HomeMy WebLinkAbout6.h. C3, Highway Commercial and C4, General Comercial Zoning Text Amendment, Second Reading 05-25-TAAGENDA ITEM: Case 05 -25 -TA C -3, Highway
Commercial and C -4, General
Commercial Zoning Text Amendment
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A I.C.P.
Assistant City Planner
AGE H
i
ATTACHMENTS: Draft Resolution, Draft Ordinance No.
B -160, Draft Ordinance No. B -161, Draft
10/18/05 CC Minutes
APPROVED BY:
RECOMMENDED ACTION:
1. MOTION TO ADOPT ORDINANCE NO. B -160 AMENDING ORDINANCE B, THE
ZONING ORDINANCE RELATED TO C -3 HIGHWAY COMMERICAL DISTRICT
AND ORDINANCE NO. B -161 AMENDING ORDINANCE B, THE ZONING
ORDINANCE RELATED TO C -4 GENERAL COMMERCIAL DISTRICT
2. MOTION TO ADOPT A RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. B -160 AMENDING ORDINANCE B, THE ZONING ORDINANCE
RELATED TO C -3 HIGHWAY COMMERICAL DISTRICT AND ORDINANCE NO.
B -161 AMENDING ORDINANCE B, THE ZONING ORDINANCE RELATED TO C -4
GENERAL COMMERCIAL DISTRICT
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting. November 1, 2005
EXECUTIVE SUMMARY
SUMMARY
This is the second and final reading of the proposed amendments to the C -3, Highway Commercial and C-
4, General Commercial Districts. A first readmg of these amendments was held on October 18, 2005.
The Council reviewed the detailed changes to these districts during work sessions on August 9 and
September 14, 2005. The Planning Commission reviewed these changes during two work session on June
28 and July 12, 2005 and recommended City Council approval after a pubhc hearing on July 26, 2005.
Minutes from these meetings are attached for your reference.
CONCLUSSION RECOMMENDATION
Staff has worked with the Council and Plannmg Commission over the last four months to update the C -3,
Highway Commercial and C -4, General Commercial zoning districts. Changes to these districts were
intended to update permitted, accessory, conditional, and mtenm uses allowed m these district as well as
modernize the development performance standards Staff recommends approval of these amended
districts based on the findings that they are consistent with the goals set by the Planning Commission and
City Council as well as the City's existing Comprehensive Plan.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNEOSTA
RESOLUTION NO. 2005-
A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -160
AMENDING ORDINANCE B, THE ZONING ORDINANCE RELATED TO C -3
HIGHWAY COMMERICAL DISTRICT AND ORDINANCE NO. B -161 AMENDING
ORDINANCE B, THE ZONING ORDINANCE RELATED TO C -4 GENERAL
COMMERCIAL DISTRICT
WHEREAS, the Planning Commission of the City of Rosemount recommended City Council
approval of these amendments after reviewing them during work sessions on June 28 and July 12,
2005 and holding a public hearing on July 26, 2005; and
WHEREAS, the City Council of the City of Rosemount held a First Reading of these amendments
on October 18, 2005; and
WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -160 and
Ordinance No. B -161 on November 1,2005, ordinances amending Ordinance B, the Zoning
Ordinance relating to C -3 Highway Commercial Distract and C -4 General Commercial District, 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 followmg 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 -160 and Ordinance No.
B -161, to be published in the official newspaper m lieu of the entire ordinance:
Public Notice
During their November 1, 2005 meeting, the City Council of the City of Rosemount adopted
Ordinance No. B -160. The ordinance amends Section 6.13 of Ordinance B, the Zoning Ordinance
relating to regulations pertaining to the C -3 Highway Commercial District.
During their November 1, 2005 meeting, the City Council of the City of Rosemount adopted
Ordinance No. B -161. The ordinance amends Section 6.14 of Ordinance B, the Zoning Ordinance
relating to regulations pertaining to the C -4 General Commercial District.
The new ordinances outline the new standards; focus on moving outdoor storage and auto oriented
uses to the C -3 District, revising the standards for outdoor storage and display of merchandise and
updating the exterior building materials standards for both districts. The number of conditional uses
and created more specific standards for those uses. These standards work to reduce the external
affects of outdoor storage and auto oriented uses on adjacent properties through site design and
screening. The full text of Ordinance No B -160 and Ordinance No. B -161 is available for
inspection at the Rosemount City Hall during regular business hours.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B -160
and Ordinance No. B -161 shall be kept m the City Clerk's office at City Hall for pubhc inspection
and a hill copy of the ordinance be posted in the Lobby of City Hall.
ADOPTED this 1st day of November, 2005 by the City Council of the City of Rosemount.
ATTEST:
Linda Jentink, City Clerk
William H Droste, Mayor
Resolution 2005-
Motion by: Second by
Voted m favor
Voted against:
Member absent:
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE B -160
AN ORDINANCE AMENDING THE ZONING REGULATIONS
PERTAINING TO THE C -3 HIGHWAY COMMERCIAL DISTRICT
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. Section 6.13 of the Rosemount Zoning Ordinance is amended as follows:
6.13 C -3 HIGHWAY COMMERCIAL DISTRICT
A. Purpose and Intent: The purpose of the Highway Service Commercial District is to provide
areas for business and retail services that require a large amount of outdoor storage and /or
passing motorists. This is a highly specialized district located in an area that has volumes of
traffic with high visibility. Zoning standards are intended to promote compatibility in form,
function and style.
B. Permitted Use: The following uses are permitted uses in the C -3 District.
a. Gasoline fuel pumps shall be installed on pump islands located not closer than thirty
canopy shall be consistent with the principal building in design and character.
from thc car wash to run into the parldng ar as, a public street or accesses thereto.
from adjacent land, or thc public right of way.
f. Vehicular access points hall cr to minimum conflict with through traffic movement
and shall bc subject to thc approval of the City.
g. Parking of vehicles on public right of way shall bc prohibited.
1. Child and Adult Dav Care.
2. Communications Businesses.
3. convenieffee-Storesi
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3. Eating and Drinking Establishments Without Drive Through Facilities. Drive up's,
Commercial Business District.
4. Essential Service Facilities.
5. Financial Institutions Without Drive Through Facilities.
6. General Repair Services, including appliance repair, furniture re- upholstery and repair,
jewelry, clock, watch, radio, small electronics, small engine and television repair. All
general repair service shall be conducted in a closed building.
7. Hotels and Motels.
8. Indoor Amusement and Recreation Services, including video arcades subject to the
following restrictions:
10.
a. Any arcade with fifteen (15) or more machines shall have an adult supervisor on duty
during all hours of operation.
b. No arcade shall be operated within five hundred (500) feet of a school, church, or
residence unless it is an integral part of a shopping center and does not have an
entrance except from within the shopping center.
9. Personal Services, including barber and beauty shops fitness centers. funeral services
and mortuaries, laundry services, shoe repair, photography, video rental and the like.
10. Public Parking Lots and Transit Stations.
11. Public Parks, owned and operated by a government unit, including recreational facilities
and structures consistent with the public area.
12. Professional Services and Offices including architects and attorney offices dental and
medical clinics, financial services insurance providers. and-real estate businesses and the
like.
13. Retail Sales, including automobile parts, books and stationery, clothing, drug, gifts and
novelties, groceries, furniture and hardware, hobby, video sales, jewelry, and sporting
goods stores or other highway commercial retail establishments the like. All retail sales
shall be conducted indoors in a closed building.
14. Self Service Storage Facilities, subject to the following restrictions:
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provided, however, pen storage for licensed, operable recr ation vehicles shall be
permitted, provided thc amount is not m re than twenty five percent (25 of the
area occupied by buildings.
b. The perimeter of the storage facility shall be entirely enclosed by a combination of
buildings and decorative fencing. Chain link, barbed wire r wo d privacy fencing
shall not be permitted as decorative material, except as may otherwise be appron ed by
thc City Council. For thc purposes of calculating foundation planting requirements,
thc decorative fencing of the perimeter shall be used in lieu of the building perimeter
�ltin calcuao
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directly face a public street or adjoining property.
c. The self service storage facility shall be required to provide 1.25 times the required
and provided the minimum interval spacing requirement at the boulevard is satisfied
and met. All landscaped areas shall be required to include the proper installation of
Is only used for resident security and management purposes and thc exterior building
arc located at or below the top of the overh d door, and including the storage space
doors and columns between such spaces, may be of metal, which shall consist of a
decorative factory, applied finish.
between the h urs f 6:00 a.m. and 11:00 p.m.
14. Theaters.
15. Veterinary Services, not including outdoor runs or kennels.
C. Accessory Uses: The following uses shall be permitted accessory uses.
1. Accessory Apartments.
2. Gasoline Sales, access ry t C nvenicncc St res.
1. Off Street Parking for a Permitted, Conditional or Interim Use.
2. Outdoor Seating or Dining Areas For Ten or Fewer Seats, accessory to permitted or
conditional uses, subject to:
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a. The site shall be designed to limit the effects of outdoor seating or dining areas on
contiguous properties and /or public rights -of -way.
b. The outdoor seating or dining area shall be located on private property along the
front, side or rear of the principal building but shall not be located within a required
setback or on a side that abuts any residential use or district
c. The outdoor seating or dining area shall not interfere with circulation in any required
parking, loading, maneuvering or pedestrian area. A minimum four (4) foot
passageway shall be maintained along the private sidewalk for pedestrians.
d. Patrons shall not be served food or beverages outside, except that employees may
refill beverage containers in the seating area. At no time shall the seating area be
used for the consumption of alcoholic beverages.
e. The outdoor seating or dining area shall be equipped with refuse containers. The
business owner shall ensure that the area is properly maintained and litter -free.
f. No public address system shall be audible from a non commercial or non industrial
use or district.
3. Satellite Dishes and Solar Collectors.
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 Ordinance B.
1. Automotive Repair
a. 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
b. 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.
c. Gasoline pumps /sales shall require an additional conditional use permit subiect to the
performance standards outlined in Section 6.13.D.7.
d. Outdoor storage of parts, materials. and equipment is prohibited.
e. 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 8.1
(Off Street Parking) and be screened as follows:
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subject to:
g.
1. Customer parking areas shall meet the applicable screening standards outlined in
this Ordinance including but not limited to Sections 8.1 (Off Street Parking) and
6.13. (C -3, Highway Commercial District).
2. 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 (25) feet without a change in architecture to reduce their mass and
appearance. Stacking areas shall have a minimum 90 percent opacity screen to a
height of six (6) feet.
3 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 4.9.
f. Parking of vehicles on public right -of -way shall be prohibited.
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.
h. All flammable materials including liquids and rags, shall conform to the applicable
provisions of the Minnesota Fire Code.
i. No public address system shall be audible from a non commercial or non industrial
use or district.
a. Open sales lots arc allowed provided the use does not take up parking .,paces as
required by this ordinance.
b. Repair services shall be permitted as an acces..ory use to all automotive sales.
c. Stora of chides waiting for repair must be completely inside a principal or
d. Sales lots must be paved with curb and gutter.
f. Lighting of sales lots mu..t be recessed or shielded co as to ha\ e no direct source of
light vizible from adjacent land or public right of way.
g. Loud sp akers and paging systems shall not be audible beyond one hundred (100)
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2. Commercial Car Washes (Drive- Through, Mechanical and Self- Service) provided
that:
a. The site and building(s) shall be designed to limit the effects of the washing operation
on adjacent properties and pubic rights -of -way. No car wash use shall be located
abutting any residential use or district.
b. Screening. 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 Citv, 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 (25) feet without a change in architecture
to reduce their mass and appearance Stacking areas shall have a minimum 90
percent opacity screen to a height of six (6) feet while exiting areas shall have a
minimum 50 percent opacity screen to a height of at least four (4) feet.
c. All overhead vehicle doors on the building shall remain closed except when a vehicle
is entering or existing the building.
d. Commercial car washes shall have a minimum of six (6) stacking spaces per wash
stall. Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long.
e. Stacking lanes shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area.
f. 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.
3. Drive Through Facilities for Restaurants, Banks, and Other Similar Uses.
a. The site and building(s) shall be designed to limit the effects of the drive through on
adjacent properties and pubic rights -of -way. No use with a drive through window
shall be located abutting any residential use or district.
b. Drive through facilities shall have a minimum six (6) stacking spaces per drive
through window. Fast food uses operating more than one window per individual
drive aisle shall meet the stacking requirements for a single drive- through facility.
Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long.
c. Screening. The principal building shall be the primary source for screening the drive
through facility and stacking and exiting areas from adjacent properties and /or rights
of -wav Landscaping and berming shall be a secondary source for screening drive
through, stacking or existing areas. Should landscaping and berming be found
6
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 (25) feet without
a change in architecture to reduce their mass and appearance. Stacking areas shall
have a minimum 90 percent opacity screen to a height of six (6) feet while exiting
areas shall have a minimum 50 percent opacity screen to a height of at least four (4)
feet.
d. Stacking lanes. order board intercom and service window shall be designed and
located to minimize noises, emissions, and headlight glare upon adjacent properties
and public rights- of -way.
e. Stacking lanes shall not interfere with circulation through any required parking,
loading, maneuvering or pedestrian area.
f. No public address system shall be audible from a non commercial or non industrial
use or district.
g. Menu Signs. In addition to the freestanding sign allowed by the Sign Ordinance, fast
food uses may display menu signs related to drive- through facilities, provided that:
1. Not more than one (1) menu sign per defined drive through aisle is allowed.
2. Individual menu signs shall be single sided with an area not to exceed thirty -two
(32) square feet including both menu information and sign cabinet.
3. The height of the menu sign(s) shall not exceed eight feet (8') including its base or
pole measured from grade to the top of the structure.
4. The menu sign(s) shall not encroach into any parking setback and shall be located
directly adjacent to the drive through aisle and oriented in such a manner that the
sign provides information to the drive through patrons onlv and does not provide
supplemental advertising to pass -by traffic and does not impair visibility or
obstruct circulation.
4. Landscape and Horticultural Services.
a. A principal structure must be built on the site.
b. Landscape and Horticultural services are subject to the performance standards
outlined in Section 6.13.D.9 for Outdoor Display /Storage or Sales.
5. Lumber Yards and Construction Materials Businesses.
a. A principal structure must be built on site.
b. Lumber and construction material yards are subject to the performance standards
outlined in Section 6.13.D.9 for Outdoor Displav /Storage or Sales.
6. Motor and Recreational Vehicle, Trailer, Boat, or Agricultural Machinery Sales or
Rental
a. The site and building(s) shall be designed to limit the effects of the sales or rental use
on adjacent properties. No sales or display area shall be located on a site abutting any
residential use or district.
b. A minimum building floor area of 20 percent of the lot area shall be required. All
overhead vehicle doors on the building shall remain closed except when a vehicle is
entering or exiting the building.
c. The outdoor sales or display area shall not interfere with circulation in any required
parking, loading, maneuvering or pedestrian area.
d. The maximum area permitted for outdoor sales or display shall not exceed three and
one -half (3.5) square feet of outdoor storage area to each one (1) square foot of
enclosed ground floor principal building area.
e. The outdoor sales or display area shall conform to the principal building setback
requirements of the C -3 District and meet the off street parking and loading
performance standards outlined in Section 8 of Ordinance B.
f. Junk vehicles are prohibited.
g. Any repair, assembly, disassembly or maintenance of vehicles shall require an
additional conditional use permit subiect to the performance standards outlined in
Section 6.13.D.1.
h. Outdoor storage of parts, materials, and equipment is prohibited.
i. Screening. Landscaping and berming shall be a primary source for screening outdoor
sales and display area from adjacent rights -of -way. 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 (25)
feet without a change in architecture to reduce their mass and appearance The
screening source (landscaping and berming or walls and/or decorative fencing) shall
provide a minimum 50 percent opacity screen to a height of at least four (4) feet.
j. All necessary City or State licenses /permits shall be obtained and remain in good
standing.
k. All exterior lighting shall conform to the C -3 District standards and applicable
sections of this Ordinance.
1. No public address system shall be audible from a non commercial or non industrial
use or district Playing of music or advertisements from the public address system is
prohi bated.
m. Tents roofto
prohibited
ark
ram's or similar vertical devices for elevated dis.la s are
II
n
8
n. Signs shall conform to the performance standards outlined in Ordinance B as well as
the standards listed below:
1. Pennants, balloons, streamers, pinwheels or other attention attracting devices are
prohibited.
2. No freestanding Light poles shall be uses as temporary sign supports, as flagpoles
or to connect flags, streamers, or pennants.
3. No graphics shall be painted on the building or windows.
4. Open hoods of vehicles, windshields, car windows, trunks roofs or the like shall
not be used for individual letters or other signage.
5. No vehicle or trailer shall be parked in such a manner as to advertise the site
location, or to promote or advertise a sale or event
7. Multiple Parcels, Tenants, Buildings, provided uses arc permitted, accessory or
conditional in the C 3 District.
7. Non Service Station Retail Facilities Having Gasoline Pumps.
a. 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 side
abutting any residential use or district.
b. Screening. 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 (25) feet 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 90 percent opacity screen to a
height of four (4) feet.
c. 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 (9) feet wide by eighteen (18) feet long.
d. 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.
e. Fuel pumps shall be installed on pump islands. Pump islands shall be elevated six (6)
inches above the traveled surface of the site and shall conform to the applicable
principle 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 (24) feet between pumps rows, measured curb face to
curb.
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f. 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.
g.
A protective canopy structure may be located over the pump islands, subject to the
following standards:
1. The edge of the canopy shall maintain setbacks as required for the principal
building.
2. The architectural design, colors. and character of the canopy shall be consistent
with theprincipal building on the site. The canopy posts /sign posts shall not
obstruct traffic or the safe operation of the gas pumps.
3. The canopy shall not exceed eighteen (18) feet in height and must provide at least
fourteen (14) feet of clearance to accommodate a semi trailer 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.
4. The canopy fascia shall not exceed three (3) feet in vertical height.
5. 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)
footcandles below the canopy at ground level. The fascia of the canopy shall not
be illuminated.
6. 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.
h. No public address system shall be audible from a non commercial or non industrial
use or district.
i. The sale, storage, or display of vehicles is prohibited.
No outside storage display or services shall be allowed except as follows:
1. 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.
2. Sale or display of goods shall be allowed on the private sidewalk immediately in
front of the principal building. provided that a minimum four (4) foot clearance is
maintained for pedestrian access and that the display does not exceed four (4) feet
in height and is maintained in an orderly fashion. Display shall not block the
handicap accessible route.
3. 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 (3)
10
feet 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.
k. Any repair, assembly, disassembly or maintenance of vehicles shall require an
additional conditional use permit subject to the performance standards outlined in
Section 6.13.D.1
1. A car wash facility shall require an additional conditional use permit subject to the
performance standards outlined in Section 6.13.D.2.
8. Outdoor Amusement and Recreation Services, subject to the following restrictions:
a. No outdoor amusement and recreation service shall be located on a site abutting any
residential use or district.
b. The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public rights -of -way.
c. All improvements except landscaping shall must conform to the setback requirements
for principal buildings in the district.
d. No facilities may be closer than fifty (50) feet to a Residential District boundary
d. No public address system shall be audible from a non commercial or non industrial
use or district.
9. Outdoor Display /Storage or Sales, subject to the following:
a. Outdoor display /storage or sales related to Motor and Recreational Vehicle. Trailer,
Boat. or Agricultural Machinery Sales or Rental shall be subject to those standards
identified elsewhere in this ordinance specific to such use.
b. The site and building(s) shall be designed to limit the effects of outdoor
display /storage or sales on adjacent properties and public rights -of -way.
c. Outdoor display /storage or sales is limited to an area equal to forty five (45) percent
of the gross floor area of the principal building.
d. Outdoor display /storage or sales may be allowed in the following locations:
1. Outdoor displays /storage or sales of goods shall be allowed on the private sidewalk
immediately in front of the principal building, provided that a minimum four (4)
foot clearance is maintained for pedestrian access and that the display does not
exceed four (4) feet in height and is maintained in an orderly fashion. The
outdoor display /storage or sales shall not block the handicap accessible route.
2. At the pump island of an automobile convenience facility. as specified in Section
6.13.D.7
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3. Within an enclosure constructed of materials compatible to the building's
architecture such as decorative fencing or a building wall, provided that:
a. The display area shall be clearly identified on the approved site plan for the
project and shall meet all applicable building setbacks.
b. The enclosure shall provide a minimum ninety (90) percent opacity screen.
c. The display area shall be surfaced with concrete or an approved equivalent to
control dust.
d. The sales and display area shall not take up, or interfere with access to, any
required parking, loading maneuvering orpedestrian area.
e. Displayed merchandise shall be maintained in a neat and orderly fashion.
f. The square footage of the outdoor display area(s) shall be included in
calculation of required off street parking for the use.
e. No public address system shall be audible from a non commercial or non industrial
use or district.
f. Outdoor sales shall only be conducted by the owner or lessee of the premises.
g. Only merchandise that is normally manufactured, sold, or stored by the occupant on
the premises shall be sold and /or promoted.
10. Outdoor Seating or Dining Areas for Eleven or More Seats.
a. The site and outdoor seating or dining area shall be designed to limit the effects of
outdoor seating or dining areas on contiguous properties and /or public rights -of -way.
b. The seating area shall be located in a controlled or cordoned area acceptable to the
City with at least one opening to an acceptable pedestrian walk.
c. When a liquor license is granted, an uninterrupted enclosure is required and the
enclosure shall only have access through the principal building.
d. The seating area shall be located on private property along the front, side or rear of
the principal building but shall not be located within a required setback or on a side
abutting any residential use or district.
e. The seating area shall not interfere with circulation in any required parking. loading,
maneuvering or pedestrian area A minimum four (4) foot passageway shall be
maintained along the private sidewalk for pedestrians.
f. The seating area shall not be permitted within 200 feet of any residential use or
district as measured at the property line and shall be separated from residential use or
district by the principal structure or other method of screening acceptable to the city
The minimum distance from a residential use or district may be reduced should the
City determine the applicant has added sufficient elements to reduce the impact of
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this use.
g. No public address system shall be audible from a non commercial or non industrial
use or district.
11. Self- Service Storage Facilities, subject to the following restrictions:
a. All storage shall be maintained in the storage space and there shall be no outdoor
storage of any products, equipment or other material within the storage facility;
provided, however, open storage for licensed, operable recreation vehicles shall be
permitted, provided the amount is not more than twenty five percent (25 of the
area occupied by buildings.
b. The perimeter of the storage facility shall be entirely enclosed by a combination of
buildings and decorative fencing. Chain link, barbed wire or wood privacy fencing
shall not be permitted as decorative material, except as may otherwise be approved by
the City Council. For the purposes of calculating foundation planting requirements,
the decorative fencing of the perimeter shall be used in lieu of the building perimeter
calculation.
c. All storage space openings shall be oriented internally to the facility and shall not
directly face a public street or adjoining property.
d. Green space, planting clusters and berming shall be strategically designed and located
around openings between storage facility structures.
e. The self service storage facility shall be required to provide 1.25 times the required
minimum for over -story Tree plantings so as to satisfy the requirements of d. above,
and provided the minimum interval spacing requirement at the boulevard is satisfied
and met. All landscaped areas shall be required to include the proper installation of
an underground irrigation system.
f. An accessory caretaker residence may be permitted with a storage facility, provided it
is only used for resident security and management purposes and the exterior building
materials shall match those of the principal and accessory storage facility structures.
g.
j•
The exterior wall surfaces of all building structures that comprise the development
project shall consist of brick, decorative block. stone, architectural concrete cast in
place or precast concrete panels. The "interior" wall surfaces where storage spaces
are located at or below the top of the overhead door, and including the storage space
doors and columns between such spaces, may be of metal, which shall consist of a
decorative factory, applied finish.
h. The hours of operation for the self service storage facility shall be restricted to
between the hours of 6:00 a.m. and 11:00 p.m.
i. Access to the interior of the fenced area shall be available to emergency responders in
a manner to be acceptable to the Fire Marshal.
All internal driveways intended for access to individual storage spaces shall have
minimum widths of 20 feet.
13
k. No internal driveway may exceed 150 feet without providing sufficient space to turn
vehicles around allowing for a minimum turning radius of 45 feet, or as approved by
the Fire Marshal.
1. Common parking space available to all storage units shall be provided at a rate no
less than 1 space per 6,000 sq. ft. of storage area.
m. The exterior buildings, driveways, open space and landscaping, front, side and rear
yards shall be maintained and repaired or replaced in conformance with the approved
plans by the property owner or landlord. This condition shall be kept that it will not
cause a blighting of the area or a general deterioration of the self storage facility.
n. If storage units are to be sold individually, and no landlord or property owner is
available to assume site management responsibilities, an Owners' Association shall
be required to assume the responsibilities of overall site management. The Owners'
Association shall be governed by a Declaration of Covenants that shall be approved
by the City and recorded at Dakota County. The open space and common areas shall
be maintained and cared for by the developer of the self storage facility until an
Owners' Association is formed to maintain open space and common areas. This
Owners' Association shall be responsible for the care and maintenance of all open
space and common areas of the self storage facility and also for the maintenance and
appearance of the exterior of each unit. The Owners' Association shall levy charges
to each owner for the maintenance cost, operating costs and improvement costs for
the open or green space, and for the common and privately owned parking and paved
areas beyond each storage unit. In addition, the Owners' Association will assume the
responsibility to maintain the exterior of the building(s) and also in an acceptable
condition which is compatible with adjoining properties. The Owners' Association
will cause blighted individually owned units or areas within the facility to be repaired,
restored and maintained as necessary to an acceptable standard for the area.
o. Failure to organize Owners' Association: In the event that the developer or owner of
the self storage facility is unable to organize the property owners into an association
for the maintenance of the open space and individually owned storage units after
twelve (12) months from the completion of the construction, the Council will call for
a public hearing of all persons so concerned and ask for the creation of such an
association. If no association is formed or if the association ceases to function any
time after it is formed, the Council will order such maintenance work and restoration
of the area and then will assess such costs, together with a reasonable supervision
charge, to the owners in the self storage facility or the individual owner receiving the
individual benefit.
p. The Council may require that the Declaration of Covenants include provisions to
meet the minimum requirements of this section or to satisfy conditions of City
approval, may be enforced by the City, and may not be amended or released without
City Council approval.
12. Transmission Facilities greater than one fourth (1/4) mile in length.
E. Interim Uses:
14
1. Transient Merchant Sales Lots as regulated by City Code chapter 3 -5 and the Zoning
Ordinance. provided that:
a. The owner and /or operator of the outdoor sales lot or event shall have written
permission of the property owner of the property on which the sale or event is located
and shall have said written permission available for inspection if requested.
b. No portion of the sales lot or any advertising for the event shall take place within any
public right -of -way or intersection sight triangle. A minimum ten -foot (10') setback,
or the minimum parking setback for the applicable zoning district if it provides for a
greater setback shall be maintained from all property lines and no portion of the use
shall take place within one hundred feet (100') of any property line of any residential
use or residentially zoned property.
c. Any signage for the outdoor sale lot or event shall comply with the temporary signage
requirements contained in Chapter 10 of the Zoning Ordinance.
d. Any temporary structure, including tents and membrane structures, associated with
the outdoor sales lot or event shall comply with all applicable building codes and
permit requirements.
e. Hours of operation shall be subject to the requirements of Chapter 3 -5 of the City
Code.
f. Adequate off street parking, with a surface in compliance with Section 8 -2 -2 -I of the
City Code, shall be provided for both the principal and interim use ensuring that no
obstruction or interference occurs with existing traffic patterns.
g.
No parking related to the outside sales lot or event shall be permitted on adjacent
parcels without the prior written consent of the adjacent parcel owner. Said written
permission shall be available for inspection if requested.
h. A detailed site plan showing the outdoor sales lot area and dimensions, access and
press to the site, all structures, setbacks signage, parking and any other information
requested to approve the outdoor sales lot shall be submitted for approval with
application materials required for an interim use permit and an outdoor sales lot in
Chapter 3 -5 of the City Code.
i. Outdoor sales lot for consumer fireworks sales shall meet the specialized
requirements Laid out in Minnesota Statute Section 624.20, City Code Chapter 6 -4,
and all other applicable Zoning, City Code, Fire Code, County Ordinance, or State
Statutes.
.j. The period during which the permitted use may continue will be specified by the City
Council, but in no case will be longer than 120 days.
F. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area: 1 acre
2. Minimum Lot Width- 120 feet
15
3. Maximum Lot Coverage. 75%
4. Minimum District Size. 2 acres
5. Minimum Front Yard Setback:
a. Principal Structure 30 feet
b. Accessory Structures: 30 feet
6. Minimum Side Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures: 10 feet
7. Minimum Rear Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures: 10 feet
8. Parking Setbacks:
a. Minimum front yard setback: 20 feet
b. Minimum rear yard setback: 10 feet
c. Minimum side yard setback: 10 feet
d. When there exits an easement for a shared private roadway or drive, the required
setback is ten (10) feet from the easement.
9. Buffer Yard.
required buffer strip on the side and r ar yards not less than thirty (30) feet in width shall be
required. This strip shall contain no structures, shall not be used for parking, off street
loading or storage, and shall be landscaped. Landscaping shall include sod or seeded grass,
and planting of trees and shrubbery. A ,crcen wall, fence, arthcn berm or retaining wall not
lees than fifty ninety percent (5004) (90 opaque, nor Icss than three (3) feet in height shall
be erected to provide sufficient .,crecning of the commercial parking.
A buffer yard equal to thirty (30) feet or two (2) times the height of the building,
whichever is greater. shall be required along any side or rear property line abutting any
non commercial or non industrial use or district The minimum buffer yard for any
single occupancy building with a footprint equal to or larger than 40,000 square feet, but
not greater than 100,000 square feet, shall be increased by 50% of the required buffer
ard. Buffer ards for buildin s with a foot rint exceedin 100 000 s. ft shall be
increased by 100% This area shall contain landscaping and berming to provide a ninety
(90) percent opacity screen to a height of at least six (6) feet and shall not contain any
structures, parking. off street loading or storage. Should landscaping and berming be
16
G.
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 (25) feet without a
change in architecture to reduce their mass and appearance.
10. Maximum Building Height:
a. Principal Structure 35 feet
b. Accessory Structure: 25 feet
Site and Building Standards. To prevent urban
blight and ensure quality long lasting construction compatible with both adjacent properties
and those throughout the district, all sites and buildings shall comply with the following
standards, as well as applicable sections of Ordinance B.
a. The exterior wall surfaces of all buildings within the C 1 General Commercial
percent (50 of the wall surface may be natural stone or rock or an equivalent or
concrete, metal and wood, and tip up concrete panels. Non earth tone brick shall be
limited to architectural accents.
1, Architectural Appearance: While variation in materials and colors that support the
general theme may be allowed. the overall building shall have "360 Degree" architecture.
Non earth tone materials shall be limited to architectural accents. The color of the non-
brick or stone portion of the building shall match the predominant brick or stone color
portion.
2. Building Massing: Facades shall be articulated to reduce their mass and scale and
provide visual interested consistent with Rosemount's identity, character, and scale.
Large uninterrupted building walls or elevations are prohibited. Corner architectural
elements are encouraged to define the edges of a building. A building more than one
hundred (100) feet in width shall be divided into increments of no more than thirty (30)
feet through the articulation of the facade. This shall be achieved through combinations
of the following techniques:
a. Divisions or breaks in the materials.
b. Arcades, entry features window bays. or the like.
c. Variations in roof lines or slope plane.
d. Variation in building plane or setback.
e. Equivalent techniques approved by the City.
3. Permitted Materials: The exterior wall surfaces except for windows of all buildings
shall be constructed of at least fifty percent (50 brick or natural stone. The remaining
17
fifty percent (50 of the wall surface may be specialty integral colored concrete block
(including textured, burnished, and rock faced block), tile (masonry, stone or clay),
architectural textured concrete panels cast in place, or better. EIFS or masonry stucco
may be used for the sign band areas and/or architectural accents totaling no more than ten
(10) percent of the non glass. brick or stone portion of the building. Unadorned
concrete is prohibited.
4. Pedestrian Circulation: Appropriate provisions shall be made to protect pedestrian
areas from encroachments by parked or moving vehicles Clear and well lighted
walkways shall extend throughout the site and parking area(s) connecting building
entrances to adjacent public sidewalks and any parking facilities located on the site.
a. Walkway(s) shall be made of high quality long lasting, and decorative materials and
incorporate architectural themes present in the surrounding building. Bituminous or
asphalt materials are prohibited.
b. A walkway at least six (6) feet wide shall extend along any facade featuring a
customer entrance and any facade abutting a parking or maneuvering area.
c. A continuous and permanent concrete curb not less than six (6) inches above grade
shall separate internal sidewalks from parking loading, stacking and maneuvering
areas.
d. Concrete sidewalks, five (5) feet in width, shall be provided on all commercial
property along any collector or arterial street.
5. Lighting: Lighting shall be consistent in character throughout the entire property site, in
both design and bulb type.
a. Any light fixture must be placed in such a manner that no light emitting surface is
visible from any residential area or public /private roadway, walkway. trail or other
public way when viewed at ground level.
c. Light directed upward is prohibited shall be directed toward the ground. Extemally
lit signs, display, building and aesthetic lighting must be lit from the top and shine
downward. Lighting must be shielded to prevent direct glare.
d. The level of lighting shall not exceed 0.5 lumens at any residential property line or
1.0 lumen at any non residential property line.
e. The maximum height for exterior lighting is thirty (30) feet. The maximum height
for exterior lighting within 100 feet of a residential use or district shall be 20 feet.
f. All non essential lighting will be required to be turned off after business hours,
leaving only the necessary lighting for site security.
6. Parking Lots: To reduce the impact of large expanses of paved surfaces provide a more
pedestrian friendly environment and provide adequate room for snow storage, all parking
areas (including driveways and drive aisles) shall be screened and landscaped. Trees,
shrubs. flowers and ground cover needed in these areas shall be in addition to the
minimum number of trees and foundation plantings required by Ordinance B.
18
a. Screening. Landscaping and berming shall be a primary source for screening parking
areas. Should landscaping and berming be found ineffective by the Citi, 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 (25) feet without a change in architecture to reduce their
mass and appearance. The screening source (landscaping and berming or walls
and /or decorative fencing) shall provide a minimum 50 percent opacity screen to a
height of at least four (4) feet.
b. Landscaping: A minimum of ten (10) percent of the parking area shall be landscaped.
This landscaping shall be located on islands peninsulas or the like within the
perimeter of the parking area.
1. The islands or peninsulas shall be a minimum eight and one -half (8.5) feet wide
and extend the length of the adjacent parking stall(s). These dimensions may be
altered to provide sufficient area for the proposed landscaping to mature.
2. To ensure this landscaping is properly dispersed a minimum of one island,
peninsulas or the like shall be located within each 6 000 square feet of vehicular
use area.
3. A minimum of one tree shall be required for each 250 square feet or fraction
thereof, of required landscape area. Deciduous trees shall have a clear trunk of at
least five feet above the ground and a caliper of at least two and one -half (2.5)
inches. Coniferous trees shall be at least four (4) in height. The remaining area
shall be landscaped with shrubs or ground cover (not to include rocks or gravel
except as a mulch around shrubs and ground cover) not to exceed two feet in
height.
7. Landscaping: All areas of land other than those occupied by building or hardcover shall
be landscaped with a combination of sod and plantings. Rock or mulch may only be used
as an accent material around sod or plantings. Trees, shrubs, flowers and ground cover
needed to these areas shall be in addition to the minimum number of trees and foundation
plantings required by Ordinance B. All landscaped areas shall be irrigated. Portions of
the site may be exempt from these requirements with City approval where future
development or expansion is planned within a reasonable penod of time. These areas
shall either be graded and seeded with prairie or maintained grass in accordance with the
City of Rosemount Grading Requirements or remain as undisturbed natural areas
containing existing viable natural vegetation that can be maintained free of foreign and
noxious plant material and will not produce soil erosion due to potential increases in
storm water runoff.
Section Two: This Ordinance shall be effective the day following its publication.
Adopted this 1st day of November, 2005.
19
William Droste, Mayor
AN ORDINANCE AMENDING THE ZONING REGULATIONS
PERTAINING TO THE C -4 GENERAL COMMERCIAL DISTRICT
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. Section 6.14 of the Rosemount Zoning Ordinance is amended as follows:
6.14 C -4 GENERAL COMMERCIAL DISTRICT
A. Purpose and Intent: The purpose of the General Commercial District is to provide a wide
range of goods and services to the entire community. Due to their proximity to major arterial
streets, businesses in this District are dependent on large volumes of traffic, thus need to be
highly visible and accessible. It is the intent of this District to promote deg elopment that
maximizes the full development potential in this area. Zoning standards are intended to
promote compatibility in form, function and style.
B. Permitted Uses: The following uses are permitted uses in the C -4 District.
restrictions:
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE B -161
a. Gas, line fuel pumps shall be installed on pump islands located not cl scr than thirty
five (35) feet from any property line.
b. A protective canopy accc.fory structure located over pump islands may be located on
the property, provided that adequate visibility both on and off site is maintained. The
canopy shall be consistent the principal building in design and character.
from adjacent land, or the public right of way.
Vehicular access p ints shall cr tc minimum conflict with thr ugh traffic movement
g. Parking f vehicles n public right of way shall be pr hibitcd.
art, computer services, mailing, photocopying, photography, and public relations or
similar businesses.
1
1. Child and Adult Day Care.
2. Communications Businesses.
Z C pnvcn i ence Sto res
3. Eating and Drinking Establishments Without Drive Through Facilities.
4. Educational Services, excluding elementary and secondary schools.
4. Essential Service Facilities.
5. Financial Institutions Without Drive Through- Facilities.
6. General Repair Services, including appliance repair, furniture re- upholstery and repair,
jewelry, clock, watch, radio, small electronics, small engine and television repair
occurring within an enclosed building.
7. Hotels and Motels.
8. Indoor Amusement and Recreation Services, including video arcades subject to the
following restrictions:
a. Any arcade with fifteen (15) or more machines shall have an adult supervisor on
duty during all hours of operation.
b. No arcade shall be operated within five hundred (500) feet of a school, church, or
residence unless it is an integral part of a shopping center and does not have an
entrance except from within the shopping center.
9. Membership Organizations.
10. Personal Services, including barber and beauty shops, fitness centers, funeral services
and mortuaries, facilities, laundry services, shoe repair, photography and video rental.
11. Professional Services and Offices, including architects and attorney offices, dental and
medical clinics, financial services, insurance providers, and -real estate businesses and the
like.
12. Public or Governmental Services.
13. Public Parking Lots and Transit Stations.
14. Public Parks, owned and operated by a government unit, including recreational facilities
and structures consistent with the public area.
2
15. Retail Sales, including automobile parts, books and stationery, clothing, drug, gifts and
novelties, groceries, furniture and hardware, hobby, video sales, jewelry, and sporting
goods stores or othcr general commercial retail establishment., the like.
16. Automobile sales, new and used, are prohibited.
17. Theaters, excluding drive -in theaters.
18. Veterinary Services, not including outdoor runs or kennels.
C. Accessory Uses: The following uses shall be permitted accessory uses.
1. Off Street Parking for a Permitted, Conditional, or Interim use
2. Outdoor Display /Sales and Storag
restrictions thc conditions in 16.1.D.1: Outdoor display /storage or sales of goods shall be
allowed on the private sidewalk immediately in front of the principal building, provided
that:
a. The outdoor display /storage or sales area shall not block a handicap accessible route
and shall maintain a minimum four (4) foot clearance for pedestrian access..
b. The outdoor display /storage or sales area does not exceed four (4) feet in height and
is maintained in an orderly fashion.
c. No public address system shall be audible from a non commercial or non industrial
use or district.
d. Outdoor display /storage or sales shall only be conducted by the owner or lessee of the
premises.
e. Only merchandise that is normally manufactured. sold or stored by the occupant on
the premises shall be sold and/or promoted.
a. Merchandise mu.,t consist only of fini.,hed products.
b. Outdoor sales shall be conducted by thc owner or lcs.,ec of the premises or with the
written consent f the wncr or lessee.
are customarily sold unassembled and are intended for cu.,tomer purchase and
assembly.
d. Only merchandise that is normally manufactured, sold, or stored by thc occupant on
thc premises shall be sold and /or promoted.
3
principal use and must be fenced or „crooned from view of abutting residential
districts.
f. Sales activity may bc conducted within a required yard provided the area is paved and
the activity does n t interfere with parking vehicular or pedestrian circulation.
designated loading ar a, no commercial trucks, truck tractor, or semi trailer
combinations arc permitted to be parked and/or stored longer than forty eight (18)
hours. Semi trailers may not bc used for outd or sales.
3. Outdoor Seating or Dining Areas for ten or fewer seats, accessory to permitted or
conditional uses, subject to:
a. The site shall be designed to limit the effects of this outdoor seating or dining areas
on adjacent properties.
b. The outdoor seating or dining area shall be located on private property along the
front, side or rear of the principal building but shall not be located within a required
setback or on a side abutting any residential use or district
c. The outdoor seating or dining area shall not interfere with circulation in any required
parking, loading, maneuvering or pedestrian area. A minimum four (4) foot
passageway shall be maintained along the private sidewalk for pedestrians.
d. Patrons shall not be served food or beverages outside, except that employees may
refill beverage containers in the seating area. At no time shall the seating area be
used for the consumption of alcoholic beverages.
e. The outdoor seating or dining area shall be equipped with refuse containers. The
business owner shall ensure that the area is properly maintained and litter -free.
f No public address system shall be audible from a non commercial or non industrial
use or district.
4. Satellite Dishes and Solar Collectors.
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 Ordinance B.
1. Drive through facilities for restaurants, banks, and other similar uses.
a. The site and building(s) shall be designed to limit the effects of the drive through on
adjacent properties andpubic rights- of -wav No use with a drive- through window
shall be located abutting any residential use or district
b. Drive through facilities shall have a minimum six (6) stacking spaces per drive
through window Fast food uses operating more than one window per individual
4
2
drive aisle shall meet the stacking requirements for a single drive through facility.
Each space shall be a minimum of nine (9) feet wide by eighteen (18) feet long.
c. Screening. The principal building shall be the primary source for screening the drive
through facility and stacking and existing areas from adjacent properties and/or
rights -of -way. Landscaping and berming shall be a secondary source for screening
drive through, stacking or 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 (25) feet without
a change in architecture to reduce their mass and appearance. Stacking areas shall
have a minimum 90 percent opacity screen to a height of six (6) feet while exiting
areas shall have a minimum 50 percent opacity screen to a height of at least four (4)
feet.
d. Stacking lanes order board intercom and service window shall be designed and
located to minimize noises, emissions and headlight glare upon adjacent properties
and public rights -of -way.
e. Stacking lanes shall not interfere with circulation through any required parking,
loading, maneuvering or pedestrian area
f. No public address system shall be audible from a non commercial or non industrial
use or district.
g. Menu Signs. In addition to the freestanding sign allowed by the Sign Ordinance, fast
food uses ma dis.lay menu sins related to drive -throu h facilities, .rovided that:
1. Not more than one (I menu signper defined drive through aisle is allowed.
2 Individual menu signs shall be single sided with an area not to exceed thirty -two
(32) square feet including both menu information and sign cabinet.
3. The height of the menu sign(s) shall not exceed ei'ht feet (8') including its base or
pole measured from grade to the top of the structure.
4. The menu sign(s) shall not encroach into anyparking setback and shall be located
directly adjacent to the drive through aisle and oriented in such a manner that the
sign provides information to the drive through patrons only and does not provide
supplemental advertising to pass -by traffic and does not impair visibility or
obstruct circulation.
2. Educational Services, excluding elementary and secondary schools.
conditional in the C '1 District.
3. Outdoor Seating or Dining Areas for Eleven or More Seats.
a. The site and enclosure(s) shall be designed to limit the effects of outdoor seating or
dining areas on contiguous properties and /or public rights -of -way.
5
b. The seating area shall be located on private property along the front, side or rear of
the principal building but shall not be located within a required setback or on the side
abutting any residential use or district.
c. The seating area shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area. A minimum four (4) foot passageway shall be
maintained along the private sidewalk for pedestrians.
d. The seating area shall be located in a controlled or cordoned area acceptable to the
City with at least one opening to an acceptable pedestrian walk.
e. When a liquor license is granted, an uninterrupted enclosure is required and the
enclosure shall only have access through the principal building
f. The seating area shall not be permitted within 200 feet of any residential use or
district as measured at the property line and shall be separated from residential use or
district by the principal structure or other method of screening acceptable to the city.
The minimum distance from a residential use or district may be reduced should the
City determine the applicant has added sufficient elements to reduce the impact of
this use.
No public address system shall be audible from a non commercial or non industrial
use or district.
4. Transmission Facilities greater than one fourth (1/4) mile in length.
E. Interim Uses.
1. Those interim uses listed in the C -3, Highway Commercial District.
F. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area: 20,000 sq.ft.
2. Minimum Lot Width- 120 feet
3. Maximum Lot Coverage- 75%
4. Minimum District Size: 1 acre
5. Minimum Front Yard Setback:
a. Principal Structure 30 feet
b. Accessory Structures: 30 feet
6. Minimum Side Yard Setbacks:
a. Principal Structures: 10 feet
g.
6
b. Accessory Structures: 10 feet
7. Minimum Rear Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures: 10 feet
8. Parking Setbacks:
a. Minimum front yard setback: 20 feet
b. Minimum rear yard setback: 10 feet
c. Minimum side yard setback: 10feet
a. When there exists an easement for a shared private roadway or drive, the required
setback is ten (10) feet from the easement.
9. Buffer Yard:
be required. This strip shall contain no structures, shall not be used for parking, off street
grass, and planting of trees and shrubbery. A screen wall, fence, arthcn berm or
retaining wall not less than fifty ninety percent (50 (90 opaque, nor less than three
(3) feet in height ..hall be erected to provide .,ufficicnt screening of the commercial
parking.
A buffer yard equal to thirty (30) feet or two (2) times the height of the building.
whichever is greater, shall be required along any side or rear property line abutting any
non commercial or non industrial use or district. The minimum buffer yard for any
single occupancy building with a footprint equal to or larger than 40 000 square feet but
not greater than 100,000 square feet, shall be increased by 50% of the required buffer
yard. Buffer yards for buildings with a footprint exceeding 100.000 sq ft shall be
increased by 100 This area shall contain landscaping and berming to provide a ninety
(90) percent opacity screen to a height of at least six (6) feet and shall not contain any
structures. parking. off street loading or storage. 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 (25) feet without a
change in architecture to reduce their mass and appearance.
10. Maximum Building Height:
a. Principal Structure' 35 feet
b. Accessory Structure: 25 feet
Site and Building Standards. To prevent urban
blight and ensure quality long lasting construction compatible with both adjacent properties
7
and those throughout the district, all sites and buildings shall comply with the following
standards, as well as applicable sections of Ordinance B.
Buildingsr
a The exterior wall urfaces of all buildings within the C 1 Cenral Commercial
District shall be constructed of at 1 fist fifty percent (50 brick. The remaining fifty
percent (50 of the wall surface may be natural stone or rock or an equivalent or
better. Prohibited materials for exterior wall finishes are rock face block, masonry
concrete, metal and wood, and tip up concrete panels. Non arth tonc brick shall be
limited to architectural accents.
1. Architectural Appearance: While variation in materials and colors that support the
general theme may be allowed, the overall building shall have "360 Degree" architecture.
Non earth tone materials shall be limited to architectural accents. The color of the non
brick or stone portion of the building shall match the predominant brick or stone color
portion.
2. Building Massing: Facades shall be articulated to reduce their mass and scale and
provide visual interested consistent with Rosemount's identity, character, and scale.
Large uninterrupted building walls or elevations are prohibited. Corner architectural
elements are encouraged to define the edges of a building. A building more than one
hundred (100) feet in width shall be divided into increments of no more than thirty (30)
feet through the articulation of the facade This shall be achieved through combinations
of the following techniques:
a. Divisions or breaks in the materials.
b. Arcades, entry features, window bays, or the like.
c. Variations in roof lines or slope plane.
d. Variation in building plane or setback.
e. Equivalent techniques approved by the City.
3. Permitted Materials: The exterior wall surfaces of all buildings shall be constructed of
at least fifty percent (50 brick or natural stone The remaining fifty percent (50 of
the wall surface may be specialty integral colored concrete block (including textured,
burnished. and rock faced block), tile (masonry, stone or clay). architectural textured
concrete panels cast in place, or better. EIFS or masonry stucco may be used for the sign
band areas and/or architectural accents totaling no more than ten (10) percent of the non
glass, brick or stone portion of the building. Unadorned concrete is prohibited.
4. Pedestrian Circulation: Appropriate provisions shall be made toprotect pedestrian
areas from encroachments by parked or moving vehicles. Clear and well lighted
walkways shall extend throughout the site and parking area(s) connecting building
entrances to adjacent public sidewalks and any parking facilities located on the site.
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a. Walkway(s) shall be made of high quality. long lasting, and decorative materials and
incorporate architectural themes present in the surrounding building. Bituminous or
asphalt materials are prohibited.
b. A walkway at least six (6) feet wide shall extend along any facade featuring a
customer entrance and any facade abutting a parking or maneuvering area.
c. A continuous and permanent concrete curb not less than six (6) inches above grade
shall separate internal sidewalks from parking loading, stacking and maneuvering
areas.
d. Concrete sidewalks, five (5) feet in width, shall be provided on all commercial
property along abutting any collector or arterial street.
5. Lighting: Lighting shall be consistent in character throughout the entire property site, in
both design and bulb type.
a. Any light fixture must be placed in such a manner that no light emitting surface is
visible from any residential area or public /private roadway, walkway, trail or other
public way when viewed at ground level.
c. Light directed upward is prohibited shall be directed toward the ground. Extemally
lit signs, display, building and aesthetic lighting must be lit from the top and shine
downward. Lighting must be shielded to prevent direct glare.
d. The level of lighting shall not exceed 0.5 lumens at any residential property line or
1.O lumen at any non residential property line.
e. The maximum height for exterior Lighting is thirty (30) feet. The maximum height
for exterior lighting within 100 feet of a residential use or district shall be 20 feet.
f. All non essential lighting will be required to be turned off after business hours,
leaving only the necessary lighting for site security.
6. Parking Lots: To reduce the impact of large expanses of paved surfaces, provide a more
pedestrian friendly environment and provide adequate room for snow storage, all parking
areas (including driveways and dnve aisles) shall be screened and landscaped. Trees,
shrubs, flowers and ground cover needed in these areas shall be m addition to the
minimum number of trees and foundation plantings required by Ordinance B.
a. Screening. Landscaping and berming shall be a primary source for screening parking
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 (25) feet without a change in architecture to reduce their
mass and appearance. The screening source (landscaping and berming or walls
and/or decorative fencing) shall provide a minimum 50 percent opacity screen to a
height of at least four (4) feet.
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ATTEST:
b. Landscaping: A minimum of ten (10) percent of the parking area shall be landscaped.
This landscaping shall be located on islands, peninsulas or the like within the
perimeter of the parking area.
1. The islands or peninsulas shall be a minimum eight and one half (8.5) feet wide
and extend the length of the adjacent parking stall(s) These dimensions may be
altered to provide sufficient area for the proposed landscaping to mature.
2. To ensure this landscaping is properly dispersed, a minimum of one island.
peninsulas or the like shall be located within each 6,000 square feet of vehicular
use area.
3. A minimum of one tree shall be required for each 250 square feet or fraction
7. Landscaping: All areas of land other than those occupied by building or hardcover shall
be landscaped with a combination of sod and plantings. Rock or mulch mav only be used
as an accent material around sod or plantings. Trees, shrubs. flowers and ground cover
needed in these areas shall be in addition to the minimum number of trees and foundation
plantings required by Ordinance B. All landscaped areas shall be irrigated. Portions of
the site mav be exempt from these requirements where future development or expansion
is planned. These areas shall either be graded and seeded with prairie grass in accordance
with the City of Rosemount Grading Requirements or remain as undisturbed natural areas
containing existing viable natural vegetation that can be maintained free of foreign and
noxious plant material and will not produce soil erosion due to potential increases in
storm water runoff.
Section Two: This Ordinance shall be effective the day following its publication.
Adopted this 1st day of November, 2005.
Linda Jentink, City Clerk
thereof, of required landscape area Deciduous trees shall have a clear trunk of at
least five feet above the ground and a caliper of at least two and one -half (2 5)
inches. Coniferous trees shall be at least four (4) in height. The remaining area
shall be landscaped with shrubs or ground cover (not to include rocks or gravel
except as a mulch around shrubs and ground cover) not to exceed two feet in
height.
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William Droste, Mayor
Published this day of 2005 in the Rosemount Town Pages.
Excerpt of Draft Minutes from the Regular City Council Meeting of October, 18, 2005
NEW BUSINESS
b. C3 and C4 Zoning Text Amendments 05- 25 -TA, First Reading
Commumty Development Director Lindquist descnbed Council input at work sessions held
on August 9 and September 14 for C3 and C4 commercial zoning.
The zoning text amendment changes included:
1. The "Decorative Fence" defuution was revised to further restrict the materials to be used:
Decorative Fence A fence as defined by this Ordinance made of high quahty, long lastmg
and ornamental materials including finished metal or aluminum, wrought iron, buck and the
like but not including wood, unfinished metal, vinyl, PVC, chain link, wire, barbed wire or
like materials.
2 Buffer yard setbacks for commercial properties adjacent to residential uses:
A buffer yard equal to thirty feet or two times the height of the building, whichever is
greater, shall be required along any side or rear property hne abutting any non commercial or
non industrial use or district. The minimum buffer yard for any single occupancy building
with a footprint equal to or larger than 40,000 square feet, but not greater than 100,000
square feet shall be increased by 50% of the required buffer yard. Buffer yards for buildings
with a footprint exceeding 100,000 square feet shall be increased by 100% This area shall
contain landscaping and berming to provide a ninety percent opacity screen to a height of a
least six feet and shall not contain any structures, parking off street loading or storage.
Should landscaping and baffling be found ineffectual 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 without a change m architecture to reduce their mass and appearance.
3. Minor revisions to the size of menu board signs as part of a conditional use permit for a
drive- through facility. Ms. Lindquist stated this would also discourage non related
advertising on menu boards.
Council consensus agreed with the proposed changes. No clarification questions were asked.
Staff will present the second reading on the Consent Agenda at the next regular City Council
meeting.