HomeMy WebLinkAbout6.a. TA Max Building Height
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: October 26th, 2021
Tentative City Council Meeting: November 16th, 2021
AGENDA ITEM: 21-54-TA Zoning Ordinance Text
Amendment Discussion Changing
Maximum Building Height in the R-4
High Density Residential Districts and
the Downtown District
AGENDA SECTION:
New Business
PREPARED BY: Eric Van Oss, Economic Development
Coordinator AGENDA NO. 6.a.
ATTACHMENTS: Comprehensive Plan Map APPROVED BY: AK
RECOMMENDED ACTION: Motion to Recommend the City Council Adopt an
Amendment to Sections 11-4-9 and 11 -4-11 of the Zoning Ordinance R elated to Maximum
Building H eights in the R-4 High Density Residential District and the Downtown District.
SUMMARY
Rosemount has several sites guided for High Density Residential. Many of these sites are greenfield parcels
situated along the growing County Road 42 corridor , or redevelopment sites in downtown. Currently the
maximum building height for R-4 High Density Residential is 35’. In the Downtown District maximum
building height is 45’. The development community has indicated that the current 35’ and 45’ maximum
height requirement limits the financial feasibility of developing these sites. Therefore, staff is
recommending the maximum building height in the R-4 High Density Residential District be changed
from 35’ to 4 stories or 5 stories with 1st floor parking. Staff is also recommending the maximum building
height in the Downtown District be changed from 45’ to 4 stories or 5 stories with 1st floor parking.
BACKGROUND
Legal Authority. Text amendments are considered legislative actions. In such cases, the City has a lot of
discretion in its deliberations and application outcome.
TEXT AMENDMENT
Staff spoke with developers regarding past and planned projects. The costs of multifamily construction
have greatly increased in suburban markets. Fixed costs like land, elevators, roof, and underground
parking/foundations has become increasingly expensive . The cost of underground parking is particularly
expensive; however, underground parking is preferable to surface level parking. In the Morrison
Redevelopment the 4th story was critical to the financial feasibility of the project, especially due to the
significant cost associated with the underground parking garage. Most developers need additional density
and units to spread out the fixed costs associated with development.
Staff reviewed other communities’ maximum building heights in similarly designated high density and
mixed-use districts. Among Rosemount’s neighboring communities , similar high-density districts have
higher maximum building heights or story requirements. Rosemount has the lowest maximum height
requirements for high density districts in the area. Some suburban communities have ceased regulating
building height for high density districts.
2
Some examples of height maximums are in the table below:
City Zoning Height
Apple Valley M-8 5 stories or 65’
Eagan R-4 Residential Multiple District 60’
Lakeville M-2 Mixed Use Cedar Corridor 4 stories or 48’
Both the City’s Comprehensive Plan and Commercial Visioning project outlined a need for diverse
housing options and mixed-use residential projects that support walkability and commercial nodes.
Multifamily projects are a key element to achieving diverse housing stock, affordability, and mixed-use
commercial centers. As it stands, the current height maximums in the two districts represent a barrier to
achieving these long-term policy goals.
Developers are not able to ask for a variance, as economic considerations alone do not constitute practical
difficulties in complying with the zoning ordinance. Currently any proposed project that exceeds the height
maximum would have to be approved as a Planned Unit Development (PUD). PUDs are generally
reserved for times when the zoning ordinance regulations do not accomplish the Comprehensive Plan
goals for a specific site. Since the barriers to development due to the maximum height requirements apply
to all R-4 or Downtown zoning districts, staff recommends it is most appropriate to amend the zoning
ordinance. The 35’ maximum height requirement was implemented at time when suburban multifamily
development took place under difference economic conditions. Due to the change in market conditions,
the maximum height requirements in zoning ordinance are no longer able to further the goals set forth in
the Comprehensive Plan within the R-4 and Downtown zoning districts. Staff recommends the code
should be amended to reflect this reality and to also limit the use of PUDs as a way to circumvent the
zoning ordinance. Updating the zoning code allows the city to have a more consistent planning policy and
helps streamline the entitlement process to both the benefit of the City and developers.
The proposed amendment would change the 35’ maximum building height that is currently listed in the R4
zoning district to 4 stories or 5 stories with 1st floor parking in that district:
11-4-9: 8. Maximum building height:
a. Principle structure: 4 stories or 5 stories with 1st floor parking
The proposed amendment would change the 45’ maximum building height that is currently listed in the
Downtown zoning district to 4 stories or 5 stories with 1st floor parking in that district:
11-4-11: 6. Maximum building height
a. Principle structure: 4 stories or 5 stories with 1st floor parking
CONCLUSION
Based on a review of the zoning ordinances of other communities and on the information contained
within this report, staff is recommending that the Planning Commission discuss and forward a
recommendation to the City Council hold a public hearing to discuss and ultimately adopt an amendment
to the zoning ordinance to change the building height maximum in the R-4 and Downtown zoning
districts.
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MINNESOTA
4/21/2020
T:\Project\CommDev\LandUse_Zoning.aprx I:\GIS\Map_Library\CommDev\LandUse\Land Use Comp Plan 11x17.pdf
2040 Land Use Plan
0 0.5 10.25 Mile
2030 MUSA
2040 MUSA
AG Agriculture
DT Downtown
NC Neighborhood Commercial
RC Regional Commercial
CC Community Commercial
AGR Agricultural Research
RR Rural Residential
LDR Low Density Residential
TR Transitional Residential
MDR Medium Density Residential
HDR High Density Residential
PI Public/Institutional
PO Existing Parks/Open Space
BP Business Park
LI Light Industrial
GI General Industrial
WM Waste Management