Planning Commission - Regular Meeting

swearing in of two new members to ensure a quorum is met. 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 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. Now, planning manager Mike Moroselo will swear in our two new commissioners. Stand down here. Can you raise your right hand? I repeat after me. Sorry. I, Jason Low

I, Jason Low do solemnly swear do solemnly swear that I will support the Constitution of the United States that I will support the Constitution of the United States and the state of Minnesota and the state of Minnesota and I faithfully will discharge the duties and I will faithfully discharge the duties as a member of the Burnsville Planning Commission as a member of the Burnsville Planning Commission of the city of Burnsville of the city of Burnsville in Dakota and the county of Dakota in the county of Dakota and the state of Minnesota and the state of Innesota to the best of my judgment and ability. to the best of my judgment and ability. So God help me. So God help me. Thank you. Congratulations. Welcome aboard. Have you signed here?

Thank you. Thank you.

All right. Number two. I, Jeff Long I, Jeff Long do solemnly swear do solemnly swear that I will support the Constitution of the United States that I will support the Constitution of the United States and the state of Minnesota in the state of Minnesota and faithfully will discharge the duties and will faithfully discharge the duties as a member of the Burnsville Planning Commission as a member of the Burnsville Planning Commission of the city of Burnsville of the city of Burnsville in the county of Dakota in the county of Dakota and the state of Minnesota and in the state of Innesota to the best of my judgment and ability. to the best of my judgment and ability. So help me God. So help me God. Congratulations. Welcome. Thank you.

All right. Thank you. All righty. So, now we can establish a quorum. So, I am calling the Monday, July 28, 2025 planning commission meeting to order. It is 6:33 p.m. As both the chair and vice chair are absent and a quorum is present, we will now proceed to elect a chair prom to preside over tonight's meeting. So nominations are now open for the chair prom members may appoint anyone including themselves. No second is required for nominations tonight.

I nominate Al Anderson to be chair prom for this meeting. We have one nomination. Do we have any additional nominations? All right. I will close the nominations. All those in favor of electing Commissioner Anderson as chair prom for tonight's meeting say I. I. Any opposed? All right, you may take it over.

It's time to adopt the adopt the agenda. Are there any changes from staff? Uh we have one change and that we will need to remove the item for uh swearing in of new commissioners from the actual agenda since we conducted that business before the meeting was called to order. Okay. So minus the swearing in. Any changes from commissioners? I'll entertain a motion to uh adopt the agenda. So moved. Second. A second. Okay. All those in favor?

I opposed. Okay. Okay. Now we're on to the approval of minutes from June 23rd, 2025. Um, are there any changes in staff on the minutes? Not at this time, chair. Are there any changes in the minutes from the commissioners? No. I have a motion for approval of the minutes. So moved. Second. Second. All those in favor say I. I.

Opposed. Say no opposed. Motion is passed. Now we have a public hearing for the application of RJ Ryan Construction on behalf of Burnsville Toyota for a conditional use permit amendment to allow for the building height of 55 ft and an accessory car wash to be located at 14730 Buckill Road. Presenting is Connor Jakes, our associate planner.

Yeah, good evening, Mr. Chair, members of the commission. Uh great to be back with you this evening. Um as Mr. Chair stated, the application before you is a conditional use permit amendment um to allow a building height of 55 ft and an accessory car wash at the Burnsville Toyota site off of Buck Hill Road. The site is zoned uh B3 general business and is guided as bus uh business office and retail in the 2040 comprehensive plan. Um the adjacent sites in the immediate vicinity are also zoned and guided accordingly with the subject site. Um the site is bounded by Buck Hill Road to the east and Burnhaven Drive to the west. I will note um the Toyota service center that is owned by the um same owner as the subject site before you um is located across Burnhaven Drive um which is where the main service occurs for maintenance of vehicles. To the north is an existing auto dealership Waler Mazda and to the south is Waler Nissan. Before we jump into the proposal, a little bit of background on the site. The original building was constructed in the late 1980s. The original conditional use permit and a variance were approved in 1987 which allowed for the open sales lot um to exist on site. The variance was for a setback reduction um for the internal access drive along the south edge of the property. The building was actually constructed a few feet off of where it was proposed and so that reduction from 5T to 2 feet was approved in 1987. Following that, in 1993, a resoning was approved um which removed the PUD from the site um back in the day there were approvals for plan unit development um with the intent to develop this area with the strip mall. However, that never came to fruition and then auto dealers um developed the area. And so in 1993, Krauss Anderson was the applicant um who removed that PUD and allowed the site to be under the B3 zoning. The most recent approval was in 2004, which was a conditional use permit amendment that allowed for the curved portal entrance um to be constructed on

site and to meet the Toyota brand standards. So, proposal before you is an amendment to the conditional use permit to allow the building height of 55 ft. Um, city code does allow for building heights over 35 ft with a conditional use permit, which is why the application is before you. And the code also allows for accessory car washes with a conditional use permit um which is the second part of the application before you. The applicant is proposing a new structure um approximately 36,000 square ft in size. That'd be a three-story showroom and a fourstory parking ramp. Um the intent of the conditional use permit in this case is to ensure the proposed use is compatible with the surrounding uses um sight line scale density um and the like and to ensure there's no adverse impacts to adjacent properties or those in the immediate uh vicinity. Proposed site plan is shown on screen before you. Um get my mouse here. The oops existing building is shown with the dashed line so you can see where the existing is versus the proposed. The applicant's intent is really to shift the building to the east while still meeting all applicable setbacks in order to provide a more prominent structure um for vehicular traffic um along I35 and Buck Hill Road, but also with the main intent um to provide a better customer experience um with indoor storage being the main component um so that customers um don't have to experience weather um and different u things like that. Um business would remain open throughout construction. Um I'll let the applicant um touch on that um if they'd like. Um currently on site related to landscaping, there are two landscaped islands um existing parallel to the entrance off Buck Hill Road contain approximately six trees. Those are proposed to be um removed and then relocated to the west behind the um structure here and those trees would be replanted. And um the car wash is located um along

the western side of the structure here and integrated with the building. And um new car delivery would occur across the street at the service center. Um however, the applicant does have six stalls here for um prep of those vehicles for sales to the customer. Terms of uh floor plans because it's a bit of an interesting proposal and um unique to what uh the city has seen previously with auto dealers. The bottom left is a cross-sectional building layout um showing the parking ramp on the western portion with the car wash to the most west. And on the east side of the building would be um sales and admin areas with the um threef flooror showroom. Second floor layout is shown on screen. Again, vehicle storage on the western side and then um office space, conference rooms on the eastern side with a kind of open view to the showroom. And then the third floor um is vehicle storage. And then the fourth floor plan is shown on screen before you. Terms of um parking um ordinance does require 91 stalls. Um currently on site, there's 363 outdoor stalls. The applicants proposing to decrease the outdoor stalls to 346. Um they would increase the indoor stalls from 10 to 177. terms of specific parking stalls, um the applicant's proposing 73 stalls for employees and 18 stalls for customers. Um that does meet peak demand as the applicant um has noted um occurs currently on site. Um as I mentioned previously, there's six new vehicle delivery stalls provided within the structure and then loading and unloading occurs currently at the service center and that's not expected to change. Uh so the parking site plan is shown on screen. The yellow highlights the employee parking stalls and then the orange the customer parking. There'd be uh 16 standard um customer parking stalls and then two ADA accessible ones. Um in terms of architecture, the proposed elevations are on screen before you. Um it does meet all applicable code

requirements. The materials proposed consist of aluminum composite panel, um anodized aluminum curtain wall, pre-cast concrete panels, and glazing or windows. Um the car wash again is architecturally integrated into the site um along the western side um of the building. Um and then the application does meet those minimum requirements in code for architecture including an um entrance accent which is achieved through that kind of portal or Toyota brand standard um entrance area. Um there's contrasting at complimentary materials. Um there's visual relief. So no wall is um longer than 100 feet without visual relief, which the applicant is achieving through windows and then um a color variation. And then accent materials um for the facade wrap around the building um on both sides. Terms of planning considerations, the proposal does meet the requirements of the city code. Um height in excess of 35 ft and accessory car wash are allowed with a conditional use permit. proposal meets the findings of approval for a conditional use permit which are noted in your packets and the proposal does meet the intent of the zoning ordinance and the comprehensive plan that um staff does recommend that the planning commission recommend uh to the city council approval of the CUP amendment to allow for the principal structure height of 55 ft and for an accessory car wash to be located at 14730 Buckill Road subject to the conditions of approval. Uh condition one, the project shall be completed in accordance with the plan submitted and as amended by the conditions of approval. Any significant changes to the plans as determined by planning staff shall require review and approval by the planning commission and city council. Condition two, the conditions of previously approved cups shall remain in full force and effect. Condition three, all applicable permits and a commercial plan review packet, including a landscape and phototric plan, shall be completed, submitted, and approved by the city prior to the commencement of

on-site activities. Prior to the issuance of a building permit, the engineering department shall review and approve uh final grading and utility plans in writing. The applicant shall incorporate any design changes as required by the city engineer. Condition five, prior to the issuance of a building permit, all development fees, if applicable, shall be paid. Condition six, prior to the issuance of a building permit, a final landscape plan shall be approved by planning staff in writing. Condition seven, prior to the issuance of a building permit, a phototric plan shall be approved by planning staff in writing. Condition eight, uh, all rooftop units, mechanical equipment, meters, transformers, and the like shall be 100% screened from ground level view. Condition nine, loading um and unloading of vehicles within the public right ofway is prohibited. Condition 10, assigned permit shall be obtained prior to the installation of any new on-site signage. Condition 11, all light poles shall be shoe box style, downward directed with flush lens other than wash or architectural lighting attached security lighting shall be shoebox style um downward directed with flush lens. Um with that, I will leave the recommendation on screen before you. Um staff's available for questions and the applicant is in attendance as well and available for questions.

Commissioner, do you have any questions?

One question I had was, is the building going to be positioned in the proper spot instead of too close to the um property line this time? Uh yes, Mr. Chair, members of the commission. Um the proposed building would meet all setbacks including that um front setback from Bookill Road. So would be positioned accordingly. Um have the uh car dealer neighbors been notified about what the plans are? That's correct. Um the city has notified all um property owners per the public hearing u notice requirements. So they received a mailing.

Okay. Uh, seeing no other questions, um, I'll open the public hearing at 6:46 p.m. Anyone wishing to speak, please state your name and address for the record? Anybody in the audience? Anybody online? Any questions for the anybody the applicant that seems to be here? Nothing for me.

Oh, okay. Okay, we'll close the public hearing at uh 6:47:23 p.m. Does anyone have a motion for the adoption of the recommendation? I move that the planning commission recommend to the city council approval of the conditional use permit to allow the principal structure height of 55 ft and accessory car wash to be located at 14730 Buckill Road subject to the 11 conditions stated.

Is there a second? Second, Mr. Lo second. Any other discussion? All in favor say I. I. Opposed? Nay. Motion passes.

Looks like the city council will bring take this up on the August 19th agenda. Second item on the um public hearing agenda tonight is an application from Richard McGawan for interim use permit amendment to remove the requirement for the installation of safety netting at the chalet golf driving range located at 1937 Highway Interstate Highway 75 West. our community development associate Kevin Trzinski will present.

Thank you chair and members of the commission. Uh tonight before you is a public hearing uh regarding an application uh of Richard McGawan to amend the interim use permit that was received last year uh for the uh requirement to install safety netting at the Chalet Golf Driving Range uh located off of 35W. So, as you can see, the the site here located off of 35W, it's zoned B4 Gateway, which is our highway commercial gateway district. Uh, it's guided business, retail, and office in the comprehensive plan. Uh, to the west of the site directly is the Black Dog Trail and 35W. And then to the south is public storage. And to the north is uh open space and wetlands. And as you can see, the site has many poles along this western side that were originally placed in order to uh accommodate lighting on site and the netting. And as a condition of approval in last year's interim use permit application, uh the applicant was required to install that netting along those poles and the request tonight is to uh remove that condition for requirement. So, uh just a little bit of a background on the site here. So, it's 27 and a half acres uh located on the freeway dump. So, this dump has not been operating since the 1970s. It has a soil covering on it and then it has been a driving range since it was

approved as an interim use in 1994. Uh, it's received additional interim use approvals for this driving range use uh as well in 2005 2013 and the most recent one was in 2024. So that approval will expire on December 31st, 2033 unless it is uh further amended or if other development takes place on that site and which would resend this interim use permit approval. So the proposal tonight is only to remove the condition that requires the protective netting. We're not really looking at anything else about this site tonight, just the the netting requirement. So here I've provided the two site plans that uh the applicant has provided over the years. So the one on the right is the original site plan that was received in uh 1993 and approved in 1994 to open up the driving range. Uh the the text on here is kind of hard to read, but it calls out those light poles along the the western edge here by the freeway and then throughout the parking lot uh showing that they're going to be used for lighting. And then the ones along the western edge here would be uh used for nylon netting like you you might see that along other driving range uses along freeways uh throughout the metro area. So this has been a requirement in each of their approvals since that they installed the netting and they are requesting now that the poles will not be used for lighting or for netting. In their approval last year, they uh also mentioned that they

didn't want to have lighting on site anymore. So, we added a condition of approval that they obtain an electrical permit to abandon the lighting that is on those poles. They have done that and they've received their electrical permit. So, there is no more lighting to the site there and now they're coming in to request that the netting not be installed. So they have provided us some information that we've been able to kind of consider here for why the netting doesn't need to be installed at this point. So basically they've not had any instances of stray balls going onto the trail or onto the freeway. uh from what they've seen, we've contacted the uh Burnsville police as well as the state patrol and received no uh instances of there being any issues with uh balls straying onto the freeway or onto that trail. The the driving range is it's really angled away from the freeway so that it kind of you'd have to really try to hit a ball onto the freeway. Um they have distance markers that are kind of throughout the site here and it angles away from the freeway. So someone would really have to tee up from this leftmost tea box here and intentionally kind of go towards the freeway which they have people in this staffing office to keep an eye on uh patrons of the site uh during all hours of operation to make sure that that doesn't happen. So, um, we feel fairly confident that there's not an issue with this at this point

and we we would recommend that we remove this condition. So, the recommendation tonight is that staff recommends the planning commission recommend to the city council approval of the interim use permit amendment to eliminate the requirement for safety netting to be installed along the western edge of the Chalet Golf driving range located at 11 1937 I35W subject to the following conditions. Condition number one, the following condition from the May 7th, 2024 interim use permit recorded in the office of the Dakota County Recorder on June 17, 2024 as document number 883987 shall be hereby rescended. And that condition was that netting shall be installed on the existing poles along the western edge of the driving range prior to May 7th, 2025 and remain in place through the duration of this interim use permit. Condition number two is that all other conditions of the previously approved interim use permit shall remain in full force in effect. So that will allow anything that was approved the last time to remain except for the one about the netting. Condition number three. In the event that an incident occurs related to the operation of the driving range, such as golf balls leaving the site and impacting surrounding properties or roadways, the interim use permit may be subject to review and potential modification or revocation by the city. So this is kind of intended to be our safeguard to protect ourselves and that if anything were to happen then we could take another look at this but it gives the applicant that flexibility at this moment to proceed as they are.

And then condition number four is that all conditions are subject to review and minor modification by the city attorney prior to recording of the amended interim use permit with Dakota County. So with that, I'll bring back the recommendation and I can stand for any questions. This is a public hearing as well.

Commissioners, do you have any questions? No. Seeing none, I'll open the public hearing at 6:56 p.m. Doesn't look like there's anyone in the audience. Anyone online? No one online. I'll close the public hearing at 65618. Do I hear a motion for approval or are there any other discussion? I can take a stab at the motion. Okay, you

correct me if I don't do it properly, but I would make a motion that the planning commission recommend to the city council approval of the intram use permit amendment to eliminate the requirement for safety netting to be installed along the western edge of the Shalet Golf driving range located at 11 1937 I35W subject to the attached conditions. There a second commissioner low. Any other discussion? All those in favor say I. I. Opposed? Nay.

Motion passes. That'll be on the council agenda on August 19th, too. Next are updates. Any updates from staff?

Yes, I got two updates. Um, first I want to welcome our new commissioners. Um, thank you and thank you for everyone tonight for our um kind of pitching efforts with the two absences. We had um approved absences absences, but uh thank you both for welcoming and thank you for um Hamilton and Commissioner Hamilton and Anderson for filling in today as chair and everything. Appreciate that a lot. Um, since our last meeting on June 23rd, two items that we were approved by the plan commission were approved by the city council. Uh, the first one was Ivy Brooking located at um, it's kind of hard to explain. Um, off the frontage road and highway 13 West. Um, that was approved by the city council at that meeting. That is for a um, outdoor storage lot for trailer storage parking. Um there's a couple other Ivy Brook parking facilities in the community. So that was approved. And then the other one was the the ordinance amendment to chapter 7 section 50 of the zoning code to allow for um remote storage of car dealership remote storage within the mixeduse district. That also was approved. And um at this time that's the only updates. Again, welcome and thank you everyone for your um for this unique setup tonight. I appreciate it.

Right. Thanks. Any updates for any other commissioners? No. No. Um, the next planning commission as of now is at on August 11th, 2025. Hope to see you all there. Time for adjournment. Can anyone make a motion for adjournment? I move to adjurnn. Is there a second? Second. All in favor say I. I. Opposed. Motion passes. Meeting adjourned.