Agenda - Council - 12/12/2023 - Laserfiche WebLink

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Commissioner Van Scoy commented that it would seem unusual that the Council would approve something that has not yet gone through this Commission. Planning Manager Larson replied that the City Council is the regulatory body but also the landowner and, in this case, it was the role of the landowner, and the EDA had the job of vetting that request and making a recommendation to the Council. He stated that the process will now follow the typical review process. He clarified that the Council has not yet approved the project, only the potential land sale. Commissioner Anderson replied that he thinks the process is broken. He commented that the EDA and City Council can sell the land. He noted that this Commission deals with land use. He asked why the process should even be followed if this has already been approved by the City Council. He stated that before that project goes further, the City Council should work with the Planning Commission to determine a land use. He did not think the current layout follows what is within the COR framework. He understood the things have changed, including the wetland area, but noted that the whole parcel is still designated as retail. He stated that they had agreed that the southern portion of the property would be retail. He stated that he does not have a problem with the concept north of the road that comes from Zeolite. He stated that the Council has already approved this plan along with an apartment building that the Commission has not heard of until today. He stated that there is currently a moratorium on apartments and believed that an apartment would fit better near the other apartments. Commissioner Heineman referenced a letter from a resident,Missy Luck,which spoke of concerns with the safety of Bunker and Zeolite and property taxes. He noted that he would address those concerns later. He stated that there is also a statement that a majority of the letters have contradicted what was sent earlier or in town meetings,noting that does make sense after what was just said about this Commission being left out of the loop. He asked for input from the Council liaison. Councilmember Olson replied that the Council deals with the things that come before it. He stated that the decisions on this were made based on the information received. He stated that to the best of his recollection the land sale was proposed, but the apartment use is still on hold at this time through the moratorium. Commissioner Heineman commented that then the land was sold to a developer for apartments and townhomes for property not yet zoned for apartments and townhomes. Planning Manager Larson replied that is not correct. He stated that there was an approved purchase agreement, similar to what existed with COR Trust Bank, which was later denied. He stated that the Planning Commission reviews things in a judicial manner while the City Council reviews things in a legislative manner. He stated that even though it is a land use deal, it was under the purview of the City Council. He stated that the role of the Planning Commission is not whether the land is sold, as that falls to the EDA. He stated that at the May 11, 2022 worksession there was discussion about sites that do not seem to be developing under the current framework and the question was asked where there would be openness to additional residential development. He stated that the consensus was that this site would be supported for residential development and Planning Commission/ October 26, 2023 Page 4 of 9