HomeMy WebLinkAboutItem 10
Date: Item No.
PETSMART PUD AMENDMENT
Proposed Action
Staff recommends adoption of the following motion: Move to deny an amendment to the Spirit Place at
Brandtjen Farm PUD for increased PetSmart wall signage and adopt the findings of fact dated February 6,
2017.
Overview
HJ Development representatives are requesting approval of an amendment to the Spirit Place at Brandtjen
Farm PUD development stage plans to allow an increase in the number and size of wall signs allowed for
the PetSmart retail building currently under construction on the south side of 160th Street (CSAH 46),
west of Elmhurst Lane, and north of the Hy-Vee grocery store. HJ Development, on PetSmart’s behalf, is
requesting approval to install wall signs on three sides of the building, with each wall sign proposed to be
147 square feet in size. The stated reason for the request is to employ PetSmart’s prototype signage to
conform to its brand recognition program. The Spirit Place PUD, which is subject to the C-3 District sign
requirements, allows wall signs on two sides of the building, the north and south sides, with a maximum
size of 100 square feet per sign.
In conjunction with the Spirit Place plat and development stage PUD plans, which were approved by the
City Council on August 1, 2016, PetSmart submitted building elevation drawings showing wall signs on
three sides of the building, with each wall sign proposed to be 129 square feet in size. The Planning
Commission did not support the increased wall signage and their recommendation to the City Council
included a stipulation that the wall signs must comply with Zoning Ordinance requirements. The City
Council concurred and their approval of the Spirit Place plat and development stage PUD plans included
the Planning Commission’s stipulations.
The Planning Commission held a public hearing on the PetSmart PUD amendment at their January 19,
2017 meeting. There was no public comment. The Planning Commission’s motion to approve the PUD
amendment failed on a unanimous 6-0 vote.
Primary Issues to Consider
• Why are the Planning Commission and City staff recommending denial of this PUD amendment?
Supporting Information
• Staff response to Primary Issues to Consider
• Findings of Fact
• January 19, 2017 draft Planning Commission meeting minutes
• January 12, 2017 planning report
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: Daryl Morey, Planning Director
February 6, 2017
Zoning Ordinance, SBF PUD
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Primary Issues to Consider
• Why are the Planning Commission and City staff recommending denial of this PUD amendment?
The total area of the three wall signs proposed by PetSmart is 441 square feet. The Zoning Ordinance
allows a total area of 200 square feet for the 18,000 square foot PetSmart building, so the request is for
almost 2½ times the area of wall signage allowed by ordinance. By comparison, the Hy-Vee grocery
store located south of PetSmart has a total of 444 square feet of wall signage on their 93,000 square
foot building. The wall signage for the Hy-Vee building, which is over five times the size of the
PetSmart building, complies with Zoning Ordinance requirements that include increased wall signage
allowances for single occupancy buildings greater than 45,000 square feet in size.
The Zoning Ordinance provisions for signs in the C-3 District are intended to balance the need for
business identification with community preferences regarding traffic safety and aesthetics. The
Zoning Ordinance allows additional wall signs for big box, single occupancy commercial buildings
because they typically have secondary uses, such as a coffee shop or pharmacy as is the case with
Hy-Vee. In addition, the C-3 District standardizes the sign provisions for all commercial uses to
avoid requests to use PUD districts to vary from the requirements of the Zoning Ordinance. The
PetSmart site and building are not unique from other commercial developments in the city that are
subject to the C-3 District sign requirements.
The findings of fact prepared by the City Attorney include the above and other factors as reasons for
denial of this PUD amendment request.
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
Application to Amend
PUD Development Stage Plan
FINDINGS OF FACT AND DECISION
Lakeville Ps 2016, LLC,
Lot 1, Block 1, Spirit Place at Brandtjen Farm
On January 19, 2017, the Lakeville Planning Commission held a duly noticed public
hearing on Applicant’s request to amend the PUD Development Stage Plan to allow wall signs
greater than 100 square feet in area on three sides of the Petsmart commercial building located at
Lot 1, Block, 1, Spirit Place at Brandtjen Farm (“Subject Property”) south of 160th Street (CSAH
46) and west of Elmhurst Lane. A motion to recommend approval to the City Council failed on
a 0-5 vote following review by the Planning Commission.
On February 6, 2017, the Lakeville City Council met at a regular meeting to consider an
application to amend the PUD Development Stage Plan for the Subject Property. The City
Council now makes the following Findings of Fact and Decision:
FINDINGS OF FACT
1. The Subject Property was rezoned PUD, Planned Unit Development District, in 2005, as
approved by the City Council for Spirit of Brandtjen Farm (“SBF”) Planned Unit Development.
2. The City Council approved a PUD Development Stage Plan for the Subject Property on
August 1, 2016, for an 18,000 square foot building for PetSmart, a retail store specializing in pet
related products and services.
3. During consideration of the PUD Development Stage Plan, the Applicant requested
consideration of allowing a wall sign on a third wall of the building and an increase in the
allowed number and area of individual wall signs. Wall signs were proposed to be 129.6 square
foot in area. City Staff did not support the request for additional signage and sign area increase
as part of the SBF PUD District. The Planning Commission recommended and the City Council
approved the PUD Development Stage Plan with a condition that the signs comply with the
requirements for C-3 Districts.
4. The SBF PUD District and PUD Development Stage Plan for the Subject Property provide for
signs as allowed for uses within the C-3 District. City Code Section 11-23-19.E.1.b establishes
wall sign allowances for single occupancy commercial uses within the C-3 District as follows:
191100v3
• Buildings < 45,000 square feet:
o One Sign is allowed on one wall facing a public street for interior lots, or one
sign may be installed on two walls facing a public street for corner lots.
o Maximum area of any wall sign is 100 square feet.
• Buildings > 45,000 square feet:
o One sign is allowed on one wall facing a public street for interior lots, ore one
sign may be installed on two walls facing a public street for corner lots.
o Maximum area of one wall sign is 440 square feet; an additional wall sign for
a second wall facing a public street is allowed a maximum area of 200 square
feet.
o Secondary wall signs up to 144 square feet with maximum area of 72 square
feet for any one sign are allowed on one wall facing a public street or the
elevation that is primary building entry.
5. The proposed PUD amendment would allow for 147 square foot wall signs to be installed on
the south (front), north (rear), and East (side) elevations of the principal building. This
amendment would exceed both the number and area limits for wall signs established by the SBF
PUD District. The total area of the three proposed signs to be installed is 441 square feet. The
applicant states that the amendment is necessary for the signs to comply with the company’s
prototype signage and brand recognition program.
6. The 441 square feet of total wall signage being requesting by the Applicant for their 18,000
square foot building is almost equal to the neighboring grocery store’s 444 square feet of wall
signage on their 93,000 square foot building.
7. The sign allowances for the C-3 District balance the need for business identification with
community preferences regarding traffic safety and aesthetics. The Zoning Ordinance has
additional wall sign allowances for buildings greater than 45,000 square feet in size due to the
potential secondary uses in buildings that size and to address the scale of the building in relation
to the size of the wall signs.
8. Applicant has not identified any site conditions, enhanced building elements, or location
factors which support their request.
9. The Subject Property is not unique from other commercial developments within the City that
are subject to C-3 District requirements.
10. The proposed amendment does not comply with the provisions of the SBF PUD District and
is not consistent with the intent of the Zoning Ordinance as applied to similar uses throughout the
City.
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DECISION
Lakeville Ps 2016, LLC’s application to amend the PUD Development Stage Plan for Lot 1,
Block, 1, Spirit Place at Brandtjen Farm is denied.
Dated: February 6, 2017.
CITY OF LAKEVILLE
BY: ______________________________________
Douglas P. Anderson, Mayor
ATTEST:
__________________________________
Charlene Friedges, City Clerk
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 12 January 2017
RE: Lakeville - Spirit Place/Petsmart; PUD amendment (signs)
TPC FILE: 135.01
BACKGROUND
Lakeville Ps 2016, LLC has submitted an application to amend the PUD Development Stage Plan
for Lot 1, Block 1, Spirit Place at Brandtjen Farm. The application is to allow wall signs on three
sides of the principal building, increase the area of the wall signs, and add ancillary signs to
comply with Petsmart’s prototype brand recognition program. The City Council approved a
PUD Development State Plan for the subject site on 1 August 2016 for an 18,000 square foot
building for Petsmart, a retail store specializing in pet related products and services. The
subject site is zoned PUD, Planned Unit Development District as approved by the City Council
for Spirit of Brandtjen Farm (SBF) on 20 June 2005.
Exhibits:
Site location
Sign Plan (7 pages)
ANALYSIS
SBF PUD District. The SBF Land Use Plan and PUD District govern the subject site for mixed use
development based on the uses allowed in the O-R District and C-3 District. An amendment to
the SBF PUD Booklet was approved in 2010 to allow for development of big box retail users
within this area of SBF, which is consistent with the approved 18,000 square foot retail building.
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Sign Allowances. The SBF PUD District and PUD Development Stage Plan for Spirit Place of
Brandtjen Farm provides for signs as allowed for uses within the C-3 District. Section 11-23-
19.E.1.b of the Zoning District establishes wall sign allowances for single occupancy commercial
uses within the C-3 District as follows:
Buildings < 45,000 square feet:
o One sign is allowed on one wall facing a public street for interior lots, or one
sign may be installed on two walls facing a public street for corner lots.
o Maximum area of any wall sign is 100 square feet.
Buildings > 45,000 square feet:
o One sign is allowed on one wall facing a public street for interior lots, or one
sign may be installed on two walls facing a public street for corner lots.
o Maximum area of one wall sign is 440 square feet; an additional wall sign for a
second wall facing a public street is allowed a maximum area of 200 square feet.
o Secondary wall signs up to 144 square feet with maximum area of 72 square
feet for any one sign are allowed on one wall facing a public street or the
elevation that is the primary building entry.
Petsmart Signs. During consideration of the Petsmart PUD Development Stage Plan, the
applicant requested consideration of allowing a wall sign on a third wall of their building and an
increase in the allowed number and area of individual wall signs. City staff did not support the
request for additional signage as part of the PUD District. The Planning Commission
recommended and the City Council approved the PUD Development Stage Plan with a condition
that the signs comply with the Zoning Ordinance requirements for C-3 District uses.
Petsmart has subsequently submitted plans for a PUD Development Stage Plan amendment to
allow a 147 square foot wall sign to be installed on the south (front), north (rear), and east
(side) elevations of the principal building exceeding both the number and area limits for wall
signs established by the PUD District. The total area of the three proposed signs to be installed
on the 18,000 square foot Petsmart building is 441 square feet, which as much as the 444
square feet of wall signs that are installed on the 92,810 square foot Hy-Vee building. Petsmart
states that the amendment is necessary for the signs to comply with the company’s prototype
signage and brand recognition program.
City staff brought the application to the attention of the Planning Commission at their work
session on 5 January 2016 to review updates to the Zoning Ordinance to discuss whether
consideration should be given to amendment of the Zoning Ordinance for sign regulations
applicable to all uses within the C-3 District (as well as C-2 and C-CBD Districts) to allow the
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signs proposed by Petsmart. The Planning Commission did not support amendment of the
Zoning Ordinance to allow for an increase in the area or number of wall signs within the C-2, C-
3, and C-CBD District.
PUD Amendment. The PUD District for SBF was established for the purposes outlined in
Section 11-96-1 of the Zoning Ordinance. In allowing for flexibility from the strict application of
performance standards established by the Zoning Ordinance, such flexibility is only to be
approved when consistent with the intent of the underlying performance standards. The sign
allowances for uses within the C-3 District balance the need for business identification with
community preferences regarding traffic safety and aesthetics. The sign provisions for uses
45,000 square feet or more were developed based on a review of signs allowed within PUD
Districts for large box retail uses, such as grocery stores, that in addition to their core business
include secondary uses such as a pharmacy or coffee shop, to standardize sign provisions for all
uses and avoid using PUD Districts for variation. The Petsmart site and building are not unique
from other commercial developments within the City that are subject to C-3 District
requirements. Furthermore, the applicant does not identify site conditions, enhanced building
elements, or location factors as the rationale for their request; the application is based solely
on the business recognition program of Petsmart.
CONCLUSION
City staff does not support amendment of the PUD Development Stage Plan to allow for the
three wall signs or increased area of the individual signs. The proposed signage does not
comply with the provisions of the SBF PUD District and is not consistent with the intent of the
Zoning Ordinance as applied to similar uses under similar circumstances.
c. Justin Miller, City Administrator
Andrea Poehler, City Attorney
EXHIBIT B