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HomeMy WebLinkAbout2.a. Industrial Districts Zoning Text Amendment for the GI-General Industrial and HI-Heavy Industrial DistrictAGENDA ITEM: Case 06 -33 -TA Industrial Districts Zoning Text Amendment for the GI General Industrial and HI Heavy Industrial District AGENDA SECTION: bKcucs 1 on PREPARED BY: Jason Lindahl, A I.C.P. Planner AGENDA NO. ZA ATTACHMENTS: Minutes from the 07 -25 -06 PC Meeting, Comments from CF Industries, Dixie Petro Chemical, Flint Hills Resources, Spectro Alloys and Joseph Atkins on Behalf of Lawrence Lenertz, Jr Draft copies of the GI General Industrial, HI Heavy Industrial Districts, and Definition Changes, Draft Zoning Map, Setbacks Map APPROVED BY: RECOMMENDED ACTION: Review and Direct Staff. It ROSEMOUNT PLANNING COMMISSION City Council Work Session August 9, 2006 Planning Commission Public Hearing: August 22, 2006 Tentative City Council Meeting September 26, 2006 EXECUTIVE SUMMARY SUMMARY As a result of studying the uses and development standards in the GI General Industrial district, staff initiated an examination of these standards by the Planning Commission. The Commission reviewed the existing standards as well as suggested changes from staff during Work Sessions held in April, May and June of 2006 During the last meetmg, the Comnussion found the draft ordinance prepared by staff to be ready for distribution and review by the public. As a result, the Commission directed staff to mail the draft text to all property owners either zoned or guided GI General Industrial. The only property owners not notified where those properties recently re- guided to commercial from industrial that have not had their properties rezoned. The thought being that this was a new change to the property's land use and the City had no intention of changing those properties back to industrial. The properties are in the Highway 3 /County Road 46 area but do not include the current industrial uses along County Road 46. In addition, die Commission directed staff to nonce and schedule a public hearing to review this item and receive public comment dunng the regular July 25, 2006 meeting Attached for your review are draft copies of the revised GI General Industrial District, a new HI Heavy Industrial District, new definitions for the terms Heavy Manufacturing, Outdoor Storage, and Recycling Operation, as well as a map illustrating how the current GI District could be reallocated based on the uses and performance standards outlined in these distracts. Draft Graduated Setbacks and Screening for Principal Structures in the HI Heavy Industrial District Height of Structure Setback Screening Requirement 0 to 10 Feet 75 feet 100 Opacity Screen Equal to the Height of the Structure Being Screened 11 to 200 Feet 300 Feet No Screening Required PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review these items on July 25, 2006 During the meeting, staff presented these items and focused their comments on the five key issues raised through the review process (see below). After the presentation from Staff, the Commission opened the public hearing for comment Many of the comments echoed those made by staff but emphasized their concerns about the changes creating non conformities on their sites (see attached minutes and comments from businesses) 1. How to include CF Industries, Continental Nitrogen, and Dixie Petro Chemical in the Heavy Industrial District? Because these businesses do not refine a raw matenal into a finished product that is combustible or explosive, they do not fall within the current definition of Heavy Manufacturing or any other permitted use listed m the current draft. Given that these business process, store and distribute chemicals, staff believes they should be included m the Heavy Industrial district. Staff has altered the definition of Heavy Industrial to include these sites as permitted uses. As previously stated m the work Sessions, all the industrial properties in the City are currently zoned General Industrial. The intent of staff was to make a new zoning category, Heavy Industrial, for those properties that rely more on equipment rather than buildings as an integral part of that operation Further, properties that use a significant amount of chemical or fertilizer in their operation would also be considered as Heavy Industrial There was no intention to institute a new zoning district for all existing businesses. Further the intent of this whole exercise, along with the changes to the commercial, was to upgrade standards m the mdustnal areas of the commumty, particularly the cast side The Heavy Industrial district should be apphed sparingly or there will be no discernable improvement in the future industrial properties in the commumty. 2. Setback Standards for Principal and Accessory Uses in the Heavy Industrial District. In the current draft of the Heavy Industrial district staff recommends a 300 foot setback for principal structures and a 75 foot setback for accessory structures Some businesses earmarked for the Heavy Industrial district have voiced concern with the impact of these setback standards on their existing site During the public hearing, the Commission upheld the recommended setbacks but direct staff to consider a staggered setback system based on the height of the apphcable structure. Staff is still waiting for specific height and setback information from the east side businesses. However, a potential graduated setback system is outlined m the table below. It is important to note that the current setback standard in the General Industrial District is 75 feet. Therefore, any existing structure within this setback is non conforming under the existing ordinance. While staff has met with some businesses to discuss optional setback standards, none of the businesses has provided specific information as to how the proposed setback could affect their site. Absent specific information from these businesses, staff plans to use the City's GIS to assess 2 the potential impact of the proposed setbacks. A copy of that map is attached for your reference. 3. Structure Height Standards in both the General Industrial and Heavy Industrial Districts. Similar to the setback issue, some businesses have concerns with these standards. In the current draft of the Heavy Industrial district staff recommends limiting the height of structures to 200 feet. During the pubhc hearing, the Commission supported the 200 foot standard, with additional height possible through a conditional use permit. Staff continues to meet with businesses regarding the height standard While there has been general discussion, some of these businesses have yet to provide specific information regarding the height of their existing structures Without specific information staff recommends maintaining the 200 foot hnut with the potential to increase to 300 feet for flame towers through a conditional use permit. In the current draft of the General Industrial district staff recommends limiting the height of principal or accessory buildings to 75 feet while Outdoor Structures are limited to 70 feet with the potential to be higher (with no set maximum) through a conditional use pernut During the pubhc hearing, the Commission supported these standards, with additional height possible through a conditional use permit. 4. Map Changes. After distributing the draft Industrial Districts map for comment, staff received several requests to alter the potential boundaries of proposed daft Heavy Industrial distract. First, Lawrence Lenertz requests that his 2 2 acre property located north of the Flint Hills Refinery remain General Industrial (see attached letter). Given this site is a truck terminal, with the vast majonty of the site being in Inver Grove Heights, staff is agreeable to this change. Second, as mentioned in Item 1 above, Dixie Petro Chemical requests to be included in the Heavy Industrial district. Given this site processes, stores and distributes chemicals, staff recommends it be included in the Heavy Industnal district. Third, CF Industries, Continental Nitrogen, and Flint Hills Resources have all requested expansions of the Heavy Industrial district over their property (see attached maps). These comments were echoed by the above mentioned businesses dunng the pubhc hearing. While the Commission noted that it was good to have these requests on record, they emphasized that the purpose of the pubhc hearing was only to address changes to the text. Any rezoning associated with the text amendment will occur at a later time. In discussing these requests, staff has reiterated the basis for the draft map is the existing General Industrial district zone. The direction from the Commission is to hnut the area of the Heavy Industrial district to the area of the existing business within existing General Industrial zone. All other requests to expand the Heavy Industrial district into areas outside of either the existing General Industrial district or the existing developed site of these businesses should go through a separate rezoning application. Moreover, staff intends to initiate this process by implementing zoning changes based on the 2020 Land Use plan after completing the industrial text amendment process. 5. What is a Recycling Operation? Currently, the ordinance defines this as "An area where used, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not hmited to, scrap iron, and other metals, paper, rags, bottles and lumber." Both Endres Processing and Spectra Alloys are concerned with this definition because they feel part of their operation falls within this definition and this use has been moved from a pernutted to a conditional use m the revised General Industrial district. After discussing this defuution with both parties, staff assured them that they do not meet this definition 3 because they use recycled materials to manufacture a finished product and therefore are considered Medium Manufacturing which is a permitted use within the General Industrial district. Nevertheless, they have requested that the definition for Recycling Operation be amended to exclude businesses that use recycled materials to manufacture a finished product. Staff is agreeable to this change (see attached definitions Ordinance) CONCLUSION Attached for your review are draft copies of the revised GI General Industrial District, a new HI Heavy Industrial District, new def for the terms Heavy Manufacturing, Outdoor Storage, and Recycling Operation, as well as a map illustrating how the current GI District could be reallocated based on the uses and performance standards outlined in these districts. The Planning Commission held a pubhc hearing to review these items on July 25, 2006 This hearing identified five key issues for discussion. Comments from local businesses, the Commission and staff are outlined above. Staff now requests comments from the City Council prior to these items returning to the Planning Commission on August 22, 2006 for the conclusion of the pubhc hearing. 4 Excerpt Minutes from 07 -25 -06 Public Hearings: 5.a. 06 -33 -TA General Industrial Text Amendment. Planner Lindahl reviewed the staff report. As a result of studying the uses and development standards m the GI General Industria] district, staff minted an examination of these standards by the Planning Commission. The Comnssion reviewed the existing standards as well as suggested changes from staff durmg Work Sessions held in April, May and June of /006 During the last meeting, the Commission found the draft ordinance prepared by staff to be ready for distribution and review by the public As a result, the Commission` directed staff to mail the draft text to all property owners either zoned or guided GI General Industrial. The only property owners not notified were those properties recently reguided to commercial from industrial that have not had their properties rezoned. The thought being that this was a new change to the property's land use and the City had no intention of changing those properties back to industrial. The properties are in the Hwy 3 /Coin ty Road 46 area but do not include the current industrial uses along County Road 46. In addition, the Commission directed staff to notice and schedule a public hearing to review this item and receive public comment during the regular July 25, 2006 meeting. y' For the Commission's review, Staff a Itched draft copies of the revised GI General Industnal District, a new HI Heavy Industrial District, and a map illustrating how the current GI District could be reallocated based- ori;the uses and performance standards outlined m these districts These texts are the sane dfcurnents reviewed by the Commission at the June 27 meeting and approved for distriliuted toethe public. The map includes recommended changes to the potential boundaries of proposed daft Heavy Industrial district As a reminder, in this text new language is underlined while delete language is etnckcn thrat L. w Mr. Lmdahl further xevieed the five main Issues: inclusion of three major businesses in the heavy industrial district; setback standards; height standards; map changes; and defuution of a recycling operation.': Mr Lmdahl also reviewed an Industrial District Zoning Comp Plan Comparison. Chairperson essner opene&the Public Hearing. Don Kern, Flint Hills Resources, 12555 Clark Road, Rosemount, Minnesota, expressed his thanks to the Staff and.the Commission. Mr. Kern reviewed the issues set forth in his letter sent to the Staff on July 25, 2006, and further distributed to the Commission. The issues consisted of heavy industrial boundaries, setbacks, height standards, outdoor storage and inconsistent uses. Chairperson Messner commented that the proposed changes may determine conforming and non confirming issues and questioned if Fhnt H lls would conform with the current GI zoning standards. Mr Kern responded that even tumor modifications may result m a non- conformance and they want to remain m conformance Chairperson Messner asked for clarification of the difference between accessory uses and principal uses with respect to the heavy industrial setbacks. Mr Lundahl responded that principal uses are those listed as "Permitted Uses" while accessory uses are those hsted as "Accessory Uses." Both categories have corresponding setback standards detailed within the ordinances. Carol Hickman, 29370 Randolph Blvd., Randolph, Minnesota, commented that the storage area requirement to have concrete surfaces and dust control causes financial and storm runoff concerns. Todd Phelps, Leonard, Street Demard, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402, representing CF Industries, Inc. approached the Commission and discussed three primary concerns of CF Industries, Inc.. that current operations remain a petmnted use on the property; the possibihty of creating non conforming uses with respect to height requirements and screenuig; and the ability to remain flexible m current operations with respect to use. For clanfication, Ms. Lindquist reported to the public that there has not been any changes to the previous draft of the ordinances or the map.. Darnel R. Tyson, Plaza VII, Suite 3300, 45 South Seventh Str Minneapolis, Minnesota 55402, representing Endres Properties, LLC., approached the Commission and reviewed the letter Endres Properties provided to the Staff and Commission. The Company's main concern is that portions of their site may become non- conformi g if the current draft is approved and inquired as to the procedures to follow to create the conformity if the current changes are approved. There was no further public comment. MOTION by Commissioner Howell to Continue the Public Hearing to the next Planning Commission meeting scheduled for August 22, 2006. Second by Schwartz. Ayes: All. Nays: None. Motion approved. Chairperson Messner askedif Commissioners had any questions. Staff indicated they plan to provide a revised definition of heavy industnal and recycling. The Commission continued to discuss the following main issues 1- Height lumitation. The Commission discussed the 70 foot height limitation within general industrial zoning for outdoor structures and 200 foot standard for heavy industrial zoning The 70 foot and 200 foot height standards were found acceptable by the Commission, given that taller structures may be approved through a conditional use permit. 2- Setbacks. Commission reviewed the setback map and discussed how industries would be affected if the 300 foot setback is approved The possibility of a more flexible, staggered setback was discussed and agreed upon. Future discussion will be needed on the parameters m setting the staggered setback. 3- Outdoor storage. The Commission discussed the requirement of paved surfaces with concrete or equivalent thereof to control dust Mr Lindahl clarified that the existing standard contains open ended language which allows customizing for particular apphcations that may come in The Commission upheld this standard. 4- Map Ms Lindquist clarified that no rezoning is being done at this time and that future discussion will be made on a piece by piece basis on zoning issues with respect to the comp plan. The comments made with respect to zoning requests are on record. The Commission did, however, agree with the area proposed by Flint Hills to be zoned heavy industrial located between Highway 52 and the Mississippi River. 5- Boat dealers. Mr. Lindahl confirmed again that the text'as; it is currently written was the last revision approved. However, it was determined after the last revision that boat dealers be deleted from the text. Todd Phelps, Leonard, Street Demard, 150 South Fifth Street, Suite 20, Minneapohs, MN 55402, representing CF Industries, Inc., main approached the Comniis4ion and further stressed the corporation's barge area, similar taFlint Hills, should be zoned heavy industrial and requested no setback requirement along the nverfront Follow up on this matter Pubhc Hearing has been continued to August 22, 2006. LEONARD STREET AND DEINARD July 10, 2006 VIA U.S. MAIL Ms Kimberly Lindquist Director of Community Development City of Rosemount 2875 145th Street West Rosemount, MN 55068 -4941 RE: CF Industries City of Rosemount Case No. 06 -33 -TA "Industrial Districts Zoning Text Amendment for the GI— General Industrial and HI —Heavy Industrial District" Our File No. 52478.00024 Dear Ms Lindquist 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 612 335-1500 MAIN 612- 335 -1657 FAX TODD M. PHELPS (612) 335-1871 todd. p he Ip s l e onar d com On behalf CF lndustnes, Inc. "CFI we are sending you this letter as a follow up to the Rosemount Planning Commission Work Session of June 27, 2006, and our meeting with Jason Lindahl on June 29, 2006 As a threshold issue, CFI wants to ensure that its use of its property, which has been ongoing for over the past 30 years, continues to be a permitted use and that no artificial legal nonconformities are created with respect to either the property or CFI's use of its property. Additionally, CFI desires to retain as much flexibility as possible for the future use of its property. Towards that end, and as requested by the Commissioners and Jason Lindahl, we are providing additional comments to the City of Rosemount regarding the proposed Text Amendments CF Industries "HI —Heavy Industrial District" As discussed at the Work Session and as indicated in our previous correspondence, CFI stores and distributes Anhydrous Ammonia and Liquid Urea Ammonium Nitrate (UAN) and other crop nutrients at its Pine Bend terminal /warehouse facility. After a thorough discussion and analysis of CFI's operations, the Commissioners indicated that CFI's use was "Heavy Manufacturing" and that its facility, together with any required setbacks, should be included within the "HI —Heavy Industrial District Accordingly, CFI respectfully requests the following revisions to the proposed Text Amendment. 11- 4- 16 -2(A). "Purpose and Intent: The purpose of the HI Heavy Industrial District is to provide for the establishment of uses which (i) store or distribute bulk materials. or (ii) refine and or store raw or unprocessed materials into a finished product which may be combustible or explosive or hazardous..." "Heavy Manufacturing" means "(i) the storage or distribution of bulk materials, or (ii) the refinement and or storage of raw or unprocessed materials into a finished product which may be combustible or explosive or hazardous These uses typically generate noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses and or require a significant amount of on -site hazardous chemical storage LAW OFFICES IN MINNEAPOLIS, SAINT PAUL, MANEATO, SAINT CLOUD AND WASHINGTON, D.C. A Professional ASSDalation 3475361 1 W W W LEONARD. COM City of Rosemount July 10, 2006 Page 2 11- 4- 16 -2(B). "Permitted Use: The following are permitted uses in the HI -Heavy Industrial District:. (5) Storage or distribution of bulk materials or hazardous materials 11- 4- 16 -2(C): "Accessory Uses. The following uses are permitted accessory uses m the HI —Heavy Industrial District (3) Outdoor Storage, subject to the following (g) Any outdoor storage area shall be setback and screened as follows .(4) For purposes of Section 11- 4- 16- 2(C)(3)(2), "public right -of -way" shall not include collector roads or navigable waterways." 1 1- 4- 16 -2(F) "Lot and Building Requirements....(5) Minimum Front Yard Setback (a) Pnncipai Structure.... 300 feet the lesser of (1) 200 feet, or (2) the height of the principal structure located adjacent to the Front Yard 11- 4- 16 -2(F). "Lot and Building Requirements ..(6) Minimum Side Yard Setback. (a) Principal Structure. 380 feet the lesser of (1) 200 feet, or (2) the height of the principal structure located adjacent to the Side Yard.'' 11- 4- 16 -2(F): "Lot and Building Requirements: (7) Minimum Rear Yard Setback. (a) Principal Structure: .300 feet the lesser of (1) 200 feet, or (2) the height of the principal structure located adjacent to the Rear Yard (b) Accessory Structure 75 feet (c) For purposes of Section 11- 4- 16- 2(F)(7). the Minimum Rear Yard Setback requirements shall not apply to any structure located along a navigable wateiway." CF Industries "GI— General Industrial District" The Commissioners indicated a desire to zone the undeveloped portion of the CFI facility (less any required setbacks) as "GI-- General Industrial District." As illustrated on the attached map, CFI is amenable to this suggestion. Unless CFI's use is retained as a conditional use in the General Industrial classification, in order to expand its operations in the future, CFI would have to petition to rezone part of its own property to Heavy Industnal This is a high legal burden as well as a lengthy and costly process that could require an amendment to the Rosemount Comprehensive Plan. CFI believes that a "middle ground" can be reached whereby CFI's use is listed as a conditional use in the General indusn lal District This provides the City with the review and control it desires and gives CH some flexibility in its plans Accordingly, CF[ respectfully requests that that the following provision be revised in the proposed Text Amendment 11- 4- 16 -1(D): "Conditional Uses. The following uses are conditional uses in the GI— General Industrial District and are subject to the conditional use permit provisions outlined in Ordinance B...(3) Fertilizer Storage and or Distribution of bulk materials or hazardous materials" Additionally, assuming that some of CFI's property remains in the General Industrial District, CFI requests that the proposed technical requirements within this District be revised as follows. 3475361 1 2 City of Rosemount July 10, 2006 Page 3 3475361 1 11- 4- 16 -I(C). 'Accessory Uses The following shall be permitted accessory uses in the Gi— General Industrial District (3) Outdoor Display /Storage or Sales. subject to the following. (b) The storage area shall be covered with paving, porous paving or gravel, or a combination thereof. If necessary, this covering shall include additional materials so as to comply with Section 11 -9 -1.0 (Residual Features: Dust, Dirt, Smoke. Odor. Gases) ii approstid cquisalcnt to central dust Encl cc. Jason Lindahl Scott Dohmen Tom Mollet Bill Droste Tim Keane 11- 4- 16 -1(C) "Accessory Uses The following shall be permitted accessory uses in the GI— General Industrial District (3) Outdoor Display /Storage or Sales, subject to the following 0) for purposes of Sections 11- 4- 16- 1(C)(3) and (4), "public rights -of- way" shall not include navigable water -ways or collector roads. as classified in Figure 4.1 -A of the City of Rosemount Comprehensive Plan." 1I- 4- 16 -1(F) "Lot and Building Requirements (7) Minimum Rear Yard Setback f) Minimum Rear Yard Setbacks shall not apply to rear yards that are adjacent to navigable waterways." 11- 4- 16 -1(F) "Lot and Building Requirements ..(9) Building Size (c) For buildings that store bulk or hazardous materials. the maximum building height (Principal or Accessory) is 120 feet (i.e. grain silos) and no minimum building size shall apply." To summarize, regardless of the final zoning classification, CFI's primary concern is that its current use of its property continues to be a permitted use and that no artificial legal nonconformities are created with respect to its use or property Additionally, CFI desires to retain as much flexibility as possible for the future uses of its property The Commissioners recognized that CFI has been a good corporate citizen of the City of Rosemount for over 30 years and indicated that its use should continue to be permitted and that no nonconfoimities were created with respect to the property We thank you for the opportunity to provide Input into this process and we look forward to continuing to work with the City towards a mutually beneficial revision of the Code. Yours truly, LEONARD, STREET AND DEINARD Professional Association By 3 Todd (I Phelps, Esq. Real Properly Law Specialist, certified by the Minnesota State Bar Association July 13, 2006 Ms Kum Lindquist Chairman of the Planning Commission Rosemount City Hall 2875 145th St W Rosemount, MN 55068 -4997 Sincerely, Bob Carne Plant Manager bborne @dxgroup coin cc City of Rosemount Bill Droste Mayor Jason Lindahl Planning Commission DPC INDUSTRIES, INC. 12800 Pine Bend Trail Rosemount, MN 55068 -2612 (651) 437 -1333 Fax (651) a37 -2777 Re Re- classification to the "Heavy Industrial District' Dear Ms. Lindquist: DPC Industries, Inc would like to take this opportunity to express our desire to be re- classified to the "Heavy Industrial District" The draft for the `Heavy Industrial District" dated June 27, 2006, reads Heavy Industrial District is to provide for the establishment of uses which refine and store raw or unpiocessed materials into a finished product which may be combustible or explosive Such uses may include large unscreened outdoor structures or equipment that cannot be integrated into the building design or large scale outdoor storage These uses typically generate noise, odor, vibration, illumination or particulate that may be offensive or obnoxious to adjacent land uses, and requnes significant on -site hazardous chemical storage As a result of these characteristics, these uses require large areas and setbacks as well as significant screening and are not compatible with residential uses or high concentrations of people. DPC Industries, Inc is a manufacturing facility requiring large amounts of raw product to be on -site The raw product can also be repackaged as a finished product for sale to municipalities and industry, The raw products are classified as hazardous chemicals (Chlorine, Sulfur Dioxide) The on -site storage of significant quantities of hazai dous chemicals would clearly place DPC in the "Heavy Industrial District" category Please feel free to contact me at 651- 437 -1333, or Mike Lewis at 281 457 -4860, with any questions you may have concerning the presented information Thank you for your attention to this matter M E M O R A N D U M To: Jason Lindahl FROM: Flint Hills Resources, LP DATE: June 29, 2006 SUBJECT: REVISED LANGUAGE FOR AN EQUIPMLNT HEIGHT LIMIT IN THE HI DISTRICT During the Planning Commission meeting on June 27, 2006, several alternatives for limiting the height of equipment limit in the HI District were discussed. Earlier Flint Hills Resources, LP had provided language that limited height back to 75 feet to a maximum of 40 feet, and beyond that required a setback equal to the height of the equipment (a "fall down" rule). The Planning Commission favored a maximum height limit with a conditional use pee wit required to exceed the maximum. Representatives from Flint Hills Resources, agreed to assess its expected height requirements and suggest language to City staff as soon as possible. This language follows. Revised Language For Height Limitations In The HI District Ordinance Amend Sec. 11- 4 -16 -2 H.9.c. to read: M 1 1335175 01 c. Maximum Equipment Height From 0 to 75 feet, up tfeet; beyond 75 feet, up to 450—feet provided the equipment is set back a distance equal to its height. Taller equipment may be approved by the City through a conditional use permit. 6. 1N Al 1 1 l) `r t 13220 Do4e Path Rosemount MN 55068 U S A FAX 651/438 -3714 Phone 651/437 -2815 July 14, 2006 Ms. Kim Lindquist Community Development Director City of Rosemount 2875 145 Street West Rosemount, Minnesota 55068 -4941 Re: Definition of recycling operation in Rosemount ordinances. Dear Ms. Lindquist: I would like to start by thanking you for the way you and the Planning staff, as well as the Planning Commission, have listened and reacted to the needs of existing businesses in Rosemount throughout the development of the new ordinances. It is greatly appreciated One remaining concern I have regarding the ordinance changes is the definition of recycling operations as currently written in the Rosemount code According to the current definition Spectro can be considered a recycling operation and would. therefore, become a conditional use in the General Industrial zone We handle and clean scrap aluminum as part of our process These activities alone fit the current definition of a recycling operation even though we go well beyond handling and cleaning processes and actually melt the scrap to make new alunnnum Similar definitions in many municipalities tend to include a sentence which excludes compames which use these recycled materials as inputs or raw material in a manufacturing operation I would like to request that similar wording be added to the Rosemount Code which would exclude from the definition companies which use recycled material as a raw material in their manufacturing process. Per our earlier conversations, I believe the intent of the recycling operation definition is to identify facilities that act as recycling centers or collection points such as scrap yards which collect and slop out recycled material rather than use the recycled material m a manufactunng process. Adding a phrase or sentence to the recycling operation definition will clarify the intent of the ordinance and save the City, as well as local businesses, from differing individual interpretations in the future. Thank you for your consideration m this matter. Sincerely, 4" Paul Curtis President CC: Eric Zweber, Senior Plainer 7ason•Lmdahl, Assistant City Planner Jason Messner, Planning Commission Chair THOMAS W PUGH PAUL W ROGOSHESKE* JOSEPH E ATKINS JOE C DALAGER ALSO ADMITTED TO PRACTICE IN WISCONSIN Mr. Jason Lmdahl Planner City of Rosemount 2875 145 Street West Rosemount, MN 55068 -4997 Dear Mr LindahlL Very truly yours, Jose E Atkins A /ks THUET, PUGH, ROGOSHESKE &ATKINS, LTD. ATTORNEYS COUNSELORS 222 GRAND AVENUE W., SUITE 100 SOUTH ST. PAUL, MINNESOTA 55075 TELEPHONE (651) 451 -6411 FAX' (651) 451 -9956 RE My Client: Lawrence Lenertz, Jr. Property ID: 34 01200 012 09 Thank you for your attention to this matter. THUEJUG ROGOSHESKE ATKINS July 17, 2006 PAULA THUET 1916 1987 WILBUR L GOYER (OF COUNSEL) Thank you for taking the time to discuss this matter with me. The City's proposed zoning changes are scheduled for a public hearing before the Piantung Commission on July 25, 2006. The City is proposing to change the zoning for Mr. Lenertz's parcel to Heavy Industrial. As we discussed, m light of the parcel's existing use as a motor freight terminal, the current General Industrial zoning is more appropriate to Mr Lenertz's parcel We would request that Mr Lenertz's parcel not be placed in the Heavy Industrial zone, and instead remain in the General Industrial zone. JUL 1 b 2006 By Section 1. B. Uscs Permitted By Pu 8 f this c de. ,crccncd. City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING SECTION 6.16 OF THE CITY OF ROSEMOUNT ZONING ORDINANCE B 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: Rosemount Zoning Ordinance B, Sectidii:11 -4 -16 is hereby stricken and replaced as follows: 2. Asphalt, cement and concrete pr "ducti n. 4. C mmercial use' antennas and c mmercial use antenna t wcrs; pr vided, h wcvcr, c ii mercial use antenna t wcrs arc permitted my in that part of the city cast f a line that begins nc half (1 /3)'inilc,wcst f ltich Vall"y B ulcvard. 5, Manufactunng, waich fu.nrig; wh —Lsa1m dtstributi n, pr ccasin packaging, assembly, c undi,.. and accesses: 6. Mineral cxtracti n, subject to requirements of section 11 10 1 of this title. 9. of crude il, refined il, ale l..,l and then liquids and includi,.5 fertilizer stor., 10. Related and aupp rt ffice and commercial uaca provided thcy are located within the Jame structure as the principal use. 11. Self service st rage facility subject t the f 11 wing standards. 1 1. a. T1.., perimeter f thc at ra facility ahall be entirely cncl scd by a c mbinati n of building and eke_ auve fencin Chamlmk, bathed wire r w od p rivacy fencing shall not b permitted as a der Lativc material, except as may thcrwi3e be approved by thc planning c inmissi n F r the purposes of calculating f undation p lanting requircmcnts, the dcc rant fencmg shall b, included m the building perimeter calculation requires—cot b. All stora c apace penmgs shall be oriented internally- t thc facility and shall not directly- fact a public street r ad; inmg pr petty. d around parings b, tw een at rage facility suactures. provided it is only used f r resident security and management pul and the exterior building materials shall i..atcL that f the principal and access ry 3t ra facility structures. r> c. Outdo r st rage f equipment and matct:.ls may bc appr ved for storage facility outside of d.,, individual st ra spaces pr vidmg the following conditi ..s are satisfied and inet. 1. Thc utd r st rage arca ahall be c mplctcly'containcd within thc perimeter f the storage facility buildin and fence encloyied area. that f the ad cncloaurc. buildin and /or fenced arca. 3. When. the atd r st rage is adjacent t a fc.... d cncl sure, thc fence ahall c nsiat f thc same ...at..rials as the principal 3tructurc(3) n the sit, and shall 4. The utd or storage aL. a ahall not exceed twenty percent (20Q/) of the total unpenu u., buildin -face impr i anent arras upon the 11•111 11.E 1996; rd. B 71,11 5 1996) or 3,S shall bc requi —d t mac die PUD pr ccdurc. Refer to sect n 11 10 6 of this utic fo. PUD rcquiremcnt3. (Ord B, 9 19 1989) D. Uaca Permitted By Interim Use Pee At. a. Thc asphalt y l aira..d -all quipus ..rand ...at,,nals .,sdociated with it shall be 2 district land, and tw th usand sti hundred fcct (2400') from any residential or public district. b. Thc plant and all equipment and materials associated with it ahall be set back a laaliluaauin f scvcntv five fcct (75') fr m any pr petty b undary lmc and screened by natural features including chan in elevation and vegetation. Year round one hundred percent (100°/.) opaque screening with carthna berms and landscaping shall be required fr m gr and level t thc first thirty percent (30 of the overall height and fifty percent (50 paquc t fifty percent (50%) of the verai height f the plant as viewed from eye level fr m surrounding right f way or roadways. c. Asphalt plants are exempt from thc minimum building sizc requ xcmcnta .,pccificd Li ,ubscction L9b of this acction ektrand-ether-itgeiicies as requifcd. The asphalt plant wncr shall be resp nsiblc f r r ad impr vci1.cnts and caacmcnts needed f c in ,.nd cccaa subject t dcparuta, nt f traaasp rtan n as required. c. Traffic 5—,rated by the asphalt plaa,ta ahall enter, nto streets consistent with city access and dsign .standards The wncr f thc :asphalt plant shall be rcsp nsiblc for all c sts ass dated with r ad impr gemcnts required t serve the use. t/. f. Stockpiles aasociatcd with the asphalt plant shall be limited to a height f fifty fcct (50')•`='., *r rr s N sm kc r particulate matter ahall be discharged that is ricer than n 1 classification of the Rm haaanaa smoke chart furmshed by the U.S. bureau of ace ss thc b undancs f the lot or through percolation into the subs it f thc lot or-bey sad the b undaay f thc 1 t wla.re such U3C 13 locatcd, t xic r n xi ua health, safety, c mf rt r wclfafc; or, cauae injury r damage to pr petty or business. i. The asphalt plant shall berate in a way s as t prevent the cia.iaai n f d cola taaatter f such quality as t be readily detectable beyond the 1 t line of thc site on which such use is 1 cated. j. Thc asphalt plant shall c mply with thc apphcablc peratin special .,pccified in section 11 10 1 f thia title. 2. C i1A1±rcia1 utdoes: recreati n. 3. 1pent bauxite diap sal facility as an access ry usc 4. 3. a. Executi n of an intern- use permit agreement specifying the expitati n of the IUP and rem val of thc teeep rary budding-HT b. Tempurary buildin are subject t the intchm use permit standards, findmgs and conditions specified in accn 11 10 8 of this tide. 1. Subaccti n 11 5 2A1 f this titLY 2. Subscotion 11 6 1L and section 11 6 3 of thiS ntic. standaeds apec1fie.1 within this tide, and be set back five hundred Let (500 fr m adj fining public right f way r viauall) sett...cied fr t1 public ri f way, publichnstitun nal r LcOldcntlal districts r uscs. If thc building is n t appropriately screened, thc city may require adds' nal landscaping r enhanced treatment of the temporary atructutc. c. Temp ray &likings arc subject t blinding c dc permits and requirements. f. Temporary`buildin Sc subject to fire c de permits and requirements. by thc property owner. guidelines. Thc city malt ‘ct-tta-disc-reti n waive 3 i of thc r......taitementa if alternative solutions ale acceptabk. (Ord. B, 9 19 1989, amel Ord. B 13, 9 17 4991, Ord. B 32, 9 21 1993, Ord. B 111, 10 19 2001, Ord. B 150, 1 23 2005) E. Lot And Building Requirements. 1 Minueiuml t ata Five (5) aceos 2. Minimum 1 t width: fl/a. 4. Mum-um district 312C Ten (10) acres 4 5. Minimum front yard setback: a. Principal structure: .Seventy five fcct (75'). b. Aee„ss ry struet.re: Seventy five feet (75). 6 A1inn..um side yard setback. a. Principal structure Fifty feet (50). 5, b. Access ry structure "`r' Fifty fcct (50'). 7. Minimum rear yard setback: rr� Fif f eet icon b. Access ry structure --Fifty fcct (50). 8. Parking setback: a. Afirilintun fr nt yard setback F rty feet (10). b. Minu.,ut„ side yard setback: Twenty fivc fcct (25). c. Afirumum rear yardtsctback• ..Fifty fcct (50'). 9. Building size.. B. Permitted Uses: mcipal r access ry). Seventy fri c feet (75'). b,.. Minimum building size: :,..Ten perce. t (10%) .,f subject pr perty excluding pr tective wetlands (Ord. B 133, 8 7 2003) 11 4 GI GENERAL INDUSTRIAL DISTRICT: A. P ose and Intent. The ose of the GI General Industrial District is to srovide for the establishment of both light and medium manufacturing uses along with warehouse, repair, and business uses The GI, General Industrial District is intended to include uses that may require outdoor and vehicle or trader storage but exclude heavy mdustnal uses. The General Industrial District is the preferred transition district between the Heavy Industrial District and may be compatible with residential uses or include relatively higher on -site populations, subject to higher performance standards 1. Adult uses as defined and regulated in section 11 -7 -5 of this title and Title2, Chapter 5 8 of this code. 2. Commercial Use Antennas and Towers, subject to the requirements of the Section 11 -9 -6 3 General Building and Trade Contractor Office Uses. 4. General Reiair Services excludin Automotive Re air and the like. 5. Light or Medium Manufacturm• Processing, and Assembly Uses. 6. Mineral Extraction, Subject to requirements of Section 11 -10 -4. 7. Motor Freight Tetmmals. 8. Essential Services. 9. Ted Research Laboratory Uses 10. Transit Stations /Park and Ride Facilities. 11. Warehousing, Wholesaling and Distribution Uses C. Accesso Uses The followin• uses shall` be •ermitted accesso uses in the GI General Industrial District: 1. Office Uses Accessory to a Permitted or Conditional Use 2. Off Street Parking or Loading for a Pertmtted, Conditional or Interim Use. 3.; Outdoor Drs la Storage or Sales. subject to the following: a. The outdoor storage area shall be designed to limit its effects on adjacent properties and public nght(s) -of -way. b. The storage area shall be surfaced with concrete or an approved equivalent to control dust. c. The storage area shall not take up or interfere with access to any required arkin• loadm• maneuverin> or sedestnan area. d. The storage area shall be maintained in a neat and orderly fashion. e. No public address system shall be audible from a non commercial or non- industrial use or distract f. The storage area shall be clearly identified on the approved site plan for the project, may only be located in either a side or rear yard, and shall not encroach Into any required accessory- structure or buildmg setback. g. Any outdoor storage area shall be completely enclosed by screening as follows: 1. Any ortton of an outdoor storage area ad acent to a .ubhc ry h or non- mdustrial use or district shall be screened from eye -level view from the pubhc nght -of -way or non industrial use or district by a one hundred ercent (100%) opacity screen to a height equal to the items being screened but not more than dirty five (35) feet Screen shall be accom hshed b -buildin s landsca• m and bertmn• natural to a.hv screenm walls or a co abmation thereof Any screening wall shall be made of the same materials as the principal building and shall not extend more than seventv feet (70) without a change m architecture to reduce• its mass and appearance. 2. Any portion(s) of an outdoor stage area adjacent town industrial use or distract shall be screened from eve -level view from the industrial use or district by a one hundred (100) percent opacity screen to a height equal to the items being screened but not more than thirty -five (35) feet Screening shall be accom hshed by any of the items hsted Section 11- 4 -16 -1 C 3 g 1 or fencing h. The outdoor storage area is liriuted to °area equal[ thirty (30) percent of the gross area of the site L The square footage of the outdoor storage area(s) (except those areas used for vehicles storage and not considered a required parking area) shall be included in calculation of required off street parking for the use l;;‘ The perimeter measurement of the outdoor storage shall be included m the calculation of required foundation plantings. k. outdoor display /storage or sales related to Trailer. Construction or Agncultural Machinery Sales or Rental shall be subject to those standards identified elsewhere m Ordinance B specific to such use. 4. Outdoor Structures: Functioning structures such as conveyor belt systems cooling towers, stora e silos or the like that are accesso and tate!ral to the .nnci.al use of the site may be exempt from the requirements of Section 11 -2 -9 (Outdoor Storage) subject to the following: a. The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into a bolding design. b. The site and buildingfs) shall be designed to screen and limit the effects of the outdoor structure or equipment (noise vibrations illumination, particulate or the like) on adjacent properties and public nght(s)s -of -way. 7 c. The outdoor structure or equipment shall be located on an approved surface in a remote location that is not ad acent to an .ublic xiht -of -wa or non industrial use or district. d. The outdoor structure or equipment shall be limited to an area equal to fifteen (131 nerd ent of the gross floor area of th principal buildin and to a height not to exceed seventy (70) feet. Larger areas or taller structures or equipment may be approved by the City through a conditional use permit. e. The outdoor structure or equipment shall not take up, encroach upon or interfere with access to, any required yard parking, loading, maneuvering or pedestrian area. r.- f. The City may exempt outdoor structure or equipment from the Site and Building Performance Standards m Section 11- 4- 16 -1.G, however all such structures or equipment must be functional and shall be made of high quahty long lasting material compatible with both adjacent properues and other buildings in the GI District. 5. Overnight Sleeping Facilitates for Security Personnel D. Conditional Uses. The following uses are/conditional uses in the GI General Industrial Distnct and are subject to the conditional use permit provisions outlined in Ordinance B 1. Recychng Operations, Subject to the Requirements of Section 11 -10 -4 2. Self- Service Storage Facilities, subject to the requirements of the C -3 District in Section 11- 4- 13.D.11 except as follows: a. All storage shall be maintained in the storage space and there shall be no outdoor storage of any products, equipment or other material within the storage facihty site except that outdoor storage for licensed, operable recreation vehicles shall be pert-rutted provided the amount is not more than ninety percent (90 of the area occupied by buildinus. 3. Trailer Construction or A• cultural Machine Sales or Rental sub ect to the requirements of the C -3 District in Section 11 -4-13 D.6. 4. Wholesale Landscape and Horticultural Services. subject to. a. A principal structure must be built on the site. b. Landscape and Horticultural Services are subject to the requirements of the GI District Section 11 -4 -18 D.6 for Outdoor Display /Storage or Sales. 5. Wholesale Lumber and Construction Materials Businesses. subject to: 8 a. A principal structure must be built on site. b. Lumber and Construction Material Businesses are subject to the requirements of the GI District Section 11- 4- 18.D.6 for Outdoor Display /Storage or Sales. 6. Other uses similar to those in this district as determined by the Board of Appeals and Adjustments, subject issuance of a Conditional Use Permit E. Interim Uses The following uses are interim use m the GI General Industrial District and are subject to the interim use permit provisions oudmed m Ordinance B. 1. Asphalt Plant, Cement and Concrete Producuon and Related Processing of Stockpile Materials, subject to the following. a. The asphalt, cement, or concrete plant nd a1T'equipme c'and materials associated with it shall be located a minimum of 600 feet from any non General Industrial District land, and 2,600 feet from any Residential or Public distract. b. The plant and all equipment and materials'associated with it shall be setback a muumum of 75 feet from an .ro.er bounda line and screened b natural features mcludmg changes in elevation and vegetation Year -round 100% opaque screening with earthen betris and landscapmg shall be required from and level to the first 30 .ercentof the overall het- ht and 50% o.a.ue to 50 percent of the overall height of the plant as viewed from eye level from surrounding right -of way or roadways c Asphalt plant, cement and concrete production may be exempt from conformance with the following standards of the zoning ordinance at the discretion of the City Council: Supplementary Re rulations Section 11 -5 -2.A Building Type and Construction Sub C: 2. Section 11 -6 -1.L Off -Street Parking Design and Construction Standards 3. Section 1 -1 -6 -3 Landscaping Requirements. 4. Section 11- 4- 16 -1.G Site and Building Standards for the GI, General Industrial District. 5. Section 11- 4 -16 -1 F.b, Minnnum Building Size. d. Traffic t enerated b these uses shall utilize haul routes a .roved b the Ci and other agencies as required. The plant owner shall be responsible for road improvements and easements needed for ingress and egress subject to approval by the Ci as well as the Coun Hi hwa De.artment or the Minnesota Department of Transportation as required. 9 e. Traffic generated by these uses shall enter onto streets consistent with City access and design standards The owner of these uses shall be responsible for all costs associated with road improvements required to serve the use. f. Stockpiles associated with these uses shall be Minted to a height of fifty (50) feet. g. 91) 4. Tem No smoke or particulate matter shall be dischar• ed that is darker than No. 1 classification of the Ringlemann Smoke Chart furnished by the U S Bureau of Mines or 20% opacity as determined by the MPCA. Further, emissions shall conform to standards set by E P A and M.P C A. h. These uses shall operate so as not to discharge onto the soils of the lot, across the boundaries of the lot or through percolauon into the subsoil of the lot or beyond the boundary of the lot where such use is located, toxic or noxious matter m such concentrations as to be detrimental to or endan er the .ubhc health, safety, comfort or welfare; or, cause injury or damage to property or business 1. These uses shall o erate in a wa so as to .revent the emission of odorous matter of such quality as to be readily detectable beyond the lot line of the site on which such use is located. j. These uses shall comply with the applicable operating, special requirements and bonding for restoration standards for Mineral Extraction specified in Section 11- 10-4 of Ordinance B. (Ord. B -150 01/28/05) 2. Commercial Outdoor Recreation, subject to the following. a. Commercial outdoor recreation uses may be exempt from conformance with the followm• standards of the zotun• ordinance at the discretion of the Ci Council: 1. Su oolementary Regulations Section 11 -5 -2.A Building Type and Construction Sub C: 2. Section 11 -6 -11 Off -Street Parkin Des and Constructs. Standards 3. Section 11 -6 -3 Landscaping Requirements. 4. Section 11- 4 -16 -1 G Site and Building Standards for the GI. General Industrial District. 5. Section 11- 4- 16- 1.F.b, Minimum Building Size. 3. Spent Bauxite Disposal Facilities as an Accessory Use only (Ordinance B -13, 9 -17- Buildin Accesso to an A oved Construction Pro Sub'ect to: ora s ec 10 a. Execution of an Interim Use Permit Agreement specifying the expiration of the IUP and removal of the temporary building(s). b. Temporarybuildings are subject to the Interim Use Permit standards, findings and conditions specified in Section 11 -10 -7 of Ordinance B c. Temporary buildings may be exempt from conformance with the following standards of the zoning ordinance at the discretion of the Citi- Council: Sub C: a Re ations Section 11 -5 -2. A Buildm• T Jae and Construction 1. Su. Diemen 2. Section 11 -6 -1.L Off Street Parking Design and Construction Standards 5. Section 11- 4 -16 -1 F.b, Minimum Building Size. 3. Section 11 -6 -3 Landscaping Requirements. r 4. Section 11- 4- 16 -1.G Site and Building Standards for the GI, General Industrial District d. Temporary buildings shall conformto all other General Industrial District standards specified within Ordinance B and be setback a minimum of 500 feet from adjoming public right -of -way or visually screened from public right -of -way, public /institutional or residential distracts or uses. If the building is not a. •ro nately screened the Cm ma re lire additional landsca.i or enhanced treatment of the temporary structure. buildin• s are sub edt to Buildin• Code •ermits and re uirements. Tem.ora buildin• s are sub ect to Fire Code .ermits and requirements. g. The'site must accommodate adequate parking for the intended use. h. Site •radin• and draina.e must com.l with City ordinances and En eerm Guidehnes The City Council may, at it's discretion waive some of the requirements if alternative solutions are acceptable 5. Other uses similar to those m this district as determined by the Board of Appeals and Adjustments subject issuance of a Interim Use Permit. F. Lot and Building Requirements: 1. Minimum Lot Area. 5 acres 2 Minimum Lot Width. N/A 11 Item Increased Minimum Setback Parking Circulation Structure Railroad 10 ft. 30 ft. Any Non- Commercial or 30 ft. or 2 X Bldg. Height* 30 ft. or 2 X Bldg Height* Non Industrial Use or Distract 3. Maximum Lot Coverage. 70% 4. Minimum District Size: 10 acres 5 Minimum Front Yard Setback: a. Principal Structure. 75 feet b. Accessory Structure. 75 feet 6. Minimum Side Yard Setback: a. Principal Structure. .50 feet b. Accessory Structure: 50 feet 7. Minimum Rear Yard Setback: a. Principal Structure: ...30 feet b. Accessory Structure- �x, 50 feet 8. Parking Setback: a. Minimum Front Yard Setback: feet b. Minimum Side Yard Setback 25 feet c. Minimum Rear Yard Setback:. 50 feet 9. Building Size: a. Maximum Building Height (Principal or Accesorv) 75 feet b. Minimum Building Size: .10% of Subject Property excluding protective wetlands 10. Buffer Yard and Setback Increases: When a permitted. accessory. mtenm, or conditional use abuts any of the items listed m the table below. the applicable setback mcreases shall apply. 12 G. *Residential Uses Districts- A buffer y ard e to thuty�30) feet or two (2) times the het ht of the buzidtn r «hichever is reater shall be re tined alon an side or rear property Ime abutting any non commercial or non- mdustnal use or district. This area shall contain landscaping and bermmg to provide a ninety (90) percent opacity screen to a height of at least six (6) feet and shall not contain any structures, arkm• off street loadm• or stora•e Should landsca in• and bermin be found Ineffective by the City, the City Council may approve screening walls and /or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the pnncipal butldm and shall not extend more than thirty five (35) feet without a change m architecture to reduce their mass and appearance. revent urban bli •htand ensure suality Ion lastin construction compatible with both adjacent properties and those throughout the district all sites and bu ldmg shall comply with the followingstandard5i a s well as applicable sections of Ordmance B. Site and Buildin Standards. To 1 Architectural Appearance: While variation m miterials and colors %that support the general theme may be allowed, non earth tone materials shall be hinted 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.facmg a pubhc tight -of -way 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 building have more than one entrance facin a ubhc n•ht -of -wa this feature shall extend a minimum one hundred and fifty (150) square feet around each individual entrance. Corner architectural dements are encouraged to define the edges of a building. Building Massing Facades facing a public right -of -way or residential use or district shall be articulated to reduce then mass and scale and provide visual interest consistent with Rosemount's identity, character, and scale Large uninterrupted building walls or elevations are prohibited. Any wall facing a pubhc right -of -way or residential uses or distract more than one hundred (100) feet in length shall be divided into increments of no more than fifty (50) feet through the articulauon of the facade. This shall be achieved through combinations of the following techniques: a. Divisions or breaks in the materials. b. Arcades, entry features, window bays or the like. c. Variations in roof lines or slope plane. d. Vanation m building plane or setback. 13 oved by the C ues e. E. uivalent techn 3. Permitted Materials Any exterior wall surface facing a pubhc right -of -way or residential uses or district shall be constructed of a combination of glass, brick, natural stone s.ecial inte•ral colored concrete block mcludm textured burnished, and rock faced block), rile (masonry stone or cL1v), architectural textured concrete panels cast in place, precast concrete panels or better All other wall surfaces shall be constructed of at least forty (40) percent of these materials. The remanung sixty (60) percent of these exterior wall surface may be finished steel or aluminum Unadorned materials are prohibited. 5. 4. Pedestrian Circulation: Appropriate provisions shall be made to protect pedestrian areas from encroachments by parked or moving vehicles. Clear and well lighted walkways shall extend throughout the site and parking area(s) connecting building entrances to adiacent public sidewalks and any parking facilities located on the site a. A walkway at least six (6) feet wide shall extend along any faca featuring a building entrance and any facade abutting a required parking area. b. A continuous and permanent concrete curb' not less than six (6) inches above grade shall separate mtemal 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 shall 1 consistent in character throu•hout the entire .ro.e Li htin Li htin site m both design and bulb type. a. Any light fixture must be placed in such a manner that no light emitting surface is visible from any residennal area or .ubhc nvate roadwa walkwa trail or other pubhc way when viewed at ground level. b. Light shall be directed toward the ground. Externally lit signs, display, building and aesthetic lighting must be ht from the top and shine downward. Ltghung must be shielded to prevent direct glare. c The level of h• bun r shall not exceed 0 5 lumens at an residennal ro r line or 1.0 lumen at any non residential property line. d. The maximum height for exterior hghting shall be thirty (30) feet. The maximum height for exterior lighting within 100 feet of a residential use or district shall be 20 feet. e. All non essential hghting will be required to be turned off after business hours leavmg only the necessary hghting for site secunty. 14 6. Par lun and Loadin areas includin• drivewa s and drive aisles) ad acent to a ee surfaces rovtde screenin and su 1 ade uate room for snow stora•e all ublic ri a residential uses or distracts shall be screened and landscaped. Trees, shrubs flowers and ground cover needed in these areas shall be in addition to the miumum number of the same required b;r Ordinance B These screening standards shall also applf to loadii areas with the additional re uirement that no loadin area ma face a ubhc right -of -way or non- mdustnal use or district. a. Screenmt. Landsca in b. by the C Landsc Areas- To reduce the im act of la and betmin A mimmu i ?hf five 5 shall be the anses of aved ht- of -wav or kin mare source for screenm arlun• and loadin areas. Should landsca •in• and bermina be found ineffective he C Council ma ove screenin walls and /or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than seventy (70) feet without a change m architecture to reduce their mass and appearance. Park area scree shall provide a minimum fifty (50) percent opacity screen to a height of at least four (4) feet Loadin area screening shall provide a minimum ninety (90) percen opacity scree to a hei of at least eighteen (18 feet. ercenf ofthe arkine area shall be landscaped. This landscaping shall be located on islands, peninsulas or the like within the perimeter of the parking area. t 1. The islandS'or peninsulas shall be a minimum eight and one -half (8 5) feet wide and extend the len of the a diacent par king stall (s). These dimensions may be altered to provide sufficient area for the proposed landscaping to mature. 2. To ensure this landscapmg is properly dispersed a minimum of one island peninsulas or the like shall be located within each 6 000 square feet of vehicular use area. 3 Amininum 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 (5) 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 remainin area shall be landscaped with shrubs or ground cover (not to include rocks or gravel except as a mulch around shrubs and ground cover) not to exceed two (2) feet in height. 7. Landscaping: All areas of land other than those occupied by building or hardcover shall be landscaped with a combmauon 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 m these areas shall be in addition to the miiumum 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 Planning Commission approval where future development or expansion is planned 15 within a reasonable period of time. These areas shall either be graded and seeded with prairie or tnamtamed grass m 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 matenal and will not produce soil erosion due to potential increases m storm water runoff. 8. Trash Handling: All trash. recycling and related handling equipment shall be stored m a manner consistent with the standards outlined in Section 5 -1 -3 of the City Code. 9. Si na e• Onl wall and freestandin ound monument si s shall be ermitted m the district in accordance with the City of Rosemount's Sign Revulanons and these additional standards as follows. a. Freestanding Ground Monument Signs A ffeestandirigground monument sign shall be designed with a base structure of the same exterior decorative materials as the principal structure on the site; and that extends from the sign copy area fully to the ground. except for architectural relief treatments. All freestanding ound monument si• s if illuminated shall be only indirect with the light source fully diffused These signs shall be appropnately landscaped and subject to the same requirements for all landscaping on the property b. Wall Si. s• Wall si• s shall consist of .ermanent hi•h •uali enals with ma finished edges. No wood sighs shall be permitted. Where more than one (1) wall si• is re nested er buildin• fronta e i.e. a mulu- tenant center a uniform i• criteria shall be •rescnbed b the buildm• owner sub ect to review and s approval by the City Council. The sign cntena shall, amo other t hmgs describe the uniform t re of sign to be allowed, limitations of placement on the buildin g, the method of fastening, and the procedure for tenant sign approval. 10. 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 ma only be temporarily installed during site construction or repair of the undern system. No changes m the grade or contours of land above or adjacent to these facilities once installed, shall be made without the approved written consent of the Ci Engineer and the utility company providing such services. 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. CITY OF ROSEMOUNT 16 ATTEST: Amy Domeier, City Clerk William P1 Droste, Mayor Published in the Rosemount Town Pages this day of 2006. 17 AN ORDINANCE AMENDING SECTION 11 -4 -16 OF THE ROSEMOUNT CITY CODE CREATING THE NEW HI HEAVY INDUSTRIAL DISTRICT 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. 11- 4 -16 -2: HI, HEAVY INDUSTRIAL DISTRICT: A. Purpose and Intent: The purpose of the HI„ Heavy lndustriar istrict is to provide for the establishment of uses that refine and sjgre combusnble or explosive materials or blend, store, and distribute chemicals or,Criihzer. Such uses may Include large unscreened outdoor structures or equipment that cannot be integrated into the building design or large scale outdoor storage. These uses typically generate noise /odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses. As a result of these charactenstics, these uses require large areas and setbacks as well as significant screening and are not comparable with residential uses or high concentrations of people. Associated Accessory, Conditional, or Interim uses are subject to the Site and Buildjrigstandards of the GI District, except as noted below. B. Permitted Use: The following are permitted uses u th i e HI Heavy Industrial District: 1. Adult uses as defined'and regulated in section 11 -7 -5 of this title and Title2, Chapter Of this code W2 .'4.14 2. Commercial Use Antennas an''i;;.'f'owers, subject to the requirements of Section 11 -9- 6. 3. Essential Services. 4. Heavy Manufacturing. Rosemount Zoning Ordinance B, Section 6 16 is hereby amended as City of Rosemount Ordinance No. B- C. Accessory Uses. The following uses are permitted accessory uses in the HI Heavy Industrial District. These uses are subject to the Site and Building Standards outhned in Section 11- 4- 16 -1.G of the General Industrial Distract, except as specifically exempted below. 1. Office Uses Accessory to a Permitted or Conditional Use. 2. Off Street Parking or Loading for a Permitted, Conditional or Interim Use 3. Outdoor Storage, subject to the following: 1 a. Outdoor Storage uses are exempt from the Site and Budding Standards outlined in Section 11- 4- 16 -1.G of the General Industrial District. b. The outdoor storage area shall be designed to limit its effects on adjacent properties and public right(s) -of -way. c. The storage area shall be covered with paving, porous paving, gavel, vegetation, or a combination thereof. If necessary, this covering shall include addition materials so as to comply with Section 11 -9 -1.0 (Residual Features: Dust, Dirt, Smoke, Odor, Gases). g. d. The storage area shall not take up, or interfere with access to, any required parkmg, loading, maneuvermg or pedestrian area. aS e. The storage area shall be maintained in neat and orderly fashion. f. No public address system shalt' li udible from a non commercial or non mdustnal use or distract This subsection shall not be read to prohibit or proscnbe safety alarms or sirens. z The storage area shall be clearly identified on e'approved site plan for the project, may only be located m either a side or rear yard, and shall not encroach into any required accessory structure or budding setback. bs6* h. Any outdoor storage area shall be setback andsereened as follows: 1. If an outd'ooi storage area is located between seventy five (75) feet and three hundred (300) feet of a pubhc right -of -way, it shall be screened from eye level view from the pubhc right -of -way by a one hundred(100) percent opacity screen to a height equal to the items being screened, but not more than thirty -five (35) feet. Screening shall be accomphshed by buildings, structures, landscaping and bermmg, natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than one hundred (100) feet without a change m architecture to reduce its mass and appearance. 2. If an outdoor storage area is located between three hundred (300) feet and one thousand (1,000) feet from a public right -of -way, it shall be screened from the eye -level view from the public right -of -way by a seventy -five (75) percent opacity screen to a height equal to the items being screened but not more than thirty -five (35) feet. Screening shall be accomplished by buildings, structures, landscaping and bermmg, natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than three hundred (300) feet without a change m architecture to reduce its mass and appearance. 2 4. Overnight Sleeping Facilitates for Security or Safety Personnel, subject to the Site and Building Standards of the GI District in Section 11- 4- 16 -1.G D. Conditional Uses. The following uses are conditional uses in the HI Heavy Industrial District and are subject to the conditional use permit provisions outlined m Ordinance B as well as. These uses are also subject to the Site and Building Standards outlined in Section 11- 4-16 -1 G of the General Industrial Distract, except as specifically exempted below. 1. Motor Freight Terminals. 2. Warehousing, Wholesaling and Distribution of Non -Heavy Manufacturing materials. 3. Other uses similar to those m this distract` as detemmned by the Board of Appeals and Adjustments, subject issuance of a Conditional UseiPermit. 1 E. Interim Uses: The following uses are interim use in the HI Heavy Industrial District and are subject to the intennritse permit provisions outlined m Section 11 -10 -8 of Ordinance B. These uses are also subject to the Site and Building Standards outlined m Section 11- 4- 16 -1.G of the General Industrial Distract, except as specifically exempted below. �s 1. Asphalt Plant Cement and Concrete Production a i Related Processing of Stockpile Materials, subjecf the following: a. iz Tbe asphalt, cemeri or cOncre�te- plantand all equipment and materials 'r associated with it shallbe located a minimum of 600 feet from any non Industrial District land, and 2,600 feet from any Residential or Public distract 3. If an outdoor storage area is located more than one thousand (1,000) feet from a pubhc right -of -way, no screening shall be required. The plant and all equipment and materials associated with it shall be setback a minimum of 300 feet from any property boundary line and screened by natural features including changes in elevation and vegetation. Year -round 100% opaque screening with earthen berms and landscaping shall be required from ground level to the first 30 percent of the overall height and 50% opaque to 50 percent of the overall height of the plant as viewed from eye level from surrounding right -of -way or roadways. e Asphalt plant, cement and concrete production may be exempt from conformance with the following standards of the zoning ordinance at the discretion of the City Council. 1. Supplementary Regulations Section 11 -5 -2.A Building Type and Construction Sub C. 2. Section 11 -6 -1.L Off -Street Parking Design Construction Standards 3 3. Section 11 -6 -3 Landscaping Requirements. 4. Section 11- 4- 16 -1.G Site and Building Standards for the GI, General Industrial District. d. Traffic generated by these uses shall urili7e haul routes approved by the City and other agencies as required The plant owner shall be responsible for road improvements and easements needed for ingress and egress subject to approval by the City, as well as the County Highway Department or the Minnesota Department of Transportation as requited e. Traffic generated by these uses shall enter onto streets consistent with City access and design standards. The owner of these uses shall be responsible for all costs associated with road improvements. required to serve the use. f. Stockpiles associated with these use shall be limited to a height of fifty (50) feet. g. No smoke or particulate matter shall be discharged that is darker than No. 1 classification of the Rmglemann Smoke Chart furmshed by the U S. Bureau of Mines, or 20% opacity as determined by the MPCA Further, emissions shall conform to standards set by E.P.A. and M.P.C.A. h. These uses shall operate so as not to discharge onto' the soils of the lot, across the boundaries of the lot or through percolation into the subsoil of the lot or beyond the boundary of the lot where such use is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or, cause injury or damage to property or business. These uses shall operate in.a way so as to prevent the emission of odorous matter of such quality as to be readily detectable beyond the lot line of the site on which such use is located. j. These uses shall comply with the applicable operating, special requirements and bonding for restoration standards for Mineral Extraction specified m Section 11- 10-4. 2. Spent Bauxite Disposal Facilities as an Accessory Use only 3. Temporary Buildings Accessory to an Approved Construction Project, Subject to: a. Execution of an Interim Use Permit Agreement specifying the expiration of the IUP and removal of the temporary budding(s) b Temporary buildings are subject to the Interim Use Permit standards, findings and conditions specified in Ordnance B. 4 c. Temporary buildings may be exempt from conformance with the following standards of the zoning ordinance at the discretion of the City Council: 1. Supplementary Regulations Section 11 -5 -2.A Building Type and Construction Sub C: 2. Section 11 -6 -1.L Off Street Parking Design and Construction Standards 3. Section 11 -6 -3 Landscaping Requirements. 4. Section 11- 4- 16 -1.G Site and Building Standards for the GI, General Industrial District. d. Temporary buildings shall conform to all other Heavy Industrial District standards specified within Ordinance B, and be setback 500 feet from adlouung public right -of -way or visually screened from pubhc right -of -way, public /institutional or residential districts or uses If the buildmg is not appropriately screened, the City may require additional landscaping or,enhanced treatment of the temporary structure. e. Temporary buildings aresgbject to Building code permits and requirements. g. f. Temporary buildings are subjectto'Fire code perin%ts, and requirements. The site md3.f accommodate adequate parking for. the intended use fi h. Site grading and drainage must comply with City ordinances and Engineering Guidelines. The'City may, at it's discretion waive some of the requirements if alteiiative solutions are acceptable. sysk ther uses similafl,those iii °=this distract as determined by the Board of Appeals and Adjustments, subjectissuanceof an Interim Use Permit. F. Lot and Building Requirements. 1. Minimum Lot Are .25 acres 2. Minimum Lot Width. N/A 3. Maximum Lot Coverage. 70% 4. Minimum District Size- 25 acres 5. Minimum Front Yard Setback: a. Principal Structure. 300 feet b. Accessory Structure. 75 feet 5 6. Minimum Side Yard Setback: a. Principal Structure- 300 feet b. Accessory Structure. 75 feet 7. Minimum Rear Yard Setback: a. Principal Structure: 300 feet b. Accessory Structure. ...75 feet 8. Parking Setback: a. Minimum Front Yard Setback.. 75 feet b. Minimum Side Yard Setback:/ 75 feet c. Minimum Rear Yard Setback. 75 feet 9. Building Size: a a. Maximum Building Height (Principal or Accessory)• ..75 feet b. Maximum Structure ,Height. n .200 feet (The City Council May Allow Flame Towers to Exceed this Height Though Issuance, 9f a Conditional Use Permit) G. Site and Building Standards. .:To prevent urban blight and ensure quality long lasting construction compatible with both adjacent properties and those throughout the district, all accessory, conditional or interim uses allowed under the Heavy Industrial District, except those with specific exemptions, shall comply with the Site and Building Standards outlined in Section 11- 4 -16 -1 G of the General Industrial District as well as applicable sections of Ordinance B. The City Council may waived some or all of these standards for non exempt uses based their determination on the following: 1. The proposed building will be located in a remote location that does not abut a public right -of -way or a non industrial use or district. 2. The proposed building will be made of high quality long lasting material compatible with both adjacent properties and other buildings m the HI District. 3. The provision of pedestrian faculties is unnecessary based on the use of the proposed building. 6 5. The applicant agrees to provide the required number and species of landscaping along the perimeter of the site. 6. The proposed budding will not have separate ground or wall signage. Section 2. EFFECTIVE DAT This Ordinance shall be in full force and effect from and after its passage and pubhcation according to law. ENACTED AND ORDAINED into an Ordinance this day of 2006. ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of 2006. CITY OF ROSEMOUNT VG' lham H Droste;?4Iayor 7 City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING SECTION 11 -14 OF THE ROSEMOUNT CITY CODE CREATING NEW DEFINITIONS FOR THE TERMS HEAVY MANUFACTURING AND OUTDOORSTORAGE /DISPLAY AND AMENDING THE TERM RECYCLING OPERATION 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. Rosemount Zoning Ordinance B, Section 1114 is hereby amended as follows: Heavy Manufacturing The refinement and storage of taw otuhgrocessed materials into a finished product which may be combustible or explosive as well as chemical or fertilizer blending, storage, and distribution Such uses may include large unscreened outdoor structures such as conveyor belt systems', coaling towers, cranes, storage silos, or similar equipment that cannot be integrated into a building design or large scale outdoor storage. These uses typically generate noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adlace'nt land uses and require a significant amount of on -site chemical storage. Outdoor Storage /Display: Extenor dep stockpiling, or safekeeping of all merchandise, materials, supplies, products. (finished or unfinished), equipment, vehicles or trailers, or the like Outdoor storage does not include large structures or equipment which (1) are accessory and integral:to a permitted use within the General Industrial District, (2) refine or store combustible or explosive materials or (3) blend, store or distribute chemicals or fertilizer. Nor shatOutdoor Storage include required off street parking areas Outside storage.areas are located within clearly defined boundary and may be enclosed by a structure that includes a roof but no side walls or an uncovered areas surrounded by fencing, bermmg, ndscaping or othei screemng,i$tenal. Recycling Operation: An area where used, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not hnuted to, scrap iron, and other metals, paper, rags, bottles and lumber Recycling Operation shall not include businesses that use recycled materials to manufacture a finished product. Section 2. EFFECTIVE DA h. This Ordinance shall be in full force and effect from and after its passage and publication according to law ENACTED AND ORDAINED into an Ordnance this day of 2006. CITY OF ROSEMOUNT William H Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of 2006. P