HomeMy WebLinkAboutItem 08April 11, 2013
MOM BRANDS
CONDITIONAL USE PERMIT
April 15, 2013 City Council Meeting
Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve a conditional use permit for
MOM Brands and adopt the findings of fact as presented
Adoption of this motion will allow the construction of parking lot and other site improvements
adjacent to MOM Brands two buildings in the Fairfield Business Campus.
Overview
MOM Brands has applied for a conditional use permit (CUP) to allow multiple principal buildings on
one lot of record as allowed in the OP, Office Park District. MOM Brands purchased the former New
Morning Windows property (referred to as the East Building) which is located adjacent to their
existing Technical Center (West Building). MOM Brands is in the process of renovating the East
Building by converting former warehouse and manufacturing space into two -story office space.
MOM Brands has submitted a site plan that proposes to develop parking and other site plan
improvements to allow their two buildings to function as a two building 'campus" rather than two
separate properties. As a result, the parking lot design does not comply with setback requirements
from the original lot lines and thus MOM Brands is requesting a lot combination which results in two
buildings on a single lot and the need for a CUP.
The Planning Commission held a public hearing on the conditional use permit at their April 4, 2013
meeting and recommended unanimous approval. No one other than a MOM Brands representative
testified at the public hearing.
Primary Issues to Consider
What is the overall impact of approval of a CUP for multiple buildings on MOM Brands single lot?
Supporting Information
• Staff analysis of Primary Issues to Consider
• Conditional Use Permit form
• Findings of Fact
• April 4, 2013 Draft Planning Commission meeting minutes
• March 29, 2013 Planning Report
V
David L. Olson, Community and Economic Development Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
Staff Analysis of Primary Issues to Consider
What is the overall impact of the approval of a CUP for multiple buildings on MOM Brands single
lot?
MOM Brands is planning to relocate its corporate headquarters from the IDS Building in Downtown
Minneapolis to Lakeville. The approximate 100 corporate office employees will be located in both
the West and East buildings now owned by MOM Brands. The number of MOM Brands employees
in Lakeville will total 350 after the relocation has been completed later this summer. Approval of
the CUP will allow MOM Brands to develop their site in such a way that employees can easily and
safely go back and forth between their two buildings.
2
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO.
1. Permit Subject to the terms and conditions set forth herein, the City of
Lakeville hereby grants a conditional use permit for MOM Brands to allow multiple
principal buildings on one lot of record in the O -P, Office Park District.
2. Propert y . The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
DESCRIPTION OF PARCEL 1
Lot 1, Block 1, Fairfield Business Campus, according to the recorded plat thereof.
And,
That part of Lot 2, is said Block 1, lying northerly of the following described line:
Commencing at the northwest corner of said Lot 2; thence South 00 degrees 08 minutes
44 seconds West, assumed bearing, along the west line of said Lot 2 a distance of
290.84 feet to the beginning of the line to be described; thence North 87 degrees 49
minutes 18 seconds East a distance of 700.58 feet to the east line of said Lot 2, distant
265.15 feet from the northeast corner of said Lot 2, and said line there terminating.
DESCRIPTION OF PARCEL 2:
That part of Lot 2, in said Block 1, lying southerly of the following described line:
Commencing at the northwest corner of said Lot 2; thence South 00 degrees 08 minutes
44 seconds West, assumed bearing, along the west line of said Lot 2 a distance of
290.84 feet to the beginning of the line to be described; thence North 87 degrees 49
minutes 18 seconds East a distance of 700.58 feet to the east line of said Lot 2, distant
265.15 feet from the northeast corner of said Lot 2, and said line there terminating.
3. Conditions This conditional use permit is issued subject to the following:
A. The site and building must be used according to the plans approved by the
City Council
B. A lot combination request must be submitted and approved by the City and
recorded with Dakota County.
C. A landscape plan must be submitted and approved by the City prior to the
installation of any plant materials.
D. A lighting photometric plan must be submitted and approved by the City prior
to the installation of any ne: ": iight:ng.
E. Grading and drainage plans for the parking lot improvements must be
approved by the City prior to commencement of construction of these
improvements.
F. A parking deferment application must be submitted and approved by the City.
4. Termination of Permit The City may revoke the permit following a public
hearing for violation of the terms of this permit.
5. Lapse If within one year of the issuance of this conditional use permit the use
allowed by this permit has not commenced, this permit shall lapse.
6. Criminal Penalty Violation of the terms of this conditional use permit is a
criminal misdemeanor.
DATED: April 15, 2013
CITY OF LAKEVILLE
Matt Little, Mayor
Charlene Friedges, City Clerk
FA
STATE OF MINNESOTA)
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
2013, by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
3
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
MOM BRANDS CONDITIONAL USE PERMIT
FINDINGS OF FACT
On April 4, 2013, the Lakeville Planning Commission met at its regularly scheduled meeting to
consider a conditional use permit to allow multiple principal buildings on one lot for MOM
Brands, located at 20845 Kenbridge Court and 20802 Kensington Boulevard. 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 currently zoned OP, Office Park District.
2. The subject site is located in Comprehensive Planning District 6, Fairfield Business
Campus /1- 35 /CSAH 70, which guides the property for Office Park uses.
3. Legal description of the property is:
DESCRIPTION OF PARCEL 1:
Lot 1, Block 1, Fairfield Business Campus, according to the recorded plat thereof.
And,
That part of Lot 2, is said Block 1, lying northerly of the following described line:
Commencing at the northwest corner of said Lot 2; thence South 00 degrees 08 minutes
44 seconds West, assumed bearing, along the west line of said Lot 2 a distance of
290.84 feet to the beginning of the line to be described; thence North 87 degrees 49
minutes 18 seconds East a distance of 700.58 feet to the east line of said Lot 2, distant
265.15 feet from the northeast corner of said Lot 2, and said line there terminating.
DESCRIPTION OF PARCEL 2:
That part of Lot 2, in said Block 1, lying southerly of the following described line:
Commencing at the northwest corner of said Lot 2; thence South 00 degrees 08 minutes
44 seconds West, assumed bearing, along the west line of said Lot 2 a distance of
290.84 feet to the beginning of the line to be described; thence North 87 degrees 49
minutes 18 seconds East a distance of 700.58 feet to the east line of said Lot 2, distant
265.15 feet from the northeast corner of said Lot 2, and said line there terminating.
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:
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.
The Comprehensive Land Use Plan guides the subject property to be developed for
Office Park uses. Multiple principal buildings on one lot are allowed as a conditional
use in the OR Office Park District. The current and proposed use of the property by
MOM Brands is consistent with the Comprehensive Land Use Plan.
b. The proposed use is or will be compatible with present and future land uses of the
area.
The proposed conversion of MOM Brand's East Building from a window
manufacturing /warehouse use to the uses being proposed by MOM Brands is
compatible with the adjacent residential and office park uses.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Given compliance with the conditions listed in the March 29, 2013 report prepared by
Community and Economic Development Director David Olson, the proposal by MOM
Brands to have two principal buildings on one lot will meet Zoning Ordinance
performance standards.
d. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The MOM Brands site is served by existing public services that can accommodate the
conversion of the East Building from a manufacturing /warehouse use to an office use.
e. Traffic generated by the proposed use is within capabilities of streets serving the
property.
Access to the property is served by Kensington Boulevard and Kenbridge Court, both
of which have sufficient capacity to accommodate the traffic generated by the MOM
Brands use of the site.
5. The report dated March 29, 2013 prepared by David Olson, Community and Economic
Development Director is incorporated herein.
DATED: April 15, 2013
BY:
CITY OF LAKEVILLE
Matt Little, Mayor
Charlene Friedges, City Clerk
2
N o.
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
April 4, 2013
Vice Chair Boerschel called the meeting to order at 6:00 p.m. in the Council Chambers
at City Hall. The pledge of allegiance to the flag was given.
Members Present: Linda Maguire, Bob Boerschel, Gerry
officio member Shawn Fitzhenry
Members Absent: Chair Brooks Lillehei, Paul
Others Present: Daryl Morey, Planning Director;
Development Director; and Penny Brevig, Record:
3. Approval of the Meeting Minutes
The February 21, 2013 Planning Commiss
resented.
4. Announcements
Mr. Morey stated that--th
:
Commission at toniglht's '
A. Draft mots - the Ap
meeting reg&ffing the
plat.
faF:
Mr i f � fcrey corinentedat,.,
tafi0 °''the Planning omm1s
meeting.:
r r °V: Z
5. MOM Birads Ff
e fo
2013
Olson
Karl Drotning, Ex-
nity & Economic.
minutes were approved as
distributed to the Planning
Recreation and Natural Resources
Fourth Addition preliminary and final
n Swenson has been appointed by the City Council
vacancy and will be sworn in at the April 18, 2013
Vice Chair 8rrersch'I ;opened the public hearing to consider a Conditional Use
Permit to allo*;�principal buildings on a single parcel in the O -P, Office Park
.,.
District, located atR'20802 Kensington Boulevard. The Recording Secretary attested
that the legal notice had been duly published in accordance with State Statutes and
City Code.
Paul Holzhueter, Vice President of Business Development for MOM Brands,
presented a short history of MOM Brands (formerly Malt -O -Meal) since they moved
to Lakeville. He stated that in 2009 they bought and remodeled the old Hearth and
Homes office building and then expanded the building in 2011 and installed a
product test center. In 2012 MOM Brands decided to move their corporate
k i:..'V�ro
Planning Commission Meeting Minutes, April 4, 2013 Page 2
headquarters to Lakeville and have purchased the adjacent former New Morning
Windows building to establish a corporate campus. They intend to combine the two
parcels, which requires approval of a conditional use permit to allow multiple
principal buildings on one parcel of land. He indicated that the City has been very
supportive of their business growth and expansion.
Community & Economic Development Director Dave Olson commented on one
more bit of history with MOM Brands. He indicated that MOM Brands purchased the
north 4Y2 acres of the original New Morning Windows property in 2009. The
Planning Commission and City Council were involved in a,request for modifications
and consents that were granted for the conservation easement that existed across
the north 165 feet on the original New Morning Windows property.
Mr. Olson nrecenterd the planning rennrf ^Ar
for a conditional use permit (CUP) to allow,rr
record as allowed in the O -P, Office Park .Dist
that .propose to develop the two properties tt
campus. Mr. Olson indicated that the propo
with the setback requirements of the original``
requesting a lot combination which, . results in
and their need for a CUP. i ,•._
Mr. Olson showed plans identifying, the cu
development. He reviewed the general pi
P .•r p P P'
in the March 29, 2,013 p(annmg repo rfa iris
circulation. He indicated that Zoning
both the West and East builderigs. The st
the location of the x47 spaces proposed to
building. r Mr. Olson In dicaea"thatO1VI. E
nn st ated K A Br ands has applied
ple principal buildings on one lot of
MOM Brands has,, submitted plans
have acquired into a�rnulti- building
parking lot design does' "not comply
aral e lots and thus MOM Brands is
a .principal buildings on a single lot
gent' and proposed property lines and site
rlormance s #andards for a CUP, as listed
]i ding par'lcir g and pedestrian and vehicle
rdinance requires 546 parking spaces for
plan proposes 499 spaces and identifies
5b deferred on the south side of the East
ands has sufficient property to meet any
Th "Engineering' epart me t reviewed all the civil plans for the parking lot.
MqM= Brands is prop g to add four more rain gardens to assist in the storm water
m anaaernent. .:���,
Mr. Olson sta #ed that Fjrdings of Fact were included in the planning report for review
s P R .
and staff redommq.na approval of the MOM Brands CUP subject to the six
stipulations listed. h`: a March 29, 2013 planning report.
Vice Chair Boerschel opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Maguire, seconded by Drotning to close the public
hearing at 6:23 p.m.
Ayes: Maguire, Boerschel, Grenz, Drotning.
Planning Commission Meeting Minutes, April 4, 2013
Nays: 0
Page 3
Vice Chair Boerschel asked for comments from the Planning Commission.
Discussion points were:
• When asked about semi -truck traffic, Mr. Holzhueter indicated that the test
center is in the West building and there is room for specialty packaging in the
East building. He indicated that there would only be three to five semi - trucks
arriving per week, with mainly UPS and delivery trucks. He indicated that
MOM Brands is much less industrial than New Mornirig Windows was.
• Commissioner Grenz asked about the parking deferment. Mr. Morey stated
the parking deferment will be for the combined lots and will run with the land.
He stated that parking deferments are handled administratively and the new
narkinn riofcrmnnf ielill cl rnorcede the cvistinn one
'./ Iy 4VI VIIIIVIII •111 VLA V-1 J-V LI IV \IAtJL11Jg on
• The Planning Commission agreed ; that repurposmg th+, New Morning
Windows building as an office complex is good and it is consistent with the
Comprehensive Plan and the zoning of the site,
• Vice Chair Boerschel indicated that this is a, great plan, exciting for Lakeville
and congratulated MOM Brands on their,expansion.
Motion was made by Maguire;. seconded by ' Drotning to recommend to City
Council approval of the MOM ' Btands�, Conditional', Use Permit, subject to the
following six stipulations:
1. The site and bu�llding'mus. be used according to the plans approved by the City
Council. "z
2. A lot combination request.. must be submitted and approved by the City and
recorded with Dakota County
3. A landscape ploii ir�Xus be' subrri�tted and approved by the City prior to the
mstallatlor of any plant materials.
4.. A fighting pho #ametn plan must be submitted and approved by the City prior to
the installation i f any nevu'lighting.
5:` grading and drainage plan4,1or the parking lot improvements must be approved
bythe, City prior to commencement of construction of these improvements.
6. A parking defermen #,application must be submitted and approved by the City.
Ayes: Boerschel,.Crenz, Drotning, Maguire.
Nays: 0
6. David McNutt
Vice Chair Boerschel opened the public hearing to consider the preliminary and final
plat of two lots to be known as Shady Oak Grove Fourth Addition, located south of
185 Street (CSAH 60) and west of Ipava Avenue adjacent to Irvine Way. The
Recording Secretary attested that the legal notice had been duly published in
accordance with State Statutes and City Code.
FAR
�r�r.r
.;, 7
Memorandum
To Planning Commission
City of Lakeville
Planning Department
From: David L. Olson, Community and Economic Development Director
Date: March 29, 2013
Subject: Packet Material for the April 4, 2013 Planning Commission Meeting.
Agenda Item: MOM Brands Conditional Use Permit.
Application Action Deadline: May 13, 2013
INTRODUCTION
MOM Brands (formerly known at Malt -O- Meal), has applied for a conditional use permit to
allow multiple principal buildings on one lot of record as allowed in the OP, Office Park
District under Section 11 -75 -7I of the Zoning Ordinance. MOM Brands purchased the
former New Morning Windows property located at 20845 Kenbridge Court (East Building)
in late 2012. This property is adjacent to their existing Technical Center located at 20802
Kensington Blvd. (West Building). Both of these properties are located in the Fairfield
Business Campus.
MOM Brands is in the process of renovating the East Building which includes converting a
portion of the former warehouse and manufacturing space in the building into two story
office space. Once completed, MOM Brands plans to re- locate their corporate
headquarters currently located in the IDS Building in Downtown Minneapolis to Lakeville.
Approximately 100 employees from the corporate headquarters, along with the existing
MOM Brands Lakeville employees will be split between the East and West Buildings and
will result in a total of 350 employees in Lakeville. MOM Brands has submitted plans that
propose to develop the two properties they have acquired into a multi - building "campus."
The proposed parking lot design does not comply with the setback requirements of the
original separate lots and thus MOM Brands is requesting a lot combination which results
in two principal buildings on a single lot and the need for a Conditional Use Permit (CUP).
The following exhibits are attached for your information:
EXHIBITS
A. Zoning and Location Map
B. Aerial Photo
C. As -built Survey
D. Property Line Removal Site Plan
E. Proposed Site Plan
F. Preliminary East Building Elevations
APPLICATION ANALYSIS
Surrounding Land Uses and Zoning
North — Single Family Homes (RS -2)
South — Undeveloped Land (Office Park)
East - Undeveloped Land (Office Park)
West — Office Park Buildings (Office Park)
Conditional Use Permit General Performance Standards
Section 11 -4 -7 of the Zoning Ordinance includes performance standards for evaluating the
conditional use permit request. The request may be granted provided the application
meets the following conditions:
A. The use and the site in question shall be served by a street of sufficient capacity to
accommodate the type and volume of traffic which would be generated and adequate
right of way shall be provided.
The property is located adjacent to and has access to both Kensington Boulevard
and Kenbridge Court which are existing streets which both have adequate right -of-
way and capacity to accommodate the MOM Brands proposed use of the property.
B. The site design for access and parking shall minimize internal as well as external traffic
conflicts and shall be in compliance with chapter 19 of the Zoning Ordinance.
The applicant is proposing to complete expansion of the parking areas north of the
West building that was previously approved by the City. In addition, the applicant
has redesigned and will be reconstructing the parking areas in front of and to the
north of the East Building to achieve a more efficient layout.
C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate
provisions made to protect such areas from encroachment by parked or moving
vehicles.
The applicant is proposing to eliminate a current north -south parking lot drive aisle
between the two buildings to provide improved pedestrian connections between the
buildings.
2
D. Adequate off street parking and off street loading shall be provided in compliance with
chapters 19 and 20 of the Zoning Ordinance.
The calculated Zoning Ordinance parking requirements for both the West and East
buildings calls for 546 spaces to be provided. The proposed site plan submitted by
MOM Brands proposes to develop 499 spaces. The proposed site plan also
identifies the location of the 47 spaces proposed to be deferred on the south side of
the East Building. The MOM Brands site now comprises approximately 22 acres
which provides sufficient area to meet any future parking needs.
E. Loading areas and drive -up facilities shall be positioned so as to minimize internal site
access problems and maneuvering conflicts, to avoid visual or noise impacts on any
"adjacent" residential use or district, and provided in compliance with chapter 20 of this
title.
The applicant is proposing that all truck deliveries access the MOM Brands site from
the easterly driveway access off the Kenbridge Court cul -de -sac. Trucks deliveries
will be routed around the south side of the East Building to access the loading dock
areas to that building. Deliveries to the West Building will routed around the east
and north side of the East Building to the docks located on the east side of the
West Building. The long range plan is to eliminate the loading docks on the West
Building and only have truck loading docks at the East Building. The truck turning
movements to both buildings have been verified and the existing loading dock areas
for both buildings are adequately screened from the residential neighborhood to the
north.
F. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer
area with screening and landscaping shall be provided in compliance with chapter 21 of
the Zoning Ordinance.
The applicant previously installed a significant landscape buffer along the north
boundary of the lot for the West Building in conjunction with recent parking lot
improvements for that building. The landscape buffer extends along a significant
berm adjacent to the 145 parking stalls to be constructed north of the East
Building, which enhanced the existing tree stand located along the north MOM
Brands property line.
G. General site screening and landscaping shall be provided in compliance with chapter 21
of this title.
Staff approval of a detailed landscape plan for the MOM Brands site is a
recommended condition of the CUP.
41
H. All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right of way or neighboring residential uses or districts, and shall be in
compliance with section 11 -16 -17 of the Zoning Ordinance.
Staff approval of a photometric lighting plan for any new parking lot lighting is a
recommended condition of the CUP.
I. Potential exterior noise generated by the use shall be identified and mitigation
measures as may be necessary shall be imposed to ensure compliance with section 11-
16-25 of this title.
All uses are proposed to be within the building. No activities outside of the building
are proposed.
J. The site drainage system shall be subject to the review and approval of the city
engineer.
Civil plans for site drainage improvements have been submitted and are currently
being reviewed by City Engineering staff. City staff approval of these plans will be
a recommended condition of the CUP.
K. The architectural appearance and functional design of the building and site shall not be
so dissimilar to the existing or potential buildings and area so as to cause a blighting
influence. All sides of the principal and accessory structures are to have essentially the
same or coordinated, harmonious exterior finish materials and treatment.
The applicant is proposing to install a significant number of new windows in the
East Building along with re -doing the stucco finish of the building to match the color
of the West Building.
L. Provisions shall be made for daily litter control, an interior location for recycling, and
trash handling and storage or an outdoor, enclosed receptacle area shall be provided in
compliance with section 11 -18 -11 of the Zoning Ordinance.
All trash receptacles are required to be enclosed in a structure and screened from
view.
M. All signs and informational or visual communication devices shall be in compliance with
chapter 23 of the Zoning Ordinance.
No additional signage other than small directional signage is being proposed.
N. The use and site shall be in compliance with any federal, state or county law or
regulation that is applicable and any related permits shall be obtained and documented
to the city.
rd
This condition is not applicable to the proposed use.
0. Any applicable business licenses mandated by this code are approved and obtained.
This condition is not applicable to the proposed use.
P. The hours of operation may be restricted when there is judged to be an incompatibility
with a residential use or district.
This condition is not applicable to the proposed use.
Q. The use complies with all applicable performance standards of the zoning district in
which it is located and where applicable, any nonconformities shall be eliminated.
The proposed improvements comply with the performance standards of the OP
District, including the four conditions listed in Section 11- 75 -7I, as well as the
restrictive covenants of the Fairfield Business Campus as originally established by
the City of Lakeville. There are no nonconformities to be eliminated.
RECOMMENDATION
Community and Economic Development Department and Planning Department staff
recommends approval of the MOM Brands conditional use permit subject to the following
stipulations:
1. The site and building must be used according to the plans approved by the City
Council.
2. A lot combination request must be submitted and approved by the City and recorded
with Dakota County.
3. A landscape plan must be submitted and approved by the City prior to the
installation of any plant materials.
4. A lighting photometric plan must be submitted and approved by the City prior to the
installation of any new lighting.
5. Grading and drainage plans for the parking lot improvements must be approved by
the City prior to commencement of construction of these improvements.
6. A parking deferment application must be submitted and approved by the City.
Findings of fact for approval of this conditional use permit request are attached.
5
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legal document and should not be substituted for a We search appraisal, survey, or for zoning i Inch = 287 feet
verification. Dakota County assumes no legal nasponsibllity for the Information contained in this data. 3/18/2013
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