[0:08] Tonight's meeting is being conducted

[0:10] both in person and online. Members of

[0:12] the public may attend in person or the

[0:15] public may also watch this meeting

[0:17] online at burnsvillemn.gov/meings

[0:21] or view us on Comcast channel 16 or 859.

[0:26] The public can join us on Zoom by either

[0:28] going to zoom. us/join.

[0:32] More information is available on our

[0:33] meetings web page and in the agenda.

[0:37] Our first order of business tonight is

[0:40] uh swearing in of a new commissioner by

[0:42] our planning manager, Mr. Mike Morosula.

[0:46] Um, Alex Ramner. If you want to um

[0:52] join Mr. Morosula over by

[0:55] [clears throat] the end.

[0:57] » Thank you, chair.

[0:58] So, here's the oath. Um, you're going to

[1:00] repeat after me.

[1:02] » Um, [clears throat]

[1:04] and then we'll sign it afterward. So,

[1:07] » I, Alex Raminer,

[1:08] » I, Alex Ramner,

[1:10] » S do solemnly swear

[1:12] » Do solemnly swear

[1:13] » That I will support the Constitution of

[1:14] the United States

[1:15] » That I will support the Constitution of

[1:17] the United States

[1:18] » And the state of Minnesota

[1:19] » And the state of Minnesota. I and

[1:22] faithfully and will discharge the duties

[1:24] as a member of the Burnsville comm

[1:26] planning commission and the city of

[1:27] Burnsville.

[1:28] » And faithfully will discharge the duties

[1:30] as a member of the Burnsville planning

[1:32] commission and the city of Burnsville.

[1:34] » In the county of Dakota and the state of

[1:36] Minnesota

[1:37] » In the county of Dakota and the state of

[1:39] Minnesota.

[1:39] » To the best of my judgment and ability.

[1:41] » To the best of my judgment and ability.

[1:44] » So help me God.

[1:45] » So help me God.

[1:45] » Thank you. Congratulations.

[1:47] » Thank you. Just sign right there. Sure.

[1:49] Awesome.

[1:52] Beautiful. Thank you.

[1:53] » Welcome.

[1:54] » Thanks.

[1:55] » Beautiful. Welcome.

[1:57] » I find a lot of joy in serving and I

[1:59] hope you do, too.

[2:02] » All right. Our next order of business

[2:05] tonight is the election of chair and

[2:08] vice chair of the planning commission.

[2:10] Um, I'll first accept nominations for

[2:14] the chair of the planning commission.

[2:16] Um, so at this time I can

[2:21] um

[2:22] open up the floor for nominations.

[2:27] » Brad.

[2:28] » All right, we have one nomination.

[2:30] » I second that.

[2:31] » All in favor?

[2:33] » I

[2:34] » I

[2:35] All right. I really appreciate the

[2:37] opportunity to continue to serve. It's

[2:39] been a lot of fun for me. So we'll look

[2:42] forward to the next year.

[2:46] All right, with that we will move on to

[2:48] nominations for the vice chair of the

[2:50] planning commission. Again, I will open

[2:52] up the floor for nominations.

[2:56] » Any nominations?

[2:58] » I'll nominate Mr. Anderson as vice

[3:00] chair.

[3:00] » Beautiful. Any other nominations?

[3:04] » I don't think we can with an alternate.

[3:06] I apologize.

[3:07] Yeah.

[3:08] » So, I would say we can't, but I do like

[3:11] the strategy, but unfortunately, we

[3:13] cannot appoint the alternate at this

[3:15] time to a position.

[3:17] » Well,

[3:18] » I nominate John Ham.

[3:19] » There we go.

[3:20] » Thank you.

[3:20] » There we go.

[3:22] » Any other nominations?

[3:24] » I'll second that, though.

[3:26] » All in favor say I.

[3:27] » I. Oppos say nay.

[3:30] » All right. Dang John for not being here,

[3:33] but congratulations to him. Yeah,

[3:35] » We'll have to let him know when he comes

[3:37] back.

[3:37] » Always show up.

[3:40] » All right,

[3:42] our third topic tonight is the adoption

[3:44] of the agenda. Uh, have we had an

[3:47] opportunity to review the agenda?

[3:50] And can I get a motion

[3:54] to accept the agenda?

[3:55] » Move the adopt agenda.

[3:58] » Second that.

[3:59] » All those in favor say I. I.

[4:02] » Opposed. Motion carries.

[4:06] Uh, commissioners, have you had an

[4:08] opportunity to uh review the minutes

[4:10] from our June 8th meeting? Um, and can I

[4:14] get a motion to approve those minutes?

[4:17] » Make a motion to approve the minutes

[4:19] from June 8th, 2026.

[4:21] » Can I get a second?

[4:23] » Second.

[4:24] » All in favor say I.

[4:26] » I.

[4:27] » All right. Rock and rolling.

[4:30] Our um fifth topic on the agenda tonight

[4:34] is a public hearing for the application

[4:37] of Boer Boer

[4:40] » Sasser

[4:40] » Sasser. Thank you.

[4:42] » Basser Automotive requesting a zoning

[4:44] ordinance amendment, planned unit

[4:46] development and conditional use permit

[4:48] to allow a minor automotive repair

[4:50] business and associated outdoor storage

[4:53] and chain link fence with slats at 14801

[4:57] County Road 5. being presented by Kira

[5:00] Chapman, our associate planner.

[5:04] » Thank you, chair, for that introduction.

[5:06] Um, yes, today we are going to talk

[5:08] about the application for Besser

[5:09] Automotive requesting a zoning ordinance

[5:12] amendment PUD CUP to allow a minor

[5:15] automotive repair business and

[5:16] associated outdoor storage and chain

[5:18] link fence with slats at 14 801 County

[5:21] Road 5.

[5:23] Uh the lefth hand image is an aerial

[5:25] screenshot of the subject property and

[5:27] the right hand is a zoning map. Uh the

[5:29] right hand image highlights the subject

[5:31] property in red. Um and that subject

[5:34] property is in a pink purple color

[5:36] representing the B2 neighborhood

[5:38] business district

[5:40] which is guided as a B US uh business

[5:43] retail office in the 2040 comprehensive

[5:46] plan. And to the south in a darker

[5:48] yellow color is the R2 two family

[5:50] residential district. Um and the lighter

[5:53] yellow color to the north and the east

[5:55] are the one family residential district.

[5:58] Uh both the R1 and the R2 are LDR which

[6:01] is low density residential in the 2040

[6:03] comp plan. And directly across across

[6:07] county road five in the gray color is

[6:09] the R4 highdensity residential district

[6:12] um and is guided as HDR uh highdensity

[6:15] residential and that is South Cross

[6:18] Village a multifamily uh residential um

[6:21] complex and in the green is uh North

[6:24] View Park um directly south of that.

[6:29] The applicant is requesting uh three

[6:31] requests. One is for a zoning ordinance

[6:33] amendment to allow a minor automotive

[6:35] repair business in the B2 district as a

[6:37] conditional use. Second is a conditional

[6:40] use permit for minor automotive repair

[6:43] and for a chain link fence with slats.

[6:45] And the third is for PUD flexibilities

[6:47] for specific site constraints.

[6:51] Uh the existing property is located on

[6:53] 1.06 acres and the site currently

[6:56] operates as a Shell gas station, bait

[6:58] shop and offers U-Haul rentals. Uh the

[7:01] applicant intends to redevelop the site

[7:03] into an 8,700 square foot automotive

[7:06] repair business

[7:07] um that would have a customer service

[7:10] space, office areas, and shop bay.

[7:13] Typical services would include uh engine

[7:15] diagnostics and repair electrical

[7:17] computer repairs, uh fuel injection

[7:20] systems, service, brake and suspension

[7:22] work, and fluid changes. The applicant

[7:24] has signed a purchase agreement with the

[7:26] property owner and that purchase

[7:27] agreement is um for the removal of all

[7:29] underground storage tanks. So that would

[7:31] include lift, hoists, waste oil, diesel

[7:34] and gasoline tanks. The purchase

[7:36] agreement also mentions the demolition

[7:38] of the existing building on site as well

[7:40] as the concrete gas pumps and gas pump

[7:43] plumbing.

[7:46] The site is currently located on two

[7:48] lots, lot 11 and lot 12, which were

[7:50] platted in 1959 as Burnsville Hills,

[7:53] which is a subdivision, a 52 lot

[7:55] subdivision. Um, in 1960, the gas

[7:58] station was constructed for a 1,200 ft²

[8:01] space. Um, all of this occurred prior to

[8:04] the city of Burnsville being

[8:05] incorporated as a city in 1964, and no

[8:08] development applications or requests

[8:10] have been submitted for their this

[8:12] property since. Uh the applicant did

[8:15] send out neighbor notifications for this

[8:17] request back um earlier this year. They

[8:20] sent out 55 notifications

[8:22] um for the February 12th, 2026 meeting.

[8:26] There was uh no one in attendance for

[8:28] that meeting and there was one uh

[8:30] response, written response that was

[8:32] supportive of the project. Following the

[8:35] neighborhood meeting was the city

[8:36] council meeting and the city council was

[8:38] supportive or city council work session

[8:40] meeting, excuse me, uh was supportive of

[8:42] the request because the building was

[8:44] very versatile and could be easily

[8:46] flexible for future reuse. Um and they

[8:50] were also supportive as that it would be

[8:51] a huge improvement to the site and was

[8:53] overall supportive of the zoning

[8:54] ordinance amendment.

[8:57] Uh here's a quick site plan that the

[9:00] applicant submitted that shows um the

[9:02] proposal that would be building uh the

[9:05] proposed footprint of the building. Um

[9:07] it would include office spaces um the

[9:11] shop bays uh mezzanine uh customer

[9:14] service area and um it would include

[9:18] significant parking on site. Most of

[9:20] that will be on the outdoor storage area

[9:22] um which is indicated in this um this

[9:26] dash and X mark through the perimeter on

[9:29] the east side and the south highlighted

[9:32] here.

[9:35] And um customers would park up front um

[9:38] and then those would then later be taken

[9:40] um for waiting vehicle repairs and

[9:42] customer or employees would also be

[9:44] parking in the outdoor storage area.

[9:48] With this uh request, there's a the

[9:51] applicant is requesting a zoning

[9:53] ordinance amendment. Currently, the B2

[9:55] district does not allow minor automotive

[9:57] repair. The applicant is requesting to

[9:59] allow this use. Um the B2 district, the

[10:02] intent of the B2 district is to provide

[10:04] commercial centers offering convenience

[10:06] goods services to surrounding

[10:08] residential areas. Uh minor auto minor

[10:11] automotive repair may be comparable to

[10:13] the district's intent um subject to

[10:16] operational standards. Uh the B2

[10:18] district is typically abuing or adjacent

[10:20] to residential properties. So staff

[10:22] thinks it's appropriate to have this as

[10:25] a conditional use as opposed to

[10:26] permitted. Staff would also like to uh

[10:29] mention that Nitro Automotive Repair is

[10:31] allowed and permitted and several

[10:34] districts within the city is uh it is a

[10:36] permitted use in the B3, B4, and I1

[10:39] district. And within all those

[10:40] districts, outdoor storage is a

[10:42] conditional use. Uh the B2 district does

[10:45] not permit outdoor storage. um and does

[10:47] not allow it as a conditional use.

[10:49] [clears throat] Um as s as such, staff

[10:51] is recommending the language that is

[10:53] shown in the italics of this slide. Um

[10:55] staff is recommending that uh minor

[10:57] automotive repair business business uh

[11:00] conducted entirely within a building

[11:02] with associated outdoor storage

[11:03] permitted in accordance with section

[11:05] 1098 and screed in accordance with

[11:08] section 10921 of this title. Um, I would

[11:12] like to note that this zoning ordinance

[11:14] amendment would not only impact the

[11:15] subject property but other B2

[11:17] properties. Uh, Burnsville has

[11:19] approximately 32 B2 uh, properties.

[11:23] Um, and staff would like to um, have

[11:27] this be a conditional use to ensure any

[11:30] spite site specific concerns are

[11:32] mitigated such as noise, odor, um,

[11:35] traffic um, by case-byase basis.

[11:40] The applicant is requesting uh three um

[11:44] or requesting multiple PUDs in order to

[11:47] make this site feasible. Um these

[11:49] include the reduction um from the side

[11:52] setback from 30 ft to 13. A decrease the

[11:55] required parking setback from 30 ft to

[11:57] 21. Modify the required plant diversity

[12:00] standards from three of four to two of

[12:02] four. Permit a flat roof on the

[12:04] principal structure. Lower the internal

[12:06] landscaping parking lot standard from 8%

[12:09] to 5% and permit a minimum of 45% m

[12:13] native species in lie of the 50% to

[12:15] satisfy the alternative landscaping

[12:17] feature.

[12:20] Um, in terms of the parking lot setback,

[12:23] um, within the B2 district, uh, there

[12:26] are typical parking lot setback

[12:28] standards, but that setback standard

[12:30] increases to 30 ft anytime you're abuing

[12:34] a residential property. So, in this

[12:36] case, the parking setback is 30 ft on

[12:38] the east and south side of the property.

[12:41] Um, this can be um can hinder the site's

[12:44] parking capacity needs and operational

[12:46] needs. Um and the parking lot will be

[12:49] significantly screened already with

[12:50] landscaping and the 8 foot tall fence.

[12:54] Um so in order to make the site

[12:58] efficient staff is supportive of this

[13:00] setback flexibility.

[13:02] Um in terms of the flat roof um the city

[13:05] code states that all buildings are

[13:07] required to be pitched, manered or other

[13:09] roof type that reflect the architectural

[13:12] uh character of the adjacent residential

[13:14] areas. Um, I looked in the neighboring

[13:16] properties and most are pitched just

[13:18] because they are residential um, homes.

[13:21] Um, however, that's not very conducive

[13:24] of a automotive repair business. They

[13:26] need a lot more clearance for taking in

[13:28] these vehicles to repair them and also

[13:31] it's much easier to install rooftop

[13:33] utility units um, such as HVACs um, onto

[13:36] the roof of the structure if you have a

[13:38] flat roof.

[13:40] Um in terms of plant diversity, the city

[13:42] code requires three of four plant types.

[13:44] Um the four plant types include uh

[13:47] evergreen trees, deciduous trees,

[13:49] ornamental trees, and shrubs. And the

[13:52] required number of those plantings is

[13:53] based on the square footage of open

[13:55] space. The applicant provided the

[13:57] landscaping plans and it was shown that

[13:59] they are meeting the overstory and

[14:01] evergreen tree requirements, but they

[14:03] are not providing any ornamental and

[14:05] they are short ornamental or excuse me,

[14:07] short shrubbery. Um staff is overall

[14:09] supportive of this request because it

[14:11] still meets uh the 25% plant diversity

[14:14] requirement and there's significant

[14:16] landscaping on site.

[14:20] Um in terms of alternative landscaping

[14:22] features, the code requires a minimum of

[14:24] two of six uh alternative landscaping

[14:27] options and those include uh zurcaping,

[14:30] lake scaping, native species, rain

[14:32] gardens and green rooftops. Uh the

[14:34] applicant did meet the Zurcaping

[14:37] standard which is providing species that

[14:39] are drought tolerant species um such as

[14:42] Carl Forester, Kentucky coffee tree and

[14:44] Norway pine. Um and the applicant did

[14:47] attempt to provide or attempt to fulfill

[14:48] the native planting requirement. Um the

[14:51] applicant provided uh 45% of native

[14:55] plantings as opposed to the required

[14:57] 50%. staff is supportive of this because

[14:59] it meets the ecological intent of the

[15:01] city code. And uh lastly, in terms of

[15:04] interior parking lot landscaping, the B2

[15:06] district requires a minimum 8% internal

[15:09] landscaping in the parking lot. Um the

[15:12] applicant is proposing 5%. Um having the

[15:17] limit or less landscaping inside will

[15:19] better allow the applicant to utilize

[15:21] their property um for parking and for

[15:24] operational purposes. and the inside the

[15:27] outdoor storage area, there's already

[15:29] significant landscaping um with the

[15:31] parking islands and much of that is

[15:33] already not visible because of that 8ft

[15:35] tall fence that is um surrounding that

[15:37] property as well.

[15:40] Uh concurrently with the zoning

[15:41] ordinance amendment is a conditional use

[15:43] permit to allow automotive uh repair

[15:46] business as well as allowing an uh a

[15:49] fence with chain link flat chain link

[15:51] fence with slats. Um

[15:55] the applicant is proposing to do all

[15:56] interior work inside of the building and

[15:59] there will be no auto body repair work.

[16:01] Um common services that will be offered

[16:04] will be oil changes, brake work,

[16:06] suspension, alignment, drivetrain work,

[16:08] engine repairs. Um and this will uh and

[16:14] no outdoor work will be uh proposed at

[16:16] this location. Um and just to

[16:19] illustrate, I'm just going to move to

[16:20] the next slide which is the floor plan.

[16:23] The applicant um for the first floor um

[16:25] is proposing to have some office spaces,

[16:27] a customer service area, and they will

[16:30] have this uh approximately 5,650

[16:33] square ft um service bay area which will

[16:37] hold house up to nine vehicles at a

[16:39] time. And then this right-hand image is

[16:42] the second floor, which you'll see

[16:44] there's some office spaces, a storage

[16:46] mezzanine, which will overlook um the

[16:48] shop bay below.

[16:51] Um and the site will also have um as

[16:54] mentioned previously the outdoor storage

[16:56] fence um which will be on located on the

[16:58] south and east portion of the property

[17:01] which will enclose about 19,000 square

[17:03] ft and that is to store vehicles

[17:06] awaiting repairs and for employee

[17:09] parking.

[17:10] Um last time I spoke with the applicant

[17:13] and when the plans were submitted um the

[17:15] plan was to have this project begin

[17:17] construction in uh late summer, early

[17:20] fall. so that it could open in spring of

[17:23] 2027. Um the proposed plan is to have

[17:26] about six employees on site and their

[17:28] hours of operation would be um

[17:30] approximately 7:30 a.m. to 6:00 p.m.

[17:32] Monday through Friday and 8:00 a.m. to

[17:34] 2:00 p.m. on Saturdays.

[17:39] Uh the applicant provided uh building

[17:42] material uh exteriors and architecture

[17:45] plans uh for the site. Um when staff

[17:48] look through it, it is meeting all the

[17:49] building design requirements except the

[17:52] rooftop or except for the roof um which

[17:55] is requested through the PUD

[17:56] flexibility. Um the building is

[17:59] specifically was designed for future

[18:01] reuse in mind and that was by um

[18:05] constructing uh high ceilings and clear

[18:08] span structural systems to create a

[18:09] flexible interior layout that can be

[18:12] converted easily to other commercial

[18:13] uses um such as like a retail space or a

[18:16] a grocery store. Um, common exterior or

[18:20] the building exterior materials that

[18:22] will be included include a pre-cast

[18:24] concrete panels, metal accent bands,

[18:27] metal awning, horizontal and vertical

[18:29] panel reveal, and glass windows.

[18:34] Um, and here are some two renderings

[18:36] that the applicant provided. The lefth

[18:38] hand image is a rendering looking from

[18:40] County Road 5, uh, looking north. And

[18:43] the right hand image is a view from

[18:45] about the sidewalk on County Road 5

[18:48] looking south. Um, I'd also like to

[18:50] mention that the blue boxes on the

[18:52] building and over here represent where

[18:54] the signage will be located.

[18:57] Um, and I'd also like to point out that

[18:58] these renderings that they do not

[19:00] include the fencing in here, but this is

[19:02] just to illustrate the overall um, look

[19:05] of where the building will be located

[19:06] and um, the vegetation.

[19:13] Uh we calculate park the minimum number

[19:16] of parking require or minimum number of

[19:18] parking stalls based off the use of the

[19:20] space and staff calculated this in a

[19:22] minimum of 24 stalls are required for

[19:24] the project. The applicant was proposing

[19:26] to have 40 surface stalls and then an

[19:29] additional nine stalls within the shop

[19:31] bay for a total of 49 parking stalls.

[19:34] Um, I'd like to mention that the up

[19:37] front in front of the building, there

[19:39] are 10 stalls for customer parking in

[19:41] the outdoor storage area will have 30

[19:43] parking stalls. Um, the applicant will

[19:46] be removing uh access off of County Road

[19:49] 5 based on the county regulations and

[19:51] they will be moving the two accesses

[19:53] that are currently on Crystal Lake Road

[19:55] West further east away from the

[19:57] intersection.

[19:58] Um, and I am just to illustrate um the

[20:03] circulation on site, I'm just going to

[20:04] go back to the site plan.

[20:08] So, when customers enter the site, they

[20:10] will be accessing the the driveway off

[20:13] of Crystal Lake Road West and they will

[20:16] be parking in the front of uh in front

[20:18] of the building in one of these 10

[20:20] parking stalls. They will then go into

[20:22] the building and check in their vehicle.

[20:24] From there, employees will then take the

[20:26] vehicle either by going through the

[20:28] sliding gate chain link fence here or if

[20:31] it is needing repairs at that time, it

[20:33] will be taken going through the inbound

[20:35] overhead door into the shop bay where it

[20:38] will get repaired. And then after that,

[20:40] it will exit through the outbound

[20:41] overhead door into the outdoor storage

[20:43] area. Employees will enter through the

[20:47] site by entering the Crystal Lake Road

[20:50] west as well and then entering through

[20:52] the sliding gate doors here. Employees

[20:54] will be parking on the east side of that

[20:56] outdoor storage area located over here.

[20:58] It's approximately believe it was 8 to

[21:01] 10 parking stalls over here is where

[21:03] they will be dedicated for employees.

[21:05] The remainder of the site will be for

[21:07] vehicles awaiting repairs.

[21:10] Um, I'd also like to note um that

[21:13] whenever there are deliveries or um

[21:15] haulers coming to the site, they will be

[21:17] entering similarly. They will just be

[21:19] entering through that sliding gate um to

[21:21] pick up the trash that's in the

[21:23] enclosure here. And we'll be dropping

[21:25] off deliveries as well. Um snow storage

[21:28] is shown in dash lines located um near

[21:31] the front parking lot on the northwest

[21:33] portion of the property right here and

[21:36] the northeast over in this area as well.

[21:38] And there are two outdoor uh snow

[21:40] storage areas as well in the outdoor

[21:42] storage area located at the end of this

[21:45] um southwest uh parking lot here and to

[21:48] the south and over here as well.

[21:57] Uh according to our ordinance the B2

[21:59] district um trees may be removed up to

[22:02] 50% of the tree removal threshold. This

[22:05] threshold is based on the valuation of

[22:07] trees as opposed to the number of trees

[22:08] on site. Um the applicant did provide a

[22:11] breakdown of that um information and

[22:14] that can be found specifically in the

[22:15] civil plans on sheet C9. Um they stated

[22:20] that they will be removing to exceed

[22:23] that 50% threshold. And the city code

[22:26] states when that happens that trees must

[22:28] be um replanted at uh 1.5 times uh the

[22:34] value of the trees removed. Although

[22:36] they are doing significant replanting on

[22:38] site um it is still um results in a

[22:41] deficit. As such u the applicant is

[22:44] required to provide a cash in l of

[22:45] $8,43.99.

[22:49] Um, as part of this, they are also

[22:51] required to submit a tree removal permit

[22:53] and a finalized woodland evaluation

[22:55] worksheet. Um, prior to any tree

[22:57] clearance on site,

[23:01] the applicant is providing significant

[23:03] screening. Uh, despite this the small

[23:04] size of the site, um, much of the

[23:07] evergreen trees will be located on the

[23:09] east side of the property within the

[23:11] outdoor storage area located

[23:15] in this area. So, it'll be located on

[23:16] the east and part of the south as well.

[23:19] There's a few evergreen trees that are

[23:21] located outside the outdoor storage

[23:22] area, located in the northeast portion

[23:24] of the property. And these are to

[23:26] provide extra screening along that

[23:28] fencing from the residential properties

[23:31] as the deciduous trees will be planted

[23:33] to the north portion of the property and

[23:35] also partially to the west. There also a

[23:38] few uh within the parking islands and at

[23:41] the end of the parking lot as well um to

[23:44] provide some internal landscaping.

[23:47] And there's also quite a few perimeter

[23:48] landscaping of shrubs, perennials, and

[23:51] grasses around the perimeter of the

[23:52] building and also within the parking

[23:54] islands and at the ends of the parking

[23:56] lots. There's also some around the

[23:58] monument sign as well.

[24:01] And I'd also like to mention that the

[24:03] applicant and as a benefit to this PUD,

[24:06] um they are the applicant is going to be

[24:08] pro providing inground irrigation

[24:10] systems in all mulched areas. And this

[24:13] will have a water sensing device to

[24:14] prevent any overwatering. And we'll be

[24:17] will also have a timing device to

[24:19] irrigate as well.

[24:23] The applicant will be installing an 8ft

[24:24] tall chain link fence with slats. Um and

[24:27] this will be used to provide security

[24:29] and also screen the vehicles from view

[24:31] from the residential properties um

[24:33] adjacent to it. Um and uh the plans

[24:38] indicated that the fence will be

[24:40] approximately one foot from the side

[24:42] property line and about two feet from

[24:44] the rear. Um the fence can go up to the

[24:46] property line. Um however, the applicant

[24:49] is responsible for maintaining any area

[24:51] that's between the fence and the

[24:53] property line. Uh the trash and

[24:56] transformer will be located within the

[24:57] fenced in area um where it will be

[25:00] visually screened from view. Um all

[25:03] trash um will be located within the

[25:05] outdoor storage um area

[25:08] and that will be hauled once a week and

[25:10] common trash will include uh packaging

[25:12] material, cardboard boxes and

[25:14] unrecyclable parts. Uh the applicant did

[25:17] not have specific details on the rooftop

[25:19] utility units at this time. However,

[25:21] they had general dimensions and

[25:23] locations of where those units will be

[25:25] located. Um and they believe that the

[25:27] parit walls will provide sufficient

[25:29] screening. The code states that RTU's

[25:32] rooftop utility units must be screened

[25:34] from ground view and that's that is

[25:37] defined as um the view of the building

[25:40] from the furthest width of the right of

[25:42] way um from the property lines that abut

[25:44] street. So, the furthest point of the

[25:45] rightway of County Road 5 and Crystal

[25:48] Lake Road West. And based on the

[25:50] cross-sectional drawing that they

[25:51] provided, um the RTUs are screened. But

[25:54] to safeguard this, staff has added a

[25:56] condition to safeguard um the screening

[25:59] of these rooftop utility units.

[26:05] The applicant also provide um general

[26:07] locations and sizes of the signage on

[26:09] site. Uh there will be uh two wall lit

[26:13] signage that will be located on the

[26:14] north and west side of the building

[26:16] facade and there will be one monument

[26:18] sign located on the west side of the

[26:20] property which will be a changeable copy

[26:22] sign. Um, this code states that it

[26:25] cannot change more frequently than every

[26:27] 8 seconds or that the image itself

[26:29] cannot change more than once every 8

[26:32] seconds and cannot have a flashing or

[26:34] scrolling movement and the brightness

[26:36] can exceed one and a half candles abuing

[26:38] residential properties. Staff would also

[26:40] like to mention that within the B2

[26:42] district, all illuminated signage um may

[26:46] only be illuminate illuminated during

[26:47] business hours or until 11:00 p.m.

[26:49] whichever is later. and all lit signage

[26:52] are required to have a light sensing

[26:54] device to adjust brightness of display

[26:56] as as natural ambient light changes. I'd

[26:59] also like to note that all um the

[27:01] signage plans shown meet our maximum

[27:03] size requirements.

[27:06] Um speaking of lighting, the applicant

[27:08] also provided a phototric plan of where

[27:10] all um lighting will be located, such as

[27:13] wall packs and light poles. Um there

[27:15] will be seven light packs and those will

[27:17] be located on the north, south, and east

[27:19] side of the building exterior. And there

[27:21] will be three light poles. Um, one will

[27:23] be in the north parking lot and two will

[27:25] be in that um, Fston outdoor storage

[27:28] area. Um, and staff reviewed those and

[27:32] it meets our phototric um, city code

[27:34] standards um,

[27:37] to prevent and staff also made a

[27:39] condition as part of this um, to

[27:42] safeguard any lighting and glare

[27:44] concerns to the residential adjacent

[27:45] properties. A condition has been added

[27:47] requiring light shields on the back of

[27:49] all light poles to prevent lighting

[27:51] spill over to adjacent residential

[27:53] properties.

[27:55] As a whole, staff reviewed the whole

[27:57] proposal and believed that it meets the

[27:59] 2040 comprehensive plan by reinvesting

[28:01] into the neighborhood and diversifying

[28:03] the local economy and employment

[28:05] opportunities. It also replaces replaces

[28:07] an aging facility with a modernized

[28:09] high-quality building um and maintains

[28:11] the city's goal as an an economically

[28:14] viable community to live and work. U it

[28:17] is also an enhanced transition between

[28:18] commercial and residential properties by

[28:21] having significant landscaping and

[28:22] permanent underground irrigation and

[28:25] several conditions have been added to

[28:26] mitigate any adverse impacts to nearby

[28:29] residential properties.

[28:31] As such, staff recommends that the

[28:33] planning commission recommend to the

[28:34] city council the approval of a zoning

[28:36] ordinance amendment PUD and CUP to allow

[28:38] a minor automotive repair business and

[28:41] associated outdoor storage and chain

[28:42] link fence with slats [clears throat] at

[28:44] 14801 County Road 5 subject to the 25

[28:47] conditions of approval. With that, I

[28:50] will turn it over to the planning

[28:51] commission for any questions.

[28:53] » Thank you, Miss Chapman. All right,

[28:55] commissioners. Do you have any questions

[28:56] for staff? Commissioner Anderson,

[29:00] » Has was there any consideration made to

[29:02] putting the trees that are screening the

[29:05] residential area outside of the fence?

[29:09] » Yeah, that was that's something staff

[29:11] discussed. Um, we thought about having

[29:14] them placed outside. The city code

[29:16] doesn't specify it. There's a specific

[29:18] code section that talks about buffer

[29:20] requirements and it didn't specify

[29:22] whether landscaping had to be outside or

[29:25] inside the fence. Um, however, staff did

[29:28] look at the potential for having it

[29:29] outside, but when we looked at the

[29:31] aerial view, the neighbors um directly

[29:35] behind the subject property, so directly

[29:38] to the east, already have fencing on

[29:40] their property. And then also the

[29:42] neighbors directly south um also

[29:44] residential property also has fencing.

[29:47] So, we thought that having vegetation

[29:50] between the two fences would not

[29:52] necessarily be necessary in this case

[29:54] since there's already fencing that goes

[29:56] up to that property line.

[30:02] » Commissioner,

[30:03] » I have a question that

[30:06] you can educate me on. Um, and I know

[30:09] that there's been ground testing and

[30:10] other things because there's a gas

[30:11] station. if when they tear down the

[30:13] building they find additional ground

[30:16] pollution for instance the lifts or

[30:18] whatever have been leaking for years

[30:19] who's responsible for that cleanup so

[30:22] the applicant has a purchase agreement

[30:24] with the property owner right now and as

[30:26] part of that purchase agreement there

[30:28] was a condition that stated that the

[30:30] property owner is responsible for that

[30:32] cleanup and I know that the MPCA has to

[30:35] go out there and do testing and soil

[30:37] borings for that um I'm not sure where

[30:39] they are in that process at this

[30:41] Thank you,

[30:44] » Commissioner Anderson.

[30:45] » In the storage area, can they store

[30:48] anything besides automobiles?

[30:51] » We put a condition in there that I I

[30:53] don't remember the number, but it said

[30:55] that all storage of materials, the

[30:59] storage of exterior materials are not

[31:01] allowed. So, it is strictly only for the

[31:03] employee vehicles and vehicles being

[31:05] repaired.

[31:08] Right.

[31:12] Commissioners, any other questions?

[31:14] All right. At this time, I will invite

[31:16] the applicant to um make any statements

[31:19] and then commissioners can ask questions

[31:21] prior to opening the public hearing.

[31:24] » Can you state your name and address for

[31:25] the record?

[31:26] » Uh Darby Regan with Development, 21476

[31:30] Granada Avenue, Lakeville. Um just on

[31:33] behalf of Tom, you know, we are very

[31:36] thankful for the work that staff, Mike

[31:38] and Kira, you guys have put in on this

[31:41] um staff report and throughout our

[31:44] application process has been incredibly

[31:45] helpful uh and you know to planning

[31:48] commission as well. Thank you for

[31:49] hearing our application. We're very

[31:50] excited at this opportunity um and

[31:53] incredibly thankful for the opportunity

[31:56] to bring Thomas business to town. So,

[32:00] thank you um for hearing your

[32:02] application and we look forward to

[32:04] continuing on.

[32:05] » Beautiful. Thank you.

[32:07] » Commissioners, did you have any

[32:08] questions for the applicant? Sorry.

[32:12] » Will they be moving their business to

[32:14] Burnsville or will the location they

[32:16] have now stay open?

[32:19] » Would you like to speak more on that?

[32:24] Tom Besser, owner of Besser Transmission

[32:26] and Auto, uh 4221 Highway 13 West in

[32:29] Savage. Um the answer to your question

[32:33] is we're not 100% sure at this point

[32:36] because of unbelievable is issues with

[32:40] the uh SBA.

[32:42] uh the SBA we're we're trying to do a a

[32:46] um a 1031 reverse

[32:49] uh process here which uh is building a

[32:52] new facility then selling the existing

[32:54] facility and putting the proceeds

[32:56] towards that for tax purposes. That's

[32:59] the ideal part of it. Um the SBA is is

[33:03] kind of fighting that a little bit

[33:04] because the time frame what we have in

[33:07] front of us unfortunately is

[33:08] construction on Highway 13. Uh, Highway

[33:11] 13 will be tore up next spring for two

[33:13] years. And sitting in many meetings with

[33:16] my broker, uh, I've been advised that

[33:18] the property will not sell during that

[33:21] time. So, it's best to hang on to that

[33:23] property and either lease it as an

[33:25] automotive repair facility or keep my

[33:27] keep my operations going. Uh, but a lot

[33:30] of that depends on if I can find

[33:33] management staff to help out. Uh,

[33:35] ideally, I want to get rid of the

[33:37] property to do the 1031 exchange. That

[33:40] is the goal. Uh however that may be

[33:42] delayed by a couple of years because of

[33:44] the SBA. Um the other question to to

[33:47] answer about uh uh

[33:51] Mr. Anderson, you had mentioned

[33:52] something about uh uh the property and I

[33:55] I forgot what it was. Um

[33:59] the idea is to is to uh have all repairs

[34:03] done inside so that you're concerned

[34:05] about parking in the back. Um we don't

[34:08] do body work. There's not we don't

[34:10] dismantle cars to a point that we have

[34:11] to push them outside that they're

[34:13] unrecognizable.

[34:14] Um there will be times rare times uh

[34:18] that we have to put a car outside. It'll

[34:21] be intact enough that you won't know

[34:23] that it's not drivable. Okay. Uh the

[34:26] generally speaking, this size

[34:29] improvement of this building for me uh

[34:33] will give each technician at least two

[34:35] bays to work with. That way when one

[34:37] does get tied up for while we're waiting

[34:38] for parts or something of that nature,

[34:40] we do not have to remove them from a

[34:42] lift that they're on. That's my goal. It

[34:45] has all to do with productivity. That

[34:47] way it can continue to keep everything

[34:49] inside the building without it. It

[34:51] consumes time and money if we have to

[34:53] push things outside. So it's not uh

[34:55] something that is desirable in the

[34:57] operations. Uh the other thing I wanted

[34:59] to note was that the Saturday operations

[35:02] um that is that will be as needed basis.

[35:06] I have never been open on a Saturday in

[35:08] in in 34 years of business and I

[35:11] personally don't want to be. Um I like

[35:13] to keep a family balance with my

[35:15] technicians and so they can have the

[35:17] weekends off and travel. So um a lot of

[35:20] the Saturday the idea came behind that

[35:22] is if you know can we afford the

[35:24] property taxes on this place? It's going

[35:26] to be huge and and one of the things

[35:28] that might have to happen is we have to

[35:29] be open for a few hours on Saturday to

[35:31] help that funding. Uh but preferably uh

[35:34] that will not be the case.

[35:38] » Beautiful. Uh Commissioner Long,

[35:39] » A question. You talked a little bit

[35:41] about um flexibility of the building for

[35:45] future use. Is there is there ideas of

[35:47] something planned in the future or is it

[35:48] just forward thinking? No, I I when I

[35:51] came up with the design, I first sat

[35:52] down with Mike, uh that was the first

[35:54] thing I I proposed is to get rid of this

[35:57] building that's there and to put up

[36:00] something that, you know, cuz you know,

[36:02] this building's going to far outlive me,

[36:04] you know, and um I I thought that it

[36:07] would be useful to make it to be used

[36:10] for something different if uh it there's

[36:13] a need because there who knows how long

[36:15] this business will survive. And I I

[36:17] think it honestly I I think it's a in a

[36:20] fabulous location to enhance the the uh

[36:23] the neighborhood given options instead

[36:26] of going to those dealer row as I call

[36:27] it um and to go to a private business

[36:30] that can have their car repairs done.

[36:32] But uh um

[36:35] yeah, I guess that's it.

[36:36] » Okay. Okay.

[36:38] » Commissioner Long,

[36:40] » I think I know the answer to this, but

[36:41] I'm going to ask anyway just because

[36:42] it's the neighborhood. You say the work

[36:44] is going to be done inside, and I

[36:45] understand you're not doing major

[36:46] automotive repair to help keep the noise

[36:48] down and so forth,

[36:50] but even when you walk into one of these

[36:52] dealerships with oil changes, it's loud

[36:54] on the inside. Do you keep the doors

[36:56] closed when you're performing the

[36:58] repairs?

[36:58] » We discussed that at length uh with with

[37:01] the planning department. And the idea

[37:03] there is to uh there will be days that

[37:05] we want to keep the doors open. Uh the

[37:08] idea is is just to keep some fresh air

[37:10] into the place. Generally speaking, I am

[37:13] what I'm offering on this construction

[37:15] of this building as well is the quality

[37:18] roof, quality sides to be heat efficient

[37:20] and air condition efficient. We are

[37:23] offering an air conditioned repair

[37:25] facility because technicians like that

[37:27] and we can draw in a much higher quality

[37:30] technician if we have an air conditioned

[37:32] area. But yeah, ideally there would be

[37:34] times and what Mike was discussing uh

[37:37] was if there's an issue with noise, we

[37:39] can shut the doors. Okay.

[37:41] » I'd also like to note staff did add a

[37:43] condition um that stated that if there's

[37:46] like three complaints within a six-month

[37:48] period um there should be some

[37:51] mitigation that the staff will help you

[37:53] know support them through. But there is

[37:55] still that condition to try and

[37:56] safeguard any noise that is produced on

[37:59] site.

[38:00] » Thank you.

[38:01] » Ideally, it would be great if the

[38:02] neighbors came and talked to me about

[38:03] it. I would not have a problem doing

[38:05] something about it. I I mean I'm trying

[38:07] to be there for the neighborhood area

[38:10] and I certainly want to cooperate with

[38:12] any concerns.

[38:16] » All right. Any other questions for the

[38:17] applicants? All right. Beautiful. Thank

[38:20] you. With that, I will open the public

[38:22] hearing at 7:08 p.m. Anyone who is in

[38:27] the chamber and would like to wish wish

[38:30] to speak to this can approach the

[38:33] [laughter]

[38:34] podium. Do we have anyone on Zoom?

[38:39] » Nope.

[38:41] » All right.

[38:43] I will close the public hearing at

[38:47] 7:08 p.m.

[38:49] All right, commissioners. Any

[38:51] discussion?

[38:57] » Make a motion.

[38:57] » Yeah, make a motion. I'd like to make a

[38:59] motion um to the city council to approve

[39:02] the zoning ordinance amendment PUB and

[39:04] CUP to allow minor automotive report

[39:06] repair business and associate outdoor

[39:08] storage and chain link fence with slats

[39:11] at 14801 County Road 5 subject to the 25

[39:15] conditions of approval noted.

[39:17] » We have a motion second.

[39:20] » All those in favor say I.

[39:22] » I say nay. All right, the motion

[39:24] carries. Congratulations.

[39:27] » Thank you all. All

[39:30] right. Next item on the agenda is

[39:34] updates.

[39:36] Any updates from commissioners?

[39:41] » Updates from staff.

[39:43] » Yes, we got a couple. Um so with

[39:47] tonight's special meeting, next week's

[39:48] plan commission meeting will be

[39:49] cancelled. Um again, I want to thank you

[39:51] everyone that's here for being flexible

[39:53] and joining tonight. Um last week um due

[39:56] to the election we had to move our

[39:58] meeting to this week uh as there was a

[40:00] special city council meeting on the

[40:02] 10th. So thank you again for everyone

[40:04] being here tonight. Um another update

[40:07] here on tomorrow night's um city council

[40:10] consent agenda is the approval of a

[40:13] contract with Stantech to be our

[40:16] selected consultant for the 2050

[40:18] comprehensive plan update. So, um, if

[40:21] that's approved tomorrow night, we'll be

[40:23] taking that off in October. So, we'll

[40:25] start that. This commission here, as we

[40:27] discussed, will be the, um, the lead on

[40:30] that on that project. So, um, that's

[40:34] exciting. And then

[40:37] a little bit of bad news. Like to thank

[40:39] our time with Commissioner Low. Um, he

[40:42] is going to be stepping down here. This

[40:43] will be his last meeting. I want to

[40:45] thank you for your time and service on

[40:47] the plan commission and your thoughtful

[40:48] input and commitment to the community.

[40:51] You've been it's been greatly

[40:52] appreciated. I thank you. So, it's been

[40:54] great. So, I wish you best uh best in

[40:58] your future and uh thank you again for

[41:00] serving your community.

[41:01] » Thank you. It's been a pleasure being

[41:02] here and I certainly have enjoyed it and

[41:04] I've learned a lot. So, I appreciate it.

[41:06] Thank you.

[41:07] » Thank you. We you've been uh your short

[41:09] time here has been a probably a little

[41:11] over a year, right?

[41:12] » It's [clears throat] been great. So

[41:13] appreciate it. Good luck. And that's the

[41:17] only that's all I got.

[41:18] » That's all we got. All right. With that

[41:20] then I will entertain a motion for

[41:23] adjournment.

[41:25] » So moved.

[41:26] » Can I get a second?

[41:27] » Second. All those in favor say I. I.

[41:30] [clears throat] I.

[41:31] » All right. Motion carries. That's a

[41:33] wrap.

Planning Commission - 17 Aug 2026

Transcript