HomeMy WebLinkAbout03/16/2022 Agenda Packet
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
The Planning C ommission meeting is both a web broadcast and on a virtual
access template to allow remote public participation. The meeting is always open
to the public at the Municipal C enter.
March 16, 2022
PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A
A N N UA L BUS IN ESS MEET IN G
7:00 P M
1.Call to Order
2.Approve Agenda
3.Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A.Approve Minutes of March 2, 2022, Regular Meeting
4.Annual Business Meeting
A.Nominate and Approve Officers
B.Approve 2021 Planning Commission Annual Report
C.Proclamation and Recognition of Service of Planning C ommissioner Tim
Burke
5.Public Hearings
6.Land Use / Action Items
A.Projecting Sign Ordinance Amendment
Petitioner: City of Apple Valley
7.Other Business
A.Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, April 6, 2022 - 7:00 p.m.
Planning Commission - Wednesday, April 20, 2022 - 7:00 p.m.
C ity Council - T hursday, March 24, 2022 - 7:00 p.m.
C ity Council - T hursday, April 14, 2022 - 7:00 p.m.
8.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: 3.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:March 16, 2022
S E C T I O N:Consent A genda
Description:
A pprove Minutes of March 2, 2022, 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 March 2, 2022.
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
March 2, 2022
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Secretary
Schindler at 7:00 p.m.
Members Present: David Schindler, Paul Scanlan, Paul Mahowald, Becky Sandahl
Member(s) Absent: Jodi Kurtz, Keith Diekmann
City staff members attending: Community Develo pment Director Bruce Nordquist, Planner
Kathy Bodmer, Civil Engineer Jodie Scheidt, City Attorney Sharon
Hills, and Department Assistant Breanna Vincent.
2. APPROVAL OF AGENDA
Secretary Schindler asked if there were any changes to the agenda.
Community Development Director Nordquist said there was a larger supplemental printout
of a map from the agenda packet distributed to each commissioner.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl,
approving the agenda. Roll call vote: Ayes - 4 – Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Scanlan moved, seconded by Commissioner
Sandahl, approving the minutes of the meeting of February 2, 2022. Roll
call vote: Ayes – 4 – Nays – 0.
4. PUBLIC HEARING
A. North Creek Greenway at Magellan
Secretary Schindler opened the public hearing.
Planner Bodmer presented the staff report.
Dakota County Project Manager Joe Morneau provided a brief presentation.
Secretary Schindler asked if the plan is to wait until the area south of County 42 is
finalized before putting the system in.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 2, 2022
Page 2 of 3
Mr. Morneau stated that plans are up in the air in the case of Fisher Mining, and
currentl y, but the County may consider doing the tunnel and this section of the Greenway
and a shorter section of the trail south of 42 that might just connect to Flagstaff in the
meantime.
Secretary Schindler asked if there were any comments from the public both in-person or
virtual – None.
Secretary Schindler closed the public hearing. Although it is the policy of the Planning
Commission not to act on an item the night of its public hearing, staff and Commissioners
felt a recommendation could be made as there were no outstanding issues.
MOTION: Commissioner Scanlan moved, seconded by Commissioner
Mahowald, to recommend approval of the subdivision by preliminary plat
of the North Creek Greenway at Magellan subject to the conditions stated
in the staff report. Roll call vote: Ayes – 4 – Nays – 0.
5. LAND USE
A. Lakeside of Diamond Path (Buller) Single Family
Planner Bodmer presented the staff report.
Commissioner Scanlan asked what the process will be if homeowners want to put in a
dock.
Planner Bodmer advised that everything land-ward of the Ordinary High Water Mark is
City jurisdiction but everything lake-ward is DNR jurisdiction. An NRMP would be
required for the City side but would also need to be coordinated with the DNR as well.
Commissioner Scanlan asked if the original drive at the existing home would disappear.
Planner Bodmer advised that it would disappear.
Commissioner Sandahl asked if a variance request will be coming in the future since lots
5 and 6 are at their impervious surface limit.
Planner Bodmer advised that due to the cul-de-sac, these lots are limited in impervious
surface coverage. They will be notified ahead of time of this limit, though a variance
could come in the future and staff would need to look at the practical difficulties of the
request. It should be noted that the building pad shown represents 5,000 sq. ft., which is
larger than a typical building footprint, perhaps reducing variance consideration.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 2, 2022
Page 3 of 3
MOTION: Commissioner Scanlan moved, seconded by Commissioner
Sandahl, to recommend approval of the subdivision by preliminary plat
to subdivide the 8.1 acre parcel into six single family lots for the
construction of five new single family homes, subject to the conditions
stated in the staff report. Roll call vote: Ayes – 4 – Nays – 0.
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is Wednesday, March 16, 2022, 7:00
p.m. The next City Council meeting is Thursday, March 10, 2022, 7:00 p.m.
6. ADJOURNMENT
Secretary Schindler asked for a motion to adjourn.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl,
to adjourn the meeting at 7:46 p.m. Roll call vote: Ayes – 4 – Nays – 0.
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 3/16/2022 . ,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:March 16, 2022
S E C T I O N:A nnual Business
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:
In accordance with C ity Code, the Planning C ommission provides for an annual business
meeting to be held. At the C ity C ouncil meeting of February 24, 2022, existing member
Scanlan was reappointed for a 3-year term. All other commissioners are serving within their 3
year terms.
T he purpose of the annual business meeting is to elect officers for the year and approve the
annual report from the previous year.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
I T E M: 4.B.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:March 16, 2022
S E C T I O N:A nnual Business
Description:
A pprove 2021 Planning Commission A nnual Report
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 2021 Planning C ommission Annual Report
S UM M ARY:
T he C ommunity Development Department is responsible for the work of the Planning
Commission. C ity ordinance requires that a report of C ommission be provided annually
representing the work during the preceding year, 2021.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Report
APPLE VALLEY
PLANNING COMMSSION
2021 ANNUAL REPORT
Planning Commission
Members of the Apple Valley Planning Commission included:
Tim Burke, Chair
Jodi Kurtz, Vice-Chair
David Schindler, Secretary
Keith Diekmann
Paul Scanlan
Philip Mahowald
Becky Sandahl
The role of the Planning Commission is to make recommendations to the City Council on a variety
of land use requests and issues. In 2021, there were 36 land use development applications.
Land use development applications may consist of multiple actions that must be reviewed and
analyzed by staff, then presented to the Planning Commission for recommendations followed by
City Council for their consideration and action. Staff prepared agendas, agenda packets, and
minutes for 15 regularly scheduled Planning Commission meetings; and 12 public hearings were
held in 2021.
The following is a breakout of requests considered by the Planning Commission in 2021:
Comprehensive Plan Amendments 0
Zoning Ordinance Amendments/Rezonings 9
Conditional Use Permits 9
Subdivision/Preliminary Plats/Final Plats 8
Site Plan Reviews/Building Permit Authorizations 15
Vacations 3
Variances 6
Environmental Reviews 1
Interim Use Permits 0
Miscellaneous 2
Sketch Plans 2
Total 55
In some instances, the complexity of some land use requests may include comprehensive plan
revisions, re-zonings, zoning amendments, variances and site plan/building permit authorizations
on property located in established neighborhoods and may require a different level of analysis
during the entitlement process. Changes in these fully developed areas of the city often require
multiple meetings for the complete review following considerable time.
Overview
As the Covid 19 pandemic went into its second year, the Planning Commission continued to
review and recommend several development projects to the City Council. Many of those projects
were in the 35-acre Orchard Place commercial area, which is a reclaimed portion of a sand and
gravel mining operation.
On the residential side, Pulte Homes submitted and received approval for the second phase of
their Orchard Place development; a ten-acre, 101-unit townhome development at the northeast
corner of Johnny Cake Ridge Road and 157th Street West.
The following projects were reviewed by the Planning Commission in 2021, which represent a
growing trend of infill development and potential redevelopment:
Chase Bank in the Apple Valley Square east parking lot;
Cider Ridge commercial center in front of the Hope Church property located at 7477 145th
Street West;
Panera Bread restaurant at the former Bakers Square site located 15200 Cedar Avenue;
Expansion of the Apple Valley Ford/Lincoln dealership on the former Minnesota Auto
Center property located at 7125 151st Street West; and
Pennock Center retail building at the former Liberty Credit site, located at 7668 150th Street
West.
Key 11 - Service
Commercial Projects
Panera Bread Restaurant – In 2019, approval was granted to Panera, LLC and Brixmor
Southport Centre, LLC, for a planned development ordinance amendment and site plan/building
permit authorization to allow the removal of the existing Baker’s Square restaurant and
construction of a new Panera Bread restaurant with drive-through window service at 15200 Cedar
Avenue. Construction of the new restaurant was expected to begin during the spring of 2020. In
late 2020, staff received revised plans that included a second drive lane for rapid pickup service,
which were reviewed in the spring of 2021.
Cider Ridge Marketplace – Approvals were granted for a rezoning to a planned development,
subdivision by preliminary plat, conditional use permit and site plan review/building permit
authorization for a 7,130-sq. ft. multi-tenant building on property in the northeast corner of Cedar
Ave and 145th Street West. A 35,910-sq. ft. parcel was subdivided from the 7.2-acre Hope Church
property to locate a commercial building along Cedar Avenue. The planned development zoning
district will be a mix of the "LB" (Limited Business) and "NCC" (Neighborhood Convenience
Center) zoning districts that will allow for a variety of commercial retail uses. The developer is
finalizing the lease-out of the building and is expected to begin construction summer of 2022.
Apple Valley Square 6th Addition – Review began in 2020 on a request for preliminary plat,
variance and site plan/building permit authorization for property located at 15125 Cedar Avenue.
In 2021, final approval was granted to allow for the subdividing an existing parcel into
two separate lots, a variance to the minimum required parking spaces, and site plan/building
permit authorization to allow for construction of a bank with drive-through window service.
Construction commenced on this project late in 2021.
Pennock Center – The City approved a conditional use permit for a drive-through and setback
variances to allow a 6,100 sq. ft. commercial building to redevelop the Liberty Credit site. This
allowed the property owner to demolish the existing building and replace it with a more functional,
and attractive commercial building. Permits for demolition and new construction were issued in
January and construction was completed in the winter of 2021, landscaping will be installed in the
spring of 2022. Dunkin Donuts/Baskin Robbins currently occupies 2,168 sq. ft. of the multi-tenant
building.
Orchard Place – Approvals were granted for a 34-acre commercial development on reclaimed
sand and gravel property located at the southwest corner of 157th Street West and Pilot Knob
Road. Approvals included the following projects in the development’s nine-acre first phase:
Mister Car Wash – A 6,500-sq. ft. freestanding car wash operation located at 15620
English Avenue;
Copper Pint - An 11,517-sq. ft. Class I restaurant on a 2.7-acre lot located at 15690
English Avenue
Texas Roadhouse – An 8,100-sq. ft. Class I restaurant on a 2.3- acre lot located at 5545
157th Street West;
Chipotle – A 2,500-sq. ft. Class II restaurant with drive thru window service on a portion
of a 3.2-acre lot located at 15600 English Avenue; and
Multi-Tenant Retail Buildings - An 8,400-sq. ft. multi-tenant retail building and 8,000-sq.
ft. multi-tenant on a portion of 3.2-acre located at 15610 and 15640 English Avenue.
Tenants for these properties are Newt’s restaurant, Sweet Treasures Bakery, and Crisp
and Green restaurant at the 15610 location; and Punch Pizza, Red Nails Salon, Sport
Clips, and Starbucks at the 15640 location.
In anticipation of planning and construction in 2022, Lunds/Byerlys purchased a parcel in
December 2021 for development in the Orchard Place section.
Apple Valley Ford/Lincoln Expansion – Apple Auto submitted plans late in the year to expand
their existing operations by adding a Lincoln dealership. Their plans call for the removal of five
existing buildings located at 7125 151st Street West and constructing a 20,800-sq. ft. building for
new and used vehicle sales, auto service, and parts storage. They have also requested the
vacation of Gardenia Avenue and a portion of 151st Street West that will allow the proposed
development to be incorporated into their existing operations. This request will be considered in
2022.
AV Mexican Market and Restaurant - Approvals were granted for a 21,350-sq. ft. building that
will house a Class I restaurant, mercado type market with butcher/deli, and a production/
warehouse storage area to prepare fresh tortillas and other goods. The 1.48-acre site is located
at northeast corner of Galaxie Avenue and 152nd Street West.
My Salon Suite - Site plan review/building permit authorization was granted for a two-story “My
Salon Suite” building on the southeast corner of 153rd Street and Galante Lane. The 0.41-acre
lot is the last lot to be developed in the Legacy Village area. This business provides stylists and
beauticians and personal care services in separate leasable suites. Each tenant decorates their
suite, uses their own branding, sets their hours, prices, and manages their own client lists and
business services.
U-Haul Expansion – Plans were submitted for an expansion of their current operation that would
add a 12,230-sq. ft. building addition to their 63,600-sq. ft. self-storage operation at their current
3.08-acre site located at 6895 151st Street W est. The purpose of this expansion is to provide for
the interior storage of a U-Haul product called a U-Box. The product is dropped off at a customer
location where they fill the box with items they seek to store. It is then picked up by U-Haul and
stored in the proposed building.
Key 3 - Business Oriented
Industrial Projects
Apple Valley Commerce Center – Review began in December 2019 and preliminary approvals
were granted in 2020 for the rezoning, subdivision by preliminary plat and site plan review/building
permit authorization to allow construction of a 117,000 sq. ft. office/warehouse/flex industrial
building on the southwest corner of 147th Street West and Johnny Cake Ridge Road. The
development included a land swap with Menards and the receipt of grant funds from DEED
(Department of Employment and Economic Development) to assist with the cleanup of buried
concrete debris from previous business. The site cleanup and final plat approval were completed
in 2021. Construction of the building is expected to begin in 2022.
Spec Industrial Building - Opus Development submitted plans for a 112,170-sq. ft. industrial
office/warehouse/flex building on a 8.21-acre site located along the north side 147th Street West
and west of Johnny Cake Ridge Road and the Abdallah Candies facility. Approval was granted
on this outlot, which will require a final plat approval prior to the City being able to issue a building
permit. This will likely occur in 2022 and development will follow.
Key 3 - Business Oriented, Key 4 - Employment Focused
Institutional Projects
Eagle Brook Church – Approval was granted to allow for the renovation and downsizing of the
former Menards store into a church. They will be removing 102,657 sq. ft. of the existing 160,796-
sq. ft. building and will use the remaining 58,139 sq. ft. for the church. They will also add parking
in the former outdoor storage yard area, north and east of the building. All but 42 of the existing
453 surface parking spaces, parking islands and cart corrals along the south side of the site will
be removed; as well as the buildings, concrete surface, racking and generator in the lumberyard
area. New parking, stormwater ponding and drive-aisles will be installed. The fence around the
perimeter of the lumberyard will also be removed.
Residential Projects
Eagle Pointe (Apple Valley Golf Course Redevelopment) – After receiving approval a
Comprehensive Plan re-designation and rezoning of the former 23-acre golf course located at
8661 140th Street West, a development application was submitted requesting approval that would
subdivide the property in to 78 lots for the purpose of constructing 27 single-family villas, 49
attached townhomes, one (1) single-family lot. The balance of the remaining common lot will be
used for private streets, storm water ponding and open space.
Since the preliminary approval of the development project in August of 2021, staff has been
working with the developer on securing the approval of the final plat and associated agreements.
Lakeside of Diamond Path – Over the past 20 years, the City has reviewed several residential
development requests on 8.12 acres of property along the east side of Farquar Lake. This has
included sketch plan reviews by the Planning Commission and many meetings with City staff.
In 2020, the property owner and a developer submitted an application requesting a rezoning,
subdivision by preliminary plat, conditional use permit and site plan revie w/building permit
authorization to allow for a 17-unit detached villa townhome project. This project, which was
named The Cove, was reviewed in early 2021, at which time the Planning Commission
recommended denial and the City Council voted to deny the request.
In late 2021, the property owner and developer submitted a new application that requests
approval of a six-lot single-family development to create five new lots for single-family
development. This project will go through the entitlement process beginning in early 2022.
Orchard Place 3rd Addition – Approval was granted for the second phase of the Pulte Homes of
Minnesota 101-unit townhome development located at the northeast corner of 157th Street West
and Johnny Cake Ridge Road. The second phase will include the construction of the remaining
56 dwelling units.
Orchard Path Phase II – Approval and construction began on the second phase of the existing
195-unit Orchard Path continuum-of-care facility located at 5400 157th Street West. The facility
will be adding 60 independent living units to the existing facility that currently has 115 independent
living, 58 assisted living, 20 memory care, and two guest suites.
Applewood Pointe Senior Cooperative and Townhomes - Review began in 2019 on a
proposed redevelopment of 10.93 acres of property located at 12444 Pilot Knob Road. United
Properties requested a rezoning, subdivision and site plan/building permit authorization that would
convert the single-family residential property to multi-family residential that would include a 98-
unit senior co-op building and up to seven townhomes. Construction will commence on the multi-
unit cooperative building upon completion of the final plat, which will likely occur in early 2022.
Risor Apple Valley (Roers Senior Apartments) - Roers Companies was selected by the CDA
to develop property in the Village at Founders Circle area of the Central Village to provide a Class
A “active senior (55+)” apartment development with 80% market rate units and 20% affordable
units. Construction is underway for the 4-story, 160-unit apartment building with underground
parking and 12 townhome units. When completed, a total of 172 senior rental units will be
available at this location.
Variances
The variance process is statutory, allowing the Planning Commission to make recommendations
on practical difficulties that sometimes occur in the exact enforcement of City Code. The City
reviewed the following variances in 2021.
Chick-Fil-a Canopy Variance - Approval was granted for two variances including a 30-ft.
variance to allow for the reduction of the building setback on 153rd Street West from 40 ft. to 10
ft., to construct a 1,280- sq. ft. canopy, and a 29-ft. variance to allow the reduction of the building
setback on Cedar Ave from 50’ to 21’ for a 768 sq. ft. canopy at 7480 153rd Street W est.
Schmidt Porch Variance - Approval was granted to allow for the construction of the replacement
of an existing 14-ft. x 30-ft. deck without platting the parcel at 13251 Diamond Path. City Code
requires all land to be platted prior to placing any structure on a parcel unless otherwise approved
by the City Council. The property owner requested and received approval to allow for the
reconstruction of the deck at the same size and same location without platting the property in
order to replace an existing deck that had fallen into disrepair.
Whaley Garage Variances – Approval was granted for a nine-foot setback variance and a
building height variance to allow for the construction of a 21-foot tall detached garage at 12724
Denmark Avenue that will be located 11 feet from the side property line.
Key 2 - Livable
Zoning Code Amendments
Animal Regulation Amendments – In late 2020, the City Council directed the Urban Affairs
Advisory Committee to revisit Chapter 91 of City Code that as it relates to the keeping of animals,
in particular chickens that are defined as farm poultry, on residential property. The Committee
met eight times, starting in February 2021.
A draft model ordinance was prepared for consideration. Best practice information was shared as
slides, printouts and links from the U of M Extension Service, practices from other cities and other
city ordinances. A public hearing was conducted on August 24, 2021, by Urban Affairs related to
keeping chickens and the form of draft ordinance to regulate that use. On August 4th, the Planning
Commission received an introduction and background about animal regulation amendments;
background sufficient to understand the months of work by Urban Affairs.
On August 4, the Planning Commission reviewed this item related to their knowledge and
experiences with zoning, lot size, setbacks, and homeowner associations. A public hearing was
conducted by the Planning Commission on October 20, to further discuss and present findings
related to the land use aspects. The Planning Commission were unanimously recommended not
to amend animal regulations.
Recommendations from the Urban Affairs Committee in support of allowing chickens and the
findings of the Planning Commission were forwarded to the City Council for their consideration.
The resulting action was not to amend the ordinance to allow the harboring of chickens on
properties other than Agricultural zoned properties.
Ordinance Amendments Related to Special Events, Temporary Signage, and Mobile Food
Units – Received approval of ordinance amendments regulating mobile food units operating on
property which is not owned by the City; primarily business property.
The ordinance amendments also increased the time a temporary sign is permitted in the City;
from no more than 10 days for each event and no more than 30 days in total per year to 45 days
per year and removed the requirement that the sign be tied to an event. This now 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.
Shoreland Overlay District – Three ordinance amendments to the "SH" (Shoreland Overlay)
zoning district were passed in 2021. They included:
Amending Chapter 155 (Zoning) by updating the " SH” zoning district to bring the City’s
ordinance into compliance with the State Shoreland Model Ordinance:
Amending the City’s zoning map by placing 11 properties abutting Keller Lake in the " SH"
zone; and
Amending Chapter 152 (Natural Resources) of the City Code by enacting the "SH" zoning
district requirements in compliance with the State Shoreland Model Ordinance.
Key 1 - Sustainable, Key 2 - Livable, Key 11 - Service
I T E M: 4.C.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:March 16, 2022
S E C T I O N:A nnual Business
Description:
P roclamation and Recognition of Service of Planning Commissioner Tim Burke
S taff Contact:
B ruce Nordquist, Community Development Director
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Recognize Planning Commissioner Tim Burke's leadership and volunteer service.
S UM M ARY:
T he C ity Council recently accepted the resignation of Tim Burke for his 24 years of service
as Planning Commission Chair, Vice-Chair and as an active Commissioner.
On T hursday, March 10th, a proclamation recognized Tim Burke's years of service,
leadership and experience that has allowed for the planning, development and growth of
Apple Valley since 1998.
On Wednesday, March 16th, the proclamation will also be shared at the Annual Meeting
scheduled for the Planning Commission.
Tim Burke is a 41 year resident and has been a valued Planning Commissioner for his years
of thoughtful leadership and service. He will be attending the March 16th Planning
Commission meeting.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Proclamation
CITY OF APPLE VALLEY
Proclamation
WHEREAS, Tim Burke and Sue purchased a home in Apple Valley in 1981, when the re were
21,818 people, and raised a family of 3 Eagle Scouts and Eastview graduates ; and
WHEREAS, Tim Burke by profession was an advertising account manager in Minneapolis and
pursuing a 36 year career when also “Blundetto-ed” to apply for and be appointed as a Planning
Commissioner in 1998; and
WHEREAS, Tim Burke has served as a Commissioner for 24 years, leading as Vice Chair in
support of the work of the Planning Commission and Chair Melander beginning in 2011 and as Chair
since 2021; and
WHEREAS, Tim Burke served Apple Valley by participating in the development of the 2020,
2030, and 2040 Comprehensive Plans that harnessed the aspirational imagination and dreams,
shared vision and often times complex puzzles related to solution based best practice development,
change, and revitalization of a now 53 year old community of 56,374 people; and
WHEREAS, an Apple Valley Planning Commissioner has a desirable skill set to ethically guide
and recommend zoning and subdivision requirements and site plan/building permit authorizations
by listening and learning from residents, staff and development partners; and
WHEREAS, over 24 years, there were 470 Planning Commission meetings and an estimated 55
annual average related actions to draw the conclusion that there were 1,300 actions recommended
to the City Council by Tim Burke as a Commissioner.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Apple Valley, Dakota County,
Minnesota, hereby recognizes:
Tim Burke
for his leadership and service over 24 years in considering plans and making and supporting
recommendations that allowed the City of Apple Valley to plan, develop and prosper.
PROCLAIMED this 10th day of March, 2022.
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:March 16, 2022
S E C T I O N:L and Use / Action I tems
Description:
P rojecting Sign Ordinance Amendment
S taff Contact:
A lex Sharpe, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
Applicant:
City of Apple Valley
P roject Number:
P C22-03-O
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
T hough it is the policy of the Planning C ommission not to act on an item the same night as its
introduction, staff believes the proposal can move forward if there are no adverse comments
received.
Recommend amending C hapter 154 of the C ity Ordinance to define "Projecting Signs" and
permitting projecting signs within the commercial, industrial, and institutional zoning
districts.
S UM M ARY:
A new business in the Orchard Place development applied for a sign permit this spring. Part
of their application materials included the plan for a "projecting sign" or one that projects
from the building face. T hese signs are typically small, pedestrian oriented, and found in
urban settings. T he sign face is often perpendicular to the building, but in some cases can
hang from an overhang above the pedestrian walkway and are intended for wayfinding and
placemaking more than advertisement. An example of a projecting sign is attached to this
report.
T he sign code is regulated by C hapter 154 of the C ity Ordinance, however, several planned
developments include their own sign regulations. T he C entral Village and Cobblestone
developments already permit this type of signage as they were developed with a pedestrian
focus, and at a later date. T he proposed code amendment would allow projecting signs in all
commercial, industrial, and institutional zoning districts. As sites redevelop a goal has been
to include pedestrian elements to each project. T hese signs would be another tool available
to developers for placemaking.
Ordinance A mendments to Chapter 154 do not require a public hearing as they are not
contained within the zoning ordinance.
B AC K G RO UND:
T he draft ordinance would regulate the size, location and number of projecting signs
permitted by a business. Staff has researched best practices and modeled this ordinance after
the American Planning Association's model sign code. T he C ity Attorney has reviewed the
ordinance and subtle text changes may occur prior to C ity Council review. A summary of the
ordinance is included below:
A single projecting sign is permitted per tenant
T he sign may project from the building face no more than 4'
T he total sign size shall be no more than 8 sq. ft.
T he sign must be within 10' of the front entrance
Signs shall not inhibit the pedestrian use of a sidewalk
Signs shall not extend into the public right-of-way or over public sidewalks (only
private sidewalks)
Review of the Planned D evelopment ordinances which already permit projecting signs has
found that the current text would benefit from the proposed ordinance. Ordinance review as
part of the creation of the proposed ordinance noted that many of the planned developments
refer to the sign code as "Chapter 6" which is a reference to the City's old code and is no
longer correct. Staff anticipates updating the planned developments to correct this former
reference, and will also refer to this new ordinance rather than contain development specific
language. T hese amendments will be brought forward in the near future.
B UD G E T I M PAC T:
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AT TAC HM E NT S :
Ordinance
Background Material
CITY OF APPLE VALLEY
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 154 OF THE CITY CODE REGULATING SIGNS BY
PERMITTING PROJECTING SIGNS WITHIN THE CITY
The City Council of Apple Valley ordains:
Section 1. Chapter 154 of the Apple Valley City Code is amended by adding to Section
154.02 the following definition to be alphabetized with the existing definitions and to read as
follows:
§ 154.02 DEFINITIONS.
PROJECTING SIGN. A double-sided sign that is either supported in a cantilever
fashion by a bracket, pole, or beam from the side of a building or hanging from the underside
of a roof or overhang so that the sign hangs over and positioned perpendicular to a pedestrian
walkway and viewable in both directions of the walkway. A projecting sign is also referred to
as a “blade sign.”
Section 2. Chapter 154 of the Apple Valley City Code is amended by revising Section
154.04(B)(1)(e)(3) to read as follows:
§ 154.04 SIGNS REQUIRING A PERMIT.
* * *
(B) Building signs; location on building.
(1) Building signs shall be affixed to buildings according to the following
requirements:
* * *
(e) Additional building or business identification signs are permitted
under the following conditions:
* * *
3. Additional signs are allowed on a side of a building which
abuts business or industrially zoned property or a public street, except where the side of the
building faces an adjacent public street which abuts residentially zoned property. The exception
in the prior sentence shall not apply to projecting signs installed in compliance with this chapter.
Additional signs shall not be installed on the same face of the building as the main entrance sign,
with the exception of projecting signs installed in compliance with this chapter.
* * *
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Section 3. Chapter 154 of the Apple Valley City Code is amended by revising Section
154.04(I) to read as follows:
§ 154.04 SIGNS REQUIRING A PERMIT.
* * *
(I) Other signs. The following additional signs are permitted under this section, subject
to the restrictions thereof.
(1) Projecting signs are permitted in commercial, industrial, and institutional
zoning districts upon the issuance of a permit from the city and in accordance with the following
requirements:
(a) Compliance with building sign requirements. Projecting signs are
subject to the building sign requirements in this Chapter. Where there is a conflict between the
requirements governing projecting signs and building signs, the requirements for projecting signs
shall control for projecting signs only.
(b) Number of projecting signs. A building tenant shall have no more
than one projecting sign attached outside the tenant’s space within building. Only one projecting
sign shall be permitted per entrance to the building. The projecting sign may be in addition to
other signage permitted by this Chapter.
(c) Attachment to building. Projecting signs attached directly to the
building façade shall be supported in a stationary position by a cantilevered structure without the
use of any guy wires, cables, angle irons, or turnbuckles. Projecting signs attached to the underside
of an overhang covering the pedestrian walkway shall be securely attached by metal anchors, bolts,
or expansion screws and hang by a metal pole or chain of sufficient gauge to hold the weight of
the sign. The only permissible attachment angle shall be 90 degrees from the building façade and
positioned perpendicular to a pedestrian walkway so to be viewable in both directions of the
walkway. The projecting sign shall be attached to the building within 10 feet of the tenant’s
entrance for the public from the exterior as measured along the building façade. The projecting
sign shall not extend more than four (4) feet from the building measured from the face of the wall
to which the sign is mounted to the farthest edge of the sign structure including any mounting
equipment. The sign shall not extend over a public right-of-way, a parking area, or a loading area.
A projecting sign hanging over a pedestrian walkway shall not conflict with the use of the walkway
and in no case shall the bottom edge of the sign structure, including mounting devises, less than 8
feet above grade of the walkway. The top edge of the sign shall not be taller than the roof line of
a single-story building, nor a windowsill of the second story of a multistory building. If multiple
projecting signs are attached to the same building, they shall be attached at the same height so to
present a uniform appearance.
(d) Sign size. A projecting sign structure (not copy area on sign),
excluding the mounting equipment, shall not exceed 8 square feet. The thickness of the sign shall
be no more than one (1) foot.
3
(2) Professionally manufactured banners, streamers and balloon 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 special promotions, sales or events.
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 sign 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 and will not be
permitted in any one location more than 30 days per calendar year. Such temporary signs shall
not include lit, portable, or handmade signs.
Section 4. 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 5. 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 6. 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 7. 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 ________, 2022.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
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CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 154 OF THE CITY CODE REGULATING SIGNS BY
PERMITTING PROJECTING SIGNS WITHIN THE CITY
The following is the official summary of Ordinance No. ____ passed by the City Council of Apple
Valley on _________________, 2022:
Chapter 154 of the City Code is revised to allow projecting signs on buildings in
commercial, industrial, and institutional zoning districts, subject to the regulations
established by this ordinance amendment.
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.
18 A
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Black
Black
CAKES • CUPCAKES • COFFEE
TREASURESTREASURES
5'-0"29"
21"33 "
9 "
5 1/2"
5'-4"
9'-2"
16'-0"
30"
8'-11 1/4"
4'-8 7/16"
14"
40"
Channel Led Letter remote
5'-4"
9'-2"
16'-0"
30"
8'-11 1/4"
4'-8 7/16"
14"
40"
CAKES • CUPCAKES • COFFEE
TREASURESTREASURES
5'-0"29"
21"33 "
9 "
5 1/2"
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I T E M: 7.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E:March 16, 2022
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, April 6, 2022 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, March 9, 2022.
Site plan, variance applications due by 9:00 a.m. on Wednesday, March 23, 2022.
Wednesday, April 20, 2022 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, March 23, 2022.
Site plan, variance applications due by 9:00 a.m. on Wednesday, April 6, 2022.
Next City Council Meetings:
T hursday, March 24, 2022 - 7:00 p.m.
T hursday, April 14, 2022 - 7:00 p.m.
B AC K G RO UND:
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B UD G E T I M PAC T:
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