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HomeMy WebLinkAbout6.l Zoning Text Amendment Site Plan Review Standards, 04-79 TACITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Citv Council Meeting Date: January 18, 2005. AGENDA ITEM: Planning Case 04 -79 TA Zoning Text AGENDA SECTION: Amendment Site Plan Review Standards Consent PREPARED BY: Jason Lindahl, A.I.C.P. AGEND4 NO. Assistant City Planner q I' ATTACHMENTS: Draft PC Minutes of 12- 28 -04, Draft Site Plan Review Standards Ordinance, Existing Site Plan Review Standards Ordinance, Draft APPROVED BY: Resolution Authorizing Publication of Site Plan Review Standards Ordinance, Draft Violations and Penalties Ordinance as Amended. RECOMMENDED ACTION: Staff recommends the Planning Commission make the following motions: 1. Motion to adopt an ordinance replacing Section 12.3 of Ordinance B. the Zoning Ordinance with new standards relating to Site and Building Design Review. 2. Motion to adopt a resolution authorizing publication of ordinance amending Section 12.3 of Ordinance B, the Zoning Ordinance related to Site and Building Design Review by title and summary. 3. Motion adopt an ordinance amending Section 12.2 of Ordinance B, the Zoning Ordinance relating to Violations and Penalties Standards. ACTION: BACKGROUND As part of the recent Planned Unit Development (PUD) text update, staff realized that the associated site plan review ordinance was also in need of revision. The necessary revisions would bring the City's ordinance into conformance with most recent statutory requirements, enable staff to request more detailed plans, and require applicants to guarantee all private exterior amenities. In addition to the site plan standards, staff recommends expanding the Violations and Penalties section to include more detail regarding staffs authority to enforce the provisions and standards of the zoning ordinance. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review these amendments at their December 28, 2004 regular meeting. The public hearing produced no comments and the Commission unanimously recommended that the City Council approve both amendments. SUMMARY Attached are revised and existing copies of the site plan review and violations and penalties sections of the zoning ordinance. While the new site plan review ordinance replaces the existing ordinance, it maintains the current review process which requires the Planning Commission to hold a public hearing to review and approve all site plan applications. The City Council would only review a site plan application if it was appealed. The main changes to the ordinance include: 1. Detailed submittal information requirements. 2. Detailed review criteria. 3. Establishing the approved site plan as an agreement between the applicant and the City. 4. Outlining standards for modifying an approved site plan. 5. Establishing an expiration date for an approved site plan and a procedure for considering approval extensions. 6. Requiring a site improvement performance agreement and financial guarantee. The second amendment updates the violations and penalties section of the zoning ordinance. It formalizes the current enforcement procedure and authority used by City staff. CONCLUSION AND RECOMMENDATION While recently updating the PUD standards, staff noted that the site plan review ordinance was also in need of modification. The necessary revisions would bring the City's ordinance into conformance with most recent statutory requirements, enable staff to request more detailed plans, and require applicants to guarantee all private exterior amenities. In addition, staff recommends expanding the violations and penalties section to include more detail regarding staffs authority to enforce the provisions and standards of the zoning ordinance. These changes will provided more information to both staff and the applicant and facilitate a more thorough and efficient review process. In conclusion, staff recommends approval of the zoning text amendments to Ordinance B, the Zoning Ordinance replacing Section 12.3 with new standards relating to site and building design Review and amending Section 12.2 relating to violations and penalties standards based on the findings outlined above. 2 Excerpt from the Regular Planning Commission Meeting of December 28, 2004. Public Hearing: 5E. Case 04 -79 -TA Site Plan Review Text Amendment. City Planner Pearson reviewed the Staff Report. As part of the recent Planned Unit Development (PUD) text update, staff realized that the associated site plan review ordinance was also in need of revision. The necessary revisions would bring the City's ordinance into conformance with most recent statutory requirements, enable staff to request more detailed plans, and require applicants to guarantee all private exterior amenities. in addition to the site plan standards, staff recommends expanding the Violations and Penalties section to include more detail regarding staff's authority to enforce the provisions and standards of the zoning ordinance. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. Chairperson Messner opened the public hearing. MOTION by Messner to close the Public Hearing. Second by Schultz. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. Chairperson Messner asked for any follow -up discussion or questions. MOTION by Messner to recommend that the City Council adopt an ordinance replacing Section 12.3 of Ordinance B, the Zoning Ordinance with new standards relating to Site Plan Review. Second by Humphrey. Ayes: Schultz, Zuni, Messner, Humphrey, and Powell. Nays: None. Motion carried. MOTION by Humphrey to recommend that the City Council adopt an ordinance amending Section 12.2 of Ordinance B. the Zoning Ordinance relating to Violations and Penalties Standards. Second by Zum. Ayes: Schultz, Zum, Messner, Humphrey, and Powell. Nays: None. Motion carried. Mr. Pearson indicated the item will go before the City Council on January 18, 2005. City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO SITE AND BUILDING DESIGN REVIEW 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 12.3 is hereby stricken and replaced with the following: 12.3: SITE PLAN AND BUILDING DESIGN REVIEW A. Purpose. The purpose of this Section is to establish a formal site plan review procedure for commercial, industrial, institutional, and multiple family development projects and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of the Zoning Ordinance. B. Exemptions. Unless otherwise specifically required in this Ordinance, the following shall be exempt from the requirements for Commission review. All exemptions remain subject to the requirements of the Zoning Ordinance. 1. The erection or alteration of permitted agricultural structures, when all other provisions of the Zoning Ordinance are met. 2. Single- family and two family dwellings, when all other provisions of the Zoning Ordinance are met. 3. Construction of or addition to an accessory structure not exceeding 50% of the building footprint of the principal structure, when all other provisions of the Zoning Ordinance are met. 4. Interior alterations of all structures that do not affect the existing uses or intensity of use, when all other provisions of the Zoning Ordinance are met. 5. Minor revisions or additions to existing principal structures, provided the proposed modifications do not exceed thirty (30) percent of the floor area of said structure or ten thousand (10,000) square feet, whichever is less and all other provisions of the Zoning Ordinance are met. 6. The erection or alteration of commercial or industrial structures or accessory structures permitted in the BP Business Park District, when all other provisions of the Zoning Ordinance are met. C. Review Procedures. Applicants shall submit to the City a completed official City application, the associated application fee set by Council resolution and all supportive or supplementary information required by this section prior to any consideration for a site plan review. The City shall process all site plan applications in conformance with all applicable City, County, and State standards and requirements. D. Review Process. Prior to filing a formal site plan application, applicants may present a concept plan to the City. The Community Development Department designee shall have the authority to refer said plan to the Planning Commission and /or City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant regarding a concept site plan application are to be considered advisory only and shall not constitute a binding decision on the request. Subsequent to any concept plan review, an applicant may present a formal site plan application to the City. The Community Development Department designee shall refer all formal site plan application to the Planning Commission. The Commission shall hold a public hearing to review the formal site plan application and act on said application in accordance with Section 12.3.0 or applicable State Statute. 1. Public Hearing. Unless exempted by this section, no Site Plan shall be considered until a public hearing has been held by the Commission. A notice of the time, place and purpose of the hearing shall be published in the City's official newspaper, at least ten (10) days prior to the hearing. Notices shall be mailed to each property owner within three hundred fifty (350) feet of the affected property, except when located in Agriculture, Agriculture Preserve and Rural Residential Districts in which case notice shall be mailed to each property owner within one -fourth (1/4) mile of the affected property. The City shall use its best available records to determine the names and addresses of property owners to receive notice. During the public hearing City staff shall present their findings with regard to the site plan application. 2. Appeals. The applicant, the Administrator, a member of the Council, or any person owning property or residing within the prescribed notification area may appeal the Commission decision to the Council. An appeal, as provided for within Section 14.3 of this Ordinance, must be filed with the Community Development Department within ten (10) working days after a final decision is made by the Commission. E. Review Standards. The Community Development Department shall review each application for site plan review for compliance with the performance standards contained in the Comprehensive Plan, Ordinance B, the Zoning Ordinance and other applicable City codes and policies. These standards may include, but are not limited to, the following: 1. Land Use and Zoning Standards. 2. Access, Parking and Loading. 3. Exterior Building Materials. 4. Trash Enclosure. 5. Landscaping and Berming. 6. Signage. 7. Lighting. 8. Engineering, Grading and Drainage. 9. Traffic and Pedestrian Circulation. 10. Parks and Open Space. 11. Compliance with other applicable ordinances and approved comprehensive plans. F. Submittal Requirements. Site plan applications shall be accompanied by twenty (20) full size copies, one (1) 11" by 17" reduction, and one (1) digital copy drawn at a common legible scale. The scale used shall be no smaller than one inch equals fifty feet (1" 50') unless it is impractical to illustrate the entire site on a single sheet in which case a smaller scale may be acceptable. The maximum size of plans shall be thirty inches by forty inches (30" x 40 and the minimum size shall be eleven inches by seventeen inches (11" x 17 All site plan applications shall be based on a certificate of survey prepared by a licensed land surveyor and contain the information listed below, unless specifically waived by the City. 1. Existing Conditions Plan. 2. Site plan including information specified in Section 12.3.G. 3. Architectural elevations, color drawings or renderings, and sample building materials of all principal and accessory buildings, identifying type and color of materials used on all exterior surfaces. 4. Typical floor plan and room plan drawn to scale with a summary of square footage for each use or activity. 5. Sign Plan including, but not limited to, the type, location and size of all proposed signage. 6. Vicinity map showing the property in relation to nearby highways or major street intersections. 7. Any other information deemed necessary by the City to facilitate review. G. Required Information. For the given application, plans shall contain the information listed below, unless specifically waived by the City. The City may also ask for other information deemed necessary of a particular application. 1. Concept Site Plan. All concept site plan shall be drawn to scale, indicate the location of existing and proposed structures, and may include the following: a. Minimum 2 foot topography and draining conditions on adjacent properties within a minimum of two- hundred (200) feet. b. Natural features. C. Tentative access, circulation and street alignments, both public and private. d. Amenities to be provided such as recreational areas, open space, walkways, and landscaping. e. Location and number of parking stalls. f. Proposed public sanitary sewer, water and storm management. g. A statement showing the proposed density of the project with the method of calculating said density also shown. 2. Formal Site Plans and Building Permits. Formal site plan and /or building permit applications shall be based on a certificate of survey prepared by a licensed land surveyor and contain the information listed below, unless specifically waived by the City. a. General Information: (1) Name of project/development. (2) Location of project/development. (3) Location map, including area within one -half (1/2) mile of site. (4) Name and mailing address of developer /owner. (5) Name and mailing address of engineer /architect. (6) Date of plan preparation and any revisions. (7) North point indicator. (8) Scale. b. Site Information: (1) Boundary line of property with dimensions. (2) Location, identification and dimensions of existing and proposed: a. Two foot (2') topographic contours. b. Adjacent streets and street rights of way. C. On -site streets and street rights of way. d. Utilities and utility rights of way and easements, including electric, natural gas, telephone, water (domestic and fire) and sewer (sanitary and storm). e. Existing and proposed buildings and structures. f. Parking facilities. g. Water bodies, flood fringe, flood plain and floodway, if applicable, and impacts in the flood plain. h. Sidewalks, walkways, driveways, loading areas and docks and bikeways. i. Fences and retaining walls with elevation information. j. Exterior signs. k. Exterior refuse collection areas I. Exterior lighting. M. Landscaping, including species, sizes and locations. n. Traffic flow on -site o. Traffic flow off -site. p. Transit facilities and movements. q. Recreation facilities. (3) Cross sections of property as required by the Director of Community Development. (4) Number of employee and none employee parking spaces existing and proposed and total square footage of each. (5) Site statistics, including site square footage, percent of site coverage, dwelling unit density and percent of park or open space. (6) Grading, drainage and erosion control in accordance with the most recent City of Rosemount Engineering Guidelines for Design. (7) Wetlands and surface water: a. Wetland delineation(s) and classifications per the City of Rosemount Comprehensive Wetland Management Plan. b. Proposed wetland impacts and replacement areas when applicable. c. Proposed wetland buffer and conservation easements. C. Building Information: (1) Elevation drawings of all proposed structures and buildings, with dimensions. (2) Preliminary floor plans for all stories of proposed structures and buildings, with room usage labeled and dimensions. (3) Elevation and height above mean sea level of all floors and the roof, flood proofing measures, and construction materials. (4) Gross square footage of existing and proposed structures and buildings. (5) Exterior finish materials. (6) Type of construction. d. Other items as may be deemed necessary by the City. H. Building Permit. No person, firm or corporation shall erect, alter, construct, enlarge, repair, move, improve, convert, demolish, equip, use, occupy, or maintain any building, structure, or portion thereof, within the City of Rosemount until proper permits and/or a Certificate of Occupancy has been issued by the Protective Inspections Division of the City. All work for which a permit has been issued must be completed in accordance with Rosemount City Code, Title 9, this code and applicable Federal, State and County laws, codes and regulations. 1. Except as provided for by this section, no building permit shall be issued until a site plan has been prepared in accordance with the provisions of this Ordinance and approved by the Commission. Upon approval of the site plan by the Commission, the Building Official will be authorized to process a building permit for the proposed project pursuant to adopted building and fire codes. The site plan approval process does not imply compliance with the requirements of said building and fire codes. Plan Conformance. Development of the site shall conform to all site and construction plans officially submitted to and approved by the City. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specification without prior submission of a plan modification request. J. Plan Modifications. Major amendments to an approved site plan may be approved by the Planning Commission. The notification, public hearing, and appeal procedure for such amendments shall be the same as those for the original site plan review. Any other amendments may be made administratively when the Director of Community Development determines that review and approval by the Planning Commission of a detailed site and building plan is unnecessary to meet the purpose and intent of this section. The Director's decision regarding classification of an amendment is final. When determining if an amendment is major, the Director of Community Development may consider their determination on whether the amendment: 1. Substantially alters the location of buildings, parking areas or vehicle access. 2. Increases the total gross floor area of all buildings by more than five percent (5 or increases the gross floor area of any individual building by more than ten percent (10 3. Increases the number of stories of any building. 4. Decreases the amount of open space by more than five percent (5 or alters it in such a way as to change its original design or intended use. 5. Changes the exterior building materials or color of the. 6. Creates noncompliance with any special condition attached to the approval of the site plan or applicable provision of the zoning ordinance. K. Term of Approval. Unless otherwise specified, an approved site plan shall become null and void one (1) year from the date of approval unless the property owner or applicant has substantially commenced construction of any building, structure, addition or alteration, or use requested as part of the approved plan or unless a petition for a time extension has been granted by the Planning Commission. All extension requests shall be submitted in writing to the Community Development Department at least thirty (30) days prior to expiration of the site plan and shall state facts showing a good faith effort to complete work permitted under the original approval. L. Site Improvement Performance Agreement and Financial Guarantee. Following the approval of a site plan required by this Title and prior to issuance of a building permit, the applicant, if deemed necessary by the Planning Commission, shall guarantee to the City the completion of all improvements as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site performance agreement and a financial guarantee as provided below. 1. The applicant shall execute the site performance agreement on forms provided by the City. The agreement shall define the required work and reflect the terms of this section as to the required guarantee of the performance of the work by the applicant. 2. The required work includes, but is not limited to, private exterior amenities such as landscaping, turf establishment, private driveways, parking areas, curb and gutter, recreational facilities, wetland buffers, erosion control, fences and screening, and other similar facilities. The required work shall also include all aspects of the tree preservation plan, if applicable. 3. A financial guarantee shall be submitted with the executed site performance agreement as provided herein: a. Financial guarantees acceptable to the City include cash escrow, an irrevocable letter of credit, or other financial instrument that provides equivalent assurance to the City and that is approved by the Community Development Director. b. The term of the financial guarantee shall be for the fife of the site improvement performance agreement, and it shall be the applicant's responsibility to insure that a submitted financial guarantee shall continue in full force and effect until the Community Development Department Designee shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this section. C. When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, not withstanding the status of the site performance agreement or of the required work, it shall be the applicant's responsibility to notify the City in writing, by certified mail, at least sixty (60) days in advance of the expiration date of the intent either to renew or not to renew the instrument. If the instrument is to be renewed, a written renewal shall be provided at least thirty (30) days prior to the expiration date. If the instrument is not to be renewed, and has not been released by the Community Development Department Designee, another acceptable financial guarantee in the appropriate amount shall be submitted at least thirty (30) days prior to the expiration date. Upon receipt of an acceptable substitute financial guarantee, the Community Development Department Designee may release the original guarantee. d. The amount of the financial guarantee shall be established by the Community Development Department Designee based upon an itemized estimate of the cost of all required work as provided by the applicant. A cash escrow or irrevocable letter of credit shall be in the amount of one hundred twenty -five (125) percent of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the Community Development Department Designee. e. At the option of the City the applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements that comprise the work. All trees shall be warranted to be alive, of good quality, and disease -free for twelve (12) months from the time of planting. Any subsequent replacement shall be warranted for twelve (12) months from the time of planting. 4. The time allowed for completion of the required improvements shall be set forth in the site performance agreement. This agreement and the financial guarantee shall guarantee compensation for the required improvements and provide for reimbursement to the City of the cost of enforcement measures. As the applicant completes various portions of such required work, the Community Development Department Designee may release such portion of the financial guarantee as it is attributable to such completed work. Landscaping improvements shall not be deemed complete until the City has verified survivability of all required plantings through one (1) winter season, defined for the purposes of this Section as the period between October 31 and April 30. 5. The applicant shall notify the Community Development Department in writing when all or part of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Community Development Department Designee shall be responsible for the inspection of the improvements to determine that the work performed meets the standards of this Ordinance and any conditions imposed by the Planning Commission and the standards for the particular industry, profession or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed complete and the applicant shall be notified in writing as to required corrections. Upon determination that required work has been completed, including the winter season survivability of landscape plantings, notice shall be given to the applicant of the date of completion and action taken by the Community Development Department Designee to release, or to reduce the amount of, the financial guarantee. 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 18th day of January, 2005. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Published by title and summary in the Rosemount Town Pages this day of 2005. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNEOSTA RESOLUTION NO. 2005- A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. AMENDING ORDINANCE B, THE ZONING ORDINANCE RELATED TO SITE AND BUILDING PLAN DESIGN REVIEW BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. on January 18.2005, an ordinance amending Ordinance B, the Zoning Ordinance relating to site and building plan design review: and WHEREAS, Minnesota Statutes, Section 412.191, subdivision 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 Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the Cite Clerk shall cause the follo\+inu summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their January 18, 2005 meeting. the City Council of the City of Rosemount adopted Ordinance No. The ordinance amends Section 123 of Ordinance B, the Zoning Ordinance relating to Site and Building Plan Design Review by striking the existing language and replacing it with new standards. The new ordinance outlines the standards and criteria for reviewing site plan applications and addresses the follo%�ina issues: Exemptions, Review Procedure, Review Process, Review Standards. Submittal Requirements, Required Information, Relationship to Building Permits. Plan Conformance. Plan Modification, Teri of Approval, Site Improvement Performance Agreement and Financial Guarantees, and Violations. The fall text of Ordinance No. is available for inspection at the Rosemount City Hall during regular business hours. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of No. 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. ADOPTED this 18` day of January 2005 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Resolution 2005- - Motion by: Second by: _ ' Voted in favor: : Voted against: Member absent: 12.3: BUILDING PERMITS: A. Permit Required: No person, firm or corporation shall erect, alter, construct, enlarge, repair, move, improve, convert.. demolish, equip, use, occupy. or maintain any building, structure, or portion thereof, within the City of Rosemount until proper permits and /or a Certificate of Occupancy has been issued by the Protective Inspections Division of the City. All work for which a permit has been issued must be completed in accordance with Rosemount City Code, Title 9, this code and applicable Federal. State and County laws, codes and regulations. B. Site Plan Approval Process Required: 1. Except as provided for by this section, no building permit shall be issued until a site plan has been prepared in accordance with the provisions of this Ordinance and approved by the Commission. .I 2. Applications provided by the City shall be completed in writing ana' submitted with the required fee prior to any consideration for a site plan approval. 'The Site Plan Review Fees are established by resolution of the Council. Applications shall not be formally accepted until all supportive or supplementary information has been furnished by the applicant. 3. No Site Plan shall be considered until a public hearing has been held by the Commission. A notice of the time, place and purpose of the hearing shall be published in the City's official newspaper, at least ten 00) days prior to the hearing. Notices shall be mailed to each property owner within three hundred fifty (350) feet of the affected property, except when located in Agriculture, Agriculture Preserve and Rural Residential Districts, which shall require mailed notice to each property owner within one -fourth /a) mile of the affected property. The City shall use its best available records to determine the names and addresses of property owners to receive notice. k7,- °'The applicant. the Administrator, a member of the Council, or any person owning property or residing within the prescribed notification area may appeal the Commission decision to the Council. An appeal, as provided for within Section 15.3 of this Ordinance, must be filed with the Community Development Department within ten (10) working days after a final decision is made by the Commission. C. Exceptions: Exceptions to the requirements for Commission review of required site plans are as follows: 1. The erection or alteration of single family detached residences or accessory structures, when all other provisions of this Ordinance have been met. 2. The erection or alteration of permitted agricultural structures, when all other provisions of this Ordinance have been met. 3. Interior alterations of all structures which do not affect the existing uses or intensity of use, when all other provisions of this Ordinance have been met. 4. The erection or alteration of commercial or industrial structures or accessory structures for uses permitted in the BP Business Park District, when all other provisions of this Ordinance have been met. 5. Additions to a principal, not exceeding ten (10) percent of the building, foot print of the structure being modified, when all other provisions of this Ordinance have been met. 6. Construction of or addition to an accessory structure not exceeding 50% of the building footprint of the principal structure.'''!? D. Site Plan Contents: 1. An application for site plan review must be completed in full and accompanied by ten (10) sets of clearly legible blue or black -lined copies or drawings at a scale appropriate for the level of review to be performed, submitted at least two 2) weeks prior to review by the Commission at a regularly scheduled meeting, and must include the following: a. Title or description of the proposed project, including legal description of the property. b. Name and registration number, when appropriate, of the person preparing and presenting the site plan information. C. Location of the property with respect to and including names of adjacent landowners or uses, streets, highways, railroads, easements or other landmarks. d. Name and address of owner /developer, scale, north point, date and number of streets. e. Existing topography as indicated on a contour map having counter intervals no greater than two (2) Beet, which shall include, but not be limited to. existing buildings, structures, improved surfaces, transmission lines, fences, vegetation, streams. wetlands and other water bodies. Existing drainage of the site in terms of direction and the rate of which stormwater flows. g. A description of soils. h. The proposed size, alignment, height and use of structures, signs or work performed. including all sign, lot and structure dimensions. L A description of driveways, sidewalks and parking facilities, including a description of the type and quantity of surfacing materials. j. A grading plan at two (2) foot contour intervals and a description of the change in grade as it relates to structure location, other lot improvements. adjacent properties, drainage control and proposed rate of stormwater runoff. k. A scaled landscape plan showing the location, size, quantity and type of landscape materials to be used and an explanation of any existing vegetation that may be disturbed, removed or replaced. 1. A description ofthe availability and access to required public r utilities. Y s M. A description of the method waste treatment to be utilized and an analysis of the wastewater flows generated from the development. n. An erosion control plan which may be necessary to prevent erosion during construction or after project completion. s o. A description of lot lighting or extraordinary illumination 'i, projecting from a structure. p. A description of the levels of noise, vibration, glare, smoke, odor, waste or other emissions generated and the methods employed to contain or control such emissions. q. Other information pertinent to the particular application which in the opinion of the City or applicant may be necessary for review of the project. 2. Exceptions: a. Where information is on file in the City Hall (i.e., information submitted and approved in formal platting) some of the requirements may be waived at the discretion of the Community Development Department. b. Additions to existing structures, centers or complexes, approved by the City, may be exempt from some of the requirements, depending on the level of information on file and the relationship of the proposed addition. C. All other exceptions must be approved by the Commission according to procedures contained herein. City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B, SECTION 12.2 OF THE ZONING ORDINANCE RELATING TO VIOLATIONS AND PENALTIES 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 12.2 is hereby amended to read as follows: 12.2: VIOLATIONS AND PENALTIES: Any person who violates or fails to comply with any provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished to the maximum extent authorized in Minnesota Statutes section 412.231, as amended from time to time. Each day the violation continues shall constitute a separate offense. A. Enforcement. This Ordinance shall be enforced by the Community Development Department designee, who is authorized to take any appropriate actions or proceedings against a violator as provided by statute or ordinance. Such activities may include, but not be limited to, the following: Periodically inspect of buildings, structures or uses of land to determine compliance with the terms of the Zoning Ordinance. 2. Notify, in writing any person responsible for violating a provision of the Zoning Ordinance indicating the nature of the violation and ordering the action necessary to correct it. 3. Order discontinuance of illeaal use of land. buildinas or structures: order removal of illegal buildings structures, additions or alterations: order discontinuance of illegal work beinq done; or take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints. 4. Seek immediate enforcement. without prior written notice whenever It is determined that an emergency exists in relation to the enforcement of a provision of this ordinance that requires immediate action to protect the health safety, or welfare of occupants of any structure or the public. Ordinance B- 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 18th day of January, 2005. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of 2005. 12.3: BUILDING PERMITS: A. Permit Required: No person, firm or corporation shall erect, alter, construct, enlarge, repair, move, improve, canvert, demolish, equip, use,occupy, or maintain any building, structure, or portion thereof, within the City of Rosemount until proper permits and/or a Certificate of Occupancy has been issued by the Protective Inspections Divisian of the City. All work for which a permit has been issued must be completed in accordance with Rosemount City Code, Title 9,this . code and applicable Federal, State and County laws, codes and regulations. B. Site Plan Approval Process Required: ,�,�w'" L Except as provided for by this section,no building perm�t shal i\�e issued until a site plan has been prepared in accordance with tl�r ro��io��� this Ordinance and approved by the Commission..,..,, ��. 2. Applications provided by the City shall be cc��pleted`���. 'tin `�r� � �� �,�,}�, � ;"� submitted with the required fee prit��r to an�co�sideratio�l'far a site plan approval. The Site Plan Review Fees��e estabh��i,by resolution of the Council. Applications shall not be�fa�m����accep�,�` d until all supportive or supplementary information��`�een fui'i�i��.ed by the applicant. ���� .� � � . � � ��P> �d,. �. . ' . � � . . 3. No Site Plan shall be cons�,dexed un��, �ublic hearing has been held by the Commission. A noti'�e�of the time;�7ace and purpose of the hearing shall be publis`��d in th�� .. ; ��ial newspaper, at least ten(10) days prior to the hearin�, Notices shall�e mailed to each property owner , � ��='�' within three hunc�r���'ty (3�"���eet af the affected property, except when located in A�riculture,��iculture Preserve and Rural Residential �-�� Districts�wh�ch shall rec�uire mailed notice fo each property owner within , one four�3������,mzle o:f the affected property. The City shall use its best �., � � �p�ail�ble rec`�r��,i'�'determine the names and addresses of propert�owners ,�`" ta receive not�ce ��. ��� �:: ���' � ��� � � "T'he appli�ant, the Administrator, a member of the Council, or any person owning��roperty or residing within the prescribed notification area may ���peal the Commission decision to the Council. An appeal,as provided �ct:�`within Section 15.3 of this Ordinance,must be filed with the �ommunity Development Department within ten(10)working days after a final decision is made by the Commission. . C. Exceptions: Exceptions to the requirements for Commission review of required site plans are as follows: 1. The erection or alteration of single-family detached residences or . accessory structures,when all other provisions of this Ordinance have been met. 2. The erection or alteration of permitted agricultural structures, when all other provisions of this Ordinance have been met. 3. Interior alterations of all structures which do not affect the existing uses or intensity of use, when all other provisions of this Ordinance have been met. 4. The erection or alteration of commercial or industrial structures or accessory structures for uses permitted in the BP Business Park District, S when all other provisions of this Ordinance have been met. �� 5. Additions to a principal, not exceeding ten(10)percent�f the b ild � foot print of the structure being modified,when all othe -����i�� �f�is Ordinance have been met. �� x �, ' � ��,_- � �� � ��� . ��:, 6. Construction of oraddition to an a�cessory,�i�cture ncrt��ceet�i�g 50% of the building footprint of the principal structur�,;`� ��;� � ��� D. Site Plan Contents: � _ �� ` � � '�� &� - � ,� �-��• � ���� ��., . L An application for site plan�reviev���;ust be c�ompleted in full and accompanied by ten(10�.�;�tl�f clea�"r���'�gible blue or black-lined copies or drawings a� ; scale a�ro �� �for the level of review to be performed, ,.��'. submitted at least two (�=r�vee�Cs p�or to review by the Commission at a regularly schedul��eetmg,����inust include the following: � ��� � �,� ,y a. Titl�.or descrip�iat�i�f the proposed project, including legal ��sc��ption of th�property. f � ���������.,:; �-.� ���. - ��� b. Name,and=registratian number,when appropriate, of the person �» ��- preparang and presenting the site plan information. .. .. �� Y� �b � � . � � . � � � . � � . .. . � `�'".1',�:' • 'Y. ^ �.: �°`�� �`�� c. L"bcation of the property with respect to and ineluding names of � ���.��� � adjacent landowners or uses, streets,highways, railroads, �' �:�r easements or other landmarks. � d. Name and address of owner/developer, scale, north point, date and ; number of streets. e. Existing topography as indicated on a contour map having counter intervals no greater than two (2) feet, which shall include, but not be limited to, existing buildings, structures, improved surfaces, transmission lines, fences, vegetation, streams, wetlands and other water bodies. f. Existing drainage of the site in terms of direction and the rate of which stormwater flows. g. A description of soils. h. The proposed size, alignment, height and use of structuxes, signs or work performed, including all sign, lot and structure dimensions. i. A description of driveways, sidewalks and parking facilities, including a description of the type and quantity of surfacing materials. `�� j. A grading plan at two (2) foot contour intervals�d a d ,�cri a.�'�pn of the change in grade as it relates to structure lo��,�a�, � lo im provements, ad jacent pro perties, drai „� ��ontrol �e� ro p �d rate of stormwater runoff. �k�` .� � �`�' � ���a ; < ��� k. A scaled landscape plan sliowing the lt�c�� on, s�'ze, quantity and �' type of landscape materials to���sed ari�°��explanation of any � existing vegetation tha�:�na�be�� ` ed,�removed or replaced. >;��� �� � L A description of the.availa��it ar3d access to required public utilities. � �,F��, �<� v : � � ����� m. A descriptipn of��t�inetha``t�waste treatment to be utilized and an analysis o�;�e waste��t�r flows generated from the development. ��s ���@ �, ���;�. n. An:�osion confiri���lan which may be necessary to prevent erosion � dt�rin��construct��"on or after project completion. ;�;_ �,�,���,� � �� � ` �,,:. o: � A de�ription of iot lighting or extraordinary illumination " proje��ing from a structure. � �� � s ��� �/ ���� p A descriptzon of the levels of noise, vibration, glaxe, smoke, ador, � �"Fwaste or other emissions generated and the methods employed to �.�� , contain or control such emissions. � q. Other information pertinent to the particular application which in the opinion of the City or applicant rnay be necessary for review of the project. , 2. Exceptions: : a. Where information is on file in the City Hall (i.e., information submitted and approved in formal platting) some of the requirements may be waived at the discretion of the Community Development Department. b. Additions to existing structures, centers or complexes, approved by the City, may be exempt from same of the requirements, depending on the level of information on file and the relationship of the proposed addition. c. All other exceptions must be approved by the Commission according to procedures contained herein. � -� �� � ;� .�. �-.. ��� � � � � � ��� � � � � .���� � , ���� � :�� � � . � � � � � � � - 1,.. �. ,�� ��;Fk . . . . ��. '�� i £���� � . � . �� ���� ��� ��$ . . . . . � . .� . . . � . . w� ���r � � . . � . - �� ��..� �� � �� rt . . . - . . _. . � �fn z�y �� l,Y . . . . . . . . . , � . . r,�,��,�': �4`. � . . . .. . . . . . � . . .�. L�� ���"'M . . . � . �. � . . . �, . . . . . .. . . _ � � �'}� �.. ��y�s . . . . . � � . �. . ��� � � �� �� ; � � �, � ,.a��, �„ � ,� �': �� � � � � �.;, ���� ��� : ��F ��� �� ��: � � � . . �£�, y � . � �• . . � . . . . . .. . . . . . �' . . . . � 1 2- .. . . .. . . .. . . . �� . . � . � . . .. . . . . . .. . . S '.. . _ . . . . . . . ., S:" . . � . .. . . . � . . . . � . � . . . . . � � . . � . � � � .. .. . � . . . . . � . . City of Rosemount _ Ordinance No. B- AN ORDINANCE AMEND�IN,G THE CITY OF ROSEMOUNT ZONING ORDINANCE B, SECTION 12.2 OF THE ZONING ORDINANCE RELATING TO VIOLATIONS AND PENALTIES 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 12.2 is hereby amended to read as follows: 12.2: VIOLATIONS AND PENALTIES:Any person who violates or fails to comply with any provisions of this Ordinance shall be guilty of a : misdemeanor and upon conviction thereof shall be punished to the maximum extent authorized in Minnesota Statutes section 412.231, as amended frorr� time to time. Each day the violation continues shall constitute a separate offense. A. Enforcement. This Ordinance shall be enforced bv the Communitv Development Department designee who is authorized to take any appropriate actions or proceedings aqains# a vioiatar as provided by statute or ordinance. Such activities mav include but not be limited to, the followinq: 1. Periodically inspect of buildinqs, structures or uses of land to determine compliance with the terms of the Zoninq Ordinance. 2. Notifv, in writing, anv person responsible for violatinq a provision ofi the Zoninq Ordinance, indicatinq the nature of the viofation and orderinq the action necessary to correct it. 3. Order discontinuance of illegal us� of land buildinqs or : structures; order removal of illegal buildinqs structures additions or alterations; order discontinuance of illegal work beinq done; or take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions, includinq cooperation with the Cit Attorney in the prosecution of complaints. 4. Seek immediate enforcement, without prior written notice : whenever it is determined that an emerqency exists in relation to the enforcement of a provision of this ordinance � that requires immediate action to protecfi#he health safetv or welfare of occupants of anv structure or the public Ordinance B- � 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'fhis 18th day of January, i005. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of , 2005.