HomeMy WebLinkAbout6.t. Rezoning Northwest Corner of Biscayne Avenue and 145th Street WestCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: October 7, 2003
AGENDA ITEM: Rezoning Northwest corner of Biscayne Ave &
145' Street West
AGENDA SECTION:
Consent
PREPARED BY: Rick Pearson, City Planner
AGEND4TEM. 6 T
ATTACHMENTS: Draft Ordinance, Location map, Business Park
APPROVED BY:
District Excerpt, PC Summary (9- 23 -03)
Applicant & Property Owner(s): Sebion family & Community of Hope Lutheran Church
Location: Two parcels on the northwest corner of Biscayne Ave. & 145` Street
Area in Acres: 8 acres
Comp. Guide Plan Desig: Business Park
Current Zoning: BP -1, Business Park
Requested Zoning: BP -4, Business Park
Planning Commission Action: Recommendation of Approval (4 -0)
SUMMARY
The Community of Hope Lutheran Church had previously requested an amendment to the zoning ordinance to
permit churches and places of worship in the Business Park District. This application is the next step in the
process, to rezone the property from BP -1 to BP -4, Business Park. The next anticipated step will be application
for a Conditional Use Permit for the site development and construction of the church facility.
This property was originally zoned IP, Industrial Park. Implementation of the Comprehensive Plan called for
change to Business Park, and BP -1 is the zoning classification closest to IP. In fact, IP was the basis for BP -I.
PLANNING COMMISSION PUBLIC HEARING
No one other than Pastor Nilsen commented at the public hearing. Pastor Nilsen provided clarification
regarding the properties involved in the request. The total property involved consists of three parcels of 9.4
acres (including right -of -way) . A small parcel previously associated with the pipeline company behind the
corner meter station is included. The Planning Commission identified no concerns and modified the
_recommended motion accordingly.
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Community of Hope Lutheran Church
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
AS FOLLOWS:
Section 1. Ordinance B, adopted September 19, 1989, entitled "City of
Rosemount Zoning Ordinance," is hereby amended to rezone from BP -1 Business Park to
BP -4 Business Park, the following described property located with in the City of
Rosemount, Minnesota, to -wit: -
Property located in Dakota County, Minnesota, legally described as follows:
PIDS 34- 03700 - 061 -00, 34- 03700 - 026 -00, and 34- 03700 - 021 -00
Lot 2, Block 2, Auditor's Subdivision No. 1
Section 2. The Zoning Map of the City of Rosemount, referred to and described
in said Ordinance No. B as that certain map entitled "Zoning Map of the City of
Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall
appropriately mark the said zoning map on file in the Clerk's office for the purpose of
indicating the rezoning hereinabove provided for in this Ordinance and all of the notation
references and other information shown thereon are hereby incorporated by reference and
made a part of this Ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and
publication according to law.
ENACTED AND ORDAINED into an Ordinance this 7 t1i day of October, 2003.
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this day of , 2003.
PROPERTY ID NUMBER: 34- 03700 - 021 -00
FEE OWNER: ROBERT M & LYON G SEBION
1301 KASSAN DR
PRESCOTT WI 54021
PAYABLE 2003 TAXES
NET TAX:
SPECIAL ASSESSMENTS: >�
TOTAL TAX & SA:
PAYABLE 2004 ASMNT USAGE:AG
SITE MAP
2003 ESTIMATED MARKET VALUES (PAYABLE 2004) 2003 BUILDING INFORMATION (PAYABLE 2004)
LAND: a LOT SIZE NO DATA AVAILABLE
BUILDING:
TOTAL: TAW 6,280 TOTAL SO FT
0.14 TOTAL ACRES
SCHOOL DISTRICT: 196 2,529 ROAD R/W SO FT
LOCATION: SE1 /4 NE1 /4 SECTION 29- 115 -19
PAYABLE 2004 HOMESTEAD STATUS: NON HOMESTEAD
WATERSHED DISTRICT: VERMILLION RIVER
LAST QUALIFIED SALE:
DATE: AMOUNT: _
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: October 1, 2003 Parcels Updated: 9/18/2003 Aerial Photography: 2001 1990
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............ .
I
PLAT NAME: AUDITORS SUBDIVISION NO 1 N
TAX DESCRIPTION: N 75 FT OF S 158 FT OF E 83
FT OF LOT
000140 2
I
Lid
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: October 1, 2003 Parcels Updated: 9/18/2003 Aerial Photography: 2001 1990
'!
............ .
I
PLAT NAME: AUDITORS SUBDIVISION NO 1 N
TAX DESCRIPTION: N 75 FT OF S 158 FT OF E 83
FT OF LOT
000140 2
PROPERTY ID NUMBER: 34- 03700 - 026 -00
FEE OWNER: ROBERT M & LYNN G SEBION
1301 KASSAN DR
PRESCOTT WI 54021
PAYABLE 2003 TAXES
NET TAX: aso�
SPECIAL ASSESSMENTS: 600500
TOTAL TAX & SA:
PAYABLE 2004 ASMNT USAGE:AG
R'
N
? i
N�kTKt7 -��c.
� A-S
NOTE: Dimensions rounded to nearest foot
Copyright 2003, Dakota County -
�os�aoa
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.
SITE MAP
2003 ESTIMATED MARKET VALUES (PAYABLE 2004)
LAND:
LOT SIZE
BUILDING:
TOTAL:
221,482 TOTAL SO FT
5.08 TOTAL ACRES
SCHOOL DISTRICT:
196 11,551 ROAD R/W SO FT
LOCATION: SE1 /4 NE114 SECTION 29- 115 -19
PAYABLE 2004 HOMESTEAD STATUS: NON HOMESTEAD
WATERSHED DISTRICT:
VERMILLION RIVER
LAST QUALIFIED SALE:
DATE: AMOUNT:
2003 BUILDING INFORMATION (PAYABLE 2004):
NO DATA AVAILABLE
BgLFAS,- C, / I
W
T
TA A $ S y �+F' A � 1 " \ -
Fu Pj L4 /(K S"( fTuT! 0 AJA-L --
M NTr-- 41JA--)JCA
FA,C4&-rr-(
Map Date: September 11, 2003 Parcels Updated: 9/4/2003 Aerial Photography: 1990 2001
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sEECIL51
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PLAT NAME:
AUDITORS SUBDIVISION NO 1
N
TAX DESCRIPTION: PT OF LOT 2 COM INT S R/W
-
RR & E LINE S 275.30 FT TO
BEG R 90D 633.1 FT TO INT S
LINE RR L 90D 350 FT L 90D
633.1 FT TO E LINE L 90D
350 FT TO BEG
005090 2
Map Date: September 11, 2003 Parcels Updated: 9/4/2003 Aerial Photography: 1990 2001
c. Light upward is prohibited. Externally lit sib' display,
building *d aesthetic lighting must be lit from t o�f p and shine
downward. hikhting must be shielded to p;e�ent direct glare.
d. The level of lighting s ll not exceed 0.5 lumens at any residential
property line or 1.0 i lumen y non - residential property line.
e. The maximum heg or exterior li till is thirty (30) feet. The
maximum hei,g . or exterior lighting ' in 100 feet of a residential
use or distri t shall be 20 feet.
f. All n- essential lighting will be required to be to d off after
siness hours, leaving only the necessary lighting for to security.
6.15: BP BUSINESS PARK DISTRICT:
A. Purpose and Intent. This district is intended to accommodate new,
modern, high performance, limited industrial uses,
business /office /warehouse and accessory retail and service uses which are
planned as a unit and include an internal circulation system. This district
is located within the Metropolitan Urban Service Area (MUSA) and is
intended to be served by the public utility systems. Overlay zones with
locational criteria specifically enumerate permitted uses by zone which are
complimented by enhanced building and site performance standards that
will assure high quality development and provide an effective transition to
residential uses. Uses shallbe conducted completely within structures
excepted as provided for herein:
BP -1 This zone provides for planned industrial, accessory commercial, and
office uses.. This zone is adjacent to General Industrial uses, railroad
rights -of -way, or significantly separated from major or minor arterial
streets. Outdoor storage is allowed in accordance with the standards as set
forth in this Ordinance.
BP -2 This zone provides for business and professional office, limited
manufacturing and planned industrial uses. The zone is adjacent to
General Commercial uses or has proximity to major or minor
arterial streets. Outdoor storage may be permitted by Planned Unit
Development in accordance with the standards as set forth in this
ordinance.
City of Rosemount
Page 102
BP -3 This zone provides for office and planned industrial uses. This zone is a
transition area adjacent to residential uses, or separated from residential
uses by a collector or local street. No outdoor storage is allowed.
BP -4 This zone provides for a variety of less intensive business activities, such
as offices, banks and health care uses as well as medium density
residential uses. The zone is adjacent to residential uses, or contains
natural amenities or features that may provide opportunities for multiple
family or attached housing with high standards of architectural and site
design. No outdoor storage is allowed.
(Ord. B -63, 6- 14 -96)
B.
Uses Permitted by Right
BP -1 BP -2 BP -3 ' BP -4
1.
Business and Professional Offices
X X X X
2.
Manufacturing, Custom
X X
3.
Manufacturing, Limited and Accessory Uses, but
excluding lumber yards and construction material
sales as a principal use
X X
4.
Warehousing and Distribution
X X
5.
Wholesaling and Accessory Uses but,
excluding livestock and raw farm product materials
X X
6.
Small Appliance and Business Services & Repair
Shops including: electronics, office supplies &
equipment, and power products, but excluding
outdoor display
X
7.
Testing and Research & Development
X X X
8.
Business, Trade & Vocational Schools
X X X X
9.
Commercial Indoor Recreation, including:
health & fitness clubs, racquetball and tennis
courts, spas, pools, and gymnasiums
X X X X
10.
Motion Picture & Recording Production Studios and
Radio & Television Broadcasting Stations, but
excluding towers and antennas
X X X
11.
Transit Stations and Park & Ride Facilities
X X X X
12.
Financial Institutions and Banks
X X
13.
Health Care Facilities including: hospitals, clinics,
doctor's offices, diagnostic or treatment centers; but
excluding long -term or intermediate care facilities such
as nursing homes, sanitariums, or institutional uses
X X
14.
Printing and Duplicating Shops, but excluding retail
self or express service businesses as a principal use
X X X
15.
Day Care Centers, Nursery and Montessori Schools
X X
16.
General Building and Special Trade Contractor
Shops and Offices
X
17.
Commercial Bakeries
X X X
18.
Self- service Storage Facility, subject to the
requirements of the C -3 District in
Section 6.12(B.8.)
X
City of Rosemount
Page 103
(Ord. B -63, 6- 14 -96)
(Ord. B -72, 11 -5 -96)
C. Uses Permitted by Planned Unit Development (PUD): Commercial and
Industrial developments involving multiple parcels and phasing, or
multiple uses shall be required to use the PUD procedure. In the BP -4
Overlay Zone, multiple farhily and attached single family developments
shall be required to use the PUD procedure. (Ord. B -53, 4- 18 -95)
D. Accessory Uses Permitted by Right: Indoor limited retail or direct sales of
goods and products to customers may be permitted as accessory to
office/ warehouse /manufacturing /wholesale /service uses, subject to the
following standards:
1. Location
a. All sales are conducted in a clearly defined area inside the
principal building reserved exclusively for this purpose. The sales area
must be physically segregated from other principal activities in the
building.
b. The sales area shall comply with all other applicable zoning,
building and fire codes for the City of Rosemount.
2. Sales Area. The accessory use sales activity shall not occupy more than
fifteen (15 %) percent of the gross floor area of the building.
3. Access. Parking and access for the building/sales area will be from a
local or collector commercial street and shall not be accessed by a local
street adjacent to or entering a residential neighborhood.
4. Hours. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m.
E. The following site design and building standards shall apply to all uses
permitted in the BP 1 -4 Overlay Zones:
Outdoor Storage: Outdoor storage of materials, equipment or products,
-where allowed, may only be permitted in this district where it is incidental
or accessory to a principal use contained within a building. Outdoor
storage areas, where feasible, shall be located in the rear of the building
and not on a portion of the site with direct frontage upon a public street.
All outdoor storage areas accessible by vehicles or heavy equipment shall
be surfaced with asphalt or concrete to minimize dust and control erosion.
The perimeter views of all outdoor storage areas shall be completely
screened from ground level views on all sides, except at required access
points. Particular emphasis shall be placed upon maximizing full opacity
from ground level views upon adjacent or nearby streets, all existing or
potential residential uses and any other public use or areas. Such
City of Rosemount
Page 104
screening can be accomplished through one or more of the following
measures:
a. The placement of the building on the lot.
b. Through the use of a combination of berming and a variety of
landscaping. Berming should consist of slopes not exceeding a 4:1 ratio.
Plantings used to specifically screen views shall, at a minimum, consist of
a six (6) feet high evergreen species spaced on twelve to fifteen (12 -15)
feet centers. A greater minimum height may be required where more than
three (3) growing seasons are anticipated to accomplish required screening
levels. These plantings shall be augmented by other varieties of
landscaping off -set along the berm. All plantings shall be installed
according to the City of Rosemount's Landscaping Standards. Required
landscaping maintenance security for planting screening shall be for an
additional two (2) years.
c. Screening walls may only be used when the above options are
not deemed to be an effective method. They shall consist of durable
materials consistent with the color and appearance of the principal
structure. Screening walls shall be augmented by landscaping to reduce
the visual impact and massing of the structure.
2. Landscaping:
a. General: All areas of land other than that occupied by building
or hardcover shall be landscaped with sod and/or rock and/or mulch.
Other understory trees, shrubs, flowers and ground cover needed to
complete landscaping treatments in these areas, shall be included I in
addition to the minimum number of overstory trees and foundation
plantings required by the City of Rosemount's Landscaping Standards.
These areas shall include the proper installation of an underground
irrigation system. Portions of the site may be exempt from these
requirements where future development or planned expansion is
anticipated, or where other unique. conditions exist, such as large open
space area, which make it impractical to landscape in accordance with
these standards. In all such instances, these areas shall be:
(1) Graded and seeded or planted with prairie grass in accordance
with the City of Rosemount Grading Requirements.
(2) Remain as undisturbed natural areas containing existing viable
natural vegetation that can be maintained free of foreign and
noxious plant material and will not produce soil erosion due to
potential increases in storm water runoff.
3. Parking Lots: Parking lots containing parking for ten (10) or more
spaces are required to be landscaped in the amount of five (5 %) percent of
City of Rosemount
Page 105
the parking lot surface area interior to the parking lot perimeter. The
landscaped area shall be in the form of islands or indentations at the
perimeter. Landscape islands shall be a minimum width of eight and one-
half (8.5') feet and contain a minimum surface area of one hundred forty-
five (145 sq. ft.) square feet. All parking lots shall be screened from
public right -of -way in order to minimize the impacts of large expanses of
paved surfaces. Screening should be accomplished by the use of a
combination of berming and landscaping. The surface of all parking lots
and paved circulation lanes shall be defined at all edges by curb and gutter
with a design as required by City Standards.
4. Set Backs: The following increased minimum yard set backs shall
apply:
PARKING &
CIRCULATION STRUCTURE
ADJACENT USE SETBACK SET BACK
Principal Arterial ROW ................... 40
Minor Arterial ROW ........................35
CollectorROW .... .............................30 ............... .............................40
Railroad, Primary .............................10 ............... .............................30
Electrical Transmission or
Pipeline ROW /Easements
5. Accessory Structures: All accessory structures shall include exterior
building materials of the same type, quality and appearance as that of the
principal structure. The height of the accessory structure shall not exceed
that of the principal structure.
6. Trash Handling: All trash, recycling and related handling equipment
shall be stored within the principal structure or within an attached or
detaclied accessory structure. Where an accessory structure is used it shall
provide for walls on three sides at a minimum height, of seven (7') feet;
and include exterior building materials of the same type, quality and
appearance as that of the principal structure. A gate or door shall be
provided on the fourth side of durable material which is compatible in
color with the principal structure.
7. Signage: Only wall and freestanding ground monument signs shall be
permitted in the district in accordance with the City of Rosemount's Sign
Regulations and these additional standards as follows:
City of Rosemount
Page 106
a. Freestanding Ground Monument Signs: A freestanding ground
monument sign shall be designed with a base structure of the same
exterior decorative materials as the principal structure on the site; and
which extends from the sign copy area fully to the ground, except for
architectural relief treatments. All freestanding ground monument signs,
if illuminated, shall be only indirect with the light source fully diffused.
These signs shall be appropriately landscaped and subject to the same
requirements for all landscaping on the property.
b. Wall signs: Wall signs shall consist of permanent high quality
materials with finished edges. No wood signs shall be permitted. Where
more than one (1) wall sign is requested per building frontage (i.e., a
multi- tenant center), a uniform sign criteria shall be prescribed by the
building owner, subject to review and approval by the City. The sign
criteria shall, among other things, describe the uniform type of sign to be
allowed, limitations of placement on the building, the method of fastening,
and the procedure for tenant sign approval.
8. Lighting: All exterior lighting shall be designed and arranged to direct
illumination away from adjacent or nearby residential uses and districts.
No exterior lighting shall be arranged and designed to create direct
viewing angles of the illumination source by adjacent properties,
pedestrians or vehicular traffic in the public right -of -way. Designs for all
lighting, including but not limited to, building "wallpack" fixtures, shall
incorporate lenses, deflectors, shields, louvers and /or prismatic control
devices to eliminate any direct viewing angles. Site lighting shall be
designed so as to limit the illumination intensity created by all fixtures to a
level not exceeding 0.5 lumens at the property line. A site lighting plan
may be required to insure compliance with these standards and shall be
prepared where one or more freestanding lighting fixtures exceeding thirty
(30') feet in height are planned for the site..
9. Rooftop Utilities: The ground level view of all rooftop equipment,
including but not limited to rooftop structures related to elevators and
other mechanical utilities, shall be screened from public right -of -way and
adjacent or nearby residential uses and districts. Screening should be
accomplished by incorporating architectural building design features such
as a parapet wall or sloping roof structures. Wood fencing shall not be
permitted. If due to factors unique to the property or the project, it is
physically impossible or impractical to screen these utilities, the City's
City of Rosemount
Page 107
Planning Commission may approve alternative solutions that renders them
aesthetically compatible with the building.
10. Underground Electrical Services: No building or structure located in
the district shall be served other than by underground electric, telephone
and cable distribution facilities. Poles, wires or other above - ground
distribution facilities may only be temporarily installed during site
construction or repair of the underground system. No changes in the grade
or contours of land above or adjacent to these facilities, once installed,
shall be made without the approved written consent of the City Engineer
and the utility company providing such services. (Ord. B -53, 4- 18 -95)
6.16: IG GENERAL INDUSTRIAL DISTRICT:
A. Purpos and Intent: The General Industrial Dis�Tict is intended to be
exclusive) for heavier industries which requir / large sites and outdoor
storage.
B. Uses Permitted by ght:
1. Asphalt, cement and ncrete prod tion.
2. Manufacturing, warehou 'ng wholesaling, distribution, processing,
packaging, assembly, compoun ng and accessory uses.
3. Motor freight terminals.
4. Refinery and storage9f crude oil, refine il, alcohol and other liquids and
including fertilizer sto age.
5. Related and support office and commercial uses p ovided they are located
within the same tructure as the principal use.
6. Mineral e traction. Subject to requirements of Section 1 8.
7. Recyc ng operations. Subject to requirements of - t2.
8. Ad It uses as defined and regulated in Rosemount City Zoning Or 'fiance
City of Rosemount
Page 108
I
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
Plamiing Commission Meeting Date: September 23, 2003
AGENDA ITEM: Rezoning Northwest corner of Biscayne Ave &
145 "' Street West
AGENDA SECTION:
Public Hearing
PREPARED BY: Rick Pearson, City Planner
AGENDA NO.
ATTACHMENTS: Location map, Business Park District Excerpt
APPROVED BY:
Applicant & Property Owner(s): Sebion & Community of Hope Lutheran Church
Location: Two parcels on the northwest corner of Biscayne Ave. & 145 Street
Area in Acres: 8 acres
Comp. Guide Plan Desig: Business Park
Current Zoning: BP -1, Business Park
Requested Zoning: BP -4, Business Park
SUMMARY
The Community of Hope Lutheran Church had previously requested an amendment to the zoning ordinance to
permit churches and places of worship in the Business Park District. Thus, enabling them to construct a church
on the above - mentioned property. The City Council has adopted the amendment making churches a
conditional use in the BP -4, Business Park overlay district. This application is the next step in the process, to
rezone the property from BP -1 to BP -4, Business Park.
This property was originally zoned IP, Industrial Park. Implementation of the Comprehensive Plan called for
change to Business Park, and BP -1 is the zoning classification closest to IP. Iii fact, IP was the basis for BP -1.
In reviewing the rezoning request, the first step is to ensure the requested zoning is in conformance with the
Comprehensive Plan. Given the generic land use designation of Business Park, the rezoning is consistent with
the Comp Plan. The second step is to examine the purpose and intent of the BP -4 district:
BP -4 This zone provides for a variety of less intensive business activities, such as offices, banks and health
care uses as well as medium density residential uses. The zone is adjacent to residential uses, or
contains natural amenities or features that may provide opportunities for multiple family or attached
housing with high standards of architectural and site design. No outdoor storage is allowed.
The surrounding land uses are:
West North South East
Peoples Natural Gas Vic's Welding Rosewood Village Townhouses Bloomfield/ Kane
While obviously, Rosewood Village and Bloomfield are separated by 145 Street and Biscayne Ave.,
respectively, the Sebion property is clearly a transitional area.
RECOMMENDED ACTION:
Motion the recommend that the City Council rezone eight acres at the northwest corner of 145 "' Street and
Biscayne Ave. to BP -4, Business Park.
PLANNING COMMISSION ACTION: