Planning Commission - Regular Meeting

Okay. Uh, hello and welcome. Um, I'm calling the Monday, August 25, 2025 planning commission meeting to order here at 6:30 p.m. Um, tonight's meeting is being conducted both in person and online. Members of the public may attend here in the council chamber or they also may watch this meeting on Zoom. And all the information about how to access that is on our website which is burnsvillemn.govmeings. Uh we're also available on Comcast channel 16 or channel 859. More as I said more information is available on our meetings web page and also in the agenda for this meeting. Uh item number one is adoption of the agenda. Are there any changes to the agenda by commissioners?

None. Are there any changes to the agenda from staff? No changes to the agenda. I'll entertain a motion to adopt the agenda. Motion to adopt the agenda. Is there a second? Second. Motion and seconded. Um, all those in favor say I. I. I.

The motion carries. Item number two is the election of chair and well, we're right into it. Election and chair into chair and vice chair. Um, so nominations are now open for the chair of the planning commission. Uh, and just in just to explain, we we do this at the start. Every year we we renominate uh a new chair and uh vice chair. Um, so nominations are now open for chair of the planning commission. Members may nominate anyone, including themselves. No second is required for nominations. Multiple nominations are allowed. Um I So before I I'm going to nominate uh I'm going to nominate Karen Bradock. Are there any other nominations? Okay. If there's only one nominee, uh uh hearing on nominations are closed. If there's only one nominee, all those in favor uh of electing Commissioner Bradock as chair say I.

I. Opposed? No. Any nays? No. The motion carries uh unanimously. Okay, Karen, it says right here. Thank you. The new chair may proceed with holding the vice chair election. So, you're in. You're in. All right. Cool. Um, well, I think at this time we'll be taking nominations for the vice chair of the commission. Members may nominate anyone, including themselves. Can I get any nominations?

Yeah, I nominate John Hamilton. I also nominate John Hamilton. Any other nominations? All right. So, do we need to make a motion? Um, I think we have to vote. Oh. Um, yes. Hearing none, nominations are closed. All right. Nominations are closed. Can I All those in favor? Okay. All all those in favor of electing Commissioner Hamilton as vice chair, please say I. I. I.

Oppose, say nay. All right. Uh, excuse me. Sorry. Motion carries. Motion carries. All right. Move on with the agenda. And you have this, right? Correct. Okay. here. Um, the next topic on our agenda is approval of the minutes from July 28th, 2025. If you had an opportunity to read said minutes, can I get a motion to approve those minutes? Motion to approve. Can I get a second? Second. All right. For all those in favor, say I. I.

I. Opposed. All right. Motion's carried. Um, I think this is now moving on to the public hearing of application of MSP Burnsville LLC for a planned unit development amendment and a conditional use permit to allow for a long-term care facility at 14400 Nichollet Court. Um, presenting from staff is Connor Jakes, associate planner. All right, Mr. Jakes.

Thanks, Madam Chair, and good evening, commissioners. Uh, great to be with you. Um, as mentioned, the application this evening is application of MSP Burnsville LLC for a PUB amendment and a CUP to allow a long-term care facility at 14400 Nicollet Court. Uh, the subject site is shown on screen before you um outlined in yellow. Um, the site is located within the Golden Triangle PUB area, which we'll talk about, um, in the next slides. Um but located within that triangle adjacent to the subject site is a current hotel which is the Fairfield Inn. Um just north of subject site to the northeast is the is a restaurant, the original Pancake House. Adjacent to them is a hotel which is the American. To the south of the site is a current vacant parcel and the site is bounded by I35W on the west and then I35E on the east. The site is currently zoned B3 general business and is guided as bus business office retail in the 2040 comprehensive plan. Before we jump into the uh proposal, I thought it'd be beneficial to go through a little bit of background and history on the site. Um the site was part of or is still part of the Golden Triangle PUD which was approved in 1980. That PUD um outlined uh mostly office uses within the triangle area and then um Okay.

An associated uh low impact uses. Um that beauty was then amended in 1987. Um it received a major amendment which allowed for restaurant which is the current original pancake house and a hotel which is the current American in. Uh there's also a concept and site plan for a 8 to 10 story um corporate commercial office building at the point or the south part which is the vacant parcel currently. It was really intended to be um a vocal or a visual um aspect of entering the Twin Cities metro area um to kind of signify you're entering the region and the city um at the point of the freeway. Following that amendment, there's another another major amendment in 1996 which um provided the current layout with the um hotel approval for the current Hampton in which is the site before you and that vacant parcel. Um that PUD amendment recognized the 8 to 10 story building wasn't coming to fruition and then regidued it for uh the current uses today. The site was developed in 1997 as a hotel and has operated um as a hotel since its original construction. So the proposal before you consists of two requests. The first is a planned unit development amendment to allow underlying zoning district uses which would be B3 in this case. The second request is the cup to allow for a long-term care facility use at the site. That would of course be subject to conditions of approval. So the first request um is the plan unit development amendment. The existing PUD restricts use of the site um strictly to a hotel use. Originally, when the applicant approached staff for discussion in the application, um the proposal was to amend the PUD to allow specifically for a long-term um care facility. However, current practice from planning staff in the city is to amend the PUD to allow for all underlying uses of the zoning district. So, um that's the application before you is to allow all the underlying um zoning district uses, which is um current practice for the city. Second request, the conditional use

permit is required uh for a long-term care facility to operate within the B3 district. Um again, so the first request um the PD amendment would allow all the uses within the B3. Uh within the B3, a conditional use as a long-term care facility. So that's why the CUP application is before you this evening for the specific use. Um and the intent of the CUP is really to ensure the proposed use is compatible with the surrounding area and to negate any potential adverse impacts. In addition, um the CUP allows for reasonable conditions to be placed um on the use and use operations to uh further reduce potential impacts. And I would also just note um the CUP is intended to regulate uses and not specific tenants. So the proposed use before you again is a long-term care facility. Uh more specifically um the facility would provide housing and support programming for individuals recovering from substance use and related mental health challenges. We'll get more into the actual on-site operations throughout the presentation and then the applicant's also here to answer any detailed questions about the use or specifics. Um the proposal is for a maximum of 149 beds um which comes from city code. City code outlines a calculation of square footage per person uh based on site area and that calculates out to a maximum of 149 beds. um clients um entering the facility would be required to have a referral from a medical practitioner or licensed professional. There's no walk up care proposed with the facility. You have to have a referral in order to be admitted into the facility. And then just to note, the facility is required to follow state of Minnesota standards and ASAN, which is the American Society for Addiction Medicine, which is um I guess the society that informs a lot of the state requirements and standards for um long-term care facility uses. Terms of components of the use, there's four major components and again the applicant can answer detailed questions and go more in depth, but it generally consists of intake, treatment, uh length

of stay and level of care and then discharge. For intake, um clients again are referred required to have a referral in order to be admitted. Um upon entering there's personalized medical care for each client and each client actually receives an individualized treatment plan tailored to their specific background history and then um yeah proposed treatment for success. There's two levels of care proposed which are a 3.5 and 3.1 which we'll talk about a couple slides and there is a condition included that requires uh intake protocol be produced by the applicant submitted to police and fire for review and approval prior to the issuance of a building permit. terms of treatment. Um upon entering the facility, each client would um go through a comprehensive assessment which ensures a customized treatment plan is the outcome of that assessment. The treatment plan would include um goals, strategies, methods for relapse prevention and mechanisms that promote future success for each individual client. Um the provider would be required to review the treatment plan um with the client every seven days to evaluate progress and effectiveness of the treatment that's being provided uh for that specific client. In terms of level of care and length of stay, um as I mentioned, there's two different levels, 3.5 and 3.1. The 3.5 level of care is more intense, requires 24-hour um care and monitoring um with structured support. Care would include um comprehensive treatment interventions such as group therapy, medical management, and psychosocial support. Given it's a more intense um program and uh service, the length of stay is between 30 to 60 days um per client. The level 3.1 is less intense. Um clients don't require 24-hour care. Um it's really intended and suitable for clients in early recovery. And care would include um structured therapy, support, and then just basic medical care. Uh the length of stay for clients in 3.1 uh level would be between 60 and 90 days uh given it's a less intensive treatment um

service. Terms of discharge, um client discharge is a structured program and protocol. Uh the provider is required to prepare a comprehensive discharge summary for each client. That summary would include the client's progress, challenges, strengths, and recommend recommendations for ongoing care. The real intent is just to provide a smooth transition from care into the next steps of the client's life as they enter back into the world. Another aspect of the use I wanted to touch on briefly is staffing. Um that applicant is required to maintain 24-hour staffing on site. Um there are minimum levels set by the state that are also included in the conditions of approval which are listed on screen before you. Um in addition, we'll talk about this when we get to the conditions, but there is a section specific to staffing within the conditions of approval and the applicant is required to produce a um staffing plan that's reviewed um and approved by police and fire department prior to issuance of a building permit. The other aspect of the use I wanted to touch on briefly was security. Um all treatment areas and secured spaces are restricted to authorized personnel only via an electronic security system. Um the applicant um similar to the other planes I mentioned would be required to submit a visitor procedure protocol. Um that's required to be approved by the police and fire department prior to um issuance of a building permit and that protocol detail um various items such as a check-in checkout procedure, a visitor log and screening eligibility prior to accessing the uh treatment areas. terms of architecture um in the exterior, there are no changes proposed to the exterior um other than potentially signage. Um the applicant would likely remove the existing signage and then um install new signage which would be in accordance with the sign code. Um obviously there'd be interior work required. That work would be required to meet um building code standards and long treatment long-term care facility use standards. Terms of parking um ordinance requires 24 stalls. The applicants noted there are 99 stalls existing on site. um 95

standard stalls and four ADA accessible stalls. The applicant has um assured staff that parking is sufficient for staffing on site um as well as um visitor drop off and pickup as well. Um to note on conditions of approval, as you probably read through the packet, there was a number of conditions, uh 26 to be exact. Um so I just wanted to kind of walk through some of those and talk through uh the proposed conditions. Um so the applicant did submit draft conditions of approval for staff review and implementation. Of the 26 proposed conditions, 22 were proposed by the applicant and four were proposed by staff. Um of those 22 that were proposed by the applicant, um staff revise those work with public safety, police and fire department to ensure they meet city standards for writing um and were formatted for uh city side of things. Um the police and fire departments uh were crucial and were involved since the very first steps of this application, conducted a comprehensive review and assisted in developing the conditions of approval. Um a lot of the conditions were informed by the applicant um public safety impact analysis which details and anticipated um calls for service and um just impacts to our public safety system as a whole. Um again, I just wanted to reiterate that this was a collaborative effort between the applicant and staff to come to um conditions that make sense and allow the use to operate effectively while also providing safeguards from a city perspective in terms of staffing and um adjacent uses. Um, within the conditions of approval, there are five sections which include permitting, licensing and regulatory compliance, building safety and code compliance, staffing and personnel, security and access control, and community relations and transparency. Uh, those categories were just um implemented to make it more reader friendly for the conditions and easier to actually implement and refer back to. The other thing to note about the conditions that there are a total of seven plans that are required to be submitted prior to the issuance of a building permit to the city. Those plans

would be required to be reviewed and approved by our police and fire departments. And those plans would include a comprehensive security plan, an emergency response plan, a protocol for illegal substances and contraband, a staffing plan, a comprehensive intake protocol, and a visitor procedure protocol. Terms of planning considerations, um again, staff work collaboratively with the applicant to ensure a successful use while having effective safeguards in place to negate adverse impacts on surrounding properties. and um more specifically that area within the Golden Triangle as a whole. The proposal before you does meet the findings for approval of a CUP um which were provided in the packet and the proposal does meet the intent of the zoning ordinance and the comprehensive plan. Um with that, the recommendation is on screen. Um the applicants in attendance, we have um a member on Zoom of the applicants team, I believe, and just want to note that there were two letters of support that were submitted um today. So, those are provided um at your seats, I believe. With that, um staff's available for any questions.

Beautiful. Thank you, M. Mr. Jakes. Um so, at this time, can the commissioners ask questions of Mr. Jake or do I have to open the public hearing? Uh no, it can they can be directed to him before you do the public hearing. Cool. All right. Commissioners, do you have any questions for Mr. Jake before we open the public hearing? All right. Commissioner Hamilton, who is going to be managing the health facility? Uh, Commissioner Hamilton, are you referring to applicant side of things or like city ongoing monitoring? I guess I'm referring to the applicant more than anything.

Yeah, the applicant currently um doesn't have a tenant um specified or in mind. Uh this is really approvals for the use and the tenant would come at a later point. If I can when when a tenant is determined, is there a vetting process that they need to go through with the city?

That's correct, Commissioner Hamilton. Um, so they would be required one to submit a building permit for the interior work, but before that would have to submit all of those seven protocols and plans that I outlined for the conditions of approval. And then I would also note that anytime a new operator were to take over the site for long-term care facility use, they would be required to amend the conditional use permit as well. So the first uh tenant or um operator of the site wouldn't have to amend it, but anybody after that would have to amend that. Um but prior to getting a permit, they would have to submit those plans and have them approved by the fire department and police department as well.

Is there multiple operators or is this one Yeah, I believe it's one operator that would encompass the whole building on the two levels, but the applicant might be able to touch on that in their comments as well. Any other questions? Commissioner Anderson,

what type of uh security and staffing do they need in that 24hour cycle? Now, you noted X amount per patient, but they're not all working at the same time. Uh yeah, Commissioner Anderson, I would um defer that to the applicant to kind of detail specific staffing that's required as I believe there's spec specifics for medical staff as well as just on-site security and various staff. So they would be able to speak more to that in the state requirements that they would be under. If I can add to um commissioner, as part of the conditions approval, they're required to submit a detailed safety security plan that needs to be reviewed by our police department and public safety teams. As the as Connor stated, um since the tenant is not known at this time, that is one of the required documents that needs to be reviewed and approved prior to an issuance of a building permit. So at this time um the applicant and pike can discuss security more but um as part of the collaboration with the city and the applicant we want to see a detailed um security plan to make sure that security is on site 24 hours a day um not just to provide security for the site but you know deescalation and of other trainings on site um just in case events do occur but I'll let the applicant kind of address that a little bit more um when they have a hands. Just a followup. I don't know who can answer this. If there's a dispute between the police department and fire department and the applicant, say over security, how is that resolved? I know that the city won't issue the permit is is that how how is that issue resolved? That is a that is a good question, Commissioner. So, um, so far we've had a great rookie

relationship and I think it would continue. Um, so generally what I see it kind of happening is it would be negotiated on what the what the best practices are and that's I think we'll follow through on what the best practices are for these uses. Um, I can I don't not quite sure how to answer that. Um, our city attorney Karine Henny is here. Do you have any thoughts on how we would kind of approach that? And um it's not muted. So So

So the requirement is that the plan has to be submitted to the um police and fire department for review. And if there were a dispute, the city's not going to issue the building permit until the city is satisfied that the conditions of the permit have been met. So to add on to, I think what we would do too as a staff, you know, we would meet with the applicant and talk through what our desired needs are, what our public safety needs are to fulfill that obligation and then work together on that one. Um, otherwise I'll also just jump into so that's kind of sorry that's like prior to the permit issuance. Um, so that would satisfy kind of the pre-operation aspects. um that you know produces the plan that we're comfortable with, the applicants comfortable with that we think is going to support the use while also having those safeguards. But after that permit's issued, there'd be ongoing maintenance or ongoing uh just kind of watch of the site, I guess, from a public safety standpoint. And our um public safety team has assured um just staff from a city standpoint that they have sufficient resources to do that as well as um the conditions of approval do also require the applicant to meet with the city or the provider. um you know if there are issues to provide ongoing meetings to kind of work through those issues uh should they arise. Um the applicant would also be required to submit an annual report that would detail site operations um you know if people are terminated from uh care things like that and um our public safety team would be reviewing that in detail as well.

Thank you. So, is the tenant, are they a lease or are they owning the facility? Yeah, I'll defer that to the applicant. Um, my understanding is that the owner would still own the facility and then lease it to a provider or a tenant that would operate and that provider has not been determined yet.

That's correct, Commissioner. Again, uh want to reiterate though when we're looking at conditional use permit, we have to look at it through the lens of the use, not the applicant or tenant. Um so that's why we have all the safeguards in place here and requires the once they do select a tenant to come talk to us so we can make sure that the conditions approvals are met and work with that applicant or that tenant um going forward and the property owner. Mr. Anderson, does the CUP only allow the long-term facilities in the B3 at this location or would this be a use across the city?

Yeah, Commissioner Anderson, it would be specific to this site only. So, that cup would be um allowing a long-term care facility to operate at this subject site, not within the entire city. Questions, commissioners, for staff? All right, I think we can commission. So, at this point, we know nothing about any modifications to the interior of the building to ensure ADA compliance and security compliance or if there's any locked part of the building.

I can um commissioner um I can address that question. We have had conversations with the applicant about potential improvements that would be needing to be done to the building once a tenant is identified. There will be including um upgrade removing some of the hotel rooms to create some office spaces and added security measures to the specific floors one by the tenant once they're selected. The applicant did not want to make that investment now as the hotel will continue to operate until a tenant is found. Once a tenant is found, they will make the necessary improvements to the site um to be consistent with the conditions of approval and any kind of building permit or any other state regulations for such use.

Do we expect to see this back then at some point through the planning commission?

Um commissioner, um not at this time. Um once it's approved tonight, uh it will go to planning commission. However, the there is a condition in there stating that if the user does change, that has to come back through. So, the first time, no. But if they do switch to a different user, for example, say they switch to another long-term care, we would see this application again just to amend that conditional use per to make sure that they can address or if there's any changes that need to be made at that time. Right now, the applicant's hoping to go forward out to market with the conditions in place. As Connor stated, um vast majority of them did become from the applicant. So they know what conditions are needed to go to the market and find a user to fulfill the goal of having a long-term care facility at this subject property.

Commissioner Anderson, I noted in the newspaper that up in Brooklyn Park, I think it was, there was a long-term care facility operating out of a motel there, but the motel was still operating as a motel, too. This would not be the case here. Correct.

Um commissioner that is correct. Um this here would be solely it would be operated as a hotel until a user is selected. Um there is number of safeguards in place where the staff or city staff does visit the hotels regularly to make sure that the for safety inspections um kind of similar to what was in the newspaper on that other use. So the plan here is the operation of the hotel would cease once a tenant is selected and go through there and then I think the applicant can talk to that too through the pro.

All right I need a clarification. All right so once a tenant has been selected where does the process go from there? Yeah, Commissioner Hamilton, once uh the owner uh selects a tenant, that tenant and the owner would likely come in and meet with city staff to walk through the conditions of approval so they understand all the conditions and everything is on the table up front. And then from there, they would draft their um seven plans and then submit those to the police and fire department for review and approval. Um once those are approved, they would move um to submit a building permit. We review that building permit um with our typical process um building department for construction, ADA accessibility, um all of those standards um as well as a planning review to ensure it meets all city code standards. And then at that point, we would issue a building permit, but that's after they draft all the seven plans and have those approved by police and fire.

Now, does that go to planning commission or does that go to city council or strictly internal to staff?

That'd be internal to staff with the way the conditions are written. And if I can add to to Connor's comments, um this is a little unique here and it's and you know that the tenant has been selected, but however analogy that I was our city attorney kind of threw out to me and as we were talking earlier about this case, it's kind of like uh a drive-thru. You know, a lot of times when we're approving a drive-through use, we do not approve if it's McDonald's or Burger King. We're approving the drive-thru. So, in the case here, we're approving a long-term care facility through a conditional use permit. They'll run with the land. So, that's the kind of analogy we're um that I think kind of sits well with me when you're thinking about this as we're reviewing this use. Just wanted to add that because the conditional use permit will run the land until terminated or revoked um by either terminated by the property owner or revoked by city council. All right. Any other questions from commissioners for staff? Seeing none, are we ready to open the public hearing at 6:59 p.m.? Um, do I invite the applicant up or anyone wishing to speak?

Anyone wishing to speak? Yep. And they should identify themselves with their address, name and address. Um, all right. Anyone wishing to speak on this agenda topic, please approach the mic and state your name and address for the record.

Well, I'll start it off this evening. Uh my name is Megan Rogers. I'm an attorney with Lark and Hoffman and I represent the property owner and the applicant for this application. Uh I'll sort of just start with a little bit of how we got here. Um and then happily I'm available to answer the commission's questions. I think I I I've jotted most of them down here. um and to talk a little bit about the procedure and why we're um applying at this point in time before we have an underlying user selected. Um so first and foremost uh so this facility was particularly selected for transition to behavioral health and substance use treatment uh long-term care center based upon uh the underlying zoning district um and the existence of this long-term care center description within the city ordinance. Um so the proposed use meets the definition. and it also meets the performance standards of the ordinance um for the business district. Um and it's particularly well suited not only from a zoning perspective, but it's also well suited um just from a locationational perspective. Um so so when a potential tenant is uh looking uh to occupy a building like this or to establish a behavioral health treatment facility, um we're looking for for three major components. Um number one, we're looking for good commercial adjacency. Um, number two, we are also looking for a a high level um of ability for people um to thrive within a space. And so, hotels make a particularly good transitional location because they have long been used as transitional places. You know, people have stay at this Hampton Inn to to visit their families, uh to stay on a road trip, um to stay if their kitchen is getting rebuilt. Um and so for those same reasons, hotels are particularly well suited um for these 30 to 90day stays um for behavioral health treatment services. Um and then lastly, uh it's important also for the facility to have a level of privacy, right? So so

this is a medical facility. Um that's what's intended to be uh repurposed as. Um and and there just as there needs to be place and space for the community, there needs to be place and space for the clients who are being served there. Um, and this particular site is well suited for that. It's located off of, um, it's well accessible to family members and friends. Um, but it also, uh, is is set back from major roadways and is not adjacent to residential properties. Um, one of the things, uh, you know, that can appear, I think, obscure in all of these conditions of approval is is why like why why do we have them? Why are we presenting 22 conditions of approval as part of this application? And it's really because I don't have an I don't have uh a tenant uh standing next to me here tonight. Um and I don't have a tenant standing next to me here tonight. Um because as I'm sure many of you have sort of followed within the uh within this space in Minnesota, there's been a lot of disruption in the behavioral health and substance use um treatment community over the course of the last six months. Um, and one of the things that we have heard from the community as a whole, uh, is that we need to be proactive in creating spaces for residential treatment to occur and having them permitted so that a provider can come in and apply for their Minnesota license to operate at a facility. A provider cannot operate at a facility and cannot apply for their Minnesota license until it is permitted by the city where the underlying use is allowed. Um and so in order for us to begin that process which is this is the first step of a fairly significant licensing process um we need to create the space for an operator um to be able to move forward and and that's what we do through these conditions of approval. So the conditions of approval are uh developed by a three-party team that part that team is myself. I'm a land use and planning attorney uh who works heavily in the behavioral health treatment

space. Um and then Jason Lennox who's available uh for comments and questions on the phone tonight with one arrow group. Jason is a behavior behavioral health and substance use disorder treatment provider. Um he is a policy expert in this space and serves as a president um of the advocacy group that meets with the Minnesota legislature on these issues um and has pro and provided us with the staffing ratios, the public impact analysis um and all of the supplemental materials that are part of your packet to say how can a successful facility be run at this site. Um and we are not looking for a minimum standard for this site. Um the property owner is here with me tonight. Um, and we are seeking to run a best-in-class facility. And the conditions that we've put before you, we believe allows us to run a best-in-class facility um, at this particular location. And that's why we have offered them up, not because they're required by state statute, but because they're really required by a best practices analysis. Um, so, so one of the things that I heard asked, uh, preliminarily was, um, how is a, how is a staffing ratio modeled out? Um, so, uh, on every shift and and, um, within your packet and the public safety analysis, you see how we're intending to scale up this site. Um, we're not intending to have the maximum number of people to be served right away. Um, it has to be scaled over time in order for us to hire appropriately over time. And that's part of the plan that will be submitted to staff um, when we have a provider in place. Um but generally speaking at full occupancy um we'll have 8 to 10 uh technicians per day shift six four to six technicians per sleeping shift um which and this exceeds state standards. Um then uh during waking shift 8 uh drug licensed drug and alcohol c counselors um and then also uh 6 to eight I'm just reading my notes

here um and then six to eight uh nurses per awake ship and shift and uh 3 to five per sleeping shift with um an additional four mental health professionals um also present on the site. So we have a high contingency in terms of medical treatment professionals that are available on the site and that are here to to serve the people um who are coming here for service. Uh any questions in terms of the staffing ratios and and how that works out? Just to just to be really clear that there is a balance and a diversity of care needs. So we both have medical treatment, we have social emotional treatment, we have drug and alcohol counseling and then we also um have that mental health component. Yes, sure.

I do have one question. Um, when you're talking about staffing, I as reading through the materials there are is what the state requires and that's what I'm seeing in your ratios, but you're saying that you're actually going above what the state requires. Yes, that's correct. So, it's it's the mix of staffing that is in excess of the state requirements that we're proposing for this site.

Okay. Uh so then you one of the questions that I think is is really that that I'm hearing resonate uh uh in the with the commission is but where does the city have control? Um well as the city attorney will explain the city holds the cards in approving the seven plans that need to be submitted. Um so a provider is going to need to come forward uh and is going to need to demonstrate full compliance with these conditions of approval. Otherwise, the city is not going to allow for the use to operate. That is the that's the full stop. Um, and that's why we, you know, we we we tried to solve for the question of not having a provider here standing next to me. Um, and this is the solution that we've really come up with. Um, is that the city can be assured of all of the compliance mechanisms that it's looking for in a project like this. Um, because any provider who is going to operate within this building will need to comply with those conditions of approval. if they do not comp comply with it. So, if the city issues its seven uh permits and plans and it's reviewed by planning and police and fire and your building inspector and all of those things come back compliant and then the operator does not comply with those terms, the conditional use permit can be revoked. Um, and that's why those conditions of approval are really specific. Um, because oftentimes, as I'm sure the city attorney can opine on, conditions of approval um can often be very broad and they can be nebulous. Um, but if you have one condition of approval that's not being uh correctly monitored or or um complied with by an operator that allows you to bring that operator and the property owner in for revocation. Um, just one of those, right? So, it's not a mix of of uses. It's not a mix of uh how um whether or not it's close to compliance. These are really clear standards and they're intended to be

that way. and and fire and police would not have signed off on our plans had they not been so. Um and so I'd also just like to further reiterate um that these these are these are not thing yes they certainly originated from us but they originated from um from our coalition um as a basis to answer city questions and some hard questions from the city. Uh and um these have been narrowly tailored to specifically address uh the concerns that were raised by city staff um that were and were raised by your police and fire team um and to make sure that they're enforceable moving forward. Um and then you know the other thing that uh that certainly could be added as a condition of approval um but that we think is unsaid is that any lease holder any any lease agreement for this property would need to comply with the underlying conditions of approval. Now we are going to do that um from a compliance standpoint because uh we're not going to be a good landlord if we don't require that along the way. we have agreed to these conditions in advance of of selecting the users. Um and then lastly, I heard uh questions about modifications to the building as a whole. Um so there are no modifications planned for the exterior of the building. Um the first floor of the building does have a number of guest rooms that could be modified over time to create larger group therapy rooms. But again going back to sort of the underlying beneic beneficial nature of converting hotels to this potential use. Um is that it has a gym, it has a a large seating area for a kitchen. It has community spaces. Um it has a business center. It has many of the amenities that you would want to seek to build out uh for a behavioral health treatment facility and a long-term care facility. Um and and that's really and that goes back to sort of why we've targeted this type of a space. Um and then I certainly stand here ready to answer any of the your specific questions

question you talk about modeling. I don't know if you guys own facilities today.

Yes, absolutely. So, one of the um so some of the materials that were provided as part of the public impact safety analysis are facilities that we own and operate today um and where we have found providers who are operating at those spaces underneath similar conditions. Um and so we do have a facility in Eden Prairie that was um previously used as a long-term stay hotel. It has been transitioned to behavioral health that actually has a a broader continuum of care. So there's withdrawal and detox management at that site as well. Um so a little bit more diverse and higher on the medical focus for those needs. Um but it has operated and has been operational for um over six months now and is very successful. Um and and no police calls there either. And um oh another thing that I really want to focus on. So we we talked a little bit about security at this site. Um and I want to just sort of talk about the emphasis on security. um and that is that this is a secure facility for the people who are being served. This is not a locked facility. Okay? So this is not for people to be um to be kept away from anyone else. This is for for people to be to make sure that they have a monitored environment so that they have a space to to recover. um it is not intended it's it's not a locked facility in any way for those people um who are who are living within it

questions. So I think one of the the long-standing uh issues that we oftentimes see is that this is a very hypothetical use. Um it's not something that we necessarily have a tremendous amount of experience with um necessarily in your everyday role as planning commissioners. Um and so tonight uh for uh for your consideration this evening, we do have a number of members of your community um that have been through residential treatment and would like to tell you a little bit more about their experience um and how this building functions would function in practice. So thank you for your time and I am here to answer any questions um that you may have. Good evening, planning commission. Uh, my name is Rolando Ruiz. Um, and I stand before you someone that has battled addiction and the criminal justice system. Um, I went to Prior Lake High School. Um, and at the height of my addiction, I spent a lot of that time up and down this County Road 42 corridor, everywhere from Shakipi to Apple Valley and everywhere between, specifically the hotel areas. Spent a lot of time there getting high, using drugs, selling drugs. I was addicted to heroin. Um, spent a lot of time chasing darkness and living in that hopelessness and despair. And I know these spaces well. I know that there's spaces where people need help in this community, in that area. But also at the same time, I know that I was a problem in my in my addiction at that time. Not just to myself, to the community, but to law enforcement. Had the cops called on me plenty of times. Um, and welld deserving at the time. But the truth is, in the long run, jail isn't what isn't what did it for me. Jail didn't save me. It wasn't tickets. It wasn't restitution or community service, but it was long-term residential treatment. Um, it wasn't always glamorous being in long-term residential treatment, but it gave me a secure place to learn how to deal with

life to there were I was in a group setting where I learned to go to I was going to um doing groups counseling with people, doing going to church, going to do chores, doing to learn how to do everyday things that I didn't know how to do in my past life. And that's what I needed to get back out into the community. um a lot of group sessions, a lot of sharing, and you know, working through struggles with people that are in the same boat as me, head in the same direction. And it wasn't easy, but it what it did was give me a a a safe space for accountability, for structure, and stability, not just to get sober and stay sober, but to rebuild my life and actually create a life for myself outside of just getting high. Um, and that's what that's one of the reasons that this project means so much to me. um when I was asked to you know to be here is because I'm standing here before you someone that's been through these these programs and I'm standing here not just a stat a statistic I've been incarcerated seven and a half years altogether collectively between prisons jails and institutions but I stand here before you also uh a recent college graduate I just majored in minored in uh majored in marketing minored in biblical studies and as of November I stand before you a homeowner and also so I'm a taxpayer I'm a better brother I'm a better friend and a leader in the community. Um, and all that wouldn't have been able to happen without programs like this. It taught me how to be a a member of the society and pay my taxes even when I don't want to. But, um, those are just things that I've had to learn in situations like this because it was a controlled long-term environment that people took time to to groom me and to put me in that space. Um, so I'm living proof that programs like this work, that um, not everyone is a statist a statistic. And when you guys talk about these the beds 149 I see 149 opportunities for someone to be another version of me to get through their mess and be a productive member of society. So I strongly support this project and I wholeheartedly believe that it'll make Burnsville not just a healthier but a

safer place as well. Thank you for letting me share my story.

He joked that I didn't want to go after him and now I understand why. Uh my name is Robin Garcia and I am also here a member of the community. Um, I've actually been to 3.5 and 3.1 level of care. Um, I am also in long-term recovery. Um, prior to going to long-term, I struggled with addiction for 15 plus years. Um, I tried everything but residential treatment. Um, I went to NA, I went to AA, I went to jail, I went to the hospital, I went to detox, and finally I decided kind of towards the end of it that I just wanted to surrender. I wanted to do the one thing that I never was going to do, which was residential treatment. Um, so I did do a 30 to 90day highintensity program and then from there I actually transitioned to the low inensity residential program. So, I was in treatment for about six months um in some level of residential care. And I can say going into it that it was the structure and the compassion and the mental health um aspect of it that really allowed me to kind of lay a foundation that I still seven and a half years later use to this day. Um I am also a graduate of college. I am an LAC. Um, but I don't practice is that the assessments that they were stating at the beginning. Um, I work with multiple programs all over the state of Minnesota. Now, um, working to have as many assessments available as possible because I do know that that one assessment and the opportunity to go to a residential treatment center has the ability to completely change somebody's life. I would say that my life isn't just changed now, it's a whole new life. I also just recently bought a home. Never thought that was going to be possible. I didn't even think I'd be able to rent again because of my history and now I own a home. Um, and I spend

every single day dedicated to serving the community that helped save my life. So, thank you for listening. Thank you. All right. Is there anyone else who wishes to speak at the podium? Oh, we have one on Zoom. Oh, we have one here. Can you approach the podium on the same topic? Oh, did you want to approach the podium? Can I talk? Uh, sure. Yep. Approach the podium. Uh, share your name and your address for us. Okay. Yeah. I didn't um do a proposal written or anything like that.

Sure. But um I guess after something happened today, I just kind of wanted to see when the next city meeting was and wanted to go to it. My name is Karm Tanhoff. Is this in regards to the agenda topic or or what do you mean the agenda topic? Um the public hearing that we're discussing now for the planned unit development. No, it's not in regard to what they were This is a new topic. Oh, sure. Can I do that? Um, you know, I I think we we need to um continue on with this public hearing. Staff, do you have any recommendations?

I'm actually going to go to our city attorney for advisement on this one. So, the planning commission is hearing testimony on a potential redevelopment or different use of the property at 14400 Nichollet, if you're not here to talk on th that topic, then you should sit down. Okay. They'll conclude their discussion about this

and then I don't know whether this body typically has like an open mic type of No. So that do you you have the option of directing her to go to the city council? Yeah. Um that's a great point. after this meeting. I'm happy to talk to you. Um we can figure out next steps. See the process. Yep. I can talk to you because I would like to talk about it's regarding animals. Okay. Happy to talk to you after this meeting. Thank you so much. Thank you. Um it does look like we have one on Zoom. Hi there. Hi everybody.

Oh, there's State your name and address for us. Um, my name is Gina Evans and I live at um 28838 108 Street Northwest in Zimmerman, Minnesota. All right.

Um, I serve as the director of government relations at Minnesota Dalton Teen Challenge. I'm also the VB VP of the board of governors for March, the professional association, the professional association for addiction professionals here in Minnesota. I'm a founding board member of the Minnesota Justice Research Center as well. I grew up right here in Dakota County. I went to Sibly High School in Amber Grove Heights. Um, I grew up in a really traumatic, abusive, and chaotic home. um um and chaotic home characterized by drugs, alcohol, and violence. So, no one was surprised when at 13 I entered into my first short-term treatment program. Um and after that, I was in three more short-term treatment programs. And by short-term, I mean like just 30 days. Um, and then in 2003, I entered into a long-term treatment program where I spent 12 months learning who I was, how to regulate my feelings, how to cope with challenges and struggles, how to be a good neighbor and a productive member of society. I didn't learn all of my terrible coping behaviors in 30 days, and I needed more time than that in a long-term facility to be the best version of myself. In July, I celebrated 22 years of transformation and recovery. Like myself, some people need a run longer runway to get well, and I am petitioning this commission to approve a conditional use permit for a long-term care facility so that others like myself can find the same freedom that I've been blessed with. Thank you.

Thank you. All right. Is there anyone else on Zoom or in the chambers that would like to approach the podium? I am not seeing anyone. May I close the public hearing at 7:23? I can turn it to the commissioners now for any further discussion. Commissioners,

um, Thank you, chair. Um, definitely as as evidenced by the testimony, this type of facility does help a lot of people. Um, I'm I mean, I'll go out and say it. It's not the kind of thing that anybody really wants to have in their backyard, and that's part of the beauty of this site is it's really in nobody's backyard. Um, it seems like a I'm I'm expressing my support for the uh for the proposal uh based on the location and based on the testimony that we've heard and also want to commend the applicant for working with the city staff uh to go through a process and to meet all the city requirements. And uh that's I know that's uh it takes a lot of effort, but it also um means a lot that that they're trying to con, you know, to meet the city's uh meet the city's concerns. So that is my comment.

Thank you for your comment, commissioners. Any additional discussion, comments?

Commissioner Hamilton. So, I don't deny the importance of this type of facility. What I'm having a hard time wrapping my head around is the hypothetical aspect of all this. You know, it's there's not a tenant. We know nothing about we know nothing about any potential modifications interior. Um, you know, it uh I understand, you know, they've got the the the staffing ratio figured out, but I guess, you know, my it's I have too many unknowns.

Sure. That that I have to contemplate. Thank you, Commissioner Hamilton. Questions? No questions. Um, are you looking to entertain a motion?

I am. I I mean, I'd like to say that I think that um the use of the property, the conditional use of this property, I think is a beautiful use. I think it represents the values of Burnsville. It seems to represent the underlying comprehensive plan, at least from my perspective. Um, and I like the statement that best-in-class, you know, um, in such a gateway property could be a a great thing for for Burnsville to to have available. And so, I just wanted to make that statement. And yes, I would entertain a motion. Um, I'll make the motion. All right.

Okay. I have the paperwork in front of me so you don't have to put it on the screen. So, um, I move, uh, that we recommend to the city council the approval of the PUD amendment to allow underlying uses of the zoning district and and approval of the CUP to allow a long-term care facility use at 14400 Nicollet Court. The cup for a long-term facility shall be subject to the 26 conditions that are listed. And I think in in uh just for time purposes, we're not going to read all 26 conditions, but they are part of the public record. Um so that's my motion.

Thank you. We have a motion. Can I get a second? I'll second. Thank you, Commissioner Long. All right. All those in favor say I. I. I. Opposed. Say opposed. All right. Motion's carried. Correct. All right. We get to move on to the next agenda topic. Thank you all. Uh updates. Next planning commission meeting, September 8th.

Yes. Uh quick update for the commission. Um our next plan commission meeting will be on I said it earlier uh September 22nd I believe that's it is um the ETH will be cancelled. We have a couple application that aren't quite ready yet that we're working on that should be ready for the Monday September 22nd meeting. Also um since the last meeting we did have two items go before the city council for review and approval and I lost my notes and I apologize. Uh the first one was for um the city council unanimously approved um I deleted both my notes. I'm going off memory now. Um they did approve the intramuse permit for Chalet Golf. Um unanimously approved that one and um the CUP amendment at the Toyota dealership. Both those items were approved by the city council. And again, thank you everyone at that meeting. That was a little unique. Um, but we got through it. I thank you all Al for chairing that meeting and everything. Uh, thank you again and uh

yeah. Yeah, those two ads were approved by the city council at the LA at their last meeting. Apologize my notes are not up here. But that's it um for staff for updates. Beautiful. Thank you so much. And I think that leaves us with adjournment. Can I get a motion to adjurnn? Motion to adjurnn. Second. All those in favor? I. Any opposed? All right. Motion has passed. That's a wrap.