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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. 2 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 3 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. 4 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 5 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. 0 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. 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 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. 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 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: 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 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 -, 7 - : . 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. 0 OWN 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. 10 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 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 m storm water runoff. Section 2. Rosemount Zoning Ordinance B, Section 11 -4 -12 is amended as follows: 12 ... - - . - - - - 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 • � _r ti r: �- pi's � ` r aa�i W R -1A r .* C -2 C -3 `lit �I � J y v_ �a h 0; _ :�` R- t IL C -3 ON4 rp , Jill •^ y j�,i i , ku �7�1 a �] _lk ry 7 KID., * ri w t to t� e 0 -3 U .� is t• �' ^'�: t rAl �` .:� 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.