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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