Based on the context provided and the roll call within the transcript, here is the formatted dialogue with speaker names. Note: This transcript is of the **Planning Commission**, so the speaker names reflect the Commissioners identified during the roll call (Morovich, Zimmer, Zac, Kusa, Hinley, Ink, Swenson) rather than the City Council members. *** [0:31] [Music] [0:52] **Chair Jene Morovich**: I call to order the April 25th 2024 Planning Commission meeting please join me in the flag. [1:20] **Chair Jene Morovich**: Miss Maro will you please take a roll call. [1:23] **Miss Maro**: Zac? **Commissioner Zac**: Here. **Miss Maro**: Kusa? **Commissioner Kusa**: Here. **Miss Maro**: Hinley? **Commissioner Hinley**: Here. **Miss Maro**: Morovich? **Commissioner Morovich**: Here. **Miss Maro**: Zimmer? **Commissioner Zimmer**: Here. **Miss Maro**: Ink? **Commissioner Ink**: Here. **Miss Maro**: Swanson? **Commissioner Swenson**: Here. [1:32] **Chair Jene Morovich**: All right. Agenda item number three: election of officers. Um, fellow Commissioners, any motions? [1:33] **Commissioner Christine Zimmer**: Madam chair, yes. I motion to nominate Jene Morovich to the office of chair and to nominate Christine Zimmer to the office of Vice chair and to close nominations. [1:55] **Chair Jene Morovich**: Motion and a second. Um, let's just—all in favor, right, or is there a roll call vote? Okay. All those in favor please signify by saying aye. **Commissioners**: Aye. **Chair Jene Morovich**: All opposed? All right, that’s up. [2:06] **Chair Jene Morovich**: Okay, agenda item number four: approval of minutes for the April 4th 2024 Planning Commission meeting. Uh, fellow Commissioners, any changes to the minutes? All right, then they will stand. And Miss Jensen, any announcements tonight? [2:25] **Miss Jensen (Staff)**: Good evening Commissioners. Uh, you have two handouts before you. One is an email from a neighboring homeowner regarding agenda item 6A, the Superior Sand and Gravel IUP, and the other is proposed revised language regarding commercial car washes in commercial and mixed-use districts, and that is for agenda item 6B, the zoning ordinance amendments. And that's all I have for you this evening. [2:51] **Chair Jene Morovich**: All right, thank you. All right, agenda item number 6A: the Superior Sand and Gravel IUP. This is a public hearing, so anyone wishing to speak at the public hearing, please sign the sheet at the back of the room. And then it looks like we have John Fritz who will present a brief overview of the project. [3:34] **John Fritz (Superior Sand & Gravel)**: I'm John Fritz, operations manager, Superior Sand and Gravel. We are asking for an extension of our interim use permit. In 2023, uh, CenterPoint Energy abandoned their gas main, um, which, uh, left, uh, aggregates to be processed in this area. Um, it's very important in the metropolitan area not to leave aggregates in the ground; they are running out. Um, we will continue to operate as we have in the last few years. Um, we'll have signs up—for, I know tailgate banging was a problem in the past, we have signs up and the loader operator does a really good job of directing truck drivers. Um, so we respect our neighbors. Um, at least one other contractor in the area we know of that has been approved to remove the aggregates under the gas—abandoned gas main. Um, we would keep the same hours as before. Um, not processing anything on Saturdays or desanding on Saturdays. Uh, Monday through Friday 7:00 to 7:00. Um, load out and haul back would be still, uh, Monday through—or Monday through Saturday 7:00 to 7:00 with no crushing of rock on Saturdays. Okay, thank you. [5:07] **City Staff**: Evening Planning Commission members. The request, um, this evening is of Superior Sand and Gravel who has, uh, previously been operating, uh, the gravel mine, uh, at Kenrick Avenue North of 195th Street. Um, some of the planning Commissioners and public may remember that, uh, there was a request, uh, to extend the operations when the first interim use permit from, uh, 2021 was to expire. Um, and, uh, at that time, the, uh, gravel mine operation included, uh, import of demolition concrete and bituminous, uh, into the site and actively crushing that as part of their mining operations, uh, to allow that material to be hauled off-site for road construction projects and the like. Uh, the City Council did not approve it, uh, the interim use permit at that time. Uh, the applicant has returned, um, now, uh, with a request to... let me go to the... um, to allow mining in this vicinity which is 100—approximately 100-foot wide, uh, easement that was, uh, included the high-pressure gas main that was established and installed sometime in the 1940s. It runs from south of the city through Lakeville, angles across, uh, the lake and then continues on to the Northwest. CenterPoint Energy has abandoned this easement and Superior Sand and Gravel and the property owner are asking to allow them to mine that material, uh, for the aggregate product in the ground. [6:39] **City Staff**: Um, the, uh, zoning of the property is single-family primarily this area. Uh, the East, uh, three-quarters or so of the property and adjacent to Kenrick, uh, Avenue is, uh, RM2 which is medium-density residential. This property is in, uh, uh, MUSA expansion area B, meaning that development of properties within that area—which includes, uh, roughly this area here—um, not until after 2029. Meaning that by the next comprehensive plan update it's likely that the property will be brought into the MUSA, um, with that 2028-2029 update. Uh, this is the property, uh, here. Uh, it's MUSA expansion area B and again that includes all these, uh, properties down to, uh, the vicinity of, uh, the creek that crosses, uh, below the, uh, the interstate into Lake Marion. Is a trucking company that's in this property here and the north of that is, uh, the property’s, um, uh, the sign—um, sorry, the name escapes me—but the, uh, safety signs company and an outdoor storage area on those properties. [8:34] **City Staff**: This map represents, uh, the aggregate resources as identified in the comprehensive plan and the source of this information is from, uh, Met Council I believe. Um, the areas that are outlined here show potential gravel deposits throughout the city. Uh, this is the subject property right here. This area here has been mined and reclaimed. Uh, this area here is developed. This property here, uh, this property is developing rather. Uh, this area is undeveloped I should say. This is a property north of where the, uh, Aggregate Industries gravel mine is, that is this vicinity here that's been mined. Uh, this area here is mostly under construction now, uh, commercial and residential development. And south of the interstate these areas are also potential gravel mine resources. However, the comprehensive plan also states that only areas that are in expansion area B, uh, not in a current MUSA, can be—uh, should be approved for gravel mining. [9:19] **City Staff**: This map represents the areas in Lakeville that have been mined. Uh, this is the area of Spirit of Brandtjen Farms, uh, the mining portion primarily commercial, elementary school, high-density residential in this area. Uh, up, uh, in the area of Buck Hill Road this area had been, uh, mined. Um, this again is the Aggregate Industry Sheely Gravel Pit that's been reclaimed and as Ritter Farm, uh, is the first phase of residential development and there Ritter Farm—or Ritter Meadows I should say. And then these areas represent other gravel mines that have been in place: Casperson Park. Uh, and these were primarily brought into play when the interstate was constructed in the early 1960s and those have been, uh, partly reclaimed, some other areas will have to bring in fill prior to development. [10:05] **City Staff**: Again, all those areas outside the MUSA. Again, this is the area that's within that easement area that is proposed for mining. You can see that, uh, this area here has been largely reclaimed, uh, to finish grade, uh, for the most part there is additional fill that has to be brought in that area and most of the fill activity left is primarily in this area which was mined under the previous, uh, permit. Uh, when the interim use permit expired after it was not extended by the City Council, uh, the, uh, the operator was allowed to remove the stockpiles that had been mined and sorted at that point and allowed to use, uh, under a grading permit to bring fill material into this property, uh, until such time as it's brought up to a level for gravel mining—sorry, for residential development. Uh, this map is the restoration plan. It shows the grading contours that are proposed, uh, and it shows the location of the, uh, the gas main easement, the area that is proposed to be mined. This is—these contours here I believe are existing and then the proposed again is the blue. [11:37] **City Staff**: Um, you'll notice next to the lake, consistent with the first plans that, uh, mining, um, uh, permits that were approved beginning at least in since the early 90s, this area here is a protective Bluff area that the city's Park and open space plan shows the city acquiring all or part when development of the property—residential development of the property—uh, is proposed. The idea is to extend a trail corridor, finish the trail that ends at Casperson, starts down in Juno Trail 205th Street, uh, and it would extend along this bluff line below the freeway now to Ritter Farm Park and Murphy-Hanrehan Park eventually. Um, uh, the property as I'd mentioned before is, uh, began mining, uh, about 1965, uh, kind of fits and starts during that period. In 1993 the operator returned for more extensive mining operations and to start hauling in fill material. Uh, there was a slowdown sometime in the, uh, two—early 2000s and then they returned back in, uh, 2011, uh, with a more ambitious plan primarily to allow fill to be brought in at the same time that they're finishing the gravel mining of the property. [13:08] **City Staff**: That expired in 2021. Uh, the one of the stipulations that's noted in the planning report is regarding, uh, hours of operation. They're proposing to remain consistent with what previous, uh, conditional use permit in the 90s, interim use permit later, uh, with, uh, 7:00 a.m. to 7:00 p.m. Monday through Saturday and, uh, uh, with no rock crushing allowed on Saturdays. Um, there was a—two emails that we received, one is in the planning report, one arrived after the report was completed and you have that in front of you. One of the, uh, emails, uh, has to do with, uh, effectively impact dust control. Um, you know, there's a question about radon and things of that nature and, and why we allow, uh, gravel mining in the city, and I think I touched on that. Uh, there is no, uh, measuring requirement for Radon and all the potential offsite activities—dust control, things of that nature—are overseen by the MPCA with their gravel mining, uh, permits that are required that the—that the operator is required to have. Um, the other was a request primarily, uh, regarding, uh, trucks braking, the, uh, J-breaks I think they call them, loud mufflers when they're slowing, and it's a request was for the city to consider, uh, installing no-braking signs for trucks along Kenrick Avenue. And that information is passed on to the Public Works director who takes those questions and makes those decisions on proceeding. Uh, the DNR was notified because this is an interim use permit; uh, they offered no comments. They did respond to the email but didn't offer any comments. There are 19 stipulations, um, that are in the staff report. There's findings of fact for your consideration if the Planning Commission chooses to move forward with this with a recommendation to the City Council and I'll stand for any questions you may have and the operator of applicant is here as well. [15:34] **Chair Jene Morovich**: Thank you. Um, and since this is a public hearing, is there anyone wishing to speak on this agenda item? [15:40] **Evan Easton (Resident)**: Hello, my name is Evan Easton. I am a resident on Lake Marion, I live just north of the mine. I'm pretty familiar with the history, um, and I just want to, uh, iterate one of the complaints we've had over the years is the—the dust which floats out when they're doing, um, excavation and crushing. And in order, like in the interest of minimizing that, I wanted to point out that, um, on page three of the notes for this meeting it says Superior Sand and Gravel estimates a two-year time frame to excavate and sort the various aggregate by size in preparation for export and I believe the timing for the interim use permit will be for up to five years at which point that the grading is expected to be complete. Um, and I would just addition to, you know, ask you guys to consider if there's any mechanism to motivate them to basically complete the excavation and sorting process sooner than the five-year limit. I don't have recommendations for how to do that but, um, again dust and noise—we want to, you know, we have to clean up all the time. Our—the amount of dirt on our property is appreciable, so the sooner it can end, the sooner, uh, the better. Thank you. [17:13] **Chair Jene Morovich**: Thank you. Any additional comments for the public hearing? [17:18] **Commissioner Christine Zimmer**: Madam chair, yes. Make a motion to close the public hearing. **Commissioner Swenson**: Second. [17:22] **Chair Jene Morovich**: I have a motion and a second to close the public hearing. Um, please, um, all—all in favor please signify by saying aye. **Commissioners**: Aye. **Chair Jene Morovich**: All opposed? All right, the public hearing is now closed. Um, so to answer the question, uh, Mr. Fritz, do you believe it's possible to complete the project in less than the 5-year time frame? [18:00] **John Fritz**: That all depends on the market and how material is moving in the economy. We just ask for that time. We don't necessarily think it'll take that long, but if it did, we would want that room. [18:14] **Chair Jene Morovich**: Okay. Can you expand a little bit, I guess, on the market? So it would be road projects, housing developments, um, houses being built? So people purchasing the product? So you don't take it out until you have somebody ready to purchase it, is that right? [18:29] **John Fritz**: Correct. **Chair Jene Morovich**: Okay, thank you. [18:35] **Commissioner Zac**: I'd have one question for Mr. Fritz. Mr. Fritz, right? Yep. Thank you, thanks for being here. **John Fritz**: You're welcome. **Commissioner Zac**: Um, is there a dust mitigation requirement? Is there—can you explain a little bit more to us about that? [18:46] **John Fritz**: We just follow MPCA guidelines for dust control. I mean, we don't want our guys breathing—breathing in that dust either. I mean, that's a safety—we try to minimize the dust as best as we can. [18:58] **Commissioner Zac**: Okay, thank you. [19:05] **Commissioner Swenson**: If the applicant can—can you stay and chair? Um, I have a question along the lines of, uh, Mr. Moran's email. Um, on engine braking, have you, uh, asked your drivers to limit that engine braking? You want to maybe talk about— [19:20] **John Fritz**: Um, we have. And if—if it was a matter of putting a sign up on Kenrick each way, that would be something we would easily do. **Commissioner Swenson**: Okay, so that would—would be something that you might be willing to do yourself? **John Fritz**: Yes. [19:33] **Commissioner Swenson**: Thank you. [19:35] **Commissioner Ink**: Chair. Mr. Fritz, quick question on—on the grinding operations. You know, historically that's been closer to the lake. Given that you're up on the front side of this now, where—if you were to install grinding, where would that be now? [19:50] **John Fritz**: Um, probably we would process... yup, we'd process right in here. **Commissioner Ink**: Okay. Because we—we want to, you know, continue to, uh, reclaim... **John Fritz**: ...behind us as we move. **Commissioner Ink**: Okay. So the concept is to get it closer up to the road, further away from the lake and the housing and so forth? **John Fritz**: Yep. [20:17] **Commissioner Ink**: As someone who lives on the lake, I can attest to the fact that dust has appreciably disappeared over the last couple years. **John Fritz**: Oh, okay, good. **Commissioner Ink**: Uh, which is primarily because you weren't operating, but... so it's there and it is an issue. Okay, so we'd ask that you'd be cognizant of that and take note. **John Fritz**: Yes. [20:38] **Commissioner Christine Zimmer**: Mr. Fritz, um, I know it's piggybacking a little bit on Commissioner Ink's comments here. A lot of the focus in the past has been on some of the, um, concrete and bituminous materials getting crushed and the dust that comes from that product and all that. At this point, all that's been crushed and is in stockpiles and removed, or still in stockpiles? [20:54] **John Fritz**: There's a—a recycle pile right here, but that's it. There's no—um, there's nothing else there. **Commissioner Christine Zimmer**: Okay. Mr. Fritz, has that been ground already? **John Fritz**: It has been, yes. [21:05] **Commissioner Christine Zimmer**: Madam chair, yes. Um, so it has been crushed. The stuff that was there before. Is there plans for more of that to come in then? No more rubble? **John Fritz**: No. **Commissioner Christine Zimmer**: Okay, no. Thank you. Any other questions for Mr. Fritz? Okay, thank you. [21:28] **Chair Jene Morovich**: All right. Fellow Commissioners, any additional questions? [21:42] **Commissioner Zac**: So I was—I was just going to kind of chime in. Um, you know, the comments being made about aggregate being a finite resource and everything else, it's something that we as a society tend to take for granted, uh, is all the aggregate materials that we use. Lakeville is a growing community; we're building lots of roads, lots of developments, and it does take a lot of aggregate material to build those and it also goes into the bituminous material that goes on the roadways, it goes into the concrete that goes into the footings and driveways and everything else for your houses. Um, the main—one of the main drivers of aggregate cost tends to be the transport distance with it, and so the fact that we have a local resource here is one of the reasons why it's kind of outlined in our comp plan as being a resource that should be protected and used, uh, when it's there. [22:28] **Commissioner Zac**: It's—um, this—this is a case where I look at it and I—I kind of put my hat on and say that, um, you know, this has been a viable site for gravel in the past, the materials have been usable. Um, it's kind of a no-brainer that now that the—the gas pipeline is out of here that this kind of goes to that similar use and it aids in the reclamation of the site for future development down the road. Um, the calculations in terms of the amount of material left to restore the site seem to make sense with the five-year time frame. Um, I know you've mentioned roughly 90,000 plus cubic yards of material a year on average that have been coming in. Um, that would kind of like be a four-year time frame if that continues, but like you said, the market can change, things can change dramatically depending on what projects are going on and where development goes. So the time frame seems reasonable. Um, material seems reasonable to remove now that the—the pipeline is gone, and those are all reasons that I'm going to be voting in support of this tonight. Thank you. [23:33] **City Staff**: I just wanted to mention just for clarification at the neighborhood meeting it was presented from the applicant—and I'll ask him to, uh, comment—is that the actual mining operation would be over about a two-year period, uh, and then the remaining time would be strictly hauling the mined material off and bringing material in for—for, uh, finished grade. So if John can comment on that to make sure I got that correct, I'd appreciate it. [24:00] **John Fritz**: Yeah, the processing of this is at a two-year duration and then the rest of the time is loading out stockpiles and reclaiming as we come. **City Staff**: Okay. **Chair Jene Morovich**: Okay, great. [24:17] **Chair Jene Morovich**: Fellow Commissioners, any additional comments? [24:20] **Commissioner Swenson**: I guess I have one comment, Madam chair. Uh, how do we amend—what would be the proper language to amend the motion to allow Mr. Fritz to put up, uh, signs, or is that not a need to be a condition? [24:35] **City Staff**: Um, when these requests are made, uh, the city has the authority to install those signs by the approval of the City Council and advice of the Public Works Director. I will contact him and, uh, and have him, uh, look into that. I would leave it up to my colleagues to decide whether we would recommend a stipulation on that or not. Uh, the issue with installing those signs is actually enforcement, um, so that's—it has to be weighed in with the police department and also the Public Works. [25:12] **Justin Miller (City Administrator)**: Yes, Madam chair. That's an issue we'll work with the Public Works Director and, um, the streets department on—on the installation of those signs if those are necessary. [25:21] **Commissioner Swenson**: Thank you. No, good now. Okay. [25:22] **Commissioner Zac**: Madam chair, I was just going to—going to piggyback on that too, that, um, understanding the signs in the right-of-way are the purview of city engineer and, and others that make—make that decision. Um, as a body we could still kind of put out the polite request if you could put a sign internal on your site as well advising—because obviously you're doing some things with the tailgate banging, um, that type of thing. Uh, if you can kind of piggyback on those efforts with this issue, that'd be greatly appreciated. [25:57] **Commissioner Christine Zimmer**: All right. I think we might be ready for a motion. Madam chair, yes. I move to recommend approval of the Superior Sand and Gravel interim use permit subject to the 19 stipulations listed in the April 19th 2024 planning report. **Commissioner Zac**: Second. [26:13] **Chair Jene Morovich**: I have a motion and a second. Miss Maro, will you please take a roll call vote? [26:16] **Miss Maro**: Zac? **Commissioner Zac**: Aye. **Miss Maro**: Kusa? **Commissioner Kusa**: Aye. **Miss Maro**: Hinsley? **Commissioner Hinley**: Aye. **Miss Maro**: Morovich? **Commissioner Morovich**: Aye. **Miss Maro**: Zimmer? **Commissioner Zimmer**: Aye. **Miss Maro**: Ink? **Commissioner Ink**: Aye. **Miss Maro**: Swensson? **Commissioner Swenson**: Aye. [26:30] **Chair Jene Morovich**: All right. And when will that one go to City Council? **City Staff**: This will be Monday May 6th as the anticipated date, City Council. [26:38] **Chair Jene Morovich**: All right, thank you. Uh, well thank you Mr. Fritz and best of luck on completing the project. **John Fritz**: Thank you. [26:45] **Chair Jene Morovich**: All right, agenda item number six B: uh, the zoning ordinance annual review and update. And just a clarification—because the agenda is a little—this is a public hearing for this as well? **City Staff**: Okay, thank you. [26:55] **Daniel Lick (Planning Consultant)**: Hello. Hello, good evening Madam Chair, members of the Planning Commission. Daniel Lick with the Planning Company, uh, planning consultant that assists City staff from time to time with, uh, projects such as the annual update of the zoning ordinance or development applications. So, uh, this is an annual process undertaken by the planning department, uh, mainly to ensure that the zoning and subdivision ordinances and other development controls are, uh, up-to-date and reflect current best practices; uh, that we can also look and evaluate new development trends and make allowances for them as appropriate for Lakeville. Um, sometimes there's the need to clarify existing provisions to make sure, uh, that the intent is being carried forward through the regulation. And as we all know, last year the legislature was quite busy, so this year we have a couple statutory requirements that needed to be incorporated as part of the development, uh, regulations for the city. [27:56] **Daniel Lick**: City staff undertook, uh, the research and background, uh, for this list of updates which the Planning Commission had an opportunity to review at a work session in February that provided us direction to proceed with City staff to draft the amendments that are presented to you this evening. I'll just give a brief summary of the 46-some pages of ordinance amendments that have been presented, uh, and stand for any questions after the public hearing if you have any. But, uh, just to highlight, a lot of the effort is put towards, uh, streamlining, uh, provisions within the zoning ordinance and subdivision ordinance as technology improves. So, uh, we’ve made a number—number of changes including addressing how outlots are to be processed for subdivision applications which was a recent—recent issue that came to the city. Also submission requirements: the—the subdivision ordinance currently requires paper copies of, uh, plans to be submitted which has gone the way of, uh, the vellum and all the smell that goes with that, so that’s a pleasant change. And then also the need to, uh, be consistent with the review periods established by statute. Uh, the statute actually allows a longer time for city staff to review an application to determine if it was complete, uh, than was stated in the ordinance. [29:01] **Daniel Lick**: We often have to address definitions within the regulations, again to provide clarity. So we've revised definitions pertaining to commercial uses, minor auto repair, daycare facilities, and religious institutions, uh, reflecting some of the changes that come in the use sections of the zoning ordinance. Uh, we’ve also added definitions for funeral homes, micro dwelling units, and sacred communities, again addressing some of those specific statutory changes. [29:26] **Daniel Lick**: The first statutory change that we have is the legislature approved and the governor signed a law allowing natural landscaping for properties, uh, to avoid the typical requirement cities imposed that you have to have a turf lawn with grass not longer than 8 inches. Uh, the intent of this is that it’s a managed area, not simply allowing your lawn to grow to a foot in length, uh, without any control—obnoxious weeds or anything. So—so we’re talking about rain gardens or meadow vegetation and ornamental plantings native in character. Uh, in order to ensure that that is following the intent of the statute and the city’s, um, property maintenance requirements, this would require an administrative permit where a property owner would provide primarily a planting list and plan for how these are going to be installed within their yard. There is a setback requirement included so that natural landscaping isn't directly up against a property line or a public right-of-way where those plants may migrate over time. And there's also the need to provide a management plan so that, again, this isn't simply just allowing things to go wild, but it is in fact managed, so it doesn't become a public nuisance. [30:32] **Daniel Lick**: Uh, some changes to education uses: first of all, deleting the term "latch key" as, uh, that applied when I was in elementary school. Uh, so now we’re expanding the term "daycare" to include Head Start, early childhood education, and also expanding allowances for adult education to mixed-use and commercial zoning districts. This basically reflects how these uses are operating today, uh, within the public schools in Lakeville and the private schools as well, uh, and then expanding opportunity for adult education. [31:07] **Daniel Lick**: Sacred communities—again another item, uh, authorized by the legislature in—in law this past session. Uh, essentially churches and other religious institutions are allowed to establish, uh, housing within, uh, tiny homes meant to, uh, provide housing for people of extreme affordability needs. Uh, so all the provisions are allowed or are outlined by State Statute saying the city must allow this as a conditional use for any, uh, religious institution. Uh, there are provisions in the statute defining what constitutes a micro dwelling unit and the requirements that those structures need to meet. They can't be larger than 400 square feet, they have to be anchored to a foundation, they have to have access to water and electric utilities, but not necessarily the dwellings—they have access to the principal building, that’s sufficient. [32:04] **Daniel Lick**: Uh, the, uh, conditional use permit includes the requirement for an operations plan and the—the, uh, principal use has to—an operator has to provide insurance for the property as well. There's also the need to address access for emergency vehicles and off-street parking. Uh, we don't have standards specific to that in these conditional use permits, other than would apply generally to that type of process with one of the future items coming up and it being review of off-street parking standards, we'll add that as part of that future topic. There are restrictions on the occupancy that are set forth by statute. It's a little ambiguous how it's defined, uh, by statute, so this will be one of those topics that's interesting to see how it is implemented going forward. [32:51] **Daniel Lick**: Uh, City staff has spent a lot of time working on, uh, the topic of car washes which seems to be one of the most popular forms of commercial development these days. Uh, in trying to update the current standards to reflect the contemporary design of car washes—you know, one of the primary issues of course is noise mitigation, either from the car wash itself or the vacuums. Um, so City staff has worked, uh, with developers of these uses and that is the reason for the revised language that you have on the dais this evening addressing how that regulation requiring the doors to be closed during operation would apply. These automated facilities have the door open as you approach, as you're coming out the dryer, the door starts opening so that your car doesn't run into the dryer. Um, so that’s been tweaked slightly, but still meets the intent to have the—have the doors closed, uh, for the majority of the operation to contain that noise. [33:36] **Daniel Lick**: We also put in place a noise limit for vacuums, uh, and require that they be separated from, uh, residentially zoned property—again primarily for noise mitigation not only in terms of the sound level but also that continuous noise, uh, which can be a distraction or compatibility issue. Hours would be limited to 7:00 a.m. to 9:00 p.m. unless further restricted by the City Council due to, uh, noise compatibility issues. This use is proposed to be added to the M2 mixed-use district which is established along, uh, Cedar Avenue. Planning Commission has had discussions with a potential developer at the intersection of 179th and Cedar Avenue, just south of the Crossroads development, where this type of use would certainly be appropriate, uh, given the context of the existing commercial uses in the area. There is a specific provision in this section that states that the car wash can't be within 500 feet of the Cedar Avenue corridor. So that's intended to protect the, uh, intent of this district to establish a unique character along Cedar Avenue for this zoning district. Uh, and that site plan that the Planning Commission previously reviewed does, uh, comply with that. The changes also would remove car washes from the C1, uh, neighborhood commercial zoning district. That zoning district only exists in four or five places as single parcels, uh, all of which are fully developed. Most of those parcels exist adjacent to single-family neighborhoods, so it wouldn't be an appropriate place to have a car wash use, uh, even with the performance standards that are, uh, being proposed in addition to what's existing today. [35:08] **Daniel Lick**: So, uh, simply removing that from the list of uses. An additional item, uh, that we’re presenting tonight: uh, the zoning ordinance currently allows public parking lots within the mixed-use and commercial zoning districts as a permitted use. Um, which means by right someone can come in and present a plan to develop a parking lot. Uh, the advent of electric vehicles presents a new commercial opportunity that you could have a parking lot full of chargers as a revenue source not only for parking but, uh, that specific purpose the same as a fueling type facility. Uh, until the city has an opportunity to develop standards that would be appropriate and determine where those locations should be, uh, we’re proposing to amend the zoning ordinance to state that the allowance of public parking lots would only be City of Lakeville, uh, facilities, uh, in those zoning districts for the time being. That mirrors the existing language that’s, uh, for public parking within the commercial Central Business District, uh, currently. And again this would be a topic for future discussion. [36:00] **Daniel Lick**: Some of the other topics included in the zoning ordinance update include a change in minimum tree size for evergreen trees to reflect availability of nursery stock. It's also worth noting that 8-foot, uh, evergreen trees are harder to establish than a 6-foot tree just because of the stress to the more mature tree, so that probably has a better long-term benefit in terms of screening even though you’re two feet shorter. Uh, changes to outdoor storage requirements to make them consistent whether you’re storing semi-trailers and land-sea containers versus other items to require a hard surface. Uh, also making allowance for that as an accessory use within the Office Park zoning district. [36:51] **Daniel Lick**: Home occupations: with obviously the changes to how people are working, uh, from home since the COVID-19 pandemic, allowing opportunity for one non-resident employee for a home occupation provided that the use isn't a service business such as, uh, hair stylist, massage, etc., so that there isn't traffic being generated by an additional employee but simply it's related to the operation of the business. Uh, a clarification on motor fuel signs from a prior amendment to just clarify some of the, um, reference sections within the zoning ordinance. And then finally, clarification of transition requirements that were put in place with the 2000 zoning ordinance update. When the zoning ordinance was amended to establish specific zoning districts for townhouses and multiple-family uses, uh, there was this buffer requirement put in to protect existing single-family homes within RS1, RS2, or RS3 zoning districts. Um, because of the way the city has evolved since the 2000 zoning district and also the implementation of the smaller-lot RS4 zoning district, uh, there was some incongruity as to how that was—would be applied to current development. So, uh, those changes change that and basically limit the application of that to those prior existing neighborhoods. [38:11] **Daniel Lick**: And again that is the summary of the existing ordinances. The Planning Commission still has additional work to do this year, uh, including off-street parking requirements. A lot of these, uh, sections that are coming up are basically being generated because these individual chapters have been amended over time to a great extent that they’ve become somewhat disjointed and confusing. I would say rule of thumb is if your section reference is more than an inch long in text, there needs to be some changes and reorganization done to make it easier for people to follow. Um, so that certainly applies to the off-street parking requirements, the sign ordinance updates, uh, certainly an opportunity to review the, uh, affordable and attainable housing provisions in the zoning ordinance, uh, consistent with the comprehensive plan. And then again reflecting on the idea that we need to keep the zoning ordinance up to date with trends in commercial development and other types of development, reviewing the specific uses allowed in each zoning district and how those uses are allowed either as permitted, conditional, or interim uses. So, uh, those again will be undertaken yet this year. And City staff is recommending approval of the ordinance amendments as presented in our memorandum from April 17th with the additional changes presented on the dais this evening. Thank you. [39:35] **Chair Jene Morovich**: Thank you. This is a public hearing. Anyone wishing to speak on any of these items? You can please come forward. [39:53] **Alex Chak (Alternate Commissioner)**: Hi everybody, um, my name is Alex Chak. I will sign my name on the way out. Um, I’m an alternate Planning Commission—I have not been sworn in—so prepared, uh, myself for commentary that I would make alongside you and for staff, um, but wanted to share an abridged or modified version of it. I think for this topic specifically, I think my biggest commentary as a public citizen resident: uh, commend staff, Planning Commission, and the consultants, uh, and all the work preparing, the openness to change, uh, and the routine that the city is in, um, looking at zoning ordinances. I would like to to personally call out the I1 district flexibility as a huge example of thoughtful loosening of process and—and hurdles to give flexibility in how we use lots and existing buildings, uh, in those spaces. [40:39] **Alex Chak**: Similarly, I think maybe encourage the Planning Commission and staff, uh, to continue to look at, um, where things are ambiguous in the motivators for some of the changes—like the, uh, transition requirement one, for example. Um, while leaving some of those transition, uh, areas intact for other spaces. So have we defined what impacts, uh, the transition requirements—they’re trying to solve or mitigate? Um, I’m curious if we have studies or data showing that certain types of housing has those impacts on nearby uses. Um, and the equitable approach that we take, um, in allowing certain uses next to certain type of residential developments—like ones that are multi-family—for example, allowing a car wash next to M2 or in M2 where you might have high-density housing, but not allowing the car wash next to single-family homes. So couple things that I would encourage the Planning Commission—maybe not for this particular, um, set of recommendations in front of you—but as we continue to evaluate, um, ordinances that we have today, what are the impacts and—and what are the drivers? So thank you, uh, and I would support all the recommendations here. [41:35] **Chair Jene Morovich**: Yeah, thank you. Any additional comments for the public hearing? [41:43] **Commissioner Swenson**: Ready for a motion? Make a motion to close the public hearing. **Commissioner Christine Zimmer**: Second. [41:45] **Chair Jene Morovich**: I have a motion and a second. All those in favor of closing the public hearing, please signify by saying aye. **Commissioners**: Aye. **Chair Jene Morovich**: All opposed? All right, the public hearing is now closed. Fellow Commissioners, any comments on any of the— [42:15] **Commissioner Christine Zimmer**: Madam chair, yes. So with the revised language for car washes that's in front of us, is this only for standalone car washes? Does this also deal with, I’ll say, kind of a accessory use on a say a motor fuel station, that type of thing? Just kind of curious what boundaries this applies to. [42:30] **Daniel Lick**: Madam chair, it would apply to all car washes—mechanical drive-thru—in within all the various zoning districts. There are some slight differences between the mixed-use districts and the—the commercial zoning districts just because of the potential for residential within those mixed-use districts, but, uh, it would apply to any car wash. So if somebody has a convenience fuel facility, they need a conditional use permit for that. If they’re going to have a car wash with it, they need that conditional use permit subject to those standards as well. [43:00] **Commissioner Christine Zimmer**: And a follow-on question. Um, so like I noticed hours of operation being limited to 7:00 a.m. to 9:00 p.m. Um, if we have existing service stations that perhaps are outside of those hours, is this new language going to affect them or just kind of curious how that would— [43:18] **Daniel Lick**: Madam chair, so the hour limit would apply only to the car wash; uh, it would not apply to any existing car wash operating under a conditional use permit. They would essentially continue as a legal non-conforming use. [43:35] **Commissioner Christine Zimmer**: Got it. Good clarification. Any additional comments? [43:45] **Commissioner Zac**: Madam chair, if no one else is going to chime in, I—I will just state, um, for the record for anyone who's watching or participating in the meeting here tonight. Um, you know, we—we have, um, workshops where we tend to discuss a lot of this language, a lot of the things that we’re looking at. Um, so the language that's in front of us here isn't necessarily new; we've had a chance to kind of think about and talk about a lot of what's being presented here tonight. So in some—some ways, shapes, and forms it may feel like this is being thrown at us and there's a lot of information here, but the reality is we’ve had a lot of conversations about it, um, and had some discussion between planning staff and ourselves about some of these amendments. Um, and so we have considered them, have had conversation, have worked through that. Those workshops are open to the public, they’re advertised along with the other meetings as well. So just want to make that note, Madam chair. [44:31] **Commissioner Ink**: Yeah. Mr. Lick, long time no see. So welcome back. But, uh, great job, thank you for running through it so thoroughly and giving us the—the lowdown on it all. Really excellent job. [44:45] **Chair Jene Morovich**: Yeah, I feel like at this point you could just recite all of that in your sleep. **Daniel Lick**: No, he like— **Chair Jene Morovich**: Any—no, it was just like continuous— **Daniel Lick**: Actually I practice, but so I drum this last night. [45:08] **Commissioner Zac**: Madam chair, I look forward to the audiobook version of this, the City Code. [45:15] **Chair Jene Morovich**: All right. Um, if there are no additional comments— [45:18] **Commissioner Christine Zimmer**: Madam chair, I motion to recommend approval of the amendments to Titles 10 and 11 of the Lakeville City Code as amended. **Commissioner Swenson**: Second. [45:28] **Chair Jene Morovich**: I have a motion and a second. Miss Maro, will you please take a roll call vote? [45:30] **Miss Maro**: Zac? **Commissioner Zac**: Aye. **Miss Maro**: Kusa? **Commissioner Kusa**: Aye. **Miss Maro**: Tinsley? **Commissioner Hinley**: Aye. **Miss Maro**: Morovich? **Commissioner Morovich**: Aye. **Miss Maro**: Zimmer? **Commissioner Zimmer**: Aye. **Miss Maro**: Ink? **Commissioner Ink**: Aye. **Miss Maro**: Swenson? **Commissioner Swenson**: Aye. [45:40] **Chair Jene Morovich**: All right. And when will this item go in front of City Council? **City Staff**: May 6th. [45:46] **Chair Jene Morovich**: All right. And then agenda item number seven is the staff notices and this meeting is adjourned. [45:52] [Music]