Lakeville Planning Commission Meeting 5-8-25

00:50 Start of meeting 01:38 Swearing in of new Planning Commissioner John Swaney 03:15 Annoucements 03:29 Item 6: South Mentro Safe and Vault Interim Use Permit Report and Exhibits 11:56 Item 7: Heritage Commons 9th Addition 19:49 Item 8: Election of Officers

This transcript is from a **Lakeville Planning Commission** meeting. Please note that Planning Commissioners are distinct from the City Council members provided in your context list. Based on the dialogue and the roll call, the speakers have been identified as follows: [0:05] [Music] [0:15] [Music] [Music] [0:55] **Chair Palooza:** I call the May 8th, 2025 Planning Commission meeting to order and ask you to stand for the pledge of allegiance. **All:** I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. **Chair Palooza:** Thank you for that. First order of business is the swearing in of our new planning commissioner, Johny. Raise your right hand and repeat after me. I, state your name. [1:39] **John Sweeney:** I, John Sweeney, **Chair Palooza:** do solemnly swear **John Sweeney:** do solemnly swear **Chair Palooza:** that I will support the Constitution of the United States **John Sweeney:** that I will support the Constitution of the United States **Chair Palooza:** and of the state of Minnesota **John Sweeney:** and of the state of Minnesota **Chair Palooza:** and faithfully discharge the duties **John Sweeney:** and faithfully discharge the duties **Chair Palooza:** of the office of planning commissioner **John Sweeney:** of the office of planning commissioner **Chair Palooza:** of the city of Lakeville **John Sweeney:** of the city of Lakeville **Chair Palooza:** in the county of Dakota and state of Minnesota **John Sweeney:** in the county of Dakota and the state of Minnesota **Chair Palooza:** to the best of my judgment and ability. **John Sweeney:** to the best of my judgement ability. **Chair Palooza:** So help me God. **John Sweeney:** So help me God. [2:25] **Chair Palooza:** Welcome to the commission. If we could ask Secretary Erickson to please take a roll. **Secretary Erickson:** Kinsley? **Commissioner Kinsley:** Here. **Secretary Erickson:** Graphus? **Commissioner Graphus:** Here. **Secretary Erickson:** Palooza? **Chair Palooza:** Here. [2:45] **Secretary Erickson:** Zimmer? **Commissioner Zimmer:** Here. [2:51] **Chair Palooza:** Uh, next item is approval of the minutes. Uh, we had the minutes in the packet for March 20th and uh, planning commission meeting and the April 17th planning commission work session minutes. Does anyone have any changes to those? If not, we will let them stand. Very good. Uh, I'll now turn to planning manager Jensen if we have any announcements for tonight. **Planning Manager Jensen:** Uh, no handouts for this evening and uh, the only announcement is that if tonight's items are not tabled, they should move forward to the May 19th city council meeting. [3:26] **Chair Palooza:** Excellent. Thank you so much. Our next item on the agenda is South Metro Safe and Vault interim use permit. This is a public hearing to uh consider the application of South Metro Safe and Vault for interim use permit and IUP to allow the outdoor sale and display of a safe as an accessory use in the C3 General Commercial District. Uh first up, um is he on teams? Mr. Borchard. [3:57] **Chair Palooza:** Mr. Borchard, if you're there, um please introduce yourself for the record and then uh go ahead. Maybe we're having technical difficulties. We could certainly um possibly have Miss Botten present first. I'm going to suggest that we have Miss Botten present first. Thank you. [4:47] **Stacy Botten (Associate Planner):** All right. Well, good evening, chair, commission members. **Mr. Borchard (Applicant):** Hey, come here quick. Muted. I can't get it out. [5:05] **Chair Palooza:** Mr. Borchard, is that you? **Mr. Borchard:** Yes. **Chair Palooza:** Are you there? **Mr. Borchard:** Yes, we are. **Chair Palooza:** Now, we'd be happy to hear from you about uh your request for an IUP for South Metro Safe and Vault. **Mr. Borchard:** Okay. All right. Thank you very much. [5:22] **Chair Palooza:** I'm good. Okay. And if you could speak up, it's pretty hard to hear you. **Mr. Borchard:** Oh, okay. Um, let me turn up the volume here. Um, okay. Yes. I'm uh I've started uh uh South Metro Safe and Vault in Lakeville on the lower level of Pleasant Hills in 20122. And uh um you just want to know about the yellow safe out there or do you want a little history on our company? [5:52] **Chair Palooza:** I think what we're looking for is uh what your request is regarding uh for the IUP. **Mr. Borchard:** Oh, okay. Uh my request is is that we have a a large yellow safe on a trailer. It's an item that is for sale. Um, it's a very large safe and I was informed uh months ago by the city that I needed to get a $1,500 permit to have that out for customers to see and I paid the $1,500 and then I was notified of this meeting. [6:32] **Chair Palooza:** Okay. Excellent. Thank you so much. I guess we'll move on to uh Ms. Botten to present the staff report. **Stacy Botten (Associate Planner):** Good evening, chair, commission, members. So, this request is for property located at 16350 Kenrich Loop. It is located east of I-35 and on the corner of Kenrich Avenue and Kenrich Loop. The property is zoned C3, which is our general commercial district, as are the properties surrounding this parcel. [7:05] **Stacy Botten (Associate Planner):** So, as mentioned, the applicant is asking for an interim use permit to allow the outside sales and display of a safe. So, outside sales are allowed in the C3 district, but not to exceed 30% of the gross floor area of the leased space, and it's subject to approval of the interim use permit. So, an interim use permit allows flexibility of a use on the property for a temporary amount of time. So this is unlike the conditional use permits that you may be a little bit more familiar with where a conditional use permit runs with the land. The interim use permit will terminate on the happening of any of the following events whichever may occur first. So it may at the date or event that's stated in the permit uh violations of any of the conditions in the permit or changes in the city's zoning regulations which renders the use non-conforming. [7:52] **Stacy Botten (Associate Planner):** So, the South Metro Safe and Vault, their business specializes in the sale of fire and gun safes. So, the proposed outside sale of this area for the safe is located in the southwest corner of the um parcel and it takes up one parking space. So, there's no actual physical changes to the parking lot or the building. The site would still comply with the minimum parking requirements and the proposed outdoor display area does not exceed 30% of that lease area. [8:23] **Stacy Botten (Associate Planner):** So staff believes that the interim use permit uh conforms with the performance standards in the zoning ordinance and is consistent with the goals and policies of the city's comprehensive plan. So staff is recommending approval of the request with the four stipulations that are listed in your report. Thank you. [8:42] **Chair Palooza:** Thank you very much. Uh I doubt that there's anybody here, but maybe uh if you'd like to speak at this public hearing for this particular item. Doesn't appear and there's nobody on the phone in addition to Mr. Borchard. [8:58] **Commissioner Ike:** Madam Chair, seeing no one in the audience, I move to close the public hearing. **Commissioner Swanson:** Second. **Chair Palooza:** Thank you. All those in favor? **Commissioners:** Aye. **Chair Palooza:** The public hearing is now closed and open for planning commissioners to ask questions. Are there any questions? [9:20] **Commissioner Ike:** Commissioner Ike for a question for staff. How does this differentiate from signage? **Stacy Botten (Associate Planner):** Signage is more of just um similar to like the boot that you maybe have seen on site where it's just kind of advertising the business, but you're not actually purchasing it. This—this safe that's out there, you can actually purchase that physical safe if you wanted. So, it's more of a display and sale of a product. [9:48] **Commissioner Graphus:** Thank you, Madam Chair. Commissioner Graphus, uh my—my question, you know, upon visiting the site, um the safe is there. Um, I assume that there's not going to be any change following an approval of what's there now. The safe stays there. It stays on the trailer. It looks just like it looks now. **Stacy Botten (Associate Planner):** Well, it wouldn't be able to be moved off the hard surface if they would move it to a different parking space on this property. I guess I wouldn't see any issue with that as long as it doesn't take up more than one parking space. Um, but it wouldn't be able to go onto the grass or in the corner off the hard surface. [10:26] **Stacy Botten (Associate Planner):** And it could actually—it's not tied to like the specific yellow safe either. I should make that clear. If they would happen to sell that safe and they put out a new safe, they can do that as well. **Chair Palooza:** Any other questions? Like ready for a motion? [10:48] **Commissioner Swanson:** Madam Chair, Commissioner Swanson. I move to recommend to city council approval of the South Metro Safe and Vault interim use permit for outdoor sales and display of a safe or vault in the C3 district subject to the four stipulations listed in the May 8th, 2025 planning report. [11:07] **Commissioner Kinsley:** Second. **Chair Palooza:** We have a motion and a second. I'd like to ask uh Secretary Erickson to take the roll. **Secretary Erickson:** Graphus? **Commissioner Graphus:** Aye. **Secretary Erickson:** Ike? **Commissioner Ike:** Aye. **Secretary Erickson:** Zimmer? **Commissioner Zimmer:** Aye. **Secretary Erickson:** Sweeney? **Commissioner Sweeney:** Aye. **Secretary Erickson:** Swanson? **Commissioner Swanson:** Aye. **Secretary Erickson:** Kinsley? **Commissioner Kinsley:** Aye. [11:30] **Chair Palooza:** Mr. Borchard, if you didn't hear. Are you still there? Uh we thank you for your business here. **Mr. Borchard:** Yeah. Okay. Good. **Chair Palooza:** We thank you for your business here in Lakeville and your IUP has been approved and wish you best of luck in your sales. [11:46] **Mr. Borchard:** Okay, thank you very much. I appreciate it. You guys have a good evening. **Chair Palooza:** Thank you. You as well. The next item on the agenda is the Heritage Commons 9th edition. This will be a public hearing to consider the application of the Architects Partnership Ltd for a preliminary plat of two commercial lots to be known as Heritage Commons 9th edition and the vacation of public drainage and utility easements. Uh here to speak on behalf of the project is uh Matt Lingham. [12:27] **Conner McCoy:** Hi, I'm not actually Matt Lingham. I'm Conner McCoy. I'm filling in for him. Um good evening. Thank you for having me here today. Uh we appreciate your time and consideration of our application. Um I'm here on behalf of TAP and Chase. um and we'll be happy to answer any additional questions after any presentation um that they have for the Chase Bank. But essentially, we're uh planning to split the lot into two separate parcels. One will have the Chase Bank with a 24/7 ATM and um drive-through lane and bypass lane. Um and then east of that is undetermined right now. **Chair Palooza:** A what? **Conner McCoy:** The east parcel is undetermined right now. [13:12] **Chair Palooza:** Okay. And I did not catch your name to write it down. **Conner McCoy:** Uh Conner McCoy. **Chair Palooza:** Conner McCoy. McCoy. M-C-O-Y. Yep. Okay. Thank you very much. **Conner McCoy:** Thanks. [13:27] **Chair Palooza:** We'll ask uh planning manager Jensen to come forward with presentation. **Planning Manager Jensen:** Good evening, commissioners. Uh before you this evening is a preliminary plat and easement vacation for Heritage Commons 9th edition. Uh, as Conner said, it is um a—a two lot subdivision of a parcel uh for a Chase Bank and a—a future user to be determined. Uh, the property is north of 202nd Street, just down the street here from city hall and between Ideelic and Iberia Avenues in the Heritage Commons uh, development. It is zoned to PUD uh because it is part of that Heritage Commons PUD, but it does have the C3 district which is our general commercial district as its underlying zoning. [14:13] **Planning Manager Jensen:** This is the preliminary plat. It is currently uh the parcel is currently an outlot uh from the Tires Plus uh development to the—to the east. So they are proposing to split this into uh two parcels. Each parcel uh is in excess of the minimum lot size required for that C3 district. Uh and then this is the proposed site plan for Chase Bank. Uh the the structure itself is about 3,400 square ft. It is oriented to Ideelic Avenue. Uh it does have a drive-thru ATM on the south side including a bypass lane uh to allow other vehicles past that. Uh there is parking um on the site and it will have a stub for the uh east parcel and you will have access from Ideelic and from Heritage Drive. Uh and then there will be storm water ponding on the site. This pretty pond here. [15:00] **Planning Manager Jensen:** This is the landscape plan. Uh there are overstory trees uh around the site. There are additional plantings on the south side here with the drive-thru area to help block those headlights. The landscape plan has been uh reviewed and approved by the city forester. [15:30] **Planning Manager Jensen:** Um this is just kind of a—a ghost or a concept layout for that vacant parcel uh to show how, you know, potentially it could be developed. Again, we do not have an identified user for that. Um, but they will have a—a connection at this point and then with the Tires Plus side, a connection both uh on the north and on the south side for give them flexibility in how that site were to lay out. Uh, the building is a one-story building. Uh, as you can see, it uses nearly 98% Grade A materials. They have three colors of brick, uh, cast stone and glass materials. Um, the design element that you see right here, it's a kind of a stripe across the building here, that is consistent with all of the other Heritage Commons buildings in that development. If you go look and see, uh, you will see that design element. So, we asked them to incorporate that to help carry that through and—and they were happy to add that uh, to that building. [16:38] **Planning Manager Jensen:** Uh the also the trash enclosure will be made up of the same uh materials as the building. Uh consistent with that uh that is all I have for you. Uh staff does recommend approval of the Heritage Commons 9th edition preliminary plat and easement vacation subject to the 11 stipulations that were included in your planning report. [17:00] **Chair Palooza:** Thank you very much, Miss Jensen. Uh I'll make the announcement again if there's anyone uh that wishes to speak. It's time to ready for a motion. **Commissioner Ike:** Madam Chair, seeing still no one in the audience, I move to close the public hearing. [17:21] **Commissioner Swanson:** Second. **Chair Palooza:** We have a motion and a second. All those in favor signify by saying Aye. **Commissioners:** Aye. **Chair Palooza:** Public hearing is now closed. Does anyone have any questions for um—um our presenter or uh staff? **Commissioner Swanson:** Madam Chair, Commissioner Swanson. um might have the um representative come back up real quickly. Um just curious as I was looking at the site I noticed um I see the building I see a storm water pond and then there's kind of some uh grayed out rectangular piece kind of in the northwest corner of the parcel. Could you maybe help me out in understanding what might be at that location on the parcel? [18:20] **Conner McCoy:** Yeah, that's uh currently underground storm water storage for the improvements for Heritage Drive. So that everything collected off there gets put there right now and that's where we tie in our above ground storm water too. [18:35] **Commissioner Swanson:** Gotcha. So that kind of helps explain as I'm looking at the site I was kind of wondering why nothing was happening in that portion of the site or why that wasn't part of the development here. So that—that makes sense. I appreciate you clarifying that. Thank you. **Chair Palooza:** Have any other questions? [18:52] **Chair Palooza:** Thank you so much. There are no other questions and I think we're ready for a motion. **Commissioner Kinsley:** Make a motion to recommend to city council approval of the Heritage Commons 9th edition preliminary plat and easement vacation subject to the 11 stipulations listed in the April 25th, 2025 planning report. [19:17] **Commissioner Swanson:** Second. **Chair Palooza:** We have a motion and a second. Uh, Secretary Erickson, will you take the role? **Secretary Erickson:** Graphus? Aye. Ike? Aye. Zimmer? Aye. Sweeney? Aye. Swanson? Aye. Kinsley? Aye. [19:37] **Chair Palooza:** There you have it. Thank you so much for being here, Mr. McCoy. Appreciate your time. Next on the agenda is election of officers uh for planning commission uh per our memo that we received uh and uh uh we would be open for nominations. **Commissioner Kinsley:** Madam Chair, I nominate a slate of uh Christine Zimmer for chair and Scott Ike for vice chair. **Commissioner Swanson:** Second. [20:10] **Chair Palooza:** We have a motion and a second. I'm going to call for nominations. Are there any nominations? Are there any nominations? Are there any nominations? Uh, all right. After three calls, uh, nominations are now closed and we'll take a voice vote on the slate. All those in favor of the slate, uh, please, uh, say Aye. **Commissioners:** Aye. **Chair Palooza:** All opposed? The Ayes have it. Congratulations all around. Uh, next item is uh planning manager memo. If there's anything other than since our items weren't tabled, they'll be moved forward to May 19th. [20:53] **Planning Manager Jensen:** City council, that is correct. **Chair Palooza:** Excellent. Motion to adjourn. **Commissioner Ike:** So moved. **Chair Palooza:** We're adjourned.