Planning Commission - Regular Meeting

[clears throat] All right, good evening everybody. Um, welcome. Tonight's meeting is being conducted Oh, excuse me. I'm calling the meeting our Monday, January 26th planning commission meeting to order at [clears throat] 6:30 p.m. Tonight's meeting is being conducted both in person and online. Members of the public may attend in person or the public may also watch this meeting online at burnsvillemn.gov/meings or view us on Comcast channel 16 or 859. The public can also join us on Zoom by going to zoom. usjoin. More information is available on our meetings web page and in the agenda. Our first agenda topic tonight is the adoption of the agenda. Have we had an opportunity, commissioners, to review? And can I get a motion to adopt the agenda?

Motion to accept the agenda. Second. [clears throat] All in favor say I. I. Opposed. All right. Motion is carried. [snorts] Our second topic is the approval of the minutes from our January 12th, 2026 meeting. Commissioner have we had an opportunity to review and can I get a motion to approve the minutes? Make a motion to approve the minutes. Second. Beautiful. All those in favor say I. I.

Opposed. And the motion carries. Our first public hearing of the night is the application of Rootkind Holdings LLC on behalf of Prairie Wind Herb Co. LLC for a conditional use permit to allow a cannabis re retailer at 3200 Highway 13 West being presented by Miss Chapman, our associate planner. Thank you for that introduction, chair. Today we'll be talking about conditional use permit uh to allow a cannabis retailer at 3200 Highway 13 West in Unit One by Rootkin Holdings LLC on behalf of Prairie Wind Herb Company LLC. The lefth hand image is an aerial image of the subject's site and the right hand is a zoning map um with the the subject site which is highlighted in that red um shade color. Um and the properties to the north, east, and west and the subject site are zoned GIH gateway industrial heavy and are similarly guided as MRQ Minnesota River Quadrant. Um, directly south of the subject property is Highway 13 West and Frontage Road North. For some general background information on the topic, um, Rootkin Holdings on behalf of Prairie Wind Herb Company LLC submitted a conditional use permit application. This is an application to allow a cannabis retailer within the GIH district. Cannabis retailers require a conditional use permit to be within the GIH district. Um, specifically, Prairie Wind Herb Company LLC is proposing a cannabis retailer business called Chillwater Cannabis Shop in Unit One of the site. Um, according to our definitions in the city code, cannabis retailer is defined as any person, partnership, firm, corporation or association, foreign or domestic,

selling cannabis product to a consumer and not for the purpose of resale in any form according to Minnesota Statutes Chapter 342. Since cannabis is highly regulated by the state, this application is to review the use and to evaluate the location. Rootkind Holdings LLC has a purchase agreement for the property and has general plans to create this into a multi-tenant cannabis facility in which this will include a cannabis retailer and then all their cannabis businesses such as cannabis micro businesses. We did talk to our attorney about whether we could do a blanket cup to allow other cannabis users instead of doing it separately, but after his instruction, um it's it's recommended to do them separately because OCM reviews each application individually. So, it would be easier to do them individually than have it as a blanket cup. Um much of the history is much like I explained in our previous conditional use um cannabis permit that we've reviewed at the last public hearing meeting. Um this is going to be much of a recap of the background and history of cannabis. Um but the actual meat of the presentation will be at the next slide where we'll actually talk about the conditional use permit. So, in 2023, Minnesota legislation passed uh state statute 342 and amended it in 2024 to allow adult cannabis and created the Office of Cannabis Management, also known as OCM, which governs, licenses uh cannabis enforcement in the state of Minnesota. Cities were then given an opportunity to create ordinances to regulate um compliance, caps, zoning um and dictate time, place, and manner. It was from city council's opinion um in 2024 in which they and gave city staff direction not to initiate any caps or buffers. So there' be no buffers from schools, daycarees or parks. Um this was seen that it was very similar to liquor stores or other retail businesses within

the city. Therefore, we created ordinance number 169 or adopted ordinance number 1619, which is now known as city code 10-7-53 in which it is a city code section that discusses uh the definitions for various cannabis type businesses and discusses uses in which u discusses permitted, conditional, and prohibited uses for different cannabis businesses within different districts. Uh this specific request is a cannabis retailer which is a conditional use permit within the GIH district. Uh Prairie Wind Herb Company LLC received notification in May and June of 2025 for preliminary approval. They have 18 months to secure their location and complete all state requirements. This specific property [cough] has several cups [clears throat] um much of which are related to open sales, storage of new and used motor vehicles, sale of building materials and furniture sales with um furniture sales with showroom. Um I should mention that CU CUPs become void after the discontinued use of more than six months. Um specifically for this application, the applicant is require or requesting to occupy the eastern tenant space which is about 4530 square feet of space. Um they would have a secure reception area uh restricted access to product storage, inventory control system and staff staff training. [clears throat] They intend to have about five to six employees on site and be open from Monday to Sunday. And they did submit odor suppression plans which you can see in your staff report. Um they are going to be using clean leaf air filtration system which was specifically designed for cannabis cultivation in mind to eliminate odors. Um that is a high-capacity activated carbon filtration unit to eliminate odors. Uh in the project narrative they also discussed that they will be having demising walls. Um this is to have

separate tenant spaces and this is a requirement by OCM that all cannabis businesses must be legally legally separate and distinct. So they must have their own addresses and leases. Um there according to OCM there may there is allowed to be multiple cannabis tenants within a s single building as long as the perimeter of the premise is secured with video surveillance, key card access and electronic locks. Um this is a slide that shows the on the left hand side is the location of where the tenant will be residing in. It's shown in this uh shaded green section and here is where they would be residing in. And then the righth hand image is a site survey of the property that shows the general outline of the building and shows as well as the front parking lot. Speaking of parking lots, uh the parking standards are found in city code 10726. Um Chill Water cannabis shop will be occupying 4530 ft. um we calculate uh the minimum parking stalls based on the use of this of the of the space and we would consider this a general commercial use. So this would be calculated by five stalls per 1,000 square ft and then we would subtract about 25% for spaces such as restrooms and hallways and then we would add a requirement of one stall per each fleet vehicle on site. The applicant did mention that they would have at least one fleet vehicle on site. So with all that information taken into account, they would need a minimum of 18 uh parking stalls for this um applicant. Based on the submitted plans, there are 37 parking stalls with two additional flight vehicle parking stalls added for a total of 39 parking stalls on the site. Therefore, it is meeting the minimum parking lot requirements. Um the remaining tenant spaces would be about 28,954

square feet. Depending on the uses of the remainder of the building, that minimum parking requirement can change, but we are going to review that for each time we receive a conditional use permit. Um that is submitted to us. Um specifically for this district, um for microannabis businesses and cannabis retailers, um they would all require a conditional use permit within this district. So, we've heard interest that most of the users that will be coming in will be micro businesses. So, that would require a conditional use permit for each of those applicants or tenants within that building. Um, so we will evaluate parking for each tenant that comes into this facility um through the same process and review. Um, there's a likelihood that parking may become insufficient in the future, but at this time that is not an issue and we don't anticipate that being an issue for the first user or two. Um if parking does become an issue, there's uh different routes we can do to address that issue. Um for instance, we could install they could install the required number of parking stalls, have proof of parking, or do a cross-sectional agreement [clears throat] with adjacent property owners. And then the applicant also did submit a dumpster plan which was found in the staff report as well. They indicated the location of those dumpsters in the red X X locations. And of those three dumpsters, the far eastern dumpster would not meet our screening requirements because it is visible [cough] from Frontage Road north. Um there are different options to address this to meet our city code requirement. Um one of which is to have it so that all private trash and recyclable material are screened on all three sides where you can put it within the accessory structure or within the principal structure. And then lastly, it could be moved or relocated to behind the principal structure so it is out of public view. Based on the conversations we've had with the applicant, they were interested in the third option of having it located behind the principal

structure so it's not visible from the frontage. And staff has indicated that to them as well and told them some locations that would be more that would satisi satisfy the city code requirement such as putting it to the rear of the building or further north on the property. Some planning considerations. The proposal is a use request since it is much regulated by the state. The project meets the findings for approval of CUP. The proposal meets the intent of the zoning ordinance and the comprehensive plan and meets the Burnsville ordinance number 1619, which is city code 10-7-53. With that, staff recommends that the planning commission recommend to the city council the approval [clears throat] of a CUP to allow a cannabis retailer at 3200 Highway 13 West subject to the 10 conditions of approval. The project shall be completed in accordance with the submitted plans and as amended by the conditions of approval. Any significant changes to the plans as determined by the planning staff shall require review and approve approval by the planning commission and city council. Conditional use permit approval shall expire one year from the date of the city council approval unless a building permit has been requested or a time extension has been granted by the city council. The city council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. The applicant shall complete pre-licens inspections and other necessary steps with the state of Minnesota's Office of Cannabis Management to obtain fully issued cannabis business license. Prior to the issuance of a building permit and local zoning approval, the tenant space must assign a new address to reflect the suite addition. Notification of this change shall first be made to the city, then the US Postal Service, and then county GIS department. The conditional use permit approval is contingent upon submitt of proof of valid preliminary and final license from the Minnesota Office of Cannabis Cannabis Management prior to operation. The business shall maintain all required

state licenses throughout the life of the conditional use permit. All retail activities shall be fully contained within a principal structure. No outdoor activities or storage is permitted. Failure of the business to operate in compliance with Minnesota statutes and rules governing cannabis micro businesses shall be grounds for termination of the conditional use permit. The business shall implement odor suppression measure measures including not limited limited to HVAC filtration or carbon scrubbers to prevent detectable odors beyond the property line. Security measures shall be installed and maintained consistent with OCM requirements and city code, including controlled access, exterior lighting, and surveillance cameras. With that, I will go back to the recommendation, and I will stand for any questions the planning commission may have.

Thank you, Miss Chapman. All right, commissioners. Do you have any questions for her? Uh, just to clarify a little bit. So, from the parking standpoint, um you'd mentioned the first two-ish tenants would be fine. When you get to the third one, we'd have to have obviously a discussion if it's enough or not, or we have to have additional conversations about it. Who pays for that at that point? Is that how does that fit within this? And who's I should say who's responsible for that?

Yeah. So, um, from my understanding that would be the [clears throat] property owner's responsibility to facilitate that and we would talk with them first to kind of discuss which route they would like to do, whether that's proof of parking or installing the stalls and we would talk through that and work with them through that. Okay. Initially, you guys assume it's there is a workaround to it. It's not going to be a surprise. Yeah, we've made that upfront to them beforehand, too. We we specifically contacted the property owner and let them know that beforehand. At first that was a concern but after we provided those options that put them more at ease. Okay. All right. Thank you. Yeah. Hamilton.

So [clears throat] the space is going to be divided into multiple units. Correct. Correct. Yeah. Okay. Is that separate ownership? So it would be it would be owned by one business owner, one facility, but then each tenant space would lease that portion of that tenant space. Okay. So are there separate entrances for each space? Yeah, so they have demising walls. So they cannot go from one facility or one tenant space into the next. So there I've seen the plans as well that they are filling in the wall spaces that currently would connect them. So each tenant space is separate. They do not connect and they have their own entrance and exit.

But we're not talking separate ownership for each space. Correct. One one owner. It's one owner and then it's just leased for the individual tenants. Okay. So, just to clarify, so each individual tenant does that need to go through the same protocols to make sure that they their space is up to code and regulation. Yeah, it's up the app or the tenants that are going in. It's their responsibility to meet OCM's requirements. Um, so they're responsible for meeting state and local ordinance requirements. Does that come before us again or not?

So all the tenants that are going to be coming in will all require conditional use permits. So for each one that comes in, it will go through the same process where it's presented to you and we discuss it and we have the staff reports. So we all it will always be evaluated for this property. Commissioner Anderson, I if I remember reading correctly, the northeast corner of the property is full of trash, you might call it. Are they going to be required to clean that up?

Uh, I believe so. That would be something that they that is a city code requirement for maintaining the property. Um, I don't know the exact code section, but they still have to meet city code requirements. One other question. Is the HVAC for the entire building or is it for each individual tenant? So the HVAC specifically for this application is for that tenant space. So as more tenants come in, they will likely have their own HVAC systems.

Any more questions for staff? This isn't necessarily specific to this particular business. But it deals with the signage ordinance. We used to see it with the car dealerships where they put the huge inflatables outside. I see under the conditional use permit that outdoor activity um is limited. And I mentioned this because I recently drove past one that had the large inflatable U Leaf out front. Are they does the CUP limit that or does the signage ordinance limit that or can they put huge inflatables out front to get the attenters of the drivers and 13? I'm not sure about that specific [clears throat] question. I might turn that to staff.

That is a a very good question, Commissioner. Um, it's my understanding OMC will not allow that. So, I'm guessing what you witness is a violation because it can they cannot have attention getting per state statute. So, our code does allow for inflatables and stuff like that, but I'm pretty sure within this the OMC's language for these uses, they cannot use attention gated devices such as an inflatable like that or use that symbol. So, that would be a violation if it was in Burnsville. Be happy to curious. No, it's not in Burnsville. Okay. No, it's about 150 miles north. Okay. Um, yeah, I'm pretty sure there's something in state statute that says that because there is some parts within the statute that talks about signage

and that's something we talked about our attorney with because it's kind of a first amendment question. So, thank you. What security measures do they have to have in place? I don't know the exact requirements, but it's something along the lines that they have like some sort of key card to access the facility. Um, and I think like they have electronic locks like a automatic locking system. Um, I don't know them offhand, but they are specific things that OCM would require as opposed to steady requirements.

To add on to that too, they're required to have um surveillance on site 247 and to keep back rolls of all that information as well. So, backlogs I should say, excuse me. Any more questions? All right. Um, at this time and prior to the public hearing, I can invite the applicant up if they would like to speak prior to the hearing or if they're in the room or on Zoom. You could come say hello. You can state your name and address just for the record. Yeah, my name is Megan Solar. I'm store manager um for that location and I don't have anything else to add. You guys kind of covered it all.

Cool. Um go ahead,

I have just a couple questions just because we went through this a couple weeks ago. As far as IDing customers, at what point of contact do you ID the customers? Is it as they enter or not until they're making a purchase? Um, I believe the vestibial when you walk in is kind of like a public space where people can walk in, but it's going to be closed off. They can't get past and there will be that locked door. Um, that requires access to get into the shop itself. Um, so they would come into our entryway. We would have someone there at all times um, manning that desk. Um, that's when we would take the ID, we scan it through our system, and it would let us know. We would also inspect the ID and then if they're okay to go through, then we would let them into the shop. Um, no one can get access unless we give it to them. Okay.

Second question, do you do anything to secure your products after hours? Yes, it goes into what we call the vault. Um, so all of our products, even during the day, stay locked up. Um, and then I believe that is monitored through OCM of who's going into the vault and all that. Um, so those stay contained into a room. Thank you. Commissioner Hamilton, what types of products are you going to be selling um,

specifically? right now specifically it'd be the categories of vapes um flour your pre pre-rolls or the flour in a bag. Um hopefully we can get balms um for people that are in pain and all that. Um that's all that we're looking at right now. Um I don't think we'd have to look into concentrates if we're allowed to get them, but I don't think there's a lot that we can do with that. I have a question. Um, is there any waste that would ever be produced and what is the plan for any waste product?

Yeah, I would say when something gets recalled or needs to be destroyed, um, from reading through everything, um, we would have to destroy that and make sure that it gets destroyed properly. Um, I would have to go through the plans of what that is. I know in other places they mix it with cat litter and then they dispose of it that way. Um, we would definitely have a plan in place though when that comes. I believe that's even required for the SOPs for OCM and we would follow that correctly. Any other questions before I open the public hearing? Commissioner Hamilton, so to clarify, you haven't purchased the property at this point.

Um, the owner owns the property, I believe. Um, he is the owner of the property and then we're taking over one space and then he's going to lease out those other spots. Um, so we won't be part of the other businesses. We're just chill water, the dispensary, and then the other spots are going to get So you you have one slice of it, and then the owner of the property is going to subdivide it. Yes. Yes. He's going to lease those out to other businesses that'll be separate from us.

Got it. to add on to the commissioner does add on there. It's our understanding that all businesses within this building will be cannabis related and per we had a conversation with our attorney and OMC each one will be required to have a conditional use permit. So we actively have one application and right now just came in for cultivation use requires again additional use permit and there'll be separate entrances correct for each. Yep. And separate HVAC units and everything because of the odors and different requirements. So you guys will see potentially up to four applications on the site including the one before us tonight and they won't be connected to us in any way. They'll be completely separate from our business. Yep.

Commissioner, more of a curiosity question. If you put four liquor stores in one building and they're competing against one another, what will be the advantage of having so many businesses related to cannabis in one building? Is I'm just concerned about the number of applications we're going to get and whether Burnsville is going to get are we getting more than other cities and are we going to have it's it's like a cannabis mall almost? I I I don't understand.

Um I could answer if you like. So, in our conversations to the applicant, each one will play a different um role in the cannabis industry. There'll be a retail one. Then there's going to be a micro business. Then the micro business is more of your um where they can grow, sell, and um produce on site. You know, they can do all all of it. And then we'll have one that's purely growing. That's the one we currently are just got in that's just purely growing. They're going to sell to other places. They have the retail one and I believe there's another micro business that was interested or and then potentially like an event center kind of a thing. So, it's kind of a sure each one plays a role. Okay. Thank you.

All right. Any other questions? Otherwise, I'm going to open the public hearing.

All right. Um at this time, I am going to open the public hearing at 6:55 p.m. Anyone wishing to speak to this agenda topic can approach the podium. or if we have someone online. Nobody. All right, I'll give it a minute and I will close the public hearing at 6:56 p.m. All right, commissioners, I'm going to turn it over to you for any discussion or a motion.

Questions? Commissioner Yamilton, has the city had direct conversations with the owner of the property itself? Okay. Yep. We've had conversations. I believe that is the they are doing this application on behalf. It's um what was the name of the I'm not

Ripkind Holdings LLC. they would be the property owner and then there'll be leasees along the way such as the one in front of us tonight. So you'll probably see this applica the property owner's name on multiple applications and they have not purchased the property yet. They're in the process of doing so. I don't know if they've done it already but they last time I know but they're close to closing.

Yeah. Last time I heard from them it was they had a purchase agreement in place but they had not purchased it yet. Another question regarding the property itself. Besides the subdivision of the space, are there other modifications like with windows and such that are going to have to take place?

Um, at this time they were not proposing to make any storefront improvements. Uh, they did talk about it that would go through a building permit process as required. Um there was talk about some there's a giant tree out front box I don't know what I think it's a box elder it's huge cottonwood that they were talking about removing and then they would just reutilize the sign out front. So otherwise they would that's the only improvements they're proposing at this time. A lot of it depends on the tenant buildouts themselves as each tenant has their own they have to meet the OMC standards. So they'll have to make different improvements as part of their applications. Any [clears throat] discussion with commissioners? Commissioner Anderson.

Um, I'll move that we recommend to the city council the approval of the CUP to allow cannabis retailer at 3200 Highway 13 West subject to the 10 conditions of approval. All right, we have a motion on the table. Any other discussion or can I get a second? I'll second it. Commissioner Low. All those in favor of the motion in front of us say I. I. Any oppose say nay. Nay.

All right. The motion carries. [clears throat] And that will be on the agenda for the city council meeting on February 17th. For the record, can we get a um reason for the scent vote? I I guess I have there's too many unknowns regarding the building itself and the unknowns regarding the subdivisions of it and that you know and commissioner brought up of having that much in that space you know all these separate cannabis businesses you know I see it as some potential issues Thank you.

Can I add to that to his because I was close to a descent also. My concerns are going to be when you look at the categories that a a retailer must or a business must meet for the cups. I think there's a couple in there relating to the community that I will question as this moves forward and they continue to grow out four businesses in one building. Um, I I I have some concerns about that and whether it's it's going to continue to meet the standards of the CUP. So,

all right. Our next public hearing of the evening [clears throat] is the application of Clear Channel Outdoor, Inc. for a preliminary and final plat at the corner of Sibi Street and Highway 13, Frontage Road. also being presented by Miss Chapman. Take it away. Thank you chair for that introduction. So the subject property can be seen on the lefth hand side which is an aerial image of the property. Um directly there are two properties adjacent and touching the property. Um it is a corner lot and is directly at the corner of Sibly Street and frontage road south. The righth hand picture is a zoning image of the subject site and surrounding properties. Uh the subject site and uh properties directly to the west and east are zoned B4 highway commercial district and are guided as B US business retail office in the 2040 comprehensive plan. And directly south is uh property zoned R3B highdensity residential um and guided as HDR highdensity residential. The existing property is meets and bounds and is currently unplatted. Um the existing site currently has a static billboard. Um and this specific uh preliminary and final plat is considered an abbreviated plat which is further discussed and clarified in city code section 11-2-2. Um abbreviated plat are basically when you have six lots that have adequate utilities on site. Um this allows it to bypass the planning commission and go to city council directly for public hearing. Um we talked about the specific application of whether this should be discussed um at the city council or planning commission and um although it can bypass the planning commission staff decided to have this uh the public hearing held tonight. Um this would

neither expedite the process or further delay it. Um this is just simply shifting the public hearing to tonight rather than the city council meeting. Um I would also like to mention that in 2023 the city council work session uh city council directed staff to change the policy to allow all existing billboards to re remain. Conditions requiring billboard removal would no longer be enforced. City staff informed property owners of this and the policy change required staff to amend the sign code uh to allow existing billboards to remain. Uh, Clear Channel Outdoor Incorporated is requesting approval for a preliminary final plat. Um, their intention for the property is to replace their static billboard so that they can um create a new dynamic display billboard. Um, but in order to to do that, they first need to have they first need to plat the property. Um once the property is platted um the applicant would then submit a building permit um to to replace it with a dynamic display billboard. Um so in other words uh a dynamic display billboard is a permitted use since it is um adjacent to an arterial roadway and a interstate freeway roadway. Um so in other words a building permit would be needed and is reviewed administratively. would not be reviewed by planning commission or city council. Um that is just something that they would submit and staff would review. So for general information on the plat, the plat is just creating a single lot. It would be lot one block one clear channel plat. It would be for a single lot which is 47,117 square feet and it will have a 10-ft drainage and utility easement on all sides. The submitted preliminary final plat meets all the zoning ordinance requirements. And here's just a screenshot of that final plat which can also be found in

the staff report. Um it shows you the general boundary of that lot as well as the easement or the 10-ft easement that's going to be on the property and adjacent to uh two right ofways which is state highway uh 13 and then simply street. The proposal meets the intent of the zoning ordinance and comprehensive plan. [clears throat] The platting the platting of the property will allow the property to be built. Billboards are permitted in the I1 and I2 districts and properties adjacent to arterial and interstate freeway roadways. Staff recommends that the planning commission recommend to the city council the approval of the preliminary final plat of clear channel plat subject to the three conditions of approval. The final plat shall be filed at Dakota County and written receipt of the filing shall be provided to the city prior to the building permit issuance for any new construction on the proposed lot. The preliminary and final plat approval shall expire one year after city council approvals unless the final plat has been recorded with the Dakota County Recorders Office or the city council approves an extension. Uh development fees shall be paid prior to the city releasing the signed plat myar to the applicant for recording at Dakota County. With that, I will go back to the recommendation. I'm happy to move through the slides and answer any questions the planning commission may have.

Thank you very much. All right, Commissioner Low. Uh can you give a little background of what was driving the 2023 policy change? I'm not familiar with so much background, so I will turn that to staff for more information. [clears throat]

Yes. Uh, good question, Commissioner. So, back in 2023, there was a lot of discussion with the council um about um a lot of the billboards were coming up to their um are expiring and uh under code at the time, all billboards had to go at that time. Um once become their conditional use permits or their approvals ran out, they need to be removed. However, council changed direction at that time and decided there's about seven of them that can remain. They're predominantly located without the community and they can be upgraded to digital display and this is one of the seven that can stay. Um, we've notified all the applicants. We did a conditional use permit last year, amended PUD for the one at Burnsville Marketplace and other and there's a couple other ones. We're currently working with the applicants on this process. So, this is just one of them. They're all owned by different companies,

different entities. I'm sorry. So, why is it here then? Remind me again. Why? Yeah. Why hold the public hearing for this then? Oh, generally they can go straight to council. However, we thought it would be a better opportunity to bring it before the planning commission as this board does see a lot of plats and stuff like that to kind of just give an opportunity to hold the public hearing here instead of at the council meeting. So, it's just something we're going to probably look at doing as part of the zoning code update, actually subdivision code update. Okay. instead of streamline going right to council which you can but it really doesn't change much in the process. It's still the same timeline. Sure. So that's the smootherest body sees a lot of plats. They're familiar with them. So we thought it'd be better to bring it here. Okay. Thank you.

Commissioner Anderson. Um maybe you can answer Mike, maybe you can Kyra, but the when the billboard becomes a dynamic billboard, where does it the approval for the how it's aimed for lighting and stuff like that have to come up?

Yeah. So, when they submit a building permit, we will review their plans. Um we have specific city code requirements on lighting standards and how often that the message can change. Um, and I I know I spoke with the applicant as well, but um, in general about the orientation of the the billboard itself, currently it's considered legal non-conforming in terms of the setbacks. And that if they wanted to um, still, you know, have those same setbacks as currently today, they could still do that, but it would have to have the same exact footprint and size of this current sign. So, if they were to, let's say, change the overall footprint of that sign or that billboard, it would have to meet current requirements or current setbacks um for that district. Any other questions for staff? [snorts] Okay. Uh at this time, I can invite the applicant up to the podium to say hello and answer questions. Hello,

certainly. Good evening. [clears throat] Sorry. Good evening, chair planning commission. My name is Matthew Wild with Clear Town or Can you see your address as well? The applicant, we office out of Minneapolis at 3225 Spring Street Northeast.

Um, and we currently operate two other uh locations in Burnsville on uh Highway 35. Uh, where we have dynamic sands. Uh, I think we did those probably 2008. It's been a long time. Uh, certainly want to start by thanking your city staff. Cara's been really helpful to the process. did a very thorough job and certainly agree with her recommendations. Uh but we look forward to uh investing in upgrading this location in your city as well. Um you know, hopefully you notice our signs, that's why they're there. But part of the part of the partnership we have with the city is we do provide um city messaging on those signs as well. And your city does a great job utilizing that with the kind of messaging they have. Um but with that, this is just the first part of the process. We got to get the platting done, but we are actively investigating [clears throat] and and hoping to upgrade these signs at some time in the future. Uh, one of the things I'm doing as part of my investigation is there's a meeting tomorrow night on Highway 13. I wasn't aware about there's some pretty extensive stuff going on there. So, we need to uh I understand more fairly before we make a big investment in this location, but that stuff we'll continue to work with you guys on. But certainly appreciate working in your city. Thank you. Commissioners, do you have any questions for the applicant? Commissioner Anderson,

are there any um plans to develop the lot itself beyond the billboard?

Uh, excellent question, Commissioner. We we do get periodically we've gotten requests for that. Um, our priorities, we're a billboard company, so we're focused on this first, but uh potentially in the future, um, we'd look at not ourselves, but we may subdivide. We'd have to come back before you again and subdivide it further. Um, but as long as it didn't interfere with our operation of the board, um, yeah, we've had a number of of different people come to us and ask for opportunities to look at it. So, possibly in the future, but as a billboard company, our our first goal is to operate our operate our sign, but if it fits on the property and works with that, we have many obviously locations where we work with landlords. We're pretty easy tenant. We can, you know, be in a parking lot. So, we'll see what the future looks like. Commissioner All right. If no more questions, then I will go ahead and open the public hearing.

Thank you. I am opening the hearing at 7:11 p.m. Anyone who wishes to speak can approach the podium or anyone on Zoom. No one on Zoom. Seeing nobody in the chamber. All right. I will close the public hearing at 7:11 p.m. as well. Turning it over to you, commissioners. Do you want [clears throat] to discuss anything or does anyone have a motion? I have a question. Hamilton, [clears throat] will future highway 13 construction affect this at all?

That is an excellent question. You know, [clears throat] I did not think about that till I until the applicant brought that up. So, I don't know if it ne necessarily impacts their site, but there will be changes to that area is my understanding. Um, that is a good catch from the All right. So, is there in the regs a distance that a billboard must be from a highway?

There is some setback standards. However, since it's a currently a legal non-conforming use, um they could update the sign as it is where it's currently located. That's what they're proposing. They're not proposing they're going to pretty much take the sign down that's there and replace it with digital. So, there's nothing like that. There is some stuff in code about um um setbacks from uh adjacent communities. However, again, it's a legal non-conforming sign. Um so, and that's I think that code section is kind of outdated to be honest. Um, but there isn't right now. No. Thank you.

But it's interesting. That's a good thing I would pay attention to. I think that's something we didn't think about, but at this time, we're just looking at the planning process, not the actual signage, the application itself. Any other questions? Anyone want to make a motion? I make a motion. I make a motion that we recommend to the city council the approval of the preliminary and final plot of clear channel plot subject to the three conditions of approval. We have a motion. Can I get a second? Second. All those in favor say I. I. Any oppose say nay.

Motion carries. That will also be on the city council agenda [clears throat] for the February 17th meeting. Next topic tonight is the zoning code reorganization and update session two being presented by Mr. Morosula, our planning manager.

All right, session two is my clever name. Um, unlike the title for this district that I changed after I sent out the packet or it just changed now. Um, so make sure this is the right presentation here. I'm just making sure. Um, all right. This is the right one. All right. Again, the goals of this amendment or update to the code is to focus on improving organization and consolidation, enhance usability, modernize and plain language updates, and updates to bring code into compliance with current laws. So, one thing I didn't talk about last time is how the code is set up numbering wise. So, here's kind of an example. So, all the zoning is in title 10. Um, today [clears throat] we're going to be talking specifically about chapter 8, which is always the second number. Article is the third number. Um, so tonight we're going to be talking about articles 1, 2, 3, and four. And then there's the section numbers, and there's a subsection. Um, this is important because there's one modification as part of one of these updates that is a subsection. All that. Now, with these ones before you tonight, you'll there was a lot of red lines to the parks chapter and then one to the flood plane. uh was required as part part of a previous project, but we really did not do a lot of amendments to um these chapters for numerous reasons. One is the envir environmental overlay district's a very complex um zoning code and that's something we'll take a closer look at when we do a major overhaul big lift after the comprehensive plan is done. That is a section of the code that will probably be impacted by the comprehensive plan and DN and the DNR needs to be involved. There's a bunch of criteria in there. So that's all we did to that section is redid the numbering and I'll get to that's the next slide. Uh same with flood plane very regulated section of code chapter of code should say by the DNR we didn't touch much

except for the required um stuff we had to do as part of this other project which I'll talk about here in a second. parks district. There is a lot that changed there. Um that's to make it simpler. There's a lot of uses listed. So we simplified those. Cure did an excellent job. Um find two terms that kind of summarize all the uses listed. And then there's the conservator. [clears throat] I struggle this word every time. Conservant district. I think I'm saying it right, but it's one one of like vocabulary words. Um we didn't do much there either. just to re numbering. So again, these ones here, most of the updates involved reumbering, recodification within the [clears throat] chapters. Again, 1081 environmental overlook and that's going to call the CD district. So I don't you guys don't have to watch us struggle up here. Again, that one was just we just reumbered them. We didn't do any text updates. Now, the first one here where we did have to do a text update was to a subsection. A project that was approved in 2002 called the Twin Lake Town Home Development or 2022, excuse me. Um, required a LOMAR, which is a letter of map amendment. So, the area was prone to flooding previously until this development came in. And so, when that happens, uh, if you amend any kind of flood flood maps or anything like that, you have to get FEMA approval and they update the flood maps. So, this project did require it. It took three years to get approved. Um we got notification on September 2nd, 2025 that the LMAR was approved. Uh once that gets approved, we are required to update the zoning code, official zoning map and um as part of that and then FEMA will update their map which will be on the next slide here. Again, a LOMAR is a letter of map amendment. It's an official FEMA determination that updates flood plate maps as it is needed to

reflect changes in flood risk, flood insurance mainly uh new data development and uh mitigation projects. So on the screen here is the project um area here. Um the project is right here that triggered the LMARS, these town houses here on to the north of South Cross Drive. Um and then on um Grand Avenue behind these apartments here, you can see the new It's really now that I wrote on it. Let me get that off of here. The area was prone to flooding and now the development here that pushed it back in the new flood maps here. And the most important part here for our city code update is this language right here that states that the Lomar was approved on this date. So within the code within your packets, that was the only section that was updated as part of that flood plane was literally to say that this project number and that date were in there. So it's now included within the official zoning regulation ordinance, flood plane regulation ordinance. That's the only thing there required by law. And then uh proposed amendments to 1083, which is the parks district. as I previously talked about, we did clean that up a lot. Currently, there is a ton of uses in there that range from [clears throat] that. Uh there's bolt landings, there's play equipment, picnic shelters, picnic area, you name it. So, um cur did some research on this and then found um two uses that very that collect all the uses into two definitions very well. And I'm going to read them. So the first one is an active outdoor recreation facilities and the new definition was included in your packet will read active outdoor recreational facilities means areas and

facilities designed for organized or informal outdoor physical activities including but not limited to athletic fields, sports courts, playgrounds, skate parks, trails, summer improvements intended for active recreation. So that captures a lot of the uses that are pres currently listed in the ordinance. Then the second one is passive recreation and open space which means uses of land primarily intended for preservation of open space and natural resources for low inensity recreational activities that do not require substantial structures or facilities. Such uses may include walking and nature trails, picnic gardens, natural areas, wildlife's observations areas and similar activities and shall not include organized athletic events, commercial recreation or activities that are material uh that may alter the natural character of the site. These two definitions will be included in the definitions chapters once we get there. Um I have a whole list of them that we'll be cleaning up. We'll bring that to you at a future meeting. But those two uses or definitions collect a lot of the uses that were currently listed in there. And then again too, we have another one. There's other recreational uses or facilities that consists that are consistent with the intent of the park district. Another catchall [snorts] instead of having to list all these different uses. Otherwise, [clears throat] the chapter itself remains the same. No substantive changes. We just really want to try to reduce the number of definitions. what you'll see happen when we take a look at the part um the business or commercial districts and the industrial a lot of uses lot of listing trying to simplify those into um simpler definitions and le and less so that's it for tonight very simple very quick um so on February 9th u we'll have the business industrial and specialized zoning provisions um and then we'll have a final review on

the 23rd um we'll have administrative general standards at that time. Again, we're not trying to do substantive changes. We're just trying to reorganize to simpl simplify the use of the code so it's easier for staff, the commissioners, the public, and customers to use. With that, I stand for any questions. I just wanted to say thank you. When when the packet came out and I saw 74 pages, I panicked, but [clears throat] thank you for making it so clear and easy for us to understand.

Yeah, after the last presentation, I realized I needed to do something different. And also I should point out um we did change the name. I did change the name. Uh right now it is currently named special overlay districts. Um I don't think that captures it well. So I'm we're proposing now to kind of change it to environmental overlays and special districts. Environmental and flood plane are kind of over they are overlay districts. And then parks and the my favorite one we'll call it CD district are um districts. So I thought that name captures a lot better than what was proposed in your packets. So, but uh my goal here is to make it very simple because if you look at those red line documents, there's something else. And once I get done doing that, um kind of need a as my staff as the staff will say, Mike's looking at code today. So, yeah,

thank you very much. So, the twin [clears throat] the twin legs finally got in our code after it was built. Yeah, took a little while. [snorts] No questions. It looks good. Thank you. Thank you. I did like the terms. I noticed those as well. Good find. Thank you. All right. The last or excuse me, second to last is updates on our agenda. Um, any updates from commissioners?

Updates from staff?

Yes. At the last council meeting, which I believe was on the guess I get my notes back up here last week on the 20th um Costco project for the fuel station relocation was approved. Um, so that they will be moving forward with their project. Um staff's currently working on the development agreement. They won't be doing anything until that development agreement is approved by council at a future meeting. Um but they're hoping to break ground later this spring. So we're um working that development agreement. The development agreement goes right to council, but will include the public improvements in there, which is the stop light at 140th and Burn Haven. [snorts] Um with that, that's the only project that was approved at the last meeting. That's it.

All right. If nothing else, I will entertain a motion to adjurnn. So move. Second. All those in favor say I. I. I. Oppose. Say nay. All right. And that's a wrap.