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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: