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HomeMy WebLinkAbout2.c. Commercial Zoning Text Amendments C-3 Highway Commercial, C-4 Gen. Com. Case 05-25-TAAGENDA ITEM: Case 05 -25 -TA C -3, Highway Commercial and C -4, General Commercial Zoning Text Amendment AGENDA SECTION: DISCUSSION PREPARED BY: Jason Lindahl, A.I.C.P. Assistant City Planner AG V 2 ATTACHMENTS: Use Change Summary Tables for the C- 3 and C -4 Districts, Draft copies of the 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: RECOMMENDED ACTION: Review and direct staff with any changes prior to formal action by the Council on September 20, 2005 4 ROSEMOUNT CITY COUNCIL City Council Work Session: September 14, 2005 EXECUTIVE SUMMARY SUMMARY During the last City Council work session on August 9, 2005, staff outlined the proposed changes to the C -3, Highway Commercial and C4, General Commercial Distract uses and development performance standards. The "use" changes include the following three items. (1) modernizing the permitted, accessory and conditional use sections, (2) creating specific performance standards for conditional uses, and (3) adding an mterun 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- industrial uses or districts, (2) updating the building matenals and appearance standards (3) create parking lot screening and landscaping standards, and (4) adding landscaping and irrigation standards. During this discussion, the Council raised several questions and directed staff to bring these items back to the next work session on September 14, 2005 for furthet review and discussion. Staff has tevised the proposed text amendments (attached) as directed by the Council and will present this changes during the meeting. A summary of these changes is provided below. 1. Restore "Education Services" as a permitted use m the C -4 District but limit this use to professional /for -profit entities. Council member Sterner directed staff to Restore "Education Services" as a permitted use in the C -4 District. Staff's primary reason for elmimnating Education Service from the C -4 Districts relates to concerns for large school campus uses taking over valuable commercial land. After discussions with the City Attorney, the "Educational Services, excluding elementary and secondary schools" use was relocated from the permitted to the conditional use section in the C -4 District. Both staff and the Attorney feel reassigning this use addresses the Council's concerns of preserving this type of use while creating higher standards to protect the economic viability of the surrounding commercial uses. Given the varying types and intensity of this type of use, staff will apply the general conditional use standards outlined in Section 12.7. 2. Reevaluate the definitions of "Contiguous" and "Adjacent" as it relates to neighboring properties. City Administrator Verbrugge raised a concern with the use of the words "contiguous" and "adjacent" in the context of neighboring properties. After discussion with the City Attorney, all references to "contiguous" and "adjacent" have been changed to "abutting." According to the Merriam- Webster Dictionary, the word "abut" means "to touch along a border...." This defuution should insure a clear understanding that certain commercial uses as outlined in the proposed text amendments may not be located on a property that abuts a non commercial or non- industrial use or district. However, it should be noted that under this definition, if a property does not touch (i e is across a street or pubhc right -of -way) it is not abutting. 3. More clearly define the screening hierarchy of: (1) buildings, (2) landscaping and berming, (2) walls, and (4) fences. As written, the proposed text creates a screening hierarchy of (1) buildings (2) berming and landscaping. Should landscaping and berming be impractical, the proposed text gives the City the discretion to permit screening walls and /or decorative fencing as a replacement. Nothing in this language should be interpreted to mean that City shall permit screening walls and /or decorative fencing. However, staff feels it is important for the City to retain the ability to allow screening walls and /or decorative fencing in situations where using the building or landscaping prove unworkable. 4. Create a detailed definition of "Decorative Fence." After researching the term decorative fencing, staff offers the following definition. `Decorative Fence A fence made of high qualz), long lasting and ornamental materials zncludzng finished aluminum, wrought iron, brzck and the like but not zncludzng wood, unfinished metal, chain link, wire or barbed wire." Should the Council approve this definition; staff will bring it back to the Planning Commission and City Council for formal action. 5. Generate scaled or proportional setbacks (buffers yards) for commercial properties adjacent to residential uses. After reviewing the setback and building height performance standards, staff found that Section 7.2.C.2 currently allows for an increased side or rear yard setback for commercial, industrial, or pubhc buildings adjacent to residential and over thirty -five (35) feet m height. This provision requires a one foot increase in the required setback for each foot of height over the maximum allowed thirty -five (35) feet. Applying a similar formula to the buffer yard standard (i.e. two (2) times the height of the building but not less than ten (10) feet) would actually reduce the required buffer yard given that the average height of a single story commercial building in Rosemount is approximately 13 feet. Therefore, staff recommends a two -tiered buffer yard standard of thirty (30) feet or two (2) times the height of the building, whichever is greater. It is important to note that the amended architectural standards require the use of varying architectural elements to reduce the mass and appearance of large buildings 6. Research quality issues related to EIFS (Exterior Insulation and Finish Systems). Staff consulted the City's Building Official, the City Attorney, and several industrial web sites regarding the quality of EIFS (Exterior Insulation and Fimsh Systems). The consistent answer was that EIFS had some moisture and durability issues in the past but those issues were the result of improper installation and have been addressed by improvements to installation procedures and updates in the Building Code. Should the Council still have concerns regarding this material staff recommends prohibiting the use of EFIS in the C -3 and C -4 Distracts. However, the Council 2 should be aware that the vast majority of commercial buildings use some EIFS, if only for accenting or the sign band area. 7. Form standards for pedestrian walkways prohibiting "stamped asphalt" and encouraging the use of "high quahty materials" In response to Council direction, staff offers the following performance standard related to pedestrian walkways for commercial developments. Clear and well- lighted walkways shall extend throughout the site and parking area connecting building entrances to adjacent pubhc sidewalks and any parking facilities located on the site. Said walliway(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. 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 public hearing on July 26, 2005. Minutes from these meetings are attached for your reference. A detailed account of the "use" and performance standards changes are provided below. Staff will review these changes, answer any questions and take directions from the Council in preparation for formal review during the September 20, 2005 Council meeting. USE CHANGES When updating the commercial districts, the Planning Commission's primary goal was to rearrange the uses to focus the auto oriented and outdoor display uses in the C -3 District while creating detailed performance standards for conditional uses During this process staff also recognized the need for an interim use section to allow for uses that may be allowable on a temporary basis and have a specific end date. The tables on the following pages summarize the changes made to the "uses" sections of the C -3, Highway Commercial and C -4, General Commercial Districts. These tables detail the permitted, accessory, conditional and interim uses contained in the original and proposed text. DEVELOPMENT STANDARDS CHANGES The Planning Commission's secondary goal was to estabhsh consistent and high quality development standards. Parts of the updated performance standards can be seen in PUD developments throughout the community. However, both the Commission and staff recognize the impact high- quahty development standards have on both individual buildings and the community as a whole. The changes to the development standards focus on four areas: (1) increasing the buffering standards for commercial uses abutting non commercial or non industrial uses or districts, (2) updating the building materials and appearance standards (3) create parking lot screening and landscaping standards, and (4) adding landscaping and irrigation standards. A comparison of the new and existing standards is provided below. Architectural Appearance and Materials: This item creates standards for the buildmg's appearance. It requires buildings to have "360 Degree" architecture (or an equally attractive appearance on all sides) and to use architectural features to prevent large uninterrupted building walls or elevations. It also requires building to 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. By Comparison, the C -3 District has a one hundred (100) percent brick requirement while the C -4 3 District has a fifty (50) percent brick and fifty (50) percent rock face block standard. Neither the C -3 nor the C -4 District has a "360 Degree" or architectural features standards. 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, this item requires all parking areas to 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 the landscape ordinance. Neither the C -3 nor the C -4 Distract has packing lot screening and landscaping standards. Landscaping and berming shall be a primary source for screening parking areas. Should landscaping and bermmg be unpractical, 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 m architecture to reduce its mass and appearance. The screening source (landscaping and berming or walls and /or decorative fencing) shall provide a minimum fifty 50 percent opacity screen to a height of at least four (4) feet. 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. 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). 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. 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) feet in height. The remaining area shall be landscaped with shrubs or ground cover not to exceed two feet m height. Landscaping: All areas of land other than those occupied by building or hardcover shall be landscaped with a combination of sod and plantings and all landscaped areas shall be irrigated. Portions of the site may be exempt from these requirements where future development or expansion is planned. While these standards are part of the City's BP Business Park District they are not part of the commercial standards. However, in many cases the impervious surface coverage standards address these issues but do not ensure landscaping and irrigation. 4 C -3, Highway Commercial Use Changes Summary Use Category 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 Sales and Rental Condmonal Use Child Adult Day Care N/A Added as Permitted Use Commercial Car Wash N/A Added as Conditional Use Communication Businesses Permitted Use Permitted Use Convenience Stores Permitted Use Allowed as Permitted Retail Use Custom Manufacturing, With Accessory Retail Sales Display Conditional Use Deleted Drive Through Facilities N/A Conditional Use Eating Drinkmg Establishments Without Dnve Though Facilities Permitted Use Permitted Use Essential Services Permitted Use Permitted Use Financial Services N/A Permitted Use Gasoline Sales Permitted Use Moved to Non- Service Station Retail Facilittes Having Gasoline Pumps Conditional Use General Repair Services Pemutted Use Permitted Use Hotels Motels Permitted Use Permitted Use Indoor Amusement Recreation Permitted Use Pemitted Use Landscape Horticultural Permitted Use Conditional Use Lumber Yards Construction Materials Permitted Use Conditional Use Motor Vehicle, Trailer, Boat, or Agncultural Machinery Sales or Rental N/A Conditional Use Multiple Parcels, Tenants, Buildings Conditional Use Deleted Non Service Station Retail Facilities Having Gasoline Pumps Pemutted 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 N/A Permitted Use Professional Service Offices N/A Permitted Use Public Parking Lots and Transit Stations Permitted Use Permitted Use Public Parks Permitted Use Permitted Use Retail Sales Permitted Use Permitted Use Satellite Dishes Solar Collectors Accessory Use Accessory Use Self Service Storage Permitted Use Conditional Use Theaters Permitted Use Permitted Use Transient Merchant Sales Lots N/A Interim 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 C -4, Highway Commercial Use Changes Summary Use Cate ory Existing Proposed Accessory Apartments Accessory Use Deleted Agricultural Machinery Equipment Sales Permitted Use Deleted Automotive Repair, Service Stations, and Car Washes Permitted Use Deleted Business Services Office Permitted Use Allowed as Professional Services and Offices Child Adult Day Care Permitted Use Permitted Use Communication Businesses Permitted Use Permitted Use Convenience Stores Permitted 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 Educauonal Services Permitted Use Moved to Conditional Use Essential Services Permitted Use Permitted Use Financial Services Pernitted Use Permitted Use Gasoline Sales Accessory Use Deleted General Repair Services Perntted Use Permitted Use Hotels Motels Pemntted Use Permitted Use Indoor Amusement Recreation Permitted Use Permitted Use Landscape Horticultural Permitted Use Deleted Lumber Yards Construction Materials 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 Condmonal Use Outdoor Display /Storage or Sales Accessory Use Accessory Use Membership Organizations Permitted Use Permitted Use Personal Services Pen-rutted Permitted Use Professional Service Offices Permitted Pemutted Use Pubhc or Governmental Services Permitted Use Permitted Use Public Parking Lots and Transit Stations Permitted Use Permitted Use Pubhc Parks Permitted Use Permitted Use Retail Sales Permitted Use Permitted Use Satellite Dishes Solar Collectors Accessory Use Accessory Use Theaters Permitted Use Permitted Use Transmission Facilities Greater Than One -Forth (1 /4) Mile m Length Conditional Use Conditional Use Vetennary Services, Not Includmg Outdoor Runs or Kennels Permitted Use Permitted Use 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 Lmdahl reviewed the staff report. Mr Lmdahl 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 beef discussion was held regarding the building materials and architectural changes added to the C -3 and C -4 Districts. Commissioner Messner opened the Public Hearing. There was no public comment. MOTION by Messner to close the Public 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 Distnct and C -4, General Commercial District performance standards Second by Powell. Ayes. All. Nayes: None. Motion approved. Mr. Lmdahl 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 m 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 Distnct The Planning Commission also discussed the Minimum Lot Requirements in the C -3 District and considered making the minimum 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 clanfv 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 Lindahl 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 Service Commercial and C -4, General Commercial Zoning Districts. There was discussion regarding Automotive Repair and the amount of damaged or unhcensed 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. Lindahl noted he would check with the City Attorney regarding the distinction of damaged, junk or unlicensed vehicles vs. inoperable vehicles waiting repair or repaired vehicles awaiting pick up. Chairperson Messner questioned the drive- through facihues for restaurants, banks and other similar uses as to what constitutes a street m 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 in the C -3 District and though that might create potential problems and asked that they be allowed in the C -3 Distract. Discussion was held regarding the office uses, drive -thru restaurants and outdoor seating of restaurants including their limits, buffer zones, and other requirements in the C -4 District. Community Development Director Lindquist indicated this would be back before the Planning Commission as a work session item on July 12a'. t CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE B- 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. 2. fivc (35) feet from any property line. b. A protective canopy accessory structure located over pump islands may be Located on from the car wash to run into the parking ar as, a public street or accesses thereto. d. Vehicles waiting to be repaired shall be stored in appropriately desi and .,crcencd areas from adjacent land, or the public right of way. f. Vehicular accer, points shall cr atc minimum conflict with through traffic movement and shall be subject to the appr vat of the City. g. Parking of vehicles on public right of way shall be prohibited. 1. Child and Adult Day Care. 2. Communications Businesses. 3. Convenience Stores. 4. Eating and Drinking Establishments Without Drive Through Facilities. Drive up's, drive thru facilities and truck stops are n t allowed on properties fronting or adjacent to Highway 3, n rth of County Road 12, or locat.d adjacent t the C 2 D wnt wn Commercial Business Distnct. 5. Essential Service Facilities. 6. Financial Institutions Without Drive Thru Facilities. 7. 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 sere ice shall be conducted in a closed building. 8. Hotels and Motels. 9. Indoor Amusement and Recreation Services, including video arcades subject to the following restrictions: 10. 11. 15. 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. 10. Personal Services, including barber beauty shops, fitness centers, funeral services mortuaries, facilities. laundry services, shoe repair and photography, video rental. 11. Public Parking Lots and Transit Stations. 12. Public Parks, owned and operated by a government unit, including recreational facilities and structures consistent with the public area. 13. Professional Services and Offices, including architects and attorney offices, dental and medical clinics, financial services, insurance providers, and -real estate businesses and the like. 14. 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 cstablizhment:, the like. All retail sales shall be conducted indeers in a closed building. 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 pr vided, h wcver, open st raze f r licensed, perablc rcer ation 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 combinati n of buildings and decorative fencing. Chain link, barbed wire or wood privacy fencing shall not be permitted as decorative material, except as may otherwise bc approved by the City Council. For the purposes of calculating foundati n planting requirements, the decorative fencing of the perimeter shall bc used in lieu of the building perimeter calculation. c. All storage space openings shall bc oriented internally to thc facility and shall not d. Green space, planting clusters and bcrming shall be strategically designed and 1 sated around openings between storage facility structures. c. The self service storage facility shall 1,, rcquircd to provide 1.25 times the required minimum of Overstory Trcc 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 ar as 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 project shall consist of brick, decorative block. stone, archit„ctural c ncrctc cast in place or precast concrete panels. The "interi r" wall surfaces where st rage spaces doors and columns between such spaces, may be of metal, which shall consist of a decoratis c f -tory, applied finish. h. The hours of operation for the self service storage facility shall be restricted to between thc hours of 6:99 a.m. and 11.00 p.m. 15. Theaters. 16. Veterinary Services, not including outdoor runs or kennels. C. Accessory Uses: The following uses shall be permitted accessory uses. 2. Gasoline 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 dinning areas on adjacent properties. b. The outdoor seating or dinning 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 site that abuts any residential use or district c. The outdoor seating or dinning 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 dinning 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 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.10. 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 awaitingpick up. These areas shall meet the design standards outlined in Section 8.1 (Off -Street Parking) and be screened as follows: a. The site shall be designed to limit the effects of this outdoor seating or dinning areas on adjacent properties. b. The outdoor seating or dinning 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 site that abuts any residential use or district c. The outdoor seating or dinning 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 dinning 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 subiect 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 subject to the performance standards outlined in Section 6.13.D.10. 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 awaitina pick up. These areas shall meet the design standards outlined in Section 8.1 (Off Street Parking) and be screened as follows: 4 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. This area shall be screened from adjacent rights -of -way by a combination of bermine, landscaping, walls, decorative fencing and the like creating a ninety (90) opacity screen to a height of six (6) feet. Screening walls shall be constructed of the same materials as the principal building and shall not extend further than twenty five (25) feet without a change in architecture to reduce their mass and appearance 3. Junk or unlicensed vehicles awaiting repair 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. Allpaint 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. required by this ordinance. acce°T,ory building, or completely screened from adjacent properties. d. Sales lots must be paved with curb and gutter. feet of the property line. 3. Custom Manufacturing, with accessory retail sales and display. 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 pnncipal building shall be the primary source for screening the stacking and existing areas from adjacent properties and/or rights -of -way. Landscaping and berming shall be a secondary source for screening the stacking and existing areas. Should landscaping and berming be impractical. 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 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 stone 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 nghts -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 existing areas from adjacent properties and/or rights -of -way. Landscaping and berming shall be a secondary source for screening drive through stacking or existing areas. Should landscaping and berming be impractical, 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 6 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 adiacent properties and public rights- of -way. e. Stacking lanes shall not interfere with circulation through any required parking,, loading, maneuvering or pedestnan 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 two (2) menu signs are allowed. 2. Individual menu signs shall be single sided with an area not to exceed twelve (12) square feet. 3. The height of the menu sign(s) shall not exceed six feet (6') including its base or pole measured from grade to the top of the structure. 4. The menu sign(s) shall not encroach into any principal building 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 site visibility or obstruct circulation. 4. Landscape and Horticultural Services. a. Landscape and Horticultural services are subject to the performance standards outlined in Section 6.13.D.12 for Outdoor Displav /Storage or Sales. 5. Lumber Farts and Construction Materials Yards. a. Lumber and construction material yards are subject to the performance standards outlined in Section 6.13.D.12 for Outdoor Display /Storage or Sales. 6. Motor 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. 7 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 B -3 District and meet the off street parking and loading performance standards outlined in Section 8 of Ordinance B. f. Junk or unlicensed vehicles shall be stored completely inside a closed building in accordance with the performance standards outlined in Section 4 9. g. 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 isprohibited. 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 impractical, 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 prohibited. m. Tents. rooftop parking. ramps or vertical devices for elevated displays are prohibited. n. Signs shall conform to the performance standards outlined in Ordinance B as well as the standards listed below: o. Pennants, balloons, streamers pinwheels or other attention attracting devices are prohibited. p. No freestanding light poles shall be uses as temporary sign supports, as flagpoles or to connect flags, streamers, or pennants. 8 q. No graphics shall be painted on the building or windows. r. Open hoods of vehicles. windshields. car windows, trunks, roofs or the like shall not be used for individual letters or other signage s. 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, Buildin provided uses arc permitted, acccscory 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 site 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 impractical, 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 (61 inches above the traveled surface of the site and shall be setback at least thirty eight (38) feet from any property line. Additionally, the distance between pump islands shall be a least twenty -four (24) feet, measured curb face to curb face. 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: h. The edge of the canopy shall maintain setbacks as required for the principal building. 9 i. 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. J• 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. k. The canopy fascia shall not exceed three (3) feet in vertical height. 1. 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. m. 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. n. No public address system shall be audible from a non commercial or non- industrial use or district. o. The sale, storage, or display of vehicles is prohibited. p• q. No outside storage. display or services shall be allowed except as follows: 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. r. 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. s. 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 shall be maintained in an orderly and safe fashion and in accordance with applicable State Fire Code regulations. t. 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 u. A car wash facility shall require an additional conditional use permit subject to the performance standards outlined in Section 6.13 D 4. 10 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 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 displav /storage or sales may be allowed in the following Locations: e. Outdoor displav /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 displav /storage or sales shall not block the handicap accessible route. f. At the pump island of an automobile convenience facility, as specified in Section 6.13.D.10. 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. g. 11 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 outdoor display areas shall be included in calculation of required off -street parking for the use. h. No public address system shall be audible from a non commercial or non- industrial use or district. i. Outdoor sales shall only be conducted by the owner or lessee of the premises. j. 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 enclosure(s) shall be designed to limit the effects of outdoor seating or dinning areas on contiguous properties and/or public rights -of -way. 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 a site abuttina 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 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. 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 12 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. 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. g. J. 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. 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. 13 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 Owner's Association shall be required to assume the responsibilities of overall site management. The Owner's 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 Owner's Association is formed to maintain open space and common areas. This Owner's 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: 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 av ailable for inspection if requested. 14 b. No portion of the sales lot or any advertising for the event shall take place within any public right -or -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. Anv 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. d. 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. 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. g. 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 sixty (60) days. F. Minimum Lot Requirements and Setbacks: 1. Minimum Lot Area: 1 acre 2 Minimum Lot Width. 120 feet 3. Maximum Lot Coverage. 75% 4. Minimum District Size: 2 acres 5. Minimum Front Yard Setback: 15 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: Where a C 3 Highway Commercial District abuts a residential district, a required. This r.trip shall contain no structures, shall not be used for parking, off street loading or storage, and shall be land.,caped. Land.,caping shall include sod or seeded grass, and planting of trees and shrubbery. A „creen wall, fcnco, arthcn berm or retaining wall not be erected to provide sufficient screening f 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. 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 impractical, the City may approve screening walls and/or decorative fencing as an altemative. 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 16 G. Additional Design Standards i B z—�,. s Q =a h. The exterior wall surfaces of all buildings within the C 3 District shall be constructed of one hundred percent (100 brick or an equivalent. Non Barth tone brick shall be limited to architectural accents. 1. Architectural Appearance and Materials: To prevent urban blight and ensure quality long lasting construction compatible with both adjacent properties and those throughout the district, all buildings in the C -3 District shall comply with the following standards, as well as applicable sections of Ordinance B. a. 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. b. Building Massing: Large uninterrupted building walls or elevations are prohibited. Corner architectural elements are encouraged to define the edges of the building. A building more than one hundred (100) feet in width shall be divided into increments of no more than fifty (50) feet through the articulation of the facade. This can be achieved through combinations of the following techniques: 1. Divisions or breaks in the materials 2. Window bays 3. Separate entrances and entry treatments 4. Variations in roof lines 5. Building setbacks 6. Equivalent techniques approved by the City c. 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. 2. Pedestrian Circulation: a. Clear and well lighted walkways shall extend throughout the site and parking area connecting building entrances to adjacent public sidewalks and any parking facilities located on the site Said 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. 17 b. Appropriate provisions shall be made to protect pedestrian areas from encroachments by parked or moving vehicles At a minimum, a sidewalk at least five (5) feet wide shall extend along the portion of the any building that abuts a required parking, loading 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 sidewallcs, five (5) feet in width, shall be provided on all commercial property along any collector or arterial street. 3. Lighting: a. Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. b. 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. 4. 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 bermmg be impractical, the City may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the pnncipal building and shall not extend more than twenty five (25) feet without a change in architecture to reduce its 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. 18 Al 1 tST: b. Landscaping: A minimum often (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. 5. 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. William Droste, Mayor Linda Jentink, City Clerk Published this day of 2005 in the Rosemount Town Pages. 19 CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE 13- 6.13 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: AN ORDINANCE AMENDING THE ZONING REGULATIONS PERTAINING TO THE 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. Child and Adult Day Care. 2. Communications Businesses. 3. Eating and Drinking Establishments Without Drive Through Facilities. 4. Essential Service Facilities. 5. Financial Institutions Without Drive Thru 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: 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. 10. Personal Services, including barber beauty shops, fitness centers, funeral services mortuaries, facilities, laundry services, shoe repair and photography, video rental. 1 11. Public Parking Lots and Transit Stations. 12. Public Parks, owned and operated by a government unit, including recreational facilities and structures consistent with the public area. 13. Professional Services and Offices, including architects and attorney offices, dental and medical clinics, financial services, insurance providers, real estate businesses and the like. 14. Retail Sales, including automobile parts, books and stationery, clothing, drug, gifts and novelties, groceries, furniture and hardware, hobby, jewelry, and sporting goods stores or the like. All retail sales shall be conducted indoors in a closed building. 15. Theaters. 16. 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 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 dinning areas on adjacent properties. b. The outdoor seating or dinning 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 site that abuts any residential use or district c. The outdoor seating or dinning 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 dinning 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 subject to: 2 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 subject to the performance standards outlined in Section 6.13.D.10. 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: 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). g. 2. Inoperable vehicles awaiting repair or repaired vehicles awaiting pick up shall be stored behind the principal building. This area shall be screened from adjacent rights -of -way by a combination of berming, landscaping, walls, decorative fencing and the like creating a ninety (90) opacity screen to a height of six (6) feet. Screening walls shall be constructed of the same materials as the principal building and shall not extend further than twenty five (25) feet without a change in architecture to reduce their mass and appearance. 3 Junk or unlicensed vehicles awaiting repair 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. 2. Commercial car washes (drive through, mechanical and self service) provided that: 3 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 existing areas from adjacent properties and/or rights -of -way. Landscaping and berming shall be a secondary source for screening the stacking and existing areas. Should landscaping and berming be impractical, 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 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 existing areas from adjacent properties and/or rights -of -way. Landscaping and berming shall be a secondary source for screening drive- through, stacking or existing areas. Should landscaping and berming be impractical, 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 4 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 two (2) menu signs are allowed. 2. Individual menu signs shall be single sided with an area not to exceed twelve (12) square feet. 3. The height of the menu sign(s) shall not exceed six feet (6') including its base or pole measured from grade to the top of the structure. 4. The menu sign(s) shall not encroach into any principal building 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 site visibility or obstruct circulation. 4. Landscape and Horticultural Services. a. Landscape and Horticultural services are subject to the performance standards outlined in Section 6.13.D.12 for Outdoor Display /Storage or Sales. 5. Lumber and Construction Materials Yards. a. Lumber and construction material yards are subject to the performance standards outlined in Section 6.13.D.12 for Outdoor Display /Storage or Sales. 6. Motor 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 5 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 B -3 District and meet the off street parking and loading performance standards outlined in Section 8 of Ordinance B. f. Junk or unlicensed vehicles shall be stored completely inside a closed building in accordance with the performance standards outlined in Section 4.9. g. 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 impractical, 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 prohibited. m. Tents, rooftop parking, ramps or vertical devices for elevated displays are prohibited. n. Signs shall conform to the performance standards outlined in Ordinance B as well as the standards listed below: 5. Pennants, balloons, streamers, pinwheels or other attention attracting devices are prohibited. 6. No freestanding light poles shall be uses as temporary sign supports, as flagpoles or to connect flags, streamers, or pennants. 6 7. No graphics shall be painted on the building or windows. 8. Open hoods of vehicles, windshields, car windows, trunks, roofs or the like shall not be used for individual letters or other signage. 9. 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. 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 site 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 impractical, 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 be setback at least thirty eight (38) feet from any property line. Additionally, the distance between pump islands shall be a least twenty -four (24) feet, measured curb face to curb face. 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: 10. The edge of the canopy shall maintain setbacks as required for the principal building. 11. 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. 7 12. 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. 13. The canopy fascia shall not exceed three (3) feet in vertical height. 14. 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. 15. 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. a. No public address system shall be audible from a non commercial or non- industrial use or district. b. The sale, storage, or display of vehicles is prohibited. c. No outside storage, display, or services shall be allowed except as follows: 16. 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. 17. 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. 18. 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 shall be maintained in an orderly and safe fashion and in accordance with applicable State Fire Code regulations. a. 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 b. A car wash facility shall require an additional conditional use permit subject to the performance standards outlined in Section 6.13.D.4. 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. 8 4. c. All improvements except landscaping shall conform to the setback requirements for principal buildings in the district. 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 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: 19. 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. 20. At the pump island of an automobile convenience facility, as specified in Section 6.13.D.10. 21. 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 or pedestrian area. e. Displayed merchandise shall be maintained in a neat and orderly fashion. f. The square footage of outdoor display areas shall be included in calculation of required off street parking for the use. 9 g. No public address system shall be audible from a non commercial or non- industrial use or district. h. Outdoor sales shall only be conducted by the owner or lessee of the premises. i. 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 enclosure(s) shall be designed to limit the effects of outdoor seating or dinning areas on contiguous properties and/or public rights -of -way. 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 a site 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 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. 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. 10 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. 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 Owner's Association shall be required to assume the responsibilities of overall site management. The Owner's Association shall be governed by a Declaration of Covenants that shall 11 p. 12. Transmission Facilities greater than one fourth (1/4) mile in length. E. Interim Uses: 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 Owner's Association is formed to maintain open space and common areas. This Owner's 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. 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. 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. 12 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 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 sixty (60) days. F. Minimum Lot Requirements and Setbacks: 1. Minimum Lot Area: 1 acre 2. Minimum Lot Width- 120 feet 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 13 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: 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. 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 impractical, 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. Additional Design Standards 1. Architectural Appearance and Materials: To prevent urban blight and ensure quality long lasting construction compatible with both adjacent properties and those throughout the district, all buildings in the C -3 District shall comply with the following standards, as well as applicable sections of Ordinance B. a. 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. b. Building Massing: Large uninterrupted building walls or elevations are prohibited. Corner architectural elements are encouraged to define the edges of the building. A building more than one hundred (100) feet in width shall be divided into increments 14 of no more than fifty (50) feet through the articulation of the facade. This can be achieved through combinations of the following techniques: 1. Divisions or breaks in the materials 2. Window bays 3. Separate entrances and entry treatments 4. Variations in roof lines 5. Building setbacks 6. Equivalent techniques approved by the City c. 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. 2. Pedestrian Circulation: a. Clear and well lighted walkways shall extend throughout the site and parking area connecting building entrances to adjacent public sidewalks and any parking facilities located on the site. Said 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. Appropriate provisions shall be made to protect pedestrian areas from encroachments by parked or moving vehicles. At a minimum, a sidewalk at least five (5) feet wide shall extend along the portion of the any building that abuts a required parking, loading 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. 3. Lighting: a. Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. b. 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. 15 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. 4. 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 impractical, 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 its 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. 5. 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 16 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. ATTEST: Linda Jentink, City Clerk 17 William Droste, Mayor Published this day of 2005 in the Rosemount Town Pages. CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE 11- 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: a. Gasoline fuel pumps shall be installed on pump islands located not closer than thirty five (35) feet from any property line. the property, provided that adequate visibility both n and off site is maintained. The canopy shall be consistent the principal building in design and character. from the car wash to run into the parking ar as, a public street or accesses thcrcto. areas. c. Lighting shall be rccesed or shielded so as to have no direct source of light visible from adjacent land, or the public right of way. and shall be subject t the appr val f the City. g. Parking of vehicles n public right of way shall be pr hibitcd. art, computcr services, mailing, photocopying, ph tography, and public relations or similar businesses. 1 1. Child and Adult Day Care. 2. Communications Businesses. 3 C onvcn i c St 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 beauty shops, fitness centers, funeral services mortuaries, facilities, laundry services, shoe repair and photography, 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. 2. Gasoline- Sales, accessory to Convenience Stores. 1. Off Street Parking for a Permitted, Conditional or Interim use 2. Outdoor Display /Sales and Storag Ecstrictions the 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. Et. Merchandise must consist only of finished products. written c n.,ent of the owner or lessee. are customarily sold unassembled and are intended for customer purchase and assembly. d. Only merchandise that is n rurally manufactured, sold, or stored by thc occupant on thc premises shall be sold and/or promoted. 3 c. Outdoor display ar are limited to twenty (20) percent of the gross floor ar a of the districts. g. Truck 8: Trailer Parking. Except while loading, unloading, or rendering a service in a designated loading area, no commercial trucks, truck tractor, or semi trailer combinations are permitted to be parked and/or stored longer than forty eight (48) 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 dinning areas on adjacent properties. b. The outdoor seating or dinning area shall be located on privateproperty along the front, side or rear of the principal building but shall not be located within a required setback or on a site abutting any residential use or district c. The outdoor seating or dinning 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 dinning 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 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 adiacent properties and/or rights -of -way. Landscaping and berming shall be a secondary source for screening drive- through, stacking or existing areas Should landscaping and berming be impractical, 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 two (2) menu signs are allowed. 2. Individual menu signs shall be single sided with an area not to exceed twelve (12) square feet. 3. The height of the menu sign(s) shall not exceed six feet (6') including its base or pole measured from grade to the top of the structure. 4. The menu sign(s) shall not encroach into any principal building 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 site 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 dinning 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 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 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 b. Accessory Structures: 10 feet g. 6 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: l0feet 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: required buffer strip on the side and rear yards not lc°" than thirty (30) feet in width shall (3) feet in height shall be erected to provide sufficient screening of the commercial packing: 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. 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 impractical, the City may approve screening walls and/or decorative fencing as an altemative. 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. Additional Regulations Requirements Buildings: District shall be constructed of at 1 ast fifty percent (50 brick. The remaining fifty percent (50 oft -wall surface may be natural stone or rock or an equivalent or 7 limited to architectural accents. a. Architectural Appearance and Materials: To prevent urban blight and ensure quality long lasting construction compatible with both adjacent properties and those throughout the district, all buildings in the C -3 District shall comply with the following standards, as well as applicable sections of Ordinance B. b. 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. c. Building Massing: Large uninterrupted building walls or elevations are prohibited. Corner architectural elements are encouraged to define the edges of the building. A building more than one hundred (100) feet in width shall be divided into increments of no more than fifty (50) feet through the articulation of the facade. This can be achieved through combinations of the following techniques: 1. Divisions or breaks in the materials 2. Window bays 3. Separate entrances and entry treatments 4. Variations in roof lines 5. Building setbacks 6. Equivalent techniques approved by the City d. 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. Pedestrian Circulation: a. Clear and well lighted walkways shall extend throughout the site and parking area connecting building entrances to adjacent public sidewalks and any parking facilities located on the site. Said 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. Appropriate provisions shall be made to protect pedestrian areas from encroachments by parked or moving vehicles. At a minimum, a sidewalk at least five (5) feet wide shall extend along the portion of the any building that abuts a required parking, loading or maneuvering area. 8 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. Lighting: a. Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. b. 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. b. 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 impractical. 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. 9 ATTEST: 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. 3. 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 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. 1. Child and Adult Day Care. 2. Communications Businesses. 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. 9. Membership Organizations. 1 10. Personal Services, including barber beauty shops, fitness centers, funeral services mortuaries, facilities, laundry services, shoe repair and photography, 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. 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. Off Street Parking for a Permitted, Conditional, or Interim use 2. Outdoor Display /Sales and Storage of Merchandise, subject to the following restrictions the conditions in 16.4.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. 3. Outdoor Seating or Dining Areas for ten or fewer seats, accessory to permitted or conditional uses, subject to: 2 a. The site shall be designed to limit the effects of this outdoor seating or dinning areas on adjacent properties. b. The outdoor seating or dinning 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 site abutting any residential use or district c. The outdoor seating or dinning 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 dinning 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 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 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 existing areas. Should landscaping and berming be impractical, 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 3 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. and public rights -of -way. 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 two (2) menu signs are allowed. 2. Individual menu signs shall be single sided with an area not to exceed twelve (12) square feet. 3. The height of the menu sign(s) shall not exceed six feet (6') including its base or pole measured from grade to the top of the structure. 4. The menu sign(s) shall not encroach into any principal building 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 site visibility or obstruct circulation. 2. Educational Services, excluding elementary and secondary schools. 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 dinning areas on contiguous properties and/or public rights -of -way. 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 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 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. 4 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 Coverages 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 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: 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 5 abutting any non commercial or non industrial use or district. 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 impractical, 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. Additional Regulations Requirements Buildings: f. Architectural Appearance and Materials. To prevent urban blight and ensure quality long lasting construction compatible with both adjacent properties and those throughout the district, all buildings in the C -3 District shall comply with the following standards, as well as applicable sections of Ordinance B. b. 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. c. Building Massing: Large uninterrupted building walls or elevations are prohibited. Corner architectural elements are encouraged to define the edges of the building. A building more than one hundred (100) feet in width shall be divided into increments of no more than fifty (50) feet through the articulation of the facade. This can be achieved through combinations of the following techniques: 1. Divisions or breaks in the materials 2. Window bays 3. Separate entrances and entry treatments 4. Variations in roof lines 5. Building setbacks 6. Equivalent techniques approved by the City d. 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. 6 Pedestrian Circulation: a. Clear and well lighted walkways shall extend throughout the site and parking area connecting building entrances to adjacent public sidewalks and any parking facilities located on the site. Said 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. Appropriate provisions shall be made to protect pedestrian areas from encroachments by parked or moving vehicles. At a minimum, a sidewalk at least five (5) feet wide shall extend along the portion of the any building that abuts a required parking, loading or maneuvering area. c. A continuous and permanent concrete curb not less than six (6) inches above grade shall separate intemal 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. Lighting: a. Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. b. 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. 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 impractical, the City may approve screening walls and/or decorative fencing as an alternative. Screening walls shall be 7 ATTEST: 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. 3. 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. 8 William Droste, Mayor Linda Jentink, City Clerk Published this day of 2005 in the Rosemount Town Pages. 9