This transcript is from a **Planning Commission** meeting. While the context provided includes the City Council and key Directors, the primary speakers in this meeting are the **Commission Chair**, **Commission Members**, and **Mike Merla** (Planning Manager). [06:30 p.m.] **Chair:** 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/meetings 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. [06:31 p.m.] **Commissioner:** So moved. [06:31 p.m.] **Commissioner:** Second. [06:31 p.m.] **Chair:** All right. All those in favor say I. [06:31 p.m.] **Commissioners:** I. I. [06:31 p.m.] **Chair:** Oppose say nay. All right. Moving on. Our second agenda topic tonight is approval of the minutes from our February, not 23rd. Our last meeting. [06:31 p.m.] **Commissioner:** Yes. The the 9th. The 9th. 2026. [06:31 p.m.] **Chair:** Has anyone read those minutes from our prior meeting? And can I get a motion? [06:31 p.m.] **Commissioner:** Motion to accept the minutes. [06:31 p.m.] **Chair:** Perfect. [06:32 p.m.] **Commissioner:** Second. [06:32 p.m.] **Chair:** All those in favor say I. [06:32 p.m.] **Commissioners:** I. [06:32 p.m.] **Chair:** 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 kilns and allow storage of materials and equipment in the flood fringe at 1020 Cliff Road West. [06:32 p.m.] **Staff Member (Planning):** Thank you, chair, for that introduction. Today I'm going to talk briefly about Carba Incorporated's conditional use permit request and specifically it's to allow up to five kilns and allow the storage of materials and equipment in the flood fringe at 1020 Cliff Road West. This slide shows two images. The left-hand image is an aerial image of the subject site and the right hand is a zoning map. The left-hand image is a zoomed-in picture of Kramer Mining and Materials 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 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 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 production business and 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, sequesters carbon and oxidizes methane. Specifically, this proposal is for two conditional use permit requests. The first one is to allow a total of five kilns on the site. The subject property is guided as I2 district and within that district kilns require conditional use permits. Carba currently has a year-to-year lease with Kramer and intends to stay at the site at least up to five years or at least five years. In their initial phase, they tend to have one kiln on site for the production of their facility. In the future, they intend to add more kilns on site to a maximum of five kilns. 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 kilns. 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 applicant to provide a site survey of the property. Even though it showed that it is above the 100-year flood elevation, staff reviews the FEMA current maps. FEMA maps are the legally identified areas for floodplains and that is what staff do when we look at our reviews and look at these conditional use permits. And so therefore the applicant is requesting to allow the storage of materials and equipment in the flood fringe. These materials would include biochar production facility equipment such as a rotary dryer, the kilns, walking floor trailer, and other materials related to their business. This was originally going to be presented at tonight's meeting, but after further review, we did send this to other permitting agencies such as the Minnesota Department of Natural Resources and Lower Minnesota River Watershed District. We are waiting to hear more back from them to provide comment and review on the specific project proposal. 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. [06:36 p.m.] **Chair:** Beautiful. All right. Um, with that, do we ask questions of staff first? Any questions? Think— [06:36 p.m.] **Commissioner:** I have a question. Um, as I was reading this, is there a pollution aspect of this with pollutants ending up in the air from the kilns and ended up in the river? [06:37 p.m.] **Staff Member (Planning):** So, we we've been in close conversation with Carba 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 Carba, before they even spoke to us, they talked to the MPCA 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 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 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. [06:38 p.m.] **Chair:** All right. Beautiful question. [06:38 p.m.] **Commissioner:** Are there any buildings going to be on the site or just the kilns outside in the dryer? [06:38 p.m.] **Staff Member (Planning):** 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 of equipment that will be at the site. [06:38 p.m.] **Commissioner:** How are the kilns fired? Is it gas—natural gas or— [06:38 p.m.] **Staff Member (Planning):** 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 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. [06:39 p.m.] **Mike Merla (Planning Manager):** 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—not what you kind of think. It's kind of 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 an image of what the kiln will look like. 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 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 technical. [06:40 p.m.] **Chair:** 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. [06:40 p.m.] **Commissioner:** I'd like to make a motion that we continue the item to our next March 9th meeting. [06:40 p.m.] **Chair:** Beautiful. Can I get a second? [06:40 p.m.] **Commissioner:** Second. [06:40 p.m.] **Chair:** All those in favor say I. [06:40 p.m.] **Commissioners:** I. [06:40 p.m.] **Chair:** 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. [06:41 p.m.] **Mike Merla (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. RER Walton was the biggest one we did which is a comprehensive plan amendment rezoning. Um a lot of time went into that. We also had some other very complex projects as such as the Hampton Inn project and the Big Hits at the gateway. 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. This will be a rewrite, actually. It will not be like what we're doing for the zoning code. This will be a process where we find a subdivision code that we think is compatible with ours currently and then do a rewrite. Connor Jakes, our associate planner—actually senior planner now, recently promoted—he will be kind of leading the charge on that one with myself and that'll be the second through the fourth quarter. And then the 2050 comprehensive plan will be starting. We will be bringing that item to the city council's work session for guidance on the March 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 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 development review and such, but that is what's on tap for the work plan this year. On the screen is recommendation. I can stand for any questions. [06:44 p.m.] **Chair:** Commissioners, any questions? No. Do we need to make a motion of approval of that work plan? All right. Can I get a motion? [06:44 p.m.] **Commissioner:** I'll make a motion for the planning commission to approve the 2026 planning commission work plan. [06:44 p.m.] **Chair:** Beautiful. Can I get a second? [06:44 p.m.] **Commissioner:** I'll second that. [06:44 p.m.] **Chair:** All those in favor say I. [06:44 p.m.] **Commissioners:** I. I. [06:44 p.m.] **Chair:** Oppose say nay. All right. Work plan approved. [06:44 p.m.] **Mike Merla (Planning Manager):** Awesome. [06:45 p.m.] **Chair:** All right. Well, let's continue. The background. Our computers gets me. It's a manatee. [06:45 p.m.] **Mike Merla (Planning Manager):** Yeah. Start it out there. All right. So, this is our fourth session on this [Zoning Code Update]. We hopefully have one more after this. 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. Currently, all the general provisions are found in city code section 107 within the zoning code. There's 54 articles in there. The standards range from specific uses to general performance standards. It is a very broad section of code. It goes from everywhere from nuisances to non-conformities to cannabis to lot yard sizes and yard restrictions. So our intent here was to 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 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 articles before us. So we've reduced it from 54 to 21. Um and some of those other ones we moved into other chapters, too. But now the intent of the ones before us all are kind of a blanket across multiple zoning districts, not just specific uses. The first one here, I broke everything into a table... [Summarizes Chapters 109-1 through 109-19 including Demolition, Drainage, Wireless Facilities, Lighting, Outdoor Storage, Parking, Height, Agriculture, and Non-conformities]... 109-17 Nuisances. This one here is a bigger one. There is quite a few of them that we combine. Anything from 107-10 through 107-17 and then 107-20 were all combined into one article that covers all the nuances. Explosives, smoke, vibration, you name it, it's in that location now. [06:52 p.m.] **Mike Merla (Planning Manager):** We deleted a number of sections here. 107-28 Fall shelter buildings. Kind of outdated. 1980s. I don't know Ali, Commissioner, if you've done any fall shelter buildings lately, but— [06:52 p.m.] **Commissioner Ali:** No, we learned about them in school. [06:52 p.m.] **Mike Merla (Planning Manager):** So, long time ago. If they come back around, um, we'll figure it out. 107-32 manufactured homes—all covered in a zoning district currently. 107-37 public right-of-way—we have a public right-of-way chapter already. 107-38 LP gas exchange container display—a lot of that's regulated by building code. And then there's a number of reserve sections as well. 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. 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 signs are such a unique—it's like 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. I personally would try to remove it from the zoning code. I think that's something we'll talk about with our attorney—to relocate it outside the zoning code into its own section. So, that's it for now. You get a break on March 9th. Then we'll come back with the last three chapters: industrial planning, developments, and administration. And then we are done. This will go to council. Then I'll do similar presentations there. I appreciate all your work. You've seen me ramble up here over the last four meetings. So, we have one more. And, uh, I stand for any questions. [06:55 p.m.] **Chair:** Commissioners, any questions? [06:55 p.m.] **Commissioner:** It's been in the news lately—the whole idea of data centers. You know, I think Eagan has a moratorium, Farmington's in kind of chaos with it. Has council or the city going to adopt any type of policy or direction regarding data centers? [06:55 p.m.] **Mike Merla (Planning Manager):** 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 our community development director [Jeff Thompson]. 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. From my knowledge, a lot of times it's developing communities that have the most trouble with them. So, but that is a good question. I will bring that back to a future meeting. [06:56 p.m.] **Commissioner:** We have a Burnsville Center that doesn't have much in it. [06:56 p.m.] **Mike Merla (Planning Manager):** It's true. It's true. Luckily, that's all the districts it is not allowed in. So, we're good there. [06:56 p.m.] **Chair:** 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? [06:57 p.m.] **Commissioner:** No updates from commissioners. [06:57 p.m.] **Chair:** So, I'll turn it back to you [Mike]. [06:57 p.m.] **Mike Merla (Planning Manager):** All right. So, our next meeting will be on March 9th. Um I will not be present. I will be out of state. But our deputy community development director Travis Puy will be here along with staff. We'll have a couple items on that agenda. The Carba one will be continued and a couple other exciting projects as well. That is why we'll not be talking about the zoning code until the next meeting. Since the last meeting, at the last City Council meeting, two items were approved. The first one is the application of Clear Channel Outdoor for a preliminary and final plat at the corner of Shelby Street and Highway 13. And the other one was a conditional use permit for Route Kind Holdings LLC for a cannabis micro-business at 3200 Highway 13 West. It is worth noting that item was on the regular agenda. When this item was before us [the Commission], we did have one dissenting vote, Mr. Hamilton. The concern that was shared by the commission at that time was the number of uses. At that meeting, it was stated 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 and not purchase the property. However, the one cannabis use that was approved by this body 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. 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—the one that was recently approved for the cannabis micro-business just for retail that this body approved, and another one that'll be in on a future meeting here 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. [07:00 p.m.] **Chair:** All right. On that note, can I get a motion to adjourn the meeting? [07:00 p.m.] **Commissioner:** I move that we adjourn. [07:00 p.m.] **Chair:** Beautiful. [07:00 p.m.] **Commissioner:** Second the motion. [07:00 p.m.] **Chair:** All those in favor say I. [07:00 p.m.] **Commissioners:** I. [07:00 p.m.] **Chair:** All right, that's a wrap. [07:00 p.m.] **Mike Merla (Planning Manager):** That was way too quick.