on air good evening everyone seeing that it is 6:30 p.m. I will call that April 13th 2020 Planning Commission meeting to order let the roll reflect the Commissioner Anderson is absent and all the other commissioners are present virtually a VL zoo as you know government agencies schools businesses and organizations around our country are being asked to take extraordinary measures to protect your communities from the spread of COBIT 19 the city of Burnsville is committed to complying with recommendations from the CDC and the state and federal governments to protect everyone's health current recommendations call for everyone to practice social distancing as much as possible to comply with these measures tonight's Planning Commission meeting will be held virtually by using zoom as chair I will be leading the Planning Commission meeting and the public is welcome to participate when invited throughout the meeting additional instructions on how to participate are posted online at www.canadianoutback.com and her email address is si r8 h dot ma dden at Burnsville MN gov or city planner dead gross at DEP dot G a RR OSS at Burnsville and a gov or mail your comments via postal mail to100 Civic Center Parkway Burnsville Minnesota by five three three seven you might participate in the meeting tonight online by going to HTTP colon forward slash forward slash zum da us forward slash join and use the meeting ID three zero eight seven three seven nine two three once you are logged into the main meeting please use the chat feature to tell the moderator which item you wish to speak to you may also call into the meeting at six five one three seven two eight two nine nine for each public hearing I will provide an opportunity for callers to speak to that specific item and will provide more instructions then your call will be muted until that time so moving on to the agenda the first item of the agenda is a adoption of the agenda to staff have any changes Thank You chair Henderson staff does have changes to item six on the agenda where the applicant has requested for staff to table it when it becomes time to hear that item okay Thank You commissioners any changes to the agenda okay seeing none is there a motion Commissioner Roberts I move that we adopt the agenda as is with the one change Commissioner John I'll second that any further discussion see none can I have a roll call please yes Commissioner Awad by Commissioner Henderson aye Commissioner John by commissioner roberts by commissioner Timmerman i motion carries a agenda is adopted the second item on the agenda is to approve the minutes from the March 9th 2020 Planning Commission meeting staff any changes none from staff commissioners any changes seeing none is there a motion commissioner a lot I move that we adopt it minutes from a last name is there a second commissioner Timmerman second any further discussion seeing none can I get a roll call please Commissioner a lot all right Commissioner Henderson High Commissioner John High Commissioner Robert all right Commissioner Timmerman okay motion passes the minutes have been approved so moving on to the third item of the agenda it is a public hearing for an an app for an application for Eric bus for a conditional use permit for an accessory building exceeding 500 square feet in the r1 a one-family rural residential zone on a property less than two acres in size located at 2 1 1 3 150th Street 155th Street West presented by city planner Sarah Madden thank you good evening planning commissioners so this first item is related to a single-family lot in southwest Burnsville zoned one family rural residential where the applicant is requesting a conditional use permit to construct a 1200 square foot accessory building communication staff if you could move to the next slide so the zoning ordinance does allow for accessory structures over 500 square feet on locks that are less than 2 acres in size in this zoning district by conditional use permit which is what this request is for you may skip one more so the lot itself is 1.1 acres in size and the existing garage structure is 741 square feet the proposed structure is to be 1200 square feet and it's placement on the lot and proposed setbacks June each zoning code requirements the aesthetics such as building height are also compatible with the zoning ordinance the structure is planned to be 30 feet wide 40 feet deep with a 10-foot wall height and asphalt shingle roof structures the structure will also have vinyl lap siding you can move one more the building department has preemptively reviewed the application and has no formal comments related to the proposal the proposal will not be detrimental to the neighborhood or the city staff does feel that the CP criteria outlined in the ordinance have been met with this request and our overall supportive of the application you can move forward one more and the applicants also receives support from neighbors which has been included in the background report so staff is recommending approval of the conditional use permit request for this accessory structure the item is a public hearing this evening and I can stand for questions great thank you Sarah commissioners any questions okay seeing none I will open the public hearing then at 6:38 p.m. see uh but however you I did want it to stay that if you wish to speak to this item and are on the zoo meeting please use either the chat feature or raise your hand feature and the moderator will put you in the queue once I call your name to speak the moderator will unmute you then please state your name and your address for the record anybody wishing to speak it's okay it doesn't look like it so then if there is anybody on the phone who wish to speak please press star six to unmute yourself and state your name and address for the record okay it doesn't appear that anybody would like to speak to this item I will close the public hearing then at 6:39 p.m. commissioners any comments or questions for staff Commissioner John yeah this seems like a pretty straightforward project it doesn't look like there's any real issues here nothing to be aware it was like there was some emails from neighbors and nobody has a problem with this everything looks pretty straightforward correct that's correct okay okay is there any other Commissioner who would like to uh as a question or make a comment okay see none is there a motion Commissioner John I would like to make a motion to I can find it here I apologize I'm trying to grab up the word incorrectly here like to make a motion that we recommend that City Council approves the application for conditional use permit for an accessory building exceeding the 500 square feet in the r1a district one family role residential zone on a property less than two acres in size located at 2 1 1 3 150 its last Commissioner Awad I will second the motion any further discussion c9 can I have a roll call please Commissioner wan phy Commissioner Henderson aye Commissioner John by Commissioner Robert all right Commissioner Timmerman aye motion carries and this item will be on the City Council's April 21st meeting agenda hey so we'll move on to item 4 which is to hold a public hearing for Centrepointe energy for a conditional use permit amendment to allow essential services the pipeline and related mechanical equipment to be located at 1 1 5 0 0 12 Avenue South presented by a city planner Sarah mattad Thank You chair Henderson so this next application for a conditional you submit amendment request is related to the installation of essential service structures of a natural gas pipeline a regulator station which is on an existing essential services property operated by CenterPoint Energy and so the property at 1 1 5 0 0 12 Avenue South is 112 acres in size and zoned one Industrial Park District move to the next slide so overall natural gas services and related pipelines were originally installed and provided to burn sell prior to its incorporation as the city so the site has had multiple CEP approvals over the years which is that wind in your background report the current proposal is related to an overall larger improvement along one of the pipelines that's operated by Centrepointe energy whereas this conditional use permit is request to score thee specifically the gas regulator station and the above-ground equipment you can move to the next slide so improvements included with the project do include installation of new pipeline as well as some replacement along the line and minor rerouting but specifically on the site proposed in the site plan you can see on your screen and there are no new additions to parking however the access roadways needing to the new regulator station are proposed to be resurfaced so approximately 1773 square feet of new impervious surface is proposed so these engineering related improvements do mark the beginning of some new cumulative tracking of impervious area to meet the city's stormwater management plan you can move one forward so additionally the property is currently unplanted there is a condition that has been added that at the next land use clearance spot would be required and if you can actually move forward to slides they got out of order unintentionally so a key improvement with this proposal is the installation of 15 new plantings adjacent to the purpose regulator station as screening i'mso setbacks and installation of the evergreens shrubbery will screen area and the above-ground equipment from properties to the south as well as the Kliq Road right right of way so with this conditional use permit amendment it's necessary to accommodate the essential service structures there are no Christine impacts negative impacts to adjacent properties anticipated with the project and they'll be compatible with the rest of the site as it has been has been utilized section as mentioned with the screening the setbacks and the installation will screen it from the adjoining properties so staff is supportive of the application and is recommending approval and you can go back one more slide there are two conditions associated with the approval so at the time of the next application for a land use clearance a plat of the property will be required so land use clearance would be for example further amendments of the conditional use permit and then the engineering related condition regarding that this development will be considered the first of a common plan of development and the incremental stormwater or incremental development will be consolidated first from water management purposes so the current new impervious service coverage is two thousand seven hundred and seventy-three square feet and future development areas will be added to this so that what's the cumulative impervious surface exceeds five thousand square feet the applicant will be need to meet the city stormwater management requirements which kick in at five thousand square feet so this application is a public hearing I can stand for questions and I do believe the applicant would like to speak as well thank you great thank you Sarah Commissioner is any comments or questions before the public hearing is open Commissioner Awad so I do have a question what is one of the conditions is that is a future plant if they're gonna you know further develop the property or do for their applications can you remind us just what's involved in a plant so a plant of the property as a formal subdivision of a piece of land into a Lawton block so this property currently is not situated in that manner there have been discussions from previous GOP approvals kind of over the last several years with between representatives of the property and different staff members over time where this has been discussed the subdivision ordinance as it currently stands would necessitate a platform and use approvals so that's why I many times when we bring as staff applications before you they do incorporate multiple levels of approvals the plan of development or conditional use permit associated with the plat and in this case at the previous land use approval it was decided that the improvements were minor enough to where a plat was not necessitated at that time and was pushed down the road with this condition we're just stating that the next time they come in for a land use approval that a plat would be required at that time thank you you're welcome Commissioner John she she answered my question I was gonna ask why we were not requiring a plat this time around but it sounds like it's because of it's just a minor minor work thank you any further discussion commissioners see none we will move to the public hearing portion so as a reminder if you are on the zoom meeting and would like to speak to this use either the chat feature or raise your hand feature and the moderator will put you in the queue once I call your name to speak the moderator will unmute you then please state your name and address for the record and with that I will open the public hearing at 6:49 p.m. so if c is there anybody wishing to speak its on zoom here okay it doesn't like it so then anyone that is participating on the phone if you wish to speak to a mute yourself please press the star six and state your name and address for the record okay it doesn't appear that anybody would want to speak about this item so at this time I will close the public hearing at 6:50 p.m. commissioners it any other questions or comments Commissioner Timmerman yes sir will you remind us when we looked at this last year for their expanded training facilities I don't have the minutes and from me but we did not have a requirement that they would be planted the next time they came forward to us at that time did we at that time that's a great question at that time the condition was included from a previous approval which was related to the fact that previously the discussion was that at the time of the significant future development was the phrasing and so with this based on our current subdivision ordinance standards we are rephrasing that to be the next land use clearance thank you Commissioner John yeah last time we last year I tried to go down to see the sites and it's kind of a private property sort of ordeal and I went down again I'm not sure is there if we have to do work with the Saturday point or Centrepointe again is is there a protocol and how we're supposed to do to approach that if we if we wanted to see the property I can defer to the applicant if they would like to answer that question the from a city standpoint the protocol would just be to follow open meeting well of course but I'll defer to that and if he wishes to or is able to answer that question yes I apologize are you able to hear me you're very quiet hi CJ can you please state your name and address for the record please yeah my name is TJ Haider I'm an employee of Centrepointe energy at 700 West Linden Avenue South in Minneapolis Minnesota great and if you can answer the question yeah I can provide the site supervisors contact information to the city so that if there is any need or desire to visit or tour the site he would be the one that would have to set it up as it is a secured facility great Thank You Commissioner John since we do have you available now who's curious on what kind of safety procedures are going to be in place I'm sure there are safety things with miss happened a couple years ago in Massachusetts I'm sure that that's something that's always on your mind so is there safety protocols or things to make sure that no problems happen want to replace in this way yeah contrary to what happened on the East Coast a year and a half ago all of our pipelines are protected over partial protection and electronic monitoring as well as engineered written procedures with PE stamps for all the designs and we do have set measures in our construction service and engineering service manuals that give additional protocols and outline small checks material verifications welding inspections items like that to avoid any issues like you saw in Massachusetts though new procedures or is that just something that was in place before a big been in place for quite some time okay I've only been in the center point for four years but they've been same procedures we have been using we have paid closer attention to the verbage and the order of operations in the procedures just to make sure that there is no confusion in the field when they're acting out on those thank you no problem great thanks TJ any other questions commissioners okay seeing none Oh actually Commissioner Roberts actually see none I would like to make a motion I move that the Planning Commission recommends to the City Council the approval of the CEP amendment to allow essential service structures for the center pointer and you located one one five zero zero 12th Avenue self subject to the following two conditions listed in our notes Commissioner Timmerman I'll second that motion any further discussion okay seeing none can I have a roll call please mission Irwin High Commissioner Henderson aye Commissioner John hi Commissioner Roberts all right Commissioner Timmerman all right gave motion passes and I just realized I failed to close that public hearing so we will close the public hearing at 6:56 p.m. and this item will be heard on the City Council's April 21st meeting agenda so the fifth item on the agenda is to hold a public hearing for an application from south cross commerce center three LLC for a conditional use permit for an interior tenant expansion of a medical clinic use Lake dermatology in the i3 office in industrial park ozone located at one for three zero five South cross drive presented by city planner Deb growth hello commissioners can you hear me yes okay thank you I've been having some issues here this application is for efh Realty Advisors and what it is is they had submitted a building permit to extend or expand the Lakes dermatology clinic the property is in the i3 office and industrial park zone and what they would like to do is the clinic has really been in operation for many years they would like to add on to the existing square footage to a little bit double a little bit higher sorry I can't anyway and the issue was that the city amended its ordinance back in 2014 and we modified our our definitions and uses because there were many different office type uses medical office etcetera and it was confusing and there were in different you know interpretations that were eligible so when the ordinance was amended and we clarified that medical office or clinic or medical service or clinic became the conditional use permit there was a similar use it just wasn't called the same thing but what that means is that even though this particular use has been in operation it's classified by the zoning ordinance as a legal non-conforming use meaning it was legal at the time that it went in and the first clinic that went into this site was Noren clinic back in 2005 so there's basically been a medical type clinic at this site for many many years what they needed to do and is to make application for conditional use permit so that they could expand meeting the current ordinance and that is what is proposed the applicant has provided information in terms of the parking for the site there are currently 139 spaces that are on site for parking the proposed use would take or exceeding the expansion area would take twenty eight additional stalls for a total use of everyone in the building of a hundred and twenty six dolls so they do meet the ordinance for parking and there are still extra stalls available with that in terms of evaluations this is something where all of the improvements are taking place inside the building there will be no outdoor site or building changes due to this it's just a matter of expanding expanding the clinic and adding some additional facilities so that they can continue to have their business here in Burnsville it's a long-standing business staff does not anticipate any issues associated with this use and we are recommending approval of the conditional use permit as requested I can stand for questions great Thank You Deb commissioners any questions okay none I will move to open the public hearing at 7 o'clock same rules apply if you're on the zoo meeting it would like to speak please use either the chat feature or raise your hand feature all your names is weak the moderator will unmute you then please state your name and address for the record is there anybody wishing to speak hey seeing none is there actually is Mike Whalen wanting to speak about this sure my feeling with you H did you want to make a comment Mike now we can okay microwave one at the fh where the landlord representative 2999 west corner of 42 sweet 2:06 earned Seoul Minnesota just would like to reiterate depths comments that makes dermatology is a longtime tenant they're active with the community with the different things that they participate in and we're excited to have great thank you hey it doesn't appear that anybody else is wishing to speak that are participating in the zoo meeting but if you're on the phone if you would like to speak please press star six to unmute yourself and state your name and address for the record okay it doesn't appear that there is anybody wishing to speak about this item so I will close this at 7:03 p.m. commissioners any other comments or questions is Commissioner John sounds like a good fit looks like a nice facility thanks for joining us mr. Allen I would like to make a motion and I move that we recommend to the City Council to approve the CEP and allow the 2278 square foot expansion for Lakes dermatology at 14 305 self-drive Commissioner Roberts I second that motion any further discussion hey c9 can I have a roll call please commissioner a lot by Commissioner Henderson I Commissioner John by Commissioner Roberts ID Commissioner Timmerman I so motion carries this well this item will be heard at the April 21st City Council meeting thank you so the sixth item on the agenda was to consider an application for a lloyd and darlene Wallen for a variance for driveway with to exceed 24 feet and front yard coverage to exceed 35 percent located at one three nine three four west preserve boulevard however now the applicant is requesting to table the item and and Miss gross did you have anything else to add thank you the applicant requested on Friday to have this item continued due to some challenges with the technology for the virtual meeting and he has given the city the waiver which extends the review timeline for the application so staff is we have no issues with tabling this item at this point in time when it does come back we will have to Reno defy people and republish that's it thank you great Thank You Commissioner has any questions concerns comments Commissioner Timmerman you need to unmute yourself Commissioner Timmerman thank you miss girls as we get closer to that extension deadline if we are still meeting remotely I would hope that we would have an opportunity that we could help them with whatever technical technological issues that there are because obviously we have to meet our our own statutory deadlines and frankly I I think that this particular project has after looking at the background has really taken time already so I just want to be careful that we make sure that we do hear this before we get to that deadline Thank You Commissioner Timmerman yes we did get the waiver that's what I was referring to and staff would concur we would have liked to have had this addressed by this time we did reach out to the applicant to go through the meeting you know procedures and how to do this but he is an older gentleman and requested it be extended we did check with the city attorney and the attorneys working with this and there will be no issues with extending this if it gets close to that August deadline again he will need to give us another notice or we will hold the respective hearings and meetings and have to act on the application thank you so I guess I have a question how many waivers can an applicant get then when the city says enough is enough Thank You chair the applicant can give any number of waivers the way that the law is set up is that the city has a 60 day time frame from the time we accept a complete application to process that land use application if it's not processed within that time frame then the application is deemed approved what the law allows for is it allows the city to do an additional 60 day extension so that would be a total of 120 days after that the applicant has to agree to the waiver the city can't just automatically add any more extension and so we're limited to that first 120 days and we did speak with the attorneys related to this item and their suggestion was to proceed with the continuation and to try to work with the applicant as much as possible thank you good thank you any other questions commissioners comments is there a motion commissioner Roberts I guess procedure wise I guess I move that we accept the waiver from the applicant at this time I think it's to table the item or continue the item that would it be I move to table this item based on the applicants request Commissioner Timmerman second any further discussion I have a roll call please Commissioner Awad hi commissioner Henderson aye Commissioner John hi commissioner Roberts High Commissioner Timmerman all right great motion carries so the last item on the agenda is updates commissioners any updates okay staff any updates I see your next Planning Commission meeting will be on Monday April 27th where there will be more public hearings for us to to conduct we do not have a draft agenda to distribute but that will be available to the public based on art about that map and our edge in the packet when it comes out the week prior to or a few days prior to the Planning Commission meeting and those are all the updates at this time thank you is there a motion Commissioner Awad are you looking for a motion to adjourn the meeting oh yes I'm sorry I guess I should have finished my sentence yeah I will before I make a motion I just want to thank everybody and thank the staff and you know excellent reports and you know this went pretty smooth don't thank you everybody and and I said that I will move that we adjourn the meeting Mishnah Roberts I second that any further discussion can I have a roll call please mr. Awad by Commissioner Henderson I missioner john-boy missioner Roberts but Commissioner Timmerman aye okay so the meeting is adjourned at 7:11 p.m. thanks everybody so it's we can just disconnect and we're still on air oh okay we're done are we done broad