HomeMy WebLinkAbout2023-10-18 Agenda Packet
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
October 18, 2023
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
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 September 20, 2023 Regular Meeting
B.Ordinance Amending Planned Development No. 703 - PC23-26-O
Set public hearing to consider ordinance amending Planned Development
No. 703 to fix clerical errors, dated citations, formatting and remove sand
and gravel operations.
4.Public Hearings
5.Land Use / Action Items
A.Wings Mortgage Sign Setback Variance
PET IT IO N ER: Wings Mortgage
LO C AT IO N: 15025 Glazier Ave.
B.Wings Credit Union Sign Height Variance
PET IT IO N ER: Wings Credit Union
LO C AT IO N: 14985 Glazier Ave.
6.Other Business
A.Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, November 15, 2023 - 7:00 p.m.
Planning Commission - Wednesday, December 6, 2023 - 7:00 p.m.
C ity Council - T hursday, October 26, 2023 - 7:00 p.m.
C ity Council - T hursday, November 9, 2023 - 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.applevalleymn.gov
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 :October 18, 2023
S E C T I O N:Consent A genda
Description:
A pprove Minutes of September 20, 2023 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 September 20, 2023.
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
September 20, 2023
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz
at 7:00 p.m.
Members Present: Jodi Kurtz, Paul Scanlan, David Schindler, Phil Mahowald, Becky
Sandahl and Jeff Prewitt
Member(s) Absent: Keith Diekmann
City staff members attending: Community Development Director Tim Benetti, Assistant City
Engineer Evan Acosta, City Attorney Sharon Hills, and
Department Assistant Breanna Vincent.
2. APPROVAL OF AGENDA
Chair Kurtz asked if there were any changes to the agenda. – None.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler,
approving the agenda. Roll call vote: Ayes - 6 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of August 16, 2023
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan,
approving the minutes of August 16, 2023. Roll call vote: Ayes - 6 – Nays –
0.
4. PUBLIC HEARING
None
5. LAND USE
A. City of Apple Valley Police Operations Building
Community Development Director Benetti provided a brief presentation.
Chair Kurtz asked if the south parking lot will still be open to the public.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
September 20, 2023
Page 2 of 3
CD Director Benetti stated that the parking will be secured by a gate with key card access
and will not be accessible by the public.
Chair Kurtz asked if the path off Footbridge will still be accessible by the public.
CD Director Benetti said the path will remain intact and there will be no obstructions.
Commissioner Sandahl asked if there were plans for this building and the new CMF
building to look similar.
CD Director Benetti advised that there is an intent to marry the look of the two sites. The
look and feel should match the CMF site.
Commissioner Scanlan asked if the blue banding around the building is for the police
department colors.
CD Director Benetti stated that the blue banding is in reference to the blue line
symbolism. It is very subtle and that was purposeful.
Commissioner Scanlan asked what the timeline for the project was.
Public Works Director Matt Saam stated that they are looking to have this project and
CMF done together starting around Spring 2024. The projects should take around 18-24
months to complete. The Police Operations Building may be finished quicker.
A resident who borders the SW corner of the site asked about the traffic expected on the
service road that runs along the west side of the site.
CD Director Benetti stated that the service lane will be primarily used for filling gas and
moving the police vehicles within the site. The main entry and exit point will be the key
card access gate.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to adopt
resolution finding proposed Capital Improvements to Police Fleet Storage Building
consistent with City’s 2040 Comprehensive Plan. Roll call vote: Ayes – 6 – Nays
– 0.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to
recommend approval of a variance to reduce drive aisle setback from 20’ to 5’. Roll
call vote: Ayes – 6 – Nays – 0.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to
recommend approval of a site plan review/building permit authorization for
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
September 20, 2023
Page 3 of 3
construction of a 25,000 sq. ft. police operations building for fleet storage and office
area. Roll call vote: Ayes – 6 – Nays – 0.
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, October 4, 2023,
7:00 p.m. The next City Council meeting is Thursday, September 28, 2023, 7:00 p.m.
7. ADJOURNMENT
Chair Kurtz asked for a motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, to adjourn
the meeting at 7:22 p.m. Roll call vote: Ayes – 6 – Nays – 0.
Respectfully submitted,
______________________________________
Breanna Vincent, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 10/18/2023 . Jodi Kurtz, Chair
I T E M: 3.B.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :October 18, 2023
S E C T I O N:Consent A genda
Description:
Ordinance A mending P lanned Development No. 703 - P C23-26-O
S taff Contact:
K athy Bodmer, A I C P, City Planner
Department / Division:
Community Development Department
Applicant:
City of Apple Valley
P roject Number:
P C23-26-O
Applicant Date: 60 Days: 120 Days:
AC T I O N RE Q UE S T E D:
Adopt resolution setting public hearing to consider minor text amendments to PD-703.
S UM M ARY:
T he Planning C ommission is requested to adopt the draft resolution setting a public hearing
for the November 15, 2023, meeting to receive comments regarding an ordinance amending
Planned Development No. 703. T he purpose of the ordinance amendment is to fix clerical
errors, dated citations, formatting, and to remove sand and gravel mining from the list of
permitted uses in the Cobblestone Lake area.
B AC K G RO UND:
Ordinance No. 703, adopted November 8, 2001, established Planned Development zoning
district N o. 703 for the C obblestone Lake area. Since that time, 20 ordinances have been
enacted to amend PD -703 to provide development standards for new developments within the
311-acre area. When PD-703 was established in 2001, the C ity used a different notation
system for the C ity C ode references. As a result, sections of the PD-703 provisions cite
previous cross-references which no longer apply to the current code. Staff have identified a
few minor typographical errors and dated citations that should be updated to current
standards. Staff proposes to streamline the end notes to the table at A28-5(B)(1). Last, since
the C obblestone Lake area is nearly fully developed, the provisions for sand and gravel
mining should be removed from the allowed and conditional uses.
Procedure for Ordinance Amendment Public Hearing: In order to amend the zoning code
text, the C ity must conduct a public hearing to receive comments from the public. Sect.
155.400(B) states that zoning code amendments may be initiated by the petition of the land
owner, by action of the Planning C ommission or by action of the City C ouncil.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Resolution
Ordinance
Ordinance
Map
CITY OF APPLE VALLEY
PLANNING COMMISSION RESOLUTION NO. 2023 -
A RESOLUTION SETTING A PUBLIC HEARING FOR ZONING AMENDMENTS
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has
adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses
throughout the City; and
WHEREAS, §§155.260 - 155.271 provide the procedure to establish Planned Development
Zoning Districts within the City; and
WHEREAS, Chapter 155 Zoning, Appendix F, establishes certain zoning and subdivision
requirements for the City Planned Developments; and
WHEREAS, Article 28 of Appendix F establishes the requirements for Planned
Development Zone No. 703 (PD-703); and
WHEREAS, the Apple Valley Planning Commission finds that current conditions warrant
the consideration of minor text amendments to the Planned Development No. 703; and
WHEREAS, Section 155.400 of the City Code of Ordinances provides for such procedure
to effect an amendment to the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Apple Valley, Dakota County, Minnesota, that a public hearing before the Apple Valley Planning
Commission be set for November 15, 2023, at 7:00 p.m. to consider amendments to Planned
Development No. 703.
ADOPTED this ____ day of ________, 2023.
__________________________________
Jodi Kurtz, Chair
NOTICE OF PUBLIC HEARING
PROPOSED AMENDMENTS TO THE ZONING ORDINANCE
IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Apple Valley,
Dakota County, Minnesota, will meet at the Municipal Center, 7100 W. 147th Street, on Wednesday,
November 15, 2023, at 7:00 p.m., or as soon thereafter as possible. The purpose of the meeting is to
hold a public hearing on proposed amendments to Chapter 155 – Appendix F: Planned Development
Designation by amending Article A28, Planned Development Designation No. 703, of the City Code
of Ordinances. The proposed amendments correct typographical incorrect or outdated references to
other Code sections, clarify and update the end notes of the Table of Minimum Area Standards and
Requirements and delete all provisions permitting and regulating sand and gravel mining operations
within the PD 703 designated area.
NOTICE IS FURTHER GIVEN that these proceedings are instituted by action of the Apple
Valley Planning Commission.
All interested parties will be given an opportunity to be heard at said time and place.
DATED this ____th day of October, 2023.
_____________________________________
Pamela J. Gackstetter, City Clerk
1
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED
DEVELOPMENT DESIGNATION NO. 703
The City Council of Apple Valley ordains:
Section 1. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is amended
by revising Section A28-1 to read as follows:
§ A28-1 PURPOSE.
The purpose of this article is to establish specific performance standards for Zone 6 in
compliance with § A1-46 (§§Sections 155.260 - 155.267) 155.271 for property designated by
Ordinance No. 804 703 on the official zoning map. The purpose of this planned development is to
provide for an integrated mix of low, medium and high-density residential uses, shopping center,
and retail business, limited business and institutional uses.
Section 2. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(C)(4) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(C) Zone 2A. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
(4) Home occupation as defined in A1-3 § 155.003.
* * *
Section 3. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(D)(4) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(D) Zone 3. Within this zone, no structure or land shall be used except for the one or more
of the following uses or uses deemed similar by the City Council:
2
* * *
(4) Home occupation as defined in A1-3 § 155.003.
* * *
Section 4. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(F) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(F) Zone 5. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
(1) Multiple-residential dwellings, provided they are served by public sanitary
sewer and water systems and provided no single structure contains in excess of 20 dwelling
units.
(2) Community based family care home, day care home, or such home for the
care of the mentally or physically handicapped licensed by the state.
(3) Public utility buildings and structures.
(4) Home occupation as defined in §155.003.
(5) Parks and playgrounds.
Section 5. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising the title provision of Section A28-2(G) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(G) Zoned 6. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
3
Section 6. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(G) (12) (i) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(G) Zone 6. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
(12) Class III restaurant with drive-through window service, subject to the
following conditions:
* * *
(i) The restaurant shall not serve foods that requires the installation of a
Type I ventilation hood, grease and smoke removing, as defined in the Uniform Mechanical Code.
* * *
Section 7. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising the endnotes to the Table in Section 28-5(B)(1) to read as follows:
§ A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
* * *
(B) The following minimum area standards and requirements shall be met and no
improvements shall be placed on such lands unless the lands to be used or improved shall meet the
following area and dimensional requirements.
(1) Table of Minimum Area Standards and Requirements.
* * *
Notes to Table of Minimum Area Standards and Requirements above:
* Building height shall be measured from elevation of the first floor to highest point of the roof.
The exposed foundation of any structure shall not exceed four feet.
** The width of a lot that abuts a street round-about shall be calculated by adding the as
followsing: (1) the lineal length of the lot that abuts the curve of the round-about, added to (2)
the shorter of the two lineal lengths of the lot that abut the street right-of-way on each side of the
lot line abutting the round-about curve.
a. The lineal length of the lot adjacent to the curve.
4
b. The shortest side of the lot immediately adjacent to the curve.
1. Zone 2:
a. The minimum lot area, side yard setback and front (street) setback requirements set
forth above for Zone 2 shall not apply in the Cobblestone Lake 5th and 6th Additions
and shall be as set forth in Section A28-5(G)(9) herein.
b. The minimum lot width set forth in Zone 2 shall not apply for Blocks 12 and 13,
Cobblestone Lake 3rd Addition, and Cobblestone Lake 6th and 9th Additions and
shall be as set forth in A28-5(G)(10) herein.
Note: The table of minimum area requirements and standards for Zones 4 through 7 will be
established at the time of formal approval of land use requests for the remaining portion(s) of the
Cobblestone Lake development.
Zone 8 shall comply with area requirements set forth in § A1-48 .
Note: The minimum lot area, side yard setback and front (street) setback requirements set forth
above for Zone 2 shall not apply in the Cobblestone Lake 5th and 6th Additions and shall be as
set forth in Section A28-5(G)(9) herein.
Note: The minimum lot width set forth in Zone 2 shall not apply for Blocks 12 and 13,
Cobblestone Lake 3rd Addition, and Cobblestone Lake 6th and 9th Additions and shall be as set
forth in A28-5(G)(10) herein.
* * *
Section 8. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-5(F)(1) to read as follows:
§ A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
* * *
(F) Signage. The following design elements shall be incorporated into all site plans. The
goal of these regulations is to assure ensure an overall harmonious theme will be created for all
areas within this planned development.
(1) Signage shall be in accordance with Chapter 6 Chapter 154 of the City Code of
Ordinances.
* * *
Section 9. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Sections A28-2(I) and A28-3(H) to read as follows:
5
§ A28-2 PERMITTED USES.
(I) Zone 8. Reserved. Within this zone, no structure or land shall be used except for one
or more of the following uses or uses deemed similar by the City Council:
(1) Any use as permitted under § 155.288.
§ A28-3 CONDITIONAL USES.
(H) Zone 8. Reserved. Within this zone, no structure or land shall be used for the
following use or uses deemed similar by the City Council except through the granting of a
conditional use permit:
(1) The excavation, hauling, mining, and stockpiling of sand and gravel and such
buildings and equipment as are customarily incidental thereto, subject to all applicable
conditions set forth in § 155.285 through § 155.293 and § 155.999.
(2) Asphalt plant, subject to all applicable conditions set forth in § 155.285 through
§ 155.293 and § 155.999.
Section 10. 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 summary will clearly inform the public of the intent
and effect of the ordinance.
Section 11. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
Section 12. 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 13. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
PASSED by the City Council this ___ day of ____, 2023.
_________________________________
Clint Hooppaw, Mayor
ATTEST:
________________________________
6
Pamela J. Gackstetter, City Clerk
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED
DEVELOPMENT DESIGNATION NO. 703
The following is the official summary of Ordinance No. ____ approved by the City Council
of Apple Valley on ______, 2023:
Chapter 155 of the City Code is amended by revising select sections of Appendix F,
Article A28, governing Planned Development No. 703, to correct typographical
errors, incorrect or outdated references to other Code sections, clarifying and
updating the endnotes for the Table of Minimum Area Standards and Requirements,
and to delete all provisions permitting and regulating sand and gravel mining
operations within the PD 703 designated area.
A printed copy of the ordinance is available for inspection by any person during regular office hours
at the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street, Apple
Valley, Minnesota 55124.
1
CITY OF APPLE VALLEY
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED
DEVELOPMENT DESIGNATION NO. 703
The City Council of Apple Valley ordains:
Section 1. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is amended
by revising Section A28-1 to read as follows:
§ A28-1 PURPOSE.
The purpose of this article is to establish specific performance standards in compliance
with Sections 155.260 - 155.271 for property designated by Ordinance No. 703 on the official
zoning map. The purpose of this planned development is to provide for an integrated mix of low,
medium and high-density residential uses, shopping center, retail business, limited business and
institutional uses.
Section 2. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(C)(4) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(C) Zone 2A. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
(4) Home occupation as defined in § 155.003.
* * *
Section 3. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(D)(4) to read as follows:
§ A28-2 PERMITTED USES.
* * *
2
(D) Zone 3. Within this zone, no structure or land shall be used except for the one or more
of the following uses or uses deemed similar by the City Council:
* * *
(4) Home occupation as defined in § 155.003.
* * *
Section 4. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(F) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(F) Zone 5. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
Section 5. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising the title provision of Section A28-2(G) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(G) Zone 6. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
Section 6. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-2(G) (12) (i) to read as follows:
§ A28-2 PERMITTED USES.
* * *
(G) Zone 6. Within this zone, no structure or land shall be used except for one or more of
the following uses or uses deemed similar by the City Council:
* * *
3
(12) Class III restaurant with drive-through window service, subject to the
following conditions:
* * *
(i) The restaurant shall not serve foods that require the installation of a Type
I ventilation hood, grease and smoke removing, as defined in the Uniform Mechanical Code.
* * *
Section 7. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising the endnotes to the Table in Section 28-5(B)(1) to read as follows:
§ A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
* * *
(B) The following minimum area standards and requirements shall be met and no
improvements shall be placed on such lands unless the lands to be used or improved shall meet the
following area and dimensional requirements.
(1) Table of Minimum Area Standards and Requirements.
* * *
Notes to Table of Minimum Area Standards and Requirements above:
* Building height shall be measured from elevation of the first floor to highest point of the roof.
The exposed foundation of any structure shall not exceed four feet.
** The width of a lot that abuts a street round-about shall be calculated as follows: (1) the lineal
length of the lot that abuts the curve of the round-about, added to (2) the shorter of the two lineal
lengths of the lot that abut the street right-of-way on each side of the lot line abutting the round-
about curve.
1. Zone 2:
a. The minimum lot area, side yard setback and front (street) setback requirements set
forth above for Zone 2 shall not apply in the Cobblestone Lake 5th and 6th Additions
and shall be as set forth in Section A28-5(G)(9) herein.
b. The minimum lot width set forth in Zone 2 shall not apply for Blocks 12 and 13,
Cobblestone Lake 3rd Addition, and Cobblestone Lake 6th and 9th Additions and
shall be as set forth in A28-5(G)(10) herein.
4
* * *
Section 8. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Section A28-5(F)(1) to read as follows:
§ A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS.
* * *
(F) Signage. The following design elements shall be incorporated into all site plans. The
goal of these regulations is to ensure an overall harmonious theme will be created for all areas
within this planned development.
(1) Signage shall be in accordance with Chapter 154 of the City Code of
Ordinances.
* * *
Section 9. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby
amended by revising Sections A28-2(I) and A28-3(H) to read as follows:
§ A28-2 PERMITTED USES.
(I) Zone 8. Reserved.
§ A28-3 CONDITIONAL USES.
(H) Zone 8. Reserved.
Section 10. 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 summary will clearly inform the public of the intent
and effect of the ordinance.
Section 11. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
5
Section 12. 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 13. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
PASSED by the City Council this ___ day of ____, 2023.
________________________________
Clint Hooppaw, Mayor
ATTEST:
________________________________
Pamela J. Gackstetter, City Clerk
6
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155-
APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED
DEVELOPMENT DESIGNATION NO. 703
The following is the official summary of Ordinance No. ____ approved by the City Council
of Apple Valley on ______, 2023:
Chapter 155 of the City Code is amended by revising select sections of Appendix F,
Article A28, governing Planned Development No. 703, to correct typographical
errors, incorrect or outdated references to other Code sections, clarifying and
updating the endnotes for the Table of Minimum Area Standards and Requirements,
and to delete all provisions permitting and regulating sand and gravel mining
operations within the PD 703 designated area.
A printed copy of the ordinance is available for inspection by any person during regular office hours
at the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street, Apple
Valley, Minnesota 55124.
SITE
140TH ST W
150TH ST W
157TH ST W
PILOT KNOB RD
160TH ST W
FLAGSTAFF AVE
144TH ST W
1 4 7 T H S T W
FOLIAGE AVE
GALAXIE AVE
D O D D B L V D
JOHNNY CAKE RIDGE RD
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BRYPATH
145TH ST W
FINCHAVE
142ND ST W
146TH ST W
152ND ST W
EVEREST AVE
D U B L INR D
EC H O WAY
FJORD
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151ST ST W
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A
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ESSEXTRL
14 2 N D P A T H W
1 37THST W
ESSEXAVE
DIAMOND PATH
F L A G S T O N E TRL
FLORENCE TR L
FIND L A Y A V E DULUTH D R139THSTW
EASTERAVE
FAIRLAWN AVE
D
U
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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 :October 18, 2023
S E C T I O N:L and Use / Action I tems
Description:
W ings Mortgage S ign S etback Variance
S taff Contact:
A lex Sharpe, A I C P, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
Applicant:
W ings Morgage
P roject Number:
P C23-29-V
Applicant Date: 10/3/2023 60 Days: 12/2/2023 120 Days: 1/31/2024
AC T I O N RE Q UE S T E D:
It is the policy of the Planning C ommission to not take action the evening an item is
introduced, however, if the Planning C ommission concurs, staff recommends the following
action:
1. Recommend approval of a 7' sign setback variance at 15025 G lazier Ave, Wings
Mortgage, subject to conditions in the draft resolution.
S UM M ARY:
Wings Mortgage has applied for a 7' sign setback variance at their Wings Mortgage facility at
15025 Glazier Ave. In 2016, Wings purchased the building (formerly C ommons II) and began
major renovations to the building and the site. T he improvements included a complete
renovation of the interior, reduction of unused parking field and replacement with green
space, and the enclosed walkway connecting the primary Wings space with the new mortgage
building.
An item that remained was the existing monument sign along Glazier Ave, which was
installed in the 1980s. Wings has recently undergone a brand change and is in the process of
refacing and reconstructing signage at all their locations. When evaluating the existing sign,
Wings found that it was in poor condition and did not meet their aesthetic due to the exposed
cinderblock base.
T he existing sign is setback 6' from the the property line where a 13' setback is required. T he
City does not have permit records from the original sign. Ordinance would allow the
applicant to install a new sign on the existing base, but due to the condition and quality,
Wings is seeking to remove the existing sign entirely. T he ordinance requires that a new sign
meet requirements when a sign is removed in its entirety.
B AC K G RO UND:
Comprehensiv e Guiding and Zoning
T he site is guided for commercial uses and is zoned "PD-290 Zone 3" which is one of the
City's first planned developments. Typically a variance is not permitted within a planned
development, but the zone specifically defers the regulation of signs to the general sign code
in Chapter 154 and as such variances are permitted.
Existing v s. P roposed Sign
T he proposed sign is 40 sq. ft. and is dual faced. T he current sign is approximately 45 sq. ft.
and is V shaped. T he underlying zoning for the area is Limited Business, which allows
monument signs up to 60 sq. ft. for multi-tenant buildings.
P rov isions for a Variance
As stated, C hapter 154 of the C ity Ordinance regulates the sign code, including variance
provisions. Sign variances are not required to meet the state standards for a "practical
difficulty" like those in the Zoning Ordinance. Instead, the ordinance requires that the
following provisions be utilized to determine whether a variance could be granted:
Variance: C onditions to granting. No variance shall be granted unless the Council shall find
that either condition (a) or (b) hereinafter set forth exists:
(1) All of the following requirements must be met:
(a) Special conditions exist which are peculiar to the land, structure, building involved
and which are not applicable to other lands, structures or buildings in the same district;
(b ) T he special conditions and circumstances do not result from the actions of the
applicant;
(c ) A literal interpretation of the provisions of these regulations would deprive the
applicant of rights commonly enjoyed by other properties in the same district and the
terms of these sign regulations;
(d) T hat granting the variance requested would not confer on the applicant any special
privilege for a use not common to other lands, structures or buildings in the same
district; and
(e ) T he proposed use of the property shall have an appearance that will not have an
adverse effect upon adjacent properties and there will be no deterrence to development
of vacant land.
(2) Any proposed signage beyond the maximum square footage permitted would have the
primary function of providing a public service.
T he Planning C ommission, C ouncil, and staff must utilize these criteria when evaluating a
sign variance applications.
If the Commission concurs, staff has compiled the following draft findings for the
Commission to consider:
Special conditions exist, the sign was installed many years ago in a location that does
not meet setback requirements. To staff's knowledge, Glazier Ave has not been
realigned or expanded the RO W since installation. Meeting the ordinance would be
difficult and require the sign to be either relocated, or significant alteration of grades
and the parking lot, removing at least one parking stall.
T he special circumstances are not from actions created by the applicant. T he sign was
installed prior to the applicant's ownership, the location is not located within an
easement, and the adverse site conditions required to move the sign to a complaint
location were not created by the applicant.
T he literal interpretation of the ordinance would deprive the application rights
commonly enjoyed by other properties in the same district. Most of the monument signs
within PD-290 do not meet the required 13' setback. Other non-compliant signs in the
district include Henry W. Anderson Mortuary, Fit A cademy, Mid Country Bank, Apple
Valley Square, Apple Valley Office C enter, Apple Valley Family Dentistry and
Commons I.
Granting of the variance would not confer special privilege to the applicant. As stated,
most of the free-standing signs within PD-290 do not meet the required 13' setback
requirement. In 2018 the City approved a sign setback variance for AmericInn and Old
Chicago, which is adjacent to this site. A best practice is to amend ordinance when a
variance is commonly granted to a specific provision. However, in this instance the sign
ordinance regulates the entire C ity and is not specific to PD-290. If PD-290 were
amended it would be inconsistent with other zones may have other unforeseen adverse
affects.
T he proposed use of the property shall have an appearance that will not have an
adverse effect upon adjacent properties. T he proposed sign is in the same location as
the existing sign, does not impact sightlines and is the same size as the existing sign.
Due to the age of the existing sign and materials, the applicant has stated their proposed
sign is an improvement to the existing conditions.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Area Map
Site P lan
Applicant L etter
Resolution
147TH ST W
150TH ST W
GARRETT AVE
GLAZIER AVE
151ST S T W
UPPER 146TH ST W
GLEASON PATH
GARDENIA AVE
GARRETT AVE
GLAZIER AVE
150 TH ST W
151ST ST W
SITE
Wings Mortgage15025 Glazier AveSign Setback Variance
¯
^
0 100 200 300 Feet
Chris Clark
Wings Financial
Apple Valley, MN
09-22-2023
Scale: NTS
WF_AV_IMP_V1A.ai
illuminated monument
signage
Customer
Location
Description
Sales Person
Date
Scale
File / Rev
This is a proprietary design of Leroy
Signs, Inc., designed specifically for this
project. It is illegal and unethical to
distribute to any other entity for copy or
use. This design cannot be used without
the written consent of Leroy Signs, Inc.
6325 WELCOME AVE, N.
MINNEAPOLIS, MN 55429
Phone: 763-535-0080
ww.leroysigns.com
PRIMARY ELECTRICAL POWER TO SIGN
TO BE BY OTHERS. ALL POWER TO BE
120 VOLT UNLESS OTHERWISE STATED
SIGN MUST BE GROUNDED IN COMPLIANCE WITH
ARTICLE 600 OF THE NATIONAL ELECTRIC CODE
ELECTRICAL TO USE
U.L. LISTED COMPONENTS
AND SHALL MEET ALL
N.E.C. STANDARDS
OPTION: A
INTERNALLY ILLUMINATED MONUMENT SIGN LOCATION
CITY OF APPLE VALLEY
RESOLUTION NO. 2023 -
A RESOLUTION APPROVING A 7 FOOT SETBACK VARIANCE, AND AN OFF-PREMISE
SIGN VARIANCE TO CONSTRUCT A GROUND SIGN
AND ATTACHING CONDITIONS THERETO
WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted,
as Title XV of the City Code of Ordinances, which includes sign regulations to control signage
throughout the City; and
WHEREAS, pursuant to the City’s said regulations, a “variance” is an exception granted by
the City Council from the literal provisions of the sign regulations whan all the sigh variance
factors are met as set forth in Chapter 154; and
WHEREAS, an application for a variance, (“PROJECT”), was submitted by Wings
Mortgage, the property owner and applicant for property located at 15025 Glazier Ave and legally
described as Lot 1, Block 1, Apple Valley Commons 2nd Addition (“PREMISES”); and
WHEREAS, City Code §154. Appendix D sets the setback for a ground sign as 13 feet;
the PROJECT requests a variance to allow a sign to encroach 7 feet into the setback; and
WHEREAS, the Apple Valley Planning Commission reviewed the PROJECT at its public
meeting on October 18, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple
Valley, Dakota County, Minnesota, that the City Council finds that the applicant established that
the following requirements for a variance from City Code §154.07 exist on the property in
accordance with the City’s zoning regulations:
1. Special conditions exist, the sign was installed many years ago in a location that does not
meet setback requirements. Glazier Ave has not been realigned or expanded the ROW since
installation. Meeting the ordinance would require the sign to be either relocated, or
significant alteration of grades and the parking lot, removing at least one parking stall.
2. The special circumstances are not from actions created by the applicant. the sign was installed
prior to the applicant's ownership, the location is not located within an easement, and the
adverse site conditions required to move the sign to a complaint location were not created by
the applicant.
3. The literal interpretation of the ordinance would deprive the application rights commonly
enjoyed by other properties in the same district. Most of the monument signs within PD-290
d not meet the required 13' setback. Other non-compliant signs in the district include Henry
W. Anderson Mortuary, Fit Academy, Mid Country Bank, Apple Square, Apple Valley
Office Center, Apple Valley Family Dentistry and Commons I.
2
4. Granting of the variance would not confer special privilege to the applicant. As stated, most
of the free-standing signs within PD-290 do not meet the required 13' setback requirement.
In 2018 the City approved a sign setback variance for AmericInn and Old Chicago, which is
adjacent to this site. A best practice is to amend ordinance when a variance is commonly
granted to a specific provision. However, in this instance the sign ordinance regulates the
entire city and is not specific to PD-290. If PD-290 were amended it would be inconsistent
with other zones may have other unforeseen adverse affects.
5. The proposed use of the property shall have an appearance that will not have an adverse
effect upon adjacent properties. The proposed sign is in the same location as the existing
sign, does not impact sightlines and is the same size as the existing sign. Due to the age of
the existing sign and materials the applicant has stated their proposed sign is an improvement
to the existing conditions.
BE IF FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota
County, Minnesota, that a 7 foot variance to required setback is hereby approved, subject to all
applicable City Codes and standards, and the following conditions:
1. If the sign permit fee is not paid and not issued or within one (1) year of the date of
approval, the variance approval shall lapse.
2. Prior to issuance of the sign permit, the resolution approving the variance shall be
recorded with Dakota County.
3. A private utility locate shall be completed and a site plan or survey depicting the located
private utilities and proposed sign location shall be submitted with the sign permit
application. No sign permit will be issued unless and until a private utility locate is
completed and the site plan/survey is provided to the City.
4. Installation shall be generally consistent with the sign plan dated 9/22/2023, on file at
city offices.
5. The sign plan shall be generally consistent with the elevation drawing dated 6/22/2023,
on files at city offices.
6. A separate electrical permit is required for any electrical work. A permit must be issued
prior to any electrical work.
7. A footing inspection is required prior to erecting the sign.
BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of
the construction plans with the Minnesota State Building Code, as determined by the Apple Valley
Building Official, and with the Minnesota State Fire Code, as determined by the Apple Valley Fire
Marshal.
ADOPTED this DATE,
3
__________________________________
Clint Hooppaw, Mayor
ATTEST:
___________________________________
Pamela J. Gackstetter, City Clerk
CERTIFICATE
I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy
of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota,
on the ____ day of ___________, 2023.
________________________________
Pamela J. Gackstetter, City Clerk
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 :October 18, 2023
S E C T I O N:L and Use / Action I tems
Description:
W ings Credit Union Sign Height Variance
S taff Contact:
A lex Sharpe, A I C P, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
Applicant:
W ings Credit Union
P roject Number:
P C23-28V
Applicant Date: 10/3/2023 60 Days: 12/2/2023 120 Days: 1/31/2024
AC T I O N RE Q UE S T E D:
It is the policy of the Planning C ommission to not take action the evening an item is
introduced. If the C ommission concurs, staff recommends that the Planning C ommission (1)
receive the staff report, public comments, if any, and petitioner ’s presented information; (2)
discuss the petitioner’s application; and (3) continue the item for action at the next available
Planning C ommission meeting.
S UM M ARY:
Wings Credit Union at 14985 Glazier Ave has applied for a 12' sign height variance. Wings
has recently rebranded and has replaced signage at all of their locations. T his location is
Wings headquarters and as such they are seeking a prominent sign at their primary campus.
T he site is zoned "PD-290" and the underlying zoning is Limited Business. T he sign
ordinance allows Limited Business zones to have monument signs at a total height of 8'.
T he C ity has not issued any permits for signs which exceed 8' in height within the district and
there are no signs at 20' in height, which is proposed.
T he location of the proposed sign is also in question due to submitted site plans not placing
the sign in the same location. Additionally, Wings has been working closely with City
Engineering staff as the alignment of 147th St. is proposed to be altered in 2024 for a
roundabout. T his alteration will affect the sign location and potential setbacks. At this time, it
is premature to determine a final design for the roadway and as such a location for this sign.
B AC K G RO UND:
Comprehensiv e Guiding and Zoning
T he site is guided for commercial uses and is zoned "PD-290 Zone 3" which is one of the
City's first planned developments. Typically a variance is not permitted within a planned
development, but the zone specifically defers the regulation of signs to the general sign code
in Chapter 154 and as such variances are permitted.
PD-290 Zone 3 was created specifically created for large office users, Wings, C ommons I
and C ommons II. T hese buildings are some of the tallest in the community and are prominent
along the major roadways of C edar Ave and C SA H 42. T he sign ordinance allows for
significant building signage on the upper story faces of these structures. Monument signs are
permitted to be 8' in height and pylon signs at 24' tall. Monument signs are permitted along
lower speed and volume roadways whereas pylon signs are typically allowed along major
roadways and retail corridors. Zone 3, the area where the site is located, is circled by 147th
St. and Glazier Ave. Both roadways have a speed limit at 30 mph and are lower volume. In
comparison, major roadways such as C edar Ave, C SA H 42, Pilot Knob, etc. are a minimum
of 45 mph, have a significantly greater right-of-way width and are higher volume and are
typically where the larger pylon signs are permitted.
Existing v s. P roposed Sign
T he proposed sign is 40 sq. ft. and is dual faced. T he current sign is approximately 45 sq. ft.
and is V shaped. T he underlying zoning for the area is Limited Business, which allows
monument signs up to 60 sq. ft. for multi-tenant buildings.
P rov isions for a Variance
As stated, C hapter 154 of the C ity Ordinance regulates the sign code, including variance
provisions. Sign variances are not required to meet the state standards for a "practical
difficulty" like those in the Zoning Ordinance. Instead, the ordinance requires that the
following provisions be utilized to determine whether a variance could be granted:
Variance: C onditions to granting. No variance shall be granted unless the Council shall find
that either condition (a) or (b) hereinafter set forth exists:
(1) All of the following requirements must be met:
(a) Special conditions exist which are peculiar to the land, structure, building involved
and which are not applicable to other lands, structures or buildings in the same district;
(b) T he special conditions and circumstances do not result from the actions of the
applicant;
(c) A literal interpretation of the provisions of these regulations would deprive the
applicant of rights commonly enjoyed by other properties in the same district and the
terms of these sign regulations;
(d) T hat granting the variance requested would not confer on the applicant any special
privilege for a use not common to other lands, structures or buildings in the same
district; and
(e) T he proposed use of the property shall have an appearance that will not have an
adverse effect upon adjacent properties and there will be no deterrence to development
of vacant land.
(2) A ny proposed signage beyond the maximum square footage permitted would have the
primary function of providing a public service.
T he Planning C ommission, C ouncil, and staff must utilize these criteria when evaluating a
sign variance applications.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Area Map
Elevations
Plan S et
147TH ST W
150TH ST W
CEDAR AVE
GLAZIER AVE
GLENDA DR
GARRETT AVE
CEDAR AVE
GLAZIER AVE
150 TH ST W
GARRETT AVE
SITE
Wings Credit Union14985 Glazier AveSign Height Variance
¯
^
0 100 200 300 Feet
Chris Clark
Wings Financial
Apple Valley, MN
08-18-2023
Scale: 3/16” = 1’
WNGS_AV1_PS_V1A.ai
freestanding monument
sign
Customer
Location
Description
Sales Person
Date
Scale
File / Rev
IMPORTANT NOTICE:
This is a proprietary design of Leroy
Signs, Inc., designed specifically for this
project. It is illegal and unethical to
distribute to any other entity for copy or
use. This design cannot be used without
the written consent of Leroy Signs, Inc.
6325 WELCOME AVE, N.
MINNEAPOLIS, MN 55429
Phone: 763-535-0080
ww.leroysigns.com
PRIMARY ELECTRICAL POWER TO SIGN
TO BE BY OTHERS. ALL POWER TO BE
120 VOLT UNLESS OTHERWISE STATED
SIGN MUST BE GROUNDED IN COMPLIANCE WITH
ARTICLE 600 OF THE NATIONAL ELECTRIC CODE
ELECTRICAL TO USE
U.L. LISTED COMPONENTS
AND SHALL MEET ALL
N.E.C. STANDARDS
REPLACE EXISTING MONUMENT WITH PROPOSED NEW LED BACKLIT PUSH THRU ACRYLIC SIGN
FRONT VIEWSIDE VIEW
7328 WHITE 1/2” THICK ACRYLIC (LETTERS, LOGO)
PMS 287C (CABINET)
routed push thru LED backlit copy
decorative slats
open air flow
aluminum base
grade
full color EMC
TOP
ELECTRICAL REQUIREMENTS:
1 QTY 120 VOLT 20 AMP CIRCUIT
sign area = 80 sq ft
Existing Sign
Proposed Sign
20'-0"
3'-0"
3'-0"
3'
-
5
"
6"
7'-11"
10'-0"
5'-0"
Chris Clark
Wings Financial
Apple Valley, MN
09-26-2023
Scale: NTS
WNGS_AV1_SLM_V1A.ai
freestanding monument
sign
Customer
Location
Description
Sales Person
Date
Scale
File / Rev
IMPORTANT NOTICE:
This is a proprietary design of Leroy
Signs, Inc., designed specifically for this
project. It is illegal and unethical to
distribute to any other entity for copy or
use. This design cannot be used without
the written consent of Leroy Signs, Inc.
6325 WELCOME AVE, N.
MINNEAPOLIS, MN 55429
Phone: 763-535-0080
ww.leroysigns.com
PRIMARY ELECTRICAL POWER TO SIGN
TO BE BY OTHERS. ALL POWER TO BE
120 VOLT UNLESS OTHERWISE STATED
SIGN MUST BE GROUNDED IN COMPLIANCE WITH
ARTICLE 600 OF THE NATIONAL ELECTRIC CODE
ELECTRICAL TO USE
U.L. LISTED COMPONENTS
AND SHALL MEET ALL
N.E.C. STANDARDS
PROPOSED PYLON SIGN SITE PLAN
AV-1
15'
-
0
"
15'-0"
SIGN LOCATION
15’ set back from property line
ENLARGED DETAIL
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 :October 18, 2023
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, November 15, 2023 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, October 18, 2023.
Site plan, variance applications due by 9:00 a.m. on Wednesday, November 1, 2023.
Wednesday, December 6, 2023 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, November 8 2023.
Site plan, variance applications due by 9:00 a.m. on Wednesday, November 22, 2023.
Next City Council Meetings:
T hursday, October 26, 2023 - 7:00 p.m.
T hursday, November 9, 2023 - 7:00 p.m.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A