Planning Commission Meeting - March 4, 2026

1. CALL TO ORDER 1:00 2. APPROVE AGENDA 1:09 3. CONSENT AGENDA 2:13 4A. NOMINATE AND APPROVE OFFICERS 3:00 4B. APPROVE 2025 PLANNING COMMISSION ANNUAL REPORT 11:35 5A. NIEMANN ACE HARDWARE 5:48 6B. REVIEW OF UPCOMING SCHEDULE AND OTHER UPDATES 32:04 7. ADJOURN

[0:32] Unknown Speaker: Hey, hey, hey. [1:01] Chair Kurtz: Good evening and uh welcome. We call the Apple Valley Planning Commission meeting to order for March 4th, 2024. First item on the agenda is um approval of the agenda. Is there any changes from staff? [1:17] Tim Bennett: Uh, Mr. Chair, uh, good evening, commissioners. Uh, just a suggestion if we could take the number 4B, the approval of the commission's annual report, move that to the bottom. Uh, I have a very quick uh overview of a PowerPoint presentation. I'd just like to highlight some of the the key issues that we have in our our report and felt that was just easier to put that at the end of the meeting as a recap if you if you wish. [1:43] Chair Kurtz: Okay. So, we'll I'll we will uh keep that with um Okay, we'll take care of that at that time. Any changes from the um commissioners? [1:56] Commissioner Schindler: Move approval. [1:59] Commissioner Hollis: Second. [1:59] Chair Kurtz: Um moved by Commissioner Schindler and uh seconded by Commissioner Hollis. All in favor indicate by saying I oppose nay. I I that's complete. moves forward. Next item is the consent agenda. Um which consent agendum items are considered routine and will be enacted with a single motion without discussion unless a request is made to consider any items um separately. It will then be moved to the regular agenda for consideration. Can I have a motion? [2:39] Commissioner Schindler: Move approval. [2:39] Commissioner Hollis: and second. [2:39] Chair Kurtz: Um moved by Commissioner Schindler and seconded by Commissioner Hollis. All in favor indicate by saying I. Oppose. Name. I I that moves forward. Next item on the agenda is the annual business meeting for the uh planning commissioner. And uh what we'll do is there's four excuse me three items to um cons for consideration chair, vice chair, and secretary. And we'll do each one of these um individually. Um and we'll start with the uh chair position. Um, I uh nominate uh current chair Kurtz for the position. [3:34] Commissioner Schindler: Second. [3:34] Chair Kurtz: Okay. Um that was u moved by Commissioner Schindler and seconded by Commissioner Sandell. All in uh favor indicate by saying I or oppose nay. I I Okay, that's complete. Uh the next item up is for vice chair. [3:51] Commissioner Schindler: I will um I'm going to nominate myself for the vice chair position. [4:07] Commissioner Mahal: Second. [4:07] Chair Kurtz: Um that was um moved by Commissioner Schindler and seconded by Commissioner Mahal. Um yes. Okay. Thank you. Is there any other nominations? No. Okay. Could I just I get a re um um motion on that. Please make a motion on that. Yeah. Okay. Okay. That was um moved by uh Commissioner Hollis and seconded by Commissioner Sandell. All in favor indicate by saying I oppose. Name. I. That moves forward. And then the third item we have is the secretary position. I nominate Commissioner Schindler for that. [5:03] Commissioner Hollis: A motion that is there any other? That's right. There isn't. Okay. Motion by Commissioner Hollis. [5:15] Commissioner Sandell: Second. [5:15] Chair Kurtz: And I could I have a second. Okay. And that was seconded by Commissioner um Sendell. Um all in favor into by saying I opposed name I. All right that carries. And just as a quick note just want to congratulate um our chair Kurtz um Secretary Schindler and Commissioner Hles for being appointed for another three years here. So um it's appreciated for your service. So thank you. Okay. The first item next up is a public hearing. I'll open the public hearing. We'll now open the public hearing for agenda item 5A. The affidavit of publication for the notice of public hearing is available for inspection in the planning department. Anybody wishing to speak at the public hearing should be um sure to fill out the attendance roster. Include your name and address so that attendance records can be maintained. We'll begin the proceedings with a brief presentation by staff. After that, comments will be taken by the general pro public. and we have um Carter Hayes. [6:36] Carter Hayes: All right. Thank you. Good evening, Mr. Chair and members of the commission. Uh so the item before you tonight is a conditional use permit request for outdoor display and sales at Neiman Ace Hardware. Uh so this evening staff is requesting that the planning commission open the public hearing, which we've already done, receive public comment and close the public hearing. Uh as standard practice, the commission does not usually take action the same night as the hearing. However, there's no outstanding comments and the commission does concur. Uh staff recommends approval of the casual use permit with the attached conditions. Uh so the applicant is requesting approval for a temporary outdoor display and sales area from April 1st through July 31st annually. Uh the purpose uh is to construct a 630 foot uh temporary greenhouse. That is the Polytex garden mart you see on screen. Um and that would accommodate their seasonal plant and garden sales. Uh so the site location is at 14760 Penock Avenue. Uh this would be the uh southeast corner of Penock and 147th Street West. This site is zoned RB uh where uh outdoor display and sales is a conditional use there. Uh so the site plan uh displays um the outdoor display area would occupy eight parking spaces on the east side of the parking lot. Uh the area would be delineated by a temporary cedar split rail fencing. Um so all the items and products would be contained within that fenced area uh indicated on the site plan there. Uh some conditions that staff has prepared. I'm not going to read these in their entirety. Uh but in uh as a whole, they're intended to ensure that the outdoor display area uh remains seasonal in its nature, orderly in appearance, and consistent with our safety and sight circulation standards. Uh so following the public hearing um and provided there's no uh other outstanding concerns, staff recommends approval of the conditional use permit for the outdoor display and sales area subject to the attached uh conditions. I can stand for any questions from the commission or if there's any questions directly for the applicant. We do have a representative from Ace Hardware uh in attendance. So, [8:48] Chair Kurtz: commissioners, I was just going to mention this is similar what we've already done with um on a seasonal basis with Home Depot, but in a smaller scale. [9:09] Carter Hayes: Yeah, Mr. Chair, that's correct. um the Home Depot and maybe a couple other Menards. Maybe they're larger in scale. They have they almost have it built in on their site. They kind of keep them within their masonary rod iron fencing area. So, this would be kind of at a smaller scale and a bit more temporary. So, [9:26] Chair Kurtz: okay. Would the applicant like to come up and add anything or provide some comments? Okay. All right. Does any of the commissioners have applicants? Okay. Well, with that and we have no um public uh audience tonight to for comment. So, with that, I'm going to move to close the um public hearing. If there is no further comments, I will close the public hearing. It is it is the policy of the planning commissioner not to act on an item on the same night as the public hearing as the planning commissioner will weigh all comments and information relative um received um tonight in its deliberation in further meetings. This item will continue to appear on the planning commission agenda until a recommendation on the petition can be forwarded to city council. With that said, um there doesn't seem to be any concern or what have you, and this is something we've done in the past that um I'll entertain a um motion for approval. [10:42] Commissioner Schindler: Mr. Chair, I move we recommend approval of the conditional use permit for a Neman Ace Hardware outdoor display and sales area and attaching conditions as outlined in the staff report. [10:56] Commissioner Hollis: I'll second that. [11:05] Chair Kurtz: That was moved by uh Commissioner Schindler and uh seconded by Commissioner Hollis. All right. Thank you guys. I have one more item yet here. I got to do um do have a motion for approval. That was moved and seconded. And um all in favor indicate by saying I or oppose. Nay. I I that moves forward. There are no land used items this evening and the next item up is um the 2025 annual report and that's going to be presented by Tim Bennett. [11:42] Tim Bennett: Thank you Mr. Chair, members of commission. Uh very quickly tonight, uh as we always do, we like to give a sort of a a highlight, a a good report on what you accomplished last year. And uh as you'll see or what you've saw in your report or your packet, uh we had a good year and I just want to highlight those. Um again, starting off with our commissioners Jody Paul David Phil Becky, Jeff, and and Doug. Uh again, congratulations to Commissioner Schindler, and Mr. loss for agreeing to serve again. It's always welcome to have that continuity. So, thank you. And again, these will be your uh slate of officers for the next coming up year. We also have uh our planning applications uh process in 2025. They're up here on the screen. Uh you you'll see a a variety of these and this is a good year. We had a a great variety. Uh we had 27 numbers and uh uh I I don't you just love my PowerPoint. [12:45] Commissioner Schindler: Is that a graphic? [12:46] Tim Bennett: These images. Uh new commercial development. I know I know my my planners are laughing at me right now because uh I tend to get kind of weird on these. Um starting off with McDonald's again. Uh uh this was a great project at that corner at uh English and uh 155th 15460 English Avenue. Public hearing was held on January 15th. Uh you recommended approval and the city council approved it on January 27th. Shortly thereafter, we had a public hear a groundbreaking and this building opened up very quickly. It moved quickly and it was surprisingly up out of the ground very quickly and they had a good contractor. So they opened in 9, uh, November of this year or last year, excuse me. And so, uh, if you've ever been out there, uh, it's a very busy restaurant. Good for them. Lewab Tire Center. Uh, this one at 15690, 16,000 foot retail accessory store. The public hearing was held on January se February 7th, 2024. eventually uh city council did approve it in April 2024, but now it's scheduled for a grand opening next Friday. Uh you're are welcome to attend. And again, these are some pictures I took uh very recently. So uh and I think we should be proud of this uh new design because it doesn't have the garage door openings that they wanted. It has two garage doors opening, one to enter the cars in and one to exit. So all the car repairs or all the servicing is done inside the building which should really help in dampening some of that noise from the air impact hammers or or or equipment that they usually see. Skyline Social and Games 1555 English Avenue 47,000 foot indoor casual recreation facility of bowling duck pins ax throwing billiards botchi and sand volleyball. Uh you did reviews this reviewed this on April 2nd 2025. council approved shortly thereafter on April 24th. Scheduled to be open by late 2026, early 2027. And here's a aerial shot image of what's happening out there right now. Again, uh sometimes it's good to see how big a building is. You you see it on paper, you see it on the screens here, but until you start seeing the structure rise out of the ground, it's like, whoa, that's that's a big building. So, this is going to be uh getting a lot of uh good traction on this. got a lot of inquiries, a lot of questions on it. So, I think I think it's going to be an exciting project for us. Rapid Valley Village Casia project again at 14670 Garrett Avenue new TCU expansion to the overall uh campus there. This was presented in April 2025 recommended for approval. Council approved on May 8th of 2025. Uh construction is expected to begin possibly mid 2026. We haven't heard much from them, but we're expecting it to be starting sometime this year. 7 Brew Coffee, 15440 English Avenue. This is a very small 600 foot drive-thru, drive-through only facility for coffee and special drinks. You reviewed this on the 18th of 2025. Recommended approval. Council subsequently approved on July 10th, and construction is expected to begin this spring with completion by summer 2026. And again, here's a a photo that uh our city administrator Tom Lwell took from a facility, I believe, over Monamin or Oakclair, but this is kind of facility that uh would mimic, very bright, very nice features. Pickle Hall. Uh this was a 7169 153rd uh new 66,000t indoor facility with 18 courts plus a food beer hall. A public hearing was held by the PC on July 12th, recommended for approval. Our council approved on September 11th and construction is now underway. You may have seen some of that activity over there started last year. Uh they continued through the winter and they're expected to be completed by early 2027. Isn't that cool? I just discovered that curtains uh feature. new public institutional developments. Uh Kelly Park, I'm sure you've seen a lot of a lot of the activity going on at Kelly Park, new bandale pavilion, restrooms, uh splash pad, extended parking. You may recall that we we took care of the uh rightaway that now will be more will help provide for expanded parking. You saw this on the 16th of April and the council approved on May 8th. And one of the big features that you're seeing right now is the shell of the of proposed band shell. And you'll note the big movie uh that's a basically a big TV screen on that right hand side which you can project movies or messages in a big band shell of course. So nice feature in that corner. Redwood Park. Uh you you may recall that we scraped that whole facility, started all over with a new uh uh indoor activity center, swimming pool, playground activities. You saw this on late 2024. Council approved in 2025 is now opening for planned uh this June actually. So this is going to be the new features that you're seeing with a new uh activity center, community center, our Apple Valley community and senior center. uh just shows the in red here the proposed addition that'll now connect or merge the senior center with the community center. You saw this on uh just recently on the 17th of January, December, excuse me. Council approved it in February. And here's a nice uh architectural elevation rendering that shows what that's going to look like. Very very happy to see that. our Apple Valley high schools. Uh you you're also seeing some activity on building the new Apple Valley activity centers, basically the gymnasium centers. 86,000 for Apple Valley High School. You approved these in January of 2025 and construction began in June of 2025. East View virtually the same 84,000 just over. You reviewed in 2024, council approved in 2025. And we're starting to see that. Uh uh this is a lot farther ahead than the Apple Valley one. Our police ops building. Uh you saw this back in September 2023. Council gave approval, but we just had a uh a ribbon cutting finally in August 2025. And I hope you ever get a chance to go see that building. It's a very very nice building on the inside. And it looks kind of utilitarian from the outside, but it's very nicely done and uh designed on the inside. And you'll note the security and all the features that uh this building uh requires. Sig Valley Learning Center uh you approved the variance back in 2024. Council approved in 2024, but project was completed this year. And here's your finished product. Not a big project, but it's a nice feature. And this moved the entrance from a very a confusing entrance on the north side and this is now on the east side of the building uh facing Cedar Avenue. Can't forget our Apple Valley Technology Park. Again, this started off uh earlier this year in February 5th, 2025. I believe most of you were on the commission at that time. Um you may recall that at that meeting uh we did hold a public hearing. It was continued or or tabled to a future hearing. And part of that uh what was impacting that this development was a separate develop request from Rockport the owners for a complaint amendment. And since that date, virtually since January of 2025, we worked with the applicant with the owner and uh we we finally presented their compound amendment back to you on April of 2025 where you may recall a recommendation of denial was was was formulated. It took a while. We finally got it to the planning commission on the 22nd of January of this year. the council formally denied the comp plan amendment. As such, this plan as it's shown today, it would not meet our comp plan or our zoning ordinance as it stands. So the plan is to bring that back to you on the 18th of this year where we have to officially uh uh finalize or final final consideration give a recommendation with the expectation it'll be presented to the council on the 26th of March. We have a deadline fast approaching on by March 31st of this month. So, we expect to have a recommendation, not expect, we we'd like to see a recommendation out of you on the 18th forward to the council and hopefully uh not hopefully it it'll it'll it'll put an end uh to a very long arduous process on this project. So uh again this was a very uh uh challenging project to begin with. So uh but we're we're we're moving on our housing residential developments or place apartments. Uh you'll probably have seen that this was uh starting uh has already begun construction. New four fourstory 135 unit was placed for Orchard Place was approved in April 2025. Construction is ongoing and this is what the image will look like. And here's an overall uh aerial shot a few few weeks ago that just shows the impact of that site. So, it's moving along and they hope to be open within a year. Orchard path, same thing. Uh, a new 75 unit continuum of care facility construction expected be take place through 2025 2026. Again, uh, looking at seeing some a nice outcome on that. Uh, Valley Station Apartments 144 unit workforce housing project. This was held on July 16th under a public hearing. Planning Commission did recommend approval. Our council did approve it on September. Uh construction is is expected to begin very very soon. We're also been told that there's an expected closing in April. So, we're hoping that will take place and then they'll start issuing their permits and start their project hopefully by April of this year. That's just a another architectural image. Variances. We had a variance at McDonald's. Uh this was to reduce the setbacks for that classier restaurant from a th00and to 200 feet. You saw that on the 15th of of January. You approved it or council approved on the 27th. Kelly Park several variances for them. You saw them uh on the 16th as well. Council approved on the 8th of May. Seven Brew Coffee. Again, that was to allow for extended hours of operation for that restaurant from 6:00 to 11 uh down to 5:30 to up to 11:00 a.m. PM, excuse me. Um, also the Christ Church sign variance. Uh, that was just to modify or acknowledge and reduce that back on to an existing sign that they were swapping out a static to a message board sign. Uh, a good year for comp plan and ordinance amendments. We had a number of several of them. These are going to be familiar. Uh we had a comprehensive plan amendment as I just mentioned a planning commission recommended denial on the 2nd of of April. Council affirmed that by denying it on the 22nd of this year. The mixeduse business campus zoning district. Again, this was the new district that we wanted created on top of the uh Orchard Place development area. So, this is the new mixeduse business campus zoning district. This was also presented back in February 2025 and this was affirmed and approved by the council on the 27th of 2025. We have an ordinance amendment to uh PD number 975 for imperous surface text amendment uh regarding uh the the upping the requirements for lots 9,999 square feet or less in said district. Again, you saw that on May 7th. you approved, council approved on the 22nd a cannabis Microsoft, excuse me, micro business tax amendment. Uh, this was to amend PD 409 to allow for a new cannabis micro business and PD 409. Uh, you did see this on the second. You recommend a denial and council affirmed that recommendation on the 10th of July. Our pickle hall again for indoor to allow for indoor recreational use as an amendment to PD number 739. You saw that on the 2 the 2nd of July and you affirmed on the 11th council, excuse me, ordinance amendment PD gaslight. This was for specifically uh the amendments to to help Valley Station Apartments uh proceed. You saw these on the 16th. You recommended on the 2nd of August and council approved uh on the 25th of 2025. Uh you also did PD amendment PD1 1144. I'm going to go quickly through these. These are kind of boring. Uh planning staff presented uh an orange amendment to 55 to address procedures for measuring setbacks for for cannabis buffers. Uh we wanted to make sure we we clarified that because we were kind of getting confused on how to measure those. So we we fixed that. Uh we also had variances. We now uh require used to be we never had public hearings for variances. We now do that. We felt was just an idea ideal to have a hearing with variances. Uh finally a request cannabis retailers for setbacks. You did recommend denial. Our council affirmed that as well. Comprehensive plan amendment uh on our lots one and two and Fraser edition. You may recall that it was pointed out by Sydney that we had uh these two parcels over there that are both of them uh were guided HD high density and SIHD suburban intensive high density and we wanted those changed back to commercial which meets or matches up with their uh uh uh LB limited business zoning district. our permit activities very quickly. We had seven new buildings or projects contributing for commercial industrial just over 43 million which is incredible. This included Westw McDonald skyline, our Minnesota Zoo and the Macak exhibit, the Redwood Park uh structures as well. Our commercial renovations 105 permits added $31 million of investment or valuation. That's great. Our permits for the institutional 82 million in value. You'll note that the high schools 28 million, 25 million, Scott Highwoods Middle School, Falcon Ridge. So these are great investments by the community and the school district. So we're very proud of that. Our residential also we had 10 new single family units with 6.2 million, an average of 620,000 per unit. That's awesome. 15 new town homes, four 4.3 million, 283,000 per unit. over 2,000 permits for residential additions or alterations representing over 33 million. Again, great numbers. We like to see these. Also, our apartments projects for the 75 unit for Pres Homes, Orchard Path at 15.8, and the new uh Orchard Place Apartments at 25 million. We had over 70 ribbon cutings, four ground breakings, Very Sweet Kitchen, Constellation Coffee, Tony's Pizza, Bliss Homes, Orchard Path, Abbiscinian Market, Brianna, help me Mihoana, I'm going to say McDonald's, Spice Village, AV Police Operation, Cornelia, some great new uh also Sharkies Cuts, Bogey Golf, O'Reilly Auto Parts. You may have noticed that they moved from their old place over to the uh uh vacated uh Best Buy store, Cafe Depiri. Awesome. Uh Boost Mobile, Siri, Sanjay, Snap Fitness, and soon to be open Crunch Fitness. And this is just a collage of our open businesses that we got. Our staffing news, um you may recall Alex Sharp resigned as city planner February 2025. Maybe he's now the new community director for Weisetta, but he's also dead to us. Uh Carter Hayes was hired as planner in 2020. I'm just kidding. Carter Hayes was hired as our new planner in 2025. Very happy to have him on board. Also happy to have on board Terry Dill was hired also a few weeks later in April 2025. And some of you may not know this, but Sydney Strowing was promoted from associate planner to planner in 2025. So we're very these are the people that make my life so much easier. So anyway, by simple motion, we're asking to accept and approve the that report and authorize staff to present set report to the council if you so choose. Happy to take any questions. [30:50] Chair Kurtz: Any questions for Tim? [30:52] Commissioner Hollis: Can I have a motion, please? I have one quick one. We we did approve that um the microwave tower or the tower over by the church. I'm not seeing any movement on that. is right now. I'll defer to Sydney if she's got any updates on that one. [31:08] Sydney Strowing: Um so that cup they haven't applied for their building permit yet. Um we have reached out to the applicant to let them know that their cup will lapse in May. Um they are deciding if they want to extend that cup or to request to extend. So unknown at this point. [31:24] Commissioner Hollis: Very good. Thank you. [31:26] Chair Kurtz: Can I have a motion? [31:28] Commissioner Schindler: Move approval of the 2025 planning commission annual report. [31:39] Commissioner Mahal: Second. [31:41] Chair Kurtz: Moved by Commissioner Schindler and seconded by Commissioner Mah. All in favor indicate by um I or opposed name. I I that moves forward. Thank you. [31:59] Tim Bennett: Thank you. [32:00] Chair Kurtz: And with that, that concludes our business tonight. And um I'll now entertain a um motion to adjourn the meeting. [32:03] Tim Bennett: Mr. Chair, just very quickly just want to remind everybody of the meetings coming up real quick here. So we have Wednesday, March 18th. Um uh we hope that you can be there. We do have a public hearing as I mentioned. Uh questions keep coming up. We we have a continuation but a new hearing. Uh just for an explanation, the conditional use permit that was originally part of the application packet from Apadan, it was never held on February 5th because the zoning ordinance had not been created yet. So it was going to be held over to the next available meeting. Uh didn't expect it to be take this long, but it it but we are required to conduct a public hearing on that conditional use permit as well. Um we're getting a lot of action from the neighborh residents who have been following this project very closely. So uh we're still inviting them to the 18th. If we do by chance uh get a withdrawal from the uh from the applicant uh we'll notify post everything and if if we don't have a hearing that night then we're just going to cancel that meeting and you'll have a night off. But for now, uh, we'd love to see you on the 18th if we need to. That's it. [33:21] Chair Kurtz: Thank you, Tim. Appreciate it. And with that said, [33:23] Commissioner Schindler: move we adjourn. [33:25] Commissioner Hollis: Second. [33:25] Chair Kurtz: Moved by uh, Commissioner Schindler, seconded by Commissioner Holl. All in favor indicate by saying I. I. I. Meeting is closed. [33:59] Unknown Speaker: Hey, hey, hey.