This transcript appears to be a **Planning Commission** meeting rather than a City Council meeting, so the speakers are members of the Planning Commission and specific city staff rather than the Mayor and Councilmembers. Based on the context provided and the dialogue within the transcript, here is the formatted version with speaker names: [0:11] [Music] [0:20] [Music] **Chair Zimmer**: I call the June 26, 2025 planning commission meeting to order. Would you please rise for the pledge of allegiance [0:47] **All**: ...of America to the stands one nation indivisible for all [1:04] **Chair Zimmer**: Our first item of business um will be the swearing in of our new planning commissioners. And we would like to have our secretary Don Ericson please swear in Mr. Dylan Duckworth. [1:21] **Don Ericson**: Raise your right hand and repeat after me. I, state your name. **Dylan Duckworth**: I, Dylan Duckworth, **Don Ericson**: do solemnly swear **Dylan Duckworth**: do solemnly swear **Don Ericson**: that I will support the Constitution of the United States **Dylan Duckworth**: that I will support the Constitution of the United States **Don Ericson**: and of the state of Minnesota **Dylan Duckworth**: and of the state of Minnesota **Don Ericson**: and faithfully discharge the duties **Dylan Duckworth**: and faithfully discharge the duties **Don Ericson**: of the office of planning commissioner **Dylan Duckworth**: of the office of planning commissioner **Don Ericson**: of the city of Lakeville **Dylan Duckworth**: of the city of Lakeville **Don Ericson**: in the county of Dakota and state of Minnesota **Dylan Duckworth**: in the county of Dakota and state of Minnesota **Don Ericson**: to the best of my judgment and ability. **Dylan Duckworth**: to the best of my judgment and ability. **Don Ericson**: So help me God. **Dylan Duckworth**: So help me God. [2:00] **Chair Zimmer**: Next we'll call up Aaron Duckworth. [2:08] **Don Ericson**: I, state your name. **Aaron Duckworth**: I, Aaron Duckworth, **Don Ericson**: do solemnly swear **Aaron Duckworth**: do solemnly swear **Don Ericson**: that I will support the Constitution of the United States **Aaron Duckworth**: that I will support the Constitution of the United States **Don Ericson**: and of the state of Minnesota **Aaron Duckworth**: and of the state of Minnesota **Don Ericson**: and faithfully discharge the duties **Aaron Duckworth**: and faithfully discharge the duties **Don Ericson**: of the office of planning commissioner **Aaron Duckworth**: of the office of planning commissioner **Don Ericson**: of the city of Lakeville **Aaron Duckworth**: of the city of Lakeville **Don Ericson**: in the county of Dakota and state of Minnesota **Aaron Duckworth**: in the county of Dakota and state of Minnesota **Don Ericson**: to the best of my judgment and ability. **Aaron Duckworth**: to the best of my judgement and ability. **Don Ericson**: So help me God. **Aaron Duckworth**: So help me God. [2:40] **Chair Zimmer**: Thank you very much and welcome to our newest planning commissioners. Our next item of business, um, could we have a roll call, please, when you get ready there, Miss Ericson. **Don Ericson**: Tinsley here, [Trafice] here, Kuza here, Zimmer here, Ike here, Sweeney here, Swanson here. [3:03] **Chair Zimmer**: The next item on the agenda is the approval of the minutes. And we've all had those in our packet. Does anyone have any changes to the minutes? If not, we'll let them stand as is. Thank you. Have any announcements um from our planning manager, Miss Jensen. [3:20] **Cathy Jensen (Planning Manager)**: Thank you, Chair Zimmer. Uh you do have uh some additional findings of fact in front of you this evening. Those are for Heritage Commons 10th edition for the PD amendment. Miss Botton will uh cover those during her presentation. Uh and tonight's items, if not tabled, will move forward to July 7th. Thank you. [3:46] **Chair Zimmer**: Thank you very much. Um next up we have the public hearings. And if you are interested in speaking tonight on behalf of an issue, please sign up at the back of the room if you'd like to come up and uh speak to the planning commission about the various issues we have. If you can specify um which item on the agenda you have as well, that would be very helpful. Uh our first item is Divine Encounter Church. Uh this is a public hearing to consider the application of Divine Encounter Church for a conditional use permit to allow a religious institution use in the C3 General Commercial District located at 17685 Juniper Path. And I'm going to call up our applicant first, Pastor Zapora Bagono. [4:41] **Pastor Zippora Bugonko**: Please come forward. Thank you so much for being here and if you can state your name for the record and then go ahead and give us your comments. Okay. Thank you. My name is Pastor Zippora Bugonko and on behalf of Divine Encounter Church, we'd like to present our request uh which will primarily be uh um weekly Sunday services and mid midweek Bible studies and daily prayer. In addition to our core activities, we'll also hold other church related activities like special events and workshops and occasionally we'll do outreach activities to our community. Thank you. [5:35] **Cathy Jensen (Planning Manager)**: Please go ahead. Thank you. Yes. Good evening, chair, commission members. So, the request in front of you tonight is a conditional use permit. It's located in an existing building lo uh west of Kenwood Trail off of Juniper Pass. The property is zone C3, which is our general commercial district. The request for conditional use permit is to allow a religious institution in a C3 zone building. So, as the applicant stated, the church is proposed to occupy about 2385 square feet of the existing uh 36,623 ft building. So, you can kind of see in the floor plan above in the shaded area, that would be the part that the church would occupy. The existing site includes 154 parking spaces and the church is anticipating approximately 50 attendees for its weekly Sunday uh services. So the parking requirements in city code would be on a ratio of one parking space for three seats of design capacity of the assembly hall which would then require about 17 parking spaces. So staff believes that the existing parking on site is sufficient for the proposed use and there are no changes proposed to the exterior of the building. Um no expansions at this time and they're not planning to change the appearance or anything from the exterior. Um and actually I don't think they're planning to do any interior remodel at this time either. But if there would be, they would have to go through the proper building code and um permit requirements for that. So at this time, staff is recommending approval of the conditional use permit with the five stipulations that are listed in your packet and the findings of fact that were included for your review. Thank you. [7:18] **Chair Zimmer**: Thank you very much. Uh this is a public hearing. Is there anyone that wishes to speak on uh this issue with the Divine Encounter Church? **Commissioner Swenson**: Madam Chair, I'd move to close the public hearing. **Commissioner Ike**: Second. [7:34] **Chair Zimmer**: We have a motion and a second. All those in favor signify by saying I. **Commissioners**: I. **Chair Zimmer**: The public hearing is now closed. Uh, next up would be commissioner's questions for this um request. [7:54] **Chair Zimmer**: Madam Chair, please go ahead. **Commissioner Trafice**: My question is just about the signage. I wasn't entirely clear what it would look like, but what what will the signage look like when the church is in the building? **Cathy Jensen**: I will probably defer this to the applicant as at this time no signage has been included with the request and staff is not approving any signage at this time. They would just have to comply with any kind of requirements in our zoning code. Um, but the applicant may have additional information or provide what they're thinking. [8:26] **Chair Zimmer**: Pastor Bongo, could you answer that question for us, please? [8:37] **Pastor Zippora Bugonko**: We will um go along with whatever is proposed by the owner concerning the sign. So, whatever they ask us to do is what we'll we will give it to them. Whatever they approve is what we will go by. Yeah. Thank you very much. [8:56] **Chair Zimmer**: There are no other questions and I think we're ready for a motion. **Commissioner Ike**: Make a motion to recommend to city council approval of the conditional use permit for a religious institution to be located at 17685 Juniper Path subject to the five stipulations listed on the June 16, 2025 planning report as a uh and adopt the findings of fact. **Commissioner Sweeney**: Second. [9:25] **Chair Zimmer**: We'll second that. Thank you. Um, Miss Ericson, will you please take a roll? **Don Ericson**: Trafice. **Commissioner Trafice**: I. **Don Ericson**: Palooa. **Commissioner Palooa**: I. **Don Ericson**: Zimmer. **Chair Zimmer**: I. **Don Ericson**: Ike. **Commissioner Ike**: Hi. **Don Ericson**: Sweeney. **Commissioner Sweeney**: I. **Don Ericson**: Swanson. **Commissioner Swanson**: I. **Don Ericson**: Tinsley. **Commissioner Tinsley**: Hi. [9:44] **Chair Zimmer**: Thank you very much. Um, with that, just so you're aware, um, the this item will appear before the July 7th city council meeting. Thank you. Uh, our next item is a public hearing to consider the application of Lauren Donic for a conditional use permit to allow a commercial recreational facility in the OP office park district located at 213000 Juniper Way. And I'd like to ask the applicant to come forth. Thank you so much. Can you please identify yourself for the record and then go ahead and give us your comments? [10:24] **Lauren Donic**: Um, yeah, my name is Lauren Donic. Um, we want to open Pickle in the Mill indoor pickle ball facility. We currently have a facility in Brooklyn Park and one in Woodbury and uh would like to open one in uh Lakeville. Facility will have 15 indoor courts. Uh it be open 24/7. Uh people will receive a pin code to enter the facility and uh play pickle ball. Thank you very much. [11:15] **Cathy Jensen (Planning Manager)**: Thank you so much. All right. So, this request is located on the north side of County Road 70 in the recently approved Lakeville 35 Logistics Center building currently under construction. The zoning of the property is Office Park, which is our OP district. And within this district, the conditional use permit is to allow a recreational facility within that OP office park district. As mentioned, the applicant has stated that they would like to operate a pickle ball facility called Pickle in the Middle. So, they are looking at 42,000 square feet of the 190,000 foot building. Um, in addition to the pickle ball courts, there would also be storage lockers and just like a lobby check-in and then a small meeting room. So, there would be no food or beverage and no alcohol or anything like that on the property or served within inside the building. So it's just as he mentioned, you get a four-digit code before your time slot, and you just kind of go in. There's no on-site staff. There is a manager that would kind of uh that shows up every once in a while, but not full-time staff. So, parking is primarily provided on the west side of the building and on the south side. And where semi-truck traffic, you're going to see more along the north side um entering over here. So the pedestrian and guest parking um the pickle ball user should not be really crossing traffic paths with any kind of semi-truck traffic. Uh the site is designed for 223 parking spaces and based on the average occupancy of the other facilities and at the peak usage and times they are anticipating about 50 to 60 vehicles on site at their peak times. So staff does not believe that parking will be an issue. Uh but the applicant, the owners of the property have included um on this site back here, here's the building. This is the area the pickle ball would be renting the pickle ball space behind it. They're kind of showing a proof of parking just in case parking does become an issue on site. They have space on there to add additional parking stalls, but we are not anticipating this to be an issue. The staff is recommending approval of the conditional use permit with the two stipulations, excuse me, listed in your staff report and the findings of fact that was included. Thank you. [13:54] **Chair Zimmer**: This is the public hearing and uh is there anyone that wishes to speak on behalf of this issue or in addition to our presenters? Seeing none, I would move to close the public hearing. **Commissioner Swenson**: Second. **Chair Zimmer**: All those in favor signify by saying I. **Commissioners**: I. **Chair Zimmer**: Uh opposed. The public hearing is closed. Now move to questions from planning commissioners. [14:10] **Commissioner Swenson**: Madam chair, if I could have the applicant come up briefly, not necessarily in the purview of what planning commission gets to deal with and everything, but um having daughters playing volleyball and inside some of the similar facilities like this inside a warehouse and all that, just kind of curious what you do for acoustics and trying to kind of keep noise levels manageable um with sporting activity in a warehouse space. [14:40] **Lauren Donic**: Inside the space. Um, in Brooklyn Park and Woodbury, we don't put anything and we're trying to put uh we're testing right now to put foam. Really hasn't been any issues. [15:00] **Chair Zimmer**: I have a question. It's going to be operated 24/7 as you said your other facilities are as well. Do you have any issues with that? People coming and going at all hours. Is there uh any instance, you know, any crime or problems? [15:23] **Lauren Donic**: No. No. Uh Brooklyn Park, we've been open for two and a half years now and uh it's been pretty self-regulated. Uh Woodbury, we've been open almost a year and that's been really successful too. So, um the only issue we have sometime people play 20 30 minutes longer u but that we manage with the customers. [15:41] **Commissioner Swenson**: Madam Chair, I was just going to comment too, I do appreciate where this facility is located in that building as the was commented on with the truck location on the site. This being down on the end certainly seems to make a lot of sense and is a good location for it in this building. [16:28] **Commissioner Trafice**: Madam Chair, I noticed in the plans there's a party room. So, is it acceptable to bring food and drink? [16:47] **Lauren Donic**: Uh yeah, if um in Woodbury, Brooklyn Park, we have like hockey teams coming, soccer teams, and they bring the kids, order some pizza, and then they play pickle ball. Uh so that's why we usually have uh in those location, uh Woodbury, we don't have a party room. Broken Park, we have one. And it seems that it's easier to to keep it organized, clean, and not having food in the hallway and the courts. Thank you. [17:10] **Chair Zimmer**: Any other questions? Ready for a motion? **Commissioner Swenson**: Madam Chair, Mr. Swinson move to recommend to city council approval of the conditional use permit for an indoor commercial recreation use in the OP district at 213000 Juniper Way subject to the two stipulations listed in the June 16th 2025 planning report and adopt the findings of that. **Commissioner Kuza**: Second. [17:27] **Chair Zimmer**: We have a motion and a second. Miss Erikson, would you please take the role? **Don Ericson**: Kuza. **Commissioner Kuza**: I. **Don Ericson**: Zimmer. **Chair Zimmer**: I. **Don Ericson**: Sweeney. **Commissioner Sweeney**: Hi. **Don Ericson**: Swanson. **Commissioner Swanson**: Hi. **Don Ericson**: Tinsley. **Commissioner Tinsley**: Hi. **Don Ericson**: Trafice. **Commissioner Trafice**: Hi. [17:49] **Chair Zimmer**: Thank you. And is it Donig? It's not quite right on here, but that's okay. Thank you so much. Looking forward to a pickle ball facility here in Lakeville. [Laughter] And again, that uh item would move forward to the July 7th city council meeting. Thank you. Uh, next on the item, next item on the list is uh, Crossroads Third Edition, a public hearing to consider the application of LFPC Properties LLC for the following located north of 175th Street, west of Glacier Way. A couple items here. A, preliminary and final plat of one lot and one outlot to be known as Crossroads East, third edition. B, a conditional use permit to allow a veterinary clinic in the C3 uh general commercial district. And I would ask first for um Mr. Hickox to come forward and give a presentation on this development. [18:36] **Brady Hickox**: My name is Brady Hickox. I'm an architect with Truisha Construction. We're out of Wilmer, Minnesota. Um, we've been working with Dr. Shannon and Ben Kenny of Lakeville Family Pet Clinic, um, for a while on their new facility, which is what this project is that we're looking at tonight. Um, they currently operate out of a a strip just a little bit to the southwest of what this property is we're looking at tonight. Um, and the new project will be a new building approximately 9,000 square ft of general practice veterinary care. Um, so people often ask, is there boarding? There is no plan for boarding here in this facility. Um, so we just want to make that clear. Um, the property itself is not platted. That's part of what we're here tonight, you know, to get approval on that as well. And then, um, the use is a cup. So, um, that'd be the additional approval as well. That's all I have. Thank you. [19:56] **Cathy Jensen (Planning Manager)**: Thank you. Good evening, commissioners. Uh, as Mr. Hickox did state, this is a public hearing for a preliminary plat and the conditional use permit. Uh, the plat is to be known as Crossroads East Third Edition. Um, it is, as we've mentioned, located at 175th and Glacier Way. The existing clinic is in this building right here, so just a block to the southwest. Uh the site uh is a remaining outlaw area from the other uh crossroads east developments of Kinderare, Subway and Christian Brothers Automotive. Uh the zoning there is PUB. It is part of that crossroads PUD in that area and the underlying zoning uh district is the C3 General Commercial District. Uh this is the preliminary plat. Uh the veterinary clinic would be located on lot one, block one here at the corner. uh the remainder of the outlot being platted would just be platted as an outlot. Um so at the time um that lot were to come forward for development, it would need its own preliminary and final plat uh to be platted. Uh this is the site plan of the building. It does have a just under 8,000 square footprint uh but just over 9,000 square foot total. There's 48 parking spaces on site. Uh there is also a fenced uh relief area uh for animals in the back um that are at the clinic for medical attention. Um there is get my mouse moving. The trash enclosure is here in this location. Um parking is accessed. This is an existing uh drive aisle for the for that commercial area. So there will be access at this location for the parking in front and on the side of the building. Otherwise, the remainder of the parking stalls will be accessed off this drive aisle. Uh it's kind of a mirror of the Kinder Care site which has um parking stalls in this location off of that drive aisle. So it's a similar setup there. This is the landscape plan the city forester has reviewed. Um did provide some minor comments that the applicant uh is working on. Those would be to add a couple of additional overstory trees in this area um and along the the fenced area and then some uh landscaping just around the electrical transformer for screening. So um though the revised plan will is required to be submitted prior to city council consideration of the project. Um this is the building elevations. As you can see it's a um primarily one story. There is a slight second story in part of the building um with a um variety of materials. There's multicolor or multi-graay toned brick and stone on the building. Um there is some uh vertical gray siding as well as some redwood toned uh siding for accent. Um it does meet our ordinance requirements of 65% grade A materials uh with the remaining materials as grade B. Um just these are the exteriors uh in black and white. The trash enclosure as you can see down here would be the same stone that's uh proposed for the building. Um, and then part of the CUP for the vet clinic, there's a the zoning ordinance includes a few uh review criteria and those are uh that the animals are confined indoors and the building is soundproofed. Um, in this case, obviously, it is a standalone building. The kinder next door is about 100 ft away. Um, the relief area will have a solid fence which I presume helps minimize, you know, dogs barking at things nearby. Um, and those animals will be accompanied by a staff member at all times when they are are outside. Um, that animal carcasses are disposed of properly. The the clinic will include um an animal morg, which is a a freezer that will hold animal remains until they are disposed of properly by a third party. Um, and then as Mr. Hickox noted um animal kennels are a permitted use to a a vet clinic, but there are no plans to board animals other than those that are receiving medical treatment. Uh staff does recommend approval of the Crossroads East third edition preliminary plat and conditional use permit subject to the eight stipulations that were included in the planning report and findings of fact were also attached for your consideration. And I'll stand for any questions you may have. [24:28] **Chair Zimmer**: Thank you, Miss Jensen. Once again, this is a public hearing. If we have uh members of the public that wish to make comment, please come forward at this time. And seeing no one jumping up. **Commissioner Swenson**: Madam Chair, I move to close the public hearing. **Commissioner Ike**: Second. [24:45] **Chair Zimmer**: We have a motion and a second. Uh all those in favor signify by saying I. **Commissioners**: I. **Chair Zimmer**: And opposed. public hearing is now closed and we will take uh questions from planning commissioners and I do have one um and a comment. So um Mr. Hickox or perhaps the applicant um I was asked the question when you bring the pet in and then you've got a relief area. So, um, the child care place being so close and the kids walking and everything, I just want to make sure it's going to be that area designated that gets used for relief. [25:13] **Brady Hickox**: Yep. And actually, we do have two um there's a relief area on the front end of the building so that as you do come for your appointment, you can have them use that initially and that has fence on two sides. It's it's, you know, intended that they're still on their leash. Um, but that's on the front side near that parking lot, I it was kind of that front corner of the parking lot. Um, but then the one in the back that's even closer to the to the kids space. Um, those would be opaque fences that are 8 feet high. So, that would they're not going to see or even know that they're in there. [25:58] **Chair Zimmer**: So, that sounds great. Just knowing how kids walk. Everywhere they want to go. Yeah, for sure. So, I appreciate that. Are there other questions for this applicant? [26:20] **Commissioner Swenson**: Madam Chair, not really questions, more just commentary here. So I I remember being up here uh when the initial application came in at the strip mall for the initial location here. So um always happy to see businesses in Lakeville. Uh you know, we had business before looking to come and locate here in Lakeville. Always happy to see businesses expanding and thriving in Lakeville as well. and so really excited to see this new facility come to the city. I think it's a great thing um to see you expanding into such a nice looking building. So appreciate that. [26:55] **Chair Zimmer**: Thank you. There are no other comments. Looks like we're ready for a motion. **Commissioner Ike**: Motion to recommend to city council approval of Crossroads East third edition preliminary and and final plat and conditional use permit subject to the eight stipulations listed in the June 11th 2025 planning report and adopt the findings of that. **Commissioner Sweeney**: Second. [27:20] **Chair Zimmer**: We have a motion and a second. Miss Ericson, will you take the role, please? **Don Ericson**: Zimmer. **Chair Zimmer**: I. **Don Ericson**: Sweeney. **Commissioner Sweeney**: I. **Don Ericson**: Swenson. **Commissioner Swenson**: I. **Don Ericson**: Tinsley. **Commissioner Tinsley**: I. **Don Ericson**: Palooa. **Commissioner Palooa**: I. [27:57] **Chair Zimmer**: Thank you so much as stated before uh as this item is moving forward it will be uh up on July 7th for the city council and as Commissioner Swenson said thank you so much for your development and expansion here in Lakeville. Item number nine, this is Heritage Commons 10th edition public hearing to consider the applications of HVP uh V Epic Heritage LLC and SMNPT1 LLC for the following preliminary plat for one lot and one outlot to be known as Heritage Commons 10th edition. Uh B, a conditional use permit for two convenience restaurants. C, planned unit development amendment to add property to the Heritage Commons PUD and D vacation of public drainage and utility easements. We have Mr. Paul Tucci here uh with Tucci development to present. [28:37] **Paul Tucci**: Madame Chair, members of the commission. Um yes, I'm presenting. This is there there's a couple of pieces here. Well, I'm going to present for the whole thing. We are buying um my partners and I we're going to buy the platted lot. So you see in front of you there's a plat a vacation and then a PUD amendment and a CUP. I'm kind of the PUB CUP, but I'm going to speak for everything. Um uh Bruce Cheetah is also here. Bruce is the owner of Lake Marian Collision. Uh the what we're doing is there's a little triangular piece on the south side of of Mr. Cheetah's lot. Uh there's a there's a land swap, for lack of a better way to say it, happening between Epic and Mr. Cheetah. We're doing some parking for him over on the east side of his lot. Um that then allows Epic to create the plat, which creates lot one, which we're going to buy and develop and put in a quickserve uh restaurant and a a coffee uh operator. So generally speaking, and I know that it's kind of, you know, it's the shell game, not shell game, it's a domino game. We got have the first domino fall being the plat. The second one is the vacation of easements. Then we jump in. Um everything in the staff report. Uh we've worked uh diligently with staff and I will say that I actually worked with staff in another city recently and she does a great job and she hasn't thrown me out. So that's a positive too. Um, and we are good with everything that they've put in. I will point out we are asking for some uh PUB uh I'll say lenience on parking. We are two stalls short of meeting requirement. We've talked to our operators. We're more than comfortable. We've done these two together in three other spots and I can tell you that this is the most parking we've had in these spots. So, they are very comfortable with it. I believe staff is I'll let them speak to that and everything else looks from our chair very good. So I'll sit down, let staff talk and answer any questions if you have. [31:08] **Miss Botton (Staff Planner)**: Thank you chair, commission members. As Mr. Tucci stated, this is kind of a multi-step multi- um lots of requests going in here. So hopefully you can stay with me and ask questions at the end. So this request is for property located in the northeast corner of Dodd Boulevard and 202nd Street or Kenwood Trail, also known as CASA 9 for Dodd Boulevard and CASA 50 uh for Kenwood Trail. The property is currently zoned a PUD, the planned unit development, except for the little red triang or not even a triangle. I'm not going to try to guess what shape that is. That shape right there within the PUD. And the comprehensive plan is guided as commercial. So the first step we're kind of looking at is this preliminary plat for a one lot, two outlot subdivision to be known as Heritage Commons 10th edition. The property overall is about 3.74 gross acres in size. Um lot one for Chipotle and Starbucks will be about 1.38 acres. Uh outlot A, which is this lot right over here, is 2.17 acres and will be used for future development. And then outlot B, which is just a tiny little sliver over here, u which Mr. Tucci uh mentioned will be combined then and consolidated with Lake Marian Collision Property as a condition of the final plat. Um the next step is kind of this PUD amendment that they're asking for is to add 0.14 acres into the Heritage Commons PUD. So this red mark here will then be part of the Heritage Commons PUD. The underlying zoning district of this area though will still remain as that C3 commercial zoning. Next, we're looking at the uses proposed on the property for the convenience restaurants do require conditional use permits. So, the conditional use permit covers both of those restaurants. Um, access to the property will be off of Heritage Drive. That will be the main access point and then there will be a secondary access that will go across outlot A and then connect over to the O'Reilly parcel to the east. Uh, the proposed restaurants are each a single story and they both have drive-thrus. Uh the both the buildings and the drive-throughs comply with our code requirements for stacking and setbacks. Uh the site plan identifies 27% of green space on the site which our code requires a minimum of 25% so they exceed that requirement. Um as Paul mentioned they're asking for some flexibility from parking. Uh so there are 51 spaces that are required. They are proposing 49 spaces and as it's like it's set up here as like a shared design system. So staff is comfortable with this flexibility requirement due to the off- peak times of the proposed restaurants. The applicant's also asking for flexibility from the parking stalls that are to the north here that will benefit Lake Mary and Collision and from this stacking area for the drive-thru. Both of those encroach into the setbacks. Um so they are asking for this flexibility to maximize the development potential on the property. Engineering has reviewed the location of the batuminous in this area and they support the setbacks and the flexibility requirements. Looking at the grading and landscaping plans, the landscaping plan on this prop or this site plan here, it shows you a mix of deciduous and ornamental trees and shrubs. Most of the plantings around the building, you're going to see more of the shrubs and smaller plantings. And the trees mostly are located between the county roads and the drive-thru areas. And this is done on purpose to help minimize the impact from light shining onto um roads and cars and pedestrians onto the county roads. The forester has reviewed this plan and supports the landscaping as proposed. Um the grading and drainage plan shown in the northern or to the left of the page here. Um they're showing one privately owned and maintained underground storm water infiltration system on the site which is kind of hard to see which would be right here. Um the gradient drainage and erosion control plans have been submitted with the preliminary plat. Engineering has reviewed those plans and is in support and recommends approval of those plans. uh at this level with the recommendation and any stipulations listed in their engineering report. The final plans will then be reviewed again at the next stage. The building elevations do comply with our exterior building material requirements. You will see that there is a stripe proposed in both of the buildings like an accent stripe. This is a design element of the Heritage Commons PUB. And you'll see that stripe in all the buildings within that PUD. Um you are noticing some signage on these buildings here, but we are not approving the signage at this time. That would be done by building permit and they would just have to comply with the uh signage requirements of the Heritage Commons PUD. And then the final request of this is kind of cleaning up some existing um DNU easements that were already on the property. So there's an existing perimeter DNU easement on an outlot A from Heritage Common sixth edition. So that those easements will be vacated as part of this request with the plat. And then with the final plat all required perimeter easements or any other um easements that are required from the city will be dedicated on that final plat. The staff is recommending approval of all the requests in front of you that include the preliminary plat, vacation of easements, planned unit development amendment, and conditional use permit with the 10 stipulations listed in your staff report. And now there are two findings of fact that were presented to you. The one that was included with your packet was the conditional use permit. And I inadvertently forgot to include the PUD amendment findings of fact. Um they're very similar with the findings though that you'll see. So we were recommending approval of both of those to be included. So any questions for staff? [37:42] **Chair Zimmer**: Perfect. Thank you. Uh same standard operating procedures as a public hearing. Is there anyone that wishes to speak? And not seeing anyone. **Commissioner Swenson**: Move to close the public hearing. **Commissioner Ike**: Second. [37:59] **Chair Zimmer**: We have a motion and a second. All those in favor of closing the public hearing, please say I. **Commissioners**: I. **Chair Zimmer**: The public hearing is now closed. Um, questions from and comments from planning commissioners. I know I have one about—could someone walk us through the stacking and how the restaurant works with the diagram? [38:36] **Paul Tucci**: I'll start on the building that's more northerly that's going to be the quickserve restaurant, but I will tell you uh as mentioned uh it's Chipotle and it's yes, it's a drive-thru lane, but it's not a drive-thru lane in it's pickup lane. You don't pull in and say, "I want a burrito bowl with this, this, and this." into an order board. It's all digital. Uh you you order online and you get a notice uh that says you'll be ready in 15 minutes. You can go park. If you're there, you can wait for it. They'll call you. You've paid for it. You run through and you pick it up. They move through quickly. Uh the other operator coffee uh as mentioned is Starbucks and theirs is a little different. They traditional come through uh order and queue the queuing that we have. I'm trying to count them as I'm standing here. I think we have 14 cars in that queue if I remember right. um stacked in in the queuing stack and and that is uh it's a lot but as we've all seen there's times where they might have 14 15 cars. Um I think as we talked about the crossover of times when they are the busiest the other use isn't going to be open. uh operating hours of the restaurant are uh 10:45 uh in the morning until 10 at night. So by that time the coffee will start to settle down from their morning peak. They will have other peaks, you know, other tanches through the day that are higher, but it should move uh rather well in both instances. We've we've made a conscious effort to keep the the entrance of the one and the exit of the other have some separation in there so you don't have too many conflicts. But again, uh the the Chipotle, you're moving through there quick. And if you're waiting, even if you come up to the window and for some reason it said you were ready and you're not, they're going to send you around. They'll have uh spots labeled in front that are for mobile order pickup. So, they'll tell you go to a mobile order pickup and we'll walk it out to you. Okay. [41:07] **Chair Zimmer**: Thank you. Other comments or questions? **Commissioner Kuza**: Madam Chair. Um, I am comfortable with the flexibility on the parking given the kind of ample stacking space. I appreciate um the amount of space given the experience we've had with other uh fast casual restaurants and coffee locations in the city where it it does kind of at times overflow a little bit. Um but I think this is a well-designed project. I think it's a great location for for them and um happy with that the amount of space there. [41:49] **Commissioner Swenson**: Chair, you happen to have your civil engineer with you here tonight? **Paul Tucci**: No, not a problem. **Commissioner Swenson**: I might put our engineer on the spot briefly then. **Paul Tucci**: I play one every once in a while, so I'll try my best. **Commissioner Swenson**: So, I was just uh I'm a water resource engineer by trade. Just commenting on the underground storage facility um that you have in in this that it's a little different than a lot of the features and facilities we see um in Lakeville where we typically have I'll say a surface water feature or surface infiltration feature. Um can you maybe comment on the why or why we went this route? [42:09] **Paul Tucci**: Um well I think you may not like the answer. It is it was the economics of the deal. Um it was it was more uh it worked better for us to do this and frankly it it left the residual lot which is outlot a a little bit easier to develop. Now when they if somebody takes that whole lot at once they may put something there but for us it was it was kind of twofold but economics played a big part of it. [43:14] **Commissioner Swenson**: So the way I like to think about it is in order to get what you wanted on the site, you needed the space. And in order to have fit everything into that piece, underground was where you needed to go. **Paul Tucci**: Yeah. It it's, you know, I always when people for 38 years, people ask, "What do I do?" And I say, "I solve math problems." But you got to come up with different answers for different people. And that was the right answer for everybody here. **Chair Zimmer**: I might put our city engineer on the spot. Do we have any of these facilities nearby? [43:46] **Zach Johnson (City Engineer)**: Yeah, just to add to that from previous Heritage Commons editions, we do have underground storage facilities to the east of this property and the soils are conductive for infiltration in this area. [44:32] **Commissioner Swenson**: Thank you. If I may continue, please. Certainly. Um, also just want to say, um, I'm comfortable with the way the parking lays out. I love the the different uses and their timing effects. I like coming up or having things that come before us that take advantage of those timing effects to allow I'll say a smaller parking area to function and serve the needs of Bolt. So, I think this is a good thing. Appreciate these types of businesses being here um and looking this way. Also want to comment that this is a a fairly visible corner in our community. I think a lot of people have been wondering for a long time where this was going to go. also want to acknowledge the existing owner of Lake Marian out there as well being a part of this um and making this all come together um knowing that there's some kind of complicated property lines out here that made this a little tricky um to come together. So grateful for your participation in this as well. Just want to acknowledge that and with that I'm supportive of this item and I will be voting in favor of it. Thank you. [45:17] **Commissioner Trafice**: Madam Chair. Uh my my question is about the access from this area to Idelic. Um what does that look like in terms of O'Reilly? Uh are cars just going to be coming through that parking lot or is there a dedicated space for these cars to move through that parking lot? [45:36] **Paul Tucci**: And I'm going to turn a little bit and the owner's rep might want to answer this, but there is um there's an easement in place today on the O'Reilly lot as I remember it in the there's a declaration of record. I think I'm saying that right. You see shaking his head. Yes. Um so that that driveway will be a continuation of that easement. Um, I think the the question is, are people going to be barreling through there? And, uh, I would I would say that as a group, the operators, whether it's our lot, the O'Reilly lot, or whatever Epic ends up controlling, will work together to make sure that we don't have that. Is it a speed bump system? to be determined, but I think um um that can be handled and people will get used to it because the nobody wants to see that happen. But could it happen? Absolutely. And and we'll work together to make sure that we have a safe environment for everybody. Thank you. [46:14] **Chair Zimmer**: Thank you. That's great to hear. Working together and some flexibility. If there are no other comments, then I think we're ready for a motion. **Commissioner Swenson**: Madam Chair, Commissioner Swinsson move to recommend a city council approval of the Heritage Commons 10th edition preliminary plat PUD amendment conditional use permit and easement vacation subject to the 10 stipulations listed in the June 16th, 2025 planning report and adopt the two bindings of fact. **Commissioner Ike**: Second. [46:59] **Chair Zimmer**: We have a motion and a second. Uh, Miss Ericson, will you please take the role? **Don Ericson**: Tinsley. **Commissioner Tinsley**: I. **Don Ericson**: Trafice. **Commissioner Trafice**: I. **Don Ericson**: Kuza. **Commissioner Kuza**: I. **Don Ericson**: Zimmer. **Chair Zimmer**: I. **Don Ericson**: Sweeney. **Commissioner Sweeney**: I. **Don Ericson**: Swanson. **Commissioner Swanson**: I. [47:30] **Chair Zimmer**: With that I wanted to let the applicant know. Uh, things will be moving forward to the July 7th uh, city council meeting. And we thank you very much for working together on this kind of tricky site as Commissioner Swenson noted and appreciate your development here in Lakeville. [47:38] **Bruce Cheetah (Owner, Lake Marian Collision)**: Everything has to be underground. And then when Tower Plus came in and did above, everybody said that's okay. But yeah, that's why he's doing underground, but there's no space for it. Thank you. [47:54] **Chair Zimmer**: Uh, next item is staff notices and I think we already went through those unless you have something to add. Um, do note that the next planning commission meeting will be July 17th and uh, with that commission is adjourned. [48:38] [End of Transcript]