HomeMy WebLinkAbout09-18-24 Agenda Packet
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
September 18, 2024
PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A
7:00 P M
1.Call to Order
2.Approve Agenda
3.Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A.Approve Minutes of August 21, 2024 Regular Meeting
4.Public Hearings
A.Zoning Ordinance Amendment - Cannabis Business Ordinance
C onsider a text amendment to the zoning ordinance regarding cannabis
businesses.
LO C AT IO N: C itywide
PET IT IO N ER: C ity of Apple Valley
5.Land Use / Action Items
A.Orchard Place Apartments C omprehensive Plan Amendment - PC24-11-P
C onsider request to amend the C omprehensive Plan Designation of 5.62-
acre property on northwest corner of 157th Street West and English
Avenue from "C" (Commercial) to "HD" (High Density Residential, 12+
units/acre).
LO C AT IO N: Northwest corner of 157th Street West and English Ave
(Outlot D, Orchard Place 2nd Addition)
PET IT IO N ER: Trident Development, LLC; and Rockport, LLC .
6.Other Business
A.Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, October 2, 2024 - 7:00 p.m.
Planning Commission - Wednesday, October 16, 2024 - 7:00 p.m.
C ity Council - T hursday, September 26, 2024 - 7:00 p.m.
C ity Council - T hursday, October 10, 2024 - 7:00 p.m.
7.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able C hannel
180 and on the C ity's website at www.applevalleymn.gov
I T E M: 3.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :September 18, 2024
S E C T I O N:Consent A genda
Description:
A pprove Minutes of A ugust 21, 2024 Regular Meeting
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve minutes of the regular meeting of August 21, 2024.
S UM M ARY:
T he minutes of the regular Planning Commission meeting is attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
August 21, 2024
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz
at 7:00 p.m.
Members Present: Jodi Kurtz, Paul Scanlan, Becky Sandahl, Phil Mahowald, Jeff
Prewitt, and Douglas Hlas
Member(s) Absent: David Schindler
City staff members attending: Community Development Director Tim Benetti, Assistant City
Engineer Evan Acosta, Public Works Director Matt Saam, Natural
Resources Coordinator Samantha Berger, City Planner Kathy
Bodmer, Planner/Economic Development Specialist Alex Sharpe,
Associate Planner Sydnee Stroeing, City Attorney Sharon Hills,
and Department Assistant Breanna Vincent.
2. APPROVAL OF AGENDA
Chair Kurtz asked if there were any changes to the agenda. – None.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl,
approving the agenda. Roll call vote: Ayes - 6 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of August 7, 2024
B. Cannabis Ordinance – Set Public Hearing
MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl,
approving the minutes of August 7, 2024 and setting the public hearing for a
cannabis ordinance. Roll call vote: Ayes - 6 – Nays – 0.
4. PUBLIC HEARING
A. Orchard Place Apartments Comprehensive Plan Amendment
Chair Kurtz opened the public hearing.
Planner Bodmer gave a brief presentation.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 21, 2024
Page 2 of 5
Commissioner Scanlan asked if the developer has plans for the remaining properties.
Commissioner Scanlan shared concerns that more residential would be proposed on the
other properties. He also asked how the City is doing in meeting Met Council
requirements.
Planner Bodmer stated that the area was zoned for Retail Business – Commercial with
big box retail in mind. Over time that has changed to mid box retail and the developer has
stated that the market is soft. The two parcels north of this one are set up for Mixed
Business with an emphasis on jobs. The property directly to the north is still being
marketed as Commercial. The City has goals set forth in the Comprehensive Plan and
more residential is a goal.
Commissioner Prewitt asked what level of interest the City has received for this land with
regards to its intended use.
Planner Bodmer stated that the City has not been involved as it is privately owned land.
The broker has stated that interest has been weak since coming out of Covid.
Commissioner Sandahl asked if there would be impacts to current retail users
surrounding the area if this were to become a residential area.
Planner Bodmer stated that staff could provide more analysis at the next meeting, but the
tire center and car wash would be a buffer between the proposed residential area and the
outdoor dining spaces which should help.
Chair Kurtz asked if the City Engineer has done any traffic studies.
Planner Bodmer stated that a preliminary study has been done and is included in the staff
report.
Assistant City Engineer Acosta stated that the proposed use is roughly 6,300 less trips per
day than the current guided commercial use. The sanitary sewer services is adequate as
well.
Commissioner Mahowald stated that having less trips in the area could negatively impact
the surrounding retail as the traffic counts drive business. Commissioner Mahowald
asked if the purple areas to the north of the site on the Comprehensive Plan were the
Mixed Business area.
Planner Bodmer stated that is correct.
Commissioner Mahowald asked for clarification on what the Mixed Business campus
would entail.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 21, 2024
Page 3 of 5
Planner Bodmer stated that the 2040 Comprehensive Plan is oriented more towards jobs,
offices and light industrial with less housing.
Commissioner Mahowald opined that this parcel may not be the best fit for residential.
Petitioners Chris Moe (HJ Development) and Roger Fink (Trident Development) were
present for questions.
Commissioner Sandahl asked if they had concerns about the two parcels to the north of
this site being developed.
Mr. Moe stated he believed that this proposed project would help the other two parcels to
be developed.
Commissioner Hlas asked if putting a residential area on this lot would be deterrent to
commercial users who may want to move into the northern lot.
Mr. Moe stated that in his experience, retailers like being near residential areas as they
have a built-in customer base.
Commissioner Scanlan requested that the petitioner bring some ideas and concepts for the
site at the next meeting.
Commissioner Hlas asked if the proposed trail on the north end of the property will be
park property or the developer’s property.
Mr. Fink stated that the intention is to construct the trail connecting to English Avenue at
the developer’s expense and then dedicate that land to the City.
Commissioner Scanlan asked if staff could provide information on commercial vacancies
throughout the City.
Resident Andrea Steffan (15572 Everglade Ave), shared that she is in favor of the
trailhead addition. Ms. Steffan stated that there is noise and light pollution from the car
wash. She said she would like there to be architectural considerations to all sides of the
building if approved. Ms. Steffan asked if there would be any impacts to schools in the
area with adding more residential. She shared that a 4-story building may be an eyesore
to the area. Ms. Steffan expressed desire for adding a gas station to the area.
Planner Bodmer stated that staff would have answers to her comments at the next
meeting but that in regard to the architectural considerations, the City Code states that the
building must have four-sided architecture.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 21, 2024
Page 4 of 5
Resident Brandon Irish (5884 156th St. W.), shared concern for more pedestrian traffic on
the sidewalk and any potential crime increases that could impact the development west of
the site.
With no further comments, Chair Kurtz closed the public hearing.
B. Ordinance Amending Stormwater Management Requirements
Chair Kurtz opened the public hearing.
Public Works Director Saam gave a brief presentation.
With no comments, Chair Kurtz closed the public hearing. It is the policy of the Planning
Commission to not act on an item on the night of its public hearing, however if there are
no outstanding questions from the public or Planning Commission, a motion can be
made.
MOTION: Commissioner Scanlan moved, seconded by Chair Kurtz, to recommend approval
of an ordinance amending Section 155.350 concerning stormwater management
requirements. Roll call vote: Ayes – 6 – Nays – 0.
5. LAND USE
None
6. OTHER BUSINESS
A. Zoning Ordinance Amendment – Cannabis Business Ordinance
CD Director Benetti stated that background information regarding the proposed Cannabis
Business Ordinance is included in the staff report to prepare the Commission prior to the
public hearing on September 18th.
B. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, September 4, 2024,
7:00 p.m. The next City Council meeting is Thursday, August 22, 2024, 7:00 p.m.
CD Director Benetti shared that this was City Planner Kathy Bodmer’s final Planning
Commission meeting before her retirement on September 6th.
7. ADJOURNMENT
Chair Kurtz asked for a motion to adjourn.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 21, 2024
Page 5 of 5
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to adjourn
the meeting at 8:09 p.m. Roll call vote: Ayes – 6 – Nays – 0.
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 09/18/2024 . Jodi Kurtz, Chair
I T E M: 4.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :September 18, 2024
S E C T I O N:P ublic Hearings
Description:
Zoning Ordinance A mendment - Cannabis Business Ordinance
S taff Contact:
A lex Sharpe, A I C P, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
It is the policy of the Planning C ommission to not take action on an item the evening of the
public hearing. The C ommission is asked to open the public hearing, receive comments,
and close the public hearing.
S UM M ARY:
T he Planning C ommission has been previously provided background materials and a brief
history of the legislative actions taken by the State of Minnesota. T hese materials were
provided to allow the C ommission additional time to review and formulate questions for the
public hearing.
Staff and the C ity Attorney's office have been developing a draft ordinance based on policy
direction from the City C ouncil. T his policy direction and the information previously
provided to the C ommission are contained either in the background section of this report, or
as attachments to ensure the public has access to all information previously provided.
T he draft ordinance is attached for the C ommission and the public to provide comments and
direction to staff. T hat said, the C ity's regulations are limited by the state to the time, place,
and manner of sales. T his means the C ity may not be more prohibitive than the State of
Minnesota statutes. For example, the City may not prohibit cannabis sales, cities are required
to allow one dispensary per 12,500 residents.
Draft Ordinance Summary
A high-level summary of major points of the draft ordinance is below:
License C aps
A cap on the number of retail sales locations has been set to the statutory minimum, which is
5 locations.
T he C ity is not required to place a cap on the number of locations. T he City C ouncil
provided policy direction to initially limit the total number and potentially evaluate
increasing the number at a later date.
T he cap only applies to retail sale locations of higher potency cannabis products. T he
statute does not allow for a cap total number of other cannabis-based businesses such
as manufacturers or cultivators.
T he cap does not apply to the lower dose hemp-based products. Statute does not allow
a city to cap the number of locations where this product is sold.
Buffers from Sensitive Uses and B etween Retail Sale Locations
T he draft ordinance requires a buffer between cannabis retail sales and sensitive uses. T he
City Council provided direction to require the maximum buffer permitted by statute, these
are:
1,000 feet from schools
500 feet from daycares
500 feet from residential treatment facilities
500 feet from parks
A map displaying these buffers is included as an attachment to this report. Buffers from
properties that did not intersect a potential retail location were removed from the map to
make it more legible. For example, a buffer from a park that is more than 500' from any retail
sale location is not included. T he map demonstrates that the buffers do not prohibit a
cannabis retailer from locating within the C ity.
Statute also allows for buffers between cannabis retail locations. T he City C ouncil directed
staff and the Planning Commission to study whether a 500 or 1,000 foot buffers to ensure
they would not effectively prohibit a retail location. Staff has evaluated both buffer types by
buffering from potential cannabis sale locations and found that neither buffer distance
effectively prohibits a retail sale. T he Planning C ommission may consider the following
points when providing a recommendation:
What are the benefits and negatives to buffering between locations?
What is the goal of a buffer between locations?
- Does a 500 or 1,000 foot buffer better achieve this goal?
Does adding a buffer between retail sale locations prevent clustering of locations? If so,
what are the benefits or negatives?
Zoning Districts
Staff has compiled a table which is attached to this report with the different zoning districts
where all types of cannabis uses are proposed. T his table is also incorporated into the draft
ordinance. T he draft allows the retail sales of cannabis (subject to buffers) where other
general retail sales are permitted. T his is consistent with state statute. Other uses, such as
cannabis product manufacturing are treated similarly to other general manufacturing within
the ordinance.
T he C ommission may note a change to the table from a version previously distributed. In the
prior version, most cannabis businesses in the Industrial and Business Park zones were listed
as a C UP (C onditional Use Permit). Upon review with the C ity Attorney, staff has amended
these to be a permitted use rather than a C UP. T hese cannabis businesses are similar to other
permitted uses, such as manufacturing of a product, breweries, etc. T he C ity Attorney also
opined that if the City were to require a conditional use permit for cannabis businesses,
performance standards must be adopted as well. C onditional uses are also generally
permitted and cannot be denied by the C ity unless they do not meet the adopted performance
standards.
B AC K G RO UND:
In 2023, the Minnesota Legislature passed a bill legalizing adult use of cannabis and cannabis
businesses, part of this bill also created T he Office of C annabis Management (O C M). O C M
was created to regulate and oversee the cannabis industry in Minnesota.
At the August 8, 2024, C ity C ouncil informal meeting, staff introduced the background and
groundwork for a local cannabis ordinance.
As noted in the staff memo to Council, most cities have waited for O C M to provide a
draft/model ordinance and a guide for local governments which were released in mid-J une
2024. T his guide is on version four since the initial release to reflect new legislation in 2024.
If members of the public or the Commission would like to view the updated version, it can be
provided by staff upon request.
If the C ity seeks to adopt regulations for the cannabis industry within the C ity, a cannabis
ordinance must be adopted and published by J anuary 1, 2025. As this is when the
moratorium will expire and O C M will begin issuing preliminary licenses. A tentative
schedule was presented to the C ity C ouncil to meet the J anuary 1 deadline. T he City
Council must act on the ordinance no later than December 12, 2024 to allow adequate time to
publish as required by State statute.
T he Planning C ommission is asked to review this memo and the materials provided. T he
draft ordinance for zoning related regulations will be presented for the public hearing
scheduled at the September 18, 2024 Planning Commission meeting.
At the August 8th informal council meeting, the C ity C ouncil provided staff and the
Commission with direction on three guiding policy questions, which are the following:
1. Should the number of retail cannabis businesses be capped? If so, how should licenses
be determined?
Council Direction: Yes, limit to 5, the statutory minimum.
2. Should the City implement buffers as outlined in the State Statutes?
Council Direction: Yes, at the maximum buff ers as allowed by statute, see the
attached draf t map. C ouncil also directed staf f to evaluate buf f ers between retail
sales locations. This will be presented to the Commission on September 18th.
3. Which zoning districts should be considered for each type of use?
Council Direction: See the draft land use table attached.
See the attached matrix for all cannabis businesses proposed zoning districts as supported by
Council. T he zoning districts noted in the table also apply to Planned Developments as their
underlying zoning district regulations still apply to similar uses.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Ordinance
Exhibit
Map
L etter
1
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 155 OF THE CITY CODE TO ADD SECTION 155.320 REGULATING
CANNABIS BUSINESSES, HEMP BUSINESSES, AND CANNABIS EVENTS
The City Council of Apple Valley ordains:
Section 1. Chapter 155 of the Apple Valley City Code is hereby amended by adding
Section 155.320 to read as follows:
CANNABIS BUSINESSES, HEMP BUSINESSES, AND TEMPORARY CANNABIS
EVENTS
§ 155.320 CANNABIS BUSINESSES, HEMP BUSINESSES, AND TEMPORARY
EVENTS.
(A) Purpose. The purpose of this section is to regulate the time, place, and manner of
the operation of cannabis businesses, hemp businesses, and temporary cannabis events as
authorized by Minnesota Statutes, Chapter 342. The regulations set forth in this section further
and promote the city’s interests relative its purposes for zoning regulations as set forth in Section
155.001 and to ensure compatibility of surrounding land uses.
(B) The definitions of words and phrases contained in Minn. Stat. § 342.01 and the
Rules promulgated by the Office of Cannabis Management shall apply to this section unless
defined differently herein. The following words and phrases shall have the meanings stated:
CANNABIS CULTIVATION and CULTIVATE CANNABIS. Growing cannabis plants
from seed or immature plant to mature plant, harvesting cannabis flower from mature plant,
packaging and labeling immature plants and seedlings and cannabis flower for sale to other
cannabis businesses, transporting cannabis flower to a cannabis manufacturer located on the same
premises, and performing other actions approved by the Office of Cannabis Management.
CANNABIS CULTIVATOR. A business that cultivates cannabis and packages cannabis
for sale to another cannabis business.
CANNABIS DELIVERY SERVICE. A business that purchases cannabis flower, cannabis
products, and hemp products from cannabis retailers or cannabis businesses with a retail
endorsement for the purpose of transport and delivery to customers.
CANNABIS EVENT ORGANIZER. A person or entity who organizes or operates
temporary cannabis events.
2
CANNABIS MANUFACTURER. A business manufacturing and/or packaging cannabis
products and hemp products for sale to a cannabis retailer.
CANNABIS MEZZOBUSINESS. A business that may cultivate cannabis and
manufacture cannabis products and hemp products and package such products for sale to
customers or another licensed business, and that may operate up to three retail locations with a
retail operations endorsement.
CANNABIS MICROBUSINESS. A business that may cultivate cannabis and
manufacture cannabis products and hemp products and package such products for sale to
customers or another licensed business, and that may operate a single retail location with a retail
operations endorsement.
CANNABIS RETAIL BUSINESS. A business that is licensed or required to be licensed
by the State of Minnesota as a cannabis retailer, cannabis mezzobusiness with retail operations
endorsement, cannabis microbusiness with retail operations endorsement, or medical cannabis
combination business operating a retail location.
CANNABIS RETAILER. A business that sells immature cannabis plants and seedlings,
cannabis flower, cannabis products, hemp products, and other products authorized by law to
customers and patients, excluding a cannabis microbusiness with a retail operations endorsement
and cannabis mezzobusiness with a retail operations endorsement.
CANNABIS TESTING FACILITY. A business that obtains and tests immature cannabis
plants and seedlings, cannabis flower, cannabis products, and hemp products.
CANNABIS TRANSPORTER. A business that transports immature cannabis plants and
seedlings, cannabis flower, cannabis products, and hemp products to licensed cannabis businesses.
CANNABIS WHOLESALER. A business that purchases and/or sells immature cannabis
plants and seedlings, cannabis flower, cannabis products, and hemp products from another licensed
cannabis business, and/or imports hemp-derived consumer products and lower-potency hemp
edibles.
HEMP RETAIL BUSINESS. A business that is licensed or required to be licensed by the
State of Minnesota as a lower-potency hemp edible retailer.
LOWER-POTENCY HEMP EDIBLE MANUFACTURER. A business that
manufacturers and packages lower-potency help edibles for consumer sale, and/or sells hemp
concentrate and lower-potency hemp edibles to other cannabis businesses and hemp businesses.
LOWER-POTENCY HEMP EDIBLE RETAILER. A business that sells lower-potency
hemp edibles to customers.
MEDICAL CANNABIS COMBINATION BUSINESS. A business that cultivates
cannabis and manufactures cannabis and hemp products, and packages such products for sale to
3
customers, patients, or other licensed cannabis businesses, and may operate one retail location per
congressional district.
MEDICAL CANNABIS CULTIVATOR. A business that cultivates cannabis and
packages cannabis for sale to another medical cannabis business to sell as medical cannabis flower
or process into medical cannabinoid products.
MEDICAL CANNABIS PROCESSOR. A business manufacturing and/or packaging
medical cannabinoid products and hemp concentrate for sale to medical cannabis retailers.
MEDICAL CANNABIS RETAILER. A business that sells medical cannabis flower and
medical cannabinoid products to persons authorized by law to receive those products.
TEMPORARY CANNABIS EVENT. An event lasting no more than 4 days at which
cannabis products, cannabis flower, lower-potency hemp edibles, and hemp-derived consumer
products may be sold and consumed and for which the organizer has a cannabis event organizer
license issued by the Office of Cannabis Management.
(C) Zoning. The operation of a cannabis business, a hemp business, and a temporary
cannabis event, as the terms are defined herein, shall be limited to property zoned for commercial,
industrial, and agricultural uses as specifically set forth below for each type of cannabis business
and hemp business:
Guiding Commercial Industrial PD
Zoning District NCC LB GB RB SC VB BP I-1 I-2 PD AG
Business Type
Cannabis Retailer P P P P
PD-
R
Cannabis Microbusiness P* P* P*
Cannabis Mezzobusiness P* P* P*
Cannabis Cultivator (Indoor only) P P P
Cannabis Cultivator (Outdoor) P P P P
Cannabis Manufacturer P P P
Cannabis Wholesaler P P P
Cannabis Transporter P P P
Cannabis Testing Facility P P P
Cannabis Event Organizer Temporary
Event P P P P
Cannabis Delivery Service P P P P P* P* P*
Medical Cannabis Cultivator P P P
P
(Outdoor)
Medical Cannabis Processor P P P
4
Medical Cannabis Retailer P P P P
PD-
R
Medical Cannabis Combination
Business
P* P* P*
Lower-potency Hemp Edible
Manufacturer
P* P* P*
Lower-potency Hemp Edible Retailer P P P P P P PD-
R
* Retail sale of its cultivated cannabis or manufactured cannabis products is a permitted accessory
use, provided the business has retail operation endorsement under its state license and shall be
subject to the accessory retail sales regulations for the applicable zoning district regulations as set
forth elsewhere in this Chapter.
Notes: “P” means Permitted; and “PD-R” means Permitted in Planned Development districts (or
zones therein) that permit freestanding or multi-tenant retail building stores and shops.
(D) Cannabis business and hemp business regulations and performance standards.
(1) Minnesota state license required. It is unlawful for any person or legal entity
to operate or permit the operation of a cannabis business or hemp business without first obtaining,
and having in effect, a license from the Office of Cannabis Management for the cannabis business
or hemp business operated.
(2) City registration required. Cannabis retail businesses and hemp retail
businesses shall register with the city as required in Title XI of this Code.
(3) Buffers. Cannabis businesses shall not be located within:
(a) 1,000 feet of an elementary or secondary school (K-12 grades);
(b) 500 feet of a state licensed day care center, including preschool
programs, state licensed residential treatment facility, or an attraction within a public park that is
regularly used by minors, including a playground or athletic field; or
(c) [ 500-or-1000 feet (TBD)] of an existing lawful cannabis business,
measured by a line from the nearest point on the property boundary line of the property on which
the existing business is located to the nearest property boundary line of the property on which a
business is proposed to be located.
(4) Consumption or use of cannabis at or on the property of a cannabis business
is prohibited.
(E) Signage. Cannabis businesses and hemp businesses may have up to two outdoor signs
fixed to the exterior of the building or upon the property of the business. The signage shall comply
5
with the sign permit and regulations set forth in Chapter 154 of this Code. The signage shall not
contain imagery as prohibited by, and shall be in accordance with, state statute.
(F) Minimum required off-street parking. Cannabis businesses and hemp businesses shall
meet the minimum off-street parking requirements for the use (manufacturing, retail store, etc.) as
set forth elsewhere in this chapter.
(G) Application of Other Zoning Regulations. If not otherwise set forth specifically in this
section, all zoning regulations in this chapter shall apply to cannabis businesses, hemp businesses
and temporary cannabis events.
(H) Temporary cannabis event.
(1) Restrictions. A cannabis event organizer required to obtain a license from the
state may host a temporary cannabis event provided the following requirements are met and the
event complies with the requirements of a temporary outdoor event regulated elsewhere in this
Chapter:
(a) A temporary cannabis event may only occur in those zoning districts as
set forth above in this Section;
(b) The setback from any property line of any residential use or residential
zoned property shall be no less than 200 feet and the setback for cannabis business as set forth
elsewhere in this Section shall apply to any temporary cannabis event;
(c) The event may last no longer than four (4) days (96 hours); and
(d) Consumption or use of cannabis at or on the property of a temporary
cannabis event is prohibited.
Section 2. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the intent
and effect of the ordinance.
Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any person during regular office hours.
Section 4. Publication. The City Clerk shall publish the title of this ordinance and the official
summary in the official newspaper of the City with notice that a printed copy of the ordinance is
available for inspection by any person during regular office hours at the Office of the City Clerk.
6
Section 5. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this ___ day of ____________, 2024.
_____________________________________
Clint Hooppaw, Mayor
ATTEST:
__________________________________
Christina M. Scipioni, City Clerk
Date of Public Hearing: ___________________
Date Ordinance Adopted: ____________________
Date Ordinance Published in the Legal Newspaper: ____________________
7
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155 OF THE CITY CODE TO ADD SECTION 155.320
REGULATING CANNABIS BUSINESSES, HEMP BUSINESSES, AND
CANNABIS EVENTS
The following is the official summary of Ordinance No. ____ passed by the City Council of Apple
Valley on _________________, 2024:
Chapter 155 of the City Code is amended by adding a Section 155.320 which
establishes zoning and performance standards for cannabis businesses, hemp
businesses, and temporary cannabis events.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
Guiding
Zoning District NCC LB GB RB SC**VB**BP I-1 I-2
Business Type
Cannabis Retailer P P P P
Cannabis Microbusiness P*P*P*
Cannabis Mezzobusiness P*P*P*
Cannabis Cultivator (Indoor only)P P P
Cannabis Cultivator (Outdoor)
Cannabis Manufacturer P P P
Cannabis Wholesaler P P P
Cannabis Transporter P P P
Cannabis Testing Facility P P P
Cannabis Event Organizer P P P P
Cannabis Delivery Service P P P P P*P*P*
Medical Cannabis Cultivator P P P
Medical Cannabis Processor P P P
Medical Cannabis Retailer P P P P
Medical Cannabis Combination Business P*P*P*
Lower-potency Hemp Edible Manufacturer P*P*P*
Lower-potency Hemp Edible Retailer P P P P P P
“P” means Permitted; and “PD-R” means Permitted in Planned Development districts (or zones therein) that permit freestanding or multi-tenant retail building stores and shops.
Commercial Industrial
** There are currently no properties zoned with this designation.
Cannabis Businesses Preliminary Zoning Guide
* Retail sale of its cultivated cannabis or manufactured cannabis products is a permitted accessory use, provided the business has retail operation endorsement under its state license and shall be subject to
the accessory retail sales regulations for the applicable zoning district regulations as set forth elsewhere in this Chapter.
PD AG
PD-R
With retail endorsement, retail sales could also occur if
With retail endorsement, retail sales could also occur
P
Draft Ordinance does not allow the sampling of product at an event
P
Processing is all indoors. Could be a permitted use?
PD-R
If all activity is indoors, could this be a permitted use?
Retail sales of product produced on site is permitted in these zones
PD-R Retail sales of this product are permitted where any other retail sales are permitted
by state statute
“P” means Permitted; and “PD-R” means Permitted in Planned Development districts (or zones therein) that permit freestanding or multi-tenant retail building stores and shops.
Notes
Cannabis Businesses Preliminary Zoning Guide
* Retail sale of its cultivated cannabis or manufactured cannabis products is a permitted accessory use, provided the business has retail operation endorsement under its state license and shall be subject to
the accessory retail sales regulations for the applicable zoning district regulations as set forth elsewhere in this Chapter.
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CITY OF APPLE VALLEY
CANNABIS RETAIL DISPENSARY BUFFER MAP
*Only those buffers that intersect with
properly zoned parcels are displayed here.
0 0.25 0.5 0.75
Miles
!I
School*
1000' Buffer
Park*
500' Buffer
Child Care/Preschool*
500' Buffer
Residential Treatment Facility*
500' Buffer
Land Use (2040)
Commercial
Industrial
Mixed Business Campus
Mixed Use
McAndrews Rd
140th St W
160th St W
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September 17, 2024
Apple Valley Planning Commission
Attention: Alex Sharpe, Planning and Economic
Development Specialist
City of Apple Valley
7100 147th Street W.
Apple Valley, MN 55124
Via Email
Alex.Sharpe@applevalleymn.gov
Re: Vireo – Comment Letter on Draft Adult Use Cannabis Draft Ordinance
Dear Planning Commissioners:
We represent Vireo Health of Minnesota, LLC (“Vireo”), the operator of eight medical marijuana
dispensaries in Minnesota, managed under the Green Goods name, as well as an existing
cultivation, manufacturing and production facility in Otsego. This letter provides additional
comments regarding the staff report, dated September 18, 2024 (“Staff Report”) and draft
ordinance (“Draft Ordinance”), which is to be heard by the Planning Commission on September
18, 2024.
As drafted, the Draft Ordinance and Staff Report conflate state license types with permitted
uses under the zoning ordinance and would create conflicts between the City’s ordinance and
allowed uses under Minnesota law. With this in mind, we are proposing minor clarifications to
the draft text amendment summarized below.
Distinguish Use Regulations from License Type
Vireo will operate under a Medical Cannabis Combination license, which allows it to conduct
cultivation, manufacturing, and retail sales of both medical and adult-use recreational cannabis.
However, there is no requirement that these activities occur on the same site. Vireo’s cultivation
and manufacturing operations are located in Otsego, and any retail location in the City would be
a retail-only facility. However, the Draft Ordinance omits a medical cannabis combination
business from the definition of “Cannabis Retailer,” and would limit a medical cannabis
combination business licensee from operating a retail location in the City except where it is an
accessory use in the industrial districts. This omission could affect not only medical cannabis
combination licenses, but also cannabis mezzobusiness and cannabis microbusiness licenses.
Exhibit A proposes revised Ordinance language that would remedy and clarify this defect so that
medical cannabis combination business licensees, and cannabis mezzobusiness or cannabis
microbusiness licensees with the correct endorsements can operate as a standalone Cannabis
Retailer anywhere a Cannabis Retailer is allowed, in addition to where accessory to a
manufacturing or production facility.
Apple Valley Planning Commission
September 17, 2024
Page 2
Please contact me with any questions about this letter or the information contained within.
Sincerely,
Jacob W. Steen, for
Larkin Hoffman
Direct Dial: 952-896-3239
Direct Fax: 952-842-1738
Email: jsteen@larkinhoffman.com
cc: Amber Shimpa (ambershimpa@vireohealth.com)
Regina Simonson (reginasimonsen@vireohealth.com)
Apple Valley Planning Commission
September 17, 2024
Page 3
Exhibit A
Proposed Text Amendment
§ 155.320 CANNABIS BUSINESSES, HEMP BUSINESSES, AND TEMPORARY EVENTS.
(B) The definitions of words and phrases contained in Minn. Stat. § 342.01 and the Rules
promulgated by the Office of Cannabis Management shall apply to this section unless defined
differently herein. The following words and phrases shall have the meanings stated:
***
CANNABIS RETAILER. A business that sells immature cannabis plants and seedlings,
cannabis flower, cannabis products, hemp products, and other products authorized by law to
customers and patients in a retail-only setting, including cannabis mezzobusiness with retail
operations endorsement, cannabis microbusiness with retail operations endorsement, or
medical cannabis combination business operating a retail location, but excluding a cannabis
microbusiness with a retail operations endorsement and cannabis mezzobusiness with a retail
operations endorsement, or medical cannabis combination business where such retail
operations occur as an accessory.
4893-0433-6357, v. 1
I T E M: 5.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :September 18, 2024
S E C T I O N:L and Use / Action I tems
Description:
Orchard P lace Apartments Comprehensive P lan A mendment - P C24-11-P
S taff Contact:
Tim Benetti, Community Development Director
Department / Division:
Community Development Department
Applicant:
Trident Development, L L C and Rockport, L L C
P roject Number:
P C24-11-P
Applicant Date: 7/26/2024 60 Days: 9/24/2024 120 Days: 11/23/2024
AC T I O N RE Q UE S T E D:
T he petitioners request a comprehensive plan amendment from "C " (C ommercial) to "HD"
(High Density Residential) on a 5.62-acre property on the northwest corner of 157th Street
and English Ave for an apartment development. When the C ity reviews a request to amend
the comprehensive plan, it has the most discretion to determine whether or not the use is
appropriate for the location and consistent with the City's overall vision on development of an
area. T his land use amendment request is the beginning step of allowing a significant change
of use to this property; and additional land use actions will be needed before the project is
able to proceed.
Recommended Motion: Staff recommends approval of the requested comprehensive plan
amendment with the following motion:
Recommend approv al of an amendment to the comprehensiv e plan from "C"
(Commercial) to "HD" (High Density Residential).
S UM M ARY:
Trident Development, LLC, submitted an application to amend the land use designation of a
proposed 5.62-acre property from "C" (C ommercial) to "HD" (High Density Residential).
T he subject property is located on the northwest corner of 157th St. W. and English Ave. T he
subject property would be the southern 5.62 acres of the existing 16.2-acre Outlot D of
Orchard Place 2nd Addition development. Only the C omprehensive Plan amendment is
requested at this time. T he request for a rezoning, subdivision, and site plan review/building
permit authorization would be requested separately after the C omprehensive Plan
Amendment process is completed.
Outlot D was originally planned to be part of the Orchard Place development, a large
commercial retail area on the northwest corner of Pilot Knob Road and 157th Street W. A
master plan created in 2017 showed a single large, big-box retail center on the west side of
the development with detached commercial buildings on the east along Pilot Knob Road.
West of the commercial area was a large ponding feature area with trails connected to the
North C reek G reenway. Once the area was under development, the peripheral commercial
sites along Pilot Knob Road were developed while the big box retail center lagged behind. A
revised master plan in 2019 showed two medium-sized big box retail buildings flanking a
center trailhead feature near the pond water feature. T he plan showed the commercial center
integrated with and connected to the trails and pedestrian amenities that are part of the North
Creek Greenway.
T he petitioners state that there is currently not enough market demand to develop the
property as originally planned as a large-box or medium-box commercial shopping center.
Instead, they propose to develop the site with multiple family residential apartments which
will help to provide rooftops and activity for the nearby retail shopping area.
T he petitioners request consideration of only the C omprehensive Plan amendment at this time
but provided a colored site plan and a color building rendering showing how the 4-story, 128-
unit building might look. T he plans presented to date show a single building with a
combination of underground and at-grade garage parking to provide 128 garage units. Site
amenities include a community patio/grilling area, dog run, sport court and kids play area.
Please note this proposed building plan is for illustrative purposes only and is not under
consideration of approval as part of the C omprehensive Plan amendment application.
B AC K G RO UND:
P ublic Hearing Comments:
T he public hearing for this item was held August 21, 2024. T he following comments and
questions were raised by the Planning C ommission members and the residents:
1. Will change to HD negativ ely impact the commercial area to the east or to the
north? Staf f response: T he C ity has examples of apartment development abutting
commercial development around the C ity's downtown (Parkside Gabella, Bigos-Nuvelo,
Remington C ove). Overall, thoughtful design can help to mitigate potential negative impacts.
Sometimes, small individual nuisances need to be addressed on a case-by-case basis.
Overall, multiple family housing and retail coexist fairly peacefully with minimal complaints
received by the C ity.
2. What is the v ision for the dev elopment of this area? How will the proposed comp
plan amendment fit in with ov erall v ision? Staff response: T he approved or current vision
of this area is commercial, specifically retail business, hence the current RB zoning. T his
planned land use or guidance of this area was established by the C ity's 2040 Comprehensive
Plan and land use map (adopted J uly 2020). As with some planned areas, they can be
subject to changes due unforeseen economic forces, changes in real estate markets or
demands for certain types of uses, such as housing opportunities. T he 2040 C omp Plan is a
planning tool that cities use to identify and establish growth and development patterns in
certain areas and provides tangible goals and objectives leading to good growth and
development. A community's comprehensive plan is not absolute and can be changed as per
the direction (and discretion) of its leaders, including the Planning C ommission and City
Council. Any comprehensive plan amendment or land use change should also consider input
and opinions from the residents/citizens and business owners.
Under the 2040 C omp Plan - C h. 5 - Housing, it states: "Even with limited land, Apple
Valley can accommodate its forecasted housing growth through infill and redevelopment.
Under minimum density assumptions, Apple Valley can accommodate nearly 40 percent of
its f orecasted housing growth in Orchard Place and other designated inf ill sites. N ote that
Apple Valley’s recent apartment developments are closer to 40 units per acre. Under
maximum density assumptions, there is suff icient acreage to accommodate the entirety of
f orecasted housing growth on these sites. Actual development will likely f all in between
these two extremes."
T he chapter further states: "The Land Use C hapter is an essential tool for meeting Apple
Valley’s housing needs. The C ity has successf ully used the Land Use Plan with the related
policies and of f icial controls to produce livable, desirable neighborhoods, diversif y the
housing supply, and create af f ordable housing units. As housing needs change, these
approaches can be adapted to help meet community objectives."
T he request to change this area from C ommercial to High Density Residential may seem a
bit extreme, however this change to high-density land use is not overtly inconsistent or in
conflict with the general goals and objectives of the 2040 Plan to encourage more housing
opportunities, especially in areas where it can support other land uses, such as the
surrounding commercial/retail uses, medical clinics, and future light industrial or office uses
planned for other areas of the gravel mine (AVR/Orchard Place).
3. What is the current v acancy rate for retail dev elopment in the City? Staff response:
T he overall retail market has softened in the last few years while the need for multiple family
housing continues to grow. T he C ity's C omprehensive Plan notes that high-density
residential neighborhoods benefit from proximity to commercial goods and services. At the
same time, commercial businesses benefit from a dense local customer base. T he City
Engineers confirm that the site is adequately served with utilities and streets; no significant
changes are needed to C ity services to serve the site. Last, the revised master development
plan shows that the proposed development maintains the high quality and vibrancy that has
been envisioned for the area.
4. Orchard P lace is a prime location for commercial dev elopment. Maybe needs more
time in order to dev elop? Staf f response: Staff agrees the Orchard Place is a prime
location for commercial (retail) development, and the plan was established a number of years
ago for a hearty mix of commercial, industrial, medical and offices, residential (low, medium
and high density) and other mixed-uses. A number of commercial sites have panned out very
successfully, including the new Texas Roadhouse, Orchard Place strip centers, Mister
Carwash, Lunds & Byerlys, Chase Bank, Chafin Vet and HealthPartners clinics. Large
sections of this Orchard Place area remain undeveloped; and there is an expectation that this
high-density may help spur other commercial/retail uses due to the expected close proximity
of residents to fuel added customer base for these commercial uses. Retail/C ommercial
development in the metro area can be a bit cyclical and not easily predicted, but the need for
housing opportunities does seem to be in high demand and continually sought after in
suburban settings such as Apple Valley.
5. What are City dev elopment goals regarding multiple family dev elopment and
retail? How might this project impact those goals? Staff response: T he Community
Context section of the C omprehensive Plan notes that housing affordability and retail trends
are two forces that will impact Apple Valley's future that will need to be monitored.
"National Retail Trends: T he current nationwide retail bubble requires monitoring and
repositioning given the significant amount of retail space currently available in Apple
Valley (C ommunity Context 3-33)."
Housing Affordability: "While Apple Valley is affordable for most residents, there is a
general lack of affordable housing for low-income earners throughout the Twin Cities
metro. A pple Valley is committed to meeting its share of the regional affordable
housing requirement and increasing local access to well-paying, head-of-household jobs
(C ommunity Context 3-32)."
Apple Valley has a high percentage of retail service and retail trade jobs while it has a low
supply of affordable housing.
6. Light pollution from the commercial area is more of a nuisance than noise
pollution. Staf f response: Site lighting requirements are found in City C ode section 155.353
and state that in commercial and industrial areas, light levels at the property line may not
exceed 1.0-foot candles. If the lighting in the commercial area exceeds the limit, more light
shielding may be needed.
7. What will be the impacts to schools? I s the School District aware? Staf f response:
Staff reached out to Christopher O nyango-Robshaw, Director of Finance, for ISD 196. He
stated the School District had no concerns with the proposed project.
8. T he property north of the Orchard P lace Townhomes is designated for "H D" (High
Density) dev elopment like the subject site is requesting. I s there a concern that the
proposed HD dev elopment might compete with dev elopment to west? Staff
response: When Orchard Place Townhomes development reviewed, plans showed the lot to
the north to be developed as attached townhomes. T he expectation is that the area would be
developed similar to the townhomes to the south with an attached townhome development.
T he proposed redesignation of the subject site would be for multiple family apartments.
9. A 4-story building will be an eyesore. Orchard P lace Townhomes is a 3-story
dev elopment. Staf f response: T he appearance of a 4-story building may spark some
negative perceptions of a hulking tall structures looming over adjacent properties. A cross-
section drawing would help to show visually how a 4-story building would fit in the area.
T he C ity has seen a number of 4-story buildings constructed that have been received
favorably: T he Legacy of Apple Valley, Parkside Galante, Parkside Gabella, Bigos Nuvelo,
Zvago at C entral Village, Risor of Apple Valley and T he Seasons are all 4-story buildings
that fit well within their neighborhood areas. Overall whether someone likes or dislikes the
appearance of a 4-story buildings is a matter of personal preference.
10. Sidewalks around ponds (near my house) will hav e more traffic. Staf f response: T he
private sidewalks abutting the townhomes are private connections through the Orchard Place
T H development. T he bituminous trails abutting the pond are public pedestrian connections
that are part of a C ity-wide trail network. Trail use is expected to increase as trail segments
of the N orth Creek Greenway Trail are completed and connected. Once completed, the
North C reek Greenway will provide a trail connection between the Minnesota Zoo and
downtown Farmington. Trail use will increase whether or not the subject property re-guided
to HD. Use of the private sidewalks in the T H development is not expected to be impacted.
11. Concern about increase in crime – more riff-raff on the trails. Staf f response: It is
common to receive this type of comment when reviewing a request for a change in land use.
T he rate of crime on the trails is not expected to increase as a result of this specific
development. T he public trails are expected to be used and enjoyed by the general public.
12. Concern about the number of apartment dev elopments that hav e been constructed
within the last 15 years. Staff response: It’s true that there have been a number of new
apartment building developments constructed in Apple Valley recently. T here has been
strong market demand for apartment development and new buildings lease up quickly.
However, Apple Valley remains a community with largely detached single family housing.
When looking at the population in households, 51% is found in single family homes, 30% in
townhomes, 16% in multiple family apartments/condos and 3% in manufactured housing.
13. Concern that re-guiding the site to H D will result in a loss of jobs. Compared to
our neighbors, Apple Valley has a lower number of jobs av ailable in the City. Staff
response: T he subject development area is guided and zoned for retail commercial uses. In
general, retail jobs tend to not meet the criteria for full-time, head-of-household jobs. J obs
would be created as a result of this development for the ongoing management, leasing and
maintenance of the apartment building.
Applicant Response: Trident provided the following information for jobs created to manage
an apartment building of this size:
"The proposed property would have prof essional, third-party property management
services. For a building this sized, we typically see staf fing arranged as follows:
One f ull-time community manager
One f ull-time leasing/marketing manager
One f ull-time maintenance supervisor
One part-time management assistant
One part-time maintenance assistant
Not all positions would be f illed at f irst, but as occupancy reaches 100%, more staff
members are added as needed."
14. Why aren’t apartments planned in another location north of the retail area with
less traffic and not by neighborhoods? Staff response: T he Planning C ommission must
respond to the application submitted; it cannot direct a project to a different location.
Applicant response: Based on past development experience, we find apartment projects
greatly benefit from:
• C lose proximity to recreational trails
• C lose proximity to public parks/ball fields
• Visibility from high-traffic thoroughfares
• Quick access to major traffic arteries
• C onvenient access to goods & services
• Ability to live close to employment
We believe the Orchard Place site provides all of these location amenities.
15. Apartments will result in increased traffic and ov ercrowding. Staf f response: T he
preliminary traffic study shows that the traffic levels for an apartment building would be
lower than for a commercial area. “Overcrowding” is a perception of density and activity.
T he City Engineers confirm that the site can accommodate the use proposed: traffic functions
properly, utilities are properly sized for the area, etc.
16. Currently no pedestrian crossing signs at 157th Street and E nglish Av enue.
Sometimes cars don’t stop when we are about to cross E nglish Av e. Staff
response: Internal pedestrian circulation will improve as development fills in the area.
Additional sidewalk connections and pedestrian crossings are planned with future
development phases including this parcel, the Les Schwab site and any future development in
this area.
17. Original plan was a commercial retail center connected to the trails and pedestrian
amenities for all of the public to use. P riv ate amenities are now shown near the trail.
Why are similar amenities in this area not planned for the community? Will the
proposed dev elopment reduce the number of trailhead amenities? Staff response: T he
trailhead feature abutting the large stormwater pond is a focal point for the Orchard Place
Commercial development area that has been planned since 2017. A concern was raised that
maybe some of the amenities planned for the trailhead would be available only to the private
development, not to the public.
T he 2017 original big-box master plan for Orchard Place Commercial showed a tree-lined
boulevard feature entering the site leading up to the big box retail anchor. A trail connection
is shown on the north side of the site within the gas pipeline easement area along 155th St.
W. Aside from an "overlook area," no other specific amenities are shown. By the time the
2019 plans were presented, the trail along 155th is missing and no other connection was
shown between English Avenue and the stormwater pond/regional trail system. Two medium
box retail buildings are shown with two restaurant pads in between with outdoor patios
leading to a circular concrete feature, but no other public or private amenities are shown.
T he proposed apartment development plans show that a separate parcel would be created for
the public trail link that would be dedicated to the C ity. T he amenities for the trailhead area
would remain unchanged with a medium sized kiosk/map, benches, bike loops, bike fix-it
station, picnic tables, limestone boulder seating area, and wayfinding signage. No change to
the trailhead area is proposed as a result of this development.
T he apartment site would contain its own apartment community amenity features separate
and distinct from the trailhead, that include a sport court, a tot playground, and a dog run
area. A concern was expressed that maybe the multiple family development is taking away
some of the amenities and privatizing them. T he private amenities offered by the apartment
development are for the use and enjoyment of the apartment residents. T hose seeking more
amenities than offered at the trailhead would find additional park amenities at Q uarry Point
Park, immediately south of 157th Street.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Memo
Map
Applicant L etter
Correspondence
Correspondence
L etter
CITY OF
MEMO
Public Works
TO: Kathy Bodmer, AICP, City Planner
FROM: Evan Acosta, Assistant City Engineer
DATE: August 15, 2024
SUBJECT: Orchard Place 2nd Addition Trident Development Comp Plan Amendment
Kathy,
The following are comments regarding the materials submitted in the Orchard Place 2nd Addition Trident
Development Comp Plan Amendment Application.
General
1.The City’s Traffic Engineering Consultant has completed a preliminary traffic analysis
based on the proposed land use. Further analysis is required during the site plan
review process, when more site-specific information is available.
Traffic
•The proposed development consists of 128 apartment units, while the existing zoning would
allow for 73,498 square feet of retail space.
•The proposed apartment development is expected to generate 47 AM peak hour, 50 PM peak
hour, and 581 daily trips.
•The potential zoned retail space could have generated 259 AM peak hour, 664 PM peak hour,
and 6,945 daily trips.
•As a result, the proposed development would be expected to generate 212 fewer AM peak
hour, 614 fewer PM peak hour, and 6,364 fewer daily trips.
Land Use - ITE Code Units/Size AM In AM Out PM In PM Out Daily
Proposed Development
Multifamily Housing (Mid Rise) - 221 128 units 11 36 30 20 581
Zoned Potential Development
Shopping Center - 821 73,498 SF 161 98 319 345 6945
Difference 150 62 289 325 6364
Site
1.The sanitary sewer at the site will accommodate the proposed change in use.
a.Current Allocation: 2,000 Gal/AC/Day
b.Proposed High Density Use: 1,960 Gal/AC/Day
02418394
August 2024
Trip Generation Figure 1Trident Development Trip Generation Review
City of Apple Valley
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Mr. CarWash
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Crisp & GreenNewt's Chipotle
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TexasRoadhouse
TargetApple ValleySouth
Apple ValleyLiquor
Think MutualBank
157TH ST W
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PILOT KNOB RD
155TH ST W
ENGLISH AVE
EVERGLADE AVE
156TH ST W
FAIR HILL WAY
154TH ST W
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EVERGREEN AVE
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THSTW
154TH ST W
COBBLESTONE L A K E P K WY S
JOHN
NY CAKE RID
GE RD
FAIR HILL WAY
FAIRCH
IL
D WAY
153RD ST W
EMPEROR
AVE
E
A
G
L
E
B
A
Y
D
R
EMORY
AVE
E
M
B
L
E
M
W
A
Y
FI RT R EE LN
E A G L E C R E EKWAY
E
AGLEBAY W A Y
EASTBEND
W A Y
EVER
GREEN AVE
E L M WOOD WAY
158TH CT W
156TH WAY
E
A
R
L
YBIRDCIR
FINC H L N
EAMES WAY
EDDINGTON WAY
E L M C R OFTWAY
EDDY CREEK WAY
FAIRBOOK
C
T
EA G LE STO N E R D
FESCUE CT
FINESSE WAY
158TH ST W
1 5 8 T H S T W ENGL
ISH AVE
PILOT K
NOB
RD
158TH ST W
156TH ST W
P
P
C
C
CC
P
P
P
HD
MD
LD
LD
LD
MD
LD
LD
LD
LD
LD
MDLD
LD
MD
HD
LD
HDINS
Existing
Proposed
PARCEL 1
461,727 SF
10.60 AC
PARCEL 2
244,993 SF
5.62 AC
51
7
.
7
5
DENOTES EXISTING CATCH BASIN
DENOTES EXISTING HYDRANT
DENOTES EXISTING SANITARY MANHOLE
DENOTES EXISTING STORM MANHOLE
DENOTES EXISTING UTILITY BOX
DENOTES EXISTING SERVICE OR CLEANOUT
DENOTES IRON MONUMENT FOUND
DENOTES IRON MONUMENT SET
DENOTES EXISTING POWER POLE
DENOTES EXISTING LIGHT POLE
DENOTES EXISTING CONSERVATION POST
OR WET LAND BUFFER POST
DENOTES EXISTING TREE8" TREE
000.0
DENOTES WOOD HUB
DENOTES NAIL
DENOTES EXISTING RETAINING WALL
DENOTES PROPOSED RETAINING WALL
DENOTES EXISTING ELEVATION
DENOTES PROPOSED ELEVATION
DENOTES AS BUILT ELEVATION
(000.0)
000.0
DENOTES EXISTING TREELINE
DENOTES DIRECTION OF SURFACE DRAINAGE
DENOTES EXISTING FENCE
LEGEND
DENOTES EXISTING F.E.S.
DATE____________ REG. NO._________
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED LAND SURVEYOR
UNDER THE LAWS OF THE STATE OF MINNESOTA.
EXHIBIT FOR OUTLOT D
APPLE VALLEY MINNESOTA
1
1
JM 5/20/2024
AS SHOWN
18492.01
PLYMOUTH, MN 55447
2655 CHESHIRE LANE NORTH
HJ DEVELOPMENT
NOTE:
483655-22-2024
From: Community Development <Community.Development@applevalleymn.gov>
Sent: Thursday, February 15, 2024 4:04 PM
To: Kathy Bodmer <Kathy.Bodmer@applevalleymn.gov>
Cc: Tim Benetti <Tim.Benetti@applevalleymn.gov>; Alex Sharpe
<Alex.Sharpe@applevalleymn.gov>; Sydnee Stroeing <Sydnee.Stroeing@applevalleymn.gov>
Subject: FW: Community member feedback regarding medium/high-density housing
From: Ryan Panning <XXXX>
Sent: Thursday, February 15, 2024 4:03 PM
To: Community Development <commdev@ci.apple-valley.mn.us>
Subject: Community member feedback regarding medium/high-density housing
Hi, I intended to contact the Planning Commission but there doesn't seem to be contact
information, so I was able to find this email address on the city site and figured I'd start here. What
is the best way to provide community feedback regarding development projects?
My concern is around medium/high-density housing and see that another large apartment complex
might be proposed for Apple Valley. To me it seems like apartment complexes have doubled in the
14 years I've lived in this area (although I don't have data to back that up) and so has traffic and the
sheer number of people. We don't even go to events at Kelly Park anymore due to the overcrowding,
being surrounded by apartment complexes now and limited parking. While there has been
expansion in single family homes as well, I feel that apartment complexes are more-so adding to
the traffic and overcrowding and just wanted to voice my concern with adding even more in the
limited undeveloped land that is left.
Again, just wanted to express my concerns to someone who helps lead development in the city,
otherwise my concerns wouldn't even be known to anyone else. I'd be happy to continue with
follow-up discussion, or if there is a better place to send my feedback.
Thanks,
Ryan Panning
13165 Floral Court
763-498-1132
September 11, 2024
Schuler Shoes
Attn: Michael Schuler, President
11400 Elm Creek Boulevard
Maple Grove, MN 55369
mschuler@schulershoes.com
Re: Letter of Support for Orchard Place Multi-Family project
Dear Michael,
A 128-unit multi-family apartment project is being proposed for the southern portion of Outlot D at
Orchard Place. This area sits between Texas Roadhouse and the regional stormwater pond to the west. A
site plan is enclosed for reference.
The project would be developed by a joint venture between an experienced apartment developer, Trident
Development and Orchard Place master developer, HJ Development. This proposed project is to be a
market rate 4 story apartment building that will be designed to tie into and complement the overall
aesthetics of the Orchard Place development.
Further, the project will offer numerous amenities such as outdoor dog runs, a sport court, a kids play area
and an outdoor community patio with play area. There would be 128 underground garage parking stalls
in addition to 195 surface stalls. Connections to the regional trail network will be made to add to the
public accessibility of the development.
This area where the apartments are being proposed is currently zoned commercial and we’re looking to
get the approval from the city to amend the comprehensive plan to allow for multi family housing to be
built on the site in lieu of commercial. The type of commercial originally planned for the area was larger
box type commercial uses that have not materialized in the 5 years we’ve been working on the
development.
The balance of the land north of the proposed apartment project and 155th street is intended to be left as
future commercial development that will likely be developed over the next several years. Conceptual
renderings of what could happen there are included in the enclosed site plan.
We ’re reaching out and asking existing businesses within Orchard Place to sign this letter indicating
support for the proposed apartment project. By signing this letter you’re acknowledging support. If you
are in support of this, please return your signed letter by September 18th, 2024.
Best Regards,
Roger Fink Signature ______________________________
Trident Development
Print Name _____________________________
Chris Moe
HJ Development Title ___________________________________
Date ___________________________________
Michael Schuler
President
09/11/*2024
September 11, 2024
Les Schwab
C/O JLL Brokerage Services
Attn: Jeremy Grittner
250 Nicollet Mall, Suite 1000
Minneapolis, MN 55401
Jeremy.grittner@jll.com
Re: Letter of Support for Orchard Place Multi-Family project
Dear Jeremy,
A 128-unit multi-family apartment project is being proposed for the southern portion of Outlot D at
Orchard Place. This area sits between Texas Roadhouse and the regional stormwater pond to the west. A
site plan is enclosed for reference.
The project would be developed by a joint venture between an experienced apartment developer, Trident
Development and Orchard Place master developer, HJ Development. This proposed project is to be a
market rate 4 story apartment building that will be designed to tie into and complement the overall
aesthetics of the Orchard Place development.
Further, the project will offer numerous amenities such as outdoor dog runs, a sport court, a kids play area
and an outdoor community patio with play area. There would be 128 underground garage parking stalls
in addition to 195 surface stalls. Connections to the regional trail network will be made to add to the
public accessibility of the development.
This area where the apartments are being proposed is currently zoned commercial and we’re looking to
get the approval from the city to amend the comprehensive plan to allow for multi family housing to be
built on the site in lieu of commercial. The type of commercial originally planned for the area was larger
box type commercial uses that have not materialized in the 5 years we’ve been working on the
development.
The balance of the land north of the proposed apartment project and 155th street is intended to be left as
future commercial development that will likely be developed over the next several years. Conceptual
renderings of what could happen there are included in the enclosed site plan.
We ’re reaching out and asking existing businesses within Orchard Place to sign this letter indicating
support for the proposed apartment project. By signing this letter you’re acknowledging support. If you
are in support of this, please return your signed letter by September 18th, 2024.
Best Regards,
Roger Fink Signature ______________________________
Trident Development
Print Name _____________________________
Chris Moe
HJ Development Title ___________________________________
Date ___________________________________
September 11, 2024
Chase Bank
Attn: Ronald Chester
24085 El Toro Road – Mail Code: CA2-5116
Laguna Hills, CA 92653
Ronald.chester@chase.com
Re: Letter of Support for Orchard Place Multi-Family project
Dear Ronald,
A 128-unit multi-family apartment project is being proposed for the southern portion of Outlot D at
Orchard Place. This area sits between Texas Roadhouse and the regional stormwater pond to the west. A
site plan is enclosed for reference.
The project would be developed by a joint venture between an experienced apartment developer, Trident
Development and Orchard Place master developer, HJ Development. This proposed project is to be a
market rate 4 story apartment building that will be designed to tie into and complement the overall
aesthetics of the Orchard Place development.
Further, the project will offer numerous amenities such as outdoor dog runs, a sport court, a kids play area
and an outdoor community patio with play area. There would be 128 underground garage parking stalls
in addition to 195 surface stalls. Connections to the regional trail network will be made to add to the
public accessibility of the development.
This area where the apartments are being proposed is currently zoned commercial and we’re looking to
get the approval from the city to amend the comprehensive plan to allow for multi family housing to be
built on the site in lieu of commercial. The type of commercial originally planned for the area was larger
box type commercial uses that have not materialized in the 5 years we’ve been working on the
development.
The balance of the land north of the proposed apartment project and 155th street is intended to be left as
future commercial development that will likely be developed over the next several years. Conceptual
renderings of what could happen there are included in the enclosed site plan.
We ’re reaching out and asking existing businesses within Orchard Place to sign this letter indicating
support for the proposed apartment project. By signing this letter you’re acknowledging support. If you
are in support of this, please return your signed letter by September 18th, 2024.
Best Regards,
Roger Fink Signature ______________________________
Trident Development
Print Name _____________________________
Chris Moe
HJ Development Title ___________________________________
Date ___________________________________
Docusign Envelope ID: 1DC7E44E-CB0D-4942-82DE-0428050326A5
Sep 17, 2024 | 3:08 PDT
VP
Ronald Chester
From:Emily Cooper
To:Chris Moe; Nicole Kimball
Cc:Roger Fink
Subject:RE: Orchard Place Multi Family Project - Response Requested by 9/18 Store #61318 - Pilot Knob and 157th -
Apple Valley, MN
Date:Wednesday, September 18, 2024 9:05:56 AM
Attachments:image003.png
CAUTION: EXTERNAL
-dropping Julie and Stephanie to bcc to respect their inboxes.
Hi Chris—
Starbucks has no concerns with you pursuing the zoning change at Outlot D. However, I’m currently
waiting to hear if I can sign the letter for you.
If you are successful in getting the city to approve this, and it affects a replat, then we will need to
process a replat amendment at that time.
Thanks,
Emily Cooper
real estate manager | Mid-America & Mid-South
Starbucks Coffee Company
404-632-7863 cell | ecooper@starbucks.com
For Landlord Support and FAQ’s, please visit: https://www.starbucks.com/business/landlord-faq
From: Chris Moe <CMoe@hjdevelopment.com>
Sent: Wednesday, September 18, 2024 9:58 AM
To: Julie Wolleat <jwolleat@starbucks.com>; Nicole Kimball <nkimball@hjdevelopment.com>; Emily
Cooper <ecooper@starbucks.com>; Stephanie Medford (PSP) <smedford@starbucks.com>
Cc: Roger Fink <rogerf@tridentdevelopmentmn.com>
Subject: RE: Orchard Place Multi Family Project - Response Requested by 9/18 Store #61318 - Pilot
Knob and 157th - Apple Valley, MN
Emily and Stephanie
Is this something that Starbucks can support? If so a signed letter would be greatly
appreciated today as we are in front of the planning commission tonight at 7 pm.
Thank You!
Chris Moe, CCIM
Principal
cmoe@hjdevelopment.com
2655 Cheshire Lane North
Plymouth, MN 55447
763-285-7236 (Direct)
612-701-7923 (Mobile)
952-476-9400 (Office)
hjdevelopment.com
From: Julie Wolleat <jwolleat@starbucks.com>
Sent: Wednesday, September 11, 2024 6:19 PM
To: Nicole Kimball <nkimball@hjdevelopment.com>; Emily Cooper <ecooper@starbucks.com>;
Stephanie Medford (PSP) <smedford@starbucks.com>
Cc: Chris Moe <CMoe@hjdevelopment.com>; Roger Fink <rogerf@tridentdevelopmentmn.com>
Subject: RE: Orchard Place Multi Family Project - Response Requested by 9/18 Store #61318 - Pilot
Knob and 157th - Apple Valley, MN
CAUTION: EXTERNAL
Thanks, Nicole –
I am looping Emily Cooper and Stephanie Medford into the conversation. Emily and Stephanie
are focused on our existing portfolio, while my focus is new store development and market
strategy. Emily and Stephanie would be the appropriate contacts.
@Emily Cooper and @Stephanie Medford (PSP), as always, please let me know if there is
anything you need from me as you review
Thanks,
Julie
Julie Wolleat
sr. store development manager
Mid-America Store Development
Starbucks Coffee Company
( 312-561-0122 |* jwolleat@starbucks.com
From: Nicole Kimball <nkimball@hjdevelopment.com>
Sent: Wednesday, September 11, 2024 3:12 PM
To: Julie Wolleat <jwolleat@starbucks.com>
Cc: Chris Moe <CMoe@hjdevelopment.com>; Roger Fink <rogerf@tridentdevelopmentmn.com>
Subject: Orchard Place Multi Family Project - Response Requested by 9/18
Dear Julie,
Please see the attached Letter for Support and 2 Exhibits. If you have any questions, please
feel free to contact either of the following:
Chris Moe – HJ Development at cmoe@hjdevelopment.com or 763-285-7286
Roger Fink – Trident Development at rogerf@tridentdevelopmentmn.com or 612-242-6097
Sincerely,
Nicole Kimball
Partnership Coordinator
nkimball@hjdevelopment.com
2655 Cheshire Lane North
Plymouth, MN 55447
952-476-9400 (Office)
763-285-7231 (Direct)
952-476-9401 (Fax)
hjdevelopment.com
September 11, 2024
Newt’s Restaurant
Attn: David Currie
216 First Avenue SW
Rochester, MN 55902
david@creativecuisineco.com
Re: Letter of Support for Orchard Place Multi-Family project
Dear David,
A 128-unit multi-family apartment project is being proposed for the southern portion of Outlot D at
Orchard Place. This area sits between Texas Roadhouse and the regional stormwater pond to the west. A
site plan is enclosed for reference.
The project would be developed by a joint venture between an experienced apartment developer, Trident
Development and Orchard Place master developer, HJ Development. This proposed project is to be a
market rate 4 story apartment building that will be designed to tie into and complement the overall
aesthetics of the Orchard Place development.
Further, the project will offer numerous amenities such as outdoor dog runs, a sport court, a kids play area
and an outdoor community patio with play area. There would be 128 underground garage parking stalls
in addition to 195 surface stalls. Connections to the regional trail network will be made to add to the
public accessibility of the development.
This area where the apartments are being proposed is currently zoned commercial and we’re looking to
get the approval from the city to amend the comprehensive plan to allow for multi family housing to be
built on the site in lieu of commercial. The type of commercial originally planned for the area was larger
box type commercial uses that have not materialized in the 5 years we’ve been working on the
development.
The balance of the land north of the proposed apartment project and 155th street is intended to be left as
future commercial development that will likely be developed over the next several years. Conceptual
renderings of what could happen there are included in the enclosed site plan.
We ’re reaching out and asking existing businesses within Orchard Place to sign this letter indicating
support for the proposed apartment project. By signing this letter you’re acknowledging support. If you
are in support of this, please return your signed letter by September 18th, 2024.
Best Regards,
Roger Fink Signature ______________________________
Trident Development
Print Name _____________________________
Chris Moe
HJ Development Title ___________________________________
Date ___________________________________
David Currie
Owner
09/18/2024
September 11, 2024
Sweet Treasures
Attn: Ann Alaboud
15610 English Avenue, Suite 200
Apple Valley, MN 55124
ann@sweet-treasures.com
Re: Letter of Support for Orchard Place Multi-Family project
Dear Ann,
A 128-unit multi-family apartment project is being proposed for the southern portion of Outlot D at
Orchard Place. This area sits between Texas Roadhouse and the regional stormwater pond to the west. A
site plan is enclosed for reference.
The project would be developed by a joint venture between an experienced apartment developer, Trident
Development and Orchard Place master developer, HJ Development. This proposed project is to be a
market rate 4 story apartment building that will be designed to tie into and complement the overall
aesthetics of the Orchard Place development.
Further, the project will offer numerous amenities such as outdoor dog runs, a sport court, a kids play area
and an outdoor community patio with play area. There would be 128 underground garage parking stalls
in addition to 195 surface stalls. Connections to the regional trail network will be made to add to the
public accessibility of the development.
This area where the apartments are being proposed is currently zoned commercial and we’re looking to
get the approval from the city to amend the comprehensive plan to allow for multi family housing to be
built on the site in lieu of commercial. The type of commercial originally planned for the area was larger
box type commercial uses that have not materialized in the 5 years we’ve been working on the
development.
The balance of the land north of the proposed apartment project and 155th street is intended to be left as
future commercial development that will likely be developed over the next several years. Conceptual
renderings of what could happen there are included in the enclosed site plan.
We ’re reaching out and asking existing businesses within Orchard Place to sign this letter indicating
support for the proposed apartment project. By signing this letter you’re acknowledging support. If you
are in support of this, please return your signed letter by September 18th, 2024.
Best Regards,
Roger Fink Signature ______________________________
Trident Development
Print Name _____________________________
Chris Moe
HJ Development Title ___________________________________
Date ___________________________________
Ann Alaboud
President
09/18/2024
September 11, 2024
Te xas Roadhouse
Attn: Doug Druen
6040 Dutchman Lane
Louisville, TX 40205
Douglas.druen@texasroadhouse.com
Re: Letter of Support for Orchard Place Multi-Family project
Dear Doug,
A 128-unit multi-family apartment project is being proposed for the southern portion of Outlot D at
Orchard Place. This area sits between Texas Roadhouse and the regional stormwater pond to the west. A
site plan is enclosed for reference.
The project would be developed by a joint venture between an experienced apartment developer, Trident
Development and Orchard Place master developer, HJ Development. This proposed project is to be a
market rate 4 story apartment building that will be designed to tie into and complement the overall
aesthetics of the Orchard Place development.
Further, the project will offer numerous amenities such as outdoor dog runs, a sport court, a kids play area
and an outdoor community patio with play area. There would be 128 underground garage parking stalls
in addition to 195 surface stalls. Connections to the regional trail network will be made to add to the
public accessibility of the development.
This area where the apartments are being proposed is currently zoned commercial and we’re looking to
get the approval from the city to amend the comprehensive plan to allow for multi family housing to be
built on the site in lieu of commercial. The type of commercial originally planned for the area was larger
box type commercial uses that have not materialized in the 5 years we’ve been working on the
development.
The balance of the land north of the proposed apartment project and 155th street is intended to be left as
future commercial development that will likely be developed over the next several years. Conceptual
renderings of what could happen there are included in the enclosed site plan.
We ’re reaching out and asking existing businesses within Orchard Place to sign this letter indicating
support for the proposed apartment project. By signing this letter you’re acknowledging support. If you
are in support of this, please return your signed letter by September 18th, 2024.
Best Regards,
Roger Fink Signature ______________________________
Trident Development
Print Name _____________________________
Chris Moe
HJ Development Title ___________________________________
Date ___________________________________
I T E M: 6.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :September 18, 2024
S E C T I O N:Other Business
Description:
Review of Upcoming S chedule and Other Updates
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Next P lanning Commission Meetings:
Wednesday, October 2, 2024 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, August 21, 2024.
Site plan, variance applications due by 9:00 a.m. on Wednesday, September 4, 2024.
Wednesday, October 16, 2024 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, September 4, 2024.
Site plan, variance applications due by 9:00 a.m. on Wednesday, September 18, 2024.
Next City Council Meetings:
T hursday, September 26, 2024 - 7:00 p.m.
T hursday, October 10, 2024 - 7:00 p.m.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A