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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; 7 (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; 3 (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; 4 (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: 5 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. 6 (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 7 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 8 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 9 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. 10 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 _ Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1455009