HomeMy WebLinkAbout4.f. Set Public Heating for Zoning Ordinance Text Amendment - AG Preserves & on Site Septice Systems � e
G�ty of Rosemourzt
F�ecutive Summary for Action
City Council Meeting Date: Ma.�, 1993
Agenda Item: Set Public Hearing for Zoning Ordinance Agenda Section:
Te�t Amendment regarding AG Preserves & CONSENT
On-Site Septic Regula.tions
Prepared By; Lisa Freese Agenda No���p A � )�
Director of Planning �y� y"
Attachments: Hearing Notice; Existing Standards; Proposed Appr ed y:
Ordinance No. B-28. �,;�,
The Metropolitan Council has requested that all cities verify that the' or ' ces are in
conformance with the Metropolit�n Agricultural Preserve Act. This act requires that any pro�rties
enrolled in the program be properly zoned and that zoning allow a density of 1 per 40. In
reviewing the City's ordinance to determine conformance, it was identified that the minimun densit�
requirement was inconsistent with the .Agricultural Preserves Act. In the exi.sting ordinance a
minimum density of 2.5 acres is allowed. To be consistent with the Ag Preserves Act, C!x
mini.mum density should be 40 acre�.
In the administration of this ordinance the City is currently being consistent with that policy. As
you will recall, when the Knodt's split off a 2.5-acre parcel from a pmperty enrolled in Ag
Preserves they were required to rezone the smaller nonqualifying property to Agriculture (AG). A
� density transfer is not an appropriate application in the Ag Preserves district. In order to clear up
this conflict in the zoning ordinance prior to submittal to the Metropolitan Council, staff is initiating
an amendment to conect the minimum allowable density from 2.5 acres per unit to 40 acres per unit
in the Agriculture Preserves district.
In reviewing the compliance with all required regulations, staff also identified tha.t Section 14.6, On-
site Sewer Requirements, were not referencing the current state and county standards. Section 2 of
this proposed ordinance has been reviewed by the building inspection staff and, has been corrected
to reference the appropriate Minnesota PCA and the Dakota County Department of Environmental
Management's regulations.
The Planning Commission reviewed this proposed amendment at the Apri127 Regular Meeting and
recommended approval. A public hearing is required prior to adoption of the Ordinance. Staff is
recommending that the City Council set a public hearing on this amendment for the May 18 regular
meeting.
Recommended Action: A MOTION to set a public hearing for the proposed Zoning
Ordinance Text Amendment regarding Agriculture Preserves and On-Site Septic Systems on
May , 1993 at 8:00 p.m. or as soon thereafter as possible.
Pla Commission Action:
OS-0493.003
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i��� o osemoun� �
PNONE (812)4234411 2875-145th Skeet West,Hasamount,Minnesota MAYOR
FAX (612)423�5203 M�i�g addreaa:
Edward B.N�lenomy
P.O.Box 5t0,Ro�mourtt,Miones�a 55088�0510 COUNCILMEMBEA5
Sheila Kieaeert
James(Red)Staats
Public Notice "�"'"�°"
o�,�,�s w�m,a��
ADMINiSTRATOR
Stephan Jinc
ORDINANCE B, CITY OF ROSEMOUNT ZUNING ORDINANCE TEXT AMENDMENT
An Ordinance Amendm+ent Affecting Dimensional Standards
in the Agriculture Preserve (AGP7 District
and Clarification of Private On-site Septic Standards
TO WH+�M IT MAY CONCERN:
NOTICE IS FIEREBY GIVEN, the City Council of the City af Rosemount will hold
a public hearing on Tuesda.y, Ma.v 18. 1993'in the Council Chambers of the City
Hall, 2875 145th Street West, beginn.ing at $:00 p.m. or as soon thereafter as
possible.
The purpose of this hearing is to receive public input an.d comments on a pmposeci
text amendments to Ordinance B - City of Rosemount Zoning Ordinance. At this
Publie Hearing the City Councii will consider changes to the text of Ordinance B -
Ciry of Rosemount Zoning Ordi»ance regarding the Agriculture Preserves District
and on-site septic system standards. The proposed text modifications wiil establish �
site dimensional standards for those properties situated within the Agricultural
Preserves Zoning District that are in compliance with requirements of the
Metropolitan A.rea Agricultural Preserves Act, Minnesota Statutes, Chapter 473H.
Also, further ciarification of private on-site septic system standards is being
proposed that will bring the City's ordinance into compliance with State and County
regulations. '
Persons wishing to speak on the praposed amendment are invited to attend this
meeting on Tuesday, May 18. 1993 at 8;00 .�m. Written comments will also be
accepted prior to the meeting date. Please forward all comments and inquiries to the
City of Rosemount Planning Department.
Dated this 4th da.y of May, 1993.
Susan M. Walsh, City Clerk
City of Rosemount
Dakota County, Mirtnesota
('�ver���iregs �omiveg �(1(.�i �osemounl��
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� � .t��«weeowoM . � . .
EXISTING r �
4RDINAN�E
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OF ROSEMOUNT ,
� ORDII�TA.1tiTCE I�TO. B-2O I
AN ORDI1�TAhTCE AMENDJI\TG ORDIN��TCE B '
CITI' OF ROSIIVIOUl�"T Z4I��TG ORDIltiAI�'CE �
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
FOLLOwS:
SECTIO:�T 1. Section 3.2 D�nitions of Ordinance B • Ciry of Rosemount Zoning
Ordinance is amended b}� addin�the folloa�in�:
t De th The shortest distance betc��een the front and rear lot lines, measured at the
side yazd setback line of the shortest side lat line.
I,ot Line Rear Any boundary of a lot R�hich is opposite the front lot line. If the
rear lot line is less than ten (10) feet in length, the rear lot shall be a line ten (14) feet
in len3th a•ithin the l�t, connectinQ the side lot lines and parallel to the front 1ot line.
Lot «'idth The a�idth meazured alon; the front}�ard setback line.
SECTIO?'`' 2. Section 7.1 Dimensional Standards of Ordinance B, Cit�� of Rosemount I�'I
Zonin; Ordinance is amended to read: � I,I
Aiinimum Lot Size (ftl Tlinimum Yards (ft) Other Standards �
rs�,�' ns�B�ag rs,��' cvos� I
DiKrieta Zunej RSdtht�) �1r�aa Dcpeh Front Sdd' Rnr • Den�itr Hc(!t) Co�rr Uait(st1 �
+ AG _ N/A 300 � SO 30 30 ( 1110 At SO N/.+. I�:A
AG•P N7R 300 _.SAC SO 30 3Q 1/:OAC SO Ntp 1!A
RR N/A :OC _. 60 30 50 1I5 AC 35 7:lA AIA
RL N.'A 110 _0.000 iS0 30 15 30 IT/A 35 30w !r?A
R-1 NtA SO ]O.00Q" 1�5 30' t0 30 K/A 35 30Se N!A
R•2(S� N/A 100 1_.OQO i_0 30° 10 30 61AG 35 30Sc N!A
(3+� N/A 120 IS.00a ISO 30' 30 30 61AC 33 ?SSr K!A
R-3 N!A 350 :?S00 150 3W 30 30 IS'AC 35 75T S�
R-: N!A ISO __.500 150 30' 30 30 40;AC 35 75A SQO
C-1 1 AC' 150 15.000 125 30� 10` 1C 1vtA 35 75Sc N/A
C-?(CBD) N!A N/A N/A N/A N!A NtA N/A 55 N!k N!A
C-3 .5 AC 1:0 0.5 AC 30y iQ` 10' NiA 35 75S .\I,S
C—: 1 AC 130 20,000 30° 10` 10` NIA 35 75Sc N1A
IP •.S AC 1vU -0.S AC 30 30' 30' NU �LO 75'� h/A
WA1 10 AC NM 5.0 AC 75 50' SO' IZJA 75 SOSc N/A
IG 10 AC N/A S.0 AC 75 SO' SO' N/A ?S 504c T:/A
P N/A K/A N/A 30 30' 30' N/A 40 75Sr. T3/A
- F1V ?�!A N/A N/A N/A N/A h/A 1�1A N!A IilA htA
t For additioml rcquiremrnu refer w Seccioo 7_.Suppl«ncntary Reguktions;Scction 8.OCf-avcct
Parkiag:�nd Section 9.Speeial Over2ay Resufcuons.
' Unleu coatiguous tc aa existing such disvict
' 71�rce t3)eem++••:G*+,um zoae siza
' 300 feet width u�d 5-acro lot iize minimum w•hen iat�d ia not planed.
° Refer to Seetion 7:C.3.a.for ewblished front yards.
` 30.foot miaimum�ide or rear yard wherc abutting m'R'D'uvict
' Refer tn Seetion 7.3 C.2.e.for buildinga exceoding 35 feet in height.
- ' lioitstGross Acre. , . --
. ' Ineludea awemrcs.pavrd parl:ing aren.and other impervious surfacu.
• w See Section 7.2 C�.a.aad 7.2 C�.b.
� " Comer Lou in R-1 ahall have a minimum of 1..000 aquare feet in nres.
+ A 8. F.accavation, including ex,cavadon for building fouadations and earth gradin�
9. Private 'sewer installation, repair, P�P�B and hautin� and
� 10.Fencing.
:,,;� & Proof of State i,icease Before any person sbatl engage in any�Of thc folla�ving businesses
withia the City of Rosemouat,he sball file proof with the `Cle�k of cnmpliaacx with
all staEc licxnsing requisaments:
1. Plnmbing worl� '
2 Electrical worl�.
3. Building mover, .
4. Steam &tier;
" 5. Wett driller, and '
6. Water �nditioner iastaller or contractor.
r 5��4� APFfications, fees aad conditians for licensiag are estabtished bY �P�
ordinance. All informatioa may be obtained through the office of the C'aty Clerk.
SECi'ION 14.6 ON-SiTE SEWER REQUIREMENTS
Standards for the installation aad repair of individual on-site sewer systems are esiahlished by
the M'innesota Pollntion Control Agency. Cotnmonly referred to as"WPC-40," these standards
are herein adopted by reference.
- A. Permit Reanired No �rsoa shall install, repair, alter or PnmP an on-site sewer system
without first obtaining a permit as pravided herein. Agplicatioas, provided by the City,
� must be completed in writing prior to issi�aace of a permiG Permii fees are estabiished
by"resolution of the City Councs�.
B. License Reauired Installation, repair, pttmping and haulin8 of private oa-siLe sewer
systems requires licensing per Section 14S of this ordinance.
G �tgquired Cond.itions
L Soil pezcolation tests must be completed by an independent part and must be favorable
for the operation of an on-site sewer system before a permit will be issued
2. Installations, alterations, repairs and mainteaance shall be performed in accordance
with the latest "WPC-40" standards published by the Miaae.sota Pollution Control
�°►SencY•
3. No private on-site sewer system shall be permitted oa aay site less than 2.5 acres.
SECTION 14.7 GRADING PERMITS
A. Permit Reauired No person shall excavate, fill, dig, raise or lower or othervvise alter the
surface of the earth withaut fust obtaining a permit as required uader Serxions 9-2-1 and
9-2-2 of the City Code of the Ciry of Rosemount and as further provided for herein.
Applications, provided by the Ciry, must be completed in writing prior to issuaace of a
permit. Permit fees are established by resolution of the City CounaL
B. License Reauired Excavating, filling or any other type of earth moving requires licensing
per Seciion 14S of this ordinance.
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PRUPQSED ORDII�ANCE s- � '�
City of Rosemount
Ordinance No. B-28
, AYv 4Rvnvar�c� A�vnnvG URnnvArrcE B ''
CITY OF ROSEMOUNT ZONII�TG ORDINANCE
. THE CI"TY COUNCIL OF THE CITY OF ROSEMOUNT, MI�+INES()TA(JRDAIIVS AS
_ FOLLOWS: _
_ �'r[ON 1. Section 7 DISTRtCT DEVEi.4PMENt' #i�Gt7LA,'['tOtvs of�rdinar►ce B - City , �
" of Rosemount Z�ning Ordinance is amended ta read as foliows:
SEGTION 7.1 �IIMENstoNAL STANDARDS
A. . :
�Iinimum Lot Size {ft) �imum Yards �ft) Uther Standards
MaacSm�a Mmc B� Maa I.�9 GUOS!
I1}etrkts ZoseZ �Vt�6<lt) Mea DePth F►oat Sider� Rmr D�ty Ht{it) Cever Unit(efl
�
AC3 N1A 3� 2.SAC 50 30 30 i/iOAG SO N/A N/A
AG-P N/A 3Q0 40 AC SO 30 30 1/40 AG� �� SO N/A N/A
RR N/A 2004 2.5 AC° 40 30 30 I15 AC 35 N/A N/A
RL N/A 110 20,000 180 30 15 30 N!A 35 30% N/A 'I'
R-i N/A 80 1QOOOi� 125 305 10 30 N/A � 35 30% N/A I
R-2(S� NIA lOD 12,000 120 305 10 30 6/AC 3S 30% N!A
(3+F) N/A 120 18,000 150 30S 30 30 6/AC 35 75% N/A
R 3 N/A 150 22,500 150 305 30 30 18lAC 35 759Fi S00
R-4 NJA 150 22,500 150 305 30 30 4UlAC 35 75% 500
C-1 1 AC3 150 I5,000 125 305 �O6 106 N!A 35 75'k N/A
C-2(CBD) N/A N!A N/A N/A NtA N/A N/A 35 N/A N/A
C-3 .S AC 120 0.5 AC 305 106 106 N/A 35 75% N!A
C-4 1 AC 120 20,000 305 106 106 N/A 35 75% N/A
IP 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 S0� i0� N/A 75 50% N/A
IG 10 AC N/A 5.0 AC 75 50� 50� N/A 75 50% N/A
1' N/A N/A N/A 30 30? 30� N/A 40 75SYi N/A
� N!A N!A• N/A N/A N/A N!A N/A N/A NJA NlA
t For additional requiremcnts rcfer w Section 7.2,Supplemantary Ragulatiom:Sxtion 8,Off-atreot
Parkmg:nnd Section 9,Special Overlay Regulationa.
Z Unleas contiguous W an axisting such dietrict.
3 Three(3)acrea maximum zone size.
4 300 feet width md 5-acra lot eiza minimum when land is nM platted.
5 Refer w Seceon 7.2 C.4.a.for eatablished front yarde.
6 30-foot min�um side or rear yard whare abuuing au"R"Dishict
�Refer to Sxtion 7.2 C.2.c,for buiidings exeead'mg 35 fxt m height.
8 Uaitn/(iross Acm.
9 Includea etructures,Pa��Pa�6 ares,and other impervious surfnees. I
��See Section 7.2 C.2.a.aad'7.2 C.2.b.
tt Corner Lots in R-1 s6all have a minimum of 12,000 square feet in area. i'
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SECTION 2. 5ection 14.6 On-Site Sewer Requirements of Ordinance B -
City of Rosemount Zoning Ordinance is amended to read:
SECTION 14.6 ON-SITE SEWER REQUIltIIVII�VTS
Standards for the installa.tion, maintenance, and repair of individual on-
site sewage treatment systems are established by the Minnesota
Pollution Control Agency - Water Quality Division and the Dakota
County Public Health Department of Environmental Nianagement,
commonly referred to as County Ordinance 113 and ISTS 7080. These
standards, in the most current edition, are herein adopted by reference.
A. Permit Rec�uired No person shall install, repair, ar alter an on-
site sewer system without fust obtaining a permit as provided
herein. Applications, provide+d by the City, must be compieted in
writing prior to issuance of a �rmit. Permit fees are esta.blished "
by resolution of the City Council.
B. License Required Installation, repair, and pumping of private on-
site sewer systems require licensing per Rosemaunt City Code -
Title 3, Chapter 4. -
C. R�e� uired Conditions
1. Soil percolation tests must be completed by independent -
licensed septic evaluaxors/designers and must be favorable for
the operation of an on-site sewage treatment system before a
permit will be issued.
2. A minimum of two separa.te potential septic system locations
must be availa.ble and perc tested showing favorable conditions
for a sewage treatment system. The secondary or reserve area
for the septic system shall be ma.intained as "green space° and
shall not be encumbered with structures or hazd surface
materials.
3. No private on-site sewage treatment system shall be permitted
on any site less than 2.5 acres.
4. Shoreland regulation for sewage treatment systems shall be in
accordance with Section 9.1 of this ordinance.
5. Installations, alterations, repairs, and maintenance shall be
performed in accordance with the la.test editions of Ordinance
113 and ISTS 7080 as published by the Dakota County
Environmental Management Depa.rtment and the Minnesota
Pollution Control Agency - Water Quality Division.
t
.. . . � .�_a . ��� �����.
SECTION Thi or '
3. s dmance shall be effect�ve unmediately upon its passa.ge
and publication according to law.
ADOPTED this 18th day of May, 1993.
CITY OF ROSEMOUNT
E.B. McMenomy, Mayor
ATTEST:
Susan M. Wa1sh, Ci Clerk '
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Published in the Dakota County Tribune this day of , 1993.
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