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HomeMy WebLinkAbout2.c. 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: Discussion PREPARED BY: Jason Lindahl, A.I.C.P. Planner, Kim Lindquist, Community Development Director AGENDA NO. C ATTACHMENTS: Excerpt Draft Minutes from the 08 -09 -06 CC Work Session, Excerpt Draft Minutes from the 08 -22 -06 PC Meeting, Comments from CF Industries, Flint Hills Resources, and Processing, Draft copes s of f th the GI GeneGene ral al I H1 ndustrial, I cop Heavy Industrial Districts, Draft Definition Changes, Draft Zoning Map, Photos of General Industrial Properties APPROVED BY Iv RECOMMENDED ACTION: Provide Staff Direction 4 ROSEMOUNT City Council Work Session: CITY COUNCIL September 13, 2006 EXECUTIVE SUMMARY SUMMARY This item was initiated by staff with the purpose of amending the General Industnal District, creating a new Heavy Industrial District, and amendmg the definitions for Heavy Manufacturing, Outdoor Storage /Display and Recycling Operation. It was last before the City Council during a work session on August 9, 2 006 During that meeting, staff and the Council reviewed the proposed amendments, the timeline for Council action, and discussed how these changes could impact existing businesses. Since that meeting, the Planning Commission has concluded its review of the proposed ordinance amendments and held the required pubhc hearing The Commission recommended adoption of the ordinances as provided in the attached. This item is tentatively scheduled to go before the City Council on October 17, 2006. Prior to the October 17th meeting, staff felt it would be prudent to review the final draft of these text amendments from the Planning Commission as well as bnefly review the status of the rezonings of certain properties to the Heavy Industrial designation. Most of the work up to date has dealt with the text amendments and has not addressed any rezoning which may be necessary as a result of creating the new Heavy Industnal distract. However, staff and the Commission have reviewed a map of potential zoning district changes so that particular properties would be able to focus their review of the text amendments based upon the appropriate zoning category Some businesses have expressed concern that the zoning standards may change prior to the corresponding changes to the zoning map. The City Attorney has advised staff that the text changes may proceed prior to any rezoning. This is a pohcy decision that the Council can discuss. However, staff is moving the rezonings along and has scheduled a public hearing on September 26, 2006 to discuss the rezonings It is therefore possible to bring the text amendments and the rezonmgs to the Council on October 17, for consideration at the same meeting Furthermore, the Planning Commission has indicated their intention to evaluate properties for rezoning that are already zoned General Industrial. Therefore the proposed map only reflects the properties currently zoned General Industrial but are proposed as Heavy Industrial. This is inconsistent with requests from Flint Hills, they have asked the City process a rezoning and regrading of certain lands to obtain a Heavy Industrial designation on certain properties in the 140` Street area, between Blaine Avenue and Hwy 52. In fact a work task staff and the Commission need to do soon is implement the existing Comprehensive Plan. As the Council directed, we are to look at properties on a case by case basis and make recommendations regarding whether the property should be rezoned now to comply with the Comprehensive Plan or wait until development or redevelopment occurs. In review of older records it appears that this implementation process was not completed after the last 2020 Comprehensive Plan update and there are some lands zoned industrial that are not guided for industrial land use. These properties will be discussed as part of the implementation for the latest MUSA and Comprehensive Plan amendment that was adopted as part of the 42/52 study. Text Changes The primary changes made to the text since the last work session review were items recommended by the Planning Commission. They modified the setback standards for structures and buildings within the HI Heavy Industrial district and also placed specific height hmitations based upon the setback. Based upon a request of one of the owners indoor bulk material storage was added as an accessory structure m the HI Heavy Industrial District. From an overview standpoint, these zoning text amendments focus on updating the architectural and outdoor storage standards as well as reallocating refining and chemical processing uses to the HI Heavy Industrial distnct. The revised GI Distract now provides for light and medium manufacturing uses along with warehouse, repair, and business uses that may require outdoor and vehicle trailer storage but exclude heavy industrial uses. The revised GI District also contains new outdoor storage, outdoor equipment, and site and building standards By comparison, the new HI District provides for the establishment of uses that refine and store combustible or explosive materials or blend, store, and distribute chemicals or fertilizer. This district acknowledges that these uses may include large unscreened outdoor structures or equipment that cannot be integrated into a building or large scale outdoor storage. In addition, uses in this distract have the potential to generate noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses. 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. Potential Impact of these Changes There have been concerns raised about the status of existing businesses after the adoption of the ordinance amendments. Due to the amendments some sites may not comply with the new performance standards found within the ordinance. However, none of the existing uses will become non conforming. Meaning that aspects (setbacks, screening, budding materials and the like) of the site development may become non conforming, although none of the existing business uses would become illegal under these changes. It should be noted that some of the existing businesses currently have aspects of their operation or development which do not comply with the existing ordinance cntena and would be considered non- 2 conforming without the proposed changes. Examples of existing non conformities are that many of the sites do not have a 10° o building coverage on the property or do not meet the current exterior materials standards Under Minnesota law, existing non conforming developments at the time of the adoption of these changes are "grandfathered in This means that the structures associated with the industrial uses may be repaired, replaced, restored, maintained or improved "as is However, any enlargements or expansions must meet the new performance standards (setbacks, screening, building materials and the like) Should the non- conforming structure be destroyed by fire or other peril, even by more than 50% of the market value may be rebuilt in its current condition if a building permit is applied for within 180 days As mentioned previously the intent of the ordinance amendments is to have more stringent performance standards in the mdustnal zoning districts and upgrade new developments coming into the City from some of the current businesses. We have provided photos of the current General Industrial properties in the community for the Council's mformanon. Whether to move fonvard on the text amendments is a pohcy decision for the Council. If the Council is comfortable with the industrial developments resulting from the current ordinances; the text amendments should not be adopted. CONCLUSION Attached for your review are draft copses of the revised GI General Industrial District, a new HI Heavy Industnal District, new definitions for the terms Heavy Manufacturing, Outdoor Storage /Display, and Recycling Operation, as well as a map illustrating how the current GI Distract could be reallocated based on the uses and performance standards outlined m these districts. These zoning text amendments focus on updating architectural and outdoor storage standards as well as reallocating refuting and chemical processing uses to the HI Heavy Industrial district. Prior to formal action by the Council, staff felt it would be prudent to review the final draft of these text amendments and survey the Council on the process for any associated rezoning which may be necessary as a result of these text changes. At the last work session, it was indicated that there may be some questions about the proposal. The questions were more policy in nature and are reflected m the text above. The only modifications to the ordinance drafts ate based upon Commission direction. 3 EXCERPT FROM MINUTES CITY COUNCIL WORK SESSION MEETING AUGUST 9, 2006 2.A. Industrial Districts Zoning Text Amendment for the GI- General Industrial and HI -Heavy Industrial District Community Development Director Lindquist brought the item forward to the City Council to ensure the members were comfortable with the amendment as it moves through the Planning Commission and Council review process Ms. Lindquist noted several business owners have submitted comments during the planning process related to the text amendment. The creation of the Heavy Industrial district was intended to be a fall-back for properties that would no longer fit under the General Industrial zoning standards. She noted the primary issues to consider with the Heavy Industrial district is uses pernutted include buildings or equipment and equipment also becomes a principal use on the site. Ms. Lindquist stated the second part of the public hearing on the text amendment will be held on August 22, 2006. Ms Lindquist outlined the five main issues inclusion of three businesses in the heavy industrial distnct, setback standards, height standards, map changes; and defrmuon of a recycling operation. Ms. Lindquist also explained the process m bringing the rezoning and comprehensive plan amendments that would require Met Council approval. Mayor Droste expressed concern with the height of the stacks and the possibility of having different requirements on the east side of Highway 52 for properties along the bluff area, near the Mississippi River. Ms. Lindquist stated the much of the area along the bluff is zoned general industrial and the height restriction is 75 feet. Council Member Sterner questioned the setbacks for outdoor storage and how the setback may hmit current business owners. Ms. Lindquist stated the intent of staff and Planning Commission was to limit the outdoor storage because under the current ordinance there were very loose standards Discussion ensued regarding accessory structure setbacks and required screening. Council Member DeBettigmes reviewed the standards asking for clarification Ms Lindquist stated the primary object is to screen the outside storage from the public right -of -way Council Member Sterner stated his concerns with the text amendment and the affect on current businesses. Ms Lindquist recognized that there will be components of businesses that will be nonconforming; however, currently there are nonconforming businesses under the current standards. The intent of the ordinance amendments is to upgrade standards so that future development will be different than the some of the existing. Ms. Lindquist stated the item is tentatively scheduled to go to the City Council on September 26` The City Council suggested bringing the item back at the September work session to address Council Member Sterner's concerns and staff would also provide information on the amount of undeveloped and in the general industrial district. City Council was directed to bring any additional issues to Ms. Lindquist pnor to the August 22, 2006 Planning Commission meeting Scott Doman, Plant Manager, CF Industries, Inc 5300 Pine Bend Trail, Rosemount, stated CF Industries may possibly build a warehouse but with the spht in zoning districts on their property feels growth may be limited. EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING AUGUST 22, 2006 5.c. 06 -33 -TA General Industrial Text Amendment. This item represents the continuation of the public hearing which began on July 25, 2006 regarding amending the General Industrial District, creating a new Heavy Industrial District, and amending the definitions for Heavy Manufacturing, Outdoor Storage /Display and Recycling Operation During that meeting, the Commission heard a presentation from staff regarding the remaining outstanding issues, took comments from the public, and directed staff to meet with individual property owners to aid in addressing their concerns. The Commission also upheld staff's recommendations regarding the following issues: 1. Include CF Industries, Continental Nitrogen, and Dixie,Petro Chemical m the Heavy Industrial District. 2. Maintain the proposed 300 foot setback but incorporate staggered setback standards based on the height of the applicable structure. 3. Maintain the proposed 200 foot maximum height standard with additional height possible through a conditional use perrmt. 4. Defer rezoning of properties to the draft Heavy Industrial zoning boundary until completion of the text amendment process. Rezonings will be initiated as implementation of the Comprehensive Plan 5. Amend the definition of Recycling Operation to exclude businesses that use recycled materials to manufacture a fuushed product. Since the July meeting, staff has met with representatives from CF Industries, Flint Hills Resources and Continental Nitrogen and resolved issues related to including CF Industries, Continental Nitrogen, and Dixie Petro Chemical in the Heavy Industrial District, potential changes to the draft Heavy Industrial zoning boundary, and the definition of a Recycling Operation. However, many of these same businesses are still concerned with the proposed setback and height standards. Planner Lindahl further reviewed comments from specific industrial companies and how the changes m the ordinances would affect them Mr Lindahl also reviewed the City Council discussion during a work session on August 9, 2006. Mr. Lindahl provided to the Commission 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 districts. The Plannuig Commission held a public hearing to review these items on July 25, 2006 and the City Council reviewed the text during a work session on August 9, 2006. While staff has worked with local businesses to resolve most of the outstanding issues related to the text changes, the final muumum setbacks and maximum height standards remain unsettled. Both CF Industries and Flint Hills Resources have submitted written proposals for these standards which are attached for your review By comparison, staff recommends the staggered setbacks outlined above and maintauung the 300 foot setback and 200 height standards. Staff requests direction from the Commission regarding the setback and height proposals and recommends forwarding the draft ordinances onto the City Council with a recommendation for approval There were no formal questions received from the Council for Plannmg Commission consideration. Mr. Lindahl pointed out proposed setback lines on the maps provided to the Commission for each business that has the potential to be included in the heavy industrial district. Chairperson Messner opened the public heating. Don Kern, Flint Hills Resources, 12555 Clark Road, Rosemount, Minnesota, approached the Commission and provided an additional setback and height requirement diagram and an equipment diagram showing the height of current structures describing how the text amendment would affect their business. Commissioner Palda questioned the height and location of future tanks on the site. Mr. Walter Rockenstein, Faegre Benson, 2200 Wells Fargo Center, Minneapolis, Minnesota, representing Fhnt Hills Resources approached the Commission. They were under the impression that at the same time the Commission set forth the text amendments, rezoning would be done at the same time. Since this is not the case, this causes great concern for Flint Hills. If the zoning text changes, they are now defined in a different zone but are not actually zoned in that district. Expansion would be impossible. They would like the Planning Commission's recommendation to the City Council to include rezoning. Ms. Lindquist confirmed to the Commission that the City Council has the ability to address Mr. Rockenstem's rezoning issues at a future work session. Tom Mollet, CF Industries, Inc., 5300 Pine Bend Trail„ Rosemount, Minnesota 55068, approached the Commission and introduced Timothy Keane, of Leonard, Street Deinard, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402, representing CF Industries Mr Keane stressed the history of CF Industries and the importance of the business m the commumty He agreed with Mr. Rockenstem that the text amendment without the zoning amendment creates a difficulty for CF Industries as well. Mr. Keane reviewed the items contained m the letter submitted to the Commission by Leonard, Street Demard. Tim Erkkila, Westwood Professional, 7599 Anagram Drive, Eden Prairie, Minnesota 55344, approached the Commission. Mr Erkkila reminded the Commission that the proposed HI zoning line falls in the middle of the CF Industries site They would like their entire site included under one zoning district. Then second issue was the proposed setback language would create a 300 foot setback within then site plus an additional 50 foot setback Their third issue was with respect to the graphic to the zoning and general industrial line. Chairperson Messner asked if Mr. Erkkila had a map of all sites that are owned by CF Industries and Mr. Erkk presented one for viewing Chairperson Messner questioned which bulk matenals run through CF Industries and how much outdoor storage they have. Mr Mollet replied that CF Industries has worked with crushed granite, golf course sand, pieces of equipment for Flint Hills Resources through the barge area, and recently, stored pipe for the water line He replied that CF Industries presently has no outdoor storage unless they obtain a conditional use permit Chairperson Messner suggested it would be easier if there was one tax parcel with one tax owner. He is concerned that m a multi- parcel situation, in the event part of the parcel is sold at a later date and if it is then zoned heavy industrial, then any new user would be able to set up a business under the heavy industrial zoning MOTION by Messner to close the Public Hearing. Second by Schultz. Ayes: All. Nays None Motion approved. Public hearing was closed at 8:06 p.m. The main points for discussion were structural height limitation, building height requirement, setback requirements, and the defuution of bulk materials. With respect to the structural height limitation, Chairperson Messner stated there is no reason why they picked 200 feet. The Commission agreed that given the amount of equipment received at Fhnt Hills and other businesses, the structural height hnutauon could be increased to 250 feet, and anything beyond would require a conditional use permit. With respect to the building height requirement, the Commission agreed that it would remain at 75 feet and anything higher would require a conditional use permit. The Commission agreed on the following setback requirements: (how many tax parcels in Flint Hills owns 6 -8 within the main refinery, approximately 50 total owned) 75 -150 foot setback. less than or equal to 20 feet to height limitation Lindquist stated that 150 -300 foot setback is more important than the 35 -75 height limitation. If we change the setback requirements, would screening have to be changed also. Messner okay with 35 feet (75 -150 feet) Commission agreed. Height of Structure Less than or equal to 20 20 35 feet 35 50 feet (35 for tanks) 50 200 feet Setback Standard 75 feet 75 feet 150 feet. 300 feet Anything over 200 would require a CUP. Chairperson Messner stated bulk materials are to be included as an accessory use. Mr. Lindahl commented that aggregate or sand would be similar to aggregate production and would be allowed as a conditional use under the heavy industrial ordinance as it is wntten. Chairperson Messner stated that on sideyard setback requirements with respect to common ownership, property should be owned as one big tax parcel as opposed to multiple tax parcels. Mr. Lindahl confirmed business owners could combine multiple parcels and subdivide without City approval pursuant to state statute. This would be a benefit to the property owners and would elmimate the setback problem within their parcels. Commissioner Schwartz stated that screening requirements for public right -of -ways such as T.H. 55 should be increased It was mentioned that there are other side roads that would be subject to those conditions and would therefore change the setback standards for those roads and businesses as well. The Commission decided to move the Text Amendment item forward to the City Council without making a recommendation for rezoning on any particular properties. The City Council can decide to rezone before approving the text amendments. Commissioner Schultz stated she does not feel comfortable with the 50 foot height requirements thinking that 60 feet is a better number. However, the Commission agreed to stay with 50 feet. MOTION by Commissioner Messner to recommend the City Council approve the revised draft Ordinances amending Section 11- 4 -16 -1 (General Industrial District), Section 11- 4 -16 -2 (Heavy Industrial Distract), and Section 11 -1 -1 (Definitions for Heavy Manufacturng, Outdoor Storage /Display, and Recycling Operation) Second by Schwartz. Ayes. All. Nays: None. Motion approved. LEONARD STREET AND DEINARD August 17, 2006 VIA EMAIL Ms. Kimberly Lindquist Director of Community Development City of Rosemount 2875 145th Street West Rosemount, MN 55068 -4941 Dear Ms Lindquist' 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 612- MAIN 612- FAX TODD M. PHELPS (612) 335-1871 todd.phelps@leonard coin RE: CF Industries Objections to the City of Rosemount Case No. 06 -33 -TA "Industrial Districts Zoning Text Amendment for the GI— General Industrial and HI —Heavy Industrial District" (the "Text Amendments') Our File No. 52478.00024 On behalf CF Industries, Inc. "CFI we are sending you this letter as a follow up to our meeting with Jason Lindahl on Monday, August 14. 2006, at which time we received the revised Text Amendments (a marked -up copy is attached) We have reviewed the revised Text Amendments and, in addition to those objections raised in our correspondence to you dated July 10, 2006, we have the following objections: Rosemount Zoning Ordinance B, Section 11 14 "Heavy Manufacturing The proposed definition of `Heavy Manufactunng" should be revised as follows: The refinement and storage of raw or unprocessed materials into a finished product which may be combustible or explosive as well as chemical,. bulk material or fertilizer blending, storage and or distnbution. CFI respectfully requests that "bulk material" be added to this definition in order to accommodate its business plans to expand its operations in the tuture. Additionally, the word "and" should be changed to "or" because in some cases, CFI does not "blend" its products—it merely stores or distributes them. As currently drafted, CFI would need to blend, store and distribute all of its products in order to meet the definition of "Heavy Manufactunng' This revision would be consistent with the current language in (3) of the definition of "Outdoor Storage/Display Rosemount Zoning Ordinance B, Section 6.16 "11 4 16 2: HI Heavy Industrial District For the same reason, the proposed "HI, Heavy Industrial Distract" should be revised as follows 11- 4- 16 -2(M. Purpose and Intent The purpose of the HI, Heavy Industrial District is to provide for the establishment of uses that refine and store combustible or explosive materials or blend, store and or distribute chemicals bulk material or fertilizer. LAW OFFICES IN MINNEAPOLIS MANKATO ST CLOUD WASHINGTON, D.C. A thoftdsional Assocfnuon 3517060 1 W W W.LF.ONARD COM City of Rosemount August 17, 2006 Page 2 11 4 16 2(C)(3)(h)(1) and (2) Outdoor Storage Setback and Screening. The following sentence should be added to this paragraph For purposes of Section C(3)(h)(1) and (2) "public right of way' shall not include collector roads or navigable waterways. Given the remote location and natural screening of CFI and its operations, it does not make any sense to require 35 foot high screening for outdoor storage on CFI's property 11 4 16 2(F); "Lot and Building Requirements. ...(5) Minimum Front Yard Setback: (a) Principal Structure:. 300 fctt 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.. 300 feet the lesser of (1) 200 feet, or (2) the height of the principal structure located adjacent to the Side Yard No side yard setback is required between separate lots that are under common ownership 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 waterway." 11- 4- 16 -2(F): "Lot and Building Requirements (9) Building Size: (a) Maximum Building Height 75 feet (The City Council May Allow Principal or Accessory Buildings to Exceed this Height Through issuance of a Conditional Use Permit.)" 11 4 16 2(G): "Site and Building Standards" The following sentence should be added to this paragraph "This Section 11 4 16 2(G) does not apply to buildings used for a principal use." As presently drafted, there is an ambiguity as to whether this section only applies to accessory, conditional or interim uses or if the intent is to include principal uses. 11 4 16 1: GI General Industrial District CFI restates its previous objections to the General industrial District and is proceeding with the desire that all of the CFI property be classified as Heavy industrial. The primary reason for this is revealed in the "Purpose and Intent" of the General Industrial District, which provides: "The Gi, General Industrial Distnct is the preferred transition distnct between the Heavy Industrial District and may be compatible with residential uses or include relatively higher on -site populations CFI has been open and honest with the City about its operations throughout this process. CFI has invited city staff, planning commissioners, city coucilmembers and the mayor to tour its facility and to see its operations firsthand. We have provided you with Material Safety Data Sheets outlining the chemicals used in its operations. Based on the facts, it is axiomatic that CFI's current operation and planned future expansion are incompatible with residential uses or Higher on -site populations The reason that CFI owns 382 acres is to insulate Itself from incompatible non -heavy industrial uses (such as residential) and to have room to expand its operations in the future CFI will strenuously resist any attempt to classify its 3517060 1 2 City of Rosemount August 17, 2006 Page 3 properly as a "transitional district" towards residential or that negatively impacts in current or future operations. Encl cc: Jason Lindahl (via email) Scott DoInnen (via email) Toni Moliet (via email) Bill Droste (via email) Tim Keane (via email) Tim Erkkila (via email) Paul Cassidy (via email) 3517060 t 3 Yours truly, LEONARD, STREET AND DEINARD Pr ofesstonal Association By 7 ddM 6e lp s ,'Esq Real Property Law Specialist, certified by the Minnesota Stale Bar Association FLINT HILLS RESOURCES Pine Bend Refinery September 6, 2006 Jason Lindahl, AICP Planner Community Development Department City of Rosemount 2875 145th Street West Rosemount, MN 55068 -4997 Dear Jason: Re: Rosemount Industrial Districts Zoning Process HAND DELIVERED DIANE S. KOEBELE DIRECTOR NORTHERN TIER PUBLIC AFFPIR5 PO. Box 64596 Saint Paul, MN 55164 -0596 651 437 0560 Fax 651 437 0868 Flint Hills Resources, LP appreciates the thorough approach you have taken to the proposed changes in the City's industrial zoning ordinances We especially value the creation of a new Heavy Industrial (HI) District to accommodate the Pine Bend Refinery and other heavy industnal users As we proceed to City Council consideration of these ordinance changes, Flint Hills makes two requests of vital importance to the ongoing operation and future expansion of the Refinery. First, Flint Hills asks that the City Council not adopt the proposed ordinance changes (either the new HT Distract ordinance or changes to the General Industry (GI) District ordinance) until the ordinance rezoning properties to the HI District can be adopted simultaneously If the zoning ordinance amendments are adopted first, then Flint Hills and other heavy mdustnes may become legal nonconforming users in the GI District and, if that happens, may not be able to expand their businesses until their properties are rezoned to the HI District. Flint Hills has 30 -plus projects under construction, scheduled, and planned over the next 6 months, many arguably involving Refinery expansion. Flint Hills cannot afford uncertainty about whether these projects can proceed. Second, Flint Hills asks that the City rezone property owned by Flint Hills just north of 140th Street and west of Blaine Avenue (South Parcels) to the HI District. The South Parcels are shown on Exhibit A Land Use Comp Plan attached. (As you know, several of these parcels have not been shown as rezoned to the HI District on the preliminary rezoning maps distributed at Plauung Commission meetings.) Flmt Hills makes this request now because rezoning these Parcels necessitates notice of a minor Comprehensive Plan change for South Parcels at the same time the City notices the Hl rezoning ordinance to avoid delays in the rezoning process The South Parcels are currently guided AG- Agriculture and m one case GI- General Industrial as also shown on Jason Lindahl, AICP September 6, 2006 Page 2 Exhibit A. They are currently zoned a mix of AGP- Agricultural Preserve, GI- General Industrial, and AG- Agriculture as shown on Exhibit B Zoning Map. Exhibit C Industrial Districts (Draft) shows the rezoning requested by Flint Hills. The current zoning, the zoning requested by Flint Hills, and the prelmmnary rezoning maps prepared by City staff all conflict with the Land Use Comp Plan, so a Comprehensive Plan change should be completed with the rezoning. Why does Flint Hills continue to seek an HI District designation for the South Parcels? Early m this mdustrial district zoning process, City staff asked Flint Hills to identify the expected future limits of the Pine Bend Refinery and not to overreach as it did so. City staff also asked that the Refinery boundary be kept east of Rich Valley Boulevard and Blaine Avenue Flint Hills understood these limits would be respected in the subsequent mdustnal distribt zoning process So Flint Hills carefully considered this request and provided a map that included the South Parcels and did not show any Refinery development west of Rich Valley Boulevard or Blame Avenue. To keep the Pine Bend Refinery east of Rich Valley Boulevard and Blaine Avenue, Flint Hills must be able to expand south onto the South Parcels. If you have any questions concerning these requests, please call me Sincerely, Diane S Koebele Director, Northern Tier Public Affairs DSK/nn cc: Kim Lindquist Jamie Verbrugge Y tlgt MN ill i do Am i�lll e. I ll l�l Lti riComo is .k. .vostirr all b i :'ii 1!: 'Vie iz! .YC OWl 1i1. f B.„.0 rim wit yeti aro !y in lilifl &t' hi Praim END RES PROCESSING; LLC Innovative Processing of Food Waste July 21, 2006 Kim Lindquist Community Development Director City of Rosemount 2875 -145 Street West Rosemount, Minnesota 55068 -4941 Re: City of Rosemount General Industrial and Heavy Industrial District Text Amendment and Draft Zoning Map Comments on Definition of Recycling Operation and Endres Uses Dear Ms. Lindquist: 13420 Courthouse Boulevard Rosemount, Minnesota 550668 -2055 Phone (651) 438 -3113 Fax: (651) 438 -3011 On July 13, 2006 we met with Eric Zweber and Jason Lindahil of the City Staff in connection with the proposed text amendments to the General Industrial Zone As you may recall, during the Planning Commission Workshops we discussed several issues with you regarding our operations which we will cover below. The first issue is how the defmition of recycling operations may or may not affect Endres Processing's use as a permitted use in the proposed new revised zoning ordinance uses. As you know, Endres Processing refines, compounds, stores, and processes organic materials or products from raw or unprocessed food wastes and grains such as wheat, corn, barley and other organic products. We understand that based on conversations and the discussion by the Planning Commission and by staff that the Endres Processing operations "Processing Facility would not be considered a "Recycling Operation" in the context of the zoning text changes. Consequently, the use classification would continue as manufacturing and a permitted use. We believe that a text amendment to the definition of "recycling operation" would clarify the intent of the City and help Endres and other manufacturers who in the manufacturing process, use "recycled" materials and processes these materials into a new product. To that end, we would like to propose the following text amendment to the definition of recycling operation as defined in Section 11 -1 -4 of the Rosemount City Code. The current definition reads as follows "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 luntted to, scrap iron, and other metals, paper, rags, bottles and lumber." We would like the definition to be amended to read as follows: Ms. Kim Lindquist Page 2 "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 limited to, scrap iron, and other metals, paper, rags, bottles and lumber. This definition specifically excludes manufacturers whose operations result in the manufacture or production of new products." While we respect the City's desire to make the traditional recycling operations, salvage yards and scrap yards as a conditional use, we do not believe our operations are the type of operations you are trying to address with the ordinance. The difference we think can be addressed by changing the defuution. We want to make certain the current use continues as a permitted use. We would request that you send to us a letter confirming the City's position that the Processing Facility is not a "recycling operation" Second, as you know we are finalizing the plat of Endres Properties Second Addition. That plat creates three lots two lots along the highway (Lots 1 and 2, Block 1) and a third lot which is the current Endres Processing Facility (Lot 3, Block 1). Our comments regarding this proceeding are addressed in a companion letter. However, it was interesting to us to have our plat approval process on a nearly parallel path with the proposed zoning changes both of which actions have a significant impact on our property, the operations of our Processing Facility and the future growth and development of our business in Rosemount. Since 1997, with the help of the City through the establishment of the Endres Tax Increment Financing District (the "TIF District") to its current operations, we have seen a steady growth of our business. It is within that context that we looked at how the changes to the ordinance will affect our future growth. We started wondering whether our long -range plans for the business operations would fit with the inclusion of the Endres processing plant within the newly defused General Industrial "GI District, and more specifically, if our operations were more aligned with the definition of heavy manufacturing rather than medium manufactruing (as that set of uses is defined in the new ordinance). We addressed that concern with you at several of the workshops. Each time both the staff and the Flaming Commission have concluded that our operations do not constitute the uses contemplated by the new ordinance definition of Heavy Manufacturing. While we believe that the two highway parcels will be properly included in the new GI district, we believe, as several of our industrial neighbors have indicated to the City and that our operations at the Processing Facility might fall more directly under the defuution of Heavy Manufacturing, we are willing to proceed in the General Industrial classification based upon the following understandings with the City. 1. Currently, Endres Processing manufactures organic product which is used for poultry and hog feed. However, our current research and development are leading us to believe that these same raw organic products in the future could be processed into fuel products. We are asking that the City recognize that we have addressed this potential future use at this time. 2. In the redefined GI District we will have two conditions which will be affected and probably create non conformities These are both conditions germane to our heavier industrial operational needs and will need to be addressed by the City as it changes the ordinance. Ms. Kim Lindquist Page 3 (a) The first relates to the new General Industrial District height limitation of 70 feet. We currently have elevators, tanks and bins exceeding the 70 foot limitation. These structures are integral to our business operations. We anticipate we may need other structures which will be of similar or greater height. We believe the height should be related to the pre existing operational needs of the business. These structures are typical and necessary conditions m our industry. We have discussed this concern with staff and they have suggested Endres seek a variance. We are requesting that the City respond in writing that this is the correct procedure for the current and the future conditions. (b) The second condition relates to the limitation of outdoor structures to 15% of the floor area of the building. Currently, Endres has outdoor structures which would measure nearly 100% of the building floor area. These large unscreened outdoor structures include conveyor belt systems, storage silos, tanks, a bag house filter system, tube and shell heat exchanger and a bio mass burner. These outdoor structures are not able to be integrated into the building design as the operation of these structures demand the operational separation outside. Similarly this condition might create a non conformity under the new GI Distract. We would like the City to address in writing that the Processing Facility use and operating conditions, including the height, outdoor structures, outside storage and other conditions are permitted uses and if a non conformity exists, the procedure to establish conformity is a variance and that similarly, this condition, in any event, would not be viewed negatively m any variance or future conditional use request proceeding. It is our hope that the City's efforts to provide standardization and uniformity in the zoning process will not result m the restriction of the ability of our business and the businesses of our industrial neighbors to operate in the manner necessary for their continued industrial growth and the continued growth and development of the City of Rosemount. If you have any questions, please don't hesitate to contact me at phone number (651) 438 -3113, ext. 200 or contact Gary N. Petersen, the President of Endres Processing, at (651) 438 3113, ext. 109. Very truly yours, ENDRES PROCESSING, LLC Leon J. Endres cc: Eric Zweber, Senior Planner Jason Lindahl, Assistant City Planner Daniel R. Tyson James Stunn 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: Section 1. Rosemount Zoning Ordinance B, Section 11 -4-16 is hereby stricken and replaced as follows: 8ofthi3c dc. 0crccn, d. City of Rosemount Ordinance No. B- 2. A„ s halt, cement and concrete productu,n 4. C mmercial use antennas and c mmcrcial use antenna t wets; pan sd‘.I 1..,wtVCr, aimsnes:cial use antenna t., viers arc permitted nly in that part syf thc city cast of a _lint that b. gins nc half (112) ..dh ,acst ofRich Valley Boulevard. 6. Mineral extracts n, subject t requirements f accts n 11 10 1 f th:a title 7. Motor freight terminals. 8. Reeyehns perati na, subjcct to of sccti 11 10 5 of this title. 9. fcrtiliz, r storage. 10. Related and auppoit office and commercial uses provided thcy are located within the as se structure as the e nncipal use. 11. Self service st rage facility subjcct t thc followin standards. 1 1. b or ge apace penmgs shall be oriented internally t thc facihty and shall n t directly face a public ce or adjoining-property. c. Green space, planting clusters and bcrmmg shall p asible, be strategically designed and located ar and pcntug be veal st r,.ge facility structures. facility structures. c. utd r .;t rage of equipment and .....teuals i..ay be approved foe tl.c storage c ndtti na ..cc satt;ficd and met f the storage fac hry buildin and fence enel s. el -see r f sz, r 2 1ght f the utd nr storage cquip...cut and materials shall n t exceed that f thc adjacent building and/ r fenced arca 1996; rd. B 71, 11 5 19%) Of usca shall be required e use the PUD r ccdurc. R.,fcr to seen n 11 10 6 f this title for PUD requirements (Ord B, 9-1-9 -1989) D. Uses Permitted By Intci.... Uae Pet..nt: 2 pubhEdtstrtet of thc overall height and fifty percent (50 paqu., to fifty percent (50 f the vetall height f the plant as viewed from eye level front surr uniting right f way or roadways „pcctficd ha subsection E9b of this section. city and ther agcnucs as required. The asphalt plant wncr sh,dl -lit yapomtblc f r road unfit vemcnts and ca ement, needed for ingrc33 and egress subject t appr val by the city, az well as the c unty laghwayj department r thc Minne3 to cl,partmcnt of transp rtation as required. city access and design standards. The owner f the asphalt plant shall be rcaponsiblc f r all c Sts a3s elated with r ad impr vcmcnts rcgiurcd t acrvc the use. is rm.,,.3, or twenty- perccat (2(r't) op city as determined by the RSPCA. Furthet crruss1 n3 shall c nform t standards act by Elm and RSPCA. acrc,G,, thc bou..dari s f the 1 t or thr ugh percolati a int die 3ubs f d,, lot h.,alth, safety-, c mfort or welfare; t, cause injury r damage to pr F erty er bu3h.c33. matter of such quahty as t be readily detectable bcy nd thc lot hnc f the site n wlach such use i3 located requirements and bonding f r restoran n standards for mineral extraction cpacified m section 11 10 1 of this ndc. 2. C acial utd r recreathin. 3. Spent ham 'te disp sal facility as an aacesoory usc 4. Temp rary buildin access ry t an app r vcd c nstructi n project subject to: a. Execution f an intarn— use pc:, ark-agreement specifying the cxptcati n f the IUP and rem val of the temporal- builduag(s). si:% °rains, cc at the discretion of thc citi 1. Subsecti n 11 5 2A1 f this title. 2. Subaecti n 11 6 tLandcd n 11 6 3 f this standards spCcified within this tide, and be set back five hundred feet (500') from ad) unisgft right f way t visually screened fr m pubhc Ja of way, public/institutkinal or ccsidenual districts r uscs. If thc building is n t treatment of the tct rary structure. 0 Tentp arc subject t building c de pernuti and requircmcnta. g. The am must accomm date adcquata parkin for di, intended use, as pr p acd by thc property owner, 4494r Ord. B 32, 9 1 1 1993; Ord. B 111, 10 19 2001; Ord. B 150, 1 28- E. L t And Bud Rcquatcmcntai 1, Minusiasi 1 t atca: Five (5) acres. 2. 11/2firumum I t width n/a 4 3. Maximum lot coverage Fifty percent (50%). 4. Mh.i...um district 3izC. 5. Minimu. fr nt yard sctback. a. Principal structure- Seventy- five fcct (75'). b. Acces3 ry structure: Seventy five feet (75') 6. Mimmum side yard setback: 8. P__' a -s„,nfe 9.,, Budding sizes A. Pu .ose and Intent: The 11- 4 -16 -1: GI GENERAL INDUSTRIAL DISTRICT: Tcn (10) acrd b. .yc 33 ry structure: Fifty feet (50'). 7. Minua.uiti r yard .,.,tback• a. Principal structure. b. Accessory Structure. Fifty feet (50'). Fifty fcct (50 a. Mh irnum fr nt yard setback. i F rty feet (10') ati b. Minimum 3ldcyard setback. Twenty five fcct (25'). Fifty-feet-(30 a. Maximuts. building height (principal or acccaaory)• .Seventy five fcct (75'). protective wetlands. (Ord. B ovide ose of the GI General Industrial District is to 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 trailer storage but exclude heavy industrial uses. The General Industrial Distnct is the preferred transition district between the Heavy Industrial District and may be compatible with residential uses or include relativel In her on -site 'o.ulations sub ect to hi he .erformance standards 5 B. Permitted Uses. 1. Adult uses as defined and mutilated ui section 11 -7 -5 of this title and Title2, Chapter 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 Repair Services, excluding Automotive Repair and the like. 5. Light or Medium Manufacturing, Processing, and Assembly Uses. 6. Mineral Extraction, Subject to requirements of Section 11=10 -4 7. Motor Freight Terminals. 8. Essential Services. 9. Testing. Research Laborato U ses. 10. Transit Stations /Park and Ride 11. Warehousing, Wholesahng and Distnbution Uses. r C. Accessory Uses. 'The following uses shall be pernutted accessory uses in the GI General Industrial District- 1. Office Uses Accessory t a Permitted or Conditional Use. Off Street Parking or Loading for a Permitted, Conditional or Interim Use. 3. Outdoor Dis.la Stora a or Sales sub' ct to the folio a. The outdoor display /storage or sales area shall be designed to limit its effects on adjacent properties and public rights) -of -way. b. The outdoor display /storage or sales area shall be surfaced with concrete or an approved equivalent to control dust. c. The outdoor dis.la r storage or sales area shall not take u. or interfere with access to, any required parking, loading, maneuvering or pedestrian area. d. The outdoor display /storage or sales area shall be maintained m a neat and orderly fashion. 6 e No public address system shall be audible from a non commercial or non- industrial use or distract. f. The outdoor dispUilstorage or sales area shall be clearly identified on the a proved site .lan for the ro ect ma onl be located in either a side or rear g. 1• ard, and shall not encroach into any reuuired Accesso Structure setback Any outdoor display /storage or sales area shall be completely enclosed by screening as follows 1. Any portion of an outdoor display /storage or sales area adjacent to a pubhc right -of -way or non industrial use or district shall be screened from eye -level view from the public right -of -way or non industrial use or district by a one hundred percent (100 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, landscaping and berming, natural topography, screening walls or a combination thereof Any screening wall shall be made of the same materials as the principal building and shall not extend more than seventy feet (70) without a change in architecture to reduce its mass and appearance. 2. The portion(s) of outdoor"display /storage or sales area(s) adjacent to an industrial use or distnct shall be required to be screened from eye -level view from other mdustnal uses or districts by at least a fifty (50) 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 any of the items listed Section 4- 16- 1.C.3.g.1 or fencing h. The outdoor dis Ia storage br sales area is limited to an area equal to thirty (30) percent bf the gross area of the site: The square footage of the outdoor display /storage or sales 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. Th p erimeter measurement of the outdoor display /storage or sales area shall be included in the calculation of required foundation plantings. k. Outdoor display /storage or sales related to Trailer. Construction or Agncultural Machmen Sales or Rental shall be subject to those standards identified elsewhere in Ordinance B specific to such use 4. Outdoor Structures: Functioning structures such as conveyor belt systems, cooling towers, storage silos or the like that are accessory and integral to the principal use of the site may be exempt from the requirements of Section 11 -2 -9 (Outdoor Storage) subject to the following: 7 a. The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into a building design b. The site and building 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 right(s)s -of -way. c. The outdoor structure or equipment shall be located on an approved surface in a remote location that is not adjacen t o any pubhc right -of -way or non industrial use or district. d. The a• revate area for outdoor structure or equipment shall be limited to an area ee ual to fifteen (15) percent of t he gross floor are of the p rinci p al buildin and to a hei not to exceed seven 70 feet La rger areas or taller structures o eegwpment 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. f. The City may exempt outdbor structure or equipment from the Site and Building Perfoiniance Standards in Section 11- 4-16 -1 G; however all such structures or equipment must be functional and shall be made of high quality long lasting material comsatible with both ad acent .rosernes and other buildins 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 District and are subject to the conditional use permit provisions outlined m Ordinance B 1. Recycling Operations, Subject to the Requirements of Section 11 -10 -4 2. Self- Service Storage Facilities, subject to the requirements of the C -3 District m Section 11- 4- 13.D.11 except as follows: a. All storage shall be maintained m the storage space and there shall be no outdoor storage of any products, equipment or other material within the storage facility sire: except that outdoor storage for licensed, operable recreation vehicles shall be permitted provided the amount is not more than ninetypercent 90% of the area occupied by buildings. 3. Trailer Construction or A ricultural 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. 8 a. A principal structure must be built on the site. b. Landscape and Horticultural Services are subject to the requirements of the GI District Secnon 11- 4- 18.D.6 for Outdoor Display /Storage or Sales 5. Wholesale Lumber and Construction Materials Businesses, subject to: 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 m this distract 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 is the GI General Industrial Distract and are subject to the interim use permit provisions outlined in Ordinance B 1. Asphalt Plant, Cement and Concrete Production and Related Proces'smg of Stockpile Materials subject to the following: a. The asphalt, cement, or concrete plant and all equipment 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 Rdidennal or Public distract. b. The plan €and all equipment and riiatenals associated with it shall be setback a minimum of 75 feet from an .ro.er bounda ]me and screened b 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 o the plant as viewed from eye level from surrounding nght -of -way or roadwa 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: 1. Supplementary Regulations Section 11 -5 -2.A Building Type and Construction Sub C. 2. Section 11 -6 -1.L Off Street Parkin Des i 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. 5. Section 11- 4- 16- 1.F.b, Minimum Building Size. 9 d. Traffic generated by these uses shall utilize haul routes approved by the City and other agencies as required The plant owner shall be responsible for road improvements and casements needed for ingress and egess subject to approval by the Ciro, as well as the County Highway Department or the Minnesota Department of Transportation as required e Traffic generated by these uses shall enter onto streets consistent with City access and dest standards. The owner of these uses shall be responsible for all costs associated with road improvements required to serve the use f. Sto associated with these uses shall be limited to"a:he of fiftyf50 feet. g. No smoke or particulate matter shall be discharged that is darker than No. 1 classification of the Rin lemann Smoke Chart furnished 67 the U S Bureau of Mines, or 20 °,'0 opacity as determined by the hfPCA. 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 th 16t, 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 m such concentrations as to be detrunental to or endanger the public health safe comfort or welfare• or cause m u or dama e to .ro.er o business. i. These uses shall operate in a way so as to pre the emission of odorous matter of such auahty as to be readily detectable beyond the lot line of the site on a. which such use is located. These uses shall comply with the applicable operating, special requirements and bondin for restoration standards for Mineral Extraction specified in Section 11- 10 -4 of Ordinance B (Ord. B -1S0 01/28/05) 2. Commercial Outdoor Recreation. subject to the following: Commercial outdoor recreation uses m followine standards of the zonm ordinance at the discretion of the C be exem t from conformance with the Council: 1. Supplementary Regulat Sect 11 -5 -2.A BuildmgType 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. 10 5. Section 11- 4- 16 -1.F.b Minimum Building Size. 3 Spent Bauxite Disposal Facilities as an Accessory Use only (Ordmance B -13, 9 -17- 91) 4. 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 buildmg(s) b. Temporary buildings are subject to the Interim Use Permit standards, findin and conditions specified in Section 11 -10 -7 of Ordmance B c. Temporary buildings may be exempt from conformance with the following standards of the zoning_ordmance at the discretion of the City Council: h 1. Supplementary Regulations Section 11 -5 -2 A Building Type and Construction Sub C: ,v 2. Section 11 -6 -1.L Off Street Parking Design and Construction Standards 3. Section 11 -6 -3 Landscapirrg.Requirements 4. Section 11- 4- 16 -1.G Site and Btiildirig.Standards'£or the GI, General Industrial District "'r; 5. Section 1:H- 4- 16- 1'.'F.b, Minimum Building Size. d Tem porary buildings shall conform to all other General Industrial District standards specified within Ordinance B, and be setback a minimum of 500 feet from ad oinm. .ubhc ri ht -of -wa or visuall screened from public nght -of -way, public /institutional or residential districts or uses. If the building is not appropriately screened. the City may require additional landscaping or enhanced treatment of the temporary structure. e. Temporary buildings are subject to Building Code pernuts and requirements. f. Tem.ora buildim s are sub ect to Fire Code ermits and requirements. g. The site must accommodate adequate parking for the intended use. Site adm r and drama must com.ly with C ordinances and En Guidelines. The City Council may, at it's discretion waive some of the requirements if alternative solutions are acceptable. eenn 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. 11 F. Lot and Building Requirements: 1. Minimum Lot Area: 5 acres 2. Minimum Lot Width. N/A 3. Maximum Lot Coverage 70% 4. Minimum District Size 10 acres 5. Minimum Front Yard Setback: a. Principal Structure. 75 feet b. Accessory Structure: sf 75 feet 6. Minimum Side Yard Setback: a. Principal Structure'- 50 feet fy b. Accessory Structure:.. 50 feet 7. Minimum Rear Yard Setback? a. Principal Structure: 8. Parking Setback: increases shall apply, 50 feet b. Accessory Structure:..........:, 50 feet Minimum Front Yar 40 feet b. Minimum Side Yard Setback: 25 feet c. Minimum Rear Yard Setback 50 feet 9. Building Size: a. Maximum Building Height (Principal or Accesory) 75 feet b. Minimum Building Size• 10 of Subject Property excluding protective wetlands 10. Buffer Yard and Setback Increases: When a permitted, accessory, Interim, or conditional use abuts an of the items listed in the table below the a..hcable setback 12 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 Industnal Use or District G. *Residential Uses Districts: A buffer yard equal to thixty(301 feet or two (2) times the hevht of the buildm whichever is •reater shall be re.uired alone an side or rear property line abutting anv non commercial or non industrial use or district. This area shall contain landscaping and bermmg to provide a ninety (90) percent o aci screen to a height of at least six (6) feet and shall not contain any structures, arkin off street loadm• or stora•e Should landsca.in and bermin• be found ineffective by the City, the City Council may approve screenmg 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 thirty five (35) feet without a change in architecture to reduce their mass and appearance. Site and Buildin Standards. To revent urban bh•hi and ensure .uah lone lastm Sit construction compatible with both adjacent properties and those throughout the distract, all sites and buildings shall comply with the following standards, as well as apphcable sections of Ordinance B 1. Architectural Appearance: While variation in materials and colors that support the general theme may be allowed, non earth tone materials shall be limited to architectural accents The color of the non -bnck or stone portion of the building shall match the predominant brick or stone color portion. a. Entry Features. Building entrances facing a public nght -of -way shall be accented by visually pleasing entry features. Z his feature shall extend a minimum three hundred (300) square feet around a smgle entrance Should the building have more than one entrance facm• a •ublic n ht -of -way- this feature shall extend a minimum one hundred and fifty (150) square feet around each individual entrance b. Comer architectural elements are encouraged to define the edges of a building, 2. Building Massing: Facades facing a pubhc right -of -way or residential use or district shall be articulated to reduce their mass and scale and provide visual interest consistent with Rosemount's identity, character, and scale. Large uninterrupted buildin walls or elevations are prohibited. Any wall facing a pubhc right -of -way or residential uses or district more than one hundred (100) feet m length shall be divided into increments of no more than fifty (50) feet through the articulation of the facade. This shall be achieved through combinations of the following techniques: a. Divisions or breaks in the materials. 13 b. Arcades, entry features, window bays. or the like c. Variations in roof lines or slope plane. d. Variation m building plane or setback. e. Equivalent techniques approved by the City. 3. Permitted Materials: Any extenor wall surface facing a pubhc right -of -way or residential uses or distract shall be constructed of a combination of glass, buck natural stone, spec alty ortegxal colored concrete block (including textured burnished, and rock faced block tile masonry, stone or clay), architectural textured concrete panels cast in place, precast concrete panels or better. All other wall surfaces shall be constructed of at least for (40) percent of these materials The remainin sixty (60) percent of these extenor wall surface may be finished steel or aluminum Unadorned materials are rolnbited. r 4. Pedestrian Circulation: Appropriate pfovisions shall be made to pift tect pedestrian areas from encroachments by irked or movm vehicles Clear and well h•hted walkwa rs shall extend throu out the site and s connector building entrances to adjacent public sidewalks and any parking facihties located on the site. a. A walkway at feast six (6) feet wide shall extend along any facade featuring a buildmg e'n'trance arith any facade abutting a required parking area. b. A continuous and persrianent concrete curb not less than six (6) inches above ade shall se•arate internal sidewalks from •arkin loadm• stackm• and maneuvering areas. c Concrete sidewalks. five (5 )`feet in width, shall be provided along any collector ox arterial street. 5. Li htin Li• htm shall be consistent in character throu site m both des v and bulb e ',rose a. Any light fixture must be placed in such a manner that no fight emitting surface is visible from any residential area or pubhc /private roadway, walkway trail or other public way when viewed at ground level. b. Li ht shall be directed toward the ound Externally ht si• s disslav buildin and aesthetic lighting must be lit from the top and shine downward. Lighting must be shielded to prevent direct glare. c. The level of lighting shall not exceed 0.5 lumens at any residential property line or 1.0 lumen at an non- residential ro er line hout the entire 14 6. Parking and Loading Areas: To reduce the impact of large expanses of paved surfaces provide screening and supply adequate room for snow storage, all parking areas (mcludmg driveways and drive aisles) adjacent to a public right-of-way or resrdennal uses or districts shall be screened and landscaped Trees shrubs flowers and ground cover needed in these areas shall be in addition to the minimum number of the same required by Ordinance B. These scieenmg standards shall also apply to loading areas with the additional requirement that no loading area may face a public right -of -way or non industrial use or district. a. Screenmg. Landscaping and berming shall be the pnmary source for screening parking and loading areas. Should landscaping and berming be found meffecnve 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 rinci al buildin and shall not extend more than seventy (70) feet without a change in architecture to reduce their mass and appearance. Parking area screening shall provide a minimum fifty (50) percent opacity screen to a her ht of at least four 4 feet. Loadm• area screenin shall rovine a muumum ninet (90 perce opacity screen to a height of at least eighteen 181 feet. b. Landscaping: A minimum of five (5) percent of the parking area shall be landscaped. This landscaping shall be located on islands, peninsulas or the like within the perimeter of the parking area. d. The maximum height for exterior hghtmg shall be thirty) feet The maximum height for exterior hghting within 100 feet of a tesidennal use or district shall be 20 feet. e. All non essential lighting will be required to be turned off after business hours leaving only the necessary lighting for site security, The islands or peninsulas shall be a minimum eight and one -half (8.5) feet wide and extend the length of the adjacent park rig stall (s). These dimensions may be altered to provide sufficient area for the proposed landscaping to mature. 2. To ensure this landscaping is properly dispersed, a minimum of one island peninsulas or the like shall be located within each 6,000 square feet of vehicular use area 3. A minimum of one tree shall be required for each 250 square feet or fraction thereof, of required landscape area Deciduous trees shall have a clear trunk of at least five (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 remaining area shall be landscaped with shrubs or ground cover (not to include rocks or gravel except as a mulch around shrubs and ground cover) not to exceed two (2) feet in height. 15 7. Landscaping All areas of land other than those occupied by Uuilding or hardcover shall be landscaped with a combmation 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 m addition to the minimum number of trees and foundation plantings required be Ordinance B. All landscaped areas shall be irrigated Poruons of the site may be exempt from these requirements with Planning Commission approval where future development or expansion is planned within a reasonable period of time These areas shall either be graded and seeded with prairie or maintained grass in accordance with the City of Rosemount Grading Req uirements or remain as undisturbed natural areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant material and will not produce soil erosion due to potential increases in storm water runoff. 8. Trash Handling: All trash recychng and related handling equipment shall be stored in a manner consistent with the standards outhned m Section 5 -1 -3 of the City Code. `t/ 9. Si na e: Onl wall and freestandm•' ound mo si• s shall be erirutted in the distnct m accordance with the City of Rosemount`s Sign Regulations and these additional standards as follows a. Fre standm Ground Monument Si s: A freestandm• ound monument si shall be designed with a base structure of the same extenor decorative matenals as the principal structure on the site; and that extends from the sign copy area fully to the ground, except for architectural rehef treatments. All freestanding ound monument si s if illuminated shall be on 'r indirect with the h• ht source fully diffused. These signs shall be appropriately landscaped and subject to the same re`.uirements for all landsca in on the .ro.er Wall Si i s: Wall si• s shall consist of .ermanent hi •h uah materials with finished edges. No wood signs shall be permitted. Where more than one (1) wall sign is requested per building frontage i e a mule- tenant center, a uniform sign cntena shall be prescribed by the building owner subject to review and oval b the Cite- Council. The sv criteria shall amon other rhi e of si to be allowed hmitations of .lacemen describe the umfortn on the budding, the method of fastening, and the procedure for tenant sign approval 10. Underground Electrical Set No budding or structure located m the district shall be served other than by underground electric, telephone and cable distribution facilities. Poles. wires or other above ground distnbunon facihnes may only be temporarily installed during site construction or repair of the underground sys No changes in the grade or contours of land above or adjacent to these facilities once Installed, shall be made without the approved written consent of the City En meer and the utility company providin such services Section 2. EFFECTIVE DATE. This Ordinance shall be m full force and effect from and after its passage and pubhcation according to law. 16 ENACTED AND ORDAINED into an Ordinance this day of 2006. ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT William H Droste, Mayor Published in the Rosemount „Town Pages thi's::t:. 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 Rosemount Zoning Ordinance B, Section 11 -4 -16 is hereby amended add the following: 3. Essential Services. 1 Barge Terminals. 2. Indoor Bulk Material Storage. City of Rosemount Ordinance No. B- 11- 4 -16 -2: HI, HEAVY INDUSTRIAL DISTRICT: A. Purpose and Intent: The purpose of the HI, eavy Industrial Distrct is to provide for the establishment of uses that refine and store combustible or explosive materials or blend, store, and distribute chemicals or fertilwer. 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 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. Associated Accessory, Conditional, or Interim uses are subject to the Site and Building standards of the GI District, except as noted below. B. P ermitted Use: The following are permitted uses in the HI Heavy Industrial District: 1. Adult uses as defined and regulated in section 11 -7 -5 of this title and Tide 2, Chapter &ofthis code.. 2`. Commercial Use Antennas and Towers, subject to the requirements of Section 11 -9- 6. 4. Heavy Manufacturing (including large structures or equipment which (1) refine or store combustible or explosive materials or (2) blend, store and distribute chemicals or fertilizer) 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 outlined in Section 11- 4- 16 -1.G of the General Industrial District, except as specifically exempted below. 3. Office Uses Accessory to a Permitted or Conditional Use. 4. Off -Street Parking or Loading for a Permitted, Conditional or Intenm Use 5. Outdoor Storage, subject to the following: a. Outdoor Storage uses are exempt from the Site and Building Standards outlined m Section 11- 4- 16 -1.G of the General Industrial District. b. The outdoor storage area shall be designed to limit its affects on adjacent properties and public right(s) -of -way. c. The storage area shall be covered with paving,xporous paving, gavel, vegetation, or a combination thereof If necessary, this coveting shall include addition matenals so as to comply with Section 11 -9 -1.0 (Residual Features: Dust, Dirt, Smoke, Odor, Gases). d. The storage area shall not take up, of interfere with access to, any required parking, loading, maneuvering or pedestrian area. e. The storage area shall be maintained in a neat and,orderly fashion. f. No public address system shall be aadible from a non commercial or non- industrial use or district. This, subsection: shall not be read to prohibit or proscribe safety alarms or sirens. g. The storage area shall be clearly identified on the 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 building setback. All outdoor storage areas shall be setback and screened as outlined below. In no case shall any outdoor storage area be located within seventy five (75) feet any public nght -of -way or property line. 1. If an outdoor storage area is located between seventy five (75) feet and three hundred (300) feet of a public nght -of -way, it shall be screened from eye level view from the public 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 accomplished by buildings, structures, landscaping and berming, natural topography, screening wall, or a combination thereof Any screening wall shall be made of a masonry matenal and shall not extend more than one hundred (100) feet without a change in 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) 2 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 berming, 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 3. If an outdoor storage area is located more than one thousand (1,000) feet from a public right -of -way, no screening shall be required. 6. Overnight Sleeping Facilitates for Security or Safety Personnel, subject to the Site and Building Standards of the GI District m Section 11- 4- 16 -1.G D. Conditional Uses. The following uses are conditional usesm 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 District, except as specifically exempted below. 1. Motor Freight Terminals 2. Warehousing, Wholesaling and Distribution of NoiikHeavy Manufacturing materials. 3. Other uses similar to those m this'distnct al determined. fly the Board of Appeals and Adjustments, subject issuance of a Conditional Use Permit E. Interim Uses:` The following uses are interim use in the HI Heavy Industrial District and are subject to the nterim use permit provisions outlined in Section 11 -10 -8 of Ordinance B. These uses are also subject to the Site and Building Standards outlined in Section 11- 4- 16 -1.G of the General Industrial District, except as specifically exempted below 1. Asphalt Plant, Cement and Concrete Production and Related Processing of Stockpile Materials, subject to the following: a. The asphalt,, cement, or concrete plant and all equipment and materials associated with it shall be located a minimum of 600 feet from any non Industrial District land, and 2,600 feet from any Residential or Public district. b. 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 m 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 nght -of -way or roadways. 3 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. 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 unli?e 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 required. 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 behmited to a height of fifty (50) feet. g. No smokeor.particulate matter shall be discharged 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. 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 pubhc health, safety, comfort or welfare; or, cause injury or damage to property or business. i. These uses shall operate m a way so as to prevent the emission of odorous matter of such quality as to be readily detectable beyond the lot hne of the site on which such use is located. j. These uses shall comply with the apphcable 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 4 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 building(s). b. Temporary buildings are subject to the Interim Use Permit standards, findings and conditions specified m Ordinance B 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 Buifding Type and Construction Sub C: 2. Section 11 -6 -1.L Off Street Parkmg 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 adjoining public right -of -way or visually screened from public right -of -way, public /msatutional or residential districts or uses, If the building is not appropriately screened, the City may require additional landscapmg or enhanced treatment of the temporary structure. e. Temporary buildings are subjectto Biding code permits and requirements. Temporary buildings are subject to Fire code permits and requirements. The site must accommodate adequate parking for the intended use. 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 alternative solutions are acceptable. 4. Other uses similar to those in this district as determined by the Board of Appeals and Adjustments, subject issuance of an Intenm Use Permit. g• F. Lot and Building Requirements• For the purpose of this section, principal use (including large structures or equipment which (1) refine or store combustible or explosive materials or (2) blend, store and distribute chemicals or fertilizer) shall comply with lot and building standards for principal structures. Similarly, accessory uses comply with the lot and building standards for accessory structures. 1. Minimum Lot Area. .25 acres Setback Standards for All Structures within the HI Heavy Industrial District Height of Structure Setback Standard Less Than or Equal to 35 Feet Or Any Structure that Contains a Non -Heavy Manufacturing Use and Meets the Site and Building Standards outlined in Section 11-4 16-1.G of the General Industrial District 75 Feet Structures Up To 50 Feet 150 Feet Structures Up To 250 Feet 300 Feet Structures Greater Than 250 Feet 'May be Allowed Through a Conditional Use Permit 2. Minimum Lot Width. N/A 3. Maximum Lot Coverage. 70% 4. Minimum District Size. 25 acres 5. Minimum Setback Standards for All Structures (Buildings or Equipment): c. Minimum Rear Yard Setback. 7. Building Size: 6. Parking Setback: a. Minimum Front Y Setback- 75 feet b. Minimum Side Yard Setback. 75 feet 75 feet a. Maximum Building Height (Principal or Accessory). 75 feet b. Maximum Structure Height 250 feet (The City Council May Allow Structures to Exceed this Height Through Issuance of a Conditional Use Permit.) G. Site and Building Standards. To prevent urban bhght 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 waive some or all of these standards for non exempt uses based their determination on the following: 6 1. The proposed building will be located in a remote location that does not abut a pubhc right -of -way or a non mdustnal use or district 2. The proposed building will be made of high quahty long Lasting material compatible with both adjacent properties and other buildings in the HI District 3. The provision of pedestrian faculties is unnecessary based on the use of the proposed building. 4. Parkmg, loading, and trash handling facihties are supphed by the surrounding site and do not abut a pubhc right -of -way or a non industrial use or district. 5. The applicant agrees to provide the required number_and species of landscaping along the perimeter of the site 6. The proposed building will not have separate ground or all Signage. Section 2. EFFECTIVE DATE. This Ordinance shall be is full force and effect from and after its passage and pubhcanon according to law. ENACTED AND ORDAINED intd an Ordinance this day of 2006. ATTEST: Amy Domeier, City Clerk ITY OF ROSEMOUNT f William H Droste, Mayor Published in the Rosemount Town Pages this day of 2006. 7 Section 1. follows: City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING SECTION 11 -1-4 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: Rosemount Zoning Ordinance B, Secdoi 11 -1 -4 is hereby amended as Heavy Manufacturing. The refinement and stiiage "of raw or unprocessed materials into a finished product which may be combustible or explosive as well as chemical or fertilizer blending, storage, and distnbution. Such uses may include large unscreened outdoor structures such as conveyor belt systems;' cooling 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 adjacent land uses and require a significant amount of on -site chemical storage. Outdoor Storage /Display: Exterior depositary, stockpiling, or safekeeping of all merchandise, materials,. supphes, 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 penmtted,use within the General Industrial District, (2) refine or store combustible or explosive materials or (3) blend, store and distribute chemicals or ferti Nor shall Outdoor 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, berming, landscaping or other 'screening matenal. 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 hmited 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 DATE. This Ordinance shall be in full force and effect from and after its passage and pubhcation according to law ENAC JED AND ORDAINED into an Ordinance this day of 2006. ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT William H Droste, Mayor Published in the Rosemount Town Pages this day of 2006. 4 ROSEMOUNT MINNESOTA "SW vat FILE Lsnap2 sharel /GIS /Cay/Maps/Departmental Maps /CommunityDevelopmen Industrial GI General Industrial al HI Heavy Industrial IP Industrial Park Other RR Rural Residential AG Agricultural AGP Agricultural Preserve la PI Public /Institutional MI WM Waste Management FP Flood Plain W Water July 2006 9/5/2006 AAA Auto JPG 9/8/2006 CF Industries2JPG Page 1 9/5/2006 CF Industnes1JPG 9/7/2006_� CF Industries3 JPG 9/8/2006 Continental Nitrogenl JPG 9/8/2006 Dixie Petro Chemicall JPG Page 2 9/8/2006 Continental Nitrogen2.JPG 9/8/2006 Dixie Petro Chemical2JPG 965/2006 Endres JPG 9/8/2006 Fleet2 JPG Page 3 9/8/2006 Fleetl JPG 9/7/2006 Fleet3.JPG 9/8/2096 Flint Hillsl JPG 9/5/2006 Metro Mosquito ControlJPG ,nr Page 4 9/8/2006 Flint Hills2 JPG 9/5/2006 Midwest Wall Systems JPG 9/5/2006 MN Precast Construction JPG 9/7/2006 Solberg AggregateJPG Page 5 9/5/2006 Pme Bend Land CompanyJPG 9/5/2006 Spectro Alloyst JPG 9/52006 Spectra Alloys2 JPG 9/7/2006 Walbonl JPG Page 6 9/5/2026 Vic Welding -Crane JPG 9/7/2006 Walbon2 JPG 9/S/2006 Waynel JPG Page 7 9/8/2006 Wayne2JPG