HomeMy WebLinkAbout2.e. Downtown Zoning District, Case 09-32-TAD14 EXECUTIVE SUMMARY
CITY COUNCIL
City Council Worksession Date: December 15, 2010
AGENDA ITEM: Case 09 -32 -TA Downtown Zoning
AGENDA SECTION:
District
Discussion
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO.
ATTACHMENTS: Draft DT: Downtown Zoning Ordinance;
Current Downtown Zoning Map; C -2
Zoning Ordinance Adopted September
19, 1989; Excerpt from the October 26
APPROVED BY:
Planning Commission Minutes; Excerpt
from the draft November 23 Planning
Commission Minutes.
RECOMMENDED ACTION: Discussion Only
ISSUE
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 includes a 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 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 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 contains some changes and additions from the current C -2 zoning
district. The 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.
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.
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.
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 to these comments are provided below.
Comments Received at the October 26 Public Hearing
1. Please define a Historical Central Business District. In the context of the Purpose Statement, the best
example would be the block of 145th Street West between Cameo Avenue and South Robert Trail.
In that block, which includes four buildings on the south side and three buildings on the north side
of the street, all the building are located adjacent to the City sidewalk with parking on the side or
rear of the building. With the exception of the Loch -Blake building, the entire block was
constructed before the City was incorporated and had a Zoning Ordinance. This is the traditional
character that the Zoning standards are referring to. This provision exists in the current
Ordinance and has not been proposed to change.
2. 11-4 -1 B. 2.; An apartment will have two occmpants and more than likely two vehicles if not morn. The rrgmired
one parking space is not enomgh. This standard only refers to underground or structured parking not
overall parking. This standard is to require developers to use the property more efficiently by
stacking parking with other uses instead of using the majority of the site for surface parking. This
provision exists in the current Ordinance and has not been proposed to change.
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3. 114 - 1 B.; Excluding drive through facilities from financial institutions. Do not most banks have a drive though
facility? Having drive tbmughs as a conditional use requires another permit and more time and money by the
applicant. Drive - thrus are not prohibited but are moved to Conditional Uses. Drive -thrus need to
be designed carefully and standards are developed to require that they are installed behind the
buildings not along the street frontage where they can occupy valuable street frontage or create
conflicts with pedestrians, parking stalls, or turning movements. No change has been proposed to
the draft Zoning Ordinance from the October 26 Planning Commission meeting.
4. 114 -1 B.; Page 2. Retail sales exclude automobile and related equipment? What is wrong with the auto parts
store we have in town and why could they not be downtown? What is wrong with auto related sales, as next to the
home they are the most expensive item people will purchase in their life. They will bring in traffic to the area and
that is what we need is traffic to downtown. In the past, the Downtown was Rosemount's only
commercial district and included lumber yards, auto repair, auto dealership, car washes, gas
stations, and auto parts stores. The lumber yard and auto dealership moved from the Downtown
decades ago while over the last few years the last of the auto parts store has moved and the car
wash closed. In 1989, when the City first adopted a commercial district for the Downtown, auto
repair, auto dealership, car washes, and gas stations were eliminated from the Downtown zoning.
There is a larger commercial district on the south side of County Road 42 and additional
commercial areas are planned along County Road 42 and South Robert Trail. Many of the auto
orientated uses, including the auto parts stores, have already moved to these commercial areas
within Rosemount. The removal of auto parts stores from the DT Zoning District completes the
removal of the auto uses from Downtown while allowing them in other places in the City.
One of the reasons this change had been instituted is the Downtown land area is very small as
compared to other commercial areas of the community. The entire Downtown is approximately 29
acres. Often auto related uses need more land for outside storage and parking. The other zoning
districts in the community provide more land area, and therefore the opportunity for more outside
storage space to permit vehicle storage, display and sales consistent with auto related uses.
No change has been proposed to the draft Zoning Ordinance from the October 26 Planning
Commission meeting.
S. 114-1 B.; Retail sales includes clothing. It takes a customer base of about 50,000 to support a clothing store.
How are they going to survive? The storrsyou list are great, however, how are they going to survive without traffic?
The Zoning Ordinance describes what uses are permitted Downtown while the market will
determine what is actually developed Downtown. Although there may not be a market for a large
store exclusively selling clothing, it is possible that a small boutique or consignment store might
open or some other business may incorporate clothing as a part of their business. This provision
exists in the current Ordinance and has not been proposed to change.
6. 114-1 C. 1.; Please dfine finished products asyou have allowed hobby stores earlier. Some products, like
airplane models, plumbing pipes, nuts and bolts, garden plants and yarn are sold individually as a
complete product that is used by the customer to create or repair something at their home. This
section refers exclusively to outdoor storage. The intent of this section is to prohibit the display
and storage of partially assembled products, such as lawnmowers in the box, or products that are
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disassembled and sold separately, such as scrap parts or items displayed at swap meets. Partially
assembled products can be sold indoors but not outdoors. A fully assembled lawn mower can be
displayed outdoors and then the boxed lawnmower can be sold indoors. This provision exists in
the current Ordinance and has not been proposed to change.
7. 114-1 C. 7.; You state that we cannot sell items out of semi trucks With thisyou are restricting for an example,
Dewalt has a semi that will come and set up shop outside Terry's Ace Hardware to demo all their tools and sell
tools out of the semi. This is not possible with the new ordinance, the truck could also be there from Thursday
through Monday. Again, this is not possible with this ordinance. I'you are wishing to stop the parking of semi
tracks from downtown, then the ordinance needs to state that and not restrict business. The intent of this
section is to prevent a truckload of lawnmowers being parked in a parking lot and sold straight
from the truck. Staff agrees that it is not intended to prohibit semi - trailers that serve as
educational, training, and demonstration such as the Dewalt example. Language has been added to
the Ordinance to allow these educational and demonstration trailers for a period not to exceed
ninety-six (96) hours.
8. 114-1 D. 2. a.; All outdoor leisure/ recreational areas shall be located and designed to minimise visual and noise
impacts on adjacent areas. Do we not wish for the cdti�Zens of Rosemount and the people that drive through to know
that we take care of our adults that need care? This also brings traffic to the area and to survive we need traffic.
The purpose of this provision is to locate the building adjacent to the street and the recreation and
leisure activities away from the street. The intent is not to segregate people but to provide as
peaceful and relaxing environment for the people as possible. In addition, there is an increase in
safety by the physical separation between the vehicular traffic and the recreation space. This
provision exists in the current Ordinance and has not been proposed to change.
9. 11-4 -1 D.; Define custom manufacturing. You do not wish for auto parts stores, auto parts are finished products
however, you will allow custom manufacturing? Two examples of custom manufacturing with retail sales
that exist Downtown are the awning manufacturer and the drapery/window covering
manufacturer. Both are located in the same building on the south side of 145h Street just west of
the Geraghty Building. In both cases, a customer gives the manufacturer the dimension of the
awning or drapes needed and business owners manufactures these custom sized products and sells
them retail to the customer. This is a distinctly different business model than an auto parts store.
This provision exists in the current Ordinance and has not been proposed to change.
10. 114-1 D. 4.; A six foot high fence is a safety hazard for a retail store and/or bank. This can allow a person to
hide behind the fence. The use of the six foot fence is only required when there is stacking lanes when
berming, landscaping, or the building itself cannot provide the screening required. It is the city's
preference that the other alternative screening devices are implemented before use of a fence.
Even if a fence were needed for additional screening, it would only be required between the
stacking lanes and the public right -of -way, not between the business and the stacking lanes. There
should not be any additional safety hazard since the fencing would not hide a person from the view
of the business, only from view of the public right -of -way. No change has been proposed to the
draft Zoning Ordinance from the October 26 Planning Commission meeting.
11. 114 -1 E 1. through 4.; what doyou mean? Please explain. Currently, the Ordinance does not state that
there are no setbacks to the property lines. These sections are added to make clear that there are
no setbacks in the Downtown District. No change has been proposed to the draft Zoning
Ordinance from the October 26 Planning Commission meeting.
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12. 114-1 E 5.; This takes 10 feet of the business property afteryou have designated landscaping to screen the
business from the residential area. Doyou need both? A businessputs money in the sales j7oor, not the back room.
Ifyou take another 10 feet from the business, you take sales floor, parking, and traffic from the business. This
provision recognizes that there is a difference between the uses allowed in the Downtown district
and the neighboring residential, often single - family residential, district. There is no setback
required between Downtown commercial or service uses but the buffer yard requirement results in
a 10 foot setback between the Downtown uses and any adjoining residential districts. Even with
this provision, Downtown property owners have the opportunity to use more of their property
than commercial land owners within the other three commercial districts in the City. This is
because the setback requirements are practically nonexistent in the Downtown as compared to the
other commercial zoning districts. This provision exists in the current Ordinance and has not been
proposed to change.
13. 114-1 G. 7.; Parking Lots —please define adequate room for snow removal. This provisions states that the
landscaping around and within parking lots can be used for snow storage. Without these areas,
snow storage occurs by occupying desired parking stalls such as occurs every winter on the west
side of South Robert Trail between Medi -Car and Shenanigan's. The intent of the ordinance
section is to make sure designers are looking for snow storage options when laying out the site
development. No change has been made to the draft Zoning Ordinance from October 26.
14. 114-1 G. 7. a.; Please define ineffective by the City. Every site plan is different and unique. This
provision allows the Planning Commission to determine when landscaping and berming provides
screening or when it does not. Without this provision, the Ordinance would have to contain the
most restrictive standard that all developers must meet even if there are less restrictive design
standards that could in certain cases provide effective screening. This provision provides flexibility
for the Planning Commission to work with the developers on the design of their site. No change
has been proposed to the draft Zoning Ordinance from the October 26 Planning Commission
meeting.
15. 114-1 G. 7. b.; Landscaping —The city is requiring 10% of the parking landscaped by locating islands or
peninsulas within the perimeter of the parking area. Parking is at a premium as it is and the City is requiring that
we take another 10 %. How can this be justified? Landscaping provides multiple benefits, such as snow
storage mentioned above, as well as stormwater treatment, cooling in the summer, and increased
property value through the aesthetic improvements. The intent of this provision is to have similar
standards in the non - residential zoning districts, and raise the aesthetic standard of new
development in the community. These parking lot landscaping provisions have been added within
the other commercial, business park, and industrial zones in the last decade. Recent developments
in the Downtown, such as the County library and Waterford Commons met these regulations. No
change has been made to the draft Zoning Ordinance from the October 26 Planning Commission
meeting.
16. 114-1 G. 1. Through 3.; One final comment —you have architectural standards and yes, I believe the there needs
to be minimum standards, however, as a business the owner needs to look at the return in investment. Wild the
standards that are being proposed going to price a new business out of the market? I believe this is something that
needs to be look at. There is a balance between architectural standards that provide aesthetic and
property value and the cost of these improvements. There are some owners that may argue that a
metal pole building is the best return on investment but the City has previously determined that
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this does not meet the aesthetic standard for the community. The proposed changes in the
architectural standards section of the ordinance are less onerous and therefore should be less costly
than the existing standards. It is believed this change will allow business owners to have a better
return on investment than the current standard while maintaining an aesthetic standard consistent
with a pedestrian orientated Downtown. No change has been proposed to the draft Zoning
Ordinance from the October 26 Planning Commission meeting.
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 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.
Following the review at the City Council work session and any revisions that come from that review, it is
anticipated that the DT: Downtown zoning district will be scheduled for approval on the January 4 City
Council meeting.
RECOMMENDATION
Provide comments or direction on the changes proposed within the draft DT: Downtown zoning district.
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City of Rosemount
Ordinance No. B- xxx
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 C-2 DOWNTOWN COMMERCIAL DISTRICT.
A. Purpose And Intent: The purpose of this district is to encourage a viable downtown area.
Rosemounes 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 h, ousing, and public uses. Although this district relies on automobile traffic, the
needs of pedestrians and bicyclists I 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 ex`_ emplified by historical central business districts. Zoning
standards are intended to promote compatibility in form, function and style. (Ord. B -117, 9 -18-
2001)
in the DTI district:
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.
Financial institutions, excluding currency exchanges, ]2a3:day 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,
religious organizations.
Museums and art galleries.
Personal services, including barber and beauty she
photography, excluding body piercing; tattoo and
Professional services, including architects and s
financial services, insurance providers, and real
Retail sal
furniture
of a com
equipment sales, se
allowable provided
store revenue or cc
and medical clinics,
auditoriums, public
unit, including recreational facilities and
)oks aid station ry, clothing, drug, gifts and novelties, groceries,
hobby, jewelry, and sporting goods stores, or other retail establishments
but excluding used parts and pawn shops, automobile and related
S, parts sales and gasoline and fuel sales. New auto parts sales are
autro_�arts sales activity results in no more than ten percent (10 %) of
sesvno 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.
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
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_ disvlav of
5. Only merchandise that is normally manufactured, sold, or stored by the occupant on the
premises shall be sold and /car promoted;
6. Sales activity shall be conducted on a paved surface and provided the activity does not
Interfere with traffic and" yedestrian moverrients
Truck and trailer parking. E)xc pt while loading, unloading, or rendering a service in a
designated loading ae, no commercial trucks, truck- tractor, or semitrailer combinations
are "pettntted to be p' ed and /6r "stored longer than forty eight (48) hours. The principal
use of � semitrailers mad; not be used for outdoor sales. Semitrailers that are princ_ iipaH
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 1rincipal building. The fbM 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 (J 2) permits per calendar year.
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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 DIG-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
a. Pick up and drop off areas shall be
interfering with traffic and pedestr
b. Outdoor recreational areas shall k
visual and noise impacts on any a
the site; and shall be designed to avoid
and designed in a manner that mitigates
sidential parcels.
c. Such facilities shall provide, proof of all applicable state, county, and city licenses.
2. Adult daycare services,
a. All outdoor leisure /recreation areas shall be located and - designed to minimize visual
and noise impacts on adiacent areas.
b. When a center is located in a multifunctional organization, the center may share a
cornmon space`_with , the - multi functional organization if the required space available
for use by participants is maintained while the center is operating.
Provide proof If state; federal, and other governmental licensing agency approval.
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 beyond the sides of the building.
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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 cipal building shall be the primary source for screening the drive- through facility
and stacking and exiting areas from adjacent properties and /or ri ghts of way.
Landscaping and berming shall be a secondary source for screening drive- through,
stacking or exiting areas. Should landscaping and berming be found ineffective by the
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:
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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 requirementsof 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 in 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 I adjacent parcel owner. Said written permission
shall be available for_in
sp-
tion if requested.
$; A detailedTsite plan showing the outdoor sales lot area and dimensions, access and egress
to the site, all structures,-se "tbacks, 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
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, ci node, 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.
m
2. Minimum Lot Width: None.
3. Minimum Lot Coverage: Ninety Percent (90 %�.
4. Minimum Front. Side. and Rear Setbacks: None.
5.2-. Buffer yard: Where a DT G-2-Ddowntown eammer eial 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:
1.
(4) Emeeption, Temporary struetures allowed bi Permit ftssoeiated with-
f -,
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- : .
2. Building Massing and Facade Variation:
a. Facades Facing Public Right -of -Ways: Facades facing the 12ubhc right -of -wad shall
include a minimum four (4) elements of architectural detail and variation listed above
in Section 2.c. across the entire facade.
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3. Permitted Materials:
a. Facades Facing Public Right -of -Wads: 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 blocW 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 n� arapets, or sign bands. Any other material used shall be
compatible with the materials commonly used in the architectural style of the
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 anyparking facilities located on the site.
I M.
5.
6.
Walkway(s) shall be made of high duality, long lasting, and decorative materials and
incorporate architectural themes l2resent in the surrounding building. Bituminous or
asl2halt 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
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 tog and shine downward. Lighting must be
shielded toprevent direct glare.
The level of lighting shall not exceed 0.5 lumens at any residential 12roperty line or
1.0 lumen at any nonresidential I?rol2erty line.
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d. The maximum height for exterior lighting is thiM feet (30'). The maximum height
for exterior lighting within one hundred feet (100') of a residential use or district shall
be twenty fee (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 l2aved surfaces. provide a more
the standards described in Section 11 -6 -3 E. 11. of this tide. The remaining
area shall be landscaped with shrubs or Uound cover (not to include rocks or
gravel except as a mulch around shrubs and ground covert not to exceed two
feet 21) 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
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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 m storm water runoff.
Section 2. Rosemount Zoning Ordinance B, Section 11 -4 -12 is amended as follows:
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- - . - - - -
13
IltAK . .
Section 3.
11 -5 -1: DIMENSIONAI: STANDAI
Fo
1 -5 -1 is amended as follows:
:cdori' 11 -5 -2, "Supplementary Regulations ", of this chapter;
ling And Landscaping ", of this title; and chapter 7, "Special
Did. B, 9 -19 -1989)
STANDARDS TABLE
=
Minimum Yards (Feet)2
Minimum Lot Sizee'ct
Other Standards
Maximum
_
Building
Maximum
GUOS /Unit
Width
Maximum
Height
Lot
(Square
Districts
Zone}
eet
Area
Depth
Front
Side56
Rear
Density
(Feet)
Coverl-0
Feet
n/a
n/a
AG
n/a
300
2.5 ac
n/a
50
30
30
1/40 ac
50
n/a
n/a
n/a
n/a
AG -P
300
40 ac
50
30
30
1/40 ac
50
n/a
U -300
U -5 ac
n/a
n/a
n/a
RR
P -2.5
40
30
30
1/5 ac
35
P -200
ac
n/a
n/a
n/a
RL
110
20,000
180
30
15
30
35
30%
14
U - Unplatt6d-l-, C - Cord t T - Two-story
P - Platted Interioil6t S - Single story
Notes:
l. Single- and two - family
2. Multiple-family, including townhomes.
3.4; Refer to subsection 11-5-2C4a of this chapter for established front yards. Notes (coned):
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.
6.7, 30 foot minimum side or rear yard where abutting a noncommercial or nonindustrial district
(see district regulations).
15
C_
R-1
/a
C-95
12,000
125
3034
10
30
n/a
35
30%
n/a
1-80
1-
10,0003
C-
R-lA
n/a
C-95
12,000
125
30-34
T-10
25
n/a
35
30%
n/a
I-80�
I-
S-5
10,0003
n/a
R-21
n/a
100
12,000
120
3034
1030
3030
6/ac
35
01044
n/a
R-22
120
18,000
150
3034
6/ac
35
75%
R-3
n/a
150
22,500
150
30-34
30
30
12/4 1 C
35
75%
500
R-4
n/a
150
22,500
150
30,14
30
30
40-/ac-'
35
75%
500
C-1
1 aC6
150
15,000
125
30 L34
1067
100
n/a
35
75%
n/a
None
None
n/a
None"
None"—
None"
n/a
n/a
ITC-2
n/a
ff/-R
ft7Lfi
a
_/II
44ft
:145
n/a
304
log,:
100
n/a
75%
n/a
C-3
2 ac
120
1 ac
35
n/a
3034
100
109''
n/a
_____75%
n/a
C-4
1 ac
120
20,000
35
n/a
1W
100
n/a
75%
n/a
BP
1 ac
120
1 ac
�30
40
n/a
100
100
n/a,
75%
n/a
Ll
5 ac
240
3 ac
30
40
GI
10 ac
n/a
-5 ac
n/a
75
5W
5W
n/a
75
70%
n/a
n/a
n
Azi-
75&
75P
n/a
n/a
F11
25 ac
25 ac
7589
75
70%
n/a
n./2
n/a
n/a
WM
10 ac
5 ac,,
75
5078
50-78
75
50%
n
n/a
n/a
n/a
P
30
40
75%
nA
n/a
a,,
n/a
n/a
n/a
n/a
n/a
n/a
n/a
FP
U - Unplatt6d-l-, C - Cord t T - Two-story
P - Platted Interioil6t S - Single story
Notes:
l. Single- and two - family
2. Multiple-family, including townhomes.
3.4; Refer to subsection 11-5-2C4a of this chapter for established front yards. Notes (coned):
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.
6.7, 30 foot minimum side or rear yard where abutting a noncommercial or nonindustrial district
(see district regulations).
15
7.8-. Refer to subsection 11- 5 -2C2a of this chapter for buildings exceeding 35 feet in height.
8.9, Minimum 75 foot setback. See district regulations for specific setback requirements.
9.40-. See district regulations for setback increases.
1017. 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.
42. Nfi,-,�m lot width for lots in Cettfitry 14i49 ig 65 feet-.
(Ord. B-178,12-19-2006)
Section 4. Rosemount Zoning Ordinance B, Section 11 -5 -2 A. 2. is amended as
follows:
11 -5 -2: SUPPLEMENTARY REGULATIONS:
A. Building Type And Construction:
2. Commercial Districts (C -1, DTI, 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:
11 -5 -2: SUPPLEMENTARY REGULATIONS:
Dimensional Standards For Accessory Buildingas And Surface Parkin
Accessory Buildin s Maximum Surface Parkin
Building
Mmimutn Yards (Feet} Height Minimum Yards (Feet)
(Feet)
Districts Front Side ;;Rear Front Side Rear
AG =,50 30 _ 30 75 501 523 51-2
AG -P 5Q._ 30 30' 75 501 5 51.2
RR 0 _ = 30 30 35 401 52 5P
RL 30 15 15/304 18 30 5D 51a
R -1 30 10 5/304 18 30 10 10
R -1A 30 1t 5/254 18 30'-� le 101
R -2 (2F) 30-"-30 10-"—'10 5/304 10 18 18 30130 5210 512 10
3+ F)
R -3 30 10 10 18 30 10 10
R -4 50 10� 10 18 30 10 10
C -1 18 20 20 10
DTI Same as for principal buildings 18 1 None�tt-Aa I None" I Noneff7la
Ii
C -3
25
20
10
10
C -4
25
20
10
10
BP
40
2e
le
le
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
20
20
20
FP
n/a
n/a
n/a
n/a
Notes:
3. See subsections C2a and C2d of this section.
4. 120 square feet or less in R -1 and R-
district: 15 foot setback; except double
feet: 30 foot setback.
this section.
76. See district
(Ord. B- 182, -32
11 -6 -1: OFF STREET P
K. Off Street
5 foot setback; R -1A district: 5 foot setback; in RL
r corner lots. 30 foot setback. Over 120 square
B, Section 11 -6 -1 K. 3. is amended as
3. Central Business Distnct Wses constructed in the DTC-2 Ddowntown eefrxmepeial 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. Rosemount Zoning Ordinance B, Section 11 -8 -3 B. 4. is amended as
follows:
11 -8 -3: ADMINISTRATION AND ENFORCEMENT:
17
B. Permit Not Required:
4. Sidewalk Signs: Sidewalk signs in the DTC-2 Ddowntown district, subject to the
following standards:
Section 8. Rosemount Zoning Ordinance B, Section 11 -8 -4 C. 1. is amended as
follows:
11 -8 -4: GENERAL REGULATIONS:
C. Construction And Placement:
1. Except in the C-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 comer sight triangle or any easement.
Section 9. Rosemount Zoning Ordinance B, Section 11 -8 -4 H. 2, is amended as
follows:
11 -8 -4: GENERAL REGULA
H. On Premises Temporary Signs:
2. Location And I
industrial, or pub]
prohibited in the
specific standards
11 -8 -6: D
C. Signs
CT REG
1. C -1 convenience
a. Wall Signs:
d1owed in -any commercial, business park,
that portable changeable copy signs are
district. Sidewalk signs shall comply with the
11-8-3B,,4--of this chapter.
Section 11 -8 -6 C. 1. is amended as
In Commercial And BP Districts:
DTC- -2 Ddowntown as follows:
(5) In the DTC-2 Ddowntown eaminei-eia 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
18
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
h. Marquee Signs:
(1) Running and chasing lights are
DTG-2 Ddowntown eemmereift
Section 12. EFFECTIVE DATE. This
and after its passage and publication, accoi
ENACTED AND ORDAINED into an
CITY OF ROSEMO
ATTEST:
Amy Domeier, City Clerk
19
in the C -4 genera]
ce =shall be in full
aw.
is 4"
H. Droste, Mayor
commercial and
2011.
effect from
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R -1A
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C -2 C -3
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SECTION 6.10 C -2 COMMUNITY COMMERCIAL DISTRICT
A. Purpose And Intent This District correlates only with Downtown Rosemount which is
intended to serve the entire city. The downtown area is intended to be a diversified
commercial center which offers the full range of comparison goods, sales and services,
cultural and civic, entertainment, financial and offices and public uses. Because the
downtown is an area of relatively higher intensity development and consists of buildings
and uses which pre -date zoning regulations, the City is intended to play a role in the
provision of parking and related public improvements. Thus, normal yard, parking and
lot requirements do not apply within this District.
B. Uses Permitted By Right
1. Accessory Apartments.
2. Professional and Business Offices.
3. All Retail Goods and Service Establishments conducted within structures but excluding
automobile and equipment sales, services and repair establishments; truckstops; drive -
thru restaurants; gasoline and fuel sales; car washes; and commercial outdoor
recreational uses.
4. Custom Manufacturing not to exceed a gross floor area of 2,000 square feet with at
least 1/13 of said space to be used for retail sales and display purposes.
5. Outdoor Display of Merchandise for direct sale, rental or lease provided said
merchandise consists only of finished products and not disassembled merchandise parts
or junk; except that new products which are customarily sold unassembled and are
intended for consumer purchase and assembly are permitted to be displayed.
6. Video Arcades subject to the following restrictions:
a. Any arcade with fifteen (15) or more machines shall have an adult supervisor on
duty during all hours of operation.
b. No arcade shall be operated within 500 feet of a school, church or residence unless
it, is an integral part of a shopping center and does not have an entrance except
from within the shopping center.
C. Uses Permitted By PUD Commercial developments involving multiple parcels, structures
or uses shall be required to use the PUD procedure. Refer to Section 12 for PUD
requirements.
SECTION 6.11 C -3 HIGHWAY SERVICE COMMERCIAL DISTRICT
A. Purpose And Intent This is a highly specialized district which is located in high vehicular
traffic zones with high visibility. It is primarily intended to satisfy the needs of passing
motorists.
B. Uses Permitted By Right
1. Automobile Equipment Sales and Repair Shops including transmission, body, paint,
muffler, engine, glass, battery and tire sales and services.
2. Eating Establishments including truckstops and drive -ups.
3. Hotels and Motels and accessory uses.
4. Car Washes including drive -thru and conveyor types subject to the special restrictions
established for Self - Service Gasoline Stations in the C -1 District. Refer to Section 6.9
B1.
Fill
EXCERPT OF MINUTES
REGULAR PLANNING COMMISSION MEETING
OCTOBER 26, 2010
b. Downtown District Zoning Ordinance Tent 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 1456 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 h meeting by Rosemount resident, Don
Sinnwell, and provided staff's 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.