HomeMy WebLinkAbout9.a. Industrial Districts Zoning Text Amendment for BP - Business Park and LI - Light Industrial Districts Case 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:
New Business
PREPARED BY: Jason Lindahl, A 1.0 P
Assistant City Planner
AGE i u A
ATTACHMENTS: Revised BP Business Park Ordinance,
New LI Light Industrial Ordinance, An
Ordinance Creating Definitions for the
Terms Office Showroom, Office
Warehouse, Light Manufacturing, and
Medium Manufacturing, Memo from City
Attorney, Letter to Property Owners, PC
Minutes of 2 -28 -06 and 1- 11 -06,
Comments from Property Owners
APPROVED BY:
RECOMMENDED ACTION: Staff recommends the City Council
motions:
Section 11
make the following
of the City Code Regarding
of the Rosemount City Code
the Rosemount City Code
Office Warehouse, Light
1. Motion to adopt an Ordinance amending -4 -15
the BP Business Park Zoning District.
2. Motion to adopt an Ordinance amending Section 11 -4 -16
Creating the New LI Light Industrial District.
3. Motion to adopt an Ordinance amending Section 11 -1 -4 of
Creating New Definitions for the Terms Office Showroom,
Manufacturing, and Medium Manufacturing.
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: April 4, 2006
EXECUTIVE SUMMARY
SUMMARY
This item was uutiated by staff to update and simplify the City's industrial zoning districts 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 common BP Business Park classification, the uses (permitted, accessory,
conditional, and interim) and performance standards for both the BP district and LI Light Industrial
district would be updated and a new LI District would replace the existing Industrial Park zoning district.
As part of these zoning text amendments, staff also offers new definitions for the following four terms:
Office Showroom, Office Warehouse, Light Manufacturing, and Medium Manufacturing Copies of the
proposed amendments are attached for your review. Staff recommends approval of these zoning text
amendments.
PREVIOUS ACTION
Both the City Council and Planning Commission have reviewed these items. The City Council reviewed
these amendments during a work session on March 22, 2006 while the Planning Commission held public
hearings during their January, February, and March meetings.
City Council
During their March work session, the City Council's review focused on the issue of outdoor storage in the
Business Park. Staff explamed that since the Business Park land use classification authorizes low impact
light industry, general office development, and supporting commercial services, the Council has the ability
to zone properties within the Business Park land use designation either LI Light Industrial or BP
Busmess Park if they believe it complies with the intent of the Business Park land use designation. Gwen
this scenario, staff suggested two options regarding outdoor storage in the Business Park zoning district.
The Council could either authorize outdoor storage as a conditional use throughout the Business Park
zoning district (as recommended by the Planning Commission) or choose to rezone selected properties in
need of outdoor storage to Light Industrial (which allows outdoor storage through a conditional use
permit) on a project by project basis. After some discussion and hearing from Bruce Rydeen of Cerron
Properties, the Council directed staff to remove outdoor storage from the Business Park zoning district
and elected to consider outdoor storage for properties with a Business Park land use classification on a
project by project basis based on how the given project compares with the goals and pohcies of the
Comprehensive Plan.
Planning Commission
There were three maul topics of concern for residents and business owners during the Planning
Cotnmisston's review. 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 in 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 m the BP District
subject to conditions. The third area of concern during the public hearings was notice of the meetings
During each meeting, staff explained that they met the statutory notice requirement by publishing notice
of the proposed text amendments and associated public hearings in the local paper In addition, the
Commission directed staff to mail notice of the March meeting along with copies of the draft 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. Under the current zoning ordinance single family residential uses
are non conforming. The amended text does not change this condition. In verbal comtnuntcanon 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 m February of this 2006. 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
2
BACKGROUND
With the adoption of the proposed text amendments, staff also recommends adoption of the following
four amendments to the Definitions section of the Zoning Ordinance. These four defuuttons are key to
the Business Park and Light Industrial zoning 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. Lip to fifty percent (50 of the gross floor area
of the structure may be used for the display of merchandise and equipment, and its sale to a customer
where delivery of purchased 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 materials that are
inflammable or explosive or that create hazardous or commonly 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.
4. Medium Manufacturing. The compounding, processing, packaging, treatment, or assembly of
certain products from processed or unprocessed raw materials, where the finished product is
noncombustible and nonexplosive. This manufacturing may produce noise, vibrations, illumination,
or particulate that is perceptible to adjacent land users, but is not offensive or obnoxious. Odors
produced on -site shall not have a matenal negative effect on other businesses or properties in the area.
This use shall include any packaging of the product being manufactured on -site. Examples include but
are not limited to the production of the following: glass products made from manufactured glass; clay
and pottery products; food and beverages; candy and other confectionery products; computer
hardware; products made from rubber, plastic, or resin; converted paper and cardboard products;
fabricated metal products made from semi finished metals.
Staff changed Warehousing, Wholesaling and Distribution uses from conditional to permitted uses. While
the Planning Commission though these uses should be conditional because of the potential to have a
significant number of loading docks and associated truck traffic, staff finds that most other communities
permit these uses within their Business Park districts and address the potential issues related to loading
docks and truck traffic through screening performance standards Additionally, the Planning Commission
was concerned about potential traffic impacts associated with warehousing and distribution. This use may
be similar to manufacturmg, in terms of traffic generation, due to the shipping of raw material and finished
product. The Council also seemed supportive of uses such as UPS, or Simon Dehvenes which would be a
distribution use rather than manufactunng or office. If the Council wants this use to be a conditional use
rather than pernutted, consistent with the Planning Commission recommendation, that change should be
part of the motion to approve.
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. That item is up for your consideration later on the agenda. Staff
anticipates bringing the GI General Industrial Districts back to the Planning Cornnussion in April and to
3
the City Council in 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 distnct.
CONCLUSION
Attached are ordinances revismg the BP Business Park zoning distract, creating the new LI Light
Industrial zoning district and estabhshing new definitions for the terms Office Showroom, Office
Warehouse, Light Manufacturing, and Medium Manufacturing In these texts, the new language is
underlined while the delete language is sti.ickcn thr,ugh Staff recommends approval of these ordinances
based on the findings they are consistent with the goals and pohcies of both the Comprehensive Plan and
the 42/52 Land Use plan approved by the Council in July of 2005 Should the Council choose to not
approve these amendments at this cline, staff recommends also tabling action on the associated BP
Business Park zoning reclassification.
4
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING SECTION 11 -1-4 OF THE ROSEMOUNT CITY CODE
CREATING NEW DEFINITIONS FOR THE TERMS OFFICE SHOWROOM, OFFICE
WAREHOUSE, LIGHT MANUFACTURING, AND MEDIUM MANUFACTURING
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is
hereby amended as follows:
Section 1.
follows:
Rosemount Zoning Ordinance B, Section 11 -1 -4 is hereby amended as
Office Showroom: A facility in which the handhng of information or the performmg 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 equipment, and
its sale to a customer where delivery of purchased merchandise is made directly to the ultimate
consumer from a warehouse.
Office Warehouse: A building with gross floor area consisting of at least 15 percent finished
office space, m addition to warehousing and distribution uses including storage, wholesale, and
distribution of manufactured products, supplies, and equipment, but excluding bulk storage of
materials that are inflammable or explosive or that create hazardous or commonly recognized
offensive conditions.
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.
Medium Manufacturing. The compounding, processing, packaging, treatment, or assembly of
certain products from processed or unprocessed raw materials, where the finished product is
noncombustible and nonexplosive. This manufacturing may produce noise, vibrations,
rllununation, or particulate that is perceptible to adjacent land users, but is not offensive or
obnoxious. Odors produced on -site shall not have a material negative effect on other businesses
or properties m the area. This use shall include any packaging of the product being
manufactured on -site Examples include but are not limited to the production of the following:
glass products made from manufactured glass; clay and pottery products; food and beverages;
candy and other confecuonery products, computer hardware; products made from rubber,
plastic, or resm, converted paper and cardboard products, fabricated metal products made from
semi finished metals
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:
James D. Verbrugge, Deputy City Clerk
CITY OF ROSEMOUNT
William H. Droste, Mayor
Published in the Rosemount Town Pages this day of 2006.
AN ORDINANCE AMENDING SECTION 114-15 OF THE ROSEMOUNT CITY
CODE REGARDING THE BP BUSINESS PARK ZONING DISTRICT.
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zotung
Ordinance," is hereby amended as follows:
Section 1.
and replaced as follows.
6.15: BP BUSINESS P RIC D< �JST'.
A. Purp se and Intent. This diatrict i„ Liend&
c rn by et.hanced building and sitc perf rmancc stand
high quality dcv.1 pmcnt and provide an effective transition to residential uses.
herein:
BP 1 This z nc pc es for planned industrial, access ry c inmctcial, and office uaca.
a .d in accordance with the a
,ar
BP 2 This z ,.c provides fox busincaa
.(ercl.B 63,61196)
City of Rosemount
Ordinance No. B-
Rosemount Zoning Ordinance B, Section 11 -4 -15 is hereby stricken
ace mm date new, m dcrn, hi
andardo as s,.t -cuith m ono Ordinance.
n3 pr fcssional fficc, limited i...a.ufacturing and
1
1. Business and Professional Offices
2. Manufacturing, Custom X X
3. Manufacturing, Limited and Accessory Uses, but
a
sales as a principal use X X
4. Warchousing and Distribution X X
5 Who esahna- and Accesory Uses but,
outdoor display
7. Testing and Res arch Development
8. Business, Trade Vocational Schools
42
13
courts, spas, pools, and gymnasiums
Radi Television Broadcasting Stations, but
excludin., towers and antennas
Financial Institutions and Banks
Health Care Facilities including hospitals, clinics,
as nursing homes, sanitariums, or institutional uses
self or express service bu„ines„es as a principal use
15. Day Care Centers Nursery and Montess ri Schools
16 Central Building -a
Shops and Offices
17. Commercial Bakeries
Sects n 642-
(Ord B-423764-4-9-6)
(Ord. B 72, 11 5 96)
{Ord. B 53, '1 18 75)
D. Conditional Uses.
X
X
X
X
X X
X
X X
X
X
X
X
hip rcgardLso of rcli 3 affthatioa.
thrce hundred (300') fcct f a c llcct r, nun r arterial, or princi alartcnal
„trcct (Ord. 13 135 9 16 03)
roducta t cust men may be pertmttcd as accessory t
standards.
2
1. L cation
fire codes for thc City f Rosemount.
G.
a. e.
the BP 1 1 Overlay Z nee:
i re f thc foil wing mc.rauxca:
a. Tl. plac thc buildin on the 1 t.
along the ban, All plantin shall be installed according to thc City of
with thc c lux and appearance f the r rmcipal stir uct ire. �crecmng walla
f the structure.
3
2. Landscapui
a. General. All ALCA3 of land other than that occupied by building or
DlS nflCd expansion is anticipated or W. 1—rc ther anique condmons exbt,
(-4) -Citadcd and seeded or planted with pramc 5r£133 in acc rdancc
with the City of Rosemount Grading
(2) Remain as undisturbed natural areas containing cxistint, viable
met ase., m storm water runoff.
I
from puLlic ri of way in order t minimize the trnpacts of large expanses f
payed suefaccs. Screening sh uld be acc mplidied by the use f a e mbinati n of
shall be defined at all cd curb and guttcr with a desi as rcqaircd by City
Standard:,
4. Set Backs: The following increased minimum yard sct backs shall apply:
PARKSNC
e
1—krt 0 7.5
Ms.: Arterial R 35 60
10.
4
structure Where an access
do r shall be pro idcd .i the f urtli side f durable is.atc
color with thc principal structure.
als as d. principal structxrc on thc s
i.,atc
P r pcitl•.
tcna..t ,i approval.
structure is u,ed it shall provide f r walls n three
te, and which extends fr in the
5
A. Pu
Lnciii shall not be permitted. If dac to fact rs unique t thc pr petty to the
pr ject, it is physically imp soible or i ..piacucal t screen these utihnes, the City'a
aesthetically compatible with thc building.
o .af nd ,.djacent r nearby residential uaea
tructure 1 cated in the distiict
temporarily installed duwvig rite constructs n or repair f the thici aground system.
once installed, shall be made with ut the appr s ed w 'ttcn conacnt f the City
11 -4 -15: BP BUSINESS PARK DISTRICT:
ose and Int n
The
ose of the BP 'Business Park District is to
ovide for
the establishment of co
orate head
u
ofessional and service uses that do not r
wire outdoor stor
rters businesses health care offices and related
e m 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 Drive Though Facilities.
i.•s�
3
Li ht Manufacturim Processin. and Assembl Uses Conducted Entirel r Within an
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 Duplicating Shops.
9. Professional Service and Office Uses.
10. Public Buildings and Uses.
6
11 Testing, Research Laboratory Uses.
12. Transit Stations /Park and Ride Facilities.
13. Warehousing, Wholesaling and Distribution Uses Conducted Entirely Within an
Enclosed Building.
C. Accessory Uses. The following uses shall be permitted accessory uses:
1. Off -Street Parking or Loading for a Permitted, Conditional or Interim Use.
4.
Slee.m• Facihta
2. Ove ht
es for Sec
Personn
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 m the BP Business Park
District and are subject to the conditional use perrmt provisions outlined m Ordinance
B.
1. Arenas, Convention Centers; Stadiumss.
2. Business Trade and Vocational Schools:
3. Churches and Places of Worship. Churches an 'Places of Worship must have direct
access to or be :within three hundred (300) feet of a collector, minor arterial, or
principal arterial road.
Commeteial Bakenes.
5Da Care Cent r" Nurse
and Montesso
hools.
6. Dnve- Through Facilities for Restaurants and Banks, subject to the requirements of
the C -3 Distract in Section 11- 4- 13.D.3
7. Eating and Diinking Establishments Without Drive Though Facilities.
8. Health and Athletic Club Facihties.
9. Hotels and Motels.
10. Satellite Dishes or Solar Collectors.
11. Self- Service Storage Facility _subject to the requirements of the C -3 District in
Section 11- 4- 13.D.11
12. Other uses similar to those m this district as determined by the Board of Appeals and
Adjustments, subject issuance of a Conditional Use Permit..
7
E. Interne Uses: The followin. uses are interim use in the BP Bus' ess Park District and
are subject to the interim use permit provisions outlined in Ordmance B.
1. None
F. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area. I 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 30 feet
6. Minimum Side Yard Setbacks:
8. Parking Setbacks:
a. Principal Structures 10 feet
b. Accessory Structures 10 feet
7. Minimum Rear Yard Setbacks:
a Principal Structures. 10 feet
b. `Accv Structures: 10 feet
a. Minimum front yard setback: .20 feet
im
b. Minimum rear yard setback. 10 feet
c. Minimum side yard setback. 10 feet
9. Buffer Yard and Setback Increases: When a permitted. accessory. interim, or
conditional use abuts any of the items listed m the table below, the applicable
increased nvmmum yard setback shall apply.
8
Item
Increased Minimum Setback
Parking, Circulation
Structure
Pnncinal 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- ommexcial or Non-
30 ft or 2 X Bldg Height*
30 ft. or 2 X Bldg. Height*
Industnal Uses /Districts
*Non Commercial or Non Industrial Uses Districts: A buffer 'ard e.ual to
(30) feet or two (2) times the height of the buildin whichever is Treater shall be
required along any side or rear property line abutting any non commercial or non-
industrial use or district. The minimum buffer -ard for an sin le occu an
buildin with a foo rmt e ual to or lar er than 40 000 s
than 100 000 uare feet shall be increased by 50% of th
Buffer yards for buildings with a footprint exceeding 100 000 sq. ft shall be
increased by 100°,0. 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, parkin. off street loading or storage. Should landscaping
and berming be found ineffective by the Citythe City may approve scieenin walls
and /or decorative fencing as an alternative Screenin2g 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 Building Standards. To prevent urban blight and ensure quahty long lasting
construction compatible with both adjacent properties and those throughout the district,
all sites and buildin shall com.1 with the follounn_ standards as well as a licable
sections of Ordinance B.
1. Architectural Appearance While in materials and colors that support the
general theme may be allowed the overall building shall have "360 Degree"
(j' 'architecture. Non earth tone materials shall be hinted to architectural accents. The
color of the non -bnck or stone portion of the budding shall match the predominant
brick or stone color portion. ti�-
a. n Features Building entrances facin. a 'public ri_ ht-of -wa or abuttint a
e.nired .arkm• area shall be accented b visuall leasm_ en 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 tight-
of-way or abutting a required parking area, this feature shall extend a I- um-num
one hundred and fifty (150) square feet around each individual entrance.
uare feet but no
e re buffer
eate
ard.
b. Cotner 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.
Lax e uninrerru ted buildtn walls or elevations are rohibited Aire wall more than
h shall be divided into increments of no more than
9
five (35) feet through the arti cular on of the faca This shall be achieved
through combinations of the following techniques:
a. Divisions or breaks in the matenals.
b. Arcades, entry features, window bays, or the like.
c.
Va
ations in roof Imes or slope plane.
d. Variation in building plane or setback
e. E. un-alent techm ues a i roved b the Ci
sistent in character thro
3. Permitted Materials. The exterior wall surfaces except for windows of all
buildings shall be constructed of brick natural stone s ecial ate al colored
concrete block (including textured, burnished, and rock faced bl ock) tiles masonry
stone or clay), architectural textured concrete panels cast in place, precast concrete
panels or better. Unadorned concrete is prohibited.
4. Pedestrian Circulation: Appropnate provision shall be made to protect
pedestrian areas from encroachments by parked or moving vehicles. Clear and well-
h hted walkwa rs shall extend thro •hout the site and .arktn• area connectin
building entrances to adjacent pubhc sidewalks and an;t parking facilities located on
the site.
a. A walkwaq'at least six (6) feet wid& shall extend along any facade featuring a
buildin entrance and an facade aliuttm• a re.uired .arkm• area
b. \"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 arterial street
5. Li htin Lv htm shall be co
site. m both desig3 and bulb rime.
a. Any,lht fixture must be placed in such a manner that no light emitting surface
is visible from any residential area or public /pnvate roadway, walkway trail or
other ublic wa when viewed at ound level.
hout the entire
o'er
c. Light shall be directed toward the =lad. Externally lit si 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 an non residential ro.erty Ime
10
6.
e. The maximum height for exterior lightmg shall be thirty (30) feet. The
maximum hei•ht for exterior lvhtin 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 hghmig_for site security.
and Loadi
Areas: To reduce the
Parkin
surfaces
ovide screenin and su
ade
un
uate room for snow stora e all
a
areas (including driveways and drive aisles) adjacent to a2ublic n _ght- of-w or n on
industrial uses or districts shall be screened and landscaped. Trees. shrubs, flowers
and ground cover needed in these areas shall be in addition to the nunimum number
of the same required by Ordinance B These screening standards shall also apply to
l reas with the additional requirement that no loading area may face a public
tight -of -way or non- uidustnal use or district.
a. Screening. Landscaping and berming shall be the •rima source for screening
arkm• and loadin• areas. Should landsca m and bermin• be found ineffective
by the Citv the C may ann rove screenmgwalls and /or decorative fencing as
an alternative. Screenmg walls shall be constructed of the same materials as the
principal building and shall not extend more than tbirty five (35) feet without a
thane m architecture to reduce their mass and appearance. Parking area
screening shall p nv ide a minunum fifty percent opacity screen to a height of
at least four (4) feet.. Loading areas screening shall provide a minimum ninety
90 ercent o •aci screen to a height of at least erhteen 18 feet.
b. Landscaping A mirunium of five (5) percent of the parking area shall be
landscaped. This landscaping shall be located on islands, peninsulas or the like
within the imeter of the arkin area.
ct of lar e ex
anses of
aved
km
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.
;F
2. To ensure this landsca m_ is •ro 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 capper of at least two and one
half (2 5) inches Coniferous trees shall be at least four (41in height. The
remaining area shall be landscaped with shrubs or ground cover (not to
include rocks or avel exce t as a mulch around shrubs and ound cove
not to exceed two feet in height.
11
7. Landscaping: All areas of land other than those occupied by building or hardcover
shall be landscaped with a combination of sod and plantings. Rock or mulch may
only be used as an accent material around sod or plantings. Trees shrubs flowers
and ground cover needed in these areas shall be in addition to the minimum number
of trees and foundation plantings required by Ordinance B All landscaped areas
shall be irrigated. Portions of the site may be exempt from these requirements with
Ci a where future develo•m tit or e n ion is .lanned within a reasonable
period of time. These areas shall either be graded and seeded with prairie or
maintamed 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 mcreases in storm water runoff.
S. Trash Handhn•: All trash re cline and related handlin• e.m.ment shall be
stored in a manner consistent with the standards outlined in Section 5 -1 -3 or of the
City Code.
9. Sign ge: Only wall and freestandin• found monument sv s shall be ermined in
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 matenals
as the principal structure on the site, and that extends from the sign cope area
full, to the ground except for architectural relief treatments. All freestanding
ound monument st• s if illuminated shall use onl indirect ll ht with the h ht
source fully diffused. These signs shall be appropriately landscaped and subject
to the same requirements for all landscaping on the progeny,
b Vall Si s: Wall signs shall consist of .ermanent •h •uah materials with
finished edges. No wood signs shall be permitted. Where more than one (1)
wall s m is re uested .erbuildin fronta•e i.e. a multi- tenant center a uniform
sr
criteria shall be
rescnbcd b
the buildm
owner
sub ect to review and
approval by the City. The sign criteria shall. amongother things, describe the
uniform type of sin to be allowed, limitations of placement on the building the
method of fastenm and the •rocedure for tenant sv a roval.
10 Roofto Utilities The ound level view of all roofto e•ui.ment includin• but
not limited to rooftop structures related to elevators and other mechanical utilities,
shall be screened from ubhc n ht- of -wav and ad acent or nearb residential uses
should
and districts Sc
fished b inco oratm• architectural
building desini 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
.r ect it is h 'sicall un• ossible or un tactical to screen these utilities the C s
Planning Commission may approve alternative solutions that render them
aesthetically compatible with the building.
12
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
oraril installed dune• site construction or re air of the underground s stem.
ATTEST:
em
es m the ade or contours of land above or ad acent to these facilities
made
without the
oved written consent of the Ci
No chan
once installed shall be
Engineer and the utility company providing such services
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.
James D. Verbrugge, Deputy City Clerk
CITY OF ROSEMOUNT
SKlilltam H. Droste, Mayor
Published in Rosemount Town Pages this day of
13
AN ORDINANCE AMENDING SECTION 114-16 OF THE ROSEMOUNT CITY
CODE CREATING THE NEW LI LIGHT INDUSTRIAL DISTRICT
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOYTA, ORDAINS
that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning
Ordinance," is hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Sectic 41 -416 is hereby added as
follows:
11 -4 -16: LI. LIGHT INDUSTRIAL DISTRICT:
A. Pu ose and Intent: The .0 ose of the LI L :hi Industrial District is to .rovide fo
the establishment of manufacturin- warehouse
service uses The LI. Light Industrial District is intended to include uses that may
require hunted outdoor and vehicle /trailer storage but exclude more intensive industrial
uses.
business and related Iurut
B. Permitted Uses. The following are permitted uses iri the LI Light Industrial District:
1. Business, Trade. and Vocational Schools.
4
3. Commercial Use Antennas and Towers. Subject to the requirements of the Section
2. Commercial Indoor Recfhation
11 -9 -6
4, r General Buildingand Trade Contractor Office Uses
5. General Repair Services, excluding Automotive Repair and the like
6. Light Manufacturing. Processing, and Assembly Uses.
7. Motion Picture, Aee Television and Radio Production S dios
8. Professional Service and Office Uses.
City of Rosemount
Ordinance No. B-
9. Public Buildings and Uses
10. Satellite Dishes or Solar Collectors
11. Testin Research Laboratory Uses
12. Transit Stations /Park and Ride Facilities
1
13.
B.
Ve erin
Services Includin Kennels subject
a. The requirements of Chapter 7 -4 (Am mal.Control�
b. The site shall not be less than tw newt y (20) acres in size.
c. ,All structures shall be located a seven -five 75') feet from any
abutting residential use or district.
14. Warehousing Wholesaluig and Distribution Uses
C. Accesso Uses. The folio in uses shall be enmtted accesso uses.
1. Off -Street Parking or Loading for a Permitted. Conditional or Interim Use
um of
2. Overnight Sleeping Facilitates for Secunty Personnel
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
1. Automotive Repair. subject to the requirements of the C -3 Distract in Section 11-4
13.D.1.
2. Landscape and Hortieultural Services subject ton.:
a. A principal structure must be built on the site.
b. Landscape and Horticultural Services. subject to the requirements of the GI
District Seetion 11- 4- 18.D.6 fox Outdoor Display/Storage or Sales.
Fittnber and Construction Materials Businesses, subject to:
a. A principal structure must be built on site.
b. Lumber and Construction Material Businesses, subject to the requirements of the
GI District Section 11- 4- 18.D.6 for Outdoor Displav /Storage or Sales.
4. Medium Manufacturing, Processing, and Assembly Uses
5. Motor Freight Terminals
6. Non Service Station Retail Facilities a Gasoline Pum.s subject to the
requirements of the C -3 District in Section 11- 4- 13.D.7.
7. Outdoor Storage, subject to the following.
2
a. Outdoor display/storage or sales related to Motor and Recreational Vehicle,
Trailer Boat or A ncultural Mad Sales or Rental is arohibited
b. The site and building(s) shall be designed to limit the effects of outdoor stora
on adjacent properties and pubhc rights- wavway.
c. The outdoor stora• a area is limited to an area equal to fifty percent (50 of the
gross floor area of the principal buildin g.
d. The storage area shall be clearly idennfied 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
opacitq' screen to a height equal to the item being screened but not more than
thirty five (35) feet. Any pornon of the storage area adjacent to a public right -of-
wa (ROW' or any non industrial use or district shall be screened by building(s)
or screening wall(s) made of the same materials as the principal building and shall
not extend more than seventy feet (70) without a change m arclutecture 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.
The storage area shall be surfaced with concrete of an approved equivalent to
control dust.
g. The storage area shall not take up. or interfere With access to. any required
parking, loadm.. maneuvering or pedestrian area.
h. 77ie itorage area shall be maintained in a neat and orderly fashion.
The perimeter measurement of the outdoor storage shall be included in the
calculation of re aired foundation .lan tin _s
Nbl'public address system shall be audible from a non commercial or non-
industrial use or district.
8. Self- Service Storage Facilities, subject to requirements of the C -3 District in Section
11- 4- 13.D.11 except the following.
ace and there shall
outdoor
a
b
a. All s shall be maintained in the sto
storage of any products, equipment or other material within the stora e facile
rovided however o. en storat e for licensed o erable recreation vehicles shall
be permuted, provided the amount is not mote than fifty percent (50 of the
area occupied by buildm
•e s.
no
9. Other uses similar to those in this distract as determined by the Board of Appeals and
Adjustments, subject issuance of a Conditional Use Permit.
3
E. Interim U es: The followin uses are interim uses in the LI Lt• ht Industrial Distr ic
and are subject to the interim use permit provisions outlined in Ordinance B.
1. Commercial Outdoor Recreation
2. Tem.ora Buildin_ s Accesso to an A. roved Construction Pro ect Sub ect to:
a. Execution of an Interun Use Permit Agreement specifying the expiration of the
IUP and removal of the temporary building(s).
b. Temporary butldm ss are subject to the Interim Use Permit standards, findmes
and conditions speafied m Section 11 -10 -7 of this ordinance.
c.
e.
g.
buildin s ma be exem t from conformance with the following
standards of the zoning ordinance at the discretion of the City-•
em ora
1. Su .lement. Retulanons Section 11 -5 -2.' Buildm• T e and Construction
Sub e
2. Section 11 -6 -1.L Off -Street Parking Design and Construction Standards and
Section 11 -6 -3 Landscaping Requirements.
3. Section 11 -4 -16 G Site and Building Standards for the LI Light Industrial
District
d. Temporary buildi gs shall conform to all othef General Industrial District
standards specified within dus ordinance, and be setback 500 feet from adjoining
ublic ri ht -of -way or visuall screened from ublic ri ht- of -wav
public /institutional or residential districts or uses. If the building is not
a. -c ate screened the C ma re.uire additional landsca.in or enhanced
treatment of the temporary structure.
temporary buildings are sib _iect to Building code permits and requirements.
E. Temporary buildings are subject to Fire code permits and requirements.
The site must accommodate adequate parking for the intended use.
e must com.I It with Ci ordinances and En
h. Site •radm• and draina
Guidelines. The City may, at it's discretion waive some of the requirements if
alternative solutions are acceptable.
enn
F. Lot and Buildin Requirements:
1. Minimum Lot Area: ...3 Acres
2. Minimum Lot Width. 240
4
Item;,
Increased Minimum Setback
Parking Circulation
Structure
Principal Artenal 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
3. Maximum Lot Coverage. 75%
4. Minimum District Size. .5 Acres
1. Minimum Front Yard Setback:
a. Principal Structure. 30 feet
b. Accessory Structures: 30 feet
2. Minimum Side Yard Setbacks:
a. Principal Structures
b. Accessory Structures.
3. Minimum Rear Yard Setbacks:
a. Principal Structures 10 feet
b. Accesso Structures:.....
increased minimum yard setback shall app y-
mdustnal use or district. The miiuinum buffer a
con.' tonal use abuts an of the items hsted in the table below the hcable
cv
10 feet
10 feet
.10 feet
4. Parking Setbacks:
a. Minimum front yard setback 1: n„ 20 feet
b. Minimum ear •ard setback 10 feet
c. Minh ium side yard setbac 10 feet
5$tuffer Yard and Setback Increases: When a permitted, accessory, interim, or
*Non Commercial or Non Industrial Uses /Distracts: A buffer yard equal to thirty
430) feet or two (2) times the height of the building, whichever is greater, shall be
e.uired alone any side or rear .ro )er line abuttunt any non commercial or non-
d for an
le occ
5
building with a footprint equal to or larger than 40.000 square feet but not greater
than 100 000 s uare feet shall be increased b 50% of the re cored buffer lard.
Buffer yards for btuldm
exceedin
s.. ft. shall be
increased by 100% This area shall contain landscaping and bernung to provide a
nine 90 p ercent o screen to a height of at least si (6) feet and shall not
contain any structures, parking, off- street loading or storage. Should landscapin•
and bermmg be found ineffective by the City, the City may approve screening walls
and/or decorative fencing as an alternative. Screening walls shall be constructed of
the same materials as the -Inc i al buildui• an. shall not extend more than tlur fwe
35 feet without a chan• in architecture to reduce their mass and a earance
G. Site and Building Standards. To prevent urban bhght and ensure quali lo ng lasting
construction compatible with both adjacent properties and those throughout the district,
all sites and buildings shall comply with the followmg standards, as well as apphcable
sections of Ordinance B.
1. Architectural Appearance. While variation in materials and colors that support the
general theme may be allowed, the overall building shall have "360 Degree"
architecture. Non earth tone materials shall be hmited to architectural accents. The
color of the non -brick or stone portion of the building shall match the predominant
back or stone color portion.
a. Entry Features. Building entrances facinl a subtle
required parking area shall be accented by visually pleasing entry features. This
feature shall extend a minimum three hundred (300) square feet around a single
entrance. Should the buildmr have more than one entrance facet. a .ublic ri•ht-
of -way or abutting a required parking area thus feature shall extend a minimum
one hundred and fifty (150) square feet around each individual entrance.
b. Comer architectural elements are encouraged to define the edges of a building.
Building Massing: Facades shall be articulated to reduce their mass and scale and
rovide visual interest'consi t•nt with Rosemount's idenu 7 character and scale.
Large uninterrupted building walls 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. rcades en t features window ba s or the
c. Variations in roof lines or slope plane.
d. Variation in building plane or setback.
e. Equivalent techniques approved by the City
of -way or abuttin
a
a
6
3. Permitted Materials: The exterior wall surfaces, except for windows. of all
buildmes shall be constructed of back, natural stone, specialty integral colored
concrete block mcludtn textured burnished and rock faced block tile maso
stone or cla r) 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. Cleat and well-
hghted walkways shall extend throughout the site and parking area(s) connecnng
building entrances to adjacent public sidewalks and any parking facilities located on
the site.
a. A walkway at least sLY 6 feet wide shall extend alb n• an fa a.e fea
building entrance and any facade abutun. a required parking area.
ap a,'•
b. A continuous and permanent concrete curb hot 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 Shan be provided alon any c� ollector
or arterial street.
5. Lighting: lighting shall be consisten m character dit% ghout the entire property
site JAL. design and bulb n tie.
a. An h ht. fixture must be .laced in such a manner that no lieht emit surface
is visible from any residential area or public /private roadway, walkway, trail or
other .ubhc a7 when viewed at ound level.
s
and aesthetic hnn must be lit from the to and shine downward Li•htm
ht shall be directed toward the ound. Externall G'
maximum het
district shall be 20 feet.
6. Parkin. and Loadi Areas: To reduce the im act of lar
ee
dis
la buildin
must be shielded to prevent direct glare_
c. The level of lighting shall not exceed 0.5 lumens at any residential pro e line
or 1 0 lumen at any non residential property line.
d. The maximum hei.ht for exterior hhtme shall be thir 30 feet. The
ht for exterior h• him. within 100 feet
of a residential use or
e. All non essential lighting will be required to be turned off after business hours,
leavm• only the necessai h:htin for site security,
uses of
ed
rovide screenm
and su
ade
uate room for snow stora
all
a
a
kin
surfaces
areas (including driveways and drive aisles) adjacent to a public right -of -way or non-
industrial uses or districts shall be screened and landscaped Trees, shrubs. flowers
and ground cover needed in these areas shall be m addtnon to the minimum number
7
of the same required by Ordinance B These screening standards shall also apply to
loading areas with the additional requirement that no loading area may face a public
right -of -way or non industrial use or district.
a. Screening Landscaping and benning shall be the p�ary source for screening
parking and loading areas. Should landscaping and ber be found ineffectiv
by the City, the City may approve screening walls and /ox 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_(7) feet without a
change m architecture to reduce their mass and appearance Parking area
screening shall provide a minunum fifty (50) percent opacity- screen to a height of
at least four U feet. Loading areas screemn shall rovide 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
landsca ed. This landsca in shall be ideated on islands .emnsulas or the e
widen 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 parkingstall(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' nnnimum of one island,
peninsulas or the like shall be located within each 6,000 square feet of
vehicular use area:
3. mirumum`of one tree shall be re uired for each 250 s. uare feet or fra Lion
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
remamin area shall be landsca.ed with shrubs or ound covet not to
include rocks or ,gravel except as a mulch around shrubs and ground coverl
not to exceed two feet in height.
7. Landscaping: All areas of land other than those occupied by building or hardcover
shall be landscaped with a combination of sod and plantings. Rock or mulch may
only be used as an accent material around sod or plantings. Trees, shrubs flowers
and ground cover needed in these areas shall be in additton to the minimum number
of trees and foundation planting required by Ordinance B. All landscaped areas
shall be irrigated. Portions of the site may be exempt from these requirements with
City a proval where future development or expansion is planned within a reasonable
period of time. These areas shall either be graded and seeded with prairie or
maintained ass m accordance with the C r of Rosemount Gradm• Re.turements
or remain as undisturbed natural areas containing existing viable natural vegetation
that can be maintained free of fore r and noxious lant material and will not
produce soil erosion due to potential increases in storm water runoff.
8
8. Trash Handling: All trash, recycling and related handling equipment shall be
stored in a manner consistent with the standards outlined in Section 5 -1 -3 and of the
City Code.
9. Si na e: Onl r wall and freestandin round monument st s shall be ermitted in
the distract m accordance with the Cit of Rosemoun Sign Regula and these
additional standards as follows:
a. Preestandine Ground Monument S s: A freestandtnt 'sound monume si•
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 ground, except for architectural relief treatments. All freestanding
round monument si is if illununated shall use only indirect li•ht with the •ht
source fully diffused. These signs shall be appropriately landscaped and subject
to the same re.uuements for all landsca in on the ro.e
uali
materials with
b. Wall Si• s: Wall si• s shall consist of .ermanent hi
finished edges. No wood signs shall be permitted. Where more 'than one (1)
wall sign is requested per building frontage (i.e a multi- tenant center). a uniform
sign criteria shall be prescribed by the building owner, subject to review and
al b. the Ci The s1• criteria shall among other throes. describe the
uniform type of stop to be allowed, limitations of placement on the building. the
method of fastenin and the rocedure for tenant s a s •royal.
a
0
h
10. Rooftop Utilities: The ground level view of all roofto e ui ment, including±ut
not hmited to rooftop structures related to elevators and other mechanical utilities,
shall be screened from public right -of -wa and ad acent or nearby residential uses
and districts Screemn. should be accom.hshed b r into .oratin
architectural
building design features such as a parapet wall or sloping roof structures Wood
fencm, shall not be ermitted If due to factors um.u to the .ro.er or the
.,.i4;project it is physical nnpossible 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 b underground electric tele hone and cable distribution
facilities. Poles, wires or other above ground distribution facilities may only be
temporarily installed during site construction or repair of the underground system
1Vo ch afes in the grade or contours of land above or adjacent to these facilities,
once installed shall be made without the a• •roved written consent of the C
com. roeidm r such services
E_nagineer and the uali
9
Section 2. EFFECTIVE DATE. This Ordinance shall be in full
effect from and after its passage and publication according to law. force and
ENACTED AND ORDAINED into an Ordinance this day of
2006.
A 1 1ES T:
James D. Verbrugge, Deputy City C1&k
CITY OF ROSEMOUNT
-William H. Droste, Mayor
Published in the Rosemount Town Pages this day of 2006.
10
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 distncts. 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
9 RosEMOuNT
March 3, 2006
Re: Proposed Changes to the BP Business Park, LI Light Industrial, GI General
Industrial Zoning Standards.
Dear Property Owner.
You are receiving this letter as courtesy notification that the City of Rosemount is considering
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 atnckcn tla ugh
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 renew this item a third time on March 14, 2006 at
6:30 p.m, in 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 Cotxunusion 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 Commission
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 Jason hndahlithla.rosemount.tnn.us.
Sincerely,
ason Lundahl, A I.C.P
Assistant City Planner
Enclosure
COMMUNITY DEVELOPMENT
SPIRIT OF PRIDE AND PROGRESS
Rosemount City Hall 2875 145th Street West Rosemount, MN 55068 -4997
651- 423 -4411 TDD /TTY 651 -423 -6219 Fax 651- 423 -5203
www.ci 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. Lindahl reviewed the staff report. 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. Currently, the City has seven industrial distracts: Business Park 1, 2, 3,
and 4, Industrial Park, Waste Management, and General Industrial Staff is proposing
changes to the Business Park, Industnal Park, and General Industrial Distncts. Mr. Lindahl
noted the changes to the zoning distncts were based upon Commission comments and staff
also developed continuity in appearance and standards.
Mt. Lindahl 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. Lindahl stated the current zoning ordinance has specific definitions
for manufacturing limited or manufacturing custom. The gist of the differences is the higher
standards for certain manufacturing processes such as producing can good versus or refilling
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 permitted m 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 permitted uses; and move warehousing, wholesaling 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 defirton for office
warehousing. Commissioner Schwartz stated she would like motor freight terminals moved
to a different distnct.
Mr. Lindahl reviewed the changes and additions to the general mdustraal district.
Chairperson Messner asked for clarificanon 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 traps. Chairperson Messner suggested
that both uses should be treated as Interim use permits.
Chairperson Messner opened the Public Hearing.
MOTION by Zurn to close the Public Hearing. Second by Schultz. Ayes: AIL
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 Business Park Zoning Text Amendment Assistant City Planner Lindahl
reviewed the staff report. Mr. Lindahl noted if the Commission recommended approval of
the amended Busmess Park District, staff would forward it on to the City Council on March
21" for formal approval. In conjunction with the approval, staff will be presenting rezoning
and Comprehensive Plan amendments for the residential portion of the Business Park to the
appropnate residential land use and zoning categories. Staff will come back to the
Commission at the March 14 meeting with similar amendments to reguide and rezone the
Business Park 1, 2, 3, and 4 districts into the new BP Business Park District. Staff
anticipates banging the Light and General Industrial Distncts 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 distnct. Staff
plans to complete the text amendments, Comprehensive Plan amendments, and rezoning
within the term of the moratorium. Mr. Lindahl stated additional mformation from Business
Park property owner's Vic's Crane and Dakota Fence has been distributed for Commission
review.
Commissioner Zum questioned whether cormercial 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 in the distract.
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 primary 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 JJT
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 Sr 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. Public 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 Distract 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 ui the south.
Mr. Lindahl expanded on the comments by stating that Business Park is a broad category for
the Comprehensive Plan regarding. 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 designadons. 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 Crame would not be a permitted use. The issue should have been
discussed more in depth when the regurding 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 in the Business Park
Commissioner Schultz asked for an explanation of accessory uses that are incidental to
principal uses. Mr. Pearson stated accessory uses are intended to be supportive of the
principal or prunary 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 Business 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 moratorium was put in 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 industnal 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 in the Business Park District is inconsequential as the amendments
proposed is to ehnunate outdoor storage in the Business Park. If you want to have outside
storage, staff needs to know which way the Commission 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 in relation to how the existing businesses will be
affected. It appears other property owners would be interested in voicing their concerns
related to the prohibition of outdoor storage. Cornnussioner Powell recommended
continuing the action to March 14' to allow additional business and property owners a
chance to voice their opinions. Commissioner Zurn 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,
1 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 Fig
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?
Z will attend -bz.Q, rn 1.2-4-il
Bernice J. Wenzel
2829 E 145th St Rosemount, MN 55068 651 423 2317 0
322 5487 H
Lindahl,Jason
From: Mark Hebert (mrhebert @msn,com]
Sent: Tuesday, March 07, 2006 4.31 PM
To: Lindahl,Jason
Jason,
Page 1 6f 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.
0.4 (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
kir
R YA
414 NM
February 24, 2006
Mr. Jason Messner
Planning Commission
City of Rosemount
2875 145 Street East
Rosemount, MN 55068
FEB 2 2006
f OS
CRANE HEAVY HAUL,
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
Re: Proposed Amendment to Business Park Zoning Districts
Dear Chairman Messner,
Vic's Crane Heavy Haul, Inc. Arc'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 concem 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 Toss.
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
dean 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 requinng high -cost
improvements or restrictions. We also ask to be allowed to build our administrative
building and other future buudings needed to enhance both our business and the look of
our property.
Sincerely,
Vic's Crane Heavy Haul, Inc.
Carolyn Wenzel Hickman
Owner
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNEOSTA
RESOLUTION NO. 2006-
A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -168
AN ORDINANCE AMENDING THE ROSEMOUNT CITY CODE BY STRIKING
SECTION 11 -4 -15 REGARDING THE BP- BUSINESS PARK ZONING DISTRICT AND
REPLACING IT WITH SECTION 11- 4 -15 -1 THE NEW BP- BUSINESS PARK
DISTRICT
WHEREAS, the Planning Commission of the City of Rosemount recommended City Council
approval of these amendment after the Planning Commission reviewed the amendment during a
work sessions on November 22, 2005 and by holding pubhc hearings on January 10, 2006, February
28, 2006, March 14, 2006, and
WHEREAS, the City Council of the City of Rosemount reviewed the amendment during a work
session on March 22, 2006; and
WHEREAS, the City Council of the City of Rosemount held a First Reading of this amendment on
April 4, 2006; and
WHEREAS, the City Council of the City of Rosemount adopted Ordinance No B -168 An
Ordinance Amending the Rosemount City Code by Striking Section 11 -4 -15 Regarding the BP-
Business Park Zoning District and Replacing it with Section 11- 4 -15 -1 the New BP- Business Park
Distract; and
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows pubhcation by title and summary
in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public of
the intent and effect of the Ordinances
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the
Deputy City Clerk shall cause the following summary of Ordinance No B -168, to be published m
the official newspaper in lieu of the enure ordinance.
Pubhc Notice
During their April 4, 2006 meeting, the City Council of the City of Rosemount adopted Ordinance
No. B -168, an Ordinance Amending the Rosemount City Code by Striking Section 11 -4 -15
Regarding the BP- Business Park Zoning District and Replacing it with Section 11- 4 -15 -1 the New
BP- Business Park District.
The new ordinance consolidates the BP -1, BP -2, BP -3 and BP -4 Districts into one common BP-
Business Park Distract. In addition, the new Ordinance reformats the text, reclassifies permitted,
accessory, conditional and interim uses, updates the site and building standards and eliminates
outdoor storage.
The full text of Ordinance No. B -168 is available for inspection at the Rosemount City Hall during
regular business hours.
Resolution 2006-
NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No B -168
shall be kept in the City Clerk's office at City Hall for pubhc inspection and a full copy of the
ordinance be posted m the lobby of City Hall.
ADOPTED this 4th day of Apnl, 2006 by the City Council of the City of Rosemount.
ATTEST:
James D Verbrugge, Deputy City Clerk
William H Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against:
Member absent
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNEOSTA
RESOLUTION NO. 2006-
A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -169 AN
ORDINANCE AMENDING SECTION 11 -4 -15 OF THE ROSEMOUNT CITY CODE BY
ADDING SECTION 11- 4 -15 -2 CREATING THE NEW LIGHT INDUSTRIAL DISTRICT
WHEREAS, the Planning Commission of the City of Rosemount recommended City Council
approval of this amendment after the Planning Commission reviewed the amendment dung a work
sessions on November 22, 2005 and by holding public hearings on January 10, 2006, February 28,
2006, March 14, 2006; and
WHEREAS, the City Council of the City of Rosemount reviewed the amendment during a work
session on March 22, 2006; and
WHEREAS, the City Council of the City of Rosemount held a First Reading of this amendment on
April 4, 2006; and
WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -169 an
Ordinance Amending Section 11 -4 -15 of the Rosemount City Code by Adding Section 11- 4 -15 -2
Creating The New Light Industrial District, and
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary
in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public of
the intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the
Deputy City Clerk shall cause the following summary of Ordmance No. B -169, to be published in
the official newspaper m lieu of the entire ordinance:
Public Notice
During their Apnl 4, 2006 meeting, the City Council of the City of Rosemount adopted Ordinance
No. B -169 an Ordinance Amending Section 11 -4 -15 of the Rosemount City Code by Adding
Section 11- 4 -15 -2 Creating The New Light Industnal Distnct.
The new ordinance outlines new uses and performance standards in the Light Industrial District.
The purpose of the LI, Light Industnal District is to provide for the establishment of
manufacturing, warehouse, repair, business, and related limited service uses. The LI, Light
Industrial District is intended to include uses that may require limited outdoor and vehicle /trailer
storage but exclude more intensive industrial uses.
The full text of Ordinance No. B -169 is available for inspection at the Rosemount City Hall during
regular business hours
NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B -169
shall be kept in the City Clerk's office at City Hall for public inspection and a full copy of the
ordinance be posted in the lobby of City Hall
ADOPTED this 4th day of Apnl, 2006 by the City Council of the City of Rosemount.
ATTEST:
James D. Vetbrugge, Deputy City Clerk
Wilham H. Droste, Mayor
Resolution 2006-
Motion by: Second by:
Voted ui favor:
Voted against
Member absent: