Loading...
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 1 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: 2 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 �r 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: 3 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: 4 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) 5 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. 9 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 11 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 12 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. 8 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. 9 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. 10 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.