This transcript is for a **Planning Commission** meeting. Please note that while the City Council and key staff were provided in your context, Planning Commission members are separate officials. Based on the dialogue, I have identified the Chair, specific Commissioners (where named), and the staff/applicants as they introduced themselves. [18:30:00] **Chair**: All right. Good evening, everyone. I am calling the Monday, April 13, 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. All right. Our first order of business tonight is the adoption of the agenda. Can I get a motion to adopt the agenda? [18:31:10] **Commissioner**: Motion to accept. [18:31:12] **Chair**: Can I get a second? All right. All those in favor say aye. [18:31:15] **Commissioners**: Aye. [18:31:16] **Chair**: Motion carries. And the next is the approval of the minutes from our March 9th, 2026 meeting. Did we get an opportunity to review the minutes? And can I get a motion? [18:31:25] **Commissioner**: Motion to approve. [18:31:27] **Commissioner**: Second it. [18:31:28] **Chair**: Beautiful. All those in favor say aye. [18:31:30] **Commissioners**: Aye. [18:31:31] **Chair**: Opposed, say nay. All right. Right along. Our third agenda topic tonight is a public hearing of the application of the Hub Church for a conditional use permit for religious assembly use at 12345 Portland Avenue South. Being presented by Mr. Connor Jakes, our senior planner. [18:31:45] **Connor Jakes (Senior Planner)**: Uh thanks, Madam Chair, members of the commission. Uh great to be with you this evening. As you mentioned, the application before you is a CUP or conditional use permit for a religious assembly use at 12345 Portland Avenue South. The site is located at the corner of Portland Avenue and East Travelers Trail. Subject site is zoned B3 general business and is guided BUS business office retail in the 2040 comprehensive plan. Surrounding sites are zoned and guided in accordance with the uh site before you um B3 and then guided BUS. We'll note um there is a single family residential development to the south across um Traveler's Trail from the subject site. The other site I wanted to call out specifically is the Cornerstone Community Church which is located within this multi-tenant building across Portland Avenue which will play into um the approvals tonight and the presentation um before you. Terms of background on the site, original approvals were granted in 1985 and the building was constructed in 1985 for skyline displays which manufactured show exhibits, banners, and display items. Later the property was sold to River Valley Church um around 2020 or so. Uh and that um River Valley Church utilized the site for office and warehouse only. There was no religious assembly use as part of um that user's ownership of the building. Site was later sold to the Hub, which is the applicant before you this evening. In 2024, a building permit was submitted by the applicant. Upon review of that permit, planning staff noted that a conditional use permit was not issued for a religious assembly use to operate at the site. As a result, the permit was placed on hold and the applicant was required to submit a CUP um which the applicant did do in 2024. However, um the applicant was not able to reach the conditions of approval that were required as the parking stalls required were 192 additional stalls either on-site or through a shared parking agreement at the time. Um and we'll get into this more with the calculation, but the parking was calculated based off total occupancy within the building and not based off of um the actual areas of the building in use at peak operation. Um and in this case, it'd be um services on Sunday mornings. CUP is required for religious assembly uses within the B3 district. Um primary considerations for the use would include parking demand, site circulation, and potential impacts to adjacent roadways. Um I will note the site has been in operation as a religious assembly for multiple years. No complaints have been received. In 2024 when um the applicant was required to submit the CUP, staff did allow they used to continue with the caveat that they apply for the CUP and work through the process. In order to work with the applicant, the applicant was unaware that a CUP was required when they purchased the site. Um but did follow staff's requirements and recommendations to move through the process. Jumping into um the parking calculation, um the total stalls required by ordinance are 134 stalls. Again, that's based off um the areas of the building um in use at peak times, which is Sunday services. Those two areas are the sanctuary and the assembly area outside the sanctuary. Show the floor plan in a second. Um the existing on-site stalls uh total 98 and the applicant has provided a proof of parking for 43 stalls um to provide a total of 141 stalls exceeding the required stalls by nine. Um the floor plan is shown on screen before you. When we calculate parking for assembly areas or assembly spaces I'll say um there's really two calculations. One is based off occupancy and one is based off seating. So in this case, the assembly space is um doesn't contain fixed heating. It's calculated based off occupancy at one stall per three occupants. And for the sanctuary, it's the same calculation. However, the applicant has um proposed fixed seating. So the calculation is based off one stall per three seats, and there's 137 seats proposed. The proof of parking plan is shown on screen. um the kind of dotted or hatched parking lines represent where potential stalls could be placed. We'll note final design has not occurred of the proof of parking. It's just meant to be a conceptual plan at this point. Um at such time the proof is required to be implemented. The applicant would be required to meet all engineering standards such as storm water management and um the site is located within the drinking water supply management area. So they'd be required to meet those standards as well. I will also mention that um this proof of parking plan is very similar to what we did for Good Shepherd Church as well as Eden Baptist where um the use has been operating. There hasn't been any complaints. The parking is sufficient. We've approved a proof of parking with a condition that requires it be implemented based off complaints. So in this case um the condition is more than two complaints within a six-month period. Really the intent is that that kind of covers your peak times of religious assembly such as Christmas and Easter, for example. Terms of planning considerations, um a religious assembly use is allowed with the CUP. Uh going back to Cornerstone Community Church, which apologize, kind of forgot through the presentation. Um prior to the applicant um operating the site and purchasing it, River Valley Church entered into a shared parking agreement with Cornerstone Community Church that allowed Cornerstone to utilize all of the parking on site on Sunday mornings. And so, um at the time, River Valley Church was just using it for offices, so it didn't affect their use. However, um with the applicant utilizing the site for religious assembly, there's a conflict in terms of, uh the amount of parking on site. And so a condition of approval requires that that parking agreement be terminated with Cornerstone Community. So it frees up the stalls on site to count towards the use on Sunday mornings. Um the proposal does align with the comprehensive plan and does meet the intent of the zoning ordinance as well. Um the recommendation is on screen. There are three conditions of approval. The first is prior to the issuance of any permits, the conditional use permit shall be recorded with the Dakota County Recorders Office. The second, the provided proof of parking shall be installed if more than two verified parking complaints are received within a six-month period. All parking complaints shall be verified by city staff prior to requiring the implementation of the proof of parking. And the third condition, prior to the issuance of any building permits, the following recorded documents with the Dakota County Recorders Office shall be terminated: shared parking agreement recorded as document number 3217506 and the declaration of parking agreement recorded as document number 3231938. With that, um the recommendations on screen and the applicant is in attendance as well for questions. [18:38:15] **Chair**: Beautiful. Thank you, Mr. Jakes. Um quick question. How long after two complaints are received within a six-month period would the proof of parking have to be completed then? [18:38:25] **Connor Jakes (Senior Planner)**: Um Madam Chair, that's a good question. Um we purposefully didn't put a timeline on it just given um you know whether the complaints are received in the winter or the spring. It gives that flexibility, but staff would first verify the complaints and then generally work through that within one year I would say is reasonable um just given dependent on winter conditions and um construction timelines. [18:38:48] **Chair**: Thank you. Commissioners, did you have any additional questions for staff? [18:38:52] **Commissioner**: We got one for the Cornerstone Church that's got to be addressed. Is there any concerns there? [18:38:58] **Connor Jakes (Senior Planner)**: Uh, Commissioner, there's not any concerns um that um the Cornerstone Community Church will be before you at a future meeting, likely the next meeting as they'll need to amend their conditional use permit to meet parking. Um but the termination of this agreement will allow the um use before you this evening to operate um in conformance with code requirements. So there's no concerns with the subject site before you. [18:39:25] **Chair**: Beautiful. Um at this time I can ask the applicant if they would like to speak before I open the public hearing. Just introduce yourself if you want to state your name and address for the record. [18:39:35] **Charles Kuruku (Applicant, The Hub Church)**: My name is Charles Kuruku and my address is 12345 Portland Avenue, Burnsville 55337. Beautiful. Thank you so much for the opportunity to speak to you tonight. I am very grateful for the work Connor has been doing with us for the last over two years. And when we bought the building from River Valley, I got the service of Dan to help us navigate everything with the city and he has been very helpful in helping us to comply with all the requirements of the city and we are very grateful for where we've come and we are hoping that uh now that the CUP has been approved that we can move forward and provide our church with a space where they can worship and enjoy like we have been desiring for the last two years. And if of course we have any other requirements needed as you stated, we'll be happy to abide with that. [18:40:40] **Chair**: Well, thank you. [18:40:41] **Charles Kuruku**: Thank you. [18:40:42] **Chair**: Commissioners, did you have any um questions for the applicant before we open the public hearing? [18:40:46] **Commissioner**: Based on membership of your church, the current parking spaces, is that adequate to meet your needs? And factoring in additional growth? [18:40:55] **Charles Kuruku**: At this point, Commissioner, we have like 150 members. We moved there with 40. We've grown to 150 and we still have plenty of parking left over. And so I believe when we get to the point of breakthrough growth, we're going to move to two services. [18:41:10] **Commissioner**: Got it. Beautiful. [18:41:12] **Chair**: Commissioners, any other questions? [18:41:14] **Commissioner**: I have a question. Is there on-street parking allowed in that area? [18:41:18] **Connor Jakes (Senior Planner)**: Commissioner, there is not on-street parking allowed. It is actually prohibited on both uh streets, Portland Avenue and East Travelers Trail. [18:41:25] **Commissioner**: Okay. All right. [18:41:27] **Chair**: With that, I'm going to open the public hearing at 6:42 p.m. Anyone wishing to speak can do so by approaching—anyone online? All right, I will close the public hearing at 6:43 p.m. All right, commissioners, any discussion or is anyone willing to make a recommendation or a motion? Commissioner Anderson? [18:41:45] **Commissioner Anderson**: I move that we uh recommend to the City Council that a conditional use permit to allow religious services at 12345 Portland Avenue South subject to three conditions of approval. [18:41:58] **Chair**: All right, we have one motion. [18:42:00] **Commissioner**: Second. [18:42:01] **Chair**: Seconded. Can I get um all those in favor say aye? [18:42:04] **Commissioners**: Aye. [18:42:05] **Chair**: Opposed, say nay. All right, the motion carries and that will be seen on the consent agenda of the City Council meeting on May 5th. Congratulations. All right. Um, our next topic is a public hearing an application of the Sterling Organization for a preliminary plat, final plat, and subdivision variance for Burnhill 4th edition at 1450 County Road 42 West. Also being presented by Connor Jakes. [18:42:30] **Connor Jakes (Senior Planner)**: Thanks, Madam Chair, members of the commission. Um, as you mentioned, the application is for a preliminary plat, final plat, and subdivision variance for the Cub Best Buy redevelopment site. The subject site is located off of County Road 42 and is bounded by McAndrews Road to the north, County Road 5 to the west, and Irving Avenue to the east. The subject site is um both zoned and guided mixed-use in the 2040 comprehensive plan. Surrounding sites are also zoned and guided mixed use. Um with the caveat that the property to the north is zoned R3A, medium density residential and guided medium density residential in the 2040 comprehensive plan. That is the site of the Summit Town Homes. In terms of background, the site was originally part of a master planned unit development that was approved in 1979. Site was platted in 1983 and there were approvals granted for a Holiday warehouse, a Holiday station store, and a Holiday auto center. Um, most recently in 2023, there were redevelopment plans that were approved for Cub Foods, Best Buy, and five commercial um or retail buildings. Today, the uh Cub Food site, Best Buy, and two commercial buildings have been constructed. There are concept planned unit development approvals for the other three commercial and retail buildings. So, the application before you this evening is a preliminary and final plat to um really subdivide or replat lot three into two lots. Not to change any development plans or concept approvals, but just to create a new lot on the subject site, which the applicant noted is um really intended for management efficiency. They might be able to elaborate further on that this evening um if there's questions. Um but lot one, block one would be proposed to contain the two existing buildings. That lot would be located here. And then lot two would contain the two um or two of the future um buildings, retail B and retail C. Um which again do have concept plan unit development approvals. Um what that means is um the applicant will have to come back for development stage approvals through the planning commission and City Council. So these aren't finalized. It's just meant to be a conceptual plan that was agreed upon in 2023 from a high level. Generally, the subdivision variance that's requested is to allow the lots to be platted without 5-foot drainage and utility easements along the interior lot lines, um which is in alignment with the 2023 approvals that approve the same subdivision variance that's requested. Um really the intent is that the site was developed as a plan unit development with shared utilities, um storm water facilities and parking. So that need for interior lot lines um isn't really needed. Uh primary easements would be proposed to remain as existing today. And a condition um does require the applicant to amend the existing declaration of easements, covenants, conditions, and restrictions to include the new lots. And that's the document that formalizes the long-term maintenance of the site as well as um upkeep and maintenance of the um utilities and infrastructure throughout that entire redevelopment area. So the final plat is shown on screen. Um again lot one here and then lot two shown here and then um as we'll see there's no interior lot lines proposed along that interior lot line. Terms of planning considerations um the proposal is consistent with previous approvals including the overall PUD that was approved in 2023. Uh the concept PUD approvals are still in effect. Development stage PUD approvals will be required prior to any construction of future buildings. Proposal does align with the comprehensive plan as well as the um zoning ordinance and subdivision ordinance. The recommendation is shown on screen. Uh there are three conditions of approval. The first is that the site shall be platted with the Dakota County Recorders Office prior to the issuance of any building permits. Second is prior to the issuance of a building permit on lot 2, block 1, Burnhill 4th edition, the declaration of easements covenants conditions and restrictions recorded as document number 3625246 shall be amended to include the new lots of Burnhill 4th edition. The amended document shall be recorded with the Dakota County Recorders Office. And the third condition is prior to the release of the final plat for recording all outstanding items from the March 25th, 2026 city engineer review memo shall be addressed to the satisfaction of the city engineer. With that, the recommendations on screen and the applicant is in attendance as well. [18:48:10] **Chair**: Thank you. All right, commissioners. Any questions for staff? Seeing none. Beautiful. Um, I will invite the applicant up. If you would like to say hello, speak to us. Please state your name and address. [18:48:22] **Noah Bramer (Applicant, Development Team)**: Good evening. Um, my name is Noah Bramer. Um, address is 11995 Singletree Lane in Eden Prairie, 55344. Uh, here on behalf of the development team to answer any questions. We've appreciated um, planning staff's support and work on this and your time tonight. So, happy to answer anything you guys have. [18:48:45] **Chair**: All right, commissioners. Any questions for the applicant? Thank you. All right, with that, I will open the public hearing at 6:49 p.m. and I will close the public hearing at 6:49 p.m. All right, you guys. Um, any discussion or can I get a motion? [18:49:05] **Commissioner**: I'll make a motion for the City Council for approval of the preliminary and final plat of Burnhill 4th edition and approval of the subdivision variance subject to the three conditions of approval noted here. [18:49:15] **Chair**: All right, we have a motion on the board. Can I get a second? [18:49:18] **Commissioner**: Second. [18:49:19] **Chair**: All those in favor say aye. [18:49:21] **Commissioners**: Aye. [18:49:22] **Chair**: Opposed, say nay. Beautiful. All right. This will be on the May 5th consent agenda for City Council. All right. Our next topic is the zoning code reorganization update session five being presented by Mike Morosula, our planning manager. [18:49:40] **Mike Morosula (Planning Manager)**: Good evening chair and commissioners. Uh this is the second to last zoning reorganization um review. Let's get some notes up here. So tonight we only have one um chapter before us. It's the industrial districts. Um so again this chapter was updated to the new formatting standards we've seen numerous times by now. We eliminate unnecessary uses, incorporate standards um that were previously referenced by citations and then we removed outdated uses and combine categories and simplified groupings. So on the next slide here we did as part of that simplify things. Um the code does have um uses for manufacturing light and heavy but there's no definitions. So we added definitions for light manufacturing and heavy manufacturing. Main differences: light has little to no impacts on adjacent properties; heavy has impacts on adjacent properties—smell, odor, you know, illumination. So that's the main things there. Another thing we added too as part of this update um is construction services. Um the current zoning code has a lot of contractor yards for like electrical yard for contractors um plumbing yards. So we combined all that into one definition. Then commercial services. Um right now the code has a lot of things like software. Um there's repair in there. So we can create commercial services. Um these businesses that go on and do repairs um to commercial businesses or individuals. That's what they just they do repair. Jump into it here. Um the first section pretty straightforward. Um everything industrial is going to be in 107. So 1071 is the industrial park district currently located in city code section 1024. Again, we removed outdated uses and we simplified things. Um this is one of them that did have light manufacturing listed. So now there's a definition to support what light manufacturing is. Uh reduce the number of uses from 48 down to 16 by combining things under definitions and eliminating outdated uses. Again, same thing again. Um here is 72. General Industrial District, same thing. Um simplified things. Reduce the number of uh permitted uses from 23 down to 16. Actually, um since it cross-references the I1 district, there's something like 70-some uses permitted in that district. So again, we simplified it, cleared it up. So now it's a lot um lot less uses in that category. Same thing. Um in the uh I3, the big thing here is the I3 and I oh the I3 um that one has very limited uses. It's a very limited district. Um so we didn't do too many things there. Um this mainly updated the formatting and removed some outdated. I think there's like two of them that we removed out of I think there's 12 total uses listed as permitted. I think it's at 10 now. Nothing really changed there. And then 1074 um which is the gateway industrial medium. That one there um the main part we updated we worked with the city attorney on—or I worked with the city attorney to work on the language and registered uses section. Um it just the language in there was outdated and need to be re-read to make sure it's conformance with state statute and we did that. So we kind of broke it down into categories. As you can see within your packet, I'm not going to show it. Just the language in there is more legal. Um the previous language was just in a paragraph and it was very simple. So we just expanded upon that and make sure that it is um in line with state statute. The whole part there is um that code section is intended to catch um users within that district are supposed to register with the city so we know what the uses are so we can see if there's any nonconformities in there and keep track of them over time so they can conform with the code as they evolve or should be relocated. Um so it's consistent of state statute but the language just need to be updated again. Same thing occurred in the Gateway Industrial Heavy District. um just updated that language, reformatted. And then in 1076, special requirements for all industrial districts. Um currently in 1023, we just updated the formatting. Nothing major in there and update the citations. Um pretty straightforward in the industrial side. Um I think going forward here after the comprehensive plan season and it's part of the comprehensive plan, we'll look more at these industrial districts. Um, I think there's going to be some cleanup work, but now since the goal of this update was the reorganized, nothing major changed, no major changes. Um, kind of kept them the way they were. There's not a whole lot of changes overall, just reducing uses, but I think it's worth taking a look at as part of the comprehensive plan process that's um, before us here. So, next steps, we will have one more meeting on this one. Um on April 27th um we will have the plan unit development and administration red lines. Currently work with the city attorney on that one. We'll also hold the public hearing and then make a formal recommendation to the City Council to review this item at the May 19th um meeting. So one more time, two minor code sections—kind of minor—and then we'll hold the public hearing and have a formal recommendation. Um and I thank you again. You've heard me do this since January. Took a little break here. Um, appreciate it. Um, yeah, and I stand for any questions. Um, there's a lot more information in your packets, but just a brief overview here. [18:58:05] **Chair**: Thanks, Mike. Beautiful job. [18:58:07] **Mike Morosula**: Thank you. [18:58:08] **Chair**: Commissioners, any questions? [18:58:10] **Commissioner**: Kind of thankless work for you guys. [18:58:12] **Chair**: All right, no questions. That's it. Thank you. All right, we'll let him run over here. The next topic on our agenda is updates. Any updates from commissioners? Seeing none, any updates from staff. [18:58:30] **Mike Morosula (Planning Manager)**: All right, I got a couple since um we haven't met here in a little bit. At the last council meeting on I believe it was April 7th—excuse me—at that meeting the City Council approved three of our or two of our applications: the application for our conditional use permit for CABRA to allow them to utilize um kilns and storage materials and equipment in the flood fringe at 1020 Cliff Road, and the other one was a conditional use permit for um Cannabis Micro Business for Cannabis Connoisseur Company LLC located at 3200 Highway 13 West. Another item that was on there um the City Council did approve a development agreement for Ryder Walton. Um they're hoping to close here in the next month for their proposed apartment complex located at 2316 and 2420 Old County Road 34th Place. So hopefully we'll start seeing that going vertical here in the next couple months. Um, another thing to report is we did publish our RFP for selection consultant to work on the comprehensive plan. So, more to come on that, but that just went out Friday. So, we'll see what happens there over the next couple months and then I'll start that up here this fall. And um, that's about it for the updates. We will have another meeting on the 27th, as Connor said. So, but yeah. [19:02:10] **Chair**: All right. With that, I will accept a motion to adjourn. [19:02:15] **Commissioner**: So moved. [19:02:17] **Commissioner**: Second. [19:02:18] **Chair**: All those in favor say aye. [19:02:20] **Commissioners**: Aye. [19:02:21] **Chair**: All right. It's a wrap.