HomeMy WebLinkAbout04/16/2014
Meeting Location: Municipal Center
City of
7100 147th Street West
Apple Valley, Minnesota 55124
APRIL 16, 2014
PLANNING COMMISSION TENTATIVE AGENDA
7:00 P.M.
This agenda is subject to change by deletion or addition to items until approved by the Planning
Commission on the date of the meeting.
1. CALL TO ORDER
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES OF APRIL 2, 2014
4. CONSENT ITEMS
--NONE--
5. PUBLIC HEARINGS
A. Chapter 153 Amendments
Hold public hearing to consider Amendments to Chapter 153
(Subdivision), related to Council waivers, minor subdivisions, and other items for purposes of
(PC14-09-O)
clean-up and clarification, by City of Apple Valley.
B. Chapter 155 Amendments
Hold public hearing to consider Amendments to Chapter 155
(Zoning) related to number of Council votes required for rezoning, window wells, front decks with
. (PC14-08-Z)
railing, and rooftop mechanical unit setback, by City of Apple Valley
6. LAND USE/ACTION ITEMS
A. Chapter 154 Amendments
Consider amendments to Chapter 154 (Signs Regulations) to allow
for and regulate tenant signage on area identification signs for commercial, industrial, and business
. (PC14-07-O)
park zones, by Spowd Developments, LLC
7. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
8. ADJOURNMENT
NEXT PLANNING COMMISSION MEETINGS
Wednesday, May 7, 2014
Regular Scheduled Meeting 7:00 P.M.
-Public hearing applications due by 9:00 a.m. on Wednesday, April 9, 2014
-Site plan, variance applications due by 9:00 a.m. on Monday, April 28, 2014
Wednesday, May 21, 2014
Regular Scheduled Meeting 7:00 P.M.
-Public hearing applications due by 9:00 a.m. on Wednesday, April 23, 2014
-Site plan, variance applications due by 9:00 a.m. on Monday, May 12, 2014
NEXT CITY COUNCIL MEETINGS
Thursday, April 24, 2014
Regular Scheduled Meeting 7:00 P.M.
Thursday, May 8, 2014
Informal 5:30 P.M.
Regular Scheduled Meeting 7:00 P.M.
Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also
available on the City's Internet Web Site http://www.cityofapplevalley.org.
3
ITEM:
April 16, 2014
City of
PLANNING COMMISSION MEETING DATE:
Approval of Minutes
SECTION:
ITEM DESCRIPTION:
Approval of Minutes of April 2, 2014
STAFF CONTACT: DEPARTMENT/DIVISION:
Joan Murphy, Department Assistant Community Development Department
Action Requested
Recommend approving the minutes of the meeting of April 2, 2014.
Summary
N/A
Background
N/A
Budget Impact
N/A
Attachment(s)
April 2, 2014 Minutes
1. CALL TO ORDER
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
APRIL 2, 2014
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at
7:00 p.m.
Members Present: Tom Melander, Tim Burke, Paul Scanlan, David Schindler and Brian
Wasserman.
Members Absent: Ken Alwin and Keith Diekmann
Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist,
Planner Margaret Dykes, Assistant City Engineer David Bennett and Department Assistant Joan
Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda. Hearing none he called for a
motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the
agenda. Ayes - 5 - Nays - 0.
3. APPROVAL OF MINUTES MARCH 19, 2014.
Chair Melander asked if there were any changes to the minutes. Hearing none he called for a
motion.
MOTION: Commissioner Wasserman moved, seconded by Commissioner Burke, approving the
minutes of the meeting of March 19, 2014. Ayes - 5 - Nays — 0.
4. CONSENT ITEMS
--NONE--
5. PUBLIC HEARINGS
A. Chapter 154 Amendments — Hold public hearing to consider amendments to Chapter 154
(Signs Regulations) to allow for and regulate tenant signage on area identification signs for non-
retail commercial, industrial, and business park zones, by Spowd Developments, LLC. (PC14-07-
0)
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 2, 2014
Page 2 of 3
Chair Melander opened the public hearing at 7:02 p.m.
Planner Margaret Dykes stated Area Identification Signs are used to identify the names of business
or industrial complexes. The code does not allow individual businesses or tenants of the complex to
be identified on Area Identification Signs. Spowd Developments, LLC, the property owner of
Apple Valley Business Campus, generally located northeast of 147th Street W. and Flagstaff
Avenue, has requested an amendment to the sign code to allow for and regulate tenant signage on
Area Identification Signs for non-retail commercial (i.e. office), industrial, and business park zones.
The requested amendment would allow individual tenants to be identified on Area Identification
Signs. Dog Day Getaway, a business located in Apple Valley Business Campus, is representing the
owner.
Chapter 154 allows commercial or industrial complexes consisting of two or more businesses to
have up to two Area Identification Signs (AI Signs) to identify the name of the complex. The Code
does not allow individual tenants or businesses to be listed on the AI Signs, only the name of the
complex. The City prohibits off-premise signage. All signs on a parcel/lot must be related to or
directed to a business located on the lot on which the sign is located. The code does allow major
anchor/shopping center signage to be located on any lot within a multi-tenant/multi-building
shopping center development, and so could be considered "off-premise". The shopping center sign
requires a conditional use permit, and is subject to conditions listed in the code. Other than this
category of signage, the code does not allow businesses to advertise on signage that is not located
on their property.
Apple Valley Business Campus, located northeast of the intersection of Flagstaff Avenue and 147th
Street W., is proposing to install two Al Signs. One sign would be placed at the intersection of
Flagstaff Avenue and 147th Street W.; this sign would only identify the name of the complex and
complies with current City code. They have also requested that the other sign, which would be
located at the intersection of Felton Court and 147th Street W., be allowed to have individual
business signage placed on it. Dog Day Getaway, located at 14607 Felton Court, is one of the
businesses that would be located on the Al Sign.
Discussion followed.
Chair Melander closed the public hearing at 7:15 p.m.
6. LAND USE/ACTION ITEMS
--NONE--
7. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next Planning Commission
meeting would take place Wednesday, April 16, 2014, at 7:00 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 2, 2014
Page 3 of 3
Mr. Nordquist recognized four scouts from Boy Scout Troop 205 in attendance. They introduced
themselves and stated they were working on their Communications Merit Badge.
8. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to adjourn the
meeting at 7:20 p.m. Ayes - 5 - Nays - 0.
Respectfully Submitted,
J
Ltt,
n Murphy, Plannin
Dep ment Assistant
Approved by the Apple Valley Planning Commission on
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0..
City of App
Valley
' ITEM DESCRIPTION:
Public Hearing to Consider Amendments to Chapter 153 (Subdivision) by City of Apple
Valley (PC14-09-0)
STAFF CONTACT: DEPARTMENT/DIVISION:
Kathy Bodmer, Planner Community Development
Action Requested
• Open public hearing, receive comments, close public hearing.
Summary
Background
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
• Recommend approval of the draft ordinance amending Chapter 153 (Subdivision) for
purposes of consistency with State Law, clean-up and clarification.
The Planning Commission is requested to hold a public hearing to consider amendments to the
subdivision chapter of the City Code. The following minor amendments are proposed:
1. Delete Council Waiver Provisions
2. Replace Term "Bulk"
3. Update/Clarify Section Regarding Recorded Plats Not Meeting Dimensional Requirements
4. Delete "Minor Subdivisions" Provisions
5. Insert Term "Subdivision" Related to Preliminary Plat and Public Hearings
Staff reviewed Chapter 153 (Subdivision) of the City Code and found several sections that require
editing for purposes of clarification and/or consistency with State law. A draft ordinance has
been prepared to address five minor edits that are considered housekeeping in nature. The
following is a summary of the sections of the subdivision chapter that staff proposes to amend:
1. Delete Council Waiver Provisions. §153.03 authorizes the City Council to waive
compliance with provisions in the subdivision regulations. In effect, this is a variance
provision and is redundant with the variance procedure provided later in the Subdivision
Chapter. Staff would like to delete this section from the Code.
2. Replace Term "Bulk." §153.26(B)(1) uses the term "bulk" in the following phrase:
‘ that any plat which has received preliminary approval shall be exempt from
any subsequent amendments to the above referenced regulations as to bulk or
use..." Bulk is an architectural term that is used to describe building size and massing
on a lot. Staff proposes to use language found in State Statutes which does not use the
term bulk.
3. Recorded Plats not Meeting Dimensional Requirements. §153.32 (B) deals with an
instance when a plat has been filed with the County does not meet the dimensional
requirements of the zoning code. In some cases, this is an unintentional oversight on the
5A
April 16, 2014
Public Hearing
part of the City and the developer's engineer. In other cases, a plat may be filed at the
County Recorder's Office after City review and approval that is different from what was
approved by the City and which does not meet the Code requirements. This section
needs to be edited to clarify the procedure for making a finding of a legal
nonconforming use.
4. Delete "Minor Subdivision" Provisions. §153.35 "Minor Subdivision" is a provision
of the subdivision chapter of the City Code that is inconsistent with State Statutes. This
section states that a subdivision that creates three or fewer lots where streets and
services are already available may not be required to conduct a public hearing. This
provision is contrary to State law which requires a public hearing for any subdivisions
of property. This section would be removed from the Subdivision Chapter.
5. Insert Term "Subdivision" Related to Preliminary Plat and Public Hearings.
Throughout §153.78 "Plat Procedure," the term "preliminary plat" or "plat" is indicated
to require a public hearing. According to State law, a public hearing is required for a
subdivision of property. A preliminary plat is a drawing that depicts the subdivision.
Plats and subdivision are not synonymous terms, so this section is revised to correct the
terms consistent with State Statutes.
Budget Impact
N/A
Attachment(s)
1. Draft Ordinance Amending Chapter 153 (Subdivisions)
Proposed Subdivision Ordinance Amendments
April 2014
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
CHAPTER 153 OF THE CITY CODE PROVIDING REGULATIONS FOR
SUBDIVISION OF LAND.
The City Council of Apple Valley Ordains:
Section 1. Section 153.03 of the City Code hereby amended by deleting the Section in its
entirety :
§-103 COUNCIL, WAIVER; COMPLIANCE
ma AV ola
411 4 ; V
di All •
any of the provisions of this chapter, except where prohibited by M.S. § 462.358, subd. 3B. The
granting of a waiver shall require the adoption of a resolution specifying which provisions have
been waived in either of the following cases:
(A) In which compliance will involve an unnece
does not interfere with the purpose of this chapter; and
(B) Where an improved plat can be achieved by deviation from certain provisions of this
chapter.
Section 2. Section 153.26(B)(1) of the City Code is hereby amended to read as follows:
§ 153.26 EFFECTIVE PERIOD OF PRELIMINARY & FINAL PLAT; CITY
REGULATIONS.
(B) Zoning regulations.
se th OA 1111 di
flP
lir (MP
subdivision regulations, except that any plat which has received preliminary approval shall be
exempt from any subsequent amendments to the above referenced regulations as to bulk or use,
provided that final approval is obtained within the two year period.
) Ever .lat shall conform to existin zoi intz re - nlatioi s the official mas and the
4/11/14 (PC Packet) Version
bek}w.
§ 153.35
subdivision re ulations. For one year followin a troval and for
following h nal approval, unless the subdivider and the municipality agree other\
amendment to the Cit i's corn Nehensive lan or land use re Y ations shall a
affect the use. development densitv. lot size la out. otthpIication o lattr reoired
or emitted b r the a ))roved )lat a cation.
•
Section 3. Section 153.32(B) of the City Code is hereby amended to read as follows:
§ 153.32 COUNCIL VOTE; PLAT APPROVAL WITHOUT VARIANCE.
(B) Plat approved without variances. AALliefe- When a plat has.---13}1- as approved by the city
and recorded with Dakota County---whientiti4+s----has a lot or lots which, due to an inadvertent error,
do not meet the minimum required dimensions as stated qtAired in this chapter or in the city's zoning
chapter, the lots shall have the following status:
(2) The lot(s) shall not be 4
unique or in a practical difficultv warranting other variances and no othersNli not be afforded any
variance or further dimensional variance other than that existing on the recorded plat
atitem-atiefrliffiteertied.
( The provisions of this section ) not apply
subdivisions and approved plats pursuant to the planned development or residential provision,
to
as detailed in § 153.26(B); rather it is only intended to clarify.
(4) s-
• ,„ When the recordec
plat does not meet the regulations of the zoninE, resulations m this - .2ode and the subdivisions
reoulation herein as a result of the a )licant's o develo)er's misre)resentations on the )ro)osed lat
for awroval or the recordino t a plat inconsistent with the cit a ) roved _plat, the lots shall be
considered illeoal_nonconforming and shall not be entitled to a building permit.
•
• 114. • " • 'w • ' • "" . ' • •
Section 4. Section 153.35 of the City Code is hereby amended by deleting the Section in its
entirety:
1
II ti
*s. low wo
4/11/14 (PC Packet) Version
( The lot(s) shall be considered a legal ( lot(s) and be entitled to all
y----ekpee.t-eEi-N.‘4th.-a-eoi+forini.nL.,x,-4o-t-tfnkief-th-e--eifetfm-st-afiees-,44:-st -
r mars
codes, and no further utility or street extensions are necessary, the subdivider may be exempt
from the public hearing requirements of this code. All other
this section including, but not limited to, requirements for preliminary and final plats and required
dedications. A certificate of survey may also be required on any proposed lot with existing
. ae • '4 41' SC'' d'a . "
di 11 la di
Section 5. Section 153.78 of the City Code is hereby amended by revising Clauses C, D and E
of Section 153.78 to read as follows:
§ 153.78 PLATS; AMENDMENTS.
variance;
(C) Initiation. Proceedings for a petition or an amendment under this chapter shall be
initiated by:
(1) A petition of the owner for a subdivision by preliminary plat, final plat, waiver or
(2) An action of the Planning Commission; or
(3) An action of the City Council.
(D) Petitions. All petitions for a subdivision by preliminary plats which are initiated by the
owner or owners of the property shall be filed with the City Clerk and the application shall be
accompanied by an abstractor's certified property certificate showing the property owners within
350 feet of the outer boundaries of the property in question. The petition shall be forwarded to
the Planning Commission,
4/11/14 (PC Packet) Version
CO '
(E) Public hearing, notice and procedure. The Planning Commission shall hold a4 est&ne
public hearing on all petitions for subdivision - ° ° affording the parties interested
the opportunity to be heard and shall give not less than a ten-day notice of time and place of the
hearing, published in the designated legal newspaper of the city. The notice shall also include the
description of the land and a summary of the proposed subdivision. At least ten days before the
hearing, the City Clerk shall mail an identical notice to the owners of the property and to each of
the property owners within 350 feet of the outside boundaries of the land proposed to be
subdivided. Failure to give mail notice to individual property owners or defects in the notice shall
not invalidate the proceeding, provided a bona fide attempt to comply with this section has been
made.
Section 6. Summary approved. The City Council hereby determines that the text of
summary marked "Official Summary of Ordinance No. ", a copy of which is attached here
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and summary will clearly inform the public of the intent
and effect of the ordinance.
Section 7, 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 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 publication
of its title and official summary.
ATTEST:
PASSED by the City Council this day of 2014.
Pamela J. Gackstetter, City Clerk
4/11/14 (PC Packet) Version
Mary Hamann-Roland, Mayor
4/11/14 (PC Packet) Version
CITY OF APPLE VALLEY
ORDINANCE NO.
1, .1 S- 1 N04. 1 -- ET 41ME UIRE/1
MINOR-St T4S4ONS PU4L4C-44EARI4GS-FLOR-SU33DIVIS-WNS
OR.DL. r AMENP1NG
CfIAPTER 1.53 OF TEIE CITY CODE PROVIDING RI.':,G1..51:.,X1710N FOR.
SUBDIVISION OF LAND.
The following is the official summary of Ordinance No. approved by the City
Council of Apple Valley on , 2014.
.; • . : • ?A. •
1 amends Chapter 153 of the City Code governing_subdivision
of land. The amendments provide to ensure for consistency with State law requirements
and lamznaLe clarification of certain provisionseo4e—rec Alts.
The amendments relate to the following: Stfik-e e s City Council riebt, to waivefs"
subdivision provisions, provides :clarification of
a flication Of zonitw amendments ado ted atti reliminary ',tat a royal, clarifies the
procedure for plats not meeting lot dimensional requirements, and strikes the sSection
related to minor subdivisions:' and-elarifithat-publie-4fearings-are+
•
Effective date. This ordinance shall take effect upon its passage and publication.
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 West 147
Street, Apple Valley, Minnesota 55124.
city of Apple
Valley
ITEM DESCRIPTION:
Public Hearing to Consider Amendments to Chapter 155 (Zoning) by City of Apple Valley
(PC14 -08 -Z)
STAFF CONTACT:
Kathy Bodmer, Planner
Action Requested
• Open public hearing, receive comments, close public hearing.
Summary
• Recommend approval of the draft ordinance amending Chapter 155 (Zoning) for
purposes of consistency with State Law, clean -up and clarification.
The Planning Commission is requested to set a public hearing to consider amendments to the zoning
code. Four minor amendments are proposed that are considered housekeeping in nature. The
proposed amendments include the following:
• Revise the number of City Council votes required for rezoning and zoning amendments
• Window well encroachments
• Allow decks, stoops and uncovered porches with railings in the front yard
• Remove rooftop mechanical unit setbacks
Background
•••••
•••
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
DEPARTMENT /DIVISION:
Community Development
Staff reviewed Chapter 155 (Zoning) of the City Code and found several sections that require
editing for purposes of clarification and/or consistency with State law. A draft ordinance has
been prepared to address four minor edits that are considered housekeeping in nature. The
following is a summary of the sections of the zoning chapter that staff proposes to amend:
5B
April 16, 2014
Public Hearing
1. Amend Number of Votes Required to Approve Zoning Amendment. The zoning chapter states
that the City Council must approve a rezoning of property or an amendment to the requirements of
a zoning district with a four -fifths (4/5) majority vote. This is inconsistent with State law which
only requires a majority vote of the members ( "simple majority ") for most rezoning and zoning
amendments. State law does require a two - thirds (2/3) majority vote (essentially, four out of the
five members) when rezoning from a residential zoning designation to either a commercial or
industrial designation. The proposed amendment would make the City Code consistent with State
Statutes.
2. Window Well Encroachments and Setbacks. Homeowners remodeling their basements often
wish to install egress windows in the side yard of their home. If the home is already set at the 10'
minimum side yard setback, there is no room available to install a window well without
encroaching into the required setback. The building code requires a minimum horizontal area of
9 sq. ft., with a minimum horizontal projection and width of 36 ". Allowing an encroachment into
the setback of up to 48" into a setback would allow for the installation of a block wall of 8" to 12"
and still maintain the 36" horizontal width and depth requirement. The proposed amendment
would allow for encroachment into a side or rear setback up to 48 ", provided no less than 5' is
maintained from a property line and that there is no encroachment into an easement of record.
3. Allow decks, stoops and uncovered porches with railing in front yard. Right now, patios and
decks may encroach 8' into the front setback as long as they are 18" or less above grade at the
building line and have no railing. This amendment removes the "no railing" provision on front
decks and patios that encroach into the front setback, essentially allowing railing to be installed.
In addition, language is added to clarify that uncovered front porches, steps and stoops 18" or less
above grade may also encroach into the front yard setback and may also have a railing.
4. Reduce Setback for Roof Top Mechanical Equipment. The zoning code requires that
mechanical equipment must set back a minimum of 20' from the building edge. On smaller
commercial buildings, like the Crooked Pint, the setback is very difficult to meet. The code
already requires that the equipment be fully screened with a screen that is the same height as the
mechanical equipment, so the setback is less of an issue. Removing the rooftop mechanical
equipment setback would allow for more flexibility in building design. No other changes to the
screening requirements are proposed. Two other typos in this section are fixed.
Amendments to "I -2" (General Industrial) zoning district. Staff had previously discussed
amending the I -2 zoning district to include the conditional uses found in the "I -1" (Limited
Industrial) zoning district. Upon further review, staff believes that a more comprehensive review
of the Industrial zoning designation should be conducted. Staff would like to wait and consider
amendments to the I -2 zone at a future date.
Budget Impact
N/A
Attachment(s)
1. Draft Ordinance Amending Chapter 155 of the City Code
2. Window Well Photos
3. Front Decks /Stoops with Railings Photos
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA AMENDING
CHAPTER 155 OF THE CITY CODE GOVERNING ZONING REGULATIONS
RELATED TO COUNCIL VOTE REQUIREMENT, SETBACK REQUIREMENTS
FOR WINDOW WELLS, SETBACK EXEMPTIONS FOR NT DECKS,
PORCHES, STOOPS, ETC., AND ROOFTOP MECHANICAL EQUIPMENT
SETBACK REQUIREMENTS
AM,
The City Council of Apple Valley Orda
Section 1. Section 155.400 (A) and (G) otthe Cit
follows:
§ 155.400 ZONING AMENDMEN
(A) Purpose. The purp ose of this section
quorum of the City Council except that amendments c an
four fifths of the City he purpose of this section is to prescribe the procedure and
requirements for any change ins classification or zoning boundaries of a property or
any amendment any provision a ter.
(G ) ( 1 o uncil action; lime limits. If the Planning Commission fails to make a report
within 30 days after the close of e hearing, the City Council may act without the
recommendation. 1 he Council may grant the petition, in whole or in part, or it may continue the
petition, from time to time. for further investigation and hearing. The Council may also request
further information and reDort from the Planning Commission. The City Council may adopt a
zoning regulation, amend z ning regulation herein or change the zoning classification or
zoning boundaries of a property by a majority vote of all its members, except any change to all
or part of an existing classification of a zoning district from residential to either commercial or
industrial requires a two-thirds majority vote of all members of the Council.
Section 2. Section 155.333(C)(1) of the City Code is hereby amended to read as follows:
§ 155.333 REQUIRED YA
4/1 1 /1 4 Version
Proposed Zoning Ordinance Amendments
April 2014
CITY OF APPLE VALLEY
ORDINANCE NO.
S AND OPEN SPACES.
1
e E»lS hereby amended to read as
ed by the majority vote of a
the boundaries of any district or
(C) The following shall not be considered as encroachments
requirements:
(1) Projections and Window Wells.
(a) Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves,
bays, gutters and other similar projections, provided they do not extend more
than 30 inches into the required setback area and in no instance in the R districts
nearer than three feet from a lot line.
(b) A window well ma encroach u to 48 inches measurin from outside ed e of
Section 3. Section 155.333(C)(2)(b) of the Ciy Code is hereby amended to read as
follows:
§ 155.333 REQUIRED YARDS AND OPEN SPA
(C) The following shall not be considered as encroachments on yard or setback
requirements:
b Patios an decks - toggyered porc es, ste and stoo es that extend into the
required set ac area a distance of eight feet or less, provided that they are 18 inches or less
above grade at the building line ari have no
the well wall/sus sort into the CI:: skit
closer than five feet 5' to a lot line or encroach into an easement.
§ 155.346 BUILDING AND SITE DESIGN.
>tc
4/11/14 Version
*
2
ear setback
hin yard area or setback
rovided it is not
Section 4. Section 155.346(B)(3) of the City Code is hereby amended to read as follows:
(B) In order to assure that new construction is compatible with existing structures and
neighborhood environments, it is necessary to establish minimum design and building material
standards. These standards will serve to prevent new development from de-stabilizing adjacent
neighborhoods by mitigating the intrinsic negative impacts associated with structures of greater
bulk and density. The following standards are established to accomplish these ends:
(3) Mechanical protrusions. All necessary mechanical protrusions visible to the
exterior shall be screened or handled in a manner such that they are not visually obvious and are
compatible with the surrounding development.
For rooftop mechanical equipment, satisfaction of this requirement shall
require that all echanical equipment and related a surtenances exce.t solar collector
anels must be fully screened visually by wether either a parapet wall along the edge of the
building or by a screen immediately surrounding such equipment. The height of the parapet wall
or screen shall be at least the height of the equipment. Parapet walls must be an extension of the
primary building materials comprising the outside walls of the building; screens must be
constructed of durable, low- maintenance materials and be either a light, neutral color or the same
color as the primary building materials of the outside walks.
from the edge of the roof a minimum of 20 feet.
)For ground mounted equipment satisfaction of this requirement shall
require that the all mechanical equipment and r lte a urtenances iust be fully screened by
either a masonry wall or an opaque landscape screen. The height of the wall or landscape screen
shall be at least the height of the equipment. Masonry walls must be constructed of the same
materials and color as the primary materials comprising the outside walls of the building;
landscape screening must be of plant materials that are fully opaque year - round. Equipment
shall be painted a neutral earth -tone color. 11 m echanical protrusions shall be pointed out on
the site plan and elevations.
Section 5. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance Toy " 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 summary will clearly inform the public of the
intent and effect of the ordinance
Section 6. Filing, The City Clerk shall le a copy of this ordinance in her office, which
copy shall be available for inspection by any person during regular office hours.
4/11/14 Version
Section 7. 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.
3
Section 8. Effective date. This ordinance shall take effect upon its passage and publication
of its title and official summary.
ATTEST:
PASSED by the City Council this
Pamela J. Gackstetter, City Clerk
4/11/14 Version
day of
4
Mary Hamann-Roland, Mayor
2014.
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA AMENDING
CHAPTER 155 OF THE CITY CODE GOVERNING ZONING REGULATIONS
RELATED TO COUNCIL VOTE REQUIREMENT, SETBACK REQUIREMENTS
FOR WINDOW WELLS, SETBACK EXEMPTIONS FOR FRONT DECKS,
PORCHES, STOOPS, ETC., AND ROOFTOP MECHANICAL EQUIPMENT
SETBACK REQUIREMENTS
The following is the official summary of Ordinance No approved by the
City Council of Apple Valley on 14.
Effective date.
4/11/14 Version
This ordinance amends Chapter 155 of the City Code, governing zoning
regulations, related to the number of City Council votes required for a rezoning or
zoning amendment, setback requirements for window wells, setback exemptions for front
decks, uncovered porches, stoops, etc and setbacks '01 roo t mechanical un
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 West
147 Street, Apple Valley, Minnesota 55
is ordinance shall to
5
eft upon
passage and publication.
Examples of Window Wells
Timber
Steel/Galvanized Metal
Block/Pavers
Examples Frond Decks /Stoops with Railings
City of A
ITEM DESCRIPTION:
Amendments to Chapter 154 (Sign Regulations) pertaining to Area Identification Signs
(PC 14 -07 -0)
STAFF CONTACT:
Margaret Dykes, Planner
Action Requested
Summary
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
APPLICATION DATE
DEPARTMENT /DIVISION:
Community Development
6A
April 16, 2014
Land Use /Action
March 5, 2014
• Recommend approval of the draft ordinance amending Chapter 154 of the Code of
Ordinances pertaining to Area Identification Signs.
Area Identification Signs are used to identify the names of business or industrial complexes; the code
does not allow individual businesses or tenants of the complex to be identified on Area Identification
Signs. Spowd Developments, LLC, the property owner of Apple Valley Business Campus, generally
located northeast of 147 Street W. and Flagstaff Avenue, has requested an amendment to the sign
code to allow for and regulate tenant signage on Area Identification Signs for non - retail commercial
(i.e. office), industrial, and business park zones. The requested amendment would allow individual
tenants to be identified on Area Identification Signs. Dog Day Getaway, a business located in Apple
Valley Business Campus, is representing the owner.
Background
Chapter 154 allows commercial or industrial complexes consisting of two or more businesses to have
up to two Area Identification Signs (AI Signs) to identify the name of the complex. The Code does
not allow individual tenants or businesses to be listed on the AI Signs, only the name of the complex.
The City prohibits off - premise signage (Sect. Sect. 154.04 (G) — Prohibited Signs); all signs on a
parcel/lot must be related to or directed to a business located on the lot on which the sign is
located. However, the code does allow major anchor /shopping center signage to be located on any
lot within a multi- tenant/multi- building shopping center development, and so could be considered
"off- premise ". The shopping center sign requires a conditional use permit, and is subject to
conditions listed in the code. Other than this category of signage, the code does not allow businesses
to advertise on signage that is not located on their property.
Apple Valley Business Campus, located northeast of the intersection of Flagstaff Avenue and 147
Street W., is proposing to install two AI Signs. One sign will be placed at the intersection of
Flagstaff Avenue and 147 Street W.; this sign will only identify the name of the complex and
complies with current City code. They have also requested that the other sign, which would be
located at the intersection of Felton Court and 147 Street W., be allowed to have individual
business signage placed on it. Dog Day Getaway, located at 14607 Felton Court, is one of the
businesses that would be located on the AI Sign.
Because of the recent development of the Apple Valley Business Campus, and the future
1
development of the Mixed Business Campus, staff believes a code amendment allowing business
identification on AI Signs could be useful. Staff and the City Attorney have drafted a sign code
amendment that would allow the identification of businesses on AI Signs, but limit these signs in
terms of number, size and placement to ensure that there is not a proliferation of signs creating
clutter.
Public Hearing: The public hearing for this item was held April 2, 2014. No members of the
public spoke at the meeting. The Commission generally expressed support, but wanted to ensure
that any illuminated signs, including electronic message signs identifying businesses within the
complex, would not adversely affect adjacent property, especially when located near a residential
development. It should be noted that all signs are subject to existing regulations regarding lighting,
which includes a prohibition against any lighting that spills over to adjacent property or roadways.
The modified draft amendment is attached. Major points are as follows:
1. Modifies definition of Area Identification Sign — only ground signs considered. Adds
definition of "Development Complex ".
2. The lot on which an AI Sign that identifies businesses must be in the same zoning district,
in the same development complex, and served by the same public right -of -way.
3. Only those businesses that do not have visible frontage to arterial or collector road may be
placed on the AI Sign.
4. The ground sign structure shall be no larger than 8'x20', and shall be constructed of the
same materials as the principal buildings. The sign copy area shall not exceed 110 sq. ft.
Each business may only have 30% of the total sign copy area, and there shall be no more
than four (4) businesses identified on the sign.
5. The property owner must consent in writing to the placement of the sign. An easement
would not be required.
Budget Impact
N/A
Attachment(s)
1. Draft amendment allowing business identification on Area Identification Signs
2. Proposed Apple Valley Business Campus area identification sign with tenant signage.
3. Location map of Apple Valley Business Campus and proposed signs.
4. Site plan with proposed signs.
5. Letter from Dog Day Getaway.
2
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
TITLE XV, CHAPTER 154, OF THE CITY CODE ENTITLED "SIGN
REGULATIONS" BY AMENDING SECTIONS 154.02 AND 154.04 REGARDING TO
AREA IDENTIFICATION SIGNS.
The City Council of Apple Valley ordains
Section 1. Chapter 154 of the Apple Valley City Code is hereby amended by revising or
adding the following definitions in Section 154.02 to read as follows:
SECTION 154.02 DEFINITIONS
AREA IDENTIFICATIONSIGN. A freestanding ground sign vvlizel that identifies the name of
a commercial, Of industrial, or business park development complex consisting of two or more
businesses.
DEVELOPMENT COMPLEX. An area containing more than one building on either a single
parcel or on separate, but contiguous lots of record which was improved pursuant to a unified
site design and overall land use plan approved by the City.
Section 2. Chapter 154 of the Apple Valley City Code is hereby amended by adding
Section 154.04(F)(5) to read as follows:
§ 154.04 SIGNS REQUIRING A PERMIT.
(F) Area identification sign
manner
(1). Area identification sign(s) shall be located upon the property of the development
complex it is identifying.
(5) An area identification sign(s) may identify individual businesses within the
complex, subject to all of the following regulations:
(a) The area identification sign is located in a non - retail commercial,
industrial or business park zoning districts.
(b)
CITY OF APPLE VALLEY ORDINANCE NO.
;ntificationsign(s) shall be located in the following
The lot on which the sign is located and the lot on which the business that
is identified on the sign must be located within the same zoning district or
within the same ,lanned development.
(c) The lot on which the sign is located and the lot on which the business that
is identified on the sign must be located on separate lots within the same
DRAFT
ATTEST:
(e)
develo 'ment com . lex but served b and have direct access to the same
public street.
(d) The lot on which the business that is identified on the sign must have 50
feet or less frontage on the public street providing direct access, and less
than 400 feet frontage on an arterial or collector road thereby limiting
direct visibility of the building in which the business is located.
The sign copy for an individual business es) on the area identification sign
shall be permitted only as part of the area identification sign subject to the
following requirements:
(1) The sign structure as a whole shall not exceed 8 feet in height or 20
feet in length.
(2) The sign structure shall consist of the same style and color brick
stone, or other approved exterior material used on the face of the
principal building. The exterior face shall be encased in the same
style and color brick, or other approved exterior material, used on
the face of principal bgilding(s).
The sign shall have a,maximum copy area of 110 sq. ft.
4 The copy area for all individual businesses to be identified on the
sign shall not exceed 6 Q% of the total copy area of the sign; the
copy area for any individual business identified shall not exceed
30% of the total copy area of the sign; and no more than four (4)
individual businesses shall be identified on the sign.
(3)
Section 3. This ordinance shut 1 take effect upon its passage and publication.
PASSED by the City Council this
Pamela J. Gackstetter, City Clerk
day of
2014.
Mary Hamann - Roland, Mayor
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March 7, 2014
Margaret Dykes, Community Development/Planning
City of Apple Valley
7100 14r Street West
Apple Valley, MN 55124
Dear Mrs. Dykes:
Carey Griffit Edwards
D C DAY GETAWAY
14607 Felton Court Suite 101
Apple Valley, MN 55124
Phone: 952.431.9663
Fax: 952.431.4490
Dog Day Getaway is formally requesting to amend the current sign code to allow for
multi - tenant signage within an industrial or business park. The Apple Valley Business
Campus is fairly unique to Apple Valley. Though it is platted into four separate lots, it is
under one ownership_ Based on existing sign code Dog Day Getaway is only permitted to
have monument signage on the 14607 lot. Not only is this in the back of business
campus but it would not be seen from 147 Street therefore rendering it useless.
Currently, customers are having a hard time finding Dog Day Getaway and we feel as the
business campus grows so will their difficulty. We are requesting that the Apple Valley
Business Campus be allowed to have a monument sign at the entrance of the campus with
multi -tenant listings. The landlord has agreed to create an easement and establish a
perpetual maintenance agreement.
Best regards,
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