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HomeMy WebLinkAbout09-18-24 Agenda Packet ••• Meeting Location: Municipal Center Apple II 7100 147th Street West Valley Apple Valley, Minnesota 55124 September 18, 2024 PLANNING COMMISSION TENTATIVE AGENDA 7:00 PM 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 Consider a text amendment to the zoning ordinance regarding cannabis businesses. LOCATION: Citywide PETITIONER: City of Apple Valley 5. Land Use /Action Items A. Orchard Place Apartments Comprehensive Plan Amendment - PC24-11-P Consider request to amend the Comprehensive 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). LOCATION: Northwest corner of 157th Street West and English Ave (Outlot D, Orchard Place 2nd Addition) PETITIONER: 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. City Council - Thursday, September 26, 2024 - 7:00 p.m. City Council - Thursday, October 10, 2024 - 7:00 p.m. 7. Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.applevalleymn.gov • ITEM: 3.A. ••••• • ••• PLANNING COMMISSION MEETING DATE: September 18, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Minutes of August 21, 2024 Regular Meeting Staff Contact: Department/ Division: Breanna Vincent, Department Assistant Community Development Department ACTION REQUESTED: Approve minutes of the regular meeting of August 21, 2024. SUMMARY: The minutes of the regular Planning Commission meeting is attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: 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 • ITEM: 4.A. • •• ••• ••• PLANNING COMMISSION MEETING DATE: September 18, 2024 Apple Valley SECTION: Public Hearings Description: Zoning Ordinance Amendment- Cannabis Business Ordinance Staff Contact: Department/ Division: Alex Sharpe, Al CP, Planning and Economic Dev. Spec. Community Development Department ACTION REQUESTED: It is the policy of the Planning Commission to not take action on an item the evening of the public hearing. The Commission is asked to open the public hearing, receive comments, and close the public hearing. SUMMARY: The Planning Commission has been previously provided background materials and a brief history of the legislative actions taken by the State of Minnesota. These materials were provided to allow the Commission additional time to review and formulate questions for the public hearing. Staff and the City Attorney's office have been developing a draft ordinance based on policy direction from the City Council. This policy direction and the information previously provided to the Commission are contained either in the background section of this report, or as attachments to ensure the public has access to all information previously provided. The draft ordinance is attached for the Commission and the public to provide comments and direction to staff. That said, the City's regulations are limited by the state to the time, place, and manner of sales. This means the City 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 Caps A cap on the number of retail sales locations has been set to the statutory minimum, which is 5 locations. • The City is not required to place a cap on the number of locations. The City Council provided policy direction to initially limit the total number and potentially evaluate increasing the number at a later date. • The cap only applies to retail sale locations of higher potency cannabis products. The statute does not allow for a cap total number of other cannabis-based businesses such as manufacturers or cultivators. • The 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 Between Retail Sale Locations The draft ordinance requires a buffer between cannabis retail sales and sensitive uses. The 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. The map demonstrates that the buffers do not prohibit a cannabis retailer from locating within the City. Statute also allows for buffers between cannabis retail locations. The City Council 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. The Planning Commission 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. This table is also incorporated into the draft ordinance. The draft allows the retail sales of cannabis (subject to buffers) where other general retail sales are permitted. This is consistent with state statute. Other uses, such as cannabis product manufacturing are treated similarly to other general manufacturing within the ordinance. The Commission 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 CUP (Conditional Use Permit). Upon review with the City Attorney, staff has amended these to be a permitted use rather than a CUP. These cannabis businesses are similar to other permitted uses, such as manufacturing of a product, breweries, etc. The City Attorney also opined that if the City were to require a conditional use permit for cannabis businesses, performance standards must be adopted as well. Conditional uses are also generally permitted and cannot be denied by the City unless they do not meet the adopted performance standards. BACKGROUND: In 2023, the Minnesota Legislature passed a bill legalizing adult use of cannabis and cannabis businesses, part of this bill also created The Office of Cannabis Management (OCM). OCM was created to regulate and oversee the cannabis industry in Minnesota. At the August 8, 2024, City Council 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 OCM to provide a draft/model ordinance and a guide for local governments which were released in mid-June 2024. This 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 City seeks to adopt regulations for the cannabis industry within the City, a cannabis ordinance must be adopted and published by January 1, 2025. As this is when the moratorium will expire and OCM will begin issuing preliminary licenses. A tentative schedule was presented to the City Council to meet the January 1 deadline. The City Council must act on the ordinance no later than December 12, 2024 to allow adequate time to publish as required by State statute. The Planning Commission is asked to review this memo and the materials provided. The 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 City Council 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? o Council Direction: Yes, limit to 5, the statutory minimum. 2. Should the City implement buffers as outlined in the State Statutes? o Council Direction: Yes, at the maximum buffers as allowed by statute, see the attached draft map. Council also directed staff to evaluate buffers 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? a Council Direction: See the draft land use table attached. See the attached matrix for all cannabis businesses proposed zoning districts as supported by Council. The zoning districts noted in the table also apply to Planned Developments as their underlying zoning district regulations still apply to similar uses. BUDGET IMPACT: N/A ATTACHMENTS: Ordinance Exhibit Map Letter 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: A, 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 BUSINESSEWEEMPO'2ARY CANNABIS EVENTS r § 155.320 CANNABIS BUSINESSES,HEMP BUSINESSES D TEMPORAKY EVENTS. (A) Purpose. The purpose of this section is to re ate 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 p%rposes for zo ' re aations as set forth in Section 155.001 and to ensure com 'bility of surrounding land u (B) The definitions of words and p An contained in Minn. Stat. § 342.01 and the Rules promulgated by the Office of Cannabis agement shall apply to this section unless defined differently hereine following words and phrases shall have the meanings stated: CANNMLTIVAT'ION and CULTIVATE CANNABIS. Growing cannabis plants from seed or immature plant to •• - re plant, harvesting cannabis flower from mature plant, packing and labeling immature 9 .nts 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 IIELIVERY 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. 1 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 ma ultivate cannabis and manufacture cannabis products and hemp products and package 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 ik ensed o ired to be licensed by the State of Minnesota as a cannabis retailer, cannabis mezzobusiness etail operations endorsement, cannabis microbusiness with retail operations dorsement, or 'c cannabis combination business operating a retail location."- CANNABIS RETAILER. A business that sells i re cannabis plants and seedlings, cannabis flower, cannabis products, hemp products, and o roducts authorized by law to customers and patients, excluding a cannabis microbusiness wi ta. operations endorsement and cannabis mezzobusiness with a retail operati orsement. CANNABIS TESTI FACILITY. b ess t btams and tests immature cannabis plants and seedlings, ca er, cannabis oducts, and hemp products. CANNABI PORTER. A business that transports immature cannabis plants and seedlings,cannabis flowe ,cannabis products, and hemp products to licensed cannabis businesses. CANNABIS WHOLESA . Alt.1191rs that purchases and/or sells immature cannabis plants and seedlings,cannabis flow annabis products,and hemp products from another licensed canris business, and/or imports derived consumer products and lower-potency hemp edibles. ,kik 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-POTyCY 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 2 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 medic nnabis retailers. MEDICAL CANNABIS RETAILER. A business that sel s medical cannabis flower and itmedical cannabinoid products to persons authorized by law to eceive tic products. TEMPORARY CANNABIS EVENT. An event las n 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 organi -r has a cannabis eveeorganizer license issued by the Office of Cannabis Manage?lient. (C) Zoning. The operation of a cannabis busin- , hemp business, and a temporary cannabis event, as the terms are defined herein, shall be limit- 9 roperty zoned for commercial, industrial, and agricultural uses as specifically set forth below . • h •e of cannabis business and hemp business: I , Guiding Commercial Industrial PD Zoning District NCC LB GB RB SC VB BP I-1 1-2 PD AG Business Type PD- Cannabis Retailer P P P P R Cannabis Microbusiness 1 P* P* P* Cannabis Mezzobusiness P* P* P* Cannabis Cultivator (Indoor only) P P P Cannabis Cultivator (Outdoor) P P P P Cannabis Manufacturer i 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* P Medical Cannabis Cultivator P P P (Outdoor) Medical Cannabis Processor P P P 3 PD- Medical Cannabis Retailer P P P P R Medical Cannabis Combination P* P* P* Business Lower-potency Hemp Edible P* P* P* Manufacturer Lower-potency Hemp Edible Retailer P PP PPP PD- R * Retail sale of its cultivated cannabis or manufactured cannabis products is 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 'strict regulations as set forth elsewhere in this Chapter. Notes: "P" means Permitted; and "PD-R" means Pe tted in Planned Deve pment districts (or zones therein)that permit freestanding or multi-t etail bu ing stores and slip. (D) Cannabis business and hem business regulations and performance standards. (1) Minnesota state license required. It is unlawful forottny 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) registratif required. Cannabis retail businesses and hemp retail businesses shall re ster with the city as required i ' e XI of this Code. ' fers. Cannabis businesse(shall not be located within: 1,000 fee o n elementary or secondary school (K-12 grades); (b) 10 fe of a state licensed day care center, including preschool programs, st. e icensed resi• tial treatment facility, or an attraction within a public park that is regularly used by minors, in ding a playground or athletic field; or [ 500-or-1000 feet (TBD)] of an existing lawful cannabis business, measured by a line fro 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 4 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 b ' esses, hemp businesses and temporary cannabis events. (H) Temporary cannabis event. (1) Restrictions. A cannabis event organizer�e ired to obtain a license from the state may host a temporary cannabis event provided e following requirements are met and the event complies with the requirements of a tempo outdoo vent regulated elsewhere in this Chapter: (a) A temporary cannabis event ma occur in those zoning districts as set forth above in this Section; (b) The setback fro any p erty line of a sidential use or residential zoned property shall be no less than 200 feet and the setback for annabis business as set forth elsewhere in this Section sha a ply to any temporary cannabis event; The event may last no nger than four(4) days (96 hours); and (d) Consum 'on or use annabis at or on the property of a temporary cannabis event is pr hibited. Section 2. Su ary approved. The City Council hereby determines that the text of the sumry 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 o title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be ava le 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. 5 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, or ATTEST: Christina M. Scipioni, City Clerk Date of Public Hearing: Date Ordinance Adopted: Date Ordinance Published in the Legal aper: diS ° 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 addi a Section 155.320 which establishes zoning and performance standards c abis businesses, hemp businesses, and temporary cannabis events. A printed copy of the ordinance is available for inspec ion by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Cgnter, 7100 147th Street W., Apple Valley, Minnesota 55124. y ii4cmitiliijor e # AIS) Cannabis Businesses Guiding Commercial Industrial Zoning District _----- BP I-1 1-2 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 PPP P P * Retail sale of its cultivated cannabis or manufactured cannabis products is a permitted accessory us the accessory retail sales regulations for the applicable zoning district regulations as set forth elsewhe **There are currently no properties zoned with this designation. "P"means Permitted;and "PD-R"means Permitted in Planned Development districts(or zones therein)that pe Preliminary Zoning Guide PD AG Notes 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 Retail sales of this product are permitted where any other retail sales are permitted PD-R by state statute e, provided the business has retail operation endorsement under its state license and shall be subject to re in this Chapter. rmit freestanding or multi-tenant retail building stores and shops. t Jensen Lake fr 1 lie , , cL\_. / ciDL-No____)Hairt ' 0 -- D1\41: /A � 2444 rd QD 4444 4r .,„, o 0 111 RAFIT ll %IL M y1 0 0) L 1 6,n �, 5 _ 41]*, R1 kt, il o 6 -,S) Ll b.� 1 w- yi 0 (7' - % & J���40th.5t-W' ° �� _—�1� X ��,�� g, _. r --..arr,,, �_/ o School* T ? ' Nu M I� � r `y a '� 1 .5 1000'Buffer !.rd ON!��lEti-- [1�I� 1 �. i i ��m�� ; Park* 145thStiW�., 1 i`o A .� m 1 1 % J/ 1� '�(� �='�1 �� F. n cu 500'Buffer 1,1��=j� ���in i J 1147th StW wu� �� Child Care/Preschool* 1I ,. 4 ��I 5,,,,, f — — Q500'Buffer s 3i,,,, __ 11 ^ m ge Ill n �� ( ) Residential Treatment Facility* I--i C1� � w 500'Buffer .i -�4^. r I. [ ( \,a E Land Use(2040) /� 1 E) ØL � =' f �' mi Commercial iIMI 711 �� ' l�i_� � n ( Industrial �■ I , �L f NE Mixed Business Campus -' JV — �� r �� 1 L 155th St W. L Ai ` �� Mixed Use & 'L \ \ -- , ' #*_N. _..^,' -M U ( `� • > 1, ��, . i57th 5t W ` I ' isn) i . ii) \- :__/,,T.bil 3 Fi ` — o o.zs os o.7s IrTrfilr 160thSt4 1,..,,.... ..,ci ,_ , . it- un- Miles 1 '—)o *Only those buffers that intersect with E �// properly zoned parcels are displayed here. ••••• CANNABIS RETAIL DISPENSARY BUFFER MAP Apple CITY OF APPLE VALLEY Valley � 8300 Norman Center Drive Larkin Hoffman Suite 1000 Minneapolis, MN 55437-1060 General: 952-835-3800 Fax: 952-896-3333 www.larkinhoffman.com September 17, 2024 Apple Valley Planning Commission Via Email Attention: Alex Sharpe, Planning and Economic Alex.Sharpe(a applevalleymn.gov Development Specialist City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 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. Sin ely, Jaco W. Steen, for Lar n 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 12/12/2024 Cannabis Ordinance Public Hearing Planning Commission Meeting September 18, 2024 APpVaIley 1 Action Requested It is the policy of the Planning Commission to not take action on an item the evening of the public hearing. The Commission is asked to open the public hearing, receive comments, and close the public hearing. APpVaIley 2 1 12/12/2024 Summary • 2023 — State of Minnesota legalized the possession, use, manufacturing, and sale of certain cannabis products. • July 27, 2023 — City of Apple Valley adopted Resolution 2023- 108 and Ordinance 1124 • Resolution 2023-108 authorized staff to begin study of a cannabis ordinance for local regulations Ordinance 1124 restricted the retail sale of cannabis products until January 1, 2025 A Valley 3 Summary • June 2024 - Office of Cannabis Management (OCM) releases their first version of "A Guide for Local Governments on Adult- Use Cannabis", which includes a model ordinance • August 8, 2024 — Staff sought preliminary policy direction from the City Council on three guiding policy questions. Should the number of retail cannabis businesses be capped? If so, how should licenses be determined? Should the number of retail cannabis businesses be capped? If so, how should licenses be determined? Which zoning districts should be considered for each type of use? AppValley 4 2 12/12/2024 Facts The City may not prohibit: The possession, transportation, or use of cannabis, or the establishment or operation of a cannabis business licensed under state law, nor may they require additional licensing of cannabis businesses. The retail sale of hemp-based products. The City may regulate where the product may be displayed within a retail location. The City may only regulate the time, place and manner of cannabis sales, production, or manufacturing of product. The zoning ordinance is proposed to be amended to state which zones specific uses may be, the number of registered businesses, and buffers Apple,. Valley between sensitive uses. 5 Timeline Cannabis Ordinance Tasks and Timeline Date Meeting/Event Purpose August 8,2024 CC Work Session Provide information to Council for policy direction August 24,2024 Public Hearing Notice PC holds public hearing September 18,2024 PC-Public Hearing Draft ordinance presented to Planning Commission October 16,2024 PC-Regular Action Seek PC recommendation on ordinance October 17,2024 Post final draft on website Must be posted 10 days before council action November 12,2024 CC Regular First reading of ordinance November 26,2024 CC Regular Second reading of ordinance-CC action November 27,2024 Publication of Ordinance Publication of ordinance at soonest date Apple Valley December 12,2024 CC Regular Back-up date for CC action-Publication in paper 6 3 12/12/2024 Policy Direction 1. Should the number of retail cannabis businesses be capped?If so, how should licenses be determined? Considerations • Licenses are for the retail sale of cannabis products, not hemp-based products. • Licenses are issued by OCM— registration can be done by the City. • Cities may cap licenses at one per 12,500 residents. • Apple Valley's current population is 56,252, which allows the City to cap at 5 total licenses if desired • 2040 population is 63,600 for a total of 6 licenses Council Direction: Limit the licensures to five (5) per statutory limitations Apple. Velley 7 Policy Direction 2. Should the City implement buffers as outlined in the State Statutes? Maximum buffer distances permitted by statute: • 1000 feet from schools • 500 feet from daycares • 500 feet from residential treatment facilities • 500 feet from "an attraction within a park that is regularly used by minors, including a playground or athletic field" Considerations To a 500'—1,000' Buffer Between Locations • What are the benefits and negatives to a buffer between retail locations? • Buffers are proposed to be taken from parcel lines • Apple Valley does not have buffers between uses for other land uses Does a buffer between cannabis retail sales locations prevent clustering? A Valley Council Direction: Yes, at the maximum buffers as allowed by statute (per draft map). Council also directed to evaluate buffers between retail sales locations. 8 4 12/12/2024 • _ IT • 0 .y ,L,Iiii„ ) . ;I: RArr _1 -.. idel—filyslipei-411-40141 r.‘k**; i ‘_ , =twat , ,.x,<,41,or-4aq k - .. ' MINIF., IPPR:atrrejt a ,,,r.; 5; Alirer.,-,,,,,, Va-fizt.Y.F.,410.. r -so-. ',_"� <nlu ca.e/v eYnod• J. f `�� . Neutlmtlal Treatment Facility' —4——iii ii rla;il moo . � lane Use MO) � mm 0 =m.,,..«..=:. Apple Valley CANNABIS RETAIL DISPENSARY BUFFER MAP APPVaIIeV CITY OF APPLE VALLEY 9 Policy Direction 3. Which zoning districts should be considered for each type of use? Considerations Current proposal based on where retail sales of off-sale liquor and/or tobacco retail sales are permitted manufacturers, wholesalers, transporters, testing facilities, delivery services, and medical producers are proposed as a Permitted use in Industrial zones Outdoor cultivation is proposed at a Permitted use in Agricultural zones Council Direction: Review and consider the Draft Land Use Table. Appiaiiey 10 5 12/12/2024 Cannabis Businesses Preliminary Zoning Guide Guidin Commercia Industri ningDistrict MINIM. BP I-1 I-2I■_ Notes Cannabis Retailer P P P P PD-R Cannabis Microbusiness P* P* P* With retail endorsement,retail sales could also occur if Cannabis Mezzobusiness P* P* P* With retail endorsement,retailsales could also occur Cannabis Cultivator(Indoor only) P P P Cannabis Cultivator(Outdoor) 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 P P P P Draft Ordinance does not allow the sampling of product at an event Cannabis Delivery Service P P P P P* P* P* Medical Cannabis Cultivator P P P P Medical Cannabis Processor P P P Processing is all indoors.Could be a permitted use? Medical Cannabis Retailer P P P P PD-R Medical Cannabis Combination Business P* P* P* If all activity is indoors,could this be a permitted use? _ower-potency Hemp Edible Manufacturer P* P* P* Retail sales of product produced on site is permitted in these zones ower-potency Hemp Edible Retai ■.,,.....■ Retail sales of this product are permitted where any other retail sales are permitted by state statute *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. **There are currently no properties zoned with this designation. '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. 11 • Questions? AppVaalley 12 6 12/12/2024 Action Requested It is the policy of the Planning Commission to not take action on an item the evening of the public hearing. The Commission is asked to open the public hearing, receive comments, and close the public hearing. APpVaIley 13 7 • ITEM: 5.A. ••••• • ••• PLANNING COMMISSION MEETING DATE: September 18, 2024 Apple Valley SECTION: Land Use /Action Items Description: Orchard Place Apartments Comprehensive Plan Amendment- PC24-11-P Staff Contact: Department/ Division: Tim Benetti, Community Development Director Community Development Department Applicant: Project Number: Trident Development, LLC and Rockport, LLC PC24-11-P Applicant Date: 7/26/2024 60 Days: 9/24/2024 120 Days: 11/23/2024 ACTION REQUESTED: The petitioners request a comprehensive plan amendment from "C" (Commercial) 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 City 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. This 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 approval of an amendment to the comprehensive plan from "C" (Commercial) to "HD" (High Density Residential). SUMMARY: Trident Development, LLC, submitted an application to amend the land use designation of a proposed 5.62-acre property from "C" (Commercial) to "HD" (High Density Residential). The subject property is located on the northwest corner of 157th St. W. and English Ave. The 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 Comprehensive Plan amendment is requested at this time. The request for a rezoning, subdivision, and site plan review/building permit authorization would be requested separately after the Comprehensive 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 Creek Greenway. 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. The plan showed the commercial center integrated with and connected to the trails and pedestrian amenities that are part of the North Creek Greenway. The 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 apaitinents which will help to provide rooftops and activity for the nearby retail shopping area. The petitioners request consideration of only the Comprehensive 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. The 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 Comprehensive Plan amendment application. BACKGROUND: Public Hearing Comments: The public hearing for this item was held August 21, 2024. The following comments and questions were raised by the Planning Commission members and the residents: 1. Will change to HD negatively impact the commercial area to the east or to the north? Staff response: The City has examples of apartment development abutting commercial development around the City's downtown (Parkside Gabella, Bigos-Nuvelo, Remington Cove). 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 City. 2. What is the vision for the development of this area? How will the proposed comp plan amendment fit in with overall vision? Staff response: The approved or current vision of this area is commercial, specifically retail business, hence the current RB zoning. This planned land use or guidance of this area was established by the City's 2040 Comprehensive Plan and land use map (adopted July 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. The 2040 Comp 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 Commission 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 Comp Plan - Ch. 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 forecasted housing growth in Orchard Place and other designated infill sites. Note that Apple Valley's recent apartment developments are closer to 40 units per acre. Under maximum density assumptions, there is sufficient acreage to accommodate the entirety of forecasted housing growth on these sites. Actual development will likely fall in between these two extremes. " The chapter further states: "The Land Use Chapter is an essential tool for meeting Apple Valley's housing needs. The City has successfully used the Land Use Plan with the related policies and official controls to produce livable, desirable neighborhoods, diversify the housing supply, and create affordable housing units. As housing needs change, these approaches can be adapted to help meet community objectives. " The request to change this area from Commercial 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 vacancy rate for retail development in the City? Staff response: The overall retail market has softened in the last few years while the need for multiple family housing continues to grow. The City's Comprehensive 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. The City Engineers confirm that the site is adequately served with utilities and streets; no significant changes are needed to City 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 Place is a prime location for commercial development. Maybe needs more time in order to develop? Staff 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/Commercial 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 development goals regarding multiple family development and retail? How might this project impact those goals? Staff response: The Community Context section of the Comprehensive 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: The current nationwide retail bubble requires monitoring and repositioning given the significant amount of retail space currently available in Apple Valley (Community 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. Apple Valley is committed to meeting its share of the regional affordable housing requirement and increasing local access to well-paying, head-of-household jobs (Community 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. Staff response: Site lighting requirements are found in City Code 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? Is the School District aware? Staff response: Staff reached out to Christopher Onyango-Robshaw, Director of Finance, for ISD 196. He stated the School District had no concerns with the proposed project. 8. The property north of the Orchard Place Townhomes is designated for "HD" (High Density) development like the subject site is requesting. Is there a concern that the proposed HD development might compete with development to west? Staff response: When Orchard Place Townhomes development reviewed, plans showed the lot to the north to be developed as attached townhomes. The expectation is that the area would be developed similar to the townhomes to the south with an attached townhome development. The proposed redesignation of the subject site would be for multiple family apaitnntents. 9. A 4-story building will be an eyesore. Orchard Place Townhomes is a 3-story development. Staff response: The 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. The City has seen a number of 4-story buildings constructed that have been received favorably: The Legacy of Apple Valley, Parkside Galante, Parkside Gabella, Bigos Nuvelo, Zvago at Central Village, Risor of Apple Valley and The 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 have more traffic. Staff response: The private sidewalks abutting the townhomes are private connections through the Orchard Place TH development. The bituminous trails abutting the pond are public pedestrian connections that are part of a City-wide trail network. Trail use is expected to increase as trail segments of the North Creek Greenway Trail are completed and connected. Once completed, the North Creek 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 TH development is not expected to be impacted. 11. Concern about increase in crime — more riff-raff on the trails. Staff response: It is common to receive this type of comment when reviewing a request for a change in land use. The rate of crime on the trails is not expected to increase as a result of this specific development. The public trails are expected to be used and enjoyed by the general public. 12. Concern about the number of apartment developments that have been constructed within the last 15 years. Staff response: It's true that there have been a number of new apai tiiient building developments constructed in Apple Valley recently. There 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 apaitiiients/condos and 3% in manufactured housing. 13. Concern that re-guiding the site to HD will result in a loss of jobs. Compared to our neighbors, Apple Valley has a lower number of jobs available in the City. Staff response: The 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. Jobs would be created as a result of this development for the ongoing management, leasing and maintenance of the apai tiiient building. Applicant Response: Trident provided the following information for jobs created to manage an apartment building of this size: "The proposed property would have professional, third party property management services. For a building this sized, we typically see staffing arranged as follows: • One full-time community manager • One full-time leasing/marketing manager • One full-time maintenance supervisor • One part-time management assistant • One part-time maintenance assistant Not all positions would be filled at first, 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: The Planning Commission must respond to the application submitted; it cannot direct a project to a different location. Applicant response: Based on past development experience, we find apailment projects greatly benefit from: • Close proximity to recreational trails • Close proximity to public parks/ball fields • Visibility from high-traffic thoroughfares • Quick access to major traffic arteries • Convenient 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 overcrowding. Staff response: The preliminary traffic study shows that the traffic levels for an apaittiient building would be lower than for a commercial area. "Overcrowding" is a perception of density and activity. The 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 English Avenue. Sometimes cars don't stop when we are about to cross English Ave. 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. Private amenities are now shown near the trail. Why are similar amenities in this area not planned for the community? Will the proposed development reduce the number of trailhead amenities? Staff response: The 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. The 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. The proposed apartment development plans show that a separate parcel would be created for the public trail link that would be dedicated to the City. The 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. The 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. The private amenities offered by the apartment development are for the use and enjoyment of the apailiirent residents. Those seeking more amenities than offered at the trailhead would find additional park amenities at Quarry Point Park, immediately south of 157th Street. BUDGET IMPACT: N/A ATTACHMENTS: Memo Map Applicant Letter Correspondence Correspondence Letter :••• ••••• ••• CITY OF Apple Valley 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. 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Proposed a�s•4 - pEP rs „ 21 am; rui ORCHARD PLACE {r ��(� �=����APARTMENTS c y �� �� 1 �1p i'l%F h N W Tvor,E �Ala !-�4 I Ebylv.. �. !Ilk_Vpdit4Il f'l. 11 iuvpp.a COMPREHENSIVE ram,�`■�iE' 4,7 PLAN MAP lai21«�IININIbe ,Legid 4; TRIDENT DEVELOPMENT 1200 25'Avenue South • St. Cloud,MN 56301 Phone: 320.258.4438 • 320.252.3603 July 24, 2024 Ms. Kathy Bodmer,AICP,City Planner Members of the Apple Valley City Council& Planning Commission City of Apple Valley 7100—147th Street West Apple Valley, MN 55124 HAND DELIVERED and Sent Via E-mail RE: COMPREHENSIVE PLAN AMENDMENT ORCHARD PLACE 2ND ADDITION—OUTLOT D Ms. Bodmer and Members of the City Council/Planning Commission: Trident Development, LLC is pleased to present this request for an Amendment to the Comprehensive Guide Plan Map for a proposed market-rate apartment community to be located near the intersection of 157th Street West and English Avenue(just west of Pilot Knob Road). The proposed apartment site would encompass the southerly 5.62+/-acres of what is currently Outlot D or Orchard Place 2nd Addition. An illustration of the proposed site area is included as an exhibit to this narrative. REQUEST This request is intended to apply only the 5.62+/-acres of Outlot D which is included in the Orchard Place 2"d Addition plat. The subject property is currently guided in the 2040 Comp Plan for commercial use and is currently zoned "RB" (Retail Business). This application is a request to amend the Comprehensive Plan to reflect a High Density Residential "HD"guide plan. If approved,we would further seek to re-zone as"PD" Planned Development. To accommodate the proposed apartment development,the Orchard Place 2nd Addition plat will be re-platted to create a separate legal parcel on which the HD(High Density Residential)would be designated with the amendment to the Comprehensive Guide Plan. The remaining portion of Outlot D would remain as an Outlot with no change to its land use designation. EXPLANATION Integrating high-density housing in close proximity to commercial/retail uses is a common land use pattern which serves to complement and benefit the nearby commercial businesses. Further, it offers convenient housing for the employees while the apartment dwellers enjoy convenient access to retail and services. Similar land use patterns can be found within the City of Apple Valley. One example can be found at Foliage and Gabella where apartments abut commercial uses. Another nearby example is Orchard Path senior living community situated immediately south/southeast of the Target-anchored retail center at 157th St W and Cobblestone Lake Parkway. High density housing often provides an appropriate transitional use between higher intensity commercial/retail areas and lower density housing developments. With the ever-changing retail Page 1 of 2 industry and the continuing housing shortage, retail developers are finding success in combining a high-density housing component to their commercial development plans. Numerous examples can be found in the Twin Cities. Our research and discussion with City Staff have determined that all required utility connections and stormwater management rules can be addressed with the proposed guide plan designation. No upgrades and extension of public utilities are anticipated for the proposed housing development. PROPERTY DATA Property Owner: Rockport, LLC c/o Liza Robson Telephone number: 952-432-8163 Address: 14698 Galaxie Ave,Apple Vally, MN 55124 Master Developer: H J Development, Inc. (Chris Moe) Telephone number:736-285-7236 Address:2655 Cheshire Lane No., Plymouth, MN 55477 Surveyor/engineer: Probe Engineering Co., Inc. (Chirstopher Ockwig) Telephone number: 952-432-3000 Address: 1000 E. 146th St.,Ste 240 Burnsville, MN 55337 LEGAL DESCRIPTION and PID Outlot D, Orchard Place 2nd Addition, Dakota County, Minnesota PID#01-55891-00-040 The proposed legal description of the newly created lot is enclosed with the application. Also enclosed are exhibits illustrating the proposed boundary lines of the subject property, landscape plan, building elevations, grading,and drainage plans. Furthermore, an abstractor's certificate of property ownership of all parcels within 350-feet is included along with mailing labels. Enclosed with this application, please find the following: • Illustration of proposed lot area to be considered prepared by Probe Engineering Company, Inc. • Certified mailing list of property owners(Radius Report)from First American Title. • Signed Deposit Agreement • Check in the amount of$2,591.00 representing an application fee of$879.00 plus an Escrow Amount of $1,712.00 for the Comprehensive Plan Amendment Application. If you have any questions, please do not hesitate to contact me at(612)242-6097 or Rogerf@tridentdevelopmentmn.com. full Roger ink Sr.Vice President Trident Development, LLC Enclosures C: Chris Moe, Hi Development Page 2 of 2 I IN ,1 r- r- -I- I -I- r\ r- r- -I- 1 A 1 I-- /, -I- I I 1--II I-e I-- I-- I "" I-- I 100 0 100 200 I ./ ./ I I I S./ I I % L- L- I V V L- S./ I ■ ■ ■ ■ ■ r • SCALE IN FEET <^. . 1 Ne `•<`� LEGAL DESCRIPTION FOR v.,;, Li_ ,Y, OUTLOT D, ORCHARD PLACE 2ND ADDITION S. (-) FOR COMPREHENSIVE PLAN AMENDMENT AND RE—ZONING PURPOSES S. _ _ t^ . ) PARCEL 1 N--) '-; The South 517.75 feet of Outlot D, ORCHARD PLACE ( 1.- 461,727SF 2ND ADDITION, according to the recorded plat ♦ 10.60AC `♦ L1- thereof, Dakota County, Minnesota as measured t „ T r, r perpendicular to and parallel with the south line of ' " " " III " `♦ said Outlot D. .< • NOTE: LEGAL DESCRIPTION IS FOR COMPREHENSIVE PLAN AMENDMENT AND REZONING PURPOSES. . ) �N' THIS DESCRIPTION vAY VARY FROv THE FINAL Ne 30UNDARY OF THE PROPOSED PROJECT. `. , V\ / I♦ 1 I T I I♦ T \ / --""------------------, \ <,‘, ( '\ I II I I I II I II ♦J' ♦J I I. ♦J' I L., N. ,-\ \_, --.T. 01 <` ) -T- V Vt _1 tJ 1 <,I ♦ i ,\ LEGEND / S. i PARCEL 2 7 , \ 000.0 DENOTES EXISTING ELEVATION 244,993 SF `-/ (000.0) DENOTES PROPOSED ELEVATION f 5.62 AC • 000.0 DENOTES AS BUILT ELEVATION le DENOTES DIRECTION OF SURFACE DRAINAGE • DENOTES IRON MONUMENT FOUND / O DENOTES IRON MONUMENT SET ■ DENOTES WOOD HUB DENOTES NAIL E❑ ® DENOTES EXISTING UTILITY BOX DENOTES EXISTING POWER POLE ( 0 DENOTES EXISTING LIGHT POLE ► I ® DENOTES EXISTING STORM MANHOLE ,1 r- r 7 -I- I I -1- r\ r'- r- -1- \ A / 1-- /, -I- 0 ❑ DENOTES EXISTING CATCH BASIN I ,\ I I I I I- I- I �I',I I-- I I \/ / I I I S./ I I \ I__ I__ I 1' 1' L- S./ I A DENOTES EXISTING F.E.S. -o DENOTES EXISTING HYDRANT ® DENOTES EXISTING SERVICE OR CLEANOUT © DENOTES EXISTING SANITARY MANHOLE rh DENOTES EXISTING CONSERVATION POST 4' OR WET LAND BUFFER POST B"TREE DENOTES EXISTING TREE 000.0 E - - DENOTES EXISTING RETAINING WALL I I DENOTES PROPOSED RETAINING WALL TM1. DENOTES EXISTING TREELINE DENOTES AREA OF DESCRIPTION ❑ DENOTES EXISTING FENCE P \ ,1 \ \1 \ ,1 \ 1 \ ,1 \ \ I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED REVISIONS PREPARED FOR: DESIGNED CHECKED SHEET CONSULTING ENGINEERS, BY ME OR UNDER MY DIRECT SUPERVISION AND HJ DEVELOPMENT EXHIBIT FOR OUTLOT D THAT I AM A DULY LICENSED LAND SURVEYOR DRAWN DATE PLANNERS and LAND SURVEYORS I N INEERINGUNDER THE LAWS OF THE STATE OF MINNESOTA.)4P1 JM 5/20/2024 % ✓ 2655 CHESHIRE LANE NORTH SCALE ORCI.1A.IDPLACE 2ND ADD+C M NY INC . PLYMOUTH, MN 55447AssHowNREV. JOB N0. DATE 5-22-2024 REG.NO. 48365 18492.01 APPLE VALLEY MINNESOTA 1000 EAST 146th STREET, BURNSVILLE, MINNESOTA 55337 PH (952)432-3000 `` �� ` , �,./ 1 i 1 ,111 , � L 41 ? is •W • • , + • s •t:), , • Q! u l®®®®e®® p % • • ay ®®®®®®�® l „., i - _ s ®®®®® • w - - - - •' s, . — , -4eb .06 � ®®®® IN 10 _,_, .„. ,--- . .„ . • • • • �V ti Yr 7r w • • r • • 0 qn W N a* • 4:04.. 11 • AD 11. f • 11 • 1 • . to- Li�i�11 _ of i ow. , , .,, 0 illtit _ . di • •.�� t r s •• • ` • : 0 QOU i • . 's' • 'lit firoffi!I t < .7414343E1.1 ,r • '��. •/. _ 4 r• '+ ..��— _%ib o a ix a Y o U 16.V 0 - Nit 1 s. . • 96- i , . , . . litig) i ,4, • 0 p:L. �• • o- • 1 _ - • • *♦ I• Jr - � • t •• •. •^ • . t - •• V V. �M i • III ipi. IIMM g u ``��1�1�11 111////I , • . _ i, . ., . + •r , • f t - - .- - __- - - r S. 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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< 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 �lor�Court February 23, 2024 To the Apple Valley Planning Commission, I am commenting on the 128-unit apartment building proposed to be built on the northwest corner of English Avenue and 157th Street, located in the Orchard Place Development. I do not support changing the zoning requirements from Retail Business. Apple Valley is primarily a bedroom community and we need more businesses to hire and employ our residents. When compared to our surrounding communities of Burnsville, Eagan, Rosemount, and Lakeville, Apple Valley is a desert for jobs. We have minimal commercial and industrial businesses for employment opportunities. We need more local businesses to provide employment for our community members. Orchard Place is a prime location for retail development in our city. This can easily be confirmed by observing the large volume of people traffic in this area throughout each and every day. Additional retailers will come, whether it be big-box or otherwise, they just need to be made aware of this wonderful opportunity to build in a very popular location. Remember the real estate saying: Location, Location, Location. Land in Apple Valley is nearly built out and residents need additional job opportunities. Please deny the zoning changes. Th�gk you,— G � � � - Je Brown Durham Way Apple Valley, MN 55124 4r1F� ®� GAT Breanna Vincent From: Miller, Mitch ) > Sent: Wednesday, August 21, 2024 10:44 AM To: Community Development; Community Development Subject: [EXTERNAL] Comments for 8/21 Planning Commission Meeting - Orchard Place Apartments/Trident CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am a current resident in the Orchard Place townhome community. See my questions/comments below. 1. Why aren't the apartments planned in another location north of the retail area with less traffic and not by current neighborhoods? 2. I have concerns about increased traffic and overcrowding. What is the plan for the English Ave and 157th St W intersection for pedestrians?There is currently no pedestrian crossing signs and cars sometimes don't stop when we are about to cross English Avenue. 3. The original plan was a commercial retail center connected to the trails and pedestrian amenities for all of the public to use.There will now be private amenities next to the greenway (dog run, sport courts, etc) in what was supposed to be a retail and community area for all. Why aren't there similar amenities in this new area planned for the community? Thank you, Mitch Miller CONFIDENTIALITY NOTICE: The information in this message, and any files transmitted with it, is confidential, may be legally privileged, and intended only for the use of the individual(s) named above. Be aware that the use of any confidential or personal information may be restricted by state and federal privacy laws. If you are not the intended recipient, do not further disseminate this message. If this message was received in error, please notify the sender and delete it. 1 TRIDENT HJ hj develo ment OPMT 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 apai tinent 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 Michael Schuler Chris Moe HJ Development Title President Date 09/11/*2024 TRIDENT HJ hj develo ment OPMT September 11, 2024 Les Schwab C/O JLL Brokerage Services Attn: Jeremy Grittner 250 Nicollet Mall, Suite 1000 Minneapolis,MN 55401 Jeremy.grittner@j11.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 apaitinent 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 155t'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-CBOD-4942-82DE-0428050326A5 TRIDENT HJ hj develo ment OPMT 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 apai tinent 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, ideL Signed by: Roger Fink Signature R�' Crzv, itsstaeson4D7�7"E.. Trident Development Ronald Chester Print Name Chris Moe HJ Development Title VP Date Sep 17, 2024 3:08 PDT I Re:Letter of Support for Orchard Place Multi-Family project Dear John. 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,liJ Development.This proposed project is to be a market rate 4 story apartment building that will be designed to tic 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 155'h 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 Signature10:1 Trident Development / J0� �` r Print Name �' �}` Chris Moe I J Development Title j after �e i ?2?4. Date 7/ /p� rC :4, y�t /'r S dreis - V 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.pnq 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, r •� Emily Cooper real estate manager I Mid-America&Mid-South Starbucks Coffee Company 404-632-7863 cell I 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 1:11 hj development 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 lir 312-561-0122 I E jwolleatPstarbucks.com From: Nicole Kimball <nkimball@hjdevelopment.com> Sent: Wednesday, September 11, 2024 3:12 PM To:Julie Wolleat<jwolleatlastarbucks.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 hj development 2655 Cheshire Lane North Plymouth,MN 55447 952-476-9400 (Office) 763-285-7231 (Direct) 952-476-9401 (Fax) hjdevelopment.corn TRIDENT HJ hj develo ment OPMT 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 apai tinent 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 David Currie Chris Moe HJ Development Title Owner Date 09/18/2024 TRIDENT HJ hj develo ment OPMT 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 apai tinent 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, RogerFink Signature 04✓ < g g Trident Development Print Name Ann Alaboud Chris Moe HJ Development Title President Date 09/18/2024 TRIDENT HJ hj develo ment OPMT September 11,2024 Texas 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 apai talent 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 155t'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 18t'', 2024. Best Regards, Roger Fink Signature Trident Development Print Name Chris Moe HJ Development Title Date 12/12/2024 Orchard Place Apartments Comprehensive Plan Amendment Planning Commission Meeting September 18, 2024 0 Apt Rey 1 Requested Action Continue the Discussion of a request from Trident Development group to re-guide certain land (5.62-acre parcel) from "C" (Commercial) to "HD" (High density residential, 12+ units/acre) Public Hearing was conducted and closed at the August 21, 2023, regular meeting (follow-up consideration of comments) PC asked to give final consideration of the comprehensive plan amendment from "C" (Commercial) to "HD" (High density le residential, 12+ units/acre) APPvalley 2 1 12/12/2024 Location 19 Mbilitigiagl I 7.iiii,-A 1-- .--' t .- EMI 111.1d.r.47.4.1& Map er- ,-- _ — ' --...w, 155th St w MOM 7 .-.-,-... _ _....,_ ____ . . ilOrrifi' v j"- ii,_7141 ' 1 ) • T a rg et , 0, toat4 0., Byerlys _- AppleValley - i mit-- !-.7 r ..., . Sou h F itt , • Schuler •- — I i l'Orati,lt Z OF-1 a 11'1; k i tryo ii ..._jChase T 1 .... 0 -..- --• o.nk 0 , -1,m„-:•-';...P:.!.- •• . ,16-7-•;;As- I-Li ,cr.p&Greerilk-', = :.-..t.1:Er-.1. mrra Newts Chirtle i E .' ---, . C 1 1 I Starhucks . -APP,oxed ti ' .W IT•nr I 1 '•IL , " li Les Schwab NM •.0 aay + i .." .go..I-•i E.- _a•l\, R1 '—,_ mwar1 a m„.■_-- -,`-_—'-...,-';-..'-n'r'-u'z'-, ,•IIkI R o-Ti,edt0 ' -c5i,2 -7 4M7 utu- 1c7th-, A . li _ z _ rMIley Y , ....... iHiallgil IF, ..< 4,J, E . . -"., ,., • IL Appian Valley mli is 3 Outlot D, Orchard Place 2nd Addition 72, OUT LH 'EtO1'8ENN'F'FINE'1'88'8%oE7J8E'E ) I\ —I ( \ 1 f 1 5.62 I ) I I _- ..,.... , / I I _I ...-- — :-------..e - •:.::.::.::- Applell., Vaey 7 EXHIBIT FOR OUTLOT D I'NCGO=G INC kt A-- ORCHARD PLACE 2ND ADD 4 2 12/12/2024 Comprehensive Plan �11 j,crLp A I!!!. 1 io aEl@® SITE .,,9F ®' SITE ,,cFF -1=•.. ph= nmm >Fmnl, c arun H D ME pPmmp ii - iw p = P I APcValley EXISTING"C"(Commercial) PROPOSED"HD"(High Density Residential, 12+ units/acre) 5 Zoning P°� a • SG co0 z - RB — Retail a PD-856 m Business I it _ FR717t o a �(- i DDF PD-703 PD-975 6 I 5 7 m� Msc SITE ...--.— 157TH ST • U PD-9 . '1 LI 0 t w I PD-975 ,� m z Elik. 5sir gt Valey 160TH ST W 6 3 12/12/2024 Site Plan iii , *. I At -::: (for illustrative purposes only r y; ° ;.1 YI rat..., _.' yy'Y, W r /1. ,,,.�.., _ ,�'"-: _. I IJ` 4 L.( % '. F Hr II T J I � >� z , t � w w+ a 9 III La.Z4 H yy _ I ;, ?z STORMWATER TREATMENT '� if" 17 o i i✓..��,� MOW NJ if y LOT r e1 - I tilt. vaney __ t - AL, A010 Exterior Building Design (example only) a E� 7. t M 8 4 12/12/2024 Site Plan - Trail Outlot W o: as3 ' �OOI`A OUTLOTB U 7a i'T i 33 Div Y3 t9 - � .4 I �I'J. �� 'i_sa o STORMWATER TREATMENT I®1 E "r"t_' ©� _ ° �// LOT i _ a i tha el Issues/Discussion 1 Have conditions changed that impact the land use vision for the area? Is multiple family residential development an appropriate use on this site? Will multiple family residents be impacted by the nearby commercial development, including some auto-oriented uses (car wash, tire installation store)? How can Apple.. conflicts be mitigated? yeey io 5 12/12/2024 Public Hearing Comments 1. Will change to HD negatively impact the commercial area to the east or to the north? Staff response: The City has examples of apartment development abutting commercial development around the City's downtown (Parkside Gabella, Bigos-Nuvelo, Remington Cove. 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 City. Aa'Valley 11 Public Hearing Comments 2. What is the vision for the development of this area? How will the proposed comp plan amendment fit in with overall vision? Staff response: Approved/current vision is commercial;est.by 2040 Comp Plan(July 2020). Areas can be changed due unforeseen economic forces(RE market,demand for certain uses--housing??) Comp Plan is not absolute; can be changed per direction/discretion) of leaders + input from residents/businesses Ch.5—Housing: "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 forecasted housing growth in Orchard Place and other designated infill sites." • "The Land Use Chapter is an essential tool for meeting Apple Valley's housing needs. The City has successfully used the Land Use Plan with the related policies and official controls to produce livable, desirable neighborhoods, diversify the housing supply, and create affordable housing units. As housing needs change, these approaches can be adapted to help meet community objectives." Changing from Commercial 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 Apple 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). 12 6 12/12/2024 Public Hearing Comments 3. What is the current vacancy rate for retail development in the City? Staff response: The overall retail market has softened in the last few years while the need for multiple family housing continues to grow. The City's Comprehensive 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. City Engineers confirm that the site is adequately served with utilities and streets; no significant changes are needed to City services to serve the site. Revised master development plan shows that the proposed development maintains the high quality and vibrancy that has been envisioned for the area. • Similarly, rates of 5 5%vacancy is typically considered healthy in area housing markets. Vacancy Apple levels below that indicate that market demand is not being adequately met. The high-density valley (apartments)vacancy rates in Apple Valley is low at 2.9%(end of March 2024). 13 Public Hearing Comments 4. Orchard Place is a prime location for commercial development. Maybe needs more time in order to develop? Staff 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/Commercial 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. Apple., 'Valley 14 7 12/12/2024 Public Hearing Comments 5. What are City development goals re: multiple family development and retail? How might this project impact those goals? Staff response: The Community Context section of the Comprehensive 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: The current nationwide retail bubble requires monitoring and repositioning given the significant amount of retail space currently available in Apple Valley (Community 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. Apple Valley is committed to meeting its share of the regional affordable housing requirement and increasing local access to well-paying, head-of-household jobs(Community Context 3-32)." AppValley Apple Valley has a high percentage of retail service and retail trade jobs while it has a low supply of affordable housing. 15 Public Hearing Comments 6. Light pollution from the commercial area is more of a nuisance than noise pollution. Staff response:Site lighting requirements are found in City Code 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? Is the School District aware? Staff response: ISD 196 indicated no concerns with the proposed project. 8. The property north of Orchard Place Townhomes is designated"HD"(High Density)development like the subject site is requesting. Is there a concern that the proposed HD development might compete with other developments? Staff response: When OP TH development reviewed, plans showed the lot to the north to be developed as attached townhomes. The expectation is that the area would be developed similar to the townhomes to the south with an attached townhome development. The proposed redesignation of the subject site would be for multiple family apartments. 9. A four-story building will be an eyesore. Orchard Place Townhomes is three story-development. Staff response: The 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. • The City has seen a number of 4-story buildings constructed that have been received favorably: The Legacy of Apple Valley, Aa'vealley Parkside Galante,Parkside Gabella,Bigos Nuvelo,Zvago at Central Village,Risor of Apple Valley and The Seasons are all four 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. 16 8 12/12/2024 Public Hearing Comments 10. Sidewalks around ponds(near my house)will have more traffic. Staff response: The private sidewalks abutting the townhomes are private connections through the Orchard Place TH development. The bituminous trails abutting the pond are public pedestrian connections that are part of a City-wide trail network. Trail use is expected to increase as trail segments of the North Creek Greenway Trail are completed and connected. Once completed, the North Creek Green way 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 TH development is not expected to be impacted. 11. Concern about increase in crime—more riff-raff on the trails. Staff response:It is common to receive this type of comment when reviewing a request for a change in land use. The rate of crime on the trails is not expected to increase as a result of this specific development. The public trails are expected to be used and enjoyed by the general public. 12. Concern about the number of apartment developments that have been constructed within last 15 yrs. Staff response:It's true that there have been a number of new apartment building developments constructed in Apple Valley recently. There has been strong market demand for apartment development and new Apple., 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. 17 Public Hearing Comments 13. Concern that re-guiding the site to HD will result in a loss of jobs. Compared to our neighbors, Apple Valley has a lower number of jobs available in City. Staff response: The 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. Jobs would be created as a result of this development for the ongoing management, leasing and maintenance of the apartment building. Applicant Response: "The proposed property would have professional, third-party property management services. For a building this size,we typically see staffing arranged as follows: One full-time community manager One full-time leasing/marketing manager One full-time maintenance supervisor One part-time management assistant. One part-time maintenance assistant. Not all positions would be filled at first, but as occupancy reaches 100%, more staff members are added as needed." Apple Valley 18 9 12/12/2024 Public Hearing Comments 14. Why aren't apartments planned in another location north of the retail area with less traffic and not by neighborhoods? Staff response:The Planning Commission 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: • Close proximity to recreational trails • Close proximity to public parks/ball fields • Visibility from high-traffic thoroughfares • Quick access to major traffic arteries • Convenient access to goods&services •Ability to live close to employment • We believe the Orchard Place site provides all of these location amenities. Valley 19 Public Hearing Comments 15. Apartments will result in increased traffic and overcrowding. Staff response: The 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. The 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 English Avenue. Sometimes cars don't stop when we are about to cross English Ave. 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. • Valley 20 10 12/12/2024 Public Hearing Comments 17. Original plan was a commercial retail center connected to the trails and pedestrian amenities for all of the public to use. Private amenities are now shown near the trail. Why are similar amenities in this area not planned for the community? Will the proposed development reduce the number of trailhead amenities? Staff response: 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. The proposed apartment development plans show that a separate parcel would be created for the public trail link that would be dedicated to the City. The 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. The 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. The Apple private amenities offered by the apartment development are for the use and enjoyment of the apartment Valley residents. Those seeking more amenities than offered at the trailhead would find additional park amenities at Quarry Point Park,immediately south of 157th Street. 21 INTERIM TRAIL % jCONNECTION a° 4,1 6 — NEW TRAIL y � SECTION ,"• i INEW TRAIL i BRIDGE m� NEW TRAIL SECTION A valley •L ' TRAII EXISTING ■ 22 11 12/12/2024 Affordable Housing Need Allocation At or below 30%AMI 221 31%to 50%AMI 118 51%to 80%AMI 129 Total Units 468 AMI=Area Median Income Area Median Income: $123,700 100',Area Median Income(DTS): S 123,700 80`_Area Median Income(LI): S 98.960—HomeReady Income Limit 50',Area Median Income(VLI): S 61,850 County:Dakota.MN FIPS 27037060823 Conforming Loan Limits: 1-unit dwelling:S 766,550 3-unit dwelling:S1,186,350 Apple 2-unit dwelling:S 981,500 4-unit dwelling:S1,474,400 valley Special Focus Area(s)-High Opportunity 23 Recommended Action Recommend approval of a Comprehensive Plan Amendment from "C" (Commercial) to "HD" (High Density Residential) of the 5.62-acre parcel on the northwest corner of 157th St W and English Ave Questions? Apple Valley 24 12 12/12/2024 I I Lak Jonathan Flats - Chaska Locat near Pioneer Trail and North ChestnutF oP�nghV.-t Excha: . ,9e' • • I y{ � '• • s tow, •t 1. o t• — • , ndIl' t:7 4 .t MTh Go&oi.@ot S 4 '4Y _, • • • ^s, R 1' r t Q Its :* / 4J. e '1 — / Co nst nos* LL III The Reserve at Arbor Lakes - Maple Grove I' Located near El Creek Boulevard North and Hemlock Lane North et 0, - 1" b 0 i 0 . IJ' 0 O O yet • g U C ' 0 • '''''' TRIDEN 0 A i 1 o mot. M . 11 X �/., lif 9 es • MU hj development I NI I i 2 1 12/12/2024 I The Reserve a Mendota Village - Mendota Heights Loc ed near Highway 62 and Highway 149 4 Slis, r N I.. ' .� '1 1 ' j is \ i 1 r ••oci . / i • 1`' • rri I % j r' Jt i. a i�p � m • TRIDEN / \ ( /� \, .,�/• V..�.- % DEVELOPMENT mah. developmen J ■ 1 3 I II Gallery On Nicollet - Burnsville Located near Highway 13 and Nicollet Avenue Edtere eelIVI;' r, %. ./ ,_ E t •S_o . r , -: ..ram 'en S --�\.` EI.GtII,Bu��pp411e' -. ( �h eif— 55' !: '• a f �. s. a•;P3y1 N•il' I / :t N Ilet•PI -� f '' i. c - - '* _ . _ ii E:,a � - � E T aveler Tail 4'_ j M E' e.�r^ , �� Ridge° twa '_tWc ..." 11. ,..-,' •• .., I . l26th'�$t * f, ---� �- .•1141 A T R I D E N fl ,..„.----L .s• ,f ® hj development ..2104. sr 1 1 . 4 2 12/12/2024 I 1 ■ Cit ue Apartments - Eagan LL Located ne jPromenade Avenue and Yankee Doodle Road T J h'n id 1 r - unlingl C i f E r i m * LIT,—rlT ,� 4.1.. y I' • . .�' f;'ni I I t ,'� 11 i s [. !i l4 : , I!f ° a .1 L 1 -4' r' Jo' 1. _- -ank Doodle Yank D oCle ntl _ • ni �J G G I I v .. - it TRIDEN Q I 0 DEVELOPMENT IIII 0 1 -` - - HJ h' developmen I 5 I I 'amsey Apartments Located ear Highway 10 and Armstrong Boulevard t : T1 + 4 ,.. I I I7NlArpNW *y` , / O -Trans �11 ,a O z I. ,r' 1 N�1 I ' 0 '` p`I =` +r a 1Cs *, ""brr 14MW&VC Nv: r r' /i - - 0 - : II mho TRIDEN r. q ® h' development 6 3 12/12/2024 I Flagstone laravel Apartments - Eden Prairie Locater Flying Cloud Drive and Prairie Center Drive o `'' _ a ' 41 b I.• 14 ,,` ;dam' r . ? . ,' •' ' 1. : ''f' '/ '` ' \. // N' 1 '' ' 41 i , ,,,,, , ,,,..„„.„.. , , ..., t „ . ,,, , „. . ,. _ „e_co. , ,.,r, • ,,,„ . „ , ie. N::;' ,. .<41 . .. .,.., 0. ,„ ._ ,, ,,, ,.,'',.i/ 10.. ,;,Ifi ,2, . .-t-'1., dy 4' , ,ram tI~/, C ' - .f 1 �:p,� TRIDEN •Y`,.9- c' ©' -i,'— ., e` :.^,,�j QIli, ` k .14�' R,.R DEVELOPMENT t> e ,. * 1 � ' MU h' developmen I 7 I 1 . Alcott &t To nline Apartments - Eden Prairie —IF Located ear Shady Oak Road and Red Circle Drive n , # L ( ar,'Y i Pdo or� I'edC.p �—. �� - .{r Mnn¢o7lvGiiLY p h n A Bak &• YC 19 a t nnonal 1 q ._r_ap�ca]n 5a j f..:%;0 R a � q o` R r Saley CPiNV�li estivil ' s'4 s t'lvn(er ipuci .• 'I 1' - .1.." -, ,"' ,E . . i$ r. Oi H tl E•p 55 s f Sp klnc ik ,, j 3e,. TRIDEN t I • .4) e• _ ..._ ,I ..., \ k _MOW _____-_-:_,... ,. .2, ) ® hl development ......._ 1 1 ■ 8 4 12/12/2024 I 1 ■ The Excha ge Apartments - New Brighton ' Located ear Silver Lake Road NW and Palmer Drive w naFarg'omxt — ---I :..�'1=mr�r+ Ta o , ran .. - •br�ok'Dr . 4dLtiif7r !44 to * I•N . B j !'O Cwbov�tZdtin, �� i+� a � n+, iiolt •charq: G. r _Ada1W4 2 ` ,r l . ; L * t - _ ` ON agh1rorIr ° , 5.'� II d 9� a:rs� O ,'I. qr.'°:.ni TRIDEN t�r • i%11' es 4 .� g• ' - _ - "LEVELOPME NT ,1bN t 51 h' developmen 1 9 I I Grove 81 Apartments - Cottage Grove I' Located near , 1th Street South and Hemmingway Avenue South 1d Par rove Library .. ' • l Par Grovapet yospnal •-' —�— u Coffee. N ' .Irr ` .. l aOh t (Y711C31Xi -.._ . ---a C' .L..C !•C• • 4 y4 re s If u �A �' • ,, Y ••• I ` Q �• �Ma a0:ome Does® / ' ' :',.74:4.,•, :.\-.H, • %�' nTRiDEN r. , ' d • ® h. development ,, , �` Par r r 1 10 5 12/12/2024 , — —1 — — . • • ' INITRI"1TiiI,RIIIIIill OIlllliliiiif i \ rt Iftli Iilrtnlm i �__ ) I IIII - _ t:•] 11111111111E 1,41:IIiIIIIII I t = I — uuuuuw Hlll�ill�� _ - - `-- V• .-. ! 0111111111111111111111111111111111141 IIIIIIIIIIIIIIII I i - 1 iiu uiuuuuiuu-I;iwilu tli 13 trill1 - 1I` :" .21I 1 & 1 lillllllllllllllull llJ ---_ �.- ;1 `__ III 111111111111111111111111111111I 1111 j hi i mum llIH _ HHH11 1HBI1111111111118 (II, 111111111 I IAIHIID I dlllllllllllllllttlt_ 1 - 011111111111101111111 i ) i _ _ J,n1I1 94441 11 1 i IIIII(I I I ,AIIIIIIIIIIIIIIIf.'�i�D - 1 �� I L - ----I — �— lL- ___I :— larErZi op k mley*Horn OUTIDT0 aolw1DRACE _- ,.„. CONCEPT tM, rllswi D t HIOe�E�ovrEr,1 "' Oilt,.-xos 11 ll w mu,um I' "=- Hit 1 O� -111Ii _ =- IIIIIIIIIIIIIIIIIII11I111IIIIIIIII1101111III0 3 . 1911111111111111111 }1111-0— i . IIIII ]7LN JWlf I • -r-u---n naulliui a o_ �•�- _,._ €Oil IIIIIIIIIIIIIIIIIIIIIIIIIIIItI 1 i i sca' �,,,,,,I,,,, __ 111H111110101IIIl1IIIIIB r1111111111I11N1N i_:1IIIIIIIIII I I I I I tt 1�_ 1 - 11111111111111DIIIIIIP9 I ""— ""^ �I I 11fH1111i1 III" -- - i -- --- • s„IIIIk 11++11 II� I n J L ,:nu1n111111III,I :411111{II11110 40. iamley.:5:- a,,,olo w, ---.6.. -- .�.�, 0011ClfIf RM1 IIIdN�fOR W ClYELOr11BIT ..• OY7 VMS 12 6 12/12/2024 Apple Valley Tenant Movement . Eltx rala — •• firtj'lip A'....` • 4 I up0t ... . ir*Jlct ), to * V _ltt_ I: .- . ar . yc �r..RR 0 � .3c " I ,--7,-,_ Q • X. 1. Daces Hot Chicken-took over a former Dairy Queen location at 149"StreetW&Granada Avenue 2. K-Golf-took over a former outlet store space in Times Square at Cedar Avenue 8149"Street W1111 3. Panera-took over a former Baker's Square at Cedar Avenue 8153'Street W 4. Qdoha-took over a former Panora at Gleason Path 8151•Street W 5. Nordstrom Rack-taking over a former Bed.Bath&Beyond space in Fischer Marketplace at Foliage Avenue&Florence Trail 6. Pet Supplies Plus&Foss Swim-took over a former Staples al 150"Street W&Flagstaff Avenue 7. Eagle Brook Church.took over a former Menards at 150"Street W&Flagstaff Avenue 8. Face Foundne.Restore Hyper Waserag8 Basecamp Fitness-took over a former Pica Ranch at Pilot Knob Road 8157"Street W I R 1 I) F N ® h' developmen 13 7 • ITEM: 6.A. ••••• • ••• PLANNING COMMISSION MEETING DATE: September 18, 2024 Apple Valley SECTION: Other Business Description: Review of Upcoming Schedule and Other Updates Staff Contact: Department/ Division: Breanna Vincent, Department Assistant Community Development Department ACTION REQUESTED: N/A SUMMARY: Next Planning 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: • Thursday, September 26, 2024 - 7:00 p.m. • Thursday, October 10, 2024 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A