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HomeMy WebLinkAbout5. Text Amendments to Zoning Ordinance re: Business Park DistrictCity of Rosemount Executive Summary for Action City Council Meeting Date: December 7, 1993 Agenda Item: Zoning Ordinance Text Agenda Section: Amendment: Business Park PUBLIC HEARING District. Prepared By: Richard Pearson Agenda 11a Assistant Planner H -. fftivi a' Attachments: Zoning Ordinance B-34; App ved Planning Commission Reviews; �Y: Public Notice; Mailing List. L On November 9, 1993 the Planning Commission recommended approval of the attached zoning ordinance text amendment to include Business Park District in Ordinance B - City of Rosemount Zoning Ordinance. This ordinance replaces the current Industrial Park (IP) District with a newly created Business Park (BP) District. The Planning Commission also recommended the scheduling of the public hearing. The proposed Business Park District encompasses a much larger list of permitted uses than the current Industrial Park District. This larger area has been broken down into four "overlay" districts that respond to the variety of characteristics found across the total area designated Business Park. This "overlay" method provides the flexibility requested by members of the Port Authority at a Special Planning Commission Workshop held in October. The list of permitted uses is distributed throughout the overlay districts with intentional overlap for flexibility, but performance standards are based upon existing Commercial and Industrial Park standards that result from access or exposure to arterial streets, location, and contiguous land uses. Recommended Action: MOTION to adopt Ordinance B-34 AN ORDINANCE AMENDING ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE providing for the addition of a Business Park District with associated definitions and minimum development standards. City Council Action: 12-07-93.001 City of Rosemount Ordinance No. B-34 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE THE CITY COUNcEL OF THE CITY OF ROSEMOuNT, MINNESOTA ORDAINS AS FOLLOWS: SECTION I. Section 3.2 DEFINITIONS of Ordinance B - City of Rosemount Zoning Ordinance is amended to include: Manufacturing. 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 slaughter 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; glass; 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. Manufacturing. Limited - all uses which include the compounding, processing, packaging, treatment, or assembly of products and materials 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, general nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts. SECTION II. Section 6.13 IP INDUSTRIAL PARK DISTRICT of Ordinance B - City of Rosemount Zoning Ordinance is amended to read as follows: SECTION 6.13 BP BUSINESS PARK DISTRICT A. 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 service-oriented commercial uses, office/showroom and other uses with high performance standards that will provide a transition to residential 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 Industrial uses, railroad rights-of-way, or significantly Ord39B-34 Page 1 of 5 separated from major or minor arterial 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 by Right ............... BP -1 .. BP -2 .. BP -3 ... BP4 1. Business and Professional Offices . ............ X ..... X ..... X ...... X 2. Manufacturing, Custom . .................. X ..... X 3. /Manufacturing, warehousing, Wholesaling, Distribution, Processing, Packaging, Assembly, Uses Compounding and Accessory ............ X ..... X 4. Machine and Repair Shops ................. X ..... X 5. Television and Repair Studios ............... X ..... X ..... X ...... X 6. Testing and Research laboratories ............. X ..... X ..... X ...... X 7. Agricultural Implement Sales/Services .......... X ..... X 8. Automobile Equipment Sales/Repair Shops ....... X ..... X 9. Automobile and RV Sales, Service & Rental ...... X ..... X 10. Business Schools ....................... X ..... X ..... X ..... X 11. Business Services and Repairs, including office supplies & equipment ................ X ..... X ..... X ..... X 12. Commercial Indoor Recreation, including bowling alleys, pool halls, racquetball and tennis courts, roller rinks and fitness clubs ....... X ..... X 13. Construction Materials Sales, including lumber yards and building supply stores ......... X ..... X 14. Entertainment Facilities, including theaters and movie theaters ... X 15. Financial Institutions and Banks .............. X ..... X 16. Funeral Homes and Mortuaries .............. X ..... X ..... X ..... X 17. Health Care Facilities .................... X ..... X 18. Health Spas and Reducing Salons ............. X ..... X 19. Hotels and Motels ...................... X ..... X 20. Printing and Duplicating Shops .............. X ..... X 21. Restaurants .......................... X ..... X 22. Wholesale Businesses and Supply Centers, if accessory to warehousing or distribution uses ............ X ..... X C. Uses Permitted by Planned Unit Development (PUD) Commercial,ad industrial developments, involving `multiple parcels, structures, or uses shall be required to use the PUD procedure. � Ord#B-34 Page 2 of 5 SECTION III. Section 7.1 DIMENSIONAL STANDARDS of Ordinance B - City of Rosemount Zoning Ordinance is amended to read as follows: SECTION 7.1 DIIVIENSIONAL STANDARDS A. Minimum Lot Size (ft) Minimum Yards (ft) Other Standards Districts zone= Width(ft) Area Depth Front Side" Rear Maximum' Density Max Bldg Ht(ft) Max Lot' Cover QUOS/ Unit (sf) AG N/A 300 2.5 AC 50 30 30 1/10 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 1/5 AC 35 N/A N/A RL N/A 110 20,000 ISO 30 15 30 N/A 35 30% N/A R-1 N/A 80 10,000" 125 30' 10 30 N/A 35 30% N/A R -IA N/A 80 10,00011 125 30' 512 25 N/A 35 30% N/A R-2 (SF) N/A 100 12,000 120 30' 10 30 6/AC 35 30% N/A (3+F) N/A 120 18,000 150 30' 30 30 6/AC 35 75% N/A R-3 N/A 150 22,500 150 30' 30 30 18/AC 35 75% 500 R-4 N/A 150 22,500 150 30' 30 30 40/AC 35 75% 500 C-1 l AC' 150 15,000 125 30' 106 106 N/A 35 75% N/A C-2(CBD) N/A N/A N/A N/A N/A N/A N/A 35 N/A N/A C-3 .5 AC 120 0.5 AC 30' 106 106 N/A 35 75% N/A C-41 BP -2, BPA 1 AC 120 20,000 30' 106 106 N/A 35 75% N/A BP -1, BP -2 5 AC N/A 0.5 AC 30 30' 30' N/A 40 75% N/A WM 10 AC N/A 5.0 AC 75 507 507 N/A 75 50% N/A IG 10 AC N/A 5.0 AC 75 50' 50' N/A 75 50% N/A P N/A N/A N/A 30 30' 30' N/A 40 75% N/A FP N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ' For additional requirements refer to Section 7.2, Supplementary Regulations; Section 8, Off-street Parking; mad Section 9, Special Overlay Regulations. ' Unless contiguous to an existing such district. ' Three (3) acres maximum zone size. ` 300 feet width and 5 -acre lot size minimum when land is not platted. ' Refer to Section 7.2 CA.a. for established front yards. 6 30 -foot minimum side or rear yard where abutting an "R" District. Refer to Section 7.2 C.2.c. for buildings exceeding 35 feet in height. ' Units/Gross Acre. ' Includes structures, paved parking area, and other impervious surfaces. 0 See Section 7.2 C.2.a, and 7.2 C.2.b. " Comer Lots in R-1 shall have a minimum of 12.000 square feet in area. 12 5 feet for single story residences; 10 feet for two-story residences. SECTION IV. Section 7.2 SUPPLEMENTARY REGULATIONS of Ordinance B - City of Rosemount Zoning Ordinance is amended to read as follows: SECTION 7.2 SUPPLEMENTARY REGULATIONS A. Building Type and Construction: 3. Business Park District (BP) In the 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 Ord/➢B-34 Page 3 of 5 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 r BP -1T BP -2 BP -3 I 111`-4 PERCENTAGE of DECORATIVEII 50% I 100% I 50% I 100% MATERIAL TREATMENT * 100% for all surfaces facing a public right-of-way, Public, or Residential uses or districts. 6. Accessory Buildings (REVIsiomTo TABLE ONLY) Or the Required Front Yard as may be prescribed by Section 7.2C. Established Front Yards. Z Except parking may occur within a normal driveway that crosses a required yard. 3 Driveways shall comply with yard setback requirements for surface parking. t 120 square feet or less in R-1 and R-2 Districts: 10 -foot setback; R-lA District: 5 -foot setback; in RL District: 15 - foot setback; except double frontage or corner lots: 30 -foot setback. Over 120 square feet: 30 -foot setback. 3 See Section 7.2C.2.a. and 7.2C.2.b. Ord#B-34 Page 4 of 5 Dimensional Standards for Accessory Buildings and Surface Parking ACCESSORY BUILDINGS MBldg. Ht. (ft) Minimum FRONT SURFACE PARIUNG Yards (ft) SIDE REAR Minimum Yards (ft.) DISTRICTS FRONT SIDE REAR AG 50 30 30 75 502 53 52 AG -P 50 30 30 75 502 53 52 RR 40 305 30 35 402 53 52 RL 30 15 15/304 18 302 53 52 R-1 30' 105 5/304 18 302 103 102 R-lA 30' 55 5/254 18 302 103 102 R-2 (217) 3+F 30' 30' 105 105 5/304 10 18 18 302 30 53 10 52 10 R-3 30' 105 10 18 30 10 10 R-4 50' 105 10 18 30 10 10 C-1 SAE FOR PRINCIPAL BUILDINGS 18 20 10 10 C-2 18 N/A N/A N/A C-3 25 20 10 10 C-4 25 20 10 10 BP 40 20 15 15 IG 75 40 25 50 WM 75 40 25 50 P 40 20 20 20 FP N/A N/A N/A N/A Or the Required Front Yard as may be prescribed by Section 7.2C. Established Front Yards. Z Except parking may occur within a normal driveway that crosses a required yard. 3 Driveways shall comply with yard setback requirements for surface parking. t 120 square feet or less in R-1 and R-2 Districts: 10 -foot setback; R-lA District: 5 -foot setback; in RL District: 15 - foot setback; except double frontage or corner lots: 30 -foot setback. Over 120 square feet: 30 -foot setback. 3 See Section 7.2C.2.a. and 7.2C.2.b. Ord#B-34 Page 4 of 5 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 Ordinance B - City of Rosemount Zoning Ordinance. SECTION VI. This ordinance shall be effective immediately upon its passage and publication according to law. Awv= this day of , 1993. CTTY OF ROSEMOUw E.B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Dakota County Tribune this day of , 1993. OrdIB-34 Page 5 of 5 City of Rosemount Executive Summary for Action Planning Commission Meeting Date: November 9. 1993 Agenda Item: Business Park Zoning Text Amendment Recommendation Agenda Section: OLD BUSINESS Prepared By: Rick Pearson Agenda No. Assistant Planner ITEM NO. 4a. Attachments: Memo; Location Map. Approved By: 4;- - SEE ATTACHED MEMO - Recommended Action: A MOTION to recommend that the Planning staff forward the Business Park standards to the City Council in ordinance form for consideration; A MOTION to recommend that the City Council set a date for a public hearing to hear testimony for consideration of the ordinance text amendment. Planning Commission Actkon: 11-09-93.04e of Rosemount PHONE (612) 4234411 2875 • 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS To: Planning Commission Sheila Klassen James (Red) Staats Harry Willcox FROM: Richard Pearson, Assistant Planner Dennis Wippermann ADMINISTRATOR DATE: November 5, 1993 Stephan Jilk SUBJ: November 9, 1993 Planning Commission Meeting Agenda Item 4a. ATTAcEaAENTS: Location Map. 4A. BusINEss PARK TExr AMENDMENT DISCUSSION CONTINUED On October 12, 1993, the Planning Commission reviewed the concept of the Business Park ."overlay zones" thus providing Planning Staff with direction needed to assemble Zoning Text Amendments. Among the concerns discussed at the meeting was a need to further define and regulate manufacturing with the intent of ensuring that the negative aspects of typically general industrial uses would not impact the Business Park. The current Industrial Park District (IP) which is to be replaced by the Business Park permits custom manufacturing, manufacturing, warehousing, distribution, processing, packaging, assembly, compounding and accessory uses. As stated in the Purpose and Intent section: "This district is intended to accommodate new, modern, high performance, light industrial uses which are planned as a unit and include an internal circulation system. Tills district is located within the MUSA and is intended to be served by the public utility systems. Uses shall be conducted completely within structures (excepted as provided for herein). " The Zoning Ordinance defines custom manufacturing as "The production and sale on the premises of hand manufactured products involving only the use of hand tools and domestic mechanical equipment. " The ordinance suggests a distinction between "light industrial uses" as referred to above and "heavier industries which require large sites -and outdoor storage" as permitted in the General Industrial District. There is no definition of either light industrial uses, or heavier industries in the ordinance. The City of Woodbury City Code has definitions which may be useful: MANUFACTURING. GENERAL - means 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 n� /J BA11-09-93.04a (Sverylking s Cooming `U p RosemounlY Page I of 4 Regular Planning Commission Meeting November 9, 1993 Item 4a. to, sawmills; refineries; commercial feedlots; acid; cement; explosives; flour, feed, and grain milling or storage; meat packing, slaughter 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; glass; 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 I-1 Districts. MANUFACTURING, LIMITED - means all uses which include the compounding, processing, packaging, treatment, or assembly of products and materials 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, general nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts. SECTION 6.13 BP BUsiNTss PARK DLSTRICT (replaces IP Industrial Park District) A. PURPOSE ANMD INTENr: This district is intended to accommodate new, modern, high performance, limited industrial uses and accessory retail and service uses. Overlay zones with locational criteria will also allow entertainment and service oriented commercial uses, office/showroom and other uses with high performance standards that will provide a transition to residential uses. BP -1 This zone permits planned industrial, accessory commercial and office uses. The zone is adjacent to General Industrial uses, Railroad rights of way of significantly separated from major or minor arterial 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 BP -1. 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. the 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 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. BA11-09-93.04a Page 2 of 4 Regular Planning Commission Meeting November 9, 1993 Item 4a. 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, NN ::rehousing, Wholesaling Distribution, ProcessinE, Packaging, Assembly, office supplies & equipment ................ X ..... X ..... X ..... X 12. Compounding and Accessory Uses ............ X ..... X 4. Machine and Repair Shops ................. X ..... X 5. Television and Repair Studios ............... X ..... X ..... X ...... X 6. Testing and Research laboratories ............. X ..... X ..... X ...... X 7. Agricultural Implement Sales/Services .......... .. X ..... X 8. Automobile Equipment Sales/Repair Shops ....... X ..... X 9. Automobile and RV Sales, Service & Rental ...... X ..... X 10. Business Schools ....................... X ..... X ..... X X 11. Business Services and Repairs, including X 18. office supplies & equipment ................ X ..... X ..... X ..... X 12. Commercial Indoor Recreation, including bowling alleys, pool halls, racquetball and tennis courts, roller rinks and fitness clubs ....... X ..... X 13. Entertainment Facilities, including theaters and movie theaters ... X 14. Construction Materials Sales, including lumber yards and building supply stores ......... X ..... X 15. Financial Institutions and Banks .............. X ..... X 16. Funeral Homes and Mortuaries .............. X ..... X 17. Health Care Facilities .................... X ..... X 18. Health Spas and Reducing Salons ............. X ..... X 19. Hotels and Motels ...................... X ..... X 20. Printing and Duplicating Shops .............. X ..... X 21. Restaurants .......................... X ..... X 22. wholesale Businesses and Supply Centers, if accessory to warehousing or distribution uses ............ X ..... X SECTION 7.2 SUPPLEMENTARY REGULATIONS A. BUILDING TYPE kND CONSTRUCTION 3. Business Park District (BP) 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 (50) percent of all wall surfaces. Overlay zones with larger percentages are. indicated below. Any metal finish used in the building shall be a minimum of twenty -sax (26) gauge steel. ...................... . ............ BP -1 .. BP -2 .. BP -3 BP -4 .........................................100% * ...100% * 100 % for all surfaces facing a public right-of-way, Public or residential uses or districts. Setbacks would be the same as current Industrial Park District (IP) standards. B:111 -09-93.04a Page 3 of 4 Regular Planning Commission Meeting November 9, 1993 Item 4a. REcoMNENDAMN MOTION to recommend that the Planning Staff forward the Business Park standards to the City Council in Ordinance form for consideration; - AND - MOTION to recommend that the City Council set a date for a public Hearing to hear testimony for consideration of the ordinance text amendment. B A11 -09-93.04a Page 4 of 4 r �nnmtntnt malt' tlttt111161 INIU111u IN /•1 mtnuml llns� X11- �1� �UL.,r��� 1�. ► O' .� _Ii�nnnBill 1 F=12 1111musURSms N-5son Mn tm IS MEN � N Grp 1 � Y N �. �� i �� ■ . N N w �� iirrrltl _ not � ■ M so w ���:IIIIIIIV ; W■1 ►tnrruwl►lG.tuunus _, � �iitltrttrtr111r■ � ^���/� �C ■nnnnnn. Irn■ss■■ at � : • Inn nsnn■■■r■t■■u r �■ s; ..: is r i...■v: env 0iam MADri t' f P. Public Notice TELT AMENDMENTS TO CITY OF ROSEMOUNT ZONING ORDINANCES (Business Park District) TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to consider the items listed below on Tuesday, December 7, 1993 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider text amendments to the Ordinance B - City of Rosemount Zoning Ordinance for the establishment of a Business Park District, including a listing of permitted uses and development standards with building materials and setbacks. Copies of the proposed amendment are available for review and comment at City Hall located at 2875 145th Street West, between the hours of 7:30 a.m. to 4:00 p.m., Monday through Friday. Persons wishing to speak on these proposed amendments are invited to attend this public hearing on Tuesday, December 7. 1993 at 8.00 p.m. Dated this 5th day of October, 1993. Susan M. Walsh, City Clerk City of Rosemount Dakota County, Minnesota MOUNT BUSINESS PARK - 340370065010 348005000030 MINARY PLAT MILWAUKEE LAND CO REGENTS OF U OF MN ING LIST 547 JACKSON BLVD W STE 1510 335 MORRILL HALL % CMC REAL EST CORP BOX 6205 100 CHURCH ST SE CHICAGO IL 60680-6205 MINNEAPOLIS MN 55455-0110 380015010 0 ROCK ISLAND & PAC RR 20 LA SALLE STATION -AGO IL 60606 331001010 NON AUSEN OTT HALL U OF MN #348 NEAPOLIS MN 55455 340281050011 REGENTS OF U OF MN 335 MORRILL HALL 100 CHURCH ST SE MINNEAPOLIS MN 55455-0110 340321001010 ROY E & LAURA A ABBOTT 4455 LAKE ELMO AVE N LAKE ELMO MN 55042-9506 340370065010 MILWAUKEE LAND CO 547 JACKSON BLVD W STE 1510 % CMC REAL EST CORP BOX 6205 CHICAGO IL 60680-6205 340321025011 HAROLD & ANNA L WACHTER 15400 CHIPPENDALE W ROSEMOUNT MN 55068-1529 321009010 340321015010 8 IALD & CAROL WACHTER DONALD & CAROL WACHTER 47 BISCAYNE AVE W 15247 BISCAYNE AVE W EMOUNT MN 55068-1616 ROSEMOUNT MN 55068-1616 PUBLIC NOTICE TEXT AMENDMENTS To : CETT OF ROSEMOUNT ZONING 0Rt11NANCES mashow TO WHOMIT Y CORN: NOTICE IS HEREBY GIVEN, the City pCuouuncil of the City of Rosemount will hold a Mewbearing to consider the items ow one lLesday, December 7, 1993 in the Council Chamber of the City Hall, 2975115th Sheet Wed, beginning at s:oo p.m. or as soon thereafter as possible: ' k'% —o— The purpose o( this hearing is to consider text amendments to the Oh1heenm B . Gtr of Rosemount Zoning Ordtnsaee for the estab- lishment of a Business Park Distrlct; inrlud. ung a listing of permitted uses and develop. meat standards with building materials and setbacks. Copies of the proposed+ amendment are available for review and comment at (Sty Hall located at 2875115th Street Weal, between the bows of 7:30 a.m, to 4:09;p.m., Monday through Friday. Persons wishing to speak on these propos- ed amendments are invited to attend this public hearing neo TwrMp, DscwAw 7,1993 sr tk00 P.,a ? - Dated this 16th day of November, 1993. /s/ Susan M. Walsh, City Clerk', Ci ly of Rosemount r- `--% Dakota County. Minnesota 330 _ AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS County of Dakota ) NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02,331 A.07 and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once suosessiva weeks; it was first published on Thursday, the y of N Qy�ivr��i 19 q5 , and was thereafter printed and published on every Thursday to and including Thursday, the day of '19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: aIx'delahiiklmnolxpNiuvwxt z Subscribed and sworn to before ^ this 18 day of 1 V �� . 19 -1 Notary Public CAROL J. HAVERLANL NOTARY PUBLIC - MINNESOTA DAKOTA COU14TY * C&,WMUW Expires Dec. 3.1995 eity of (Rosemount PHONE (612) 4234411 2875 • 145th Street West, Rosemount, Minnesota FAX (612) 4235203 Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068-0510 Affidavit of Posted Hearing Notice TEXT AMENDMENTS TO CITY OF ROSEMOUNT ZONING AND SUBDIVISION ORDINANCES STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss CITY OF ROSEMOUNT ) Susan M. Walsh, being first duly sworn, deposes and says: MAYOR Edward B. McMenomy COUNCILMEMBERS Sheila Klassen James (Red) Steals Harry Willcox Dennis Wippermann ADMINISTRATOR Stephan Jilk I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On November 18, 1993, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, Rosemount, Minnesota, a copy of the attached notice of a Public Hearing for consideration of text amendments to Ordinance B - City of Rosemount Zoning Ordinance and City of Rosemount Subdivision Ordinance regarding specific requirements for and establishment of a Business Park District as outlined in said notice. Susap'M. Walsh City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this � day of i (gily of Rosemount PHONE (612) 4234411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 4235203 Mailing Address: Edward B. MoMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen Public Notice James (Red) Staats Harry Willoox Dennis Wippermann rte,Li 1 xT AMENDMENTS TO ADMINISTRATOR Stephan Jilk CITY OF ROSEMOUNT ZONING ORDINANCES (Business Park District) TO WHOM IT MAY CONCERN: NOTICE Is HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to consider the items listed below on Tuesday, December 7, 1993 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider text amendments to the Ordinance B - City of Rosemount Zoning Ordinance for the establishment of a Business Park District, including a listing of permitted uses and development standards with building materials and setbacks. Copies of the proposed amendment are available for review and comment at City Hall located at 2875 145th Street West, between the hours of 7:30 a.m. to 4:00 p.m., Monday through Friday. Persons wishing to speak on these proposed amendments are invited to attend this public hearing on Tuesday, December 7. 1993 at 8.00 p.m. Dated this 16th day of November, 1993. amity or xosemount Dakota County, Minnesota 6verylAing s coming (Up RosemounlY t INCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, NIN 55401 612.339.3300 6 December 1993 Mayor Edward McMenomy City of Rosemount 2875 - 145th Street Rosemount, MN 55068 Dear Mayor McMenomy: Muller Family Theatres has requested that our firm, Dahlgren, Shardlow, and Uban, Inc., a co ti� planning and landscape architecture firm, review the first phase development concept for th Busutesa Park urrently owned by the Rosemount Port Authority. At the onset of our review, it was our understanding that the current Industrial Park District is to be replaced by the Business Park District, therefore, our review is based on the zoning classification of the Business Park District for the above mentioned property. In order to establish background for our review, it was important for us to first visit the language that makes the intent of this District clear. The Business Park District's purpose and intent definition states that: "This district is intended to accommodate new, modem, high performance, limited industrial uses and accessory retail and service uses. Overlay zones with locational criteria will also allow entertainment and service oriented commercial uses, office/showroom and other uses with high performance standards that will provide a transition to residential uses." One such overlay zone, as mentioned within the Purpose and Intent Section is the Business Park - 2 Overlay Zone. This district states: "This zone permits destination, entertainment or service related commercial, office or planned industrial uses including all uses allowed in the Business Park - Overlay Zone. The zone is adjacent to General Commercial uses or has proximity to major or minor arterial streets. No outdoor storage is allowed." Given the purpose and intent of this type of a business park and of the overlay district, the proposed theater is an appropriate permitted use within this zone. Our research has, however, extended beyond the determination of whether or not a theater is simply a permitted and appropriate use within the Business Park District. We have also conducted research into similar multi -use type business parks that contain movie theaters as a permitted use, in order to investigate the wisdom and practical first-hand experience of such developments. A number of such developments do exist throughout the metropolitan area. Mayor McMenomy 6 December 1993 Page 2 Of the the many theaters that exist in a multi -use type development, three such developments were selected for our research. These are all very similar in concept to the development proposed for the Rosemount Business Park. The three we would like to review include Shelard Park Development, Centennial Lakes Development, and Maple Grove Business Development. First, Shelard Park Cinemas 5, which is part of the Shelard Park Development, is located in St. Louis Park and is in an area zoned as C-2 General Commercial. Upon reviewing the purpose of this ordinance, its intent states it is "to provide space for community facilities and institutions that appropriately may be located in commercial areas; to provide adequate space to meet the needs of modern commercial development". Some examples of permitted uses within this district include, but are not limited to, medical and dental offices, business and trade schools, service facilities, transition stations, appliance and small engine repair and private entertainment. Shelard Park developed in about 1969 and made use of a master plan concept to guide their development. The Shelard Park Cinemas were approved and added as a feature to Shelard Park in the mid 1970's. The business park today includes four total office buildings ranging from six to nineteen stories, six different housing projects, a hotel, fitness club and the theater complex. In a conversation with a city planner for the City of St. Louis Park, the uses work well together in a number of key ways. This includes the shared parking that many of the businesses have. For example, the office and business peak hours are very different from that of the theaters and nearby restaurants, which helps to extend the hours that the business development is used on a daily basis and to take advantage of shared parking. A second theater, the Willow Creek Theater, was constructed north of the Shelard Park development a short time ago, and also enjoys much success. The second such theater positioned in a business park is the Centennial Lakes Cinemas 8 which is part of the Centennial Lakes development. The Centennial Lakes development is located in Edina and is zoned Mixed Development District 6. The types of permitted uses within the Mixed Development District 6 include buildings not containing fewer than ten dwelling units, publicly owned or operated civic or cultural institutions, offices including business and professional offices, hotels, and all principal uses in their PCD -1 and PCD -2 subdistricts (with a few exceptions). The PCD -1 and PCD -2 includes an additional 90 -plus uses, including recreation establishments, service, retail and office uses, and movie theaters. The overall concept of the Centennial Lakes development is clearly for a spectrum of mixed uses. Based on a telephone conversation with a planner from the City of Edina, the uses that are in existence have worked very well together. Centennial Lakes began development in 1989 with Phase I. Phase I included office and medical, retail, housing and the Centennial Lake Cinemas. The cinema was an integral part of the formula and was strategically placed toward the front of the development on a major roadway (it fronts France Avenue). The visibility of the theater helps perform a critical element of commerce generation for the Centennial Lakes development. The Centennial Lakes Cinemas also use the concept of shared parking with the complimentary uses adjacent to it. It was also reported by the same city planner, that while the Yorktown Theaters are less than a half mile away, this was not an issue at the time of the development of Centennial Lakes Cinemas and that the City has not received negative comments regarding the proximity of the two theaters. The third and final theater and multi -use development researched was the Maple Grove Cinema 8, which is part of a business development. The development is located within the City of Maple Grove and it in an area zoned as a Business District. This district is, as stated within the Maple Grove Ordinance Code, "to permit retail sales and personal service business". While this is a fairly broad statement, some of the existing uses include medical and dental clinics, a 102,000 square -foot super market, financial institutions, business offices, an auto. service garage, and a newly constructed real estate office, which is adjacent to the theaters. The theaters located in this multi -use business district front a major roadway (Interstate 94) indicating that their visibility is also seen as a Mayor McMenomy 6 December 1993 Page 3 business district front a major roadway (Interstate 94) indicating that their visibility is also seen as a key to generating activity and commerce into the business park, hence, contributing greatly to its viability and overall success. Demonstrative of the success of the theater itself, is the 1993 addition of two more screens to the existing eight. Through our research, we have reviewed a number of multi -use developments that include movie theaters as a key component. Our research and experience provides documentation that the theater is a compatible use within the Business Park District. The location of theaters in multi -use business parks is important in their ability to provide the visibility needed for the entire business park. They are traditionally located toward a collector street and serve as a landmark for the business parks, which generate traffic. They also make efficient use of the land by their ability to share parking with complementary noncompeting uses. Excellent examples of this include the Centennial Lakes Development, Shelard Park, and the Maple Grove Business District Development. A map is enclosed which locates the previously discussed theaters, as well as some others that are part of multi -use developments. Adhering to the purpose and intent of the Business Park District zone for the Rosemount Business Park will result in a full range of services which will serve to draw traffic, people and additional businesses. With the right mix of business and good planning, the effect can be more than co -existence. The development of the business park will serve as a positive influence to the City of Rosemount and will: ■ provide the stepping stone to a thriving business park with complementary uses that makes effective use of the land and, ■ provide visibility and site identification necessary to help the site be identified as a regional location which will in turn help to attract many other businesses and, ■ draw people and additional businesses to Rosemount. Rosemount is putting into place today a good strategy by incorporating the theater in phase one of the development. Sincerely, DAHLGREN, SHARDLOW, AND UBAN, INC. �l C. John an, Principal Enclosure MULLER FAMILY THEATRES 4940 - 54th Street N.W. Maple Lake, MN 55358 December 7, 1993 The Honorable Edward B. McMenomy Mayor City of Rosemount 2875 - 145th Street West Rosemount, MN 55068 Re: ygpsits Prk/Iovie Theatre Project Dear Mayor McMenomy: Muller Family Theatres is pleased to support the Planning Commission of the City of Rosemount and the Rosemount Port Authority in their requests for a text change to the Rosemount zoning code for the purposes of establishing the Business Park zoning classification in the City of Rosemount. Since August 3, 1993, when the Port Authority chose us as the developer for the movie theatre complex to be located within the first phase and as the first developer within the City's Business Park, we have been working closely with the Port Authority, and the Planning Department staff, have prepared development documents, negotiated the terms of the purchase agreement of the property and anticipated a marketing strategy for the theatre project and the Business Park, all in anticipation of the approval by the City Council of the Business Park zoning. We have anticipated this change in the context of challenge from our movie theatre competitor, GTI, who is apparently proceeding to construct another movie theatre in your City. With regard to this competitive environment, the City stated its desire to maintain a "level playing field". Whether the City has maintained the level playing field that it had desired to create it remains to be seen whether or not the City's attempt not to favor one developer over another has succeeded. In anticipation of the public hearing in connection with the approval of the text amendment change, we would like you to consider certain information which we feel is relevant. The Honorable Edward B. McMenomy December 7, 1993 Page Two First, we believe that the City's vote tonight is a confirmation of a process which was begun over one year ago and most recently on August 3, 1993 when the Port Authority requested and the Council approved the acquisition of the Abbott property which is now the Business Park property. Approximately one month ago, after issuing the general obligation bonds necessary to acquire the Abbott property, the Port Authority closed on the property and now owns this property. Well in advance of the Abbott acquisition, the City approved the designation of this land under the comprehensive guide plan which was recently reaffirmed and ratified and amended last month on November 8, 1993 by the City Council. Your planning commission considered all of the options available to it, including the issue of the desirability or appropriateness of the inclusion of a movie theatre in the uses permitted by right and determined that such a use was compatible and, in fact, encouraged. To support this position, we retained the services of Dahlgren, Shardlow and Uban to study the question of the desirability of inclusion of the theatre within the Business Park and to identify complexes within other municipalities. I have attached a copy of that letter which is addressed to you. In numerous communications and appearances before the Port Authority, we have ratified our intention to construct the movie theatre on our designated parcel within the Business Park. We once again emphasize to you that it is our intention to build this theatre complex even if our competitor proceeds as well. We have contacted our lender, First American Bank, who has indicated to us that they are ready to proceed to a closing and that they are willing to fund our project even if there is another theatre located within the City of Rosemount, as is currently anticipated. The only thing which stands in the way of the development of our theatre would be a no vote rejecting the text amendment change. This change breaths life into the Business Park. We have relied upon what we had anticipated to be the certainty of the creation of this Business Park. It is in all respects consistent with the Comprehensive Guide Plan, the actions of the City Council, the actions of the Rosemount Port Authority and the actions of the Rosemount Planning Commission. We have invested a considerable amount of time, effort and monetary resources in this project from the day the City and City officials asked us to consider Rosemount as the site of our next theatre. The Honorable Edward B. McMenomy December 7, 1993 Page Three In addition, we also want you to know that this site and the Rosemount Business Park are unique sites for the Theatre. A denial of the text amendment will essentially preclude us from competing within this trade area. Truly, while we wish that we would be able to service Rosemount without the challenges imposed upon us by our competitor, quite frankly we look forward to this competition. It is somewhat ironic perhaps that our competitors, until several weeks ago, would have been standing astride us requesting the adoption of this Business Park text amendment change. It is only because of the City's affirmative vote removing the competitor's property from the Business Park that they too are not here arguing the case of the text amendment change. The City's personal efforts to maintain a level playing field will rest in your decision for now. We hope that the City Council makes the right vote this evening. That vote is to affirm and ratify a decision which it had put in place many months ago. We respectfully request affirmative vote to support the zoning text change and create the Business Park designation for the betterment of Rosemount and for the commerce it will create for the citizens and taxpayers of Rosemount. We look forward to serving this community in fine tradition as we have other communities. Sincerely yours, MULLER FAMIILY THEATRES C By Robert Muller MIJLLER FAMILY THEATRES 4940 - 54th Street N.W. Maple Lake, MN 55358 December 7, 1993 Mr. John Miller Economic Development Coordinator City of Rosemount 2875 - 145th Street West Rosemount, MN 55068 Mr. Ed Dunn Chair, Rosemount Port Authority City of Rosemount 2875 - 145th Street West Rosemount, MN 55068 Re: 'Budims Park/MSvie Theatre Project Dear Mr. Miller and Chairman Dunn: VIA - MESSENGER We understand that there is an agenda item for the Rosemount Port Authority meeting scheduled for December 7. We would like to have you consider during the discussion certain things that we think are important to discuss as this time. First, we would like to have you discuss the timing on the closing of the property. Since last spring when we contacted you and you invited us to consider Rosemount as the site of a new theatre complex, we have been waiting for the Port Authority and the City to select and make ready the property you agreed to sell to us which would anchor the Business Park and provide us a site to build our movie theatre. We understand through Dave Simons that the ten acre parcel purchasing from the Port Authority will be known as Lot 1, Block 1, Rosemount Business Park. The evening of December 7, 1993, we anticipate that the City Council will approve the preliminary plat for the Business Park and with that we should get a legal description of the property. Our attorney, Dan Tyson, and your attorney, Mike Miles, have negotiated the majority of the provisions of a purchase agreement and we would like to have discussion on when the signing could occur. In fact, we would like to have the purchase agreement completely negotiated, approved and signed at the next Port Authority meeting. Mr. John Miller Mr. Ed Dunn December 7, 1993 Page Two Second, we would like to work very closely with your marketing committee to develop a plan to market the Business Park and, of course, the theatre. We have worked with and helped other municipalities in joint marketing efforts and look forward to working with you in that regard. Third, I would like for the Port Authority to discuss and to identify which of your members will be a spokesperson for the Port Authority at the City Council meeting tonight when the text amendment vote is taken with regard to the Business Park text amendment. We think that the Port Authority is the party with the greatest amount of interest in seeing that the Business Park zoning text amendment passes. To that end, we encourage you by a Port Authority resolution, to support the passage of the text amendment change. It is our hope that the Port Authority address the last point. As we have stated time and time again, we are very pleased to have been chosen as your developer for this movie theatre complex. We know how important passage of this text amendment is to you as its director and chairperson, respectively. You also know how extremely important it is to us. Without this text amendment change, there will be no Business Park. Without the Business Park, your promise to us as your developer cannot be fulfilled. We will stand by and support the Port Authority's resolution of support of the text change, as now before the Council, as your developer and also as the first developer in the Business Park. You should also know, as we have said before, that we intend to build a movie theatre in Rosemount. We intend to take all steps necessary to make that happen. We are not concerned that GTI is also apparently on the same track for development. We believe that our product, our management, and our commitment to the community will serve Rosemount well. Our company and our lender are firmly behind us in our goal to operate a theatre in Rosemount. The movie theatre industry is a competitive environment and we are very successful competitors. As always, we look forward to working with you in this project. Sincerely yours, MULLER FAMII.Y THEATRES By l --? AV3"e-� Robert Muller LU_, �yQ.ccto pan, Lo a 6-t o cc- ., �i G 10 to -6/"t/, ROSEMOUNT PORT AUTHORITY COMMISSION Business Park Promotional Subcommittee 3rd Meeting - November 29, 1993 The third meeting of the Business Park Promotional Subcommittee was called to order at approximately 2:05 p.m. on November 29, 1993 at the Rosemount City Hall. Economic Development Coordinator John Miller and Subcommittee members Ed Dunn, Joan Anderson and Kevin Carroll were present. 1. Interns Joan Anderson reported on her progress in obtaining information regarding the possibility of obtaining assistance from education institutions. Dakota County Technical College may be able to help in two ways. First, Mr. Tom Trutna, who is involved with the Small Business Development Center at the College, agreed to send us a packet of information regarding the Center's activities, and he may be able to refer businesses to us that are interested in locating in Rosemount. Second, the College has a faculty member who has experience that may be useful to us. Ms. Joanne Simmons is a business marketing instructor at the College, but in the past she has apparently served as a consultant for private businesses with respect to promotional and marketing activities. Joan agreed to contact her in order to determine whether she would be interested in meeting with the Subcommittee, possibly after the Port Authority meeting that is currently scheduled for Tuesday, December 7, 1993. Joan Anderson also reported that the University of St. Thomas has internship programs at the undergraduate and graduate levels. Students in the undergraduate internship programs must apparently complete up to eighty hours of work during their internship, and the internship would not result in any expense to the City, other than whatever time Mr. Miller would have to devote to supervising or directing the intern's work. The next internship period would begin in January, and December 3, 1993 may be the City's deadline for contacting the school to express an interest in becoming involved in the internship program. Mr. Miller agreed to contact the school to obtain more information about the program and, if necessary, to prepare and submit whatever information the school may require regarding the work that the intern could or would be doing for the City. Finally, Joan Anderson indicated a willingness to obtain information from other education institutions, including Rasmussen Business College, Inver Hills Community College, or Carlson School of Management, but the Subcommittee agreed that the possibilities referred to in the preceding paragraphs should be pursued before we begin working with any additional schools. 2. 1994 Commercial Real Estate Exhibition Kevin Carroll conveyed the information that he had obtained regarding the Fourth Annual Twin Cities Commercial Real Estate Exhibition. It will be held at the Minneapolis Convention Center on Wednesday, April 13, 1994, from 3:00 p.m. to 7:30 p.m. It is sponsored by the Commercial/ Industrial Division of the Minneapolis Association of Realtors. The Exhibitors at last year's Exhibition included the following municipalities: Anoka, Burnsville, Chaska, Cottage Grove, Farmington, Hopkins, Maple Grove, New Brighton, Oakdale and Woodbury, along with the St. Paul Port Authority and various privately -owned business parks. The City of Rosemount could get an 81x10' booth at the Exhibition for $325.00 if arrangements are made After that date, the cost increases Coordinator is Kay Luthner (933-9020). put this item on agenda for the next that a decision can be made regarding in this Exhibition. prior to January 1, 1994. to $375.00. The Events The Subcommittee agreed to Port Authority Meeting, so whether to become involved Joan Anderson also mentioned that her business had a booth or some display material that the City could use at the Exhibition, and it was also mentioned that we could possibly use items from the Exhibit that the City has used at the Annual Dakota County Expo at the Technical College. 3. Professional Consultants/Realtors Kevin Carroll conveyed the information that he had obtained regarding the availability of mailing lists, which could possibly be obtained and used when the Subcommittee or the Port Authority is ready to begin distributing written promotional material regarding the business park. The Minneapolis Association of Realtors has 4700 members on its mailing list, and the cost would be $275.00 plus tax. That organization has a subdivision known as the Organization of Commercial Realtors (OCR), which has approximately 500 members on its mailing list. That list could be obtained for $100.00 plus tax. The lists can be organized alphabetically or by zip code. The St. Paul area Association of Realtors has a subdivision known as the "CIMLS" (Commerical/Industrial MLS). There are about 100 members on this mailing list, and the cost would be $30.00 plus tax. Next to Minneapolis and St. Paul, the next largest groups of realtors are apparently the Anoka County and Dakota County organizations, and Kevin agreed to obtain information regarding the cost and availability of mailing lists from those organizations. 4. Economic Development Coordinator's Report Mr. Miller provided the Subcommittee with a report on the Sensible Land Use Coalition meeting that he at Among other things, the speakers were apparently in agreement that private developers are no longer interested in initiating large-scale business park projects, and that municipalities have therefore taken the lead in initiating and pursuing such projects. Mr. Miller also provided the Subcommittee members with copies of brochures that have been prepared and distributed to promote the Park Ridge Business Park in Champlin and the Cannon Falls Industrial Park. Mr. Miller pointed out that the Cannon Falls publication was jointly funded by Contel, Dakota Electric Association, Northern States Power and Peoples Natural Gas. LaDonna Riste at Peoples Natural Gas has indicated to Mr. Miller that their company would consider contributing to a similar publication regarding the Rosemount Business Park. Mr. Miller agreed to make preliminary contacts with Dakota Electric, NSP, Koch, USPCI or other organizations to determine their interest in making similar contributions. Ed Dunn agreed to contact the Cannon Falls Chamber of Commerce and/or the Cannon Falls EDA in order to obtain more information regarding their business park promotional activities. The meeting was adjourned at approximately 3:10 p.m. Respectfully submitted, Kevin Carroll Recording Secretary