ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE BY ADDING ARTICLE A FOR PLANNED DEVELOPMENT DESIGNATION NO.

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1 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE BY ADDING ARTICLE A FOR PLANNED DEVELOPMENT DESIGNATION NO. The City Council of Apple Valley Ordains: Section 1. That the official zoning map be amended to include under Planned Development Designation No. : Zone 1: Zone 2: Zone 3: Lot 1, Block 1, Menards at Hanson Concrete, according to the preliminary plat Lot 2, Block 1, and Outlots B and C, Menards at Hanson Concrete, according to the preliminary plat Outlots A and D, Menards at Hanson Concrete, according to the preliminary plat Section 2. That the Code of Ordinances be amended by adding Section A -1, A -2, A -3, A -4, A -5, and A -6, as follows: A -1 PURPOSE The purpose of this article is to establish specific performance standards in compliance with A for property designated by Ordinance No. on the official zoning map. The purpose of this zone is to provide for an integrated mix of retail and general business, and limited industrial uses. A -2 PERMITTED USES. (A) Zone 1. Within this this zone, no structure or land shall be used except for one or more of the following uses deemed similar by the City Council: (1) Building materials supply/home improvement store; and (2) Garden sales center. (B) Zone 2. Within this this zone, no structure or land shall be used except for one or more of the following uses deemed similar by the City Council: operation; (1) Conducting a process, fabrication, storage, manufacturing or wholesaling 1

2 (2) Contractor s office, outdoor storage subject to a conditional use; (3) Data center; (4) Event center/banquet facility; (5) On-sale liquor, wine, and/or 3.2% liquor in conjunction with an event center/banquet facility; (6) Health and fitness club, when located in a freestanding building; industries; (7) Manufacturing related to aerospace, medical device, and pharmaceutical (8) Medical reference and diagnostic laboratories; (9) Offices as accessory use to the principal use. Medical, professional, real estate offices and office buildings are not permitted; (10) Research or testing laboratory conducted entirely in the building; (11) Small brewery and micro distillery; (12) Trade school; and (13) Warehousing or wholesale businesses when conducted within a building. Office/warehouse combination is permitted when office space does not exceed 30% of the total floor area. (C) Zone 3. Within this this zone, no structure or land shall be used except for one or more of the following uses deemed similar by the City Council: (1) Storm water ponding area; and (2) Trails and open space. A -3 PERMITTED CONDITIONAL USES. (A) Zone 1. Within this this zone, no structure or land shall be used except for one or more of the following uses deemed similar by the City Council, except by conditional use: (1) Towers as regulated in (B) Zone 2. Within this this zone, no structure or land shall be used except for one or more of the following uses deemed similar by the City Council, except by conditional use: (1) Fleet vehicle operations storage and maintenance facility; 2

3 (2) On-sale malt liquor in conjunction with a brewery; on-sale distilled spirts in conjunction with a micro distillery cocktail room; or off-sale malt liquor from the premises of and in conjunction with a small brewery or off-sale distilled spirits in conjunction with a micro distillery. The parking requirements as set forth in this Code for restaurant uses shall apply and be met on the subject site for the brewer taprooms and micro distillery cocktail rooms. A brewer taproom and a micro distillery cocktail room shall not exceed 30% of the total floor area of the brewery or micro distillery with which each is respectively operated; (3) Outdoor research or testing facilities; use; and (4) Outdoor storage of vehicles and materials in conjunction with a permitted (5) Towers as regulated in (C) Zone 3. There are no conditional uses provided. A -4 PERMITTED ACCESSORY USES. (A) Zone 1. Within this this zone, no structure or land shall be used except for one or more of the following uses deemed similar by the City Council: (1) Building materials warehouse in conjunction with a building materials/home improvement store and garden center; (2) Outdoor sales/storage yard in conjunction with a building materials/home improvement store and garden center; subject to the following requirements: be landscaped. (a) (b) A minimum 20-foot wide yard abutting the public right-of-way shall All the sales/storage yard area shall be paved. (c) All sales/storage areas shall be screened by means of an opaque fence constructed with a combination of treated wood and brick and shall be a minimum to 14- feet in height. (d) The sales/storage yard shall be constructed according to a grading plan approved by the City Engineer. (e) The outdoor lighting system for the sales/storage yard shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. (f) A site plan for the sales/storage yard area, showing ingress and egress, building locations, fencing and any other necessary features required to understand the operation, shall be reviewed by the Planning Commission and City Council. (3) Propane fuel sales in conjunction with a building materials/home improvement store and garden center; 3

4 (4) Buildings temporarily located for purposes of construction on the premises for a period not to exceed the time necessary to complete the construction; (5) Off-street parking, refuse storage, and loading bays, as regulated in the zoning chapter; and (6) Essential public services facilities provided all yard requirements are met. (B) Zone 2. Within this zone, the following uses or uses deemed similar by the City Council shall be permitted: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed the time necessary to complete the construction; (2) Outdoor dining area, subject to the regulations set forth in this chapter or an outdoor patio in conjunction with a brewer taproom or micro distillery cocktail room, which shall be subject to the regulations applicable to outdoor dining area and included in the 30% floor area restriction for a brewer taproom or micro distillery cocktail room under a conditional use permit issued hereunder; (3) Outdoor dining area, subject to the regulations set forth in this chapter or an outdoor patio in conjunction with an event center/banquet facility; (4) Off-street parking, refuse storage, storage garage or building and loading bays, as regulated in the zoning chapter; and (5) Essential public services facilities provided all yard requirements are met. (C) Zone 3. Within this zone, the following uses or uses deemed similar by the City Council shall be permitted: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed the time necessary to complete the construction; and (2) Off-street parking, refuse storage, storage garage or building and loading bays, as regulated in the zoning chapter. 4

5 A -5 MINIMUM AREA STANDARDS AND REQUIREMENTS. (A) 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 requirements and standards. Requirements Zone 1 Zone 2 Zone 3 Lot Dimensions Lot area (square feet) 300,000 40,000 - Lot width (feet) Building Setbacks (feet) Along principal or arterial streets Along collector streets Along all other streets Along private streets or drives 8* 25* 25* Side lot line Rear lot line Parking Setbacks (feet) Along all streets Along all private streets or drives Side or rear lot line Driveway setback from principal or arterial street Maximum Building Coverage Coverage of lot (percent) Maximum Building Height (feet) *Setback shall be measured from the back of the curb along a private street or drive. 5

6 (2) Maximum impervious surface, see (3) Screening, see (4) Landscaping, see (5) Parking, see through (6) Signage shall be in accordance with Chapter 154 of the City Code of Ordinances, except that the foundation or support structure of a freestanding sign must be completely enclosed, and such an enclosure shall match the exterior construction materials of the primary building with which it is associated and serves to identify. A -6 SPECIAL PERFORMANCE STANDARDS. (A) Design elements. The following design elements shall be incorporated into the planned development to assure an overall sense of harmony. (1) Enhancement of the pedestrian friendly environment by providing access from sidewalks into and throughout the area, between buildings and across parking areas where appropriate. (2) Wherever a surface parking area faces a street frontage, such frontage shall be screened with landscaping elements. (3) All refuse, recyclable materials, and equipment for handling them, including compactors, shall be totally screened from eye-level view from public streets and adjacent properties, whether in the front, side or rear, either by being stored within the principal structure, totally screened from view by the principal building, or stored within an accessory structure enclosed by a roof, and readily served through single or double doors, or an overhead door on tracks. (4) Loading docks shall not be located in the front, and shall be screened from eye-level view of public streets by means of landscaping that is at least 80% opaque within two years, by walls of the principal building, or screen walls of the same materials and colors as the principal building. (5) Any screening, fences or walls shall be constructed of a combination of wood or wood composite materials and masonry material similar to and complimentary to the primary building material and architecture. (6) Lots having parking areas with 15 or more parking spaces shall provide parking for bicycles near building entries, but without encroaching into pedestrian walkways. (B) Building design and materials. The goal of these guidelines is to assure that all areas present an architectural appearance that is visually compatible and complementary in use of building form, design and materials. Design elements of buildings should include the following elements: 6

7 (1) All exterior vertical surfaces of all buildings shall be treated as a front and have an equally attractive or same façade; with the exception of exterior vertical surfaces of buildings in Zone 1 that are appropriately screened by storage/sales yard fencing. (2) Primary exterior building materials shall consist primarily of brick, stone, or color-impregnated decorative block. (3) Secondary materials may include coated or anodized, non-reflective, glarefree finished metal, integrally colored EFIS, or color-impregnated, fiber-cement siding. (4) Accent finishes, such as brick piers, metal panels, and such shall be wrapped around walls that are visible from a public street or open space. (C) Landscaping. The goal of these standards is to assure that all areas present a landscaped appearance that is compatible with adjacent areas. Landscape plans shall be prepared by a landscape architect registered and incensed in the state, and shall include the following design elements: (1) Provide screening for undesirable views. (2) Compliment the architectural form of the building. (3) Soften the visual impact of large paved areas. (4) Mitigate the impacts of lighting or other negative influences. (5) All cart storage corrals in the parking areas in Zone 1 shall be incorporated within a landscaped island, paved with concrete, having a concrete barrier curb around the edge, and concrete barrier curbs that delineate the cart storage lanes. Signage indicating the location of the cart corrals may be affixed to a single pipe rail located at the halfway point of the cart storage lanes. No signage advertising products or stores shall be allowed in the cart storage corral area. 7

8 Section 3. 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 4. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any person during regular office hours. Section 5. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 6. Effective date. This ordinance shall take effect upon its passage and publication of its title and official summary. PASSED by the City Council this ---- day of , Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 8

9 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE OF ORDINANCES The following is the official summary of Ordinance No. approved by the City Council of Apple Valley on , The Code of Ordinances is amended by adding Article A establishing planned development zoning district number. This amendment provides for (describe uses in general) and creates performance standards regulating building size and bulk, setbacks, and appearance. The overall district is bounded by 147 th Street West on the north, Johnny Cake Ridge Road on the east, CSAH 42 on the south and the Magellan Pipeline Co. petroleum tank farm; containing approximately acres of land. 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 City Hall, Cedar Avenue South, Apple Valley, Minnesota