HomeMy WebLinkAbout04/21/2021 Agenda Packet
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
Planning Commission meetings have resumed at the Municipal C enter and are
open to the public with physical distancing restrictions. Attendee procedures and
access inf ormation are posted on the C ity's website and include virtual
participation opportunities.
April 21, 2021
PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A
7:00 P M
1.Call to Order
A.Planning Commissioners will be attending either in-person or virtually. A
roll-call will be taken.
2.Approve Agenda
3.Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A.Approve Minutes of April 7, 2021, Regular Meeting.
4.Public Hearings
A.Eagle Brook Church - PC21-09-PZ
C onsider C omprehensive Plan Land Use Map amendment re-designating
13.86 acres from "C " (C ommercial) to "IN ST " (Institutional) and zoning
amendment to add church to the list of permitted uses in Planned
Development No.646/Zone 1
LO C AT IO N: 14960 Florence Trail
PET IT IO N ER: Eagle Brook Church and Menard, Inc.
5.Land Use / Action Items
A.Nominate and Approve Officers
B.Orchard Path Phase 2- PC 21-10-B
1. C onsider Site Plan/Building Permit Authorization to Allow for
C onstruction of a 60-Unit Addition to the Orchard Path Continuum-
of-Care Facility
Location: 5400 157th Street West
Petitioner: Senior Housing Partners and PHS of Apple Valley, Inc.
C.C onsider Ordinance Amendments Related to Special Events, Temporary
Signage, and Mobile Food Units
6.Other Business
A.Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, May 5 2021 - 7:00 p.m.
Planning Commission - Wednesday, May 19, 2021 - 7:00 p.m.
C ity Council - T hursday, April 22, 2021 - 7:00 p.m.
C ity Council - T hursday, May 13, 2021 - 7:00 p.m.
7.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able C hannel
180 and on the C ity's website at www.cityof applevalley.org
I T E M:
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A pril 21, 2021
S E C T I O N:Special Notification
Description:
Planning Commission meetings have resumed at the Municipal Center and are open to the
public with physical distancing restrictions. Attendee procedures and access information are
posted on the City's website and include virtual participation opportunities.
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Please let us know you have joined us by either signing at the door or requesting to be an
attendee on-line.
S UM M ARY:
Note: Planning C ommission meetings have resumed at the Municipal C enter and are open to
the public with physical distancing restrictions.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
I T E M: 1.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A pril 21, 2021
S E C T I O N:Call to Order
Description:
P lanning Commissioners will be attending either in-person or virtually. A roll-call will be taken.
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
During the C O VID-19 Pandemic, the Council C hambers in the Apple Valley Municipal
Building has been set-up to allow for the Planning C ommissioners to attend meetings either
in-person (observing social distancing in accordance with Emergency Executive Order 20-81)
or virtually (via GoToMeeting). A roll-call will be taken.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
I T E M: 3.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A pril 21, 2021
S E C T I O N:Consent A genda
Description:
A pprove Minutes of A pril 7, 2021, Regular Meeting.
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve minutes of regular meeting of April 7, 2021.
S UM M ARY:
T he minutes of the last regular Planning Commission meeting is attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
April 7, 2021
1. CALL TO ORDER
The City of Apple Valley Planning Commission Annual Meeting was called to order by
Chair Melander at 7:00 p.m.
Members Present: Chair Tom Melander, Tim Burke, Keith Deikmann, David
Schindler, Jodi Kurtz, Paul Scanlan, and Philip Mahowald.
Member(s) Absent: None
City staff members attending: Community Development Director Bruce Nordquist, City
Planner Kathy Bodmer, City Planner Tom Lovelace, City Planner
Alex Sharpe, and Department Assistant Breanna Vincent.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
Community Development Director Bruce Nordquist advised that the applicant had requested
their item 5.B Schmidt Porch Variance be withdrawn.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler,
approving the agenda. Roll call vote: Ayes - 7 – Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Scanlan moved, seconded by Commissioner
Schindler, approving the minutes of the meeting of March 17, 2021. Roll call
vote: Ayes – 7 – Nays – 0.
4. PUBLIC HEARING
A. Consider Ordinance Amendments Related to Special Events, Temporary
Signage, and Mobile Food Units
Planner Alex Sharpe presented the staff report.
Chair Melander asked if there are any questions from the
Commissioners – None.
Chair Melander asked if there are any questions from the public – None.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 7, 2021
Page 2 of 3
With no comments, Chair Melander closed the public hearing.
5. LAND USE
A. Panera Bread Restaurant
Planner Tom Lovelace presented the staff report.
Commissioner Scanlan asked if there would be signage indicating that traffic
would need to stop for pedestrians in the crosswalk towards the location of the
handicap spaces.
Planner Lovelace advised that they would have to review whether or not to
include the signage as a requirement for the applicant. He also mentioned that
applicant needing to add one additional handicap parking space for a total of three
spaces.
The applicant, Alan Catchpool, was present and advised that they would take any
recommendations by the City into consideration regarding signage.
Planner Lovelace also mentioned that decorative fencing around the outdoor
dining area is being recommended as well as a 6’ area that would be clear for
pedestrians to walk in particularly from Cedar Avenue which would be conditions
set forth as part of the site plan/building authorization.
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler,
recommending approval of a conditional use permit to allow for drive-through
window service, including a RPU, in conjunction with a Class I restaurant. Roll
call vote: Ayes - 7 –Nays - 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler,
recommending approval of a site plan/building permit authorization to allow for
construction of a 4,300 sq. ft. Class I restaurant with drive-through window
service on an existing 1.28-acre lot. Roll call vote: Ayes - 7 – Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 7, 2021
Page 3 of 3
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
Community Development Director Bruce Nordquist provided a brief presentation
noting many of the projects reviewed by the Planning Commission during the
time that Thomas Melander has been Chair. This meeting is his final meeting as
Planning Commission Chair before moving on to the City Council.
The next Planning Commission meeting is Wednesday, April 21, 2021, 7:00
p.m. The next City Council meeting is Thursday, April 8, 2020, 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 Schindler moved, seconded by Commissioner Scanlan,
to adjourn the meeting at 7:45 p.m. Roll call vote: Ayes – 7 – Nays – 0.
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 4/21/2021 . Tim Burke, Vice-Chair
I T E M: 4.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 21, 2021
S E C T I O N:P ublic Hearings
Description:
E agle B rook Church - P C21-09-P Z
Consider Comprehensive Plan L and Use Map amendment re-designating 13.86 acres from "C"
(Commercial) to "I NS T " (I nstitutional) and zoning amendment to add church to the list of
permitted uses in P lanned Development No.646/Zone 1
S taff Contact:
Thomas L ovelace, City Planner
Department / Division:
Community Development Department
Applicant:
E agle Brook Church and Menard, I nc.
P roject Number:
P C21-09-P Z
Applicant Date: 3/22/2021 60 Days: 5/21/2021 120 Days: 7/20/2021
AC T I O N RE Q UE S T E D:
Open the public hearing, receive comments and close the public hearing. It is the policy of
the Planning C ommission not to act on a public hearing item the night of the public hearing.
S UM M ARY:
For your consideration is a request from Eagle Brook C hurch and Menard, Inc. for the
following:
1. Re-designation of the 13.86 parcel from "C " (C ommercial) to "IN S" (Institutional); and
2. Zoning amendment to allow amendment to the C ity's 2040 C omprehensive Land Use
Map and zoning amendment.
T he property is located at 14960 Florence Trail and is the former Menard's building supply
store. T he applicant is proposing to remove half of the existing building and will add parking
in the former outdoor yard area, north of the building. No detailed plans have been submitted
as part of this request.
A requirement of any amendment is that the community must allow adjacent governments,
affected special districts, and affected school districts up to 60 days to review the
comprehensive plan amendment. T his waiting period allows others to review and comment on
the amendment before the Metropolitan C ouncil's review. Staff has submitted a request to
adjacent communities, and affected agencies and school districts. We have received several
responses indicating that the proposed amendment will not have an impact.
T he C ity of Lakeville has submitted their response and they have requested a traffic study be
prepared determine possible traffic impacts on Flagstaff Ave. south of C S A H 46. T he traffic
study should provide information on the proposed days/times of church operations. T he
applicant is currently preparing a traffic study for review by the City staff. T he study will
also be given to the C ity of Lakeville, per their request.
B AC K G RO UND:
Comprehensiv e P lan: T he C ity's 2040 C omprehensive Plan currently designates the
property "C " (C ommercial). T he C ommercial designation includes a wide variety of retail,
office, and service uses that vary in intensity and off-site impacts. T he C ity uses the zoning
ordinance to regulate the intensity and characteristics of development. Lower-intensity
districts include Limited Business and Neighborhood C ommercial. Higher-intensity districts
include General Business and Retail. In each district, land use and performance standards set
parameters for development. Examples include parking, building setbacks, infiltrations, site
access, and lot coverage.
T he applicant is requesting a re-designation of the property to "IN ST " (Institutional). T he
2040 Comp Plan describes Institutional districts as public or quasi- public amenities,
excluding parks that greatly impact the character of the community. Although public uses
require public investment or donations and do not generate taxes of their own, the value of
these amenities is reflected by increasing the value of surrounding properties.
Schools, hospitals, and places of worship give neighborhoods definition. T hese uses are a
source of community pride. T hey drive residential property values and neighborhood
reinvestment. Apple Valley citizens are proud of their strong public school system. T he
largest institution is the Minnesota Zoo, which is an asset for the entire Twin C ities region.
Government facilities are a prime example of institutional uses. T he C ity Municipal Center,
the Dakota C ounty library, the D akota County Western Services C enter (WSC ), and the US
post office, etc., should be all concentrated in Downtown Apple Valley to best serve the
community.
T he C ity seeks to maximize the local benefits of regional park and institutional uses while
avoiding expansion or changes in use that have a significant negative impact on adjacent
residential properties. Undesirable impacts include traffic, light, and noise. Buffering
techniques should be incorporated into the designs of planned institutional and similar land
uses that are located adjacent to residential uses.
T he implementing zoning districts for institutional properties are the "P" (Institutional) and
the "PD" (Planned Development).
Zoning: T he property is currently zoned "PD-646/zone 1" ( Planned Development). Uses
allowed within this zone include a variety of retail uses. T he petitioner is requesting that a
church be added as a permitted use within zone 1 of this planned development zoning district.
Churches are currently listed as permitted uses in the "P" and "LB", "LB-1" (Limited
Business), and "PD-3451/zone 5 zoning districts; and as a conditional use in the "BP"
(Business Park) zoning and "I-1" (Limited Industrial) zoning districts.
Accesses and Circulation: T he site currently has 510 parking spaces in the front of the
building. T he submitted site plan indicates approximately 425 spaces in the front of the
building and approximately 225 additional spaces in the former outdoor yard. Staff has
asked the petitioner to provide a traffic study. Once staff has reviewed that study, an in-depth
analysis can be presented as to the impacts on abutting roadways and adjacent uses.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Applicant L etter
L ocation Map
Comp Plan Map
Z oning Map
M E M O R A N D U M
TO: City of Apple Valley
FROM: Mark Hennessey, Eagle Brook Church
DATE: March 17, 2021
RE: Narrative Description of EBC’s Apple Valley Land Use Application Requests
Eagle Brook Church (EBC) is a multi-site church that uses video to broadcast messages
presented live at our Lino Lakes Campus to attenders gathered at EBC’s other satellite
campuses. Currently, EBC is using Lakeville South High School as a temporary South Metro
satellite campus until a long-term location is obtained. EBC believes that the former Menards
store at 14960 Florence Trail in Apple Valley (Property ID: 01-26900-03-010) (the Property) is
an ideal location for a permanent South Metro Campus. The Property is currently owned by
Menards and EBC has signed a Purchase Agreement to buy the Property, contingent on land
use approvals from the City.
Through this application, EBC requests amendment(s) to the City of Apple Valley’s
Comprehensive Plan (Plan) and Zoning Ordinance (Ordinance) necessary to allow EBC to use
the Property for collective religious assembly. The Property is currently zoned PD-646, Zone 1.
Currently, the Plan guides the Property “Commercial” and includes it in the City’s
“Downtown Core.” The Ordinance now allows “theater (except open air drive-in),” “club lodge
or convention center,” and restaurant uses in Zone 1 of PD-646, among other uses similar to
EBC’s proposed use. Similarly, the Plan allows public/institutional/assembly uses in the
Downtown Core and the plan anticipates “site transformations” of former big-box locations,
“including reduced store footprints, adaptive reuse, or infill development as the retail market
adapts to changing consumer preferences” at the Property and other properties in the
Downtown Core.
EBC anticipates that our use requires an amendment to the permitted uses allowed in PD-646,
Zone 1 and, potentially, an amendment to the Plan’s future land use map to guide the
Property “Public and Institutional.” Because of this, EBC requests that the City:
(1)add “church” to the list of permitted uses in Zone 1 of PD-646 at Article 24, Section
A24-2(A)(1) of the Ordinance; and
(2)amend the Plan to guide the Property “Public and Institutional.”
City of Apple Valley
March 17, 2021
Page 2
There are other options to rezone the Property and/or amend the Plan or Ordinance that
would allow EBC’s proposed use of the Property for religious assembly and worship. EBC
supports any City action or amendment that will allow EBC’s proposed use of the Property
on equitable terms as the other assembly and institutional uses allowed in PD-646, Zone 1
and the Downtown Core.
Additional information regarding EBC’s proposed use of the Property and renovations to the
building is enclosed. We look forward to working with you and are available to provide any
information that may be necessary for the City’s review and approval.
SOUTH METRO CAMPUS | APPLE VALLEY
AREA MAP
N
USE
Eagle Brook (EBC) is a multi-site church that uses video to
broadcast messages presented live at our Lino Lakes Campus to
attenders gathered at satellite campuses around the Twin Cities
metro area. EBC is currently hosting services at Lakeville South
High School on Sundays at what we consider a temporary
“mobile” site. Our proposed location in Apple Valley will become
a permanent church location for EBC’s South Metro Campus. The
Campus is planned to include approximately 1,000 seats in a
Worship Auditorium, a spacious Lobby with a Café, an
administrative area for church staff, and a secure Children’s
ministry classroom area. EBC holds church services on Saturday
evenings and Sunday mornings. Some campuses hold evening
services on Sundays. These services are typically an hour in length.
On Wednesday evenings, Eagle Brook hosts student ministry for
junior high and senior high students. EBC staff will work in the
building on weekdays, and we will host meetings at other times
during the week. Attendance at these weekday events is
significantly lower than weekend Worship attendance.
LOCATION
The former Menards property in Apple Valley is an ideal
location for EBC’s South Metro campus. The property is central
to our regular attenders connected to significant
thoroughfares allowing access from all directions. Because our
weekly worship services are held at off-peak business hours,
EBC’s traffic will be complementary to Sam’s Club and other
neighboring properties. Our traffic is much like a movie theater
and brings additional customers to restaurants and other
businesses that remain open outside of the normal hours for
heavier business traffic.
SOUTH METRO CAMPUS | APPLE VALLEY
ANOKA CAMPUS
ANOKA CAMPUS
EBC’s proposed South Metro Campus will be similar
to our Anoka Campus. In 2016, EBC re-purposed an
abandoned K-Mart into one of our most attractive
sites. We demolished a portion of the front of the
original structure to create a welcoming entry plaza
and added a new front wall with glass looking into
the Lobby. Our Anoka Campus is similar in size to
the planned South Metro Campus with 1,000 seats
and approximately 650 parking spaces.
BEFORE
AFTER
SOUTH METRO CAMPUS | APPLE VALLEY
FIT PLAN
REPURPOSE APPROX 80,000sf
225+
CARS
425+
CARS
PLAZA
BUILDING
Similar to Anoka, EBC’s current plan for our South
Metro Campus plan would remove approximately
half of the existing building’s square footage,
leaving around 80,000 square feet to accommodate
approximately 1,000 seats in a Worship Auditorium.
The campus would also include a generous lobby
where guests can relax, connect, and grab coffee at
EBC’s Café. A secure children’s ministry wing will
provide age-appropriate programming for kids
from birth to fifth grade concurrent with EBC’s
worship services attended by parents.
SITE AND LANDSCAPING
Removing a portion of the existing building will
create a generous pad for a welcoming entry plaza.
This initial diagram shows EBCS plan for an 80-foot-
deep plaza stretching 450 feet across the south side
of the building. Most of this area will be
landscaped, but it will also incorporate outdoor
sitting areas and hardscape to enable people to be
dropped off and transition to and from vehicles.
The property currently has ample parking under
City ordinances, but EBC intends to add additional
space even though we are not required. The
property also has ample room for a service road
around parking for circulation and to accommodate
periods of increased traffic. Our current plan would
provide for 650 or more parking spaces for EBC’s
preferred ratio of parking to worship seats based on
guests’ convenience and Eagle Brook’s experience
at other campuses.
N
I T E M: 5.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A pril 21, 2021
S E C T I O N:L and Use / Action I tems
Description:
Nominate and Approve Officers
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Nominate and elect the following officer positions:
1. Chair
2. Vice-C hair
3. Secretary
S UM M ARY:
Planning C ommission C hair Tom Melander resigned after the April 7 Planning C ommission
meeting to accept an appointment to a City Council vacancy. A vacancy on the Planning
Commission now exists and new officers are sought.
Presently, the Planning C ommission leadership is:
Chair – Vacant
Vice-C hair – Tim Burke
Secretary – David Schindler
As is past practice, a new Chair, Vice Chair and Secretary will be selected by the Planning
Commission. Two approaches are used:
A single nomination from the members, followed by a motion, second and a vote.
If there is more than one nomination, ballots have been prepared to be distributed at the
meeting to identify a choice. A simple majority identifies the selection, followed by a
motion, second and vote.
T he meeting will proceed to other agenda items at the completion of the selection.
T he Planning C ommission vacancy is open and available to submit an application until April
30, 2021. T he City C ouncil receives and reviews the applications. At a future C ity C ouncil
meeting, a similar balloting process is used to identify a new Planning C ommission member.
A selection process in May is being planned, leading to participation at an initial Planning
Commission meeting in J une, 2021.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
I T E M: 5.B.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A pril 21, 2021
S E C T I O N:L and Use / Action I tems
Description:
Orchard P ath P hase 2- P C21-10-B
S taff Contact:
Thomas L ovelace, City Planner
Department / Division:
Community Development Department
Applicant:
S enior Housing P artners and P HS of Apple Valley, I nc.P roject Number:
Applicant Date: 4/7/2021 60 Days: 6/6/2021 120 Days: 8/5/2021
AC T I O N RE Q UE S T E D:
Recommend site plan/building authorization approval to allow for construction of a 60-unit
addition to the existing 195-unit Orchard Path continuum-of-care facility on property located
at 5400 157th Street West and legally described as Lot 1, Block 1, Presbyterian Homes at
Cobblestone Lake, subject to the following conditions:
1. Construction shall occur in conformance with the site plan dated April 7, 2021,
including parking lot paving and a non-surmountable concrete curb and gutter around the
entire perimeter with a minimum driveway approach radius of 15' at each public street,
and a valley gutter at the edge of the street pavement; subject to the addition of four
surface parking spaces.
2. Construction shall occur in conformance with the landscape plans dated April 7, 2021,
(including sodded/seeded public boulevard area up to each street curbline); subject to
submission of a detailed landscape planting price list for verification of the C ity’s 2.5%
landscaping requirement at the time of building permit application.
3. All existing trees planted as part of the original approval that will be removed will be
required to be replaced and will not count toward meeting the 2.5% landscaping
requirement for the 60-unit addition.
4. Construction shall occur in conformance with the elevation plans dated April 7, 2021.
5. All necessary mechanical protrusions visible to the exterior shall be screened or
handled in accordance with Section 155.346 (3) (a) (b) of the city code.
6. Site grading shall occur in conformance with a N atural Resources Management Plan
(N RMP) which shall include final grading plan to be submitted for review and approval
by the City Engineer; subject to the applicant submitting a copy of the G eneral Storm
Water Permit approval from the Minnesota Pollution C ontrol Agency pursuant to
Minnesota Rules 7100.1000 - 7100.1100 regarding the State N P D ES Permit prior to
commencement of grading activity.
7. Any site and building lighting shall consist of downcast, shoebox lighting fixtures or
wallpacks with deflector shield which confines light to the property and shall be
installed in conformance with Section 155.353 of the city code.
8. Construction shall be limited to the hours of 6:00 a.m. to 7:00 p.m. Monday through
Friday.
9. Prior to issuance of a building permit, a construction staging and construction personnel
parking plan shall be submitted and approved by the C ity.
S UM M ARY:
For your consideration is a request by Senior Housing Partners and P HS of Apple Valley,
Inc. for site plan/building authorization approval to allow for construction of a 60-unit
addition to their existing 195-unit continuum of care facility located at 5400 157th Street
West. T he proposal would add 60 independent living units to the existing facility, which
currently has 115 independent, 58 assisted living, 20 memory care, and two guest units. T he
four-story addition will be located at the north end of the existing building. Eight surface
parking and 55 underground parking spaces will be added to the existing 107 surface and 101
underground parking spaces. Four additional parking spaces will need to be added to meet
the minimum parking requirements.
T he proposed addition is generally consistent with the master plan that was reviewed as part
of their 2016 proposal.
B AC K G RO UND:
Comprehensiv e P lan: T he property is currently guided "HD" (High D ensity Residential).
High Density residential areas include multi-family structures such as apartments and
condominiums at densities greater than 12 units per acres. T he additional 60-units will
increase the site's density to 21 units per acre.
One of the keys of the 2040 Comprehensive Plan is to provide a community for a lifetime.
T hat can be accomplished by responding to the needs of changing demographics, including
the growing elderly community by providing a good mix of housing such as the proposed 60
senior dwelling units.
Zoning: T he property is zoned Planned Development No. 703/zone 6, which allows for
continuum-of-care retirement community as a permitted use having a a density that will not
exceed 32 units per acre. T he proposed addition will increase the density to 21 units per
acre.
Site P lan: T he site plan shows a 60-unit addition on a 21,355-sq. ft. footprint with a 55-
space underground parking garage. T he construction of the addition will require
reconstruction of an existing infiltration basin, the addition of a second infiltration basin, and
the removal of 28 trees. T he petitioner is proposing to replant five of those trees at the south
end of the existing parking lot.
Five surface parking spaces will be added adjacent to the south underground service
driveway. Four additional parking spaces will need to be added to meet the minimum
parking.
Grading and Utilities: T he City Engineer has reviewed the grading and utility plans and his
comments recommendations are included in an attached memo. Issuance of a building permit,
grading activity or utility installation shall contingent upon the review and approval of the
final grading and utility plans the City Engineer.
Elev ation Drawings: T he exterior finish of the addition will be a combination of fiber
cement lap siding and sakes and manufactured veneer stone. T he primary materials will be
the lap siding and shakes, and a manufactured stone veneer, with a pre-finished metal soffit
and fascia. T he proposed materials for the addition will be consistent with the existing
building.
Landscape P lan: T he landscape plan indicates a variety of deciduous trees, evergreens,
shrubs, and annuals/perennial plantings. T he applicant will need to meet landscape
requirements within the C ity’s zoning ordinance, which requires that residential developments
in multiple family zoning districts install landscaping (live plant material excluding sod) that
will have a minimum cost of 2.5% of the estimated building construction cost based on
Means C onstruction Data. T he applicant will need to submit a landscape plan that labels the
plants and a detailed planting list for review and approval by C ity staff prior to issuance of a
building permit.
Twenty-eight trees planted as part of the first phase will be removed to accommodate the
construction of the addition. T he petitioner is proposing to replant five of the trees at the
south end of the existing parking lot. T he respaded trees shall not be placed over any
utilities. Consideration should be made to replant more trees. If that cannot occur, the lost
plantings will need to be replaced onsite at a 1 to 1 ratio and will not be counted towards the
addition's 2.5% landscape requirement.
T he proposed landscape plan includes 21 shade trees total to be planted (7 spruce), and 11
ornamental trees. Given the removals outlined, additional trees shall be replanted beyond this
proposed quantity.
P ark and Recreation: Parks and Recreation staff have reviewed the proposed plans and
have the following comments:
It appears that the developer will be making a connection to an existing storm water
catch basin on park property. T he developer should be required to return the disturbed
area to the same/similar condition they found it, the area is irrigated and they will need
to repair/relocate the irrigation system as needed and should contact our park
maintenance department before digging up the area.
It appears that the developer wants to make a sidewalk connection from the
development to the existing bituminous path which is on park property. T he developer
should be required to return the disturbed area to the same/similar condition they found
it, who will be responsible for the repair/maintenance of the sidewalk in the future?
T he parking lot that is to the north is a public park parking lot, the developer and their
contractors should not be allowed to stage any of their construction activities from the
parking lot and generally should avoid using the lot (especially heavy equipment).
We look forward to more people living in and visiting the area using our parks and trails
once this is built and open for occupancy.
B UD G E T I M PAC T:
AT TAC HM E NT S :
Memo
Applicant L etter
L ocation Map
Comp Plan Map
Z oning Map
Site P lan
Site P lan
Plan S et
F loor Plan
Elevations
CITY OF
MEMO
Public Works
TO: Tom Lovelace, Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: April 16, 2021
SUBJECT: PHS Orchard Path Senior Housing Phase II Preliminary Plan Review
per plans dated April 7th, 2021
General
1. All work and infrastructure within public easements or right of way shall be to
City standards.
2. 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.
3. No construction work shall begin prior to a preconstruction meeting conference with
a Public works and a Building Inspections representative.
4. Public Work Department (952-953-2400) shall be notified a minimum of 48 hours
for any required water main shut downs and/or connections.
5. No trees will be permitted in public easements.
6. Infiltration Basin Construction and Maintenance Agreement will be required as part of
Development Agreement.
Permits
7. 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.
8. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required
prior to any land disturbing activity.
9. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI)
prior to construction.
10. Provide a copy of any other required permits.
Site
11. Final site plan shall be reviewed with the construction plans and approved by City
Engineer.
12. Pedestrian curb ramps in accordance with City of Apple Valley standards are required at
sidewalk crossings of entrances.
Grading, Drainage and Erosion Control
13. Final Grading Plans shall be reviewed and approved by City Engineer.
14. Final Stormwater Management Plan shall be reviewed and approved by City Engineer.
15. Provide overall site composite Curve Number (CN) on the plans.
16. The finished floor/low opening elevation must be 3’ minimum above the 100-year high
water level.
17. The proposed southern infiltration basin is over the existing sanitary sewer line, no basins
shall be constructed over existing utilities.
18. Show all emergency over flow (EOF) elevations and routing. The finished floor/low
opening elevation must be 1’ minimum above the EOF elevation. EOF route should be
clearly identified on the plans.
19. Provide a cross section for the Infiltration basin, include type and depth of filter media.
Sanitary Sewer
20. Verify that there is adequate coverage for the sanitary sewer line that run between SSWR 2
and SSWR 1 and crosses the storm sewer and water line.
21. Final sanitary sewer design shall be reviewed with the construction plans and approved by
City Engineer.
Water main
22. Provide additional drawing showing required hydrant coverage for site.
23. Final water main design shall be reviewed with the construction plans and approved by
City Engineer.
Storm Sewer
24. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans
and approved by City Engineer.
25. Provide storm sewer calculations for stormwater requirements. (Rational method including
Hydraulic grade lines).
26. Storm sewer within right of way and public drainage and utility easement for purposes of
connection to public infrastructure shall be reinforced concrete pipe and meet all City
standards.
27. Provide and overflow structure at the outlet of Infiltration Basin #1.
Details
28. The following City Detail Plates have recently been updated and need to be included in
the plans: SER-6, SER-3, STO-1, STO-7, SAN-1, WAT-3
Landscape and Natural Resources
29. No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row.
Presbyterian Homes Orchard Path Phase 2
Site Plan Review Application Project Narrative
Applicant: Senior Housing Partners (SHP)
Owner: PHS of Apple Valley, Inc.
Project Name: Orchard Path Phase 2
Project Address: 5400 157th Street West,
Apple Valley, MN, 55124
Date: April 7th, 2021
Ownership: Presbyterian Homes and Services Inc. (PHS), is a non-profit senior housing provider based in
St. Paul. MN. PHS is a faith-based organization providing a broad array of housing choices and service
options for older adults. See Supplemental Information.
Project Location: 5400 157th St. W. on 12.28 Acres adjacent to Cobblestone Lake.
Project Status:
Phase 1 was approved in 2016 and completed in early 2018. It included 115 Senior Apartments
(Independent Living), 58 Assisted Living Apartments and a 20 Apartment Memory Care. The town
center provides connectivity within the campus and includes a community room, club room, library,
wellness center, theater, bistro and restaurant style dining. The master plan included an addition of a
Senior Apartment wing on the north end of the building to be added to meet market demand.
Project Information
The proposed addition will be 4 stories’ over underground parking. The 60 units will be a mix of 1
bedroom, 1 plus den/sunroom, 2 bedroom and 2 plus sunroom and an additional club room. The
underground garage will connect with the existing garage and will provide 55 parking spots. Also
proposed are an additional 8 surface parking spots for employees added near the delivery area at the
south end of the existing building.
Building Area:
Garage 20,397 square feet
1st -4th Floors 21,355 square feet per floor
Total addition is 105,816 square feet.
Civil Approach:
The site improvements will provide storm water rates and volume controls that meet or exceed current
city requirements. The plan includes utilizing two strategically located, engineered infiltration basins
sized to handle stormwater. The infiltration basins will be planted with live plugs and seed for quick
establishment. Perimeter seed to be a native wild flower mix which will offer a variety of color that is
ankle high and low maintenance. The proposed run off condition will be slightly less than the existing
run off condition. To best locate the addition on the site a private storm sewer and existing hydrant
would be relocated. A porous bituminous surface will be installed in the proposed 8 stall parking area.
Independent Living Units:
The 60 Senior apartment styles were selected based on market demand. They will range in size from 780
sf. to 1620 sf. Each apartment in the addition will have a balcony or patio, laundry and a walk-in closet.
Building Presentation and Architecture:
The 4-story addition with underground parking garage is intentionally designed to match the existing
structure in scale and appearance. Exterior materials will closely match the existing building. The
interior finishes of the common spaces will be a continuation of phase 1 modern twist on Farmhouse
Cottage. The apartment will have a sophisticated, inviting palette of finishes to meet the market.
Landscape Design:
The addition is designed to create another courtyard facing Cobblestone Lake connected with sidewalks
and providing additional green spaces. The landscaping design include similar species of trees, shrubs,
and perennial plants. The berm and trees at the north end of the property will be impacted as more area
is needed for stormwater management. The existing trees will be removed and relocated on site, if
possible, and screening trees will be planted along that area to provide screening between the parking
lot and apartments. This will minimize the effects of headlights and provide a natural visual break. The
addition of a shade structure to the existing patio is contemplated to provide some protection from the
sun allowing residents to enjoy the outdoor spaces comfortably.
Project Development Team
Pamela Belz, Senior Housing Partners
2823 Hamline Ave. North
Roseville, MN 55113
Office: 651.631.6316 pbelz@seniorpartners.com
David Palmer, Senior Housing Partners
2823 Hamline Ave. North
Roseville, MN 55113
Office: 65.631.6389 dpalmer@seniorpartners.com
Greg Woollums, Pope Architects
1295 Bandana Blvd N, Suite 200
St. Paul, MN 55108
Office: 651.789.1574 gwoolums@popearch.com
Anna Lory, Pope Architects
1295 Bandana Blvd N, Suite 200
St. Paul, MN 55108
Office: 651.789.1587 alory@popearch.com
Joel Maier, BKBM Engineers
6120 Earle Brown Drive, Suite 700
Minneapolis, MN 55430
Office: 763.843.0477 jmaier@bkbm.com
Ben Hartberg, Calyx Design Group
475 Cleveland Ave North, Suite 101A
St. Paul, MN 55104
Office: 651.788.9018 ben@calyxdesigngroup.com
Our team looks forward to working with the City of Apple Valley on our requested expansion.
Supplemental Information
Presbyterian Homes & Services (PHS) is based in St. Paul, MN is a faith-based organization providing a
broad array of housing choices and service options for older adults. In 2018, PHS generated $420.6M in
revenues and held over $1.5B in assets. More than 6,500 employees and over 3000 volunteers serve
over 27,000 older adults through 46 PHS-affiliated senior living communities in Wisconsin, Minnesota
and Iowa, and through Optage the home and community-based service division of PHS. Established in
1955, PHS has earned a reputation as an innovative leader dedicated to promoting independence,
vitality and well-being for those they serve. For a complete list and information about PHS sites visit
www.preshomes.org
Senior Housing Partners: Senior Housing Partners serves as the development arm of Presbyterian
Homes & Services and development consultant to other not-for-profit sponsors of senior housing,
assisted living and nursing homes. As a full-service organization, Senior Housing Partners (SHP) provides
turn-key project development. From strategic planning and product positioning to site selection,
entitlements and regulatory review, SHP works through all the details. SHP’s Marketing team is available
to complete pre-leasing and fill of the projects units once construction is complete. Formed in 1995 SHP
has developed 74 projects and been in the capital market for more than 3.1 billion of development. SHP
services include developing new campuses and repositioning senior living communities across the
country. Each project is designed to be highly competitive in the market place for years to come. For
more information visit www.seniorhousingparnters.com
PHS Mission and Objectives:
Mission: To honor God by enriching the lives and touching the hearts of older adults.
Vision: To provide more choices and opportunities for more older adults to live well.
Our Values: Christian Ministry, Ready and Engaged People, Operational Integrity, Service Excellence and
Stewardship.
Project Objectives:
· Provide more area senior residents with additional opportunities to continue living in the city of
Apple Valley.
· Build community identity and connectivity for residents in all housing types.
· Provide options in living type, care level, menus, dining venues and activity choices.
· Create inviting accessible outdoor spaces that maximize the beautiful land scape.
· Demonstrate good stewardship of entrusted resources.
I T E M: 5.C.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:A pril 21, 2021
S E C T I O N:L and Use / Action I tems
Description:
Consider Ordinance Amendments Related to Special E vents, Temporary Signage, and Mobile
Food Units
S taff Contact:
A lex Sharpe, Planner and Economic Development Spec.
Department / Division:
Community Development Department
Applicant:
City of Apple Valley
P roject Number:
17-15-O
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Recommend Passing Ordinance Amending Various C hapters of C ity C ode to Regulate
Special Events and Mobile Food Units in Industrial Zones.
S UM M ARY:
In May and September 2018, the C ity C ouncil 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.
On February 5th, 2020, the Planning C ommission held a public hearing considering this item,
on February 19th, 2020, the C ommission unanimously recommended approval. Due to the
pandemic staff did not bring forward a formal amendment for special events to City
Council.
On A pril 7, 2021, the Planning Commission held the public hearing for this amendment. No
comments were received from the public. Since that time, a commissioner has sought
information about bicycle events within the City and whether they would require a permit.
Bicycle events were planned for as part of the ordinance and those with 50 riders or less at
any one time do not require a permit whether they begin in Apple Valley, or other neighboring
City. If the Planning Commission suggests the number of participants in a bicycle event
where a permit is required should be increased, a motion can be made to that effect. T he goal
was to allow small bicycle groups to ride without a permit, while recognizing that large
groups could cause traffic impacts, or that the C ity should be aware of these groups passing
through the community in the event of an emergency. For reference, run/walk events require a
permit when anticipated attendance is 500 persons. Staff provided these thresholds as biking
groups are required to use roadways rather than trails and paths, and tend to stay in a tighter
formation than run/walk events. Additionally, permits for these smaller events are proposed
to be $5.00, a fee which covers the transaction fee for online submission, but is small enough
to not hinder groups from organizing events.
Staff has been working to bring a brewing or distilling business to the community for several
years, and the code was amended many years ago allowing these uses within the industrial
zones. Commonly breweries and distilleries host food trucks, or "mobile food units" as
defined by code. To allow for this common practice staff has altered the ordinance the
Commission previously recommended to allow for food trucks at breweries and distilleries
as a conditional use. By allowing this use conditionally, the C ity may place reasonable
conditions to mitigate any potential impacts to surrounding properties.
B AC K G RO UND:
In May 2018, C ity C ouncil reviewed/approved the Park Event policy and procedure
application which manages events in C ity parks. T hese 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. T hey 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.
T he 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 C hamber of C ommerce, 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. T he Planning C ommission will not provide direction on several of
these ordinances as they are not within C hapter 155, Zoning, however, draft sections of these
amendments are included as supplemental material to understand the full scope of the
ordinance amendments.
T he 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. T hese events are still
popular, but are expanding into events with a larger scope that the code currently does not
recognize. T he 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.
T he attached draft ordinances allow the following:
A shift to an Avolve/P IMS based permitting process with low fees for small events and
conditions for larger events which allow for reimbursement of City costs.
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 C ity Council review of "community events".
Staff review for smaller events (C ommunity Development leading coordination with
Public Works, Parks and Recreation, Police, and Fire reviewing as needed).
T he draft ordinance has a threshold of events with 1,000+ persons projected at any one
time that triggers C ity Council review.
After three years of staff experience, staff is suggesting that this number increase
to 2,000 people as the C ity has reviewed multiple events with more than 1,000
attendees.
A fee structure including;
A low fee for electronic submission and review of business promotions and small
events.
A fee structure for plan review and where City staff resources are reimbursed.
To coincide with the draft changes to the promotions and events sections of the code, several
other chapters require updating. T hese 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. T he draft ordinance increases the time a temporary sign
is permitted in the C ity to 45 days per year and removes the requirement that the sign be tied
to an event. T his 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.
T he planned ordinance changes are not in conflict with the Parks and Recreation policy and
procedures application. T he following points illustrate shared goals and how these policies
review different outcomes:
T he Parks and Recreation application applies to events which occur primarily within a
park. T he proposed ordinances apply to land outside of parks, both public and private.
T hese 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 C ity Clerk.
T he 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 C ity.
B UD G E T I M PAC T:
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 C ity C lerk to make appropriate fee schedule changes to address
private event costs to the C ity. Larger events which require City Council approval will seek
to have fees which are in relation to the cost of review, while smaller events are proposed to
by a $5.00 permit covering the transaction fees for online review.
AT TAC HM E NT S :
Exhibit
Agreement
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Summary of Outdoor Commercial Promotions & Special Events
Outdoor Commercial Promotion
(Existing regulation §155. 358)
|
• 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
to 10 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)
|
•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 >2000 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) 60 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
1
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 is 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 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 2. Chapter 155 of the Apple Valley City Code is amended by revising Section
155.358 to read as follows:
§ 155.358 SPECIAL OUTDOOR COMMERCIAL PROMOTIONS.
An outdoor commercial promotion is a sales or other business-related event conducted
outdoors by a leasehold or owner occupant of commercial, industrial, or institutional property on
which the principal commercial operation is located. An outdoor commercial promotion by a
leasehold or 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-profit 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 outdoor commercial promotions in on commercial, industrial, or institutional
property zoning districts such as, but not limited to, tires at service stations, carnivals at shopping
centers, sidewalk sales or similar outdoor displays and sales at service stations or shopping centers,
shall only be by permitted as accessory uses when administratively approved by the Zoning
Administrator, subject to under all of the following conditions:
(A) The outdoor commercial promotional sales approval shall only be given 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 (10) 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
2
fundraising event on the subject property shall not be for more than three (3) consecutive days and
shall be sponsored by the property owner or occupant business on the subject parcel. The number
of permits to a not-for-profit organization for a fundraising event on the subject property is not
restricted and the permit will not be considered in the number of permits allowed for an occupant
business conducting an outdoor commercial promotion. 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’s 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 or a free-standing store may be given
approval for sidewalk sales;
(ED) A Ssidewalk sales shall be restricted to the area immediately adjacent to the
front of the store that is conducting the sale on the sidewalk or parking lot. The sales or display
shall permit a minimum four-foot wide open sidewalk area in front of each store at all times for
pedestrians; and .
(FE) Failure to comply with these regulations shall be sufficient reason to
immediately revoke the approval approved permit and grounds for denial of future permits.
Section 3. Chapter 155 of the Apple Valley City Code is amended by adding Section
155.361 to read as follows:
§155.361 PARADES, ATHLETIC EVENTS, AND OTHER TEMPORARY OUTDOOR
EVENTS
(A) Purpose. An increased number of events sponsored by private individuals, groups of
private individuals and organizations involving a large number of participants or attendees of the
general public have been 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 necessary in the absence of such event, including but not limited to, street closures or
restrictions, traffic direction and control, city personnel resources, city resources to provide
services for the operation of a special event in whole or part, and other city services to protect the
general public health, safety and welfare due to the occurrence of a special event. To protect the
participants, attendees, and 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.
3
(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 event does not include a group of
individuals walking, running, or cycling solely for personal exercise or organized team practice
that is not in connection with an organized or sponsored event open to the general public for
participation.
BLOCK PARTY shall mean a festive gathering of persons within a public or private street
requiring the closure of or restriction on the street, or a portion thereof, to vehicular traffic and the
attendance is open to the general public, including, but not limited to street dances, barbecues,
picnics, music, games and gathering. A block party in a residential neighborhood that is hosted
and attended by the occupants of the properties located along the public right-of-way in which the
block party occurs shall not be deemed a "block party" for which a temporary outdoor event permit
is required under this Section, provided a block party permit has been issued by the police chief
and director of public works pursuant to the rules and regulations established for neighborhood
block parties.
EVENT shall mean a parade, athletic event, or other temporary outdoor event.
OTHER TEMPORARY OUTDOOR EVENT shall mean an event open to the general
public which occurs on public or private property or a public right-of-way, including any sidewalk
or trail. For purposes of this section, other temporary outdoor event includes, but is not limited, to
a farmer's market; art and craft fair or show; block party; soap box derby; motorized vehicle rally;
street dance or fair; music concert; festival or fest or similar event in which food, beverages, goods,
or wares are sold or provided to attendees. 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 vendor and 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
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"parade" shall not include any organized marathon, walk or run event or bicycle event which is
otherwise defined as an "athletic event" herein.
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 lines in which a roadway lies.
(C) Permit required.
(1) A temporary outdoor event permit is required in connection with any of the following:
(a) Athletic event that is proposed to occur within city property or public rights-of-
way and are timed or for which prizes are awarded to the top finishers, regardless of the number
of participants, which include, but are not limited to: marathons; walk, run, skate, or ski events;
and cycle rallies or races, that occur in whole or part within city streets.
(b) Athletic event that is proposed 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 500
or more participants in a walk/run event or 50 or more cyclists in a cycle event that occurs in whole
or part within city streets.
(c) Event for which street or intersection closures or restrictions are required as
determined by the city or as may be requested by the event sponsor, unless otherwise excluded by
definition of the event in this section.
(d) Parade.
(e) Events to occur within the city that are open to the general public in which one
or a combination of the following activities are to occur: more than three (3) registered vendors,
exhibition of arts, crafts or live performance, amplified music (live or recorded), amusement rides,
or amusement games/activities 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;
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(b) A governmental agency activity within the scope of its duties;
(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 city at any one time; and
(ii) All participants shall obey all traffic laws.
(D) Permit issuance.
(1) The Zoning Administrator is authorized to issue temporary outdoor event permit
in accordance with this section that does not otherwise require city council approval. The Zoning
Administrator shall approve, conditionally approve, or deny an application for a temporary outdoor
event permit in accordance with the provisions of this section. All applications shall be reviewed
by the temporary outdoor event permit committee. The temporary outdoor event permit committee
shall establish and amend, as necessary, rules and regulations governing the implementation of
this section and all events under a temporary outdoor event permit, subject to the adoption by the
city council.
(2) A temporary outdoor event permit may be issued only upon city council
approval when the outdoor event involves the one or more of the following:
(a) 2,000 or more persons are reasonably expected or anticipated to attend
the event;
(b) Other than a farmers market or flea market, the event plans to have more
than 3 vendors, or 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.
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(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:
(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 permit or reservation to use the city's
property, or violated any city or state law in connection with the use of city property or public
rights-of-way.
(d) The applicant failed to complete or sign the application form by the
required deadline after having been notified of the additional information or documents required,
including the provision of traffic and emergency plans.
(e) The traffic plan or emergency plan submitted by the applicant does not
meet the approval of the chief of police or director of public works.
(f) The sole purpose of the event is to 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 private profit. This provision does not apply to the sale of products, goods,
wares, or merchandise as part of a farmers' market, art or craft fair, or the like or as a vendor
registered for an event permitted hereunder and does not apply if the advertising is secondary to
or as a sponsoring organization of the event.
(g) The time, route, or size of the event will substantially interrupt the safe
and orderly movement of traffic contiguous to the event site or route or disrupt the use of a street
at a time when it is usually subject to great traffic congestion.
When the grounds for denial of an application for permit based upon
subsections (a) through (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.
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(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
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 on a regular council meeting agenda,
approves the issuance of the permit.
(2) Application Information Required. In addition to the information requested on
the city’s application form, the applicant shall submit as part of the application the following:
(a) A detailed site plan, to scale, depicting the following:
(i) The entire area of the property on which the event will occur
(ii) Location of all vendors or other event booth or tents, identifying
each type of vendor booth, cart or mobile food unit
(iii) If the event is occurring in a parking lot, the number of parking
spaces being occupied by the event.
(iv) Proposed vehicular and pedestrian traffic flow within the event
area and immediately adjacent to the event area and the public rights-of way.
(v) Location of all restroom facilities for the event.
(vi) Location and type of all refuse containers to be placed
(vii) Identification of any access points into the property from streets
that are proposed to be closed.
(viii) If music or other amplified sound is proposed to occur for the
event, the location of the stage and the amplified equipment (speakers).
(b) A list of all vendors proposed to be participating in the event, including
any food, beverage, goods and 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.
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(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.
(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 by the applicant.
(b) The applicant/sponsoring organization of the event shall obtain and
maintain commercial general liability insurance on an occurrence basis to protect against loss from
liability imposed by laws for damages on account of bodily injury or property damage arising from
the event. Such insurance shall name the City of Apple Valley on the policy or by endorsement,
as additional insureds. The insurance coverage shall be maintained for the duration of the event
with a minimum $1,000,000.00 combined single limit and a minimum $2,000,000.00 aggregate
limit.
If food or non-alcoholic beverages are sold or provided at the event, whether by the
permittee or a registered vendor, the insurance policy shall also include an endorsement for product
liability in an amount not less than $1,000,000.00.
If alcoholic beverages are sold or provided at the event, the insurance coverage shall
include an endorsement for liquor liability in an amount as otherwise required in the city's
regulations governing the sale and licensing of alcoholic beverages.
A copy of the policy or a certificate of insurance, clearly identifying the City of Apple
Valley as an additional insured, shall be filed with the Zoning Administrator not less than thirty
(30) days before the date of the event. If a copy of the policy or the certificate of insurance is not
filed with the city as required herein, the permit shall not be issued and the event shall not occur.
(c) Upon approval 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
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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.
(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 outdoor event permit. The permittee, or an
authorized designee, shall establish in advance of the event and maintain at all times during the
event means to have immediate contact with and access by city staff.
(2) The permittee/sponsoring organization of the event shall be responsible for the
conduct of all employees, agents, or volunteers working in the event and shall take all steps
necessary to ensure the employees, agents, or volunteers working in the event comply with the
permit conditions set forth in this section and all conditions set forth in the permit.
(3) The event shall have an emergency medical first response team on site
specifically assigned to the event if deemed necessary by the police chief or fire chief due to the
nature of the event.
(4) The permittee shall comply with all city, county, state and federal laws and
regulations relevant to the event, including any animal protection laws and regulations.
(5) No electronic sound system or audio equipment or any other device designed to
produce or reproduce audio sound shall be used unless specifically approved under the permit and
all use shall be in accordance with permit terms
(6) No sale or furnishing of food or non-alcoholic beverages shall occur at the
temporary outdoor event, unless the vendor is a registered vendor under the event permit, the
vendor possesses all required licenses from the State of Minnesota and the vendor complies with
the vending cart and mobile food unit regulations elsewhere in this Chapter.
(7) No sale or furnishing of alcoholic beverages shall occur at the event unless a
license is first obtained from the city. 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.
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(9) No signs or banners shall be posted unless specifically approved under the
permit.
(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 offer for sale any food or merchandise at
an event or along the route of any parade or athletic event unless the vendor is registered under the
event permit. This provision shall not apply to the parade held in connection with the Apple Valley
Freedom Days.
(2) It is unlawful for any person to participate in an assemblage within the vehicular
travel portion of any public right of way unless it is in connection with an event for which a
temporary outdoor event permit or block party permit has been issued by the city and is not
otherwise in violation of any traffic direction or control order of a police officer.
Section 4. Chapter 155 of the Apple Valley City Code is amended by adding Section
155.362 to read as follows:
§155.362 VENDING CART & MOBILE FOOD UNIT PROHIBITED; EXCEPTIONS.
(A) Unless otherwise specifically allowed elsewhere in this Chapter, no vending cart or
mobile food unit shall be permitted to operate for the direct sale of food or beverage therefrom to
the general public at any location within the city, except when operated under the following
circumstances:
(1) As part of a permitted outdoor commercial promotion as defined in and in
accordance with the regulations thereof in this Chapter;
(2) As part of and as a registered vendor for a community festival or permitted
temporary outdoor event as defined in and in accordance with the regulations thereof in this
Chapter; or
(3) As part of a private 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.
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(B) The operation of any vending cart and mobile food unit permitted under this Code
shall be subject to the following requirements:
(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 the State of Minnesota-Department
of Health and the license shall be conspicuously posted on the cart/unit during operation within
the city.
(4) The operator of the vending cart or mobile food unit shall properly dispose its
gray water daily if the event is more than a one-day event. No gray water or other waste from the
vendor’s operation shall be disposed, drained or dumped into a storm drain or upon the ground.
(5) In addition to any signage imprinted upon the vending cart or mobile food
unit, each vending cart or mobile food unit operation may have detached signage, subject to the
following requirements:
(a) One (1) sandwich board style sign not exceeding eight (8) square feet;
(b) The sign shall be placed on the ground and within ten (10) feet of the
cart/unit;
(c) The sign shall not be placed within the public right-of-way, including
the sidewalk/trail and boulevard area, unless allowed by a permit issued by the City; and
(d) The sign shall not project from the vending cart or mobile food unit or
located on the roof of the mobile food unit.
(6) No music or other sound or message(s) shall be emitted from or by the
operator of a vending cart or mobile food unit by any electronic sound system or audio
equipment.
(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.
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(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
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.
(C) No mobile food unit shall be parked or stored when not 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 Valley City Code is amended by revising Section
155.375 to read as follows:
§ 155.375 USE OF OFF-STREET SPACES.
Required off-street parking space in commercial, or 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 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.
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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 ________, 2021.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
14
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 following is the official summary of Ordinance No. ____passed by the City Council of Apple
Valley on ______________, 2020:
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 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 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 sale signs. Any signs in connection with Christmas tree sales
shall be subject to the regulations thereof in Chapter 114.
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
are permitted under this section, subject to the restrictions thereof. 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 permitted 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 (sq. 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
signs __ __ __ 32 in permitted districts
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 ________, 2021.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
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
purpose of selling or giving away food and beverages outdoors. 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.
2
Section 4. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this ______ day of _________, 2021.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
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
anyone 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 _________, 2021.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
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 _________, 2021.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
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 _________, 2021.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
I T E M: 6.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :A pril 21, 2021
S E C T I O N:Other Business
Description:
Review of Upcoming S chedule and Other Updates
S taff Contact:
B reanna Vincent, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Next P lanning Commission Meetings:
Wednesday, May 5, 2021 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, April 7, 2021.
Site plan, variance applications due by 9:00 a.m. on Wednesday, April 21, 2021.
Wednesday, May 19, 2021 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, April 21, 2021.
Site plan, variance applications due by 9:00 a.m. on Wednesday, May 5, 2021.
Next City Council Meetings:
T hursday, April 22, 2021 - 7:00 p.m.
T hursday, May 13, 2021 - 7:00 p.m.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A