WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=lFl9Oba5lzs

NOTE
MEETING SECTIONS:

Part 1 (Video ID: lFl9Oba5lzs):
- 00:01:20: Meeting Call to Order, Agenda Adoption, and Minutes
- 00:02:25: Blue Agave Conditional Use Permit Discussion Begins
- 00:03:14: Staff Presentation: Blue Agave Illuminated Sign Details
- 00:06:27: Commissioners Question Staff on Permit and Conditions
- 00:11:23: Public Hearing Closed, Commission Deliberates Blue Agave Permit
- 00:15:26: Motion to Approve Blue Agave Permit with Conditions
- 00:16:17: Development Updates and Maps Presentation: City Overview
- 00:23:37: Ongoing Victoria Development Discussion and Updates
- 00:27:05: Staff and Commissioner Reports, Meeting Adjournment


Part: 1

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Good evening everyone. I'll now call our meeting to order. Our first agenda item this evening is open forum. Open forum is an opportunity for anyone to address the planning commission on an item that is not on our agenda and not in an application form that'll be coming to

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the commission at a future date. Is there anyone in the audience tonight who would like to address the planning commission on one of these items? Seeing no one, we'll now move on to adopting the final agenda for tonight's meeting. Commissioners, may I have a motion to adopt the final agenda.

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>> Make a motion to adopt the final agenda. >> Thank you, Commissioner Cross. >> Second. >> We have a second. Um, all those in favor? >> I. >> Any opposed? Thank you. Motion carries. Moving now to our agenda. Our first item is 4.1 approving planning commission

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meeting minutes for of February 4, 2020 2026. Is there a motion to approve those meeting minutes? >> So moved. >> Thank you, Commissioner MSAS. Is there a second? >> Second. >> We have a second. All those in favor? >> I. >> Any opposed? Thank you. We'll move on

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then. Our next item for discussion tonight is item 4.2. Consider a conditional use permit for blue agave. This item does include a public hearing. So, after a staff presentation, I'll open the meeting um or excuse me, open the public hearing for those in the

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chambers this evening that wish to speak on this request. Anyone who does wish to speak is allowed three minutes and we'll go in order until everyone who wishes to speak is given the opportunity to to have their say. Then I'll ask the planning commission for a motion to close the public hearing and then we'll

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have time for the planning commission uh to discuss. Um please note that the planning commission uh and the city staff will not engage in a dialogue back and forth uh with anyone who wants to address the public hearing. Let me now turn it over to associate planner Travis

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Bryley for a staff presentation. >> Good evening chair and planning commission. Tonight we have an application in front of us for condition use permit for Blue Agave restaurant which is a restaurant which is not yet open in Victoria.

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Uh the purpose of the condition use permit is for two uh internal or halo liinated commercial signs that are approximately 94 square ft each. Um this application was considered complete on February 27th which means our 60-day uh

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mark is going to be April 28th. Uh it's expected to go to the city council uh Monday's meeting. Public notice was posted in the Wakona Patriot on March 5th as well as a mail notice within 350 ft of the property line. Um we didn't have any written comments. However, we

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did receive uh one phone call earlier today from a resident who was not opposed to the signs that are going to be presented tonight. However, they were opposed to the signs being illuminated uh mainly because it detracts from uh the cleanliness of downtown.

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So, uh, what we're looking at the blue star. So, this is going to go into the row building. It's going to be one of their endcaps right on the corner of Rose Street and Highway 5. Uh, it's going to take up the majority of that space. It's located there. Um, so just looking at the signs, like I

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said, each one is they're the same size, about 94 square ft a piece. Uh, in here, this is looking from Highway 5 at the building. On the left is what the sign would appear like during the day. and at and on the right is what it appears during the night. Same thing from Rose

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Street. It's the same sign just different spot. And with any conditional use permit, the planning commission is able or excuse me, the city is able to put reasonable conditions. Since this is the first condition use permit that the planning commission and the city council will be

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looking at um since we updated the sign ordinance just a couple years ago, I just want to point out that this is for an illuminated sign within a commercial area is the reason for the conditional use permit. So different conditions that we want to look at is make sure that there's no light from the sign is plainly visible upon the sidewalk. So

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it's not there to to light up the sidewalk. Um it doesn't create any safety hazards for vehicles or pedestrians. Um it's not permitted uh to be used as uh any type of exterior lighting method. Uh the sign has to be properly maintained which gives the city

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the ability to uh enforce that maintenance in the future if it becomes in disrepair. Same with non working lights. And then we don't want the sign to be oscillating or have any moving or color changing uh because that could create a distraction. Just one solid

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glow more or less is what is being requested. and we want to make sure we stay with that. Um the sign also has to comply with all the other city code regulations. Um those are the proposed conditions something we will request of the applicant is uh to record the condition

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use permit um if issued uh within 180 days. We would not issue a a signed permit for those to be installed until uh that permit excuse me the CU is recorded with the county recorders office. With that, are there any questions on

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the signs for tonight? >> A couple uh can you remind me conditional use permit if the tenant is changed? Conditional use permit transfers tenant. >> So the conditional commissioner the commi conditional use permit is assigned

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to the property itself. So therefore with this these are speaking directly to these signs um as they go forward. However, if the tenant was to change, this condition permit would still be applied to the site and you could have a new tenant come in as long as they meet

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all the same requirements. But if the sign was different, would they have to reapply for the conditional use permit? >> If the sign is different in a way that's not time, place, or manner, they would be allowed to do it as it goes. There is a there is within the code a

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comprehensive review uh for for commercial signs. Um and there's certain criteria for that. So they could come back to the planning commission, but a conditional use permit as a land right as long as the new sign would meet the city code as well as any reasonable conditions that were applied to the

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permit and it didn't last for a time period of greater than less than one year. At that point, they would be allowed to apply for a signed permit for a new business. So if that switch from blue agave to say a a red rose or whatever restaurant would come in, as long as they still meet the city code

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and it's done with in that in that one year, the city would go ahead and have to approve that permit. Um they can always request to amend their condition use permit or voluntarily give it up. But as a land use right that is completely on the owner, which is the Roars building itself.

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>> So it's not really Gabby that's applying for this. It's the land owner. It's the roar building owners. >> Correct. >> Could you explain item number three? >> So, no sign shall be permitted to use exterior lighting methods. A lot of

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times you'll have signs that when this goes on, we're looking at a halo lit sign. So, you have an internal light that projects off the inside of the face of the sign and instead of projecting back away from the building, it it actually reflects back into the building. And that's how you kind of get

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that halo glow. Um, what this is by saying you can't use exterior lighting would be if someone want to put up a sign that's not internally lit, you wouldn't be able to use external lighting such as um a few places lines

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um noble lion's one example where the lighting or white birch where they have lights that come across and above and project back at the sign. In this case, this condition use permit restricts that for this sign. >> Thank you. Um that that was one of my questions is

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what are other examples of illuminated signs throughout the downtown business district? So you mentioned Noble Lion. Are there others that are using hail? Like I can't think of any, but I was just curious if you guys already done the homework. >> Uh Jess Naturals was one of the businesses we have in our downtown um that used an internally illuminated

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sign. Um also State Farm um with their their sign. That's how that lights up is from internal lighting. uh as well as Old National has some lighting as well. Um it's pretty common to see especially in multi-tenant buildings. Um the the goal with when we

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went through the sign ordinance a couple years ago was to find a way to balance the ability for businesses to have different options and creativity with their lighting while also or with their signage while also making sure that there were some controls put in place so that the city would have the ability to

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create or to prevent overcluttering of signs. And then sorry I have one more and then I'll I'll yield. Um I'm trying to remember are the other like city code do does it regulate like the hours it can operate?

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>> We don't have any regulations within the code where they could operate. Um that could be a reasonable condition that the planning commission could request and the city council could approve. Um as that as any regulations that we do we have to look at time, place and manner. So that would fit under the time and the

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manner of which the lighting is used. >> So it would be reasonable to say can operate it up to an hour after closing business hours closing. Like that's a reasonable thing we could add to the conditional use. >> I believe so. Um one of the things with that I do just want to state that I

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would double check with the city attorney prior to bringing to the city council. That's definitely a condition that that I can throw on there and I can follow up on before it goes to the city council >> the planning commission so wishes. >> Thank you Travis. We'll have opportunity for more questions if you'd like later on. U let me ask does the applicant wish

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to speak? Does the applicant I guess not doesn't appear that the applicant is in chambers tonight. Uh I'll now open the public hearing. Is there anyone in chambers this evening who does wish to comment on this item? All right. Hearing no public additional input. Commissioners, may I have a

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motion to close public hearing? >> Motion to close public hearing. >> We have a motion. Is there a second? >> Second. >> Have a motion and a second. All in favor? >> I. >> Any opposed? >> Very good. It carries. Uh, and the public hearing is now closed. I'll now open the floor for the planning

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commission to raise any additional questions, comments, concerns regarding this proposed conditional use permit. >> Yes. I would make the recommendation that we do them like up to one hour after business or whatever we feel is most reasonable so it's not lit up all night

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>> is what do we do with respect to other eliminated signs in Victoria >> commissioner or chair we don't have any specific regulations to that as long as they don't create a hazard uh with dynamic displays we have a bright or an intensity but outside of that there's no

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direct uh language that goes to that and if we did add that language it falls under zoning code so as as long as the businesses are continuing to operate as they did before they would retain their legal non-conforming use. >> So this so it only affect new signs going forward. It's one of the reasons for doing a condition use permit is to

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get the get this type of feedback to make sure that we're allowing businesses to do what they need to do but also protecting the residents. >> I don't know my only concern and and I think commissioner makes a good point. I just think that we need to be consistent

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so that if we impose this condition on Blue Agave, we would want to impose it on other businesses that have internally illuminated signs. >> I would comment only I mean one distinction is that this sign is going

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to be directly visible from Highway 5 as opposed to State Farm or uh Noble Lion is kind of out of sight, out of mind. So maybe having it off once this business is closed eliminates

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any possible distraction that it somebody driving through town on Highway 5 might present. I don't know that that's a big deal, but I would say that that could be an ex a distinction that could be made. Yeah, I'd be curious to know what other cities do because as I drive through Chanhassen, for example,

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on Highway 5, I see a lot of signage uh in the dark hours, so I don't know if it's a big deal or not. >> Yeah. >> Yeah. >> I mean, sure, they're looking to advertise as much as they can, >> right? >> Yeah. I don't think it's a dealbreaker by any means. If it's not possible, so be it. Just a recommendation. I think

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that makes sense given the Victoria's small town feel. Now, with that said, as we look at downtown west expanding, it's probably a moot point because we're going to run into that 10 times over with all the stuff that's going to get developed there. So, it may be not a big

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deal and not worth the fight. >> Very good. Any other questions, comments, commissioners? >> Do I understand that there is no limit on intensity or brightness of this type of sign >> there? Because it's not dynamic. >> Because this commissioner, it's not

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dynamic. No, there isn't. there's unlimited the intensity and that's why we have language that that's in there that it can't create a hazard. >> Yeah. >> Um with this type of signage there's a lot of factors that could come into how many um watts are being presented or excuse me whatever whatever the

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measurement is. I apologize I don't know my head right now. Um but depending on where the sign's located depending on if there's eaves or anything like that there's a lot of different those type of factors all play into the brightness of the sign. So therefore by putting

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generic language that allows us to say okay that is creating a hazard or it's plainly visible on the ground which is still a term that could get interpreted different ways depending on what attorney you talk to. >> Um it just it's tools to allow the city

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to have some consist or have as much consistency as possible with businesses while also allowing the flexibility to find compromise and resolutions. Thank you. Good. Any other questions, comments?

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If not, I would uh move approval uh that we recommend approval to the city council for the conditional use permit application by Blue Agave for illuminated signs at 7980 Rose Street. uh subject to the conditions recommended by city staff and with the

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recommendation that the city council also consider Commissioner Cross uh recommendation that we consider um imposing limitations on hours of use. Is there a second? >> Second.

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>> All in favor? >> Any opposed? Very good. Thank you. We'll move on. Our final discussion item tonight is item 4.3, review development updates and maps. Uh I'll turn it now over to city planner Brian McCann for a staff presentation.

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Thank you, chair and plan commissioners. Yeah, tonight is really just an update for everyone on current and past recently past development activity in the city of Victoria. So to make this easier to decipher, I've broken this

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down into five sub mapaps on the screen here. So uh we'll start going down the list first with the central business district. So this consists of several different ongoing projects that we have right now. The Amira site uh is still seeking a developer to continue with

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their final plat approval. So that one is stagnant at the moment. The downtown west development is moving forward. They had their final plat approved for the first four commercial buildings. They will be proceeding with the residential

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portions of the project later this year. Uh so that will likely come back to you again. Downtown West first edition consisting of all of apartments is nearing construction and will be occupying renters soon. Uh same deal with the Roars building as we just

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discussed tonight. They're looking at commercial users and they're also having uh residential renters fill up their spaces right now. And then Victoria condos received final plat approval from the city council for those 10 condominium units and the 6,000 square

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ft of ground floor retail. And then moving on, Victoria Vet Clinic has been done for a little while now, but is still a recent development. For anyone who didn't know, that building got a facelift, added some additional parking, and they are operating now. Uh,

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Victoria Gateway East, the Hometown Bank Mocha Monkey project. They also received final plat approval, so they'll likely be doing some work this spring. And then lastly in this list, Church Lake Boulevard. So, that was a sketch plat that was going to come to the plan

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commission for 94 town homes. Uh, we haven't had any correspondence from David Weekly Homes. the potential developer of those sites. So, we are not sure on the status of that one. Then next on the list, the east portion of the city, the Brookmore development

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is nearing final construction of all the single family residential units out there. And if you've driven on County Road 18 lately, you've seen that the fire station is also under construction and anticipated to be complete this summer.

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And then on the north end of the city, the only development activity that we have up there is for the Bell Maple Farm proposal. This was tabled by the city council recently requesting a few additional items from the developer including feasibility of the utility

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corridor. They are still working on that. Their 120day calendar does expire midappril. So we anticipate that going back to city council at their meeting on April 13th. Will that come back to us, Brian?

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>> Uh, that one will not. >> I feel particularly bad about that one because I felt like the developer did everything that was asked of the developer, took community input, incorporated that input, and still uh was left unsatisfied. And for what it's worth, um I just I felt like we we

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didn't do that fair. >> Sure. Completely understand. It's a very difficult site to develop. It would be the first parcel out in that area with utilities. So, it's under a lot of scrutiny from both the city side and neighbors and adjacent jurisdictions as

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well. So, fortunately, it's just a difficult site, but they are still planning on moving forward as of right now. Then, looking down near Marsh Lake and Marsh Lake Road, you recently reviewed a um minor subdivision proposal for 8675

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County Road 43. They did get reszoning approval and authorization from the city council to proceed with a comprehensive plan amendment. So that is currently in the process and will be going to the Met Council soon for consideration. Then

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down towards uh the actual area of Marsh Lake and Marsh Lake Road. The shores of Marsh Lake first edition is nearing final completion and the second edition uh recently applied for preliminary plat. So, that will be coming to you at

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your next meeting on April 7th. And then Hunter Glenn is also nearing final construction uh down towards the east on Marsh Lake Road. And then the last area of the city is what we're calling the Victoria South

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area. Lots of projects down here. Uh so Huntersbrook and Hersburg Creekide is also nearing final completion. They're building homes out there. Uh their focus lately, I believe, is on the creek side lots, the larger executive lots down there. And then just to the south, Marsh

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Hollow is also nearing final completion for the town homes and the single family portions of their development. Then Victoria Ridge should be starting construction on some of their town home units soon. We're still waiting for uh

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final recording for the apartment building. So, that one's stagnant as well. And then moving further south, Quick Trip did receive um or at least they applied for their building permit. I'm not sure that they've received it yet. So, they will be constructing soon

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as well. And we haven't received any additional proposals on the remaining area of Victoria Commercial. So, no new fun exciting projects yet at this time in that area. Then, West Creek Village got final plat approval for their first

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phase. So, they've done some grading activities in the fall and winter. They'll likely begin construction in the spring as well. And then Athletes Village, they applied for Sketch Plat. They've p they they haven't formally rescended the application, but they are

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um figuring out a few details on the back end. So, we've been corresponding with them, but they are not ready to proceed with their sketch plat review at this time, but that will be coming to the commission very soon. And then I did include this slide that

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wasn't in the packet for tonight. I just thought this might be helpful information. It's not development related, but it is uh involving the community. So, these are all the potential uh upcoming transportation projects. So obviously you know highway

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5 will be starting soon uh beginning at 5 and 11. This intersection will be closed starting March 30th. So uh be aware of that. Likely some detours if you're trying to head north or west from this area. And then after that project

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is complete, the highway the remainder of the highway five project will begin or the arburitum area transportation plan. And then some other upcoming potential transportation projects. Highway 7 is being looked at by the state right now uh for 2029

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reconstruction. And then on the south end of town, County Road 10 or Angler Boulevard is also getting looked at by Carver County for reconstruction in 2029. And then Victoria Drive for reconstruction in 2028. So high level,

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that's all of the development activity happening in Victoria and I can stand for any questions if you have any. >> Quick question, Brian. Uh Victoria Hotel. >> Yes, that is a good one. I can't believe I missed that one. Yes, they applied for

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preliminary plat as well. So, that will be coming to you at your meeting on April 7th. That is a great catch. Al, thank you. >> Go to the south. >> I don't know the parcel number, but it's it's north of Marsh Hollow, uh, west of

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Victoria Drive. It's like right next to the current houses. I if you can get up there. It's north of that yellow. It's not highlighted here. >> Yep. This one up. Just one more. North of Yep. to the left of that one. This one, >> that one was sold like a number of years

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ago. Do you have any insight into if they're considering development? >> I do have a little bit of insight in that one. That was purchased by Lumis Development a few years ago. They had a sketch plat come through. Uh they did not end up moving forward at that time and we're not quite sure the stats on

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that one. We haven't had any correspondence with them to my knowledge since I started here almost three years ago. So, >> thanks Brian. I was curious too on the what's the latest on the DQ? Is that going to get incorporated into Downtown West?

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>> Yes. Uh, Commissioner Bean, that is a great question. The developer for Downtown West did or they do have a purchase agreement in place with the Dairy Queen property. So, they will be incorporating that site into future submitts and they're going to go through

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sketch plat preliminary plat for that site. So, that will come back to you as well. But the daycare is untouched. >> Correct. >> Interesting. Okay. Good. Commissioners, any other questions, comments on the Highway Five development? Brian, I don't know any of the logistical

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planning information, but I would just note that they've been super aggressive on clearing trees, much to my disappointment. I mean, my place is about, I don't know, 100 yards from the road, and they came within about 30

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yards of our house to clear trees. I just didn't understand that. And and from about a quarter of a mile from the car dealership uh to the east on the trail, it's just completely barren now. It just is awful. So, >> it's it's not it's not perhaps relevant to the mission of the planning

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commission. I would just note that I'm sure others like me are disappointed over the level of clearing that we've seen. >> Um to that point I would encourage there is an open house coming up I think on March 25th.

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>> Yeah. 20 20 Yeah, next Wednesday. um Wednesday >> the and and they've do have quite a bit of literature on the Carver County uh website, but I think the the last part that you mentioned, there's planned a

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pedestrian uh overpass uh that'll come out off of 78th and come out right next to the dealership and then connect into that trail. So, that might have been part of that. >> I'm not sure what the thinking is. It's

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just sad to see so many hundred-y old trees get ripped out unnecessarily. >> So, very good. Uh, commissioners hearing uh, no more discussion. Um, so we'll move on to the miscellaneous section of

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our agenda. Uh, Brian, Travis, any reports from staff? >> Yes, I actually do have quite a few updates for you this meeting. So, uh, tonight will be Al's last meeting. his he did not reapply for uh his next term with the planning commission. So, I just

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wanted to take time to thank you for all your work that you've done on the planning commission. It is also Commissioner Beans last evening as well. He submitted his resignation with uh the planning commission. It is also Jason Otto's last meeting. We received notice today that he is resigning from the

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planning commission uh effective immediately as well. So, a few changes, but with that, we do have a new uh planning commissioner starting on April 7th. He's actually in the audience tonight if any of you want to chat with

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him after the meeting, get to know him a little bit. And then we will also have uh city council consider an appointment of our on deck individual um who may be joining us for the April 7th meeting as well. So, a few changes there. And then

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next on the list, the April 7th meeting. As I mentioned, we have two preliminary plats at that meeting as well as our regular beginning of year items like election of chair and vice chair and going through our work plan. So that will be a busy meeting. So please let me

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know if you can't make it. And then our April 21st meeting will end up being cancelled. They're doing some tech upgrades in council chambers here. So we will not have a meeting that evening, just for you all to know. And then the last thing that I had is the missing

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middle housing legislation is making waves again. It did go through the house. It is uh HF3895 if you're interested in reading up on it and seeing what they're proposing in this latest round of legislation. So

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with that, that is all the staff updates that I have. >> Thank you, Brian. Um commissioners, any reports? I would just echo and and thank Al, Bob, Jason. Um, you two in particular have

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added tremendously to our planning commission and we will very much uh miss you and your balanced common sense perspectives. So, thank you for all of your good work. Um, commissioners, there being no more agenda items for this evening, can I ask for a motion to

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adjurnn? >> Motion to adjurnn. >> Thank you, Commissioner Rias. Is there a second? >> Second. We have a second. All those in favor? Any >> opposed? Thank you. Motion carries. We are journed.

