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HomeMy WebLinkAboutItem 06.f Date: August 6, 2018 Item No.________ BKI HAMBURG PARTNERS PROPERTY REZONING Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) an ordinance rezoning property to I-2 General Industrial and adopt the findings of fact. Overview The City recently conveyed 1.15 acres of City-owned land to BKI Hamburg Partners LLC who now owns the former Arden Kitchens property located at 21150 Hamburg Avenue that is now leased and operated by Buddy’s Kitchen. The property is zoned P/OS, Public and Open Space. This is the zoning classification typically assigned to City and other public owned properties in Lakeville. This zoning classification does not allow manufacturing related uses. As a result, the City has initiated a rezoning of the 1.15 acres of land recently conveyed to Buddy’s Kitchen from P/OS, Public and Open Space to I-2 General Industrial and if approved, will result in all BKI owned property being zoned I-2. The Planning Commission held a public hearing at its July 19, 2018 regular meeting. There were no public comments during the public hearing. The Planning Commission unanimously recommended approval of the rezoning. Primary Issue to Consider Is the proposed rezoning consistent with the zoning of adjacent properties and the Comprehensive Plan? This rezoning will be consistent with adjacent privately owned properties zoning and land use plan designations. Supporting Information • Rezoning Ordinance • Findings of Fact • July 19, 2018 Planning Commission meeting minutes • July 19, 2018 Planning report Financial Impact: $ n/a Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: David L. Olson, Community and Economic Development Director CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. _____ AN ORDINANCE REZONING PROPERTY FROM P/OS, PUBLIC OPEN SPACE DISTRICT TO I -2 GENERAL INDUSTRIAL DISTRICT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Legal Description. The following described property located within the City of Lakeville, Dakota County, Minnesota is hereby rezoned from P/OS Public Open Space District to I-2 General Industrial District: That part of Lot 2, Block 1, Arden Kitchens Addition, according to the recorded plat thereof, Dakota County, Minnesota which lies northerly of the following described line: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 00 degrees 31 minutes 47 seconds West, along the east line of said Lot 2 a distance of 237.87 feet to the point of beginning of the line to be described; thence North 68 degrees 02 minutes 38 seconds West a distance of 168.13 feet; thence West a distance of 100.50 feet to the west line of said Lot 2 and said line there terminating. Section 2. Zoning Map. The zoning map of the City of Lakeville, adopted by Section 11-45-5 of the City Code, shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the zoning map on file in the Zoning Administrator’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Adopted by the Lakeville City Council this 6th day of August, 2018. CITY OF LAKEVILLE BY: ________________________________ Colleen J. Ratzlaff LaBeau, Acting Mayor ATTEST: ___________________________ Charlene Friedges, City Clerk 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA BKI HAMBURG PARTNERS LLC ZONING MAP AMENDMENT FINDINGS OF FACT AND DECISION On July 19, 2018, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the request of the City of Lakeville for a Zoning Map amendment to rezone property from P/OS, Public and Open Space District to I-2, General Industrial District. The Planning Commission conducted a public hearing on the Zoning Map amendment request preceded by published and mailed notice. Lakeville staff was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The subject property is in Comprehensive Planning District 8, Airlake Industrial Park, which guides the property for Restricted Development. The subject property is designated as Industrial on the draft 2040 Comp. Plan Land Use Map. 2. The subject site is currently zoned P/OS, Public and Open Space District and is proposed to be rezoned to I-2, General Industrial District. 3. Legal description of the property is: That part of Lot 2, Block 1, Arden Kitchens Addition, according to the recorded plat thereof, Dakota County, Minnesota which lies northerly of the following described line: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 00 degrees 31 minutes 47 seconds West, along the east line of said Lot 2 a distance of 237.87 feet to the point of beginning of the line to be described; thence North 68 degrees 02 minutes 38 seconds West a distance of 168.13 feet; thence West a distance of 100.50 feet to the west line of said Lot 2 and said line there terminating. 4. Chapter 3 of the City of Lakeville Zoning Ordinance provides that a Zoning Map amendment 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 rezoning to I-2, General Industrial District is consistent with the provisions of the draft 2040 Comprehensive Plan. 2 b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed rezoning to I-2, General Industrial District and the future expansion of Buddy’s Kitchen will be compatible with the existing and future industrial uses in the area. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The future expansion of Buddy’s Kitchen must comply with Zoning Ordinance and City Code requirements. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: Existing public sewer and water utilities serve the existing Buddy’s Kitchen use and are adequate to accommodate the future expansion of Buddy’s Kitchen. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The traffic that will be generated by the future expansion of Buddy’s Kitchen onto the subject property can be accommodated by minor collector Hamburg Avenue, which serves the property. 5. The report dated July 19, 2018 prepared by Community and Economic Development Director David L. Olson is incorporated herein. DECISION The City Council approve the conditional use permit in the form attached thereto. DATED: August 6, 2018 LAKEVILLE CITY COUNCIL BY: _________________________ Colleen J. Ratzlaff LeBeau, Acting Mayor BY: _________________________ Charlene Friedges, City Clerk City of Lakeville Community and Economic Development Department Memorandum To : Planning Commission From: David L. Olson, Community and Economic Development Director Date: July 19, 2018 Subject: Packet Material for the July 19, 2018 Planning Commission Meeting Agenda Item: BKI Hamburg Partners LLC Zoning Map Amendment ___________________________________________________________________________ INTRODUCTION For the past six months, City Engineering and Environmental Resources staff, along with staff from the Vermillion River Watershed Joint Powers Organization, have been in discussions with BKI Hamburg Partners LLC (dba as Buddy’s Kitchen), the new owner of the former Arden Kitchen’s property regarding a possible land swap. On June 28th the City conveyed 1.15 acres of developable land adjacent to Hamburg Avenue to BKI. In exchange, BKI, conveyed 6.54 acres of land it owned adjacent to South Creek to the City. The majority of this land is currently in a drainage and utility easement and is also considered floodplain or wetlands and is not developable. The proposed land exchange will allow Buddy’s Kitchen to complete additional plant expansions (currently estimated at $12-15 Million), which has the possibility of adding approximately 300 new jobs to the company over the next two years after the expansion/renovation is complete. The City obtained ownership of an environmentally sensitive area adjacent to South Creek, a DNR designated Trout Stream and in partnership with the Vermillion River Watershed Management Organization, could pursue grant funds from the State of Minnesota to complete stream restoration and improve water quality. This land exchange benefits Buddy’s Kitchen, the City and the Vermillion River Watershed. EXHIBITS The following exhibits are attached for your reference: A. Location Aerial Photo 2 B. Current and Proposed Zoning Map C. Street View Image Surrounding Land Uses and Zoning North – Manufacturing Use (I-2 – General Industrial) South – Vacant City-owned wetland and floodplain (P/OS – Public and Open Space) East – Parking and Undeveloped Open Space (I-2 – General Industrial) West – Hamburg Avenue and Industrial Use (I-2- General Industrial) PLANNING ANALYSIS Rezoning. As stated, one of the primary purposes of this recent land exchange was to provide Buddy’s Kitchen with additional land to allow for expansion of their existing manufacturing facility. The 1.15 acres of City-owned land that was recently conveyed to BKI is zoned P/OS, Public and Open Space and was the location of a former sewage treatment facility for the Village of Lakeville. This is the zoning classification typically assigned to City and other public owned properties in Lakeville. This zoning classification does not allow manufacturing related uses. As a result, the City has initiated a rezoning of the 1.15 acres of land recently conveyed to Buddy’s Kitchen from P/OS, Public and Open Space to I-2 General Industrial and if approved, will result in all BKI owned property being zoned I-2. Zoning Lot Requirements. The City approved Administrative Subdivisions of the BKI and City properties which were both platted lots to complete the land exchange. The 1.15 acres of City-owned land that is subject of the rezoning amendment, was combined with the remaining BKI parcel to create a new 10.76 acre parcel. RECOMMENDATION Community and Economic Development and Planning Department staff recommend approval of the BKI Zoning Map amendment subject to the following stipulations: 1. That the 1.15 acre parcel proposed for rezoning to I-2 remain a portion of the original BKI parcel and the combined parcels be considered one zoning lot and also be combined as one tax parcel with Dakota County. 2. That the 2040 Comprehensive Plan be revised to designate the 1.15 acres being rezoned to I-2 as Industrial on the Land Use Plan Map. Findings of fact are attached.