HomeMy WebLinkAbout8.a. Zoning Text Amendment to BP-4 Business Park DistrictCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
ivy .... .
City Cound M ._ 'Bate: §optember I6, 2003
Applicant &. Property Owner(s): Sebion Family Member (owners), Community of Hope Lutheran Church
Nature of Request: Amend the Business Park Zoning standards to allow churches.
Planning Commission Action:; - Recommendation of approval (4-q).
REQUEST -
Pastor Per Nilsen of the Communi of Hope Lutheran Church (CHLC) is interested in developing the 8 -acre
site on the newest comer of 145 Street And Biscayne Ave, for a church. The property is zoned BP -1,
Business Park which does not have a provision for churches. Therefore the options are:
I , Amend the Comprehensive Plan and Rezone to Public & Institutional, which is the appropriate
zoning for churches:
2. Amen the Comprehensive Plan and Rezone to R -1 Low Density Residential, then apply for a
conditional use permit.
3. Amend the Business Park zoning district to allow churches.
4. Find another site with either P/I or R- I (appropriate) zoning.
-The CWX prefers the zoning amendment option #3, beca use their strategy is to construct a building that would
easily e- A to Business Park uses for resale. This would follow the example of River Valley Church in Apple
Valley thOutilizes an office waarehouse- showroom type of building north of CSAH 42 near Pilot Knob Road.
PLATqNWG HEARING
'ThePlann Con aission conducted the public hearing as required. No one commented, other than Paster
Nike. er also members of the church present. The Commissioners seemed satisfied that the
strategyO,limiting churches to the BP- 4'district would provide -the City with sufficient zoning discretion. The
attached.Planning Commission Executive Summary provides additional detail regarding the zoning discussion.
If thetouneil concurs with the zoning amendment strategy, then the next steps for the establishment of a church
on the site will be
I. Petition for the rezoning of the Sebion proPerty from BP -I to BP4.
2. Apply for a conditional use permit to address the site plan issues prior to application for a building
permit.
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B
REGARDING BUSINESS PARK DISTRICT
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
AS FOLLOWS:
SECTION I. Section 6.15 BP Business Park District: D. Conditional Uses:
of Ordinance B — City of Rosemount Zoning Ordinance is amended as follows:
6.15.D. Conditional Uses:
1. Churches and Places of Worship regardless of religious affiliation. Churches
and Places of Worship must have direct access to or be within three hundred
(300') feet of a collector, minor arterial, or principal arterial street.
Current 6.15.D would become E and so on.
SECTION II. This ordinance shall be effective immediately upon its passage
and publication according to law.
ENACTED AND ORDAINED into an Ordinance this 16"' day of September,
2003 and upon publication in the Rosemount Town Pages.
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this day of , 2003.
PLANNING COMMISSION MEETING MINUTES
AUGUST 26, 2003
PAGE 5.
pre inary plat for the plan he Commission likes best. Mr. McMenomy did state that there are
two flat and two to -out lots. There are no walkout lots. The Commissioners agreed that
the plan shows ag lot as Lot 3 because there would be less impacts to the neighbors.
M OTI . by Weisense continue the public hearing until September 9, 2003. Second by
a er. Ayes: Weisensel, suer, Zum, Napper. Nays: 0. Motion carried.
Public Hearing: Community of Hope Lutheran Church Zoning Text Amendment
The Church is looking into developing the 8 -acre site on the northwest corner of 145 Street and
Biscayne Avenue. The property is zoned BP -1 which does not allow churches. The Church
would like to amend the zoning ordinance to allow churches. They would like to construct a
building that could easily convert to Business Park uses for resale. While this proposal could
raise the concern of opened up the Business Park district to tax - exempt institutional uses, the
overlay districts offer a solution to minimize the exposure of these types of uses. The BP -4
district is usually on the outer edge of the Business Park and is a transitional area. Multiple
family housing is a permitted use via the PUD process. Churches could be added as a
conditional use under the BP -4 district. This district has become a medium residential district.
Under the R -2 and R -3 residential districts, churches and places of worship are conditional uses.
Therefore, Staff recommends approval of the zoning text amendment to allow churches and
places of worship as a conditional use in the BP -4 district. This is the first step to allow the
church in the BP -4 district, then there would be an application to rezone the land from BP -1 to
BP -4, and finally they would apply for a conditional use permit that would deal with the
development and site issues.
Per Nilsen, Pastor of Community of Hope Lutheran Church, asked for clarification on the future
rezoning and if the rezoning and conditional use permit fall under the same timeline to expedite
the process. Mr. Pearson stated the rezoning would not need approval from the Met Council and
that the rezoning and CUP could run concurrently but the rezoning would have to happen first.
Chairperson Weisensel opened the public hearing. There were no comments.
MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Messner, Zum,
Napper, Weisensel. Nays: 0. Motion carried.
MOTION by Messner to recommend that the City Council amend the BP -4 Zoning District to
include churches and places of worship as a conditional use. Second by Zum. Ayes: Zum,
Napper, Weisensel, Messner. Nays: 0. Motion carried.
Mr. Pearson stated this will go to City Council on September 16, 2003.
0 d -- - None.
New Busi ss: None.
D . ctor's Report: None.
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:
SPECIAL ASSESSMENTS: �11�1�I1
TOTAL TAX & SA: -ompl11
PAYABLE 2004 ASMNT USAGE:AG
SITE MAP
2003 ESTIMATED MARKET VALUES (PAYABLE 2004)
LAND:
LOT SIZE
BUILDING:
TOTAL: OMPPM
221,482 TOTAL SQ FT
5.08 TOTAL ACRES
SCHOOL DISTRICT:
196 11,551 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:
2003 BUILDING INFORMATION (PAYABLE 2004):
NO DATA AVAILABLE
ZONING: ROSEMOUNT Zone IP: Industrial Park
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: August 13, 2003 Parcels Updated: 8/7/2003 Aerial Photography: 1990 2001
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 90 633.1 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
Light directed upward is prohibited. Externalhl l signs, display,
bu, i , lding and aesthetic lighting must be lit om the top and shine
dow ard. Lighting must be shielde o prevent direct glare.
d. The level of hg4ting shall n exceed 0.5 lumens at any residential
property line or l.."m at any non - residential property line.
e. The maximum h ' ht for exi�rior lighting is thirty (30) feet. The
maximum he' t for exterior lighhng,within 100 feet of a residential
use or dis ct shall be 20 feet.
£ All lion- essential lighting will be required to be turned off after
/business hours, leaving only the necessary lighting for site 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 shall be 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
J
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 BPV
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 family 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 (1.5 %) 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:
1. 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 fill 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 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 SET BACK SET BACK
Principal Arterial ROW ....................40
Minor Arterial ROW ........................35 ... ` ........ .............................60
CollectorROW .... .............................30 ............... .............................40
Railroad, Primary .............................10 ............... .............................30
Electrical Transmission or
Pipeline ROW /Easements
5. Accessory Strictures: 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 stricture.
6. Trash Handling: All trash, recycling and related handling equipment
shall be stored within the principal structure or within an attached or
detached accessory stricture. 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 ofRosemount'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 fiilly 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: IG GENERAL INDUSTRIAL DISTRICT:
A. rpose and Intent: The General Industrial District is i ended to be
exc s i es ively for heavier industries which require large s and outdoor
B. Uses Permi *d by Right:
1. Asphalt, cement \ and concrete productio
2. Manufacturing, w ehousing, wl} lesaling, distribution, processing,
packaging, assembly, co oundin� and accessory uses.
3. Motor freight terminals.
4. Refinery and storage o prude oil, refined oil, alcohol and other liquids and
including fertilizer storage.
5. Related and su 'port office and commercial us provided they are located
within the san s as the principal use. \\
6. Minerayextraction. Subject to requirements of Sectio'N4.8.
7. R$sz�ycling operations. Subject to requirements of t2'
Adult uses as defined and regulated in Rosemount City Zoning
City of Rosemount
Page 108
Date: 8/4/03
DEVELOPMENT PLAN FOR
COMMUNITY OF HOPE LUTHERAN CHURCH
Community of Hope Lutheran Church is a new and rapidly growing church serving the City of
Rosemount and the surrounding area. February 2 2002 constituted our first worship service.
Since then our worshipping population has grown to 350 /week with a projection of 500 /week by
fall 2003. We currently lease space at Rosemount Middle School and Central Park for worship
services as well as storefront space in downtown Rosemount for administrative offices. But, due
to our rapid rate of our membership growth we will soon fill the spaces we are leasing. This
makes it necessary to find a larger, more permanent location.
After exhausting different leasing options, building our own facility has been identified as the
best alternative to accommodate our growth and serve the community. Subsequently, we have
entered into a purchase agreement for 9.4 acres of land (see map) on the Northwest Corner of
145 Avenue and Biscayne Avenue in Rosemount. However, based on our projected
membership growth and similar experiences by other local Lutheran churches, Community of
Hope anticipates outgrowing the maximum facility we could build on that site within 20 years.
This would eventually require either an adjacent land acquisition and building expansion, or
relocation to a larger, more permanent site. Because the site motivating this proposal is
relatively small the latter of these two possibilities is anticipated to be the best option and
necessary choice. Therefore, the space we build must be able to accommodate a future non -
church use.
Community of Hope proposes to build an "office /warehouse /showroom" type structure that
would be planned to function as an institutional space (church) initially and ultimately as
commercial property (see attached photos of River Valley Church). Both uses would serve as a
buffer between the nearby residential property and the Railroad tracks /welding shop. Our close
proximity to a large number of homes would also encourage a sense of neighborhood and
encourage people to walk to church rather than drive their cars. Parking availability could help
ease major City events like Leprechaun Days. We believe that building on this site would be of
great benefit to our congregation, the nearby neighborhoods and the City of Rosemount.
It is also notable that BP1 -4 zoning presently allows for "Business, Trade and Vocational
School" development. Public and Institutional Zoning (a permitted church use zoning) allows for
the same as represented by Dakota County Vo. Tech. At least in that situation there seems to be a
natural bridge between BP and Public /Institutional Zoning.
Finally, it is clear from the most recent 2020 Land Use Map that the property being discussed has
been considered for alternative uses as represented by the " *" designation for Planned/Potential
Attached/Multiple Housing.
r
Thank you for considering this matter. Plea�e contact me with any questions.
Pastor Per Nilsen
Community of Hope
651.322.5679
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