HomeMy WebLinkAbout2.c. Industrial Districts Zoning Text Amendment for the BP - Business Park and LI - Light Industrial Districts 05-48-TAAGENDA ITEM: Case 05 -48 -TA Industrial Districts Zoning
Text Amendment for the BP Business
Park and LI Light industrial Districts
AGENDA SECTION:
PREPARED BY: Jason Lindahl, A I C.P.
Assistant City Planner
E
W AGE
ATTACHMENTS: Memo from City Attorney, Letter to
Property Owners, PC Minutes of 2 -28 -06
and 1- 11 -06, Comments from Property
Owners, Outline of Changes to the BP
District, Draft BP, Business Park and LI,
Light Industrial Districts
APPROVED BY:
t J
RECOMMENDED ACTION: Review and direct staff with any changes prior to formal
action by the City Council on April 18, 2006
4 ROSEMOUN 1
City Council Work Session:
CITY COUNCIL
March 22, 2006
EXECUTIVE SUMMARY
SUMMARY
This item was initiated by staff to update and simplify the City's industrial zoning distracts as part of
implementation of the 42/52 Comprehensive Plan Amendment. Should the City approve the proposed
amendments, the four sub categories of the Business Park zoning distract (BP -1, BP -2, BP -3, and BP -4)
would be merged into one BP Business Park district, the permuted, accessory, conditional, and interim
uses would be updated, the performance standards would be modernized, and a new LI Light Industrial
Distract would replace the existing Industrial Park zoning distract Copies of the proposed amendments
are attached for your review. During the meeting, staff will outline the amendments and ask the City
Council for direction regarding the proposed changes.
With the adoption of the proposed text amendments, staff also recommends adoption of the following
three amendments to the Definitions section of the Zoning Ordinance. These three definitions are key to
the Business Park text amendment.
1. Office Showroom: A facility in which the handling of information or the performing of
administrative services is conducted as the principal use; including services provided to persons both
on -site and off-site on a walk -in or appointment basis. Up to fifty percent (50 of the gross floor area
of the structure may be used for the display of merchandise and eginpment, and its sale to a customer
where delivery of puichased merchandise is made directly to the ultimate consumer from a warehouse.
2. Office Warehouse: A building with gross floor area consisting of at least 15 percent finished office
space, in addition to warehousing and distribution uses including storage, wholesale, and distribution
of manufactured products, supplies, and equipment, but excluding bulk storage of matenals that are
inflammable or explosive or that create hazardous or cominonly recognized offensive conditions.
3. Light Manufacturing: The compounding, processing, packaging, treatment, or assembly of certain
materials or products where no process involved will produce noise, vibration, air pollution, fire
hazard, or noxious emission which will disturb or endanger neighboring properties.
PLANNING COMMISSION ACTION
The Planning Commission reviewed the proposed amendments during their November, January, February,
and March meetings While the November meeting was a work session, the Commission held public
hearings during the January, February, and March meetings
There were three main topics of concern for residents and business owners during these pubhc hearings.
The first was the balance of permitted and conditional uses. The most noted concern was the extra review
time associated with conditional use permit approval. The second concern was the removal of outdoor
storage m the BP -1 and BP -2 District. In response, the Commission directed staff to make outdoor
storage of finished products and work vehicles a conditional use in the BP District subject to conditions.
The third area of concern during the pubhc hearings was notice of the meetings During each meeting,
staff explained that they met the statutory nonce requirement by publishing notice of the proposed text
amendments and associated public hearings m the local paper. In addition, the Commission directed staff
to mail notice of the March meeting along with copies of the amended BP Business Park and LI Light
Industrial Districts to all property owners zoned or guided for these uses. A copy of the letter is attached.
Approximately 250 letters were sent in total. Some property owners responded with written or verbal
comments. The written comments are attached for your review and express concerns about the balance of
permitted and conditional uses as well as the affect of the amendment on existing residential uses. tinder
the current zoning ordinance single family residential uses are non conforming The current draft does
not change this condition In verbal communication by phone to staff property owners have asked
questions to clarify how the amendments could affect their property. Each of the three property owners
spoken to expressed satisfaction with the proposed amendments.
Also attached is information from the City Attorney regarding the discussion staff had with the Planning
Commission in February. The Comprehensive Plan allows some flexibility in the zoning district it
coincides with. For example, the business park zoning could occur with property guided Business Park.
In addition, Light Industrial zoning may also be complementary to Business Park guided properties The
final zoning classification would dependent upon the use proposed and what would be the most
appropriate classification given the goals of the Comprehensive Plan
FUTURE ACTION
In conjunction with the proposed zoning text amendments, staff is process rezoning of the Business Park
1, 2, 3, and 4 districts into the new BP Business Park District. The Planning Commission held a pubhc
hearing regarding the proposed rezoning on March 14, 2006 and unanimously recommended the City
Council approve the rezoning. Staff anticipates bringing the GI General Industrial Districts back to the
Planning Commission in April and to the City Council m May. In the interim, the City Council placed a
moratorium until May 1, 2006 on developments with outdoor storage within the existing BP -1 zoning
district.
CONCLUSION
Attached are the latest drafts of the BP Business Park and LI Light Industrial Districts. In this text the
new language is underlined while the delete language is „tricken thr ugh. For added detail, the packet also
includes an outline of the specific changes to the BP Districts. Staff request direction from the City
Council regarding the proposed zoning text amendments.
2
Kim,
You have asked for my comments on the effect of reguiding property to "Business Park" on
businesses that would not meet the requirements of the new Business Park zoning standards. I
understand that, in at least some of the cases, the concern arises out of the fact that the use
includes outdoor storage
Reguiding land to Business Park does not necessarily mean rezoning of that land to Business
Park State law requires the City to conform its zoning to its comprehensive plan, but the
comprehensive plan does not generally specify zoning districts For example, in the case of the
Rosemont Comprehensive Plan, the description of business park on page 34 states in part "The
business park is designed to serve the needs of low impact light industry, general office
development, and supporting commercial services On page 65, the description of business
park includes the statement that "This category is intended to allow a more narrow range of
industrial uses, including those that may include corporate offices and /or high technology
operations
Therefore, land guided "Business Park" could be given another zoning designation such as light
industrial (consistent with the description "low impact light industry") or commercial (consistent
with the description "general office development and supporting commercial services
In many cases, it may be necessary to change the zoning designation after a guide plan
amendment. If the new zoning designation or new text for that zoning district designation
prohibits a use, the use may not be established after that time If the use already exists, it will be
"grandfathered in but may not be expanded In the case of outdoor storage, if either the new
zoning code text or a new zoning designation do not allow outdoor storage, such a use may not
be established, or if it is pre existing, may not be expanded
In the case of Business Park zoning the text now under consideration would now not allow
outdoor storage In most cases, however, this will not be a significant change for properties
already zoned for one of the four types of business parks The current code does not allow
outdoor storage in BP -3 zones or BP-4 zones In BP -2, outdoor storage is only permitted by
planned unit development, and in both BP -1 and BP -2 zones, outdoor storage is limited and only
allowed where it is "incidental or accessory to principal use contained within a building"
If land reguided to Business Park is not zoned to a business park district, but rather is zoned to
some other category consistent with the general description of business park in the
comprehensive plan, such as light industrial or commercial, whether new or expanded outdoor
storage is allowed will depend on the text of the code applicable to that district.
Let me know if you have any further questions
Charlie
Received via email 3 /3/06
4 ROSEMOUNT
March 3, 2006
Re: Proposed Changes to the BP Business Park, LI Light Industnal, GI General
Industrial Zoning Standards.
Dear Property Owner:
You are receiving this letter as courtesy notification that the City of Rosemount is considenng
changes to the City's Industrial zoning districts which may affect the use of your property.
As you may be aware, the City of Rosemount is in the process of amending the zoning
regulations for the Business Park, Light Industrial, and General Industrial zoning districts.
Attached for your review are draft copies of both the BP Business Park and LI Light
Industrial zoning districts. In the proposed ordinances, the old language is s rieken rhreiugh
while the new language is underlined
The Planning Commission held public hearings to review these items on January 10 and
February 28th, 2006. The Commission will review this item a third tune on March 14, 2006 at
6.30 p.m m the City Hall Council Chambers located at 2875 145 Street West Please note there
may be additional modifications to the ordinances throughout the review process. You are
encouraged to attend this meeting and provide the Commission with feedback on the proposed
changes If you are unable to attend the meeting, you may also contact staff directly and they
will forward your comments on to the Comimssion.
If you have any questions regarding the proposed changes or comments you would like
forwarded to the Commission, please do not hesitate to contact me. I can be reached at 651-
322 -2090 or at jasonlmdahl wci i osemount inn us
Sincerely,
Enclosure
f�
Jason Lindahl, A.I C.P
Assistant City Planner
COMMUNITY DEVELOPMENT
SPIRIT OF PRIDE AND PROGRESS
Rosemount City Hall 2875 745th Street West Rosemount, MN 55068-4997
651- 423 -4411 TDD /TTY 651- 423 -6219 Fax 651- 423 -5203
www.cs rosemount.mn.us
Excerpt of Minutes from the Planning Commission Special Meeting of January 11,
2006
Public Hearing
5d. Case 05 -48 -TA Industrial Districts Zoning Text Amendment.
Mr. Lmdahl reviewed the staff report This item was initiated by staff to update and simphfy
the City's industrial zoning districts as part of implementation of the 42/52 Comprehensive
Plan Amendment Currently, the City has seven industnal districts Business Park 1, 2, 3,
and 4, Industrial Park, Waste Management, and General Industrial Staff is proposing
changes to the Business Park, Industrial Park, and General Industrial Districts Mr. Lindahl
noted the changes to the zoning districts were based upon Commission comments and staff
also developed continuity in appearance and standards.
Mr. Lmdahl highlighted the changes to the business park district.
Chairperson Messner questioned the definition of manufacturing, processing, and assembly
uses conducted entirely within an enclosed building (as a permitted use) and manufacturing,
custom and limited. Mr. Lmdahl stated the current zoning ordinance has specific defimuons
for manufacturing hnuted or manufacturing custom. The gist of the differences is the higher
standards for certain manufacturing processes such as producing can good versus or refining
oil. The qualifier of "within an enclosed building" would be staff's intent that in the
business park district there would be no outdoor storage. Chairperson Messner stated that
he feels manufacturing should not be pernutted in the business park and that office
warehouse and showrooms should be a permitted use. Discussion continued regarding
office and retail uses and assembly within a building As uses are shifted around, it could
have an effect on current users m the business park district. Staff was directed to restructure
and update the definitions for limited and general manufacturing, move office warehouse
and office showroom to perirutted uses; and move warehousing, wholesahng and
distribution to conditional uses.
Mr. Lindahl highlighted the changes to the light industrial district and stated the differences
from the business park district. Chairperson Messner questioned the difference between
office warehousing and warehousing Staff was directed to determine a defuunon for office
warehousing Commissioner Schwartz stated she would hke motor freight terminals moved
to a different distract
Mr. Lmdahl reviewed the changes and additions to the general industrial district.
Chairperson Messner asked for clarification on asphalt plants versus cement and concrete
production Mr. Pearson stated asphalt plants tend to have more odors while cement plants
have more dust Both uses generate noise and truck trips. Chairperson Messner suggested
that both uses should be treated as mtenm use permits.
Chairperson Messner opened the Pubhc Hearing.
MOTION by Zurn to close the Public Hearing. Second by Schultz. Ayes: All.
Nayes: None Motion approved
MOTION by Messner to table the action to February 28, 2006.
Second by Schultz. Ayes. All Nayes: None. Motion approved
Draft Excerpt of Minutes from the Regular Planning Commission Meeting of
February 28, 2006
Public Hearings:
5.a. 05 -48 -TA Business Park Zoning Text Amendment. Assistant City Planner Lindahl
reviewed the staff report Mr. Lindahl noted if the Commission recommended approval of
the amended Business Park District, staff would forward it on to the City Council on March
21" for formal approval In conluncton with the approval, staff will be presenting rezoning
and Comprehensive Plan amendments for the residennal portion of the Business Park to the
appropnate residential land use and zoning categones. Staff will come back to the
C omnussion at the March 14` meeting with similar amendments to reguide and rezone the
Busmess Park 1, 2, 3, and 4 distracts mto the new BP Business Park District. Staff
anticipates bringing the Light and General Industrial Distracts back to the Commission in
April In the interim, the City Council placed a moratorium until May 1, 2006 on
developments with outdoor storage within the existing Business Park zoning district. Staff
plans to complete the text amendments, Comprehensive Plan amendments, and rezonuig
within the term of the moratorium. Mr. Lindahl stated additional information from Business
Park property owner's Vic's Crane and Dakota Fence has been distributed for Commission
review
Comnussioner Zuni questioned whether commercial indoor recreation is unchanged or
eliminated. Mr Lindahl apologized for the typographical error causing the confusion and
responded that commercial indoor recreation has been amended to be a conditional use
permit m the district
Chairperson Messner opened the Public Hearing.
Carol Hickman, 29370 Randolph Boulevard, Randolph, representing Vic's Crane and
Towing, stated Vic's Crane has been a part of the community since 1951 With the
unexpected restrictions, Vic's Crane feels like it is intentionally being forced out of
Rosemount. Vic's Crane is the largest crane company in Minnesota and is the pnmary crane
provider for Flint Hills Resources and Marathon. Ms. Hickman respectfully requested that
the Planning Commission forego the outdoor storage ban.
Bruce Rydeen, 16421 Gunflint Trail, Lakeville, representing DT LLC, owner of the Wachter
parcel, presented his concerns with the outdoor storage limitation Mr. Rydeen stated DT
LLC has promoted the Wachter parcel by stating outdoor storage is allowed per the size of
the principal structure. Mr. Rydeen requested that Office Showroom /Warehouse become a
permitted use.
Assistant City Planner Lindahl clarified that Office Showroom /Warehouse is a permitted
use.
Jay Karlovich of LeVander, Gillen Miller, P.A., representing Dakota Fence, 15953
Biscayne Avenue, Rosemount, confirmed that the Planning Commission received his letter
regarding the item. Chairperson Messner confirmed receipt of the letter.
Dennis Ozment, 3275 145 Street East, Rosemount, stated he is concerned with the changes
to the Business Park district with the elimination of outdoor storage.
MOTION by Zum to close the Public Hearing. Second by Powell. Ayes' All.
Nays: None. Pubhc Hearing closed.
Chairperson Messner directed staff to address the outdoor storage issues. City Planner
Pearson showed the Commission a zoning map and pointed out the Business Park areas.
Mr. Pearson stated that outdoor storage was allowed in the BP -1 District and BP -2 District
by PUD. Chairperson Messner confirmed that the revised Business Park zoning would
prohibit outdoor storage from all of the Business Park. Mr Pearson stated that is correct.
Chairperson Messner questioned if the current zoning for Vic's Crane area is General
Industrial. Ms. Lindquist stated it was part of the 42/52 Land Use Plan that was adopted by
the Council is July 2005; the zoning remains general industrial and the guiding is commercial
in the north and business park in the south.
Mr. Lindahl expanded on the comments by stating that Business Park is a broad category for
the Comprehensive Plan reguiduig. Ms. Lindquist added that while a property is guided
Business Park it may not become zoned Business Park Ms. Lindquist noted the flexibility
under the 2020 Comprehensive Plan land use designations. The changes proposed tonight
do not affect Vic's Crane. If Vic's Crane is rezoned to Business Park without changing of
the ordinance, Vic's Craine would not be a permitted use. The issue should have been
discussed more in depth when the reguiding took place to see if the use was appropriate in
the Business Park or in a Light Industrial area. The text changes proposed tonight, changed
or not changed, Vic's Crane would still not be a permitted use m the Business Park.
Commissioner Schultz asked for an explanation of accessory uses that are incidental to
principal uses. Mr. Pearson stared accessory uses are intended to be supportive of the
principal or primary use of the building. Accessory uses are incidental and are interpreted to
be limited to an area less than the footprint of the building.
Commissioner Powell questioned if proper legal notice was given regarding the item. Ms.
Lindquist stated it was published and most recently a copy of the proposed ordinance was
sent to property owners with land zoned Busmess Park
Commissioner Zurn questioned if the cart is in front of the horse in looking at the proposed
text amendment and moratorium. Ms. Lindquist stated the moratonum was put m place to
allow time to finish the Business Park zoning text amendment and relates to outdoor
storage. The intent is to allow enough time to address the outdoor storage issue.
Commissioner Schultz echoed the comments of Commissioner Zurn Chairperson Messner
questioned the concerns. Commissioner Zurn stated his concerns regarding the City
Attorney allowing Light Industrial within the Business Park. Ms Lindquist stated the land
use would be Business Park but the property would be zoned Light Industrial. The land use
is broad enough that it could encompass industrial uses, Commissioner Schultz stated her
concerns he within outdoor storage being either incidental or accessory and not wanting to
hinder Rosemount businesses. Ms. Lindquist stated that whether outdoor storage is
incidental or accessory m the Business Park District is inconsequential as the amendments
proposed is to eliminate outdoor storage m the Business Park If you want to have outside
storage, staff needs to know which way the Comnussion is heading. Chairperson Messner
stated given the types of uses either permitted or conditional, he doesn't see how most of
those uses with, the exception of maybe one or two, would ever request or require outside
storage. Based upon the Business Park zoning and the type of uses, we do not necessarily
need incidental or accessory outdoor storage.
Commissioner Powell stated his viewpoint m relation to how the existing businesses will be
affected It appears other property owners would be interested m voicing their concerns
related to the prohibition of outdoor storage. Commissioner Powell recommended
continuing the action to March 14 to allow additional business and property owners a
chance to voice their opinions. Commissioner Zum echoed Mr. Powell's comments.
MOTION by Powell to continue the Public Hearing to March 14, 2006. Second by
Schultz. Ayes: All. Nays: None. Motion carried.
Jason,
I have tried to read "The proposed Changes to Business ParK"
and the average person cannot relate the information to their
circumstances so I have these questions:
1. How long can I live in my house?
2. My Real estate taxes: Will it be based on residential or Ag
staying the way it is now?
3. Can I re -model or add on to my house or out blgds?
4. we have a lot of out- bldgs. Will the city tell us to we
have to tear them down white we are living there?
5. Can we sell our home and property to someone else who wants
to live there? Or someone who wants to set up a business?
will atfikid -b1 m .P.a4'i�
Bernice J. Wenzel
2829 E 145th St Rosemount, MN 55068 651 423 2317 0
322 5487 H
Lindahl,Jason
From: Mark Hebert [mrhebert@msn corn]
Sent: Tuesday, March 07, 2006 4 31 PM
To: Lindahl,Jason
Jason,
Page 1 of 2
Thank you for taking the time to address some concerns as it relates to the proposed changes of zoning
for our project on 160th St. Below please find a list of items we request moved from Conditional use to
Permitted use.
D.2 (Business, Trade and Vocational Schools) be moved from Conditional use to Permitted use.
D.4 (Commercial Bakeries) be moved from conditional use to Permitted Use.
D.8 (Health and Athletic Club Facilities) modified to conform with our PUD approval and be moved from
conditional use to Permitted Use.
D.10 (Light Manufacturing, Processing, and Assembly Uses Conducted Entirely within an enclosed
building) be moved from conditional use to Permitted Use.
D.12 (Satellite dishes or solar collectors) shall read Satellite dishes greater than 6 feet or solar
collectors
D.15 (Warehousing, Wholesaling and Distribution uses conducted entirely within an enclosed building)
be moved from conditional use to Permitted Use.
We designed a multi tenant project to provide facilities for the office- warehouse manufacturing
business's that would consider establishing in the City of Rosemount. The above list of uses currently
are in the BP1 zoning as Permitted uses and by moving them to conditional uses would create a delay
and an unnecessary and layer of review that would deter prospective businesses.
We went through the Staff, Planning Commission review process, obtained Council approval and have
been issued a building permit for the above project. The movement of uses is burdensome and little can
be gained by additional conditional Use Permit Review process that has not already been accomplished
by the original application.
I anticipate that 80 -90% of our prospective tenants would require Conditional Use Review under the
current wording. I submit this would create unnecessary work for City Staff and create obstacles that
would ultimately cause business not to move to Rosemount.
I plan on attending the Commission meeting on Tuesday March 14th to answer any questions regarding
our request.
Thanks Jason,
Mark Hebert
3/9/2006
February 24, 2006
Mr. Jason Messner
Planning Commission
City of Rosemount
2875 145 Street East
Rosemount, MN 55068
Re. Proposed Amendment to Business Park Zoning Districts
Dear Chairman Messner,
FEB 2 2006
F €iR
CRANE HEAVY HAUL, INC.
3000 145th Street East, Rosemount, MN 55068
visit us at www.vicsco corn
Dispatch (651) 423 -7400 Business Office (651) 423 -2317 Fax (651) 423 -7402
Vic's Crane Heavy Haul, Inc. Nic's Welding Co. has been a part of this community
since 1951. During the past year, we provided 150 jobs in the Rosemount community and
anticipate even greater levels of employment in the future. This is a family business in its
second generation. Members of the third generation are attending college at this time and
are poised to move into the business Recently, however, we have become aware of
unexpected restrictions imposed on us by existing or proposed zoning and ordinance
changes. These restrictions are causing us concern that the Rosemount City Council is
intentionally forcing us out of business.
When it was announced that our property may be rezoned from General Industrial to
Business Park it was not disclosed that there would be any change in the way we were able
to conduct business. We were then led to believe that we could continue in business as
usual. In fact, we were encouraged that "nothing had changed." Now, however, we are
learning that the new zoning and ordinance changes will present severe operating limitations
that include hampering our ability to add buildings, make improvements and utilize space for
outdoor storage. Having the ability to grow our operations and operate in a low cost manner
is absolutely necessary to continue working in the business that we are in. One of the
businesses we are in includes being the primary crane provider for Flint Hills Resources,
Inc., which we have been for over 35 years. This coveted position was achieved because of
our experience, proximity to Flint Hills Refinery, the equipment that we have readily available
and our willingness to pay union wages and benefits. Our customers are also aware that we
have been a fixture in this community for many years, and that we are able to grow in a
manner that accommodates their quantitative and qualitative needs for large equipment.
Flint Hills Resources, Inc Xcel Energy, Marathon Oil and our other customers are
expanding their operations, so we must keep up with their needs. If we cannot promptly
provide equipment and services to our customers at the lowest cost, then they will turn to
national and international companies in this highly competitive industry and we will be out of
business.
The cost to move our operation would be huge. In all likelihood the purchase of
land, construction of buildings and infrastructure, plus the loss of project revenue and
personnel due to downtime would put us out of business. Our finances are already
heavily tied -up in large equipment, and our personnel (mostly highly paid union
employees) are billed out very close to the margin in order to be competitive in this
business. Being forced out of business by a multi million dollar move would be no
different than losing our business to the zoning restrictions and we would expect to be
paid for this loss.
Would it be possible to work with the City of Rosemount and consider an alternative
to limiting the expansion of our business and forcing us to consider costly building
requirements? Our site is large enough that we could accommodate the "Commercial"
zoning on the north and northeast portion of our 53 acres like you have already
projected. We could then forego the "nonconforming" zoning status in the southern
portion of our property and establish a new zoning category that enables us to operate
in this specific area As most of our business facilities are already located out of sight on
the southern portion of the property, we believe that we would have enough space to
grow as needed in this area that is not visible from County Road 42 or Highway 52, yet
still allow us to continue operating as we have in the past We have already cleaned up
our property by removing significant amounts of outdoor storage and will continue our
clean up project this summer. Our immediate needs include expanding our office space
by constructing an office building of approximately 7,200 square feet. This building
would provide offices for our administrative and managerial staff and a dispatch area to
monitor and control our operations. Our longer -term plans include another 300 ft.
building similar to our existing buildings. This building could house a majority of our
present outdoor storage.
Therefore, we respectfully request that the entire southern portion of our property be
reclassified in a new zoning category that enables us to operate profitably as we have
done in the past and allows for outdoor- storage without requiring high -cost
improvements or restrictions. We also ask to be allowed to build our administrative
bulking and otner future buildings needed to enhance both our business and the look of
our property.
Sincerely,
Vic's Crane Heavy Haul, Inc.
Carolyn Wenzel Hickman
Owner
Use
Current Classification
Proposed Classification
Arenas, Convention Centers,
Stadiums
N/A
New CUP
Business and Professional
Uses
Permitted
Changed to Professional
Services and Office
Business, Trade and
Vocational Schools
Permitted
CUP Use
Commercial Bakenes
Permitted
CUP
Day Care Centers, Nursery
and Montesson Schools
Permitted
CUP
Drive Through Facihties for
Restaurants and Banks,
Sublect to the Requirements
of the C -3 Distract in Section
6.13.D.3
N/A
New Conditional Use with
the Same Standards as the C-
3 and C -4 Districts
Eating and Dnnkmg
Establishments, Without
Dnve Though Facilities
N/A
New CUP
Health and Athletic Club
Facilities
N/A
New CUP
Hotels and Motels
N/A
New CUP
(Light) Manufacturing,
Processing, and Assembly
Uses Conducted Entirely
Within an Enclosed Building
N/A
New Permitted Use
Medical or Dental Clinics
N/A
New Permitted Use
Off Street Parking or
Loading for a Permitted,
Conditional or Interim Use
N/A
New Accessory Use
Changes to the BP Business Park District
The outlined below details the changes made to each subsection (A G) within revised
BP Business Park District.
A. Four subsections consolidated into one BP Business Park District. New Purpose and
Intent statement.
B. Revise and consolidate uses as follows:
1. Unchanged: Churches and Places of Worship, Commercial Indoor Recreation,
Financial Institutions, Motion Picture, Recording, Television and Radio Production
Studios, excluding towers or antennas, Printing and Duphcatmg Shops, Testing,
Research Laboratory Uses, Retail Sales of Products Manufactured Fabncated, and
Assembled On Site and Transit Stations /Park and Ride Facilities,
2. Changed:
1
Use
Current Classification
Proposed Classification
Office- Warehouse and
N/A
New Permitted Use
Office Showroom Uses
N/A
New Permuted Use
Overnight Sleeping Facilites
for Security Personnel
N/A
New Accessory Use
Public Buildings and Uses
N/A
New Permitted Use
Satellite Dishes or Solar
Collectors
N/A
New CUP
Self- Service Storage
Facil tes, Subject to the
Requirements of the C -3
Distract in Section 6.13.D.11
Permitted
Changed to CUP with New
Standards from the C -3
District
Warehousing, Wholesaling,
and Distribution Use
Conducted Entirely Within
an Enclosed Building
Permitted
Changed to CUP with
Limitation of "Conducted
Entirely Within an Enclosed
Building"
Other uses similar to those
m this district as determined
by the Board of Appeals and
Adjustments, subject
issuance of a CUP
N/A
New CUP
3. Ehminated: General Building and Specialty Trade and Contractors Shops and
Offices, Manufacturing (Custom and Limited), Multiple Family and Attached Single
Family Developments, Small Appliance and Business Service and Repair Shops.
C. This subsection was "Permitted Uses by Planned Unit Development" and was changed
to "Accessory Uses." Contams new and revised uses.
D. This subsection remains "Conditional Uses" and contains new and revised uses.
E. This subsection was "Accessory Use Permitted by Right" and was changed to "Interim
Uses." Contams new uses.
F. This subsection was "Site and Building Design Standards" and was changed to
"Mimmum Lot Requirements and Setbacks." All setbacks were changed to match the
existing BP -2, BP -4, C -3, and C -4 standards with the exception of the "Minimum Lot
Size" which was increased from 20,000 square feet /0.5 acres to one (1) acre and the
"Surface Parking Side and Rear Yard Setbacks" which remain fifteen (15) feet.
G. This subsection is the new "Site and Building Standards" section, including the eleven
(11) categories fisted below. While some of these standards remain from the original BP
District, the revised standards either mimic or closely match the Site and Building
Standards from the C -3 and C -4 District.:
1. Architectural Appearance New
2
2. Building Massing New
3. Permitted Materials Revised
4 Pedestrian Circulation New
5. Lighting Revised
6. Parking and Loading Areas New
7. Landscaping Revised
8. Trash Handling Carried Over
9. Signage Carried Over
10. Rooftop Equipment Carried Over
11. Underground Electrical Services Carried Over
3
AN ORDINANCE AMENDING SECTION 6.15 OF THE CITY OF ROSEMOUNT
ZONING ORDINANCE B
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
that Ordinance 13, adopted September 19, 1989, entitled "City of Rosemount Zoning
Ordinance," is hereby amended as follows:
Section 1.
replaced as follows:
City of Rosemount
Ordinance No. B-
Rosemount Zoning Ordinance B, Secti14.15 is hereby stricken and
6.15: BP BUSINESS PARK DISTRICT:
A. Purpoac and Intent. TLia diatria is inten edto accommodate new, o crn, high
and service us.s vhicli arc p lanned as a unit and mcUdc an internal circulate n
high quahty Bevel pnient and pr vide an effective
Uscs shall be conducted c6mpletcly- within structures excepted as provided for
herein:
all wed in accordance with the standards as set forth m thin rdmaa ce.
ordinance.
BP 3 This zone p.oviiles f r ffice and planned industrial uses This z ne is a transition
{Ord. B 63, 6- 1-0-94}
Uscs- Penni#ed by Right
2 Manufacturing, Custom
9 Manufacturin Limited and- Aeeessom'Uses —mitt
excludin lumber yards and construct[ n material
sales as a principal use
Warehousing and Distribute n
Shops includin electronics, office supplies
16. General Building and Special Trade Contractor
Shops and Offices
17. Commercial Bakeries
18. Self service Storagc Facility, subject to the
requirements of the C District to
Section 6 1_(S
(Ord. B 63, 6 11 96)
(Ord. B 72, 11 5 96)
D. Conditional Uses:
BP 1 BP 2 BP 3 BP
X
X X
X X
X
excluding livestock and raw farm product materials X X
outdoor display
7. Testing and Reeearch Development X
8. Business, Tradc Vocati nal Sch Is X
9. Commercial Indoor itecreati n, includin
health fitness clubs, racquetball and tenni
courts, spas, pools, and gymnasiums X X X X
Radio Television Broadcasting Stations. but
excludin t avers and antennas
11. Transit State ns and Park Ride facilities
X
X
doctors offices, diagnostic or treatment centers. but
self or express service businesses as a principal use X X
C. Uces Permitted by Planned Unit Devcl pmcnt (PUD): C nni eretd -,rnd Induot.ial
attached single family dcvcl pmcnt3 shall bc required t us.. the PUD pr ccdurc.
Churches and Places f W rship must have direct access t r bc within
thr.., hundred (300') fcct of a collect r, min r arterial, r principal arterial
2
1. Locati n
fire c des f r th, City f R acm unt.
collector commercial street and shall-nut-Jut ae, sal by al cal street adjacent t r
4. II urs. Hours of operation shall be limited td 6:00 a.m: to 10:00 p.m.
P. Thc f 11 win aitc design and budding standards shall a t all uscs permitted in
the BP 1 1 Overlay Z nes.
all wed, may nly be pen-rutted m
hca
s dis c
-her, it is mcidental
acccsa ry to a
equipment shall be surfaced with asphalt or concrete to ....uumize dust &oil
b. Thr ugh dna a AA a c mbmati n f bcrmmg and a variety of
VitTandscaping. Bcrmingsh uld consist f sl pes n t exceeding a 1:1 —trio.
'Plantings uscd t specifically screen views shall, at a muumuu., c mast fa
um (6) feet high ever species spaced on twelve t fifteen (12 15) feet
along the berm. All plantin shall be installed acc rchng to the City f
R sem unt's Landscaping Standards. Required Ian:heaping maintenance
security -feu planting screening shall be f r an additi nal rw (2) years.
t be a A-A effective ha_th d. Thcy shall c nsist f durable materials consistent
,hall Le au oclacc tli, .1 ...pact-and massing
f thc saucture.
3
2. Landscaping.
a. GT-it...Jai All areas f land thcr than that ccupbsd by buildm or
1
htthiseaping
the proper installati n f an undcrgr und irrigation syst m. P rti ns f the
one may be exempt from these requirements vhere future devcl pment or
planned expansion is anticipated r where other unique conditions mast,
acc rdancc with these standards In all such instances, these areas shall be.
(1) Graded and seeded or planted with prairie grass m acc rdance
with the City f Rosemount Gradin Requirements.
(2) Remain as undisturbed natural areas c ntairung exiating viable
natural vcgetati n that can be maintained free-of forci and nc‘i us
plant inatenal and will n t produce sod cc si n du, t p tcnual
increases in st rm water runoff.,
1
...ter Landscape islands shall be a
order to muurrnzc the unpacts o tat
c expanses of
form of islanda or indentations at the pc
from public right cd war
I. Set Backs: The f,11– .mg me,cased minimum yard set backs shall apply,.
Principal Arterial ROW...
a
Pipehn, ROW/Las—runts
PARKING
CIRCULATION
STRUCTURE
4
The height f the access ry structure ahall n t cacced that ,cf the principal structure.
stored within the principal structure r within an attached or dctachcd access —Ay
do r shall be pr stied n the fourth side of durable material which is c mpanLlc in
col r with the principal structure.
7. gigna 9>,ly w..&a.,1- fu,ta ,ding ground i..ommncnt signs shall Lc permitted
addict nal standards as follows:
sign shall be designed with a base structure of the saint exterior d eeiative
I ll fre. standing b round monument signs, if illumt..au_d, ahall be only indLect
with the light source fully diffused These signs shall be appropnatcly
other things, describe the unit mi type of sign to be all wed, Hannah ns of
a.at J.
8. Li All exterior lightin shall c dcaignc an arranged to direct illummanon
shall rate rp rate lenses, dtfleet rs, shields, louvers r prrsi.,aue control devices
the property line. A site hghtin plans may be required t insure comphancc with
not limited to r oft p structures related t elevators and other mechanical utilities,
5
project, it is physically imp asiblc r impractical t screen these utthncs thc City's
10. Under and Electrical Stn-iccs: NG building r structure Located to thc district
temporarily installed during site construcuon or r, parr of the underground system.
N changes m thc grade or c —tours of bind ab vc r adjacent t., thew facilities,
nce mstall.,d, shall be nm de with ut the appr vcd wi:tten c nscnt f the City
6.15 BP BUSINESS PARK DISTRICT:
A. Pu ose and Intent: The u ose of the BP Busmess'Park District is to.rovide f. r
the establishment of corporate headquarters businesses, health care offices and related
professional and service uses in an environment that provides a high level of amenities
including landscaping, preservation of natural features. and architectural standards
B. Permitted Uses: The following are permitted uses in the BP Business Park District:
1. Commercial Indoor Recreation.
2. Financial Institutions, Without Dnve Though'Facilities.
3. Light Manufacturing, Processing and Assembly Uses Conducted Entirely Within an
4 Enclosed Building.
4. Medical or Dental Clinics.
5. Motion Picture, Recording, Television and Radio Production Studios, excluding
towers or antennas.
6. Office- Showroom
7. Office Warehouse
8. Printing and Du plicat rig Shops.
9. Professional Service and Office Uses.
10. Pubhc Buildings and Uses.
11. Testin Research Laboratory Uses.
6
12. Transit Stations /Park and Ride Facilities.
13. Warehousing, Wholesahn and Distributio.. U3cs Conducted Entirely Within an
Lncl scd Buildia.g.
C. Accesso Uses. The followin: uses shall be .en accesso uses:
1. Off Street Parking or Loading for a Permitted, Conditional or Interim Use.
2. Overni•ht Slee.in Facilitates for Secure Personnel
3. Retail Sales of Products Manufactured, Fabricated. or Assembled On -Site Limited to
fifteen (15) percent of the Gross Floor Area of the Principal Building.
D. Conditional Uses: The following uses are conditional uses in the BP Business Park
District and are subject to the conditional use pemut provisions outhned m Ordinance
B.
1. Arenas, Convention Centers, Stadiums.
2. Business, Trade and Vocational Schools.
4. Commercial Bakerie
igkfil
3. Churches and Places of Worship. 'Churches and Places bf Worship must have direct
access to or be. }vithin three hundred(300) feet of a,collector, minor arterial, or
pnncipal arterial road.
5. Day Care Centers, Nursery and Montessori Schools.
breve- Through Facilities for Restaurants and Banks, subject to the requirements of
the C -3 District in Section 6.13 D.3
7. Eating and Drinking Establishments, Without Dnve Though Facilites.
8. Health and Athletic Club Facilities.
9. Hotels and Motels.
10. Outdoor Storage, subject to the following:
a. Outdoor display /storage or sales related to Motor and Recreational Vehicle
Trailer Boat or A ncultural Machine Sales or Rental is .rolubited.
b. The site and buildmg(s) shall be designed to limit the effects of outdoor storage
on adjacent properties and pubhc rights -of -way.
7
c. The outdoor storage area is limited to an area equal to twenty five percent (25
of the gross floor area of the principal building and shall contain only finished
products or work related vehicles.
d. The storage area shall be clearly identified on the approved site plan for the
project, may only be located in either a side or rear yard, and shall not encroach
into any required setback
e. Any outdoor storage area shall be enclosed by a one hundred Percent (100
opacity screen to a height equal to the item being screened but not more than
thir five (35) feet Any portion of the storage area adjacent to a pubhc nght -of-
way (ROW) or any non industrial use or district shall be screened by butldmg(s)
or screening wall(s) made of the same materials as the principal building and shall
not extend more than thirty fire (35) feet without a change m architecture to
reduce its mass and appearance. Those portions of the storage area adjacent to
any industrial use or district may be screened by fencing or the like.
f. The storage area shall be surfaced with concrete or an approved equivalent to
control dust.
g. The storage area shall not take up or interfere with access to. any required
parking loading, maneuvenng or pedestrian area.
h. The storage area shall be maintained iii a neat and orderly fashion.
i. The perimeter measurement of the outdoor storage shall be included m the
calculation of required foundation plantings.
N _Hpublic address system' shall be 'audible from a non commercial or non-
2 tindustnat use or district. w.
11. Satellite Dishes or Solar Collectors
12. Self Service Stora e Pacili r sub ect to the resuirements of the C -3 District in
Section 6.13.1111
f
13. Warehousing Wholesaling and Distribution Uses Conducted Entirely Within an
Enclosed Building.
14. Other uses similar to those in this district as determined b the Board of A
Adjustments subject issuance of a Conditional Use Permit..
DS
E. Interim Uses: The following uses are interim use in the BP Business Park District and
are subject to the interim use permit provisions outlined in Ordinance B.
1. None
eals and
8
Item
Increased Minimum Setback
Parldnv Circulation
Structure
Principal Arterial ROW
40 ft.
75 ft.
Minor Arterial ROW
35 ft
60 ft.
Collector ROW
30 ft
40 ft.
Railroad
10 ft
30 ft.
Non Commercial or Non-
30 ft. or 2 X Bldg Height*
30 ft. or 2 X Bldg. Height*
Industrial Uses/ Districts
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- 1 acre
5. Minimum Front Yard Setback:
a. Principal Structure. 30 feet
b. Accessory Structures.
6. Minimum Side Yard Setbacks:
a. Pnncipal Structures:
b. Accessory Structures.
7. Minimum Rear Yard Setbacks:
a. Principal Structures.
b. Accessory Structures```
9. Buffer Yard and Setback Increases: When a permitted. accessory, interim, or
conditional use abuts any of the items hsted m the table below, the applicable
increased minimum yard setback shall apply.
30 feet
10 feet
.10 feet
10 feet
10 feet
8. Parking Setbacks:
Minimum front yard setback:.... .20 feet
b. Minimum rear yard setback 10 feet
c. Minimum side yard setback: 10 feet
9
*Non Commercial or Non Industrial Uses /Districts: A buffer yard equal to thirty
(30) feet or two (2) times the height of the budding, whichever is greater, shall be
re.uired alon an side or rear ro.erty line abuttin any non commercial or non
industrial use or district The minimum buffer yard for any single occupancy
budding with a footprint equal to or larger than 40,000 square feet, but not greater
than 100.000 square feet, shall be increased by 50% of the required buffer yard.
Buffer yards for buildings with a footprint exceeding 100,000 sq. ft shall be
increased by 100 This area shall contain landscaping and berming to provide a
nine 90 ercent -o ac i screen to a he ht of at least six 6 feet and shall not
contain any structures. parkin off -street loading or storage. Should landscaping
and bermin be found ineffective b the CI the CI T ma a rove screenin• walls
and /or decorative fencing as an alternative. Screening walls shall be constructed of
the same materials as the .nna•a] buildm. and shall not extend more than
thin
(35) feet without a change in architecture to reduce their mass and appearance.
G. Site and Buildin• Standards To .revent`urban bh•ht and ensure`.uah lo n• lastin
construction compatible with both adjacent properties and those throughout the distract
all sites and buildings shall comply with the following standards, as well as apphcable
sections of Ordinance B.
1
f-g,„
1. Architectural Appearance: While variation in materials and colors that support the
general theme ma be allowed the overall buildm• shall have "360 De ee"
architecture. Non earth tone materials shall he limited to architectural accents. The
color of the non -bnck or stone portion of the buildmg shall match the predominant
bnck or stone color portion.
kg
a. En Features' Buildin entrances facet a ubhc n a
r
five
ht- of -wav or abuttin
aired
a rki n area shall be accented b visuall
leasin ent
features. This
feature shall extend a minimum three hundred (300) square feet around a single
entrance. Should the building have more than one entrance facing a pubhc right
of -way or abutting a required parking area this feature shall extend a minimum
one hundred and fifty (150) square feet around each individual entrance.
b. Corner architectural elements are encouraged to define the edges of a building.
2. Building Massing: Facades shall be articulated to reduce their mass and scale and
provide visual interest consistent with Rosemount's identity, character. and scale.
Lane uninterrupted budding walls or elevations are prohibited Any wall more than
one hundred (100) feet in length shall be divided into increments of no more than
thirty five 35 feet through the articulation of the facade This shall be achieved
through combinations of the following techniques:
a. Divisions or breaks in the materials.
b. Arcades. entry features, window bays or the hke.
c. Variations in roof lines or slope plane.
10
d. Variation in build pl ane or setback.
e. E. uivalent techm ues a
owed b the C
3. Permitted Materials: The exterior wall surfaces, except for windows. of all
buildings shall be constructed of brick natural stone s.ecia1 inte• al colored
concrete block (including textured. burnished, and rock faced block) file nry.
stone or clay), architectural textured concrete panels cast in place. precast concrete
panels or better. Unadorned concrete is prohibited.
4. Pedestrian Circulation: Appropriate provisions shall be made to protect
pedestrian areas from encroachments by parked or moving vehicles. Clear and well-
hted walkwa Ts shall extend throw hout the site and arkin areas connector
building entrances to adjacent pubhc sidewalks and any parking faci ittes located on
the site.
',f
a. A walkway at least six (6) feet wide shall extentalong any facade featuring a
buildin• entrance and an facade abuttin a required arktn• area.
b. A continuous and permanent concrete curb'nbt Less than six (6) inches above
ade shall se arate internal sidewalks from .ark in loadm• stackm and
maneuvering areas.
c. Concrete sidewalks, five (5) feeem width, §1ia71 be provided alonL an co llector
or arterial =street
5.
Lighting: Laghting `shall die consistent in character throughout the entire graem
site m Both design and bulb type
Any light fixture must be placed in such a manner that no hght enutting surface
is visible from any residential area or public /pnvate roadway. walkway trail or
Wither public way when viewed at ground level.
c. Li ht shall be directed toward the ound Externall ht s
dis
buildin
and aesthetic hghting must be ht from the top and shine downward. Lighting
must be shielded to prevent direct glare.
d. The level of hghtin shall not exceed 0 5 lumens at any residential property line
or 1.0 lumen at an T non residential .ro.e line
e. The maximum height for exterior hghting shall be thirty (30) feet. The
maximum height for exterior hghnng within 100 feet of a residential use or
district shall be 20 feet.
f. All non essential hghtingwill be required to be turned off after business hours
leaving only the necessary lightingfor site security.
11
6. Parking and Loading Areas. To reduce the impact of large expanses of paved
surfaces, screen loading areas, and provide adequate room for snow storage, all
p arkin g areas ncluding driveways and drive aisles) and loading areas adjacent to a
public nght -of -way or non industrial use district shall be screened and landscaped.
Trees, shrubs, flowers and ground cover needed m these areas shall be m addition to
the minimum number of trees and foundation planttngs requi bh Ordinance B.
No loading area may face a pubhc right -of -way or non industrial use or district
a. Screenin Landsca
and bermin shall be the
.u
arkin and loadm• areas. Should landsca m• and bermin
2. To ensure this landsca
include rocks or
not to exceed two feet m height
rima source for screenin
be found ineffective
by the City. the City may approve scre and /or decorative fencmg as
an alternative. Screening walls shall be constructed of the same materials as the
p rincipal building and shall not extend more than thirty five 35) feet without a
change in architecture to reduce their mass and appearance. Parking area
screening shall provide a minimum fifty (50) percent opacity screen to a height of
at least four (4) feet. Loading areas screeni shall p rovide a minimum tune
(9 percent opacityscreen to a h eight of at least eigh[een 18 feet.
b. Landscaping. A minimum of five (5) 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 minunum eight and one -half (8 5) feet
wide and extend the leng(h of the adjacent parking stall(s). These dimensions
may be altered to provide sufficient area for the proposed landscaping to
mature.
erl 'dis.ersed 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 cahper of at least two and one
half (2 5) inches. Coniferous trees shall be at least four (4) in height The
remaimn• area shall be landsca ed with shrubs or •ound cover not to
avel exce t as a mulch around shrubs and
ound cover
7. Landsca •in•: All areas of land other than those occu.ied b• buildin• or hardcover
shall be landscaped with a combinatton of sod and plantings. Rock or mulch may
only be used as an accent material around sod or plantmgs. Trees, shrubs. flowers
and ground cover needed m these areas shall be in addition to the minimum number
of trees and foundation plantings required by Ordinance B. All landscaped areas
shall be irrigated. Portions of the site may be exempt from these requirements with
City approval where future development or expansion is planned within a reasonable
penod of tune. These areas shall either be graded and seeded with prairie or
maintained •rass m accordance with the Ci of Rosemount Gradin Re.uirements
12
or remain as undisturbed natural areas containing existing viable natural vegetation
that can be maintained free of foreinn and noxious plant material and will not
produce soil erosion due to potennal increases in storm water runoff.
8. Trash Handli All trash rec elm• and related handhne e ui.ment shall be
stored in a manner consistent with the standards outlined in Section 5 -1 -3 or of the
City Code.
9. Signage: Only wall and freestanding ground monument signs shall be permitted in
the district in accordance with the 0 7 of Rosemount's Si Re! lations and these
additional standards as follows:
a. Freestandin• Ground Monument Si. s: A frees ound monument s
shall be designed with a base structure of the saine exterior decorative materials
as the principal structure on the site; and that extends from the sign co area
fully to the groun e xcept for architectural relief treatments. All freestanding
ground monument signs. if illuminated, shall use only indirect fight with the light
source fully diffused. These signs shall be appropriately landscaped and subject
to the same requirements for all landsca obi thethe proo_�rty.
b. Wall Signs: Wall signs shall consist of permanent high quality materials with
finished edges. No wood signs shall be permitted Where more than one (1),
wall si• is re. nested er buildm fronta. e 1 e a multi- tenant center a uniform
sign criteria shall be prescribed by the building owner, subject to review and
oval b the Ci The si• cntena shall anion 'other thin s describe the
uniform type of sign to be allowed, limitations of placement on the building, the
method of fastening, and the procedure for tenant sign approval.
10. Rooftop Utilities- The ground level view'of all rooftop equipment, including but
not limited to rooftop structures related to elevators and other mechanical utilities,
shall be screened from public nght -of -way and adjacent or nearby residential uses
and distracts. Screenm should be accom.lished b mco oratm r architectural
buil din de sign features such as a parapet wall or slop n2g roof structures. Wood
fencing shall not be permitted If due to factors unique to the property or the
project, it is physically impossible or impractical to screen these utilities; the City's
Planning Commission may approve alternative solutions that render them
aesthetically compatible with the building.
11. Underground Electrical Services: No building or structure located in the district
shall be served other than by underground electric, telephone and cable distribution
facilities. Poles, wires or other above ground distribution facilities may only be
tem orard installed durin• site construction or re air of the underground s 'stem.
No changes in the grade or contours of land above or adjacent to these facilities,
once installed shall be made without the a. roved wntten consent of the C
Engineer and the utility coin any providing such services.
13
Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect from and after its passage and pubhcation according to law.
ENACTED AND ORDAINED into an Ordinance this day of 2006.
ATTEST:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this
CITY OF ROSEMOUNT
William H Droste, Mayor
day of 2006.
14
City of Rosemount
Ordinance No. B-
AN ORDINANCE ADDING SECTION 6.16 TO THE
ZONING ORDINANCE B
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT,
that Ordinance B, adopted September 19, 1989, entitled "City
Ordinance," is hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Se
follows:
6.16• LI, LIGHT INDUSTRIAL DISTRICT:
A. Pu ose and Intent: The .ose of the LI L .ht Industrial Distract is to .rovide for
the establishment of manufacturing, warehouse, repair, business and related limited
service uses. The LI, Light Industrial Distnct is intended to include uses that may
require limited outdoor and vehicle /trailer storage but exclude more intensive industrial
uses.
B. Permitted Uses. The following are permitted uses in the LI Light Industrial District:
1. Business, Trade, and Vocational Schools.
2. Commercial Indoor Recreation
a
3. Commercial Use Antennatnd Towers, subject to the requirements of the Section
4.F General Building and Trade Contractor Office Uses
5. General Repair Services`, excluding Automotive Repair and the like
6. ManufacKifing, Processing, and Assembly Uses.
Jf
7. Motion Picture. Recordmgr, Television and Radio Production Studios
8. Professional Service and Office Uses.
11.6
9. Public Buildings and Uses
10. Satellite Dishes or Solar Collectors
11. Testing, Research Laboratory Uses
12. Transit Stations /Park and Ride Facilities
CITY OF ROSEMOUNT
MINNESOTA, ORDAINS
of Rosemount Zoning
coon 6.16 is hereby added as
13. Veteran. Services Includin. Kennels subject to:
a. The requirements of Chapter 7 -4 (Animal Control)
b. The site shall not be less than twenty (20) acres in size.
14. Warehousing. Wholesaling and Distribution Uses
C. Accessory Uses. The followm_ uses shall be
1. Off Street Parking or Loading for a Permitted, Conditional or Interim Use
2. Overnight Sleeping Facilitates for SecurityPersonnel
D. Conditional Uses. The following uses are conditional uses in the LI Light Industrial
District and are subject to the conditional use permit provisions outlined in Ordinance
B.
1. Automotive Repair. subject to the requirements of the C -3 District m Section
6.13.D.1
2. Landscape and Horti Services, subject to
c. All structures shall be located a minimum of seventy -five (75) feet from any
abutting residential use or district.
ermined accesso
a. A principal structure must be built on the site.
b. Landscape and Horticultural Services are subject to the performance standards
outlined in Section 6.17.D.6 for Outdoor Drs lay Storage or Sales.
Lumber and Construction Materials Businesses subject to:
a. A principal structure must be built on site.
6. Outdoor Storage, subject to the following:
uses:
b. Lumber and Construction Matenal Businesses are subject to the performance
standards outlined in Section 6.17.13.6 for Outdoor Display /Storag or Sales.
4. Motor Freight Terminals
5. Non Service Station Retail Facilities Having Gasoline Pumps. subject to the
requirements of the C -3 District in Section 6 13.D 7.
a. Outdoor display /storage or sales related to Motor and Recreational Vehicle
Trailer Boat or A. ncultural Machme r Sales or Rental is rohibited.
2
b. The site and building(s) shall be designed to limit the effects of outdoor storage
on adjacent properties and public rights -of -way
c. The outdoor storage area is litr ited to an area equal to fifty percent (50% of the
gross floor area of the principal buildmg.
d. The storage area shall be clearly identified on the approved site plan for the
project, may only be located in either a side or rear yard, and shall not encroach
into any required setback
e. Any outdoor storage area shall be enclosed by a one hundred percent (100
opacity screen to a height equal to the item being screened but not more than
thirty five (35) feet. Any portion of the storage area adjacent to a public right -of-
way (ROD( or any non industrial use or district shall be screened by building(s)
or screenm• w alls made of the same materials as the .rmci.al buildin• and shall
not extend more than seventy feet (70) without a change m architecture to
reduce its mass and appearance. Those portions of the storage area adjacent to
any industrial use or district may be screened by fencing or the like
f. The storage area shall be surfaced with concrete or an approved equivalent to
control dust.
g. The storage area shall not take up', b%'interfere with access to, any required
arkin• Ioadin maneuverin or edestrian area.
h. The storage area shall be maintained in a neat and orderly fashion.
i. The perimeter measurement of the oiitdobr storage shall be included in the
calculation of required foundation plahtin_s.
No pubhc address system shall be audible from a non commercial or non
ji•industrial use or dtstnct.
7. Self Service Storage Facilities, subject to requirements of the C -3 District in Section
6.13.D.11 except as follows:
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 fifty percent (50 °4) of the
area occupied by buildin
8. Other uses sunilar to those m this district as determined by the Board of Appeals and
Adjustments, subject issuance of a Conditional Use Permit.
E. Interim Uses• The following uses are interim uses m the LI Light Industrial District
and are subject to the interim use permit provisions outlined in Ordinance B.
3
1. Commercial Outdoor Recreation
2. Tem ora r Buildm' s Accesso to an A. roved Construction Pro ect Sub ect to:
a. Execution of an Interim Use Permit Agreement specifying the expiration of the
IUP and removal of the temporary builduze(sl.
b. Te nnporary buildings are subject to the Interim Use Permit standards findings
and conditions specified m Section 12.8 of this ordinance.
C. Tem ora buildml ma be exem.t from conformance with the following
standards of the zoning ordinance at the discretion of the City.
1. Supplementary Regulations Section 7.24k Building Type and Construction
Sub4:
2. Off Street Parkin oa• and Landsca Section 8.1.L Off Street
Parkmg Design and Construction Standards and Section 8.3 Landscaping
Requirements
eq.
3. Site and Building Standards for the LL bight Industrial District.
d. Temporary buildm shall conform to all other General Industrial District
standards specified within this ordinance and be setback 500 feet from ad of t ning
pubhc right-of-way or visually screened from public tight -of -way,
pubhc /institutional or residential districts or uses. If the building is not
a ..ro.ri atcl screened the Ci ma r re.uire additional landsca.in• or enhanced
treatment of the temporary structure.
e. Tem.ord buildin s are subject to Buildin• code ermits and re.uirements
Temporan- buildings are subject to Fire code permits and requirements.
g. The site must accommodate ade.uate .arkm• for the intended use
h. Site actin and drain a•e must com.l with City ordinances and En eenn
Guidelines The Cite may, at it's discretion waive some of the requirements if
alternative solutions are acceptable.
F. Lot and Building Requirements:
1. Minimum Lot Area:. .3 Acres
2. Minimum Lot Width. 240
3. Maximum Lot Coverage: 75
.5 Acres
4. Minimum District Size•
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Item
Increased Minimum Setback
Parking Circulation
Structure
Principal Arterial ROW
40 ft.
75 ft.
Minor Arterial ROW
35 ft.
60 ft.
Collector ROW
30 ft
40 ft.
Railroad
10 ft.
30 ft
Non Commercial fis Non-
30 ft. or 2 X Bldg. Height*
30 ft. or 2 X Bldg Height*
Industrial Uses /Districts
1. Minimum Front Yard Setback:
a. Principal Structure. 30 feet
b. Accessory Structures 30 feet
2. Minimum Side Yard Setbacks:
a. Principal Structures: 10 feet
b. Accessory Structures
3. Minimum Rear Yard Setbacks:
a. Principal Structures.
b. Accessory Structures.
10 feet
10 feet
10 feet
4. Parking Setbacks:
a. Minimum front yard setback:
b. Minimum rear yard setback....'.,..
c. Minimum side yard setback. 10 feet
5. Buffer Yard and Setbac1 Increases: Whert"a permitted. accessory. interim or
conditional use abuts any of the items listed in the table below, the applicable
increased minimum Tard setback shall a..h
20 feet
10 feet
*Non Commercial or Non Industrial Uses /Districts. A buffer yard equal to thir
(30) feet or two (2) tines the height of the building, whichever is greater, shall be
required along any side or rear property line abutting any non commercial or non-
industrial use or district. The minimum buffer yard for any single occupancy
buildin with a foo tint equal to or lar.er than 40 000 square fee but not reater
than 100,000 square feet, shall be increased by 501/4 of the required buffer yard.
Buffer yards for buildings with a footprint exceeding 100,000 sq. ft shall be
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increased by 100 This area shall contain landsca.ing and berming to provide a
ninety (90) percent opacity screen to a height of at least six (6) feet and shall not
contain an structures arkm• off street loadm or stora• e Should landsca
ovc screenm
and bermm• be found ineffective b T the Ci the Cite- may a
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 thirty five
(35) feet without a change in architecture to reduce their mass and appearance
G. Site and Buil. in Standards. To
revent urban bli• ht and ensure
atible with both ad acent •r ernes and those throu•hout the distric
construction com
all sites and buildm• s shall com l with the followin standards, as well as applicable
sections of Ordinance B
1. Architectural A
uali lon• lastin
earance: While variation materials and col.rs that su ort the
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general theme may be allowed. the overall building shall have "360 Degree"
architecture. Non earth tone materials shall be linuted to architectural accents. The
color of the non -brick or stone portion of the building shall match the predominant
brick or stone color portion
a. Ent Features, Buildm• entrances facin• a .ublic ri ht -of -wa or abuttin• a
required parking area shall be accented by visuallleasing entry features This
feature shall extend a minimum three hundred (300) square feet around a single
entrance Should the building have more than one entrance facing a public right
of -way or abuttm• a re uired .arkm area this feature shall extend a nutumum
one hundred and fifty (150) square feet around each individual entrance.
b. Corner architectural elements are encouraged to define the edges of a building.
2 Building Massing Facades shall be articulated to reduce their mass and scale and
provide visual interest consistent with`Rosemount's identity character, and scale.
Large uninterrupted building u-alls or elevations are prohibited. Any wall more than
one hundred (100) feet m length shall be divided into increments of no more than
seventy (70) feet through the articulation of the facade. This shall be achieved
through combinations of the following techniques:
a. Divisions or breaks in the materials.
b. Arcades entry features window bays. or the like.
c Vanations m roof lines or slope plane.
d. Variation m building plane or setback.
e. E uivalent techn i. ues
oved b the CI
3. Permitted Materials: The exterior wall surfaces. except for windows, of all
buildm• s shall be constructed of bnck natural stone ecial interral colored
concrete block (includin textured burnished and rock faced block), the (maso
walls
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stone or clay), architectural textured concrete panels cast m place, precast concrete
panels or better Unadorned concrete is prohibited.
4. Pedestrian Circulation: Appropriate provisions shall be made to protect
pedestrian areas from encroachments by parked or moving vehicles. Clear and well
h hted wallcwa •s shall extend throu hout the site and arkin area s connector
building entrances to adjacent public sidewalks and any parking facilities located on
the site.
a. A walkway at least six (6) feet wide shall extend along any facade featuring a
building entrance and any facade abutting a required parking area.
b. 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.
c. Concrete sidewalks, five (5) feet in width, shall be provided along any collector
or artenal street.
txf
5. Lighting: Lighting shall be consistent in chatac (r throughout t erit property
site, m both desig and bulb t} ie
a. Any light fixture must be placed iii such a manner that no light emitting surface
is visible from any residential area or public /private roadway, walkway, trail or
other pubhc way when viewed at ground level.
b. Li ht shall be directed toward the •round. Externall• lit s s dis•lay buildin
and aesthetic lighting must be ht from the top and shine downward. Lighun
must be shielded to prevent direct glare.
The level of h• htin shall not exceed 0.5 lumens at an residential •ro er line
0 lumen at an non residential
d. The maximum hei ht for exterior h• htin shall be th 30 feet. The
axu-num height for exterior lighting within 100 feet of a residential use or
distract shall be 20 feet.
e. All non essential lighting will be required to be turned off after business hours,
leavin• oral; the necessa li• htin for site secun
6. Parking and Loading Areas: To reduce the impact of large expanses of aved
surfaces screen loading areas, and provide adequate room for snow storage, all
parking areas (including driveways and drive aisles) and loading areas adjacent to a
pubhc right -of -way or non industrial use district 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.
No loadin area may face a pubhc right-of-way or non industrial use or distract.
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a. Screenin
Landsca in and bermin• shall be the
rima source for screenin
arkin and loadm• areas. Should landsca.in and bermin
be found ineffective
by the City. the City inav 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 seventy (70) feet without a
change m architecture to reduce their mass and appearance Parking area
screenin shall provide a nunnnum fifty (50) percent opacity screen to a height of
at least four (4) feet. Loading areas screenin sh
g all provide a minimum ninety
(90) percent opacity screen to a height of at least eighteen (18) feet.
b. Landscaping. A minimum of five (5) 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 6f 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) m 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 td exceed two feet m height.
7. landscaping. All areas of land other than those occu ied 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 lao ntings. Trees shrubs, flouters
and ground cover needed m these areas shall be in addition to the minimum number
of trees and foundation plantings required by Ordinance B. All landscaped areas
shall be rrri•ated. Portions of the site ma be exem t from these re.uirements with
City approval where future development or expansion is planned within a reasonable
period of tune. These areas shall either be graded and seeded with prairie or
maintained ass in accordance with the Ci of Rosemount Gradin• Re.uirements
or remain as undisturbed natural areas containing existing viable natural vegetation
that can be maintained free of foreign and noxious plant matenal and will not
produce soil erosion due to potenual increases m storm water runoff.
8. Trash Handli All trash rec cline and related handbill esui.ment shall be
stored in a manner consistent with the standards outlined in Section 5 -1 -3 and of the
City Code.
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9.
na e: Onl wall and freestandin ound monument s s shall be ermitted in
Si
the district in accordance with the City of Rosemount's Sign Regulations and these
additional standards as follows:
a. Freestanding Ground Monument Signs. A freestanding ground monument sign
shall be designed with a base structure of the same exterior decorative materials
as the principal structure on the site: and that extends from the sign copy area
fully to the m ound, except for architectural relief treatments All freestanding
ground monument signs, if illuminated, shall use only indirect light with the hght
source fully diffused These si s shall be appropriately landscaped and subject
to the same requirements for all landscaping on the property
b. Wall Si. s: Wall si• s shall consist of .ermanent hi •h .uality matenals with
finished ed res No wood signs shall be permitted Where more than one (1)
wall sign is requested per building frontage (t e., a multi- tenant center l. a umfonn
sign criteria shall be prescribed by the building owner subject to review and
approval by the City. The sign cntena shall. among other things, describe the
uniform type of sign to be allowed limitations of placement on the building, the
method of fastenm• and the •rocedure for tenant sv a .royal.
10. Roofto Utilities. The ound level view of all roofto
me
e •ui.
mcludin• but
not limited to rooftop structures related to elevators and other mechanical utilities
shall be screened from pubhc right- of -wav and adjacent or nearby residential uses
and districts. Screemn• should be accom.hshed b into oratin• arclutectural
building design features such as a parapet wall or sloping roof structures Wood
fencing shall not be permitted. If due to factors unique to the property or the
.x o'ect it is hvsicallv ini.ossible or im racttcalto screen the e utilities the CI is
Planning Commission may approve alternative solutions that render them
aesthetically compatible with the building.'
11:' Underground Electrical Services: No building or structure located in the district
shall be served other than Wunder round electric telephone and cable distnbution
facilities. Poles, wires or other above- ground distribution facilities may only be
tem orarily installed dunnt site construction or re. air of the under•round s stem
No changes in the grade or contours of land above or adjacent to these facilities
once installed shall be made without the approved written consent of the Ci
Engineer and the utility company providing such services.
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Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect from and after its passage and publication according to law.
ENACTED AND ORDAINED into an Ordinance this day of 2006.
ATTEST:
Linda Jentink, City Clerk
CITY OF ROSEMOUNT
WilJiam H Droste, Mayor
Published in the Rosemount Towii Pages ges is
th day of 2006.
l'i
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