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Home My WebLink About10.b. C3 and C4 Zoning Text Amendments 02-25-A, First Reading'Jlly LJVUI IVII IVIGGL1117. vvL AGENDA ITEM: Case 05 -25 -TA C -3, Highway Commercial and C -4, General Commercial Zoning Text Amendment AGENDA SECTION: New Business PREPARED BY: Jason Lindahl, A.I.C.P. Assistant City Planner AGEN f (g, ll ATTACHMENTS: Use Change Summary Tables for the C- 3 and C -4 Districts, Amended C -3, Highway Commercial and C -4, General Commercial Districts, 07/26/05, 07/12/05, and 06/28/05 PC Minutes APPROVED BY: r RECOMMENDED ACTION: First Reading 4 ROSEMOUNT CITY COUNCIL :I EXECUTIVE SUMMARY SUMMARY This item is a first reading of the proposed amendments to the C -3, Highway Commercial and C -4, General Commercial Districts, The Council reviewed the details changes to these districts during work sessions on August 9 and September 14, 2005 During each of those work sessions, the Council raised several questions and directed staff to make minor revisions to the ordinances. A detailed account of the changes made since the September 14 meeting is provided below. Staff modified the districts as directed and presents the changes here for a first reading. CITY COUNCIL REVIEW During those work sessions, staff outlined the proposed changes to the C -3, Highway Commercial and C- 4, General Commercial District. At those meetings, staff explained that changes to these distracts were made m two areas. Uses and Development Performance Standards The "use" changes include the following three items: (1) modernizing the permitted, accessory and conditional use sections, (2) creating detailed performance standards for several specific conditional uses, and (3) adding an interim use category The development performance standards changes entail the following four items' (1) increasing the buffering standards for commercial uses abutting non commercial or non mdustnal uses or distncts, (2) updating the building materials and appearance standards (3) create parking lot screening and landscaping standards, and (4) adding landscaping and irrigation standards. After the work session on September 14` the Council directed staff to make the following changes. 1. Make minor revisions to the definition of "Decorative Fence." After reviewing the proposed definition for Decorative Fence, Councilmember DeBettignies felt staff should further restrict the materials to be used for decorauve fences. He suggested that resin based materials also be prohibited Given this direction, the defininon for Decorative Fence now reads as follows: Decorative Fence A fence as defined by this Ordinance made of high quality, long lasting and ornamental matenals including finished metal or aluminum, wrought iron, back and the like but not including wood, unfinished metal, vinyl, PVC, chain lank, wire, barbed wzm or lake matenals. Suice this definition was not part of die original C -3 or C -4 Districts, it must be reviewed and approved as a separate item. Therefore, staff has scheduled it for a pubhc hearing before the Planning Commission on October 25 and the City Council on November 15, 2005. 2. Generate scaled or proportional setbacks (buffers yards) for commercial properties adjacent to residential uses. After reviewing the setback and building height performance standards from the American Planning Association, m Rosemount, and m the surrounding communities, staff modified the buffer yard standard to Include larger buffer yard setbacks based on the size of the building's footprint. The Buffer Yard standard as modified is provided below. A buffer yard equal to thirty (30) feet or two (2) tunes the height of the building, whichever is greater, shall be required along any side of 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. Buffet yards for buildings with a footprint exceeding 100,000 sq. ft. shall be increased by 100 0 /0. This area shall contain landscaping and berating 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 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 (25) feet without a change in 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 dive though facility. After comparing the proposed standards for menu board signs with a sample of existing sign throughout the community, staff made minor increases to both the size and height standards for these signs. Staff feels these increase bring the size and height standards more inhne with existing signs throughout the community. PLANNING COMMISSION REVIEW The 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 Planning 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 interim uses allowed in these district as well as modernize the development performance standards. Staff finds these amended districts consistent with the goals set by the Planning Commission and City Council as well as the City's existing Comprehensive Plan. 2 C -3, Highway Commercial Use Changes Summary Cate ory Use Existing Proposed Accessory Apartments Accessory Use Deleted Agncultural Machinery Equipment Sales Permitted Use Moved to Motor Vehicle Sales or Rental Conditional Use Automotive Repair Permitted Use Conditional Use Automotive Sales Conditional Use Moved to Motor Vehicle Saks and Rental Conditional Use Child Adult Day Care N/A Added as Permitted Use Commercial Car Wash N/A Added as Conditional Use Communication Businesses Permitted Use Pernutted Use Convenience Stores Permitted Use Allowed as Permitted Retail Use Custom Manufacturing, With Accessory Retail Sales Display Conditional Use Deleted Drive-Through Facilrnes N/A Conditional Use Eating Drinking Estabhshments Without Dnve Though Facilities Permitted Use Permitted Use Essential Services Permitted Use Permitted Use Financial Services N/A Pernutted Use Gasoline Sales Permitted Use Moved to Non Service Stanon Retail Facihnes Having Gasoline Pumps Conditional Use General Repair Services Permitted Use Permitted Use Hotels Motels Permitted Use Permitted Use Indoor Amusement Recreation Permitted Use Permitted Use Landscape Horticultural Permitted Use Conditional Use Lumber Yards Construction Matenals Permitted Use Conditional Use Motor Vehicle, Trailer, Boat, or Agricultural Machinery Sales or Rental N/A Conditional Use Multiple Parcels, Tenants, Buildings Conditional Use Deleted Non Service Stanon Retail Facilities Having Gasoline Pumps Permitted Use (Gasoline Sales) Conditional Use Outdoor Amusement Recreation Services Conditional Use Conditional Use Outdoor Dining (10 or Less) Accessory Use Accessory Use Outdoor Dining (11 or More) Accessory Use Conditional Use Outdoor Display /Storage or Sales Accessory Use Conditional Use Personal Services Permitted Use Professional Seance Offices N/A Permitted Use Public Parking Lots and Transit Stations Pernutted Use Permitted Use Pubhc Parks Permitted Use Permitted Use Retail Sales Permitted Use Permitted Use Satellite Dishes Solar Collectors Accessory Use Accessory Cse Self Service Storage Permitted Use Conditional Use Theaters Permitted Use Permitted Use Transient Merchant Sales Lots N/A Interim Use Transnission Facilities Greater Than One -Forth (1/4) Mile in Length Conditional Use Conditional Use Veterinay Services, Not Including Outdoor Runs or Kennels Permitted Use Permitted Use C -4, Highway Commercial Use Changes Summary Use Cate ory Existing Proposed Accessory Apartments Accessory Use Deleted Agncultural Machinery Equipment Sales Permitted Use Deleted Automotive Repair, Service Stations, and Car Washes Permitted Use Deleted Business Services Office Permitted Use Allowed as Professional Seances and Offices Child Adult Dav Care Permitted Use Permitted Use Communication Businesses Permitted Use Permitted Use Convenience Stores Pemutted Use Allowed as Permitted Retail Use Custom Manufacturing, With Accessory Retail Sales Display Conditional Use Deleted Drive- Through Facilities N/A Conditional Use Eating Drinking Establishments Without Drive Through Facilities Permitted Use Permitted Use Educational Services Permitted Use Moved to Conditional Use Essential Services Permitted Use Permitted Use Financial Services Permitted Use Permitted Use Gasoline Sales Accessory Use Deleted General Repair Services Pemutted Use Pemutted Use Hotels Motels Pemutted Use Permitted Use Indoor Amusement Recreation Pen Use Permitted Use Landscape Horticultural Permitted Use Deleted Lumber Yards Construction Matenals Permitted Use Deleted Multiple Parcels, Tenants, Buildings Conditional Use Deleted Outdoor Dining (10 or Less) Accessory Use Accessory Use Outdoor Dining (11 or More) Accessory Use Conditional Use Outdoor Display /Storage or Sales Accessory Use Accessory Use Membership Organizations Permitted Use Pemutted Use Personal Services Permitted Permitted Use Professional Service Offices Pemutted Permitted Use Public or Governmental Services Permitted Use Permitted Use Public Parking Lots and Transit Stations Pernutted Use Permitted Use Public Parks Permitted Use Permitted Use Retail Sales Permitted Use Permitted Use Satelhte Dishes Solar Collectors Accessory Use Accessory Use Theaters Permitted Use Permitted Use Transmission Facilities Greater Than One -Forth (1/4) Mile in Length Conditional Use Conditional Use Veterinary Services, Not Including Outdoor Runs or Kennels Permitted Use Permitted Use CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE B- 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 development 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: five (35) feet from any property line. canopy shall be consistent the principal building in design and character. c. Service stations with accessory car washes shall be planned so as not to permit water d. Vehicles waiting to be repaired shall be stored in appropriately designed and screened areas: o. Li shall be recessed or shielded so as to haN c no direct source of light visible f. Vehicular access points shall cr to minimum conflict with through traffic movement and shall be subject to the approval of the City. k art, computer sen ices, mailing, photocopying, photography, and public relations or similar businesses. 1 1. Child and Adult Day Care. 2. Communications Businesses. Z C— S 3. Eating and Drinking Establishments Without Drive Through Facilities. 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. 1 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 other general commercial retail establishments. All retail sales shall be conducted in a closed building except through an approved conditional use permit. 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. Accissary p� -�j,. r- tme~nis 2. Gasoline Sales, accessory to Convenience Stores. 1. Off Street Parking for a Permitted, Conditional, or Interim use 2. Outdoor Display /Sales and Storage restrictions the conditions in 16.1.D.4: 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. e. Disassembled merchandise parts may be displayed outdoors only when new products are customarily sold unassembled and arc intended for customer purchasc and may, the premises shall be sold and /or promoted. 3 c. Outdoor display ar as arc limited to twenty (20) percent of the gross floor arga of the principal use and must be fenced or screened from view of abutting residential districts. the activity docs not interfere with parking vehicular or pedestrian circulation. g. Truck Trailer Parking. Except while loading, unloading, or rendering a service in a 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 be used for outdoor 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 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 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 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 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 Without Alcohol 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. g. 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 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 retaining wall not less than fifty ninety percent (50 (90 opaque, nor less than throo (3) feet in height shall be erected to provide sufficient screening of the commercial lam. 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 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 (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 G. 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. Buildings+ a. The exterior wall surfaces of all buil ings within the C 1 General Commercial percent (50 of the wall surface may bc 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 earth tone brick shall bc 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. Comer 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- 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 byparked 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 anv 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. Externally 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 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. a. Screening. Landscaping and berming shall be a primary source for screening parking areas. Should landscaping and berming 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 theprincipal 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 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 in these areas shall be in addition to the minimum number of trees and foundation plantings required by this Ordinance. All landscaped areas shall be irrigated. Portions of the site may 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 day of 2005. Linda Jentink, City Clerk Published this day of 2005 in the Rosemount Town Pages. 10 William Droste, Mayor 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. 1. AN ORDINANCE AMENDING THE ZONING REGULATIONS PERTAINING TO THE C -3 HIGHWAY COMMERCIAL DISTRICT five (35) feet from any property line. from the car wash to run into the parking areas, a public street or accesses thereto. d. Vehicles waiting to be repaired shall be stored in appropriately designed and screened areas: from adjacent land, or the public right of way. and shall be subject t the appr val of the City. 1. Child and Adult Day Care. 2. Communications Businesses. 3. C......, St CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE B- 1 3. Eating and Drinking Establishments Without Drive Through Facilities. Drive up's, drive thru facilities and truck stops are not allowed on properties fronting or adjacent to Highway 3, north of County Road 12, or located adjacent t the C 2 Downtown Commercial Busine c 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, jewelry, and sporting goods stores or other highway commercial retail establishments the like. All retail sales shall be conducted indoor:, in a closed building. 14. Self Serviee 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; 2 permitted, provided the amount is not more than twenty five percent (25 of the area occupied by buildings. 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. directly face a public street or adjoining property. d. Green space, planting clusters and berming shall be strategically designed and located around opcnings bctwccn storage facility structures. minimum of Overstory Tree plantings so as to satisfy the requirements ofd. above, and provided the minimum interval spacing requirement at the boulevard is satisfied and met All landscaped ar as shall be required to include the proper installation of an underground irrigation system. f. An access ry caretaker residence may be permitted with a st rage facility, pr vidcd it is only u.,ed for resident security and management purposes and the exterior building materials hall match those of the principal and accessory storage facility structures. are located at or L„ low the top of the ovcrh d door, and including the storage space doors and columns bctwccn such spaces, may be of metal, which shall consist of a decorative factory, applied finish. Y.- between the hours of 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 A A t 2. Casoline Sales, accessory to Convenience Stores. 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 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 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 d. Outdoor storage of parts. materials, and equipment is prohibited. 4 subject to: 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. 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 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. 2. Automotive Sales. Such uses shall be subject to the following: required by this ordinance. 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 primary source for screening the stacking and exiting areas. Should landscaping and berming 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 (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. accessory building, or completely screened from adjacent properties. c. Parking setback standards shall be physically maintained to prevent vehicle overhang through concrete curbing, and landscaping, a fence, or some other apprm cd m ans. light visible from adjacent land or public ri of way. g. Loud sp akers and paging systems shall not be audible beyond one hundred (100) feet of the property line. 5 2. Commercial Car Washes (Drive Through, Mechanical and Self- Service2 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 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 (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 theQrimary source for screening the drive throuth facilit and stackin• and exitim areas from adacent .roiedies and /or nahts- of -way. Landscaping and berming shall be a secondary source for screening drive through, stacking or existing areas. Should landscaping and berming be found 6 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 (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(sl 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 only 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 6.13.1).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. 7 a. The site and building(s) shall be designed to limit the effects of the sales or rental use on adjacentproperties. 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. g. Junk vehicles are prohibited. 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. 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 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 (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 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 prohibited. m. Tents rooftop parking, ramps or similar vertical devices for elevated displays are prohibited. 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 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 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 (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 adiacent 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, 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, subiect 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 the principal 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) feet in height or extend beyond the concrete base of the pump island. This area 10 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 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 display /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.10. 3. Within an enclosure constructed of materials compatible to the building's architecture such as decorative fencing or a building wall. provided that 11 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 or pedestrian 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 and shall be separated from residential use or district by the principal structure or as measured at the property line 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. 12 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. 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. J. 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 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 pattems. 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 egress 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. rcquircd buffer strip on the side and rear yards not less than thirty (30) feet in width shall be rcquircd. This strip shall contain no structures, shall not be used for parking, off street loading or storage, and shall be landscaped. Landscaping -hall include sod or seeded grass, and planting of trees and shrubbery. A screen wall, fence, rthcn berm or retaining wall not be erected to provide sufficient screening of the commercial parking. A buffer vard 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 anv 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 16 G. 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 (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. Buildings* District shall be constructed of at least fifty percent (50 brick. The remaining fifty better. Pr hibited materials for exterior wall finishes are rock face block, masonry concrete, metal and wood, and tip up concrete panels. Non arth tone brick shall be 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 -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 andparking 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 aleng 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 shall be directed toward the ground. Externally 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 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 (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_ilantings. Rock or mulch may 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 this Ordinance. 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 period 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 day of 2005. 19 William Droste, Mayor Excerpt from the Regular Planning Commission Meeting of July 26, 2005 Public Hearing: 5A. Case 05 -25 -TA C3 and C4 Zoning Text Amendments. Assistant Planner Lindahl reviewed the staff report. Mr. Lindahl indicated the amendments reflect the discussions of the June 28, 2005 and July 12, 2005 Work Sessions as well as the City Attorney's comments. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson A brief discussion was held regarding the building materials and architectural changes added to the C -3 and C -4 Distracts. Commissioner Messner opened the Public Hearing. There was no public comment. MOTION by Messner to close the Pubhc Hearing. Second by Zum Ayes: All. Nayes: None. Motion approved. There was no follow -up discussion. MOTION by Zum to recommend that the City Council approve the amended C -3, Highway Commercial District and C -4, General Commercial Distract performance standards Second by Powell. Ayes: All. Nayes: None Motion approved. Mt. Lindahl indicated this item will be on the August 16 City Council agenda. Excerpt of Minutes from the Planning Commission Work Session of July 12, 2005 Discussion: 1A. Case 05 -25 -TA C3 and C4 Zoning Text Amendments. Assistant City Planner Lindahl reviewed the staff report and summarized the changes proposed by the Planning Commission to Section 6 of the Zoning Ordinance related to uses and performance standards for the C -3 Highway Service Commercial and C -4, General Commercial Zoning Districts. The Planning Commission primarily reviewed the changes in the C -3 District Mr. Lindahl explained difference between adjacent and contiguous property according to the City Attorney. Mr Lindahl reviewed the changes to the outdoor display standards. He informed the Commission that minor outdoor display will be added to the C4 District The Planning Commission also discussed the Minimum Lot Requirements in the C 3 District and considered making the muumum lot size in the C -4 District 1 acre. Discussion continued regarding the Additional Design Standards in the C -3 District Chairperson Messner wanted staff to clanfy the difference between of natural stone and brick and stated he is looking for good architectural finishes. Excerpt of Minutes from the Planning Commission Work Session of June 28, 2005 Discussion: 1A. Case 05 -25 -TA C3 and C4 Zoning Text Amendments. Assistant City Planner Lmdahl reviewed the staff report and highlighted the changes proposed by staff to Section 6 of the Zoning Ordinance related to uses and performance standards for the C -3 Highway Sernce Commercial and C -4, General Commercial Zoning Districts. There was discussion regarding Automotive Repair and the amount of damaged or unlicensed vehicles awaiting repair and cars that never leave. Mr. Lindahl noted they are setting forth more rigorous standards compared to what the current standards are and that Section 4.9 eliminates the storage of junk vehicles. The language suggested still allows reputable automobile services. Mr. Lmdahl noted he would check with the City Attorney regarding the distinction of damaged, junk or unlicensed vehicles vs. inoperable vehicles waiting repair of repaired vehicles awaiting pick up. Chairperson Messner questioned the drive- through facilities for restaurants, banks and other similar uses as to what constitutes a street in between and adjacent to residential. Chairperson Messner felt a road as wide as County Road 42 would be a sufficient buffer. Mr. Lindahl reviewed the proposed standards for Outdoor Display. Mr. Lmdahl was asked to expand on the display area and the opacity screening. The main concern was gas station islands and hardware stores. Ms Lindquist noted that most cities do not allow any exterior storage. Commissioner Powell said he was not opposed to outside storage. Commissioner Humphrey stated she would not mind music being played while people are pumping gas as long as neighbors could not hear it. The Planning Commission also discussed the Design Standards in the C -3 District in relation to the downtown standards and building materials. Chairperson Messner noted that offices were not allowed m the C -3 District and though that might create potential problems and asked that they be allowed in the C -3 District Discussion was held regarding the office uses, dnve -thru restaurants and outdoor seating of restaurants including their limas, buffer zones, and other requirements in the C -4 Distract. Community Development Director Lindquist indicated this would be back before the Planning Commission as a work session item on July 12th