[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.
[4:26] » 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.