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Apple Valley council approves amendment to PD 975 allowing limited increase in impervious coverage with on-site stormwater mitigation

3465962 · May 23, 2025
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Summary

The City Council approved an ordinance amendment to Plan Development (PD) 975 that lets smaller lots increase impervious surface up to an additional 10% if they install an approved on-site stormwater mitigation facility; the council waived the second reading and the measure passed on voice vote.

Apple Valley City Council on May 22 approved an ordinance amendment to Plan Development (PD) 975 that changes impervious-surface rules for smaller lots and waived the second reading.

The change allows properties in PD 975 that are 10,000 square feet or smaller to increase impervious surface coverage by up to an additional 10 percent if they add an approved on-site stormwater mitigation facility such as a rain garden or similar measure. The amendment responds to concerns from property owners in PD 975 who said the existing 35 percent maximum was unduly restrictive on smaller lots.

Sydney, a city staff member presenting the proposal, told the council the existing PD 975 maximum of 35 percent is stricter than the city’s standard zoning limits and that the requested change would align the PD with common city practice. “This maximum is more strict than our standard zoning requirements,” Sydney said. Under Apple Valley’s standard zoning, staff said, property owners may request a smaller increase (up to 5 percent) with similar on-site mitigation; PD 975 previously did not allow that flexibility.

Staff said properties under 10,000 square feet in PD 975 number “about 77” according to the presentation; owners who want to add impervious surface above the 35 percent threshold must receive approval for a residential on-site stormwater mitigation facility from the Natural Resources Department. A public hearing at the Planning Commission on May 7 resulted in one written comment and one in-person comment in support; the Planning Commission recommended approval.

Councilman Belander moved to pass the ordinance and to waive the second reading; Council Member Bergman seconded. The item carried on a voice vote. Mayor (presiding) thanked staff for addressing the issue through an ordinance rather than variances.

The amendment becomes part of Article 32, Plan Development PD 975, and property owners within the PD seeking extra impervious coverage will need Natural Resources approval for the proposed mitigation measures.