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Home My WebLink About9.b. Approval of an Ordinance Amending Ordinance No. XXL.12AGENDA ITEM: Approval of an Ordinance Amending Ordinance No XXI.12 AGENDA SECTION: New Business PREPARED BY: Kim Lindquist, Community Development q tY p Director Y AGE�1 r #1 �'t M ATTACHMENTS: Ordinance, Approved Moratorium Ordinance APPROVED BY: e RECOMMENDED ACTION: Adopt an Ordinance Amending Ordinance No. XXI.12 9 ROSEMOUNT CITY COUNCIL City Council Meeting Date. March 21, 2006 EXECUTIVE SUMMARY BACKGROUND Staff has been working on revisions to the industrial zomng distracts particularly the Business Park zoning district. To assist m the revisions the City Council adopted a moratorium on February 14, 2006 affecting property zoned BP -1 that has outside storage. DISCUSSION Dakota Enterprises had applied for a site plan approval and recently amended the application. Presently the amended apphcanon has the support of staff and the Planning Commission. The Council is being asked to approve the plan at the March 21, 2006 meeting. However, as currently worded, the site and site plan apphcation would be impacted by the current moratorium Staff is recommending an amendment to the mitial moratorium to exclude site plan apphcanons submitted before the moratorium was adopted to permit approval and implementation of the current Dakota Enterprises site plan If the City Council does not support the site plan, this ordinance should not be adopted. RECOMMENDATION Adopt the ordinance. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO, AN ORDINANCE AMENDING ORDINANCE NO. XXI.12 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows: Section 1. Ordinance No. XXI.12 adopted by the City Council on February 7, 2006 is amended by adding new Section 4.01, paragraph c) as follows. c) Projects for which site plan applications were received prior to the effective date of this Ordinance. ADOPTED this day of 2006, by the City Council of the City of Rosemount. Al MST: Section 2. This Ordinance shall be in effect following its passage and publication. James D. Verbrugge, Deputy City Clerk 284715v1 CLL RS215 -3 1 CITY OF ROSEMOUNT William H. Droste, Mayor CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA ORDINANCE NO. xxi. .12 AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, PLACING A MORATORIUM ON DEVELOPMENT OF USES THAT INCLUDE OUTDOOR STORAGE IN CERTAIN AREAS OF THE CITY OF ROSEMOUNT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section I. Background. 1.01. Rosemount Zoning Code, section 6.15.F (recodified as 11- 4- 15.F1) allows outdoor storage in BP -1 zoning districts of the City provided such use is incidental or accessory to a principal use contained within a building. The Code does not further define the terms incidental or accessory. 1.02. On February 9, 2005, the Council considered a proposed use of property in a Business Park zoning district for a lumber sales business that would have involved substantial outdoor storage. The Council provided direction to staff that for outdoor storage use to be accessory or incidental to a principal use contained within a building, such storage must occupy less space than the area of the building. 1.03. Standards for outdoor storage in C -3 and C4 General Commercial zoning districts were updated between May and November of 2005. In October of 2005 City staff began work on new standards for Business Park zoning districts, including outdoor storage. 1.04. On November 22, 2005, the Rosemount Planning Commission discussed proposed amendments to the Business Park zoning standards Among other changes these standards would eliminate outdoor storage as an allowed accessory use in Business Park zoning districts. Discussion of such standards continued on December 13, 2005. On January 10, 2006, the Planning Commission opened a public hearing on the proposed amendments, which hearing was continued until February 28, 2006. 1.05 On November 23, 2005, the City received an application for site plan review of a proposed development that included outdoor storage. The outdoor storage area proposed by the applicant greatly exceeds the area of the principal structure. Nevertheless, the applicant has asserted that under his interpretation of current zoning code provisions, such use would be permitted. This interpretation is not consistent with that of the City Council, which leads the Council to conclude that there is a need to clanfy and limit the permissible extent of outdoor storage under the Code. 1.06. Outdoor storage is, or may be, incompatible with other uses permitted in the Business Park districts. CLL- 275098v1 RS2I54 1 1.07. In connection with consideration of planning for the use and development and redevelopment of parts of the City zoned for business park use, the Council has determined that current land use controls do not adequately address the land use concerns noted above. 1.08. Therefore the Council has determined that there is a need for further hearings to be conducted and concluded so that the City may adopt such amendments to its official controls as are deemed necessary or expedient to ensure protection of the public, health, safety and welfare. The Council has directed that such hearings be conducted and completed. 1.09. Due to the pendency of applications and proposals to substantially expand outdoor storage, the Council has further determined that there is a need for an interim ordinance to be adopted pursuant to Minnesota Statues, Section 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City, and ensuring that the City and its citizens retain the benefits of, and the protection sought to be afforded by, the City's comprehensive plan and official controls until the hearing process is complete and any modifications to the City's official controls become effective. Section 2. Properties Subject to Moratorium. 0t'INANCE NO. XX1.12 2.01. Properties subject to the provisions of this moratorium include all properties in the City that are zoned BP 1. Section 3. Prohibition. 3.01. Except as provided in Section 4, during the period this interim ordinance is m effect, the use and development of properties subject to the moratorium shall be subject to the following limitations: a) no properties may be developed or redeveloped for any use that includes outdoor storage; b) no new uses that include outdoor storage may be established; c) no existing outdoor storage uses may be expanded or enlarged to occupy a greater area of land; and d) no site plan approvals, rezonings, plattings or replattings, planned unit development, land divisions or consolidations, special use permits, or building permits will be considered, approved or granted by the City for uses that include outdoor storage. Section 4. Exception. 4.01. This ordinance shall not apply to: a) issuance of building permits for projects that do not involve the establishment, expansion or enlargement of an outdoor storage use; or CLL- 275098v1 2 RS215 -4 CLL- 275098v1 RS215 -4 OT NANCE NO. XXI.12 b) final plats or subdivision approvals that have received preliminary plat approval prior to the effective date of this ordinance, provided all conditions of preliminary plat approval have been satisfied. Section 5. Effect on Pending Applications. 5 01. All applications subject to this moratorium that are pending or that are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statutes, Section 15.99. The City Administrator shall cause notification of such denial to be given to all applicants citing the adoption of this ordinance as the reason therefor. Fees paid in connection with such applications shall be returned or refunded to the applicant. Section 6. Effective and Termination Dates. 6.01. This ordinance shall be effective on the date following its publication. 6.02. This ordinance shalt be repealed without further action by the City Council on May 1, 2006, unless earlier amended, repealed or extended by ordinance duly adopted by the City Council. /1 ATTEST: Linda Jentink, kitty Clerk Published in the Rosemount Town Pages this day of ,200 3