HomeMy WebLinkAbout2025-05-07 Agenda Packet
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
May 7, 2025
PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A
7:00 P M
1.Call to Order
2.Approve Agenda
3.Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A.Approve Minutes of April 16, 2025 Regular Meeting
4.Public Hearings
A.PD-975 Impervious Surface Text Amendment
C onsider an ordinance amendment to Planned Development No. 975,
Zone 1 regarding impervious surface for lots 9,999 sq. ft. or less in area.
LO C AT IO N: Planned Development No. 975, Zone 1
A PPLIC A N T: Erik and Amy Edstrom
5.Land Use / Action Items
A.C annabis Microbusiness Text Amendments
C onsider the following:
1. Ordinance amendment to Planned Development No. 409 to allow for
a cannabis microbusiness.
2. Ordinance amendment to Section 155.320 (C annabis Businesses,
Hemp Businesses, and Temporary Cannabis Events) to allow
cannabis microbusinesses in planned developments.
LO C AT IO N: Planned Development No. 409 & All Other Planned
Developments
A PPLIC A N T: J ason Sewell (d/b/a HiRISH)
6.Other Business
A.Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, May 21, 2025 - 7:00 p.m.
Planning Commission - Wednesday, J une 4, 2025 - 7:00 p.m.
C ity Council - T hursday, May 8, 2025 - 7:00 p.m.
C ity Council - T hursday, May 22, 2025 - 7:00 p.m.
7.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able C hannel
180 and on the C ity's website at www.applevalleymn.gov
I T E M: 3.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:May 7, 2025
S E C T I O N:Consent A genda
Description:
A pprove Minutes of A pril 16, 2025 Regular Meeting
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve minutes of the regular meeting of April 16, 2025.
S UM M ARY:
T he minutes of the regular Planning Commission meeting is attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
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AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
April 16, 2025
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Vice Chair
Scanlan at 7:00 p.m.
Members Present: Paul Scanlan, Dave Schindler, Phil Mahowald, Becky Sandahl,
Jeff Prewitt, and Douglas Hlas
Member(s) Absent: Jodi Kurtz
City staff members attending: Associate Planner Sydnee Stroeing, Planner Carter Hayes,
Planning Consultant Jennifer Haskamp, Assistant City Engineer
Evan Acosta, City Attorney Sharon Hills, and Department
Assistant Breanna Vincent.
2. APPROVAL OF AGENDA
Vice Chair Scanlan asked if there were any changes to the agenda. – None.
MOTION: Commissioner Schindler moved, seconded by Commissioner Mahowald,
approving the agenda. Roll call vote: Ayes - 6 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of April 2, 2025
MOTION: Commissioner Hlas moved, seconded by Commissioner Sandahl, approving the
minutes of April 2, 2025. Roll call vote: Ayes - 6 – Nays – 0.
4. PUBLIC HEARING
None
5. LAND USE
A. Apple Valley Village Expansion (Cassia) – Transition Care Unit (TCU) Site
Plan/Building Permit Authorization
Consultant Planner Haskamp provided a brief presentation.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 16, 2025
Page 2 of 4
Commissioner Hlas asked if there were any concerns regarding the canopy.
Consultant Planner Haskamp stated that there are no concerns, but staff will
confirm that emergency vehicles will have access.
Commissioner Mahowald asked if the access off of Garrett Avenue will be
predominantly used for service access and not the primary driveway.
Consultant Planner Haskamp stated it is primarily for trash and deliveries and is
secondary access. Primary access would be from the north.
Vice Chair Scanlan asked for clarification on the darker gray section north of the
trash enclosure.
Consultant Planner Haskamp stated that it is a walkway from the building to the
trash enclosure.
The applicant, Andrew Centanni (VP of Building Design and Development for
Cassia), was present for questions.
MOTION: Commissioner Mahowald moved, seconded by Commissioner Schindler, to
recommend approval of a site plan building permit authorization of the Apple
Valley Village Expansion for development of a Transition Care Unit (TCU)
facility on Lot 2, Block 1, Apple Valley Commercial 4th Addition with the
conditions as noted. Roll call vote: Ayes – 6 – Nays – 0.
B. Kelley Park Improvements
Associate Planner Stroeing provided a brief presentation.
Parks Director Eric Carlson was present for questions.
Commissioner Hlas asked about the process for scheduling entertainment at the
park.
Parks Director Carlson stated that the Apple Valley Arts Foundations handles the
entertainment.
MOTION: Commissioner Mahowald moved, seconded by Commissioner Sandahl, to
recommend approval of variances to reduce building setbacks along streets for the
bandshell structure from 35’ to 20’ along Galante Lane, and from 35’ to 23’ along
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 16, 2025
Page 3 of 4
Fortino Street based on findings 1-5, subject to City Council approval of rezoning
Kelley Park from “PD-739” to “P”. Roll call vote: Ayes – 6 – Nays – 0.
MOTION: Commissioner Hlas moved, seconded by Commissioner Schindler, to recommend
approval of a variance to reduce building setbacks along streets for the
restroom/pavilion structure from 35’ to 20’ along 152nd Street West based on
findings 1-6, subject to City Council approval of rezoning Kelley Park from “PD-
739” to “P”. Roll call vote: Ayes – 6 – Nays – 0.
MOTION: Commissioner Prewitt moved, seconded by Commissioner Schindler, to
recommend approval of a variance to reduce parking setbacks along public streets
from 20’ to 13’ along Foliage Avenue, from 20’ to 10’ along 152nd Street West,
and from 20’ to 10’ along Fortino Street based on findings 1-6, subject to City
Council approval of rezoning Kelley Park from “PD-739” to “P”. Roll call vote:
Ayes – 6 – Nays – 0.
MOTION: Commissioner Hlas moved, seconded by Commissioner Schindler, to recommend
approval of a site plan/building permit authorization for the construction of a
bandshell structure, restroom, and pavilion structure, and other improvements at
Kelley Park subject to City Council approval of rezoning Kelley Park from “PD -
739” to “P”. Roll call vote: Ayes – 6 – Nays – 0.
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, May 7, 2025, 7:00
p.m. The next City Council meeting is Thursday, April 24, 2025, 7:00 p.m.
7. ADJOURNMENT
Vice Chair Scanlan asked for a motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Hlas, to adjourn the
meeting at 7:36 p.m. Roll call vote: Ayes – 6 – Nays – 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 16, 2025
Page 4 of 4
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 05/07/2025 . Jodi Kurtz, Chair
I T E M: 4.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :May 7, 2025
S E C T I O N:P ublic Hearings
Description:
P D-975 I mpervious Surface Text Amendment
S taff Contact:
S ydnee Stroeing, A ssociate P lanner
Department / Division:
Community Development Department
Applicant:
E rik and Amy Edstrom
P roject Number:
P C25-09-Z
Applicant Date: 4/10/2025 60 Days: 6/9/2025 120 Days: 8/8/2025
AC T I O N RE Q UE S T E D:
Open the public hearing, receive comments and close the public hearing. It is the policy of
the Planning C ommission not to act on an item the evening of the public hearing. However, if
there are no outstanding public comments or questions, and the Planning C ommission
concurs, staff recommends the following:
Recommend approval of the draft ordinance amending Article 34, Planned Development No.
975 of the C ity Code by amending impervious surface requirements.
S UM M ARY:
Erik and Amy Edstrom (applicant) of 6085 158th C ourt West, have requested a zoning code
text amendment to "PD-975", Zone 1 (Planned Development N o. 975). T he request is to
consider amending the impervious surface coverage requirements for lots that are 9,999 sq.
ft. or less in area to allow an additional 10% impervious surface coverage if an on-site
stormwater management facility is approved and utilized to mitigate the additional
impervious surface.
T he applicant's property is within PD-975, Zone 1 with a lot size of 9,186 sq. ft. T he
maximum impervious surface coverage in P D-975, Zone 1 for all lots is 35%. T he applicant
would like to install an inground pool, which would increase the impervious surface coverage
of their property to 45%. T his would not be allowed unless the PD ordinance was amended.
T he applicant is also working with the Natural Resources D epartment to apply for a
residential stormwater mitigation facility application and shows that the additional 10% of
impervious surface caused by the pool would be mitigated by an on-site rain garden. If the
requested PD amendment is approved, the residential stormwater mitigation facility
application and corresponding maintenance agreement would be processed and approved
through the Natural Resources Department.
B AC K G RO UND:
PD-975, Zone 1 consists of single-family properties ranging in lot area from approximately
20,000 sq. ft. to 8,450 sq. ft. Zone 2 consists of public stormwater ponding areas. T he
maximum impervious surface coverage for all lots in Zone 1, regardless of lot size, is 35%.
T his is more restrictive than what is required for impervious surface coverage requirements
for properties within standard single-family zoning districts (R-1, R-2, R-3) as shown on the
chart below:
Table from Section 155.350(C)
Standard impervious surface coverage requirements are broken down by lot size. T his allows
for proportionate amount of impervious surface coverage based on the lot area. Additionally,
Section 155.350 (Drainage Requirements) states that maximum impervious surface area
allowed may be increased up to an additional 5% upon a showing of circumstances
supporting good cause for additional impervious surface area upon the installation of a city
approved on-site stormwater management facility. T his means that any lot within the standard
residential zoning districts would be allowed an additional 5% impervious surface coverage
above the maximum if on-site stormwater management is utilized and approved by the City
through an application process. Lastly, Section 155.350 also details that PDs are subject to
the maximum impervious coverage as shown in the above table unless specifically addressed
within the individual P D requirements. P D-975 specifically addresses impervious surface
coverage so properties within this PD are not subject to the table above.
As noted above, P D-975 limits all lots to 35% impervious surface coverage. T he ordinance
as drafted would allow for lots 9,999 sq. ft. or less in area to have a similar maximum as the
standard requirements (45%) -- the additional 10% impervious would need to be mitigated for
with an on-site stormwater management facility as approved by the C ity through a residential
stormwater mitigation facility application. T here are approximately 77 properties out of 166
properties within PD-975, Zone 1 that are 9,999 sq. ft or less in area.
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Z oning Map
Ordinance
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¯PD-975, Zone 1
Zoning Map
Subject Properties
0 650325 Feet
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155-APPENDIX F, ARTICLE 34 OF THE CITY CODE
BY AMENDING IMPERVIOUS SURFACE REQUIREMENTS FOR PLANNED
DEVELOPMENT NO. 975
The City Council of Apple Valley ordains:
Section 1. Chapter 155-Appendix F, Article 34 of the Apple Valley City Code is
amended by revising Section A34-5(A)(1), in part, to read as follows:
§ A34-5(A)(1) Table of minimum area standards and requirements
(A) The following minimum area standards and requirements shall be met and no
improvements shall be placed on such lands unless the lands to be used or improved shall
meet the following area and dimensional requirements.
(1) Table of minimum area standards and requirements
Specification Zone 1
* * * *
Maximum impervious surface
coverage(percent)3
35
* * * *
NOTES TO TABLE
* * * *
3 – Lots sized 9,999 sq. ft. or less may increase
impervious surface coverage up to an additional
10% upon showing a circumstance supporting
good cause for additional impervious surface
area in excess of the limitations herein and upon
installation of a city approved on-site
stormwater management facility. An application
for a request hereunder shall be filed with the
City Clerk upon an application form furnished
by the city. The application fee and a
performance security escrow shall be in an
amount established by City Council resolution,
shall be paid and filed with the application.
2
Section 2. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the intent
and effect of the ordinance.
Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons 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.
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 ________, 2025.
Clint Hooppaw, Mayor
ATTEST:
Christina M. Scipioni, City Clerk
3
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155-APPENDIX F, ARTICLE 34 OF THE CITY CODE
BY AMENDING IMPERVIOUS SURFACE REQUIREMENTS FOR PLANNED
DEVELOPMENT NO. 975
The following is the official summary of Ordinance No. ____ passed by the City Council of Apple
Valley on _________________, 2025:
This Ordinance amends Chapter 155-Appendix F, Article 34 (Planned Development
No. 975) by amending impervious surface requirements for lots sized 9,999 square
feet or less to allow for an additional 10% of impervious surface coverage upon a
showing of good cause and upon the installation of a city approved on-site
stormwater management facility.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
I T E M: 5.A.
P L A NNI NG C O MMI S S I ON ME E T I NG D AT E :May 7, 2025
S E C T I O N:L and Use / A ction I tems
Description:
Cannabis Microbusiness Text Amendments
Staff Contact:
Sydnee S troeing, A ssociate P lanner
Department / D ivision:
Community D evelopment Department
Applicant:
J ason S ewell
P roject Number:
P C25-04-Z
Applicant Date: 2/19/2025 60 Days: 4/20/2025 120 D ays: 6/19/2025
AC T IO N RE Q UE S T E D:
T he decision to amend a zoning district to allow a use that is currently not a permitted or conditional
use is a policy related decision. In the C ommission's consideration of the requested amendment to
allow a cannabis microbusiness as a use, the C ommission could consider whether or not the operations
of a cannabis microbusiness are similar with the intended purpose and current allowed uses of PD-
409. T he intended purpose and current allowed uses within PD-409 are detailed in the report.
Since the decision to add a use to district is a policy decision, staff is providing the following options
in consideration of the requested amendments:
If the Planning C ommision determines that P D-409 should be amended to allow a cannabis
microbusiness, then the action would be:
1. Recommend approval of the draft ordinance amending Article 16, Planned Development
No. 409 of the City C ode by allowing cannabis microbusiness as a conditional use with the
conditions as drafted.
2. Recommend approval of the draft ordinance amending Section 155.320(C) regarding
cannabis microbusiness in Planned Development districts.
If the Planning C ommission determines that PD-409 should not be amended to allow cannabis
microbusiness, then Section 155.320 would be:
1. Recommend denial of the draft ordinance amending Article 16, Planned Development No.
409 of the City Code by allowing cannabis microbusiness as a conditional use with the
conditions as drafted.
2. Recommend denial of the draft ordinance amending Section 155.320(C) regarding cannabis
microbusiness in Planned Development districts.
S UM M ARY:
J ason Sewell (d/b/a HiRISH), has requested to amend Planned Development No. 409 to allow
cannabis microbusinesses within the PD. Cannabis Microbusinesses are currently not a permitted use
in Planned Developments per Section 155.320 (Cannabis Businesses, Hemp Businesses, and
Temporary Events). T herefore, the applicant has also requested an amendment to Section 155.320 to
allow for cannabis microbusinesses in Planned Developments.
T he applicant is currently working through the State application process that is regulated by the O ffice
T he applicant is currently working through the State application process that is regulated by the O ffice
of C annabis Management (O C M) for licensing and operating a cannabis related business and has
received preliminary license approval from the State. T he preliminary approval through the State
allows the applicant 18 months to obtain a cannabis microbusiness license. T he next step for the
applicant in this process would be to find a business location that is adequately zoned for the related
cannabis use. T he applicant wishes to operate a cannabis microbusiness at 6950 146th Street West.
T he amendment to Planned Development No. 409 would apply to all properties within it. All
properties have been notified of the proposed request and public hearing. Staff has not received any
comments to date.
T he public hearing for the text amendments was held on April 2, 2025. Public hearing responses are
discussed below.
B AC K G RO UND:
T he C ity adopted a cannabis related zoning ordinance on October 24, 2024. T he ordinance established
zoning and performance standards for cannabis businesses, hemp businesses, and temporary cannabis
events. Section 155.320 includes a chart that depicts which cannabis businesses are allowed in
specific zoning districts, including Planned Developments:
T he applicant is seeking to allow a cannabis microbusiness at 6950 146th Street West. T his property
is within Planned Development No. 409 (PD-409). P D-409 has one zone only -- an amendment to this
PD will apply to each property within it. T his Planned Development is intended to provide for an
integrated mix of limited industrial, general business, retail business and limited business uses.
Cannabis microbusinesses are currently allowed in the Industrial zoning districts only (subject to
additional requirements as set forth in Section 155.320).
Per Section 155.320, a cannabis microbusiness is defined as "A business that may cultivate cannabis
Per Section 155.320, a cannabis microbusiness is defined as "A business that may cultivate cannabis
and manuf acture cannabis products and hemp products and package such products f or sale to
customers or another licensed business, and that may operate a single retail location with a retail
operations endorsement." T he applicant has submitted a draft floor plan of the business that indicates
the indented use of growing, packaging, distributing, and selling cannabis products in one location.
PD-409 currently allows the following uses that are similar to the operations of a cannabis
microbusiness:
Light fabrication, manufacturing and assembly, including the fact that some or all goods produced
are retailed on site.
Research or testing laboratory conducted entirely within a building.
Retail, sales and service uses subject to floor area maximum.
Staff has prepared two draft ordinances -- to amend PD-409 and Section 155.320, attached hereto.
T he draft ordinance related to the PD-409 amendment includes language allowing a cannabis
microbusiness as a conditional use with subsequent conditions. If these amendments are approved as
drafted, a conditional use permit would be required.
In order to consider allowing this use at this property, the Planning Commission must first review if
PD-409 should be amended to allow a cannabis microbusiness. If the Planning C ommission
determines that a cannabis microbusiness aligns with the intended purpose of P D-409 and can be a
conditional use in this PD, then Section 155.320 must be amended to allow cannabis microbusinesses
in Planned Developments in general. T he amendment to Section 155.320 would include allowing
cannabis microbusinesses as an allowed use with all PDs when specifically allowed as a permitted or
conditional use under the zoning regulations of the specific PD district. Meaning that an individual PD
district would have to be amended to allow a cannabis microbusiness. T his would allow the Planning
Commission and City C ouncil to review individual PDs as requested to determine if a cannabis
microbusiness is an appropriate use within that specific district.
P ublic Hearing: T here were no comments from the public during the public hearing held on April 2,
2025, but the Commissioners had several outstanding questions related to the request. Staff and the
applicant have provided answers to the questions and comments made by the Commissioners below.
T he applicant's full response is included as an attachment to this report.
1. History of P D-409: T he ordinance creating PD-409 was officially adopted in the C ity C ode
in 1988. T he purpose of PD-409 is to allow for an integrated mix of limited industrial, general
business, retail business and limited business uses. T he properties within PD-409 were originally
zoned "I-1" or "I-2" (Limited Industrial and General Industrial). T he rezoning to PD was to allow
for a wider range of permitted commercial uses than what was allowed under the previous zoning
of I-1 and I-2. PD-409 is a hybrid of I-1, "G B" (General Business), and "RB" (Retail Business)
zoning districts. T he PD ordinance was drafted and adopted to limit retail and limited businesses
uses to 35% of the total floor area of buildings within P D-409 to ensure that the district did not
lose the industrial character as it is guided as an industrial land use.
2. E xisting uses/tenants within the multi-tenant building: T he applicant has provided a
document that shows the current utilization and tenant mix of the multi-tenant building at the
subject property (attached). T here are 12 tenant spaces within the building, two of which are
currently vacant. T he remaining suites are filled with various businesses.
3. Has the applicant considered locations where cannabis microbusinesses are currently
allowed in Apple Valley?
Staff Response: C annabis microbusinesses are currently allowed in "BP" (Business Park),
I-1, and I-2 zoning districts. It appears that there are approximately 14 properties zoned for
industrial use that do not have a buffer requirement. Please note that this does not mean that
all 14 properties are available for sale or for lease, or are suitable for development.
Applicant Response: T he applicant has provided a response of the locations that are
available within the industrial zoning districts. T he applicant has stated that all available
locations that are zoned to allow a cannabis microbusiness are impacted by buffers. Please
see the applicant's full response for specific locations that were considered.
B UD G E T I M PAC T:
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Applicant L etter
Area Map
Z oning Map
Z oning Map
Map
Applicant L etter
F loor P lan
Ordinance
Ordinance
6950 W 146TH ST OCCUPANCY RATIO
EXISTING:
SUITE TENANT RETAIL SQ.FT. OFFICE SQ.FT.TOTAL SQ.FT.
100 VACANT 0 0 6358
104-106 CROSSFIT 0 0 2074
110 ROTECH 0 1022 2255
112-114 EDUCATION MINNESOTA 0 4510 4510
116 LIBERTY AUTO GLASS 0 280 1870
118 RIO JITSU 0 0 4565
120 ANYTIME PUPPY PLAYGROUND 0 0 4416
124 STONEHILL CONTRACTING 0 450 2240
126 Kimlytech 0 251 2240
128 VACANT 0 0 4386
TOTAL SQ. FOOTAGE:0 6513 34,914
PROPOSED:
128 HiRISH <1000 4386
BUILDING TOTAL SQUARE FOOTAGE: 34,914 SQ.FT
BUILDING TOTAL RETAIL SQUARE FOOTAGE: 0
BUILDING TOTAL OFFICE SQUARE FOOTAGE: 6,513 SF
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¯Cannabis Microbusiness
Location Map
Subject Property
6950 146th Street West
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¯Cannabis Microbusiness
Zoning Map
Subject Property
6950 146th Street West
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^
¯Planned Development No. 409
Subject Planned Development
0 650325 Feet
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE,”
CHAPTER 155-APPENDIX F, ARTICLE A16 OF THE CITY CODE BY ADDING
CANNABIS MICROBUSINESS AS A CONDITIONAL USE WITHIN PLANNED
DEVELOPMENT NO. 409, ZONE 1
The City Council of Apple Valley ordains:
Section 1. Chapter 155-Appendix F, Article A16 of the Apple Valley City Code is
amended by adding Section A16-3(2)
§ A16-3 CONDITIONAL USES.
Zone 1. Within this zone, no structure or land shall be used for the following use or uses deemed
similar by the City Council except through the granting of a conditional use permit:
* * * *
(2) Cannabis Microbusiness as regulated in §155.320, subject to the following
additional conditions:
(a) All cannabis microbusiness activities shall occur and take place indoors
of a delineated identified space of the primary building on site. Outdoor operations of any
kind are prohibited.
(b) No retail sales of cannabis or cannabis products shall be permitted
except in conjunction with a cannabis microbusiness in operation on the site and with a
retail operations endorsement
(c) An odor mitigation plan shall be submitted with the application and all
cultivation, manufacturing, processing and packaging operations shall be in compliance
with the odor mitigation plan and MN licensing regulations. The space in which the
operation is located shall be equipped with and in operating condition odor control filtration
and ventilation system(s) to control odors, humidity, and mold.
(d) Off-street loading areas in conjunction with a cannabis microbusiness
is subject to §155.354.
(e) On-site retail operations in conjunction with a cannabis microbusiness
are subject to §A16-2(19).
Section 2. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
2
determines that publication of the title and such summary will clearly inform the public of the intent
and effect of the ordinance.
Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons 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.
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 ________, 2025.
Clint Hooppaw, Mayor
ATTEST:
Christina M. Scipioni, City Clerk
3
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING TITLE XV OF THE CITY CODE ENTITLED "LAND USAGE,”
CHAPTER 155-APPENDIX F, ARTICLE A16 OF THE CITY CODE ADDING
CANNABIS MICROBUSINESS AS A CONDITIONAL USE WITHIN PLANNED
DEVELOPMENT NO. 409 ZONE 1
The following is the official summary of Ordinance No. ____ passed by the City Council of Apple
Valley on _________________, 2025:
Chapter 155 of the City Code is revised to allow a cannabis microbusiness as a
conditional use within Planned Development No. 409 Zone 1, and establish
regulations thereof.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 155 OF THE CITY CODE ENTITLED "LAND USAGE” BY AMENDING
SECTION 155.320(C) REGARDING CANNABIS MICROBUSINESS IN PLANNED
DEVELOPMENTS DISTRICTS
The City Council of Apple Valley ordains:
Section 1. Title XV of the Apple Valley City Code is hereby amended by revising Section
155.320(C) to read as follows:
(C) Zoning. The operation of a cannabis business, a hemp business, and a temporary
cannabis event, as the terms are defined herein, shall be limited to property zoned for commercial,
industrial, and agricultural uses as specifically set forth below for each type of cannabis business
and hemp business:
Guiding Commercial Industrial PD AG
Zoning District NCC LB GB RB SC VB BP I-1 I-2 PD
Business Type
Cannabis Retailer P P P P PD-R
Cannabis Microbusiness P* P* P* **
Cannabis Mezzobusiness P* P* P*
Cannabis Cultivator (Indoor only) P P P
Cannabis Cultivator (Outdoor) P P P P
Cannabis Manufacturer P P P
Cannabis Wholesaler P P P
Cannabis Transporter P P P
Cannabis Testing Facility P P P
Cannabis Event Organizer Temporary Event P P P P
Cannabis Delivery Service P P P P P* P* P*
Medical Cannabis Combination Business
(Retail location only) P P P P PD-R
Medical Cannabis Combination Business
(Cultivation and processing)
P* P* P*
Lower-potency Hemp Edible Manufacturer P* P* P*
Lower-potency Hemp Edible Retailer P P P P P P PD-R
* Retail sale of its cultivated cannabis or manufactured cannabis products is a permitted
accessory use, provided the business has retail operation endorsement under its state license and
shall be subject to the accessory retail sales regulations for the applicable zoning district
regulations as set forth elsewhere in this Chapter.
** Cannabis Microbusiness may be allowed within a Planned Development district (or zones
therein) when specifically allowed as a permitted or conditional use under the zoning regulations
of the specific Planned Development district, subject to the provisions herein.
Notes: “P” means Permitted; and “PD-R” means Permitted in Planned Development districts (or
zones therein) that permit freestanding or multi-tenant retail building stores and shops.
Section 2. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the intent
and effect of the ordinance.
Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons 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.
Section 5. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
.
PASSED this ___th day of _____, 2025.
_______________________________
Clint Hooppaw, Mayor
ATTEST:
______________________________
Christina M. Scipioni, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 155 OF THE CITY CODE REGULATING ZONING BY AMENDING
SECTIONS 155.320 ADDING CANNABIS MICROBUSINESS AS A PERMITTED
USE IN PLANNED DEVELOPMENTS
The following is the official summary of Ordinance No. ____ passed by the City Council of Apple
Valley on _________________, 2025:
Chapter 155 of the City Code is revised to allow a cannabis microbusiness within
Planned Development districts (or zones therein).
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
I T E M: 6.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :May 7, 2025
S E C T I O N:Other Business
Description:
Review of Upcoming S chedule and Other Updates
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Next P lanning Commission Meetings:
Wednesday, May 21, 2025 - 7:00 p.m.
Applications due by 9:00 a.m. on Wednesday, April 23, 2025.
Wednesday, J une 4, 2025 - 7:00 p.m.
Applications due by 9:00 a.m. on Wednesday, May 7, 2025.
Next City Council Meetings:
T hursday, May 8, 2025 - 7:00 p.m.
T hursday, May 22, 2025 - 7:00 p.m.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A