HomeMy WebLinkAbout4.f. Set Public Hearing - Mississippi River Corridor OrdinanceEXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: September 17, 1991
AGENDA ITEM: Mississippi River Corridor
AGENDA SECTION:
Ordinance --Set Public Hearing
Consent
PREPARED BY:
AGENDA REM # 4
Lisa Freese, Director of Planning
ATTACHMENTS: Staff Memo; Public Hearing
APPROVED BY:
Notice; Mailing List, Draft Ordinance
,
U
In, 1980, the City of Rosemount adopted a Mississippi River Critical Area
Plan and Corridor Overlay Ordinance to bring the city into compliance with
state requirements. When the Zoning Ordinance was revised in 1989, the
Corridor Ordinance was inadvertently omitted. Last year staff realized
this omission and brought it before Planning Commission. Apparently it was
never forwarded to City Council. The ordinance was again brought before
the Planning Commission in July, 1991 and they recommended that the Council
proceed with a public hearing. The attached Staff memo provides additional
background on the Ordinance.
Planning staff is completing final editing and would recommend that City
Council set a public hearing for this amendment to the Zoning Ordinance.
The Public Hearing will be scheduled on October 1, 1991.
RECOMMENDED ACTION: Set Public Hearing for the Mississippi River
Corridor Overlay Zoning Ordinance for October 1,
1991 at 8:00 p.m.
COUNCIL ACTION:
(Pity of Rosemount
PHONE (6121 423.4411
2875 - 145th Street West, Rosemount, Minnesota
MAYOR
FAX (612) 423-5203
Mailing Atltlress:
Vernon Napper
P. O. Box 510: Rosemount, Minnesota 55066-D510
COUNCIIMEMBERS
Sheda Kiassen
John Oxborough
Harry Willcox
TO:
Lisa Freese
Dennis Wippermann
ADMINISTRATOR
Stephan J0k
FROM:
Cindy Carlsson
DATE:
September 12, 1991
RE:
Mississippi River Corridor Ordinance
Attachments: Draft Ordinance
Location Map
In 1980 the City of Rosemount adopted the Mississippi River
Critical Area Plan and Corridor Ordinance to bring the City into
compliance with state requirements. These documents were intended
to guide development along the Mississippi River by protecting the
river as a scenic and economic resource. The Corridor Ordinance
functions as an overlay zoning district that further regulates uses
permitted in the underlying district.
Last year staff realized that the Corridor Ordinance was
inadvertently left out of Ordinance B when that ordinance was
approved by City Council. On April 24, 1990 the Planning
Commission approved a motion to recommend that the City Council
amend Ordinance B to include the Mississippi River Corridor
Ordinance. Apparently that motion was never presented to the
Council for action. The present Planning Commission was updated
on this item at its July 23, 1991 Regular Meeting and concurred
that a public hearing should be scheduled.
The ordinance that will be brought before Council is substantially
the same as the previous ordinance. The changes being made consist
of reference corrections and stylistic changes intended to improve
clarity without altering content. The attached copy is a working
draft that will be further edited prior to the public hearing.
Since the Mississippi River Corridor Ordinance acts as an overlay
zoning district, it encompasses areas zoned for agricultural,
industrial, and public uses (Spring Lake Park). Some of these
areas are also regulated by the Floodway and Shoreland Ordinances.
Review of these overlay ordinances indicates that a fair amount of
redundancy exists. This could be cleaned up at a later date --
perhaps in conjunction with a revision of the Floodway Ordinance.
�ve�-1��l221zqs l=.omiszo �� �� �'J�osPn�ousi�.��
�iiy of Rosemount
PHONE (612) 423-4411 2875 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 423-5203 Mailing Address: Vernon Napper
P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCIIMEMBERS
Sheila Klassen
PUBLIC NOTICE John Oxborough
Harry WiliCox
Dennis Wippermann
Proposed Amendment, Ordinance B - City of Rosemount Zoning OrdWM ATOR
REVISION OF SECTION 9 SPECIAL OVERLAY REGULATIONS Stephan Jilk
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, that the City Council of the City of
Rosemount will conduct a public hearing on Tuesday, October 1,
1991, in the Council Chambers of the City Hall, 2575 145th Street
West, beginning at 8:00 p.m. or as soon thereafter as possible.
The purpose of this hearing is to consider an amendment to
Ordinance B - City of Rosemount Zoning Ordinance, affecting Section
9 Special Overlay Regulations. The proposed amendment represents a
revision of the existing regulations to include the following
subsection: Section 9.3 Mississippi River Corridor Critical Area
Overlay District. The proposed Mississippi River Critical Area
Plan and Corridor Ordinance will bring the City into compliance
with state requirements. The intent of the Corridor Ordinance is
to guide development along the Mississippi River by protecting the
river as a scenic and economic resource. The Corridor Ordinance
functions as an overlay zoning district that further regulates uses
permitted in the underlying district.
Copies of the proposed City of Rosemount Zoning Ordinance Amendment
affecting Section 9 Special Overlay Regulations are available for
review at City Hall, weekdays, during business hours, 7:30 a.m. -
4:00 p.m. Any questions regarding the proposed Zoning Ordinance
Amendment may be directed to the City of Rosemount Planning
Department, or call 322-2050.
Such persons as desire to be heard with reference to the above item
will be heard at this meeting.
Dated this 17th day of September, 1991.
x
Su n M. Walsh, City Clerk
City of Rosemount
Dakota County, Minnesota
6veryibzing's Coming `U(,fi gosemounl.11
t, IQ7y rPCY[IP.0 p4N
AMENDMENT TO CITY OF ROSEMOUNT ORDINANCE B
REVISION OF SECTION 9 - SPECIAL OVERLAY REGULATIONS
MAILING LIST
1. State of Minnesota
34-01600-010-01
1560 Highway 55
34-01600-010-00
Hastings, MN 55033
34-01600-010-25
Wichita, KS 67201
34-01600-010-30
34-01600-010-75
34-01700-010-80
34-01800-010-87
34-02100-011-01
34-02100-011-10
34-02100-011-33
2. Elizabeth Gores
34-01600-010-35
16180 Coates Boulevard
34-01800-010-57
Rosemount, Mn 55068
34-01800-010-63
3. Dakota County
34-01600-010-60
1560 Highway 55
34-02100-010-05
Hastings, MN 55033
34-02100-010-15
34-02100-010.25
34-02100-010-00
34-02100-010-46
34-02100-010-99
4. Joseph Gores 34-01700-010-01
P.O. Box 6344 34-01700-010-05
Rochester, MN 55903 34-01700-010-09
34-01700-010-75
5. U.S.A. 34-01700-010-11
1590 Highway 55
Hastings, MN 55033
6. Jerome Cores 34-01700-010-13
16180 Coates Boulevard
Rosemount, MN 55068
7. Koch Refining Company
34-01700-010-25
ATTN: Tim Tilma
34-01700-010-27
P.O. Box 2256
34-01700-010-64
Wichita, KS 67201
34-01700-010-66
34-01800-010-01
34-01800-010-11
34-01800-010-13
34-01800-010-26
34-01800-010-30
34-01800-010-35
34-01800-010-50
34-01800-010-57
34-01800-010-63
34-01800-010-70
34-01800-010-75
34-01800-010-77
34-01800-010-81
34-01800-010-83
34-01800-010-85
34-01900-010-04
34-02000-010-32
34-02000-030-32
8. Central Farmers 34-01700-010-62
% C.F. Industries 34-01700-010-70
Saiem Lake Drive 34-01700-010-91
Lake Zurich, IL 60047 34-02000-012-05
34-02000-013-05
34-02100-011-05
9. Chicago & NW Trans. Co. 34-01800-010-25
1 N Wstn Ctr. 34-01800-010-59
165 Canal Street North 34,01800-010-65
Chicago, IL 60606 34-02000-010-15
34-02000-010-20
34-02000-010-27
10.
Marion Simpson
34-01800-010-33
4115 York Avenue South
Minneapolis, MN 55410
11.
George Tompkins
34-01800-010-05
2685 145th Street East
Rosemount, MN 55068
12.
TSTE of Pine Bend Cem. Assoc.
34-01800-010-38
5333 James Avenue South
Minneapolis, MN 55419
13.
Wisconsin Town Lot Co.
34-01800-012-53
165 Canal St. N.
34-01800-017-88
Chicago, IL 60606
14.
NSP
34-01800-010-61
Tax Manager
414 Nicollet Mall
Minneapolis, MN 55401
15.
Melvin Volken
34-01800-010-80
1418 210th Avenue
New Richmond, WI 54017
16.
Neal F. Page
34-01800-020-87
4504 64th Street West
Minneapolis, MN 55424
17.
Walbon Partnership
34-01800-015-88
4230 Pine Bend Trail
Rosemount, MN 55068
18.
Dixie Petro -chem, Inc.
34-01800-018-88
P.O. Box 16290
Houston, TX 77222
19.
Orrin Kirschbaum
34-02000-010-01
13220 Doyle Path
34-02000-010-11
Rosemount, MN 55068
20.
Joseph & Julie Simones
34-02000-010-08
13273 Pine Bend Trail
Rosemount, MN 55068
21.
Pine Bend Development Co.
34-02000-010-13
% Melvin Astleford
34-02000-010-25
1200 Highway 13 West
34-02000-010-28
Burnsville, MN 55337
34-02000-010-30
34-02000-010-92
34-02100-010-36
34-02100-011-42
34-02100-011-50
34-02100-010-65
34-02100-011-90
34-02800-010-05
34-02800-011-25
22.
D.W. Severson
34-02000-010-77
13650 Courthouse Boulevard
Rosemount, MN 55068
23.
Richard T. Burger
34-02100-011-75
6566 France Avenue South #9
Minneapolis, MN 55435
24.
Richard T. Burger
34-02800-010-01
13729 Pine Bend Trail
34-02800-011-01
Rosemount, MN 55068
25.
Gary A. Brown
34-02800-020-35
14070 Courthouse Boulevard
Rosemount, MN 55068
26.
Cyril & Carol Schmitz
34-02800-010-35
14050 Courthouse Boulevard
Rosemount, MN 55068
27.
Spectro Alloys Corp.
34-33400-010-01
13220 Doyle Path
34-33400-020-01
P.O. Box 10
34-33400-030-01
Rosemount, MN 55068
34-33400-040-01
34-33400-040-02
28.
Holienbach & Nelson Inc.
34-33400-050-01
Hollenbach, Jileen A.
34-33400-060-01
7700 Wentworth Avenue South
34-33400-070-01
Minneapolis, MN 55423-4192
34.33400-080-01
29.
Eagle Sanitation, Inc.
34-33400-010-02
P.O. Box 228
34-33400-020-02
Newport, MN 55055-0228
34-33400-030-02
7/-2�/9/
SECTION 9 SPECIAL OVERLAY REGULATIONS
In addition to the requirements of the applicable zoning district, the following special overlay
restrictions shall apply.
SECTION 9.1 SHORELAND OVERLAY REGULATIONS
A. Purpose and Intent» It is the intent of these shoreland overlay regulations to impose
restrictions in addition to those required by the underlying zoning for the protection of
shoreland areas, the preservation and enhancement of the quality of surface waters and
the wise utilization of water and related land resources.
B. ,Shoreland Classification
1. Recreational Development Water: Keegan Lake (19-11)
2. General Development Waters: Mississippi River, U.S. Lock and Dam, Pool #2 (19-
3. Natural Environment Waters:
a. Unnamed T115, R19, Section 16 (19-8)
b. Unnamed T115, R19, Section 16 & 21 (19-9)
c. Unnamed T115, R19, Section 17 (19-10)
d. Unnamed T115, R19, Section 21 (19-12)
C. Shoreiand Development, Standards
OHWE _ Ordinary High Water Elevation/Marl;
S = Sewered Area
U = Unsewered Arca
`Whenever the Underlying Zoning is more restrictive, the
requirements of the Zoning District shall apply.
39
Natural Recreational General
Development Development Development
Waters Waters waters
S U S U S
U
1.
Lot Area
2.5 AC 2.5 AC
2.5 AC
a) Water Front Lots
20,000 20,000 20,000
b) Other Lots
10,000 10,000 10,000
2.
Water Frontage/Lot Width
110 LSO 110 150 110
150
3.
Building Setback from OHWE
150 200 75 100 50
75
4.
Minimum Building Setback
50 Feet for Federal, State or County
from Streets and Highways
20 Feet for Municipal or Private
5.
Minimum Building Setback
According to City Ordinance No. X'VII.39
from Top of Bluff
(Mississippi River Corridor Ordinance)
6.
Elevation of Lowest Floor Above
3 3 3 3 3
3
Highest Known Water Level
7.
Maximum Building Height
{
S.
Maximum Lot Coverage with
{ According to Sections 7.1 & 7.2 of this Ordinance.
Impervious Surface
{
9.
Sewage System Setback from OHWE
N/A 150 N/A 150 N/A
150
10.
Sewage System Elevation Above Highest
N/A 4 N/A 4 N/A
4
Groundwater Level, Bedrock or
Impervious Soils
OHWE _ Ordinary High Water Elevation/Marl;
S = Sewered Area
U = Unsewered Arca
`Whenever the Underlying Zoning is more restrictive, the
requirements of the Zoning District shall apply.
39
D. Shoreland Alterations
1. Natural Vegetation. The removal of natural vegetation shall be restricted to prevent
erosion into public waters, to consume nutrients in the soil and to preserve shoreland
aesthetics. Removal of natural vegetation in the shoreland overlay district shall be in
accordance with the following criteria:
a. Selective removal of natural vegetation shall be allowed, provided that sufficient
vegetative cover remains to screen cars and structures when viewed from the water.
b. Clearcutting of natural vegetation shall be prohibited except as necessary for placing
public roads, utilities, structures and parking areas.
c. Natural vegetation shall be restored insofar as is feasible after any construction
project is completed.
2. Drading and Filling in shoreland areas or any alterations of the natural topography
where the slope of the land is toward a public water or watercourse leading to a public
water must be authorized by the City in accordance with the following criteria:
a. The smallest amount of bare ground is exposed for as short a time as feasible,
b. Temporary ground cover, such as mulch, is used and permanent ground cover, such
as sod, is planted,
c. Methods to prevent erosion and trap sediment are employed, and
d. Fill is stabilized to accept engineering standards.
3. Alteration of Beds of Public Waters
a. Excavation on shorelands where the intended purpose is connection to a public
water shall require approval from the City before construction is begun. Such
approval may be obtained only after the Commissioner has issued a permit for
work in the bed of a public water.
E. Planned Unit Development: To encourage more creative design and greater environmental
sensitivity in the development of land, Planned Unit Development (PUD) may be utilized
in the Shoreland Overlay District. PUD within the Shoreland Overlay District is subject to
both the requirements of these regulations and additional standards established by the State
of Minnesota Department of Natural Resources (DNR). Where requirements differ
Department of Natural Resources (DNR) standards shall take precedence.
F. Administration and Enforcement
1. Permits Reguired. Before any construction, subdivision of land, installation of sewer
and water facilities, grading and filling or removal of vegetation within any shoreland
area is commenced, a permit shall be issued by the City.
2. Application shall be made by the owner on forms provided by the City. Said application
shall be accompanied by plans drawn to scale showing the nature, location, dimensions
and elevations of the lot and all proposed structures and such other information as shall
be required by the Director of Community Development.
3. Variances. All requests for variances shall be referred to the Board of Appeals and
Adjustments.
4. Lots of Record which do not meet the requirements of this Section shall not be required
to comply herewith.
5. Referral to Department of Natural Resources (DNR)
a. Notices. Copies of all notices of any public hearings to consider variances,
amendments or conditional uses relating to shoreland management shallbe received
M
by the Commissioner at least ten (10) days prior to such hearings. Notices of
hearings to consider proposed plats must include copies of the plats.
b. Final Decisions. A copy of approved amendments and plats, and final decisions
granting variances or conditional uses with regard to the shoreland shall be received
by the Commissioner within ten (10) days of final action.
SECTION 9.2 WETLAND OVERLAY REGULATIONS
A. Purpose and Intent It is the intent of this Section to protect designated public waters from
the potential adverse effects of filling, excavation; structural encroachments; water level
manipulation; and the construction of bridges, culverts, and utilities.
B. Permit Required Any alteration of any Type 3,4 or 5 Wetland as depicted on the Official
City Zoning Map shall require the issuance of a "Protected Waters Permit" by the
Department of Natural Resources (DNR) prior to the issuance of a building permit by the
City of Rosemount.
SECTION 93 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY DISTRICT
A. Intent and Purpose
1. Fmdin¢s. The City fords that the Mississippi River Corridor within the Metropolitan
Area and the City is a unique and valuable local, state, regional and national resource.
The river is essential to local, regional, state, and national transportation, sewer and
water, recreation, industry and also serves important biological and ecological functions.
The prevention and mitigation of irreversible damage to this resource and the
preservation and enhancement of its natural, aesthetic, cultural, and historic values is in
furtherance of the health, safety and general welfare of the City.
2. Purpose and Intent. It is the purpose and intent of this ordinance to prevent and
mitigate irreversible damage to this unique national resource, to preserve and enhance
its value to the public, and protect and preserve the system as an essential element in
the City's transportation, sewer and water, recreation, and industry in accordancewith
the following policies:
a. The Mississippi River Corridor shall be managed as a multi-purpose public resource
by continuing use of the river channel for transportation; conserving the scenic,
environmental, recreational, industrial, economic, cultural, and historic resources and
functions of the river corridor, and providing for the continued development of a
variety of urban uses within the river corridor.
b. The Mississippi River Corridor shall be managed in a manner consistent with its
natural characteristics and its existing development.
c. The Mississippi River Corridor shall be managed in accordance with the Critical
Areas Act of 1973, the Minnesota Environmental Policy Act of 1973, the Governor's
critical area designation order, Executive Order No. 130 (as amended) dated
November 23, 1976, and pursuant to Minnesota Statutes, Chapter 116G.
d. Designation of suitable land use districts along the bluffland and shoreland of the
Mississippi River.
3. Establishment of Critical Area Overlay District. A critical area overlay district with its
attendant regulations is hereby established. This district shall overlay the zoning districts
established by Ordinance B - City of Rosemount Zoning Ordinance, adopted September
19, 1989, and as amended, so that any parcel of land lying in the overlay district shall
also lay in one or more of the underlying established zoning districts. Territory within
the overlay district shall be subject to the requirements established in this ordinance as
well as restrictions and requirements established by, other applicable ordinances and
regulations of the City. Within the overlay district, all uses shall be permitted in
accordance with the regulations for the underlying zoning district(s) provided, however,
that such uses shall not be entitled to or be issued the appropriate development permit
41
until they have first satisfied the additional requirements established in this ordinance.
4. District Boundaries. This overlay ordinance shall apply to the critical areas district
which is specially delineated on the official zoning map of the City. For purposes of
determining the application of this ordinance to any particular parcel of land, the above
reverenced map shall be on file in the office of the City Clerk or City Planner.
S. Definitions. For the purpose of this ordinance, certain phrases and words are hereby
defined as follows:
a. Accessory Use A use subordinate to and serving the principal use on the same lot
and customarily incidental thereto, such as vegetative cutting and grading and filling.
b. Act The Critical Areas Act of 1973, Minnesota Statute, Sections 116G.01 to
116G.14.
c. Adm nt Having a boundary which physically touches or adjoins.
d. Barge Loading Facility A facility and related equipment located on the riverfront
for the loading or unloading of a barge, either as part of trans -shipment of goods
or related specifically to a product manufactured, stored, excavated or utilized at the
site.
e. Barge Slin The basin, usually adjacent to a wharf, jetty, dock or other cargo
handling facility, where barges are brought for the purpose of loading or unloading
cargo,
f. Bluffline The line delineating the top of a slope connecting the points at which the
slope becomes less than 18 percent (18%). More than one bluffiine may be
encountered proceeding landward from the water. All setbacks required herein shall
be applicable to each bluffiine.
g. Clearcutting The removal of an entire stand of trees and shrubs.
h. Critical Area The Mississippi River Corridor Critical Area as designated by the
Governor in Executive Order No. 130 (as amended) dated November 23, 1976.
i. Harbor The portion of a body of water along or landward of the natural shoreline
deep enough for recreational watercraft navigation, and so situated with respect to
shoreline features as to provide protection from winds, waves, ice and currents.
Natural harbors consist of bays and estuaries, while artificial harbors are constructed
by dredging.
Industrial Use Includes without limitation, factory, office building, warehouse,
elevators, material transfer site, pipeline, conveyor, refuse and material storage
areas, oil refining and chemical processing.
k. Lift Station A facility, usually including pumping facilities, for the lifting of sewage
or stormwater runoff to a higher sewage facility or stormwater runoff facility.
1. Marina An area of concentrated small craft mooring, where ancillary facilities may
be provided for such services as fuelling, sewage pumpout, boat launching, repair and
storage. Marina does not mean temporary docks associated with riparian residential
development if the mooring area is of a size not to exceed the resource limitations
of the site and the needs of the residents of the development.
in. Mississippi River Corridor That area within the described boundaries of the
Mississippi River Corridor Critical Area and as shown on the official zoning map.
n. Natural Rate of Absorption The amount of stormwater absorbed into the soil
during a storm of once in twenty (20) year occurrence.
42
o. Normal High Water Mark The mark delineating the highest water level which has
been maintained for a sufficient period of time to leave evidence upon the landscape.
The normal high water mark is commonly that point where the natural vegetation
changes from predominately aquatic to predominately terrestrial. In areas where
the normal high water mark is not evident, setbacks shall be measured from the
stream bank of the following water bodies that have permanent flow or open water:
the main channel, adjoining side channels, backwaters, and sloughs.
p. Pip lin A line of pipe either above ground or under ground including associated
pumps, valves, control devices and other structures utilized for conveying liquids,
gases, sewage, or other finely divided solids from one point to another.
q. Pleasure Craft A boat or yacht used primarily for recreational activity.
r. Retaining Wall A structure utilized to hold a slope in a position which it would not
naturally remain in.
s. Riverfront Every lot or parcel of land which is immediately adjacent to the
Mississippi River.
t. Selective Cutting The removal of single scattered trees or shrubs. Selective cutting
shall not be construed to mean the removal of all trees or shrubs in a given area
resulting in the clearing of the land.
u. Septic Tank Any device for the treatment and disposal of human waste which
utilizes the percolation of the liquid portion of the waste into the soil, including all
portions of said system which are not contained inside a building.
v. Slone The inclination of the natural surface of the land from the horizontal.
w. Structure Anything manufactured, constructed or erected which is normally attached
to or positioned on land, including portable structures.
x. Substandard Lot Any lot which does not meet the minimum lot area, length, depth,
width or other dimensional standards of the ordinance.
y. Transmissions Services Electric power, telephone, and telegraph lines, cables or
conduits that are used to transport large blocks of power between two points. In
the case of electrical power, this will generally mean sixty-nine (69) kilovolts or
more. For mains or pipelines for gas, liquids or solids in suspension, this means
those that are used to transport large amounts of gas, liquids or solids in suspension
between two points.
z. Utility Facility The physical facilities associated with electric, telephone, telegraph,
cable television, water, sewer, solid waste, gas, and similar service operations.
aa. Water Body Any lake, stream, pond, wetland or river.
bb. Water Related Use Uses which, in order to exist or function, require a location on
or use of the riverfront. Such uses include, but are not limited to: barge loading
and fleeting areas; marinas; industries which receive or ship goods or materials by
water as an essential part of their operation; boat and barge construction,
dismantling and repair; riverfront recreation; intakes and outfalls; and water
monitoring and measuring facilities.
cc. Wetland Land which is seasonably wet or flooded, including all marshes, bogs, and
swamps.
43
B. Site Plannine Reauirements
1. Site Plan Required. No building permit, zoning approval or subdivision approval permit
or certificate shall be issued for any action located in an area covered by this ordinance
until a site plan has been prepared and approved in accordance with the provisions of
this ordinance.
2. Ex=tions
a. The City of Rosemount Planning Commission may waive certain requirements of
Section 93134 of this ordinance if portions are not applicable to the proposed action.
3. Site Plan ARpfficatign. A written application for site plan approval shall be filed with
the City Clerk or City Planner containing evidence adequate to show that the proposed
use will conform to the standards set forth in this ordinance. Ten (10) sets of clearly
legible blue or black -lined copies or drawings and required information shall be
submitted. Fees for the application shall be established by the City Council and be listed
in the Fee Schedule.
4. Site Plan Contents
a. Site plans shall be prepared to a scale appropriate to the size of the project and
suitable for the review to be performed.
b. The following information shall be provided either on or with the site plan:
1) location of the property including such information as the name and numbers
of adjoining roads, railroads, existing subdivisions or other landmarks.
2) the name and address of the owner(s) or developer(s), the section, township
and range, northpoint, date and scale of drawing, and number of sheets.
3) existing topography as indicated on a contour map having a contour interval
no greater than two (2) feet per contour; the topography map shall also clearly
delineate blufflines; all streams, including intermittent streams and swales, rivers,
waterbodies, and wetlands located on the site, including depth of water, bottom
slope, a description of body materials and all vegetation which may be found in
the waterbody, a statement of water turbidity, a statement of water quality and
a classification given to the waterbody by the Minnesota Department of Natural
Resources (DNR) and the Minnesota Pollution Control Agency (PCA), if any.
The topography map shall also indicate the floodway and/or flood fringe lines
and shall indicate the normal high water mark of the river if the property fronts
on the river.
4) a plan delineating existing drainage of the water setting forth the direction,
volume, and rate at which stormwater is conveyed from the site and setting forth
those areas of the site where stormwater collects and is gradually percolated into
the ground or slowly released to stream or lake.
5) a description of the soils of the site including a map indicating soil types.
6) a description of any features, buildings or areas which are of historic significance.
7) a map indicating proposed finished grading shown at contours at the same
intervals as provided above or as required to clearly indicate the relationship
of proposed changes to existing topography and remaining features.
8) a landscape plan drawn to an appropriate scale, including dimensions and
distances and the location, type, and description of existing vegetation, and
clearly locating and describing vegetation proposed for removal and proposed
landscape materials which will be added to the site as part of the development.
44
9) a proposed drainage plan of the developed site delineating the direction, volume,
and rate at which stormwater will be conveyed from the site and setting forth
the areas of the site where stormwater will be allowed to collect and gradually
percolate into the ground or be slowly released to stream or lake.
10) the proposed size, alignment, height, and intended use of any structures to be
erected or located on the site.
11) a clear delineation of all areas which shall be paved or surfaced including a
description of the surfacing material to be used.
12) a description of the method to provide vehicular and pedestrian access to the
proposed development and public access to the river and/or public river view
opportunities both before and after development; a description of the
development's impact on existing views of and along the river.
13) a description of all parking facilities to be provided as part of the development
of the site including an analysis of parking needs generated by the proposed
development.
14) a description of all waste treatment facilities to be provided as part of the
development of the site, including an analysis of wastewater treatment needs
generated by the proposed development.
15) a delineation of any potential area or areas to be dedicated for public use.
16) a delineation of the location and amounts of excavated soils to be stored on
the site during construction.
17) other information pertinent to the particular project which, in the opinion of
the City of Rosemount or applicant, is necessary or helpful for the review of
the project.
5. Site Flan Approval Standards. Site plans shall meet the following standards for approval:
a. Dredging and filling of waterbodies shall be permitted only when there is no adverse
effect on the ecological and hydraulic characteristics of the waterbody, unless no
other feasible alternative exists for the removal or replacement of dredge spoils or
fill and the activity is consistent with the Mississippi River Corridor Critical Area
Plan and the underlying zoning district.
b. Development shall be permitted on land having a slope before alteration in excess
of twelve percent (12%) but not greater than eighteen percent (18%) if the applicant
meets the following conditions:
1) The foundation and underlying material of any structure, including private roads,
shall be adequate for the slope condition and soil type.
2) Adequate controls and protection exist uphill from the proposed development
such that there is no danger of structures or roads being struck by falling rocks,
mud, uprooted trees or other materials.
3) The proposed development presents no danger of falling rock, mud, uprooted
trees or other materials to structures downhill.
4) The view of the developed slope from theriverand opposite riverbank shall,
to the maximum extent possible, be consistent with the natural appearance of
the undeveloped slope, consistent with any historic areas nearby and compatible
with surrounding architectural features. To the maximum extent possible, the
use of natural devices, including vegetation management, shall be preferred over
the construction of artificial devices, including culverts, holding ponds, walls and
terracing.
45
5) All structures other than buildings, warehouses, pipelines, conveyors,
transmission services, utility facilities, storage tanks, and roadway surfaces, but
including retaining walls, shall meet the following design requirements:
a) retaining walls or terrace contours shall not exceed five (5) feet in height;
b) the minimum space in between terraces and retaining walls shall be twenty
(20) feet;
c) construction shall be of native stone or wood, however, in those situations
where the use of metal pilings, metal tiebacks, metal retaining walls and
pre -cast or cast in place concrete retaining walls is necessary, they shall
not be exposed.
6) No septic tank shall be placed on a slope of greater than twelve percent (12%).
The natural slope may not be altered in any way where the septic tank system
or part thereof is to be located. The drain lines shall be located parallel to
contour lines.
7) In no case shall slopes with a natural slope in excess of eighteen percent (18%)
be developed, except for conveyors, pipelines and transmission services.
c. Wetlands and other water bodies shall not be used as primary sediment traps during
or after construction.
d. The proposed development will minimize increases in the natural rate of runoff
and minimize any decrease in the natural rate of absorption of stormwater.
e. The development is consistent with the reasonable preservation of the view of the
river corridor from other properties and by the public and the walling off of views
of the river corridor from other properties and public rights-of-way has been
minimized.
L Erosion protection measures shall make maximum use of natural in-place vegetation
rather than the placing of new vegetation on site as erosion control facilities. The
use of natural erosion control devices shall be preferred to the maximum extent over
the construction of artificial drainage devices including culverts, holding ponds and
ditches.
g. The development shall be located in such a manner as to minimize the removal of
vegetation and alteration of the natural topography.
h. The grades of streets shall not exceed seven percent (7%), except those referenced
in Section of this ordinance.
i. The applicant shall demonstrate that there are no feasible or prudent alternatives
to cutting trees on the site; and if trees are cut, the density of trees shall be restored
to that which existed before development. The applicant shall demonstrate that all
grading which takes place will be conducted in a manner that preserves the root zone
aeration and stability of existing trees and provides an adequate watering area equal
to at least one-half (z) of each tree's crown cover.
j. The applicant shall demonstrate that the types and densities of land use proposed
shall be suited to the site and soil conditions and shall not present a threat to the
maintenance of the groundwater quality, a potential increase in maintenance cost
of utilities, parking areas or roads; and shall not be subject to problems due to soil
limitations, including but not limited to soil bearing strength, shrink/swell potential
and excessive frost movement.
k. The quality of water runoff and water infiltrated to the water table or aquifer shall
be undisturbed after development to the maximum extent practicable.
1. The proposed development shall be adequate and consistent with local transportation
M,
and thoroughfare planning.
m. The proposed development shall not lessen existing public access to and along the
river bank, nor shall it lessen public opportunity to view the river from within the
corridor.
n. Adequate parking facilities shall be provided to service the proposed development.
The construction of said parking facilities shall be consistent with the character of
the river corridor, screened from river view by natural vegetation, and not in excess
of that reasonably foreseen to be required by the development proposal.
o. The conduct of all grading, landscaping, structure placement, and street routing
shall be consistent with, and to the maximum extent, in furtherance of the goals and
policies for the development of the river corridor in the Mississippi River Critical
Area Plan.
C. Overlay District Designations
1. Because the river shall be managed as a multiple -purpose resource, and because it
possesses a variation in both natural characteristics and type of urban and rural
development, that portion of the Mississippi River Corridor located in the City has been
segmented into the following overlay districts:
a. Rural Open Space
b. Urban Diversified
2. The rural open space and urban diversified districts have been established because
there is a distinct difference in development patterns and the City desires to continue
those patterns, as is reflected in the Corridor area plan.
3. The boundaries of the Mississippi River Corridor and the urban diversified and rural
open space districts within the Corridor include all of the land riverward of the boundary
line and as shown on the map designated as the official zoning map for the City.
4. Boundaries of the Mississippi River Corridor and the urban diversified and rural open
space districts on the map designated as the official zoning map for the City is made
a part of this ordinance and is on file with the City Clerk and City Planner.
D. Overlay District Dimensional Requirements
1. Objective . The objectives of Dimensional Requirements are: to maintain the aesthetic
integrity and natural environment of certain districts, to reduce the effects of poorly
planned shoreline and blufflne development, to provide sufficient setback for sanitary
facilities, to prevent pollution of surface and ground water, to minimize flood damage,
to prevent soil erosion and to implement Metropolitan Plans, Guides, and Standards.
2. Substandard lot. A proposed new structure or changes to an existing structure on a
substandard lot may be approved when the following findings are made:
a. The lot was recorded in the Office of the County Recorder prior totheeffective
date of the State of Minnesota Governor's Executive Order, November 23, 1976,
designating the Mississippi River Corridor Critical Area.
b. The lot was in separate ownership from all abutting land on November 23, 1976.
c. The proposed use is consistent with the provisions of these Regulations and other
City ordinances.
d. It can be demonstrated that a proper and adequate sewage disposal system can be
installed according to regulations of the Health Department and Pollution Control
Agency (PCA).
e. The lot size is within sixty percent (60%) of the size required in Ordinance B -City
of Rosemount Zoning Ordinance.
47
3. Lot size. In the urban diversified and rural open space districts the minimum lot size
shall be consistent with Ordinance B - City of Rosemount Zoning Ordinance.
4. Structure setback.
a. All required setbacks shall be applicable to both the bluffline and one hundred
(100) feet from the normal high water mark.
b. All new structures and roads shall meet the following minimum setbacks:
1) in the rural open space district, no structure or road shall be placed less than
two hundred (200) feet from the normal high water mark and no less than one
hundred (100) feet from the bluffline.
2) in the urban diversified district, the structure or road shall be placed no less
than forty (40) feet from the bluffline.
c. F centions to setback provisions shall be:
1) public safety facilities, public bridges and their roadway approaches, railroad
sidings, barge facilities, minor public and private roadways serving water -related
uses on the riverfront;
2) pipelines, conveyors, and other devices used to move materials or products to
or from transportation facilities on the riverfront, structures and facilities used
to store such materials or products, and related equipment;
3) public recreation facilities, scenic overlooks, public observation platforms and
the regional trail system, docks, boat launching facilities;
4) approved river crossings of essential service and essential services distribution
systems which are primarily underground except for terminal and metering
devices not exceeding six (6) feet in height and supporting structures for
transmission crossing spans;
5) the construction of above ground pumping stations for sewer lines which shall
be screened from view of the river;
6) the reconstruction or restoration of historical structures or sites on the inventory
of the State Historical Society or the National Register of Historic Places.
5. Heiehts of structures.
a. In the rural open space district:
1) new structures and additions to existing structures shall be limited to a maximum
of thirty-five (35) feet;
2) the following exceptions to height limits shall be permitted:
a) barns, silos, and similar farm structures;
b) essential service distribution systems;
C) bridges, bridge approach roadways, and transmission services;
d) restoration or reconstruction of historical structures and sites on the
inventory of the State Historical Society or the National Register of Historic
Places.
In the urban diversified district height standards shall comply with the established
underlying zoning district standards.
6. Placement of structures. Unless otherwise indicated, the following standards shall apply
in both districts:
0
a. No new structures except conveyors, pipelines and transmission services shall be
placed on slopes which are eighteen percent (18%) or greater;
b. Structures may be permitted on slopes in excess of twelve percent (12%) but not
greater than eighteen percent (18%) when the conditions of Section 93BS of this
ordinance are met.
c. Structure placement shall be governed by the City flood -plain (Floodwa32)
ordinance.
d. In the urban diversified and rural open space districts no development shall be
permitted on presently undeveloped islands, except those developments specifically
related to wildlife preservation, recreation open space uses, and other water related
uses.
7. Line of Sight. In the rural open space district, the development of permitted uses shall
be allowed if it cannot be seen from the normal high water mark on the opposite side
of the Mississippi River. Water related uses shall not be subject to this requirement.
E. Permitted Uses in Urban Diversified and aural Open Suace Districts
1. Residential development. Residential development shall be permitted in both districts
consistent with Ordinance B - City of Rosemount Zoning Ordinance as
amended. All structures and accessory uses or appurtenances of residential development
shall be subject to the Dimensional Standards and Criteria in Section 93D of this
ordinance.
2. Commercial and Industrial Uses.
a. In the rural open space district the development of commercial and industrial uses
shall not be permitted.
b. In the urban diversified district, new and expansion of existing industrial and new
commercial developments shall be allowed if they meet the Dimensional Standards
and Criteria in Section 93D, if they do not require premature expansion of
metropolitan public services and meet the Site Plan requirements of Section 93B.
of this ordinance.
3. Agricultural uses. All agricultural uses except new feedlots may be permitted in both
districts.
4. Mining: and extraction.
a. In both districts,
1) new mining and extraction may be permitted and shall be subject to the
Dimensional Standards and Criteria in Section 9.3 D.
2) new and, where practicable, existing extraction uses shall be appropriately
screened from view of the river by establishing and maintaining natural screen
devices;
3) the unscreened boundaries of mining and extraction areas shall be limited to only
the loading area;
4) existing and future extractive uses shall be required to submit land reclamation
and reforestation plans compatible with these Regulations;
S) only one barge loading area, which shall be limited to the minimum size
practicable, shall be permitted for each mining or extraction operation, and
6) all mining and extraction shall meet the standards of the Mining Ordinance for
the City.
49
S. Recreations -uses. In both districts, recreational uses and structures and accessory uses
or appurtenances shall be permitted and shall be subject to the Dimensional Standards
and Criteria in Section 93 D. Water -related commercial recreation uses shall be subject
to the Dimensional Standards and Criteria in Section 93 D.
6. in.
a. In the rural open space district, general advertising signs shall be prohibited.
b. In the urban diversified district, general advertising signs are permitted.
C. All signs permitted in the established districts shall conform to all applicable
standards of the adopted Sign Ordinance for the City.
F. SRWr-lc Permitted Facilities
1. Transmission services. In both districts, the construction of new and reconstruction of
existing transmission services shall meet the following standards:
a. Transmission services of under two hundred (200) kilovolts which cross lands within
the River Corridor shall meet the standards set forth in this section.
b. When routing transmission services of under two hundred (200) kilovolts, the
following shall be avoided where practicable:
1) steep slopes;
2) scenic intrusions into streams, valleys, and open exposures of water;
3) scenic intrusions into areas such as ridge crests and high points;
4) creating tunnel vistas by, for example, building deflections into the route;
5) wetlands;
6) forests by running along fringe rather than through them. If necessary to route
through forests, open areas should be utilized in order to minimize cutting;
7) soils susceptible to erosion which would create sedimentation and pollution
problems;
8) areas of unstable soils which would be subject to extensive slippages;
9) areas with high water tables, especially if construction requires excavation;
10) open space recreation areas.
C. Transmission services shall be subject to the Dimensional Standards and Criteria
in Section 9.3D except at crossing points.
d. Structure design of transmission services. With regard to locating the utility,
overhead or underground:
1) primary considerations shall be given to underground placement in order to
minimize visual impact. When considering overhead placement, the proposers
shall explain the economic, technological or land characteristic factors which
make underground placement infeasible. Economic considerations alone shall
not justify overhead placement;
2) if overhead placement is necessary, the crossing should be hidden from view
as much as practicable;
3) with regard to the appearance of the structures, they shall be made as
compatible with the natural area as practicable with regard to height and width,
materials used, and color;
50
4) with regard to the width of the right-of-way, the cleared portion of the right-
of-way should be kept to a minimum;
5) the location shall be in or adjacent to existing transmission service corridors
whenever practicable.
e. In the construction of transmission services, the following guidelines shall be applied
whenever practicable:
1) construction in wetlands shall minimize damage to vegetation and prevent
erosion and sedimentation;
2) construction shall be undertaken at times when local fish and wildlife are not
spawning or nesting,
3) effective erosion and sedimentation control programs shall be conducted during
all clearing, construction or reconstruction operations in order to prevent
degradation of the river and adjacent lands;
4) the location shall be in or adjacent to existing transmission service corridors
whenever practicable.
L Safety considerations. Developers must adhere to applicable Federal and State
safety regulations; both with regard to prevention (such as safety valves and circuit
breakers) and with regard to emergency procedures in the event of failure (fire
suppression, oil spill clean-up).
g. Right-of-way Maintenance.
1) if possible, natural vegetation of value to fish or wildlife, which does not pose
a hazard to or restrict reasonable use of the utility, shall be allowed to grow in
the right-of-way,
2) where vegetation has been removed, new vegetation consisting of native grasses,
herbs, shrubs, and low growing trees shall be planted and maintained on the
right-of-way;
3) chemical control of vegetation should be avoided when practicable, but where
such methods are necessary and the chemicals used and the manner of their use
must be in accordance with rules, regulations, and other requirements of all state
and federal agencies .with authority over the use.
2. Pipelines. Pipeline facilities shall be permitted in both districts and shall be subject to
the following standards:
a. All pipelines and underground facilities shall be subject to the site planning
requirements set forth in Section 93.B. of this ordinance.
b. The facilities shall be located so as to minimize damage to wetlands, vegetation
and woodlands, and prevent soil erosion and sedimentation.
c. All underground placement of facilities and pipelines shall be followed by
revegetation and rehabilitation to the conditions which existed on the site prior to
development.
d. All pipelines shall be located in or adjacent to existing pipeline corridors whenever
practicable.
3. Sewage Treatment Plants. In both districts sewage treatment plants shall, wherever
practicable, conform with the Dimensional Standards and Criteria in Section 9.31).
4. Essential Services and Public Safety Facilities.
a. Essential services and public safety facilities are permitted in both districts.
51
b. All essential services and Public Service Facilities shall be subject to the site planning
requirements set forth in Section 93 B.
c. New essential services and public service facilities shall be compatible in height,
scale, building materials, and landscaping with the natural environment in the
Mississippi River Corridor and surrounding land should be be compatible with the
surrounding environment.
5. Transportation Facilities. The construction or reconstruction of all public transportation
facilities and railroads shall be permitted in both districts, subject to the following
standards and criteria:
a. The following guidelines shall be applied whenever practicable in selecting routes
for public transportation facilities and railroads:
1) careful consideration should be given to the provision of scenic overlooks for
motorists and safe pedestrian crossing and safe pedestrian pathways along the
river;
2) if possible, provide access to the riverfront in public ownership and allow
reasonable public use of the land between the river and the transportation
facility,
3) steep slopes shall be avoided;
4) scenic intrusion into stream, valley, and open exposures of water shall be
avoided;
5) scenic intrusion into areas such as ridge crests and high points shall be avoided;
6) wetlands shall be avoided;
7) run along fringes of forests rather than through them. If it is necessary to route
through forests, open areas should be utilized in order to minimize destruction
of commercial forest;
8) soils whose high susceptibility to erosion would create sedimentation and
pollution problems during and after construction shall be avoided;
9) areas of unstable soils which would be subject to extensive slippage shall be
avoided;
10) areas with high water tables, especially if construction requires excavation, shall
be avoided;
11) locate new roads to avoid cuts and fills and blend into the natural terrain so that
it appears to be a part of the natural landscape;
12) open space recreation areas shall be avoided.
b. Public transportation facilities and railroads shall be subject to the Dimensional
Standards and Criteria in Section 93 D, except at crossing points.
C. The following guidelines shall be applied when practicable in constructing public
transportation facilities and railroads:
1) reconstruction of an existing public road or railroad should be performed in a
manner that would minimize any adverse effect on the natural beauty and
environment of the river;
2) effective erosion and sedimentation control programs shall be conducted during
all clearing, construction or reconstruction operations in order to prevent the
degradation of the river and its adjacent lands;
52
3) construction across wetlands shall take place in a manner which minimizes
damage to vegetation and prevents erosion and sedimentation;
4) construct at times when local fish and wildlife are not spawning and nesting.
d. Safety considerations. Developers must adhere to applicable Federal and State
safety regulations with regard to new public road construction or reconstruction of
an existing public road.
e. The following guidelines shall be applied when practicable for right-of-way
maintenance:
1) if possible, natural vegetation of value to fish or wildlife, and which does not
pose a safety hazard, shall be allowed to grow in the roadside right-of-way,
2) where vegetation has been removed, new vegetation consisting of native grasses,
herbs, shrubs, and trees shall be planted and maintained on the road side right-
of-way,
3) chemical control of vegetation is discouraged. But where such methods are
justified, chemicals used and the manner of their use must be in accordance
with rules, regulations, and other requirements of all State and Federal agencies
with authority over their use.
6. Private roads necessary for river access for water -related commercial or industrial uses
shall be permitted in the urban diversified district.
a. Private roads necessary for river access for water -related commercial or industrial
uses and pipelines, conveyors, and other devices used to move materials or products
to or from transportation facilities on the riverfront shall be permitted on any slope,
provided that steps are taken to minimize erosion and manage vegetation to control
runoff in compliance with provisions of Section 9.3 B. of this ordinance.
7. Barge facilities.
a. In the rural open space district new barge loading facilities and barge slips shall
not be permitted.
b. In the urban diversified district barge loading facilities and barge slips are permitted
for existing or new industrial or commercial land operations.
c. Barge fleeting facilities related to on land industrial or commercial uses are
permitted in the urban diversified district.
G. Earthwork and Vegetation
1. Grading and filling. In both districts, the following provisions shall apply to grading
and filling-
a.
illinga. Grading, filling, excavating or otherwise changing the topography landward of the
normal high water mark shall not be conducted without a permit except maintenance
or repair of existing facilities. All grading and filling activities requiring a permit
shall comply with the site planning standards in Section 9.3 B. of this ordinance.
b. A separate grading and filling permit is not required for grading, filling or excavating
the minimum area necessary for a building site, essential services, sewage disposal
systems and private road and parking areas undertaken pursuant to a validly issued
building permit.
2. Ve etation management.
a. In the rural open space district, the following standards shall apply.
1) clearcutting is prohibited on developed islands, public recreation lands, the slope
or face of bluffs, within two hundred (200) feet of the normal high water mark
of the river, and within the area forty (40) feet landward from blufflines.
53
b. On all other lands within the astral open space district, and in the urban diversified
district, clearcutting shall be guided by the following provisions:
1) clearcutting shall be conducted only where clearcut blocks, patches or strips
are, where practicable, shaped and blended with the natural terrain:
2) the size of clearcut blocks, patches or strips shall be kept at the minimum
necessary,
3) where feasible, all clear -cuts shall be conducted between September 15 and
May 15. If natural regeneration will not result in adequate vegetative cover,
areas in which clearcutting is conducted shall be replanted to prevent erosion
and to maintain the aesthetic quality of the area where feasible, replanting shall
be performed in the same spring, or the following spring.
c. The selective cutting of trees greater than six (6) inches in diameter is permitted
when the cutting is appropriately spaced and staged so that a continuous natural
cover is maintained.
d. These vegetative management standards shall not prevent the pruning and cutting
of vegetation to the minimum amount necessary for the construction of bridges and
roadways and for the safe installation, maintenance, and operation of facilities,
essential services, and utility transmission services which are permitted uses.
H. General Provisions
1. Non -conforming uses and sees.
a. Any structure or use existing upon the effective date of this ordinance which does
not conform to the restrictions of a particular use district shall automatically continue
as a non -conforming structure or use.
b. Whenever a non -conforming building or structure has been damaged by fire, flood,
explosion, earthquake, war, riot or other disaster, it may be reconstructed when the
damage to the building or structure is fifty percent (50%) or less of its fair market
value. Where the damage is more than fifty percent (50%), reconstruction shall not
be permitted for any structure that does not meet the minimum required standards
of this ordinance.
c. Any extension, enlargement or alteration of an existing non -conforming structure
or sanitary facility shall meet all the setback standards of this ordinance.
2. Sanitary standards and criteria. The following standards shall apply to both districts:
a. All parts of on-site sewage disposal systems shall be setback at least seventy-five
(75) feet from the normal high water mark.
b. No on-site sewage disposal system shall be placed within designated floodplain.
c. No person, firm or corporation shall install, alter, repair or extend any individual
sewer disposal system without first obtaining a permit from the Building Inspector
for the specifically approved installation, alteration, repair or extension.
3. Marinas and Boat Launching Ramos
a. Boat Launching Ramps
1) boat launching ramps may be located only where access streets are adequate
to handle the traffic load generated by the facility;
2) shared or joint use accessory parking will be preferred. Loading will be
permitted only at ramps. Parking areas must be screened from the river and
adjoining residential property and located at least twenty-five (25) feet from
the normal high water mark;
54
3) the impact of the accessory parking must not adversely affect the environmental
quality of the site or the surrounding land uses;
4) boat launching ramps and minor accessory buildings and haul -off facilities must
be in character and scale with the surrounding land uses and intent of the
Mississippi River Corridor designation.
b. Public Marinas. Public marinas shall be permitted subject to the following-
1)
ollowing1) the marina must have on-site lavatory facilities adequate to serve the marina
clientele; .
2) off-street parking areas should be provided in accordance with the requirements
set for boat launching ramps;
3) areas for the winter storing of boats should be naturally screened from view
from the river and from up -land lots;
4) the marina shall be designed for and used only by pleasure craft;
5) maximum height of any buildings or structures shall be thirty-five (35) feet;
6) accessory uses customarily incidental to public marinas, including fuel stations,
may be permitted provided they are consistent in scale and intensity with the
marina and surrounding uses and meet required standards of the Department
of Natural Resources, Pollution Control Agency, and the U.S. Army Corps of
Engineers.
4. Riverfront Uses. Riverfront uses shall be preferred in the following order:
a. Water related;
b. Non -water related with public pedestrian access;
c. Non -water related without public pedestrian access.
5. Pilines. Dredeing. and Filling. No pilings shall be driven into the riverbed except as is
necessarily incident to water dependent uses. Landfill and dredging shall not be
permitted except as incident to a water dependent use when no feasible alternative
exists. Dryland disposal of dredge spoils shall be authorized on shore sites which contain
no unique or valuable resources. Dryland disposal of dredge spoils shall be subject to
the site planning requirements set forth in Section 93 B. of this ordinance.
I. Subdivision
1. Land Suitability. No land shall be subdivided which is found by the City to be unsuitable
for reason of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, unfavorable topography, inadequate
water supply or sewer disposal capabilities or any other feature likely to be harmful to
the health, safety or welfare of the future residents of the proposed subdivision or the
community. The City, in applying the provisions of this section, shall, in writing, cite the
particular features upon which it bases its conclusions that the land is not suitable for
the proposed use and afford the subdivider an opportunity to present evidence regarding
such suitability at a public hearing. Thereafter, the City may affirm, modify or withdraw
its determination of unsuitability.
2. All subdivision of property shall comply with the applicable provisions of the underlying
zoning district standards and subdivision regulations of the City.
3. In the rural open space district the minimum lot size for residential units shall meet
the minimum lot size requirements for a Rural Service Area as defined in the City of
Rosemount Comprehensive Guide Plan.
55
J. Administration
I. Procedures. In addition to applicable administrative procedures set forth in Ordinance
B - City of Rosemount Zoning Ordinance, the following procedures shall be
implemented with respect to land use, subject to this ordinance.
a. A public hearing shall be held by the City of Rosemount for all underlying zoning
district amendments, rural open space and urban diversified district amendments,
plats, and variances to this ordinance.
b. The City shall notify the Environmental Quality Board (EQB) of applications for
amendments filed with the City for the following:
1) The amendment of the urban diversified and rural open space district
boundaries;
2) An amendment to this ordinance.
c. The City Council shall give due consideration to the comments, if any, received
from the EQB concerning the application in making its decision.
d. Within ten (10) days after the final action, the City Council shall notify the EQB
of its final action on the application.
e. The applicant for any permit requiring a public hearing shall submit to the City, at
least thirty (30) days prior to such hearing, an abstractors certificate showing the
names and addresses of all property owners within th-me hundred (x11_ feet of the
property, any affected townships, and the municipal council of any municipality
within two (2) miles of the affected property.
L Notice of the purpose, time, and place of any such public hearing shall be mailed
to all property owners and affected governments as listed in Paragraph e by the City
at least ten (10) days prior to the date of the hearing.
g. Notice of the purpose, time, and place of any such public hearing shall be published
in the official newspaper of the City at least ten (10) days prior to the date of the
hearing.
2. Variances
a. Variances shall only be granted where there are particular hardships which make
the strict enforcement of this ordinance impractical. Hardship means the proposed
use of the property and associated structures in question cannot be established
under the conditions allowed by this ordinance; the plight of the landowner is due
to circumstances unique to his property, not created by the landowner after the
adoption of this ordinance; and the variance, if granted, will not alter the essential
character of the locality. In addition, no variance shall be granted that would permit
any use that is specifically prohibited in this ordinance. Conditions may be imposed
in the granting of a variance to insure compliance and to protect adjacent properties
and the public interest, especially in regard to the view from the river.
b. The formal public hearing for a variance shall be held asset forth in Ordinance B -
City of Rosemount Zoning Ordinance.
3. Reguirements of the Applicant for a Public Hearing
a. The applicant shall submit sufficient copies of the following information, and
additional information as requested, to the City thirty (30) days prior to the public
hearing on the application for a variance, platting of property, and rezonings.
1) Property survey showing the property location, boundaries, dimensions,
elevations, blufflines, utility and roadway corridors, the ordinary high water
mark, floodway, and floodplain.
2) The most recent aerial photo of the property with property lines drawn in.
56
3) Location of existing and proposed structures including height and setback
dimensions.
4) Location of existing and proposed alterations of vegetation and topography.
5) Adjoining water related uses.
6) Suitability of the area for on-site waste disposal. Type, size, and location of the
system shall be indicated.
7) Water supply system.
b. Factors to be considered.
1) When considering a proposal or zoning amendment within the Mississippi River
Corridor, the City shall address the following items in making its decisions:
a) preserving the scenic and recreational resources of the Mississippi River
Corridor, especially in regard to the view from and use of the river;
b) the maintenance of safe and healthful conditions;
c) the prevention and control of water pollution, including sedimentation; and
d) the location of the site with respect to floodways, floodplain, wetlands,
slopes, and blufflines.
B. Violations and,Penalties
L Any person who violates or fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed ninety
(90) days for said offense. For each day the violation continues, a separate offense
shall be declared.
2. In the event of a violation or threatened violation of this ordinance, the City may
institute appropriate actions or proceedings to prevent, restrain, correct or abate such
violations or threatened violation and it is the duty of the City Attorney to institute
such action.
57
Mississippi River Critical Area
I \•
. � MSP41M1� M'
►
0.
POS ...
POS
POS
G i
RURAL
23GI ♦ I. �.
1
P/1 ♦ AG
AQ
._`\\.�'. ./ ► Alf ♦• '�`
26 /1 Y
20
PA 1 1
-- A" I i
UNIVERSIT (.• b11NUES01 –�-•-�--- L! ", "'<= --�� -- . .) I — _... _ ��
1
....,�rr _.... _.. I I AGPA .:
/IOSEm Of RES An If CEP En
-- - - I — ARBA ILI
� j f I I I ,�•• I
LEGEND "
1990 URBAN SERV. AREA 111-1 H1011 DENSITY RES(DERTIAL �
• I) /I mini Or R nn 1111111Ai ►-1rg1nrHT1AI � � � � � I eT14