HomeMy WebLinkAbout2025-08-06 Agenda Packet
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
August 6, 2025
Planning Commission Tentative Agenda
7:00 PM
1. Call To Order
2. Approve Agenda
3. Consent Agenda
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 regular agenda for
consideration.
A. Approve Minutes of July 16, 2025 Regular Meeting
4. Public Hearings
A. Planned Development No. 1144 (PD-1144) Setback Amendment
1. Consider an ordinance amendment to Planned Development No.
1144, Zone 2 regarding the rear lot setback requirement.
B. §155.320 (Cannabis Businesses, Hemp Businesses, and Temporary
Cannabis Events) Text Amendment
1. Consider an amendment to §155.320 (Cannabis Businesses, Hemp
Businesses, and Temporary Cannabis Events) to address the
procedure of measuring setback buffers for cannabis businesses.
C. §155.397 (Variances) Text Amendment
1. Consider an amendment to §155.397 (Variances) regarding public
hearing requirements.
5. Land Use / Action Items
A. Resolution Declaring City-Owned Lands (Central Village West Site) as
Surplus and in Conformance with 2040 Comprehensive Plan
6. Other Business
A. Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, August 20, 2025 - 7:00 p.m.
Planning Commission - Wednesday, September 3, 2025 - 7:00 p.m.
City Council - Thursday, August 14, 2025 - 7:00 p.m.
City Council - Thursday, August 28, 2025 - 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.
MEETING DATE: August 6, 2025
SECTION: Consent Agenda
Description:
Approve Minutes of July 16, 2025 Regular Meeting
Staff Contact:
Breanna Vincent, Department Assistant
Department / Division:
Community Development
Action Requested:
Approve minutes of the regular meeting of July 16, 2025.
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:
1. 071625 PC MINUTES
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
July 16, 2025
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, Dave Schindler, Phil Mahowald, Becky
Sandahl, Jeff Prewitt, and Douglas Hlas
Member(s) Absent: Dave Shindler
City Staff: Community Development Director Tim Benetti, City Planner Terri
Dill, Assistant City Engineer Evan Acosta, City Attorney Bob
Bauer, 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 Mahowald,
approving the agenda. Roll call vote: Ayes - 6 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of July 2, 2025
MOTION: Commissioner Scanlan moved, seconded by Commissioner Mahowald,
approving the minutes of July 2, 2025. Roll call vote: Ayes - 6 – Nays – 0.
4. PUBLIC HEARING
A. Valley Station Apartments
Chair Kurtz opened the public hearing.
City Planner Dill provided a brief presentation.
Commissioner Prewitt asked why the applicant was requesting the change from 16
to 48 units per acre when 48 is within the 2040 Comprehensive Plan.
City Planner Dill stated that the land is guided within the Comprehensive Plan to
allow 48 units per acre, but the current zoning only allows up to 16 units per acre.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
July 16, 2025
Page 2 of 6
Commissioner Scanlan stated concerns over the number of parking spaces
proposed. Commissioner Scanlan asked if the Fire Department has any concerns
over egress/ingress for emergency vehicles.
City Planner Dill stated that they have received the plans, and no comments have
been made.
Commissioner Scanlan asked that a parking and lighting plan be provided at the
next meeting. He asked if there has been any discussion regarding the request for
an additional 2 stories from 3 to 5.
City Planner Dill stated that the 5-story plan was submitted as part of their RFP
submitted to the City for the sale of the property. The applicant has designed the
building with the lighter colors at the top of the structure in order to minimize the
visual impact. The apartments behind the proposed building are 3 stories.
Chair Kurtz also expressed concern over the 5-story proposal.
Commissioner Mahowald said that the proposed building is huge relative to the
surrounding area and will change the character of the neighborhood.
Commissioner Mahowald wondered how many units could be achieved with just a
3-story building.
City Planner Dill stated that this proposal was submitted with their RFP to the
Council when they were selecting a developer for the site. The future guided land
use of Suburban Intensive High Density is the most dense district and this location
was selected for that as it is next to the transit station.
Commissioner Sandahl asked if the Commission actually has a say in this
proposal.
City Planner Dill stated that the Commission would review the application the
same as any other Site Plan Review and make a recommendation to the City
Council.
Commissioner Hlas asked for additional information on the grant application and
what step in the process that is at.
City Planner Dill said that there is a transit-oriented district grant application that
is available with the Met Council that the developer will be applying for this site. It
is to support affordable workforce housing that is within half a mile of a transit
station. Funding is for the development of the housing project. The applications are
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
July 16, 2025
Page 3 of 6
due August 11th, and the City Council would need to provide a resolution of
support before the grant application can be submitted.
The applicant, Blaine Barker (Real Estate Equities), provided additional details on
the proposal.
Chair Kurtz asked if it would be possible to recess one of the stories.
Architect Christian Borgan (Kaas Wilson Architects) stated that it is possible and
could be explored. There will be less square footage for the first-floor units but it is
something the applicants could look into.
Commissioner Scanlan asked if the parking seems adequate with the applicant’s
experience designing other projects.
Mr. Barker stated that they typically develop with a parking ratio of 1.7 to 1.9
stalls per unit. This development is at 1.6 units per acre. The mitigating factor here
is that they do charge $75/month for covered parking at the other properties and
this development will not be charged for the parking space. There are spaces not
being utilized at the other properties due to the extra cost.
Commissioner Scanlan stated he still had concerns over inadequate parking for
residents and visitors. Commissioner Scanlan asked if the Commission
recommends less than 5 stories, will the project still be feasible for the developer?
Mr. Barker stated that it would not be feasible, and their proposal is consistent with
what was submitted to the EDA last summer as part of the request for proposals.
Commissioner Hlas asked if they have any similar properties near transit stations.
Mr. Barker stated that the MVTA transit station will be the largest they have
developed near which they see as a benefit to the residents. They have developed
similar workforce buildings, but not next to a transit station.
Commissioner Hlas asked if they anticipate that some residents may not have a
need for a vehicle since they’ll be close to public transit.
Mr. Barker stated that they do anticipate this but that the date is harder to quantify.
Staff has requested this information, and the applicant is working to find comps.
Commissioner Prewitt asked if the recreational areas on the site are measured
comparable to the number of anticipated residents.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
July 16, 2025
Page 4 of 6
Mr. Barker deferred to the landscape architect, Doug Loken (Loucks, Inc.), for this
information.
Mr. Loken stated that they have completed 10 projects with this developer and the
sizes have varied. The playground for this project is considered a “tot lot” and
geared more for children ages 2-6 so the sizes are a bit smaller. Based on the
configuration of the site, they plan out the size of the equipment.
Mr. Barker stated that typically for a 150-unit project, they would have one play
structure. They would be willing to entertain changes to the playground area if
needed.
Commissioner Scanlan asked how many residents they would anticipate with 148
units on site.
Mr. Barker stated there are typically 1.2 to 1.3 residents per bedroom.
Commissioner Mahowald questioned how the density of this development
compares to surrounding developments and the amount of green space and
amenities provided. Commissioner Mahowald asked if this development will be
connected to the developments to the south and east via sidewalks.
Mr. Loken stated that there will be connections to the street to the north and to
Gaslight Drive on the west.
Commissioner Sandahl stated that the building looks very nice and likes the
amenities provided but expressed concerns about the proposed building height.
Chair Kurtz asked if the schools have been notified of this proposal.
City Planner Dill stated that they have not been contacted, though the school
district was notified of the anticipated densities at the time of the 2040
Comprehensive Plan.
Commissioner Prewitt pointed out that a 5-story building would likely be the only
way to achieve 48 units per acre on this site.
City Planner Dill agreed that a 5-story building would be needed to maximize the
full density of that site.
Chair Kurtz asked if there were any comments from the public.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
July 16, 2025
Page 5 of 6
Resident John Jensen (14120 Forest Ln.) expressed concerns over the height of the
building and the population density increasing. The lack of a stoplight at the
intersection is a concern with adding more drivers to the area.
Resident Lynette Olson (15612 Garrett Dr.) shared concerns over parking in the
cul-de-sac and visitors having to use that area. There are a lot of children who play
in the cul-de-sac and there could be safety issues. Ms. Olson asked if the sidewalk
south of the site will remain and who is responsible for maintenance of the site.
Ms. Olson expressed concern over the height of the building and whether
apartment residents will be able to see into surrounding homes.
Mr. Loken stated that the sidewalk will remain. There will be a fence just inside
the property line maintained by the developer.
Commissioner Scanlan asked staff if traffic concerns and intersection control
information could be brought forward to the next meeting.
Assistant City Engineer Acosta stated that staff will be prepared with this
information at the next meeting.
Resident Beth Jensen (14120 Forest Ln.) stated her dissatisfaction with the
proposal and stated that townhomes would be a better fit. This is a safe area, and
she worried there would be an increase in crime due to lower rent housing.
Resident Mary Jean Charlebois (15560 Gateway Path) had concerns over the
height of the building and the proposed parking as there are already issues with
surrounding developments. Ms. Charlebois worried about the increase in traffic
and safety concerns.
Resident Kurt Peterschmidt (15597 Garnet Way) agreed with previous comments
on traffic and density increases. Mr. Peterschmidt asked how this would affect
utilities in this area.
Chair Kurtz stated that utility information will be brought forward to the next
meeting.
With no further comments, Chair Kurtz closed the public hearing.
5. LAND USE
None
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
July 16, 2025
Page 6 of 6
6. OTHER BUSINESS
A. 2025 Bicycle and Pedestrian Plan Update
Assistant City Engineer Acosta and Gabrielle Grinde (Vice President of HKGI)
provided a brief presentation.
B. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, August 6, 2025,
7:00 p.m. The next City Council meeting is Thursday, July 24, 2025 at 7:00 p.m.
CD Director Benetti stated that the September 17th or October 15th Planning Commission
meeting will be held in the Regent Conference room as the Council Chambers will be
getting sound system upgrades. He also congratulated Commissioner Sandahl on her
recent presentation at the Rotary Club meeting.
7. ADJOURNMENT
Chair Kurtz asked for a motion to adjourn.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas, to adjourn the
meeting at 8:30 p.m. Roll call vote: Ayes – 6 – Nays – 0.
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 08/06/2025 . Jodi Kurtz, Chair
ITEM: 4.A.
MEETING DATE: August 6, 2025
SECTION: Public Hearings
Description:
Planned Development No. 1144 (PD-1144) Setback Amendment
1. Consider an ordinance amendment to Planned Development No. 1144, Zone 2 regarding the
rear lot setback requirement.
Staff Contact:
Sydnee Stroeing, Associate Planner
Department / Division:
Community Development
Action Requested:
Open the public hearing, receive comments, and close the public hearing. It is the policy of the
Planning Commission 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 Commission concurs, staff
recommends the following:
1. Recommend approval of the draft ordinance amending Article 40, Planned Development No.
1144 of the City Code by revising the rear lot setback requirement for Zone 2.
Summary:
Staff is initiating an amendment to Planned Development No. 1144 (PD-1144) regarding the rear lot
setback requirements for Zone 2 of the PD. The amendment corrects the rear lot line setback
requirement for the Orchard Place Apartments project based on the approved site plan.
Background:
Ordinance No. 1144, passed on April 24, 2025, established the uses and requirements for PD-1144.
Zone 2 of the PD is designated for high-density, multi-family housing uses. The corresponding
project to Zone 2 is Orchard Place Apartments. The site plan/building permit authorization for
Orchard Place Apartments was also approved on April 24, 2025. The PD Ordinance was set up as a
custom zoning district to offer flexibility on standard zoning requirements for the projects in both
Zone 1 and Zone 2. The flexibility approved through the PD Ordinance regarding Zone 2 primarily
included increased density, reduced parking setbacks, and landscaping reductions.
During review of the building permit for the project, it was determined that there was an oversight
of the setback requirements in the approved PD-1144 Ordinance. Due to the definition of front and
rear lot lines in City Code, the rear lot line is the northern lot line of the Orchard Place Apartments
property. The north (rear) lot setback on the approved site plan for the apartment project is 12'. PD-
1144, Zone 2 requirements were incorrectly stated with a 50' rear lot line setback. Staff is suggesting
amending this rear lot line requirement from 50' to 10' to ensure that the approved site plan and
apartment building are compliant with City Code. There are no concerns from staff about this
amendment as the site plan has already been reviewed and approved by the City Council.
Budget Impact:
N/A
Attachments:
1. Location Map
2. Zoning Map
3. Approved Site Plan
4. Draft Ordinance
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CITY OF APPLE VALLEY
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CITY OF APPLE VALLEY
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CITY OF APPLE VALLEY
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155-APPENDIX F, ARTICLE 40 OF THE CITY CODE BY
AMENDING THE REAR YARD SETBACK REQUIREMENT FOR PLANNED
DEVELOPMENT NO. 1144, ZONE 2
The City Council of Apple Valley ordains:
Section 1. Chapter 155-Appendix F, Article 40 of the Apple Valley City Code is
amended by revising Section A40-5(A)(1) to read as follows:
§ A40-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
(A) The following standards and requirements shall be met. No improvements shall
be placed on such lands unless the lands to be so used or improved shall meet the following
minimum area and dimensional requirements:
(1) TABLE OF MINIMUM AREA REQUIREMENTS AND STANDARDS.
Requirements Zone 1 Zone 2
Lot Dimensions
Lot area (square feet) 40,000 245,000
Minimum Building
Setbacks (measured in feet)
Along community or
neighborhood collectors
40
40
Along any private street or
drive¹
30
30
Side lot line 15 20
Rear lot line 30 50 10
Minimum Parking
Setbacks (measured in feet)
Along community or
neighborhood collectors
20
20
Along any private street or
drive¹
10
10
Side lot line 5 5
Rear lot line 5 5
Maximum Impervious
Surface
See § 155.350
See § 155.350
Maximum Building Height
(measured in feet)
45
60
Maximum Number of
Stories
5
¹Setbacks shall be measured from the back of the curb along a private street.
Section 2. Effective date. This ordinance shall take effect upon its passage and
publication.
PASSED by the City Council this ___ day of ________, 2025.
_______________________________
Clint Hooppaw, Mayor
ATTEST:
___________________________________
Christina M. Scipioni, City Clerk
ITEM: 4.B.
MEETING DATE: August 6, 2025
SECTION: Public Hearings
Description:
§155.320 (Cannabis Businesses, Hemp Businesses, and Temporary Cannabis Events) Text
Amendment
1. Consider an amendment to §155.320 (Cannabis Businesses, Hemp Businesses, and
Temporary Cannabis Events) to address the procedure of measuring setback buffers for
cannabis businesses.
Staff Contact:
Sydnee Stroeing, Associate Planner
Department / Division:
Community Development
Action Requested:
Open the public hearing, receive comments, and close the public hearing. It is the policy of the
Planning Commission not to act on an item on the evening of the public hearing. However, if there
are no outstanding public comments or questions, and the Planning Commission concurs, staff
recommends the following:
1. Recommend approval of an ordinance amending §155.320 (Cannabis Businesses, Hemp
Businesses, and Temporary Cannabis Events) to address the procedure of measuring
setback buffers for cannabis businesses.
Summary:
Staff is initiating an amendment to §155.320 (Cannabis Businesses, Hemp Businesses, and
Temporary Cannabis Events). The amendment will update and clarify language based on existing
City policy.
Background:
§155.320 (Cannabis Businesses, Hemp Businesses, and Temporary Cannabis Events): The
amendment to this Section will clarify the procedure of measuring buffers required for cannabis
businesses. City policy when measuring buffers or use setbacks is from the nearest property line.
This policy, as it pertains to cannabis business buffers, was reviewed by the Planning Commission in
October 2024 when the Cannabis Zoning Ordinance was originally introduced. Currently, the
language in §155.320 does not include the procedure that the City uses to measure the setback
buffers for cannabis businesses from protected uses. Staff recommends clarifying the procedure for
measuring the buffers to ensure that there is no misinterpretation of the Code provision.
Budget Impact:
N/A
Attachments:
1. Draft Ordinance
CITY OF APPLE VALLEY
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155 OF THE CITY CODE BY AMENDING SECTION
155.320 TO ADDRESS THE PROCEDURE FOR MEASUREMENT OF SETBACK
BUFFERS FOR CANNABIS BUSINESSES.
The City Council of Apple Valley ordains:
Section 1. Chapter 155 of the Apple Valley City Code is amended by revising Section
155.320(D)(3) to read as follows:
(3) Buffers. Buffers shall be measured by a line from the nearest point on the property
boundary line of the property on which the protected use is located to the nearest property boundary
line of the property on which a cannabis business is proposed to be located. Cannabis businesses
shall not be located within:
* * * *
(c) One thousand feet of an existing lawful cannabis business., measured by
a line from the nearest point on the property boundary line of the property on which the existing
business is located to the nearest property boundary line of the property on which a business is
proposed to be located.
* * * *
Section 2. Effective date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this ___ day of ________, 2025.
_______________________________
Clint Hooppaw, Mayor
ATTEST:
___________________________________
Christina M. Scipioni, City Clerk
ITEM: 4.C.
MEETING DATE: August 6, 2025
SECTION: Public Hearings
Description:
§155.397 (Variances) Text Amendment
1. Consider an amendment to §155.397 (Variances) regarding public hearing requirements.
Staff Contact:
Sydnee Stroeing, Associate Planner
Department / Division:
Community Development
Action Requested:
Open the public hearing, receive comments, and close the public hearing. It is the policy of the
Planning Commission not to act on an item on the evening of the public hearing. However, if there
are no outstanding public comments or questions, and the Planning Commission concurs, staff
recommends the following:
1. Recommend approval of an ordinance amending §155.397 (Variances) by requiring a public
hearing for variance requests.
Summary:
Staff is initiating amendments to §155.397 (Variances). The amendment will update language based
on City policy that has been recently reviewed by the Planning Commission.
Background:
§155.397 (Variances): The amendment to this Section will update the public hearing requirement as
directed by the Planning Commission at the July 2, 2025, meeting. Currently, §155.397(B)(4)(a) does
not require public hearings for variance requests. Staff recommends holding a public hearing for all
variance requests. The publication and notification process would follow the same procedure as
other land use requests, which includes a published legal notice and mailing to property owners
within 350 feet, a minimum of ten days prior to the hearing date.
Minnesota State Statute does not specifically require a public hearing for land use variances.
However, it is common practice for cities to hold a public hearing for the benefit of adjacent
property owners to be aware of a variance request. All cities in Dakota County conduct public
hearings with variance applications. The hearing provides an opportunity for those affected to
provide input in support of or in opposition to an application.
Budget Impact:
N/A
Attachments:
1. Draft Ordinance
CITY OF APPLE VALLEY
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155 OF THE CITY CODE BY AMENDING SECTION
155.397 REGARDING VARIANCES.
The City Council of Apple Valley ordains:
Section 1. Chapter 155 of the Apple Valley City Code is amended by revising Section
155.397(B)(4)(a) to read as follows:
(a) The Board of Appeals and Adjustments mayshall hold a public hearing
on the variance request if it deems it necessary or advisable. The procedures for the notice and
public hearing shall be the same as that described in § 155.400, except that the public hearing shall
be held by the Board.
Section 2. Effective date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this ___ day of ________, 2025.
_______________________________
Clint Hooppaw, Mayor
ATTEST:
___________________________________
Christina M. Scipioni, City Clerk
ITEM: 5.A.
MEETING DATE: August 6, 2025
SECTION: Land Use / Action Items
Description:
Resolution Declaring City-Owned Lands (Central Village West Site) as Surplus and in Conformance
with 2040 Comprehensive Plan
Staff Contact:
Tim Benetti, Community Development Director
Department / Division:
Community Development
Action Requested:
Adopt a Resolution declaring city-owned lands generally referred to as The Central Village West Site,
located at 7153 - 152nd Street W. and 7169 - 153rd Street W., as surplus and in conformance with
the 2040 Comprehensive Plan.
Summary:
Minnesota Statutes, Section 462.356, Subdivision 2, states: "After a comprehensive plan has been
approved by a local government unit, no publicly owned interest in real property within the
municipality shall be acquired or disposed of, nor shall any capital improvement be authorized by
the municipality... until after the planning agency has reviewed the proposed disposal, or capital
improvement and reported in writing to the governing body..., its findings as to compliance of the
proposed acquisition, disposal or improvement with the comprehensive municipal plan. The sale
[disposal] of city-owned property must be reviewed by the Planning Commission, with findings
forwarded to the City Council."
City staff hereby present the following findings that support the efforts of the City to declare a)
the city-owned land as surplus; b) the land is not needed for municipal operations or other
public purpose and should be sold or otherwise disposed; and c) the proposed development is
in conformance or is consistent with the general goals and policies of the Apple Valley 2040
Comprehensive Plan.
2040 Comprehensive Plan: Chapter 2. Vision for Apple Valley
Key 2 - A Great Place to Live: Apple Valley is a great place to live; and we support the
development of uses that provide active, healthy, and safe places for our neighborhoods and
residents.
Key 3 – Business Oriented: The City works to actively attract and retain businesses to achieve
the successful vision of Apple Valley, while remaining committed to our traditional high
standards of quality.
Key 6 - Healthy and Active: The City’s endeavors to become a model of a healthy, active, and
safe community by offering a wide range of formal and informal recreation facilities that
support a multitude of active and passive recreation activities.
Key 7 - Sustainable: The proposed new Picklehall facility will be built with energy-efficient
windows and building materials; bike racks and other sustainable uses; and unhealthy
boulevard trees will be replaced and replanted with species more suitable for the downtown
environment.
Key 8 - Accessible: The City supports a multifaceted transportation system that can
accommodate automobiles, mass transit, bicycles and pedestrians. This development will
provide pedestrian connections to the adjacent parking areas and existing walkways.
Key 9 - Successful Downtown: Apple Valley has a unique, identifiable, and thriving downtown.
The City strives for a collection of strongly connected and experiential destinations that serve
and enhance the community. The downtown area is and will continue to be a place of
commerce. It is the primary location for the goods and services needed by Apple Valley
residents and regional communities. The City supports the vision of a downtown area that
includes a growing mixture of places to shop, work, live, and play, and which encourages
engagement with the built environment at a human scale; and areas or uses that are designed
to allow people to reach it and move within it on foot or bicycle.
Goals, Policies and Implementation Procedures in 2040 Plan Supporting the Use
1. Land Use & Mixed-Use Zoning Goals
• Land Use Goal 4.1 Direct development to meet the household, social, spiritual,
recreational, and professional needs of the City’s residents and workforce.
• Mixed-use development is explicitly encouraged in downtown and commercial
districts, aligning closely with a recreation + retail model like an indoor pickleball
facility.
• Goal 4.8 The City provides a flexible framework to encourage property maintenance and
facilitate infill redevelopment and adaptive reuse to sustain an attractive environment
and prevent the creation of blight.
• The City uses strategic infill development and redevelopment to improve
underutilized properties and neighborhood cohesion.
• The City will encourage redevelopment when properties are no longer cost-
effective to maintain.
• Goal 4.10 Downtown development and redevelopment will enhance walking and
bicycling in Apple Valley.
2. Economic Development & Commercial Recreation Goals
• The 2040 Plan prioritizes support for experiential or amenity-oriented commercial
uses—which aligns with recreational facilities designed to serve residents and visitors in
a walkable setting.
• The 2024 RFP called for “commercial recreation” and restaurant/commercial combined
uses as desired toward building local vitality in this Central Village West site.
• The Central Village Plan's vision encourages a walkable, mixed-use urban core with
complementary commercial recreation uses.
• Ensure an appropriate mix of development types and an adequate supply of land to
secure new business investments consistent with the City’s vision.
• Take advantage of opportunities to use public improvements and private development
to enhance the image and identity of the City.
• Encourage and facilitate infill commercial and retail development on remaining vacant
parcels to ensure the resource is fully utilized.
• Encourage and facilitate redevelopment of underutilized or distressed properties into
viable commercial or mixed-use developments.
Background:
The Central Village West Site consists of 3.7 total acres, and is made up of two separate parcels
legally described as Lot 1, Block 3 (1.67 acres) and Lot 2, Block 3 (2. 03 acres), Village at
Founders Circle. The subject site is located south of Apple Valley Ford, east of the Post Office,
north of Risor Apartments, and west of GrandStay Hotel. It is designated as "MIX" (Mixed Use) in
the 2040 Comprehensive Guide Plan and zoned PD No. 739 (Subzone 4).
Upon completion of an appraisal in early 2024, the city staff initiated a Request for Proposal
(RFP) process seeking development proposals for this site. The City received three proposals, all
of which were rejected by the Council. Later, on March 13, 2025, city staff presented a letter of
intent from Markid Properties to purchase and develop an indoor pickleball facility on the site.
The Council unanimously supported Markid Properties' purchase and directed the City Attorney
to draft an official purchase agreement. Markid Properties submitted a full-value offer of
$2,500,000, aligning with the highest and best value range determined by the appraisal.
Markid is proposing to develop the subject properties with a new 56,500 sq. ft. indoor pickleball
facility, food and beer hall with limited outdoor amenities, referred to as the "Picklehall"
development.
Budget Impact:
N/A
Attachments:
1. PC Res. City Land Declared Surplus_Markid_PickleHall (08-06-2025)
2. Location Map - Village of Founder's Circle
CITY OF APPLE VALLEY
PLANNING COMMISSION RESOLUTION NO. 2025-01
A RESOLUTION DECLARING CERTAIN CITY-OWNED LAND
AS HAVING NO PUBLIC PURPOSE NEEDS AND THE PROPOSED
SALE IS IN CONFORMANCE WITH THE 2040 COMPREHENSIVE PLAN
PURSUANT TO MINN. STAT. § 462.356
WHEREAS, Minnesota Statutes, Section 462.356, Subdivision 2, charges the Planning
Commission with the review of any City action relating to the acquisition or disposal of city owned
interest in real property or the authorization of any capital improvement thereto to determine such
action's compliance with the local Comprehensive Plan; and
WHEREAS, the City of Apple Valley, MN (the “City”) owns real property identified as Lot
1, Block 3, VILLAGE AT FOUNDERS CIRCLE, Dakota County, MN/ Parcel ID Number 01-
81750-03-010 / 7153 152nd Street W., Apple Valley, MN 55124 and Lot 2, Block 3, VILLAGE AT
FOUNDERS CIRCLE, Dakota County, MN / Parcel ID Number 01-81750-03-02 / 7169 153rd
Street W., Apple Valley, MN 55124, (the “Property”); and
WHEREAS, the City is considering an action for which the Planning Commission is
charged to review, pursuant to Minnesota Statutes, the sale or disposal of city-owned property; and
WHEREAS, City staff have evaluated the Property and recommended it be declared
excess and deemed no longer needed for municipal operations or other public purpose; and
WHEREAS, a fair market value has been determined pursuant to an appraisal by a
qualified, Minnesota licensed appraiser; and
WHEREAS, the Apple Valley City Council had directed staff to review and negotiate the
proposed purchase agreement received from Markid Properties II, LLC; and
WHEREAS, the City has entered into a Sale and Purchase Agreement with Markid
Properties II, LLC, (the “Buyer”) for the Property subject to the Buyer developing the Property with
a new 56,500 sq. ft. indoor pickleball facility, food and beer hall and outdoor amenities (the
“Development”); and
WHEREAS, the Planning Commission reviewed the proposed sale and disposal of the
Property at its regular meeting on August 6, 2025; and
WHEREAS, the Planning Commission held a public hearing and reviewed the Site and
Building Plan for the proposed Development at its regular meeting on July 2, 2025, along with an
Ordinance Amendment to Planned Development No. 739 and a final plat reconfiguring the Property
as Village at Founders Circle 3rd Addition; and
WHEREAS, upon review, the Planning Commission finds that there is no public purpose for
the Property and finds the proposed sale and disposal of the Property to be in the city’s and its
residents’ best interest; and
WHEREAS, upon review, the Planning Commission finds that the proposed Development
is consistent with the goals, policies, and implementation procedures of the Apple Valley 2040
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Apple
Valley that the City Council of Apple Valley be advised as follows:
1) The Property is not needed for municipal operations or other public purpose and should be
sold or otherwise disposed.
2) The proposed sale and disposal of the Property, subject to the proposed Development as
described in the Sale and Purchase Agreement, is in conformance with the Apple Valley
2040 Comprehensive Plan.
ADOPTED this 6th day of August, 2025
______________________________
Jodi Kurtz, Chair
ITEM: 6.A.
MEETING DATE: August 6, 2025
SECTION: Other Business
Description:
Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, August 20, 2025 - 7:00 p.m.
Planning Commission - Wednesday, September 3, 2025 - 7:00 p.m.
City Council - Thursday, August 14, 2025 - 7:00 p.m.
City Council - Thursday, August 28, 2025 - 7:00 p.m.
Staff Contact:
Breanna Vincent, Department Assistant
Department / Division:
Community Development
Action Requested:
N/A
Summary:
Next Planning Commission Meetings:
Wednesday, August 20, 2025 - 7:00 p.m.
Applications due by 9:00 a.m. on Wednesday, July 23, 2025.
Wednesday, September 3, 2025 - 7:00 p.m.
Applications due by 9:00 a.m. on Wednesday, August 6, 2025.
Next City Council Meetings:
Thursday, August 14, 2025 - 7:00 p.m.
Thursday, August 28, 2025 - 7:00 p.m.
Background:
N/A
Budget Impact:
N/A
Attachments:
None