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