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Home My WebLink About5.a. Zoning Ordinance Text Amendment Relating to Accessory Uses in the BP District ROSEMOLINT" EXECUTIVE SUMMARY PLANNING COMMISSION Planning Commission Meeting Date: October 8, 2013 Tentative City Council Meeting Date: November 5, 2013 AGENDA ITEM: Case 13-32-TA Zoning Ordinance Text Amendment AGENDA SECTION: Relating to Accessory Uses in the BP — Public Hearing Business Park District PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner 5 a , ATTACHMENTS: Draft Ordinance Amendment, Pictures of APPROVED BY: Outdoor Equipment at Former Millworks Site K�V RECOMMENDED ACTION: Motion to recommend the City Council approve the attached ordinance amending the Rosemount Zoning Ordinance B Relating to Accessory Uses in the BP — Business Park District. SUMMARY Staff recommends approval of the attached draft ordinance amending Section 11-4-15 of the City Code related to accessory uses in the BP—Business Park District. This item was initiated by staff in response to recent inquiries from commercial brokers regarding businesses that require outdoor structures or equipment such as storage silos or air filter systems that are accessory yet integral to the principal use of the site. The proposed standards are based on a review of existing properties within the Business Park and the City's regulations for accessory equipment in the GI—General Industrial district. The amendment is modeled after the GI district regulations but is more restrictive than the GI district since there are higher building and site standards in the Business Park District. Should the City Council approve this amendment it would allow outdoor structures or equipment in the BP— Business Park district subject to the standards listed in the attached draft ordinance. BACKGROUND The City of Rosemount last amended the Business Park zoning district in 2006. The key results of that amendment were to simplify district standards by consolidating the four sub-districts (BP-1,BP- 2,BP-3 and BP-4) into one general business park district and eliminating outdoor storage or display. The removal of outdoor storage or display (see definition below) had the unintended result of creating ambiguity about the inclusion of outdoor structures or equipment (such as storage silos and air filter systems) that are often integral to light industry uses. The intent of this amendment is to clarify the City's original goal to allow outdoor structures or equipment accessory and integral to a principal use while prohibiting outdoor storage or display within the Business Park. Definition of Outdoor Storage/Display: Exterior depository, stockpiling, or safekeeping of all merchandise,materials, supplies,products (finished or unfinished), equipment,vehicles or trailers, or the like. Outdoor storage does not include large structures or equipment which: a) are accessory and integral to a permitted use within the general industrial district,b) refine or store combustible or explosive materials, or c) blend, store and distribute chemicals or fertilizer. Nor shall outdoor storage include required off street parking areas. Outside storage areas are located within a clearly defined boundary and may be enclosed by a structure that includes a roof but no side walls or any uncovered areas surrounded by fencing, berming,landscaping or other screening material. ISSUE ANALYSIS Legal Authority. Zoning ordinance amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of structures or use. Under the law, the City has wide flexibility to create standards that will insure the type of development it desires. Propose Ordinance Changes. The attached draft ordinance details the standards associated with allowing outdoor structures or equipment in the BP—Business Park district. It states they must be functioning structures such as conveyor belt systems, cooling towers, storage silos or the like that are accessory and integral to the principal use of the site. In summary, these standards include: • The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into a building design. • The site and building(s) shall be designed to screen and limit the effects of the outdoor structure or equipment on adjacent properties and public right(s) of way. • Each property may have up to four (4) outdoor structures or equipment clustered together in an aggregate area not to exceed 5,000 square feet. • The height of outdoor structure or equipment shall not exceed sixty (60) feet. • The outdoor structure or equipment shall not take up, encroach upon or interfere with access to any required yard,parking,loading,maneuvering or pedestrian area. • The outdoor structure or equipment shall be located on an approved surface. • The city may exempt outdoor structure or equipment from the site and building performance standards in subsection G of this section; however all such structures or equipment must be functional and shall be made of high quality long lasting material compatible with both adjacent properties and other buildings in the BP district. In review of the former Millworks property, there were three accessory equipment items: two air filter systems and one silo. The broker for the property,which is currently vacant,asked about some storage silos for a perspective tenant at the property. Upon ordinance review,it was noted the ordinance is silent on the issue--what is not expressly permitted or prohibited. Therefore staff is initiating the ordinance amendment to permit some equipment but not to the extent allowed in the city industrial districts. The limitations proposed would have allowed slightly more items (one more silo) than the Millworks property.A picture of the pre-existing condition is provided for the Commission's information. Additionally, since the building often functions as the screening for the equipment, and the new building height is 50', staff is comfortable that an accessory structure, 10' higher than the potential building height is reasonable. 2 CONCLUSION & RECOMMENDATION Staff recommends approval of the attached draft ordinance amending Section 11-4-15.0 of the City Code related to accessory uses in the BP—Business Park District. This item was initiated by staff in response to recent inquiries from commercial brokers regarding businesses that require outdoor structures or equipment that are accessory yet integral to the principal use of the site. The intent of this amendment is to clarify the City's original intention to allow outdoor structures or equipment accessory and integral to the principal use while prohibiting outdoor storage or display within the business park. The proposed standards are based on a review of existing sites and the City's existing regulations for such uses in the GI—General Industrial district. Should the City Council approve this amendment it would allow outdoor structures or equipment in the BP—Business Park district subject to the standards listed in the attached draft ordinance. 3 City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO ACCESSORY USES IN THE BP — BUSINESS PARK DISTRICT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT,MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled"City of Rosemount Zoning Ordinance,"is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11-4-15.C: Accessory Uses in the BP—Business Park district is hereby amended as follows: C.Accessory Uses: The following uses shall be permitted accessory uses: 1. Off street parking or loading for a permitted, conditional or interim use. 2. Outdoor structures. Functioning struOtties such as conveyor It systems, cooling towers, storage silos or the like that rire,accessory and integral a�tie principal use of the site may be allowed, subject to the'following a. The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into a buildin d-e ign. b. The site and building(s) shall be designed to screen;°and limit the effects of the outdoor uct re or equipment on adjacent properties'°and public right(s) of way. c. Each property may have up to four`(4) outdoor structures or equipment clustered together ikan,aggrgarte area not to xceed 5,000 square feet. d. "The height of outdoor structure or equipment shall not exceed sixty(60) feet. The outdoor tructure or equipment shall not take up, encroach upon or interfere with access to any required yard,parking, loading, maneuvering or pedestrian f. The outdoor structure or equipment shall be located on an approved surface. g. The city may - empt outdoor structure or equipment from the site and building performance standards in subsection G of this section; however all such structures or equipment must be functional and shall be made of high quality long lasting material compatible with both adjacent properties and other buildings in the BP district. 3. Overnight sleeping facilities for security personnel. 4. Retail sales of products manufactured, fabricated, or assembled on site limited to fifteen percent(15%) of the gross floor area of the principal building. F. Minimum Lot Requirements and Setbacks: 10. Maximum building height: a. Principal structure: Fifty feet (50'). b. Accessory structure: Forty feet (40'), except for outdoor structures in Section C.2. above. (Ord. B-210, 12-21-2010) Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this day of ,2013. 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