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HomeMy WebLinkAbout7.c. Zoning Ordinance Text Amendment: Increased Setbacks Along Major Streets, Highways, and Railroads o� °Sem�U�t Clty R a��oC p,ct�ot� u� EXe��tive S ,995 Age�da Se�tio�SS 5 m er j,D BUS e�e G � dment'. O • ate' �a�ot Stteets� . Council Meet'n D �e Z ext � �n� o• 1T � C� Zo��g�t getbacks �aag Age�aa� . � aa Iten►� �cteaSed a R�° t�� Age° � wa s,a`'n ��k peats 1a�et ' APp�O�ed By• f�r���'"' B � ist�'t p �Pla�ng / YreP�'�ed y �S eTe��endme�t' sian• D��ptd�n�'c dy� �ayot for T,noje d'Scus �,ach�►ents: Comm'ss'°�'S� of tbe �a,S�dy and A e�aa at reAuest d the �of additio re�ous�y axl la�ea°n the a� bet in a�ticipatio assemb aaopti�on of tihe ament�as been P ��geptem dy b�bee�ton for cauSe°� en re�iously guch a S� �o�nenda „ ua�1�1 be terlirie f or a Z�iis a�' been tabled p kota Coun�1� o f their re a�d orange. A uSe the�en e,,�ont en ent haa et 'nDa sion S�ppo�ve apple le' e�itie ay eU aa�� s dm cities in an som �s w way T�mPa S°��t e P�ng C e�mp�son a�a�c S. F°half o phe�g o�rna 9 streets an d�s�uSse erit�tThere a ln va oUs Z°�g tback icel�erliz�e���e�ts 1v�eT Standards amend� apprOa�hes ce poin�and �dths�'d e approach' change for �th the C1�1 d1�eci g as a referen ht_of v'lay of-waY lva teria���eX riegotitations a �g �ghtr Setback�n k for w y iri lciigr„ variat��he Setback fr°m fo��a�ations tO ��ben��� t t' `1 a e resultea ss a�°wS thenbe�Omes a n felt theas ssio ,�g h he ytJD prO��he��a�a�ce the p�ax��g C t,b�ba� � p�s�`uays't a creativi�1� d 5tandards� other cities, oSernou"t� of deSl oan.�aith e�an�e �lasger t�'�e�uta1 chara�te� °f R St��g e of the Setba�a�ta�Some�f th �vle s°�' nit�1 t° was°ne�pp�� the Cl�� gose the C'� �ads. mend�ng ra�° � t an�rdin o lector Streets a�a N to ad p, hways, o� p'1��TIokS alo�g�g ecomme�a a Ce to i�c�e�e$etb go�ci� g Orclln Z „ �' Act►p4' Cout►ci1 _ ' City of Rosemotint � Ordinance No. B-55 DRA�T ; � AN�RDINANCE E�MENDING�RDINANCE B 9�'_Q!, ' CITY OF ROSEMOUNf ZONING ORDINANCE � � REGARDING SUPPLEMENTARY YARD REGULATIONS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT�MINNESOTA ORDAINS AS FOLLOWS: SECTION I. SectiOn 7.2 SUPPLEMENTARY REGULATIONS: C. �u�lementary Yard Regulations of Ordinance B - City of Rosemount Zoning Ordinance is amended to include as follows: 6. Scope: The following supplementary yard rewlations shall only apply to lots platted or developments granted preliminary plat approval after adoption of this ordinance. a. Principal structures shall be set back a minimum of thirty (30) feet from any easement boundary on a lot or a parcel of land that abuts or is traversed by an easement intended for or containing high power electrical transmission. b. Where a yard has been required to provide for a buffer yard, earthen berm or planting strip for the purpose of screening views and reducing noise levels in residential areas, principal and accessory building setbacks will be increased sufficiently or as necessary so that the building area shall be outside the buffer yard, earthen berm, or planting strip. c. The following table defines dimension standards that shalt apply when property is adjacent to railroad, collector street, minor arterial, principal arterial rights-of-way; and easements for high voltage transmission lines (HVTL): MilliIIlu�rl LOt Siz@ (feet) Minimum Yards � ' cipal Bldg ccessory Bldgs arl�ng/Driveways� DISTRICT I WIDTH*I ARF.A* I DEPTH�` SIDE&REAR SIDE&RF.AK* SIDE&REAR ' � , .. � ; . � AG,AG-P,&RR .. , I Collector Street Right-of-Way N/A 2.5 acres N/A 50 50 25 � i Minor Arteriat Right-of-Way/ N/A 2.5 acres N/A 60 60 35 I Railroad Right-of-WaylHVTL ( Princi at Arterial Ri ht-of-Wa N/A 2.5 acres N/A 70 70 45 I x-1 st R z Cs� . , Collector Street Right-of-Way 1W N/A 145 50 35/50 30 � Minor Arterial Right-of-Way/ 110 N/A 155 60 45/60 40 Railroad Right-of-WayIHVTL Princi al Arterial Ri ht-of-Wa 120 � N/A � 165 70 55/70 50 R-2 (3+� Collector Street Right-of-Way 140 N/A 170 50 30 30 � Minor Arterial Right-of-Way/ I50 N/A 180 60 40 40 i Railmad Right-of-Way/HVTL Principal Arterial Right-of-Way 160 N/A 190 70 50 50 � R-3&R-4 _: >: ; . . < : � Coltector Street Right-of-Way I 170 I N/A I 170 50 30 30 � Minor Arteriai Right-of-Way/ 180 N/A 180 60 40 40 Railroad Right-of-Way/HVTL Princi al Arterial Ri ht-of-Wa 190 � N!A 190 70 50 50 C-1,�*C-3&C-4 Cotlector Street Right-of-Way 140 N/A I N!A 30 N!A 30 Minor Arteriai Right-of-Way/ I I50 N/A N/A 40 N!A 40 ! Railroad Right-of-Way/HVTL � Principal Arterial Right-of-Way 160 I N/A I N/A 50 N/A 50 i * N/A does not tupplant p�eviously specifud dimensions in Section�1 " Bufferyards or iacreases in yard area ia GI Drstrict shall be in addition to maximum�one area specified in Section 1.1 ; SEC���o1v II. This ordinance shali be effective immediately upon its passage and publication '� according to law. Formally acted uport by the Council of the City of Rosemount this day of , 1995. This Ordinance is effective from and after its publication date. CITY OF ROSEMOUNT E.B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this day of , 1995. ora,�s-ss Page� i�� o osevnoun� PHONE (612)423-4411 2875• 145th Street West,Rosemount,Minnewta MAYOR FAX (612)a23520.'! Mading Address: Edward 8.McMenomy . P.O.Box StO.Fiosemount.Minnesota 5506&OStO COUNCILMEMBERS Sha�ls Klassen TO: Planning Commi.ccion �em�caea►s��u Marry Wilkox FROM: Richard Pearson, Assistant Planner o�,�;,W;p��,�,� DATE: June 18� 199J ADMINISTRATOfi SUBJ: June 22, 1993 Regular Meeting Reviews: Agenda Item 5 s`e°"�,�''k Proposed Zoning Text Amendments - Discussion PROPOSAL Last October and November, Planning Staff suggested that the Planning Commission discuss sev changes to the Zoning Ordinance that will be the first of a series of text amen nts intended to ' g the ordinance into conformance with policies in the Compreh ve Guide Plan. Addition the amendments are intended to provide cl�catio substance to existing ordinances tha e perceived to be vague. Amendments ' uded with this proposal include: 1) increased setbacks to major and m tho g ares, and railroads; � 2) creating setbacks for pipelines; 3) enhancing landscape s s; and 4) lowering the m ' um density allowed in multi-family resi e ' districts to 12 dwelling units per from 18 du/acre (but allowing density bonuses). O r amendments such as the tree preservation ordinance amendment will not be inc ed at his time as additional time is needed for a recommendation. 1) SETBACK INCREASES The Zoning Ordinances of Apple Valley, Burnsville, Eagan, Inver Grove Heights, Lakeville and Woodbury have been compared for examples of increased setbacks to busy streets and railroads. With the exception of Lakeville, all cities had expanded setbacks for residential and commercial buildings to collector and arterial streets. The following setbacks are for principal buildings to right-of-way and typically replace a thiity foot standard. CITY COLLECTOR STREET ARTERIAL STREET Apple Valley 30 to 40 feet 40 to 50 feet (minor}, 50 feet (principal) Bumsville 45 ft. (incl. minor art.) 50 ft. (principal) SQ ft. (high density) 80 ft. (high density principal) Eagan 40 ft. 50 ft. Inver Grove Heights 30 ft. 50 ft. 40 ft. (high density) Woodbury 50 ft. 80 ft. �ver�t�ings �oming �(JL�6 �osemounl�� � . . .. � � . `"J,«w.e oao« � �� �. � - . �� � . . � . ' ' June 22, 1993 Regutar Meeting Reviews • Z.O. Text Amendment Proposals ' Page Two The average increased setback to collector streets is 10 ft. in addition to the standard requirement. The average increase for arterials is 20 ft. for the Dakota County Cities examined. The resulting screening opportunities in ten feet would be vegetative (probably a large hedge), or fencing. A 20 foot wide buffer could accommodate a three foot high berm with vegetation (evergreen trees or a combination of plantings), or fencing. The ability to use berms diminishes with uneven topography. A three foot high berm centered in twenty feet does not seem like much but that is the maximum slope that allows for practical mowing. A thirty foot wide screening yard would allow for a berm almost five feet high and still be mowable. Planning Staff recommends that setbacks adjacent to collector and arterial streets be increased by a minimum of ten feet (collector) and twenty feet (arterial) by ordinance primarily for residential uses. Some of the ordinances indicated that the setbacks were for all principal structures. Consideration for platting exceptions to standards, or density bonuses may be given if larger setbacks are offered with appropriate landscaping. An additional distinction should be given to principal arterials for a thirty foot increase in setback. Railroads received very little attention in the various ordinances. Planning Staff would suggest that iailroads be treated similar to principal arterials. SETBACKS FOR PIPELINES Very cities have setbacks for pipelines esta.blished by ordinance. The Minnesota O ce of Pipeline S was charged with the task of writing a model ordinance for cities in e wake of the Mounds Vi tragedy. It took over a year for a recommendation that spec' ed pipeline easement boundarie hould define a setback for any building. Most ordinances have been 'tten consistent with the model ordin e. Fipeline easements normally have extensive restricti on the use of land within t easement. A homeowner might not be able to plant trees or co ruct a fence in the' ack yard if such an easement were in pla.ce. Other improvements such as pav' and acces ry buildings would not be allowed. Planning 5taff recommends that an easement fo ipeline (petroleum or natural gas) be treated the same as a public right-of-way and that setbac or any building to a pipeline easement be a minimum of thirty feet. The typical nt and rear yar tback for urban residential uses is thirty feet and most neighborhoods ve pipelines adjacent to yards. 3) ErtH�vCE La�vnSCArE Arm�s Generally, 5ection 8 , dscaping Requirements is effective for establishin inimum standards for caping. However, some flexibility would be gained in the Ge ral Industrial district by s stituting the foundation planting minimum of one planting per ten feet building perimet or "Per Recommendation of Planning Commission". This substitution would ap priate given the typical General Industrial building that has a significant amount of pav ound at least one half the perimeter. �s:. ' � r �� .� � �� =p1' . '� � The comparable sales bracketed the subject property both in size and unit density. The best comparable sales would be number three and five, both developed in Rosemount with both single fa.mily and townhouse lots, although the subject property has almost twice the density of comparable number five and SQ% higher density than comparable three. A survey of comparable sales data did not reveal any sales within the past two years that would be in the competitive environment of residential raw acreage sales but � were not considered in this report. The adjustments made to the seven comparable sales for undeveloped land were for time, location, size and terrain. The adjustments appear to be consistent with current market conditions with the possible exception of the time adjustment at a 1Q% annual upwards adjustment may appear to be high. The conclusion of the undeveloped land value on page 99 at $635,000 correlates closely to the purchase price of$634,200 for the subject {that represents a combined price of two parcels). This price represents undeveloped raw land. Subdivision Anal,ysis The appraiser developed a land value estimate by allocation for the "retail" value of the lots. The allocation percentage of 20% was supported by the developer's estimates and other townhome projects. It is consistent with the review appraiser's experience (only the townhome land values are being analyzed as it is understood that Outlot B is proposed to have twelve townhome umts placed upon it). 1fie 20% allocation of land from the average $115,000 townhome sale price results in a land value of $23,000. It is important to note that the $23,000 represents the contributory value of the land and site improvements when the project is completed, not as of the date of appraisal in the original appraisal or as of the inspection associated with the review appraisal. The difficulty with valuation of Outlot B or the entire 18.b8 acre larger parcel is that it is dynamic because it is being developed. The raw land value estimate or sale price reflects the improvements that existed generally at the perimeter of the site and a "raw" parcel. A developer, through the platting process and providing infrastructure to the platted lots creates value. This value does not increase in a steady incremental fashion but increases significantly with approval of the plat, installation of the infrastructure, development and sale of the improved properiy. All these steps are necessary for the land to have the $23,000 value, including an estimated development cost of $8,615 per lot (excluding developer's profit and holding costs). Page 2 Avulication of Apnraiser's Methodology to Outlot B The appraisers were not provided with a survey indicating the exact size of Outlot B. Based upon measurements from the half section map it appears to be approximately 125,000 square feet or 2.9 acres. The plat for the proposed 9th addition indicates that there will be twelve townhome lots in the area of Outlot B. Application of the appraisal � methodology to the subject will use both a per acre and per developable unit as units of comparison. 1. Raw Land: Based on the undeveloped land value the 2.9 acres of Outlot B would be taken times the $34,000 per acre raw land estimate from page 99 resulting in a value estimate of $98,600. 2. Retail Value less Development Expense: The retail and completed value of $23,000 per lot less the developers expense of $8,615 per lot yields a net of $14,385 per lot times twelve lots equals $172,620. 3. Subdivision Analysis: Applying the twelve lots into the subdivision model _ on page 159 assumes that the twelve lots would be sold early in the development i.e. five lots the first year, five lots the second and two in the third year. Using the expenses a.nd yield rate contained within the model (the model assumptions are consistent with the appraiser's experience and typical practice of other residential subdivision analyses) results in a value discounted of 205196. for the completed lots $ , Consideration for 0utlot B Outlot B represents a portion of a larger parcel taking the portion of the parcel would reguire that the entire parcel be valued in the before state and the remainder in the after state to estimate the just compensation due to the taking. For the subject property it is incorrect to simply estimate the value of twelve townhome lots and assume that the purchase of Outlot B containing these lots is the entire just compensation. This is the "Federal Rule" as it applies to a partial taking. 1. Before and After Value Estimates: The proposed 9th Addition development has fixed costs that would be spread over 111 lots including Outlot B in an "as is" state and 99 lots if Outlot B is taken. A complete analysis requires a before and after valuation of the subdivision but the dimi.nution in value would be higher than the application of the unit values from the appraiser's methodology. 2. Severance Dama�e: The proposed use as a fire station represents an institutional use in a residential neighborhood. Generally speaking, incompatible property uses to residential diminish the value of residential Page 3 � . , i . . � . � . properiy, such as a residence adjacent to a commercial, industrial or institutional use. There is a probability that se�erance damage would be appropriate for the remainder portion of the land due to diminished potential sale prices especially for properties that are in close proximity to the fire station, 3. Progress on the Development: The "dynamic" state of the development for � the subject makes the appraisal date very important. 4n December 3, 1995, it appeared that a portion of the infrastructure was in place and concrete � blocks were being installed representing work in progress on the townhomes. Even in a "quick take" process, the talang will not occur for at least 9Q days. The project will be further along with respect to the stages of development from raw land to retail land value and the enhancement to value in that process. This analysis is based upon our personal inspection and review of the property, comparable sales, and application of the appraisal review process. Respectfully Submitted, � �� t�. 2��� � �- 2� �S� I � J. Scott Renne, MAI, CAE Leslie J. Racine Jr., SRA Page 4