Well, good evening and welcome. It is Monday, March the 27th, 6:30 p.m. So, I'm calling to order this meeting of the Burnsville Planning Commission. Tonight's planning commission meeting is being held both personally and virtually by using Zoom. As a chair, I'll be leading tonight's planning commission meeting, and the public's welcome to participate when invited throughout the meeting. Members of the public may not who may not attend the meeting in person can join via online Zoom. U additional instructions on how to participate are posted online on our Burnsville website, burnsvillemn.gov under the public meeting calendar. As usual, tonight's meeting is available for viewing on BCTV and on the city's website. And if you're unable to participate this evening and would like to submit public testimony, I encourage you to email to p uh your comments to city staff or mail them directly to city hall, you may participate using Zoom. Um that's Zoom. usjoin and you would use the meeting number 8925648296. Once you're logged into the meeting, please use the chat feature to tell the moderator which item you wish which wish to speak to. Uh if you experience audio problems, we suggest you leave the meeting. Try rejoining. It usually fixes the issue. You can also participate by calling us on the telephone 651-3728299. Meeting ID is 89205648296. Can grab a pen? That's okay. It's all online under the um Burnsville website. Uh burnsvillemn.gov. And for each public hearing, I'll open up a time when callers can speak to that item and I'll give more instructions at that time. Your call will be muted until then. And also notice that there might be a slight delay. So if you have something going on in the background, like a computer or the TV you're watching, just turn down the volume for us. We'd really appreciate that. With that, I will um have look at the agenda. We should have received it in our packets. Um members, did you any changes to the agenda? No changes. Commissioners, any staff? No changes from staff. No changes. Can we go for an approval? Commissioner Bradock. Motion to approve. Motion made by Commissioner Bradock. Commissioner Anderson. I second that. Second by Commissioner Anderson. All in favor, please signify by saying I. I. And no one opposes. That's unanimous. We also should have had the meeting minutes from the last meeting, which I believe was two weeks ago. Any changes? Uh, commissioners. None. Seeing none. Staff, any changes to the meeting minutes? No changes. Okay. Look for a motion. Commissioner Timberman. Move to approve the March 13th. March 13th. Look at this. Look at this. Teachers Pat. I like it. Commissioner Bradock. Second. Second by Commissioner Bradock. All in favor, please signify by saying I. I. Motion passes. With that, we're going to move to our third item on the agenda, and that is a public hearing for the application of MWF properties for preliminary and final plat of Gateway Housing, second edition, to consolidate nine parcels into one big lot at 301 to 3:15 Concord Place. Here to present is Sarah Madden. She's one of our city planners. Miss Madden, the floor is yours. Thank you, chair. Good evening, planning commissioners. As mentioned, the public hearing this evening is related to a subdivision application uh for a lot combination. Um so this particular property that we'll be looking at this evening is located uh within heart of the city uh to the west of that main kind of downtown core off of Nicola um in the transit oriented development zoning district. Um so the site itself is um associated with the gateway housing plat that was approved in 2021. Um, so this would be the second addition to that subdivision and it is located on properties immediately adjacent to those uh uh two properties from the previous subdivision and the two buildings which are uh in kind of two different levels of construction there off of uh Gateway Boulevard and Pleasant Avenue. Um so the site itself is uh currently home to there's an existing town office development uh part of the original development that was intended for this uh particular kind of triangle of land prior to uh remaining vacant and then later platted into the uh development that's under construction today. Um so the applicant has expressed um an intent for uh future plans for an additional residential development to be located here. Uh the application that we're reviewing this evening is related to the subdivision itself for the property and not uh the future development plans which would be reviewed um administratively through building permit at a later date. Uh so shown here is the uh preliminary plat. This is the existing conditions of the site itself. Um so just west of Pleasant Avenue and again that existing town office development that consists of the eight individual town office lots um the uh common area of the lot uh to the north is vacated rightway for a former street Concord place. This street was vacated um a number of years ago following the um as the development never moved forward with the later phases for additional town offices. So, um the street was never constructed in its uh vacated right of way. Um also to be included in the um plans for their preliminary and final plot this evening is a request for uh vacated right ofway along Pleasant Avenue South. Um that vacated rightway portion is also a separate application to the city that will be reviewed at a public hearing at the April 4th city council meeting um in conjunction with this application uh were to move forward from the meeting this evening. So the lot itself it's approximately um 1.3 acres in size um and there again there are existing buildings on it. the in your packet there are more information about the preliminary plans that have been provided to us um and in your background here this evening uh later I will show the preliminary removals plan and site plan for the future use so shown here uh final plat um the final um acreage with the approval of the vacated rightway would be about 1.386 acres so increasing the size of that lot and then the applicant's request is related to that consistent rideway line running north south along Pleasant Avenue and um all of the properties the the existing common area and the eight town office lots would be combined into one singular lot. So uh shown here is the uh provided uh by the applicant a removals plan for later development on the site. Um so would of course uh with a planned future development include the removal of the the buildings themselves, the existing parking area um and other uh landscape materials. Um and the provided preliminary uh site plan does show um an additional phase of a uh multif family attached um apartment building uh preliminary in their plans of a possible proposal of a1 units I believe uh which may change following this. So a um multif family housing uh whether that's apartments, condominiums, things like that or a permitted use within the transit oriented development district. Um so we would be reviewing uh later on uh with the applicant a building permit and site plan review related to that. The applicant has expressed their intent to come in meeting all aspects of city code uh with no requests for variances or other land use approvals. Um and that is why it is a review of the plat solely uh this evening. Um some considerations related to that um and related to conditions attached to the recommendation this evening um is the requirement for an environmental assessment worksheet and EAW. Um there are statutory requirements um related to the triggers for an environmental review of proposals and with this um projection of the future multif family apartment building um the unit count of the proposal or what would be permitted in a proposal with the underlying zoning in combination with what is existing and has been approved in the last three years um hits a threshold provided by state statute of 375 units would be threshold um with the maximum allowed by zoning the proposal would be about 422 to 23 units uh which would exceed that 375 uh triggering this mandatory review. So the applicant is aware of the um requirement for the environmental assessment worksheet and would be uh beginning to prepare that following uh their subdivision approval. Um so with that um that would all occur prior to any um administrative site plan review and building permit um for a proposal in the transit oriented development district. Um also under consideration with this application are development fees um also included as a condition and mentioned in the engineering staff section of the report um which does include park dedication for a proposed number of units. Uh with that uh staff is recommending approval of the preliminary and final plat of the new subdivision uh subject to the five conditions listed here and in your background report. Um so the first is related to the requirement for an environmental assessment worksheet uh to be completed uh prior to building permit. Um that a tree removal permit uh would be necessary uh prior to removal of trees on the property. Um uh the last three conditions are related to the engineering section of the report that um outstanding comments be addressed adequately. Um the storm water maintenance agreement uh be executed and recorded prior to building permit and then as mentioned the requirement for development fees um paid to the uh city prior to releasing the signed plat. Um so in that engineering uh staff report section it did mention that uh depending on proposed number of units that that number could change. Um so with that I can stand for questions this evening. Um it is a public hearing. Um and also the applicant or a representative from the applicant team is available in the audience if necessary to answer uh specific questions from the commission. Great. Thank you. Um any questions for Miss Madden commissioners? So we're we're combining eight eight plats basically here. And is there any word on um how tall this is going to be? Is it I mean 111 units would mean it would go up if it was actually to go forward. Uh yes, approximately four stories in similar uh construction style to the previous phases that have been um either completed or under construction by this uh developer on this same area. Okay. And the developer right now does own all the different plots to put together. Basically, um at this time they have a uh purchase agreement in place and we have um information on the application showing signatures on the application for the current owners uh of all of the properties. Okay. And um one other question, why an environment? So the environmental review I get because of the you know over the threshold is it just too many people in one area was the thought process or do you have any um so there's uh multiple triggers for this type of environmental review and when it comes to when it is triggered for housing specifically uh there's a specific number of um multif family attached or apartment essentially units where that environmental um assessment worksheet is um required. Uh so uh the statute also provides for um scenarios such as this one where it did not hit that threshold with the first phase of the development but uh within three years additional um phases can be conducted and then now we go back and and do that environmental review. Um so what we would be um or what the applicant would be looking at um and the city would be um possible effects of the increase in density. Um these are things that have been considered as part of the city's comprehensive plan. Um what would be proposed is consistent with what is permitted uh with the zoning ordinance related to density. Um so it is information that um needs to be reviewed as part of a statutory requirement and that the city would be looking at for um any impacts related to the study that they'll be conducting. However, it is um consistent with the development um land use plans that the city has in place for heart of the city and for the transit oriented development district. Okay. Thank you. Uh Commissioner Timberman. Um you know looking at this I think it's a good use of the property. I think it fits in with the vision of Heart of the City. Um I like I mean we saw a very early rendering there of what it might look like and I think that is situated nicely. Um I am curious and this is unrelated to the project but I'm curious what is to the north of that or has that been developed? Developed. That's the one with the Um that's the he's looking at the triangle up top. Yeah. Uh so the aerial portion of the photo is not quite zoomed out uh to that extent. But so the northern property uh is the building that's under construction the most. I guess the one that's more currently actively under construction. I believe the one directly to the west uh is close to completion. Um so uh the northern building is a senior housing development. The western building is um a non-aggerrestricted uh development and then the subject site has a potential to also be a senior living related development. Um but we don't have those kind of formality um information at this time. All right, good. Thank you. I thought there was something going up there, but Google hasn't updated obviously. All right, thank you very much. Any other questions for city staff? Commissioner Wallace? Yeah, just one question on the access road to the property. I mean, since they do go right up next to Pleasant, see, there's no access there. Is a rightaway or an access right away required to go out to what is it? Gateway Boulevard. Um, so the existing access is uh currently granted through a an access easement. Um and they with their uh proposal are um continuing to use that access um and then will be uh at least with preliminary site plan continuing uh adjacent access to other the other two sites that are part of their same developers um properties. So that would be that they would maintain the existing access from that access road to the south off of um Pleasant. Right. Thank you. Yes, Mr. Deman. I did have one more question that I forgot to ask. Um can you remind me what the multimodal is in this area? I mean, would there be consideration for bike lane along Pleasant? Um, I might have to defer to our engineering consultant for a portion of your question because I'm unsure off the top of my head of the multimodal plans uh specifics for any like on street or similar bike lanes. Uh, with the applicant's proposal and the preliminary plans, um, they are showing an extension of the the sidewalk connection. This is not a currently existing sidewalk. So, this would be something that is installed um and has been discussed with the applicant that it's something that we would be looking for um with a future proposal. Okay, that that piece answers my question or concern. So, I think that's good to make sure that's included. All right, Commissioner Wad. So, the easement uh on Pleasant on the east side of the property uh that there that it's going to be vacated. The vacation of that just makes it line up with the property to the north, right? So, that easement has been vacated on adjacent properties or necessarily I don't believe that it was vacated on previous properties, but it was an existing condition of the two separate property shapes. uh it may have been vacated in the past. Um so you can kind of see in the aerial photo here that the to the north uh the right ofway line is further out than here. So the request is for the vacated Yeah. right ofway to be consistent that makes it line up all the way to make it line up. Yes. So um and that portion of it is through the vacation application which is a hearing at the city council level and not at the planning commission. Thank you. Any other questions for city staff? Did Do you want Miss Lloyd to answer your question from before? I don't think so. Okay, we're good. All right. Not that I don't want to hear from you. We have plenty for her later. Anyway, this is a public hearing. It is uh 6:47. I will open it up for uh public. If you have a comment or question you would like to address, you can step up to the lect turn and um state your name and address for the record. Otherwise, if anybody's on Zoom, I just got that answer a second ago. Okay, it doesn't look like anybody's on Zoom. Well, then it is uh 6:48 and I will close the public hearing. The applicant is um in the crowd if you wouldn't mind coming up. If you could just state your name and address for the record. Thank you. Sure. Thank you, commissioners. Matt Yeter with MWF Properties. Address is 7645 uh Lindale Avenue South in Richfield. Okay. Um Sarah covered it uh uh pretty well. You know, we we um are excited about the opportunity in this area. We think it's a it's a a great fit for um the project we're proposing and hopeful to um serve some some additional senior households through this development. Um construction is is progressing well on our other two phases over there. We're hopeful to open the first project here in July um and then the second phase in October. So, um, moving along there and, uh, excited about, uh, the future of the area and and, uh, grateful for your your consideration, um, of our request today. Very excited. Any questions for the applicant, commissioners? Yeah, we're we're very grateful they chose to come to Burnsville first off. And yeah, it must be exciting getting those buildings going. Uh, is it the apartment complex that is going to be finished first or is that the senior living? So, what's the, uh, non-agger restricted project that will be finished first? Okay. Um and then the 55 plus building will be following in September or October of of this year. Okay. Great. Great. And you're consolidating the lands together. Um I'm I'm assuming you don't have a timetable for when you would move forward with the other plans. Yeah. So, um you know, depending on how this process goes, ideally we'd um like to begin construction this fall. Oh, wow. um is kind of our what our our timeline look is is looking like and and it's about a 13 to 15 month construction period. So sometime in in late 2024, you know, early 2025 would be when that project would be wrapping up. So I'm sure you'll be coming back here for that as well. That's okay. We're good people. We don't bite. Thank you so much for uh joining us today. Thank you, commissioners. So commissioners uh we have a plan in front of us. Do you want to discuss commissioner? Do you have to close the public? I close the public. Okay. Thank you. Any comments? Any motions? Any emotions? Commissioner Anderson? Um yeah, I think it's a a great project. It's going to be a nice addition here to the city of Burnsville. And I would like to make a motion um that see their little fun. I like to read it. No, no, that's fine. I thought you would have memorized it by now. I was trying. Sorry. I would like to make a motion uh that the planning commission recommend to the city council approval of the preliminary and final plat of Gateway Housing, second edition, subject to the following five conditions. All right, we got a motion by Commissioner Anderson. Do I have a second? Commissioner Wad. I'll second that. Second by Commissioner Wad. All in favor, please signify by saying I. I. That is unanimous. It will be on the consent agenda for our city council meeting. If I was smarter, I would have wrote down that date, but it's going to be next Tuesday at 5:30 p.m. April 4th, I believe. That that Tuesday, April 4th. That is next Tuesday, isn't it? I don't. Close enough. Anyway, moving on. Next, we have another public hearing. is the application for Booze Development Group Incorporated for a plan unit development amendment to construct a new Jamba Juice in Auntie Ann's drive-thru only restaurant on the vacant lot located southeast of intersection County Road 42 in Newton Avenue at 2111 County Road 42 West. Here to present is our other city planner, Miss Dev Geros. Miss Geros, the floor is yours. Thank you, commissioners. Um, similar to the last application, we do have a representative of the applicant that's here this evening. Um, his name is Corey uh Eggland and he is the project manager from Reprise. So, um, and there are, I think, others that are going to be joining as well um, electronically. So, it's a great project. The subject site is a vacant piece of property. Uh, it actually has been vacant for quite some time. It was formally part of the Wendy's lot. Uh if you're familiar with that, it zoned B3, which is highway commercial and planned unit development. The planned unit development really was just intended for the Wendy's itself, which was all of included this subject site, and then a retail um development just to the east of that. And here you can see the subject site. It's a corner property. um actually has got frontage on three different streets. So um it's unique in that respect. The lot does meet all of the requirements for the B3 zoning district. Um however, it um it is relatively um kind of difficult to u develop because of some existing topography and existing easements there. Uh the site right across the street to the west is the Caribou Coffee Hut. So this is somewhat similar to that and this is a drive-through only uh type restaurant. So the um PUD dates back to 1996. Um something that you will want to note is that at that point in time all of these parcels were combined and then they platted with just two separate parcels. There was a requirement in this PUD for only one freestanding sign to be allowed. So, Discount Tire and Wendy's are both on the same sign. Uh the applicant would like to have their own sign, which is something that is reasonable. Uh so, one of the deviations that they are requesting is that uh they are able to have their own uh freestanding sign, which would be located uh near the front of the lot in this location. the proposed use. That's really the purpose of the PUD amendment is to establish a use because one wasn't established at the time the lot was created. So that would be for a um restaurant type use. The site is8 acres. Um the building footprint, it's a small building like the Caribou Coffee. It's,028 square ft. Um they are uh proposing and the PUD benefits include um more green space than required. Um they are providing 35% green space in the B3 district. The ordinance standard is 25. They are also um providing more green space within the parking lot 10.8% as opposed to 3% and then u more building perimeter landscaping as well um typically 50% and they are providing 65%. So, in terms of the benefits, um we talked about the green space. They're also providing uh for some decorative exterior wall sconces and that's something in the um architectural review tool that is looked at as a positive for a benefit. And then LED parking or light fixtures, if you will, in the parking lot. In terms of the deviations, uh there are a few. One is because this is a three-sided lot. The trash enclosure is proposed in front of the building on the south side. So to meet the ordinance which says that accessory buildings can't be forward of a principal building, they would need a deviation and we feel that this is uh something that's reasonable considering it's a three-sided three front yard sided lot. Uh they also are going to be putting in installing a fairly tall retaining wall and the ordinance uh has a conditional use permit or in this case PUD requirement any times that the retaining wall is going to be taller than 8 ft in the rear yard or sideyard. In this one the height of the retaining wall at its highest point is about 19 ft uh or a little bit over. So it is going to be a pretty tall retaining wall. Uh they are also requesting a deviation for parking stalls to have 17 as opposed to 19 that the ordinance requires and I'll get to that uh when we get to that section. Also to allow the drive-thru lanes themselves to be more narrow 10t as opposed to 14 ft and we'll talk about that as well. We talked about the PUD deviation for the separate sign. One additional sign standard is that uh the requirement for new freestanding signs is that there be at least 300 feet of separation to other existing signs. Uh in this case they're able to do that um to the Wendy's sign to the east uh but to the west they're closer than 300 ft to the caribou sign. So that's the deviation that's requested. As far as site constraints um we talked about the three front yards. There is also this large 66- foot natural gas easement that um crosses the southern uh part of the lot which um is nothing can really be constructed within that uh except the gas company will allow a parking lot to be installed within that. Uh there is um pretty severe topography. It's not the steep slopes that require a conditional use permit per se. They're not quite that steep, but next to they're like 32%. So really in order to make the site um developable they are going to uh be removing the majority of that slope area if you will and then putting in retaining walls along the north and east property lines. So in terms of the site plan a couple of things that are being proposed. We've got the building um in the northern part of the lot. Basically there there's one access that's proposed off of Newton Avenue. Uh so vehicles will come in and circulate via their two different drive lanes, drive-through lanes. Uh and then they come together and the pickup window is on the northwest corner of the building. There's also a bypass lane all the way all the way around so vehicles can get out if they need to. In addition to that, uh the applicant is showing a new sidewalk that's going to be installed and this will make a connection where there currently is not one. And then they're providing for concrete uh pedestrian connections from the restaurant over to the existing sidewalk and from the restaurant site down through the parking lot to the trash enclosure. In this location, they have provided a truck turning exhibit for fire trucks. This is one of the things that um we wanted to see to make sure that our largest fire trucks can uh maneuver through the site. Uh and they can. That's also part of the um rationale for allowing a little bit narrower drive lane. um because even though the drive lanes are a little bit narrower, the big trucks can still maneuver through the site. So, our fire department does not have an issue with that. In terms of the grading plan, uh basically the big the big black line is the retaining wall that will be installed. And what uh what is being proposed here? The retaining wall is 5 ft from the side property line and there is a 10-ft platted drainage and utility easement. So the city engineer had recommended um we don't want from the city standpoint to have retaining walls and different things in our easements. Um however the standard sideyard easement is five feet and in taking a look at the site um the city engineer felt that they could vacate 5 ft of that. Uh there is an application for part of that drainage and utility easement to be vacated. Again that will be considered by the council at the April 4th meeting. uh they are proposing an underground uh infiltration system kind of on the southwest part of the lot and then um because the retaining wall uh is taller than 5T uh they are proposing a decorative type metal um safety fence. In terms of the floor plan uh it's relatively simple because it's mostly kitchen. Um they are not going to have any indoor seating uh available. Um to the right is the north So, what what they'll have is this is the main drive-thru window here. There's also a small window and there is a um a small seating area for up to eight people. So, if people want to ride their bikes or walk, come in. Uh they'll be able to to um sit outside and and um be able to do that. The restroom will be public, open to the public. Um but that's about it. So, otherwise, it's it's the kitchen. And then they are proposing an exterior cooler which is an application is great because most of the time they don't propose these upfront and then when they uh decide they need them they don't need our screening ordinance. Uh in this case the applicant u put them up front uh it'll be screened by a wall with the matching uh exterior materials as the rest of the uh building. They're looking at their hours basically from 7 to 10 Sunday through Thursday and then on Friday and Saturday 7 in the morning until midnight. They have four employees on their maximum work shift. Um and we did include there is a standard condition in the ordinance. um providing for especially restaurants if there are any odors that are emitted that within a thousand feet. If you're within a thousand feet of a residential subdivision, which there is one to the north, um you need to put in or install filters so that those odors don't emanate. For this particular application, they don't have an issue with that um because they're not going to be doing that type of um cooking, etc. where there should be odors. So staff is recommending a condition that in the future if equipment is changed out or if they have different products, a different restaurant comes in and you get that type of situation that they would need to install the equipment at that time. In terms of exterior materials, um the north is in the upper corner here and this is facing County Road 42 and then the south is facing 142nd and a half street to the south. And this part here is where the coolers are. And basically they're having a combination of um manufactured brick, you know, um manufactured brick veneer um in two colors, uh white and kind of a tan. And then they're also doing a stone veneer, which is um it looks more like a wood veneer, but it's stone. So kind of neat product. Metal edge trim. And then the light fixtures here on the bottom. Those are the um the decorative light fixtures and there'll be six of them. They are showing that there are the parapit walls are five feet tall. So screening of the um rooftop equipment will be provided for. And then these are the sides. Um the west elevation is what most people will see. Uh and then we have the east elevation which is going to face um Wendy's. And there is a canopy that's proposed along the front uh and the side here. Um and then there are a couple of awnings that are proposed above the drive-through windows and then one in back. These are metal awnings. And the light sconce um that's a decorative light sconce is up in the right hand corner and those are six of those that are proposed. In terms of signage, again, the types of signs that are proposed, they do meet the ordinance because they have three sides facing a street, they get quite a bit of signage, although it's a small building, so doesn't really result in all that much, but um 16% of each building facade facing the street. So, the total is 320 ft of signage for the entire site. Um with all the signs they're proposing, there at 223, so well below what the ordinance allows. The deviation is again for another um sign that's closer than 300 feet and the freestanding sign is proposed here. It's 28 feet tall which is permitted for the speed limit that's along County Road 42. See here and we talked about both of the deviations. Caribou sign is uh less than 200 ft. In terms of the landscape plan, uh they have done a nice job with their landscaping. Uh there's a lot of uh landscaping that's proposed around the um area. This is going to be similar to Caribou. Um but they've got the seating area that's nicely landscaped, nice landscaping around the building. Uh again, much more than what is required by the ordinance. And then they are providing additional landscaping and screening basically from the parking lot which is required by the ordinance on the south side. They're not able to put that screening in for the parking lot due to the um natural gas easement. The uh gas company will allow some limited plantings. So there are some shrubs um that they would allow but um they only allow it to a certain extent and they restrict anything within x proximity of the actual pipeline. So the site plan does meet the ordinance for landscaping. Uh we talked about the green space. The site will be irrigated as required and um the deviations are for screening along the south uh due to the easement. And then there is a deviation that's requested for the trash enclosure. We discussed this. It's in front of the building. It almost has to be. Um, so, um, staff is recommending one condition that, uh, they turn the trash enclosure so that the gates, uh, face to the north or northerly as opposed to, um, being able to be seen, uh, directly from the street. In terms of the trash enclosure and the retaining wall, they'll both be split face block, uh, similar colors to the building. Uh and the gates will be metal panels in a dark bronze color and that's the trim color uh proposed and then also for the canopies and awnings. The lighting plan also meets the ordinance in terms of photometrics and they're um putting in four parking lot lights which are LED lights. So meets all the ordinance requirements. Then for the utility plan we did talk that they're doing an underground infiltration system. One of the thing that's is going to be needed in a condition that's included is for them to sign a storm water uh maintenance agreement or a lid agreement for uh them to continue maintenance of the property. Also that the 5-ft drainage and utility easement be vacated for the retaining wall. And then there are some minor conditions in the city engineers memo which is included in your packet and there's a condition that those be met as well. the erosion control plan uh I won't go over but if there are any questions from the commissioners related to erosion control it's included and the engineer indicated that there are three different permits that will be needed uh for construction of the right of way uh construction of the retaining wall that's a separate permit and the um MPDES uh general permit which deals with the erosion control the recommendation from staff. Uh we are recommending approval of the project subject to I believe there are 10 total conditions. We have talked about most of these. Um number one is that conditions of the previously approved PUD stay intact with the exception of F and F is the one that uh limits them from having their own sign. And then we also added similar to uh many of the other applications we get that in the future um as long as the uses in the underlying B3 zone if something else comes along in the future to locate there that's something that could be built without needing a separate PUD amendment. Of course they'd have to meet all the requirements. Um we talked about the odor reducing equipment. That's condition three. The trash enclosure uh to face towards the north is item four. standard condition for signed permits to be obtained. And then item six, um we've had this a couple of times, but this is um kind of more specific language that's recommended by the city engineer or excuse me, city attorney so that when we have a previous PUD or conditional use permit and you're rescending part of it or a condition or the entire thing, there's some specific language that's recommended and that's what item six does. um the vacation be applied for. The applicant has made application. Public hearing will be April 4th. Um we just identify the cash securities that are required um at the time they supply or apply for building permit, the storm water maintenance agreement and then the outstanding conditions of the city engineer. So with that, I stand for questions. Well, thank you Miss Geros. As she had mentioned, both her and Sarah Lloyd are available for questions. Any questions? Commissioner, Commissioner Wallace. Yes, Miss Geral just wanted Could you go back to the inside design of the building for me, please? The floor plan? Yes. Thank you. Because you didn't Yeah. Perfect. And you said that that is a public restroom. Yes. And so the access they'd have to walk through the kitchen to get to that restroom or um I believe that the access is at this point here on the rear. Excuse me. Um, so if they were at the front counter ordering something, they'd have to go back outside and around the building to use the restroom. They would be ordering from outside. Um, the order it's a walk up window that they can order at, but yes, they walk around. That walk up window is on the opposite side though, correct? Yes, it's on. So, is there a sidewalk or something or are they walking through the cars or I guess that's my question. And how do they get to the rear of the building safely to use said restroom? See a good one that shows the um and I can have the applicant address this too, but basically there is um cement, you know, sidewalk patio area and then all the way around and then all the way to the south side and then there are the connections to the sidewalk and then down to the trash enclosure. Oh, so that is walkable there on the Okay. Yep. Thank Thank you for that explanation. That answers my question. Great question. That's a good question. Any other questions, Commissioners? Commissioner Anderson, I was just curious. Um, you mentioned the the height of the sign is okay based on the speed limit of 42. Is that I I I'm just not familiar with how that rule works. It It's dictated by the the speed limit of the the road. Yes, it is. It's something that's very easy for staff to administer and for applicants of all kinds to understand. Yeah, we actually do have a um a way of figuring out what those speed limits are. It used to be Google and then try to walk until you find a sign. Um but we we have an actual, you know, uh application now, GIS application that shows us that. But yeah, and I think the intent was to allow taller and larger signs when you've got higher traffic, you know, especially along like the interstates and 42 being arterial type roads to allow that. But yes, we do depending on the depending on the speed limit. The sign size is different for freestanding signs. I did not know that. That's that's cool. Um I was also wondering too, if you're um heading west on 42, can you turn onto Newton from there or is there a divide? You can let's see. I I think it's one way. You can turn. You can turn in. If you're Is there one heading? If you're going west, you can turn south. Okay. There is one there. And if you're going east, you can turn north, but not opposite of that. Okay. I didn't know if they're going to have to do U-turns a lot just to get to it. So, I was kind of curious. Yeah. Pure. Oh, there we go. Yeah. I mean, if you start at the bubble barn and you go for a coffee, follow up with a pretzel, right? It's already there. Not that I know. Not that he's been thinking about this at all. No. Any other questions? Commissioners, Commissioner Timber. Um, I saw on what it looked to be labeled as like a civil engineering plan or something something about snow removal or or it was a different map and it said snow removal is on a different image. But I am curious where is snow going and is that going to um affect the parking stalls there? And then you know the actual question is that radius for the fire truck was really really tight. How how sure are we that the truck is going to be able to make it around that during the winter time? The fire marshall did look at it and he felt comfortable with it. Yep. Good. Um, and the reason being is that they have this bypass lane. So, all of this is going to be plowed. Okay. Basically, and where they're storing snow is um south of the parking lot in this area here. It's within the easement. Um, but it's also an area that um is allowed to have snow. And that's also the area then will that will feed into the infiltration basin or excuse me the underground infiltration that's proposed. So it won't be it will not take up any parking spaces. Um and it also will not be done in where there's landscaping. I saw Lee doing this and that's what I was thinking like they could have a third business and do like sledding or something. Well, there is that lot to the south that hasn't developed yet. Got still got a nice heel there. That's right. Yeah. All right. Thanks. Sure. Any other questions, commissioners? My questions have to do with a retaining wall. So, it looks like there are some retaining walls existing. Are they building onto that retaining wall? Do you know, Miss Lloyd, are they I believe uh chair, these are new retaining walls that they will need to have engineered drawings for. Okay. So, they have to take out the walls that are currently there. Guess I'll confirm that with the applicant, but yes, I believe there are new retaining walls for the site within that uh easement that will be vacated that's been proposed. Now, I noticed on some of the um paperwork on there, this is a 20ft wall, so it's pretty high up there. I was wandering around up by Wendy's there, and it looks like there's like a maybe a three-foot, maybe three and a half foot that could easily be tumbled over. You what what is the rules on that as far as a retaining wall is concerned? How tall does the fence have to be? Uh, I believe it's this 42 in um fence. And if a retaining wall is over 5T, I believe is the city code for then requiring the fence on top of the retaining wall. Just like a deck basically, I suppose. Yeah. So, it be like a 4 foot for sure. Or 42 is three and a half, right? I can do math. It's fine. Um, okay. You're only con No, right. Yeah. We're not supposed to say that in public. Okay, that makes sense. And then uh I I guess that's the only question I had thus far. Everything else looks great to me actually. Um with that, I would like to invite the applicant that would like to come up and answer any of our great questions. Love to have you here. Thanks for joining us tonight. Um thank you for the opportunity. U I'm Sam Mara with Bose Development. Our office is in Clearwater, Florida. So um we are excited to bring this opportunity over here, bring the business and um develop this um vacated um undeveloped lot and might bring some pretzels and coffee over here too. So that's our intent. You can always bribe us with food. Not you're right. You're right. We'll have the lawyers here in a minute. Any questions for the applicants? Commissioners, do you guys have any other stores in Minnesota here? Not yet. We are looking at other properties. Uh we want to bring in somewhere around like six to seven stores. So we are looking at other properties, too. But this was the first one. It's going to be the first one in Minnesota. Wow. All right. That's awesome. Mr. Tan, is this the kind of the business concept to do these drive-thru only kind of like the caribou next door where Yes. Each of those six or seven stores will be similar to this. Yep. Yep. And uh what we are doing is we are combining two concepts. So one is NTNs and the other one is Jamba Juice. So Jamba Juice is just the juice um slushies and things like that and NTNs provides your pretzels and lemonades and coffees and things like that. So that's that's the intent. Okay. But uh the important thing is to uh take the cost down to the construction cost. If you build uh 200 2,000 square ft² building, it is significant construction cost. So this brings the cost down too. So that is the intent. Are you hoping to capture traffic off 42 or biking traffic or obviously all the above but what was the intent of that location? Well uh the intent was that uh there is an existing coffee uh caribou coffee running over there. So you look at the uh market first. So we looked at Wendy's. So this was where uh this is what is missing. So we are trying to bring that but yes capture as much traffic as we can too but most importantly the market conditions too in good deal. Well I appreciate you coming to Burnsville. Any other questions commissioners before I close out? Thank you so much and thanks for uh presenting to us. I really appreciate that. Not a problem. Thank you. With that, it is a public hearing and so I am going to invite members of the public to speak on this issue. It is 7:19 and I'm opening the public hearing. Anyone here wants to speak as far as the public is concerned come to the lectern. Otherwise, if you're on Zoom and I'm hearing that there is nobody on Zoom, so it doesn't look like we're have much of a public hearing. So at 7:20, I will close that public hearing. With that, I'm gonna turn back over to commissioners for discussion. Commissioners. Commissioner Anderson, you got a big smile on your face. Well, I mean, I love it. I think it's a a great way to use that space. Um, I think the the Caribou always looks a little lonely there, so it'll be nice to have another store by it. Um, yeah, I think it's a total win. So, I would like to uh um I would like to recommend that the planning commission recommend to the city council approval of the PUD amendment to construct a new Jamba Juice Auntie Anand's drive-thru only restaurant at 2111 County Road 42 West subject to the following 10 conditions. All right, motion has been made. Do I have a second? Commissioner Bradock. I second the motion. Seconded by Commissioner Bradock. All in favor, please signify by saying I. I that is unanimous again to the consent agenda April 4th 5:30 in these very chambers means it's going to um be part of a larger group of motions being all answered at the same time. So thank you for joining us and welcome to Burnsville. Welcome to Minnesota. Appreciate it. With that, that takes us to our next item on the agenda. That's number five. It is update time. Any updates, commissioners? Seeing none, I'm gonna turn to staff. Staff, any updates? Uh yes. Uh no uh general I guess updates at this time. So your next planning commission meeting is uh Monday, April 10th. I do want to note that uh we're reaching the time of the year that the city clerk may be reaching out to some of you for renewals of your commission um appointment times. Um so if you know that you uh you know don't have the opportunity to serve anymore and won't be seeking reappoint, um let the clerk know, let us know. and um we'll be sad to lose you, but uh just let us know. Uh so if you haven't gotten one of those emails, maybe that's not for you, but if you have um one of the emails, yeah, at least two of you have. So, no. Um but that's all I have, I believe. All right, with that, Commissioner Wad. Uh if there's nothing else, I'd like to make a motion to adjurnn. You'd like to make a motion to adjurnn. There's been a motion put on the table of Commissioner Wad. Do I have a second for adjournment? Second. Second by Commissioner Timberman. All in favor, please signify by saying I. I. Again, unanimous. It was perfect night. Thank you for joining us. Have a great night.