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HomeMy WebLinkAbout9.a. Text Amendment DT: Downtown Zoning District, Case 09-32-TAAGENDA ITEM: Case 09 -32 -TA Text Amendment DT: Downtown Zoning District AGENDA SECTION: New Business PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. I.G. ATTACHMENTS: DT: Downtown District Zoning Ordinance; Summary Publication Resolution; Excerpt from the October 26 Planning Commission Minutes; Excerpt from the draft November 23 Planning Commission Minutes. APPROVED BY: poi RECOMMENDED ACTION: 1) Motion to approve the attached Ordinance revising the City Code relating to the DT: Downtown District. 2) Motion to adopt a Resolution authorizing publication of Ordinance No. 8-211 amending Ordinance B, the Zoning Ordinance, relating to the DT: Downtown District. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: January 4, 2011 EXECUTIVE SUMMARY SUMMARY Following the adoption of the 2030 Comprehensive (Comp) Plan, the City must review its Ordinances and update them as needed to implement the goals and polices of the Plan. Currently, Downtown is predominately zoned C -2 Downtown Commercial to address the commercial uses, PI Public and Institutional to address the civic uses, and includes the Traditional Downtown Overlay District which allows for some mixed use /multi- family residential buildings. The goal of the new zoning district is to create one zoning district that would replace the C -2 Downtown Commercial and Downtown overlay districts while allowing for commercial, multi residential, and civic uses. The City will still maintain the Development Plan for Downtown Rosemount to show the mix of land uses expected in Downtown and the Downtown Design Guideline to more fully explain the design elements expected when developing a building for Downtown. DISCUSSION Over the past year, the Planning Commission and staff have been working on a Downtown zoning district that would combine the C -2 Downtown Commercial and the Traditional Downtown Overlay districts as well as add civic and multiple family housing opportunities to the Downtown district. The Zoning Ordinance which reflects the combination of previous zoning districts with additions is attached to this executive summary and is in a redlined format that illustrates proposed modifications. The new DT: Downtown zoning district has a number of changes from the existing C -2 Downtown Commercial zoning district including making the district simpler, less restrictive, and allowing landlords more flexibility for potential tenants. The existing multiple zoning districts used in Downtown have different standards that create inconsistencies. The new Downtown district will provide unified zoning standards for all uses and buildings identified in the Development Framework for Downtown Rosemount. The DT: Downtown zoning district changes include making some uses permitted that used to be conditional uses; reducing the amount of brick needed on the exterior of the building; clarifying setback, lot dimensions, lot coverage and building heights; and limiting outdoor sales and display to an area equal to 40% of building size. Outdoor sales and display can be increased for a limited amount of time with an administrative permit. Additions to the zoning district include requiring building accents and detail; focusing on the building appearance toward the public street; performance standards for parking lots, pedestrian access, landscaping; and eliminating or reducing auto orientated uses. These changes and additions are shown in more detail within the attached zoning ordinance. DOWNTOWN BUSINESS COUNCIL On August 11, staff presented the draft Ordinance to the Downtown Business Council. Commissioner Irving attend the meeting as well. The Ordinance was generally well received. Questions from the Downtown Business Council related to drive thrus, outdoor sales, auto orientated sales, and utilities. OPEN HOUSE On October 14, staff conducted an open house on the DT: Downtown zoning district in which all business and property owners Downtown were invited. Nine business and property owners attended the open house. Three of the attendees were from Ace Hardware, two were from the mall, one from the award business, one from Rosemount Floral, one from the drape and window covering business, and one from the State Farm Insurance Agency. Requests to allow auto oriented uses in the Downtown district was the only text amendment related comment received, but additional requests were made for helping Downtown businesses by limiting the amount of residential Downtown, providing more public parking, and financial incentives for helping property owners invest in their properties. No formal written comments were received, but the owners were encouraged to either provide written comments or attend the Public Hearing to provide comment for the record. PLANNING COMMISSION PUBLIC HEARINGS On October 26, the Planning Commission conducted a public hearing regarding the Downtown zoning district. At the public hearing, one business owner, Don Sinnwell, spoke at the public hearing presenting sixteen comments that he and Chuck Terry from Ace Hardware had prepared. The Planning Commission continued the public hearing until the November 23 meeting to allow staff to research and respond to the comments The responses were provided and discussed at the December 15 City Council work session. At their November 23 meeting, the Planning Commission reviewed these responses and continued the public hearing. No one spoke at the continued public hearing. After the public hearing was closed, Commissioner Powell stated that the Planning Commission had been reviewing the district standards for about a year and that there must be a minimum level of expectation and requirements for the business owners. Commissioner Powell felt that the proposed Ordinance provides that 2 balance between minimum expectations and the flexibility to encourage businesses to invest in their property. The Planning Commission recommended the approval of the DT: Downtown zoning district as staff had proposed. The Ordinance adopting the DT: Downtown zoning district is attached to this executive summary. CITY COUNCIL WORKSESSION On December 15, the City Council reviewed the DT: Downtown zoning district during their work session. Discussions revolved around auto parts sales and the comments that Mr. Sinnwell provided on October 26. No direction was given to revise the Ordinance from the Planning Commission recommendation. The Ordinance provided as an attachment and requested to be adopted is identical to the Ordinance that was recommended for approval by the Planning Commission during their November 23 meeting. RECOMMENDATION Approve the Ordinance amendment consistent with the Planning Commission and staff recommendations and adopt the resolution authorizing publication of the ordinance amendment. 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2011 A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -211 AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO THE DT: DOWNTOWN DISTRICT WHEREAS, the Planning Commission of the City of Rosemount recommended City Council approval of this amendment after holding public hearings on October 26 and November 23, 2010; and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -211 amending the City of Rosemount Zoning Ordinance B relating to the DT: Downtown District; 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 Ordinance. 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 -211 to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their January 4, 2010 meeting, the City Council of the City of Rosemount adopted Ordinance No. B -211. The ordinance amends Section 11 -4 -11 of Ordinance B, the Zoning Ordinance relating the DT: Downtown District, eliminates Section 11 -4-12 Traditional Downtown Overlay District, and updates references to the DT: Downtown District throughout the Zoning Ordinance. In summary, the new ordinance makes the following twelve (12) changes: 1. Changes the C -2: Downtown Commercial District to the DT: Downtown District. 2. Adds multiple family housing. 3. Moves several uses from conditional uses to permitted uses. 4. Updates financial institution uses. 5. Modifies outdoor sales standards. 6. Clarifies lot standards. 7. Updates architectural and lighting standards. 8. Adds pedestrian circulation, parking lot, and landscaping standards. 9. Eliminates the Traditional Downtown Overlay District. 10. Updates the dimensional standards table. 11. Updates the supplementary regulations and table. 12. Corrects references in the off street parking and signs sections of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B -211 shall be kept in the City Clerk's office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30 days after adoption. ADOPTED this 4 day of January, 2011, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor City of Rosemount Ordinance No. B- 211 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO THE DT: DOWNTOWN DISTRICT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11 -4 -11 is amended as follows: 11 -4 -11: DT GA DOWNTOWN COMMERCIAL DISTRICT: A. Purpose And Intent: The purpose of this district is to encourage a viable downtown area. Rosemount's downtown is intended to serve the entire city and be a diversified commercial, civic. and lifestyle center that offers the full range of comparison goods, sales and services, cultural, civic, and entertainment opportunities, financial and professional offices, Attached and multiple family housing, and public uses. Although this district relies on automobile traffic, the needs of pedestrians and bicyclists are deemed equally important. Pedestrian and bicycle linkages, landscaping, and appropriate amenities are important components of this district. The pedestrian orientation of buildings adjacent to sidewalks encourages parking in the rear yards and enhances the traditional character exemplified by historical central business districts. Zoning standards are intended to promote compatibility in form, function and style. (Ord. B -117, 9 -18- 2001) B. Permitted Uses: The following uses are permitted uses in the DTC 2 district: Apartments. condominiums. or multiple family housing. subject to the following conditions: 1. No dwelling units shall be allowed on the first floor of any part of the building within 150 feet of Trunk Highway 3. 2. A minimum of one (1) underground or structured parking stall is provided per dwelling unit. Business services and offices, including accounting, advertising, auditing, commercial art, computer services, mailing, photocopying, photography, and public relations. Communications businesses. Eating and drinking establishments, excluding drive- through facilities. Essential service facilities. 1 Financial institutions, excluding currency exchanges. payday loans. check cashing. or drive through facilities. General repair services, including appliance repair, furniture reupholstery and repair, jewelry, clock and watch repair, radio repair, small electronics repair, and television repair, but excluding uses that involve hazardous materials or corrosives or result in hazardous wastes or noxious fumes in its processes, Hotels Arcade Parlors. Billiard Halls. and Dance Clubs Membership organizations, including clubs, lodges, trade associations, unions, political and religious organizations. Museums and art galleries. Personal services, including barber and beauty shops, laundry services, shoe repair and photography, excluding body piercing, tattoo and pawn shops. Professional services, including architects and attorney offices, dental and medical clinics, financial services, insurance providers, and real estate businesses. Public or governmental services, including libraries, city offices, auditoriums, public administration buildings and civic centers. Public parking lots and transit stations. Public parks, owned and operated by a government unit, including recreational facilities and structures consistent with the public area. Retail sales, including books and stationery, clothing, drug, gifts and novelties, groceries, furniture and hardware, hobby, jewelry, and sporting goods stores, or other retail establishments of a community nature, but excluding used parts and pawn shops, automobile and related equipment sales, services, parts sales and gasoline and fuel sales. New auto parts sales are allowable provided that auto parts sales activity results in no more than ten percent (10 of store revenue or comprises no more than ten percent (10 of the floor space. Single family attached dwellings. subject to the following conditions: 1. No dwelling units. common areas. or parking stalls shall be allowed within 150 feet of Trunk Highway 3. 2. Standards set forth in Section 11 -2 -18 of this title. 2 Veterinary clinic, not including outdoor runs or kennels. Subject to the regulations regarding the care and keeping of animals within the city contained in title 7, chapter 4 of this code. (Ord. B- 117, 9 -18 -2001; amd. Ord. B -153, 4 -1 -2005) C. Accessory Uses: The following uses shall be permitted accessory uses: Accessory apartments, provided they are located above the first floor. Construction office, temporary. Fences, as regulated by this title. Off street parking, as regulated by this title, but not including semitrailer trucks. Outdoor sales and display of merchandise, provided that: 1. Merchandise must consist only of finished products. 2. Outdoor sales shall be conducted by the owner or lessee of the premises or with the written consent of the owner or lessee. 3. Disassembled merchandise parts may be displayed outdoors only when new products are customarily sold unassembled and are intended for customer purchase and assembly. 4. There shall be no display of automobiles or recreation vehicles. 5. Only merchandise that is normally manufactured, sold, or stored by the occupant on the premises shall be sold and /or promoted. 6. Sales activity shall be conducted on a paved surface and provided the activity does not interfere with traffic and pedestrian movements 7. Truck and trailer parking. Except while loading, unloading, or rendering a service in a designated loading area, no commercial trucks, truck- tractor, or semitrailer combinations are permitted to be parked and /or stored longer than forty eight (48) hours. The principal use of a 8semitrailers may not be used -for outdoor sales. Semitrailers that are principally used for education. training. and demonstration to the customer in the use or care of a product where sales are a secondary use of the trailer may be permitted. These educational and demonstration semitrailers are to be limited to a period not to exceed ninety -six (96) hours. 8. Aggregate area of outdoor sales and display shall be limited to an area not more than forty percent (40 of the finished square feet of the principal building. The forty percent (40 outdoor sales and display area may be exceeded for up to a four (4) day period through an administrative permit approved by the Community Development Director. No business shall receive more than twelve (12) permits per calendar year. 3 Outdoor seating areas, accessory to permitted or conditional uses. Satellite dishes and solar collectors. Signs, as regulated by this title. (Ord. B -117, 9 -18 -2001; amd. Ord. B -145, 11 -3 -2004) D. Conditional Uses: The following uses are conditional uses in the DTC-2 district, and are subject to the conditional use permit provisions outlined in this title: Child and adult daycare services: 1. Licensed daycare facilities must meet the following conditions: a. Pick up and drop off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements. b. Outdoor recreational areas shall be located and designed in a manner that mitigates visual and noise impacts on any abutting residential parcels. c. Such facilities shall provide proof of all applicable state, county, and city licenses. 2. Adult daycare services, subject to the following conditions: a. All outdoor leisure /recreation areas shall be located and designed to minimize visual and noise impacts on adjacent areas. b. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. c. Provide proof of state, federal, and other governmental licensing agency approval. Congregate housing Custom manufacturing, with accessory retail sales and display. 1. The size of a custom manufacturing facility shall be no greater than ten thousand (10,000) gross square feet. 2. Such uses shall be prohibited on property abutting a residential district. Financial institution with drive- through facilities. subject to the following conditions: 1. Drive -up teller structures shall be located behind the building. 2. Drive through canopies shall not extend be.yond the sides of the building. 4 3. The site and building(s) shall be designed to limit the effects of the drive- through on adjacent properties and public rights of way. No use with a drive through window shall be located abutting any residential use or district. 4. The principal building shall be the primary source for screening the drive- through facility and stackin and exitin areas from ad acent ro erties and or ri hts of wa Landscaping and berming shall be a secondary source for screening drive- through, stackin or exitin areas. Should landsca in and bermin be found ineffective b the 5. Stacking lanes. drive -up teller structures. and service window shall be designed and located to minimize noises. emissions. and headlight glare upon adjacent properties and public rights of way. 6. Stacking lanes shall not interfere with circulation through any required parking, loading, maneuvering or pedestrian area. Funeral services and mortuaries, must provide adequate off street parking as regulated in this title. In the case of shared parking between abutting uses, a reduction of up to forty et percent (44-0 in the number of required parking spaces may be approved. restrietlens: city. the city may approve screening walls and /or decorative fencing as an alternative. Screening walls shall be constructed of a similar material to the principal building and shall not extend more than twenty five feet (25') without a change in architecture to reduce their mass and appearance. Stacking areas shall have a minimum ninety percent (90 opacity screen to a height of six feet (6) while exiting areas shall have a minimum fifty percent (50 opacity screen to a height of at least four feet (4'). or conditional uacs in the C 2 diatrict. (Ord. B 117, 9 18 2001) E. Interim Uses: The following uses shall be permitted interim uses: Transient merchant sales lots as regulated by title 3, chapter 5 of this code and the zoning ordinance, provided that: 5 1. The owner and /or operator of the outdoor sales lot shall have written permission of the property owner of the property on which the sale or event is located and shall have said written permission available for inspection if requested. 2. No portion of the sales lot or any advertising for the event shall take place within any public right of way or intersection sight triangle. A minimum ten foot (10') setback, or the minimum parking setback for the applicable zoning district if it provides for a greater setback, shall be maintained from all property lines and no portion of the use shall take place within one hundred feet (100) of any property line of any residential use or residentially zoned property. 3. Any signage for the outdoor sales lot or event shall comply with the temporary signage requirements contained in chapter 8 of this title. 4. Any temporary structure, including tents and membrane structures, associated with the outdoor sales lot or event shall comply with all applicable building codes and permit requirements. 5. Hours of operation shall be subject to the requirements of title 3, chapter 5 of this code. 6. Adequate off street parking, with a surface in compliance with subsection 8 -2 -2I of this code, shall be provided for both the principal and interim use ensuring that no obstruction or interference occurs with existing traffic patterns. 7. No parking related to the outside sales lot or event shall be permitted on adjacent parcels without the prior written consent of the adjacent parcel owner. Said written permission shall be available for inspection if requested. 8. A detailed site plan showing the outdoor sales lot area and dimensions, access and egress to the site, all structures, setbacks, signage, parking, and any other information requested to approve the outdoor sales lot shall be submitted for approval with application materials required for an interim use permit and an outdoor sales lot in title 3, chapter 5 of this code. 9. Outdoor sales lots for consumer fireworks sales shall meet the specialized requirements laid out in Minnesota statute, section 624.20, title 6, chapter 4 of this code, and all other applicable zoning, city code, fire code, county ordinance, or state statutes. 10. The period during which the permitted use may continue will be specified by the city council, but in no case will be longer than sixty (60) days. (Ord. B -155, 6 -7 -2005) F. Minimum Lot Requirements: 1. Minimum Lot Area: None. a. Principal structurc: Seventy fivc fcct (75'). 6 b.Acccsaory structure: Eighteen fcct (18'). 2 Minimum Lot Width: None. 3. Minimum Lot Coverage: Ninety Percent (90 4. Minimum Front. Side. and Rear Setbacks: None. Buffer yard: Where a DT C- 2-Ddowntown eerninereittl district abuts a residential district, a ten foot (10') wide buffer yard shall be required. This buffer shall contain no structures, shall not be used for parking, off street loading or storage, and shall be landscaped. Landscaping shall include sod or seeded grass and planting of trees and shrubbery. A screen wall or fence not less than fifty percent (50 opaque, nor less than three feet (3') in height shall be erected to provide sufficient screening of the commercial parking. Berming and /or landscaping may substitute for the fence. (Ord. B -117, 9 -18 -2001; amd. Ord. B -155, 6 -7- 2005) 6. Maximum Building Height: a. Principal structure: Forty five feet (45'). b. Accessory structure: Eighteen feet (18 G. Site and Building Standards: To prevent urban blight and ensure quality long lasting construction compatible with both adjoining properties and throughout the district. all sites and buildings shall comply with the following standards. as well as applicable sections of this title: Additional 1. Architectural Appearance: Any building facade facing a public right -of -way shall have the highest level of architectural detail. material variation. facade articulation. and roofline enhancements. Lots with multiple right -of -way frontages shall have the multiple facades facing the right -of -way treated equally in their level of architecture. Color patterns of materials must be compatible and complimentary with brick and stone colors naturally occurring in the Upper Midwest. Non -earth tone materials shall be limited to architectural accents or signs. Buildittst aeeeats: 7 this code, county ordinance, or-state statute applicable to tranaicnt mcrchanta, temporary structures, or sales lots. (Ord. B 155, 6 7 2005) 2. Building Massing and Facade Variation: a. Facades Facing Public Right -of -Ways: Facades facing the public right -of -way shall include a minimum four (4) elements of architectural detail and variation listed above in Section 2.c. across the entire facade. b. Facades Not Facing Public- Right -of -Ways: Facades not facing the public right -of- way shall include a minimum one (1) element of architectural detail and variation listed above in Section 2.c. across the entire facade. c. Elements Used for Architectural Detail and Variation: The follow elements are suggestions to be used to increase the interest and compatibility of buildings with the Downtown district: (1) Rooflines Elements: a) Commercial and Civic: Parapets. Cornices. Entablature. Dentil Molding, Pediments or similar feature. b) Residential: Dormers. Mansard Roofs. Hip Roofs. Clipped Gables. or similar features (2) Window Elements: Lintels. Pediments. Rounded Pediments. Hoodmolds, Foils, Chicago -style windows. or similar features. (3) Building Corner. Doorway. or Sub facade Edge Elements: Rusticated Corners. Gibbs Surrounds. or similar features. (4) Multiple Story Facade Elements: Pilasters. Window Columns. Stone Bases. or similar features. (5) Single Story or First Floor Commercial Elements: Transom Windows, Clerestories. Awnings. Heighted Parapet Walls. Arcades. Colonnades and similar features. 8 3. Permitted Materials: a. Facades Facing Public Right -of -Ways: The exterior wall surfaces excluding doors and windows shall be a minimum of 75% face brick or stone. A maximum of 20% specialty integral colored concrete block (including textured. burnished. and rock faced block) may be used for the base of the building facade. A maximum of 10% EIFS. masonry stucco. or similar products may be used for architectural details such as cornices. dentil molding. parapets. or sign bands. Any other material used shall be compatible with the materials commonly used in the architectural style of the building (i.e. tile or polished metal for Art Deco style buildings). Unadorned concrete is prohibited. b. Facades Not Facing Public- Right -of -Ways: The exterior wall surfaces excluding doors and windows shall be a minimum of 60% face brick or stone. The remaining 40% of the wall surface may be specialty integral colored concrete block (including textured. burnished. and rock faced block). tile (masonry. stone or clay). architectural textured concrete panels cast in place. or better. A maximum of 10% EIFS. masonry stucco. or similar products may be used for sign bands or architectural accents. Unadorned concrete is prohibited. d c. prcvcnt dircct glare. 4. Pedestrian Circulation: Appropriate provisions shall be made to protect pedestrian areas from encroachments by parked or moving vehicles. Clear and well lit walkways shall extend throughout the site and parking area(s) connecting building entrances to adjacent public sidewalks and any parking facilities located on the site. 9 5. Parking: a. Walkway(s) shall be made of high quality, long lasting, and decorative materials and incorporate architectural themes present in the surrounding building. Bituminous or asphalt materials are prohibited. b. A walkway at least six feet (6') wide shall extend along any facade featuring a customer entrance and any facade abutting a parking or maneuvering area. c. A continuous and permanent concrete curb not less than six inches (6 above grade shall separate internal sidewalks from parking. loading. stacking and maneuvering areas. d. Concrete sidewalks. a minimum of five feet (5') in width, shall be provided on all property abutting a public right -of -way. amd. Ord. B 155, 6 7 2005) a. The outdoor overnight parking of trailers within city approved customer parking is prohibited. The term "trailer" shall include any vehicle that is not self propelled that requires another motorized vehicle to propel it and requires its own license from the state department of motor vehicles. (Ord. B -202, 8 -18 -2009) 6. Lighting: Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. a. Any light fixture must be placed in such a manner that no light emitting surface is visible from any residential area or public /private roadway. walkway, trail or other public way when viewed at ground level. b. Light shall be directed toward the ground. Externally lit signs. display. building and aesthetic lighting must be lit from the top and shine downward. Lighting must be shielded to prevent direct glare. c. The level of lighting shall not exceed 0.5 lumens at any residential property line or 1.0 lumen at any nonresidential property line. 10 d. The maximum height for exterior lighting is thirty feet (30'). The maximum height for exterior lighting within one hundred feet (100') of a residential use or district shall be twenty feet (20'). e. All nonessential lighting will be required to be turned off after business hours, leaving only the necessary lighting for site security. 7. Parking Lots: To reduce the impact of large expanses of paved surfaces, provide a more pedestrian friendly environment and provide adequate room for snow storage. all parking areas (including driveways and drive aisles) shall be screened and landscaped. Trees. shrubs, flowers and ground cover needed in these areas shall be in addition to the minimum number of trees and foundation plantings required by this title. a. Screening: Buildings. landscaping and berming shall be a primary source for screening parking areas. Should landscaping and berming be found ineffective by the city. the city may approve screening 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 twenty five feet (25') without a change in architecture to reduce their mass and appearance. The screening source (landscaping and berming or walls and /or decorative fencing) shall provide a minimum fifty percent (50 opacity screen to a height of at least four feet (4). b. Landscaping: A minimum of ten percent (10 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. i. The islands or peninsulas shall be a minimum eight and one -half feet (8.5') 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. ii. To ensure this landscaping is properly dispersed. a minimum of one island, peninsulas or the like shall be located within each six thousand (6.000) square feet of vehicular use area. iii. A minimum of one tree shall be required for each two hundred fifty (250) square feet or fraction thereof. of required landscape area. Trees shall meet the standards described in Section 11 -6 -3 E. 11. of this title. 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 feet (2') in height. 8. 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 11 these areas shall be in addition to the minimum number of trees and foundation plantings required by this title. All landscaped areas shall be irrigated. Portions of the site may be exempt from these requirements where future development or expansion is planned. These areas shall either be graded and seeded with prairie 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 soil erosion due to potential increases in storm water runoff. Section 2. Rosemount Zoning Ordinance B, Section 11 12 is amended as follows: 11 -4 -12: RESERVED dowitteverh \'q. It VIA. 12 1. The sizc of a custom manufacturing facility-shall bcno grcatcr than fivc thou3and (5,000) 3quarc fcct. C .Lu se cue f c n o .Y C13CWhCrC in thi3 title. 13 Minimum Lot Size (Feet) Minimum Yards (Feet)2 CUOS /Unit (Square Feet). Other Standards Districts Zone} Width (Feet) Area Depth Front Side Rear Maximum Density Maximum Building Height (Feet) Maximum Lot Coverw GUOS /Unit (Square Feet) AG n/a 300 2.5 ac LIZA 50 30 30 1/40 ac 50 n/a n/a AG -P n/a 300 40 ac th 50 30 30 1/40 ac 50 n/a n/a RR n/a U -300 P -200 U -5 ac P -2.5 ac g[a 40 30 30 1/5 ac 35 n/a n/a RL n/a 110 20,000 180 30 15 30 n/a 35 30% n/a and intcrcst, such as litl cls corniccs, itrsct clearways, beveled corners, parapctwalls, ctc. or bcttcr. 117, 9 18 2001) Section 3. Rosemount Zoning Ordinance B, Section 11 -5 -1 is amended as follows: 11 -5 -1: DIMENSIONAL STANDARDS: For additional requirements, refer to section 11 -5 -2, "Supplementary Regulations of this chapter; chapter 6, "Off Street Parking, Loading And Landscaping of this title; and chapter 7, "Special Overlay Regulations of this title. (Ord. B, 9 -19 -1989) DIMENSIONAL STANDARDS TABLE 14 R -1 n/a C -95 I -80 C- 12,000 I- 10,000 125 30 10 30 n/a 35 30% n/a C- R -1A n/a C -95 1 -80 12,000 I- 125 304 T -10 S -5 25 n/a 35 30% n/a 10,000 n/a R -2 n/a 100 12,000 120 30 6 /ac 35 %I' R -2 120 18,000 150 3034 10 30 30 30 6 /ac 35 75% n/a R -3 150 22,500 150 30 30 30 12 /ac 35 75% 500 R -4 150 22,500 150 30 30 30 40 /ac 35 75% 500 C -1 1 acb 150 15,000 125 30 10' 10 n/a 35 75% n/a None None" None" None" LT6 n/a n/a n/a 435 90 %H{R n/a C -3 2 ac 120 1 ac n 30 10 100 n/a 35 75% n/a C -4 1 ac 120 20,000 La 30} 10 10 n/a 35 75% n/a BP 1 ac 120 1 ac nLa 30 10¢' 10 n/a 40 75% n/a LI 5 ac 240 3 ac 11/ 30 10 10 n/a 40 75% n/a GI 10 ac n/a 5 ac La 75 50 50 n/a 75 70% n/a HI 25 ac n/a 25 ac La 7589 7589 7589 n/a 75 70% n/a WM 10 ac n/a 5 ac 75 50j 5028 n/a 75 50% n/a P n/a n/a n/a 30 30 3028 n/a 40 75% n/a n/a n/a n/a ilLa n/a n/a n/a n/a n/a n/a n/a FP U Unplatted P Platted C Corner lot I Interior lot Notes: 1. Single- and two- family. 2. Multiple family, including townhomes. T Two -story S Single story 54. Refer to subsection 11- 5 -2C4a of this chapter for established front yards. Notes (cont'd): 4.5: Two family dwellings: 30 percent. Single family detached dwellings: 40 percent. Single family attached dwellings: 70 percent. 5.6 See subsections 11- 5 -2C2a and C2d of this chapter. 6.77 30 foot minimum side or rear yard where abutting a noncommercial or nonindustrial district (see district regulations). 15 7.87 Refer to subsection 11- 5 -2C2a of this chapter for buildings exceeding 35 feet in height. 8.97 Minimum 75 foot setback. See district regulations for specific setback requirements. 9.41- See district regulations for setback increases. 104. See definition for impervious surfaces in section 11 -1 -4 of this title. 11. A ten (10) foot buffer yard is required adjacent to any residential district. (Ord. B -178, 12 -19 -2006) Section 4. follows: Rosemount Zoning Ordinance B, Section 11 -5 -2 A. 2. is amended as 11 -5 -2: SUPPLEMENTARY REGULATIONS: A. Building Type And Construction: 2. Commercial Districts (C -1, DTC-2, C -3, C -4): The permitted materials for commercial buildings are detailed in each individual commercial district and applicable sections of this title. (Ord. B -179, 12 -19 -2006) Section 5. Rosemount Zoning Ordinance B, Section 11 -5 -2 is amended as follows: 16 Dimensional Standards For Accessory Buildings And Surface Parking Accessory Buildings Maximum Building Height (Feet) Surface Parking Minimum Yards (Feet) Minimum Yards (Feet) Districts Front Side Rear Front Side Rear AG 50 30 30 75 50 524 512 AG -P 50 30 30 75 50 524 512 RR 40 30 30 35 40 524 512 RL 30 15 15/30 18 30 524 512 R 1 30 10 5/30 18 30 10 10 R -1A 30 10 5/254 18 30 10 10 R -2 (2F) (3+ F) 30 30 10 10 5/30 10 18 18 30 30 524 10 512 10 R -3 30 10 10 18 30 10 10 R -4 50 10 10 18 30 10 10 C -1 Same as for principal buildings 18 20 20 10 DTG- -2 18 None a None a None C -3 25 20 10 10 C -4 25 20 10 10 BP 40 20 1026 1026 LI 40 20 10 10 GI 75 40 25 50 HI See district regulations 75 75 75 75 WM Same as for principal buildings 75 40 25 50 P 40 FP n/a n/a n/a n/a 11 -5 -2: SUPPLEMENTARY REGULATIONS: Notes: 1. Except parking may occur within a normal driveway that crosses a required yard. 2. Driveways shall comply with yard setback requirements for surface parking. 3. See subsections C2a and C2d of this section. 1. Or the rcquircd front yard as may be prcscribcd by subscction C4 a, "Establishcd- FronYardA -f 4. 120 square feet or less in R -1 and R -2 districts: 5 foot setback; R -1A district: 5 foot setback; in RL district: 15 foot setback; except double frontage or corner lots: 30 foot setback. Over 120 square feet: 30 foot setback. 17 5. Or the required front yard as may be prescribed by subsection C4a, "Established Front Yards of this section. 5. Scc subsections C2a and C2d of thin section. 6. A ten (10) foot buffer yard is required adjacent to any residential district. 76. See district regulations for setback increases. (Ord. B -182, 12 -19 -2006) Section 6. follows: 11 -6 -1: OFF STREET PARKING REQUIREMENTS: K. Off Street Parking Exceptions: 3. Central Business District: Uses constructed in the DTG-2 Ddowntown eeereial district shall be exempt from this section except that all such parking provided shall comply with the parking design standards in subsection L of this section. (Ord. B -139, 5 -18 -2004; amd. Ord. B- 194, 11 -20 -2007) Section 7. follows: 11 -8 -3: ADMINISTRATION AND ENFORCEMENT: B. Permit Not Required: 4. Sidewalk Signs: Sidewalk signs in the DTG-2 Ddowntown eentlytereild district, subject to the following standards: Section 8. follows: 11 -8 -4: GENERAL REGULATIONS: C. Construction And Placement: Section 9. follows: 11 -8 -4: GENERAL REGULATIONS: H. On Premises Temporary Signs: Rosemount Zoning Ordinance B, Section 11 -6 -1 K. 3. is amended as Rosemount Zoning Ordinance B, Section 11 -8 -3 B. 4. is amended as Rosemount Zoning Ordinance B, Section 11 -8 -4 C. 1. is amended as 1. Except in the G-2 DT Downtown district and as otherwise regulated herein, all freestanding signs shall be set back at least ten feet (10') from any property line. No sign, except official signs, may be located within the public right of way, a corner sight triangle or any easement. Rosemount Zoning Ordinance B, Section 11 -8 -4 H. 2. is amended as 18 2. Location And Exceptions: Temporary signs are allowed in any commercial, business park, industrial, or public and institutional district except that portable changeable copy signs are prohibited in the DTG-2 Ddowntown eeritmeteial district. Sidewalk signs shall comply with the specific standards detailed in subsection 11 -8 -3B4 of this chapter. Section 10. follows: Rosemount Zoning Ordinance B, Section 11 -8 -6 C. 1. is amended as 11 -8 -6: DISTRICT REGULATIONS: C. Signs Allowed By Permit In Commercial And BP Districts: 1. C -1 convenience commercial and DTG-2 Ddowntown eermriereial as follows: a. Wall Signs: (5) In the DTG-2 Ddowntown commercial district only, properties may have a sign that projects from the side of the building in addition to the maximum fifteen percent (15 wall sign standard. This sign may not exceed twelve (12) square feet in size or three feet (3') in width. The maximum distance between sign and building face is one foot (1'); however, at no time shall any projecting sign encroach the public right of way. No portion of a projecting sign may extend beyond the second floor of the building. No less than ten feet (10') of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign. Signs cannot block or diminish design details, windows or cornices of the building upon which they are placed. Section 11. Rosemount Zoning Ordinance B, Section 11 -8 -6 C. 2. h. (1) is amended as follows: 11 -8 -6: DISTRICT REGULATIONS: C. Signs Allowed By Permit In Commercial And BP Districts: 2. C -3 highway commercial and C -4 general commercial as follows: h. Marquee Signs: (1) Running and chasing lights are only allowed in the C -4 general commercial and DTG-2 Ddowntown commercial districts; Section 12. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. 19 ENACTED AND ORDAINED into an Ordinance this 4 day of January, 2011. CITY OF ROSEMOUNT ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor EXCERPT OF MINUTES REGULAR PLANNING COMMISSION MEETING OCTOBER 26, 2010 b. Downtown District Zoning Ordinance Text Amendment (09- 32 -TA). Senior Planner Zweber reviewed the staff report and stated that following the adoption of the 2030 Comprehensive (Comp) Plan, the City must review its Ordinances and update them as needed to implement the goals and polices of the Plan. Currently, Downtown is predominately zoned C -2 Community Commercial to address the commercial uses, PI Public and Institutional to address the civic uses, and a Downtown Overlay District which allows for some mixed uses /multi- family residential buildings. The goal of the new zoning district is to create one zoning district that would replace the C -2 Community Commercial and Downtown Overlay districts while allowing for commercial, multi- residential, and civic uses. The City will still maintain the Development Plan for Downtown Rosemount to show the mix of land uses expected in Downtown and the Downtown Design Guideline to more fully explain the design elements expect when designing a building for Downtown. Chairperson Ege asked that since auto repair businesses will no longer be allowed in the Downtown District, how that affected the Medicar business already in downtown. Mr. Zweber responded that the Medicar business is a legal non conforming use resulting from previous changes to the C2 district. The property is grandfathered in and can continue in its current size and capacity but cannot expand. He further stated that the changes to the Downtown District will not further affect how they operate their business. The public hearing was opened at 6:58p.m. Don Sinnwell, 3335 145` Street, Rosemount, and owner of a business located at 3020 145 Street approached the Commission and stated he was present at the Business Council Meeting when the City presented the draft ordinance. He listed a few concerns: What is the definition of a Historical Central Business District? Mr. Sinnwell stated that the new ordinance is restricting businesses from locating in downtown which conflicts with what the City should be trying to accomplish. With respect to the one parking space per apartment restriction in the draft ordinance, Mr. Sinnwell stated that an apartment will most likely have occupants with more than one vehicle meaning the one parking space will not be enough. Mr. Sinnwell stated that requiring financial institutions to obtain a conditional use permit for the drive -thru requires another permit and results in more time and money for the applicant. Mr. Sinnwell stated that excluding body piercing establishments again restricts businesses from locating in downtown and those types of businesses could draw a lot of people to downtown. Mr. Sinnwell stated he doesn't see why automobile parts and sales stores are not being allowed as they would bring traffic to the area. Mr. Sinnwell stated that retail sales of clothing is allowed although it takes a customer base of about 50,000 to support a clothing store. He asked how such a store would survive without additional traffic in downtown. Mr. Sinnwell stated that by not allowing sales to take place out of semi trucks, the City is disallowing current practices such as Dewalt who has a semi that will sell tools in front of Terry's Ace Hardware. Mr. Sinnwell asked for the definition of "finished products" since hobby stores are allowed earlier in the ordinance and hobby stores often have products that are not finished. Mr. Sinnwell stated that a requirement for a six foot fence would be a safety hazard for a retail store or a bank where a person could hide behind the fence. Mr. Sinnwell further stated that in addition to the fencing and buffering requirements, the ordinance is requiring an additional 10 foot setback from the residential area which takes away a space equal to one parking space or sales space away from a business. With respect to the parking space requirements, Mr. Sinnwell stated that adding a requirement for 10% of the parking space to be for islands and decorative landscaping takes away from valuable parking area when parking is already so limited in downtown. Mr. Sinnwell asked the Commission whether or not the new standards in the downtown district will be cost effective or cost prohibitive to new businesses coming into town. There were no further public comments. MOTION by Ege to close the public hearing. Second by Kolodziejski. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 7:10p.m. Mr. Zweber suggested the Commission table the item to allow staff to review the comments and questions put forth and come forward with a suitable response. To generally respond to some of Mr. Sinnwell's comments, Mr. Zweber stated that historic downtown, when mentioned in this context, means the area that was originally downtown. He further stated that many of uses that used to be in downtown and are no longer here mostly because of the market and most uses have moved to County Road 42. With respect to setbacks in the downtown district, Mr. Zweber stated that there are no setbacks unless the business borders a residential district and then there is an additional 10 foot buffer required, whereas in the C4 district, there are setbacks required on all property boundaries. Also, many uses mentioned by Mr. Sinnwell as not being allowed in Downtown are allowed in the C4 district along County Road 42. Mr. Zweber asked the Commission to provide direction on how to address the other questions and comments. Chairperson Ege agreed that the Commission is not prepared to pass the ordinance at this time and suggested tabling the item to give staff more time to prepare. Commissioner Powell stated his agreement to table the item. MOTION by Ege to table review of the DT: Downtown Zoning Ordinance to the November 23, 2010, Planning Commission meeting. Second by Powell. Ayes: 5. Nays: None. Motion approved. This item will be continued at the November 23, 2010, Planning Commission meeting. EXCERPT OF DRAFT MINUTES REGULAR PLANNING COMMISSION MEETING NOVEMBER 23, 2010 a. Downtown District Zoning Ordinance Text Amendment (09 32 TA). As a result of the adoption of the 2030 Comprehensive Plan, the City must review its ordinances to ensure they implement the goals and policies of the Comp Plan. Staff is presenting a proposed ordinance amendment for approval by the Planning Commission. This is a continuation of the item which was tabled at the October 26, 2010, Planning Commission meeting. Mr. Zweber reviewed the comments brought to the Planning Commission at the October 26 meeting by Rosemount resident, Don Sinnwell, and provided staffs responses to those comments. The public hearing was opened at 6:41p.m. There were no public comments. MOTION by Kolodziejski to close the public hearing. Second by Powell. Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 6:42p.m. Commissioner Powell stated that the Commission has reviewed these standards in great detail at several work sessions and he feels the City needs the basic standards and minimum restrictions in the downtown district. MOTION by Commissioner Powell to recommend the City Council adopt the DT: Downtown Zoning Ordinance. Second by Kolodziejski. Ayes: 4. Nays: None. Motion approved. Mr. Zweber stated that this item will go before the City Council at the December 15, 2010, work session meeting which is common for large review items and will tentatively go before the Council for approval at the January 4, 2011, meeting.