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HomeMy WebLinkAbout9.a. Zoning Ordinance Text Amendment Related to Non-Conforming Auto Related Uses EXECUTIVE SUMMARY City Council Meeting Date: June 23, 2015 AGENDA ITEM: Case 15-04-TA City of Rosemount. Zoning Ordinance Text Amendment Related to Non-Conforming Auto Related Uses AGENDA SECTION: New Business PREPARED BY: Jason Lindahl, AICP Planner AGENDA NO. 9.a. ATTACHMENTS: Zoning Ordinance Text Amendment, Summary Resolution, PC Excerpt Minutes 6/23/15, Stakeholder Map, Comments from Stakeholders APPROVED BY: K.L./ddj RECOMMENDED ACTION: Staff recommends the City Council adopt the following two motions: 1. Motion to approve an ordinance amending the Rosemount Zoning Ordinance B related development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops). 2. Motion to adopt a Resolution authorizing publication of a summary of Ordinance No. B- ___ amending Ordinance B, the Zoning Ordinance related development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops). SUMMARY This application was initiated by staff as a result of the findings and recommendations from the South Urban Gateway planning study. The City Council and Port Authority approved this study in August of 2014. The Implementation section of this report included a recommendation to consider zoning changes targeted to non-conforming auto related uses. The proposed changes would maintain the auto related uses in the C-3 and LI district while allowing additional outdoor storage, re-establish minor automobile repair and nonservice motor fuel stations in the C-4 district, introduce truck stops into the GI and HI districts as a conditional uses and revise and update associated definitions. Both the Planning Commission and staff recommend approval of the attached zoning ordinance text amendment revising the development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops). PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item on June 23, 2015. Dr. Kurt Hansen testified during the public hearing and stated he was against any changes that prevent existing businesses from expanding or created non-conformities (see attached letter). Staff responded that they had distributed Dr. Hansen’s letter to the Commission. It was explained that the proposed changes are intended to maintain the auto related uses in the C-3 and LI districts while allowing additional outdoor storage, re-establish minor automobile repair and nonservice motor fuel stations in the C-4 district, introduce truck stops into the GI and HI districts as a conditional uses and revise and update associated definitions. Overall, the proposed changes will clarify the existing standards, allow 2 additional outdoor storage in the C-3 and LI Districts and eliminate existing non-conforming auto repair and gas stations uses in the C-4 district. Using the example of the former Marathon gas station and the Dakota County Community Development Agency new senior housing building, Commissioner Freeman inquired about the conditional use standard that prohibits auto related uses on sites abutting residential. Staff clarified new residential uses may choose to locate next to existing auto related uses and that would not place new zoning limitations on the existing auto related use. Since that time staff has discussed that the intention of the ordinance standard is to prohibit auto related uses abutting a residential use. However, if the two uses are across the street, staff believes that is a reasonable separation and allows buffering between the two uses. The Commission went on to discuss the definitions for auto repair and truck stops. Commissioners Miller and Kenninger thought these definitions should be more specific while Commissioners Henri, Kurle and VanderWiel thought the definitions were detailed enough to provide direction to both applicants and staff. After some discussion, staff agreed to add the word “primary” before this list of activities for truck stops, the phrase “…but shall not include any operation specified under Automobile Repair - Major" to the definition for minor auto repair and the word “services” to the end of the list of activities under major auto repair. BACKGROUND In 2005, the City updated the standards for the C-3, Highway Commercial and C-4, General Commercial districts. At that time, the primary goal was to rearrange the uses within those districts to focus the auto-oriented and outdoor display uses in the C-3 District while creating detailed performance standards for conditional uses. A secondary goal was to establish consistent and high- quality development standards. Changes to the development standards focused on four areas including: (1) increasing the buffering standards for commercial uses contiguous to non-commercial or non-industrial uses or districts; (2) updating the building materials and appearance standards; (3) create parking lot screening and landscaping standards; and (4) adding landscaping and irrigation standards. An unintended result of these changes was to make auto related business within the C-4 District non-conforming uses. The South Urban Gateway planning study identified this as an issue for businesses within the study area such as Valvoline and Holiday. PROCESS AND STAKEHOLD FEEDBACK In January, the Planning Commission approved a process and timeline for this planning study. The process included direct engagement of the affected businesses and property owners through mailings, e-mails, and phone calls. Staff also held a project specific open house prior to the May Planning Commission meeting to allow stakeholders to review the proposed changes and provide feedback before holding the formal public hearing. During the study, staff reviewed the findings from the South Urban Gateway study, assessed the existing conditions and operation of the auto related uses throughout town, compared Rosemount’s existing development regulations with the zoning standards of five similar communities (Apple Valley, Eagan, Burnsville, Lakeville, and Woodbury) and studied several use definitions from the American Planning Association. Stakeholder feedback during this process was limited but valuable in updating these regulations. Comments from Rosemount Goodyear were particularly helpful in supporting the practice of re- establishing minor auto repair uses in the C-4 district. Feedback was likely limited because of the extensive public participation in the South Urban Gateway project and that the proposed changes eliminate many existing non-conformities which was supported by existing businesses. Overall, feedback has been positive. Correspondence from the stakeholders is attached for your reference. 3 ISSUE ANALYSIS Legal Authority. Ordinance amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will insure the type of development it desires. However, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Zoning Standards Review. During review of the standards for auto related uses, questions were raised about the conditional use permit standard that prohibits these types of uses on sites abutting residential uses or districts. The zoning ordinance notes that zoning district boundaries run to the centerline of a street. However, the spirit and intent of this standard was to separate properties that contain residential uses from properties that contain auto related uses. In this case “abutting” means properties that directly touch each other. Therefore, even though zoning district boundaries may run to the centerline of a street, the conditional use permit standard prohibiting auto related uses on sites abutting residential uses or district shall not apply to situations were such properties are physically separated by a public street but rather to situations were such properties directly abut each other. Examples of locations were the separation requirement would not apply include the former Marathon gas station and the Dakota County Community Development Agency’s new senior apartment building which are separated by Lower 147th Street West or the planned gas station in Rosemount Estates and the single family residential dwellings to the north which are separated by 149th Street West. Staff has added language that clarifies the implementation of the ordinance siting criteria so that auto uses across the street from residential uses are allowed by conditional use, while auto related uses next to a residential use are prohibited. The attached draft zoning ordinance text amendment would make changes to the definitions and zoning regulations related to automobile repair, car washes, motor fuel stations, and truck stops. These proposed changes are summarized below and in the attached tables. Detailed strikethrough and underline changes can be found in the attached ordinance. Overall, the proposed changes will not create additional non-conformities and implement the following changes: • Update the following terms: o Automobile repair becomes major or minor automobile repair. o Nonservice retail facilities having gasoline pumps becomes nonservice motor fuel stations. o Car wash becomes car wash full service or car wash self-service. • Create definitions for major automobile repair, minor automobile repair, nonservice motor fuel stations, car wash full service, car wash self-service, and truck stops. • Eliminate the existing definitions for car wash, accessory use, and car wash principal use. • Maintain the standards for auto related uses in the C-3 Highway Commercial and LI – Light Industrial districts with the option to have additional outdoor storage through a separate conditional use permit. • Re-establish minor automobile repair and nonservice motor fuel stations as conditional uses under the same terms listed for these uses in the C-3 district with the exception of additional outdoor storage and allow full service car washes as an accessory use to minor automobile repair or nonservice motor fuel stations. • Introduce truck stops as a conditional use in the GI – General Industrial and HI – Heavy Industrial as a conditional use. Changes to the Definitions. This text amendment adds definitions for major automobile repair, 4 minor automobile repair, nonservice motor fuel station, and truck stop. It should be noted that the existing term nonservice retail facilities having gasoline pumps changes to nonservice motor fuel station. It also replaces car wash accessory and car wash principal with car wash full service and car wash self-service. For the most part the proposed definitions come from the American Planning Association Planners Dictionary and are used, with minor modifications. The reason for the ordinance changes is to define two types of automobile repair and car washes and create clear definitions for nonservice motor fuel stations and truck stops. New Definitions: AUTOMOBILE REPAIR, MINOR: Minor automotive servicing and replacement of parts, usually in the same day, for passenger automobiles and/or motorcycles not in excess of 7,000 pounds gross weight. Services include, but are not limited to, engine tune-up, lubrication, and tire, muffler, brake, and electrical services but shall not include any operation specified under "Automobile Repair – Major." AUTOMOBILE REPAIR, MAJOR: Repair garages and specialty establishments for motorcycles, passenger automobiles and trucks of all sizes, such as machine, body and fender, auto glass, painting, radiator, transmission, and vehicle upholstery services. May also include repair of machinery and equipment. NONSERVICE MOTOR FUEL STATION. Nonservice motor fuel stations shall include motor fuel stations, motor fuel station convenience stores, and all premises whereon the owner or occupant conducts the business of furnishing, selling, or dispensing motor fuel or liquefied petroleum for motor vehicles but shall not include major automobile repair, minor automobile repair, or truck stops. TRUCK STOP: Any building, premises or land in which or upon which a business, service or industry involving the maintenance, cleaning, servicing, storage or repair of commercial vehicles is conducted. Primary activities include the dispensing of motor fuel and the sale of accessories or equipment for trucks and similar commercial vehicles but may also include overnight accommodations, restaurant facilities, a car wash and truck wash or other ancillary uses. CAR WASH, SELF SERVICE OR DRIVE THROUGH: A car wash wherein the customer provides labor and where only limited self-propelled wash racks are provided. CAR WASH, FULL SERVICE: A car wash wherein operating functions are performed primarily by an operator owner through the use of washing, waxing, and drying equipment supplemented with manual detailing by the operator owner. Deleted Definitions: CAR WASH, ACCESSORY: An accessory building or part of a principal building equipped with mechanical equipment for washing autos (not a conveyer system) which is accessory to a gasoline station and comprises only one normal service bay of the gas station. CAR WASH, PRINCIPAL USE: A principal building or use which is equipped with a conveyor system and other mechanical equipment and facilities for washing motor vehicles. Changes to the C-3 - Highway Commercial District. Currently, automobile repair, car washes and nonservice motor fuel stations are conditional uses in the C-3 district. The proposed zoning ordinance text amendment would continue to allow all three of these activities as conditional uses under the existing conditional use standards for major or minor automobile repair, full, or self-service 5 car wash or nonservice motor fuel station. In addition it would add full or self-service car washes as an accessory use to any automobile repair or nonservice motor fuel station uses and allow additional outdoor storage through a separate conditional use permit. These changes will not create additional non-conformities and allow expansion of these uses through approval of a conditional use permit. Changes to the C-4 - General Commercial District. The 2005 zoning ordinance update removed auto related uses from the C-4 district making several existing uses non-conforming. It should be noted that under state law any nonconformity may be continued through repair, replacement, restoration, maintenance, or improvement but cannot expand. Given this unintended result, the proposed zoning ordinance text amendment would re-establish minor automobile repair and nonservice motor fuel stations as conditional uses under the same terms listed for these uses in the C- 3 district with the exception of additional outdoor storage. It would also allow full service car washes as an accessory use to minor automobile repair or nonservice motor fuel stations. These changes will not create additional non-conformities but rather eliminate existing non-conforming use status for Goodyear, Holiday, and Valvoline and allow expansion of these uses through approval of a conditional use permit. Changes to the LI –Light Industrial District. Presently, automobile repair and nonservice motor fuel stations are conditional uses in the Light Industrial district. The proposed zoning ordinance text amendment would continue to allow these activities as conditional uses under the existing standards for major or minor automobile repair or nonservice motor fuel station under the same terms listed for these uses in the C-3 district. In addition, it would add full or self-service car washes through either a separate conditional use or an accessory use to any automobile repair or nonservice motor fuel station. The proposed changes would also allow additional outdoor storage through a separate conditional use permit. Currently, there is no land within the City zoned Light Industrial so these changes will not create additional non-conformities. Changes to the GI – General Industrial District and HI – Heavy Industrial District. Currently, auto related uses (automobile repair, car washes, and nonservice motor fuel stations) are not allowed in either the GI or HI districts. The proposed zoning ordinance text amendment would introduce truck stops as a conditional use in both districts subject to performance standards for location, installation, sanitary dumps, fuel pump canopies, dust control and drainage, access and circulation, parking, pedestrian traffic, noise, outdoor storage, and signage. These standards are detailed in the attached ordinance and would limit truck stops to the GI and HI districts east of Blaine (County Road 71) and within ¼ mile of a principal arterial road as defined by the comprehensive Plan (U.S 52 or County Road 42). CONCLUSION Both the Planning Commission and staff recommend approval of the attached zoning ordinance text amendment revising the development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops). This application was initiated by staff as a result of the findings and recommendations from the South Urban Gateway planning study. The proposed changes would maintain the auto related uses in the C-3 and LI district while allowing additional outdoor storage, re- establish minor automobile repair and nonservice motor fuel stations in the C-4 district, introduce truck stops into the GI and HI districts as a conditional uses and revise and update associated definitions. Overall, these changes will not create additional non-conformities and allow expansion of these uses in appropriate locations through approval of a conditional use permit. City of Rosemount Ordinance No. B- ______ AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO STANDARDS FOR AUTOMOBILE RELATED USES 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 11-1-4: Definitions is hereby amended as follows: AUTOMOBILE REPAIR, MINOR: Minor automotive servicing and replacement of parts, usually in the same day, for passenger automobiles and/or motorcycles not in excess of 7,000 pounds gross weight. Services include, but are not limited to, engine tune-up, lubrication, and tire, muffler, brake, and electrical services but shall not include any operation specified under "Automobile Repair - Major". AUTOMOBILE REPAIR, MAJOR: Repair garages and specialty establishments for motorcycles, passenger automobiles and trucks of all sizes, such as machine, body and fender, auto glass, painting, radiator, transmission, and vehicle upholstery services. May also include repair of machinery and equipment. NONSERVICE MOTOR FUEL STATION. Nonservice Motor fuel stations shall include motor fuel stations, motor fuel station convenience stores, and all premises whereon the owner or occupant conducts the business of furnishing, selling or dispensing motor fuel or liquefied petroleum for motor vehicles but shall not include major or minor automobile repair. TRUCK STOP: Any building, premises or land in which or upon which a business, service or industry involving the maintenance, cleaning, servicing, storage or repair of commercial vehicles is conducted. Primary activities include the dispensing of motor fuel and the sale of accessories or equipment for trucks and similar commercial vehicles but may also include overnight accommodations, restaurant facilities, a car wash and truck wash or other ancillary uses. CAR WASH, ACCESSORY: An accessory building or part of a principal building equipped with mechanical equipment for washing autos (not a conveyer system) which is accessory to a gasoline station and comprises only one normal service bay of the gas station. CAR WASH, FULL SERVICE: A car wash wherein operating functions are performed primarily by an operator owner through the use of washing, waxing, and drying equipment supplemented with manual detailing by the operator owner. CAR WASH, PRINCIPAL USE: A principal building or use which is equipped with a conveyor system and other mechanical equipment and facilities for washing motor vehicles. CAR WASH, SELF SERVICE OR DRIVE THROUGH: A car wash wherein the customer provides labor and where only limited self-propelled wash racks are provided. 2 Section 2. Rosemount Zoning Ordinance B, Section 11-4-13: C-3 Highway Commercial District is hereby amended as follows: C. Accessory Uses: The following uses shall be permitted accessory uses: Car Wash, Full Service – Accessory to Auto Repair (Major or Minor) or Nonservice Motor Fuel Stations. Car Wash, Self Service - Accessory to Auto Repair (Major or Minor) or Nonservice Motor Fuel Stations. D. Conditional Uses: The following uses are conditional uses in the C-3 district, and are subject to the conditional use permit provisions outlined in this title: Automotive Repair, Major or Minor subject to: 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights of way. No automotive repair use shall be located on a site abutting any residential use or district. Sites or properties separated by a public right-of-way shall not be considered abutting. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except minor maintenance, including tire inflation, adding oil, wiper replacement and the like. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building. 3. Gasoline pumps/sales shall require an additional conditional use permit subject to the performance standards outlined in this subsection for nonservice motor fuel stations retail facilities having gasoline pumps. 4. Outdoor storage of parts, materials, and equipment is prohibited may be allowed in the C-3 Highway Commercial or LI – Light Industrial districts subject to the performance standards outlined in those subsection for Outdoor Display/Storage or Sales. 5. Automotive repair uses shall designate on a site plan separate areas for customer parking and storage of inoperable vehicles awaiting repair or repaired vehicles awaiting pick up. These areas shall meet the design standards outlined in section 11-6-1, "Off Street Parking Requirements", of this title and be screened as follows: a. Customer parking areas shall meet the applicable screening standards outlined in this title including, but not limited to, section 11-6-1, "Off Street Parking Requirements", of this title and this section. b. Inoperable vehicles awaiting repair or repaired vehicles awaiting pick up shall be stored behind the principal building. Landscaping and berming shall be a secondary source for screening said vehicles. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more 3 than twenty five feet (25') without a change in architecture to reduce their mass and appearance. Stacking areas shall have a minimum ninety percent (90%) opacity screen to a height of six feet (6'). c. In the C-3 Highway Commercial or LI – Light Industrial districts junk or unlicensed vehicles awaiting repair or pick up shall be stored completely inside a closed building in accordance with the performance standards outlined in section 11-2-9 of this title. 6. Parking of vehicles on public right of way shall be prohibited. 7. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter in compliance with Minnesota pollution control standards and applicable fire and building codes. 8. All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota fire code. 9. No public address system shall be audible from a noncommercial or nonindustrial use or district. Commercial car washes (drive-through, mechanical and self-service) Car Wash, Full or Self Service provided that: 1. The site and building(s) shall be designed to limit the effects of the washing operation on adjacent properties and public rights of way. No car wash use shall be located abutting any residential use or district. Sites or properties separated by a public right-of-way shall not be considered abutting. 2. The principal building shall be the primary source for screening the stacking and exiting areas from adjacent properties and/or rights of way. Landscaping and berming shall be a secondary source for screening the stacking and exiting areas. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty five feet (25') without a change in architecture to reduce their mass and appearance. Stacking areas shall have a minimum ninety percent (90%) opacity screen to a height of six feet (6') while exiting areas shall have a minimum fifty percent (50%) opacity screen to a height of at least four feet (4'). 3. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building. 4. Commercial car washes shall have a minimum of six (6) stacking spaces per wash stall. Each space shall be a minimum of nine feet (9') wide by eighteen feet (18') long. 5. Stacking lanes shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. 4 6. Untreated water from the car wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of metropolitan council environmental services and MPCA. Nonservice Motor Fuel Station retail facilities having gasoline pumps. 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights of way. No gasoline pumps shall be located on a site abutting any residential use or district. Sites or properties separated by a public right-of-way shall not be considered abutting. 2. The principal building shall be the primary source for screening the gasoline pumps from adjacent properties and/or rights of way. Landscaping and berming shall be a secondary source for screening gasoline pumps. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty five feet (25') without a change in architecture to reduce their mass and appearance. The secondary source of screening (landscaping and berming or walls and/or decorative fencing) shall provide a minimum ninety percent (90%) opacity screen to a height of four feet (4'). 3. Stacking for gas pumps shall be provided for at least one car beyond the pump island in each direction in which access can be gained to the pump. Each space shall be a minimum of nine feet (9') wide by eighteen feet (18') long. 4. Stacking areas shall be designed and located to minimize noises, emissions, and headlight glare upon adjacent properties and shall not interfere with circulation through any required parking, loading, maneuvering or pedestrian area. 5. Fuel pumps shall be installed on pump islands. Pump islands shall be elevated six inches (6") above the traveled surface of the site and shall conform to the applicable principal building setback. Additionally, there shall be sufficient area around the pump island(s) to allow for safe and efficient movement of vehicles through the site, with a minimum twenty four feet (24') between pump rows, measured curb face to curb. 6. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations that do not conflict with circulation, access and other activities on the site. 7. A protective canopy structure may be located over the pump islands, subject to the following standards: a. The edge of the canopy shall maintain setbacks as required for the principal building. b. The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. The canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps. 5 c. The canopy shall not exceed eighteen feet (18') in height and must provide at least fourteen feet (14') of clearance to accommodate a semitrailer passing underneath. The height of the canopy may be increased should the city council determine the architectural design enhances the site and/or is more consistent with the principal building. d. The canopy fascia shall not exceed three feet (3') in vertical height. e. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination shall not exceed one hundred fifteen (115) foot-candles below the canopy at ground level. The fascia of the canopy shall not be illuminated. f. Signage may be allowed on a canopy, however such signage will apply towards the allowable sign area for the principal building and/or ground sign. 8. No public address system shall be audible from a noncommercial or nonindustrial use or district. 9. The sale, storage, or display of vehicles is prohibited. 10. No outside storage, display, or services shall be allowed except as follows: a. Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the tanks are secured in a locker and the use meets all state building and fire codes. b. Sale or display of goods shall be allowed on the private sidewalk immediately in front of the principal building, provided that a minimum four foot (4') clearance is maintained for pedestrian access and that the display does not exceed four feet (4') in height and is maintained in an orderly fashion. Display shall not block the handicap accessible route. c. Sale or display of goods shall be allowed in an area underneath the canopy adjacent to the pump island provided that the display does not exceed three feet (3') in height or extend beyond the concrete base of the pump island. This area shall be maintained in an orderly and safe fashion and in accordance with applicable state fire code regulations. 11. Any repair, assembly, disassembly or maintenance of vehicles shall require an additional conditional use permit subject to the performance standards outlined in this subsection for Automotive Repair. 12. A car wash facility not accessory to automobile repair or a nonservice motor fuel station shall require an additional conditional use permit subject to the performance standards outlined in this subsection for commercial car washes Car Wash, Full or Self Service. Section 3. Rosemount Zoning Ordinance B, Section 11-4-14: C-4 General Commercial District is hereby amended as follows: C. Accessory Uses: The following uses shall be permitted accessory uses: Car Wash, Full Service – Accessory to Minor Auto Repair or Nonservice Motor Fuel Stations. 6 D. Conditional Uses: The following uses are conditional uses in the C-4 district, and are subject to the conditional use permit provisions outlined in this title: Automotive Repair, Minor subject to: 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights of way. No automotive repair use shall be located on a site abutting any residential use or district. Sites or properties separated by a public right-of-way shall not be considered abutting. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building, except minor maintenance, including tire inflation, adding oil, wiper replacement and the like. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building. 3. Gasoline pumps/sales shall require an additional conditional use permit subject to the performance standards outlined in this subsection for nonservice motor fuel stations retail facilities having gasoline pumps. 4. Outdoor storage of parts, materials, and equipment is prohibited 5. Automotive repair uses shall designate on a site plan separate areas for customer parking and storage of inoperable vehicles awaiting repair or repaired vehicles awaiting pick up. These areas shall meet the design standards outlined in section 11-6-1, "Off Street Parking Requirements", of this title and be screened as follows: a. Customer parking areas shall meet the applicable screening standards outlined in this title including, but not limited to, section 11-6-1, "Off Street Parking Requirements", of this title and this section. b. Inoperable vehicles awaiting repair or repaired vehicles awaiting pick up shall be stored behind the principal building. Landscaping and berming shall be a secondary source for screening said vehicles. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty five feet (25') without a change in architecture to reduce their mass and appearance. Stacking areas shall have a minimum ninety percent (90%) opacity screen to a height of six feet (6'). c. Junk or unlicensed vehicles awaiting repair or pick up shall be stored completely inside a closed building in accordance with the performance standards outlined in section 11-2-9 of this title. 6. Parking of vehicles on public right of way shall be prohibited. 7. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter in compliance with Minnesota pollution control standards and applicable fire and building codes. 7 8. All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota fire code. 9. No public address system shall be audible from a noncommercial or nonindustrial use or district. Nonservice Motor Fuel Station subject to the requirements in the C-3 district in subsection 11-4- 13.D. Section 4. Rosemount Zoning Ordinance B, Section 11-4-15-1: Light Industrial District is hereby amended as follows: Accessory Uses: The following uses shall be permitted accessory uses: Car Wash, Full Service – Accessory to Auto Repair (Major or Minor) or Nonservice Motor Fuel Stations. Car Wash, Self Service - Accessory to Auto Repair (Major or Minor) or Nonservice Motor Fuel Stations. D. Conditional Uses: The following uses are conditional uses in the LI light industrial district and are subject to the conditional use permit provisions outlined in this title. Automotive repair, Major or Minor, subject to the requirements of the C-3 district in subsection 11- 4-13.D of this chapter. Car Wash, Full Service subject to the requirements outlined in the C -3 district in subsection 11-4- 13.D. Nonservice Motor Fuel station retail facilities having gasoline pumps, subject to the requirements of the C-3 district in subsection 11-4-13D of this chapter. Section 5. Rosemount Zoning Ordinance B, Section 11-4-16: General Industrial District is hereby amended as follows: D. Conditional Uses: The following uses are conditional uses in the GI general industrial district and are subject to the conditional use permit provisions outlined in this title. Truck Stops, provided that: 1. Location: Truck stops shall be located east of Blaine Avenue (County Road 71) and within one- fourth (1/4) mile or one thousand three hundred twenty feet (1,320') of a principal arterial roadway. 2. Installation Standards: Truck stops shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access 8 by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. 3. Sanitary Dump: A sanitary dump shall be required at all truck stops. The sanitary dump must comply with all requirements of the Minnesota pollution control agency (MPCA). 4. Canopy: A protective canopy structure may be located over the pump island(s) as a permitted accessory structure. The canopy shall meet the following performance standards: a. The edge of the canopy shall be seventy feet (70') or more from the front and/or side lot line, provided that adequate visibility both on site and off site is maintained. b. The canopy shall not exceed eighteen feet (18') in height and must provide fourteen feet (14') of clearance to accommodate a semitrailer truck from passing underneath. c. The canopy fascia shall not exceed three feet (3') in vertical height. d. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination may not exceed one hundred fifteen (115) foot-candles below the canopy at ground level. The fascia of the canopy shall not be illuminated. e. The architectural design, colors, and character of the canopy shall be consistent with the principal building on the site. f. Signage may be allowed on a detached canopy in lieu of wall signage on the principal structure, provided that: i. The individual canopy sign does not exceed more than twenty percent (20%) of the canopy facade facing a public right of way. ii. The canopy fascia shall not be illuminated, except for permitted canopy signage. g. Canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps. 5. Pump Islands: Pump islands must be elevated six inches (6") above the traveled surface of the site. Pump islands must be set at least seventy feet (70') back from any property line. Setback between pump island curb face shall be sufficient for the servicing and maneuvering of semitrucks with trailers. 6. Dust Control And Drainage: The entire site other than taken up by a building, structure, or plantings shall be surfaced with asphalt, concrete, cobblestone or paving brick. Plans for surfacing and drainage shall be subject to approval of the city engineer. Drainage from all fueling areas shall be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall include the following: 9 a. A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of drainage area. b. A minimum pool depth of four feet (4'). c. A minimum oil containment capacity of eight hundred (800) gallons. d. Minimum maintenance/inspection of two (2) times per year and/or after measurable spill events. A measurable spill shall be defined by the Minnesota pollution control agency (MPCA). A measurable spill must be reported to the MPCA. 7. Access and Circulation: Vehicular access points shall create a minimum of conflict with through traffic movement. The site design must accommodate adequate turning radius and vertical clearance for a semitrailer truck. A site plan must be provided to illustrate adequate turning radius, using appropriate engineering templates. 8. Parking: a. Parking for motor fuel service shall be in addition to that required for other uses on the site. b. Parking spaces shall be determined on an individual basis by the city council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles. c. Parking stalls for trucks and trailers shall be a minimum of twelve feet (12') wide and seventy feet (70') long, exclusive of drive aisles. 9. Pedestrian Traffic: a. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 10. Noise: Public address system shall not be audible at any property line. Play of music or advertisement from the public address system is prohibited. 11. Outside Storage, Sales And Service: No outside storage or sales shall be allowed, except as follows: a. Public phones may be located on site as long as they do not interrupt on site traffic circulation, and may not be located in a yard abutting residentially zoned property. 10 b. Propane sales limited to twenty (20) pound capacity tanks may be located outside as long as the propane tanks are secured in a locker and meet all state uniform building and fire codes. c. A compressed air service area may be located on site as long as it does not interrupt on site traffic circulation. 12. Signs: A comprehensive sign plan must be submitted as part of a conditional use permit application. All signing and informational or visual communication devices shall be minimized and shall be in compliance with chapter 8 of this title. Section 6. Rosemount Zoning Ordinance B, Section 11-4-16-1: Heavy Industrial District is hereby amended as follows: Truck Stops subject to the requirements outlined in the GI district in subsection 11-4-16.D. Section 7. 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 _____, 2015. CITY OF ROSEMOUNT ________ William H. Droste, Mayor ATTEST: Clarissa Handler, City Clerk Published in the Rosemount Town Pages this ____ day of __________, 2015. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2014 - ____ A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B– ____ AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATED TO DEVELOPMENT STANDARDS FOR AUTO RELATED USES (AUTOMOBILE REP AIR, CAR WASH, MOTOR FUEL STATIONS AND TRUCK STOPS). WHEREAS, the Planning Commission of the City of Rosemount recommended City Council approval of this amendment after holding a public hearing on June 23, 2015; and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B- ____ amending the City of Rosemount Zoning Ordinance B relating to development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops); and WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. B- ____ to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their July 21, 2014 meeting, the City Council of the City of Rosemount adopted Ordinance No. B- ___. The ordinance amends Ordinance B, the Zoning Ordinance relating to development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops). In summary, the new ordinance makes the following six (6) changes: 1. Update the following terms: o Automobile repair becomes major or minor automobile repair. o Nonservice retail facilities having gasoline pumps becomes nonservice motor fuel stations. o Car wash becomes car wash full service or car wash self-service. 2. Create definitions for major automobile repair, minor automobile repair, nonservice motor fuel stations, car wash full service, car wash self-service, and truck stops. 3. Eliminate the existing definitions for car wash, accessory use, and car wash principal use. 4. Maintain the standards for auto related uses in the C-3 Highway Commercial and LI – Light Industrial districts with the option to have additional outdoor storage through a Resolution 2015 - ___ separate conditional use permit. 5. Re-establish minor automobile repair and nonservice motor fuel stations as conditional uses under the same terms listed for these uses in the C-3 district with the exception of additional outdoor storage and allow full service car washes as an accessory use to minor automobile repair or nonservice motor fuel stations. 6. Introduce truck stops as a conditional use in the GI – General Industrial and HI – Heavy Industrial as a conditional use. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B- ___ shall be kept in the City Clerk’s office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30 days after adoption. ADOPTED this 21st day of July, 2014, by the City Council of the City of Rosemount. ____________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Handler, City Clerk Public Notice During their July 21, 2014 meeting, the City Council of the City of Rosemount adopted Ordinance No. B- ___. The ordinance amends Ordinance B, the Zoning Ordinance relating to development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops). In summary, the new ordinance makes the following six (6) changes: 1. Update the following terms: o Automobile repair becomes major or minor automobile repair. o Nonservice retail facilities having gasoline pumps becomes nonservice motor fuel stations. o Car wash becomes car wash full service or car wash self-service. 2. Create definitions for major automobile repair, minor automobile repair, nonservice motor fuel stations, car wash full service, car wash self-service, and truck stops. 3. Eliminate the existing definitions for car wash, accessory use, and car wash principal use. 4. Maintain the standards for auto related uses in the C-3 Highway Commercial and LI – Light Industrial districts with the option to have additional outdoor storage through a separate conditional use permit. 5. Re-establish minor automobile repair and nonservice motor fuel stations as conditional uses under the same terms listed for these uses in the C-3 district with the exception of additional outdoor storage and allow full service car washes as an accessory use to minor automobile repair or nonservice motor fuel stations. 6. Introduce truck stops as a conditional use in the GI – General Industrial and HI – Heavy Industrial as a conditional use. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B- ___ shall be kept in the City Clerk’s office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30 days after adoption. ADOPTED this 21st day of July, 2014, by the City Council of the City of Rosemount. CITY OF ROSEMOUNT /s/William H. Droste, Mayor ATTEST: /s/Clarissa Handler, City Clerk 07/21/2015 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING June 23, 2015 5.a. Request by The City of Rosemount for a Text Amendment Related to Non -Conforming Auto Related Uses (15-22-TA) Planner Lindahl summarized his report for the Planning Commission. Chair Miller inquired about the difference between minor and major auto repairs, wonders if there is an option to make it more specific. He also felt Truck Stop should have a clearer defi nition as well; he wants to make it clear as possible for business owners. Planner Lindahl stated that Staff took a look at what other cities have done, as well as the American Planner Association definitions to help provide specificity. Minor would be what most users would need for repair of their vehicles. Major is the repair of larger commercial vehicles and auto body repair and painting. Lindahl stated wording could be added that major includes all minor plus items listed in major. It is a challenge to make it all encompassing but too cumbersome to make it difficult to interpret. Senior Planner Zweber stated that staff looks at how they would enforce the code when defining definitions and the need for a definition that the City can enforce. Lindahl state d that beyond the definition there are detailed conditions in the Conditional Use standards to help determine if it is major or minor auto repair. Miller also wondered at what point does a gas station becomes a truck stop. Lindahl stated that the definitio n and standards will define whether or not it is truck stop. The main item that will define a truck stop is that it is within a ¼ m ile of a principle arterial road, which would limit it to properties around the Hwy 52/42 interchange. Commissioner Kenninger inquired where an auto painting business would fit into major or minor auto repair. Lindahl stated that painting and collision repair would be major auto use. She also inquired if the intent of major auto is to only include passenger trucks not all truck types. Lindahl stated it should be all types. Commissioner Freeman inquired about the definitions that state that the use shall not be located near residential, for example the new senior housing complexes on South Robert Trail. Lindahl stated that the conditional use permit would address outside impact. If a new residential unit is built after the fact then it is choosing to be located near that busines s type. Commissioner VanderWiel clarified that all uses are conditional uses, so each case would be reviewed at time of approval and any issues could be addressed at that time. Lindahl stated that is correct. The public hearing was opened at 7:15 pm. Public comments: Dr. Kurt Hansen, owner of Rosie’s Market, is against any changes that prevents bu sinesses from flourishing in Rosemount, including the expansion of an existing business. MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 6. Nays: 0. Motion Passes. The public hearing was closed at 7:21 pm. Additional Comments: Planner Lindahl addresses Mr. Hanson’s concerns, he stated that the intent of these changes it to clarify some definitions and also make it easier for existing businesses to expand and grow. He also stated if these changes are adopte d, then there will be no new non-conformities or restrictions created but the changes are to remove them, especially in C -4 districts. As far as the comment referring to grandfathering, State Statue states that any non -conformity created can continue, make repairs and rebuild but can’t expand unless it meets the new standards. Chair Miller wonder what the impact would be to change the wording for minor auto to remove “but are not limited to” and under Truck Stop adding “primary” into definition. Lindahl a grees with adding in “primary”, but suggestion for Minor Auto may have opposite effect. Lindahl suggested changing Minor Auto repair to state “does not include those items listed under Major Auto Repair.” Commissioner Kenninger agrees with Lindahl’s suggestion for Minor Auto. She also reminded Chair Miller that they are conditional uses and would require approval before businesses move in. Other characteristics of major auto uses like outdoor storage would force them to not meet the requirements of the C -4 district. Commissioner Henrie stated he is ok with ambiguity, things are constantly changing and it is impossible to define all uses. Commissioner Kurle agrees with Henrie’s statement. He also thought maybe adding in “standard services include” and then give a list of items might help give some clarification. Commissioner Miller asked for clarification on Auto Repair Major, he wondered if a verb is missing, need to add in repair. Commissioner Kenninger would like to see painting added into Major de finition. Commissioner VanderWiel stated that when interpreted by courts look at list of uses and see if they resemble those listed. What does it look like, for example when replacing windshield wipers what use does it resemble, it would fall under minor not major. Every action can’t be identified, and it’s inevitable that someone will come in with something that doesn’t fall into the definition. 1. Motion by VanderWiel to recommend the City Council approve a zoning ordinance text amendment revising the development standards for auto related uses (automobile repair, car wash, motor fuel stations and truck stops) with amendment to the definition of truck stop, “… involving primarily the maintenance of…” Second by Henrie Ayes: 4, VanderWiel, Kurle, Henrie, Freeman. Nays: 2 Miller and Kenninger. Motion passes. Chair Miller stated his reasoning for his vote is that he wanted to add in verb “repair” under Auto Repair Major as well as adding painting under Major. Commissioner Kenninger states she wanted painting added to major also and under minor add wording “does not include those items listed under Major Auto Repair.” O'LEARY'SPOND E R I C K S O N P O N D WACHTERLAKE VALLEYOAKPOND SHANNONPOND COPPER POND G E R O N O M I E P O N D CentralPark ClaretPark EricksonPark CarrollsWoodsPark RMSPark Charlie's Park JayceePark Winds Pa rk K i d d e r P a r k Schwarz Pond Park FamilyRes Ctr ChippendalePark CamfieldPark ! !! ! ! ! ! ! ! ! ! ! ( S T H 3 )160T H ST W (CSAH 46) D O D D 145TH ST W 155TH ST W 1 5 1 S T S T W T R L (S T H 3 ) C H I P P E N D A L E A V E S R O B E R T T R L B L V D 145TH ST W S H A N N O N P K W Y 145TH ST W S R O B E R T 150T H ST W (C SA H 42 ) 9 8 7 6 5 4 2 11 10 3 1 12 O'LEARY'SPOND E R I C K S O N P O N D WACHTERLAKE VALLEYOAKPOND SHANNONPOND COPPER POND G E R O N O M I E P O N D CentralPark ClaretPark EricksonPark CarrollsWoodsPark RMSPark Charlie's Park JayceePark Winds Pa rk K i d d e r P a r k Schwarz Pond Park FamilyRes Ctr ChippendalePark CamfieldPark ! !! ! ! ! ! ! ! ! ! ! ( S T H 3 )160T H ST W (CSAH 46) D O D D 145TH ST W 155TH ST W 1 5 1 S T S T W T R L (S T H 3 ) C H I P P E N D A L E A V E S R O B E R T T R L B L V D 145TH ST W S H A N N O N P K W Y 145TH ST W S R O B E R T 150T H ST W (C SA H 42 ) 9 8 7 6 5 4 2 11 10 3 1 12 P a t h : T : \ G I S \ C i t y \ M a p s \ D e p a r t m e n t a l M a p s \ C o m m u n i t y D e v e l o p m e n t \ J a s o n \ A u t o R e l a t e d U s e . m x d Auto Related Use RR - Rural Residential R1 - Low Density Residential R1A - Low Density Residential R2 - Moderate Density Residential R3 - Medium Density Residential R4 - High Density Residential C1 - Convenience Commercial DT - Downtown District C3 - Highway Service Commercial C4 - General Commercial BP - Business Park IP - Industrial Park GI - General Industrial HI - Heavy Industrial AGP - Agricultural Preserve AG - Agricultural PI - Public/Institutional FP - Flood Plain WM - Waste Management W - Water ROW - Right-of-Way Owne r1Cha’s Auto2Goodyear3Holiday4Kwick Tri p5Master Transmi ssi on6Medi-Car Auto Re pai r7Murgic’s8Rick’s Auto9Rosemount Auto (BP)10 Rose mount Mi nnoco11Super Ame ri ca12Vavoline From:kurt Hansen To:Lindahl, Jason Subject:Re: Auto Related Uses Study Open House Date:Tuesday, June 23, 2015 5:57:27 PM Jason, I am unable to attend the Planning Commission meeting tonight. Please bring the following concern to the planning commission. To the planning Commission: In the staff proposal there is no information about the rationale for the proposed changes. I am against any change that will negatively impact the value of businesses in Rosemount. I am against any change that will make it more difficult for current business owners in Rosemount to operate their businesses, and I am against any policy changes that prevent established businesses to flourish in Rosemount. The businesses that your policy/zoning changes will impact most, have been operating for the past for more than twenty years. They have been instrumental in bringing other business to Rosemount, which has contributed to the city's growth over the years. In most communities these established businesses would be "grandfathered" if a zoning change were to be implemented. Your changes will prevent these businesses from being sold at their "true" value at some point in the future. These kinds of city policies do not go unnoticed by potential entrepreneurs who are looking to establish new businesses. They will not be interested in coming to our town because of the unpredictable policy changes that have become a habit here. Instead, these entrepreneurs will look elsewhere, where positive, nurturing, collaborative, and supportive policies exist for business growth. Kurt Walter-Hansen On Fri, May 22, 2015 at 7:59 PM, Lindahl, Jason <jason.lindahl@ci.rosemount.mn.us> wrote: This e-mail and a reminder of the open house next Tuesday, May 26, 2015 from 5 to 6 p.m. in the Council Chambers of Rosemount City Hall. Attached please find a letter and 3 tables summarizing the proposed changes (this information was also mailed to you). During the open house staff will be available to discuss these proposed changes and take feedback. Please review this information and contact me with any questions. Jason Lindahl AICP, Planner City of Rosemount, 2875 145th Street, Rosemount, MN 55068 Ph. 651-322-2090 / Fx. 651-423-4424 / http://www.ci.rosemount.mn.us<http://www.ci.rosemount.mn.us/> [Description: RosemountLogo.jpg] Automobile Related Used Definitions Comparison Current Proposed AUTOMOBILE REPAIR – Not defined AUTOMOBILE REPAIR, MINOR: Minor automotive servicing and replacement of parts, usually in the same day, for passenger automobiles and/or motorcycles not in excess of 7,000 pounds gross weight. Services include, but are not limited to, engine tune-up, lubrication, and tire, muffler, brake, and electrical services but shall not include any operation specified under "Automobile Repair – Major." AUTOMOBILE REPAIR, MAJOR: Repair garages and specialty establishments for motorcycles, passenger automobiles and trucks of all sizes, such as machine, body and fender, auto glass, painting, radiator, transmission, and vehicle upholstery services. May also include repair of machinery and equipment. NONSERVICE STATIONS HAVING GASOLINE PUMPS - Not defined NONSERVICE MOTOR FUEL STATION. Nonservice Motor fuel stations shall include motor fuel stations, motor fuel station convenience stores, and all premises whereon the owner or occupant conducts the business of furnishing, selling or dispensing motor fuel or liquefied petroleum for motor vehicles but shall not include major or minor automobile repair. TRUCK STOP – Not Defined TRUCK STOP: Any building, premises or land in which or upon which a business, service or industry involving the maintenance, cleaning, servicing, storage or repair of commercial vehicles is conducted. Primary activities include the dispensing of motor fuel and the sale of accessories or equipment for trucks and similar commercial vehicles but may also include overnight accommodations, restaurant facilities, a car wash and truck wash or other ancillary uses. CAR WASH, ACCESSORY: An accessory building or part of a principal building equipped with mechanical equipment for washing autos (not a conveyer system) which is accessory to a gasoline station and comprises only one normal service bay of the gas station. No Change CAR WASH, PRINCIPAL USE: A principal building or use which is equipped with a conveyor system and other mechanical equipment and facilities for washing motor vehicles (Eliminate). CAR WASH, FULL SERVICE: A car wash wherein operating functions are performed entirely by an operator owner with the use of washing, waxing, and drying equipment supplemented with manual detailing by the operator owner. CAR WASH, SELF SERVICE OR DRIVE THROUGH: A car wash wherein the customer provides labor and where no self-propelled wash racks are provided.