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HomeMy WebLinkAboutOrd. 1144 Establish PD 1144 - Orchard Place 5th Addition CITY OF APPLE VALLEY ORDINANCE NO. 1144 AN ORDINANCE AMENDING CHAPTER 155, APPENDIX F OF THE CITY CODE BY ADDING ARTICLE 40, ESTABLISHING PLANNED DEVELOPMENT DESIGNATION NO. 1144, IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA The City Council of Apple Valley Ordains: Section 1. The City of Apple Valley official zoning map is amended to add Planned Development Designation No. 1144 and the following property to be included therein: Zone 1: Lot 1, Block 1, Orchard Place 5th Addition Zone 2: Lot 2, Block 1, and Outlot B, Orchard Place 5th Addition Section 2. Apple Valley City Code, Chapter 155, Appendix F, is amended by adding Article 40 to read as follows: ARTICLE 40. DESIGNATION NO. 1144. § A40-1 PURPOSE. The purpose of this designation is to amend the zoning chapter by establishing specific performance standards in compliance with §155.260 through 155.271 for property so designated on the official zoning map. The purpose of this zone is to provide for an integrated mix of retail business and high-density residential uses. § A40-2 PERMITTED 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) Freestanding retail building; (2) Multi-tenant retail shopping center; (3) Permitted uses within the shopping center or freestanding retail building shall be limited to general retail sales and services; (4) Banks, savings and loan, credit unions and other financial institutions; (5) Health clubs or athletic clubs and facilities when contained within a building; (6) Animal hospital or clinic when contained within a building; (7) Commercial recreation facilities when contained within a building; (8) Outdoor commercial recreation facility when in conjunction with a Class I restaurant or indoor commercial recreation facility, subject to the following performance standards: (a) The outdoor commercial recreation facility and all structures or amenities in connection therewith shall be compact and contiguous to the the primary use; (b) The outdoor commercial recreation facility shall be delineated with a physical barrier subject to minimum area requirements pursuant to the Fire and Building Codes; (c) No organized recreational activities shall occur within the outdoor recreation facility area between the hours of 11:00 p.m. and 8:00 a.m. (d) All lighting used in conjunction with the outdoor commercial recreational facility shall be designed to limit light casted outside of the delineated area and be shut off by 11 p.m.; (e) Noise as regulated in §130.55 through §130.59; and (f) Any other performance standards that the City determines to be necessary for the protection of public health, safety and general welfare. (9) Class I, and Class III restaurants without a drive-through window, only. (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: (1) Multi-family residential apartment at a maximum density of 25 units per acre; (2) Home occupation, as defined in §155.003; (3) Public utility buildings and structures; and (4) Family-care home or day-care home licensed by the State of Minnesota or such home for the care of the mentally or physically handicapped licensed by the State. § A40-3 CONDITIONAL USES. (A) Zone 1. No structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: 2 (1) Outdoor display or sales conducted by an occupant of a retail operation; (2) Private clubs and lodges not operated for profit; (3) Drive-through window in conjunction with a Class III Neighborhood Restaurant, when the following requirements are met: (a) The City Council shall find that any noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window does not negatively impact surrounding residential and institutional uses; (b) The drive-through lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site, as determined by the City Traffic Engineer; and (c) When a neighborhood restaurant is located less than 1,000 feet from residential or institutional use, the City Council may restrict the hours of operation of a drive-through window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles. (4) Tower as regulated in §155.385. (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: (1) Community-based family care home, day-care home not licensed by the State of Minnesota or a community-based care facility or day-care facility in a multiple dwelling unit 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 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 facilities; and (c) Such conditional use permit shall be reviewed at one-year intervals. § A40-4 PERMITTED ACCESSORY USES. (A) Zone 1. Within this zone, the following uses or uses deemed similar by the City Council shall be permitted accessory uses: 3 (1) Off-street parking, refuse storage and loading spaces, as regulated by this chapter; (2) 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 time necessary for such construction. Trash dumpsters shall be removed from the subject lot when full; (3) Essential public service facilities provided all yard requirements are met; (4) Delivery bays provided the bays are screened and oriented as required by the City Council; (5) One accessory structure when in conjunction with an outdoor commercial recreation facility subject to the following: (a) The accessory structure shall not exceed 1,300 square feet. (b) The accessory structure shall be within the delineated area of the outdoor commercial recreation facility. (c) The accessory structure shall be solely used for patron services of the primary use, such as restrooms or food and beverage service. (d) The architectural design and exterior building materials of the accessory structure shall be compatible with the primary building and shall be subject the building design regulations in this Section. (6) Outdoor dining area in conjunction with a Class I, and Class III restaurant, as regulated in §155.383; and (7) Interior trails and open space, subject to the conditions established in Section A40-6(A)(1). (B) Zone 2. Within this zone, the following uses or uses deemed similar by the City Council shall be permitted accessory uses: (1) Recreational or service areas for use by the residents of the premises; (2) Off-street parking, refuse storage and loading spaces, as regulated by this chapter; (3) 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 time necessary for such construction. Trash dumpsters shall be removed from the subject lot when full; 4 (4) Temporary sales office; (5) Essential public service facilities provided all yard requirements are met; and (6) Interior walkways and open space, subject to conditions established in Section A40-6(A)(1). § A40-5. MINIMUM AREA STANDARDS AND REQUIREMENTS. (A) The following standards and requirements shall be met. No improvements shall be placed on such lands unless the lands to be so used or improved shall meet the following minimum area and dimensional requirements: (1) TABLE OF MINIMUM AREA REQUIREMENTS AND STANDARDS. Requirements Zone 1 Zone 2 Lot Dimensions Lot area(square feet) 40,000 245,000 Minimum Building Setbacks (measured in feet) Along community or neighborhood collectors 40 40 Along any private street or drive' 30 30 Side lot line 15 20 Rear lot line 30 50 Minimum Parking Setbacks (measured in feet) Along community or neighborhood collectors 20 20 Along any private street or drive' 10 10 Side lot line 5 5 Rear lot line 5 5 Maximum Impervious Surface See § 155.350 See § 155.350 Maximum Building Height (measured in feet) 45 60 Maximum Number of Stories 5 'Setbacks shall be measured from the back of the curb along a private street. 5 (2) Lighting; see §155.353 (3) Off-street loading; see §155.354 (4) Building Design and Screening; see §155.346 and 155.348, except that (a) Building materials that do not comply with the building design and materials in this Chapter may be allowed by approval of City Council. (5) Signs; see Chapter 154. (6) Landscaping; see §155.349, except that; (a) Landscape upgrades or outdoor amenities may include increased tree diameter plantings, underground irrigation systems, public art, fountains, decorative paving, public benches, bike racks, fire pits, upgraded retaining wall material, electrical vehicle charges, recreation and services areas in conjunction with multi-family uses, and similar outdoor elements that enhance sense of place as approved by City Council. (b) Required Landscaping costs may be reduced by 1% of the Means Construction Cost of the building if landscape upgrades or outdoor amenities are incorporated into the landscaping plan of a development. (7) Parking; see § 155.370 through 155.379, except that (a) In Zone 1, indoor commercial recreation facilities with an associated outdoor commercial recreation facility shall have a minimum of 329 parking spaces. (b) In Zone 2, on-site parking for an apartment in which exclusively persons 55 years of age or older use permitted herein shall be provided at a rate of 1.1 spaces per unit, of which a minimum of one space per independent living unit shall be enclosed. (c) On street parking within private streets or roadways shall be prohibited. (d) Bicycle parking, in the form of bicycle racks that complement the building facade, shall be provided near commercial building entries, but shall not be located in a manner that could have an adverse impact on the ability to use pedestrian walkways in a safe and efficient manner. § A40-6. SPECIAL PERFORMANCE STANDARDS (A) In order to ensure a properly integrated design within the planned development, all uses shall comply with the following special performance standards: 6 (1) Trails and Sidewalks (a) Trails shall be installed for public use in order that public trails abutting or located surrounding the property are connected through the property. All public trails shall be placed within a dedicated easement or Outlot granted to the city. (b) All stormwater easements may be developed to include stormwater features, public trails or other open space elements. (c) The City Engineer shall review and approve all improvements within the stormwater and trailway easements. (d) All internal sidewalks shall connect to a public trail. Section 3. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 1144, 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. 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 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 publication of its title and official summary. PASSED by the City Council this 24th day of April, 2025. 004.- Clint Hooppaw, Mayor ATTEST: Christina M. Scipioni, Cit Jerk 7 CITY OF APPLE VALLEY ORDINANCE NO. 1144 AN ORDINANCE AMENDING CHAPTER 155, APPENDIX F OF THE CITY CODE BY ADDING ARTICLE 40, ESTABLISHING PLANNED DEVELOPMENT DESIGNATION NO. 1144, IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA The following is the official summary of Ordinance No. 1144 approved by the City Council of Apple Valley on April 24, 2025 Chapter 155 of the City Code is amended by adding Article 40 to Appendix F establishing Planned Development Designation No. 1144 which provides for certain retail business and high-density, multi-family housing uses, and regulation hereof 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 Municipal Center, 7100 147th Street West, Apple Valley, Minnesota 55124. 8 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF DAKOTA I do solemly swear that the notice, as per the proof, was published in the edition of the Dakota County Tribune with the known office of issue being located in the county of: DAKOTA with additional circulation in the counties of: DAKOTA and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/02/2025 and the last insertion being on 05/02/2025. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies 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 newspaper's circulation is in the IattcY county. / By. esignated Agent Subscribed and sworn to or affirmed before me on 05/02/2025 Notary Public Darlene Marie MacPherson Notary Public Minnesota My Commission F),pires Jan. 31, 2029 _ � • ji -�- : Y;�r.� a d;w--sty Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF APPLE VALLEY ORDINANCE NO. 1144 AN ORDINANCE AMENDING CHAPTER 155, APPENDIX F OF THE CITY CODE BY ADDING ARTICLE 40, ESTABLISHING PLANNED DEVELOPMENT DESIGNATION NO. 1144, IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA The following is the official sum- mary of Ordinance No. 1144 ap- proved by the City Council of Apple Valley on April 24, 2025 Chapter 155 of the City Code is amended by adding Article 40 to Appendix F establishing Planned Development Designation No. 1144 which provides for certain retail business and high -density, mufti -family housing uses, and reg- ulation hereof. 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 Municipal Center, 7100 14r Street West, Apple Val- ley, Minnesota 55124. Published in the Dakota County Tribune May 2, 2025 1466896 Ad ID 1466896