HomeMy WebLinkAbout7.a. 21-54-TA Zoning Ordinance Text Amendment Discussion Changing Maximum Building Height in the R-4 High Density Residential Districts and the Downtown District
EXECUTIVE SUMMARY
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City Council Meeting: February 15, 2022
AGENDA ITEM: 21-54-TA Zoning Ordinance Text
Amendment Discussion Changing
AGENDA SECTION:
Maximum Building Height in the R-4
Public Hearing
High Density Residential Districts and
the Downtown District
PREPARED BY: Eric Van Oss, Economic Development
AGENDA NO. 7.a.
Coordinator
ATTACHMENTS: Resolution APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Recommend the City Council Adopt an
Amendment to Sections 11-4-9 and 11-4-11 of the Zoning Ordinance Related to Maximum
Building Heights 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 not to exceed 48’. Staff is also recommending the maximum building height in the
Downtown District be changed from 45’ to 4 stories not to exceed 48’.
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
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Redevelopment the 4 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’
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 not to exceed 48’ in that district:
11-4-9: 8. Maximum building height:
a. Principle structure: 4 stories not to exceed 48’
The proposed amendment would change the 45’ maximum building height that is currently listed in the
Downtown zoning district to 4 stories not to exceed 48’ in that district:
11-4-11: 6. Maximum building height
a. Principle structure: 4 stories not to exceed 48’
RECOMMENDATION
Based on a review of the zoning ordinances of other communities and on the information contained
within this report, staff is recommending that 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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City of Rosemount
Ordinance No. B-297
AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING
ORDINANCE B RELATING TO THE MAXIMUM BUILDING HEIGHT IN THE R-4
RESIDENTAL DISTRICT AND THE DOWNTOWN DISTRICT
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is
hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 11-4-9-F: Minimum Lot
Requirements and Setbacks:
8. A. Maximum Building Height: Principal structure: Thirty five feet (35'). Four (4) stories not to
exceed forty-eight feet (48’).
Section 2. Rosemount Zoning Ordinance B, Section 11-4-11-F: Minimum Lot
Requirements and Setbacks:
6. A. Maximum Building Height: Principal structure: Forty five feet (45'). Four (4) stories not to
exceed forty-eight feet (48’).
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
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ENACTED AND ORDAINED into an Ordinance this 15 day of February, 2022.
CITY OF ROSEMOUNT
______________________
William H. Droste, Mayor
ATTEST:
Jessie Paque, Deputy City Clerk