HomeMy WebLinkAbout2.b. Zoning Ordinance Text Amendment Discussion Changing Maximum Building Height in the R-4 High Density Residential District and the DT Downtown District
EXECUTIVE SUMMARY
City Council Work Session: November 1, 2021
AGENDA ITEM: Zoning Ordinance Text Amendment
Discussion Changing Maximum Building
Height in the R-4 High Density
Residential District and the DT
Downtown District
AGENDA SECTION:
Discussion
PREPARED BY: Adam Kienberger, Community
Development Director and Eric Van Oss,
Economic Development Coordinator
AGENDA NO. 2.b.
ATTACHMENTS: Comprehensive Plan Map APPROVED BY: LJM
RECOMMENDED ACTION: Discussion and feedback on the recommendation of the
Planning Commission regarding high density maximum building heights.
BACKGROUND
Rosemount continues to seek a variety of housing options, and currently 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 brought a recommendation to the Planning
Commission to discuss amending the maximum building height in the R-4 High Density Residential
District 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. The Planning Commission discussed this item at their meeting on October 26th.
Staff spoke with several 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. 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’
Rosemount R-4 / Downtown District 35’ in R4, 45’ in Downtown
2
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 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
Planning Commission discussed this item at their meeting on October 26th and agreed with the
recommendation while also adding a maximum height limit to be determined by staff. Typically, these
types of text amendments are done with a Public Hearing via the Planning Commission and forwarded to
the City Council for final adoption. In this instance staff wanted to seek direct feedback from the City
Council prior to presenting a text amendment for Public Hearing and recommendation.
If the City Council agrees with the staff and Planning Commission direction, a Public Hearing will be
scheduled for an upcoming City Council meeting so this change can be adopted yet this year.
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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