HomeMy WebLinkAboutItem 08 Date: September 18, 2017 Item No.________
BETHLEHEM BAPTIST CHURCH
Proposed Action
Staff recommends adoption of the following motion: Move to approve: 1) resolution approving the
preliminary and final plat of Bethlehem Baptist Church, 2) a conditional use permit to allow: a) a church
in the C-3 District; b) a building height greater than 35 feet; c) an exception to the exterior building
material requirements for an institutional use and adopt findings of fact, 3) a resolution approving the
conveyance of City-owned property to Bethlehem Baptist Church.
Overview
Applications for preliminary and final plat and conditional use permit were submitted by representatives of
Bethlehem Baptist Church for the development of a church in the C-3, General Commercial District with a
building height greater than 35 feet and an exception to the exterior building material requirements for an
institutional use. The property is 12.3 acres and includes two separate parcels, one of which is a 15 foot wide
strip of property along the south boundary presently owned by the City that the City has agreed to sell to the
church to incorporate into their plat. The site is located south of 205th Street, east of Kenrick Avenue and
north of the Holiday Inn.
The Planning Commission held a public hearing at its August 3, 2017 meeting. There was public
comment primarily regarding the removal of trees from the church property and the effectiveness of the
proposed landscape screening. Revised grading and landscape plans were reviewed by the Planning
Commission at their August 17, 2017 meeting. Further comments were received from a neighborhood.
The Planning Commission unanimously recommended approval of the preliminary and final plat and
conditional use permit.
Primary Issues to Consider
Is the proposed church compatible with other land uses in the area?
Supporting Information
• Staff response to Primary Issues to Consider
• Resolutions approving the preliminary and final plat and land conveyance
• Conditional Use Permit and findings of fact
• Quit Claim Deed
• Signed development contract, warranty deed and stormwater management agreement
• Revised grading plan and landscape plan
• August 3, 2017 and draft August 17, 2017 Planning Commission meeting minutes
• August 2, 2017 Parks, Recreation and Natural Resources Committee meeting minutes
• July 27 and August 11, 2017 planning reports and July 26, 2017 engineering memo
Financial Impact: $ N/A Budgeted: Y☐ N☐ Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances
Envision Lakeville Community Values: Diversified Economic Development
Report Completed By: Frank Dempsey, AICP, Associate Planner
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Primary Issues to Consider:
Is the proposed church compatible with other land uses in the area?
The proposed church will be compatible with the adjacent commercial uses along Kenrick Avenue. In
addition, the landscape plan provides the required screening for the single family homes to the east.
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 17-____
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT
OF BETHLEHEM BAPTIST CHURCH
WHEREAS, Bethlehem Baptist Church of Minneapolis, Minnesota
representatives have requested approval of the preliminary and final plat of
BETHLEHEM BAPTIST CHURCH; and
WHEREAS, the preliminary and final plat was reviewed by the Planning Commission
and the Parks, Recreation and Natural Resources Committee; and
WHEREAS, the preliminary and final plats are acceptable to the City.
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. The preliminary and final plat of BETHLEHEM BAPTIST CHURCH are
approved subject to the developer’s execution of the development contract and
security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract,
resolution approving the sale of City owned property, the stormwater maintenance
agreement and the resolution approving the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 18th day of September, 2017
CITY OF LAKEVILLE
Douglas P. Anderson, Mayor
ATTEST:
_______________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. _________is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 18th day of September, 2017 as shown by the
minutes of said meeting in my possession.
__________________________
Charlene Friedges
City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING THE CONVEYANCE OF CITY-OWNED LAND
FOR INCLUSION IN THE BETHLEHEM BAPTIST CHURCH
PRELIMINARY AND FINAL PLAT
WHEREAS, Bethlehem Baptist Church of Minneapolis, Minnesota has requested Lakeville
City Council approval of the Bethlehem Baptist Church preliminary and final plat; and
WHEREAS, the proposed Bethlehem Baptist Church preliminary and final plat includes
the City-owned property described on the attached Exhibit A; and
WHEREAS, the City desires that the City-owned property described on the attached
Exhibit A be conveyed to Bethlehem Baptist Church for inclusion in the preliminary and final plat
of Bethlehem Baptist Church.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota:
1. The City Council hereby approves the conveyance of the City-owned property
described on the attached Exhibit A to Bethlehem Baptist Church of Minneapolis,
Minnesota for inclusion in the preliminary and final plat of Bethlehem Baptist
Church.
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2. The requirements of Minn. Stat. § 462.356, Subd. 2 are dispensed with the City
Council finding that the proposed disposal of real property has no relationship to the
comprehensive municipal plan.
3. The Mayor and City Clerk are authorized to execute the necessary documentation to
convey and transfer title of the City-owned property described on the attached
Exhibit A to Bethlehem Baptist Church of Minneapolis, Minnesota, contingent upon
the recording of the Bethlehem Baptist Church final plat.
ADOPTED by the Lakeville City Council this 18th day of September, 2017.
CITY OF LAKEVILLE
BY: __________________________
Douglas P. Anderson, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
( ss.
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. ___________ is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 18th day of September, 2017, as shown by the minutes of
said meeting in my possession.
(Seal)
__________________________
Charlene Friedges, City Clerk
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EXHIBIT A
That part of the South Half of the Southwest Quarter of Section 25, Township 114 North, Range
21 West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows: Commencing at the
Northeast corner of the South Half of the Southwest Quarter of said section; thence bearing
South 89 degrees 56 minutes 29 seconds West (assumed bearing), along the North line of the said
South Half of the Southwest Quarter, 760.32 feet to the actual point of beginning of the tract to
be described; thence bearing South 01 degrees 10 minutes 58 seconds West, 500.00 feet; thence
bearing South 89 degrees 56 minutes 29 seconds West, parallel with said North line, 671.20 feet,
more or less, to the center line of old Minnesota Trunk Highway No. 65, as laid out and traveled;
thence North along said center line, 500.00 feet, more or less, to the North line of said South Half
of the Southwest Quarter; thence bearing North 89 degrees 56 minutes 29 seconds East, along
said North line, 671.20 feet to the actual point of beginning.
(Torrens Property)
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 17-____
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves a Conditional Use Permit for Bethlehem Baptist Church to allow: a) a religious
institution in the C-3, General Commercial District, b) a building height greater than 35
feet, and c) an exception to the exterior building material requirements for an institutional
use.
2. Property. The permit is for the following described property located in the City of Lakeville,
Dakota County, Minnesota:
Outlot F, St. Frances Woods 7th Addition;
And
That part of the South Half of the Southwest quarter of Section 25, Township 114 North,
Range 21 West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows: Commencing
at the Northeast corner of the South half of the Southwest quarter of said section;
thence bearing South 89 degrees 56 minutes 29 seconds West (assumed bearing), along
the North line of the said South half of the Southwest quarter, 760.32 feet to the actual
point of beginning of the tract to be described; thence bearing South 01 degrees 10
minutes 58 seconds West, 500.00 feet; thence bearing South 89 degrees 56 minutes 29
seconds West, parallel with said North line, 671.20 feet, more or less, to the center line
of old Minnesota Trunk Highway No. 65, as laid out and traveled; thence North along
said center line, 500.00 feet, more or less, to the North line of said South half of the
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Southwest Quarter; thence bearing North 89 degrees 56 minutes 29 seconds East, along
said North line, 671.20 feet to the actual point of beginning.
3. Conditions. The permit is issued subject to the following conditions:
a) The recommendations listed in the Engineering Department memorandum dated
July 26, 2017.
b) The building and site shall be developed consistent with the plans approved by the
City Council including the revised grading plan dated September 8, 2017 and the
revised landscape plan dated September 1, 2017.
c) The Grade A and Grade B exterior building materials shall not be painted.
d) The height of the cross shall not exceed 52 feet.
e) The future building addition and/or parking expansion requires approval of a
conditional use permit amendment.
4. Termination of Permit. The City may revoke the permit following a public hearing
for violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this permit building construction has
not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: September 18, 2017
CITY OF LAKEVILLE
BY:________________________
Douglas P. Anderson, Mayor
BY:________________________
Charlene Friedges, City Clerk
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The following instrument was acknowledged before me this 18th day of September, 2017
by Douglas P. Anderson Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
_____________________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On August 3, 2017 and August 17, 2017 the Lakeville Planning Commission met at it’s
regularly scheduled meeting to consider the application of Bethlehem Baptist Church for a
conditional use permit to allow: 1) a religious institution in the C-3, General Commercial
District, 2) building height greater than 35 feet, and 3) an exception to the exterior building
material requirements for an institutional use. The Planning Commission conducted a
public hearing on the proposed conditional use permit preceded by published and mailed
notice. The applicant was present and the Planning Commission heard testimony from all
interested persons wishing to speak. The City Council hereby adopts the following:
FINDINGS OF FACT
1. The property is located in Comprehensive Planning District No. 6, Fairfield
Business Campus/I-35/CR 70, which guides the property for commercial uses.
2. The property is zoned C-3, General Commercial District.
3. The legal description of the property is:
Outlot F, St. Frances Woods 7th Addition;
And
That part of the South Half of the Southwest quarter of Section 25, Township 114
North, Range 21 West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows:
Commencing at the Northeast corner of the South half of the Southwest
quarter of said section; thence bearing South 89 degrees 56 minutes 29
seconds West (assumed bearing), along the North line of the said South half of
the Southwest quarter, 760.32 feet to the actual point of beginning of the tract
to be described; thence bearing South 01 degrees 10 minutes 58 seconds West,
2
500.00 feet; thence bearing South 89 degrees 56 minutes 29 seconds West,
parallel with said North line, 671.20 feet, more or less, to the center line of old
Minnesota Trunk Highway No. 65, as laid out and traveled; thence North
along said center line, 500.00 feet, more or less, to the North line of said South
half of the Southwest Quarter; thence bearing North 89 degrees 56 minutes 29
seconds East, along said North line, 671.20 feet to the actual point of
beginning.
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria are satisfied. The
criteria and our findings regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
Finding: The proposed religious institution is consistent with uses allowed in
commercial areas of the City. The building and cross height in excess of 35 feet
and the exterior building materials exception for a church use is consistent with
the policies and provisions of Planning District 6 of the Comprehensive Land
Use Plan.
b) The proposed use is or will be compatible with future land uses of the area.
Finding: The proposed religious institution in the C-3 District will be
compatible with existing and future land uses in the area.
c) The proposed use conforms with all performance standards contained
in the Zoning Ordinance and the City Code.
Finding: The proposed religious institution use in the C-3 District will conform
to the performance standards set forth in the Zoning Ordinance given approval
of the conditional use permit for the building and height of the cross and
exterior building materials.
d) The proposed use can be accommodated with existing public services
and will not overburden the City’s service capacity.
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Finding: The proposed religious institution use will be served with existing public
services and will not overburden the City’s service capacity.
e) Traffic generation by the proposed use is within capabilities of streets
serving the property.
Finding: Traffic generation from the religious institution use can be accommodated
by minor arterial Kenrick Avenue.
5. The planning reports dated July 27, 2017 and August 11, 2017 prepared by Associate
Planner Frank Dempsey is incorporated herein.
DECISION
Dated: September 18, 2017
The City Council approves the Bethlehem Baptist Church Conditional Use Permit in the
form attached thereto.
CITY OF LAKEVILLE
BY:___________________________
Douglas P. Anderson, Mayor
BY:____________________________
Charlene Friedges, City Clerk
Planning Commission Meeting Minutes, August 3, 2017 Page 3
•Commissioner Lillehei wanted clarification about the cross parking
agreement between the movie theater lot and the future office building lot.
Mr. Haider stated that a cross access and parking easement will be put in
place.
Motion was made by Lillehei, seconded by Kelvie to recommend to City Council
approval of the Muller Family Theatre Second Addition preliminary and final plat of
two lots, located south of 205th Street and west of Keokuk Avenue, subject to the
following stipulations:
1.Implementation of the recommendations listed in the July 26, 2017 engineering
report.
2.A site plan shall be submitted for staff review in conjunction with a building permit
for Lot 2.
3.The site shall be developed consistent with the approved preliminary and final plat
plans.
4.An agreement for shared driveway access and cross parking shall remain in full
force and effect at all times for Lots 1 and 2, Block 1, Muller Theatre Second
Addition.
Ayes: Kelvie, Einck, Lillehei, Kaluza, Reuvers, Bakewicz
Nays: 0
6. Bethlehem Baptist Church Addition
Vice Chair Kaluza opened the public hearing to consider the application of Bethlehem
Baptist Church for the following, located east of Kenrick Avenue and south of 205th
Street: A. Preliminary and final plat of one lot and one outlot to be known as
Bethlehem Baptist Church Addition; B. Conditional use permit to allow: a) a religious
institution in the C-3, General Commercial District; b) building height greater than 35
feet; and c) an exception to the exterior building material requirements for an
institutional use.
Chuck Steddom and John Hendricks from Bethlehem Baptist Church, James Burton
from Lambert Architects, and Norm Schroeder from Anderson Companies were in
attendance at tonight’s meeting. Pastor Steddom presented a history and overview of
the request. He indicated that in 2012 the church moved to Lakeville and holds
worship services at Lakeville South High School. Their congregation in Lakeville is
about 550 people and they have 4,000 members among all their campuses throughout
the Twin Cities area. He stated that they want to maximize the space in this proposed
new building with an education wing, multi-purpose gymnasium, and community and
outreach center.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated preliminary and final plat and conditional use permit (CUP) applications have
been submitted for the development of a church in the C-3, General Commercial
District with a building height greater than 35 feet. He indicated that the subject
property includes two separate parcels, one of which is a 15 foot wide strip of land
Planning Commission Meeting Minutes, August 3, 2017 Page 4
owned by the City of Lakeville that the City has agreed to sell to the church as part of
this project. The plans propose a 664-seat sanctuary church, administrative offices,
nursery, classrooms and a gymnasium. Future plans propose a possible 300 seat
balcony for a total of 964 seats in the sanctuary.
Mr. Dempsey reviewed the existing conditions of the property along with adjacent land
uses, zoning, and the City property transfer. He indicated that the proposed
preliminary and final plat exceeds the Zoning Ordinance requirements for minimum lot
size in the C-3 District .
Mr. Dempsey reviewed the site plan. He indicated that the Bethlehem Baptist Church
preliminary and final plat and site plan meets the C-3 District setback requirements.
The tree preservation plan is proposing to save 42 of the 457 significant trees, which
are primarily cottonwood, box elder, and aspen and are located primarily in the
building and grading areas of the property. Mr. Dempsey stated that one wetland is
located within the preliminary and final plat. The wetland has been delineated and
incorporated into the preliminary and final plat plans. The wetland and wetland buffer
will be located within Outlot A to be deeded to the City.
Mr. Dempsey reviewed the landscape plan. The row of existing spruce trees near the
east property line must be removed as they are in the location of the proposed parking
lot east of the church. A double row of arborvitae (cedar) shrubs are proposed to
provide screening of the parking lot from the single family homes to the east.
Mr. Dempsey reviewed the CUP criteria for allowing religious institutions in the C-3
District, the height of the church building and cross, and the exterior building materials,
which are listed in the July 27, 2017 planning report. He indicated that the Zoning
Ordinance requires institutional buildings to provide a minimum of 65% Grade A
materials, but allows exceptions to these provisions by conditional use permit.
A sample of the proposed precast brick exterior building material, which the Zoning
Ordinance designates as a Grade B material, was exhibited at the meeting. Mr. Burton
and Mr. Schroeder explained why they felt that their proposed exterior material is a
good quality product and should be allowed. He showed other buildings in the Twin
Cities area with the same precast brick product. They stated that this product is
environmentally safe due to the acid washing that takes place at the plant, not on site.
This product allows faster construction because there is no cutting of brick on site,
which also cuts down on dust during construction.
Mr. Dempsey stated that staff recommends approval of the preliminary and final plat
and CUP, and adoption of the Findings of Fact dated August 3, 2017, subject to the
eight stipulations listed in the July 27, 2017 planning report.
The e-mails that were received by staff and distributed at tonight’s meeting to the
Planning Commission primarily raised concerns about tree removal and screening
between the church and the adjacent residential uses.
Vice Chair Kaluza opened the hearing to the public for comment.
Planning Commission Meeting Minutes, August 3, 2017 Page 5
The following people spoke at tonight’s meeting:
Jeanne Carlson, 20610 Kaiser Circle
Victoria Pochman-LaCourse, 20605 Kaiser Circle
Stan Tessmer, 17945 Jacquard Path
Mark Langridge, 20635 Kaiser Way
Tom and Deen Igou, 20655 Kaiser Court
Kenneth Redler, 20665 Jaguar Avenue
Joe Dennis, 2905 Foxpoint Road, Burnsville
Joe Eykyn, 20697 Kaiser Way
Mark Swenson, 20617 Kaiser Court
John Hendricks, member of the building committee with Bethlehem Baptist Church
Curtis Fisher, 20610 Kaiser Circle
Sam Crabtree, Executive Pastor of Bethlehem Baptist Church when the subject
property was acquired
The comments from the public hearing were as follows:
Very concerned about the removal of trees on the church property
Decrease in value of their homes due to the tree removal and parking lot
construction
Noise from the freeway
Told by their builder that the trees on the church property was a preservation
area
Hoped that a compromise could be reached regarding the amount of parking
that is proposed so that fewer trees would have to be removed
Asked if an Environmental Impact Study had been done
Wanted to work with the church and the City to preserve the trees
Suggested an extra buffer or adding a noise wall
The stormwater ponds in the Enclave at St. Frances Woods development were
not constructed properly and they expressed concern that this development will
make things worse
Where will the stormwater runoff from the parking lot go?
If the church removes trees, they should have to replace trees
Afraid that the large parking lot would bring crime to their neighborhood
Do the trees need to be removed at the beginning of construction or when the
church expands
People spoke highly of the church and felt they would be an asset to the City
of Lakeville
A land swap with the adjacent Terra Products property was suggested to
accommodate the future parking area. Having the church hold multiple
services to reduce parking demand was also suggested.
Motion was made by Kelvie, seconded by Reuvers to close the public hearing
at 7:42 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Planning Commission Meeting Minutes, August 3, 2017 Page 6
Recessed at 7:43 p.m.
Reconvened at 7:53 p.m.
Vice Chair Kaluza asked staff to address the neighbors’ concerns. Mr. Morey’s
comments were:
• The original St. Frances Wood preliminary plat included only townhomes,
which was the intended transition between the C-3 District properties along
Kenrick Avenue and the single family neighborhood to the east. Due to the
housing downturn during the recession, there was no interest in townhomes
so the vacant portion of St. Frances Woods was re-platted as single family
lots.
• Property values are not one of the CUP review criteria to be considered by
the Planning Commission. Mr. Morey stated it would be very unlikely that
property values would go down due to the development of the property for
a church use.
• Emphasized strongly that people should contact the City to verify
information they are told by builders before they purchase the property and
build their homes.
• An Environmental Impact Statement (EIS) is not required for this project.
Through the City’s platting and CUP application process, a thorough review
of proposed grading, stormwater drainage, ponding, utilities, wetlands, and
tree preservation is conducted by City staff.
• Referred to Mr. Dempsey’s detailed planning report concerning parking. He
stated the church is proposing 185 more parking spaces than the Zoning
Ordinance requires. He thought that City staff could work with the church
representatives to reduce the number of future parking spaces to create a
more extensive landscape screen along the east side of the church
property.
• Clarified that tree removal and grading on the easterly portion of the
property, adjacent to Enclave, will occur with Phase 1 of the church
development because that is where the low point on the property is, thus
where the stormwater ponding area will be located.
• Suggested the church could plant trees east of the future parking area with
Phase 1 of the church development to give the trees a head start on growth
prior to construction of the parking lot expansion.
Vice Chair Kaluza asked for comments from the Planning Commission. Discussion
points included:
• Possibly tabling this agenda item to allow the church time to address the
screening concerns raised by the neighbors
• Why is the proposed brick material Grade B rather than Grade A? Mr.
Dempsey indicated that this type of material was not anticipated when this
section of the Zoning Ordinance was approved several years ago. Staff
does not have any concerns about the quality of this product meeting the
intent of the Zoning Ordinance for a Grade A material
Planning Commission Meeting Minutes, August 3, 2017 Page 7
• The height of the building and the cross were discussed. Mr. Dempsey
clarified that the majority of the church building is 35 feet, the tallest portion
of the church building is 45 feet, and the cross is proposed at a height of 52
feet
• Discussed the addition of a stipulation requiring the church to work with staff
to provide a reasonable screening plan for the area adjacent to the
residential lots to the east prior to City Council consideration of the
preliminary and final plat and CUP. Mr. Morey stated that the City’s process
allows for public input on planning applications at the Planning Commission
meeting, not the City Council meeting. Staff would prefer to work with
church representatives to revise the plans for screening the future parking
area and bring it back to the Planning Commission for review and
recommendation to the City Council. This will give the public a chance to
comment on the revised plans prior to the City Council meeting. The City
Council would not be obligated to take additional public comment on this
development project.
• The three e-mails provided by staff at tonight’s meeting were discussed.
The issues raised in those emails is consistent with the issues raised by the
public at tonight’s meeting
• Mr. Morey suggested that if the Planning Commission were to table this
agenda item, they should table it to the next Planning Commission meeting
on August 17th. This would give staff a week to work with the church on
revised plans to be included in the Planning Commission packet
• The Planning Commission wanted to know how the residents will be kept
informed of this process. Mr. Morey stated that the residents should provide
staff with their e-mail addresses and staff can email the revised plans and
staff report direct to them. He also informed the residents that the packet
will be available on the City’s website on the Friday prior to the August 17th
Planning Commission meeting.
Motion was made by Reuvers, seconded by Kelvie to table action on this agenda
item to the August 17, 2017 Planning Commission meeting.
Ayes: Einck, Lillehei, Kaluza, Reuvers, Bakewicz, Kelvie
Nays: 0
7. Recycle Minnesota, LLC / Dick’s Sanitation
Vice Chair Kaluza opened the public hearing to consider the application of Recycle
Minnesota, LLC / Dick’s Sanitation for a conditional use permit to allow a waste and
recycling transfer station, located at 8812 – 215th Street.
Brett Anderson, President and CEO of Recycle Minnesota, LLC and Jim Connelly,
APPRO Development were in attendance at tonight’s meeting. Mr. Connelly
presented an overview of their request and showed how the proposed use will relate
to the existing site improvements. Mr. Anderson explained that they are continuing to
adapt their business model to keep competitive and serve their customers. Mr.
Anderson also requested they be allowed Sunday hours.
Planning Commission Meeting Minutes, August 17, 2017 Page 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated the vacation of a 50 foot wide public drainage and utility easement is being
requested in conjunction with the final plat application for First Park Lakeville Fourth
Addition. He indicated that the easement to be vacated, which is located along the
south boundary of the plat, will be replaced by a new easement with the final plat.
Mr. Dempsey stated that Planning Department staff will review and is authorized to
approve the site plan and parking deferment applications administratively. The
Planning Commission will conduct the easement vacation public hearing and forward
a recommendation to the City Council. The City Council will act on the final plat
application and easement vacation at an upcoming City Council meeting.
Mr. Dempsey stated that staff recommends approval of the First Park Lakeville 4th
Addition easement vacation subject to the two stipulations listed in the August 11,
2017 planning report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Kaluza, seconded by Lillehei to close the public hearing at
6:10 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. There were no
comments. Chair Swenson indicated that this was basically an administrative item.
Motion was made by Lillehei, seconded by Drotning to recommend to City Council
approval of the First Park Lakeville 4th Addition public drainage and utility easement
vacation subject to the following stipulations:
1. The easement vacation is subject to the recording of the final plat of First Park
Lakeville 4th Addition
2. The recommendations listed in the August 4, 2017 engineering report.
Ayes: Bakewicz, Lillehei, Swenson, Kaluza, Witte, Drotning
Nays: 0
7. Bethlehem Baptist Church Addition (Tabled from the August 3rd Planning
Commission meeting)
Chair Swenson stated that the Planning Commission will consider the application of
Bethlehem Baptist Church, which was tabled at the August 3, 2017 Planning
Commission meeting, for the following, located east of Kenrick Avenue and south of
205th Street: A. preliminary and final plat of one lot and one outlot to be known as
Bethlehem Baptist Church Addition; B. Conditional use permit to allow: a) a religious
institution in the C-3, General Commercial District; b) building height greater than 35
feet; and c) an exception to the exterior building material requirements for an
institutional use.
Planning Commission Meeting Minutes, August 17, 2017 Page 3
John Hendricks from Bethlehem Baptist Church presented an overview of the changes
to the plans that they are proposing after listening to the neighbors at the August 3rd
Planning Commission meeting. He appreciated the opportunity to address the
neighbor’s questions and concerns and reiterated that the church wants to be a good
neighbor. He indicated that church representatives met with City staff, which included
the City Forester and the church’s landscape designer, following the August 3rd
Planning Commission meeting. He stated they are proposing to reduce the future
parking area by 41 spaces on the east side of the site and shift the future parking area
50 feet to the west to provide approximately 150 feet between the future parking lot
and the closest single family home to the east. Mr. Hendricks also indicated that they
are proposing to plant evergreen trees on a 2-foot berm located entirely outside of the
gas pipeline easement with the initial construction of the church. As such, the trees
will have time to mature before future church building and parking lot construction. He
stated the entire site needs to be graded with the initial church construction to meet
stormwater ponding requirements.
Joel Cooper, Engineer with James R. Hill, presented the revised grading and
landscaping plans. He stated that the proposed stormwater ponds need to be installed
on the north end of the property with the initial site development since the site drains
to the north. There is significant underbrush that is not listed on the tree inventory that
would remain and help with screening of the ponds from the neighborhood to the east.
Mr. Cooper indicated that the parking lot is essentially at the second floor level of the
closest homes, which are 150-200 feet from the proposed church parking lot.
Commissioner Lillehei asked Mr. Cooper about the ground elevation of the closest
house to the church property. Mr. Cooper responded that the elevation at the front of
the house is 1039 feet and the elevation at the top of the pond is 1039.5 feet.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that at the August 3, 2017 public hearing, the Planning Commission heard from
the applicant, Planning Department staff and residents of the adjacent Enclave at St.
Frances Woods neighborhood regarding the Bethlehem Baptist Church request for
the construction of a church on their property. The neighbors’ concerns were possible
impacts from the development of the church property to the Enclave at St. Frances
Woods neighborhood to the east, tree removal, the future phase parking lot, freeway
noise, and possible impacts to property values. Mr. Dempsey indicated that the public
hearing was closed and the Planning Commission requested that staff work with
church representatives to revise the site plan and landscape plan to improve the
screening of the future parking lot.
Mr. Dempsey reviewed the revised site plan and landscape plan which is discussed
in detail in the August 11, 2017 planning report. He stated that the revised plans
submitted by the church exceed the Zoning Ordinance requirements for buffer width
and the installation of the landscape screening in advance of the future parking lot
construction.
Mr. Dempsey stated that staff recommends approval of the preliminary and final plat
and CUP, and adoption of the Findings of Fact dated August 17, 2017, subject to the
eight stipulations listed in the August 11, 2017 planning report.
Planning Commission Meeting Minutes, August 17, 2017 Page 4
Chair Swenson stated that the public hearing was closed at the August 3rd Planning
Commission meeting. Chair Swenson stated that one spokesperson from the
neighborhood could come up to the podium and make a statement regarding the
revised plans.
Jeanne Carls, 20610 Kaiser Circle
Ms. Carls thanked the Planning Commission, City staff and the Bethlehem Baptist
Church representatives for listening to the neighbors’ concerns from the August 3rd
Planning Commission meeting. As spokesperson for the neighborhood she indicated
their main concern is to save as many trees on the church property as possible. She
stressed that they provide protection from the wind, noise, and provide habitat for the
wildlife. She appreciated the initiative for planting trees on the berm, but would like a
few more trees planted and to plant the trees closer together. She asked if the
proposed ponding could be shifted to save additional trees in the northeast corner of
the site. Ms. Carls appreciated the plans for the maintenance of the ponds so that
there won’t be 4-foot high thistles like the ponds in their neighborhood. Ms. Carls
commented that the neighborhood is uncomfortable having work done around the
natural gas pipeline.
Chair Swenson asked for comments from the Planning Commission. Discussion
points included:
• Grading, drainage and stormwater basins were discussed. The Planning
Commission received confirmation from the engineers present that the
proposed stormwater basins are in the appropriate location due to the
typography of the site and that the underground basins that were suggested
by the neighbors are dramatically more expensive than traditional
stormwater basins.
• The planting of additional trees and the preservation of existing trees was
discussed. Staff stated the City Forester was not present at tonight’s
meeting but in the meeting with church representatives following the August
3rd Planning Commission meeting she indicated that you do not want to
plant trees too close together or their growth will be stunted. It is better in
the long run to space the trees a little farther apart. The City Forester also
provided input on the proposed tree species.
• Regarding the concern of the neighbors with excavating around the gas
pipeline, Mr. Cooper stated two feet of fill must be maintained over the
pipeline. In addition, the contractors will notify the gas company when they
plan to be working within the pipeline easement.
• The Planning Commission thanked the neighbors for their respectful
participation in the process and the church representatives for listening to
the neighbors’ concerns. The neighborhood questions and concerns led to
improved plans.
Motion was made by Lillehei, seconded by Drotning to recommend to City Council
approval of the Bethlehem Baptist Church Addition preliminary and final plat of one lot
and one outlot, conditional use permit to allow a religious institution in the C-3, General
Commercial District, building height greater than 35 feet, and an exception to the
Planning Commission Meeting Minutes, August 17, 2017 Page 5
exterior building material requirements for an institutional use, and adoption of the
Findings of Fact dated August 17, 2017, subject to the following stipulations:
1. The recommendations listed in the Engineering Department memorandum dated
July 26, 2017.
2. The building and site shall be developed consistent with the plans approved by the
City Council including the revised site plan and landscape plan dated August 8,
2017.
3. The Grade A and Grade B exterior building materials shall not be painted.
4. The cross shall not exceed 52 feet in height.
5. Outlot A shall be deeded to the City with the final plat.
6. A $20,000 landscape security shall be submitted with the final plat.
7. A sign permit application shall be submitted and approved by the City prior to the
installation of any signage.
8. The future building addition and/or parking expansion requires approval of a
conditional use permit amendment.
Ayes: Lillehei, Swenson, Kaluza, Witte, Drotning, Bakewicz
Nays: 0
8. Spirit Place at Brandtjen Farm 3rd Addition
Chair Swenson opened the public hearing to consider the application of Carey and
Jessica Tri, River’s Edge Dental for the following, located south of 160th Street (CSAH
46) and west of Elmhurst Lane: A. Preliminary and final plat of one lot to be known
as Spirit Place at Brandtjen Farm 3rd Addition and PUD development stage plans for
a multiple tenant commercial building; and B. Vacation of public drainage and utility
easements.
Carey and Jessica Tri from River’s Edge Dental and Joel Cooper from James R. Hill
were in attendance at tonight’s meeting. Jessica Tri presented an overview of their
request. Ms. Tri indicated that their proposed building will consist of their dental office,
an orthodontist office and a future tenant to be determined.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
River’s Edge Dental has submitted plans for Spirit Place at Brandtjen Farm (SPBF)
3rd Addition to be platted from Outlot B, SPBF. The proposed preliminary and final
plat will consist of a multiple tenant commercial building.
Mr. Licht indicated that the lot requirements, building materials, building height, off-
street parking, trash enclosure, and exterior lighting all comply with the Zoning
Ordinance requirements. The proposed landscape plan shows appropriate plantings
for the site and the sizes comply with Zoning Ordinance requirements. The landscape
plan will be revised to relocate the shade trees that are proposed north of the principal
building so that they are outside of the 25-foot reserve area.
Mr. Licht reviewed the proposed signage, including the freestanding sign with
electronic messaging, which are all allowed per the Zoning Ordinance.
City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: July 27, 2017
Subject: Packet Material for the August 3, 2017 Planning Commission Meeting
Agenda Item: Bethlehem Baptist Church:
1. The Preliminary and Final Plat of Bethlehem Baptist Church
2. A Conditional Use Permit to allow: a) a religious institution in the C-3, General
Commercial District, b) building height greater than 35 feet, and c) an exception to
the exterior building material requirements for an institutional use.
Application Action Deadline: October 19, 2017
INTRODUCTION
Applications for preliminary and final plat and conditional use permit have been submitted by
representatives of Bethlehem Baptist Church for the development of a church (institutional use)
in the C-3, General Commercial District with a building height greater than 35 feet. The subject
property includes two separate parcels, one of which is a 15 foot wide strip of property along the
south boundary presently owned by the City of Lakeville that the City has agreed to sell to the
church as part of project. The larger of the two parcels is platted as an outlot from the single
family residential neighborhood to the east known as St. Frances Woods. The subject property is
located south of 205th Street, east of Kenrick Avenue and north of the Holiday Inn. The property
totals 12.3 acres. The plans propose a 664 seat sanctuary church, administrative offices, nursery,
classrooms and a gymnasium. The plans propose 300 possible future balcony seats for a total of
964 seats.
Bethlehem Baptist Church currently has locations in Minneapolis, Burnsville, and Mounds View
and currently holds Sunday services at Lakeville South High School. Church representatives
2
have been meeting with City staff since 2011 regarding possible locations and sketch layouts
before they obtained the subject property that is now proposed for development of the church.
The Bethlehem Baptist Church plans have been distributed to the Engineering Division, the
Parks and Recreation Department and the Parks, Recreation and Natural Resources
Committee.
EXHIBITS
A. Zoning and Location Map
B. Aerial Photo
C. Property Survey
D. Preliminary Plat
E. Final Plat
F. Grading and Drainage Plan (2 Pages)
G. Erosion and Sediment Control Plan
H. Utility Plan
I. Paving and Dimensions Plan
J. Tree Preservation Plan (2 Pages)
K. Site Plan
L. Overall Floor Plan
M. Lower and Upper Level Floor Plans (2 Pages)
N. Building Elevation Plans and Material Sample Photo (4 Pages)
O. Landscape Plan
P. Lighting Plan
PLANNING ANALYSIS
PRELIMINARY AND FINAL PLAT
Existing Conditions. The property is a 12.3 acre undeveloped site that is platted as Outlot F, St.
Frances Woods 7th Addition. The property includes rolling topography, trees and a small
wetland on the north side. A Centerpoint Energy high pressure gas main runs north and south
through the east side of the property. The gas main is located within in a 100 foot wide private
easement, of which 50 feet of the easement is located on the subject site.
3
Church representatives approached the City about purchasing a 15 foot wide strip of property
that runs parallel to the church property. The City acquired the 9,003 square foot property in
1994 after it had gone tax forfeit so it could be used to convey storm water toward the Kenrick
Avenue drainage ditch. It is uncertain how and when the property was subdivided from the
parent parcel. The property presently conveys stormwater from the subject Outlot F, St.
Frances Woods 7th Addition and from the Holiday Inn parking lot to the south.
Adjacent Land Uses.
North: Terra Products property and undeveloped commercial parcel (C-3 District)
South: City owned 15 foot strip of property and Holiday Inn/Rudy’s Redeye Grill (C-3
District)
East: City owned wetland and open space preservation outlot and single family homes
and townhomes in the Enclave at St. Frances Woods (PUD District)
West: Kenrick Avenue and commercial properties (C-3 District)
The nearest single family homes to the east are more than 550 feet from the proposed church,
310 feet from the first phase parking lot and 72 feet from the second phase parking lot.
Consistency with the Comprehensive Plan. The property is located in Planning District No. 6
of the 2030 Land Use Plan which guides the properties for commercial development. The
church (assembly) use is consistent with other assembly (movie theater) uses allowed in
commercial areas.
Zoning. The subject properties are zoned C-3, General Commercial District which allows
religious institution uses by conditional use permit.
MUSA. The Bethlehem Baptist Church preliminary and final plat is located within the current
Metropolitan Urban Service Area (MUSA).
Premature Subdivision Criteria. A preliminary and final plat may be deemed premature if
any of the criteria listed in Chapter 10-2-4-1 of the Subdivision Ordinance exist. Eligible
criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public
service capacity (police and fire protection). The other pertinent criteria pertain to
inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans. Staff
review of the Bethlehem Baptist Church preliminary and final plat against these criteria finds
that it is not a premature subdivision.
4
Lots and Blocks. The minimum lot size for a property lot in the C-3 District is 20,000 square
feet and the minimum lot width is 100 feet. The proposed preliminary and final plat exceeds
the Zoning Ordinance requirements.
Outlots. One outlot (Outlot A) is proposed on the north end of the property and will be
deeded to the City for wetland preservation purposes.
City Property Transfer. The 15 foot wide strip of property owned by the City along the south
boundary of the preliminary plat was obtained by the City as a tax forfeit parcel for the
purpose of conveying storm water drainage. Stormwater drainage now being conveyed
through the City owned parcel will be conveyed through the church proposed storm drainage
system.
Bethlehem Baptist Church representatives have proposed to purchase the property to
incorporate it into their plat. The City Council agreed to consider selling the property to the
church subject to the church completing an appraisal of the property. The appraisal was
completed in September 2016 and determined a value of $0.366 per square foot. The total cost
of the parcel is $3,295.00.
Setbacks. The Bethlehem Baptist Church preliminary and final plat and site plan meets the
C-3 District setback requirements, as follows:
Abutting a Public Street – 30 feet
Side Yards – 10 feet
Abutting a Residential Zoned Property – 30 feet
Streets. The subject site abuts Kenrick Avenue to the west. Kenrick Avenue is classified as a
minor arterial street adjacent to Interstate 35. No right-of-way dedication is required with
this plat. The future street upgrade fee is required with the proposed final plat as noted in the
Engineering Division report.
Park and Open Space. No land dedication is identified in the Parks, Trails and Open Space
Plan for this area and no park land dedication is proposed with the Bethlehem Baptist Church
preliminary and final plat. The 11.89 net acre property will be subject to park dedication at a
rate of $7,693 per acre for a total of $91,469.77 (2017 rate) at the time of final plat approval.
The Parks, Recreation and Natural Resources Committee will review the Bethlehem Baptist
Church Addition preliminary and final plat at their August 16, 2017 meeting. Their
comments will be forwarded to the Planning Commission at the public hearing.
5
Trails and Sidewalks. There is no trail located on the east side of Kenrick Avenue. The Park
and Open Space Plan identifies a future trail to be located on the east side of Kenrick Avenue
when Kenrick Avenue is improved in the future. A cash escrow for the future trail
construction cost is due with the final plat as noted in the Engineering Division report.
Grading, Drainage and Utility Plans. The grading, drainage and utility plans were submitted
to the Engineering Division for their review. The subject property has access to City sewer,
water and storm water utilities. Overhead utility lines are located on the east side of Kenrick
Avenue and are required to be buried as a conditional of approval of the preliminary and final
plat. Please refer to the Engineering Division report for more detailed review comments.
Tree Preservation. The tree preservation plan identifies 457 significant trees within the area
of the preliminary and final plat. Forty-two (42) tree are proposed to be saved. The trees to
be removed are primarily cottonwood, box elder, aspen.
Wetlands. One wetland is located within the preliminary and final plat boundaries. The
wetland has been delineated and incorporated into the preliminary and final plat plans. The
0.43 acre wetland and wetland buffer located in Outlot A vwill be deeded to the City.
CONDITIONAL USE PERMIT
Section 11-73-7.Q allows religious institutions in the C-3, General Commercial District
subject to approval of a conditional use permit. Section 11-73-15.A also allows a building to
exceed three stories or 35 feet in height subject to approval of a conditional use permit.
Section 11-17-9.B requires exterior building materials on institutional buildings to provide a
minimum of 65% Grade A materials and a maximum of 35% Grade B or Grade C material.
Section 11-17-9.G allows exceptions to these provisions may be granted by conditional use
permit subject to the following criteria:
1. The use is an essential service as defined by this title; or
2. The applicant shall have the burden of demonstrating that:
a. The proposed building maintains the quality in design and materials intended by this
title.
The proposed primary exterior building material has been described to City staff as a
thin brick finish veneer that is cast into the pre-cast concrete wall panels when the
6
concrete panel is poured to provide the appearance of a brick finish. The brick veneer
will not be painted. A material sample will be available at the public hearing. The
architect will be present to describe the proposed material.
b. The proposed building design and materials are compatible and in harmony with
other structures within the district.
The proposed exterior building materials provide the look and durability desired for a
religious institution use in the C-3 District and the appearance of proposed materials
will be compatible with existing and future commercial land uses in the area.
c. The justification for deviation from the requirements of this section shall not be
based on economic considerations.
The architect representing Bethlehem Baptist Church has presented the proposed
precast concrete/brick inlay Grade B material as a superior quality material that will
resemble a brick Grade A material wall for the church building. The architect has
indicated that the proposed exterior wall material has been used in other institutional
and commercial buildings in the Twin Cities metropolitan area including the
University of Minnesota. The architect will be present at the Planning Commission
meeting to describe this in more detail.
Institutional Use in Commercial District. The proposed Bethlehem Baptist Church will be
the owner and sole tenant use of the building. No other separate commercial use of the
property is proposed, therefore, all traffic to, from and within the boundaries of the property
will be associated with Bethlehem Baptist Church or other ancillary religious institution uses.
Building and Cross Height and Criteria. The church building with the cross, is proposed to
be greater than 35 feet in height, requiring a conditional use permit. The tallest part of the
building will be 45 feet in height. The tallest point of the cross will be 52 feet in height. The
proposed cross is not listed as an exemption to the building height regulations, therefore, a
conditional use permit is required subject to certain criteria. Section 11-17-7 states that
building heights in excess of the standards established within the individual zoning districts or
this section may be allowed provided that:
1. The site is capable of accommodating the increased intensity of use.
The proposed building and cross will not increase the intensity of the use of the property
as a religious institution.
7
2. The increased intensity of use does not cause an increase in traffic volumes beyond the
capacity of the surrounding streets.
The building and cross will not increase the intensity of the use and will not cause an
increase in traffic.
3. Public utilities and services are adequate.
The building and cross will not impact utilize public utilities and services.
4. For each additional story over three stories or for each additional 10 feet above 35 feet,
front and side yard setback requirements shall be increased by five feet.
The building and cross will require a front yard setback of 40 feet and a side yard
setback of 20 feet. The church building will be set back 316 feet in the front yard and 80
feet from the nearest side lot line. The rear yard setback will be 262 feet.
5. The increased height is not in conflict with airport zoning regulations as provided in
chapter 36 of this title.
The building and cross are in not in conflict with airport zoning regulations.
6. The performance standards and criteria of chapter 4 of this title are considered and
satisfied (Conditional Use Permits).
The performance standards and criteria for a conditional use permit are satisfactorily
met. Findings of fact are attached.
Future Expansion. The master site plan proposes a future building addition on the northeast
corner of the first phase building for possible future administrative offices, according to the
project architect.
Parking. Parking for a church with a sanctuary with a seating capacity of less than 1,000 seats
is one space for each three seats. The church is proposed to include sanctuary seating for 664
with future plans to add up to 300 additional seats for a total of 994 seats. The site plan
proposes a phase one 303 space parking lot accessed from two driveways onto Kenrick
Avenue. The master site plan proposes up to 516 parking spaces on site for the future total of
8
994 seats. The Zoning Ordinance would require a minimum of 331 seats at full seating
capacity.
Site circulation includes a drop-off/pick-up area at the front (west) side of the church building
and parking on the east and west sides of the building. Future parking is possible northeast of
the church as shown on the site plan. All drive aisles, parking spaces and driveways meet
Zoning Ordinance design requirements.
Landscaping and Screening. The landscape plan proposes the planting of 26 deciduous and
coniferous trees as well as numerous shrubs throughout the site. A row of existing spruce
mid-size spruce trees near the north property line must be removed as they are in the location
of the proposed parking lot north of the church. The screening they provide will be replaced
by a double row of arborvitae (cedar) trees to provide screening of the parking lot from the
east.
Future Accessory Storage Building. The site plan identifies a future 1,400 square foot
detached accessory building to be located toward the rear of the property adjacent to the
parking lot. Provided the accessory building exterior building materials match or are
architecturally similar or aesthetically compatible with the church and the height is not greater
than 15 feet, a building permit can be issued for this building when the church is ready to
commence construction.
Exterior Storage/Trash and Recycling Containers Enclosure. A trash and recyclable
materials enclosure will be located near the north side of the gymnasium. The design of the
structure must meet Zoning Ordinance requirements for building materials, total height, and
gate construction.
Lighting. The site lighting plan proposed 25, 20 foot tall freestanding light poles and fixtures
throughout the parking lot and interior drives. The maximum allowable light intensity at the
public right-of-way (Kenrick Avenue) is one foot-candle. The plan meets that requirement.
The church has also agreed to install light shields on the light fixtures nearest the residential
area to the east to minimize glare as shown on the lighting plan.
Signs. A free-standing sign height up to 30 feet in height and 150 square feet in area is allowed
in the C-3 District/Freeway Corridor District. A wall sign up to 440 square feet in area on the
west elevation is also permitted. A sign permit is required prior to installation of any signage.
9
RECOMMENDATION
The Bethlehem Baptist Church preliminary and final plat and conditional use permit meet the
requirements of the Zoning and Subdivision Ordinances. City staff recommends approval
subject to the following stipulations:
1. The recommendations listed in the Engineering Department memorandum dated July
26, 2017.
2. The building and site shall be developed consistent with the plans approved by the
City Council.
3. The Grade A and Grade B exterior building materials shall not be painted.
4. The height of the cross shall not exceed 52 feet in height.
5. Outlot A shall be deeded to the City with the final plat.
6. A $15,000 landscape security shall be submitted with the final plat.
7. A sign permit application shall be submitted and approved by the City prior to the
installation of any signage.
8. The future building addition requires approval of a conditional use permit amendment.
cc: Jon Hendricks, Bethlehem Baptist Church
Norman Schroeder
P/OS
P/OS
P/OS
C-3
RM-2
RM-2
RST-2PUD
OP
PUD
RS-3
C-3
C-3
§¨¦35
KENSINGTONBLVDKENRICK AVE205TH ST W
KAISERWAY20 3 R DS T W
205TH ST WKENRICK AVEKEARNEYPATHKENSINGTONWAYKENSFIELD TRLKENRIC
K
A
V
E
204TH ST W
BETHLEHEM BAPTIST CHURCH
Ü EXHIBIT A
EXHIBIT B
BEARINGS ARE BASED ON THE MOST NORHTERLY LINE OF
OUTLOT F, ST. FRANCES WOODS 7TH ADDITION WHICH ISASSUMED TO HAVE A BEARING OF N 88°44'41" W
DENOTES FOUND 1/2 INCH IRON MONUMENT WITH
CAP MARKED R.L.S. NO. 12294
DENOTES SET 1/2 INCH IRON MONUMENT WITH CAP
MARKED R.L.S. NO. 47481
DENOTES CERTIFICATE OF TITLE NO. 60147
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.
Outlot F, ST. FRANCES WOODS 7TH ADDITION, according to the recorded plat
thereof, Dakota County, Minnesota.
And
That part of the South half of the Southwest quarter of Section 25, Township
114 North, Range 21 West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows:
Commencing at the Northeast corner of the South half of the Southwest
quarter of said section; thence bearing South 89° 56' 29" West (assumed
bearing), along the North line of said South half of the Southwest quarter,
760.32 feet to the actual point of beginning of the tract to be described;
thence bearing South 01° 10' 58" West, 500.00 feet; thence bearing South 89°
56' 29" West, parallel with said North line, 671.20 feet, more or less, to the
center line of old Minnesota Trunk Highway No. 65, as laid out and traveled;
thence North along said center line, 500.00 feet, more or less, to the North
line of said South half of the Southwest quarter; thence North 89° 56' 29"
East, along said North line, 671.20 feet to the actual point of beginning.
PROPERTY DESCRIPTION
CITY REQUIREMENTS PER ZONING CODE
1. Field work was completed September 2012.
2. No specific title search for existence or non-existence of recorded or
un-recorded easements has been conducted by the surveyor as a part
of this survey. Only easements per the recorded plat are shown.
3. The gross area of the subject property is 12.342 Acres or
537,625 square feet.
NOTES
I hereby certify that this survey, plan or report was prepared by me or under
my direct supervision and that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota. That this survey does not purport to show all
improvements, easements or encroachments, to the property except as
shown thereon.
Signed this 19th day of June, 2017
Marcus F. Hampton MN L.S. No. 47481
SURVEYOR'S CERTIFICATE
The vertical datum is based on NAVD88 datum.
Benchmark #1
Top nut hydrant southwest quadrant of Kearney Path and Kaiser Way.
Elevation = 1030.71
BENCHMARK
LEGEND
SIGN
POWER POLE
OVERHEAD POWER
UNDERGROUND ELECTRIC
UNDERGROUND GAS
UNDERGROUND SANITARY
HYDRANT
MANHOLE
EXISTING FENCE
FLARED END SECTION
LIGHT POLE
BITUMINOUS SURFACE
UNDERGROUND WATER
EXHIBIT C
BEARINGS ARE BASED ON THE MOST NORHTERLY LINE OF
OUTLOT F, ST. FRANCES WOODS 7TH ADDITION WHICH ISASSUMED TO HAVE A BEARING OF N 88°44'41" W
DENOTES FOUND 1/2 INCH IRON MONUMENT WITH
CAP MARKED R.L.S. NO. 12294
DENOTES SET 1/2 INCH IRON MONUMENT WITH CAP
MARKED R.L.S. NO. 47481
DENOTES CERTIFICATE OF TITLE NO. 60147
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.
Outlot F, ST. FRANCES WOODS 7TH ADDITION, according to the recorded plat
thereof, Dakota County, Minnesota.
And
That part of the South half of the Southwest quarter of Section 25, Township
114 North, Range 21 West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows:
Commencing at the Northeast corner of the South half of the Southwest
quarter of said section; thence bearing South 89° 56' 29" West (assumed
bearing), along the North line of said South half of the Southwest quarter,
760.32 feet to the actual point of beginning of the tract to be described;
thence bearing South 01° 10' 58" West, 500.00 feet; thence bearing South 89°
56' 29" West, parallel with said North line, 671.20 feet, more or less, to the
center line of old Minnesota Trunk Highway No. 65, as laid out and traveled;
thence North along said center line, 500.00 feet, more or less, to the North
line of said South half of the Southwest quarter; thence North 89° 56' 29"
East, along said North line, 671.20 feet to the actual point of beginning.
PROPERTY DESCRIPTION
CITY REQUIREMENTS PER ZONING CODE
EXHIBIT D
KNOW ALL PERSONS BY THESE PRESENTS: That Bethlehem Baptist Church of Minneapolis,
Minnnesota, Inc., a Minnesota non-profit corporation , owner of the following described property:
Outlot F, ST. FRANCES WOODS 7TH ADDITION, according to the recorded plat thereof, DakotaCounty, Minnesota.
And
That part of the South half of the Southwest quarter of Section 25, Township 114 North, Range
21 West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows: Commencing at the
Northeast corner of the South half of the Southwest quarter of said section; thence bearing
South 89° 56' 29" West (assumed bearing), along the North line of said South half of the
Southwest quarter, 760.32 feet to the actual point of beginning of the tract to be described;
thence bearing South 01° 10' 58" West, 500.00 feet; thence bearing South 89° 56' 29" West,
parallel with said North line, 671.20 feet, more or less, to the center line of old Minnesota
Trunk Highway No. 65, as laid out and traveled; thence North along said center line, 500.00
feet, more or less, to the North line of said South half of the Southwest quarter; thence North
89° 56' 29" East, along said North line, 671.20 feet to the actual point of beginning.
Has caused the same to be surveyed and platted as BETHLEHEM BAPTIST CHURCH and does hereby
dedicate to the public for public use the public ways and the drainage and utility easements as
created on this plat.
In witness whereof said Bethlehem Baptist Church of Minneapolis, Minnnesota, Inc., a Minnesota
non-profit corporation, has caused these presents to be signed by its proper officer this day of
, 20 .
Bethlehem Baptist Church of Minneapolis, Minnnesota, Inc.
By: its
Representative, Title
STATE OF
COUNTY OF
This instrument was acknowledged before me on day of , 20 ,
by , the
of Bethlehem Baptist Church of Minneapolis, Minnnesota, Inc., a Minnesota non-profit corporation ,
on behalf of the corporation.
County, Printed Name
My commission expires
I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct
supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a
correct representation of the boundary survey; that all mathematical data and labels are correctly
designated on this plat; that all monuments depicted on this plat have been, or will be correctly set
within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section
505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public
ways are shown and labeled on this plat.
Dated this day of , 20
______________________________________________________________
Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me on this day of ,
20 , by Marcus F. Hampton.
County, Printed Name
My commission expires January 31,
CITY COUNCIL, CITY OF LAKEVILLE, MINNESOTA
This plat of BETHLEHEM BAPTIST CHURCH was approved and accepted by the City Council of the City
of Lakeville, Minnesota at a regular meeting thereof held this day of ,
20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03,
Subd. 2.
By:
Mayor Clerk
BEARINGS ARE BASED ON THE MOST NORHTERLY LINE OF
OUTLOT F, ST. FRANCES WOODS 7TH ADDITION WHICH IS
ASSUMED TO HAVE A BEARING OF N 88°44'41" W
DENOTES FOUND 1/2 INCH IRON MONUMENT WITH
CAP MARKED R.L.S. NO. 12294
DENOTES SET 1/2 INCH IRON MONUMENT WITH CAP
MARKED R.L.S. NO. 47481
DENOTES CERTIFICATE OF TITLE NO. 60147 DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.
DAKOTA COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has
been reviewed and approved this day of , 20 .
By:
Dakota County Surveyor
DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the
land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12,
there are no delinquent taxes and transfer entered this day of ,
20 .
By: Director
Department Of Property Taxation and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of BETHLEHEM BAPTIST CHURCH was filed in the office of the County
Recorder for public record on this day of , 20 ,
at o'clock . M. and was duly filed in Book of Plats,
Page , as Document Number .
County Recorder
REGISTRAR OF TITLES, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of BETHLEHEM BAPTIST CHURCH was filed in the office of the Registrar
of Titles for public record on this day of , 20 ,
at o'clock . M. and was duly filed in Book of Plats,
Page , as Document Number .
Registrar of Titles
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
243 1049.04 COTTONWOOD
14,18
6501 1072.66 COTTONWOOD 18
X
6502 1070.02 COTTONWOOD 18
X
6503 1073.88 COTTONWOOD
10,18 X
6504 1071.30 COTTONWOOD 11 X
6505 1071.10 COTTONWOOD 15
X
6506 1069.80 COTTONWOOD 12 X
6507 1069.24 COTTONWOOD 9
X
6508 1072.89 COTTONWOOD 20
X
6509 1072.68 COTTONWOOD
8,10 X
6510 1072.30 COTTONWOOD 13
X
6511 1072.14 COTTONWOOD 10
X
6512 1071.31 COTTONWOOD 10
X
6513 - COTTONWOOD 8
X
6514 - COTTONWOOD 11
X
6515 1070.87 COTTONWOOD 19
X
6516 1071.72 COTTONWOOD 15
X
6517 1069.83 COTTONWOOD 12
X
6518 1070.14 COTTONWOOD 19
X
6519 1068.10 COTTONWOOD 13
X
6520 1069.29 COTTONWOOD 10
X
6521 1069.83 COTTONWOOD 10
X
6522 1069.43 COTTONWOOD 12
X
6523 1070.02 COTTONWOOD 10
X
6524 1069.18 COTTONWOOD 13
X
6525 1069.10 COTTONWOOD 8
X
6526 1070.19 BOXELDER 9 X
6527 1067.63 COTTONWOOD 11
X
6528 1066.73 COTTONWOOD 8
X
6529 - COTTONWOOD 8
X
6530 1067.91 COTTONWOOD 18
X
6531 1068.73 COTTONWOOD 18
X
6532 1069.34 COTTONWOOD 15
X
6533 1066.89 COTTONWOOD
9,14 X
6534 1066.14 COTTONWOOD 15
X
6535 1066.96 COTTONWOOD 16
X
6536 - COTTONWOOD 7
X
6537 1066.65 COTTONWOOD 10
X
6538 - COTTONWOOD 8
X
6539 1065.48 COTTONWOOD 12
X
6540 1066.01 COTTONWOOD 10
X
6541 -ASPEN 7 X
6542 1065.84 COTTONWOOD 11 X
6543 1066.13 COTTONWOOD 10
X
6544 -ASPEN 8 X
6545 -ASPEN 8 X
6546 -POPLAR 8 X
6547 1067.21 COTTONWOOD 11
X
6548 1067.06 COTTONWOOD
7,9 X
6549 1064.47 COTTONWOOD 12
X
6550 1066.22 COTTONWOOD 10
X
6551 1067.89 ASPEN 8 X
6552 1067.72 POPLAR 8 X
6553 1068.48 COTTONWOOD 9
X
6554 1069.43 COTTONWOOD 9
X
6555 1068.61 COTTONWOOD 11
X
6556 1068.38 POPLAR 9 X
6557 1067.94 POPLAR 9 X
6558 1070.67 COTTONWOOD 11
X
6559 1068.69 COTTONWOOD 14
X
6560 1068.46 COTTONWOOD 10
X
6561 1068.21 COTTONWOOD 13
X
6562 1067.91 COTTONWOOD
7,8 X
6563 1067.44 COTTONWOOD 8
X
6564 1065.82 COTTONWOOD 16
X
6565 1064.86 COTTONWOOD 12
X
6566 1064.25 COTTONWOOD 10
X
6567 1064.55 COTTONWOOD 13
X
6568 1065.69 COTTONWOOD 13
X
6569 1067.33 ASPEN 7 X
6570 -POPLAR 7 X
6571 1063.34 COTTONWOOD 11
X
6572 1062.59 COTTONWOOD 11
X
6573 1066.14 COTTONWOOD 13
X
6574 1065.69 COTTONWOOD 17
X
6575 1065.16 COTTONWOOD 9
X
6576 1065.27 COTTONWOOD 20
X
6577 1066.53 COTTONWOOD 20
X
6578 - COTTONWOOD 8
X
6579 1067.21 COTTONWOOD 13
X
6580 1066.73 COTTONWOOD 16
X
6581 -COTTONWOOD 13
X
6582 1068.30 COTTONWOOD 13
X
6583 -ELM 9 X
6584 1068.29 COTTONWOOD 13
X
6585 1067.46 ASPEN 8 X
6586 -ASPEN 7 X
6587 1065.28 COTTONWOOD
14,20 X
6588 1065.65 COTTONWOOD 18
X
6589 - COTTONWOOD 10
X
6590 1062.26 COTTONWOOD 11
X
6591 1062.42 COTTONWOOD 16
X
6592 1062.36 COTTONWOOD 12
X
6593 1063.18 ELM 12 X
6594 1061.11 COTTONWOOD 13
X
6595 1061.41 COTTONWOOD 8
X
6596 1060.90 COTTONWOOD 11
X
6597 - COTTONWOOD 8
X
6598 1060.26 COTTONWOOD 9
X
6599 1060.09 COTTONWOOD 10
X
6600 -COTTONWOOD 8
X
6601 -ELM 7 X
6602 - COTTONWOOD 8
X
6603 1059.20 COTTONWOOD
10,12 X
6604 1058.26 COTTONWOOD 10
X
6605 - COTTONWOOD 8
X
6606 1057.91 COTTONWOOD 10
6607 - COTTONWOOD 7
X
6608 - COTTONWOOD 7
X
6609 1060.31 COTTONWOOD 13
X
6610 1060.35 COTTONWOOD 9
6611 1058.80 ASPEN 11 X
6612 1059.95 ASPEN 8 X
6613 -ASPEN 7 X
6614 -ASPEN 7
6615 1060.59 COTTONWOOD 14
6617 1063.93 COTTONWOOD 10
6618 1063.38 COTTONWOOD 9 X
6619 1060.38 COTTONWOOD 8,9
6620 1064.75 COTTONWOOD 12 X
6621 1066.26 COTTONWOOD 8 X
6622 1063.11 COTTONWOOD 7 X
6623 1062.85 COTTONWOOD 12 X
6624 1061.74 COTTONWOOD 7,9 X
6625 1061.81 COTTONWOOD 14 X
6626 1061.75 COTTONWOOD 15 X
6627 1061.12 COTTONWOOD 9 X
6628 1061.18 COTTONWOOD 10 X
6629 1061.66 COTTONWOOD 7 X
6630 1061.35 COTTONWOOD 9,9 X
6631 -COTTONWOOD 7 X
6632 -ASPEN 8 X
6633 1062.20 COTTONWOOD 10 X
6634 1063.65 COTTONWOOD 10 X
6635 1062.07 COTTONWOOD 7 X
6636 1064.67 COTTONWOOD 14 X
6637 1066.03 COTTONWOOD 14 X
6638 -CEDAR 8 X
6639 -CEDAR 6 X
6640 1064.11 COTTONWOOD 16 X
6641 1063.50 ASPEN 9 X
6642 -ASPEN 7 X
6643 1062.96 ASPEN 8 X
6644 1062.65 COTTONWOOD 9 X
6645 1067.66 COTTONWOOD 14 X
6646 1066.89 COTTONWOOD 12 X
6647 -CEDAR 6 X
6648 1067.03 ASPEN 12 X
6649 1067.36 COTTONWOOD 7 X
6650 1067.53 ASPEN 8 X
6651 -ASPEN 8 X
6652 -ASPEN 7 X
6653 1065.90 COTTONWOOD 10,11 X
6654 1065.74 COTTONWOOD 10 X
6655 1064.42 COTTONWOOD 14 X
6656 1061.79 COTTONWOOD 20 X
6657 1062.81 COTTONWOOD 13 X
6658 1063.48 COTTONWOOD 10 X
6659 1063.59 ASPEN 8 X
6660 1063.72 ASPEN 8 X
6661 1063.75 ASPEN 9 X
6662 1064.20 ASPEN 9 X
6663 -ASPEN 8 X
6664 -ASPEN 8 X
6665 1063.97 ASPEN 8 X
6666 1064.11 ASPEN 8 X
6667 1064.58 ASPEN 8 X
6668 1064.19 ASPEN 8 X
6669 1062.96 ASPEN 8 X
6670 -ASPEN 8 X
6671 1061.48 COTTONWOOD 15 X
6672 1061.63 COTTONWOOD 11,11,11 X
6673 1061.35 COTTONWOOD 11 X
6674 1061.08 COTTONWOOD 10 X
6675 1061.20 COTTONWOOD 12 X
6676 1062.20 COTTONWOOD 14 X
6677 1061.36 ASPEN 11 X
6678 1061.57 COTTONWOOD 10 X
6680 -ASPEN 8 X
6681 1062.59 COTTONWOOD 8 X
6682 1062.67 COTTONWOOD 11 X
6683 1062.42 ASPEN 8 X
6684 1062.94 COTTONWOOD 10 X
6685 -ASPEN 8 X
6686 -ASPEN 8 X
6687 1064.44 COTTONWOOD 15 X
6688 1065.61 COTTONWOOD 12 X
6689 1065.30 COTTONWOOD 7 X
6690 1064.99 COTTONWOOD 8 X
6691 1063.84 COTTONWOOD 9 X
6692 1064.47 COTTONWOOD 12 X
6693 1063.53 COTTONWOOD 9 X
6694 1063.38 COTTONWOOD 11 X
6695 -COTTONWOOD 8 X
6696 1062.01 COTTONWOOD 9 X
6697 1062.51 COTTONWOOD 11
6698 1061.39 COTTONWOOD 10 X
6699 1063.97 COTTONWOOD 10 X
6700 1061.21 COTTONWOOD 9 X
6701 1061.75 COTTONWOOD 12 X
6702 1061.44 COTTONWOOD 10 X
6703 1061.30 ASPEN 8 X
6704 1058.03 COTTONWOOD 9
6705 1059.58 COTTONWOOD 9
6706 1058.01 ASPEN 9
6707 -ASPEN 8 X
6708 1061.31 ASPEN 9 X
6709 1060.96 ASPEN 12 X
6710 1061.45 ASPEN 8 X
6711 1061.27 ASPEN 10 X
6712 1058.22 COTTONWOOD 15,16
6713 1058.22 COTTONWOOD 14
6714 1056.77 COTTONWOOD 11 X
6715 1056.48 COTTONWOOD 19 X
6716 1056.58 ASPEN 7 X
6717 1056.17 ASPEN 8 X
6718 1055.61 ASPEN 8 X
6719 -ASPEN 8 X
6720 1056.76 ASPEN 7 X
6721 1056.04 ASPEN 8 X
6722 1053.57 COTTONWOOD 12 X
6723 -ASPEN 8 X
6724 1055.35 ASPEN 8 X
6725 1055.18 ASPEN 7 X
6726 1051.78 ASPEN 10 X
6727 1050.81 COTTONWOOD 10 X
6728 1050.78 COTTONWOOD 9 X
6729 1055.96 COTTONWOOD 9 X
6730 1056.28 ASPEN 8 X
6731 1055.99 ASPEN 10 X
6732 1055.21 COTTONWOOD 15 X
6733 1053.79 COTTONWOOD 16 X
6734 -ASPEN 8 X
6735 1055.17 ASPEN 7 X
6736 1055.16 ASPEN 7 X
6737 1055.19 ASPEN 11 X
6738 1055.06 ASPEN 9 X
6739 1050.76 ASPEN 7 X
6740 -ASPEN 8 X
6741 -ASPEN 9 X
6742 -ASPEN 9 X
6743 -ASPEN 8 X
6744 -ASPEN 10 X
6745 1053.20 ASPEN 7 X
6746 1053.30 ASPEN 8 X
6747 -ASPEN 9 X
6748 -ASPEN 10 X
6749 -ASPEN 9 X
6750 -ASPEN 7 X
6751 1047.49 COTTONWOOD 13 X
6752 1052.80 COTTONWOOD 11,12 X
6753 1053.51 COTTONWOOD 13 X
6754 1052.10 COTTONWOOD 13 X
6755 1048.88 COTTONWOOD 12,14 X
6756 -ASPEN 8 X
6757 -ASPEN 7 X
6758 -CHERRY 7,9 X
6759 1047.76 ELM 8 X
6760 1051.07 ASPEN 7 X
6761 1051.43 ASPEN 7 X
6762 1042.69 COTTONWOOD 18 X
6763 -ELM 9 X
6764 1041.38 COTTONWOOD 11 X
6765 1041.49 COTTONWOOD 14 X
6766 1041.84 COTTONWOOD 16 X
6767 1041.87 COTTONWOOD 12 X
6768 1041.30 COTTONWOOD 13 X
6769 1041.05 COTTONWOOD 9 X
6770 1040.98 COTTONWOOD 16 X
6771 1040.70 BOXELDER 9 X
6772 1040.61 COTTONWOOD 11 X
6773 1040.48 COTTONWOOD 8 X
6774 -ELM 7 X
6775 1040.43 COTTONWOOD 16 X
6776 1040.26 COTTONWOOD 8 X
6777 1040.63 COTTONWOOD 12 X
6778 1040.37 COTTONWOOD 20 X
6779 1040.68 ELM 12 X
6780 1042.22 COTTONWOOD 23 X
6781 1041.74 COTTONWOOD 21 X
6782 1041.39 BOXELDER 14 X
6783 1040.44 ELM 11 X
6784 1040.66 COTTONWOOD 17 X
6785 1040.50 COTTONWOOD 10 X
6786 1040.39 COTTONWOOD 8 X
6787 1040.64 COTTONWOOD 19 X
6788 1040.55 COTTONWOOD 12 X
6789 1040.59 COTTONWOOD 17 X
6790 1040.95 COTTONWOOD 20 X
6791 -COTTONWOOD 16 X
6792 1040.68 COTTONWOOD 13 X
6793 1040.85 COTTONWOOD 14 X
6794 1040.57 ELM 9 X
6795 1040.71 COTTONWOOD 11,11 X
6796 1040.82 COTTONWOOD 10 X
6797 1040.67 COTTONWOOD 7 X
6798 1041.10 COTTONWOOD 11 X
6799 1040.88 COTTONWOOD 11 X
6800 1041.39 COTTONWOOD 9 X
6801 1041.22 COTTONWOOD 19 X
6802 1040.93 COTTONWOOD 14 X
6803 1041.16 COTTONWOOD 11 X
6804 1041.05 COTTONWOOD 14 X
6805 1040.90 COTTONWOOD 15 X
6806 1041.26 BOXELDER 7,10,11,12,15 X
6807 1036.38 BOXELDER 19 X
6808 1043.40 COTTONWOOD 23 X
6809 1042.01 COTTONWOOD 14 X
6810 1042.39 COTTONWOOD 22 X
6811 1042.13 COTTONWOOD 13 X
6812 -ELM 8 X
6813 1042.39 COTTONWOOD 15 X
6814 -COTTONWOOD 13 X
6815 1042.32 COTTONWOOD 16 X
6816 1042.65 COTTONWOOD 15 X
6817 1042.16 BOXELDER 7 X
6818 -ELM 13 F
6819 1043.11 COTTONWOOD 23 X
6820 1043.57 COTTONWOOD 18 X
6821 1042.60 BOXELDER 11 X
6822 1043.18 BOXELDER 23 X
6823 -ELM 9 X
6824 1042.17 BOXELDER 10 X
6825 1041.96 BOXELDER 18 X
6826 1042.49 COTTONWOOD 20 X
6827 1042.45 COTTONWOOD 18 X
6828 1042.53 COTTONWOOD 20 X
6829 1042.28 COTTONWOOD 28 X
6830 1041.45 COTTONWOOD 36 X
6831 1036.59 BOXELDER 11 X
6832 1036.43 BOXELDER 10 X
6833 1036.19 BOXELDER 14 X
6834 -BOXELDER 12 X
6835 1028.31 BOXELDER 12,12,13 X
6836 1033.66 BOXELDER 12 X
6837 1037.39 BOXELDER 16 X
6838 1038.23 BOXELDER 16 X
6839 1038.76 BOXELDER 10,12 X
6840 1030.63 COTTONWOOD 22 X
6841 1034.07 COTTONWOOD 11 X
6842 1031.05 COTTONWOOD 17 X
6843 -BOXELDER 8 X
6844 -BOXELDER 9 X
6845 1032.55 COTTONWOOD 25 X
6846 -COTTONWOOD 14
6847 -BOXELDER 7
6848 1034.47 BOXELDER 11,12 X
6849 1032.78 BOXELDER 9 X
6850 -BOXELDER 8 X
6851 1033.78 BOXELDER 16 X
6852 1030.84 BOXELDER 24 X
6853 1029.62 BOXELDER 22 X
6854 1028.32 BOXELDER 13 X
6855 -BOXELDER 8 X
6856 -BOXELDER 10 X
6857 1028.57 BOXELDER 12 X
6858 -ELM 10 X
6859 -CHERRY 11 X
6860 -CHERRY 9 X
6861 1035.09 COTTONWOOD 29 X
6862 1031.81 BOXELDER 12,23 X
6863 1036.52 BOXELDER 31 X
6864 1040.29 BOXELDER 11 X
6865 1038.66 BOXELDER 9,12 X
6866 -BOXELDER 8 X
6867 1031.58 BOXELDER 20 X
6868 -BOXELDER 9 X
6869 1030.64 BOXELDER 11 X
6870 -BOXELDER 9 X
6871 -BOXELDER 10 X
6872 -BOXELDER 12 X
6873 -BOXELDER 13 X
6874 -ELM 17 X
6875 1028.13 BOXELDER 17 X
6876 -BOXELDER 8 X
6877 1039.72 BOXELDER 17,22 X
6878 1028.53 BOXELDER 7 X
6879 1026.97 BOXELDER 9 X
6880 -BOXELDER 10 X
6881 -BOXELDER 12 X
6882 -BOXELDER 9 X
6883 1028.78 COTTONWOOD 27 X
6884 1029.04 COTTONWOOD 16 X
6885 -BOXELDER 7 X
6886 1030.34 COTTONWOOD 17,21 X
6887 1028.12 WILLOW 8 X
6888 1027.74 COTTONWOOD 13,27 X
6889 1027.00 COTTONWOOD 21 X
6890 1027.07 COTTONWOOD 12,18 X
6891 1026.38 COTTONWOOD 16 X
6892 1027.84 COTTONWOOD 13 X
6893 1026.41 COTTONWOOD 15
6894 1025.95 COTTONWOOD 11 X
6895 1025.76 COTTONWOOD 9 X
6896 1025.22 COTTONWOOD 13 X
6897 -COTTONWOOD 7 X
6898 -COTTONWOOD 15
6899 1026.51 COTTONWOOD 13,14
6900 1026.97 COTTONWOOD 8,19,20
6901 1026.08 WILLOW 10,11
6902 1028.47 WILLOW 11
6903 -WILLOW 11
6904 1025.60 WILLOW 9
6905 -WILLOW 11
6906 1025.59 COTTONWOOD 16
6907 1025.76 COTTONWOOD 10
6908 1025.51 COTTONWOOD 11
6909 1025.63 WILLOW 10
6910 1025.58 WILLOW 9
6911 1024.79 WILLOW 10,11
6912 1024.52 WILLOW 12
6913 1024.27 WILLOW 10
6914 1023.94 WILLOW 11
6915 1024.37 WILLOW 10
6916 1024.06 WILLOW 13,14
6917 1024.30 WILLOW 9
6918 1024.11 WILLOW 10
6919 1024.31 WILLOW 7
6920 1024.05 WILLOW 11
6921 1024.32 WILLOW 10
6922 1024.48 WILLOW 9
6923 1024.34 WILLOW 12
6924 1024.26 WILLOW 8
6925 1024.15 WILLOW 7
6926 1023.86 COTTONWOOD 12
6927 1023.89 WILLOW 10
6928 1023.72 WILLOW 14
6929 1023.89 WILLOW 12
6930 1023.52 WILLOW 14,16
6931 1023.69 WILLOW 8
6932 1023.18 WILLOW 11
6933 1023.22 WILLOW 11
6934 1023.15 WILLOW 11
6935 1023.28 WILLOW 10
6936 1023.15 WILLOW 12
6937 1023.27 WILLOW 9
6938 1023.07 WILLOW 9
6939 1023.22 WILLOW 9
6940 1022.92 WILLOW 9
6941 1023.03 WILLOW 9
6942 1023.19 WILLOW 9
6943 1023.21 WILLOW 9
6944 1023.15 WILLOW 13
6945 1023.03 WILLOW 14,14,16,16,16
6946 1023.27 WILLOW 12
6947 1023.06 WILLOW 10
6948 1027.14 BOXELDER 20
6949 1023.46 COTTONWOOD 24
6950 1023.89 COTTONWOOD 21
6951 1023.82 COTTONWOOD 30
6952 1023.11 COTTONWOOD 16
6953 1022.92 WILLOW 31
6954 1023.00 WILLOW 13
6955 1022.80 WILLOW 10
6956 1023.03 WILLOW 18,18
6957 1022.89 WILLOW 10
6959 1047.99 COTTONWOOD 8,16
6960 1046.97 COTTONWOOD 10
6961 1070.04 PINE 6 X
6962 1068.51 PINE 6 X
6963 1068.94 PINE 7 X
6964 1064.55 SPRUCE 7 X
6965 1064.06 SPRUCE 7 X
6966 1060.61 SPRUCE 5,6 X
6967 1061.40 SPRUCE 4,6 X
6968 1061.03 PINE 8 X
6969 1060.96 PINE 8 X
6970 1059.66 PINE 5 X
6971 1057.73
PINE 8 X
6972 1056.62 PINE 7 X
6973 1055.18 SPRUCE 7 X
6974 1054.84 SPRUCE 7 X
6975 1053.88 SPRUCE 3,4 X
6976 1054.86 SPRUCE 4,5 X
6977 1054.34 SPRUCE 7 X
6978 1053.59 SPRUCE 7 X
6979 1053.56 PINE 7 X
6980 1051.69 PINE 7 X
6981 1052.47 PINE 8 X
6982 1052.18 PINE 7 X
6983 1048.34 SPRUCE 6 X
6984 1050.01 SPRUCE 6 X
6985 1048.15 SPRUCE 6 X
6986 1046.56 PINE 8 X
6987 1045.94 PINE 7 X
6988 1044.45 PINE 7 X
6989 1039.65 SPRUCE 6
6990 1040.01 SPRUCE 6
6991 1025.36 PINE 7
6992 -ASPEN 6
6993 -ASPEN 9 X
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On August 3, 2017 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the application of Bethlehem Baptist Church for a conditional use
permit to allow: 1) a religious institution in the C-3, General Commercial District, 2)
building height greater than 35 feet, and 3) an exception to the exterior building material
requirements for an institutional use. The Planning Commission conducted a public
hearing on the proposed conditional use permit preceded by published and mailed notice.
The applicant was present and the Planning Commission heard testimony from all
interested persons wishing to speak.
FINDINGS OF FACT
1. The property is located in Comprehensive Planning District No. 6, Fairfield
Business Campus/I-35/CR 70, which guides the property for commercial uses.
2. The property is zoned C-3, General Commercial District.
3. The legal description of the property is:
Outlot F, St. Frances Woods 7th Addition;
And
That part of the South Half of the Southwest quarter of Section 25, Township 114
North, Range 21 West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows:
Commencing at the Northeast corner of the South half of the Southwest
quarter of said section; thence bearing South 89 degrees 56 minutes 29
seconds West (assumed bearing), along the North line of the said South half of
the Southwest quarter, 760.32 feet to the actual point of beginning of the tract
to be described; thence bearing South 01 degrees 10 minutes 58 seconds West,
2
500.00 feet; thence bearing South 89 degrees 56 minutes 29 seconds West,
parallel with said North line, 671.20 feet, more or less, to the center line of old
Minnesota Trunk Highway No. 65, as laid out and traveled; thence North
along said center line, 500.00 feet, more or less, to the North line of said South
half of the Southwest Quarter; thence bearing North 89 degrees 56 minutes 29
seconds East, along said North line, 671.20 feet to the actual point of
beginning.
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria are satisfied. The
criteria and our findings regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
Finding: The proposed religious institution is consistent with uses allowed in
commercial areas of the City. The building and cross height in excess of 35 feet
and the exterior building materials exception for a church use is consistent with
the policies and provisions of Planning District 6 of the Comprehensive Land
Use Plan.
b) The proposed use is or will be compatible with future land uses of the area.
Finding: The proposed religious institution in the C-3 District will be
compatible with existing and future land uses in the area.
c) The proposed use conforms with all performance standards contained
in the Zoning Ordinance and the City Code.
Finding: The proposed religious institution use in the C-3 District will conform
to the performance standards set forth in the Zoning Ordinance given approval
of the conditional use permit for the building and height of the cross and
exterior building materials.
d) The proposed use can be accommodated with existing public services
and will not overburden the City’s service capacity.
3
Finding: The proposed religious institution use will be served with existing public
services and will not overburden the City’s service capacity.
e) Traffic generation by the proposed use is within capabilities of streets
serving the property.
Finding: Traffic generation from the religious institution use can be accommodated
by minor arterial Kenrick Avenue.
5. The planning report dated July 27, 2017 prepared by Associate Planner Frank
Dempsey is incorporated herein.
RECOMMENDATION
Dated: August 3, 2017
The Planning Commission recommends that the City Council approve the conditional
use permit in the form attached thereto.
LAKEVILLE PLANNING COMMISSION
_______________________
Jason Swenson, Chair
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Frank Dempsey, Associate Planner
From: Matt Decur, Senior Project Engineer
McKenzie L. Cafferty, Environmental Resources Manager
John Hennen, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Daryl Morey, Planning Director
Jerilyn Erickson, Finance Director
Gene Abbott, Building Official
Date: July 26, 2017
Subject: Bethlehem Baptist Church
• Preliminary Plat Review
• Final Plat Review
• Grading and Erosion Control Plan Review
• Utility Plan Review
• Tree Preservation Plan Review
• Conditional Use Permit
• Site Plan Review
BBAACCKKGGRROOUUNNDD
Bethlehem Baptist Church has submitted a preliminary and final plat named Bethlehem
Baptist Church. The proposed subdivision is located east of and adjacent to Kenrick Avenue
and north of CSAH 70 (210th Street). The parent parcels are Outlot F, St Frances Woods 7th
Addition, and a metes and bounds parcel. The metes and bounds parcel is a 15-foot wide
strip of land owned by the City of Lakeville. The City has agreed to sell the parcel to the
Developer. Both parent parcels are zoned C-3, General Commercial District.
The final plat consists of 1 lot, within 1 block, and 1 outlot on 12.34 acres.
BBEETTHHLLEEHHEEMM BBAAPPTTIISSTT CCHHUURRCCHH
JJUULLYY 2266,, 22001177
PPAAGGEE 22 OOFF 88
The outlot created with the final plat shall have the following use:
Outlot A: Wetland and Wetland Buffer, to be deeded to the City (0.43 acres)
The proposed development will be completed by:
Developer: Bethlehem Baptist Church
Engineer/Surveyor: James R. Hill, Inc.
SSIITTEE CCOONNDDIITTIIOONNSS
The Bethlehem Baptist Church site is partially wooded, undeveloped land. The site generally
drains from east to west. A portion of the site drains north to an existing wetland. Existing
overhead power lines are located along the east side of Kenrick Avenue.
EEAASSEEMMEENNTTSS
The parent parcel contains an existing private easement that will remain with the proposed
development.
• Minnegasco easement per document No. 1332047.
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Kenrick Avenue
Bethlehem Baptist Church is located east of and adjacent to Kenrick Avenue, a minor arterial
roadway as identified in the City’s Transportation Plan. The existing right-of-way for Kenrick
Avenue is 225 feet wide. Kenrick Avenue adjacent to the site is a two-lane undivided rural
roadway built in the easterly half of the existing right-of-way. No additional right-of-way is
required with this plat.
Improvements to Kenrick Avenue are not identified in the City’s Capital Improvement Plan. A
cash escrow for future upgrade of Kenrick Avenue is required with this development. The
Cash Escrow for Future Upgrade of Kenrick Avenue will be collected with the final plat and is
calculated as follows:
427.24 f.f. x $160.00/unit = $68,358.40
Front Footage on Kenrick Avenue Future Upgrade Fee for Commercial Rural Section Total
New access driveways onto Kenrick Avenue shall have stop signs and stop bars. A security
will be collected to ensure proper construction of driveways and restoration of Kenrick
Avenue.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and site construction shall be from a
single rock construction entrance off of Kenrick Avenue.
BBEETTHHLLEEHHEEMM BBAAPPTTIISSTT CCHHUURRCCHH
JJUULLYY 2266,, 22001177
PPAAGGEE 33 OOFF 88
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
Park Dedication has not been collected on the parent parcel and will be satisfied through a
cash contribution that shall be paid with the final plat. The Park Dedication Fee will be based
on the rate in effect at the time of final plat approval, calculated as follows:
11.89 acres x $7,693/acre = $91,469.77
Lot 1, Block 1
Bethlehem Baptist Church
Park Dedication Fee Park Dedication Requirement
The City’s current Parks, Trails, and Open Space Plan identifies a trail along the east side of
Kenrick Avenue adjacent to the plat. The Developer shall pay a cash fee for its 5/8th portion of
the future trail construction costs adjacent to the plat along the east side of Kenrick Avenue.
The cash fee, based on an estimate provided by the Developer’s engineer, shall be submitted
with the final plat, calculated as follows:
$5,660.93 x 5/8 = $3,538.08
Future Trail Construction Cost adjacent to
Bethlehem Baptist Church (excluding
grading and restoration)
Developer’s Cost Share Total
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Bethlehem Baptist Church is located within subdistrict SC-13200 of the South Creek sanitary
sewer district as identified in the City’s Sewer Plan. Wastewater will be conveyed to the MCES
Farmington Interceptor and continue to the Empire Wastewater Facility. Downstream
facilities will be monitored for capacity constraints when residential properties develop west
of Bethlehem Baptist Church. Facilities have sufficient capacity to serve the proposed
development.
Private sanitary sewer will be extended within the site from an existing sanitary sewer main
within Kenrick Avenue. A manhole will be constructed in the existing 10-inch public sanitary
sewer main and 8-inch private sanitary sewer service will be extended to the site. A $10,000
escrow will be collected to ensure proper construction of the sanitary sewer manhole.
Lateral Sanitary Sewer and Watermain Charges for Outlot F, St. Frances Woods 7th Addition,
were reassessed and deferred with the St. Frances Woods 7th Addition final plat. The
$28,454.91 deferred balance will be collected with the Bethlehem Baptist Church final plat.
The Sanitary Sewer Availability Charge is due for the parent parcels. The Sanitary Sewer
Availability Charge shall be based on the SAC Unit determination and will be collected with
the building permit.
WWAATTEERRMMAAIINN
Development of Bethlehem Baptist Church includes connection to an existing 20-inch
watermain within Kenrick Avenue. Private watermain will be extended within the Bethlehem
BBEETTHHLLEEHHEEMM BBAAPPTTIISSTT CCHHUURRCCHH
JJUULLYY 2266,, 22001177
PPAAGGEE 44 OOFF 88
Baptist Church site to provide water service to the development. A $5,000.00 escrow will be
collected to ensure proper connection to the public watermain.
OOVVEERRHHEEAADD LLIINNEESS
Consistent with the requirements of Chapter 7-6 of the City Code, the Developer shall remove
and place underground the existing utility lines and poles adjacent to the Bethlehem Baptist
Church plat along Kenrick Avenue. A $86,000 security will be collected to ensure the
overhead lines are removed.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Bethlehem Baptist Church is located within subdistricts ML-5 and ML-6 of the Lake Marion
stormwater district as identified in the City’s Water Resources Management Plan.
Stormwater runoff generated from the Bethlehem Baptist Church site will be collected and
treated by stormwater management basins constructed within the site. The basins will
provide water quality treatment and rate control of the stormwater runoff generated from the
Bethlehem Baptist Church development. The stormwater management designs are
consistent with City requirements. A Stormwater Maintenance Agreement is required with
the final plat.
The final grading plan shall identify all fill lots in which the building footings will be placed on
fill material. The grading specifications shall also indicate that all embankments meet
FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings
placed on fill material are appropriately constructed. Building permits will not be issued until
a soils report and an as-built certified grading plan have been submitted and approved by
City staff.
Bethlehem Baptist Church contains more than one acre of site disturbance. A National
Pollution Discharge Elimination System General Stormwater Permit for construction activity is
required from the Minnesota Pollution Control Agency for areas exceeding one acre being
disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be
submitted to the City upon receipt from the MPCA.
SSTTOORRMM SSEEWWEERR
Development of Bethlehem Baptist Church includes the construction of private storm sewer.
Storm sewer will be installed within Lot 1, Block 1 to collect and convey stormwater runoff to
the private stormwater management basins located on the site. Culverts will be installed in
each driveway access to convey Kenrick Avenue drainage
The Trunk Storm Sewer Area Charge is due for the parent parcel, and shall be paid with the
Bethlehem Baptist Church final plat. The Trunk Storm Sewer Area Charge is calculated as
follows:
BBEETTHHLLEEHHEEMM BBAAPPTTIISSTT CCHHUURRCCHH
JJUULLYY 2266,, 22001177
PPAAGGEE 55 OOFF 88
517,928 s.f. x $0.250/s.f. = $129,482.00
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot
A to the City, consistent with City policy. The credit is based on the area of the Outlot and is
calculated at the rate of $5,500.00 per acre. The Trunk Storm Sewer Area Charge will be
applied to the Bethlehem Baptist Church final plat cash fees. The credit is calculated as
follows:
0.43 acres x $5,500/acre = $2,365.00
Total Area of Outlot A Per Acre Credit Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
FEMA FLOODPLAIN ANALYSIS
Bethlehem Baptist Church is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the
Federal Emergency Management Agency (FEMA). Based on this designation, there are no
areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA.
WWEETTLLAANNDDSS
The wetland delineation for the site was completed. No impacts are proposed to the wetland.
The wetland and wetland buffers will be deeded to the City in Outlot A.
TTRREEEE PPRREESSEERRVVAATTIIOONN
A tree preservation plan was submitted. 457 trees were identified on the site. The developer
plans to save 42 trees, mostly in the wetland area. Any save trees that are removed will
require a 2:1 replacement.
EERROOSSIIOONN CCOONNTTRROOLL
The developer is responsible for obtaining a MPCA Construction Permit for the site prior to
construction. The permit requires that all erosion and sediment BMPS be clearly outlined in a
site’s SWPPP. Changes made throughout construction must be documented in the SWPPP.
Additional erosion control measures may be required during construction as deemed
necessary by City staff. Any additional measures required shall be installed and maintained by
the Developer. The Developer is responsible for the first 2 years of vegetation maintenance in
the basin areas. This will include mowing 2 to 3 times, 30 days apart during the first year with
the mower deck set about 6-8 inches off the ground. The second year, the basin areas must
be mowed once before weeds set their seeds. This will reduce weed establishment, and help
stimulate the desirable vegetation.
BBEETTHHLLEEHHEEMM BBAAPPTTIISSTT CCHHUURRCCHH
JJUULLYY 2266,, 22001177
PPAAGGEE 66 OOFF 88
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Bethlehem Baptist Church. Construction costs are based upon
estimates submitted by the Developer’s engineer.
CONSTRUCTION COSTS
Connect to Sanitary Sewer and Construct Manhole $ 10,000.00
Connect to Watermain 5,000.00
Street/Driveway Construction 10,000.00
Erosion Control, Grading and Grading Certification 25,000.00
SUBTOTAL - CONSTRUCTION COSTS $50,000.00
OTHER COSTS
Developer’s Design (3.0%) $1,500.00
Developer’s Construction Survey (2.5%) 1,250.00
City’s Legal Expense (0.5%) 250.00
City Construction Observation (5.0%) 2,500.00
Developer’s Record Drawing (0.5%) 250.00
Removing Overhead Utility Poles and Lines 86,000.00
Landscaping 15,000.00
Street Lights 2,800.00
Lot Corners/Iron Monuments 200.00
SUBTOTAL - OTHER COSTS $109,175.00
TOTAL PROJECT SECURITY $154,175.00
The street light security totals $2,800 which consists of two (2) mast arm street lights at $1,400
each.
The Developer shall post a security to ensure the final placement of iron monuments at
property corners with the final plat. The security is $100.00 per lot and outlot for a total of
$200.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all
irons have been placed following site grading, street and utility construction.
BBEETTHHLLEEHHEEMM BBAAPPTTIISSTT CCHHUURRCCHH
JJUULLYY 2266,, 22001177
PPAAGGEE 77 OOFF 88
CCAASSHH FFEEEESS
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
427.24 feet x $0.2451/front foot/quarter x 4 quarters = $418.87
Front Footage, Lot 1 Block 1 Streetlight Operating Fee Total
A cash fee for one-year of environmental resources expenses shall be paid at the time of final
plat approval and is calculated as follows:
11.89 Acres x 4.2 x $37.20/unit = $1,857.69
Lot 1 Block 1 Utility Factor Environmental Resources Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
2 units x $90.00/unit = $180.00
Lots/Outlots City Base Map Updating Fee Total
The Developer shall submit the final plat and construction drawings in an electronic format.
The electronic format shall be in either .dwg (AutoCAD) or .dxf format.
The Developer shall also pay a cash fee for City Engineering Administration. The fee for City
Engineering Administration will be based on three percent (3.00%) of the estimated
construction cost, or $1,500.00.
CASH REQUIREMENTS
Park Dedication Fee $ 91,469.77
Future Upgrade of Kenrick Avenue 68,358.40
Future Trail Along Kenrick Avenue 3,538.08
Deferred Assessment 229 – Lateral Sanitary Sewer and Watermain 28,454.91
Trunk Storm Sewer Area Charge 129,482.00
Streetlight Operating Fee 418.87
Environmental Resources Fee 1,857.69
City Base Map Updating Fee 180.00
City Engineering Administration (3.00%) 1,500.00
SUBTOTAL - CASH REQUIREMENTS $325,259.72
CREDITS TO THE CASH REQUIREMENTS
Outlot A (Trunk Storm Sewer Fund) $2,365.00
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS =
$2,365.00
TOTAL CASH REQUIREMENTS $322,894.72
BBEETTHHLLEEHHEEMM BBAAPPTTIISSTT CCHHUURRCCHH
JJUULLYY 2266,, 22001177
PPAAGGEE 88 OOFF 88
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the preliminary and final plat, grading and erosion
control plan, utility plan, tree preservation plan, conditional use permit, and site plan for
Bethlehem Baptist Church, subject to the requirements and stipulations within this report.
City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: August 11, 2017
Subject: Packet Material for the August 17, 2017 Planning Commission Meeting
Agenda Item: Bethlehem Baptist Church, Continued from August 3, 2017 Meeting:
1. The Preliminary and Final Plat of Bethlehem Baptist Church
2. A Conditional Use Permit to allow: a) a religious institution in the C-3, General
Commercial District, b) building height greater than 35 feet, and c) an exception to
the exterior building material requirements for an institutional use.
Application Action Deadline: October 19, 2017
BACKGROUND
At the August 3, 2017 public hearing, the Planning Commission heard from the applicant,
Planning Department staff and residents of the adjacent Enclave at St. Frances Woods
neighborhood regarding the request of Bethlehem Baptist Church for the construction of a
church on their property located east of Kenrick Avenue and south of 205th Street. Public
comment centered around possible impacts from the development of the church property on the
Enclave at St. Frances Woods neighborhood to the east, including: tree removal, the future phase
parking lot, freeway noise, and property values.
The Planning Commission closed the public hearing and requested that staff work with church
representatives to revise the site plan and landscape plan to improve the screening of the future
parking lot.
2
EXHIBITS
A. Revised Site Plan
B. Revised Landscape Plan
C. Emails received from residents following the August 3, 2017 public hearing (9 pages)
D. Petition Submitted by Enclave at St. Frances Woods residents (6 pages)
REVISED SITE PLAN AND LANDSCAPE PLAN
The existing topography of the site rises approximately 22 feet from Kenrick Avenue to the east
property line. There is a natural drop in elevation of approximately 50 feet from the south end to
the north end of the property where the stormwater infiltration and retention ponds will be
located. The site topography presents challenges for locating the building pad, parking lots and
stormwater basins.
Planning and Engineering staff met with church representatives on August 7th to discuss
revisions to the site and landscape plans. Subsequently, a revised site plan (see Exhibit A) was
submitted that includes a reduction of 41 future parking spaces on the east side of the site and
shifting the future parking lot approximately 50 feet to the west to provide an overall buffer
setback of approximately 150 feet between the future parking lot and the closest single family
residential lots to the east. A revised landscape plan (Exhibit B) was submitted that includes a
total of 25 Balsam Fir, Black Hills Spruce and White Pine evergreen trees with the first phase
of site development to allow a head start for the landscape screening in the area between the
future parking lot and the single family residential lots to the east. The trees will be planted on
a two foot tall berm and will be located entirely outside of the gas pipeline easement. The
proposed future storage building was also relocated to the southeast corner of the future
parking lot. Juniper shrubs will be planted east of the future storage building to provide
additional screening.
Section 11-21-9 of the Zoning Ordinance requires that the church provide a minimum 20 foot
wide landscaped buffer with materials that will provide screening eight feet in height. The
revised plans submitted by the church exceed the Zoning Ordinance requirements for buffer
width and the installation of the landscape screen in advance of the future parking lot
construction.
3
RECOMMENDATION
The Bethlehem Baptist Church preliminary and final plat and conditional use permit meet the
requirements of the Zoning and Subdivision Ordinances. City staff recommends approval
subject to the following stipulations:
1. The recommendations listed in the Engineering Department memorandum dated July
26, 2017.
2. The building and site shall be developed consistent with the plans approved by the
City Council including the revised site plan and landscape plan dated August 8, 2017.
3. The Grade A and Grade B exterior building materials shall not be painted.
4. The height of the cross shall not exceed 52 feet in height.
5. Outlot A shall be deeded to the City with the final plat.
6. A $20,000 landscape security shall be submitted with the final plat.
7. A sign permit application shall be submitted and approved by the City prior to the
installation of any signage.
8. The future building addition and/or parking expansion requires approval of a
conditional use permit amendment.
Updated findings of fact for approval are attached
cc: Jon Hendricks, Bethlehem Baptist Church
Norman Schroeder
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On August 3, 2017 and August 17, 2017, the Lakeville Planning Commission met at it’s
regularly scheduled meetings to consider the application of Bethlehem Baptist Church for a
conditional use permit to allow: 1) a religious institution in the C-3, General Commercial
District, 2) building height greater than 35 feet, and 3) an exception to the exterior building
material requirements for an institutional use. The Planning Commission conducted a
public hearing on the proposed conditional use permit on August 3, 2017 preceded by
published and mailed notice. The applicant was present and the Planning Commission
heard testimony from all interested persons wishing to speak.
FINDINGS OF FACT
1. The property is located in Comprehensive Planning District No. 6, Fairfield
Business Campus/I-35/CR 70, which guides the property for commercial uses.
2. The property is zoned C-3, General Commercial District.
3. The legal description of the property is:
Outlot F, St. Frances Woods 7th Addition;
And
That part of the South Half of the Southwest quarter of Section 25, Township 114
North, Range 21 West, Dakota County, Minnesota, described as follows:
The northerly fifteen (15) feet of the parcel of land described as follows:
Commencing at the Northeast corner of the South half of the Southwest
quarter of said section; thence bearing South 89 degrees 56 minutes 29
seconds West (assumed bearing), along the North line of the said South half of
the Southwest quarter, 760.32 feet to the actual point of beginning of the tract
to be described; thence bearing South 01 degrees 10 minutes 58 seconds West,
2
500.00 feet; thence bearing South 89 degrees 56 minutes 29 seconds West,
parallel with said North line, 671.20 feet, more or less, to the center line of old
Minnesota Trunk Highway No. 65, as laid out and traveled; thence North
along said center line, 500.00 feet, more or less, to the North line of said South
half of the Southwest Quarter; thence bearing North 89 degrees 56 minutes 29
seconds East, along said North line, 671.20 feet to the actual point of
beginning.
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria are satisfied. The
criteria and our findings regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
Finding: The proposed religious institution is consistent with uses allowed in
commercial areas of the City. The building and cross height in excess of 35 feet
and the exterior building materials exception for a church use is consistent with
the policies and provisions of Planning District 6 of the Comprehensive Land
Use Plan.
b) The proposed use is or will be compatible with future land uses of the area.
Finding: The proposed religious institution in the C-3 District will be
compatible with existing and future land uses in the area provided
compliance with the stipulations outlined in the conditional use permit.
c) The proposed use conforms with all performance standards contained
in the Zoning Ordinance and the City Code.
Finding: The proposed religious institution use in the C-3 District conforms to
the performance standards set forth in the Zoning Ordinance required for a
conditional use permit for the religious institution, building height and
exterior building materials.
d) The proposed use can be accommodated with existing public services
and will not overburden the City’s service capacity.
3
Finding: The proposed religious institution use will be served with existing public
services and will not overburden the City’s service capacity.
e) Traffic generation by the proposed use is within capabilities of streets
serving the property.
Finding: Traffic generation from the religious institution use can be accommodated
by minor arterial Kenrick Avenue.
5. The planning reports dated July 27, 2017 and August 11, 2017 prepared by Associate
Planner Frank Dempsey are incorporated herein.
RECOMMENDATION
Dated: August 17, 2017
The Planning Commission recommends that the City Council approve the conditional
use permit in the form attached thereto.
LAKEVILLE PLANNING COMMISSION
_______________________
Jason Swenson, Chair