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HomeMy WebLinkAbout6.f. Text Amendment to Prohibit Trailer Parking in C-2 Zoning District, 09-1TAAGENDA ITEM: Case 09 -19 -TA Text Amendment to Prohibit Trailer Parking in C -2 Zoning District AGENDA SECTION: Consent PREPARED BY: Kim Lindquist, Community Development Director AGEND NO. W -t ATTACHMENTS: Ordinance, Excerpt from the July 28 Planning Commission Minutes APPROVED BY: Ord RECOMMENDED ACTION: Motion to approve an Ordinance Amendment to prohibit trailer parking within the C -2: Downtown Commercial Zoning District. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: August 18, 2009 EXECUTIVE SUMMARY SUMMARY There are several businesses looking at vacant retail space within the City's Downtown. One of the businesses indicated they would like to store equipment relating to their business within the designated employee and customer parking area of the site. Staff believes that trailer storage, for intermittent use by a tenant, is not desired in the Downtown, given the design and performance standards discussed for this area of the community. Staff also believes that there was no anticipation of outside storage of trailers given the permitted uses within the district. Therefore, staff is recommending an ordinance amendment that would prohibit trailer storage and overnight parking within the approved parking areas of the site. JULY 28 PLANNING COMMISSION MEETING AND PUBLIC HEARING During their July 28 meeting, the Planning Commission conducted a public hearing for the text amendment. Kurt Bills spoke during the public hearing. Councilmember Bills asked how Fluegel's would be affected by this Ordinance. Staff stated that they had spoken with Fluegel's about the proposed Ordinance and that there are only three trailers on Fluegel's site that may be affected by the proposed Ordinance. The Ordinance is written so that if Fluegel's does not park their trailer in the customer parking stalls, they would not be in violation of the Ordinance. Planning Commissioners also questioned how this Ordinance would affect other businesses, like Master Transmission or the former Genz -Ryan. Staff stated that Master Transmission is zoned C -3: Highway Commercial and therefore would not be affected by this Ordinance because the Ordinance only applies to the C -2: Downtown Commercial zoning district. Regarding the former Genz -Ryan, staff stated that general contracting businesses such as Genz -Ryan are not permitted in the C -2 zoning district and that the Development Framework for Downtown Rosemount does not anticipate these types of use within Downtown in the future. General contracting businesses are most suited within the C -3: Highway Commercial, BP: Business Park, or LI: Light Industrial zoning districts. DISCUSSION The primary uses anticipated in the Downtown are retail, office and service commercial. In general, these uses do not require outside storage of trailers or other non motorized vehicles. Recently, the City became aware of a potential tenant that wanted to store trailers within the Downtown. Staff believes storage of trailers is inconsistent with the goals of the Downtown committee and the general character of the zoning ordinance. By Ordinance, permitted uses must all occur within an enclosed building; outdoor sales and display of merchandise is an accessory use with several restrictions. Because the goals of the Downtown area are to reduce the amount of outside storage and auto related businesses, staff does not believe outside storage of trailers is a desired accessory use. Therefore, an Ordinance has been drafted that significantly restricts the storage of trailers within the C -2 zoning district. RECOMMENDATION Motion to recommend approval of the Ordinance amendment. 2 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: ENACTED AND ORDAINED into an Ordinance this day of 2009. ATi EST: AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO THE PROHIBITION OF TRAILER PARKING WITHIN THE C -2 DOWNTOWN COMMERCIAL ZONING DISTRICT Section 1. Rosemount Zoning Ordinance B, Section 11 -4 -11 G. 5. Parking: a. The outdoor overnight parking of trailers within City approved customer parking is prohibited. The term trailer shall include any vehicle that is not self propelled that requires another motorized vehicle to propel it and requires its own license from the State Department of Motor Vehicles. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Amy Domeier, City Clerk City of Rosemount Ordinance No. B- 202 CITY OF ROSEMOUNT William H. Droste, Mayor Published in the Rosemount Town Pages this day of 2009. EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING JULY 28, 2009 5.c. Text Amendment to Prohibit Trailer Parking in C -2 Zoning District (09- 19 -TA). Senior Planner Zweber reviewed the staff report. There are several businesses looking at vacant retail space within the City's Downtown. One of the businesses indicated they would like to store equipment relating to their business within the designated parking area of the site. Mr. Zweber stated that staff believes that trailer storage, for intermittent use by a tenant, is not desired in the Downtown, given the design and performance standards discussed for this area of the community. He also stated that staff believes that there was no anticipation of outside storage of trailers given the permitted uses within the district. Therefore, Mr. Zweber stated that staff is recommending an ordinance amendment that would prohibit trailer storage and overnight parking within the approved parking areas of the site. Commissioner Messner stated he feels the motion isn't clear with respect to approved parking areas and wondered if it could be changed. Mr. Zweber replied that the motion could be revised to read "recommend the City Council approve the Text Amendment to the Zoning Ordinance as provided in Ordinance B- 202." Commissioner Schwartz asked if this would include semi trailers still attached to the tractor and Mr. Zweber replied that it would. Commissioner Irving gave an example of smaller businesses that need to bring in animal feed and asked how the ordinance would apply to them. Mr. Zweber stated that the types of businesses that are allowed in the downtown districts are mainly entertainment type businesses that do not require that type of storage. The public hearing was opened at 7:17p.m. Kurt Bills, 15365 Danville Avenue, approached the Commission and asked if Fluegels is in the C -2 District and if so, how the ordinance change would affect their business. Mr. Zweber stated that Fluegels is zoned C -2 and therefore, they would fall within the definition of a non conforming use. He stated that staff met with Fluegels to discuss their business activities and Fluegels does not believe this would impact their business with the way the ordinance is written. Commissioner Irving asked how businesses like Master Transmission or a Genz Ryan type business would be affected. Mr. Zweber replied that Master Transmission is zoned C -3 so they are not included. He stated that the former Genz Ryan business was a non conforming use but as part of the Downtown Framework, that particular location is sited for redevelopment for businesses allowed in the C -2 zoning district. There were no further public comments. MOTION by Ege to close the public hearing. Second by Messner. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 7:20p.m. MOTION by Irving to recommend the City Council approve the Text Amendment to the Zoning Ordinance prohibiting overnight parking and storage of trailers in the C -2 zoning district. Second by Ege. Ayes: 5. Nays: None. Motion approved. As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting on August 18, 2009.