HomeMy WebLinkAbout03/04/2020•••
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Apple II
Valley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
March 4, 2020
PLANNING COMMISSION TENTATIVE AGENDA
ANNUAL BUSINESS MEETING
7:00 PM
1. Call to Order
2. Approve Agenda
3. Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A. Approve Minutes of February 19, 2020, Regular Meeting
4. Annual Business Meeting
A. Nominate and Approve Officers
5. Public Hearings
6. Land Use / Action Items
A. Consider Ordinance Amendments Related to Special Events, Temporary
Signage, and Mobile Food Units
7. Other Business
A. Review of Upcoming Schedule and Other Updates
Next Planning Commission Meeting - Wednesday, March 18, 2020 - 7:00
p.m.
Next City Council Meeting - Thursday, March 12, 2020 - 7:00 p.m.
8. Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel
180 and on the City's website at www.cityofapplevalley.org
App Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.A.
March 4, 2020
Consent Agenda
Description:
Approve Minutes of February 19, 2020, Regular Meeting
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
Approve minutes of regular meeting of February 19, 2020.
SUMMARY:
The minutes of the last regular Planning Commission meeting are attached for your review
and approval.
BACKGROUND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
FEBRUARY 19, 2020
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Vice -Chair Burke
at 7:00 p.m.
Members Present: Tim Burke, Keith Diekmann, Jodi Kurtz and David Schindler.
Members Absent: Ken Alwin, Tom Melander and Paul Scanlan.
Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community
Development Director Bruce Nordquist, Planner Kathy Bodmer and Department
Assistant Joan Murphy.
2. APPROVAL OF AGENDA
Vice -Chair Burke asked if there were any changes to the agenda.
MOTION: Commissioner Schindler moved, seconded by Commissioner Kurtz, approving the
agenda. Ayes - 4 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann, approving
the minutes of the meeting of February 5, 2020. Ayes - 4 - Nays - 0.
4. PUBLIC HEARINGS
A. Apple Valley Commerce Center — PC19-20-SB
Vice -Chair Burke opened the public hearing at 7:02 p.m.
Planner Kathy Bodmer stated this is the second review by the Planning Commission and the
Planning Commission may be prepared to make a recommendation. A couple of minor issues
remain related to landscaping and screening of the south side of the building, the disposition of
Outlot A, and how trash will be handled on site.
Scannell Properties #281, LLC and Menard, Inc. wish to realign shared lines between three lots to
reshape the Scannell parcel to create a buildable lot for construction of a 117,000 sq. ft. flex
industrial office/warehouse building. A rezoning is also requested to align the zoning district
boundaries with the new lot lines. The subdivision will help to reshape the Scannell lot to make it
more suitable for development. The property is guided for industrial development and zoned "I-2"
(General Industrial) and PD -1053, Zone 2.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 19, 2020
Page 2 of 4
The Scannell parcel is currently zoned "I-2" (General Industrial) while the Menard properties are
zoned PD -1053, Zone 2. Since the property lines are being moved, the zoning district boundaries
will also need to be adjusted to align with the new property lines.
Scannell and Menard both wish to keep their current zoning designations. The purpose of the
rezoning is simply to adjust the zoning district boundaries to align with the new property
boundaries.
Ms. Bodmer reviewed the preliminary plat, grading plan, parking requirements, water and sanitary
sewer, the revised storm sewer plan, landscaping plan and updated elevations.
Community Development Director Bruce Nordquist referenced the elevation plan and commented
that it makes for a better building design with a little bit more height in the panels, parapet and
entrances.
Dan Salzar, Scannell Properties, replied he would have their architect look at it.
Vice -Chair Burke closed the public hearing at 7:17 p.m.
MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann
recommending approval of rezoning Lots 1 and 2, Block 1 and Outlot A in
accordance with the rezoning map. Ayes - 4 - Nays - 0.
MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann
recommending approval of subdivision by preliminary plat of Apple Valley
Commerce Center, with the following conditions:
1. Drainage and utility easements shall be dedicated along all property lines as
required by City Code Sect. 153.29, except in cases where public utilities
require additional easement as determined by the City Engineer.
2. Existing easements dedicated for the City storm sewer trunk line shall be
vacated and replaced with a new storm sewer location and easement location
reviewed and approved by the City Engineer.
3. A proof -of -parking agreement shall be executed for the parking spaces that will
not be paved with initial construction in accordance with City Code Sect.
155.377.
4. Park dedication shall be satisfied by a cash -in -lieu -of -land dedication based on
the number of resident equivalents expected to be generated as a result of this
development in accordance with City Code Sect. 153.29.
5. Storm pond dedication shall be satisfied by the dedication of drainage and
utility easements and execution of a license agreement for site storm water
management.
Ayes -4 -Nays -O.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 19, 2020
Page 3 of 4
MOTION: Commissioner Schindler moved, seconded by Commissioner Kurtz recommending
approval of the site plan/building permit authorization for construction of a 117,000
sq. ft. flex industrial office -warehouse building subject to the following conditions:
1. Approval of the site plan/building permit authorization is subject to the
rezoning of the property and subdivision by preliminary plat of Apple Valley
Commerce Center.
2. Approval of the site plan/building permit authorization is subject to the
vacation and relocation of the existing trunk storm sewer pipe and easement on
the south side of the proposed site.
3. A nursery bid list shall be submitted at the time of application of the building
permit that confirms that the value of the landscape plantings meet or exceed
1.5% of the value of the full build -out of the building, based on means
construction data in accordance with City Code Sect. 155.349.
4. A roof cross-section drawing shall be submitted at the time of application of
the building permit that confirms that the roof top mechanical units are
screened in accordance with City Code Sect. 155.346.
5. All refuse and recycling shall be stored within the building or enclosed within a
container. All waste containers shall be completely screened with a wall that
matches the exterior material of the building in accordance with City Code
Sect. 155.348(C).
6. Owner shall provide evidence of executed Encroachment Agreement with
Magellan Pipeline and Great River Energy for work proposed within their
easements.
7. The final grading, drainage, sanitary sewer, water and storm sewer plans are
subject to review and final approval of the City Engineer.
Ayes -4 -Nays -0.
B. Ordinance Amending PD -739 Setbacks — PC20-02-Z
Vice -Chair Burke opened the public hearing at 7:19 p.m.
Planner Kathy Bodmer said staff views this amendment as a housekeeping item and is
recommending approval of the ordinance amendment.
An as -built survey was conducted after the Zvago Central Village project was constructed to
confirm compliance with the zoning code requirements. The 58 -unit senior cooperative on the
southwest comer of Galaxie Ave and 153rd Street was constructed 10' from both 153rd Street and
Founders Lane in accordance with the approved Zvago Site Plan. The setbacks do not meet the
setback requirements listed for PD -739. At the same time, setbacks for the Bigos Nuvelo
development on 153rd Street east of Galaxie Ave will also need to be updated to reflect the
approved site plans. Amending the PD setbacks will bring the PD requirements in line with the final
approved site plans.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 19, 2020
Page 4 of 4
In Planned Development zoning districts, setbacks and performance standards are negotiated to
achieve a higher -quality development than might be achieved under a standard zoning designation.
PD setback requirements are often established based on sketch or draft plans that must be further
refined once the final design of the building has been completed. The approved site plan had been
negotiated and approved, the property was rezoned with new subzones, but the setbacks were not
updated.
Vice -Chair Burke closed the public hearing at 7:24 p.m.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler
recommending approval of the draft ordinance amending the building setbacks in
Planned Development No. 739. Ayes - 4 - Nays - 0.
5. LAND USE/ACTION ITEMS
-NONE-
6. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next regular Planning
Commission meeting would take place Wednesday, March 4, 2020, at 7:00 p.m.
7. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Vice -Chair Burke
asked for a motion to adjourn.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler to adjourn
the meeting at 7:26 p.m. Ayes - 4 - Nays - 0.
Respectfully Submitted,
/s/ Joan Murphy
Joan Murphy, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
App Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4.A.
March 4, 2020
Annual Business
Description:
Nominate and Approve Officers
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
Nominate and elect the following officer positions:
1. Chair
2. Vice -Chair
3. Secretary
SUMMARY:
In accordance with City Code, the Planning Commission provides for an annual business
meeting, to be held following the City Council meeting at which new appointments to the
Commission are made. At the City Council meeting of February 27, 2020, existing
members Diekmann, Kurtz and Schindler were reappointed for a 3 -year term.
The purpose of the annual business meeting is to elect officers for the year and approve the
annual report from the previous year.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A
...
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App Valley
ITEM: 6.A.
PLANNING COMMISSION MEETING DATE: March4, 2020
SECTION: Land Use /Action Items
Description:
Consider Ordinance Amendments Related to Special Events, Temporary Signage, and Mobile
Food Units
Staff Contact:
Alex Sharpe, Planner and Economic Development Spec.
Department/ Division:
Community Development Department
Applicant:
City of Apple Valley
Project Number:
17-15-0
Applicant Date:
60 Days:
120 Days:
ACTION REQUESTED:
Recommend approval of the draft ordinance amending Chapter 155 for outdoor promotions,
outdoor special events, and mobile food units.
SUMMARY:
On February 5th the Planning Commission held a public hearing for a draft ordinance on
special events, temporary signage, and mobile food units. The ordinance applies only to
private outdoor events, and does not impact City sponsored events, or those occurring within
a park.
Staff is recommending two changes to the draft ordinance. The first relates to the total
number of non-profit commercial promotions. The draft ordinance allows non -profits to have
up to 12 promotional events per year, which was intended to coincide with the weekends of
the summer. However, upon review of past requests non -profits often seek to operate from
May - October with the total number highly dependent on weather. Staff is proposing
removing the total number of non-profit commercial promotions, but still requiring a permit
and documentation that the group is a non-profit.
The second change relates to those events which are not based within the City, but may have
City impacts. Most notably this is for bicycle athletic events where the cyclists may go
through Apple Valley, but do not have a hosted location within the City. The draft ordinance
required that these groups obtain a permit when having 350 or more cyclists. However, over
the past several years there have been several events which have exceeded 350 people, have
not obtained an Apple Valley permit, and have not had any adverse impacts to the City.
Working with the Police Department staff is recommending that an event with 1,000 or more
cyclists passing through the City require a permit.
The primary goal of this ordinance is to create a new classification of events because the
current code does not address the scope of the emerging larger spectrum of events. Past
experience by staff recognizes that simple neighborhood events such as sidewalk sales,
promotional sales, grilled hot dog/burger fundraisers have evolved. These events are still
popular, but are expanding into events with a larger scope that the code currently does not
recognize. The following are examples of these events.
• Employee team building with food trucks offering lunch that include customer and some
public participation.
• Shared parking promotional events with information, merchandise, and music.
• Amplified music programs that occur outdoors by religious institutions and businesses
in parking lots and grassy areas.
• 5K run/walk events which begin/end at a school, but are private events separate from
school functions and utilize public roadways, parks, and trails.
The attached draft ordinances allow the following:
• A shift to an Avolve/PIMS based permitting process with low fees for small events and
conditions for larger events which allow for reimbursement of City costs.
o City costs include hiring of officers to ensure event safety.
• Tracking of all events which will generate reports of experiences and a historical
record.
• Regulation of food carts (a rarity) and food trucks (a new trend).
• Continued City Council review of "community events".
• Staff review for smaller events (Community Development leading coordination with
Public Works, Parks and Recreation, Police, and Fire reviewing as needed).
• The draft ordinance has a threshold of events with 1,000+ persons projected at any one
time that triggers City Council review.
o After three years of staff experience staff is suggesting that this number increase
to 2,000 people as the City has reviewed multiple events with more than 1,000
attendees.
• A fee structure including:
o A low fee for electronic submission and review of business promotions and small
events,
o a fee structure for plan review and where City staff resources are reimbursed.
BACKGROUND:
In May and September 2018 the City Council provided staff direction on a draft ordinance
for Special Events, Outdoor Commercial Promotions, Temporary Signage, and Mobile Food
Units. Utilizing the draft code as a guide, staff issued four event permits in 2019, this has
resulted in staff learning several best practices, and potential alterations to the draft code.
In May 2018, City Council reviewed/approved the Park Event policy and procedure
application which manages events in City parks. These two processes have occurred on a
parallel track, the proposed ordinance changes relate to events which are not contained within
a park such as those in the right-of-way, on private business property, or at religious
institutions and school events. They would not apply to events which normally occur on
these properties such as outdoor religious services or pep rallies, but would apply to an
outdoor concert with amplified music or a marathon/5k.
As previously stated, the draft ordinance only applies to private events, and would not alter
the process for community sponsored events. Apple Valley has several community events,
often done in conjunction with sponsoring organizations such as the Chamber of Commerce,
Apple Valley Freedom Days Committee, and the Apple Valley Arts Foundation, that may or
may not be conducted fully within a park. Freedom Days, Oktoberfest, the Home and
Garden Expo, Music in Kelley Park, and the Farmer's Market are examples of events the
Council would continue to review separately.
Several current ordinance sections will require minor amendments to be consistent with the
draft ordinance. A summary of the amendments has been created to provide an outline of the
changes to these sections. The Planning Commission will not provide direction on several of
these ordinances as they are not within Chapter 155, Zoning; however, draft sections of these
amendments are included as supplemental material to understand the full scope of the
ordinance amendments.
To coincide with the draft changes to the promotions and events sections of the code, several
other chapters needed to be updated. These include temporary signs, right of way regulations,
transient merchant, and vending cart regulations. Each of these draft sections are attached to
this report.
One of the primary requests from the business community has been to allow for temporary
signage to not be tied to an event, and to increase the total number of days a temporary sign
is permitted. Previously, temporary signs had a duration of no more than 10 days for any
event and 30 days in total per year. The draft ordinance increases the time a temporary sign
is permitted in the City to 45 days per year and removes the requirement that the sign be tied
to an event. This allows businesses the flexibility to advertise for events lasting longer than
10 days, and coincides with the increase in the number of outdoor sales permitted.
Storage of commercial vehicles and their location on the business location is addressed in
this ordinance. The draft allows the storage of up to 3 passenger vehicles, and one non -
passenger vehicle on a commercial site. This allows for businesses like Geek Squad, Fan
Man, catering vehicles used by restaurants, and other businesses to store their vehicles on
their site, where current code does not permit this. The location of the storage shall be
determined in review with staff to prevent the vehicles from being parked in unsafe locations
or with the intent to have the vehicles become a "temporary" sign.
The planned ordinance changes are not in conflict with the Parks and Recreation policy and
procedures application. The following points illustrate shared goals and how these policies
review different outcomes:
• The Parks and Recreation application applies to events which occur primarily within a
park. The proposed ordinances apply to land outside of parks, both public and private.
• These code amendments work in tandem with park applications that may involve the
use of the right-of-way.
• Neither process applies to how liquor sales are managed as liquor sales are managed
through the City Clerk.
• The Parks application is being used as a model for the larger special events application
and has already been used for a potential upcoming event.
• Ordinance amendments are required to review and apply conditions to events occurring
on property outside of a park.
• Both processes will use the same staff review committee, but are managed by different
departments based on whether they occur in a park or on other property within the City.
BUDGET IMPACT:
At this time, staff is not bringing fee schedule changes forward. Once the Planning
Commission has provided direction on the planning related ordinances staff will work with
the Police Department and City Clerk to make appropriate fee schedule changes to address
private event costs to the City.
ATTACHMENTS:
Executive Summary
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Summary of Outdoor Commercial Promotions & Special Events
Outdoor Commercial Promotion
(Existing regulation §155. 358)
1
• A sale or business-related event
■ on commercial property
■ conducted by tenant/occupant of
commercial property
■ on the property that the tenant/
occupant's commercial use is located.
Examples: sidewalk sale; outdoor product
display; outdoor customer appreciation event
-OR-
• Fundraising sale or activity
■ conducted by a non-profit organization or
group
■ for purposes of fundraising for the
organization/group
■ that is sponsored by tenant/occupant of
the commercial property.
Examples: high school band car wash, boy
scouts' brat sale; girl scouts' cookie sales stand;
• If commercial promotion, the following
required:
■ Permit-- administratively issued by
Community Dev.
■ A business may have 4 outdoor sale/event
per year (4 permits per year) and each
promotion event/permit for duration up
tow days
■ Up to 12 permits per property are allowed
for fundraising events by an organization
(no more than 3 days duration) -separate
from any permit issued to business for its
outdoor business sale /promotion.
**Outdoor Food Sales (food truck, food
tent/stand, food cart): Allowed only in
connection with an event under a commercial
promotion permit or special event (temporary
outdoor event) permit.
Special Event (Temporary Outdoor Event)
(New proposed regulation)
1
• An outdoor cultural or entertainment
event
■ On public or private property in any
zone or within city ROW
■ Event open to the general public
■ Activities include any one or
combination of :
o Exhibition of arts, crafts or live
performance
o Amplified music (live or recorded)
o Amusement rides
o Amusement games/activities
o More than three (3) 3rd party food
or product vendors
Examples: farmers' market, art/craft fair or
show, street dance, music concert, fest or
festival, soap box derby or car rally
* Proposed Code section will also apply to
athletic events (marathon, walk rally, bicycle rally
or race) & parades.
**Any outdoor temporary event of this sort that
is to occur in a city park will be regulated by park
regulations and policy.
Special Events (Temporary Outdoor Event)
Summary of proposed regulations for an outdoor special event:
■ Permit- administratively issued by Community Development Director; application
subject to review/recommended approval by event committee (city department
staff members: police, fire, public works, zoning and building inspections)
■ Permit- Council approval is required when the event proposes the following:
o Anticipated attendance >30o persons
o Music or other amplified sound equipment operated after 10:00 p.m.
o Closure of city streets
o Fireworks/pyrotechnics display/exhibition
■ Permit application filed (with permit fee) 6o days before event
■ Site Plan of event grounds submitted and reviewed/approved by committee
■ All vendors must be identified and registered under the event permit
■ If event is on city property (non -park property) or within city ROW, event permit
holder must sign liability indemnification agreement
■ Event permit holder must obtain and provide proof of general liability insurance
coverage and liquor liability insurance coverage (if being sold/dispensed), naming
the City as additional insured
■ Event permit holder must pay/reimburse city for all costs incurred for city
personnel, services and resources in connection with preparation of or operation of
event (police presence due to traffic issues, public works costs due to post -event
clean up, fire/police personnel for on-site medical response team)
■ All event permits will have the following conditions: on-site first responder team;
amplified music restrictions; vendors registered; alcohol sales licensed and area
delineated; sign posting restrictions; all tents/canopies and stages comply with
Building Code; all food trucks, food stands and other heat/fire apparatus subject to
inspection and compliance with Fire Code
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155 OF THE CITY CODE REGULATING OUTDOOR
PROMOTIONS & SPECIAL EVENTS AND VENDING CARTS & MOBILE
FOOD UNITS
The City Council of Apple Valley ordains:
Section 1. Chapter 155 of the Apple Valley City Code 'amended by adding the following
definitions in Sections 155.03 to read as follows:
VENDING CART. A portable or non -permanent structure, enclosure, or stand or a non -
motorized vehicle self-propelled by the operator that used, maintained, or operated from which
food or beverage is prepared, served, or otherwise provided for human consumption and for sale
to the general public.
MOBILE FOOD UNIT. A vehicle mount
maintained, or operated from whichd or bevera
for human consum .tion and for saleeneral
t, eit A , otorized or trailered, that is used,
ed, served, or otherwise provided
Section 2. Chapter 155 of the
155.358 to read as follows:_.___
1 City
is amended by revising Section
§ 155.358 SPECIAL OUTD COM ° I��.®'' �'�L1#_TIONS.
An outdoor co rcial pr otion is les or other business-related event conducted
outdoors by a le ehold or owner occupant of commercial, industrial, or institutional property on
which the princi mmercial operation is located. An outdoor commercial promotion by a
leaseho r owner occupant of commercial property may include, but is not limited to: outdoor
product display, outdoor sidewalk sale, tent sale, outdoor customer appreciation event. An outdoor
commercial promotion is also a not -for fit organization fundraising event, such as a car wash
conducted by a high school team, a brat sale by a boy or girl scout troop.
Special An ®oor com
property zoning distrifr®®®ch
centers, sidewalk
shall only be by permit
cial promotions in on commercial, industrial, or institutional
t not limited to, tires at service stations, carnivals at shopping
utdoor displays and sales at service stations or shopping centers,
administratively approved by the Zoning
Administrator, subject to under the following condition:
(A) The outdoor commercial promotional sales app iven to the
owner of a business or his or her duly appointed representative shall be conducted by and in
connection with an occupant business on the subject property or by a not-for-profit organization
for a fundraising event on the subject property with the consent of the property owner;
(B) The approval permit shall be valid for a period not to exceed ten 00) days for
one outdoor promotion by an occupant business and no more than four (4) permits will be issued
in a calendar year to an occupant business. A permit to a not-for-profit organization for a
1
fundraising event on the subject property shall not be for more than three (3) consecutive days and
shall be sponsored by the property owner, or business on the subject parcel. Each business shall
:;idcwalk sales which shall not be allowed more than two times during a calendar year;
(C) The outdoor commercial promotions sales shall be conducted entirely upon the
owner' subject property in a manner that will not interfere with traffic circulation or otherwise
create a nuisance or safety hazard as determined by the Zoning Administrator;
approval for sidewalk sales;
(ED) A Ssidewalk sales shall be restricted
front of the store that is conducting the sale on the sid,
shall permit a minimum four -foot wide open sidew1
pedestrians; and
(FE) Failure to comply wit
area immediately adjacent to the
arking lot. The sales or display
t of each store at all times for
se regulations sha
sufficient reason to
, ��� ��� �
immediately revoke the approval approved pe ���_�.�d groun for denia °���l��ture permits.
Section 3. Chapter 155 of the alley City Code is amended by adding Section
155.361 to read as follows:
155.361 PARADES,
EVENTS
(A) Purpose. An
private individuals and or
general public have been requ
the nature of the events have r
otherwise necessary in the ab en
restrictions, tfic direction
services for th ration of a
general public h� safety an
participants, attended the
as to preserve and pro
the best interest of the ci
PORARY OUTDOOR
ber of events sponsored by private individuals, groups of
ving a large number of participants or attendees of the
the city. The sponsors of the events have requested or
ed city services or resources which would not have been
cep, ch event, including but not limited to, street closures or
co �a��e�� city personnel resources, city resources to provide
ial event in whole or part, and other city services to protect the
elfare due to the occurrence of a special event. To protect the
ral public involved in or affected by the special event, as well
s property, streets, sidewalks and trails, and resources, it is in
ablish a temporary outdoor event permit process, together with
rules and regulations for thy. operation of a temporary outdoor event under the permit. Events
subject to this section may include, but are not limited to: parades; athletic events such as a
marathon, walk or run event, bicycle rallies or races; farmers' markets; art or craft fairs; festivals;
or street dances, parties or fairs, provided the event meets the permit requirement criteria set forth
in (C) herein.
(B) Definitions.
2
APPLICANT shall mean any person, organization or entity applying for a temporary
outdoor event permit from the city to conduct a temporary outdoor event governed by this section.
ATHLETIC EVENT shall mean an event in which a group of persons collectively engage
as participants to an organized event in which the group walks, runs, skates, skis or cycles as part
of a race, cause or other reason within a public right-of-way, including sidewalks and trails or use
of city property in whole or part for the event within the city. For purposes of this section, an
athletic event may be a timed or an untimed event or it may or may not involve an award of prizes
for the top finishers. For purposes of this section, an athletic event does not include a group of
individuals walking, running, or cycling solely for personal,ise or organized team practice
that is not in connection with an organized or sponsore!i t open to the general public for
participation.
BLOCK PARTY shall mean a festive gathering of person 1,. in a public or private street
requiring the closure of or restriction on the street, or a portion there i+ vehicular traffic and the
attendance is open to the general public, including, but not limited tet dances, barbecues,
picnics, music, games and gathering. A block part Ain a res ntial neig ® ood that is hosted
occupantsp �! 1 *ffi�'��*' p g ®��'� ay in which the
and attended bythe of the pro erties loc. ����. o��a���>- ubhc rl h �����a
block party occurs shall not be deem
is required under this Section, provi
and director of public works pursuant
block parties.
a
ock party
party pe
nd re
OTHER TEMP
public whic
or trail. Fo
a farmer's market, art a
street dance or fair; music concert; festa
or wares are sold or provided to atten
purpose is to advertise or sell a product
establishment or ve
temporary outdoor e
outdoor event permit.
ub
1S
athleticoth
ch a temporary ou oor event permit
has been issued by the police chief
ns established for neighborhood
orary outdoor event.
Y OUTDOOR E T shall mean an event open to the general
pri property or h.ublic right-of-way, including any sidewalk
section, other temporary outdoor event includes, but is not limited, to
ft fair o how; block party; soap box derby; motorized vehicle rally,.
or fest or similar event in which food, beverages, goods,
For purposes of this section, an event which its sole
ood, ware, or merchandise of an individual business
r and is designed to be held solely for private profit will not be deemed a
or which a permit may be issued and will not be eligible for a temporary
OUTDOOR EVENT PERMIT COMMITTEE shall mean a committee comprising of a city
employee duly appointed by the director of each of the following city departments: parks and
recreation, police, fire, public works, community development, administration, and city clerk.
PARADE shall mean any movement of vehicles, persons, or animals, or any combination
thereof, which either moves together or as a body as an intended procession or group. The term
"parade" shall not include any organized marathon, walk or run event or bicycle event which is
otherwise defined as an "athletic event" herein.
3
PERMITTEE shall mean any person or organization or group issued a temporary outdoor
event permit by the city.
PROCESSION shall mean the act of moving along or proceeding in orderly succession or
in a formal, organized or ceremonious manner.
PUBLIC RIGHTS-OF-WAY shall mean the entire area dedicated on a plat or contained in
an easement or other conveyance or grant to the city for purposes of public vehicular and pedestrian
traffic and shall include, but not be limited to: streets and roadways; boulevards; sidewalks; trails;
alleys; and other public property between lateral property lines in which a roadway lies.
(C) Permit required.
(1) A temporary outdoor event permit is requir
(a) Athletic event that is propos
way and are timed or for which prizes are a
of participants, which include, but are not limit
and cycle rallies or races, that occur in whole or
n cotion with any of the following:
ccur within city p ,• . erty or public rights -of -
to the top finishers, r • ardless of the number
marathons walk, run ate, or ski events,
;phi. cit streets.
(b) Athletic event that is proposed to occur within city property or public rights-of-
way and are not timed or for which prizes are not awarded to the top finishers, but anticipate 2,000
or more participants in a walk/run event or 1,000 or more cyc ' in a cycle event that occur in
whole or part within city streets.
(c) Evr which street or intersection closures or restrictions are required as
determined by the city oay be re.uested by th event sponsor, unless otherwise excluded by
definition o in thi
(d) Para
e) Events to occur with`®° e city that are open to the general public in which one
or a combination of the following activities are to occur: more than three (3) registered vendors,
exhibition of arts, c
or amusement game
not limited to: city pers
or live performance, amplified music (live or recorded), amusement rides,
vities which thereby may require the use of city services, including but
, city utilities, public safety personnel, use of city traffic controls and
devices, sanitary facilities, solid waste disposal facilities, clean up and restoration of city property,
that would not otherwise be necessary in the absence of such temporary outdoor event.
(2) A temporary outdoor event permit is not required for the following:
(a) Funeral procession;
(b) A governmental agency activity within the scope of its duties;
4
(c) Any event held wholly within the boundaries of an Apple Valley park, inside a
park building or involving the use of a specific park amenity exclusively (e.g. a ball field/complex,
civic center, ice arena, park pavilion) for which a park facility permit is issued; or
(d) Any untimed bike event that commences outside of, but travels through the City
of Apple Valley, and has fewer than 50 participants within the city at any one time and does not
require city services or resources, provided:
(i) The organizer shall submit to the Zoning Administrator written
certification that fewer than 50 participants will be within the cit at any one time; and
(ii)All participants shall obey a ic laws.
(D) Permit issuance.
f1) The Zoning Administrator is
in accordance with this section that does not
Administrator shall approve, conditionally appro
event permit in accordance with the !rovisions of
by the temporary outdoor event pe
shall establish and amend, as necess
this section and all events under a tem
city council.
sized to issue to
se require city co
deny an application
ec •on. All applicati
ary outdoor event permit
approval. The Zoning
temporary outdoor
all be reviewed
mittee. The
and regu
t
r event
orary outdoor event i ermit committee
oris governing the implementation of
it, subject to the adoption by the
(2) A temporary outdoor event permit m IIIi9 , issued only upon city council
approval when the ou'c, event involves the one or more of the following:
event:
s are reasonably expected or anticipated to attend the
b) Oter than a . ers market or flea market, the event plans to have more
than 3 vendor&r 3 activities, or a combination of both;
(c) The event plans to provide live or recorded amplified music or sound;
(d The event plans to terminate activities later than 10:00 p.m.;
(e) The event proposes to close a public street classified as a minor collector
or higher classification; or
(f) The event intends to have a fireworks display/exhibition.
(3) A temporary outdoor event permit shall be denied if the temporary outdoor
event committee determines that one or more of the following exists based upon the application
and other pertinent information received:
5
(a) The application, along with the application fee, was filed with the city
clerk after the filing deadline date as set forth in this section and there is insufficient time to process
and review the application or provide the necessary city services required for the proposed event.
(b) Information contained in the application, or supplemental information
requested from the applicant, is found to be false in any material detail.
(c) The applicant/sponsoring organization of the event has, within the
preceding 24 months, violated a previously issued temporary outdoor event permit or its
conditions, including the rules and regulations applicable to temporary outdoor event permits,
violated any term or condition of any previous park facility t or reservation to use the city's
property, or violated any city or state law in connection 4� e use of city property or public
rights-of-way.
(d) The applicant failed to complete or s:7 � e application form by the
required deadline after having been notified of the additional infor ® ' or documents required,
including the provision of traffic and emergency plans.
(e) The traffic lan or emergen , p .'n su . mitted by t
meet the approval of the chief of po director of puic works.
licant does not
(f) The sole pu e o event is advertise or sell or attempt to sell
goods, wares, or merchandise of an individual business establishment or vendor and is designed
to be held solely for prof . This provision does not apply tcc the sale of products, goods,
wares, or merchandi part armers' market, art or craft fair, or the like or as a vendor
registered for an even fitted hereunder and does not apply if the advertising is secondary to
or as a sponsoring orgam ati.n of the event.
and ord
ata time
(g) The time, route;" !!P o e event will substantially interrupt the safe
ovement of traffic co uous to vent site or route or disrupt the use of a street
it is usually subject to t traffic congestion.
When the grounds or denial of an application for permit based upon
subsections (a) thh (g) above can be corrected by altering the date, time, duration, route, or
location of the event, the Zoning Administrator may, instead of denying the application,
conditionally approve the application upon the applicant's acceptance of conditions for permit
issuance based upon the revised date, time, duration, route, or location of the event in order to meet
the subsections above.
(E) Permit application procedure and fees.
(1) Filing of application. An application for a temporary outdoor use permit shall
be on a form provided by the city and contain all information requested therein and shall contain
such other information as the city may require. The application shall be filed along with a non-
refundable permit application fee in the amount set by city council resolution. When the temporary
outdoor event permit committee finds that supplemental information is reasonably necessary in
6
order to act on the application, the applicant shall file with the Zoning Administrator all
supplemental information requested within five business days of the request.
An application for a temporary outdoor use permit shall be filed with the Zoning
Administrator no less than 60 days prior to the proposed event date. In calculating the 60 days, the
date on which the application is filed and the day of the event shall not be counted. If an application
is filed after the filing deadline or the filed application is not signed or fully completed, the permit
application shall be denied, unless (1) the Zoning Administrator, upon a showing of good cause
by the applicant, has first determined that there is sufficient time to review and process the
application and provide the necessary city services required for the proposed event; and (2) the
City Council, provided sufficient time exists for placement o egular council meeting agenda,
approves the issuance of the permit.
(2) Application Information Required. In addi o the information requested on
the city's application form, the applicant shall submit as part of the plication the following:
(a) A detailed site plan, to ale, depicting the following:
(i) The entire area of the property on which the event will occur
Ln of all vendors or other event booth or tents, identifying
each type of vendor booth, cart or mod unit
(iii) If the
paces beim occu.ied b ent.
(i •!®•posed
area and immediately adja ent to tvent are
rring in king lot, the number of parking
nd
ian traffic flow within the event
that are proposedtobe close
the public rights -of way.
f all restroom facilities for the event.
cation a
of all refuse containers to be placed
i) cation of any access points into the property from streets
If music or other am .lifted sound is proposed to occur for the
event, the location ohe amplified equipment (speakers).
®�����•f all vendors proposed to be participating int e event, including
any food, beverage, goods a wares, and description of type of service (e.g. vendor table/booth,
tent, vending cart, mobile food unit). Identification of each vendor shall include the vendor's
business name, contact name, type of product or service to be vended and type of vending structure
or stand.
(c) If music or other amplified sound is proposed to occur for the event,
identify the amplified sound proposed, the hours to occur and the location of all equipment.
7
(3) Requirements upon approval, but before issuance of permit. Upon the approval
of the application, but prior to the issuance of the permit, the applicant shall submit to the city the
following:
(a) If the event is to occur on city property or within city right-of-way, the
permit applicant and authorized officer of the sponsoring organization, if any, shall sign an
indemnification agreement with the city as prepared by the city under which the
applicant/permittee/sponsoring organization agrees to (1) defend the city against and indemnify
and hold the city harmless from any liability, action, cause, suit, or claim by any person resulting
from any damage or injury occurring in connection with the permitted event; (2) reimburse the
city for any costs incurred by it in repairing damage to city property or public rights-of-way
occurring in connection with the temporary outdoor event; and (3) to reimburse the city for all
expenses and costs incurred by the city for its services related to the event that are not otherwise
covered or in excess of the city services/resource fee deposit paid the applicant.
(b) The applicant/spon
maintain commercial general liability insuran
organization oevent shall obtain and
an occurrence basis tect against loss from
liability imposed by laws for damages on accounodily injury or prope mage arising from
the event. Such insurance shall name the City of Valley on the policy endorsement,
as additional insureds. The insurance coverage shall be maintained for the du on of the event
with a minimum $1,000,000.00 combined si e le limit and a minimum $2,000,000.00 aggregate
limit.
If food or non-
permittee or a registe
liability in an amount
•�®��
everages are sold • ��������wide the event, whether by the
surance policy shall . �1!bh. lude an endorsement for product
000,000.00.
If al
include
�!���®
regulatit�s��• overning t
A co
Valley as an a
(30) days before t
filed with the city
rovide t the event, the insurance coverage shall
liabi ity in an amount as otherwise required in the city's
nsing of alcoholic beverages.
the policycertificate of insurance, clearly identifying the City of Apple
nal insured, �� all be filed with the Zoning Adminstrator not less than thirty
to of the event. If a copy of the policy or the certificate of insurance is not
red herein, the permit shall not be issued and the event shall not occur.
(c)
approval of of the application for a temporary outdoor event permit,
the Zoning Administrator shall provide the applicant with a statement of the estimated cost of the
expenses incurred by the city in connection with providing city personnel, services and resources
necessary for the event. The applicant/permittee shall be required to pay, as deposit of the city
services/resources fee, the amount equal to 125 percent of the estimated costs as determined in the
statement no later than thirty (30) days prior to the date of the event. If the applicant/permittee fails
to remit the payment of the city services/resources fee deposit as required herein, the permit shall
not be issued and the event shall not occur. The city services/resources fees shall be in the amounts
as set by city council resolution.
8
(d) Upon approval of the application, and not less than fourteen (14) days
prior to the event, the applicant/permittee shall notify in writing all properties abutting any public
rights-of-way in which the event will occur and said notice shall advise of the event, including the
date, duration of time and any street restrictions imposed as a result of the event. The applicant
permittee shall also post signs, as approved by the city, at all affected street intersections.
(F) Conditions of permit. All temporary outdoor events permits shall be subject to the
following conditions:
(1) The permittee shall comply and conduct the event in compliance with all
conditions imposed with the issuance of a temporary outdo nt permit. The permittee, or an
authorized designee, shall establish in advance of the ev maintain at all times during the
event means to have immediate contact with and access by y staff.
(2) The permittee/sponsoring organization of the ���. shall be responsible for the
conduct of all employees, agents, or volunteers working in the e and shall take all steps
necessary to ensure the employees, agents, or volunteers working in :vent comply with the
® ®��
permit conditions set forth in this section and all conditions s ��s orth in the®���� it.
(3) The event shall
specifically assigned to the event if dee
nature of the event.
an emerg
cessary b
edical first respo` 'e team on site
olice chief or fire chief due to the
(4) The pe shall compl
regulations relevant the event, i uding anpro � iJ. laws and regulations.
cou
state and federal laws and
(5) No electronic sound system or
®��®����
produce or reproduce audio sounds �e��a�®����® sed unl
all use shall be in accorW . ce with permit ter
io equipment or any other device designed to
specifically approved under the permit and
(6) No sale,urni of food or non-alcoholic beverages shall occur at the
temporary ou oor event, ung the v r is a registered vendor under the event permit, the
vendor possesses all required lidses fro the State of Minnesota and the vendor complies with
the vending cart anobile fooI it regulations elsewhere in this Chapter.
(7) No sshing of alcoholic beverages shall occur at the event unless a
license is first obtained frocity. Provided the appropriate license has been issued for the sale
or furnishing of alcoholic beverages at the event, the sale shall be subject to all city and state laws
relative to the sale or furnishing of alcoholic beverages and shall be conducted in accordance with
the licensed conditions.
(8) No sale of any goods, products or merchandise shall be sold at the event unless
the vendor is a registered vendor under the event permit.
permit.
(9) No signs or banners shall be posted unless specifically approved under the
9
(10) No public rights-of-way, including sidewalks, trails and paths, shall be written
upon or otherwise marked with any permanent substance. A fee, the amount of which shall be duly
adopted by council resolution, will be charged to the event organizer if this provision is violated.
(11) All tents and temporary membrane structures in excess of 200 square feet and
canopies in excess of 400 square feet shall be subject to a building permit.
(G) Unlawful acts.
(1) It is unlawful for any person to sell or offe
an event or along the route of any parade or athletic event
event permit. This provision shall not apply to the parad
Freedom Days.
ale any food or merchandise at
°the vendor is registered under the
connection with the Apple Valley
(2) It is unlawful for any person to participate in an as®I!fli lage within the vehicular
travel portion of any public right of way unless it is in connection an event for which a
temporary outdoor event permit or block party permit has been issuehe city and is not
otherwise in violation of any traffic direction or control order of a police of
Section 4. Chapter 155 of the
155.362 to read as follows:
155.362 VENDING
11111111111111111111111111111111111111111
ley City
OBIL
H11=11111111111
1111111111111111111111111111111111111111111 111111111111111111111111111111111111111111
is amended by adding Section
OHIBITED; EXCEPTIONS.
(A) No vending cart or mobile food unit shall be permied to operate for the direct sale of
food or beverage therefro to the general public at any location within the city, except when
operated unlowing circu
commercial promotion as defined in and in
accordance with the regulati !r. they IOL this Chapter;
(2)Aspart of and �° a reg vendor for a communityfestival or permitted
� geg °�"�
temporary outdoor event as defi in and in accordance with the regulations thereof in this
Chapter; or
(3) As partvate event or gathering not open to the general public and no
direct sales of food or beverage to the event guests are occurring, rather food or beverage is
served or provided to guests gratuitously by the event host, such as graduation party, family
reunion, company picnic or party.
(B) The operation of any vending cart and mobile food unit permitted under this Code
shall be subject to the following requirements:
10
(1) No vending cart or mobile food unit from which sales are being offered shall
be parked within a public or private street unless part of a temporary outdoor event for which a
permit has been issued and only if approved in writing by the Director of Public Works.
(2) All electrical and gas fixtures and hook-ups shall be subject to the inspection
of the Fire Chief or designee and shall comply with the Minnesota State Fire Code. No vending
cart or mobile food unit shall operate at an approved event if found not in compliance with the
Minnesota State Fire Code and directed to cease operation by the Fire Chief or designee.
(3) The vending cart or mobile food unit shall have a valid license, if so required
as a food or beverage service operation/establishment from t
of Health and the license shall be conspicuously posted o
the city.
e of Minnesota -Department
rt/unit during operation within
(4) The operator of the vending cart or mobile foo
gray water daily if the event is more than a one day event. No gray
vendor's operation shall be disposed, drained or dumped into a storm
(5) In addition to any si • nage impri
unit, each vending cart or mobile fo ZC�� operation
following requirements:
cart/unit;
The
(a)One (1) sandwi
;t shall properly dispose its
or other waste from the
or upon the ground.
vending cart or mobile food
detached signage, subject to the
n not exceeding eight (8) square feet;
b The sign shall be e gra nd and within ten (10) feet of the
the sidewalk/trail an
placed within the public right-of-way, including
, unless allowed by a permit issued by the City; and
(d)Th�1,, shall not project from the vending cart or mobile food unit or
located on the rf the mob'; +od um
(6) No
operator of a vending c
equipment.
r sound or message(s) shall be emitted from or by the
ile food unit by any electronic sound system or audio
(7) Two (2) refuse containers, each not less than 32 gallons, shall be provided and
kept in clean and usable condition within 10 feet of the cart/unit.
(8) The site immediately surrounding the cart/unit shall be kept in a clean, neat
and orderly manner during the event and shall be cleaned and all refuse removed upon
completion of the operation.
(9) A mobile food unit with a fire suppression system under the cooking hood
shall have the system tested and tagged in accordance with applicable codes. A mobile food unit
11
must have at least one (1) 2A:20BC fire extinguisher in the mobile food unit. If deep frying
occurs in the cart/unit operation, then the operator must have at least one (1) Class K fire
extinguisher in the mobile food unit. Each fire extinguisher must display an inspection tag dated
within the past 12 months.
(10) Tents and temporary membrane structures used with or as the vending cart
having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be
subject to a building permit.
(C) No mobile food unit shall be parked or stored when not in operation on any
residential property, within or outside of a garage or other storbuilding. A mobile food unit
may be parked or stored outdoors when not in operation on �� `operty zoned as Business Park
(BP), Industrial (I-1 & I-2), or a Planned Development f.A__ � uses pursuant to a conditional
use permit issued by the City.
Section 5. Chapter 155 of the Apple Val
155.375 to read as follows:
y Code is a ed by revising Section
§ 155.375 USE OF OFF-STREET SPACES.
Required off-street parking space in commercial, ef-industrial, or institutional districts,
including those within a planned development district, shall be utilized for open storage of
goods, overnight parking of vehicles, storage of vehicles or for ' icles which are inoperable, or
for lease, rent or sale, ex���! I j re otherVise permitte
Notwithstand rig e foregoing, the oc upan f a pro zoned for commercial,
industrial or institutional uses may store up to thr (3) passenger motor vehicles or one (1) non -
passenger motor vehicle on the property,- provide each vehicle is (1) owned or leased by the
occupant, (2) regularly used in connection with and as an integral component of the operation of
the principal use on property, (3) is not larger than the footprint of a standard passenger
vehicle parking stall, except the one pe fitted non -passenger motor vehicle shall not be larger
than the aggr- ��.te footprint of the len f two (2) contiguous parking stalls, and (4) parked and
stored in a dei ted parking spaces as owed by the city. In no case shall the number of
permitted storekcles under this paragraph exceed three for any given parcel of record. This
exemption does no permit the outdoor storage of equipment, trailers, recreational vehicles,
recreational camping vehicles, otorcycles or other similar vehicles, semi -tractors, or vehicles
for sale.
Section 6. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. " 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 7. 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.
12
Section 8. 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 9. 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 day of 2018.
ATTEST:
Hamann-Ro'�s° Mayor
Pamela J. Gackstetter, City
13
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155 OF THE CITY CODE REGULATING OUTDOOR
PROMOTIONS & SPECIAL EVENTS AND VENDING CARTS & MOBILE
FOOD UNITS
The following is the official summary of Ordinance No. passed by the City Council of Apple
Valley on , 2018:
Chapter 155 of the City Code is amended to add dens for vending carts and
mobile food units. Chapter 155 is also amended to cla ulations of outdoor
special events and commercial promotions. Cha ter 155 is a nded to add new
permit provisions and regulations of outecial events op \o the public.
Chapter 155 is amended to allow ove I .arking of business ve icles in off-
street parking areas. Chapter 155 of the 7�;; ode is a ended to regulate operation
of vending cart and mobile food units.
A printed copy of the ordinance is a
hours in the office of the City Clerk at
Apple Valley, Minnesota 55124.
r inspect
Valley M
any person during regular office
•al Center, 7100 147th Street W.,
14
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 154 OF THE CITY CODE REGULATING TEMPORARY SPECIAL
EVENT AND PROMOTIONAL SIGNS
The City Council of Apple Valley ordains:
Section 1. Chapter 154 of the Apple Valley City Code is amended by revising the
following definition in Section 154.02 to read as follows:
PROMOTIONAL CIVIC EVENT SIGN A temporary sign which shall not exist for more than
30 days which promotes a special school, city or other civic events, celebration or festival
promotions limited to city celebrations, Christmas tree sales, Fire Department's Booya and
special school events.
Section 2. Chapter 154 of the Apple Valley City Code is amended by revising Section
154.03(E) to read as follows:
(E) Promotional Civic event sign.
(1) Special civic promotions or events. In promotion of a special school, city or
other civic event, celebration or festival, two ground signs not exceeding 32 square feet in area,
for each sign, are permissable permissible no more than 30 45 days before the first day of an
event, celebration or festival and shall be removed immediately upon the completion of the
event, celebration or festival. Signs permitted under this division provision may be located in
any zoning district subject to the permission of the property owner.
(2) Christmas tree salt signs. Any signs in connection with Christmas tree sales
shall be subject to the regulations thcrcof in Chapter 11'1.
Section 3. Chapter 154 of the Apple Valley City Code is amended by revising Section
154.04(I) to read as follows:
(I) Other Temporary special event or promotion signs. The following additional signs
arc permitted under this section, subject to the restrictions thcrcof. Professionally manufactured
banners, streamers, and balloon or other temporary signs are permitted, upon the issuance of a
permit from the city therefor, in commercial, industrial and institutional zoning districts for the
purposes of promoting commercial special promotions, sales or events or promoting temporary
outdoor special events as defined in the zoning regulations. Such temporary signs shall also be
permitted on properties located in the "M-4" to "M-8" zoning districts that are used for multiple
residential apartments or rental unit buildings under single ownership in order to advertise
such properties or units for rent or lease. Any banner, streamer and balloon The temporary sign
permitted hereunder shall be located upon the site of the promotion, sale or event and shall be
removed no later than 15 days after the first day of the special promotion, sale or event will not
be permittcd in any one location more than 30 days per calendar year. A sign allowed by permit
under this provision shall be removed within 24 hours of expiration of the permit. Any
person/entity seeking a temporary sign permit hereunder shall be limited to no more than 45 days
per calendar year for placement of a single sign or multiple signs throughout the year. Such
temporary signs shall not include lit, portable, or handmade signs.
Section 4. Chapter 154 of the Apple Valley City Code is amended by revising Section
154.05(G) to read as follows.
(G) Advertising or billboard signs; prohibited. No advertising or billboard sign which
directs attention to a business, commodity, service or entertainment shall be placed or located
within any street rights-of-way. No advertising or billboard sign shall be on property other than
the premises on which the business, commodity, service or entertainment is located.
Section 5. Chapter 154 of the Apple Valley City Code is amended by revising Appendix
B to read as follows:
APPENDIX B: TEMPORARY SIGN SIZES
The following are size regulations for all temporary signs.
Sign Description
Pylon
Sign
Ground
Sign
Building
Sign
Maximum Area(s q. ft)
Construction
1
32 in any district
Real estate
1
1
6 in residential district;
16 other districts
Development
1
80 in any district
Noncommercial
1
32 in any district
Promotional Civic Event
1
32 in any district
All other temporary
32 in permitted districts
signs
Section 6. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. " 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 7. 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 8. 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 9. 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 day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 154 OF THE CITY CODE REGULATING TEMPORARY SPECIAL
EVENT AND PROMOTIONAL SIGNS
The following is the official summary of Ordinance No. passed by the City Council of Apple
Valley on , 2018:
Chapter 154 of the City Code is amended to clarify regulations allowing temporary
signs for school, city/civic events, celebrations and festivals. The amendment also
revises permitted duration of temporary signs for outdoor commercial promotions
and outdoor special events for consistency with the new/amended regulations of
those outdoor events in Chapter 155 of the Code.
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.
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 118 OF THE CITY CODE REGULATING VENDING
CARTS
Section 1. Chapter 118 of the Apple Valley City Code is amended by revising Section
118.01 to read as follows:
No person shall operate a mobile vending cart without first obtaining a license from the
city as provided in this chapter. Each vending cart must be separately licensed and a person may
operate only at the location specified in the license. No license shall be required for a vending
cart or mobile food unit when operated under the following circumstances:
(A) As part of a permitted promotional sale as defined in and in accordance
with the zoning regulations in this Code;
(B) As part of a community festival or permitted temporary outdoor special
event as defined in and in accordance with the zoning regulations in this Code;
(C) As part of a private event or gathering not open to the general public and
no sales of food or beverage to the guests are occurring.
No mobile food unit shall be permitted to operate for the sale of food or beverage
therefrom to the general public at any location within the city, except as otherwise permitted in
conjunction with an outdoor commercial promotion or outdoor special event in accordance with
the zoning or other regulations in this Code.
Section 2. Chapter 118 of the Apple Valley City Code is amended by revising the
following definition in Section 118.02 to read as follows:
VENDING CART. The phrase "vending cart" shall mean any structure used for the
.. .. - - - - :. ... ..... . a portable or non -permanent
structure, enclosure, or stand or a non -motorized vehicle self-propelled by the operator that is
used, maintained, or operated from which food or beverage is prepared, served, or otherwise
provided for human consumption and for sale to the general public.
Section 3. Chapter 118 of the Apple Valley City Code is amended by adding the
following definition in Sections 118.02 to read as follows:
MOBILE FOOD UNIT. A vehicle mounted unit, either motorized or trailered, that is
used, maintained, or operated from which food or beverage is prepared, served, or otherwise
provided for human consumption and for sale to the general public.
Section 4. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
2
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 114 OF THE CITY CODE REGULATING PEDDLERS,
SOLICITORS, AND TRANSIENT MERCHANTS
Section 1. Chapter 114 of the Apple Valley City Code is amended by revising the
following definition in Section 114.01 to read as follows:
TRANSIENT MERCHANT. A person who temporarily sets up business out of a
vehicle, trailer, boxcar, tent, or other portable shelter, or empty store front for the purpose of
exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares,
products, merchandise or other personal property and who does not remain or intend to remain in
any one location for more than 14 consecutive days.
Section 2. Chapter 114 of the Apple Valley City Code is amended by revising
Sections 114.02 (B) to read as follows:
(B) The following shall be exempt from the definitions of PEDDLERS,
SOLICITORS, and TRANSIENT MERCHANTS: In addition, pPersons conducting the type of
sales commonly known as garage sales, rummage sales or estate sales;., as well as those persons
participating in an organized multi -person bazaar or flea market,; persons participating as a
vendor in a promotional sale or temporary outdoor event as defined in and in accordance with the
zoning regulations of this Code or as may be permitted under this Code; shall be exempt from
the definitions of PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS, as shall be
anyonc person conducting an auction as a properly licensed auctioneer, or any officer of the
court conducting a court-ordered sale. Exemption from the definitions for the scope of this
chapter shall not excuse any person from complying with any other applicable statutory
provision or local ordinance.
Section 3. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 96 OF THE CITY CODE REGULATING
OBSTRUCTIONS AND EXCAVATIONS WITHIN PUBLIC PROPERTY OR
PUBLIC RIGHTS-OF-WAY
Section 1. Chapter 96 of the Apple Valley City Code is amended by revising Section
96.06 (B) to read as follows:
(B) Public nuisance declared. Any obstructions or excavations within a public
right-of-way or public grounds, except under a permit issued by the city, constitute a public
nuisance. It shall be unlawful for any person to place or make any obstruction or to excavate
within any public right-of-way or public grounds unless the city grants, in its sole discretion, a
written permit therefor. This section shall not apply to a lawfully registered motor vehicle
pursuant to M.S. Chapter 168 that is lawfully parked in the roadway portion of the public right-
of-way or upon a portion of a driveway within the public right-of-way, provided the motor
vehicle is not blocking any portion of a sidewalk or trail. Mobile food units, as defined
elsewhere in this Code, from which sales or attempted sales are being conducted therefrom shall
not be deemed to be a "lawfully registered motor vehicle" for purposes of the exemption from
this Section. This section shall not apply to excavations in the boulevard area of a public right-
of-way in connection with installation of mailboxes or irrigation systems and planting of trees.
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 94 OF THE CITY CODE REGULATING PUBLIC
NUISANCES
Section 1. Chapter 94 of the Apple Valley City Code is amended by revising Section
94.17(H) to read as follows:
(H) Any use of property abutting on a public street or sidewalk or any use of a
public street or sidewalk which causes large crowds of people to gather, obstructing traffic and
the free use of the street or sidewalk, unless otherwise in accordance with an event authorized by
permit issued by the city or other regulation of this Code;
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 71 OF THE CITY CODE REGULATING OFF-STREET
PARKING SPACE IN COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL
DISTRICTS
Section 1. Chapter 71 of the Apple Valley City Code is amended by revising Section
71.19(C) to read as follows:
(C) Required off-street parking space in commercial, ef-industrial, or institutional
districts, including those within a planned development district, shall not be utilized for open
storage of goods, overnight parking of vehicles, storage of vehicles or for vehicles which are
inoperable, or for lease, rent or sale, except where otherwise permitted.
Notwithstanding the foregoing, the occupant of a property zoned for commercial, industrial or
institutional uses may store up to three (3) passenger motor vehicles or one (1) non -passenger
motor vehicle on the property, provided each vehicle is (1) owned or leased by the occupant; (2)
regularly used in connection with and as an integral component of the operation of the principal
use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking
stall, except the one permitted non -passenger motor vehicle shall not be larger than the aggregate
footprint of the length of two (2) contiguous parking stalls; and (4) parked and stored in a
designated parking spaces as approved by the city. In no case shall the number of permitted
stored vehicles under this paragraph exceed three for any given parcel of record. This exemption
does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational
camping vehicles, motorcycles or other similar vehicles, semi -tractors, or vehicles for sale.
Section 2. Effective Date. This ordinance shall take effect upon its passage and publication.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
...
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Apple.,
Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
7.A.
March 4, 2020
Other Business
Description:
Review of Upcoming Schedule and Other Updates
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
N/A
SUMMARY:
Next Planning Commission Meetings:
Wednesday, March 18, 2020 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, February 19, 2020
• Site plan, variance applications due by 9:00 a.m. on Wednesday, March 4, 2020
Wednesday, April 1, 2020 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, March 4, 2020
• Site plan, variance applications due by 9:00 a.m. on Wednesday, March 18, 2020
Next City Council Meetings:
Thursday, March 12, 2020 - 7:00 p.m.
Thursday, March 26, 2020 - 7:00 p.m.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A