HomeMy WebLinkAbout9.a. Industrial Districts Zoning Text Amendment for the GI - General Industrial and HI- Heavy Industrial District, 06-33-TAAGENDA ITEM: Case 06 -33 -TA Industrial Districts Zoning
Text Amendment for the GI General
Industrial and HI Heavy Industrial
District
AGENDA SECTION:
New business
PREPARED BY: Jason Lindahl, A.I C P
Planner, Kim Lindquist, Community
Development Director
AGENDA NO.
ATTACHMENTS: Draft Resolution, Copies of the Amended
GI General Industrial Ordinance, the
New HI Heavy Industrial Ordinance,
Definition Changes Ordinance, Excerpt
Minutes from the 08 -09 -06 and 09 -13 -06
CC Work Sessions, Excerpt Minutes from
the 07 -25 -06 and 08 -22 -06 PC Meetings,
Comments from CF Industries, Flint Hills
Resources, and Endres Processing,
Memo from Attorney Mary Tietjen of
Kennedy Graven Regarding Adult
Uses
APPROVED BY:
RECOMMENDED ACTION: Staff recommends the following action.
1. Motion to approve the attached ordinances:
a Ordinance amending the General Industrial Zoning District,
b. Ordinance creating the Heavy Industrial Zoning District,
c Ordinance amending the definitions for Heavy Manufacturing, Outdoor
Storage /Display and Recycling Operation
2. Motion to adopt a Resolution authorizing publication of Ordinance No. B -174 amending
Ordinance B, the Zoning Ordinance related to GI General Industrial District, Ordinance
No. B -175 amending Ordinance B, the Zoning Ordinance creating a new HI Heavy
Industrial Zoning District, and Ordinance No B -176 amending Ordinance B, the Zoning
Ordinance creating new definitions for terms heavy manufacturing and outdoor
storage /display and amending the term recycling operation
4 ROSEMOUNT
City Council Meeting Date.
Packet page 124 of 207
CITY COUNCIL
October 17, 2006
EXECUTIVE SUMMARY
SUMMARY
This item was initiated by staff with the purpose of amending the General Industrial Distnct, creating a
new Heavy Industrial District, and amending the definitions for Heavy Manufacturing, Outdoor
Storage /Display and Recycling Operation. It was previously before the City Council dunng work sessions
on August 9, 2006 and September 13, 2006. During those meetings, staff and the Council reviewed the
proposed amendments, the timeline for Council action, and discussed how these changes could impact
existing businesses The Planning Commission held pubhc hearings on this item during then regular
meetings on July 25, 2006 and August 22, 2006 At the conclusion of the public hearing in August, the
Commission recommended adoption of the ordinances as provided in the attached.
Text Changes
The intent of the ordinance amendments Is to have more stringent performance standards in the industrial
zoning districts and upgrade new developments coming into the City as compared to some of the current
industrial businesses. 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 Industnal district
The revised GI District 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 the Heavy
Industrial district have the potential to generate noise, odor, vibration, illununation, 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
There has been a minor modification of the proposed General Industrial ordinance since the Council's last
review After meeting with representatives of Cenex Trucking, staff has added "Trucking Terminals" as a
permitted use in the General Industrial district Until our meeting with Cenex, staff had intended that the
Cenex site, as well as the other trucking businesses located in the General Industrial district would be
classified as Motor Freight Terminals However, after reviewing commonly held definitions for Motor
Freight Terminal it was discovered that these uses typically Include the on -site transfer of some type of
freight By comparison, many of the existing trucking businesses in the General Industrial district do not
transfer freight on -site but rather dispatch, repair, and store their trucks As a result, staff has added the
term "Trucking Terminal" to acknowledge this difference and more appropriately classify the existing
trucking businesses
Adult Use Analysis
After establishing draft ordinances and delineating draft zoning districts, staff worked with the City
Attorney to conduct an analysis of how these changes may Impact the allowable locations for adult uses
within the City (see attached memo from Attorney Mary Tietjen of Kennedy Graven) The law requires
the City provide a "reasonable opportunity area" for adult use establishments According to Ms Tietjen,
the City could allow adult uses in either both, or one, of these districts and still meet the legal standards of
providing a "reasonable opportunity area."
Currently, Adult Uses are a permitted use in the General Industrial district As part of these text changes
staff recommends rezoning a portion of the General Industrial district to Heavy Industrial. Accordingly,
staff considered linutmg Adult Use to either the General Industnal or Heavy Industrial districts. Ms
Tietjen advised that should the City choose to allow Adult Uses in either the General or Heavy Industrial
districts it may wish to exclude the areas owned by Flint Hills Resources and within the Mississippi Cntical
Area when determining the new opportunity area because issues of large land owners and sensinve
Packet page 125 of 207
2
environmental areas can arise in lawsuits involving adult uses While it is not necessary to exclude these
areas, it should be noted that an adult business owner could make this argument in a lawsuit Therefore, a
conservative approach would be to allow adult uses in both the General and Heavy Industrial districts As
a result, staff recommends maintaining the City's current standards for Adult Uses by designating them as
permitted use within the General and Heavy Industrial districts
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, staff believes none of the existing uses will become non-
conforming. Meaning that aspects (setbacks, screening, building materials and the hke) 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 criteria and would be
considered non conforming without the proposed changes Examples of existing non conformities
include sites that do not have a minimum 10% building coverage on the property or building that do not
meet the current exterior matenals standards.
Under Minnesota law, existing non conforming developments at the tune 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 unproved "as is However, any enlargements or expansions must meet
the new performance standards (setbacks, screening, building materials and the like). Should a non-
conforming structure be destroyed by fire or other peril, even by more than 50% of the market value, it
may be rebuilt in its current condition if a building permit is applied for within 180 days.
CONCLUSION
During the last five (plus) months, the Planning Commission and staff have worked extensively with the
interested business owners within the General Industrial district to create consensus on the attached
zoning ordinance amendments Overall, these zoning ordinance amendments focus on updating
architectural and outdoor storage standards as well as reallocatmg refusing and chemical processing uses to
the new HI Heavy Industrial district The Planning Commission reviewed these proposals and took
public comment dunng their regular meetings on July 25, 2006 and August 22, 2006 In addition, the City
Council discussed the potential unpacts of these changes during work session on August 9, 2006 and
September 13, 2006. While some sites may not comply with all of the new performance standards found
within the ordinances, staff believes that the attached amendments are the best balance of the Cities desire
to create higher standards for future development with the business community's need for flexibility
Most importantly, none of the existing uses will become non conforming as a result of these changes.
Meaning that while aspects (setbacks, screening, building materials and the like) of the site development
may become non- confornung, none of the existing business uses would become illegal under these
changes. As a result, staff recommends approval of the attached ordinances that revised the GI General
Industrial District, create a new HI Heavy Industrial District, and create new definitions for the terms
F Ieacy Manufacturing, Outdoor Storage /Display, and Recycling Operation.
Packet page 126 of 207
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2006-
A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -174
AMENDING ORDINANCE B, THE ZONING ORDINANCE RELATED TO GI
GENERAL INDUSTRIAL DISTRICT, ORDINANCE NO. B -175 AMENDING
ORDINANCE B, THE ZONING ORDINANCE CREATING A NEW HI HEAVY
INDUSTRIAL DISTRICT, AND ORDINANCE NO. B -176 AMENDING ORDINANCE B
CREATING NEW DEFINITIONS FOR THE TERMS OF HEAVY MANUFACTURING
AND OUTDOOR STORAGE /DISPLAY AND AMENDING THE TERM RECYCLING
OPERATION
WHEREAS, the Planning Commission of the City of Rosemount recommended City Council
approval of these amendments after reviewing them during work sessions on May 9, May 23 and
June 13, 2006, and holding public hearmgs on July 25 and August 22, 2006, and
WHEREAS, the City Council of the City of Rosemount adopted Ordinance No B -174, Ordinance
No 13-175, and Ordinance No B -176 on October 17, 2006, ordinances amending Ordinance 13, the
Zoning Ordinance relating to GI General Industrial District, creating a new HI Heavy Industrial
District, and creating new definitions for the terms of Heavy Manufacturing and Outdoor
Storage /Display and amending the term Recycling Operation; and
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary
in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public of
the intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the
City Clerk shall cause the following summary of Ordinance No B -174, Ordinance No.
B -175, and Ordinance 13-176 to be published in the official newspaper in lieu of the entire
ordinance-
During their October 17, 2006 meeting, the City Council of the City of Rosemount adopted
Ordinance No B -174. The ordinance amends Section 11- 4 -16 -1 of Ordinance 13, the Zonmg
Ordinance relating to regulanons pertaining to the GI General Industrial District.
During their October 17, 2006 meeting, the City Council of the City of Rosemount adopted
Ordinance No 13-175 The ordinance amends Section 11- 4 -16 -2 of Ordinance B, the Zoning
Ordinance creating a new HI Heavy Industrial District and regulations pertaining thereto.
During their October 17, 2006 meeting, the City Council of the City of Rosemount adopted
Ordinance No B -176. The ordinance amends Section 11 -1 -4 of Ordinance B, the Zoning
Ordinance creating new definitions for the terms Heavy Manufacturing and Outdoor
Storage /Display and amending the term Recycling Operauon
Packet page 127 of 207
Pubhc Notice
In summary, the new ordinances update the architectural and outdoor storage standards as well as
reallocate refining and chemical processing uses to the new I-II Heavy Industrial district.
The revised General Industrial District 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 In addition, the revised GI Distnct also contains new outdoor
storage, outdoor equipment, and site and building standards
The new Heavy Industrial District provides for the establishment of uses that refine and store
combustible or explosive materials or blend, store, and distribute chemicals or fertilizer. The new
HI Distnct 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 the Heavy Industrial district have the potential to generate noise, odor, vibration, illumination, or
parttculate 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.
Finally, the Definition section of the Zoning Ordinance will be amended creating new definitions
for the terms Heavy Manufacturing and Outdoor Storage /Display as well as amending the definition
for Recycling Operation.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B -174,
Ordinance No. B -173, and Ordinance B -176 shall be kept in the City Clerk's office at City Hall for
public inspection and a full copy of the ordinance be posted m the lobby of City Hall.
ADOPTED this 17 day of October, 2006 by the City Council of the City of Rosemount.
ATTEST:
Amy Domeier, City Clerk
Resolution 2006-
Packet page 128 of 207
William H Droste, Mayor
Motion by Second by:
Voted in favor:
Voted against:
Member absent:
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 Zomng Ordinance B, Section 11 -4 -16 is hereby stricken
and replaced as follows:
26 Pur sc And It tc..t Tl., gcheral i.,dust ia1 diatri, t i3 mt, i,dcd t be exclusively f,
hca, icr industries Much rcquu., large sttca and utd r st rage. (Ord B, 9-49- 1-989)
B: Uaca Pa..Jitted By Right.
City of Rosemount
Ordinance No. B-
atcd in sect 11 7 5 .,f this tit!„ and title 3, chapter
8 of this cc do
2. Asphalt, ce1, e .t and concr.,t, pr ducts n.
3. Aut b dy and major repair, i ,.v..dcd that any atd r st ra is c mpletcly
ocrcnsd.
4. C i,.u.cr..tal U3C a..t.,.n.a., ,n.1..,...mcrctal us., ai.tc..u.. t..w .5 pr vidcd, h
h..c that begins one half (1/2) mil, west fetich Valk, Boulevard.
5.
Packet page 129 of 207
a.,.,.,..Lly a.. k..g i d o, ccas
6. ■h....tal .;t acti h s..blect t. req, i,en.c..ta f sects.,.. 11 10 1 f this title.
7. Mot r frci tcrminaL
8 _R:_ _lien _p.t,.tn,.. suLlctt t tc9un...n.t,ts f s.,cti 11 10 Jr; f this title.
9. Rcfii., t and „t., ugc f crude oil, refined il alc h 1 and thcr kquida and L.c1.1.,
fertilizer st
10. Related and supp rt fficc and do1a1 uaca pr vidcd they arc 1 ated within the
11. Self service at fa„ ilit a Ll t t tl. f ll.,wi..g atai dard3.
ahty ahall be ..n.tnt..ly ,.t,..1.,,,.1 Ly a
b-
e
nntits, the dcc fame. fe1 ctn shall be included tr. then
budding ln,,n....tc. calc I t o n qutrcmcnt.
directly facc a public street r adj nll.l property
spacc, pl.,nttr.
An a..x,.,,,ry caretaker residence may he permtttc.1 .nth at.,.age facthty,
facility structure:,
e utd r st ra f ..qut and ...at,.rt,.L t....a Lc appr vcd f r the st rage
3
f r PUD requtrcme
Packet page 130 of 207
f tl.c st.,ragc facility L.uldi. -a d f cc l.i 1 4
that „f th,. 9..ljacent buildi.. and/ r fenced ..rca.
3 is adjacent t a fenced cncLaurc, the fence .11.11
consist f tF, s.,.n, nn.aL.t..1s .s th., e rmctpal at.ucture(s) n the sit, and shall
e.cl sure
cl..st, ra ..n1 L..t..u. shall, vhctc p sstbl L Lat s .c ll y
4. The ,.tdour atorag., s.,, shall t vet y Y .,t..„..t (20%) of tL, t.,tal
n..p.. at ..s L ndi.. ..n1 t c1 s...f..c., f... areas up n the
property .d. B, 9 19 19 9; .....d. td B G0, 5 7 1996, Ord. B 72, 11 5
1996; r1. B 71, 11 5 1996)
rd B, 9 19 1989)
U se.; Pe...tttcd By Ink-Am P,tmit:
1. Aophalt plants and related pr g f atc.t. ...atcnala subject t the f 11 wins.
Packet page 131 of 207
a The asphalt plant ai.d all equipment and l—a-trials ass ciatcd with it ahall be
�.....i.m..u.n of aix hundred fcct (600) fr m aay h t.g.hral industrial
district land, and two thousand a1. handfed fact (2,600) fr .a any residential
piab}iedtsefeF
e
..1...1..
of ,eV five fa.t (75) f..,t.. ahy pr., b u..da.y lt.ic and
La dacaping shall be rcgatr.d fro... sr and to the first thirty t ,..rccnt (30°, j
vcra&h ..Yla,rt a.roh .n d ham. c. 1 f ssn.,undtng t. of
wa r r ad.vays
s d u a,.lrct t1 1i9L f tl.t, .,..u,,...
t tx .al by the.lt a well as the c Lun la dcratth..l.t r d.. iNflhr.cs.,ta
departt..cnt f tra..sp rtanon as rcqutr.d.
ev Ttaffic g..h, rated by the asphalt plants hall cntcr ntc, 4ta.ta ..sistent with
city acct s afrd d ni ataadards. The w..cr f the asphalt plant shall be
a .,sihl. f r all costa associat.d with road ti-..prc vcm.nta .u, d t serve the
tninc.,, or twcltf p scent (30 °,a) platy as d..tcrinaied Ly the MTCA. Puttla.,
lr. The asphalt pla..t h 11 p.A.ate 3 a., t t dta..hat.. ..t thc 3 da f thc 1 t,
acr s the bound
or bey nd thc bou..da. y f tl.c Lt wh..c .,..L nut la to at d, t-„ic .,r .uoua
h.xhh, safety, c f tt “..IfatL, 1, auae injure r dama t., t ,1
bu;u.csa.
t..att,. of such quahty as t be readily dctcctaLlc L. o..d the lot lt..c of thc Sae On
which Such uac is located
3
2. C ..a.. ici l a..td r r, crcatt
3. Spat bau ut.. chap sal facihty as an acc..as.,, .rac ..ly.
4.
Packet page 132 of 207
Y TLm asphalt plant 3hall e mply with thc appli abl operatngspeetal
re.. .t; ai.d bonding fi r t..st.,tatt at...d,..1., L.cuactt.,a
a citicd i.. 3cctt a 11 10 1 of this utic.
IUP and rem cal f the temp rary building(s).
T...., buildings ..n. an14,ct to the interim use pit :;t..ndards, findings and
Tc1 r
Luildi.. ...uy1 r...
S..bsccti n 11 5 2A1 f tl.ia title.
2 Suba, cti i. 11 6 1L and sect 11 6 3 tk..a till„
....n.v.rfvai..a....., witl. thc f 11 wing
d: Temp ra bindings shall c ..f L... t all @n. b en cral mdustnal district
dta..d .da cift. d wnl.in this title, and Lc act Lack fi. Lun.dz,d feet (500) fr m
adj mite ,..Lhc t. .,f way ,r visually screene,' hot– 1...Ll c sight f way,
a
tr.. arm:z.t of tl.e temporary structure
T racy buildl.. arc suLj, ct t L..ildt..g de permits and rcq.uca..enta.
Tc p ray buildb. c a..Lject t fire c de permito and rcq,.ir —sta.
sit, ......,t i......,d„ t. d y u a r ...lu.. s f r th i.t ..d l k d
by thc pr petty v9n...
..uat c.,h. with cm rdina..ccs and ,..gi..ccri.
guideline° The city m..y, ut its diicr, uon ...lac 3 me f the requirem, ..ta if
1991, .d B 32, 9 21 1993, Ord B 111, 10 19 2004; .d B L;O, 1 28 2 05)
£T L„t Aid Buildm Requirements:
1. Mi..i.,.u.., l.,t vtca
2. '\Iinb..um lot width
Pic (5) acrea.
/a
4
3. iM ci...Li.. Lt c vciagc ..Fifty percent (504'
4. lali.m......s dt,trict 3i2C Ten (10) acres.
5. I'Ii..u....... frut,t yard setback:
e Principal st.ucture Se ienty five feet (75')
A..ecaa.,ry structar.. S.>-..t.ty five feet (75').
6. ivlit.imum side yard setbavlc:
Iimci atructurc fift f t (5
A.,ccas ry Juncture.... Fifty Let (50')
7. Nfini...t.....,.a yard setback:
P.inci scructurc rift f .t (50)
A.. C33 rf at u t i Fifty fcct (301.
S. Pa1ti,. s..tback
Nhnimu.., fr ..t ya.d .,ctL..ck•. F rty fcct (10')
err lYh..i...u... aide yaivi wetback. Twenty fly, fu (25).
e Mi iiinu... rear y r1 s tL k Fifty feet (50).
9. Btrilelieg-size
Maxi...,.... uildin hci t (pancipal r ..,..,.::gory)• .S.. 'a.ty five feet (75).
et: lvhi,u..ui.. Lutldin size.. T... (10 f Ll t l p. rt c....1,.1a,.g
teen..,, wetlands. rd. B 133, 8 7 1 003}
11- 4-16-1: GI GENERAL INDUSTRIAL DISTRICT:
A. Pu .ose and Intent: The .0 .ose of the GI General Industrial District is to .rovide
for the establishment of both It ht 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
industrial 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 hi her on -site o ulations sub e t to hi he erformance standards
Packet page 133 of 207
5
B. Permitted Uses:
1 Adult uses as defined and regulated in 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 hke.
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 Laboratory Uses.
10 Transit Stations /Park and Ride Facilities
11. Trucking Terminals.
12. Warehousing, Wholesaling and Distnbudon Uses.
C. Accesso r Uses The followin uses shall be .ermitted access° 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 Permitted, Conditional or Interim Use.
3. Outdoor Display /Storage or Sales, subject to the following,
Packet page 134 of 207
a. The outdoor display /storage or sales area shall be designed to limit its effects on
adjacent properties and public nght(s) -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 display /storage or sales area shall not take up or interfere with
access to, any regutred parking, loading, maneuvering or pedestrian area.
d. The outdoor display /storage or sales area shall be maintained in a neat and
orderly fashion.
4.
Packet page 135 of 207
e. No public address system shall be audible from a non commercial or non-
industrial use or district
g
f. The outdoor display /storage or sales area shall be clearly tdenttfied 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 setback.
Any outdoor display /storage or sales area shall be completely enclosed by
screening as follows
1 Awportion 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 pubhc right -of -way or non industrial use or district by a one
hundred .ercent (100 %1 o aci screen to a henht e.ual to the items bean
screened but not more than thirty five (35) feet Screening shall be
accomplished by buildings, landscaping and bernnng 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 m 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 district shall be required to be screened from eye -level view
from other industrial uses or districts by at least a fifty (50) percent opacity
screen to a het ht e. ual to the items bon screened but not more than thin
five (35) feet. Screening shall be accomplished by any of the items listed
Section 11- 4- 16 -1.0 3 g 1 or fencing
h. The outdoor dis.lav storage or sales ar-a is hrruted to an area e.ual t. thir C
percent of the gross area of the site
i. 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 re wed off street arkin for the use
The penmeter 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 Ag
Machinery Sales or Rental shall be subject to those standards idendfied elsewhere
in Ordinance B specific to such use
u
s
door Structures Functionin
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 follov,Ing:
structures such as conve or belt
st c
7
Packet page 138 of 207
a The applicant shall demonstrate that the outdoor structure or equipment cannot
be inte into a building design
b. The site and buildings) shall be designed to screen and hrmt the effects of the
outdoor st cture or e•ui.ment noise vibrations illumination •articulate or
the like) on adjacent properties and pubhc nght(s)s -of -way.
c. The outdoor structure or equipment shall be located on an approved surface in a
remote location that is not adjacent to any public right-of-way or non industrial
use or district
d. The aggregate area for outdoor structure or equipment shall be hmited to an area
e ual to fifteen 15 extent of the oss floor area of the .nnci.al buildin• and
to a height not to exceed seventy(/) 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
f. The City may exempt outdoor stru or equipment from the Site and Building
Performance Standards in Section 11- 4 -16 -1 G however all such structures or
equipment must be functional and shall be made of high qual y long lasting
matenal compatible with both adjacent properties 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 District and are subject to the conditional use ernut provisions outlined in
Ordinance B
1. Recycling Operations. Subject to the Requirements of Section 11 -10 -4
2. Self Se rvice Storage Fac hues. subject to the requ irements 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 exce.t that outdoor stora e for hcensed o erable rec cation vehicles shall
be permitted provided the amount is not more than ninety percent (90%) of the
area occupied by buildings
3. Trailer. Construcnon or Agricultural Machinery Sales or Rental. subject to the
requirements of the C -3 District in Section 11- 4- 13.D.6
4. Wholesale Landscape and Horticultural Services, subject to
Packet page 137 of 207
a. A principal structure must be built on the site
b. Landscape and FIorticultural 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 Bus nesses. subject to.
a. A pnncipal 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 in the GI General Industrial
District and arc subject to the interim use permit provisions outlined in Ordinance B.
1. Asphalt Plant, Cement and Concrete Production and Related Processmg of Stockpile
Matenals, 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 Residential or Public district.
b. The plant and all equipment and materials associated with it shall be setback a
minimum of 75 feet from anv .ro er bounda line 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
ound level to the first 30 ercent of the overall he ht and 50% o asuc to 50
percent of the overall height of the plant as viewed from eve level from
surrounding_rtght -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
1. Sus lementa Re•ulations Section 11 -5 -2 A Buildtn• T e 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.
5. Section 11- 4- 16- 1.F.b, Minimum Building_Size
9
Packet page 138 of 207
d. Traffic generated by these uses shall utihze 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
b the Ci as well as the Coun Hi• hwa De. artment or th- Minnesota
Department of Transportation as required.
g
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 limited to a height of fifty (50) feet.
No smoke or 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 °.0 opacity as determined by the MPCA. Further- emissions shall
conform to standards set by E P A and M P.0 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 safetv comfort or welfare• or cause in ury or dam n• e to .ro er o
business
i. These uses shall operate in a way so as to prevent the emission of odorous
matter of such .uah as to be readil detectable be -ond the lot line of the site on
which such use is located.
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
followin• standards of the zonin• ordinance at the discretion of the Ci Council-
Re.ulations Section 11-5-2 A Buildup T .e and Construction
1 Sus .lementa
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
f.
g.
Packet page 139 of 207
5 Section 11- 4- 16 -1.F b. Minimum Building Size.
3. S ent Bauxite Dis.osal Facilities as an Accesso Use onl Ordinance B -13 9-17
4 Tem.ora Buildin •s Accesso to an A roved Constr u Lion Pro ect Sub
a Ex- cution of n Interim Use Permit A• e -ment s.eci the ex.iration 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 in Secnon 11 -10 -7 of Ordinance B
c. Tem ora buildings ma- be exem.t from conformance with the following
standards of the zoning ordinance at the discretion of the City Council
1.
S
lementa
Re• lations Secti on 11 -5 -2A Buildin
Toe and Construction
Sub C
2. Secnon 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
5 Secnon 11- 4 -16 -1 F b Minimum Building Size.
d. Temporary buildings shall conform to all other General Industrial District
standards specified within Ordinance B and be setback a minimum of 500 feet
from adjoining pubhc right -of -v, ay or visually screened from pubhc right -of -way.
public /institutional or residential districts or uses If the building is not
as rooriatcly screened. the City m ay requ re additional landsea�mP or enhan
treatment of the temporary structure.
e. Temporary bui1dinis are subject to Building Code nermits and requirements.
Tem ora buildin• s are sub ect to Fire Code ermits and re
u irement
The site must accommodate ade•uate .arlun• for the intended use.
h. Site grading and drainage mu co mply wroth City ordinances and Engineerin
,Ss uidehnes- The City Council ma at it's scretion waive some of the
requirements if alternative solutions are acceptable
5. Other uses similar to those in 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- ..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• .50 feet
b. Accessory Structure- 50 feet
8. Parking Setback:
a. Minimum Front Yard Setback 40 feet
b. Minimum Side Yard Setback. 25 feet
c. Minimum Rear Yard Setback:. 50 feet
9. Building Size:
a. Maximum Building Height
b. Minimum Building Size:. 10% of Subject Property
excluding protective wetlands
10 Buffer Yard and Setback Increases: When a perm tied. accessory interim. or
conditional use abuts any of the items hsted in the table below, the apphcable setback
increases ,hall apply
Packet page 140 of 207
12
Item
Increased Minimum Setback
Parkin," 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
District
Packet page 141 of 207
*Residential Uses Districts. A .uffer and e.ual thi 30 feet or two (2) times
the height of the building, whichever is greater, shall be required along any side or
rear p opr per ,c line abutung any non commercial or non industrial use or district
This area shall contain landsca•in• and bermin• to rovide a nine 7 (90
lace screen to a he ht of at least six 6 feet and shall not contain an 7 structures
or stora e Should landsca.in• and bermin* be found
0
ercen
arku
off street loadin
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 nnci.al buildin and shall not extend more than thirt five 35 fee
without a change to architecture to reduce their mass and appearance.
G. Site and Buildin Standards. To revent urban bh'ht and ensure .uah lo n• lastin.
construction compatible with both adjacent properties and those throughout the dtstnct.
all sites and buildings shall comply_with the following standards, as well as applicable
sections of Ordinance B
.1•
Architectural A
earance• While variant)
pals an
that su
general theme may be allowed, non earth tone materials shall be limited to
architectural accents The color of the non -brick or stone portion of the building
shall match the predominant brick or stone color portion
on the
shall be accented
ht -of -w
•a.
a. En Features Buildin• entrances facia
ubhc
by visuall pleasing entry features This feature shall extend a mmmmum three
hundred (300) square feet around a single entrance Should the building have
more than one entrance facing a public right -of -way. this feature shall extend a
minimum one hundred and fifty (150) square feet around each individual
entrance
b. Corner architectural elements are encouraged to define the edges of a building
2. Building Massing. Facades facing a public nght -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 uninterrup
building walls or elevations are prohibited Any wall facing a public right -of -way or
residential uses or district more than one hundred 41001 feet in 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
Packet page 142 of 207
b. Arcades. entry features, window bays. or the like
c. Variations in roof lines or slope plane
d. Variation in building plane or setback
e. Equivalent techniques approved by the City.
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,ecialty intevral colored concrete block (including textured
burnished and rock faced block rile (mason ry. 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 forty (40) percent of these materials. The
remaimng sixty (60) percent of these exterior wall surface may be finished steel or
aluminum Unadorned materials are prohibited.
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 facade 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
ade shall se. ate internal sid walks from a loadim stackin and
maneuvering areas
c. Concrete sidewalks, five (5) feet in width. shall be provided along any collector
or arterial street
5. Li htin•: Li•htin• shall be consist -n chara to thr. •hour th- -.._e .ro e
site, in both design and bulb pe.
a. Any light fixture must be placed m such a manner that no light emitting surface
is visible from any residential area or public /private roadway walkway. trail or
other public way when viewed at round level.
b Light shall be directed toward the ground Externally lit signs display, building
nd aesthetic h•htin• must be lit from the to. and shine downward Li•htin•
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 any non residential property Line.
14
d. The maximum height for exterior lighnn 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 fighting will be required to be turned off after business hours
leaven onl- the necessary It hnn for site secun
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 including driveways and d� ve aisles) adjacent to a publtc right -of -way or
residential uses or districts shall be screened and landscaped. Trees, shrubs, flowers
and ground cover needed in these areas shall be in addition to the tmnimum number
of the same re aired b Ordinance B These screenin standards shall also a..1 to
Packet page 143 of 207
loading areas with the additional requirement that no loading area may face a public
neht of way or non industrial use or district
a. Screening Landscapin and berming shall be the primary source for screening
parking and loading areas Should landscaping and berrning be found ineffective
b the Ci the CI Council ma a. rove screen n• 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 sevent
feet without a change in architecture to reduce their mass and appearance
Parking area screening shall p rovid e a minimum fifty (30) percent opacity screen
to a height of at least four (1) feet Loading area screening shall provide a
minimum ninety (90) percent opacity screen to a height of at least eighteen (18)
feet
b. Landscaping- A minimum of five (5) percent of the parking area shall be
landscaped. This landscaping shall be Located on islands. peninsulas or the like
within the perimeter of the parking area
1. The islands or peninsulas shall be a minimum eight and one -half (8 5) feet
wide and extend the length of the adjacent parking 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 hke 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 building or hardcover
shall be landscaped with a combination of sod and plantings Rock or mulch may
only be used as an accent material around sod or plantings Trees, shrubs, flowers
and ground cover needed in these areas shall be in addition to the nummum number
of trees and foundation lantin re wired b Ordinance B All landsca. ed areas
th
all be irryeated Portions of the site
e exem t from these
s
m
e ulrements
Planning Commission approval where future development or expansion is planned
within a reasonable period of time These areas shall etcher be graded and seeded
with prairie or maintained grass in accordance with the City of Rosemount Grading
Requirements or remain as undisturbed natural areas containing existing viable
natural vegetation that can be maintained free of foreign and noxious plant material
and will not produce sod erosion due to potential increases in storm water runoff.
8. Trash Handling: All trash, recvchng and related handling equipment shall be
stored in a manner onsistent with the standards outhned in Section 5 -1 -3 of the City
Code•
9. Sipnage Only wall and freestanding a monument signs shall be permitted in
the district in accordance with the City of Rosemount s Sign Regulations and these
additional standards as follows:
Packet page 144 of 207
a. Freestanding Ground Monument Signs: A freestanding ground 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
ground monument signs if illuminated shall be only indirect with the light
source fully diffused These signs shall be appropriately landscaped and subject
to the same requirements for all landscaping on the property.
b Wall Si s Wall si s shall consist of .ermanent his •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 multi- tenant center) a uniform
sign criteria shall be prescribed by the building owner, subject to review and
a..roval b the Ci Council. The si• criteria shall amon other thin
descnbe the uniform type of sign to be allowed. hmitanons of placement on the
building, the method of fastening, and the procedure for tenant sign approval.
10 TJnderground Electrical Services: No budding or structure located in the district
shall be served other than b underground electric tele.hone and cable distribution
facilities Poles, wires or other above- ground distnbutron facilities may only be
temporarily installed during site construction or repair of the underground system.
No changes in the grade or contours of land above or adjacent to these facilities
once installed shall be made without the approved wrttten consent of the Ci
Engineer and the utility company providing such services
Section EFFECTIVE DAIS This Ordinance shall be in full force and
effect from and after its passage and pubhcation according to law.
16
ENAC 1 ED AND ORDAINED into an Ordinance this day of 2006
AI IEST
Amy Domeier, City Clerk
Packet page 145 of 207
CITY OF ROSEMOUNT
William H Droste, Mayor
Published in the Rosemount Town Pages this day of 2006.
17
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING SECTION 11 -4 -16 OF THE ROSEMOUNT CITY
CODE CREATING THE NEW HI HEAVY INDUSTRIAL DISTRICT
THE CI I Y 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:
11- 4 -16 -2: HI, HEAVY INDUSTRIAL DISTRICT:
A. 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 distribute chemicals or fertilizer. Such uses may include large
unscreened outdoor structures or equipment that cannot be integrated into the butldmg
design or large scale outdoor storage These uses typically generate noise, odor,
vibration, illutmnanon, 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
concentrauons 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. Permitted 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 tide and Tide 2, Chapter
8 of this code.
2. Commercial Use Antennas and Towers, subject to the requirements of Section 11 -9-
6
3. Essential Services
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.
1. Barge Terminals.
2. Indoor Bulk Material Storage.
Packet page 146 of 207
1
3 Office Uses Accessory to a Permitted or Conditional Use
4. Off -Street Parking or Loading for a Permitted, Conditional or Interim Use
5 Outdoor Storage, subject to the following.
Packet page 147 of 207
a Outdoor Storage uses are exempt from the Site and Building Standards outhned
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 pubhc 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 Secuon 11 -9 -1.0 (Residual Features. Dust, Dirt,
Smoke, Odor, Gases).
d. The storage area shall not take up, or interfere with access to, any required
parking, loading, maneuvering or pedestrian area.
e.
g.
The storage area shall be maintained in a neat and orderly fashion
f. No pubhc address system shall be audible from a non commercial or non-
industrial use or district. This subsection shall not be read to prohibit or
proscnbe safety alarms or sirens.
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 building setback
h. 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 right -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 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 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 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 pubhc right -of -way, it shall be screened
from the eye -level view from the public nght -of -way by a seventy -five (75)
2
Packet page 148 of 207
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
combinauon thereof Any screening wall shall be made of a masonry
material and shall not extend more than three hundred (300) feet without a
change in architecture to reduce its mass and appearance
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.
6. 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 outhned in 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 Industnal District, except as specifically exempted
below
1. Motor Freight Terminals
2. Warehousing, Wholesaling and Distribuuon of Non -Heavy Manufacturing materials.
3. Other uses similar to those in this district as detertruned by the Board of Appeals and
Adjustments, subject issuance of a Conditional Use Permit.
E. Interim Uses• The following uses are intenm use in the HI Heavy Industrial District
and are subject to the interim use permit provisions outlined in Secnon 11 -10 -8 of
Ordinance B. These uses are also subject to the Site and Budding Standards outhned in
Section 11- 4- 16 -1.G of the General Industnal District, except as specifically exempted
below
1. Asphalt Plant, Cement and Concrete Production and Related Processing of Stockpile
Matenals, 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 Industnal
District land, and 2,600 feet from any Residential or Public district
b. The plant and all equipment and matenals associated with it shall be setback a
minimum of 300 feet from any property boundary hne 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.
3
Packet page 149 of 207
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 utilize 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 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 Ringlemann Smoke Chart furnished by the 12 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 pubhc
health, safety, comfort or welfare; or, cause injury or damage to property or
business.
i. These uses shall operate in a way so as to prevent the emission of odorous
matter of such quahty as to be readily detectable beyond the lot Line of the site on
which such use is located.
1•
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:
Packet page 150 of 207
a. Execution of an Intenm 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 in 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 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 adjoining
public right -of -way or visually screened from public right -of -way,
public /institutional or residential dtstncts 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 permits and requirements.
f. Temporary buildings are subject to Fire code permits and requirements.
g. 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 Interim Use Permit.
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 matenals 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
5
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
Budding Standards outlined in Section 11 -4-
16-1 G of the General Industrial District
75 Feet
Structures Up To 50 Feet and Storage Tanks
up to 35'
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):
6. Parking Setback:
a. Minimum Front Yard Setback: 35 feet
b. Minimum Side Yard Setback:.. 75 feet
c. Minimum Rear Yard Setback:.... 75 feet
7. Building Size:
G. Site and Building Standards To prevent urban blight and ensure quality long lasting
construction compauble 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:
Packet page 151 of 207
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
6
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 properues and other buildings to the HI District
3. The provision of pedestrian faculties is unnecessary based on the use of the
proposed building
4. Parking, loading, and trash handling facilities are supplied by the surrounding site
and do not abut a public right -of -way or a non- mdustnal 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 wall signage.
Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect from and after its passage and publication according to law
ENAC VED AND ORDAINED into an Ordinance this day of 2006.
Al LEST.
Amy Domeier, City Clerk
Packet page 152 of 207
CITY OF ROSEMOUNT
William H Droste, Mayor
Published in the Rosemount Town Pages this day of 2006.
7
Section 1. Rosemount Zoning Ordinance B, Section 11 -1 -4 is hereby amended as
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
OUTDOORSTORAGEIDISPLAY 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.
Packet page 153 of 207
Heavy Manufacturing The refinement and storage of raw or unprocessed 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, 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, illutmnation, 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 depository, 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 permitted use within the General Industrial District, (2)
refine or store combustible or explosive materials or (3) blend, store and distribute chenucals
or fertilizer 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 material
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 Recychn•
O.eranon shall not include rusinesses that use re -cled materials to manufacture a finished
product.
Section 2 EFFECTIVE DA l E. This Ordinance shall be in full force and effect from
and after its passage and pubhcatton according to law
ENACTED AND ORDAINED into an Ordinance this day of 2006.
A 17 EST.
Amy Domeier, City Clerk
Packet page 154 of 207
CITY OF ROSEMOUNT
William H. Droste, Mayor
Published in the Rosemount Town Pages this day of 2006.
Packet page 155 of 207
EXCERPT FROM MINUTES
CITY COUNCIL WORK SESSION
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 permitted
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 district; setback standards; height standards; map changes; and definition of a
recycling operation. Ms Lindquist also explained the process in 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 cast 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 lunit 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 DeBettignies reviewed the standards asking for
dartficanon 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 exisung.
Ms. Lindquist stated the item is tentatively scheduled to go to the City Council on September
26th. 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 land 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 split in zoning districts on their
property feels growth may be hrnited
Packet page 156 of 207
EXCERPT FROM MINUTES
CITY COUNCIL WORK SESSION MEETING
SEPTEMBER 13, 2006
2.C. Industrial Districts Zoning Text Amendment for the GI General Industrial
and HI Heavy Industrial District.
Community Development Director Indquist addressed previous concerns related to the
potential impact of the changes on existing businesses She stated that due to the
amendments some sites may not comply with the new performance standards found within
the ordinance. However, staff behevcs none of the existing uses will become non-
conforming. Some of the existing businesses currently have aspects of their operation or
development which do not comply with existing ordinance criteria and would currently be
considered non- confornung even without the proposed ordinance changes.
Don Kern of Flint Hills Resources thanked staff for the open process and requested another
Comprehensive Plan Amendment to look at other properties for Flint Hills' long term plans.
Scott Doman of CF Industries, Inc. thanked staff for working closely with CF Industries and
added that while they have some of the same issues as Fhnt Hills they will continue to work
together with staff.
Ms. Lindquist stated the item along with the rezoning of properties from GI- General
th
Industrial to HI -Heavy Industnal are tentatively scheduled for the October 17 City Council
meeting
Packet page 157 of 207
EXCERPT FROM MINUTES
PLANNING COMMISSION REGULAR MEETING
JULY 25, 2006
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 in the GI General
Industrial district, staff imitated 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
meeting, the Commission found the draft ordinance prepared by staff to be ready for
distribution and review by the public As a result, the Comirussion directed staff to mail the
draft text to all property owners either zoned or guided GI General Industrial The only
property owners not noufied were those properties recently reguided to commercial from
industrial that have not had their properties rezoned The thought beuig 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 /County 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
For the Commission's review, Staff attached draft copies of the revised GI General
Industrial District, a new HI Heavy Industrial District, and a map illustrating how the
current GI District could be reallocated based on the uses and performance standards
outlined in these districts. These texts are the same documents reviewed by the Commission
at the June 27 meeting and approved for distributed to the 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
ewck... thi ugh.
Mr. Lindahl further reviewed the five main issues: inclusion of three major businesses in the
heavy industrial district; setback standards; height standards, map changes; and definition of
a recycling operation ivfr. Lindahl also reviewed an Industrial District Zoning Comp Plan
Companson
Chairperson Messner opened 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 boundanes, setbacks, height standards, outdoor storage and
inconsistent uses.
Chairperson Messner commented that the proposed changes may determine conforming
and non- confirnung issues and questioned if Flint Hills would conform with the current GI
zoning standards Mr. Kern responded that even minor modifications may result in a non-
conformance and they want to remain in conformance
Packet page 158 of 207
Chairperson Messner asked for clarification of the difference between accessory uses and
principal uses with respect to the heavy industrial setbacks Mr Lindahl responded that
principal uses are those hsted 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 permitted
use on the property; the possibility of creating non conforming uses with respect to height
requirements and screening, and the ability to remain flexible in current operations with
respect to use.
For clarification, Ms. Lindquist reported to the public that there has not been any changes to
the previous draft of the ordinances or the map
Daniel R. Tyson, Plaza VII, Suite 3300, 45 South Seventh Street, 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 mam
concern is that portions of their site may become non conforming 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 Pubhc Hearing to the next
Planning Commission meeting scheduled for August 22, 2006 Second by Schwartz.
Ayes: All. Nays: None. Monon approved.
Chairperson Messner asked if Commissioners had any questions.
Staff indicated they plan to provide a revised defmmon of heavy industrial and recycling.
The Commission continued to discuss the following main issues
1- Height limitation. 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 in setting the staggered setback.
Packet page 159 of 207
3- Outdoor storage. The Commission discussed the requirement of paved surfaces
with concrete or equivalent thereof to control dust. Mr Lindahl clanfied that the
existing standard contains open ended language which allows customizing for
particular apphcauons 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 I -Iills
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 Deinard, 150 South Fifth Street, Suite 2300, Mmneapohs,
MN 55402, representing CF Industries, Inc., again approached the Commission and further
stressed the corporation's barge area, similar to Flint 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
Packet page 160 of 207
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 pubhc hearing which began on July 25, 2006 regarding amending the General Industrial
District, creating a new Heavy Industrial Distnct, 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 pubhc, and directed staff to meet with individual property owners to aid in
addressing their concerns. The Commission also upheld staffs recommendations regarding the
following issues:
1. Include CF Industries, Continental Nitrogen, and Dixie Petro Chemical in 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 permit.
4. Defer rezoning of properties to the draft Heavy Industnal zoning boundary until completion
of the text amendment process. Rezonuigs will be initiated as implementation of the
Comprehensive Plan
5. Amend the definition of Recycling Operauon to exclude businesses that use recycled
materials to manufacture a finished 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 Industnes,
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 in the ordinances would affect them Mr. Lindahl
also reviewed the City Council discussion dunng a work session on August 9, 2006.
Mr. Lmdahl provided to the Commission draft copies of the revised GI General Industrial
District, a new HI Heavy Industnal 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 Planning 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 minimum setbacks and maximum height standards remain unsettled.
Both CF Industries and Fhnt 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 maintaining the 300 foot setback and 200 height standards. Staff
requests direcuon 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 Planning Commission
consideration
Packet page 161 of 201
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 hearing
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 locanon of future
tanks on the site.
Mr Walter Rockenstein, Faegre Benson, 2200 Wells Fargo Center, Minneapolis, Minnesota,
representing Flint 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 ume Since this is not the case, this causes great concern for Flint
Hills If the zoning text changes, they are now defined m a different zone but are not actually
zoned in that district Expansion would be impossible They would like the Planning
Comnussion's recommendation to the City Council to include rezoning
Ms. Lindquist confirmed to the Commssion that the City Council has the ability to address Mr.
Rockenstein'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 Demard, 150
South Fifth Street, Suite 2300, Minneapolis, NN 55402, representing CF Industries. Mr. Keane
stressed the history of CF Industries and the importance of the business in the community 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 in the letter
submitted to the Commission by Leonard, Street Demard
Tim Erkkila, Westwood Professional, 7599 Anagram Dnve, Eden Prairie, Minnesota 55344,
approached the Commission. Mr. Erklula 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 Their second issue was the proposed setback language
would create a 300 foot setback within their 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.
Erkkila presented one for viewing Chairperson Messner questioned which bulk materials 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 in 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.
Packet page 182 of 207
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 definition 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 Flint Hills and other businesses, the structural height limitation 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
Fhnt I ils 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
Packet page 183 of 207
Setback Standard
75 feet
75 feet
150 feet
300 feet
Anything over 200 would require a CUP.
Chairperson Messner stated bulk matenals are to be mcluded 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 written.
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 elitmnate 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.
Comiissioner 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 Distnct), Section 11- 4 -16 -2 (Heavy
Industrial District), and Section 11 -1 -1 (Definitions for Heavy Manufacturing, Outdoor
Storage /Display, and Recycling Operation)
Second by Schwartz.
Ayes All Nays None Monon approved
Packet page 184 of 207
LEONARD
STREET
AND
DEINARD
September 6, 2006
SEP 7 2006
Charles L. LeFevere, Esq.
Kennedy Graven, Chartered
470 U.S. Bank Plaza
200 South 6th Street
Minneapolis, MN 55402 -1458
RE: CF Industries City of Rosemount Zoning Issues
Our File No. 52478.00024
Dear Charlie:
LAW OFFICES IN MINNEAPOLIS MANEATO 5T. CLOUD WASHINGTON, D.C.
35234471
Packet page 165 of 207
150 SOUTH FIFTH STREET SUITE 2300
MINNEAPOLIS, MINNESOTA 55402
612- 335-1500 MAIN
612-335-1557 FAX
TIMOTHY 7. KEANE
612- 335 -7192 DIRECT
TIM.KEANE@LEONARD. COM
Thank you for taking the time to speak with me last week regarding the proposed text
amendments to the Rosemount zoning ordinance that were recommended by the Rosemount
Planning Commission on August 22, 2006. As I mentioned, we represent CF Industries, Inc.
"CFI and we are concemed that these amendments will have a profound negative affect on
CFI's current operations and its ability to operate its present operations and expand in the future.
I am wnting to ask for an in- person meeting with you and the City Administrator to discuss
CFI's concerns.
By way of background, CFI owns approximately 382 acres between Pine Bend Trail and the
Mississippi River (the "Pine Bend Terminal" or "Terminal Attached is a map prepared by our
planner, Tim Erkilla, with Westwood Professional Services, which depicts the vanous parcels
that comprise the Pine Bend Terminal. The Pine Bend Terminal has operated since 1965 and has
been operated by CFI since 1972.
The Pine Bend Terminal is a unique, intemiodal bulk commodity transport and warehouse
resource benefiting the greater agricultural community. The Pine Bend Terminal transports bulk
commodities, pnmarily crop nutrients, from river -bound barges to surface -bound transport by
truck or rail. The CFI Terminal transfers hundreds of thousands of tons of product from nver to
surface transportation annually The Terminal includes several miles of conveyor belt systems
and rail yards. The crop nutrients transported through this facility are essential to the agricultural
industry of the Upper Midwest.
We have been working with the Rosemount Planning Department since April 2006, and
unfortunately, we still have many unresolved concerns regarding the process and the substance
of the proposed text amendments.
A Professional Association
W W W LEONARD COM
Charles L. LeFevere, Esq.
September 6, 2006
Page 2
1. Process Issues. We understand Rosemount is undertaking a review of its Comprehensive
Plan. Notwithstanding the Plan update, the City appears intent on adopting these
industrial text amendments before completing its review and potential revision of the
Comprehensive Plan As you know, the Comprehensive Plan is the guide to the zoning
code —not the other way around. It seems logical that procedurally, the City would first
review its Comprehensive Plan and then amend its zoning code so that the code is
consistent with the plan. Here, the City is reversing this customary process
2. Map Amendment Timing. The text amendments are proceeding without processing
amendments to the zoning map We have been told the City will revise the zoning map
after it adopts the text amendments. This creates a couple of critical issues: First, CFI
will not know what zoning classification its property will (if ever) be rezoned to. It
seems logical that the text amendments and the revised zoning map should be processed
concurrently so that the property owners have a better understanding of how the text
amendments will affect their property. Moreover, both the text amendments and the
revised zoning map should be driven by the revised Comprehensive Plan—not vice versa.
Second, CFI's present use is permitted in the new "Heavy Industrial" zoning
classification but not in the "General Industrial" classification. If the text amendments
are adopted by the City Council without simultaneously adopting a revised zoning map
(showing the Pine Bend Terminal as "Heavy Industrial CFI will be legally
nonconforming in its use unless and until the zoning map is revised. It is illogical and
contrary to statutory planning requirements to create this artificial nonconformity and
uncertainty for CFI and Rosemount's other industrial businesses.
3. Potential District Conflicts. Although not technically a part of the text amendment
process, a map has been circulated by planning staff showing part of the Pine Bend
Terminal as "Heavy Industrial" and part as "General Industrial Attached is a copy of
this map. This maps concerns CFI for several reasons: First, CFI acquired and improved
the Pine Bend Terminal with the intent that it could expand its business on its own
property. As currently drafted by planning staff, CFI would not be able to expand its
business without having to rezone its own property Second, if the Pine Bend Terminal
falls within multiple zoning classifications, it will create unreasonably large setbacks
between zoning classifications. As currently drafted, the setbacks are 300 in the Heavy
Industrial district and 75 feet in the General Industrial. Consequently, this would create
large artificial 375 foot setbacks in the middle of the Pine Bend Terminal between parcels
owned by CFI.
4. Setback Issues. Likewise, there is no exception in the text amendments for setbacks
between adjacent parcels owned by a single landowner. Again, this would create large
internal setback areas between multiple adjacent parcels owned by CFI. In order to
expand across its own parcels, CFI would need to seek setback variances from the City.
This is an unnecessary, expensive, time- consuming and overly burdensome process
3523447 1
Packet page 166 of 207
Charles L. LeFevere, Esq.
September 6, 2006
Page 3
5. Setback Nonconfonnities. The text amendments (and the proposed zoning map) do not
take into account CFI's operations with respect to the Mississippi River. Again, the
setbacks in the text amendments (and as show on the maps), would create legal
nonconforming uses with respect to CFI's river -front barge terminals. These terminals
are an integral part of CFI s operations.
6. Use Conformity Issues. Finally, assuming that Pine Bend Terminal is ultimately rezoned
Heavy Industrial, the permitted uses in the Heavy Industrial are defined too narrowly.
They will create legal a legal nonconforming use with respect to part of CFI's current
operations and prohibit CFI's planned future expansion. Under The current definition,
CFI may only "...blend, store and distnbute chemicals or fertilizer." There are
significant problems with this narrow limitation First, many of CFI's products do not
require "blending" Consequently, the text needs to be written in the disjunctive —not
conjunctive —by using the word "or" rather than "and Second, CFI handles bulk
materials in addition to chemicals and fertilizers. CFI stores and distributes a number of
substances that would better be classified as "bulk materials" such as aggregates. We
again request the storage and distribution of "bulk materials" should be added as a
permitted use.
The text amendments and the proposed zoning map pose great concems to CFI. We believe as
currently presented, the text amendments and proposed zoning map will profoundly and
adversely affect CFI's ability to operate and expand its facilities to meet the needs of the
marketplace. CFI has carefully and responsibly operated an important, bulk, intermodal transfer
facility in Rosemount for over 40 years. We respectfully and sincerely request a meeting to
discuss these concerns. Please contact me at (612) 335 -7192 to let me know your availability.
3523447.1
Packet page 167 of 207
Sincerely,
LEONARD, STREET AND DEINARD
Professional Association
TJK:
Encl.
cc: Scott Dohmen (via email), CFI
Tom Mollet (via email), CFI
Bill Droste, (via email), CFI
Todd M. Phelps, (via email) Leonard, Street and Deinard
Tim Erkkila (via email), Westwood Professional Services
Paul Cassidy (via email), Leonard, Street and Deinard
FLINT HILLS
i 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:
Packet page 168 of 207
Re: Rosemount Industrial Districts Zoning Process
HAND DELIVERED
DIANE S. KOEBELE
otRECFOR
NORTHERN TIER PUBLIC AFFAIRS
P.O. Box 64596
Saint Paul, MN 55164 -0596
651.437.0560
Fax 651.437 OB68
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 industrial users. As we proceed to City Council consideration of these
oidinance 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 HI District 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 industries 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 thai the City rezone property owned by Flint Hills just north of
140th Street and west of Blaine Avenue (South Parcels) to the HI Distnct. 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 distnbuted at Planning Commission meetings.)
Flint Hills makes this iequest now because rezoning these Parcels necessitates notice of a
minor Comprehensive Plan change for South Paicels at the same time the City notices the
HI rezoning ordinance to avoid delays in the rezoning process. The South Parcels are
currently guided AG- Agriculture and in one case GI- General Industrial as also shown on
Jason Lmdahl, 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
Industnal Districts (Draft) shows the rezoning requested by Flint Hills. The current
zoning, the zoning requested by Flint Hills, and the preliminary 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 in this industrial 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
industrial district 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 Blaine 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,
5 lc- :4--e44 2
Diane S. Koebele
Director, Northern Tier Public Affairs
DSIUnn
cc: Kim Lindquist
Jamie Verbrugge
Packet page 169 of 207
Packet page 170 of 207
a
V
r4
W
Packet page 171 of 207
Packet page 172 of 207
U
s
W
ENDRES
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
13420 Courthouse Boulevard
Rosemount, Minnesota 55068 -2055
Phone. (651)438 -3113
Fax: (651) 4383011
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:
On July 13, 2006 we met with Eric Zweber and Jason Lindahl 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 OPER4T7ON.: an area where used, waste, discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, inchldrng,
but not limited to, scrap iron, and other metals, paper, rags, bottles and lumber.
We would like the definition to be amended to read as follows:
Packet page 173 of 207
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 definition. 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 thiee 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 interestmg to us to have our plat approval process os
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 fiiture 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 defined General Industrial "GI District,
and more specifically, if our operations were more aligned with the definition of heavy manufacturing
rather than medium manufacturing (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 Planning
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 definition of Heavy Manufacturing, we are
willing to proceed in the General Industrial classification based upon the following understandings
with the City.
1. Currently, Endres Piocessing manufactures organic product which is used for poultry acid 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 aslcing 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.
Packet page 174 of 207
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
',laical and necessary conditions in our industry. We have discussed this concern with
lM 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 District.
We would like the City to address m 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 in the restriction of the ability of our business and the businesses of our industrial
neighbors to operate m 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 Sturm
Packet page 175 of 207
raver
CHARTERED
TO: Jason Lindahl, Planner
City of Rosemount
FROM: Mary D. Tietjen
DATE: October 11, 2006
RE: Rosemount Adult Uses /Zoning Issues
Introduction
Under section 11 16 (B) of the City's zoning code, adult uses are permitted uses in the General
Industrial District in the City. The General Industrial District allows "heavy industrial" uses, such
as refinery uses. The City is in the process of a zoning change that would split off the refinery uses
and create two separate zoning districts: a General Industrial and a Heavy Industrial District. You
have asked for an opinion as to how this zoning change may impact the allowable locations for
adult uses.
As you know, the law requires that a city provide a "reasonable opportunity area" for adult
establishments. A brief overview of the legal standard will be helpful to understanding this issue.
Legal Standard
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
(612) 337-9310 fax
http. /www kennedy- graven.eom
MEMORANDUM
The key court decision that ruled on the issue of how much land a city needs to provide for adult
uses is City of Renton v. Playtime Theatres Inc 475 U.S. 41, 106 S. Ct. 925 (1986). In that case,
the United States Supreme Court set forth the legal standard that cities must follow when adopting
adult use regulations. The Court adopted a three -part test that an Ordinance must meet in order to
be constitutional. The ordinance must: I) be content neutral; 2) serve a substantial governmental
interest; and 3) allow a "reasonable opportunity" in the city for an adult business to locate.
298107v3 MDT R8220 -55 1
Packet page 176 of 207
The third factor in the Renton test deals with how much land within a city must be provided for
adult businesses. This factor is somewhat difficult to analyze because the courts have not provided
a bright -line test for what amount of land constitutes a "reasonable opportunity."
In the Renton case, the city's ordinance left approximately 520 acres, which constituted
approximately five percent of the entire land area in the city, open for adult establishments. The
property owner argued that even though there were 520 acres left open by the ordinance, practically
none of the undeveloped land was currently for sale or lease and that there were no "commercially
viable" adult theater sites within the 520 acres. The court rejected that argument, stating that
property owners "must fend for themselves in the real estate market on an equal footing with other
prospective purchasers and lessees." The Court emphasized that the inquiry for First Amendment
purposes is not concerned with economic impact.
The courts will consider "reasonableness" in the context of the characteristics of the city in question
and they will not necessarily analyze it hi terms of the percentage of total land area. Since the
Renton case, several courts have analyzed the issue using a variety of factors including: percentage
of total land available, potential number of sites, and percentage of commercial land available for
adult businesses compared to the total amount of commercial land area in the city.
For example, the U.S. Eighth Circuit Court (which includes Minnesota) has upheld ordinances in
several cases in which it analyzed the "opportunity area" in terms of the available commercial land.
The percentage of commercial land available for adult uses in those cases ranged from 6.6% to 35%
of the total commercial area. In one Minnesota case, the city's ordinance left only .9 percent of the
land in the city available for adult uses. In that case, only approximately 6% of the city was zoned
for commercial or industrial and, of that amount, 15% (approximately 34 acres) was available for
adult businesses to locate. The court concluded that because of the city's overwhelmingly
residential character, the amount of land that had been set aside for adult businesses to locate was
reasonable.
Some courts may find that land is not legally "available" if: 1) it has physical characteristics which
render it unavailable for any kind of development; or 2) the city owns the property within the
opportunity area. Factors that may also affect the legal "availability" of land are: will the sites ever
be available for commercial development (ie, large landowners or long -term leases); are the sites
reasonably accessible to the public; does the land have a proper infrastructure such as road, utilities,
etc.? However, courts have consistently said that the fact that some development is required before
a site can accommodate an adult business does not mean that the land is, per se, unavailable for First
Amendment purposes.
Reasonable Opportunity Area in Rosemount
298107v3 MDT 25220 -55 2
Packet page 177 of 207
You have provided the following information regarding the City's land area. The total land area,
excluding ROW and water, is 19,870 acres. The total land in the commercial and industrial districts
is approximately 3,460 acres, which equals 17.42% of the City. Based on these calculations and
applying the location requirements in the City's zoning ordinance, you reached the following
conclusions with respect to available areas for adult uses:
1. If adult uses are permitted in both the General Industrial and the Heavy Industrial districts:
a) 9.33% of the total land area in the City would be available to adult uses; and b) adult uses
would be allowed in 53.55% of the total commercial /industrial area;
2. If adult uses are permitted in only the General Industrial District: a) 4.59% of the total land
area in the City would be available to adult uses; and, b) adult uses world be allowed in
26.37% of the total commercial/industrial area; and
3. If adult uses are permitted in only the Heavy Industrial District: a) 4.73% of the total land
area in the City would be available to adult uses; and, b) adult uses would be allowed in
27.18% of the total commercial/industrial area.
You also reviewed the allowable area for adult uses by excluding the Koch Properties, and the land
within the Mississippi River Critical Area. The law pertaining to adult uses does not necessarily
make these areas "unavailable." However, because the issues of large landowners and sensitive
environmental areas can arise in lawsuits involving adult business owners, it is worthwhile to
review the "opportunity area" when these properties are excluded. In doing so, you concluded:
1. If adult uses are permitted in both the General Industrial and the Heavy Industrial districts:
a) 1.05% of the total land area in the City would be available to adult uses; and b) adult uses
would be allowed in 6.04% of the total commercial/industrial area;
2. If adult uses are permitted in only the General Industrial District: a) .64% of the total land
area in the City would be available to adult uses; and, b) adult uses would be allowed in
3.68% of the total commercial/industrial area; and
3. If Adult uses are permitted in only the Heavy Industrial District: a) .41% of the total land
area in the City would be available to adult uses; and, b) adult uses would be allowed in
2.36% of the total commercial /industrial area.
Con clusions /Recommendations
1. The percentage of total land available in the City (9.33 as well as the percentage of land
available in the combined conmierctallindustrial districts (53.55 provides a "reasonable
opportunity" for adult businesses to locate. Also, the amount of land available in each Industrial
298107v3 MDT RS220 -55 3
Packet page 178 of 207
district (General and Heavy), separately, also meets the legal standard. Thus, the City may allow
adult uses in either both, or one, of these districts and still meet the legal standard.
2. The City need not necessarily exclude the Koch and Mississippi River properties for
purposes of analyzing the "opportunity area." Most courts have concluded that some impediments
to development do not make the land legally "unavailable." However, it should be kept in mind
that an adult business owner could make this argument in a lawsuit. To anticipate that, a
conservative approach would be to allow adult uses m both the General and Heavy Industrial
Districts. In doing so, the percentages are still within the range that courts have held are legally
acceptable. This approach also avoids an argument by an adult business owner that the City is
improperly relegating adult uses strictly to the Heavy Industrial Area.
cc: Charlie LeFevere, City Attorney
298107v3 MDT 83220 -55 4
Packet page 179 of 207