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Home My WebLink AboutItem 05b - SMNPT1, LLC CUPCity of Lakeville Community Development Memorandum To: Planning Commission Heather Botten December 8, 2025 Packet Material for the December 18, 2025 Planning Commission Meeting SMNPT 1 LLC Conditional use permit to allow a commercial building less than 2,000 square feet of floor area. March 4, 2026 – 2nd 60 days Representatives of SMNPT 1, LLC have submitted an application for a conditional use permit to allow a commercial building less than 2,000 square feet of floor area. The development is for property located north of 202nd Street (CSAH 50), south of Heritage Drive and east of Dodd Boulevard (CSAH 9), identified as Lot 1, Block 1 Heritage Commons 10th Addition on the preliminary plat. Section 11-17-17 of city code states that principal buildings for commercial and industrial uses having less than 2,000 square feet of floor area may only be allowed upon approval of a conditional use permit. The conditional use permit request is to allow one building to be about 840 square feet in size for a stand-alone, double drive-through coffee shop. The site received preliminary plat approval and a conditional use permit for two convenience restaurants with a drive-through in July 2025. Final plat approval is required before construction of the buildings can take place. The proposed development plans have been reviewed by Community Development and Engineering staff. A. Location Map B. Site Plan C. Grading and Drainage Plan D. Building Elevation Plans 2 STAFF ANALYSIS Comprehensive Plan. The property is located in Planning District No. 4, Central Lakeville, and is guided for commercial uses in the 2040 Comprehensive Land Use Plan. The proposed convenience restaurant uses are consistent with the commercial designation of the Comprehensive Land Use Plan. The property is zoned PUD, Planned Unit Development District with an underlying C-3, General Commercial District zoning. The proposed convenience restaurant with a drive-through is consistent with the uses allowed in a commercial district. North Heritage Drive and Lake Marion Commercial C-3, General Commercial South 202nd Street (CSAH 50) and Commercial C-3, General Commercial East O’Reilly Auto Commercial PUD, Planned Unit Development Grading, drainage and erosion control plans have been submitted with the Heritage Commons 10th Addition preliminary plat. Engineering and Environmental Resources have reviewed the site, grading, drainage and erosion control, and utility plans. Final civil plans have not been approved and will be reviewed at the time of final plat for the property. A copy of the engineering report dated December 8, 2025 is attached for your review. The Engineering Division recommends approval of the CUP subject to the recommendations outlined in the report. Development of a convenience food restaurant with a drive-through service window use within the Heritage Commons PUD is subject to the same requirements as those within the C-3, General Commercial District. Section 11-73-7.G of the Zoning Ordinance establishes performance standards for convenience food uses. The performance standards include limiting the hours of operation from 5:00 am to 11:00 pm unless approved by CUP. Other performance standards are reviewed below. 3 Setbacks. The proposed building meets or exceeds the setback requirements of the C-3 District of: Front – 30 feet Side – 10 feet Rear – 10 feet The proposed convenience restaurant is a single-story structure 20 feet in height at the tallest point. A maximum building height of 35 feet is allowed in the C-3 District. The setback requirements for parking are 15 feet abutting right-of-way and five feet from interior lot lines. The proposed development includes two convenience restaurants with shared parking. The development requires a minimum of 37 parking spaces, taking into account the 10% gross floor area credit and the requirement of one parking space per 80 square feet of floor area. The maximum number of parking stalls allowed is up to 125% of the minimum parking spaces, without CUP approval. 125% of the minimum parking is 47 spaces. The site plan demonstrates 47 parking spaces, complying with code requirements. Access to the site will be from Heritage Drive. Direct driveway access to 202nd Street and/or Dodd Boulevard is not permitted. An agreement for shared access between the parcels in Heritage Commons 10th Addition and Heritage Commons 6th Addition (O’Reilly Auto) is required to be executed as part of the recording of the final plat. At least 25 percent of the lot shall remain as greenspace, including trees, shrubbery, plantings or fencing. The site plan identifies that 27% percent of the site is greenspace. This complies with the greenspace requirements of the Zoning Ordinance for convenience food uses. The landscape plan proposes a mix of deciduous and ornamental trees and shrubs around the west and south portions of the site to minimize headlights shining on to the right-of- way from the drive throughs and foundation plantings around the buildings. The remaining areas will be seeded and in-ground irrigation is required. Development of the site shall include responsibility for boulevard maintenance along 202nd Street and Dodd Boulevard. The Developer must provide a security with the final plat to guarantee installation of the landscaping. The City Forester has reviewed and approved the preliminary landscape plan dated May 28, 2025. Landscaping on site must be installed per the approved plan. Prior to a landscape inspection, an as-built landscape plan must be submitted to the city. The exterior building materials are mainly Grade A, brick material. The materials proposed comply with Zoning Ordinance requirements. A contrasting stripe is shown on the building which is a design element seen on buildings in the Heritage Commons development. The double drive-through lanes exceed the minimum 180 feet of segregated vehicle stacking lane from the service windows. 4 Menu Boards. A sign permit must be issued prior to the installation of a menu board and the sign must comply with the requirements of Section 11-23-7.G.11.c of the Zoning Ordinance. . According to the adopted sign plan for Heritage Commons, the lot is able to have a monument sign, up to fifteen feet in height and with a sign area of up to 80 square feet, if desired. Since the property fronts more than one street, up to two wall signs are permitted per building, not to exceed 100 square feet in sign area. All signs require approval of a sign permit prior to installation. Signs shown on the plans are illustrative only and no approvals are granted as a part of the CUP request. The trash and recycling enclosure will be located near the entrance of the drive through. The enclosure must comply with code requirements, including a maintenance-free gate. Parking lot lighting is scattered around the site and is proposed to be mounted at a height of 23 feet. No light source or combination thereof which casts light on a public street shall exceed one foot-candle meter reading as measured at the right of way or property line. All building mounted lighting must face downward onto the structure. . Any roof-mounted mechanical equipment must be screened if greater than three feet in height. Ground-mounted mechanical equipment must be screened with landscaping and/or fencing. Snow storage may not take place in required parking spaces. A Stormwater Maintenance Agreement will be required with the final plat for maintenance of the stormwater system on site. Community Development Department staff recommends approval of the conditional use permit to allow a commercial building to be less than 2,000 square feet in size, subject to the following stipulations: 1. Implementation of the recommendations listed in the December 8, 2025 engineering report. 2. The site shall be developed according to the plans approved by the City Council. 3. Execution of a Stormwater Maintenance Agreement shall be required with the final plat between the Developer and the City of Lakeville for the maintenance of the stormwater system located on the property. 5 4. An agreement for shared driveway access shall be established between Lot 1, Block 1 and Outlot A, Heritage Commons 10th Addition and Lot 1, Block 1, Heritage Commons 6th Addition and Lake Marion Collision in conjunction with the recording of the final plat. 5. The hours of operation shall be limited to five o’clock (5:00) A.M. to eleven o’clock (11:00) P.M. 6. Any rooftop and/or ground-mounted mechanical equipment must be screened per Zoning Ordinance requirements. 7. The City Forester has reviewed and approved the preliminary landscape plan dated May 28, 2025. Landscaping on site must be installed per the approved plan. Prior to a landscape inspection, an as-built landscape plan must be submitted to the city. 8. The Developer must provide a security with the final plat to guarantee installation of the landscaping. 9. Exterior lighting shall be down-cast only and shall not glare onto road right-of-way. 10. Snow storage shall not occur within required parking spaces. 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Cafferty, Environmental Resources Manager Tina Goodroad, Community Development Director Julie Stahl, Finance Director Zach Johnson, City Engineer David Mathews, Building Official December 8, 2025 CUP for a commercial building less than 2,000 square feet in size HVP V Epic Heritage, LLC has submitted a conditional use permit for a building on plans named Heritage Commons Restaurants. The parent parcels consist of Outlots A and C, Heritage Commons 10th Addition. It is zoned PUD, Planned Unit Development. The proposed development is located east of and adjacent to Dodd Boulevard, north of and adjacent to 202nd Street (CSAH 50), and south of and adjacent to Heritage Drive. The proposed development will be completed by: Developer: 2C Development, LLC Engineer: Contour Civil Design The site was previously utilized as a gas station that has since been demolished. Two existing shared access driveways are located on the west and northeast sides of the parcel. There are no existing wetlands or trees located in or near the parcel. The site is located within the South Creek Stormwater District with the site generally draining southwest to northeast. EASEMENTS Prior to issuance of the conditional use permit: HHEERRIITTAAGGEE CCOOMMMMOONNSS 1111TTHH AADDDDIITTIIOONN –– CCUUPP DDEECCEEMMBBEERR 88,, 22002255 PPAAGGEE 22 OOFF 55 • A shared access easement shall be placed over the private parking lot. Dodd Boulevard (CSAH 9) Heritage Commons 11th is located east of and adjacent to Dodd Boulevard (CSAH 9), a Dakota County highway classified as a minor arterial. The 2022 Dakota County Plat Needs Map (rev. 10-27-22) identifies a half right-of-way need of 75 feet. The Developer dedicated the necessary right-of-way with the preliminary plat. The preliminary plat was reviewed and recommended for approval by the Dakota County Plat Commission on April 23, 2025. The Developer is responsible for any requirements stipulated by Dakota County. 202nd Street (CSAH 50) Heritage Commons 11th Addition is located north of and adjacent to 202nd Street (CSAH 50), a minor arterial County roadway as identified in the City’s Transportation Plan. The preliminary plat was reviewed and recommended for approval by the Dakota County Plat Commission at its April 23, 2025 meeting. The developer dedicated the necessary right-of-way with the preliminary plat. The Developer is responsible for any requirements stipulated by Dakota County. Heritage Drive Heritage Commons 11th Addition is located south of Heritage Drive, a minor collector roadway as identified in the City’s Transportation Plan. The right-of-way for Heritage Drive was dedicated with the Heritage Commons final plat; no additional right-of-way is required with the final plat. No construction improvements are proposed with the development of Heritage Commons 11th Addition. Construction traffic access and egress for grading, utility and street construction shall be determined with the final construction plans approved with the final plat. The Park Dedication requirement has not been satisfied on the parent parcels and will be required with the final plat for Heritage Commons 11th. Development of Heritage Commons 11th Addition does not include the construction of public trails or sidewalks. Existing sidewalks are located along Dodd Boulevard and 202nd Street adjacent to the plat. HHEERRIITTAAGGEE CCOOMMMMOONNSS 1111TTHH AADDDDIITTIIOONN –– CCUUPP DDEECCEEMMBBEERR 88,, 22002255 PPAAGGEE 33 OOFF 55 UUTTIILLIITTIIEESS Heritage Commons 11th Addition is located within subdistrict ML-70050 of the Lake Marion sanitary sewer district as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed to the MCES Farmington Interceptor monitored by meter M649 and continue to the Empire Wastewater Treatment Facility. An existing sanitary sewer manhole extends to the northeast portion of the parcel. Development of Heritage Commons 11th Addition includes the extension of 6-inch privately owned and maintained sanitary sewer service to provide service to Lot 1, Block 1. The construction of utility service shall not be permitted prior to recording of the final plat and approval of construction plans by City Engineering. The Sanitary Sewer Availability Charge will be required to be paid with the building permit application. Final sewer service connection locations and sizes will be reviewed by City staff with the final construction plans approved with the final plat. An existing 8-inch watermain stub extends into the parcel from Heritage Drive on the northeast portion of the parcel. Development of Heritage Commons 11th Addition includes the extension of privately owned and maintained 6-inch watermain to provide service to the development. The construction of utility services shall not be permitted prior to recording of the final plat and approval of construction plans by City Engineering. Final water service connection locations and sizes will be reviewed by City staff with the final construction plans approved with the final plat. Heritage Commons 11th Addition is located within subdistricts SC-094 and SC-169 of the South Creek Drainage District, as identified in the City’s Water Resources Management Plan. Development of Heritage Commons 11th Addition will include the construction of one privately owned and maintained underground stormwater infiltration system located within Lot 1, Block 1, Heritage Commons 11th Addition. The construction shall not be permitted prior to recording of the final plat and approval of construction plans by City Engineering. The Developer shall sign a stormwater maintenance agreement for the underground stormwater system and dedicate a drainage and utility easement over the stormwater management area prior to the recording of the final plat. The underground stormwater HHEERRIITTAAGGEE CCOOMMMMOONNSS 1111TTHH AADDDDIITTIIOONN –– CCUUPP DDEECCEEMMBBEERR 88,, 22002255 PPAAGGEE 44 OOFF 55 system will provide water quality treatment, volume reduction, and rate control of the stormwater runoff generated from the proposed site improvements. The final grading plan approved with the final plat must indicate any proposed borrow areas in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA/HUD 79G specifications. A final certificate of occupancy shall not be issued until an as-built certified grading plan has been submitted and approved by the City Engineer. Heritage Commons 11th Addition 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. A grading permit for Heritage Commons 11th Addition will not be approved until a suitable soil report for the site outlining any potential contamination is submitted to the City for review. Privately owned and maintained storm sewer will be constructed with the development of Heritage Commons 11th Addition. Private storm sewer constructed within Lot 1, Block 1, Heritage Commons 11th Addition will convey runoff to the privately owned and maintained underground stormwater system. The construction shall not be permitted prior to recording of the final plat and approval of construction plans by City Engineering. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be paid with the final plat. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans approved with the final plat. Heritage Commons 11th Addition is shown on the Flood Insurance Rate Map (Map Nos. 27037C0192E; Eff. Date 12/2/2011) 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. There are no wetlands on the site. HHEERRIITTAAGGEE CCOOMMMMOONNSS 1111TTHH AADDDDIITTIIOONN –– CCUUPP DDEECCEEMMBBEERR 88,, 22002255 PPAAGGEE 55 OOFF 55 TTRREEEE PPRREESSEERRVVAATTIIOONN There are no trees within the parent parcel. The plans include a detailed erosion and sediment control plan. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. The permit requires that all erosion and sediment best management practices (BMPs) be clearly outlined in a site’s 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. Changes made throughout construction must be documented in the SWPPP. An on-site preconstruction meeting shall be held with the City prior to work commencing on the site. No grading can take place until the City has reviewed and approved the SWPPP for the site. The MS4 Administration Fee has not been collected on the parent parcel and must be paid with the final plat. Engineering recommends approval of the CUP subject to the requirements and stipulations within this report. Applicable securities and cash requirements will be due with the final plat application. 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On December 18, 2025, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of SMNPT 1, LLC for a conditional use permit to allow the construction of a commercial building less than 2,000 square feet of floor area. The Planning Commission conducted a public hearing on the conditional use permit application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. 1. The subject property is located in Comprehensive Planning District 4, which guides the property for Commercial. 2. The subject site is zoned PUD, Planned Unit Development. 3. Legal description of the property is: Outlot C, Heritage Commons 10th Addition, Dakota County, Minnesota 4. Chapter 4 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: Finding: The proposed convenience restaurant with a drive-through use is consistent with the guided commercial use of the property. 2 Finding: The proposed convenience restaurant will be compatible with the existing and future land uses in the area. Finding: Provided compliance with the stipulations of the conditional use permit and PUD agreement, the proposed use will conform to all other performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed uses can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The streets serving this site are adequate to accommodate traffic from the proposed use. 5. The report dated December 8, 2025, prepared by Heather Botten, Senior Planner is incorporated herein. The Planning Commission recommends that the City Council approve the conditional use permit conditioned upon compliance with the planning report prepared by Senior Planner, Heather Botten dated December 8, 2025. LAKEVILLE PLANNING COMMISSION BY: __________________________ Christine Zimmer, Chair