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HomeMy WebLinkAboutOrd. 1129 Amend PD No. 1080 CITY OF APPLE VALLEY ORDINANCE NO. 1129 AN ORDINANCE OF THE CITY OF APPLE VALLEY,AMENDING CHAPTER 155-- APPENDIX F,ARTICLE A39, OF THE CITY CODE REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 1080 The City Council of Apple Valley ordains: Section 1. Chapter 155-Appendix F,Article A39 of the Apple Valley City Code is amended by revising Sections A39-1 to A39-5 to read as follows: §A39-1 PURPOSE. The purpose of this article is to establish specific performance standards in compliance with§ 155.260-155.271 for property designated by Ordinance No.1080 on the official zoning map. The purpose of this zone is to provide apartments,condominiums,and residential cooperatives for persons 55 years of age or older;and one-family detached dwelling and townhomes in Zone 2. §A39-2 PERMITTED USES. (A) Zone 1. Within this zone no structure or land use shall be used except for one or more of the following uses or uses deemed similar by the city council: (1) Condominiums,apartment,and residential cooperative multiple dwellings in which exclusively persons 55 years of age or older reside,provided the building is serviced by public sanitary sewer and water systems and having a maximum density of no greater than twelve (12)units per acre. (2) Home occupation as defined in § 155.003. (3) Public utility buildings and structures. (B) Zone 2. Within this zone no structure or land use shall be used except for one or more of the following uses or uses deemed similar by the city council: (1) Townhouse or one-family detached dwellings meeting the standards of the Uniform Building Code,placed on permanent foundations and having no horizontal axis less than 18 feet in length dwellings,provided they are serviced by public sanitary sewer and water systems and having a maximum density combined with Zone 1 of no greater than twelve(12)units per acre. (2) Home occupation as defined in § 155.003. (3) Public utility buildings and structures. (4) Community based family care, day care home licensed under Minn. Stat. Chapter 245 or such home for the care of the mentally or physically handicapped licensed by the state. §A-39-3 CONDITIONAL USES. (A) Zone 1. There are no conditional uses provided. (B) Zone 2. Within this zone no structure or land use shall be used except for one or more of the following uses or uses deemed similar by the city council except through granting of a conditional use: (1) Community-based family care home,day care not licensed under Minn. Stat. Chapter 245 when: (a) Facility meets all existing health, fire building and housing codes; (b) Separation of one-quarter mile exists between such facilities. The city council may grant an exception to the one-quarter mile rule when strong community support exists, program effectiveness is closely tied to particular cultural resources in the community,or an effective natural or manmade barrier exists between the facilities; and (c) Such conditional use permit shall be reviewed at one-year intervals. §A39-4 PERMITTED ACCESSORY USES. (A) Zone 1. 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) Buildings temporarily located for the purposes of construction of the premises for a period not to exceed the time necessary to complete said construction. (2) Temporary sales office. (3) Essential public facilities provided all requirements are met. (4) Off-street parking as regulated in this chapter. (5) Putting greens, shuffleboard courts,picnic area,fire pit,outdoor patio and similar recreational or service areas for use by the residents of the premises. (6) Decorative landscape features. (7) Keeping of domestic animals commonly referred to as"housepets"for noncommercial purposes. (B) Zone 2. 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: 2 (1) Buildings temporarily located for the purposes of construction of the premises for a period not to exceed the time necessary to complete said construction. (2) Temporary sales office. (3) Essential public facilities provided all requirements are met. (4) Off-street parking as regulated in this chapter. (5) Parks and playgrounds. (6) Decorative landscape features. (7) Garage sales not to exceed three per calendar year. (8) Keeping of domestic animals commonly referred to as "housepets" for noncommercial purposes. (9) Gardening and other horticultural uses where no sale of products is conducted on the premises. §A39-5 MINIMUM AREA REQUIREMENTS AND STANDARDS. (A) The following minimum area standards and requirements shall be met. 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 REQUIREMENTS AND STANDARDS Requirements Zone I Zone 2 Lot Dimensions Lot area 320,000 5,500 Lot width - 50 Dwelling Unit Density Maximum units per acre 12 Minimum Building Setbacks measured in feet Along principal or minor arterial street 40 40 Along any private street or drive 25* - Front lot line - 25 Side lot line 50 5 Rear lot line 50 15 Minimum Parking Setbacks Along principal or minor arterial street 40 - 3 Along any private street or drive 20 Side lot line 20 - Rear lot line 20 - Maximum Impervious Surface 35% 55% Maximum Building Height measured in feet 60 35 Maximum Number of Stories 4 2 *Setback shall be measured from the back of the curb along the private street (2) Building and site design, see§ 155.346 (3) Screening,see § 155.348 (4) Landscaping,see§ 155.349 (5) Lighting,see§ 155.353 (6) Parking,see § 155.370 through 155.379 Section 2. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 1129", 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 3. 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 4. 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 5. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. PASSED by the City Council this 9th day of May, 2024. ATTEST: Clint Hoo paw, May r �N" 6 a C, 6�ZJ Pamela J. G ck to to , City Clerk 4 CITY OF APPLE VALLEY ORDINANCE NO. 1129 AN ORDINANCE OF THE CITY OF APPLE VALLEY,AMENDING CHAPTER 155-- APPENDIX F, ARTICLE A39, OF THE CITY CODE REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 1080 The following is the official summary of Ordinance No. 1129 approved by the City Council of Apple Valley on May 9, 2024. Chapter 155 of the City Code is amended by revising Appendix F, Article A39, Sections A39-1 to A39-5 governing Planned Development No. 1080, to permit one- family detached dwellings, in addition to townhome dwellings in Zone 2, to correct scriveners' errors, and establish performance standards regulating building size and bulk, setbacks, and appearance. 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 City Hall, 7100 147th Street W.,Apple Valley, Minnesota 55124. 5 AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY STATE OF MINNESOTA )ss ORDINANCE NO.1129 COUNTY OF DAKOTA AN ORDINANCE OF THE CITY OF APPLE VALLEY, Tonya Orbeck, beingduly sworn on an oath, AMENDING CHAPTER 39,O y APPENDIX F,ARTICLE A39,OF states or affirms that he/she is the Publisher's THE CITY CODE REGULATING Designated Agent of the newspaper(s)known PLANNED DEVELOPMENT as: DESIGNATION NO.1080 The following is the official Dakota County Tribune summary of Ordinance No. 1129 approved by the City Council of with the known office of issue being located Apple Valley on May 9,2024. in the county of. Chapter 155 of the City Code is DAKOTA amended by revising Appendix F with additional circulation in the counties of: Article A39,Sections A39-1 to A39- DAKOTA 5 governing Planned Development No.and has full knowledge of the facts stated detached led w ings,permit onaddition g detached dwellings, in addition below: to lownhome dwellings in Zone 2, (A)The newspaper has complied with all of to correct scriveners' errors, and the requirements constituting qualifica- establish performance standards qualified newspaper as provided regulating building size and bulk, lion as a 9P setbacks•and appearance. by Minn.Slat.§331A.02. (B)This Public Notice was printed and pub- A printed copy of the ordinance lisped in said newspaper(s) once each is available for inspection by any week, for 1 Successive week(s); the first person during regular office hours at the office of the City Clerk at the insertion being on 05/17/2024 and the last Apple Valley City Hall,7100 147th insertion being on 05/17/2024. Street W.,Apple Valley,Minnesota 55124. MORTGAGE FORECLOSURE NOTICES Published In the Pursuant to Minnesota StaL §580.033 Dakota County Tribune relating to the publication of mortgage May 17,2024 foreclosure notices:The newspaper complies 1395930 with the conditions described in §580.033, subd. 1,clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspapees circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before the on 05/17/2024 by Tonya Orbeck. Notary Public r v�jV.V;'wvYwv�,rse. } L{3R LYNN f'ETE SON NOTARY PUBLIC MINNESOTA . ktP Commission Expires Jan 31 2028 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $10 per column inch Ad ID 1395930