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Home My WebLink AboutOrd. 1126 Amend Chapter 155 - PD No. 703 CITY OF APPLE VALLEY ORDINANCE NO. 1126 AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155- APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 703 The City Council of Apple Valley ordains: Section 1. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is amended by revising Section A28-1 to read as follows: § A28-1 PURPOSE. The purpose of this article is to establish specific performance standards in compliance with Sections 155.260 - 155.271 for property designated by Ordinance No. 703 on the official zoning map. The purpose of this planned development is to provide for an integrated mix of low, medium, and high-density residential uses, shopping center, retail business, limited business, and institutional uses. Section 2. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby amended by revising Section A28-2(C)(4) to read as follows: § A28-2 PERMITTED USES. (C) Zone 2A. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: (4) Home occupation as defined in § 155.003. Section 3. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby amended by revising Section A28-2(D)(4) to read as follows: § A28-2 PERMITTED USES. (D) Zone 3. Within this zone, no structure or land shall be used except for the one or more of the following uses or uses deemed similar by the City Council: (4) Home occupation as defined in § 155.003. Section 4. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby amended by revising Section A28-2(F) to read as follows: § A28-2 PERMITTED USES. (F) Zone 5. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: Section 5. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby amended by revising the title provision of Section A28-2(G) to read as follows: § A28-2 PERMITTED USES. (G) Zone 6. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: Section 6. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby amended by revising Section A28-2(G) (12) (i)to read as follows: § A28-2 PERMITTED USES. (G) Zone 6. Within this zone, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: (12) Class III restaurant with drive-through window service, subject to the following conditions: 2 * * * * (i) The restaurant shall not serve foods that require the installation of a Type I ventilation hood, grease and smoke removing, as defined in the Uniform Mechanical Code. * * * * Section 7. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby amended by revising the endnotes to the Table in Section 28-5(B)(1) to read as follows: § A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS. * * * * (B) The following minimum area standards and requirements shall be met and no improvements shall be placed on such lands unless the lands to be used or improved shall meet the following area and dimensional requirements. (1) Table of Minimum Area Standards and Requirements. * * * * Notes to Table of Minimum Area Standards and Requirements above: *Building height shall be measured from elevation of the first floor to highest point of the roof. The exposed foundation of any structure shall not exceed four feet. ** The width of a lot that abuts a street round-about shall be calculated as follows: (1) the lineal length of the lot that abuts the curve of the round-about, added to (2) the shorter of the two lineal lengths of the lot that abut the street right-of-way on each side of the lot line abutting the round- a -out curve. --- 1. Zone 2: a. The minimum lot area, side yard setback and front (street) setback requirements set forth above for Zone 2 shall not apply in the Cobblestone Lake 5th and 6th Additions and shall be as set forth in Section A28-5(G)(9) herein. b. The minimum lot width set forth in Zone 2 shall not apply for Blocks 12 and 13, Cobblestone Lake 3rd Addition, and Cobblestone Lake 6th and 9th Additions and shall be as set forth in A28-5(G)(10) herein. * * * * Section 8. Chapter 155-Appendix F, Article A28 of the Apple Valley City Code is hereby amended by revising Section A28-5(F)(1) to read as follows: 3 § A28-5 MINIMUM AREA STANDARDS AND REQUIREMENTS. (F) Signage. The following design elements shall be incorporated into all site plans. The goal of these regulations is to ensure an overall harmonious theme will be created for all areas within this planned development. (1) Signage shall be in accordance with Chapter 154 of the City Code of Ordinances. Section 9. Chapter 155-Appendix F,Article A28 of the Apple Valley City Code is hereby amended by revising Sections A28-2(I) and A28-3(H)to read as follows: §A28-2 PERMITTED USES. (I) Zone 8. Reserved. §A28-3 CONDITIONAL USES. (H) Zone 8. Reserved. Section 10. Summary approved. The City Council hereby determines that the text of the summary marked"Official Summary of Ordinance No. 1026", 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 11. 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 12. 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 13. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. 4 PASSED by the City Council this 14th day of December, 2023. Clint o op' paw, Mayor ATTEST: JP&YA#,W 6 0----"ttLFA-) Pamela J. Ga to r City Clerk 5 CITY OF APPLE VALLEY ORDINANCE NO. 1126 AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155- APPENDIX F, ARTICLE A28, OF THE CITY CODE REGULATING PLANNED DEVELOPMENT DESIGNATION NO. 703 The following is the official summary of Ordinance No. 1026 approved by the City Council of Apple Valley on December 14, 2023: Chapter 155 of the City Code is amended by revising select sections of Appendix F, Article A28, governing Planned Development No. 703, to correct typographical errors, incorrect or outdated references to other Code sections,clarifying and updating the endnotes for the Table of Minimum Area Standards and Requirements, and to delete all provisions permitting and regulating sand and gravel mining operations within the PD 703 designated area. 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 147th Street W., Apple Valley,Minnesota 55124. 6 AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY ORDINANCE NO.1126 STATE OF MINNESOTA )ss AN ORDINANCE OF THE CITY COUNTY OF DAKOTA OF APPLE VALLEY, AMENDING CHAPTER 155-APPENDIX F, AR- Rhonda Herberg being duly sworn on an TICLE A28, OF THE CITY CODE oath, states Or affirms that he/she is the REGULATING PLANNED DEVEL- Publisher's Designated Agent of the newspa- OPMENT DESIGNATION NO.703 per(s)known as: The following is the official sum- mary of Ordinance No. 1026 ap- AV Dakota County Tribune, Dakota County proved by the City Council of Apple Tribune Valley on December 14,2023: Chapter 155 of the City Code is with the known office of issue being located amended by revising select sec- in the county of: Lions of Appendix F, Article A28, DAKOTA governing Planned Development No. 703, to correct typographical with additional circulation in the counties of: errors, incorrect or outdated refer- DAKOTA ences to other Code sections,clari- and has full knowledge of the facts stated fying and updating the endnotes for the Table of Minimum Area Stan- below: dards and Requirements, and to (A)The newspaper has complied with all of delete all provisions permitting and the requirements constituting qualifica- regulating sand and gravel mining tion as a qualified newspaper as provided operations within the PD 703 des- by Minn.Stat.§331A.02. ignated area. (B)This Public Notice was printed and pub- A printed copy of the ordinance lished in said newspaper(s) once each is available for inspection by any week, for 1 successive week(s); the first Person during regular office hours insertion beingon 12/22/2023 and the last at the office of the City Clerk at the Apple Valley Municipal Center, insertion being on 12/22/2023. 7100 west 147th Street w.,Apple Valley,Minnesota 55124. MORTGAGE FORECLOSURE NOTICES Published in the Pursuant to Minnesota Stat. §580.033 Dakota County Tribune relating to the publication of mortgage December 22,2023 foreclosure notices: The newspaper complies 1361724 with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the 1 r coun By: Designated Agent Subscribed and sworn to or affirmed befo e me on 12/22/2023 by Rhonda Herberg. c No Public ublt I t Sty of Minnesota f: M mtsslon r *fires < ter" Y!atttrary 31,2028 'a r Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1361724