Planning Commission - Regular Meeting

All right. Good evening, everyone. I am calling the Monday, February 23rd, 2026 Planning Commission meeting to order at 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/ GV/MEings or view us on Comcast channel 16 or 859. The public can also join us on Zoom by going to zoom. us/join. More information is available on our meetings web page and in the agenda. Our first agenda topic tonight is the adoption of the agenda. Commissioners, have we had an opportunity to look and can I get a motion? Excuse me. Thank you.

So moved. Second. All right. All those in favor say I. I. I. Oppos say nay. All right. Moving on. Our second agenda topic tonight is approval of the minutes from our February, not 23rd. Our last meeting. Yes. The the 9th. The 9th. 2026. Has anyone read those minutes from our prior meeting? And can I get a motion? Motion to accept the minutes. Perfect. Second. All those in favor say I. I.

Those opposed. All right. Cruising along. Our next agenda topic is the public hearing application of Carba Incorporated for a conditional use permit to allow five kils and allow storage of materials and equipment in the flood fringe at 1020 Cliff Road West. Thank you, chair, for that introduction. Today I'm going to ch talk briefly about Carbon Incorporated's uh conditional use permit request and specifically it's to allow up to five kils and allow the storage of materials and equipment in the flood fringe at 1020 Cliff Road West. This uh slide shows two images. The lefth hand image is an aerial image of the subject site and the right hand is a zoning map. The lefth hand image is a zoomed in picture of Kramer Mining and Materials uh subject site, excuse me, subject site in their northeastern property. In the red circled area is specifically where Carba Incorporated would be located. Um to access this specific part of their property, you would have to use um Embassy Road or Cliff Road West and then follow their internal gravel driveways to get to the subject site. The right-hand image, as mentioned earlier, is a zoning map. The subject property and properties to the north and west um are all owned by Kramer and are in this lighter shade of blue color that indicates that it is zoned I2GW, General Industry Gateway District. And properties directly to the east and south are in this darker shade of blue. And that is to indicate that these properties are zoned GIMGW gateway industrial medium gateway district. All these properties are guided as MRQ Minnesota River quadrant

in the 2040 comprehensive plan. And directly east of the subject property is I or interstate 35W. Carba is a biochar produ production business and um they intend to create biochar which is also known as charcoal and their general plans is that they currently have a contract with Burnsville sanitary landfill and they intend to provide their product weekly to Burnsville sanitary landfill and that is to bury the charcoal in the landfill which that reduces odors um sequesters carbon and oxidizes methane. Um specifically this proposal is for two conditional use permit requests. The first one is to allow a total of five kils on the site. Um the subject property is guided as I2 uh district and within that district kils require conditional use permits. Carba currently has a year-to-year lease with Kramer and intends to stay at the site uh at least up to five years or at least five years. Um, in their initial phase, they tend to have one kil on site for the production of their facility. In the future, they intend to add more kils on site to a maximum of five kils. Um, right now, they're asking for the conditional use permit up to a maximum of five rather than asking for one and then in the future asking for another conditional use permit for the additional kils. The second conditional use permit request is to allow the storage of materials and equipment in the flood fringe. According to the 2011 FEMA map, which is the current FEMA map for the property, it identifies the site as a flood fringe. Staff asked the uh the applicant to provide a subject a site survey of the property. Um even though it showed that it is above the 100-year flood elevation, staff reviews the FEMA current maps. Um, FEMA maps are the legally

are legally identified areas for flood flood planes and that is what staff do when we look at our reviews and look at these conditional use permits. Um, and so therefore the applicant is requesting to allow the storage of materials and equipment in the flood fringe. These materials would include um biochar produ production facility equipment such as um a rotary dryer, uh the kils, uh walking floor, trailer, um and other materials related to their business. Um this was originally going to be presented at tonight's meeting. Um but after further review, um we did send this to other peritting agencies such as the Minnesota Department of Natural Resources in Lower Minnesota River Watershed District. um we are waiting to hear more back from them um to provide comment and review on the on the specific project proposal. Um and by moving this to the March 9th meeting, we're hoping that we'll get more feedback from them so that we can include that in the staff report for the next meeting. As a result, staff recommends the planning commission open the public hearing and continue the item to the March 9th, 2026 planning commission meeting.

Beautiful. All right. Um, with that, do we ask questions of staff first? Any questions? Think

I have a question. Um, as I was reading this, is there a pollution aspect of this with um pollutants ending up in the air from the kils and ended up in the river? So, we we've been in close conversation with Karba and we've had discussions with other department heads as well. Um, and we've kind of talked through all of this as well and they told us that they Karba before they even spoke to us, they talked to the MPCA um, specifically about their project and they said that they were below the MPCA's thresholds. So, they're asking for it was like a applicable determination report. I can't remember exactly what it was, but it's a specific report. um that just states, you know, that they're below the limits and that they're meeting like specifically what is being permitted permitting through either local or federal requirements. Um and that's not something that is required of them. This is just something they're asking out of their due diligence. Um and we do discuss that more in the report. I have already drafted the next report that addresses more of those um environmental concerns. But from a staff perspective at the moment, um, we address that mostly through our conditions, but we don't have any outstanding concerns regarding this project.

All right. Beautiful question. Are there any buildings going to be on the site or just the kils outside in the dryer? So, it's just going to be outdoor equipment. There's no structures. Um specifically what they're going to be having would be um they would have one kiln for this initial phase and then they would have a walking floor trailer, rotary dryer and stacking conveyor. They might have some other related materials but those are the main pieces pieces of equipment that will be at the site. Commissioner, how are the kils fired? Is it gas natural gas or

Yeah. So, it's first put into the dryer and I think that's first used in propane. I think that was what it was. And then as it's circulating through the dryer, um, it uses the alcohols of the wood alcohols within it and it recirculates that into the kiln. So, there's not actual combustion occurring within the kiln. It's just recirculating those alcohols. And

I can also add to commissioners at the next meeting um, we'll provide greater detail on what the kiln is. It's not uh not what you kind of think. It's kind of a a new process this applicant is proposing here. They have a lot of um grants and stuff um from all these different partners on this proposed product. And it's a very unique way they're proposing to do this. And so as part of that um next presentation, we'll have a image of what the kil will look like. It's and um they're kind of currently um working on some kinks out there, mechanical permits and stuff like that. So um they'll be present too to talk more in depth about the process because it's it's unique and also has to meet a lot of regulations and requirements to ensure they can get these grants to fund their project. So it has to be very clean and very um technical.

Beautiful. Okay. So it sounds like I can open the public hearing and then we can take a vote to continue it. So, I am going to open the public hearing at 6:40 p.m. and then I am going to turn it over. I'd like to make a motion that we continue the meeting to continue the item to our next March 9th meeting. Beautiful. Can I get a second? Second. All those in favor say I.

I. Say nay. Beautiful. We will carry that until the March 9th meeting. All right, our next agenda topic is the 2026 planning commission work plan being presented by Mike Merla, our planning manager.

All right, good evening commission chair and commissioners. Um so before us now is the 2026 um plan commission work plan. Um 2025 was a big year for us. We welcomed two new commissioners. Um we also did a number of projects. I think we did 33 different approvals that's on here. Uh RER Walton was the biggest one we did which is a comprehensive plan amendment reszoning. Um a lot of time went into that. We also had some other very complex projects as such as the um Hampton in project and the big hits at the gateway. Um however it was the year of the conditional use permit. We had 15 of them, over 15 actually, conditional use permits. And um we had 26 planning cases and this body recommended 33 different approvals to the city council. And we also had two zoning code amendments on top of all the zoning code stuff we've been doing lately. So with that kind of brings us into 2026. Um I'm proposing that we finish the zoning code update. Um we have one more session after tonight on this. Um so that'll be done the first quarter. Um we already started doing the subdivision ordinance next. That will be an overhaul. That will not be a rework rewrite. That will this will be a rewrite actually. Um it will not be like this like we're doing for the zoning code. This will be a process where we find a zoning uh subdivision code that we think is compatible with ours currently and then do a rewrite. Um Connor has kind of started that. Connor Jake's our associate planner, actually senior planner now. Um recently promoted. um he will be um kind of leading the charge on that one with myself and that'll be the second through the fourth quarter and then um the 2050 comprehensive plan will be starting. Um we will be bringing that item to the city council's work session for guidance on the March uh 10th meeting to get direction from the council there on how to proceed with

that. However, I expect this body to have um a lot to do with that project going forward. It is a heavy lift. It is a multi-year project. It starts in 26 and goes through 2028 for adoption in 2029. Has to be adopted by 2029, but I expect um to have a lot of input on that um with the plan commission. So, with that, that is the proposed work plan for 2026. Obviously, additional things will come up. We will continue to do our usual um development review and such, but uh that is what's on tap um for the work plan this year. On the screen is recommendation. I'm can stand for any questions.

Commissioners, any questions? No. Do we need to make a motion of approval of that work plan? All right. Can I get a motion? Uh, make a motion for the planning commission to approve the 2026 planning commission work plan. Beautiful. Can I get a second? I'll second that. All those in favor say I. I. I. Oppose say nay. All right. Work work plan approved. Awesome. All right. Well, let's continue. The background. Our computers gets me. It's a manatee. Yeah.

Start it out there. All right. So, this is our fourth session on this. We hopefully have one more after this. Uh we'll take a break. I'll talk about that here in a second. So tonight we're going to talk about two code sections. Um one is the general standards and provisions and the other is a sign. So currently all the general provisions are found in city code section 107 within the zoning code. There's 54 articles in there. Um the standards range specific uses to general performance standards. Um it is a very broad section of code. It goes from everywhere from nuisance nuisances to non-conformities to cannabis um to lot yard sizes, yard restrictions. So our intent here was to um standardize it and break it into different smaller sections. And so the biggest thing that we did on here with all sections we've updated was we updated them to comply with the new standards and formatting. So they all have the same um formatting like the previous chapters before us. Another thing too we did was as part of the general zoning provisions, the intent of it is to establish a uniform development standard that applies to all zoning districts within the city. These standards are intended to promote orderly growth, protect property values, ensure compatibility among uses, and safeguard the public health, safety, and welfare. So with that in mind, we have 21 chapter or 21 articles before us. So we've reduced it from 57 to 20 to 21 or 54 to 21, excuse me. Um and some of those other ones we moved into other chapters, too. But now the intent of the ones before us all are um are kind of a blanket across multiple zoning districts, not just specific uses. So the first one here, I broke everything into a table. Um I notice on the in your packets a table did not one

of our software we used to upload the packets it did not convert properly. Uh so I apologize for that one. We'll take a look at that for the next packet. So the first one here is 1091 um purpose andability. Again we just moderniz modernized the language um was outdated. A lot of it is is um we previously went over in our zoning provisions chapter. So we updated the language. And then there's 1092 accessory buildings and structures. Again, minor cl um clerical corrections um to better identify the zoning districts. Then um there's zero lot line development. Previously was known as commercial zero lot line development. When you read the chapter, it's not just commercial. It includes industrial chapters as well. Again, cleanup work. Um but no major amendments to that one. Go to 1094, demolition of structures. um currently is located in 10735. We did add additional standards to this to ensure debris are removed from the site and the site is restored. Um and making sure that the site is complies with all actable laws and prevent hazards or nuisance conditions. It's kind of a learning experience of another project we worked on this year from had some site demo. We need to strengthen language within this section here to ensure that we can compliance. Um again 1095 drainage currently located in 10723 we modernized the language the previous language was outdated. 1096 uh includes small wireless facilities. Um an essential services currently it's titled essential services is broken into kind of so it make sure that people that are looking for small wireless facilities know where to find it. Um small wireless facilities are like small cell antennas that they place on light poles. If we go down to Minneapolis, you really see them down there. They're based on top of the light poles, and it's just an antenna for earphones, but on a small cell. Um, again, we formated

and improved the readability. And then we brought in the exterior lighting, which is in 1097, used to be in 10736, no text amendments. 1098, exterior storage and outdoor storage. We combined multiple sections into one article. Should be one article in that section. um because there's multiple sections. Um so the current codes that were combined is 10721 open storage lots, 10754 regulation and storage of trailers, camping vehicles, and 10746 sales and rental lots. So when we take those groups that are combined, they all live within 10 98 and it's be like 10 981 open storage lot 10 92 10 982 regulation of storage and so on. Um and then there was waste materials, no text amendments. Um just that was previously located 10722 now it's 9 1099. Another one here, 10910, general parking and access requirements. Again, we combined a numerous code sections into one article. Um, one big one here just kind of show why we're doing this in section 109 10J2 outdated parking ramp lighting code. Um, that was dated 1987. So it references specifically code and standards in the parking lot lighting standards from 1987. So deleted that updated the language to current standards and then we kind of removed that because right now it the language specifically identifies this 1987 document. We removed that so you're not referencing a single document. you know, it's a standard. Um, height limitations 10 911 again um currently located 10733. No text

amendments. 10 912 incidental accessory use permits. 10742 it's currently located. Just moved it into a new section updated. And then here's a bigger one. 10913 currently located in 1030A has its own section. We grouped it in here because it does cover all the zoning districts. Instead of it had a standalone, it should we thought it should be in the general zoning provisions. No text amendments to it, but just uh formatting. Then we combined urban agriculture and animals into one section. 10914 and then 10 9:15 moving and relocating buildings and structures. Again, no text amendments, but relocated from 10734. It's kind of the story over and over again here. 107916 non-conformities relocate from 10724 no text amendments. Uh 10 917 luisances. This one here is a bigger one. There is quite a few of them that we combine. Um anything from 10710 through 10717 and then 10720 were all combined into one article that covers all the nuances. explosives, smoke, vibration, you name it, it's in that location now. And then the very last 110 720 is maintenance, property maintenance. 10918, yards and lot provisions. Again, we combined two articles are currently separate into one article. And then 10919, residential density calculations, which is currently in 10749. Um, we added I should say I added a purpose statement to this one to tie it to the comprehensive plan. The current language does not state where that these numbers come from. All the density calculations or density requirements live in the comprehensive plan. So I just add language in there saying that this is per the comprehensive plan. This

they have to match. So I just kind of clarify add some clarifying language to that one. Last two. Oh, actually that was last ones there. I apologize. Um, something seems wrong here. I'm going the wrong way. That explains why we're going the wrong why something's wrong. All right, so we deleted a number of sections here. Um, 10728 el shelter buildings. Um, kind of outdated. 1980s. Um, I don't know Ali, um, Commissioner if you've done any elf shelter buildings lately, but uh, no, we we learned about them in school. So, long time ago,

we easily them. If they come back around, um, we'll figure it out. Um 107 let's see here 10732 manufactured homes all covered in a zoning district currently 10737 public rightway god we have a public rightaway chapter already um 10738 LP gas exchange container display um a lot of that's regulated by building code um and relocate some of the language in there to other sections and then there's a number of reserve sections as well uh 107 7 um 47 was a reserve section as well. So we just delete them, got rid of them. We didn't need it. No reason for these. And if they come back, we can add on to the list. All right. And then signs is the last one. We did not touch anything. We just updated the formatting. Signs is a whole different animal on its own. Um that was something that we'll look at after we complete the comprehensive plan. It would probably be separate from the overall zoning code because there's so signs of such a unique um it's you're opening Pandora's box. So, it just takes a lot of work and a lot of lift from the plan commission and staff on that one to review. Um I personally would try to remove it from the zoning code. I think that's something we'll talk about with our attorney um is to relocate outside the zoning code into its own section. So, but that's um something for another day. So, that's it for now. You get a break on March 9th. Um then we'll come back with the last three um chapters, industrial planning, developments, and administration. And then we are done. Um this will go to council. Then I'll do similar um presentations there. Um I appreciate all your work. You'll see me ramble up here um over the last four meetings. So, we

have one more. Um, and, uh, I stand for any questions. All right. Commissioner, um, it's been in the news lately. The whole idea of data centers, you know, I think Egan has a moratorum. Farmington's in kind of chaos with it. Has council or the city going to adapt any type of policy or direction regarding data centers?

Right now, it's my understanding, commissioner, that we only allow them in one zoning district. And the amount of land and space you need for a data center, it would be very difficult to construct a new one here. Um, but I don't believe so, but that's something I can put on the radar of um our community development director, deputy city manager. um let him know about that one. I can bring it back to the next meeting and provide you an update on if there's any stance on that one. Um from my knowledge, a lot of times it's developing communities that have the most trouble with them. Um so, but that is a good question. I will bring that back to uh future meeting.

We have a Burnsville center that doesn't have much in it. It's true. It's true. Luckily, that's all the districts is not allowed in. So, we're good there. Any other questions, commissioners? All right, great work. And we're moving on to updates. We'll let Mike shimmy on over here. Um, I guess before he gets here, commissioners, do you have any updates?

No updates from commissioners. So, I'll turn it back to you. All right. So, our next meeting will be on March 9th. Um I will not be present. I will um be out of state. Um but our deputy community development director Travis Pu will be here along with staff. Um we'll have a couple items on that agenda. The cabber one will be continued and a couple other exciting projects as well. Um that is why we'll not be talking about the zoning code until the next meeting. Um since then at the last city council meeting two items were approved. Uh the first one is the application of clear channel outdoor for a preliminary and final plat um at the corner of Shelby Street and Highway 13. And the other one was item that was approved was a conditional use permit for Route Kind Holdings LLC for cannabis micro business at 32000 Highway 13 West. is worth noting that item was on the regular agenda at this at the meeting. Um when this item was before us at the meeting, um we did have one distain vote, Mr. Hamilton. Um the concern that was shared by the commission at that time was the number of uses. Um at that meeting, it was state that there could be up to four potential cannabis uses in there. Following the meeting, the applicant decided to not move forward with the project um and not purchase the property. However, the one cannabis use that was approved by this body um stayed. That one's going to stay there and one additional. So, there's only going to be two cannabis users located at the facility going forward. Um there could be additional in the future, but at this time the current property owner is going to retain the property and allow the two that are currently in the one that was recently approved for um the cannabis micro business that just for retail that this body approved and another one that'll be in on future meeting here um for cultivation. Otherwise, that'll be the only two uses in the building. And then I believe they have another user that's a permitted use

that would just go in there. That's retail, not in a retail, but permitted use in that zoning district. And that was approved by council as well. So and that's it for my update. All right. On that note, can I get a motion to adjurnn the meeting? I move that we adjourn. Beautiful. Second the motion. All those in favor say I. I. All right, that's a wrap. That was way too quick.