HomeMy WebLinkAboutOrd. 1142 Mixed-Use Business Campus District CITY OF APPLE VALLEY
ORDINANCE NO.1142
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA AMENDING
CHAPTER 155 OF THE CITY CODE BY ADDING SECTION 155.310 ENTITLED
MIXED-USE BUSINESS CAMPUS DISTRICT ("MUBC") AND DEFINITIONS IN
SECTION 155.003
The City Council of the City of Apple Valley ordains:
Section 1. Chapter 155 of the City Code is amended by adding the following definitions
in Section 155.003 to read as follows:
Commercial Recreation. A business directed toward the general public that offers
recreational entertainment and activity facilities, such as amusement centers, bocce ball,
pickleball or tennis courts, bowling alleys, billiard halls, golf courses, movie theatres, ballrooms,
roller rinks and similar uses.
Data Center. A facility or a complex or campus of buildings and facilities used primarily
for the storage, management, processing, and transmission of digital data, which houses
computer and/or network equipment systems, servers, appliances and other associated
components related to digital data operations. The facility may also include air handlers, power
generators, water cooling systems and water storage facilities, utility substations, and other
associated utility infrastructure to support sustained operations at a data center. A data center
complex/campus may include data management or storage buildings and ancillary support
buildings and structures, including secure and controlled entrances, perimeter fencing, sally-
ports, and cargo screening buildings.
Section 2. Chapter 155 of the City Code is amended by adding Section 155.310 to read
as follows:
MIXED-USE BUSINESS CAMPUS DISTRICT
Section 155.310. Mixed-Use Business Campus District.
(A) PURPOSE.
The Mixed-Use Business Campus (MUBC) zoning district is identified in and
implements the Mixed Business Campus land use designation as contained in the City's 2040
Comprehensive Plan. The area is intended to provide a high-quality, high-intensity business
campus consisting primarily of office, health care and light industrial/manufacturing uses, and a
limited amount of retail and commercial uses which in general should be orientated along
County Road 42.
(B) PERMITTED USES
Within the MUBC district, no structure or land shall be used, except for one or more of
the following uses or uses deemed similar by the City Council within each of the following
designated use categories:
(1) Office Uses:
(a) Corporate offices or headquarters;
(b) Professional offices and offices of a general nature where the
operations do not include over-the-counter retail sales or warehousing;
(c) Health Care Clinics for human care;
(d) Hospital for human care;
(e) Comprehensive, intensive or full care living facility;
(f) Hotel;
(g) Restaurants, Class I and III only;
(h) Fitness centers and gyms, or athletic clubs when contained in a hotel
or office building;
(i) Banks, credit unions, or other financial depository establishment;
(j) Municipal buildings, including police, fire, emergency management,
but excluding public works facilities; and
(k) Commercial recreation as defined in this Chapter.
(2) Light Industry/Manufacturing Uses:
(a) Research or testing laboratories conducted in a building;
(b) Processing, fabrication, storage, manufacturing or wholesaling
operation;
(c) Contractor's office, outdoor storage subject to a conditional use;
(d) Small brewery and micro-distillery.
(3) Office Warehouse/Showroom Uses:
(a) Warehousing or wholesale business when conducted within a
building. Office/warehouse combination is permitted when office space does not exceed 30% of
floor area;
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(b) Warehouse sales or showrooms for furniture, carpets, flooring and
similar goods;
(c) Television, recording and radio studios and sound stages; microwave
towers are subject to conditional use and tall broadcast towers are not permitted.
(4) Commercial Retail Uses:
(a) Stores and shops selling personal services or goods over a counter.
These include antiques, art and school supplies, bakeries, barbershop, bicycles, books and
stationery, candy, carpets and rugs, catering establishments, china and glassware, clothes
pressing, clothing and costume rental, custom dressmaking, drugs, electrical and household
appliances, florists, food, furniture, garden supplies, gifts, hair salons, hardware, hats, hobby
shops, interior decorating,jewelry, watch repair, laundry and dry cleaning pick up, leather goods
and luggage, locksmith shops, musical instruments, office supply, paint and wallpaper,
photograph studios, restaurants (Class I, and Class III Neighborhood Restaurant without a drive-
through window, only), shoes, sporting goods, tailoring, theater (except open air drive-in),
tobacco and tobacco products, toys, wearing apparel, and grocery stores;
(b) Banks, savings and loan offices, offices for doctors, dentists,
lawyers, real estate and similar uses;
(c) Animal hospital or clinic when contained within a building;
(d) Convenience store including motor fuel sales;
(e) Day care centers.
(C) CONDITIONAL USES
Within the MUBC zoning district, no structure or land shall be used for the following uses
or uses deemed similar by the City Council, except by conditional use permit:
(1) Office Uses
(a) Drive-through window service in conjunction with a Class III
restaurant;
(b) Day care center;
(c) Towers as regulated in § 155.385;
(2) Light Industry/Manufacturing Uses
(a) Outdoor storage of materials provided they are screened from view
in a manner satisfactory to the City Council with a masonry fence matching the building
materials of the primary building and that the storage area is located along an interior lot line, not
abutting any public street;
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(b) Towers as regulated in § 155.385;
(c) Outdoor overnight parking of vehicles in the Light
Industry/Manufacturing area only; provided they are properly screened from view in a manner
satisfactory to the City Council, and that no outdoor overnight parking of vehicles shall be
allowed in parking areas located adjacent to residential areas; and
(d) Data center as regulated elsewhere in this Section.
(3) Office Warehouse/Showroom Uses
(a) Transmission towers only when associated with a studio broadcast
facility, with a maximum height equal to the distance the tower is setback from the closest
property line;
(b) Towers as regulated in § 155.385;
(4) Commercial Retail Uses
(a) Restaurant, Class II, when located no closer than 1,000 feet from any
residential or institutional use;
(b) Drive-through window service in conjunction with a Class II or III
restaurant;
(c) Towers as regulated in § 155.385;
(D) ACCESSORY USES.
Within the MUBC district, the uses or uses deemed similar by the City Council shall be
permitted accessory uses:
(1) Restaurant or cafeteria facilities associated with an internal office facilities
intended to serve only the employees of the facility;
(2) Picnic areas, plazas and similar semi-public gathering areas;
(3) Off-street parking, refuse storage and loading spaces, as regulated by this
Chapter;
(4) Buildings, trailers, unscreened trash dumpsters, or portable storage units
temporarily located on the subject lot only for the purposes of construction on the premises for a
period of time not to exceed the time necessary for such construction. Trash dumpsters shall be
removed from the subject lot when full;
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(5) Equipment, infrastructure, or facilities necessary to provide public
telecommunication, cable, utility or other power services;
(6) Outdoor dining area, subject to the regulations set forth in this Chapter; and
(7) Parking structures subject to the following:
(a) The design of the parking structures must integrate the forms and
materials used for the principal buildings; and
(b) Landscaping must be used at the base at the base of parking
structures.
(E) ADDITIONAL REQUIREMENTS AND CONDITIONS.
(1) For any land within the City that is sought to be rezoned to MUBC after the
effective date of the adoption of this MUBC zoning ordinance, the minimum size of a parcel or
contiguous parcels to be rezoned as a MUBC district shall be no less than 10 acres.
(2) Commercial retail uses shall be located upon a parcel adjacent and oriented
to County Road 42, unless otherwise approved by the City Council upon a showing of good
cause.
(3) No industry/manufacturing or office warehouse showroom uses shall be
permitted on a parcel adjacent to County Road 42 or Pilot Knob Road.
(4) The terms and conditions of the Rockport, LLC, Alternative Urban
Areawide Review, dated 12-13-2007, and as updated on 10-13-2016, 2-10-22, and 12-26-2024,
as issued for the land within this designated MUBC district, and as required to be amended from
time to time shall be met.
(5) Sand and gravel operations may continue in compliance with the terms and
conditions of the Sand and Gravel zoning district and the Conditional Use Permit(s) in effect as
of the date of this Ordinance.
(F) MINIMUM STANDARDS AND REQUIREMENTS.
(1) No improvements shall be placed on the lands unless the lands to be so used
or improved shall meet the minimum area and dimensional requirements:
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Minimum lot dimensions:
Lot area(square feet) 30,000
Lot width (feet) 100
Minimum building setbacks (feet)
Along principal or arterial streets
50
Along community or
neighborhood collector streets 40
Along all other public streets: 30
Along a side lot line 15
Along a rear lot line 15
Abutting a residential district 30
Minimum Parking Setbacks
Along public streets 20
Side or rear lot line 5
Abutting a residential lot 20
Maximum Building Coverage
(percentage)
Coverage of lot 50
Maximum Building Height (feet)
Maximum height 75*
*Building height shall be measured to the highest point of the parapet wall. Limited
architectural and mechanical extensions, including but not limited to elevator overruns,
mechanical penthouses, screening enclosures, and solar energy systems, may project
above the parapet wall by a maximum of 10 ft.,provided they are designed to minimize
visual impact and do not contribute to additional habitable space.
(2) All uses shall comply with the following:
(a) Signage, see Chapter 154.
(b) Performance standards, see § 155.344 and the Special Performance
Standards set forth in this Section.
(c) Building materials, see § 155.346.
(d) Screening, see § 155.348.
(e) Maximum impervious surface and drainage requirements, see §
155.350.
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(f) Lighting, see § 155.353.
(g) The minimum cost of landscaping materials for any building project
shall be 2.5% of the estimated building construction cost based on current means construction
data. All other landscaping requirements set forth in § 155.349 shall apply.
(h) Parking, see §§ 155.370 through 155.379.
(G) PERFORMANCE STANDARDS.
The following performance standards shall be incorporated into any development to assure
an overall sense of harmony.
(1) Whenever a MUBC district abuts or is across the street from residential
property, including multi-family, a fence or masonry wall, berm or compact evergreen hedge, or
a combination thereof, not less than 50% opaque nor less than six feet in height shall be erected
and maintained along all property lines or streets.
(2) Loading docks shall not be permitted along the side of a building which
faces a public street or an abutting residential or multi-family property unless they are properly
screened from view in a manner satisfactory to the City Council.
(3) Service yards, trash enclosures, delivery areas and loading docks shall be
screened from view or located entirely within the building. Screening materials shall be
consistent with the architecture of the building and shall use similar materials, finishes and
colors.
(4) Storm water ponding areas may be regarded as a water feature and open
space amenity. Design and construction shall include the incorporation of open space and trails
around the ponding areas to make these features an integral part of the development.
(5) Trail and sidewalk connectivity shall be incorporated in any development
within the zoning district.
(6) Parking lots having 15 or more spaces shall provide parking for bicycles and
motorcycles.
(7) Median islands between divided roads and driveways shall be landscaped
with trees and low shrubs and accented with annuals and perennials.
(H) DATA CENTER CONDITIONS AND REGULATIONS.
A data center is subject to the following conditions and regulations:
(1) Buildings shall be designed and constructed to include finishes and
materials of consistent quality and design on all sides as regulated in Chapter 155 of the Code.
All buildings shall have a vertical exposed exterior finish of 100% non-combustible, non-
degradable and maintenance-free construction materials (such as face brick, natural stone or
decorative concrete block but excluding construction materials such as sheet or corrugated
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aluminum, iron, plain or painted plain concrete block or similar). Any decorative concrete block
shall be colored only by means of a pigment impregnated throughout the entire block. Exterior
roof-top finishes shall preclude the use of exposed or plated metal; any metal surface shall be
coated or anodized with a non- reflective, glare-free finish.
(2) All buildings shall be located no less than 100' from any public right-of-
way.
(3) All buildings and supporting mechanical equipment and/or facilities shall be
located no less than 200' from residential zoned or guided property.
(4) Any fence used for screening or security shall be constructed of a material
similar to and complimentary to the primary building material and architecture. Perimeter and
security fences along public streets shall be constructed of maintenance-free materials. Palisade-
style fencing may be allowed. Fences constructed of chain-link, with or without slatted inserts,
barbed wire, electrical wire, or other similarly visibly intrusive deterrence device are prohibited.
Security fencing shall not exceed 8' height unless approved by the City Council. Fences that are
along a public right-of-way shall avoid long, undifferentiated facades and long, plain sections by
including a combination of the following design elements: step-backs or recesses, changes in
material, patterns, textures, colors, or use of accent materials such as posts, bollards or brick
pillars.
(5) A noise study shall be submitted with the conditional use permit application.
The study, prepared by a licensed acoustic engineer, shall describe the anticipated noise level of
the data center and all its supporting mechanical equipment and generator facilities, including
whether noise will leave the site and depict if any surrounding properties are impacted. All
required noise mitigation efforts shall comply with all City and State of Minnesota noise
pollution standards and requirements, at a minimum. Noise mitigation may be required for
noise/sound level(s) generated on the site that may be received off the site at a sound level more
than the limiting level of sound for noise area classification (NAC) 1 as established by the
Minnesota Pollution Control Agency. Mitigation may include sound walls, baffles, ventilation
silencers, berming and/or separation from surrounding uses. The noise study shall review noise
levels during commissioning, testing, normal operation and emergency operations of the building
and its support facilities. The study shall provide recommended mitigation measures to address
noise generated during a sustained emergency blackout period.
(6) Screening of Mechanical, Generators, and Supporting Equipment. Ground-
mounted and roof top mechanical equipment, power generators, water cooling and water storage
facilities, utility substations, and other associated utility infrastructure to support operations of
the facility must be screened in accordance with the screening standards set forth elsewhere in
this code. Mechanical equipment not screened by a principal building must be screened by a
visually opaque fence, screen wall, parapet wall, or other visually opaque screen that must be
constructed of materials compatible with those used in the exterior architectural finishes of the
principal building. Chain-link fencing, with or without slat inserts, is prohibited.
(7) A berm, wall or fence may be used in combination with vegetation to satisfy
the screening requirement when approved by the City Council. Walls and fences that are
abutting public right-of-way must avoid long, undifferentiated facades and long, plain sections
by including a combination of the following design elements: variations in height, step-backs or
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recesses, changes in material, patterns, textures, colors, or use of accent materials such as posts,
bollards or brick pillars. All landscaping, screening, and buffering must be maintained in a
living condition.
(8) A detailed lighting plan with photometrics plan shall be submitted with the
Site Plan and Building Permit Authorization application. All site lighting shall be confined to
the site in accordance with the lighting requirements set forth elsewhere in this Code.
(9) The height of a building may be increased from 75 feet to 100 feet, when no
more than 40 feet of vertical building elevation is visible from any arterial roadway.
(10) The City may approve reduced parking requirement for data centers when a
traffic study, based on similar end-user operations, confirms decreased parking demand at the
site, and areas otherwise used for parking are used for landscape buffer areas and screening.
(11) No vibration may be produced which is transmitted through the ground and
is discernable without the aid of instruments at any point beyond the property line.
Section 3. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. 1142," 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 4. 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 5. 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 6. 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 27th day of February, 2025.
Clint Hooppaw, Mayor
ATTEST:
cfiki4
Christina M. Scipioni, C'' Clerk
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CITY OF APPLE VALLEY
ORDINANCE NO. 1142
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA AMENDING
CHAPTER 155 OF THE CITY CODE BY ADDING SECTION 155.310 ENTITLED
MIXED-USE BUSINESS CAMPUS DISTRICT ("MUBC") AND DEFINITIONS IN
SECTION 155.003
The following is the official summary of Ordinance No. 1142 passed by the City Council of
Apple Valley on February 27, 2025:
Chapter 155 of the City Code is amended by adding Section 155.310 which establishes
and set forth the zoning regulations for the new zoning district of mixed-use business
campus (MUBC) district. Chapter 155 is also amended to add definitions of commercial
recreation and data center, both of which is regulated under the MUBC district.
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.
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AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY
ORDINANCE NO.1142
STATE OF MINNESOTA )ss
COUNTY OF DAKOTA AN ORDINANCE OF THE
CITY OF APPLE VALLEY,
MINNESOTA AMENDING
I do solemly swear that the notice,as per the CHAPTER 155 OF THE
proof,was published in the edition of the CITY CODE BY ADDING
SECTION 155.310 ENTITLED
Dakota CountyTribune MIXED-USE BUSINESS
CAMPUS DISTRICT
("MUBC")AND DEFINITIONS
with the known office of issue being located IN SECTION 155.003
in the county of:
DAKOTA The following is the official
summary of Ordinance No. 1142
with additional circulation in the counties of: passed by the City Council of Apple
DAKOTA Valley on February 27,2025:
and has full knowledge of the facts stated Chapter 155 of the City Code
below: is amended by adding Section
(A)The newspaper has complied with all of 155.310 which establishes and set
the requirements constituting qualiflca- forth the zoning regulations for the
tion as a qualified newspaper as provided new zoning district of mixed use
Minn.Stat. 331A.02. business campus (MUBC)district.
by § Chapter 155 is also amended to
(B)This Public Notice was printed and pub- add definitions of commercial rec-
lished in said newspaper(s) once each nation and data center, both of
week, for 1 successive week(s); the first which is regulated under the MUBC
insertion being on 03/07/2025 and the last district.
insertion being on 03/07/2025. A printed copy of the ordinance
is available for inspection by any
MORTGAGE FORECLOSURE NOTICES Person during regular oftyfice ehours
Pursuant to Minnesota Stat. §580.033 in the office e cip Clal Center,
n at
the Apple Valley Municipal
relating to the publication of mortgage 7100 147h Street W.,Apple Valley,
foreclosure notices: The newspaper complies Minnesota 55124.
with the conditions described in §580.033, Published in the
subd. 1, clause (1) or(2). If the newspaper's Dakota County Tribune
known office of issue is located in a county March 7,2025
adjoining the county where the mortgaged 1455009
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the la r coun .
B 4/172
signatc g t
Subscribed and sworn to or affirmed before
me on 03/07/2025
Notary Public
Darlene Marie MacPherson notary Public
Minnesota
`� My Commission Expires Jan.31,2029
as _
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