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HomeMy WebLinkAbout2025-11-19 Agenda Packet Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 November 19, 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 November 5, 2025 Regular Meeting 4. Public Hearings A. Christ Church Sign Setback Variance Consider a request to reduce the setback of a ground sign adjacent to right-of-way from 13 feet to 8 feet. LOCATION: 12925 Johnny Cake Ridge Road APPLICANT: Christ Church B. Fraser 1st Addition Comprehensive Plan Amendment Consider an amendment to the Comprehensive Plan Land Use Map to designate 2.19 acres of property from "HD" (High Density Residential) to "C" (Commercial), and 1.21 acres of property from "SIHD (Suburban Intensive High Density) to "C" (Commercial). LOCATION: The northwest corner of 147th Street West and County Road 42 (Lot 1 and Lot 2, Block 1, Fraser 1st Addition) APPLICANT: City of Apple Valley 5. Land Use / Action Items 6. Other Business A. Review of Upcoming Planning Commission and City Council Meetings and Other Updates 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 19, 2025 SECTION: Consent Agenda Description: Approve Minutes of November 5, 2025 Regular Meeting Staff Contact: Breanna Vincent, Department Assistant Department / Division: Community Development Action Requested: Approve minutes of the regular meeting of November 5, 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. MINUTES CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES November 5, 2025 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz Scanlan at 7:00 p.m. Members Present: Jodi Kurtz, Paul Scanlan, Dave Schindler, Becky Sandahl, Jeff Prewitt, and Douglas Hlas Member(s) Absent: Phil Mahowald City Staff: Community Development Director Tim Benetti, City Clerk Christina Scipioni, City Planner Terri Dill, Planner Carter Hayes, 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 Schindler moved, seconded by Commissioner Scanlan, approving the agenda. Roll call vote: Ayes - 6 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of September 3, 2025 MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas approving the minutes of September 3, 2025. Roll call vote: Ayes - 6 – Nays – 0. 4. PUBLIC HEARING A. Planned Development No. 290 – Zone 4 Text Amendment Chair Kurtz opened the public hearing. Planner Hayes provided a brief presentation. Commissioner Hlas asked where the daycare is located within the buffer as well as the school off 147th. Commissioner Schindler asked if the applicant has looked into other locations. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 5, 2025 Page 2 of 3 Planner Hayes stated that the applicant currently operates a tobacco store in this location and is preliminarily approved through the Office of Cannabis Management (OCM) and is now looking for a site that complies with the zoning requirements of the municipality. The applicant has not inquired with City staff for other locations. Chair Kurtz asked if the applicant recently opened the tobacco shop and if the assumption was that they would be able to operate a cannabis business in the location. Planner Hayes stated that the tobacco shop opened within the last year but was not able to clarify whether the applicant assumed they would be able to operate a cannabis business there. The OCM does not allow co-location and it is not know whether the applicant was aware of this at the time. Chair Kurtz asked whether the leaser would be the one to notify the applicant of this. Planner Hayes stated that he is not aware of any discussion between the applicant and leaser. The applicant, Mike Malik, was not present for questions. With no further comments, Chair Kurtz closed the public hearing. MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas, to 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. Roll call vote: Ayes – 6 – Nays – 0. 5. LAND USE None CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 5, 2025 Page 3 of 3 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is scheduled for Wednesday, November 19, 2025, 7:00 p.m. The next City Council meeting is Thursday, November 13, 2025 at 7:00 p.m. 7. ADJOURNMENT Chair Kurtz asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, to adjourn the meeting at 7:14 p.m. Roll call vote: Ayes – 6 – Nays – 0. Respectfully submitted, ______________________________________ Breanna Vincent, Planning Department Assistant Approved by the Apple Valley Planning Commission on 11/19/2025 . Jodi Kurtz, Chair ITEM: 4.A. MEETING DATE: November 19, 2025 SECTION: Public Hearings Description: Christ Church Sign Setback Variance Consider a request to reduce the setback of a ground sign adjacent to right-of-way from 13 feet to 8 feet. LOCATION: 12925 Johnny Cake Ridge Road APPLICANT: Christ Church 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 take action on an item on the night of its public hearing. However, if there are no outstanding comments or questions, and the Planning Commission concurs, staff recommends the following: 1. Recommend approval of a 5' setback variance for a ground sign at Christ Church (12925 Johnny Cake Ridge Road) based on the findings listed in Exhibit A and the following conditions (1 through 5): 1. If the sign permit is not issued within one (1) year of the date of approval, the variance shall lapse. 2. An electrical permit shall be applied for and approved prior to installation of the sign. 3. An encroachment agreement shall be executed, approved by City Council, and recorded by the City prior to approval of the sign permit. 4. A private utility locate shall be performed prior to any work commencing on the site. 5. Installation shall be consistent with the approved sign plan received in City offices on October 20, 2025, and the issued sign permit. Summary: Christ Church (Applicant), located at 12925 Johnny Cake Ridge Road (Subject Property), has applied for a sign setback variance for the installation of a new ground sign in the location of the existing ground sign. The Sign Code requires ground signs to be setback a minimum of 13' from the property line when adjacent to right-of-way. The applicant is seeking a 5' variance to install a new sign 8' from the property line adjacent to Johnny Cake Ridge Road. The existing and proposed sign are within a 40' drainage and utility easement that is dedicated for a storm utility pipe running along the eastern property line adjacent to Johnny Cake Ridge Road. Encroachment agreements are required to place structures within easements. There is no encroachment agreement on file for the existing sign. As such, it is recommended to require that an encroachment agreement be executed, approved by City Council, and recorded prior to approval of the sign permit. City staff have drafted the agreement and will work with the applicant for their review and signature. Background: Christ Church has an existing sign located 8' from the eastern property line, adjacent to Johnny Cake Ridge Road. The existing sign was permitted in 1994 with a site plan showing the sign as 20' from the property line. The City does not have record or correspondence as to why the sign was installed closer than permitted under the 1994 sign permit. The applicant is seeking to replace the existing sign with a new sign in the same location. Since the existing sign was not permitted in the current location, a setback variance is required to install a new sign in the same location. The proposed sign meets all other requirements in the Sign Code. As noted above, the site is limited by a large easement and a storm utility pipe along the east property line. The pipe is approximately 25' from the east property line. In order to meet the 13' sign setback requirement, the sign and surrounding sign base would be placed above the storm utility pipe. While the City will allow signs within easements with an encroachment agreement, staff would not recommend placing this sign directly above the underground utility. The new sign will utilize the existing structural footings and sign poles. Replacing the sign in the same location as the existing sign would have little to no visual or physical impact on the surrounding area as the existing sign has been located there for over 30 years. Under Title XV (Land Usage), sign variances are reviewed based on requirements in §154.07(F)(1) and §155.397(B)(4)(b). The following requirements were considered by staff when reviewing this sign setback variance request: 1. Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; 4. That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; 5. The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. 6. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the land use provisions of Title XV; and 7. The variance requested is the minimum variance necessary to alleviate the practical difficulty. The recommended findings based on the above criteria are attached to this staff report as Exhibit A. Budget Impact: N/A Attachments: 1. Location Map 2. Sign Location Map 3. Zoning Map 4. Applicant Narrative 5. Surveyor Letter 6. Sign Plans 7. Exhibit A -- Findings 8. Draft Resolution 130TH ST W FINCH W A Y FE R N A N D O A V E JO H N N Y C A K E R I D G E R D FAL C O N D R MCANDR E W S R D FALCON RIDGE TRL CITY OF APPLE VALLEY 12925 JOHNNY CAKE RIDGE RDLOCATION MAP !I 0 110 22055 Feet Subject Property JO H N N Y C A K E R I D G E R D CITY OF APPLE VALLEY 12925 JOHNNY CAKE RIDGE RDSIGN LOCATION MAP !I 40' Drainage & Utility Easement Storm Utility Pipe 0 30 6015 Feet Sign Location P P P R-3 M-3C WAT CITY OF APPLE VALLEY 12925 JOHNNY CAKE RIDGE RDZONING MAP !I Subject Property 0 125 25062.5 Feet City of Apple Valley Planning and Development Department Christ Church Sign Setback Variance Variance Application Narrative Christ Church is requesting a variance from the minimum required sign setback to allow replacement of the existing monument sign at 12925 Johnny Cake Ridge Road. The existing sign, originally installed in 1994 under previous code requirements, has been in place for over 31 years and has served as an important identifier for the church and its community presence. The proposed sign will be installed in the same location, utilizing the existing structural footings and sign poles, resulting in a reduced level of nonconformance since the new sign design is narrower and will therefore slightly increase the existing setback distance. The unique property conditions necessitating this variance include the presence of a storm pipe easement located immediately west of the existing sign area, which limits options for relocation that would meet current setback requirements. This circumstance was not created by the property owner or applicant; rather, it is a preexisting site constraint that restricts the placement of signage in other feasible locations. Maintaining the sign in its existing location allows the church to reasonably use its property for identification and communication purposes consistent with other places of worship in the community. Granting this variance will not alter the essential character of the neighborhood. The proposed sign will remain similar in size, scale, and location to the existing sign that has been part of the area’s visual environment for over three decades. The new sign will be an aesthetic improvement and will reduce the degree of nonconformance with current code, while continuing to serve the same community and directional function as before. This modest variance will preserve the church’s ability to effectively identify its property without negatively impacting adjacent properties or the public realm. Cal Mader Christ Church Cal Mader 5505 123rd Street West – Suite 100C | Savage, MN 55378 | 612-346-0824 |www.peterslandsurvey.com PETERS LAND SURVEYING, LLC PETERS LAND SURVEYING, LLC October 16, 2025 Mr. Mike Hegre Christ Church 12925 Johnny Cake Ridge Road Apple Valley, MN 55124-8159 Dear Mr. Hegre, This letter serves as documentation that Peters Land Surveying, LLC has conducted a boundary line survey of a portion of your property. On October 15th, 2025, we performed a survey to determine the easterly boundary line of Lot 1, Block 1, Christ Church, according to the recorded plat thereof, Dakota County, Minnesota, filed of record November 4th, 1991. Upon the determination of the east line of said property (said line also being the westerly right-of-way line of Johnny Cake Ridge Road per the plat of Christ Church), we obtained a measurement to the east face of the existing monument sign located along said line. The easterly face of the sign was found to be located 8.03 feet westerly of the easterly property line (also being the westerly right of way line of Johnny Cake Ridge Road) We appreciate your choice of Peters Land Surveying for this project. If you have any questions or concerns regarding this survey, please feel free to contact us at (612) 346-0824. Sincerely, Peters Land Surveying, LLC Brent Peters, PLS President Phone: 612-346-0824 Email: bpeters@peterslandsurvey.com 952-456-2575 ThinkDigitalSigns.com Permit Supporting Documents_2 October – 2025 1 Christ Church 12925 Johnny Cake Ridge Road Apple Valley MN 55124 952-456-2575 ThinkDigitalSigns.com2 Property: 12925 Johnny Cake Ridge Road, Apple Valley MN 55124 Sign Location 952-456-2575 ThinkDigitalSigns.com3 Zoning District: P – Institutional 952-456-2575 ThinkDigitalSigns.com4 Existing Sign 952-456-2575 ThinkDigitalSigns.com5 Existing Sign Setback: 8.03’ 952-456-2575 ThinkDigitalSigns.com6 Existing Sign Setback: 8.03’ By Survey 8.03’ from property line. 952-456-2575 ThinkDigitalSigns.com7 Setback Increased from 8’to 8’10.5” 952-456-2575 ThinkDigitalSigns.com8 Proposed Sign: 3x8 Digital Sign (Base 9’6” width) 952-456-2575 ThinkDigitalSigns.com9 Proposed Sign: 3x8 Digital Sign 952-456-2575 ThinkDigitalSigns.com10 Proposed Sign: 3x8 Digital Sign 952-456-2575 ThinkDigitalSigns.com11 Proposed Sign: 3x8 Digital Sign 952-456-2575 ThinkDigitalSigns.com12 Proposed Sign: 3x8 Digital Sign 952-456-2575 ThinkDigitalSigns.com13 Sign Installer EXHIBIT A 1 Recommended Christ Church Sign Variance Findings 1. Special conditions exist which are peculiar to the land, building involved and which are not applicable to other lands, structures or buildings in the same district. A storm utility pipe is located approximately 25 feet from the eastern property line and corresponding 40-foot-wide drainage and utility easement are located on the east side of the Property along Johnny Cake Ridge Road. The location of the storm utility pipe and width of the easement are uncommon and create a greater setback from the curbline and corresponding property line. 2. The special conditions and circumstances do not result from the actions of the applicant. The storm utility pipe location and easement were not created by the actions of the Applicant. The proposed new sign will replace and be located within the same footprint of the existing ground sign on the property. 3. A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations. Properties in the “P” (Institutional) zoning district are allowed one ground sign with a minimum setback of 13 feet from property lines adjacent to right-of-way. The applicant proposes to use the property in a reasonable manner – ground signs are typically located adjacent to right-of-way as a means of property and/or business identification. A literal interpretation of these provisions would require placing the ground sign over 25 feet back from the property line adjacent to Johnny Cake Ridge Road due to the location of storm utility pipe. 4. The granting of the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district. The granting of the variance would not confer on the applicant any special privileges; all properties in the “P” district are allowed one ground sign. The sign will be located in same location as its current existing sign. The sign meets all other applicable City Code requirements. 5. The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. The proposed sign is replacing an existing sign that has been in place for over 30 years. The replacement sign will have little visual or physical change from the existing sign, thus will not have adverse effect upon EXHIBIT A 2 adjacent properties. There is no vacant land that will be developed directly adjacent to the Property. 6. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the land use provisions of Title XV. The variance is necessary as the sign’s location is limited by a storm utility pipe. The applicant proposes to use the property in a reasonable manner – ground signs are typically located adjacent to right-of-way as a means of property and/or business identification. There are unique circumstances on the Property that are not created by the landowner (See Finding 1 and 2). The variance will not alter the character of the locality – the sign will be replacing an existing sign that has been in place for over 30 years. 7. The variance requested is the minimum variance necessary to alleviate the practical difficulty. The sign should not be placed on top of the storm utility pipe. The variance is the minimum variance necessary in regard to the location of the storm utility pipe. CITY OF APPLE VALLEY RESOLUTION NO. 2025 - A RESOLUTION APPROVING A 5 FOOT SETBACK VARIANCE FOR A GROUND SIGN AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, land use regulations to control land uses throughout the City; and WHEREAS, in Title XV of the City Code of Ordinances, Chapter 154 governs regulations of signs; and WHEREAS, pursuant to the City’s sign regulations, a “Variance” is an exception granted by the City Council from the literal provisions of the land use sign regulations when a practical difficulty is shown to exist due to special conditions on the property exist which are peculiar to the subject property and do not apply to the area in general; and WHEREAS, approval of a Variance has been requested by Christ Church (“Applicant”), for property located at 12925 Johnny Cake Ridge Road and legally described as Lot 1, Block 1, Christ Church (“Property”); and WHEREAS, City Code Chapter 154, Appendix D, provides a ground sign setback from the property lines adjacent to the public right-of-way is 13 feet. The Applicant requests a variance to allow a setback of 8 feet, resulting in a ground sign to encroach 5 feet into the 13-foot setback; and WHEREAS, on November 19, 2025, a public hearing before the Apple Valley Planning Commission was held for the Variance request; and WHEREAS, on DATE the Apple Valley Planning Commission recommended approval of the Variance request and made the following findings based on City Code requirements listed in §154.07(F)(1) and §155.397(B)(4)(b): 1. Special conditions exist which are peculiar to the land, building involved and which are not applicable to other lands, structures or buildings in the same district. A storm utility pipe is located approximately 25 feet from the eastern property line and corresponding 40-foot-wide drainage and utility easement are located on the east side of the Property along Johnny Cake Ridge Road. The location of the storm utility pipe and width of the easement are uncommon and create a greater setback from the curbline and corresponding property line. 2. The special conditions and circumstances do not result from the actions of the applicant. The storm utility pipe location and easement were not created by the actions of the Applicant. The proposed new sign will replace and be located within the same footprint of the existing ground sign on the property. 3. A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and 2 the terms of these sign regulations. Properties in the “P” (Institutional) zoning district are allowed one ground sign with a minimum setback of 13 feet from property lines adjacent to right-of-way. The applicant proposes to use the property in a reasonable manner – ground signs are typically located adjacent to right-of- way as a means of property and/or business identification. A literal interpretation of these provisions would require placing the ground sign over 25 feet back from the property line adjacent to Johnny Cake Ridge Road due to the location of storm utility pipe. 4. The granting of the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district. The granting of the variance would not confer on the applicant any special privileges; all properties in the “P” district are allowed one ground sign. The sign will be located in same location as its current existing sign. The sign meets all other applicable City Code requirements. 5. The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. The proposed sign is replacing an existing sign that has been in place for over 30 years. The replacement sign will have little visual or physical change from the existing sign, thus will not have adverse effect upon adjacent properties. There is no vacant land that will be developed directly adjacent to the Property. 6. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the land use provisions of Title XV. The variance is necessary as the sign’s location is limited by a storm utility pipe. The applicant proposes to use the property in a reasonable manner – ground signs are typically located adjacent to right-of-way as a means of property and/or business identification. There are unique circumstances on the Property that are not created by the landowner (See Finding 1 and 2). The variance will not alter the character of the locality – the sign will be replacing an existing sign that has been in place for over 30 years. 7. The variance requested is the minimum variance necessary to alleviate the practical difficulty. The sign should not be placed on top of the storm utility pipe. The variance is the minimum variance necessary in regard to the location of the storm utility pipe. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a 5-foot variance to reduce the setback of a ground sign from right-of-way on the Property is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. If the sign permit fee is not issued within one (1) year of the date of approval, the variance shall lapse. 2. An electrical permit shall be applied for and approved prior to installation of the sign. 3 3. An encroachment agreement shall be executed, approved by City Council, and recorded by the City prior to approval of the sign permit. 4. A private utility locate shall be performed prior to any work commencing on the site. 5. Installation shall be consistent with the approved sign plan received in City offices on October 20,2025 and the issued sign permit. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this ____ day of _____, 2025. Clint Hooppaw, Mayor ATTEST: Christina M. Scipioni CERTIFICATE I, Christina M. Scipioni, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the day of , 2025. Christina M. Scipioni, City Clerk ITEM: 4.B. MEETING DATE: November 19, 2025 SECTION: Public Hearings Description: Fraser 1st Addition Comprehensive Plan Amendment Consider an amendment to the Comprehensive Plan Land Use Map to designate 2.19 acres of property from "HD" (High Density Residential) to "C" (Commercial), and 1.21 acres of property from "SIHD (Suburban Intensive High Density) to "C" (Commercial). LOCATION: The northwest corner of 147th Street West and County Road 42 (Lot 1 and Lot 2, Block 1, Fraser 1st Addition) APPLICANT: City of Apple Valley Staff Contact: Sydnee Stroeing, Associate Planner Department / Division: Community Development Action Requested: Open the public hearing, receive comments from the public, and close the public hearing. It is the policy of the Planning Commission not to take action on an item the night of its public hearing. Summary: City staff are initiating an amendment to the 2040 Comprehensive Plan Land Use Map to re- designate 2.19 acres of property (Lot 1) from "HD" (High Density Residential 12+ units/acre) to "C" (Commercial), and 1.21 acres of property (Lot 2) from "SIHD" (Suburban Intensive High Density 24 to 48 units/acre) to "C" (Commercial). The subject properties are located at the northwest corner of 147th Street West and County Road 42 — Lot 1 and Lot 2, Block 1, Fraser 1st Addition. Lot 1 is the existing property of Fraser Living Facility (a/k/a Apple Grove Court). Lot 2 is a City-owned vacant property. Both properties are zoned for "LB" Limited Business, which is inconsistent with the HD and SIHD land use designations. The purpose of the amendment is to bring the land use designations into conformance with the existing LB zoning. Background: When the City reviews an amendment to the Comprehensive Plan, it has the most discretion to determine whether the use is appropriate for the location and consistent with the development vision of the area. Lot 1 and Lot 2 were designated from C to HD with the 2030 Comprehensive Plan Update. Lot 2 was then designated to SIHD with the 2040 Comprehensive Plan Update. It is a requirement and best practice to align a property's zoning and land use designation. The properties were never rezoned from LB to align with the updated residential land use designations. Staff does not anticipate that Lot 1 and Lot 2 will be developed as high-density residential in the future due to existing site conditions, zoning requirements, and the City's vision of the area. Lot 1 is the current site of a 17-unit assisted care facility for disabled adults. This is an allowed conditional use under the LB zoning district. Lot 1 received a conditional use permit (CUP) for the facility in 1999. The existing use of the Fraser-owned property as an assisted care facility and the approved CUP will not be affected by this proposed amendment. Staff have sent correspondence to the property owner of Lot 1 regarding the proposed update. No comments have been received from Fraser Living on the proposed amendment. Lot 2 is a vacant City-owned parcel. This property is currently under purchase agreement with Northland Real Estate Group. The City Council approved this purchase agreement with the developer's intent of developing the property with a use allowed under the LB zoning district. The proposed amendment is in alignment with the anticipated future development of the property. Future development of Lot 2 will come before the Planning Commission and City Council for consideration. Apple Valley's 2040 Comprehensive Plan provides the following guidance (but not limited to) for Commercial and Limited Business developments: • The City uses the zoning ordinance to regulate the intensity and characteristics of development. Lower-intensity districts include Limited Business and Neighborhood Commercial. • The Limited Business designation is reserved for general offices and businesses that exclude retail activities. Business operations usually occur within an enclosed building and are generally limited to weekdays. • Limited Business uses are located adjacent to the retail core of the downtown and may act as a transition to residential neighborhoods. • Significant traffic attracted by the site development shall be generally limited to the morning and evening peak hours with modest levels of off-peak activity. Weekend traffic impacts should be minimal. Budget Impact: N/A Attachments: 1. Location Map 2. Land Use Map 3. Zoning Map 4. Engineering Memo 14 7 T H S T W M C I N T O S H D R HARALSON DR FRONTAGE RD ORI O L E D R FRONTAGE RD HAVEN DR 150TH ST W COUNTY ROAD 42 HALLMARK DR CITY OF APPLE VALLEY FRASER 1ST ADDITIONLOCATION MAP !I 0 100 20050 Feet Subject Properties C P LD LD SIHD LD MD LD INS HD C P LD SIHD LD MD LD INS HD CITY OF APPLE VALLEY FRASER 1ST ADDITIONLAND USE MAP !I Existing Proposed C 0 160 32080 Feet Subject Properties Subject Properties PD PD PD PD LB R-3 P R-3 P CITY OF APPLE VALLEY FRASER 1ST ADDITIONZONING MAP !I 0 100 20050 Feet Subject Properties City of Apple Valley Public Works | Engineering MEMORANDUM DATE: November 12, 2025 TO: Sydnee Stroeing, Associate Planner FROM: Evan Acosta, Assistant City Engineer SUBJECT: Fraser 1st Addition Comprehensive Plan Amendment Sydnee, Engineering has modeled the proposed change in both traffic and sewer/water demands of the Fraser 1st Addition Comprehensive Plan Amendment. There are no concerns, and summaries have been provided below. Traffic 1. The intersection of 147th St W and CSAH 42 is proposed to be reconstructed as a ¾ access (left turn prohibited for vehicles entering CSAH 42) in 2027 by Dakota County. This was considered as part the traffic analysis. The full traffic study is attached. 2. To estimate the difference in the trip generation between the existing and proposed zoning, a trip generation estimate was developed for the a.m. and p.m. peak hours and a daily basis. The estimate, shown in Table 1, was developed using the ITE Trip Generation Manual, 11th Edition. Results of the trip generation estimate indicate that the current zoning is expected to generate 28 a.m. peak hour, 32 p.m. peak hour, and 378 daily trips. With the proposed rezoning, the lots are estimated to generate 41 a.m. peak hour, 52 p.m. peak hour, and 511 daily trips. This results in the rezoned properties generating an additional 13 a.m. peak hour 20 p.m. peak hour and 133 daily trips. City of Apple Valley Public Works | Engineering MEMORANDUM Sanitary Sewer and Watermain 3. City Modeling shows that water and sewer use under the proposed comprehensive plan amendment is reduced by about 85% compared to the existing comprehensive plan assumptions. ` (gpd)(gpm)(gpd)(MGD)(gpd)(gpm)(gpd)(gpm) Comprehensive Plan 22,273 NA NA 19,090,000 19.1 29,518 NA NA 7,768 NA NA With Fraser 1st Addition Amendment 4,250 -18,023 -12.5 19,071,978 19.1 4,896 -24,622 -17.1 1,360 -6,408 -4.5 Water System Wastewater System Maximum Day Demand (MDD) (gpd) Peak Hourly Flow (PHF) (gpd)Planning Scenario Difference Difference Difference q Capacity Average Day Flow (ADF) (gpd) MEMORANDUM www.sr fconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer SRF Project No. 19857 To: Evan Acosta, PE, Assistant City Engineer City of Apple Valley From: Tom Sachi, PE, Senior Project Manager Payton Gehloff, Engineer I Date: November 12, 2025 Subject: Apple Grove Court Zoning Study; Apple Valley, Minnesota Introduction SRF has completed a zoning study for Apple Grove Court and one adjacent lot in the northwest quadrant of the 147th Street and 150th Street intersection in Apple Valley, MN. The main objectives of the study are to estimate the current trips occurring or that are currently allowed through zoning and compare with the trips expected with the future re-zoning of the lots. The following information provides the assumptions, analysis, and study recommendations offered for consideration. Proposed Zoning Changes There are currently two (2) lots that are proposed to be rezoned as shown in the picture below. North Lot South Lot 150th Street/CSAH 42 Apple Grove Court Zoning Study November 12, 2025 Page 2 of 6 • The northern lot includes the current Apple Grove Court, a housing development by Fraser. o This lot is currently 2.19 acres and zoned High Density Residential (12+ units per acre). There are currently 17 residential units on site. o It is proposed to be re-zoned to Commercial with Limited Business. o It is not expected that this site will redevelop in the near future, as this building was recently constructed. • The southern lot is currently empty. o This lot is currently 1.21 acres and zoned Suburban Intensive High Density (24 to 48 units per acre). o Under the current zoning, it is expected that there could be up to 58 units of housing on the southern lot. o It is proposed to be rezoned to Commercial with Limited Business. The maximum building coverage is 20 percent. o With Limited Business, this could include office and professional services (offices, clinics, banks, daycare). No retail or over the counter sales are permitted. o Under the future zoning, it is expected that there could be up to approximately 11,000 square feet of office type use. o Given the land uses that could be included on site, the most trip intensive use is expected to be a Medical/Dental Office type use. Proposed Zoning Trip Generation To estimate the difference in the trip generation between the existing and proposed zoning, a trip generation estimate was developed for the a.m. and p.m. peak hours and a daily basis. The estimate, shown in Table 1, was developed using the ITE Trip Generation Manual, 11th Edition. Results of the trip generation estimate indicate that the current zoning is expected to generate 28 a.m. peak hour, 32 p.m. peak hour, and 378 daily trips. With the proposed rezoning, the lots are estimated to generate 41 a.m. peak hour, 52 p.m. peak hour, and 511 daily trips. This results in the rezoned properties generating an additional 13 a.m. peak hour 20 p.m. peak hour and 133 daily trips. Apple Grove Court Zoning Study November 12, 2025 Page 3 of 6 Table 1 Proposed Development Trip Generation Estimate Land Use Type (ITE Code) Size Weekday A.M. Peak Hour Weekday P.M. Peak Hour Daily Trips In Out In Out Existing Apple Grove Court (220 Multifamily Low Rise) 17 units 2 5 5 4 115 Lot 2 (221 Multifamily Mid Rise) 58 units 5 16 14 9 263 Total 7 21 19 13 378 Proposed Zoning Apple Grove Court (220 Multifamily Low Rise) 17 units 2 5 5 4 115 Lot 2 (720 Medical/Dental Office) 11,000 SF 27 7 13 30 396 Total 29 12 18 34 511 Trip Difference +22 (-9) (-1) +21 +133 The trips generated under the proposed zoning were distributed throughout the area based on the directional distribution shown in Figure 1, which was developed based on a combination of existing travel patterns, and engineering judgement to understand the magnitude of trips impacting the local roadway system. The site generated trips under the existing roadway configuration are shown in Figure 2 for the a.m., p.m., and daily trips. In addition to being distributed under the existing roadway configuration, it is expected that at the CSAH 42 (150th Street) and 147th Street intersection, there will be an access modification to a three-quarter access that restricts side-street left-turns in the near future. A site generated trips estimate is shown in Figure 3 with the access modification. Given the expected travel times and the movements that are impacted, it is expected that southbound left-turning vehicles that were at 147th Street will now be re-routed and utilize Pennock Avenue to turn southbound left onto CSAH 42. NORTHNo r t h 02519857 November 2025 Directional Distribution Figure 1Apple Grove Court Development Traffic Study City of Apple Valley 20% 25% 20 % 30 % 25% Project Location 150th Street W / CSAH 42 147 t h S t r e e t W Pe n n o c k Av e Ce d a r Av e NORTHNo r t h 02519857 November 2025 Existing Configuration Figure 2Apple Grove Court Development Traffic Study City of Apple Valley 20% Project Location 14 7 t h S t W 3 ( 9 ) [ 6 4 ] 7 ( 2 0 ) [ 15 3 ] 150th St W [64] (4) 7 17 (11) [154] XX (XX) [XX] - A.M. Peak Hour Volume - P.M. Peak Hour Volume - Average Daily Volume - Side-Street Stop Control - Signalized Control LEGEND Pen n o c k A ve 147th St W [39] (5) 2 5 [3] (38) 150th Street W / CSAH 42 147 t h S t r e e t W Pe n n o c k Av e Ce d a r Av e NORTHNo r t h 02519857 November 2025 Proposed 3/4 Intersection at 150th and 147th Street Intersection Figure 3Apple Grove Court Development Traffic Study City of Apple Valley 20% Project Location 14 7 t h S t W 3 ( 9 ) [ 6 4 ] 150th St W [64] (4) 7 17 (11) [154] XX (XX) [XX] - A.M. Peak Hour Volume - P.M. Peak Hour Volume - Average Daily Volume - Side-Street Stop Control - Signalized Control LEGEND Pen n o c k A ve 147th St W [77] (10) 4 5 [3] (38) Pen n o c k A ve 5 ( 1 5 ) [ 11 5 ] 150th St W 150th Street W / CSAH 42 147 t h S t r e e t W Pe n n o c k Av e Ce d a r Av e ITEM: 6.A. MEETING DATE: November 19, 2025 SECTION: Other Business Description: Review of Upcoming Planning Commission and City Council Meetings and Other Updates Staff Contact: Breanna Vincent, Department Assistant Department / Division: Community Development Action Requested: Informational item only. Summary: Next Planning Commission Meetings: Wednesday, December 3, 2025, at 7 p.m. Applications due by 9 a.m. on Wednesday, November 5, 2025 Wednesday, December 17, 2025, at 7 p.m. Applications due by 9 a.m. on Wednesday, November 19, 2025 Next City Council Meetings: Tuesday, November 25, 2025, at 7 p.m. Thursday, December 11, 2025, at 7 p.m. Background: N/A Budget Impact: N/A Attachments: None