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Home My WebLink About6. Zoning Ordinance Amendment i � ' • s �) P n f.)t�X 510 ' �/Z�� 28T5-145TN ST. W. !�C y� RC�SEMflIiNT. MItJNESnTA 55068 VJ��•0�/f�� 612--423-441f /�M C� , TO; CITY COUNCIL FROM: MICHAEL WOZNIAK� AICP, CITY PLANN�R DATF: NOVEMBER i?, 1989 SUBJ: NOVEMBER 21, 1989 - REGULAR I�BETINt3 REVILWS FUBLIC BPARINC,i �ONII+TC� ORUINANCB AMBNDMBNT Enclosed witi� this review is a copy of an �rdinance Amendment for Ordinance B (Zoning Ordinance) . As was diseussed at the last Councii Meeting when considering setting this hearing, the amendment to be considered would affect three s�ctions of the Zoning Ordi.nance. First, Cauncil Memb�er Napper has proposed that the gortion of the 2oning Ordinance (Section 7.2.A.6. ) which includes provisfons for the regulation of acces�ox�r buildings m�y be more restrictive than what was intended by City Council. Speci�ically M�. idapper's concerns regard the following language: "Aceessory building to be cons�tructed in the A (Agriculture) or AG- P (Agricuitural Preserves} Districts east of Akron Avenue are limited to a maximum aggregate total of 2404 square feet af area for properties under 20 aeres in size or if the building is for non agricu�.turai use. " Mr. Napper has suggested that the term "aggregate total" shou].d be removed €rom this provision because it is overally restrictive far ` Agricultural properties urider 20 acres in size located east erf Akron Avenue. After discussion of this matter at the last Ccauncil Meeting, Staff realized that a Pianning Commission recommendation was required for a zorring amendment being prcaposed by a City Cauncil Member. Staff requested a recommendatian fram the Planning Commissian at their last meeting on November 14th. S�aff unintentionally neg�.ected to inform Council Membe� Idapper that the Planning Commi.�ai.on wQuld be ' cansidering the proposed amendment regardi.ng acces�ory building requlatians at their meeting on Navember 14th. The Planning Commission recommended against changing the current Qrdinance language. Although staff presented M�. Napper's reasoning for proposing the amendm�nt it is the consensus amang s�aff that Councii Member Napper was not provided ample opportunity to present his reasons far the change to �he Commissican. S�.aff would ask that the eouneil discuss this proposed amendment further and consider referring it back to the Planning Commission to :allaw Mr. Napper an appropriate opportunity to address the Commi,ssion. - � • � The other changes to the zoninq ordinance which Cit� Council will be asked to consider relate to a proposal to develop a Lands�ape Nursery which was recently denied by the Planning Commission. In considering the proposai the Planning Commission recognized that the following uses which are permitted in tha Agriculture Qistrict are ncat defined in the zaning ordinance: Agricultural Stand, Landscape Nursery, and Commercial Greenhouse. The Planning CQmmission has recommended that the following definitions for those terms be added to the zoning ardinaflce: Aqricultural Btand: A baoth or stall located on a farm fram whieh praduce and farm products are sold to the general pubiic. commercial Greenhouss�t A structure in whieh plants, vegetables, flawers and similar mat�rials are grown for sale. Landsaape Nurseryz Land or greenhouses used to raise flawers, trees, shrubs and plants f4r sale. At the last Counc�.l Meeting tl�ese definitfons recommended by the ` Planninq Commission were di.scussed by Council and it was rec,�uested that staff provide definitions w2�ich more clearly identify what type of sales are allowed in conjunetion with those uses. City Attorney Roger Knutson has drafted a somewhat mare restrictive definition for Aaricultura�, Stand and has drafted two sets of definitions for Commercial Greenhouse and Landscape Nursery (see attached sheets) . One set of the definitions proposed clearly allows r�tails sales with these uses and the other set allows only wholesale sales. At its last meeting on November 14th the Planning Commission clarified its recommendation by indicating a preference ' not to allow reta37. sales in conju»ctfon with Commerci.al Gre�nhc�uses and Landscapa Nurseries. 3taff will further discuss • the merits and drawbacks of t,hese options at the meeting. Also xelating to the recent Planning Commission action on the ' Landscape Nursery propasal is a reeommendatior► from staff regarding the am�ndment of tl�e zoning ordinance to establish an appeal procedure to City Cauncil for Planning Commission actions on Site Flan Reviews. The Zaning Ordinance requires that applications for all non-residential building permits be subject ta a site plan review by the Planni n Comm iss' io � n. However, the Ordinance ` establishes no furthe r adminis trative appeal to City Counci,l. Therefore if an applicant is denied by the Plannin� Commission his only recQurse would be to take 1�gal action against the City. Such action could require the City to expend considerable Tegai fees (i.e. defending against a lawsuitj . The Planning �ommission recently denied site plan approval for the Rose Cliff Landscape Nursery a proposal for a landscape nurse�y opera�ion t4 be located at the intersection of 12{?th Street and South Robert Trai1. City staff had recommended approval of the project with conditior�s. The Developer of the proiect has exp�essed a desire to appeal the decision by whatever procedure the City may es�ablish, Unless an appeal procedure is established this may be a situation where the .. . . . . .M •. ( � � � � � . . .� S ... . .. . . . . applicant will elect to file suit against the City. It is the consensus of City staff including the City Attorne�r that an appea2 procedure should be established to allaw City Cauncil to consider appeals to Planning Cammission �ctions an building permits. This would require amendment to Section 14.4 af the Zoning prdinance to provide language indicating the right for an applicant, resident, or councii member to appeai a Planning Commissions site plan actian provided the appeal is filed within 10 days of the action. The procedure in a warst case scenaria would allow City Coun�il an opportunity to review Planning �ommission actions priar to facing legal aation. The Planning Commission has considered this matt�er and recommended in favor af estab3ishing an appeal procedure. The language proposed to establish the appeal procedure is included in the Ordinance Amendment attaahed to this review. Cauncil should bear in mind that the language shown on the Ordinance Amendment form refiects the language being considered at the �ime the amendment was initiated. Tt�e specific language proposed ta be changed may be modified upon the perogative Qf Caunc�l. For example, Council. may elect to substitute some of the definition� for Landscape Nurser�r and Commereial Greenhouse prepared by the City Attorney for thcase which were recommended by the Planning Commission. ; . . . YI '� � 1 � � � � . �. � . . � . . . .. . .. . Aqricu2tural 8tand. A baoth or stall operated no more tMan four (4j months in a calendar year located on a farm from whi�h farm praducts raised on that farm are sold to the general public. • . � . - = CAMPB��_L, KNUTS��N, St�;C�TT � FUC;HS, P.A. Art�,r i�cy�s ar Law (�hum,is}. (;;nii�,l. ll I{ci}„cr N. Kntitsur, (612a 45(�-95 i') � [�hnma,:�9. 5�.ntt� � � � � � � I;Ecsintile(fil2)45(i-�)��}? � � iarr t;. f�ucf�: ;:�tt�cs IZ. \Y��I<rc>n '=.tliuct l3. Knrrscl� : �>ennis). l 1n�,cr Navember t4. 1989 Mr. Michael Wazniak Rosemount City Hall 2875 - 145th 9treet West P�.�. Box 51 Q Rosemount, Minnesota 55068 RE: Zoning C3rdinance Amendments Dear Mike: Enclosed piease find the zoning ordinance amendments you requested. I have not put them in final ordinance form beeause you requested several variations. � truly urs, � : CAM BELL, UTSON, SCOTT & F S, P.A. �Y: r N. Knutson RNTZ:srn Fnclosure S:R�,1;�� `ic�ir,�re (?iFic-t� fil • .5t�it�� 2171 • 34(�C1 Wa�l�in�tcxi I'lrive • E��;an, t�1N 55122 : � i � Agricultural Stancl. A booth or stall operated no more than four (4) months in a calendar year lacated on a farm f�om which farm produets raised on that farm are sold to the general public. ._, � � (RETAI L) Commeraial Gre�nhouse. A structure in which vegetables and flowers are grown indoors from seed far sale, Exterior storage is prohibited, Accessory sales are Zimited to the following; pots, planters, potting soil, fertilizer, seed, and similar items. Landscape Nursery: Land or greenhouses used to grow from seed or seedlings flowers, trees, shxub� and p].ants for sale. Flcawers, trees, shrubs and piants growr� outdoors must be grown bare root in the : ground and may not be grown above ground in planters and the 1�.}�e, Exterior storage is prohibited. Accessary sal,es are limited to the foliowing: pots, planters, potting soil, fertilizer, seed, and similar items. (1PHOLE8AL8 j Commeraial t3reenhouse. A structure in which vegetables and flowers are grown indoQrs from seed exclusively for sales at who].esale to retailers and jobbers. Exterior storage is prohibited. Accessory sales are limited to the followingt pots, planters, pottinq soil, fertilixer, seed, and similar items. Lancl�so�ps �turssr�s I,r�nd or greenhous�s used tc, grow �rom �eed °or seedlinqs flowers, trees, and shrubs exclusively for sale at wholesal� to contractors, jobbers and retail�rs. Flowers, trees, and shrubs grown outdoors must be grown bare root in the ground and may not be grown above grQund in planters and the like. Exterior storage is prohibited. Accessory sales are limit�d to the following: pots, planters, potting soil, fertilizer, seed, and �imilar items. , CITY OF ROSEMOUNT � ORDINANCE �-I AN ORDINANCE AMENDING QRDINANCE B - ZONING ORDINANCE The City Council of the City of Rosemount, Minnesota ordains as foliowst �F.�T,lON I. Ordinance B, adopted 5eptember 19, 1989, entitled, "AN ORDINANCE ESTABLISHING ' ----- �QNING REGULATI�NS IN THE CITY OF ROSEMQUNT," is hereby amended to read as follows: SECTION 3; The following definitians shall be added to Subsection 3.2 of Ordinance B: �'icultur� Stand A booth or stall located on a farm from which prodttce and farm products are so}d to the general public. Csmmer �}� Greenhoage A strueture in wt�ich plants, vegeEables, flowers and similar materials are grotvn for sale. I�n�pg l'�nrserv Land or greenhouses used to raise flowers, trees, shrubs and plaats for sale. SECTIQN '7: Subsection 7, Subparagraph A(6) shatt be modified to read as follov�s; 6. A,ccessorv Buildings: Maximnm area permitted for prefabricated naetal storage buildings in R- � 1, R-2 , RL, RR and AG (under 2Q acres and or for non agricultural use/west a# Akron Avenue) Districts is 12tJ square feet. Maxirnum aggregate totat far any accessory building{s) in R-1, R-2 and RL Districts is l,OQU square feet exeluding attached garage footing; and in the RR or A {under 20 acres andfor for non a�ricultural use/west of Akron Avenuej pistricts is 1,200 square feet, excluding attached garage footage. Any accessary building in R-1, R-2,RL, RR or AG (under 20 acres andlor for non agricultural use/wesE of Akron Avenue) L}istricts over 150 square feet must be eonstructed of materials comparable with and complimentary to principal structure. Comparable treatment includes the follawing requirements: a. A minimum 3:12 roof pitch. b. Roofs sh�tl he shingled with asphatt, wood or tile to match tl�e home. c. Adequate number of windows shall be provided to break up the solid plane or exterior waHs to simulate the character of the home. d. Siding which is identical or closely matches the home shall be incarporated in the design of the accessory building, Accessory buildings to be constructed in the A (Agricutture) or AG-P (Agricultural Freserves) Districts east of Akron Avenue are timited to a maximum oi 240U square feet of area far propertiss under 2U acres in size or if the building is for non agricultural nse. SECTIQN 14: Subsection 14.4, Subparagraph A(1} is amended to read: 1. Na building permit shatl be issued untit a site plan has been prepared in accardance vuith th� provisions of this ordinance and approved by the Planning Commission. The applicant, a member of the City Council, or any resident of the City af Rosemaunt may apQeal the Planning Commission decision to the City Council. An appeal mast be filed with the City Administrator/Cterk within ten (10) days after khe Planning Commissian decision. SE-r"�'�,t)N lI. This Qrdinance sha11 be in tull force and effect fram, and after its publication according to law, Enacted and ordained into an Ordinance this day of 1989. ATTEST: Rollan HQke, Mayor Stephan Jilk, Administrator/Clerk Publishecl this day of , 1984 in the Dakota Countv Tribune. � � j P Q. 8�X S1� �[� O 2875-1AbTN ST. W. ` ROSfiMOUPlT. MINNESflTA 55t#`i8 4�SCY�f,1?��2� s�z—azs-4�t� Affidavit of Posted Hearing No#ice P�c�pased Amendm�n#, 4rdln�nc� B • Zoning Ardinar�ce i't�'�'!'B OF MiNN1:.SOTA ) Ct)YJNTY UF nAKOTA ) ss C1'['Yl QF ROSLMUUNT ) �+ . Ste;�han Jilk, being tirst duly sworn, deposes and suys: I am a U'nited States citiaea and the ctuly qualified Cterk of the City of Rosemount, M►nne�ota. On Na�vember� 1989, aeting on behalf of the said Cfty, I posted at tt�e City K�lt, 2875 I�15th Street West, Rosemount, MN a copy of the attached notice of the Nov�nber 21, 19R1 publir hearing regarding consideration of an Amendment to Sections Three, Seven and FoaMeen of the Qrdit�ance B - Zoning Ordinance. a ,,; 1 ,�,. rr � ' "'�� e C..,- ' � Stepha�� Jilk , Admir�lstrator/Clerk � � �,, r City of Rosemount N��knia-C:niinty, Minnesots� Su�bscribed and sworn to before me th€s 7th day of November, i989. � � Notary Public �r,r:•�,,nnnnr+�w�.�rn,t,v�nn.xnnrm,v�nnn�s� � � �t� f�•!t, 1�;=!��a � ,�,� ` .� r:�rr ��niint�r r�i �;�tr:�?tA � ".�.» ° C"'•.UTA LC�J��TY � � MY CG .t EXf1fi�S.FUME 11. 1� n WkWV; ■ • ! i'n f�nX 51(1 �2�� 2875-1A5TN Si W ��E�Q�/�� RQSFM�fl1NT. MIMNES�TA 55t�$ 612---A23-A411 Pubiic Notice Propa►sed Amendment, Urdinance B - Zoning t)rdin�nt� TO WHpM IT MAY CONC�RN: NOTICE IS HEREBY GIVEN,that the City Council of the City of Rosemeunt will ccrnduct a �ublic hearing on Tuesday, Novemt�er 21, 19$9, in the Council Chambers of City Hali� " . 2f�75 145th Street West, t�eginning at 8:00 p.m. The purpose of this hearing is to eonsider � an amendment to the Ordinance B - ZQning Qrdinance, affecting three sections a# that ' document. Proposed to be added to Section Three {Definitions) are defiaitions for the follc�wing terms: Agricultural Stand, Commercial Greenhouse and Landscape Nursery, A pr�pcfsed change to Section Seven of the Ordinance would modify restrictions piaced upon thc cc�nstri�cticm c�f acccssory huilding� �n �ro}�erty IcKated east �f Akron Auenue in Rcncmouni. Currentiy, f�r properties 7nned Agticulture or Agriculture Preserve which are Ic�s 1 han twenty acres in size, thcre is a si�e restrieti�n I'or accessory buildings of a maxi�»um aggregate tota! o[24flff square fc*et. The proposed change in ihe ordinance would cause the reference to aggregate total to be removed. Lastly, a praposed chan�e to Section Fourteen of the Zoning Ordinance ta be considered includes the addition of a procedure to appeat Planning Commission decisions on Site Flan Reviews of Builditig Permik Applications to the City Council. Such persons as desire tc� he heard with referenee to th� aMc�ve item will he heard at this ntecting. Dated this 7th day af November, 1989. /S Ste han Jilk, Administrator/Clerk City vf Rosemount Dakota County, Minnesata