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Home My WebLink About6.i. Zoning Ordinance Text Amendment Relating to Accessory Uses in the BP – Business Park District, Case 13-32-TA ROSEv1OUNT EXECUTIVE SUMMARY CITY COUNCIL 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 — !Business Park District BY: Jason Lindahl, AICP AGENDA NO. Planner ATTACHMENTS: Excerpt PC Minutes from 10-08-13, APPROVED BY: Ordinance Amendment, Pictures of Outdoor Equipment at Former Millworks Site vat RECOMMENDED ACTION: Motion to approve the attached ordinance amending the Rosemount Zoning Ordinance B Relating to Accessory Uses in the BP — Business Park District. SUMMARY The Planning Commission and staff recommend approval of the attached 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 design 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 conditions listed in the attached ordinance. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their October 8th meeting. Excerpt minutes from that meeting are attached for your reference. The Commission held a public hearing that produced no comments. The Commission asked questions about how to make the size and height standards more specific. After some discussion, staff recommended adding the word"total" to item C.2.c of the ordinance (see attach) to emphasize that 5,000 square feet is the maximum area allowed for outdoor structures or equipment. The Commission then approved a motion recommending the City Council approve the proposed zoning ordinance text amendment. 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 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 total 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. 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 is prohibited. Therefore staff is initiating the 2 ordinance amendment to permit some equipment but not to the extent allowed in the city's 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 Council'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. CONCLUSION & RECOMMENDATION The Planning Commission and staff recommend approval of the attached 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 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING October 8, 2013 5.a. Zoning Ordinance Text Amendment Relating to Accessory Uses with the BP— Business Park District(13-32-TA). 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. Planner Lindahl reviewed the staff report. Commissioner Miller asked for a clarification of the 5,000 square feet and 60 foot height requirements and why a variance would not be considered in this situation rather than an ordinance change. Mr. Lindahl explained the basis for the standards and stated that staff feels it is important to establish standards that defines both the height and space allowed for outdoor structures and equipment to create more certainty for brokers,property owners and businesses. Senior Planner Zweber added that the Business Park district is the only district that allows a site plan review to be approved administratively to allow businesses a quicker process. A conditional use permit or variance would require a public hearing. Commissioner Kurle asked if the 5000 square foot maximum meant per structure or per total area and wondered if the language could be more specific to avoid future questions. Mr. Lindahl stated the requirement is a total area of 5,000 square feet and the word"total" can be added to tighten up the language. The public hearing was opened at 6:49p.m. There were no public comments. MOTION by Weber to Close the Public Hearing. Second by Kurle. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 6:50pm. Chairperson Powell asked for revised language with respect to Commissioner Kurle's request. Mr. Lindahl stated that Section C.2.c. can read as "Each property may have up to four (4) outdoor structures or equipment clustered together in a total aggregate area not to exceed 5,000 square feet". Commissioner Weber asked if the language should be more specific as to how many clusters of equipment are allowed. Mr. Zweber stated that restricting the language to read only"one" cluster is allowed may not be appropriate in every case and cited his experience with the Proto Labs business having separate areas of equipment. MOTION by Weber 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 with new wording in Section C.2.c. Second by Powell. Ayes: 5. Nays: None. Motion approved. Mr. Lindahl stated that this item is scheduled to go before the City Council for approval at their meeting on November 5,2013. 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 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 may be allowed, subject to the following: a. The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into a building design. b. 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. c. Each property may have up to four(4) outdoor structures or equipment clustered together in an total aggregate area not to exceed 5,000 square feet. d. The height of outdoor structure or equipment shall not exceed sixty(60) feet. e. 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. f. The outdoor structure or equipment shall be located on an approved surface. g. 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. 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. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. 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