HomeMy WebLinkAbout02/05/2020•••
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Apple II
Valley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
February 5, 2020
PLANNING COMMISSION TENTATIVE AGENDA
7:00 PM
1. Call to Order
2. Approve Agenda
3. Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A. Approve Minutes of December 18, 2019, Regular Meeting
B. Approve 2019 Planning Commission Annual Report
4. Public Hearings
A. Orchard Place - PC 19 -22 -ZS
Consider the Following Requests:
1. Rezoning 45 Acres from "SG" (Sand and Gravel) to "RB" (Retail
Business)
2. Subdivision of 45 Acres by Preliminary Plat to Create Three (3)
Lots and Three (3) Outlots
Location: Northwest Corner of 157th Street West and Pilot Knob Road
Petitioner: HJ Development, LLP and Rockport, LLC
B. Consider Ordinance Amendments Related to Special Events, Temporary
Signage, and Mobile Food Units
5. Land Use / Action Items
6. Other Business
A. Review of Upcoming Schedule and Other Updates
Next Planning Commission Meeting - Wednesday, February 19, 2020 -
7:00 p.m.
Next City Council Meeting - Thursday, February 13, 2020 - 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.cityofapplevalley.org
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.A.
February 5, 2020
Consent Agenda
Description:
Approve Minutes of December 18, 2019, Regular Meeting
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
Approve minutes of regular meeting of December 18, 2019.
SUMMARY:
The minutes of the last regular Planning Commission meeting are attached for your review
and approval.
BACKGROUND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
DECEMBER 18, 2019
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at
7:00 p.m.
Members Present: Tom Melander, Tim Burke, Keith Diekmann, Jodi Kurtz and Paul Scanlan.
Members Absent: Ken Alwin and David Schindler.
Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community
Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy
Bodmer and Department Assistant Joan Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
Community Development Director Bruce Nordquist said item 5A — Applewood Pointe was
removed from the agenda.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the
agenda as amended. Ayes - 5 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz, approving the
minutes of the meeting of December 4, 2019. Ayes - 5 - Nays - 0.
4. PUBLIC HEARINGS
A. Apple Valley Commercial Center — PC19-20-SB
Chair Melander opened the public hearing at 7:02 p.m.
Planner Kathy Bodmer stated Scannell Properties #281, LLC and Menard, Inc. wish to realign a
common lot line between two lots to create a lot for construction of a 117,000 sq. ft. flex industrial
office/warehouse building. The subdivision will help to reshape the Scannell lot and make it more
suitable for development. The property is guided for industrial development and zoned "I-2"
(General Industrial). The proposed project is a permitted use in the zoning district, but subdivision
and site plan issues have been identified that will need to be addressed.
The Scannell parcel was outside of the Menard's development, which makes it outside of the PD
(Planned Development) zoning district for Menard's. The Menard's parcels are zoned PD -1053. The
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 18, 2019
Page 2 of 3
proposed new portion of the parcel to be included in the Scannell property will need to be rezoned,
either to I-2 or PD to follow the location of the new property lines. A new public hearing will need
to be held to consider the zoning amendment.
The plat involves shifting a common lot between the Menard and Scannell properties to create a
buildable lot. Right-of-way is dedicated for Johnny Cake Ridge Road and 147th Street West. The
lot as it abuts Fernando Ave is 22.54' and needs to be increased to a minimum of 50' wide.
Access to the site is proposed from both 147th Street West to the north and Fernando Avenue to the
west. A right turn lane will be required for the access off of 147th Street.
The proposed building is oriented so that the front of the building faces north. The rear loading dock
area faces south and will be visible from both Johnny Cake Ridge Road on the east and Fernando
Avenue on the west. A 5' setback is shown from the south edge of the truck dock circulation area to
the south property line. Berming and landscaping are not possible within the 5' area, but are needed.
Ms. Bodmer reviewed the parking requirements, grading and drainage, landscaping plan and
elevations.
Chair Melander commented that trucks used to be 50 feet long and became 65 feet long and
buildings that do not allow for extra length become functionally impaired in today's market. If that
area would get shortened up much and if trucks get any longer this would be an obsolete building
from the beginning. He would be inclined to leave a shorter setback to make it a functional building
in the future.
Commissioner Diekmann said regarding limitations on the outdoor storage, he asked what would be
outside and asked if it would be the garbage and recycling.
Ms. Bodmer replied yes and it would be in a normal enclosure.
Commissioner Scanlan inquired if there was any concern for fire access if the entrance was on the
west side of the building.
Ms. Bodmer answered that the petitioner provided a truck turn drawing that shows going up to the
dock doors. Staff would need something going around the site but concerns were not identified by
the Fire Department.
Dan Salzer, Scannell Properties, said he would be working with staff to cover any concerns.
Chair Melander closed the public hearing at 7:19 p.m.
5. LAND USE/ACTION ITEMS
-NONE-
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 18, 2019
Page 3 of 3
6. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next regular Planning
Commission meeting would take place Wednesday, January 15, 2020, at 7:00 p.m.
7. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to adjourn the
meeting at 7:20 p.m. Ayes - 5 - Nays - 0.
Respectfully Submitted,
/s/ Joan Murphy
Joan Murphy, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.B.
February 5, 2020
Consent Agenda
Description:
Approve 2019 Planning Commission Annual Report
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
Approve 2019 Planning Commission Annual Report
SUMMARY:
The Community Development Department is responsible for the work of the Planning
Commission. City ordinance requires that a report of Commission be provided annually
representing the work during the preceding year, 2019.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A
ATTACHMENTS:
Report
APPLE VALLEY
Planning Commission
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Apple
Valley
2019 ANNUAL REPORT
Planning Commission
The role of the Planning Commission is to make recommendations to the City Council on a
variety of land use requests and issues. In 2019, there were 16 Planning Commission meetings
held that consisted of public hearings, land use applications and sketch plans.
Members of the Apple Valley Planning Commission included:
• Tom Melander, Chair
• Tim Burke, Vice -Chair
• David Schindler, Secretary
• Ken Alwin
• Keith Diekmann
• Jodi Kurtz
• Paul Scanlan
Community Development - 2019
Economic Development - Overview
The City of Apple Valley continues to see a high level of development. Single family and
multi -unit housing review and approvals and commercial retail and office repositioning were
notable activities throughout the year. The intersection of Cedar Avenue and County Road 42,
our "main and main", showed significant transformations in all four quadrants at the core of the
downtown. Available land was committed to new neighborhoods and initial uses of the Mixed
Business Campus, known as "Orchard Place". During 2019:
Working with the business community, staff has completed a digital sign text amendment. The
amendment allows digital signs to be displayed in all colors, and reduces the hold time from 20
minutes to 60 seconds. The code was endorsed by the Apple Valley Chamber of Commerce,
and increases the safety of these signs by requiring an automatic shut-off in the event of
malfunction.
The City hosted Minnesota State Legislators to "Complete the Red Line" by adding an elevated
crossing at the 147th street station. The Mayor, and Chamber President presented to a bus full
of legislators about the importance of an elevated crossing on the busy roadway. Staff assisted
by providing illustrations of what the skyway will look like, a packet of information, and attending
the event to assist as needed.
Regency Center completed a reported $7 million renovation of the Apple Valley Square
shopping center, with the addition of Xperience Fitness, and 5 Below. Staff also worked
extensively with the adjacent property owner to create a pad site future location in front of the
Aldi/Burlington.
Land Use Development
As Apple Valley celebrated its 50th anniversary last year, development activity continued to
evolve with it moving away from review of traditional suburban projects on greenfield parcels to
proposals on infill parcels that are generally surrounded by established neighborhoods and
businesses. Many of the infill projects in 2019 were generally more complex and controversial,
which led to more review and meetings.
This trend is expected to continue, as less open land is available for development. According to
the City's 2040 Comprehensive Plan, there are 557 acres of property that is either vacant or
part of a sand and gravel operation. That compares to 6,840 acres that were identified twenty
years ago in the 2020 Comprehensive Plan.
In 2019, there were 22 land use development applications. Land use development applications
may consist of multiple actions that must be reviewed and analyzed by staff, then presented to
the Planning Commission and City Council for their consideration and action. A total of 16
Planning Commission agendas, agenda packets, and minutes were prepared and distributed,
as well as 19 public hearings held:
Comprehensive Plan Amendments 2
Zoning Ordinance Amendments/Rezonings 11
Conditional Use Permits 4
Subdivision/Preliminary Plats/Final Plats 6
Site Plan Reviews/Building Permit Authorizations 4
Vacations 0
Variances 3
Environmental Reviews 0
Interim Use Permits 0
Miscellaneous 2
Sketch Plans 4
Total 36
Performance and activity never tells the whole story. The complexity of land use requests,
particularly this year, has often involved comprehensive plan revisions, re -zonings, zoning
amendments, variances and site plan/building permit authorizations on property located in
established neighborhoods. Changes in the fully developed area of the City often require
multiple meetings for the complete review following considerable time.
Commercial Projects
Menard's at Hanson Concrete — Menard, Inc. received approval of their final plat and
development agreement, which allowed them a begin the infrastructure improvements and a
construction of a 216,209 -sq. ft. Menard's store and 48,970 -sq. ft. warehouse at the northwest
corner of CSAH 42 and Johnny Cake Ridge Road.
Apple Valley Cross Roads (former Ryan Real Estate) — Construction began on the 11,000
sq. ft. multiple tenant commercial building at 14750 Cedar Ave. The former Ryan Real Estate
building was demolished and the new building should be ready for occupancy during summer of
2020. Tenant finishes are also underway for Aspen Dental, Jersey Mike's, Gent Cuts and
Grooming, Tough Mudder Bootcamp and Panchero's Restaurant.
Time Square Redevelopment — At Time Square, a final plat, CUP for a drive-thru, site
plan/building permit authorization, setback variance, and parking stall depth variance were
approved by the City. Portillo's was a planned addition, with extensive site improvements. The
sale of the property was not completed as anticipated in 2019, but the City has all approvals in
place for another landowner to come forward. Those land negotiations were underway in later
2019 and continue in early 2020.
Panera Bread Restaurant — Approval was granted to Panera, LLC and Brixmor Southport
Centre, LLC for a planned development ordinance amendment and site plan/building permit
authorization to allow the removal of the existing Baker's Square restaurant and construction of
a new Panera Bread restaurant with drive-through window service at 15200 Cedar Avenue.
Construction of the new restaurant is expected to begin during the spring of 2020.
Cider Ridge Marketplace — Preliminary approvals were received for a proposed
comprehensive plan amendment, rezoning, subdivision by preliminary plat, conditional use
permit and site plan review/building permit authorization for a 7,200 sq. ft. office/retail building
on the northeast corner of Cedar Ave and 145th Street West.
Jardin Learning Academy — A preliminary plat, conditional use permit and site plan
review/building permit authorization were approved to allow for the subdivision of the existing
Biewald Orthodontics property, located at 14605 Glazier Ave., to create a 36,800 sq. ft. lot in
order to construct a 2 -story, 12,200 sq. ft. child daycare facility with outdoor play area.
Apple Valley Square 6th Addition — TLM Realty was approved for a preliminary plat to
subdivide the Aldi/Burlington Coat Factory lot to create a pad site in the northeast corner of the
lot. The lot is proposed to be .52 acres and include a 2,500 sq. ft. retail building. The applicant
has not submitted a final plat application, and is waiting for a user to come forward to complete
required development agreement provisions.
Hy -Vee Convenience Store — Hy -Vee, Inc. submitted an application to redevelop the Liberty
Credit site on the southeast corner of Pennock Lane and CSAH 42, 7668 -150th Street W. The
plans called for demolishing the existing office building and constructing a 4,400 sq. ft.
convenience store with a total of 10 fueling stations. The City Council determined that the right-
of-way that was requested to be vacated was still needed, and denied the vacation request. Hy -
Vee decided they could not proceed without the additional right-of-way and withdrew their
request.
Pennock Place C.U.P. — The City approved a Conditional Use Permit (CUP) for a drive-through
and setback variances to allow a 6,100 sq. ft. commercial building to redevelop the Liberty
Credit site. This allows the property owner to demolish the building and replace it with a more
functional, and attractive commercial building. Demolition and building is expected in the early
2020 building season.
Orchard Place Retail Development — Staff has been working with a developer and property
owner over the past two years on a development proposal for a 40 -acre reclaimed gravel mining
area, located at the northwest corner of 157th Street West and Pilot Knob Road. Development
of the site will likely include over 270,000 sq. ft. of retail space and will require rezoning,
subdivision, and site plan/building permit authorization approval.
An application was received at the end of December, which requests a rezoning and subdivision
that would create three lots and three outlots for the purpose developing 31,700 sq. ft. of retail
space on approximately seven acres.
Bogart's Entertainment Center Outdoor Sand Volleyball CUP — The owners of the
entertainment center, located at 14947 Garrett Ave., received approval of an amendment to
their existing conditional use permit to allow the volleyball sand to remain on site over the
winter.
Industrial Projects
Wasatch Storage — Construction was completed in 2019 of an 804 -unit self -storage facility at
the northeast corner of Johnny Cake Ridge Road and 147t" Street in 2017.
McCormick Computer Resale — McCormick Computer Resale completed their 23,700 sq. ft.
addition at 14925 Energy Way. The addition more than doubled the size of the existing building
and provides additional office and storage space, bringing the total size of the building originally
constructed in 1994 to 44,340 sq. ft.
Reliable Mini -Storage — A final plat and site plan/building permit authorization was approved
for a 6 building, 52,000 sq. ft. self -storage facility of 280 units located at Evendale Way and
147t" Street. Staff worked with the applicant to remove all units facing the residential homes to
the east and provide a 60 -foot wide buffer of landscaping and greenspace. The applicant has
sought additional time to begin the project, which is now anticipated to begin in early 2020.
Apple Valley Commerce Center — Review began in December of a request for the rezoning,
subdivision by preliminary plat and site plan review/building permit authorization to allow
construction of a 117,000 sq. ft. office/warehouse/flex industrial building on the southwest
corner of 147t" Street West and Johnny Cake Ridge Road. The development includes a land
swap with Menards and will further develop the internal street system adjacent to the new
Menards store. A decision on this request will likely occur sometime in 2020.
Air Products Cryogenic Air Separation Facility Inquiry — Staff met with representatives from
Air Products and Chemicals, Inc., to discuss what would be needed to develop the vacant lot
west of Abdallah Candy as an air separation facility. The Fire Marshal worked with the State
Fire Marshal's office, and staff conducted research to learn more about the air separation
process and whether there were risks that needed to be evaluated. Variances would have been
required for three storage tanks (to increase allowed height from 40' to 75') and a 20' x 20' "Cold
Box" (to increase the allowed height from 40' to 156'). While the air processing itself appeared
to be a clean and safe process, the cold box would have been one of the tallest structures in the
City, and would have been even more prominent sitting on the hill behind Menards. In the end,
Air Products decided to not move forward.
Residential Projects
Apple Valley Golf Course Comprehensive Plan Amendments — Several meetings were held
including three public hearing to consider comprehensive plan land use map amendments to
allow for the re -designation of a 23 -acre golf course from "PR" (Private Recreation) to a
residential designation. After numerous meetings, the City Council approved the submittal of
amendments to the Metropolitan Council that would create a new designation called Low
Density Flex (LDF) and re -designate the property to "LDF".
ADU Zoning Amendments — An application was submitted requesting that the City consider
amendments to the city code to allow for the expansion accessory dwelling units (ADU) into
more single-family residential zoning districts. This request came from a resident who had an
interest in establishing an ADU in an "R-3" residential zoning district. The applicant withdrew his
application and no formal action was taken by the City.
Applewood Pointe Senior Cooperative and Townhomes: - Review began in 2019 on a
proposed redevelopment of 10.93 acres of property from single-family to multi -family residential
that would include a 98 senior co-op dwelling units and seven townhomes, located at the
northeast corner of Pilot Knob Road and CSAH 38, by United Properties. Review of this project
will occur in 2020.
Springs at Cobblestone Lake — Continental 432 Fund, LLC completed construction of 196 -unit
multi -family apartment development on the last tract of residential land in Cobblestone Lake. The
11.8 -acre parcel is located in the northeast corner of Pilot Knob Road and CSAH 46.
Nuvelo (formerly Bigos Kelley Park) - Construction is underway on the two multiple family
apartment buildings flanking Fresco Terrace south of Kelley Park. The development includes a
61 -unit 4 -story building on the west side of Fresco Terrace and a combination 3- and 4 -story
114 -unit building on the east side of Fresco Terrace. The development offers the first live -work
facility with a 1,100 sq. ft. dedicated workspace area that includes a lounge area, conference
rooms, rest rooms and dedicated parking spaces to support residents who may conduct home-
based businesses. Both buildings will have rooftop decks and the east building will contain the
shared community outdoor area with pool, grilling stations, and bocce ball courts.
Variances
The variance process is statutory, allowing the Planning Commission to make recommendations
on practical difficulties that sometimes occur in the exact enforcement of city code. The City
reviewed the following variances in 2019:
Springs at Cobblestone Lake — A variance from the city's sign code requirements was granted
to allow for a 20 -foot tall residential monument sign along the east side of Pilot Knob Road in
the Cobblestone Lake development, located at 15899 Elmhurst Parkway, Continental 432 Fund,
LLC.
881 Hopewell Lane Setback Variance — An application was submitted for a 2.5 -foot side and
rear yard setback variance for an existing 140 sq. ft. shed at 881 Hopewell Lane. Staff worked
with the applicant and determined that an application was not required. Internally, staff adopted
a best practice when working with existing structures within drainage and utility easements
where the property owner will work with staff to enter into an encroachment agreement that
states the applicant shall remove the obstruction if the City determines it requires access.
Zoning Code Amendments
Amendments to Accessory Structure and Fence Construction and Maintenance
Requirements — The zoning code was updated to reflect the current provisions of the building
code. Fence and accessory building requirements were addressed.
Sign Ordinance Amendments — Amendments to Section 154.04 (L) of the sign ordinance
regarding changeable signs were passed to allow for multi -colored messages and a
modification to the time that a message can change.
PD -703 Ordinance Amendments — Amendments were approved to the Cobblestone Lake
planned development ordinance to allow for a Class III restaurant with drive-through window
service as a permitted use in the commercial zone of the development.
Tough Mudder Zoning Amendment (Apple Valley Crossroads) — Planned Development No.
290, Zone 5 was amended to allow fitness facility, day spa or yoga studio, in the Apple Valley
Crossroads building 14750 Cedar Ave.
Multiple -Family Zoning Ordinance Amendments — Ordinance amendments to Sections
155.075 and 155.076 were passed to allow townhomes in the "M-7" (Multi -Family
Residential/12-2- units per acre) zoning district.
PD -1053 Ordinance Amendments/Menards Signage — Amendments to Planned
Development Ordinance No. 1053 were adopted that allowed additional building signage on the
new Menards store, located at the northwest corner of CSAH 42 and Johnny Cake Ridge Road,
Sketch Plan Reviews Held
Four sketch plan reviews were held in 2019:
• Orchard Place Commercial Retail Development
• Proposed ordinance to expand provision for accessory dwelling units ADU
• Ulrich Property Redevelopment
• Cider Ridge Marketplace/Hope Church Commercial
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4.A.
February 5, 2020
Public Hearings
Description:
Orchard Place - PC19-22-ZS
Staff Contact:
Thomas Lovelace, City Planner
Department / Division:
Community Development Department
Applicant:
HJ Development, LLP and Rockport, LLC
Project Number:
PC19-22-ZS
Applicant Date: 12/30/2019
60 Days: 2/28/2020
120 Days: 4/27/2020
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 a public hearing item the night of the public hearing.
SUMMARY:
For consideration is a request from HJ Development, LLP and Rockport, LLC for approval
of a rezoning of a 45 -acre parcel from "SG" (Sand and Gravel) to "RB" (Retail Business)
and the subdivision of the parcel into three (3) lots and three (3) outlots. Included in the
subdivision will be the dedication approximately 1,500 lineal feet of road right-of-way (r -o-
w) for future 155th Street West, 1,400 lineal feet of r -o -w for Pilot Knob Road and 500 lineal
feet of r -o -w for the north half of 157th Street West. The site is located at the northwest
corner of 157th Street West and Pilot Knob Road.
The site is part of the Fischer Sand and Aggregate mining operation, which has a conditional
use permit (C.U.P.) that allows for the extraction and processing of aggregate materials from
the site. The owner will need to remove the property from the C.U.P.
BACKGROUND:
Comprehensive Plan: The subject property, with exception of the ponding area, is currently
guided "C" (Commercial) on the 2040 Comprehensive Plan Land Use Map. Commercial
areas include a wide variety of retail, office and service uses that vary in intensity and off-
site impacts. The City uses the zoning ordinance to regulate the intensity and characteristics
of development. Lower -intensity districts include "LB"(Limited Business) and "NCC"
(Neighborhood Convenience Center). Higher -intensity districts include "GB" (General
Business) and "RB" (Retail Business). In each district land use and performance standards
such as parking, building setbacks, storm water infiltration, access and lot coverage set the
parameters for development.
The ponding area has an open space/water designation. The proposing ponding area is
consistent with the designation.
Zoning: The subject property is currently zoned "SG" (Sand and Gravel), which allows for
the excavation, extraction, hauling, mining, stockpiling or processing of sand and gravel
deposits; and buildings and equipment, including concrete and asphalt plants as conditional
uses. The applicant has indicated that they would like to rezone the property to "RB" (Retail
Business). Section 155.155 of the zoning ordinance describes the "RB" zoning district as
"areas that are centrally located to serve the need for general retail sales". Some of the
permitted uses within this district include a wide variety of retail, including Class I and III
restaurants, and on -sale wine and/or 3.2% liquor in conjunction with a restaurant. Such uses
as carwash operations, Class II restaurants, and on -sale liquor are permitted conditional uses.
Initial construction in new shopping centers in the "RB" zoning district shall include a
minimum of 20,000 sq. ft. of floor area to ensure that the center will function as described in
Section 155.155. The ordinance also requires that an overall concept plan shall be submitted
and approved by the city, which shall include the following:
• The architectural style of all the structures;
• parking;
• driveways;
• landscaping and screening; and
• adequate spaces for future community facilities, when the facilities are to be part of the
center.
The Cub shopping area, Time Square and Apple Valley Square are examples of shopping
centers that are zoned "RB".
Other applicable zoning districts for a development such as this would be the "SC" (Regional
Shopping Center) and "PD" (Planned Development) districts. Section 155.170 of the zoning
ordinance describes the "SC" district as "an area designed to serve the monthly shopping
needs of a population from a geographical area which extends beyond the corporate limits of
the city". This district requires the initial construction of a minimum of 100,000 sq. ft. of
floor area to ensure that the center will function as described in Section 155.170. It also
requires the submittal and approval of an overall plan that will include:
• The architectural style of all the structures;
• parking;
• driveways;
• landscaping and screening; and
• a preliminary plat of all the lots, including those for peripheral development.
There is currently no land in the city that is zoned "SC".
Many of the larger commercial/retail areas in the city are zoned "PD" (Planned
Development). These include Fischer Marketplace, Hillcrest Acres, Cobblestone Lake, and
Southport Centre. A planned development is defined as a urban development having two or
more principal uses and having specialized performance standards relating to an overall
approved development plan to provide for an optimal land use relationship. This type of
zoning for the site has been discussed and the interest is not there for the creation of such a
district.
The applicant submitted a sketch plan for review by the Planning Commission at their
November 6, 2019, meeting, which showed four retail buildings totaling 25,200 sq. ft. and
one 6,500 -sq. ft. car wash operation on 7.1 acres. The Phase I property summary indicated
16,800 sq. ft. of restaurant area and 8,400 sq. ft. of retail area. The plan also showed an
additional 204,200 sq. ft. of space and one future development pad. The phasing presented
during the sketch plan review would be consistent with the "RB" zoning district.
Preliminary Plat: The applicant is proposing to subdivide 45 acres of property into three (3)
lots and three (3) outlots. The three lots, which are located in the southeast corner of the 45 -
acre parcel will be used for commercial/retail development. Public street right-of-way will
be dedicated for a section of 155th Street West, the west 115 feet of Pilot Knob Road and a
portion of the north 50 feet of 157th Street West.
Lots 1 and 3 will abut a public street, with Lot 2 having no public street frontage. A lot such
as this is described as a landlocked, which is defined as a lot or parcel without direct access
to a public street. As a general rule landlocked parcels that are served by private easements
will not be permitted. The City may permit landlocked parcels in a commercial complex
provided they have access to a public street by an easement over another parcel within the
same complex. Therefore, a cross access easement will be required.
Two access driveways currently exist along the north side a 157th Street West and are
identified on the site plan. The most westerly access is a full access and the easterly
driveway will be located across from English Avenue and will allow right -in only access to
the site. A third access, which will be a full access, is proposed along the south side of 155th
Street West.
Finally, a right -in only access is proposed from Pilot Knob Road, which is a county road.
The Dakota County Plat Commission has reviewed this proposal and have stated that they
would not allow the proposed access.
155th Street West will extend approximately 1500 feet west from Pilot Knob Road and will
have a temporary cul-de-sac at its terminus. An easement over the cul-de-sac outside of the
155th Street West will need to be dedicated.
The applicant will be required to dedicate one -foot (1') wide easements which will restrict
direct driveway/private street access to all city streets abutting the plat except at locations
approved by the City. They will also be required to dedicate to Dakota County an access
restriction easement along Pilot Knob Road.
Outlot A will be used for storm water ponding purposes, with Outlots B and C will be
reserved for future commercial/retail development. A drainage and utility easement should
be dedicated over all of the outlot.
A 50 -foot wide drainage and utility easement will be dedicated along the common boundary
line of Lots 1 and 2 and Outlots B and C. This will be the location of utilities that will serve
the plat. Other drainage and utility easements will be extended from the 50 -foot easement to
serve the Lots 1-3.
Ten foot (10') wide easements for drainage and utilities, street, sidewalk, street lights, and
tree plantings along the entire perimeter of lots wherever abutting public road right-of-ways
and five foot (5') wide drainage and utility easements along all common lot lines shall be
dedicated on the final plat.
Dakota County Review: Because the proposed subdivision is located adjacent to a County
road, it is subject to review by the Dakota County Plat Commission. The plans were
reviewed by the Plat Commission at its January 22, 2020, meeting and their comments are
included in an attached letter.
Site Plan: The applicant has provided a preliminary development plan for the 45 -acre
parcel. It shows the location of buildings, parking lots and access drives on the three lots as
well as Outlots B and C. Review of this plan is not part of this request and should be used
for reference purposes only.
Grading Plan: The grading plan shows the mass grading of the site, including the
construction of storm water ponding areas in Outlot A and to the north of 155th Street West,
which outside of the property to be platted. A drainage and utility easement should be
dedicated over the ponding area and any pipes used for collection to and discharge from the
ponding area. The City Engineer has reviewed the proposed grading plans and his comments
are included in the attached memo.
Availability of Municipal Utilities: Watermain and sanitary sewer lines are currently
located in the 157th Street West right-of-way. Utility service to the site will be made via
connections to the existing lines. The City Engineer has reviewed the utility plan and his
comments are contained in the attached memo. Revisions to their plans should be made per
the City Engineer's comments.
Street Classifications/Circulation: The proposed plat abuts Pilot Knob Road to the east
155th Street West to the north, and 157th Street West to the south. Pilot Knob Road is
classified as an A Minor Expander and the other two streets are classified a Minor
Collectors. Additional comments regarding circulation are included in the City Engineer's
memo.
Recreation Issues: Park dedication requirements are required as part of any subdivision and
are determined based upon the parkland demand created by the use contained within each
subdivision as it relates to the generation of person -residents. The amount of parkland
required for each person -resident is based on the need for parkland to achieve the park
services standard which the City has set through its historic parkland development. Parkland
dedication requirements will be determined at the time of approval of the preliminary plat.
The site plan shows a pathway that will connect to the existing tunnel under 157th Street
West in the southwest comer of the proposed development and extend north through Outlot A
to the south side of 155th Street West. This trail section will be part of the North Creek
Greenway, a 17.5 -mile multi -use greenway trail and natural corridor connecting Lebanon
Hills Regional Park and the Vermillion River. The trail will traverse the cities of Eagan,
Apple Valley, Lakeville, Farrington and Empire Township, providing opportunities for both
recreation and transportation. The necessary easements for this trail shall be established as
part of the platting of the subject property.
Public Hearing Comments: Open the public hearing, receive comments and close the
public hearing. It is the policy of the Planning Commission not to act on a public hearing item
the night of the public hearing.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Memo
Memo
Correspondence
Location Map
Comp Plan Map
Zoning Map
Zoning Map
Preliminary Plat
Site Plan
Grading Plan
Grading Plan
Utilities Plan
viii
vies*
•••
CITY OF Apple ii
Valley
MEMO
Public Works
TO: Tom Lovelace, Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: January 31, 2020
SUBJECT: Orchard Place Preliminary Plat.
General
1. Provide a narrative and site plan showing how the expansion will be constructed and any
impacts prior to building permit authorization. The narrative and plan shall include the
following:
a. Material storage and staging
i. All material storage to be onsite and indicated on plan.
b. Haul routes to and from the site.
c. Contractor and subcontractor parking locations
i. Onsite trade parking should be provided.
2. All work and infrastructure within public easements or right of way shall be to City
standards. A public improvement project will be required for sanitary sewer and water
main improvements as well as extension of 155th Street and intersection improvements at
155th and Pilot Knob.
3. A design agreement will be required for the design of the public utilities by City Staff.
4. Funding of all internal private streets and base utilities is expected to be the responsibility
of the developer. Funding for collector streets and trunk utilities will be included as part of
the development agreement and will be shared with the City of Apple Valley in accordance
with a Feasibility Study.
5. Access Restriction Easement will be required along Pilot Knob Road, 155th and 157th
Streets as part of the Development Agreement in accordance with access spacing
guidelines set by City Engineer and Dakota County.
6. Future 155th Street requires a Right-of-way Width of 120'.
7. Preliminary Plat should include required 10' drainage and utility easements along right of
way and 5' drainage and utility easements along common property lines per city code.
8. A 60' wide drainage and utility easement encompassing the sanitary sewer and water main
within the Orchard Place commercial development is required in lieu of the 50' as depicted.
9. A 30' wide drainage and utility easement encompassing the sanitary sewer laterals to serve
Lots 1, 2 & 3 is required.
10. A 15' wide drainage and utility easement adjacent to the 155th Street right-of-way in the
northwest quadrant of Pilot Knob Road and 155th Street encompassing the water main
connection between future Street A to the north and Pilot Knob Road.
11. A drainage and utility easement will be needed for the pond outlet pipe between WVR-
P53 and WVR-P54, storm water pond north of 155th Street (WVR-P53), and the
temporary ditch connecting the storm water pond and pond outlet pipe. As further
development occurs and additional active storm water storage is needed, additional
drainage and utility easement will be required to encompass the storage area.
12. A Trail, Drainage & Utility easements shall be provided for the proposed trail located
outside Outlot A or amend property line to include within Outlot A.
13. The area that includes the storm water ponds is shown as Outlot A and shall be dedicated
to the City. All of Outlot A shall be designated as a permanent drainage and utility
easement.
Permits
14. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge
Elimination System (NPDES) permit is required for any project that disturbs more than
one acre. Provide a copy of the executed permit prior to construction.
15. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required
prior to any land disturbing activity.
16. Provide a copy of any other required permits.
17. The City of Apple Valley will procure a sanitary sewer extension permit from the MPCA
and an approval from the Minnesota Department of Health for public water main as part
of public improvement project associated with public sanitary sewer and water main
extension.
18. A copy of the executed Encroachment Agreement with Magellan Pipeline for work occurring
within easement area as indicated on plans prior will need to be obtained prior to any
construction activity.
Site/Traffic
19. Additional drawing showing Auto turn turning movement to verify proposed temporary
cul-de-sac sizing. Additional Permanent Barricades in accordance with STR-13 shall be
included as part of final construction plans.
20. Right -in access from Pilot Knob Road as shown on the site plan shall be removed in
accordance with Dakota County Plat Commission letter dated 1/24/20.
21. As part of Phase 1, 155th Street will be extended from Pilot Knob Road to slightly
beyond the western access of the Orchard Place commercial development. The full street
corridor with landscaped medians, left turn lanes, and walkways will be constructed.
22. A street stub will also be provided for the future extension of Street A to the north of
155th Street. There are no traffic impacts, adverse or beneficial, to future Street A to the
North being constructed as part of future development.
23. Turn lanes along Pilot Knob Road for 155th Street and 157th Street will also be modified
and lengthened as part of the Phase 1 improvements due to longer queue lengths.
24. At 157th Street and Orchard Place Access, Southbound left turn movements are
anticipated to have Levels of Service D, C, and F during the PM peak hour for Phase 1,
Future Phasing, and Full Build out of the site respectively. A traffic signal system will be
needed to improve the Level of Service and safety for southbound vehicles exiting the
site to 157th Street. A traffic signal is anticipated to reduce southbound queues from 300
feet to 180 feet with the expected traffic as part of Phase 1.
25. A traffic signal is anticipated at 155th and Pilot Knob as part of Phase 1 with the expected
traffic as part of Phase 1.
26. Traffic Study as submitted by Kimley-Horn shall be updated to reflect the conditions set
forth with Dakota County regarding access to Pilot Knob.
27. The depicted right-in/right-out between the two full accesses on 155th Street will be further
reviewed and may be eliminated during final design. The spacing is measured from
centerline of roadway to centerline of access. The 330' minimum spacing provides enough
room for right turn lanes with tapers and will allow for three evenly spaced access points.
Less than three accesses can be constructed as long as the 330' minimum spacing as
described above is met.
28. Final site plan shall be reviewed with the construction plans and approved by City
Engineer.
Storm water Management
29. See supplemental comments regarding regional storm water drainage.
a. Storm water management for the WVR-P54 watershed was modeled by the
developer. The watershed of WVR-P54 includes the Orchard Place commercial
development and the medium density residential development to the west.
Preliminary grading and storm sewer pipe configurations have also been
determined by the developer.
30. Storm water management for the WVR-P53 watershed for the development of Phase 1 will
include the portion of the 155th Street corridor. The total active storm water storage
volume needed for the management of Phase 1 is approximately 2.5 AC -FT. This volume
will be stored in a basin north of 155th Street between the two allowed access points.
During future phases, as additional active storm water storage is required, this basin will be
converted into a pretreatment basin and outlet into the main storm water pond prior to
discharging to WVR-P54.
31. As part of the Phase 1 development, the ultimate pond outlet for WVR-P53 to WVR-P54
will be constructed. A temporary ditch will need to be constructed to outlet the proposed
storm water pond through the ultimate pond outlet.
32. Final grading, drainage, and erosion control plan shall be reviewed with the construction
plans at building permit/site plan authorization and approved by City Engineer.
Sanitary Sewer
33. New 10" — 12" PVC sanitary sewer with precast concrete manholes will be extended
through the Orchard Place commercial development and provide a stub for future
connection north of 155th Street. This sanitary sewer will connect to the existing 12" PVC
sanitary sewer stub at the south end of the property near 157th Street and English Avenue.
The sanitary sewer will be sized in conformance with the City's 2030 Land Use map to
provide service to the commercial properties within the 35.8 acre Orchard Place
commercial development and approximately 78.6 acres of future mixed use business
development north of 155th Street as shown on Figure 7. A portion of this sanitary sewer
will be installed within a steel casing by means of trenchless pipe installation and open cut
trench for the crossing of the existing Magellan gas pipeline and the proposed 155th Street
corridor.
34. New PVC services will be stubbed out from each manhole along this sanitary sewer to
provide service to the future buildings within Orchard Place. The size of the required
service pipes will be provided by the developer during final design.
35. Final sanitary sewer design and construction plans shall be completed by the City of Apple
Valley.
Water main
36. New 12" ductile iron pipe (DIP) water main will be extended through the Orchard Place
commercial development up to 155th Street. This water main will connect to the existing
12" DIP water main stub at the south end of the property near 157th Street and English
Avenue. This 12" water main is not part of the City's water distribution system and is being
constructed only to provide service to the Orchard Place commercial development.
37. The 12" DIP water main will have DIP water service stubs for the future commercial
buildings. The size of the required service pipes will be provided by the developer during
final design.
38. New 16" DIP is proposed on 155th Street between Street A and the limits of Phase 1. A
stub for future connection will be provided at this location.
39. Although not shown on the Water Distribution System map, a 16" DIP water main along
155th Street between future Street A to the north and the existing 16" DIP water main
within the east boulevard of Pilot Knob Road will also be constructed due to the proposed
phasing. This additional connection will provide the following benefits to the proposed
Phase 1 development:
a. Improve water quality by allowing for better circulation within the water main
system during the Phase 1 development
b. Reduce service interruptions due to water main shutdowns by providing another
connection to the existing water main
c. This proposed water main will utilize the existing 24" steel casing underneath Pilot
Knob Road as described above to mitigate traffic impacts to Pilot Knob Road.
d. When future trunk water main in the vicinity of this project is extended and looped
per the City's Water Distribution System map, this 16" water main can remain in
place to serve as a redundant trunk water main or be removed/abandoned in-place
to reduce the maintenance demand.
40. Final water main design and construction plans shall be done by the City of Apple Valley.
41. Proposed hydrant locations will be evaluated during final design for coverage and water
main maintenance. Hydrant coverage map will be required to be submitted prior to
building permit/site plan authorization.
Storm Sewer
42. Final storm sewer design shall be reviewed with the construction plans and approved by
City Engineer.
43. Plans should indicate if proposed storm sewer trunk lines serving multiple properties (Lots
1, 2 & 3) should be public infrastructure and include additional drainage and utility
easements on the preliminary plat.
•••
vies*
•••
CITY OF Apple
Valley
MEMO
Public Works
TO: Tom Lovelace, City Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: January 31, 2020
SUBJECT: Orchard Place Preliminary Plat — Offsite Drainage Comments.
Grading, Drainage and Erosion Control
1. All work and infrastructure within public easements or right of way shall be to City
standards. All storm sewer that will be publicly owned and maintained shall be constructed
per the latest Apple Valley Standard Detail Plates and Technical Specifications.
2. The storm sewer stub at the intersection of Johnny Cake Ridge Road and 157th Street is
designed to convey 5.5 cfs from the future Johnny Cake Ridge Road to the existing WVR-
P443 near Johnny Cake Ridge Road and CSAH 46. Stormwater beyond the anticipated 5.5
cfs should be directed towards the proposed WVR-P54 per the Apple Valley Surface Water
Management Plan (SWMP). Stormwater from 155th Street will be directed to the north to
the future WVR-P53. The maximum allowable discharge from WVR-P53 to WVR-P54 is
2.3 cfs during the 100 -year rainfall event per the SWMP.
3. Wet ponds and pretreatment basins (both interim and full build -out) shall meet the
requirements of the MPCA's Minnesota Storm Water Manual: Design Criteria for Storm
Water Ponds. It is required that public safety be considered in every aspect of pond design.
a. Wet Ponds
i. The minimum required total storage volume (Vts) equals the sum of the
volume in the permanent pool (Vpp below the outlet elevation) plus live
storage allocation for water quality volume (Vwq). VWq equals 1.0 inch of
runoff per new impervious acre. It is required that the VWq is discharged at
no more than 5.66 cubic feet per second per surface area of the pond.
Additional storage may be needed to meet the allowable discharge rate of
2.3 cfs per the SWMP for WVR-P54.
ii. It is required that basin outlets have energy dissipation:
1. The City of Apple Valley specifies that the maximum allowable
pipe velocity at basin outlets shall be 6 fps. The velocities of the
proposed pretreatment basin outlet pipes exceed 6 fps.
2. It is highly recommended that where open channels are used to
convey runoff to the pond, the channels be stabilized to reduce the
sediment loads.
iii. The WVR-P54.1 pond outlet configuration shall be modified to reflect a
skimmer structure as the primary outlet and a secondary overflow structure.
The skimmer structure shall be located within the embankment and have a
submerged pipe into the wet pond. The skimmer structure shall be set to
skim up to the 10 -year rainfall event. The skimmer structure shall provide 1'
between the NWL and the top of the submerged pipe. The secondary
overflow structure shall also be located within the embankment and be
constructed per Apple Valley Standard Detail Plate STO-14. The rim
elevation of the secondary overflow structure shall be at the HWL.
Restricting storm water flow to 2.3 cfs is preferred to be done via pipe size
and slope rather than a weir wall with orifice opening to limit the potential
for clogging.
iv. The channel between WVR-P54.1 and WVR-P54.2 in the interim condition
shall be designed to prevent erosion from occurring in the open channel.
The recommended maximum velocity for overland discharge is 4 fps.
b. Pretreatment Basins/Fore bays
i. It is required that where a fore bay is installed, direct vehicle/equipment
access be provided to the fore bay for sediment removal and other
maintenance activities. A 10' wide maintenance bench, 1' — 2' above the
NWL, with a maximum slope of 10% should be constructed around the
entire perimeter of the pretreatment basins (as shown on the typical section
included with the Preliminary Stormwater Management Memorandum
dated November 27, 2018) in conjunction with the maintenance access.
ii. It is recommended that the fore bays be sized to contain 10 percent of the
water quality volume (Vwq) in a pool that is four to six feet deep. Note that
the fore bay storage volume counts toward the total permanent pool
requirement. Vwq equals 1.0 inch of runoff per new impervious acre. The
typical sections of the pretreatment basins should be modified to reflect a
six -foot -deep maximum permanent pool.
iii. It is recommended that the fore bays be designed with a surface area
equivalent to 10 percent of the pond permanent pool surface area or
equivalent to 0.1 percent of the drainage area.
iv. The pretreatment basin typical sections should reflect a 6' permanent pool
depth.
v. It is highly recommended that flows from fore bays enter the permanent
pool area with non-erosive outlet conditions.
1. The outflow pipe velocities from the pretreatment basins to the wet
ponds are significantly above 6 fps. To alleviate the demand on the
outlet pipe, the outlet pipe should be designed with capacity to
handle the 10 -year rainfall event. Rainfall events larger than the 10 -
year can be conveyed to the wet ponds via an overland open
channel The recommended maximum velocity for overland
discharge is 4 fps.
vi. Skimming shall be provided at each of the pretreatment basins to prevent
floating debris from entering the main wet ponds. The outlets from the
pretreatment basins shall be modified to incorporate a skimmer structure
(within the embankment) and a submerged pipe in the pretreatment basin.
The skimmer structure shall be set to skim up to the 10-year rainfall event.
The skimmer structure shall provide 1' between the NWL and the top of the
submerged pipe.
c. Maintenance Access
i. It is required that adequate maintenance access be provided. The City of
Apple Valley requires a minimum width of 8 feet. If feasible, it is
recommended that the access be 10 feet wide, have a maximum slope of
10 percent, and be appropriately stabilized for use by maintenance
equipment and vehicles.
ii. It is required that the maintenance access extends to the fore bay, access
bench, riser, and outlet, and allows vehicles to turn around.
iii. The maintenance access should be covered by drainage and utility easement
and be clearly denoted on plans. The proposed easement should be shown
with the proposed grading to verify that the easement encompasses all the
proposed improvements.
d. Pond Buffers and Setbacks
i. It is highly recommended that a pond buffer extending a minimum of 16.5
feet outward from the maximum water surface elevation of the pond be
provided. Permanent structures (e.g., buildings) should not be constructed
within the buffer.
ii. Restoration/Landscape plan should indicate required buffer area above the
HWL.
e. Pond Emergency Spillway/EOF
i. Indicate the emergency spillway path that will pass storms in excess of the
ponds hydraulic design or if the permanent outlet pipe/structure fails.
ii. In the case of WVR-P54, the existing North Creek Greenway Trail
underpass will function as the emergency spillway and drain into Quarry
Point Park.
4. This project is located in the East Lake watershed; East Lake is impaired due to
phosphorus. Per the Apple Valley SWMP Policy 6.4, enhancements to the pond and
filtration basin to capture dissolved phosphorus are recommended.
5. This project is within 1 mile of East Lake. Projects that drain to a water impaired for
phosphorus, turbidity, TSS, DO or aquatic biota, and that are within a one-mile distance of
that impaired water, are required to comply with sections 23.9 and 23.10 of the Minnesota
NPDES Construction Permit. Portions of this project will be required to comply with
sections 23.9 and 23.10:
a. 23.9 - Permittees must immediately initiate stabilization of exposed soil areas, as
described in item 8.4, and complete the stabilization within seven (7) calendar days
after the construction activity in that portion of the site temporarily or permanently
ceases. [Minn. R. 7090]
b. 23.10 - Permittees must provide a temporary sediment basin as described in Section
14 for common drainage locations that serve an area with five (5) or more acres
disturbed at one time. [Minn. R. 7090]
6. The Hydro CAD model reflects a Manning's roughness coefficient of 0.012. The standard
Manning's roughness coefficient for concrete pipe is 0.013.
7. Verify that the proposed pretreatment basin/pond data shown on the figures matches the
data in the Hydro CAD model. For example, WVR-P54.5 indicates a permanent pool
volume and active storage volume of 8,786 cf and 46,424 cf respectively, however, the
Hydro CAD model on page 93 of the Full Build -Out Condition indicates a permanent pool
volume and active storage volume 8,372 cf and 40,205 cf respectively.
8. The North Creek Greenway Trail shall be designed per the standards in the MN DOT
Bikeway Facility Design Manual for a 12' wide, 20 mph shared -use path.
a. When between ponds and pretreatment basins, the minimum North Creek
Greenway Trail corridor width shall be 28' wide (measured between HWLs): a 12'
wide trail with 2' clear zone on both sides and a 6' buffer to the HWL on both sides
allowing room for other trail amenities such as trees.
b. The desired freeboard from adjacent pond/pretreatment basin HWLs to the North
Creek Greenway Trail is 1'.
9. Additional trail segments shall be constructed around the perimeter of the
ponds/pretreatment basins to create a "looping" feature.
a. The desired freeboard from adjacent pond/pretreatment basin HWLs to the trails is
1'
10. The discarded volumes shown in the Hydro CAD model seem very high and do not match
the infiltration volumes shown in the body of the memorandum. A preliminary design of
WVR-P54 done by the City estimated that the total active storage volume of WVR-P54
would be approximately 39 ac -ft. Approximately 36 ac -ft of active storage is currently
provided in the proposed design.
11. Provide CAD drawings of the proposed contours and site improvements to the City
Engineer.
12. Provide Hydro CAD modeling files to the City Engineer.
13. The revised Stormwater Management Memorandum shall be reviewed and approved by
City Engineer.
14. Final grading, drainage, and erosion control plan shall be reviewed with the construction
plans and approved by City Engineer.
(7-•:,
C O U N T Y
qDakota County Surveyor's Office
Western Service Center • 14955 Galaxie Avenue • Apple Valley, MN 55124
952.891-7087 • Fax 952.891-7127 • www.co.dakota.mn.us
January 24, 2020
City of Apple Valley
7100 147th Street W.
Apple Valley, MN 55124
Re: ORCHARD PLACE
The Dakota County Plat Commission met on January 22, 2020, to consider the preliminary plat of the above
referenced plat. The plat is adjacent to CSAH 31 (Pilot Knob Rd.) and is therefore subject to the Dakota
County Contiguous Plat Ordinance.
The proposed plat includes commercial development along CSAH 31 between 155th Street West and 157th
Street West. The right-of-way needs are 100 -feet of half right of way along CSAH 31 for a future 6 -lane
roadway, which is shown on the plat. The access spacing guidelines are %z -mile full access. However, there is
an existing 'A -mile full access spacing at 155th Street and 157th Street, which was agreed upon through the
"2007 Dakota County CSAH 31 Corridor Study". The site is proposing a right -in only access between 155th
Street and 157th Street at the 1/8 -mile location. The Plat Commission stated that there is already a deviation
to the existing access spacing guidelines with the compromise/agreement through the "Study" from %z -mile
full access spacing to 'A -mile full access spacing between 155th and 157th Streets.
The traffic study did indicate that there would be only limited impacts to the County Road System at the
proposed location. However, as stated, there is no benefit to the County Road System with the proposed
restricted access location. After much discussion, the Plat Commission stated that they would not allow the
proposed right -in access. Restricted access symbols should be shown along all CSAH 31.
The Plat Commission has approved the preliminary plat provided that the described conditions are met. The
Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is
made to the County Board of Commissioners.
Traffic volumes on CSAH 31 are 24,000 ADT and are anticipated to be 35,000 ADT by the year 2030.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder's Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the permitting
process which reviews the design and may require construction of highway improvements, including, but not
limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc.
Please contact Butch McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson
regarding Plat Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
^46
Todd B. Tollefson
Secretary, Plat Commission
c: Chris Moe, HJ Development
Will Matzek, Kimley-Horn
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App Valil
ley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4.B.
February 5, 2020
Public Hearings
Description:
Consider Ordinance Amendments Related to Special Events, Temporary Signage, and Mobile
Food Units
Staff Contact:
Alex Sharpe, Planner and Economic Development Spec.
Department/ Division:
Community Development Department
Applicant:
City of Apple Valley
Project Number:
17-15-0
Applicant Date:
60 Days:
120 Days:
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 a public hearing item the night of the public hearing.
SUMMARY:
In May and September 2018 the City Council provided staff direction on a draft ordinance
for Special Events, Outdoor Commercial Promotions, Temporary Signage, and Mobile Food
Units. Utilizing the draft code as a guide, staff issued four event permits in 2019, this has
resulted in staff learning several best practices, and potential alterations to the draft code.
In May 2018, City Council reviewed/approved the Park Event policy and procedure
application which manages events in City parks. These two processes have occurred on a
parallel track, the proposed ordinance changes relate to events which are not contained within
a park such as those in the right-of-way, on private business property, or at religious
institutions and school events. They would not apply to events which normally occur on these
properties such as outdoor religious services or pep rallies, but would apply to an outdoor
concert with amplified music or a marathon/5k.
The draft ordinance only applies to private events, and would not alter the process for
community sponsored events. Apple Valley has several community events, often done in
conjunction with sponsoring organizations such as the Chamber of Commerce, Apple Valley
Freedom Days Committee, and the Apple Valley Arts Foundation, that may or may not be
conducted fully within a park. Freedom Days, Oktoberfest, the Home and Garden Expo,
Music in Kelley Park, and the Farmer's Market are examples of events the Council would
continue to review separately.
Several current ordinance sections will require minor amendments to be consistent with the
draft ordinance. A summary of the amendments has been created to provide an outline of the
changes to these sections. The Planning Commission will not provide direction on several of
these ordinances as they are not within Chapter 155, Zoning, however, draft sections of these
amendments are included as supplemental material to understand the full scope of the
ordinance amendments.
The primary goal of this ordinance is to create a new classification of events because the
current code does not address the scope of the emerging larger spectrum of events.
Past experience by staff recognizes that simple neighborhood events such as sidewalk sales,
promotional sales, grilled hot dog/burger fundraisers have evolved. These events are still
popular, but are expanding into events with a larger scope that the code currently does not
recognize The following are examples of these events.
• Employee team building with food trucks offering lunch that include customer and some
public participation.
• Shared parking promotional events with information, merchandise, and music.
• Amplified music programs that occur outdoors by religious institutions and businesses
in parking lots and grassy areas.
• 5K run/walk events which begin/end at a school, but are private events separate from
school functions and utilize public roadways, parks, and trails.
The attached draft ordinances allow the following:
• A shift to an Avolve/PIMS based permitting process with low fees for small events and
conditions for larger events which allow for reimbursement of City costs.
o City costs include hiring of officers to ensure event safety,
• Tracking of all events which will generate reports of experiences and a historical record.
• Regulation of food carts (a rarity) and food trucks (a new trend).
• Continued City Council review of "community events".
• Staff review for smaller events (Community Development leading coordination with
Public Works, Parks and Recreation, Police, and Fire reviewing as needed).
• The draft ordinance has a threshold of events with 1,000+ persons projected at any one
time that triggers City Council review.
o After three years of staff experience staff is suggesting that this number increase
to 2,000 people as the City has reviewed multiple events with more than 1,000
attendees.
• A fee structure including;
o A low fee for electronic submission and review of business promotions and small
events.
o A fee structure for plan review and where City staff resources are reimbursed.
BACKGROUND:
To coincide with the draft changes to the promotions and events sections of the code, several
other chapters needed to be updated. These include temporary signs, right of way regulations,
transient merchant, and vending cart regulations. Each of these draft sections are attached to
this report.
One of the primary requests from the business community has been to allow for temporary
signage to not be tied to an event, and to increase the total number of days a temporary sign
is permitted. Previously, temporary signs had a duration of no more than 10 days for any
event and 30 days in total per year. The draft ordinance increases the time a temporary sign
is permitted in the City to 45 days per year and removes the requirement that the sign be tied
to an event. This allows businesses the flexibility to advertise for events lasting longer than
10 days, and coincides with the increase in the number of outdoor sales permitted.
Storage of commercial vehicles and their location on the business location is addressed in
this ordinance. The draft allows the storage of up to 3 passenger vehicles, and one non -
passenger vehicle on a commercial site. This allows for businesses like Geek Squad, Fan
Man, catering vehicles used by restaurants, and other businesses to store their vehicles on
their site, where current code does not permit this. The location of the storage shall be
determined in review with staff to prevent the vehicles from being parked in unsafe locations
or with the intent to have the vehicles become a "temporary" sign.
The planned ordinance changes are not in conflict with the Parks and Recreation policy and
procedures application. The following points illustrate shared goals and how these policies
review different outcomes:
• The Parks and Recreation application applies to events which occur primarily within a
park. The proposed ordinances apply to land outside of parks, both public and private.
• These code amendments work in tandem with park applications that may involve the
use of the right-of-way.
• Neither process applies to how liquor sales are managed as liquor sales are managed
through the City Clerk.
• The Parks application is being used as a model for the larger special events application
and has already been used for a potential upcoming event.
• Ordinance amendments are required to review and apply conditions to events occurring
on property outside of a park.
• Both processes will use the same staff review committee, but are managed by different
departments based on whether they occur in a park or on other property within the City.
BUDGET IMPACT:
At this time, staff is not bringing fee schedule changes forward. Once the Planning
Commission has provided direction on the planning related ordinances staff will work with
the Police Department and City Clerk to make appropriate fee schedule changes to address
private event costs to the City.
ATTACHMENTS:
Executive Summary
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Summary of Outdoor Commercial Promotions & Special Events
Outdoor Commercial Promotion
(Existing regulation §155. 358)
1
• A sale or business-related event
■ on commercial property
■ conducted by tenant/occupant of
commercial property
■ on the property that the tenant/
occupant's commercial use is located.
Examples: sidewalk sale; outdoor product
display; outdoor customer appreciation event
-OR-
• Fundraising sale or activity
■ conducted by a non-profit organization or
group
■ for purposes of fundraising for the
organization/group
■ that is sponsored by tenant/occupant of
the commercial property.
Examples: high school band car wash, boy
scouts' brat sale; girl scouts' cookie sales stand;
• If commercial promotion, the following
required:
■ Permit-- administratively issued by
Community Dev.
■ A business may have 4 outdoor sale/event
per year (4 permits per year) and each
promotion event/permit for duration up
tow days
■ Up to 12 permits per property are allowed
for fundraising events by an organization
(no more than 3 days duration) -separate
from any permit issued to business for its
outdoor business sale /promotion.
**Outdoor Food Sales (food truck, food
tent/stand, food cart): Allowed only in
connection with an event under a commercial
promotion permit or special event (temporary
outdoor event) permit.
Special Event (Temporary Outdoor Event)
(New proposed regulation)
1
• An outdoor cultural or entertainment
event
■ On public or private property in any
zone or within city ROW
■ Event open to the general public
■ Activities include any one or
combination of :
o Exhibition of arts, crafts or live
performance
o Amplified music (live or recorded)
o Amusement rides
o Amusement games/activities
o More than three (3) 3rd party food
or product vendors
Examples: farmers' market, art/craft fair or
show, street dance, music concert, fest or
festival, soap box derby or car rally
* Proposed Code section will also apply to
athletic events (marathon, walk rally, bicycle rally
or race) & parades.
**Any outdoor temporary event of this sort that
is to occur in a city park will be regulated by park
regulations and policy.
Special Events (Temporary Outdoor Event)
Summary of proposed regulations for an outdoor special event:
■ Permit- administratively issued by Community Development Director; application
subject to review/recommended approval by event committee (city department
staff members: police, fire, public works, zoning and building inspections)
■ Permit- Council approval is required when the event proposes the following:
o Anticipated attendance >30o persons
o Music or other amplified sound equipment operated after 10:00 p.m.
o Closure of city streets
o Fireworks/pyrotechnics display/exhibition
■ Permit application filed (with permit fee) 6o days before event
■ Site Plan of event grounds submitted and reviewed/approved by committee
■ All vendors must be identified and registered under the event permit
■ If event is on city property (non -park property) or within city ROW, event permit
holder must sign liability indemnification agreement
■ Event permit holder must obtain and provide proof of general liability insurance
coverage and liquor liability insurance coverage (if being sold/dispensed), naming
the City as additional insured
■ Event permit holder must pay/reimburse city for all costs incurred for city
personnel, services and resources in connection with preparation of or operation of
event (police presence due to traffic issues, public works costs due to post -event
clean up, fire/police personnel for on-site medical response team)
■ All event permits will have the following conditions: on-site first responder team;
amplified music restrictions; vendors registered; alcohol sales licensed and area
delineated; sign posting restrictions; all tents/canopies and stages comply with
Building Code; all food trucks, food stands and other heat/fire apparatus subject to
inspection and compliance with Fire Code
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155 OF THE CITY CODE REGULATING OUTDOOR
PROMOTIONS & SPECIAL EVENTS AND VENDING CARTS & MOBILE
FOOD UNITS
The City Council of Apple Valley ordains:
Section 1. Chapter 155 of the Apple Valley City Code 'amended by adding the following
definitions in Sections 155.03 to read as follows:
VENDING CART. A portable or non -permanent structure, enclosure, or stand or a non -
motorized vehicle self-propelled by the operator that used, maintained, or operated from which
food or beverage is prepared, served, or otherwise provided for human consumption and for sale
to the general public.
MOBILE FOOD UNIT. A vehicle mount
maintained, or operated from whichd or bevera
for human consum .tion and for saleeneral
t, eit A , otorized or trailered, that is used,
ed, served, or otherwise provided
Section 2. Chapter 155 of the
155.358 to read as follows:_.___
1 City
is amended by revising Section
§ 155.358 SPECIAL OUTD COM ° I��.®'' �'�L1#_TIONS.
An outdoor co rcial pr otion is les or other business-related event conducted
outdoors by a le ehold or owner occupant of commercial, industrial, or institutional property on
which the princi mmercial operation is located. An outdoor commercial promotion by a
leaseho r owner occupant of commercial property may include, but is not limited to: outdoor
product display, outdoor sidewalk sale, tent sale, outdoor customer appreciation event. An outdoor
commercial promotion is also a not -for fit organization fundraising event, such as a car wash
conducted by a high school team, a brat sale by a boy or girl scout troop.
Special An ®oor com
property zoning distrifr®®®ch
centers, sidewalk
shall only be by permit
cial promotions in on commercial, industrial, or institutional
t not limited to, tires at service stations, carnivals at shopping
utdoor displays and sales at service stations or shopping centers,
administratively approved by the Zoning
Administrator, subject to under the following condition:
(A) The outdoor commercial promotional sales app iven to the
owner of a business or his or her duly appointed representative shall be conducted by and in
connection with an occupant business on the subject property or by a not-for-profit organization
for a fundraising event on the subject property with the consent of the property owner;
(B) The approval permit shall be valid for a period not to exceed ten 00) days for
one outdoor promotion by an occupant business and no more than four (4) permits will be issued
in a calendar year to an occupant business. A permit to a not-for-profit organization for a
1
fundraising event on the subject property shall not be for more than three (3) consecutive days and
no more than twelve (12) permits will be issued for a single parcel or lot of record regardless which
occupant business sponsors or promotes the event. Each business shall not be allowed more than
one special promotion during any calendar year, except a permit for sidewalk sales which shall not
be allowed more than two times during a calendar year;
(C) The outdoor commercial promotional sales shall be conducted entirely upon the
owner'- subject property in a manner that will not interfere with traffic circulation or otherwise
create a nuisance or safety hazard as determined by the Zoning Administrator;
(D) Individual stores within a shopping center qree standing store may be given
approval for sidewalk sales;
(ED) A Ssidewalk sales shall be restric
area immediately adjacent to the
front of the store that is conducting the sale on the • .lk o 1' 1. ing lot. The sales or display
shall permit a minimum four -foot wide open sid area in fr• ��. each store at all times for
pedestrians; and
(FE) Failure to comply with these regulatiips shall fficient reason to
immediately revoke the approval approved permit and grounds or denial o�e permits.
Section 3. Chapter 155 of the
155.361 to read as follows:
City C amended by adding Section
155.361 PARADESdEVE
EVENTS
PORARY OUTDOOR
(A) Purpose. An ii easeer of evsponsored by private individuals, groups of
private individual rganizations involving a large number of participants or attendees of the
general public have b n requested within the city. The sponsors of the events have requested or
the nature of the events have required city services or resources which would not have been
otherwise nec6ssary in the absence of event, including but not limited to, street closures or
restrictions, traff direction and contr ity personnel resources, city resources to provide
services for the o ion of a special event in whole or part, and other city services to protect the
general public heal ety and welfare due to the occurrence of a special event. To protect the
participants, attendees, nd the general public involved in or affected by the special event, as well
as to preserve and protect the city's property, streets, sidewalks and trails, and resources, it is in
the best interest of the city to establish a temporary outdoor event permit process, together with
rules and regulations for the operation of a temporary outdoor event under the permit. Events
subject to this section may include, but are not limited to: parades; athletic events such as a
marathon, walk or run event, bicycle rallies or races; farmers' markets; art or craft fairs; festivals;
or street dances, parties or fairs, provided the event meets the permit requirement criteria set forth
in (C) herein.
2
(B) Definitions.
APPLICANT shall mean any person, organization or entity applying for a temporary
outdoor event permit from the city to conduct a temporary outdoor event governed by this section.
ATHLETIC EVENT shall mean an event in which a group of persons collectively engage
as participants to an organized event in which the group walks, runs, skates, skis or cycles as part
of a race, cause or other reason within a public right-of-way, including sidewalks and trails or use
of city property in whole or part for the event within the city. For purposes of this section, an
athletic event may be a timed or an untimed event or it may or may not involve an award of prizes
for the top finishers. For purposes of this section, an athletic , nt does not include a group of
individuals walking, running, or cycling solely for person ®rcise or organized team practice
that is not in connection with an organized or sponst open to the general public for
participation.
BLOCK PARTY shall mean a festive • flip' g of persons a public or private street
requiring the closure of or restriction on the stI ! or a portion thereof, ki-hicular traffic and the
�I��®� ��^io
attendance is open to the general public, inclu���®������but not .��s ited to s ���,���dances, barbecues,
picnics, music, games and gathering. A block pa a tial neig that is hosted
and attended by the occupants of the pr1�ies locatethe public right -o'1 ay in which the
block party occurs shall not be deemed a "block party" fo h a temporary outdoor event permit
is required under this Section, provided a block ;z y permbeen issued by the police chief
and director of public works •ursuant to the rule . , egula established for neighborhood
block parties.
EVENT shall
thletic e or other temporary outdoor event.
OTHER TEMPOR OOR EVE shall mean an event open to the general
public which occurs on public or ® E vate property or a public right-of-way, including any sidewalk
or trail. For purposes of this section, her temporary outdoor event includes, but is not limited, to
a farmer's market; art and craft fair or w; block party; soap box derby; motorized vehicle rally;
street dance or fair; music concert; festiLiI��, fest or similar event in which food, beverages, goods,
or wares are sold or provided to attendee.For purposes of this section, an event which its sole
purpose is to advertise or sell a product, good, ware, or merchandise of an individual business
establishment or vendo nd is designed to be held solely for private profit will not be deemed a
temporary outdoor event for which a permit may be issued and will not be eligible for a temporary
outdoor event permit.
OUTDOOR EVENT PERMIT COMMITTEE shall mean a committee comprising of a city
employee duly appointed by the director of each of the following city departments: parks and
recreation, police, fire, public works, community development, administration, and city clerk.
PARADE shall mean any movement of vehicles, persons, or animals, or any combination
thereof, which either moves together or as a body as an intended procession or group. The term
"parade" shall not include any organized marathon, walk or run event or bicycle event which is
otherwise defined as an "athletic event" herein.
3
PERMITTEE shall mean any person or organization or group issued a temporary outdoor
event permit by the city.
PROCESSION shall mean the act of moving along or proceeding in orderly succession or
in a formal, organized or ceremonious manner.
PUBLIC RIGHTS-OF-WAY shall mean the entire area dedicated on a plat or contained in
an easement or other conveyance or grant to the city for purposes of public vehicular and pedestrian
traffic and shall include, but not be limited to: streets and roadways; boulevards; sidewalks; trails;
alleys; and other public property between lateral property line l�which a roadway lies.
(C) Permit required.
(1) A temporary outdoor event permit is r
(a) Athletic event that is propo��
way and are timed or for which prizes are awar
of participants, which include, but arnot limited
and cycle rallies or races, that occur
ed in conn"._ with any of the following:
o occur within city p
o the top finishers,
o: ma ons; walk, run
le or part within city streets.
y or public rights -of -
less of the number
e, or ski events;
r
(b) Athletic event that is ropo sed to occur within city property or public rights-of-
way and are not timed or for which prizes are not awarded to the top finishers, but anticipate 2,000
or more participants in a �. event or 1,000 or more c clists_Al a cycle event that occur in
whole or part within it _ streets.
(c) Eventeet or int ction closures or restrictions are required as
determined ����t ����._ or aS ���i� �����'�"��>� by t vent sponsor, unless otherwise excluded by
definitio
(e) Events to occur within e city that are open to the general public in which one
or a combination of bae following activities are to occur: more than three (3) registered vendors,
exhibition of arts, craft live performance, amplified music (live or recorded), amusement rides,
or amusement games/a ' s which thereby may require the use of city services, including but
not limited to: city personnel, city utilities, public safety personnel, use of city traffic controls and
devices, sanitary facilities, solid waste disposal facilities, clean up and restoration of city property,
that would not otherwise be necessary in the absence of such temporary outdoor event.
(2) A temporary outdoor event permit is not required for the following:
(a) Funeral procession;
(b) A governmental agency activity within the scope of its duties;
4
(c) Any event held wholly within the boundaries of an Apple Valley park, inside a
park building or involving the use of a specific park amenity exclusively (e.g. a ball field/complex,
civic center, ice arena, park pavilion) for which a park facility permit is issued; or
(d) Any untimed bike event that commences outside of, but travels through the City
of Apple Valley, and has fewer than 50 participants within the city at any one time and does not
require city services or resources, provided:
(i) The organizer shall submit to the Zoning Administrator written
certification that fewer than 50 participants will be within the cit at any one time; and
(ii)All participants shall obey a ic laws.
(D) Permit issuance.
f1) The Zoning Administrator is
in accordance with this section that does not
Administrator shall approve, conditionally appro
event permit in accordance with the !rovisions of
by the temporary outdoor event pe
shall establish and amend, as necess
this section and all events under a tem
city council.
sized to issue to
se require city co
deny an application
ec •on. All applicati
ary outdoor event permit
approval. The Zoning
temporary outdoor
all be reviewed
mittee. The
and regu
t
r event
orary outdoor event i ermit committee
oris governing the implementation of
it, subject to the adoption by the
(2) A temporary outdoor event permit m IIIi9 , issued only upon city council
approval when the ou'c, event involves the one or more of the following:
event:
s are reasonably expected or anticipated to attend the
b) Oter than a . ers market or flea market, the event plans to have more
than 3 vendor&r 3 activities, or a combination of both;
(c) The event plans to provide live or recorded amplified music or sound;
(d The event plans to terminate activities later than 10:00 p.m.;
(e) The event proposes to close a public street classified as a minor collector
or higher classification; or
(f) The event intends to have a fireworks display/exhibition.
(3) A temporary outdoor event permit shall be denied if the temporary outdoor
event committee determines that one or more of the following exists based upon the application
and other pertinent information received:
5
(a) The application, along with the application fee, was filed with the city
clerk after the filing deadline date as set forth in this section and there is insufficient time to process
and review the application or provide the necessary city services required for the proposed event.
(b) Information contained in the application, or supplemental information
requested from the applicant, is found to be false in any material detail.
(c) The applicant/sponsoring organization of the event has, within the
preceding 24 months, violated a previously issued temporary outdoor event permit or its
conditions, including the rules and regulations applicable to temporary outdoor event permits,
violated any term or condition of any previous park facility t or reservation to use the city's
property, or violated any city or state law in connection 4� e use of city property or public
rights-of-way.
(d) The applicant failed to complete or s:7 � e application form by the
required deadline after having been notified of the additional infor ® ' or documents required,
including the provision of traffic and emergency plans.
(e) The traffic lan or emergen , p .'n su . mitted by t
meet the approval of the chief of po director of puic works.
licant does not
(f) The sole pu e o event is advertise or sell or attempt to sell
goods, wares, or merchandise of an individual business establishment or vendor and is designed
to be held solely for prof . This provision does not apply tcc the sale of products, goods,
wares, or merchandi part armers' market, art or craft fair, or the like or as a vendor
registered for an even fitted hereunder and does not apply if the advertising is secondary to
or as a sponsoring orgam ati.n of the event.
and ord
ata time
(g) The time, route;" !!P o e event will substantially interrupt the safe
ovement of traffic co uous to vent site or route or disrupt the use of a street
it is usually subject to t traffic congestion.
When the grounds or denial of an application for permit based upon
subsections (a) thh (g) above can be corrected by altering the date, time, duration, route, or
location of the event, the Zoning Administrator may, instead of denying the application,
conditionally approve the application upon the applicant's acceptance of conditions for permit
issuance based upon the revised date, time, duration, route, or location of the event in order to meet
the subsections above.
(E) Permit application procedure and fees.
(1) Filing of application. An application for a temporary outdoor use permit shall
be on a form provided by the city and contain all information requested therein and shall contain
such other information as the city may require. The application shall be filed along with a non-
refundable permit application fee in the amount set by city council resolution. When the temporary
outdoor event permit committee finds that supplemental information is reasonably necessary in
6
order to act on the application, the applicant shall file with the Zoning Administrator all
supplemental information requested within five business days of the request.
An application for a temporary outdoor use permit shall be filed with the Zoning
Administrator no less than 60 days prior to the proposed event date. In calculating the 60 days, the
date on which the application is filed and the day of the event shall not be counted. If an application
is filed after the filing deadline or the filed application is not signed or fully completed, the permit
application shall be denied, unless (1) the Zoning Administrator, upon a showing of good cause
by the applicant, has first determined that there is sufficient time to review and process the
application and provide the necessary city services required for the proposed event; and (2) the
City Council, provided sufficient time exists for placement o egular council meeting agenda,
approves the issuance of the permit.
(2) Application Information Required. In addi o the information requested on
the city's application form, the applicant shall submit as part of the plication the following:
(a) A detailed site plan, to ale, depicting the following:
(i) The entire area of the property on which the event will occur
Ln of all vendors or other event booth or tents, identifying
each type of vendor booth, cart or mod unit
(iii) If the
paces beim occu.ied b ent.
(i •!®•posed
area and immediately adja ent to tvent are
rring in king lot, the number of parking
nd
ian traffic flow within the event
that are proposedtobe close
the public rights -of way.
f all restroom facilities for the event.
cation a
of all refuse containers to be placed
i) cation of any access points into the property from streets
If music or other am .lifted sound is proposed to occur for the
event, the location ohe amplified equipment (speakers).
®�����•f all vendors proposed to be participating int e event, including
any food, beverage, goods a wares, and description of type of service (e.g. vendor table/booth,
tent, vending cart, mobile food unit). Identification of each vendor shall include the vendor's
business name, contact name, type of product or service to be vended and type of vending structure
or stand.
(c) If music or other amplified sound is proposed to occur for the event,
identify the amplified sound proposed, the hours to occur and the location of all equipment.
7
(3) Requirements upon approval, but before issuance of permit. Upon the approval
of the application, but prior to the issuance of the permit, the applicant shall submit to the city the
following:
(a) If the event is to occur on city property or within city right-of-way, the
permit applicant and authorized officer of the sponsoring organization, if any, shall sign an
indemnification agreement with the city as prepared by the city under which the
applicant/permittee/sponsoring organization agrees to (1) defend the city against and indemnify
and hold the city harmless from any liability, action, cause, suit, or claim by any person resulting
from any damage or injury occurring in connection with the permitted event; (2) reimburse the
city for any costs incurred by it in repairing damage to city property or public rights-of-way
occurring in connection with the temporary outdoor event; and (3) to reimburse the city for all
expenses and costs incurred by the city for its services related to the event that are not otherwise
covered or in excess of the city services/resource fee deposit paid the applicant.
(b) The applicant/spon
maintain commercial general liability insuran
organization oevent shall obtain and
an occurrence basis tect against loss from
liability imposed by laws for damages on accounodily injury or prope mage arising from
the event. Such insurance shall name the City of Valley on the policy endorsement,
as additional insureds. The insurance coverage shall be maintained for the du on of the event
with a minimum $1,000,000.00 combined si e le limit and a minimum $2,000,000.00 aggregate
limit.
If food or non-
permittee or a registe
liability in an amount
•�®��
everages are sold • ��������wide the event, whether by the
surance policy shall . �1!bh. lude an endorsement for product
000,000.00.
If al
include
�!���®
regulatit�s��• overning t
A co
Valley as an a
(30) days before t
filed with the city
rovide t the event, the insurance coverage shall
liabi ity in an amount as otherwise required in the city's
nsing of alcoholic beverages.
the policycertificate of insurance, clearly identifying the City of Apple
nal insured, �� all be filed with the Zoning Adminstrator not less than thirty
to of the event. If a copy of the policy or the certificate of insurance is not
red herein, the permit shall not be issued and the event shall not occur.
(c)
approval of of the application for a temporary outdoor event permit,
the Zoning Administrator shall provide the applicant with a statement of the estimated cost of the
expenses incurred by the city in connection with providing city personnel, services and resources
necessary for the event. The applicant/permittee shall be required to pay, as deposit of the city
services/resources fee, the amount equal to 125 percent of the estimated costs as determined in the
statement no later than thirty (30) days prior to the date of the event. If the applicant/permittee fails
to remit the payment of the city services/resources fee deposit as required herein, the permit shall
not be issued and the event shall not occur. The city services/resources fees shall be in the amounts
as set by city council resolution.
8
(d) Upon approval of the application, and not less than fourteen (14) days
prior to the event, the applicant/permittee shall notify in writing all properties abutting any public
rights-of-way in which the event will occur and said notice shall advise of the event, including the
date, duration of time and any street restrictions imposed as a result of the event. The applicant
permittee shall also post signs, as approved by the city, at all affected street intersections.
(F) Conditions of permit. All temporary outdoor events permits shall be subject to the
following conditions:
(1) The permittee shall comply and conduct the event in compliance with all
conditions imposed with the issuance of a temporary outdo nt permit. The permittee, or an
authorized designee, shall establish in advance of the ev maintain at all times during the
event means to have immediate contact with and access by y staff.
(2) The permittee/sponsoring organization of the ���. shall be responsible for the
conduct of all employees, agents, or volunteers working in the e and shall take all steps
necessary to ensure the employees, agents, or volunteers working in :vent comply with the
® ®��
permit conditions set forth in this section and all conditions s ��s orth in the®���� it.
(3) The event shall
specifically assigned to the event if dee
nature of the event.
an emerg
cessary b
edical first respo` 'e team on site
olice chief or fire chief due to the
(4) The pe shall compl
regulations relevant the event, i uding anpro � iJ. laws and regulations.
cou
state and federal laws and
(5) No electronic sound system or
®��®����
produce or reproduce audio sounds �e��a�®����® sed unl
all use shall be in accorW . ce with permit ter
io equipment or any other device designed to
specifically approved under the permit and
(6) No sale,urni of food or non-alcoholic beverages shall occur at the
temporary ou oor event, ung the v r is a registered vendor under the event permit, the
vendor possesses all required lidses fro the State of Minnesota and the vendor complies with
the vending cart anobile fooI it regulations elsewhere in this Chapter.
(7) No sshing of alcoholic beverages shall occur at the event unless a
license is first obtained frocity. Provided the appropriate license has been issued for the sale
or furnishing of alcoholic beverages at the event, the sale shall be subject to all city and state laws
relative to the sale or furnishing of alcoholic beverages and shall be conducted in accordance with
the licensed conditions.
(8) No sale of any goods, products or merchandise shall be sold at the event unless
the vendor is a registered vendor under the event permit.
permit.
(9) No signs or banners shall be posted unless specifically approved under the
9
(10) No public rights-of-way, including sidewalks, trails and paths, shall be written
upon or otherwise marked with any permanent substance. A fee, the amount of which shall be duly
adopted by council resolution, will be charged to the event organizer if this provision is violated.
(11) All tents and temporary membrane structures in excess of 200 square feet and
canopies in excess of 400 square feet shall be subject to a building permit.
(G) Unlawful acts.
(1) It is unlawful for any person to sell or offe
an event or along the route of any parade or athletic event
event permit. This provision shall not apply to the parad
Freedom Days.
ale any food or merchandise at
°the vendor is registered under the
connection with the Apple Valley
(2) It is unlawful for any person to participate in an as®I!fli lage within the vehicular
travel portion of any public right of way unless it is in connection an event for which a
temporary outdoor event permit or block party permit has been issuehe city and is not
otherwise in violation of any traffic direction or control order of a police of
Section 4. Chapter 155 of the
155.362 to read as follows:
155.362 VENDING
11111111111111111111111111111111111111111
ley City
OBIL
H11=11111111111
1111111111111111111111111111111111111111111 111111111111111111111111111111111111111111
is amended by adding Section
OHIBITED; EXCEPTIONS.
(A) No vending cart or mobile food unit shall be permied to operate for the direct sale of
food or beverage therefro to the general public at any location within the city, except when
operated unlowing circu
commercial promotion as defined in and in
accordance with the regulati !r. they IOL this Chapter;
(2)Aspart of and �° a reg vendor for a communityfestival or permitted
� geg °�"�
temporary outdoor event as defi in and in accordance with the regulations thereof in this
Chapter; or
(3) As partvate event or gathering not open to the general public and no
direct sales of food or beverage to the event guests are occurring, rather food or beverage is
served or provided to guests gratuitously by the event host, such as graduation party, family
reunion, company picnic or party.
(B) The operation of any vending cart and mobile food unit permitted under this Code
shall be subject to the following requirements:
10
(1) No vending cart or mobile food unit from which sales are being offered shall
be parked within a public or private street unless part of a temporary outdoor event for which a
permit has been issued and only if approved in writing by the Director of Public Works.
(2) All electrical and gas fixtures and hook-ups shall be subject to the inspection
of the Fire Chief or designee and shall comply with the Minnesota State Fire Code. No vending
cart or mobile food unit shall operate at an approved event if found not in compliance with the
Minnesota State Fire Code and directed to cease operation by the Fire Chief or designee.
(3) The vending cart or mobile food unit shall have a valid license, if so required
as a food or beverage service operation/establishment from t
of Health and the license shall be conspicuously posted o
the city.
e of Minnesota -Department
rt/unit during operation within
(4) The operator of the vending cart or mobile foo
gray water daily if the event is more than a one day event. No gray
vendor's operation shall be disposed, drained or dumped into a storm
(5) In addition to any si • nage impri
unit, each vending cart or mobile fo ZC�� operation
following requirements:
cart/unit;
The
(a)One (1) sandwi
;t shall properly dispose its
or other waste from the
or upon the ground.
vending cart or mobile food
detached signage, subject to the
n not exceeding eight (8) square feet;
b The sign shall be e gra nd and within ten (10) feet of the
the sidewalk/trail an
placed within the public right-of-way, including
, unless allowed by a permit issued by the City; and
(d)Th�1,, shall not project from the vending cart or mobile food unit or
located on the rf the mob'; +od um
(6) No
operator of a vending c
equipment.
r sound or message(s) shall be emitted from or by the
ile food unit by any electronic sound system or audio
(7) Two (2) refuse containers, each not less than 32 gallons, shall be provided and
kept in clean and usable condition within 10 feet of the cart/unit.
(8) The site immediately surrounding the cart/unit shall be kept in a clean, neat
and orderly manner during the event and shall be cleaned and all refuse removed upon
completion of the operation.
(9) A mobile food unit with a fire suppression system under the cooking hood
shall have the system tested and tagged in accordance with applicable codes. A mobile food unit
11
must have at least one (1) 2A:20BC fire extinguisher in the mobile food unit. If deep frying
occurs in the cart/unit operation, then the operator must have at least one (1) Class K fire
extinguisher in the mobile food unit. Each fire extinguisher must display an inspection tag dated
within the past 12 months.
(10) Tents and temporary membrane structures used with or as the vending cart
having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be
subject to a building permit.
(11) Liability insurance required???
(C) No mobile food unit shall be parked or stored when nfb,t in operation on any
residential property, within or outside of a garage or other storage building. A mobile food unit
may be parked or stored outdoors when not in operation on any property zoned as Business Park
(BP), Industrial (I-1 & I-2), or a Planned Development for such uses pursuant to a conditional
use permit issued by the City.
Section 5. Chapter 155 of the Apple
155.375 to read as follows:
§ 155.375 USE OF OFF-STREET
City Code is amen revising Section
Required off-street parking spa 1e ix c.m ®®®®pial, e -f trial, or institutional districts,
including those within a ped development district, all notilized for open storage of
goods, overnight parking Olirehicles, storage of vehicles for ve es which are inoperable, or
for lease, rent or sale ept where otherwise permitted.
Notwithstanding thkoregoing, e occupant of a property zoned for commercial,
industrial outional uses may stor to three (3) passenger motor vehicles or one (1) non-
�������---""�c- on the property, provided each vehicle is(1)owned or leased bythe
passeng �.�����m��aP�r ve p p y,
®®®i
occupa ����� regularly used in con tion with and as an integral component of the operation of
the princi iII big, e on the property; (3) is not larger than the footprint of a standard passenger
vehicle parkin all, except the one permitted non -passenger motor vehicle shall not be larger
than the aggreg. +otprint of the length of two (2) contiguous parking stalls; and (4) parked and
stored in a designatearking spaces as approved by the city. In no case shall the number of
permitted stored vehicl nder this paragraph exceed three for any given parcel of record. This
exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles,
recreational camping vehicles, motorcycles or other similar vehicles, semi -tractors, or vehicles
for sale.
Section 6. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. " a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the
intent and effect of the ordinance.
12
Section 7. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 8. 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 9. 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 a� 1'2018.
ATTEST:
ry Hamann -Roland, Mayor
Pamela J. Gackstetter,
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155 OF THE CITY CODE REGULATING OUTDOOR
PROMOTIONS & SPECIAL EVENTS AND VENDING CARTS & MOBILE
FOOD UNITS
13
The following is the official summary of Ordinance No. passed by the City Council of Apple
Valley on , 2018:
Chapter 155 of the City Code is amended to add definitions for vending carts and
mobile food units. Chapter 155 is also amended to clarify regulations of outdoor
special events and commercial promotions. Chapter 155 is amended to add new
permit provisions and regulations of outdoor special events open to the public.
Chapter 155 is amended to allow overnight parking of business vehicles in off-
street parking areas. Chapter 155 of the City Code is amended to regulate operation
of vending cart and mobile food units.
A printed copy of the ordinance is available for inspection b
hours in the office of the City Clerk at the Apple Valley
Apple Valley, Minnesota 55124.
person during regular office
al Center, 7100 147th Street W.,
14
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 154 OF THE CITY CODE REGULATING TEMPORARY SPECIAL
EVENT AND PROMOTIONAL SIGNS
The City Council of Apple Valley ordains:
Section 1. Chapter 154 of the Apple Valley City Code is amended by revising the
following definition in Section 154.02 to read as follows:
PROMOTIONAL CIVIC EVENT SIGN A temporary sign which shall not exist for more than
30 days which promotes a special school, city or other civic events, celebration or festival
promotions limited to city celebrations, Christmas tree sales, Fire Department's Booya and
special school events.
Section 2. Chapter 154 of the Apple Valley City Code is amended by revising Section
154.03(E) to read as follows:
(E) Promotional Civic event sign.
(1) Special civic promotions or events. In promotion of a special school, city or
other civic event, celebration or festival, two ground signs not exceeding 32 square feet in area,
for each sign, are permissable permissible no more than 30 45 days before the first day of an
event, celebration or festival and shall be removed immediately upon the completion of the
event, celebration or festival. Signs permitted under this division provision may be located in
any zoning district subject to the permission of the property owner.
(2) Christmas tree salt signs. Any signs in connection with Christmas tree sales
shall be subject to the regulations thcrcof in Chapter 11'1.
Section 3. Chapter 154 of the Apple Valley City Code is amended by revising Section
154.04(I) to read as follows:
(I) Other Temporary special event or promotion signs. The following additional signs
arc permitted under this section, subject to the restrictions thcrcof. Professionally manufactured
banners, streamers, and balloon or other temporary signs are permitted, upon the issuance of a
permit from the city therefor, in commercial, industrial and institutional zoning districts for the
purposes of promoting commercial special promotions, sales or events or promoting temporary
outdoor special events as defined in the zoning regulations. Such temporary signs shall also be
permitted on properties located in the "M-4" to "M-8" zoning districts that are used for multiple
residential apartments or rental unit buildings under single ownership in order to advertise
such properties or units for rent or lease. Any banner, streamer and balloon The temporary sign
permitted hereunder shall be located upon the site of the promotion, sale or event and shall be
removed no later than 15 days after the first day of the special promotion, sale or event will not
be permittcd in any one location more than 30 days per calendar year. A sign allowed by permit
under this provision shall be removed within 24 hours of expiration of the permit. Any
person/entity seeking a temporary sign permit hereunder shall be limited to no more than 45 days
per calendar year for placement of a single sign or multiple signs throughout the year. Such
temporary signs shall not include lit, portable, or handmade signs.
Section 4. Chapter 154 of the Apple Valley City Code is amended by revising Section
154.05(G) to read as follows.
(G) Advertising or billboard signs; prohibited. No advertising or billboard sign which
directs attention to a business, commodity, service or entertainment shall be placed or located
within any street rights-of-way. No advertising or billboard sign shall be on property other than
the premises on which the business, commodity, service or entertainment is located.
Section 5. Chapter 154 of the Apple Valley City Code is amended by revising Appendix
B to read as follows:
APPENDIX B: TEMPORARY SIGN SIZES
The following are size regulations for all temporary signs.
Sign Description
Pylon
Sign
Ground
Sign
Building
Sign
Maximum Area(s q. ft)
Construction
1
32 in any district
Real estate
1
1
6 in residential district;
16 other districts
Development
1
80 in any district
Noncommercial
1
32 in any district
Promotional Civic Event
1
32 in any district
All other temporary
32 in permitted districts
signs
Section 6. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. " a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the
intent and effect of the ordinance.
Section 7. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 8. 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 9. 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 , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 154 OF THE CITY CODE REGULATING TEMPORARY SPECIAL
EVENT AND PROMOTIONAL SIGNS
The following is the official summary of Ordinance No. passed by the City Council of Apple
Valley on , 2018:
Chapter 154 of the City Code is amended to clarify regulations allowing temporary
signs for school, city/civic events, celebrations and festivals. The amendment also
revises permitted duration of temporary signs for outdoor commercial promotions
and outdoor special events for consistency with the new/amended regulations of
those outdoor events in Chapter 155 of the Code.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 118 OF THE CITY CODE REGULATING VENDING
CARTS
Section 1. Chapter 118 of the Apple Valley City Code is amended by revising Section
118.01 to read as follows:
No person shall operate a mobile vending cart without first obtaining a license from the
city as provided in this chapter. Each vending cart must be separately licensed and a person may
operate only at the location specified in the license. No license shall be required for a vending
cart or mobile food unit when operated under the following circumstances:
(A) As part of a permitted promotional sale as defined in and in accordance
with the zoning regulations in this Code;
(B) As part of a community festival or permitted temporary outdoor special
event as defined in and in accordance with the zoning regulations in this Code;
(C) As part of a private event or gathering not open to the general public and
no sales of food or beverage to the guests are occurring.
No mobile food unit shall be permitted to operate for the sale of food or beverage
therefrom to the general public at any location within the city, except as otherwise permitted in
conjunction with an outdoor commercial promotion or outdoor special event in accordance with
the zoning or other regulations in this Code.
Section 2. Chapter 118 of the Apple Valley City Code is amended by revising the
following definition in Section 118.02 to read as follows:
VENDING CART. The phrase "vending cart" shall mean any structure used for the
.. .. - - - - :. ... ..... . a portable or non -permanent
structure, enclosure, or stand or a non -motorized vehicle self-propelled by the operator that is
used, maintained, or operated from which food or beverage is prepared, served, or otherwise
provided for human consumption and for sale to the general public.
Section 3. Chapter 118 of the Apple Valley City Code is amended by adding the
following definition in Sections 118.02 to read as follows:
MOBILE FOOD UNIT. A vehicle mounted unit, either motorized or trailered, that is
used, maintained, or operated from which food or beverage is prepared, served, or otherwise
provided for human consumption and for sale to the general public.
Section 4. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
2
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 114 OF THE CITY CODE REGULATING PEDDLERS,
SOLICITORS, AND TRANSIENT MERCHANTS
Section 1. Chapter 114 of the Apple Valley City Code is amended by revising the
following definition in Section 114.01 to read as follows:
TRANSIENT MERCHANT. A person who temporarily sets up business out of a
vehicle, trailer, boxcar, tent, or other portable shelter, or empty store front for the purpose of
exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares,
products, merchandise or other personal property and who does not remain or intend to remain in
any one location for more than 14 consecutive days.
Section 2. Chapter 114 of the Apple Valley City Code is amended by revising
Sections 114.02 (B) to read as follows:
(B) The following shall be exempt from the definitions of PEDDLERS,
SOLICITORS, and TRANSIENT MERCHANTS: In addition, pPersons conducting the type of
sales commonly known as garage sales, rummage sales or estate sales;., as well as those persons
participating in an organized multi -person bazaar or flea market,; persons participating as a
vendor in a promotional sale or temporary outdoor event as defined in and in accordance with the
zoning regulations of this Code or as may be permitted under this Code; shall be exempt from
the definitions of PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS, as shall be
anyonc person conducting an auction as a properly licensed auctioneer, or any officer of the
court conducting a court-ordered sale. Exemption from the definitions for the scope of this
chapter shall not excuse any person from complying with any other applicable statutory
provision or local ordinance.
Section 3. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 96 OF THE CITY CODE REGULATING
OBSTRUCTIONS AND EXCAVATIONS WITHIN PUBLIC PROPERTY OR
PUBLIC RIGHTS-OF-WAY
Section 1. Chapter 96 of the Apple Valley City Code is amended by revising Section
96.06 (B) to read as follows:
(B) Public nuisance declared. Any obstructions or excavations within a public
right-of-way or public grounds, except under a permit issued by the city, constitute a public
nuisance. It shall be unlawful for any person to place or make any obstruction or to excavate
within any public right-of-way or public grounds unless the city grants, in its sole discretion, a
written permit therefor. This section shall not apply to a lawfully registered motor vehicle
pursuant to M.S. Chapter 168 that is lawfully parked in the roadway portion of the public right-
of-way or upon a portion of a driveway within the public right-of-way, provided the motor
vehicle is not blocking any portion of a sidewalk or trail. Mobile food units, as defined
elsewhere in this Code, from which sales or attempted sales are being conducted therefrom shall
not be deemed to be a "lawfully registered motor vehicle" for purposes of the exemption from
this Section. This section shall not apply to excavations in the boulevard area of a public right-
of-way in connection with installation of mailboxes or irrigation systems and planting of trees.
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 94 OF THE CITY CODE REGULATING PUBLIC
NUISANCES
Section 1. Chapter 94 of the Apple Valley City Code is amended by revising Section
94.17(H) to read as follows:
(H) Any use of property abutting on a public street or sidewalk or any use of a
public street or sidewalk which causes large crowds of people to gather, obstructing traffic and
the free use of the street or sidewalk, unless otherwise in accordance with an event authorized by
permit issued by the city or other regulation of this Code;
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 71 OF THE CITY CODE REGULATING OFF-STREET
PARKING SPACE IN COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL
DISTRICTS
Section 1. Chapter 71 of the Apple Valley City Code is amended by revising Section
71.19(C) to read as follows:
(C) Required off-street parking space in commercial, ef-industrial, or institutional
districts, including those within a planned development district, shall not be utilized for open
storage of goods, overnight parking of vehicles, storage of vehicles or for vehicles which are
inoperable, or for lease, rent or sale, except where otherwise permitted.
Notwithstanding the foregoing, the occupant of a property zoned for commercial, industrial or
institutional uses may store up to three (3) passenger motor vehicles or one (1) non -passenger
motor vehicle on the property, provided each vehicle is (1) owned or leased by the occupant; (2)
regularly used in connection with and as an integral component of the operation of the principal
use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking
stall, except the one permitted non -passenger motor vehicle shall not be larger than the aggregate
footprint of the length of two (2) contiguous parking stalls; and (4) parked and stored in a
designated parking spaces as approved by the city. In no case shall the number of permitted
stored vehicles under this paragraph exceed three for any given parcel of record. This exemption
does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational
camping vehicles, motorcycles or other similar vehicles, semi -tractors, or vehicles for sale.
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
...
....
.....
Apple
ppl ell
Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
6.A.
February 5, 2020
Other Business
Description:
Review of Upcoming Schedule and Other Updates
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
N/A
SUMMARY:
Next Planning Commission Meetings:
Wednesday, February 19, 2020 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, January 22, 2020
• Site plan, variance applications due by 9:00 a.m. on Thursday, February 5, 2020
Wednesday, March 4, 2020 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, February 5, 2020
• Site plan, variance applications due by 9:00 a.m. on Wednesday, February 19, 2020
Next City Council Meetings:
Thursday, February 13, 2020 - 7:00 p.m.
Thursday, February 27, 2020 - 7:00 p.m.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A