HomeMy WebLinkAbout2025-11-05 Agenda Packet
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
November 5, 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 September 3, 2025 Regular Meeting
4. Public Hearings
A. Planned Development No. 290 - Zone 4 Text Amendment - PC25-14-Z
Consider an Ordinance Amendment to Planned Development No. 290 -
Zone 4 to exempt a cannabis retailer from the special use setback buffer
requirements set forth in §155.320 of the City Code.
LOCATION: 14638 Cedar Ave #130
APPLICANT: Mike Malik
5. Land Use / Action Items
6. Other Business
A. Review of Upcoming Planning Commission / City Council Meeting
Schedules and Other Updates
Planning Commission - Wednesday, November 19, 2025 - 7:00 p.m.
Planning Commission - Wednesday, December 3, 2025 - 7:00 p.m.
City Council - Thursday, November 13, 2025 - 7:00 p.m.
City Council - Tuesday, November 25, 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: November 5, 2025
SECTION: Consent Agenda
Description:
Approve Minutes of September 3, 2025 Regular Meeting
Staff Contact:
Breanna Vincent, Department Assistant
Department / Division:
Community Development
Action Requested:
Approve minutes of the regular meeting of May 7, 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. 090325 PC MINUTES
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
September 3, 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: Community Development Director Tim Benetti, City Planner Terri
Dill, 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 Hlas, approving
the agenda. Roll call vote: Ayes - 6 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of August 6, 2025
MOTION: Commissioner Schindler moved, seconded by Commissioner Hlas approving
the minutes of August 6, 2025. Roll call vote: Ayes - 6 – Nays – 0.
4. PUBLIC HEARING
None
5. LAND USE
A. Valley Station Apartments
City Planner Dill provided a brief presentation.
Commissioner Mahowald asked for clarification on the densities approved in the
2040 Comprehensive Plan relating to the SIHD designation.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
September 3, 2025
Page 2 of 3
City Planner Dill stated that the area was designated as high density in the Comp
Plan and that no increases were made.
Commissioner Mahowald asked what range of units per acre constitutes “high
density”.
City Planner Dill stated that the 2040 Comp Plan allows up to 48 units per acre
under SIHD.
Vice Chair Scanlan asked what the “trash pad” that is noted on the Floor Plan is.
City Planner Dill stated that the trash is kept inside the building and the trash pad
is the location where staff would pull the dumpster to on the pick-up day.
Commissioner Mahowald asked what the units per acre on Chasewood
Townhomes is.
City Planner Dill stated it is 10.9 units per acre.
The applicant, Blaine Barker (Real Estate Equities) provided a brief presentation.
Commissioner Hlas asked if the parking spaces would be available to tenants at no
additional charge.
Mr. Barker stated that was correct.
Commissioner Mahowald asked if the green space shown in the renderings is
accurate to what will be on the site.
Mr. Barker stated it was not fully accurate and does not incorporate the 6’ fence
that would be on the site. The main point of the rendering is to show the building
height change.
Commissioner Mahowald asked what ages the playground equipment would serve.
Mr. Barker stated that playground equipment typically serves two age groups of
either 2-5 or 5-12 and they are open to providing equipment for either group if the
City has a preference. The indoor play area would likely serve the younger group.
Vice Chair Scanlan requested that the applicant provide more accurate renderings
showing the surrounding space at future meetings. Vice Chair Scanlan asked how
snow storage would be handled on the site.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
September 3, 2025
Page 3 of 3
Mr. Barker said they have no intent to lose any parking spaces during the winter
and exhibits will be provided to City staff for snow storage. If deemed inadequate,
snow would be hauled from the site.
MOTION: Commissioner Prewitt moved, seconded by Commissioner Sandahl, to
recommend approval of the Planned Development No. 507 ordinance
amendments. Roll call vote: Ayes – 5 – Nays – 1 (Mahowald).
MOTION: Commissioner Hlas moved, seconded by Commissioner Sandahl, to recommend
approval of the Site Plan/Building Permit Authorization for Valley Station
Apartments subject to conditions 1-21 in the draft resolution. Roll call vote: Ayes
– 5 – Nays – 1 (Mahowald).
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, September 17,
2025, 7:00 p.m. The next City Council meeting is Thursday, September 11, 2025 at 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 7:52 p.m. Roll call vote: Ayes – 6 – Nays – 0.
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 11/05/2025 . Jodi Kurtz, Chair
ITEM: 4.A.
MEETING DATE: November 5, 2025
SECTION: Public Hearings
Description:
Planned Development No. 290 - Zone 4 Text Amendment - PC25-14-Z
Consider an Ordinance Amendment to Planned Development No. 290 - Zone 4 to exempt a cannabis
retailer from the special use setback buffer requirements set forth in §155.320 of the City Code.
LOCATION: 14638 Cedar Ave #130
APPLICANT: Mike Malik
Staff Contact:
Carter Hayes, 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 take action on an item the same night as its public
hearing. However, if the Commission finds sufficient information has been presented and the
hearing has fulfilled its purpose, staff offers the following options regarding the requested
amendment:
1. Amend PD-290-4 to exempt cannabis retailers from buffer requirements:
Recommend approval of the draft ordinance amending Chapter 155, Appendix F, adding Section A2-
5(C) to exempt cannabis retailers in Zone 4 of this planned development from the special use
setback buffers in Section 155.320.
2. Do not amend PD-290-4 to exempt cannabis retailers from buffer requirements:
Recommend denial of the draft ordinance amending Chapter 155, Appendix F, adding Section A2-
5(C) to exempt cannabis retailers in Zone 4 of this planned development from the special use
setback buffers in Section 155.320.
Staff Recommendation:
The Commission must consider whether the subject cannabis retail operation under licensing
consideration should be exempt from the special use setback buffers in City Code Section 155.320.
Cannabis retailers are otherwise permitted in PD-290-4. However, because the proposed location
intersects the buffers in Section 155.320, staff is recommending denial of the text amendment
request. Approval would conflict with the purpose of Section 155.320, introduce zoning
inconsistencies, and compromise protections for nearby protected uses. Denial of the request
maintains consistency with adopted regulations.
Summary:
Mike Malik, owner of The Tobacco Shop, has requested to amend Planned Development No. 290-
Zone 4 to exempt a cannabis retailer from the special use setback buffers set forth in Section
155.320. Cannabis businesses, including cannabis retailers, are prohibited from operating under
Section 155.320 when located within 1,000 feet of a school, 1,000 feet of an existing cannabis
business, 500 feet of a park, 500 feet of a daycare, or 500 feet from residential treatment facilities.
Cannabis retailers are typically permitted in planned development districts (or zones within) that
allow freestanding or multi-tenant retail stores and shops. The applicant’s proposed location (14638
Cedar Ave #130) is within a multi-tenant retail development that would otherwise permit a cannabis
retailer; however, the property intersects with both the 1,000-foot school buffer and the 500-foot
daycare buffer, making it ineligible under current regulations.
The applicant is currently working through the State application process regulated by the Office of
Cannabis Management (OCM) for licensing and operating a cannabis-related business. As part of
this process, the applicant must identify a business location that complies with local zoning for
cannabis uses. The applicant has received preliminary approval for a cannabis microbusiness license
with a retail operation endorsement and wishes to operate at 14638 Cedar Avenue, Suite 130, where
they currently operate a tobacco shop. The proposed amendment, if approved, would make this site
eligible for cannabis registration under applicable zoning regulations.
The proposed amendment would apply to all properties within PD-290-4, which include 14638 &
14658 Cedar Ave (multi-tenant retail buildings), 14678 Cedar Ave (Applebee’s), and 7493 147th St W
(Apple Valley Family Dentistry). The effect of the ordinance amendment would exempt cannabis
retailers within PD-290-4 from being prohibited within the buffer distance of schools, existing
cannabis businesses, parks, daycares, and residential treatment facilities.
Background:
The City adopted the Cannabis Businesses, Hemp Businesses, and Temporary Cannabis Events
ordinance on October 24, 2024. The ordinance established regulations on the time, place, and
manner of operation for cannabis businesses, hemp businesses, and temporary cannabis events
within the City. Within Section 155.320, the City prescribes separation requirements, consistent with
State Statute, that prohibit cannabis businesses from operating within specified distances of
protected uses. These distance standards include 1,000 feet from schools and existing cannabis
businesses, and 500 feet from parks, daycares, or residential treatment facilities. Staff has created
an unofficial map intended to help visualize the buffer areas throughout the City.
PD-290-4 is designed to accommodate a mix of limited business and community-scale retail uses.
The current mix of uses within the zone includes restaurants, retail storefronts, and personal
services such as a dental office and hair salon.
Under Section 155.320, a Cannabis Retailer is defined as: “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, including a cannabis microbusiness with a retail
operations endorsement, cannabis mezzobusiness with a retail operations endorsement, and
medical cannabis combination business to the extent it is engaged in retail sales exclusively at a
location off-site of its cultivation or manufacturing operations, selling only its cultivated cannabis or
manufactured cannabis products.”
Staff has prepared a draft ordinance for the Planning Commission's consideration that would
amend PD-290-4 to allow a cannabis retailer to operate in the zone, exempt from the buffer
requirements from protected uses defined in Section 155.320. If approved, this amendment would
apply to all properties within PD-290-4, enabling cannabis retailers to operate from the otherwise
required separation distances from protected uses.
Budget Impact:
N/A
Attachments:
1. Location Map
2. Zoning Map
3. PD-290 Buffer Map
4. Cannabis Use Buffer Map
5. Applicant Narrative
6. Draft Ordinance
Personal Statement
I (Mike Malik) currently own/operate ‘The Tobacco Shop…’ [MC2 Tobacco LLC] located at 14638
Cedar Ave #130, Apple Valley, MN. I currently hold following tobacco & cannabis licenses &
endorsements:
1. Apple Valley Tobacco License: TB-2024-01
2. HDCP Registration: 5925
3. OCM Cannabis Microbusiness License – Retail Endorsement: Micro-A25-000672
14638 Cedar Ave #130 is within a Planned Development (PD); a zoning classification that allows
for more flexible and varied uses than a typical zoning district. Specifically, this site is in PD-290,
Subzone 4, which permits cannabis retail operations endorsement linked to an OCM Cannabis
Microbusiness License.
Note: Manufacturing, cultivation and packaging are neither permitted in PD nor being requested.
Furthermore, PD defines cannabis microbusiness with retail endorsement as a retailer that sells
immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp products,
and other products authorized by law to customers and patients.
As for co-locating cannabis retail and tobacco retail operations, it is my understanding, that the
City of Apple Valley does not make determinations regarding separation between these uses. It is
also my understanding that any requirements for co-location are established by the State. I plan
to work directly with OCM regarding their requirements for co-locating cannabis and tobacco
retails operations.
I would greatly appreciate it if PD zoning text could be amended to specifically exempt PD-290
Subzone 4 from the buffer requirements outlined in Section 155.320 [Note: This request is for
Subzone 4 ONLY!] It will serve a greater public interest, contribute to local economy, and will go a
long way in conveniently & lawfully providing quality cannabis & tobacco products in a controlled
environment. Thanks for your consideration. Regards, Mike Malik
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 155-APPENDIX F, SECTION A2-2(D) OF THE CITY CODE TO EXEMPT
“CANNABIS RETAILER” FROM THE BUFFER REQUIREMENTS OF § 155.320 WITHIN
PLANNED DEVELOPMENT 290-ZONE 4
The City Council of Apple Valley ordains:
Section 1. Chapter 155-Appendix F of the Apple Valley City Code is amended by
adding Section A2-5(C) to read as follows:
(C) Cannabis Retail Business. The special use setback buffers for cannabis businesses as
set forth in the cannabis businesses, hemp businesses, and temporary cannabis events regulations
in this Chapter does not apply to cannabis retail businesses located and operated in Zone 4 of this
Planned Development.
Section 2. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy
shall be available for inspection by any person during regular office hours.
Section 3. 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 4. 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
ITEM: 6.A.
MEETING DATE: November 5, 2025
SECTION: Other Business
Description:
Review of Upcoming Planning Commission / City Council Meeting Schedules and Other Updates
Planning Commission - Wednesday, November 19, 2025 - 7:00 p.m.
Planning Commission - Wednesday, December 3, 2025 - 7:00 p.m.
City Council - Thursday, November 13, 2025 - 7:00 p.m.
City Council - Tuesday, November 25, 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, November 19, 2025 - 7:00 p.m.
Applications due by 9:00 a.m. on Wednesday, October 22, 2025.
Wednesday, December 3, 2025 - 7:00 p.m.
Applications due by 9:00 a.m. on Wednesday, November 5, 2025.
Next City Council Meetings:
Thursday, November 13, 2025 - 7:00 p.m.
Tuesday, November 25, 2025 - 7:00 p.m.
Background:
N/A
Budget Impact:
N/A
Attachments:
None