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HomeMy WebLinkAbout6.p. Amendments to Ordinance B Supplementary RegulationsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING: 06/03/2003 AGENDA: Amendments to Ordinance B Supplementary Regulations AGENDA SECTION: Consent PREPARED BY: Charlie O'Brien, Code Enforcement Official A ATTACHMENTS: Draft Zoning Ordinance Amendments APPROVED BY: While reviewing the zoning ordinances regarding complaints related to the placement and storage of recreational equipment (such as portable basketball backstops, ramps for skateboards, etc) in cul de sacs, streets and right of ways staff noted some incongruities in several sections of the supplementary regulations. Ordinances regarding the placement and storage of recreational equipment, placement of satellite dish antennas, and some administrative policies regarding driveways seem to be outdated, cause conflict with other regulations, or are not supported in ordinance. Current zoning ordinance prohibits the placement of recreational equipment in the front yard area of property. Any basketball backstop attached to a garage over the driveway or skateboard ramp in a driveway past the front line of the residence would be a violation. It would seem reasonable to allow the use of basketball backstops, ramps, and similar portable equipment in the front yard and driveway areas of residential property while still maintaining reasonable controls on larger items such as swimming pools, sport courts and trampolines Current ordinance prohibits the placement of any satellite dish antenna in the front yard area of a residence. Including the small Dish Network type of antenna currently in widespread use. The FCC established rule 47 _ CFR in 1996, which preempts local zoning ordinance controls on antennas one meter (39.7) or less other than for a "real' interest of safety. Zoning Ordinance does not articulate the maximum or minimum widths for residential or commercial driveways, or setbacks related to comer lots that are currently city policy. Language to establish these policies as a requirement of ordinance is included. Staff researched these language changes and considered community input to provide reasonable control without being overly restrictive. Planning Commission: A public hearing regarding the proposed amendments was held before the Planning Commission on 05/27/03. No public comment was offered during the public hearing. Suggested changes from the Planning Commission and City Attorney have been incorporated. Recommended Action: Motion to adopt an ordinance amending ordinance B the Rosemount Zoning Ordinance Supplementary Regulations. Council Action: CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS: SECTION 1. Section 7.2.C.f. Supplementary Regulations of Ordinance B — City of Rosemount Zoning Ordinance, adopted September 19, 1989 is hereby amended by the insertion of the following text. Exception: Recreational equipment such as; basketball backstops, hockey nets, skateboard and bicycle ramps (less than 36 inches in overall height), and other small recreational play equipment associated with residential use may be used and stored in the driveway area of a residence. No recreational play equipment may be stored, or installed in the right of way, any easement, public or private street, cul de sac, alley, path or sidewalk. Larger recreational equipment such as swimming pools, trampolines, or sport courts are not exempted. SECTION 2. Section 7.2.C.g Supplementary Regulations of Ordinance B — City of Rosemount Zoning Ordinance, Adopted September 19, 1989 is hereby amended by insertion of the following text. Exception: Satellite dish antennas less than one meter (39.7 ") in diameter are exempted from this requirement. SECTION 3. Section 7.2.C.6. Supplementary Regulations of Ordinance B — City of Rosemount Zoning Ordinance, Adopted September 19, 1989 is hereby amended by insertion of the following text. 7.2:C, 6. d. Driveways: special regulations. In commercial, business park, industrial, multi - family residential and single - family developments, site plans or plats, no driveway from private property serving a commercial, business park, industrial, multi - family residential or single - family attached residential use entering a public or private street shall be less than 24 feet nor more than 36 feet in width (not including medians). One -way driveways shall be no less than 12 feet wide. Ordinance B — Single family- detached Residential driveways are subject to the following requirements when connecting to and within the street right -of -way: 1. Maximum Width. They shall not exceed 22 feet in width within the right of way (curb cut radii excluded). - 2. Encroachment. Curb cut radii shall not encroach upon the boulevard of abutting properties. 3. Number of curb cuts. Only one curb cut shall be permitted from a street, provided: i. The required driveway setback shall be five feet (5') for interior lots, and sixty feet (60') from the street side yard property line on comer lots; ii. The proposed curb cut is in compliance with section 8.1:G 1; iii. All district setback regulations for surface parking and impervious surface limitations are met. SECTION 4. Section 3.2, Definition of "Impervious Surface" Ordinance B City of Rosemount Zoning Ordinance, adopted September 19, 1989, and amended June 2, 1998 is hereby amended to read as follows. 3.2 DEFINITIONS: For the purpose of this Ordinance, certain words contained herein shall be defined as follows: IMPERVIOUS A surface that allows very little or no penetration SURFACE: of water or moisture into the soil or ground. Examples include concrete, asphalt, and various compacted materials including aggregate, limestone and recycled bituminous. Buildings, rooftops, patios, driveways and any other structure shall be included for the purpose of calculating maximum lot coverage. Exception: Decks will not be considered when calculating lot coverage percentage. Ordinance B- Section 5: This ordinance will become effective from and after its date of publication. Adopted this 3 rd day of June, 2003. William H. Droste. Mayor ATTEST: Linda Jentink, City Clerk Published this day of 2003 in the Rosemount Town Pages. s The Rosemount Town Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.07 d other a lica_ble l - aw e s as amended. (13) The Drinted 0 �� kit, 1 CL> " which is attached, was cut from the column o s idowspaper, and was printed and published once each week for 15 �� successive ks; it w s first published on Friday, the day of 2003 and was thereafte. I e i �n_d published on every Frid to a in luding Friday, the__._. —. �_�_._ ____— _._ day of 2003; and printed below is a copy of the lower case alp bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: PUBLIC NOTICE CIT'S Of ROSEMOUNT. w „ DAKOTA COUNTY, MINNESOTA NOTICE OF PUBLIC DRAINAGEAND.UTILITY EASEMENT To WHOM 1T MAY CONCERN: NOTICE IS HEREBY.Cl1VEN, that the.city Council of the City of Rosemount will conduct a public hearing on Tuesday, June 3, 2003 in the Council Chambers of the Rosemount City Hall, 2875 145th Street West, beginning at 7:30 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider -a public drainage and -utility easement - vacation affecting.the following legally described property; - �r �tv Lot 1, Block i Glendalough 2nd Addtponasaetoded.fri the City Rosemount;;Dakota County, Minnesota. Such *son(') as desiie�to be heard with reference to the above item will be heard at this meeting. Dated this2l st day of May, 2003 ­- -' ' Linda Jentink, City Clerk City of Rosemount.,.. _ Dakota Courty,, Minnesota Auxiliary : aids and services are,available - please contact the no later than May28,2003 to make a request. E3 rhplbs of auxiliary aids or service's may'include: sign language inter- preter, ass stive listening kit, accessible meeting location,. braille, etc. 05123 & 05/30 AFFIDAVIT DAWN M SMITH 0- NOTARY PUBLICirMINNE3o A My Commission Exp U The Rosemount Town Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.07 d ther ap licabl laws as amended. (B The printed � �� -0 b CN which is attached, was cut from the column of said wspaper, and was printed and published once each week for successive ks; it w s first published on Friday, the __S_ —_ - ___ -___ day of 2003 and was thereafte_ I e nd published on every Frid to a in luding Friday, the --__ � - - __-_.-_ day of -- , 2003; and printed below is a copy of the lower case alp bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkhnnopgrstuvwxyz By: Subscribed and sworn to before me on this day of , ; ��l U, Notary Public AFFIDAVIT 9 993 " ° ' KS+ MITH MI PUBLIC NOTICE CITY OFROSEMOUNT DAKOTA COUNTY , MINNESOTA - NOTICE OF PUBLIC DRAINAGE AND.UTDdTY EASEMENT VACATION TO WHOM IT MAY CONCERN:.:. NOTICE IS HEREBY.9WEN, that the city Council of the City of Rosemount will conduct a public hearing. on Tuesday, Jane 3, 2003 in the Council Chambers of the Rosemount City Hall, 2875 145th Street West, beginning at 7:30 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider -a public drainage and utility easement vacation affectingtbe following - legally described property- c - Lot 1, Block 1 Glendalough 2nd Addtno as,reeotdedtii the` City of Rosemount, Dakota County,_ Minnesota If . Such person(s) as desire to be beard with re ference to the above item will be heard at this meeting. Dated this 21st day of May, 2003. Linda Jenbnk City Clerk - City of Rosemount Dakota County,. Minnesota Auxiliary aids and services are available Please: contact the City Cle& 'at (612)322-201j3,`,�or TDD No. (612)423 -A219,, no later than May28 2003 to make request. 'Examples of _ auxiliary aids or.sern&o may include: sign language inter- preter; assistive listentug kit, accessiblemeeting braille, etc. 05/23 & 05/30 ,. -i CITY OF ROSEMOUNT' PUBLIC NOTICE CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651 -423 -4411 Hearing Impaired 651 - 423 -6219 Fax: 651- 423 -5203 NOTICE OF PUBLIC DRAINAGE AND UTILITY EASEMENT VACATION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing on Tuesday, June 3, 2003 in the Council Chambers of the Rosemount City Hall, 2875 145 Street West, beginning at 7:30 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider a public drainage and utility easement vacation affecting the following legally described property: Lot 1, Block 1 Glendalough 2 nd Addition as recorded in the City of Rosemount, Dakota County, Minnesota. Such person(s) as desire to be heard with reference to the above item will be heard at this meeting. Dated this 21 day of May, 2003. Linda Jentink, 'ty Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at (612)322 -2003, or TDD No. (612)423 -6219, no later than May28, 2003 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, braille, etc. MAILING NOTIFICATION SITE MAP PID: 34- 25141 - 010 -01, 350 ft buffer NOTE: Dimensions rounded to nearest foot. Copyright 2003, Dakota County - This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department. Map Date: May 20, 2003 Parcels Updated: 5/15/2003 Aerial Photography CONTRACTOR PROPERTY DEVELOPERS CO LUNDGREN BROS CONSTRUCTION INC 'f 100 NORTHLAND CIR STE 108 935 E WAYZATA BLVD BROOKLYN PARK MN 55428 WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD WAYZATA MN 55391 LUNDGREN BROS CONSTRUCTION INC LUNDGREN BROS CONSTRUCTION INC LUNDGREN BROS CONSTRUCTION INC 935 E WAYZATA BLVD 935 E WAYZATA BLVD 935 E WAYZATA BLVD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391