HomeMy WebLinkAbout08/03/2016•••
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City of Apple
VaIiey
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
AUGUST 3, 2016
PLANNING COMMISSION TENTATIVE AGENDA
7:00 P.M.
This agenda is subject to change by deletion or addition to items until approved by the Planning
Commission on the date of the meeting.
1. CALL TO ORDER
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES OF JULY 20, 2016
4. CONSENT ITEMS
--NONE--
5. PUBLIC HEARINGS
A. Valley Oaks Dental — Public hearing to consider a rezoning from "GB" (General Business) to
"RB" (Retail Business), subdivision by preliminary plat, and site plan review/building permit
authorization to allow for construction of a 4,300 sq. ft. dental office. (PC16-26-ZSFB)
LOCATION: Southeast corner of Granada Drive and 146th Street West
PETITIONER: Primus Companies, Inc.
6. LAND USE/ACTION ITEMS
A. Aldi Grocery Store Sign Variance — Consider a variance to allow a south facing building sign
directly across the street from residentially zoned property. (PC16-29-V)
LOCATION: 7589 153rd Street West
PETITIONER: Aldi
7. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
8. ADJOURNMENT
NEXT PLANNING COMMISSION MEETINGS
Wednesday, August 17, 2016
Regular Scheduled Meeting
- Public hearing applications due by 9:00 a.m. on Wednesday, July 20, 2016
- Site plan, variance applications due by 9:00 a.m. on Monday, August 8, 2016
Wednesday, September 7, 2016
Regular Scheduled Meeting
- Public hearing applications due by 9:00 a.m. on Wednesday, August 10, 2016
- Site plan, variance applications due by 9:00 a.m. on Monday, August 29, 2016
NEXT CITY COUNCIL MEETINGS
Thursday, August 11, 2016
Informal
Regular Scheduled Meeting
Thursday, August 25, 2016
Regular Scheduled Meeting
7:00 P.M.
7:00 P.M.
5:30 P.M.
7:00 P.M.
7:00 P.M.
Regular meetings are broadcast live on Charter Communications Cable, Channel 180. Agendas are
also available on the City's Internet Web Site http://www.cityofapplevalley.org.
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
JULY 20, 2016
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Vice -Chair Burke
at 7:01 p.m.
Members Present: Ken Alwin, Tim Burke, Keith Diekmann, Angela Polozun, Paul Scanlan and
David Schindler.
Members Absent: Tom Melander
Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist,
Planner Kathy Bodmer, Civil Engineer Aaron Kellas and Department Assistant Joan
Murphy.
2. APPROVAL OF AGENDA
Vice -Chair Burke asked if there were any changes to the agenda. Hearing none he called for a
motion.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, approving the
agenda. Ayes - 6 - Nays - 0.
3. APPROVAL OF MINUTES JULY 6, 2016
Vice -Chair Burke asked if there were any changes to the minutes. Hearing none he called for a
motion.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, approving the
minutes of the meeting of July 6, 2016. Ayes - 5 - Nays - 0. Abstain - 1 (Schindler)
4. CONSENT ITEMS
Community Development Director Bruce Nordquist introduced Civil Engineer Aaron Kellas.
A. Pennock Center Revised Site Plan — Consider revised site plan for 5,400 sq. ft. building
for coffee and non-food retail. (PC16-21-VB)
LOCATION: 7668 150th Street West
PETITIONER: Java Capital Partner 7668 150th Street LLC.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending
approval of the revised site plan dated June 20, 2016, for a 5,400 sq. ft. building
containing a Class III restaurant with drive-thru lane and non-food retail or small
office, subject to compliance with all City Codes and the following conditions:
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
July 20, 2016
Page 2 of 4
a. A nursery bid list shall be submitted at time of application of the building permit
that confirms the value of the landscape plantings meet or exceed 2-1/2% of the
value of construction of the building based on Means Construction Data.
b. The owner shall execute a License to Encroach Agreement with the City to
construct four parking stalls and the drive aisle within the City easement.
c. The owner shall execute a maintenance agreement for the long-term
maintenance of the retention area.
d. No sign approvals are given at this time. A separate sign permit must be
obtained prior to the installation of any signs on the site. The signs shown on the
site plan do not meet the sign requirements and must be revised at the time of
application of the building permit.
e. The petitioner shall revise the plans at time of building permit application to
address the City Engineer's memo of June 10, 2016.
f. The petitioner shall revise the plans at time of building permit application to
match the June 20, 2016, Revised Site Plan.
Ayes - 6 - Nays — 0
5. PUBLIC HEARINGS
--NONE--
6. LAND USE/ACTION ITEMS
A. Temporary Health Care Dwellings Ordinance —Consider adopting an ordinance to opt -
out of the state law requiring that cities allow temporary health care dwellings as a use in
residential zoning districts. (PC16-20-O)
LOCATION: Citywide
PETITIONER: City of Apple Valley
Planner Kathy Bodmer stated a Minnesota State law was recently enacted that requires cities to
allow homeowners to obtain a permit to place a mobile residential dwelling structure on their
property to serve as a "temporary health care dwelling." A temporary health care dwelling is a small
(less than 300 sq. ft.) portable dwelling unit that can be placed in the yard or driveway of a single
family residential lot to provide short-term care for an ailing relative. The new law has a provision
that allows cities to opt -out of the temporary home health care permitting requirement. If an opt -out
ordinance is not enacted prior to the law's effective date of September 1, 2016, a city would be
required to allow the structures through a permitting process until such time as the opt -out
ordinance is in effect.
Staff is sensitive to the desire to provide temporary care housing for family members, but believes
there are other options available that do not require placing a temporary structure on the driveway
or rear yard for an extended period of time. The following is a list of issues staff has identified
concerning Temporary Health Care Dwellings:
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
July 20, 2016
Page 3 of 4
• Temporary health care dwellings are large structures that could be imposing on
neighborhoods when placed either on a driveway or in the rear yard.
• This is an untested type of dwelling unit in Minnesota. Very few units are actually in use in
Minnesota at this time.
• The permitting process may require the City to collect data that is private under the
healthcare privacy laws.
• This State law would supersede City zoning authority.
• Temporary services would be connected to primary home with temporary, above -ground
electrical cord and hose.
• The temporary dwelling's septic system would require regular pumping. Access to the rear of
the yard behind the primary home to pump could be an issue.
• There are other options available to families.
• Many provisions of the zoning code are in conflict with these types of units: minimum home
width, connection to City services, placed on a permanent foundation, and the fact that the
units would be classified as a type of recreational vehicle.
City Council's preference is to opt out of the State Law provisions, but to explore ways to assist
families to care for ailing family members including expanding the provisions of the Accessory
Unit Dwelling (AUD) ordinance.
She reviewed the comments presented at the public hearing on July 6, 2016.
Discussion followed.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan,
recommending approval of the draft ordinance "opting -out" of application of the
requirements of Laws 2016, Chapter 111, section 3, codified at Minn. Stat. §
426.3593. Ayes - 6 - Nays — 0
7. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next Planning Commission
meeting would take place on August 3, 2016, at 7:00 p.m.
8. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Vice -Chair Burke
asked for a motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the
meeting at 7:31 p.m. Ayes - 6 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
July 20, 2016
Page 4 of 4
Respectfully Submitted,
J Murphy, Planning
epart t Assistant
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
sm.
city of AApple11
Vaney
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
5A
August 3, 2016
Public Hearing
PROJECT NAME:
Valley Oaks Dental
PROJECT DESCRIPTION
Rezoning from "GB" (General Business) to "RB" (Retail Business), subdivision by Preliminary
Plat and Site Plan Review/Building Permit Authorization for construction of a 4,300 sq. ft. dental
office building on the southeast corner of Granada Drive and 146th Street W.
STAFF CONTACT:
Kathy Bodmer, Planner
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
Wichmann Properties, Roopnarine and Annie
Boodoo, and JJAM Properties
PROJECT NUMBER:
PC 16-26-ZSFB
APPLICATION DATE:
60 DAYS:
120 DAYS:
July 6, 2016
September 23, 2016
November 23, 2016
Proposed Action
• Open public hearing, receive comments, close public hearing.
It is the policy of the Planning Commission to not take action on an item on the same night as
its public hearing.
Project Summary/Issues
The petitioner wishes to construct a dental office on the southeast corner of Granada Drive and
146th Street W. The property is currently vacant and located within a "GB" (General Business)
zoning district. The petitioner seeks a rezoning of the property to "RB" (Retail Business) to allow
construction of the dental office.
When the property was surveyed for submission of the land use application, it was discovered that
the property to the east, formerly the Southport Auto Body property, has a driveway that
encroaches onto the subject property. To address the encroachment, the petitioner agreed to assist
the neighboring property owner by shifting the common lot line west approximately 10'. This will
allow the neighbor to maintain the driveway leading to the back of his building. It also ensures
that the neighbor's driveway will meet the minimum setback of five feet from the side property
line.
The site plan shows that the dental office building will be oriented so that the main entrance is on
the south side of the site. The rear and side of the building face the adjacent public streets while
the front of the building faces the Cabinet Store property to the south.
This area of the downtown has no sidewalks presently, but staff has observed pedestrian activity in
the area. The 147th Street METRO Red Line Station is located two blocks from the subject parcel.
Sidewalks are required in new developments, and are especially critical in this area to begin to
create a transit -supportive neighborhood. Sidewalks are needed along both street frontages.
Internal sidewalk connections are also needed from the street sidewalks to the building.
city of Apple.
'Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
5A
August 3, 2016
Public Hearing
PROJECT NAME:
Valley Oaks Dental
PROJECT DESCRIPTION
Rezoning from "GB" (General Business) to "RB" (Retail Business), subdivision by Preliminary Plat
and Site Plan Review/Building Permit Authorization for construction of a 4,300 sq. ft. dental office
building on the southeast corner of Granada Drive and 146th Street W.
STAFF CONTACT:
Kathy Bodmer, Planner
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
Wichmann Properties, Roopnarine and Annie
Boodoo, and JJAM Properties
PROJECT NUMBER:
PC16-26-ZSFB
APPLICATION DATE:
60 DAYS:
120 DAYS:
July 6, 2016
September 23, 2016
November 23, 2016
Proposed Action
• Open public hearing, receive comments, close public hearing. It is the policy of the Planning Commission
to not take action on an item on the same night as its public hearing
• However, the project's outstanding issues are fairly minor and could be addressed through conditions. If
all of the questions posed at the hearing can be addressed to the satisfaction of the Planning Commission,
it may be ready to make a recommendation for the project tonight. If so, staff recommends the following
motions with conditions:
1. Recommend approval of a rezoning of the property to be preliminary platted as Lot 1, Block 1,
Valley Oaks from "GB" (General Business) to "RB" (Retail Business).
2. Recommend approval of the subdivision by preliminary plat of Valley Oaks subject to the
following conditions:
a. A six foot (6') wide sidewalk shall be installed where each lot abuts a public street in accordance
with the City's engineering standards.
b. Sidewalks shall be installed from the perimeter sidewalks to the building on Lot 1, Block 1,
Valley Oaks (as preliminary platted) to provide pedestrian access from 146th Street West and
Granada Drive to the building.
c. A cash -in -lieu of land park dedication shall be dedicated for Lot 1, Block 1, Valley Oak (as
preliminary platted) in accordance with § 153.29.
3. Recommend approval of the site plan and give building permit authorization for a 4,300 sq. ft.
dental office on Lot 1, Block 1, Valley Oaks (as preliminary platted), subject to the following
conditions:
a. Approval of the site plan/building permit is subject to approval of the rezoning and subdivision of
the property.
b. The infiltration basin shall be revised in accordance with the City Engineer's memo of July 28,
2016.
c. The owner shall execute a storm water infiltration basin installation and maintenance agreement.
d. The plans shall be revised to address the City Engineer's July 28, 2016, memo.
e. A nursery bid list shall be submitted at the time of application of the building permit that
confirms that the value of the landscape plantings, not including sod or hardscape, meets or
exceeds 2-1/2% of the value of the construction of the building based on Means Construction
Data.
f. The trash enclosure shall be constructed of the same material as the exterior of the building.
Budget Impact
N/A
Attachment(s)
1. City Engineer's Memo (7-28-16)
2. Building Official's Memo (7-28-16)
3. Location Map
4. Comp Plan Map
5. Zoning Map
6. Oblique Aerial Photo
7. Title Sheet
8. Cert. of Survey/Existing Conditions
9. Preliminary Plat
10. Site and Utility Plan
11. Grading & Drainage Plan
12. Tree Preservation
13. Erosion Control
14. Landscape Plan
15. Elevations
16. Roof Plan
17. Dumpster Enclosure Plan
18. Floor Plan
VALLEY OAKS DENTAL
PROJECT REVIEW
Existing
Conditions
Property Location:
Southeast corner of Granada Drive and 146th Street West
Legal Description:
Parcel A: Lots 1 and 2, Block 3, VALLEY COMMERCIAL PARK 2ND ADDITION, Dakota
County, Minnesota, according to the recorded plat thereof.
Parcel B. Lot 1, Block 1, NORTHRUP CONKLIN ADDITION, Dakota County, Minnesota,
according to the recorded plat thereof.
Comprehensive Plan
Designation
"C" (Commercial)
Zoning
Classification
"GB" (General Business)
Existing Platting
Three existing lots of record. Lots 1 and 2, Block 3, Valley Commercial Park 2nd Addition are
combined as a single tax identification number.
Current Land Use
Parcel A is vacant. Parcel B contains a warehouse.
Size:
Existing
Parcel A: 47,708.59 sq. ft. (1.095 acres)
Parcel B: 33,927.06 sq. ft. (0.779 acres)
Proposed
Parcel A: 45,761.64 sq. ft. (1.051 acres)
Parcel B: 35,874.01 sq. ft. (0.824 acres)
Topography:
Mostly flat.
Existing Vegetation
Volunteer trees including boxelder, elm and poplar, grasses in keeping with undisturbed site.
Other Significant
Natural Features
NA
Adjacent
Properties/Land
Uses
NORTH
Apple Valley Rental (Lot 4, Block 4, Valley Commercial Park 2nd)
Comprehensive Plan
C -Commercial
Zoning/Land Use
GB -General Business
SOUTH
The Cabinet Store (Lot 1, Block 3, Valley Commercial Park 1st)
Comprehensive Plan
C -Commercial
Zoning/Land Use
RB -Retail Business
EAST
Former Southport Auto (Lot 1, Block 1 Northrup Conklin Addition) and
Valley Car Wash (Lot 2, Block 1, Northrup Conklin Addition)
Comprehensive Plan
C -Commercial
Zoning/Land Use
GB -General Business
WEST
Pennock Enterprises —Vacant (Lot 2, Block 1 Wakefield Addition) and South
Metro Animal Care — Vacant (Lot 4, Block 1 Valley Commercial Park 4th
Addition
Comprehensive Plan
C -Commercial
Zoning/Land Use
RB -Retail Business
Development
Project Review
Comprehensive Plan: The property is currently guided in the Comprehensive Plan for "C" (Commercial) uses. A
dental office is consistent with the comprehensive plan designation.
Zoning: The property is currently zoned "GB" (General Business) which is a heavier commercial use that usually
serves industrial or other commercial uses. A medical office use like a dental office is expressly prohibited in the GB
zone. Therefore, the petitioner seeks a rezoning of the property from "GB" (General Business) to "RB" (Retail
Business) so that a dental office can be built on the site. RB zoned property abuts the property on the south and west.
GB zoned property is located north and east of the subject property. The property located northeast of the subject
property across Granada Drive and 146th Street is zoned "LB" (Limited Business).
Preliminary Plat: When the property was surveyed in preparation for this development proposal, it was discovered
that the driveway of the property to the east encroaches onto the subject property. In order to resolve the
encroachment issue, the petitioner decided to subdivide his parcel to shift the common lot line to the west so that the
neighboring property can keep the driveway to the rear of the building. At the same time, the subdivision will
consolidate two parcels of record that are currently combined as a single tax identification number.
Site Plan: The dental office is shown taking access from both Granada Drive and 146th Street W. The primary
entrance to the building is to the south, away from the street frontage. Twenty-nine (29) parking spaces are required;
30 spaces are shown on the site. Sidewalk access is shown from the parking lot to the building, but no sidewalks are
shown connecting the building to the adjacent street network.
Grading Plan: There are no unique topographical features related to this site; it's mostly flat. An infiltration basin
is shown on the northwest part of the site. Specific comments are provided in the City Engineer's July 29, 2016,
memo regarding the construction of the infiltration basin. A staging and temporary parking plan will be required in
connection with the construction of the building.
Municipal Utilities: Utilities are shown to be located on the north side of the site along 146th Street W. The City
Engineer has no outstanding issues at this time.
Landscape Plan: The value of the landscape plantings, not including sod or hardscape, must be a minimum of 2-
1/2% of the value of the construction of the building, based on Means Construction Data. Irrigation and permanent
structures such as planters and water fountains can be counted towards the landscape budget.
The petitioners are reviewing their plans in light of the City's landscaping requirements.
Significant trees are located on the site, but many of them are volunteer elm, boxelder and poplar trees. The tree
mitigation plan shows saving some of the trees, but the City's Natural Resources Coordinator says that the long-term
survival of the existing trees is not good. She recommends that the petitioner remove the trees and replace them with
healthy nursery stock. Removing the volunteer trees will also help to protect the building.
Elevation Drawings: The building is proposed to have an exterior of stone veneer and vinyl shakes. The pitched
roof is constructed with laminated shingles and accented with exposed wood beams. The windows are identified as
aluminum storefront windows.
Street Classifications/Accesses/Circulation:
• Granada Drive — local access commercial street.
• 146th Street West — local access commercial street.
Pedestrian Access: Sidewalks are shown connecting the parking lot and the building. However, no sidewalks are
shown connecting the building with the neighboring street network. No sidewalks are installed within this area of the
City, but the site is within two blocks of the 147th Street Red Line Transit Station. Similar to the redevelopment of
the former Paul's 76 site, as opportunities arise through redevelopment, the City will require the installation of
sidewalk.
Public Safety Issues: None identified.
Recreation Issues: A cash -in -lieu of land park dedication will be required in connection with the new development.
Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance of a permit. A
separate sign permit must be obtained prior to the installation of any signs on the site or the building.
Public Hearing Comments: To be taken.
CITY OF Apple11
Valley
MEMO
Public Works
TO: Kathy Bodmer, Planner
FROM: Brandon S. Anderson, City Engineer
DATE: July 28, 2016
SUBJECT: Preliminary Plan Review — Valley Oaks Dental
Kathy,
The following are comments regarding the Valley Oaks Dental project.
General
1. All work and infrastructure within public easements or right of way shall be to City
standards.
2. No trees will be permitted in public easements.
3. No construction work shall begin prior to a preconstruction meeting conference with a
Public works and a Building Inspections representative.
4. Public Work Department (952-953-2400) shall be notified a minimum of 48 hours for
any required water main shut downs and/or connections.
5. City of Apple Valley Water Department shall operate all valves on public owned mains
and valves connecting private lines to public owned mains.
6. A Staging and temporary parking plan will be required to be submitted prior to building
permit authorization.
Permits
7. Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution
Control Agency, Met Council, Department of Labor and any other required permits prior to
construction.
8. A right of way permit will be required for all work within public easements or right of
way.
9. A Natural Resource Management Permit (NRMP) will be required prior to any land
disturbing activity commences.
Site
1. Proposed sign location may not be directly over water and sanitary sewer services or
within the area needed to access water and sanitary sewer services in the future.
2. Only one Rock Construction Entrance and construction access is recommended.
Grading, Drainage and Erosion Control
3. The infiltration basin cannot be used as a temporary sediment basin during construction.
Temporary sediment basins (TSBs) are not required for areas of disturbance less than 10
acres in size (the site is just over 1 acre).
4. The infiltration basin needs to be constructed last; rigorous protections need to be put in
place to prevent compaction of the area during construction and clogging once graded.
5. The infiltration basin needs to be relocated outside of drainage and utility easements.
6. The emergency over -flows (EOF) for all catch basins and the infiltration basin need to be
identified on the plans. FF elevation needs to be 1.0' above EOF.
Landcape and Natural Resources
7. The applicant needs to ensure that the basin drains within 2 days when completed. If the
basin does not drain within the required timeline, the applicant will have to make
corrections until it does.
8. The planting density seems light for establishment by plugs. Additionally, care needs to be
taken that the plants do not get drowned out before reaching maturity.
9. Vegetation establishment does not end with installation of plugs and mulch within the
infiltration basin. The property owner should plan on at least a year of watering and
weeding following the year of installation for a quality garden effect.
10. It is commendable that the planting palate uses all native plants; however, some care should
be used in plant placement. Several of the plants will not tolerate regular inundation of
water to 1.5' (Purple Coneflower 6", Black Eyed Susan 6", Prairie Smoke 3", Golden
Alexanders 1'). Also, the property owner should be aware that native Cardinal Flower and
Black-eyed Susan are biennials, which means the property owner is relying on them
reseeding themselves to remain in the garden.
11. A majority of the trees to be saved during construction are not desirable species (boxelder,
Siberian elm) and may be removed in favor of more diverse species. There is one desirable
elm on site. Any additional replanting shall be in a different family to maintain diversity.
12. The City has experienced severe Japanese Beetle infestations for the past two years. It is
recommended to try a more resistant to Japanese Beetle Linden tree, such as the Sentry
Linden instead of the Boulevard Linden.
City of Apple11
Valley
MEMO
Building Inspections
TO: Kathy Bodmer, City Planner
FROM: George Dorn, Building Official
DATE: July 28, 2016
SUBJECT: Valley Oaks Dental Office.
• Separate sign permits are required.
• The Building crosses a property line; therefor the property must be re -platted as one parcel.
• SAC determination is required from Met Council prior to permit issuance from the city.
• Geotechnical report boring log and Special Inspector Agreement is required prior to permit
and soil corrections on site.
• The City of Apple Valley has adopted Minnesota Rules Chapter 1306 Special Fire
Protection Systems. The building will require a fire sprinkler system. There should be an
area for a sprinkler riser room.
• Barriers shall be installed for the protection of pedestrians around the perimeter of the
property during construction.
• The code requires public restrooms. The plans only depicted a private bathroom and a
patient restroom. Restrooms will be required to comply with the 2015 MSBC Chapter 29.
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
August 3, 2016
Land Use/Action Items
PROJECT NAME:
Aldi — Grocery Store Sign Variance
PROJECT DESCRIPTION
Aldi, 7589 153rd Street W, is requesting a variance for a south facing building sign. Aldi is currently
remodeling 22,000 square feet of the south portion of Burlington Coat Factory Building. The sign
code prohibits signs on sides of a building where the side of the building faces an adjacent public
street which abuts residentially zoned property. This request is to allow a building sign on the south
face of the building that faces an adjacent public street which abuts residentially zoned property.
STAFF CONTACT:
Ben Pierson, Code Compliance Specialist
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
Aldi, Inc. — Andrew Mack
PROJECT NUMBER:
PC 16-29-V
APPLICATION DATE:
60 DAYS:
120 DAYS:
July 20, 2016
September 18, 2016
November 17, 2016
Proposed Action
Staff recommends that the variance for the Aldi building sign to be approved based upon the following:
Practical Difficulties:
o The primary entrance and signage to the store is on the east side of the building and without a
south facing building sign traffic approaching from the west on 153rd might arguably miss the
entrance drive.
o Adjacent uses on both sides of the location already have south facing signage.
o The residentially zoned parcel to the south is zoned for residential uses, but is a storm water
pond. The property is guided for "Inst" Institutional uses, but zoned M -6C (multiple family
residential, 6-12 units/acre).
o Residential uses to the south have no north facing windows.
o Residential uses to the south have significant vegetative screening that serves as a buffer
between the proposed sign mitigating impacts to the residential use.
o The sign would have an additional role in public service by directing customers to the store
in a safe and efficient manner.
o The requested variance confers no special privilege to the property.
o The sign will not negatively impact adjacent properties or deter future development of
vacant lands.
And in accordance with the following conditions:
Conditions:
o The sign shall be identical to the main primary business sign.
o Signs are subject to City Ordinance Sections 154.06(A) & (I) regarding lighting and
maintenance of the signs.
o The sign shall be installed in accordance with the site and elevation plans dated May 4,
2016.
o A separate electrical permit shall be obtained.
Project Summary/Issues
Aldi, located at 7589 153rd Street W, requests a variance for a south facing building sign. Aldi is
currently remodeling 22,000 square feet of the south portion of Burlington Coat Factory Building.
A sign on the south face is needed to provide direction to approaching traffic from the west. Traffic
intended for the location that misses the entrance drive would not have another opportunity to enter
the sight without traveling around the block and through several intersections.
To provide reasonable flexibility in the sign regulations, the Council may approve a variance for a
sign otherwise not permitted by these regulations where an exception would not be inconsistent
with the intent of the sign regulations. No variance shall be granted unless the Council shall find
that either condition (a) or (b) hereinafter set forth exists:
(1) All of the following requirements must be met:
(a) Special conditions exist which are peculiar to the land, structure, building involved and
which are not applicable to other lands, structures or buildings in the same district;
(b) The special conditions and circumstances do not result from the actions of the applicant;
(c) A literal interpretation of the provisions of these regulations would deprive the applicant
of rights commonly enjoyed by other properties in the same district and the terms of
these sign regulations;
(d) That granting the variance requested would not confer on the applicant any special
privilege for a use not common to other lands, structures or buildings in the same
district; and
(e) The proposed use of the property shall have an appearance that will not have an adverse
effect upon adjacent properties and there will be no deterrence to development of vacant
land.
(2) Any proposed signage beyond the maximum square footage permitted would have the primary
function of providing a public service.
The unique situation of the site under consideration leads to a number of practical difficulties. The
property to the south is not a residential use, but a storm water pond. It is guided for Institutional Use
in the 2030 Comprehensive Plan, but zoned M -6C (Multiple Family Residential, 6-12 units/acre).
Impacts to the townhomes south of the storm water pond should be minimal because there is an
existing vegetative screening and no windows on the north side of the townhomes. The building sign
is needed to direct guests to the appropriate entrance driveway off of 153rd Street W. Guests to the
site approaching from the west on 153rd that miss the entrance driveway west of Cedar Avenue
would not have another opportunity to enter the site without circumnavigating the entire block and
multiple intersections as there is no entrance to the site for northbound traffic on Cedar Avenue.
Budget Impact
None.
Attachment(s)
Attachments:
1. Applicant Letter
2. Location Map
3. Site Plan
4. Site Plan Detail
5. Elevation Drawings
6. Details
Aldi - Grocery Store Sign Variance
PROJECT REVIEW
Existing
Conditions
Property Location:
7589 153rd Street W
Legal Description:
APPLE VALLEY SQUARE 4TH ADDITION LOT 2 BLOCK 1
Comprehensive Plan
Designation
C - Commercial
Zoning
Classification
RB — Retail Business
Existing Platting
Platted Lot
Current Land Use
RB — Retail Business
Size:
6.94 Acres
Topography:
Existing Vegetation
Developed parcel.
Other Significant
Natural Features
Landscaping
Adjacent
Properties/Land
Uses
NORTH
Former Rainbow Site
Comprehensive Plan
C - Commercial
Zoning/Land Use
RB — Retail Business
SOUTH
City of Apple Valley — Storm Water Pond
Comprehensive Plan
Ins - Institutional
Zoning/Land Use
M-6 (6-12 units/acre)
EAST
Arby's
Comprehensive Plan
C -Commercial
Zoning/Land Use
RB Retail Business
WEST
Health Partners MedicallDental Clinic
Comprehensive Plan
C -Commercial
Zoning/Land Use
RB Retail Business
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