HomeMy WebLinkAbout3. Business Park Zoning Text Amendment Discussion � _ . .. � , .. �_. . xY_._ �...._ . ._ �..�.: _. - - , �,_>__�s„m..._
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CITY OF ROSEMOtTNT
E�XECLTTIVE SUMbiARY FOR ACTION
CITY COUNCIL MEETING DATE: JANUARY 10, 1994
AGENDA ITEM: ZONING ORDINANCE TEXT AGENDA SECTION:
AMENDMENT FOR BUSINESS PARK WORKSHOP
PREPARED BY: RICHARD PEARSON, AGENDA N0.
ASSISTANT PLANNER � ITEM 3 .
ATTACHMENTS: COMPREHENSIVE GUIDE PLAN TEXT, APP VED Y: j�
PROPOSED AMENDMENT �,�
On December 7, 1993 the City Council tabled action regarding the text
amendment for the Business Park District. Outstanding issues are:
1 . Should the Rosemount Business Park be treated separatel.y from other
property that has the Business Park designation? -
2 . How should land currently zoned Industrial Park be treated?
3 . Should entertainment uses, specifically movie theaters, be allowed in
the Business Park Zoning District?
In addition, the process that resulted in the Business Park Zoning Text
Amendment was questioned. Planning staff will proceed with text
modifications with the benefit of direction provided by the discussion.
0
RECOMMENDED ACTION:
No action required.
COtTNCIL ACTION:
�1�. to encourage the development of a unified 15. to generally upgrade business signage throughout
ma nt structure and the collective the City and continue to prohibit o - i.�e--'
promotion of ' ' the CBD; advertising signs;
13. to ensure safe and convenient access 16. to min' ' mmercial traffic impacts on
and maintain a pedestrian scale within the residential streets; and
Center; 1 . -c�fi:?ly control offensive commercial uses by
14, to establish a design conc e CBD with requiring be concentrated away from
�uidelines w ' i unify it as a center of retail residential areas, churc , chools, parks and
� other public facilities.
�
I1vD�s�'.t��
.�iv�us��� I�vs�r�r, P�K.S' OB.rEcz�v�s
The City had significant land designated for It is the City's objective to:
industrial park development in western Rosemount.
During tlie i980s the Ciry saw only limited light l. provide the full range of opportunities for
industrial development. Despi�e this slow industrial deveiopment in Rosemount;
development pattern, the City desires to maintain an 2• ensure that conflicts with the natural environment
adequate inventory of Iand for li�ht industrial and and other land uses are minimized;
business park development. 3. provide for the expansion of the Pine Bend
Industrial Area in a lo�ical, orderly and
Currently, only one percent (1 0) of the Cin�'s seauential fashion; and
de��eiopeci industrial Iand is in the rorm o� indusui�i c• pro��ide for the devetopment ot a business park in
park type of uses and only six percent (6 G j o:L7e �'estern Rosemount which contrioutes to the
Ciry's industrial develoFment is in the westerr town center concept.
developing area of the Cin�.
r PLAN E�E1l�ENTS
� ��' j2�� tha TiC.��:��r- t�•^' Zi�S�ii:., i.. �
- _ ., .:$t:(G_
ueveiopmen; is iocat� in easte-n kosemoun: i.^. u7� Rosemount h2s a siQnificant amount oi hea��y
area ofren referred to as Pine Bend. Koc:'Refinin�, industrial development in eastern Rosemount anC
'�-� Tnu�s��'e`, L�;;:� pe�:ocher::::�:, :�:ate:ia oniy limite:: li�ht industrial development ne�; tne
Re�ove�}�, and seve;ai other smaller industries ma�:e old �Tillaae. Koch Refinin� is one of only two such
up t�.is :e�iona! petro-chAmi;.2I compi�;_. Ta�ilities in the entire State or Minnesota. Thes�
ia:.�ors su;aest th4t more �7�av}� inaustrial
in easte�n Rosemount, industry is the primary development may be forthcoming and that
competitor for ?gricultural la`nd. Much of the area altemative uses will be increasingly unlikely in this
_ has been acquired by•either large industries or area. In this case, public utilities will be needed to
land'nolders. Of the nearl}�-4;SEE�E� a�res owned by service this collection of regional and Iarger scale
industrial or development interes�s, only thi;ty-frve land uses. �-'~ �
percent (35 e) of the land is presentiy us� fo: � � � �
a�tive industrial �urposes. Tne remaining indust:iai In the western portion of the City, earlier plans for
noldin�s are va;,an� o: a:e ieased for a4ricultural industrial development have been scaletl back and
purposes. redirected. The 1980 Comprehensive Plan
designated a sianificant amount of land north of
County Road 42 and east of State Trunl: Highway 3,
as industrial. Much of that land (370 acres) remains
undeveloped and the landowners have expressed a
C:TY O� RCSr.`„Oi;?�i � S:Ci I0-'� �'(.=�)- 5 OCI'OBER ?9Q.5
desire to develop the land residentially. After commercial uses are permitted only where clearly
extensive evaluation, the City has decided to accessory to the general industrial activities.
. ; . redesignate those areas for residential, in part ., _. , . . _ .
because of the iimited land for residential " " �
� POLICIES
development. 1'o ensure adequate land su p ply for
industrial users, the City has identified a new area The City's policies for Industrial areas aze to:
in western Rosemount to focus business park l. expan:' rhe Urban Service Area in eastern
development. Generally, this area is south of County Rosemount to service regional-scale industrial
Road 42 and to the east of State Trun}: Highway 3. and waste management/processing land uses;
The development of an industrial area in the western
part of Rosemount is important to balance the City's 2• allow for the expansion of industrial development
rapid residential development. in the Pine Bend area where land is undesirable
for other uses or could be adversely influenced
The two types of industrial development proposeti by adjoinina uses (incinerator) provided such
are as follows: development is within the Urban Service Area;
will not adversely impact long-term agricultural
Business Park (B-P) act��ities; is serviceable by public utilities in
Business Park areas are intended to serve li�ht sequential fashion (i.e., is contiguous to already
industrial uses, general office development, and served areas where services can be readity
extended); and is able to be.accessed via public
supporting cor�iercial_service uses. Generally streets without public assistance;
business parks are developed under one single 3. require that all industrial developments comply
ownership, but in any event, development must with U.S. EPA and MPCA standards for effluent
occur in a coordinated fashion that demonstrates emissions per applicable permit procedures;
future phasing capability (if applicable); an intemal 4. require that all on-site industrial waste water
circulation system with limited access to collectors treatment systems be maintained and inspected
and streets); hiQh standards of planning, according to the requirements of the City's
architectural and landscapin� d.esi�n which remain Subdivision Ordinance, Buildin� Code, and
I consistent throu'hout the park; adequate buffering applicable MPCA Rules;
; from adjacent residentia! uses throuah the use of �. require that all industrial uses within Urban
� extra-ordinary setbacks and/or effective screenin�, Service Areas be conne;ted to public sewer and
� and limited, well-screened outdoor storage. Ty�pical ��ater services as such services become available;
' ullSlfl?$$ Tl�r}; Lses incic:de ���re�1011S1P.�, 6. reauire that plannin� for industrial developmenu
distribution, lignt assembl��, and wnolesaiin� as v.�eil minimize environmental impacts, land use
f � as office uses and commercial uses that clearl;
conflicts and visual accessibilin� from
i sapport, are incidentw to, or complement tne surroundin� properties and public streets and
, business park (e.�. office supplies and services or hiQhways;
! restaurants that serve employees). Business parks -, initiate the development of a business park for
snouId to be de��eloped «�itnin the Urban Service lo.w impact Iight industries in western Rosemount
+ Area, adjacent to an arterial or collector street.
-- and consider the use of economic incentives as
- General InduStrial (G� means to stimulate tax base enhancernent and job
__ creation;
��General Industrial areas ai��hos�reserved 8. maximize lax�-use compatibility by requiring
exclusively for industries requirin� large sites and/or extraordinary standards for setbacks, buffering,
exterior storaQe. The general industrial areas are screenina and landscaping at the edges of
located to minimize adverse effects on adjacent land industrial areas and along major streets and
uses and in areas where they are well-served by highways;
arterial road«�ays, barae, and raiI transportation °. encouraae the provision of open spaces and trails
systems. Typical general industrial uses include within industrial areas for use by employees and
processins and heavy manufacturing, large-scale to tie industrial areas into the City's trail system
trans-shipment and distribution centers, outdoor to provide recreation opportunities and
storaQe yards and minin�. Ofrices and Qeneral commutin� alternatives.
CtiY oF Ros�n�oc,in�r S�crto�; V(A) - 10 OcroB�R 1993
10. require fire suppression systems in all industrial 11. limit industrial development without public
buildings in accordance with applicable State utilities to existing industries or on a very (imited
Building Code standards; and basis to new industrial development.
TE MANAGEMENT
OBJECT7V
It is the objective of the ity to:
1. gromote effective reb lati of private waste 3. establish appropriate, compati e locations for
management activities; waste management activitie .
2. supplement and enhance enviro ental protection
policies; and
PLAN�LEMENTS WASTE M AGEMENT PO�ICIES
Public attitudes and technology involving waste \ It shall be th policy of the City to:
management continue to evolve. Singular � 1. permi �private a�aste management activities onI}�:
approaches to waste management have given way to w�the public health, safety, and welfare is
integrated systems includin� waste reduction, reuse, \ ured;
recycling, resource recovery, and disposal. Renewed 2 equire that private waste management activities
environmental awareness creates increasing demands o ur in locations that minimize or eiiminate
for responsible waste management. con�icts with other uses;
� 3. locate pxivate waste management activities in
This waste management land use element serves/ ,
several functions. It allows for the proper � �eas in �,hich lon� term land use compatibiIity
identincation of a soecial use district. It alJov,�s the and proteciion from other conflicting uses may
be maximized;,
City to pro-actively determine where prj�ate waste 4, permit private v�aste mana�ement activities only
related activities may be compatible Qvfth other uses wnen potential or�lcnown conflicts or impacts are
and should be located. It allows th:e�Ciry to prote:.t eliminated or oroperly mitiaated;
_�:iva.e w�as�e managemP;,� acti�;ities �rom �. require tnat any private waste management
infrin�ement by incompatibl/e�'uses. It also allows tne facility employ the best�vailable technology
Cin� the ��ehicle to establish proper reguIations and re�arding emtironmental protection controls;
�esponsible manaQemenz'ror pri��ate waste reiate,ci 6. ensure that the design, cons�truction and operation
activities. � �
of private waste management�facilities minimize
� � zny neQative environmentaI impacts and�miti�ate �
�oiicy review d anaiysis is an on-goin� them to fullest extent possible; � y
requirement�any growth tr�,ana�ement plan. The �, �11ow grivate waste disposal to occuY only when
r;�ed for�ntifluai policy analysis in waste \
efforts to revse and recycle wastes ar�exhausted•
- mana�ent plannin� is particularly vital due to the g, consider private waste management facil'ties anly
. .•rap� chan�es.in waste•mai�ageiiz�nrtechnology, when the eco�ramic benefits, incentives, a�
r�uiatory direction, and public sentiment. other advantages to the City and commumty`..,
% clearly autweiDh any known or potential negati,ve
aspects af a facility; and
9. permit private waste management facilities only \
when the proper infrastructure exists to serve
facilities or when proper improvements are made
• without expense or burden on the Ciry.
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City of Rosemount
Ordinance No. B-34
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOLTNT, MINNESOTA ORDAINS AS FOLLOWS:
SECTION I. Section 3.2 DEFnvtTloNS of Ordinatzce B - City of Rosemount
Zoning Ordinance is amended to include:
Manufacturin�, General - all manufacture, compounding, processing, packaging, treatment,
or assembly of products and materials that may emit objectionable and offensive influences
beyond the lot on which the use is located. Such uses include, but are not limited to,
sawmills; refineries; commercial feedlots; acid; cement; explosives; flour, feed, and grain
milling or storage; meat packing and siaughter houses; coal or tar asphalt distillation;
rendering of fat, grease, lard or tallow, alcoholic beverages; poisons; exterminating agents;
glue or size; lime; gypsum; plaster of paris, tanneries, automobile parts, paper and paper .
products; gtass; chemicals, crude oil and petroleum products including storage; electric power
generation facilities; vinegar works; junkyard; auto reduction yard; foundry forge, casting of
metal products; rock, stone, cement products; and all uses permitted in the IG General
Industrial District:
l�Zanufacturing, Limited - all uses which include the compounding, processing, packaging,
treatment, or assembly of products and materiais provided such use will not generate offensive
odors, glare, smoke, dust, noise, vibrations, or other objectionable influences that extend
beyond the lot on which the use is located. Generally, these are industries dependent upon
raw materials refined elsewhere. Such uses include, but are not limited to, lumber yards.
machine shops, products assembly, sheet metal shops, plastics, electronics, �eneral
nonalcoholic beveraQes. si�ns�and displays, printing, publishin�. fabricated metal parts,
appliances, clothing. textiles, and used auto parts.
SECTro� II. Section 6.13 IP I:�nUSriuAL PA� D�st'wCT of Ordi�zarace B -
C'izy of'Rosemount Zo�aiiig Ordirzarzce is amended to read as follows:
SECTION 6,13 BP BUSINESS PARFi DISI'RTCT
F�. Purpose and Intent This district is intended to accommodate new, modern, high
performances, limited industrial uses, 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 will also allow entertainment and
ser��ice-oriented commerciat uses, ofr"�ceisho�,�room and other uses ���ith hiah performance
standards that will pravide a transition to residentia] uses. Uses shall be conducted
completely within structures excepted as provided for herein.
BP-1 This zone permits planned industrial, accessory commercial, and office uses. This
zone is adjacent to General Inciustrial uses, railroad rights-of-way, or significantly
o�a�B-;-�
Pa�e I of�
separated from major or minor arteriai streets. Outdoor storage is allowed if
completely screened from rights-of-way, public, or residential uses.
BP-2 This zone permits destination, entertainment, or service related commercial, office,
or planned industrial uses, including all uses allowed in the BP-1 Overlay Zone.
The zone is adjacent to General Commercial uses or has proximity to major or
minor arterial streets. No outdoor storage is allowed.
BP-3 This zone permits 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 permits all BP-3 Overlay Zone 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.
B. Uses Permitted bv Right . . . . . . . . . . . . . . . BP-1 . . BP-2 . . BP-3 . . BP-4
I. Business and Professional Offices. . . . . . . . . . . . . X . . . . . X . . . . . X . . . . . . X
2. Manufacturing, Custom. . . . . . . . . . . . . . . . . . . X . . . . . X _
3. Manufacturing, Warehousing, WholesalinJ,
Distribution, Processing, Packaaing, Assembly,
Compounding and Accessory Uses . . . . . , . . . . . . X . . . . . X
4. Machine and Repair Shops . . . . . . . . . . . . . . . . . X . . . . . X
5. Television and Repair Studios . . . . . . . . . . . . . . . X . . . . . X . . . . . �; . . , . . X
6. Testino and Research laboratories . . . . . . . . . . . . . X . . . . . X . . . . . X . �
7. Aaricultural Implement Sales/Ser��ices . . . . . . . . . . � . . . . . X
S. 4utomobiie Equipment Sales%kepair�hon� . - X � . . . _ X
�. Automobil�and RV Saies. Ser��ice � Rentz:� . . . . . . X . . . . . X �
:0. t3usiness Schoois . . . . . . . . . . . . . . . . . . . ?, . . . . . � . . . . . }: . . . �;
. .. Business Services and Repairs, inctudin_
effice supplies & equipment . . . . . . � . . . . . . . . . X . . . . . X . . X . . . . . �
� :'_'. Commercial Indoor Recreation, ineiudin� � �
� bo���iin� alievs, nooi halls, racnuefbali an�' � � �
:_ ..� ;ot� .. r3i;e_ ;ir,i�. ar.� fi�r�,.ss :.iuL_ ._ . ., �
��. Construction tilaterials Saies, includina ,
iumb:r �aras and buildin� suppi� sto;es . . . . . . . . . `� . . . . . `;
� .-. �nteriQintnent raciiities. lnctuoin� tneat�rs anc n�o��ie Tileat�r� . . . ,. �
'�. �inanc:al Inst�tutions anc Banks � . . . . . . . . . . . . . X . . . . . }:
. . E~unera: ti�mes an� 'ltortt�arie�: . . . . . . . . . X . . . . . ,%� . . . . }. . . . . . `;
-. .,�a;ti: `a.�. �aci;iti�� . . . . . �� . . . . . `.
iS. Hezlth Spas and Reducin_ Saions . . . . . . . . . . . . . X . . . . . X
� 19. Hotels and Motels . . . �. ' �
. . . . . . . . . . . , . . . . . ?� . . . . . �
^Q. Printin�and Juplicatin�Shops . . . . . . . . . . . . . . � . . . . . X
�i. Restaurants . . . . . . . . . . . . . . . . . . . . . . . . . X . . . . . X
��'. �'holesale Businesses and �uppl� Centers, if accessor}
to �a arehousin= or distribution use� . . . . . . . . . . . . X . . . . . ?;
C. Uses �ermittec`t bv Pfannec� lini� De��eio�m�ent (PUD) � Commercial and industrial � �
C3P��P�OD1?leilt� Ii�VO�\'lno m�itt:nlo pµri.��S. S*rUCtU':'PS. n'" USPS S}13i� h� :".�,C1L1II"PCl t0 US�' i};�
PUD procedure.
� � � �,ans-�„ �
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SECTION III. SeCtiOII 7.1 DIMENSIONAL STANDARDS Of OT[Zi7J4rtCC B - Clly Of
Rosemount Zoning Ordinance is amended to read as follows:
SECTION 7.1 DIlI�IENSIONAL STANaARDS _ ,
A.
Minimum Lot Size (ft) Minimum Yards (ft) Other Standards
hlaximum' A1ax Bidg ;Ylax Lot' GUOSI
Districts ZooeZ Width(ft) Area Dept6 Front Side10 Rear Iienaity Ht(fr) Cover Unit(sfj
AG N/A 300 3.5 AC SO 30 30 1/]0 AC 50 N/A N;A
AG-P N/A 300 40 AC 50 30 30 1/40 AC 50 N/A N!A
RR N/A 200` 2.5 AC 40 30 30 I/5 AC 35 N/A N/A
RL N/A 110 20,000 180 30 IS 30 N/A 35 30� N/A
R-1 N/A 80 1�,000" 125 30' 10 30 N/A 35 305r N!A
R-lA N/A 80 10,000" 125 30' S'= 25 N/A 35 304F N/A
R-3(SFj N/A 100 12,000 1?0 30' 10 30 6/AC 35 304F N/A
(3+� N/A 120 18,000 150 30' 30 30 6/AC 35 75�. N/A
R-3 N/A I50 22.500 150 305 30 30 18/AC 35 755E 500
R-4 N/A 150 22,500 150 30' 30 30 40/AC 35 75% 500
GI 1 AC' I50 15.000 125 30' 105 105 N'A 35 ?5 n tirA
C-2(CBD) N/A N!A N/P,�_,, N/A N/A N!A N/A 35 N/A N:A '
C-3 .5 AC IZO 0.5 AC 30' 106 ]0` N/A 35 755 N/A
C��BP�' 1 AC 120 20,000 305 106 105 N/A 35 75� NiA
BP-4
BP-1.BP-2 5 AC N/A 0.5 AC 30 30' 30' N/A 40 755f N/A
� Wf�f 10 AC NIA 5.0 AC 75 50' S0' h;A 75 SOn N;A
IG 10 AC NiA 5.0 AC 75 50� 50 N:�A ^5 50;� h;A �
P N�A N/A N/A 30 3Q' 30 N/A 40 ?5 H NiA
FP \.A ?�(,!. N;.4 N�A I�;r. N;n ti,A N;A !�/A NiA
` For aUdit�onal requirement:refer w Section 7.2. Supplemeni:�n Reguiutions:Section S.Oft-street
ParF;in�:and Sret3on 9. Sneeial Overiae Regulations.
' Unless contiguous to an existin�such disvict.
inreo i3j ueres maxunwm m�e sizc.
� ' .iGO feet widtn and 5-acrc lot suc minunum u�hen land i�nnt piutted. �
� � R_i::r io Scction"? C.�r..�. ln�eamblisned front.;an�. � .
. '� 3U-fooi minunum sitie or rear yard where abutting an"R" District. . � �
� °� Refer to Section 7.'?C.3.c. for buildin�s exceedinc 35 feet in hcigh?.
� � ' linit�'Gros<A�rc. � .
`" Includrs structures,paved parking are�.:u�d other impervious surfaces. �
` Sce Sectioo 7.2 C.3.a.and',.:C.2.b.
� � . '' Cumcr Lol in R-1 shall iiave a minimwn ot I?.000 sauarc fict in ur::a. .
� -- � (_ct fi,r singL�stnr}'re.idcnees: 10 fee;for tu�o-.ton�resiu;nees. .
SECTION IV. Section 7.2 SUPPLEDZENTARY REGULATIONS of Ordi�aance B - City
of Rosemoutat Zofzi�zg Ordi�zatace is amended to read as follows:
SECTion 7.2 SuPPLEn�n���� REcuz,ATTo�v�s �
A. Buiidin� TLpe anc3 Construction:
�. Business Park District BP,� In tI�e Business Park District all buildings with an
exterior finish of curtain wall panels of finished steel, aluminum or fiberglass shall
be required to be faced with brick, decorative block, wood; stone, architectural
concrete cast in place, or pre-cast concrete panels on at least fifty percent (50%) of
�� � � ora�s�-�-;
� � Pa�e s ,�F:
. . _
all wall surfaces. Overlay Zones with larger percentages are indicated below.
Any metal finish used in the building shall be a minimum of twenty-six (26) gauge
steel.
' ` ` OVERLAY ZONE
> BP-1 BP-2 BP-3 BP-4
PERCF.NTAGE OF DECORATTVE SO%a I00% SO% l00%
MATERIAL TREA1'MENT
* 100%for al! surfaces faci�ig n public riglit-of-way, Public, or
Residendal uses or districts.
6. Accessorv Buildings (REVISIONSTO TABLE ONLYJ
Dimensional Standards for
Accessory Buildings and Surface Parking
ACCESSORY BUILDINGS SURFACE PARKING
Minimum Yards (ft.) TM�a"`rr""'�' Minimum Yards (ft)
Bldg.
DISTRICTS FY20NT ` SIDE REAR Ht.(ft) FRONT SIDE REAR
AG 50 30 30 75 50'- 5=� 5=
AG-P 50 30 30 75 50' S3 5=
RR 40 305 30 35 40= 5' S=
RL 30 15 15/30' � 18 � 30' S' S=� �
� R-1 30' l0� 5!30° 18 30= l0' t0=
� R-lA � � 30� 5` � 5/25= � 18 30= 10' 10=
R-? (2F) 30' 1Q` 5!30` 13 30= 5' S=
- •--• -•••-•- -•--
•---•- •------•-•-• -•- -• -•-•- ---•- ---•---•---- •- ---�...............••---- -------•---•-•---•- -•-------•---••--••- ---------•.._.._._.
•----
� (3+F) 30' ]OS � 10 � 18 � 30 10 �10 �
� R-3 � 30� � ]0� 10 � 18� 30 10 10
' F.-- >U iC' lii iS � 3G � 10 � 10
ii
�! �-� J � 18 20 10 10 ( �
i c-^ �� i ��a ��.a ��.a
�--�
�-3 � � 25 20 10 �10 � �
- ` Sa��fE 25 ZO 10 10
B:' FOk 4p � ''0 � iJ 1J
IG PRINCIFAL ']5 40 2$ SQ
WM BuILD[NGs
75 40 25 50
P 40 20 20 20
FP N/A N/A N/A N/A
� Or ti��Required Front Yard as ma�� be�rescribed hy�Section 7.2C. Established Fmnt Yards. � �
^ Escept parking may occur witiiin a normxl drivetis� that crosses a required yard.
� Driveways shall comply with yard setback requirements for surface parking.
;�0 square feet or tess in R-I anci R�Districts: lU-fbot sethack; R-IA Districr. �-ioot setbac}::� in RL Districe� �l�-
foot setback; except double frontage or corner lots: 30-foot setback. Over 120 square feet: 30-foot setback.
� See Section 7.2C.2.a. and i.2C.�2.b.
OrdrB-3:
Pa��e 4 0'�
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SECTION V. Ordinance B - City of Rosemount Zoning Ordinance is amended by
substituting the designation "BP" for the designation "IP" wherever the designation IP
currently appears in Ordirzance B - City of Rosemount Zoning Ordinance. :
SEC'rtoN VI. This ordinance shall be effective immediately upon its passage and
publication according to law.
AnoFrEn this day of , 1993.
CITY OF ROSED10Ulr'T
E.B. McMenomy, Mayor
AT'TEST:
Susan M. Walsh, City Clerk
Published in the Dakota Counly Tribune this day of , 1993.
Ord�B-3n
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` APPLE_VALLEY ZONING ORDINANCE
` Sec. A1-72. Conditional use permits.
(a) Purpose. In order to give thE district use regulations of this ordinance the
flexibility ncccssary to achieve the objectives of the comprehensive guide plan in ceztain
districts, conditional uses are permitted subject to the granting of a use permit. Conditional
uses include those uses generally not suitable in a particular zoning district, but which may,
under some circumstances, be suitable. When such circumstances exist, a conditional use permit
. may be granted. Conditions may be applied to issuance of a permit and a peziodic review of
the permit may be required. The permit shall be issued for a particular use and not for a
particular person or firm The applicant shall have the burden of proof that the use is suitable
and that the standards set forth in thsi section have besn met.
(b) Petition, public hearing, notice and procedure. Except as othezwise noted and
provided under this section, the petition, public hearing, public notice and procedural
requirements for conditional use permits shall be the same as those for zoning ordinance
amendments provided in Section AI-73.
(c)� Action by the city counciL The city council may grant a conditional use permit,
as the use permit was applied for or in modified form, if it is determined that the proposed
locatioa of the coaditional use is in accord with the objeciives of the comprehensive guide plan
and the purposes of the districi in which the site is located and would not be materially
in jurious to properties or improvemenu in the vicinity. The city council may grant a
conditional use permit only by an affirmative vote of a majority of a quorum of the city
counciL
(d) Standards. The planning cammission shall recommend a conditional use permit and
the council may issue such conditional use permits if it finds that such use at the proposed
lacation: � '
1. Wili not be dezrimental to or endanger the public health, safety, or general
welfare of the neighborhood ar the city.
2. Will be harmonious with the general and applicabie specific obje�tives of
ihe comprehensive plan and city code provisions.
3. Will be designed, construczed, operated and maintained sa as to be
compatible or similar in an architectural and landscape appearance with the_
exisiing or intended character of the general vicinity and will not change
the �ssential characier of that area, nor substantially diminish oi�impa.ir
property values within the neighborhood. N.- -�-
4. Will be served adequately by existing (or those proposed in the pra�eci)
essential public facilities and services, including streets, police rand fire:
pratection, drainage, structures, refuse disposal, water'�nd sewer systems and -�
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schools. - ----
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� 5. Will not involve uses, activities, processes, materials, equipment and � ��
conditions of operation that will be hazardous or detrimental to any =:-_�°-_
persons, property, or the general welfare because of excessive production of,- ;: : .-.=
traffic, noise, smoke, fumes, glare or odors. - -�4
6. Will have vehicular ingress and egress to the property which does not create� .�,;�; �
traffic congestion or interfere with traffic on surrounding public streets. = - -
7. Will �iat result in the destruction, loss or damage of a natural, scenic, or
historic feature of major importanca
8. These standards apply in addition to specific conditions as may be applied
throughout the code.
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' (e) Conditions. In reviewing applications of conditional use permiu, the
planning commission and the cauncil may attach whatever reasonabie conditions they
. "" deem necessary to mitigate anticipated adverse impacts associated with these uses, to
' protect the value oF other property within the district, and to achieve the goals and
objectives of the comprehensivc pian. In all cases in which conditional uses are granted,
� the council shall require such evidence and guarantess as it may deem necessary as
proof that the conditions are stipulated in connection therewith are being and will be
camplied with.
- (f) Denial for Noncompliance. If the pIanning commission recommends denial
of a conditional use permit or the councii orders such denial, it shall include in its
� recommendations or deiermination findings as to the manner in which the proposed use
does not comply with the standards required by this section.
(g) Period Review, Term of Permit. A periodic review of the use may be
attached as a condition of approval of a conditional use permi� Unless otherwise
stipulare, the term shall be the life of the use.
(h) Lapse of Conditional Use Permit by Non-Use. Whenever within ane (1) year
after granting a conditional use permit, the use allowed by the permit shall not have
been completerl or utilized, then such permit shall become null and void unless a petition
for an extension of time in which to complete or utilize the use that has been granted
by the city counciL Such extension shall be requested in writing and filed with the
zoning administrator at least thirty (30) days before the expiration of the original
eonditional use permit. There shall be no charge for the filing of such petition. the
request for oxtension shall state facts showing a good faith attempt to eomplete or
utilize the use permitted in the conditional use permit. Such petition shall be presented
to the planning commission for a recommendation and ta the eity councii for decision.
(i). Enforcement and Revocation. Failure to comply with any condition set forth
in a canditional use permit or any other violation of this section, shall constitute
sufficient cause for termination of the conditional use permit by the city council
following a public hearing. Written notification of said public hearing shall be mailed
at least ten (10) days prior to said hearing to the cunent holder of the conditional use
permit. Such notice should outline the violation(s) considered by the eity to be grounds
for revocation and inform the current holder of the conditional use permit of the
opportunity to be heard at such public hearing. In additian to other remedies provided
in this code or at law, failure to comply with any condition set forth in a conditional
use permit, or any other violation of this section, shall be a misdemeanor. (Urd. No. 291,
§ 2, 4-21-83; Ord. No. 512, § 2,3, 5-9-91)
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