HomeMy WebLinkAbout09/11/12City of Farmington
430 Third Street
Farmington, MN 55024
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) August 15, 2012 Regular Meeting
3. PUBLIC HEARINGS
a) Variance from the minimum lot size requirement within the A -1 Zoning District to allow the creation of a parcel less
than 40 acres in size through the waiver of plat process
Applicant: John Devney
5788 212 Street W
Farmington, MN 55024
4. DISCUSSION
a) Modification to the Tax Increment Financing Plan for the HRA Redevelopment District No. 2
b) Industrial Park standards and use changes
5. ADJOURN
AGENDA
PLANNING COMMISSION
September 11, 2012
7:00 P.M.
CITY COUNCIL CHAMBERS
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TO: Planning Commission
FROM: Tony Wippler, Assistant City Planner
SUBJECT: Variance from the minimum lot size in the A -1 Zoning District John Devney Property
DATE: September 11, 2012
INTRODUCTION
The applicant, Devenshire Farms, is seeking a variance from the minimum lot size requirement in the Agricultural Zoning
District (A -1) to split off a 13.48 acre parcel from an existing 79.82 acre parcel. The minimum lot size in the A -1 Zoning
District is 40 acres. The subject property is owned by John Devney.
PLANNING DIVISION REVIEW
Applicant:
Property Owner:
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Devenshire Farms
Mike Devney
5788 212 Street W
Farmington, MN 55024
John Devney
5788 212 Street W
Farmington, MN 55024
Property Location: Generally located East of Fairgreen Avenue, West of Pilot Knob Road and South
of CSAH 50 (see Exhibit A)
Existing Lot Size: 79.82 acres
Proposed Lots after
Subdivision: One 13.48 acre parcel and one 66.34 acre parcel
Existing Zoning: A -1 (Agricultural District)
2030 Comprehensive Plan: Agricultural
Existing Land Use: Agricultural uses
Surrounding Land Uses: Agricultural uses to the North, East, West, and south. Single family homes
(owned by the Devney family) adjacent to the Northwest.
DISCUSSION
Nonconforming Parcel
The minimum lot size requirement for properties within the A -1 Zoning District was amended in May of 2002. The
previous minimum lot area requirement was one (1) acre and was changed to 40 acres. The applicant and owner are
requesting to split the subject property into two parcels (a 13.48 acre parcel and a 66.34 acre parcel), one of which would
be less than 40 acres in size. The creation of a parcel in the A -1 Zoning District less than 40 acres in size requires the
approval of a variance from the Commission. Mr. Devney would like to split off the farm building site to gift to his sons.
The following is a list of properties that have received similar variances in the past from the A -1 Zoning District
standards:
T. Donnelly 7 -10 -12 (2 parcels) approved
Pelach 6 -12 -12 (4 parcels) approved
Malszycki 3 -9 -10 (2 1 acre parcels) approved
P. Donnelly 10 -10 -06 (5 acre parcel) approved
ISD #192 10 -10 -06 (18.4 acre parcel) approved
T. Donnelly 6 -10 -03 (5 acre parcel) approved
Kindseth 2 -11 -03 (1.42 and 1.69 acre parcels) approved
Ward 1 -14 -03 (4.71 acre parcel) approved
B. Donnelly 12 -10 -02 (30 acre parcel) approved
The Board of Adjustment may vary from the regulations of this Title if the following requirements are met:
1. Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the
specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties.
Economic considerations alone does not constitute practical difficulties.
The City Code was amended in May of 2002 to increase the minimum lot area required for properties in the A -1
Zoning District from one (1) acre to forty (40) acres. If the Code amendment had not occurred, the applicant and
owner could proceed with the waiver of plat and be in complete compliance with the Zoning Code. The
amendment to the code, therefore, may have caused practical difficulties for the applicant and owner.
2. That the variance would be consistent with the comprehensive plan.
The comprehensive plan shows the properties as agriculture. The uses of the properties will remain agricultural
therefore; the properties are consistent with the 2030 Comprehensive Plan.
3. That the variance would be in harmony with the general purposes and intent of this title.
The owner of the property, Mr. John Devney, wishes to split off the portion of the 78 acre parcel that houses the
family farms' building site in order to gift it to his sons. The remaining 66.34 acre parcel will continue to be
farmed. The granting of a variance in this instance would be in harmony with the general purpose and intent of
this Title.
4. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought
and are not applicable, generally, to other properties within the same zoning classification.
When the City Code was amended to increase the minimum lot size in the A -1 Zoning District, several properties
became nonconforming. The subject property, along with the majority of properties in the A -1 Zoning District,
5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having
an interest in the parcel of land.
6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in
the vicinity in which the parcel of land is located or substantially diminish property values.
7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of
fire, or be detrimental to the public welfare or public safety.
The proposed variance would not result in any of the above mentioned adverse effects.
8. The requested variance is the minimum action required to eliminate the practical difficulties.
however, did not become nonconforming and does comply with the minimum lot size requirement of 40 acres,
thereby making this parcel unique.
When the City Code was amended to increase the minimum lot size within the A -1 Zoning District, several
properties became nonconforming and a hardship was created.
Granting the variance to create a 13.48 acre parcel would not alter the character of the area or have a negative
impact on other property within the vicinity. Both parcels would continued to be utilized for agricultural
purposes.
The granting of the variance would allow the gifting of the farm building site to the property owner's sons while
the owner still maintaining the surrounding farmland. It is the minimum action required to eliminate the
practical difficulties.
9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the
affected person's land is located except that the temporary use of a one family dwelling as a two- family dwelling
may be authorized by variance. The alleged hardship difficulty or hardship is caused by this Title and has not
been created by any persons presently having an interest in the parcel of land.
The practical difficulty was not created by the owner or applicants or any other person having an interest in the
property.
ACTION REQUESTED
Approve the variance to allow the creation of a 13.48 acre parcel of land on the John Devney property generally located
East of Fairgreen Avenue, West of Pilot Knob Road and South of CSAH 50 through the waiver of platting process.
Respectfully submitted,
IMO
Tony Wippler, Assistant City Planner
Cc: John Devney
D1' 43z. t` l`? B F d
SUBMITTAL REQUIREMENTS
Proof of Ownership
'E Application Fee ($200)
Boundary Lot Survey
ignature of Property Owner
Comments:
Conditions Set:
.1)
Address/ Legal Description (lot, block, plat name, section, township, range)
Copies of Site Plan
Abstract/Residential List (adjoining property owners only)
Torrens (Owner's Duplicate ificate of Title Required)
1
Dat Signature of Applicant t
Request Submitted to the Planning Commission on
Public Hearing Set for: 9l I 1 I
Planning Commission Action: Approved
City of Farmington
430 Third Street
'Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
04/ Ia.
Denied
Planning division: Date:
o-.,,. y /to -a' r�
VARIANCE APPLICATION
Applicant: V Q V Y) S H Y1' 5 Telephone: (44 4 3 J p Fat C
Address: 57 il c1 j 3 \e0 7 rAy j t cs A) /V h 575 V
Street City c7 State Zip Code
Owner: J c314 D 1.' V N •2 Telephone: a 5.7 �1► 3 "Falb 914 6 91 7; 1
Address: 57 4 3 /3 :51 .4t141 9' r M i» t 6 N 1 17 55"o V
Street City State Zip Code
Premises Involved:
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Current Zoning District l 1 Current Land Use ti V C
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Specific Nature of Request Claimed Practical Difficulties: r4• f k$ ,4 r C✓ 71^lt, YJ S re.
For office use only
Advertised in Local Newspaper: 00/ (r-
Fee Paid X
$200 City of Farmington
$46 Dakota County Recorder
POLVA
9/06
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Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a
legal document and should not be substituted for a title search,appraisal, survey, or for zoning
verification. Dakota County assumes no legal responsibility for the information contained in this data.
Map Scale
1 inch 586 feet
8/22/2012
INTRODUCTION
TO: Planning Commission
FROM: Tony Wippler, Assistant City Planner
SUBJECT: Modification to the Tax Increment Financing Plan for the HRA Redevelopment District No.2
DATE: September 11, 2012
Attached, for the Commissions review is a proposed modification to the Tax Increment Financing Plan for the HRA
Redevelopment District No. 2 (City Center Development).
DISCUSSION
The City's Economic Development Authority [EDA] is proposing certain modifications to the Tax Increment Financing
Plan for the HRA Redevelopment District No. 2. The District encompasses 4 parcels making up the City Center
development. The modifications proposed are being completed to reflect the actual increment received to date and
expected through the term of the District and to bring the TIF Plan into compliance with the current Office of the State
Auditor requirements. The Commission is statutorily required to review the modifications and to determine if the TIF
Plan is in conformance with the City's Comprehensive Plan.
Being there are no additional development projects anticipated with this modification, only a budget amendment to remain
in compliance with TIF reporting practices it is staffs recommendation that the Planning Commission find the
modifications as proposed in the attached TIP Plan are in conformance with the City's Comprehensive Plan.
Ms. Shelly Eldridge of Ehlers will be available at the meeting to answer any questions the Commission may have
regarding the TIF Plan modifications.
A public hearing has been scheduled for September 17, 2012 at the City Council to review and adopt the modifications.
ACTION REQUESTED
Execute the attached resolution finding that the modifications proposed are in conformance with the City's
Comprehensive Plan and forward that recommendation onto the City Council.
Respectfully submitted,
Tony Wippler, Assistant City Planner
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
0
W C
To: Farmington Planning Commission
From: Shelly Eldridge Ehlers and Associates
Date: September 11, 2012
Subject: Development Plan TIF District 2 Modification
LEADERS IN PUBLIC FINANCE
EHLERS
A S S O C I A T E S I N C
The City is considering modifying Redevelopment District 2 (the 'District to update the budget to
reflect the increments received and the increments expected to be received through the duration of the
District according to the Office of the State Auditor "OSA requirements. TIF District 2 is a
Redevelopment District which was established on June 17, 1991 consisting of 4 parcels of land and
adjacent and internal rights -of -way (see attached TIF map identifying the parcels included in the
district). The maximum duration allowed by law would require the district to expire on 12/31/2021 or
when the obligations have been paid.
The District was established to facilitate the construction of an approximately 37,200 square foot
commercial facility and the relocation of an existing manufacturing business. The project was financed
through a General Obligation Tax Increment Bond and a pay -as- you -go Tax increment Revenue Note
to The Elm Park Limited Incorporated, dated September 20, 1993. The bonds will be outstanding
through 2/1/2105 and the Note will paid by of 12/31/2016. Unless there is future legislation to the
contrary, the District will then be required to be decertified when all the obligations are satisfied.
No additional construction is expected in the District. The modification is being completed solely for
the purpose of a budget amendment and to bring the plan into current OSA compliance. As part of the
modification of a TIF Plan process, the Planning Commission needs to review the development plan to
ensure that it conforms to the general plans for the development and redevelopment of the City as
described in the comprehensive plan for the City. Since the Planning Commission and City Council
have already approved development plans for this project in 1991 and no additional development or
redevelopment is contemplated, the TIF Plan does in fact conform to the general development plans of
the City.
3060 Centre Pointe Drive Phone: 651 697 -8504 Fax: 651 697 -8555
Roseville, MN 55113 -1105 seldridge @ehlers inc.com
FREERS
Modification to the
Tax Increment Financing Plan
for
the HRA Redevelopment District No. 2
(a redevelopment district)
within
the Downtown Redevelopment Project
Farmington Economic Development Authority
City of Farmington
Dakota County
State of Minnesota
Adopted: June 17, 1991
Public Hearing on Modification No. 1: September 17, 2012
Modification No. 1 Adopted:
As of September 4, 2012
Draft for Planning Commission
Prepared by: EHLERS ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville, Minnesota 55113 -1105
651- 697 -8500 fax: 651 697 -8555 www.ehlers-inc.com
Table of Contents
A. STATUTORY AUTHORITY 1
B. STATEMENT OF OBJECTIVES 1
C. STATEMENT OF DEVELOPMENT PROGRAM 2
D. LEGAL DESCRIPTION OF PROJECT PROPERTY 2
E. STATEMENT OF REDEVELOPMENT ACTIVITIES FOR WHICH CONTRACTS HAVE BEEN
ENTERED INTO 2
F. IDENTIFICATION OR DESCRIPTION OF TYPE OF OTHER SPECIFIC DEVELOPMENT
REASONABLY EXPECTED TO TAKE PLACE WITHIN THE PROJECT AND EXPECTED DATE
OR DATES THEREOF 3
G. STATEMENT OF TOTAL DEVEIDPMENT ACTIVITIES TO TAKE PLACE WITH PROPOSED
DATE OF COMPLETION 3
H. PROJECT COSTS ESTIMATES INCLUDING ADMINISTRATIVE EXPENSES 3
I. PROPOSED BONDING INDEBTEDNESS TO BE INCURRED 4
J. SOURCE OF REVENUE TO FINANCE OR OTHERWISE PAY PUBLIC COSTS 4
K. MOST RECENT NET TAX CAPACITY OF TAXABLE REAL PROPERTY WITHIN TAX
INCREMENT FINANCING DISTRICT 5
L. ESTIMATED CAPTURED NET TAX CAPACITY OF TAX INCREMENT FINANCING DISTRICT
UPON REDEVELOPMENT COMPLETION 5
M. DURATION OF TAX INCREMENT FINANCING DISTRICT 5
N. STATEMENT OF AUTHORITIES' ESTIMATE OF IMPACT OF TAX INCREMENT FINANCING
DISTRICT ON ASSESSED VALUES OF ALL TAXING JURISDICTION AFFECTED THEREBY 6
O. STUDIES AND ANALYSIS 8
P. BUSINESS SUBSIDIES 8
Q. DEFINITION OF TAX INCREMENT REVENUES 9
R. MODIFICATIONS TO THE DISTRICT 9
S. ADMINISTRATIVE EXPENSES 10
T. USE OF TAX INCREMENT 11
U. EXCESS INCREMENTS 11
V. ASSESSMENT AGREEMENTS 11
W. ADMINISTRATION OF THE DISTRICT 12
X. ANNUAL DISCLOSURE REQUIREMENTS 12
Y. REASONABLE EXPECTATIONS 12
Z. OTHER LIMITATIONS ON THE USE OF TAX INCREMENT 12
AA. SUMMARY 13
AB. FISCAL DISPARITIES ELECTION 13
Exhibits
"A" Description of Property to be Included in the District
"B" Project Cost Estimates
"C" Projected Tax Increments to be Received
"D" Map
A. STATUTORY AUTHORITY
The Housing and Redevelopment Authority of the City of Farmington, Minnesota (hereinafter HRA), undertakes
this project pursuant to Minnesota Statutes 469.001 to 469.047 as HRA Development District #2. Further,
pursuant to M.S.A. 469.174 to 469.190 the HRA intends financing for HRA Development District #2 through the
use of tax increment financing.
(AS MODIFIED SEPTEMBER 17, 2012)
On August 22, 2005, the City Council enabled the creation of an Economic Development Authority
"EDA in the City of Farmington, Minnesota. As of January 1, 2006, the EDA accepted the control,
authority, and operation of all projects, programs, or activities of the HRA.
B. STATEMENT OF OBJECTIVES
1. Provide new infrastructure facilities to provide impetus for industrial development to be located on the
Redevelopment Property;
2. Improve and provide opportunities for growth in the financial base of the City;
3. Provide employment opportunities through the creation of new jobs;
4. Provide opportunities for development of and expansion of existing businesses;
4. Acquire land or space and poorly configured parcels which are vacant, unused, underused, or inappropriately
used a part of which consists of abandoned railroad right -of -way;
5. Acquire property for public use and /or reuse by private enterprise;
6. Eliminate blight and blighting influences which impede potential development by employment opportunities
and upgrading of developed property within the city;
7. Coordinate elements of the City's Comprehensive Plan with project objectives; and
8. Provide maximum opportunity, consistent with the needs of the City, for development by private enterprise.
9. Raze dilapidated residential buildings, join together irregular parcels to create an economically viable parcel
on which development can occur and redevelop area to appropriate land use.
10. Eliminate soil and water contaminated area thereby becoming a developable area by private enterprise.
11. Remove possible hazardous waste substances and the sources of that contamination.
(AS MODIFIED SEPTEMBER 17, 2012)
The TIF Plan for TIF District No. 2 is being modified to reflect actual increment received to date and
expected through the term of the District and bring the plan into conformance with current OSA
requirements.
1
C. STATEMENT OF DEVELOPMENT PROGRAM
The tax increment financing district is being created for the purpose of continuing improvement and
revitalization activities in and adjacent to the existing downtown area of the City of Farmington in accordance
with the City's Comprehensive Plan and the objectives of HRA. The proposed redevelopment consists of razing
obsolete and blighted housing; purchase numerous parcels of poorly configured lots; purchase former railroad
right -of -way property; and petition City to vacate former streets within the area. The HRA shall combine the
parcels to form a single economically viable parcel consistent with HRA project plans and objectives and the
City's overall development plan. The HRA proposes to assist the developer in acquiring the unified parcel of
land or portion thereof as hereinafter legally described, together with streets to be vacated, for the construction
of commercial and residential facilities. In addition, the developer will be assisted in a portion of the costs of
site development, public utilities installation and other public improvement costs associated therewith. Funding
for public redevelopment costs will be born by the HRA partly through the issuance of Bonds with repayment
thereof by the tax increment generated as a result of this development and partly through repayment to HRA for
acquisition costs born by HRA. Currently the HRA has negotiated the development contract relating to the
construction of a retail shopping facility to be located thereon. Further, this project is part of a larger
redevelopment plan one of the objectives of which is to relocate existing manufacturing from blighted areas in
the commercial area to a more appropriate location to provide efficient allocation of land, and separate
incompatible land uses. The HRA is negotiating to relocate Austin Products will allow the manufacturing site to
be cleared and the property redeveloped to eliminate blight in the area of the original commercial downtown
and reconfigure the original parcels to conform to the Downtown Redevelopment Plan.
D. LEGAL DESCRIPTION OF PROJECT PROPERTY
See Exhibit "A" attached.
E. STATEMENT OF REDEVELOPMENT ACTIVITIES FOR WHICH CONTRACTS HAVE BEEN ENTERED
INTO
The HRA has entered into a Development Agreement with Elm Park Limited, Inc., for the construction of a
37,200 square foot commercial facility to be located on the site. The commercial facility is to have an assessed
valuation of $1,860,000.00 pursuant to the terms of an Assessment Agreement. The Development Agreement is
contingent upon HRA being able to acquire all necessary properties at a cost which will be recoverable through
payment of tax increment to be received in respect to the project. The contract is further contingent upon
Developers obtaining financing acceptable to HRA and the titles to the several properties being marketable or
acceptable to Developer. The expected completion date of construction is spring of 1992.
(AS MODIFIED SEPTEMBER 17, 2012)
As of the date of this modification, the Authority has entered into contracts with the following developers
for the following development activities:
1. The Elm Park Limited Incorporated, dated September 20, 1993. Activity is the construction of an
approximately 37,200 square foot commercial facility, which has been completed.
2
F. IDENTIFICATION OR DESCRIPTION OF TYPE OF OTHER SPECIFIC DEVELOPMENT REASONABLY
EXPECTED TO TAKE PLACE WITHIN THE PROJECT AND EXPECTED DATE OR DATES THEREOF
Without HRA acquisition of parcels, clearing of blighted buildings, and purchase of prior railroad right -of-
way to form a unit viable for development, no other development is reasonably expected in the foreseeable
future within the project area. Further this development is the relocation of an existing manufacturing business
within the blighted area to a more appropriate location.
G. STATEMENT OF TOTAL DEVEIDPMENT ACTIVITIES TO TAKE PLACE WITH PROPOSED DATE OF
COMPLETION
Purchase and Transfer of Project Property Fall of 1990
-free of encumbrances thereon
Site Preparation for Construction Fall of 1990
Installation of Utilities Fall of 1990
Paving Spring of 1991
Curbs and Walkways Installed Spring of 1991
Landscaping Spring of 1991
H. PROJECT COSTS ESTIMATES INCLUDING ADMINISTRATIVE EXPENSES
See Exhibit "B" attached.
(AS MODIFIED SEPTEMBER 17, 2012)
The total uses of funds has been revised to reflect the actual increment received to date and expected to be
received through the term of the District. In addition, the City and EDA have determined that it will be
necessary to provide assistance to the project(s) for certain District and Downtown Redevelopment Project
costs. The revised cumulative uses of tax increment funds is summarized in the table below:
USES OF TAX INCREMENT FUNDS TOTAL
Land /Building Acquisition $350,000
Site Improvements/Preparation $250,000
Other Qualifying Improvements $1,350,000
Administrative Costs (up to 10 $300,000
PROJECT COST TOTAL $2,250,000
Interest $900,000
PROJECT AND INTEREST COSTS TOTAL $3,150,000
The total project cost, including financing costs (interest) listed in the table above does not exceed the total
projected tax increments for the District as shown in Section J.
3
Estimated capital and administrative costs listed above are subject to change among categories by
modification of the TIF Plan without hearings and notices as required for approval of the initial TIF Plan,
so long as the total capital and administrative costs combined do not exceed the total listed above. Further,
the EDA may spend up to 25 percent of the tax increments from the District for activities (described in the
table above) located outside the boundaries of the District but within the boundaries of the Project
(including administrative costs, which are considered to be spent outside the District), subject to all other
terms and conditions of this TIF Plan.
I. PROPOSED BONDING INDEBTEDNESS TO BE INCURRED
Bonding up to the amount of $1,250,000.00 will be issued in phases in respect to the project. Further, the
remaining public development costs are to be financed by HRA indebtedness in respect to land acquisition;
repayment to be made from TIF funds. Said financing to be in accordance with paragraph H above.
(AS MODIFIED SEPTEMBER 17, 2012)
The EDA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax
increments from the District in a maximum principal amount of $1,250,000. Such bonds may be in the
form of pay -as -you go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This
estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the
date of this modification.
J. SOURCE OF REVENUE TO FINANCE OR OTHERWISE PAY PUBLIC COSTS
Public costs will be repaid by tax increment received pursuant to the schedule of projected payments shown on
Exhibit "C" attached hereto.
(AS MODIFIED SEPTEMBER 17, 2012)
The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax
increments. The EDA or City reserves the right to incur bonds or other indebtedness as a result of the TIF
Plan. This provision does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or
incur other debt only upon the determination that such action is in the best interest of the City.
The total estimated tax increment revenues for the District are shown in the table below:
SOURCES OF FUNDS TOTAL
Tax Increment $3,100,000
Interest $50,000
TOTAL $3,150,000
4
K. MOST RECENT NET TAX CAPACITY OF TAXABLE REAL PROPERTY WITHIN TAX INCREMENT
FINANCING DISTRICT
Parcel #14- 77000 030 -18 Tax Capacity -0-
Parcel #14- 77000 040 -18 Tax Capacity -0-
Parcel #14- 77000 050 -18 Tax Capacity 13.78
Parcel #14- 77000 060 -18 Tax Capacity 2,065.30
Parcel #14- 77000 061 -18 Tax Capacity 387.48
Parcel #14-77000-070-18 Tax Capacity 1,463.46
Parcel #14- 77000 080 -18 Tax Capacity 590.10
Parcel #14- 77000 090 -18 Tax Capacity 604.84
Parcel #14-77000-100-18 Tax Capacity -0-
Parcel #14- 77000 060 -25 Tax Capacity -0-
Parcel #14- 03100- 012 -01 Tax Capacity 953.18
Parcel #14- 03100 011 -37 Tax Capacity 1,822.78
(AS MODIFIED SEPTEMBER 17, 2012)
The actual original local tax rate for the TIF District is 132.731, which is the rate for taxes payable in 1994.
The estimated rate for taxes payable in 2012 is higher, as shown in the chart below. The lower rate is used
for purposes of tax increment projections in the Modification
Project Estimated Tax Capacity upon Completion (PTC) $110,440
Original Estimated Net Tax Capacity (ONTC) 8,395
Estimated Captured Tax Capacity (CTC) $102,045
Original Local Tax Rate 1.32731 Pay 1994
Estimated Annual Tax Increment (CTC x Local Tax Rate) $135,445
Percent Retained by the EDA 100%
L. ESTIMATED CAPTURED NET TAX CAPACITY OF TAX INCREMENT FINANCING DISTRICT UPON
REDEVELOPMENT COMPLETION
See Exhibit "C" attached hereto.
M. DURATION OF TAX INCREMENT FINANCING DISTRICT
The tax increment financing district is a redevelopment district. The district shall exist for twenty -five (25) years
from the date of the receipt of the first tax increment payment. If the public costs are repaid within a shorter
period, the district shall be dissolved as of the date of repayment of such costs. See Exhibit "C" attached hereto.
5
(AS MODIFIED SEPTEMBER 17, 2012)
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must
be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. lb, the duration of the District
will be 25 years after receipt of the first increment by the City (a total of 26 years of tax increment). The
date of receipt by the City of the first tax increment was July, 1996. Thus, it is estimated that the District,
including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after
December 31, 2021, or when the TIF Plan is satisfied. The City reserves the right to decertify the District
prior to the legally required date.
N. STATEMENT OF AUTHORITIES' ESTIMATE OF IMPACT OF TAX INCREMENT FINANCING DISTRICT
ON ASSESSED VALUES OF ALL TAXING JURISDICTION AFFECTED THEREBY
The property in question is taxed as:
Parcel #14- 77000 030 -18
Parcel #14- 77000 040 -18
Parcel #14- 77000 050 -18
Parcel #14- 77000 060 -18
Parcel #14- 77000 061 -18
Parcel #14- 77000 070 -18
Parcel #14- 77000 080 -18
Parcel #14- 77000 090 -18
Parcel #14-77000-100-18
Parcel #14- 77000 060 -25
Parcel #14- 03100 012 -01
Parcel #14-03100-011-37
with total market value of $400,400.00 and assessed value of $400,400.00. The gross tax on the parcels is
$7,900.92; the same being broken down as follows, to -wit:
City of Farmington $1,858.93
School District #192 $4,407.29
Dakota County $1,520.61
Other $114.56
Assuming the property was developed as proposed without the aid of tax increment financing the impact on the
taxing jurisdictions would be as follows:
The appraised value of the property as improved is estimated to be approximately $4,260,000.00
Real Estate Tax to be generated, in excess of the present base tax, is in the estimated amount of
$178,406.00 with the same being allocated as follows:
Percentage Amount
City of Farmington 23.528 $41,975.00
Independent School District 55.782 $99,518.00
Dakota County 19.246 $34,336.00
Others 1.445 $2,577.00
6
Parcel Numbers
Address
Owner
14- 25831 -00 -010
OUTLOT A
Farmington City Center LLC
14- 25831 -01 -010
113 Elm St.
City Center Development LLC
14- 25831 -01 -020
109 Elm St.
Farmington City Center LLC
14- 25831 -01 -031
115 Elm St.
Farmington City Center LLC
However, the development as proposed would not be viable within the foreseeable future without the assistance of
tax increment financing. Therefore there is no negative impact on the respective taxing jurisdictions excepting
therefrom loss to the City of Farmington of LGA Funds of $342,507 as determined by present law.
(AS MODIFIED SEPTEMBER 17, 2012)
The District encompasses all property and adjacent rights -of -way and abutting roadways identified by the
parcels listed below.
The charts below include the captured tax capacity for the original and modified District.
Dakota County
City of Farmington
ISD 192
Dakota County
City of Farmington
ISD 192
Other
Total
IMPACT ON TAX BASE
2011/Pay 2012
Total Net
Tax Capacity
356,397,445
13,576,819
22,964,744
IMPACT ON TAX RATES
Pay 2012
Extension Rates
0.314170
0.63093
0.55292
0.04187
1.53989
Estimated Captured
Tax Capacity (CTC)
Upon Completion
102,045
102,045
102,045
Percent
of Total
20.40%
40.97%
35.91%
2.72%
100.00%
CTC
102,045
102,045
102,045
102,045
Percent of CTC
to Entity Total
0.0003%
0.0075%
0.0044%
Potential
Taxes
32,059
64,383
56,423
4,273
126,120
The estimates listed above display the captured tax capacity as of taxes payable in 2012. The tax rate used
for calculations is the actual Pay 2012 rate. The total net capacity for the entities listed above are based on
actual Pay 2012 figures.
7
O. STUDIES AND ANALYSIS
In 1984, Barton Aschman Associates, Inc. prepared a study of Retail Market Analysis and Revitalization study.
Subsequently, and in conj unction with the above named study Milo Thompson prepared a further study in 1987,
taking into account the physical locations of revitalization activities to accomplish HRA objectives. In the
intervening years the City of Farmington and the HRA have repeatedly attempted to accomplish the objectives
and parts thereof by private investment and development without government assistance. Those efforts
experienced miimal success because interested private efforts experienced minimal success because interested
private developers found that development, without substantial government aid, was not practicable. Therefore,
since no private development was found to be feasible for this property and since the City of Farmington and the
HRA must move forward to accomplish the objectives of redevelopment and eliminate blight, the project is being
undertaken by the HRA. Although the HRA has repeatedly attempted to induce private investment, the fact is that
both in the past and in the reasonably foreseeable future, it appears that private investment and redevelopment of
the subject property is not viable without government assistance.
P. BUSINESS SUBSIDIES
(AS MODIFIED SEPTEMBER 17, 2012)
Pursuant to M.S., Section 1161.993, Subd 3, the following forms of financial assistance are not considered a
business subsidy:
(1) A business subsidy of less than $150,000;
(2) Assistance that is generally available to all businesses or to a general class of similar businesses, such
as a line of business, size, location, or similar general criteria;
(3) Public improvements to buildings or lands owned by the state or local government that serve a public
purpose and do not principally benefit a single business or defined group of businesses at the time the
improvements are made;
(4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it
up to code and assistance provided for designated historic preservation districts, provided that the
assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment financing
hazardous substance subdistrict as defined under M.S., Section 469.174, Subd 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(11) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue
Code of 1986, as amended through December 31, 1999;
(15) Assistance for a collaboration between a Minnesota higher education institution and a business;
(16) Assistance for a tax increment financing soils condition district as defined under M.S., Section
469.174, Subd. 19;
8
Q.
(17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is
70 percent or more of the assessor's current year's estimated market value;
(18) General changes in tax increment financing law and other general tax law changes of a principally
technical nature;
(19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) Funds from dock and wharf bonds issued by a seaway port authority;
(21) Business loans and loan guarantees of $150,000 or less;
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration; and
Property tax abatements granted under M.S., Section 469.1813 to property that is subject to valuation
under Minnesota Rules, chapter 8100.
The will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance under
this TIF Plan does not fall under any of the above exemptions.
DEFINITION OF TAX INCREMENT REVENUES
Pursuant to M.S., Section 469.174, Subd 25, tax increment revenues derived from a tax increment
financing district include all of the following potential revenue sources:
1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S.,
Section 469.177;
2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was
purchased by the Authority with tax increments;
3. Principal and interest received on loans or other advances made by the Authority with tax increments;
4. Interest or other investment earnings on or from tax increments;
5. Repayments or return of tax increments made to the Authority under agreements for districts for
which the request for certification was made after August 1, 1993; and
6. The market value homestead credit paid to the Authority under M.S., Section 273.1384.
R. MODIFICATIONS TO THE DISTRICT
In accordance with M.S., Section 469.175, Subd. 4, any:
1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the
requirements of M.S., Section 469.175, Subd 4(e);
2. Increase in amount of bonded indebtedness to be incurred;
3. A determination to capitalize interest on debt if that determination was not a part of the original TIF
Plan;
4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City;
5. Increase in the estimate of the cost of the District, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the EDA or City,
shall be approved upon the notice and after the discussion, public hearing and findings required for
approval of the original TIF Plan.
9
Pursuant to M.S. Section 469.175 Subd. 4 the geographic area of the District may be reduced, but shall
not be enlarged after five years following the date of certification of the original net tax capacity by the
county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the
determination that the addition to the district meets the criteria of M.S., Section 469.174, Subd 10, must be
documented in writing and retained. The requirements of this paragraph do not apply if (1) the only
modification is elimination of parcel(s) from the District and (2)(A) the current net tax capacity of the
parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the
District's original net tax capacity or (B) the EDA agrees that, notwithstanding M.S., Section 469.177, Subd.
1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s)
eliminated from the District.
The EDA or City must notify the County Auditor of any modification to the District. Modifications to the
District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF
Plan.
S. ADMINISTRATIVE EXPENSES
In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
EDA or City, other than:
1. Amounts paid for the purchase of land;
2. Amounts paid to contractors or others providing materials and services, including architectural and
engineering services, directly connected with the physical development of the real property in the
project;
3. Relocation benefits paid to or services provided for persons residing or businesses located in the
project; or
4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to M.S., Section 469.178; or
5. Amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clauses (1) to (3).
For districts for which the request for certification were made before August 1, 1979, or after June 30,
1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal
consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd.
3, tax increment may be used to pay any authorized and documented administrative expenses for the
District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by
the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the
District, whichever is less.
Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual
administrative expenses incurred in connection with the District. The county may require payment of
those expenses by February 15 of the year following the year the expenses were incurred.
Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36
percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount
deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State
Auditor for the cost of financial reporting of tax increment financing information and the cost of examining
and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the
Commissioner of Revenue.
1 0
T. USE OF TAX INCREMENT
The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
1. To pay the principal of and interest on bonds issued to finance a project;
2. To finance, or otherwise pay the cost of redevelopment of the Downtown Redevelopment
Project pursuant to M.S., Sections 469.090 to 469.1082;
3. To pay for project costs as identified in the budget set forth in the TIF Plan;
4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4;
5. To pay principal and interest on any loans, advances or other payments made to or on behalf of
the EDA or City or for the benefit of the Downtown Redevelopment Project by a developer;
6. To finance or otherwise pay premiums and other costs for insurance or other security
guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF
Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and /or M.S.,
Sections 469.178; and
7. To accumulate or maintain a reserve securing the payment when due of the principal and
interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S.,
Sections 469.152 through 469.165, and /or M.S., Sections 469.178.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by M.S., Section 469.176, Subd. 4.
Tax increments generated in the District will be paid by Dakota County to the EDA for the Tax Increment
Fund of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an
amount as specified in a developer's agreement to reimburse the costs of land acquisition, public
improvements, demolition and relocation, site preparation, and administration. Remaining increment
funds will be used for EDA or City administration (up to 10 percent) and for the costs of public
improvement activities outside the District.
U. EXCESS INCREMENTS
Excess increments, as defined in M.S., Section 469.176, Subd 2, shall be used only to do one or more of the
following:
1. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions
in proportion to their local tax rates.
The EDA or City must spend or return the excess increments under paragraph (c) within nine months after
the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to
modify the TIF Plan in order to finance additional public costs in the Downtown Redevelopment Project or
the District.
V. ASSESSMENT AGREEMENTS
Pursuant to M.S., Section 469.177, Subd 8, the EDA or City may enter into a written assessment agreement
11
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who shall review the plans and specifications for the
improvements to be constructed, review the market value previously assigned to the land upon which the
improvements are to be constructed and, so long as the minimum market value contained in the assessment
agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall
also certify the minimum market value agreement.
W. ADMINISTRATION OF THE DISTRICT
Administration of the District will be handled by the City Administrator.
X. ANNUAL DISCLOSURE REQUIREMENTS
Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the EDA or City must undertake financial reporting
for all tax increment financing districts to the Office of the State Auditor, County Board and County
Auditor on or before August 1 of each year. M.S., Section 469.175, Subd 5 also provides that an annual
statement shall be published in a newspaper of general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a report containing the information required by M.S.,
Section 469.175 Subd 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of
tax increment from the District.
Y. REASONABLE EXPECTATIONS
As required by the TIF Act, in establishing the District, the determination has been made that the
anticipated development would not reasonably be expected to occur solely through private investment
within the reasonably foreseeable future and that the increased market value of the site that could
reasonably be expected to occur without the use of tax increment financing would be less than the increase
in the market value estimated to result from the proposed development after subtracting the present value
of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In
making said determination, reliance has been placed upon written representation made by the developer to
such effects and upon EDA and City staff awareness of the feasibility of developing the project site(s)
within the District. A comparative analysis of estimated market values both with and without
establishment of the District and the use of tax increments has been performed as described above. Such
analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market
value of the proposed development (less the indicated subtractions) exceeds the estimated market value of
the site absent the establishment of the District and the use of tax increments.
Z. OTHER LIMITATIONS ON THE USE OF TAX INCREMENT
1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the
Downtown Redevelopment Project pursuant to M.S., Sections 469.090 to 469.1082; Tax increments
may not be used to circumvent existing levy limit law. No tax increment may be used for the
acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and
regularly for conducting the business of a municipality, county, school district, or any other local unit
of government or the state or federal government. This provision does not prohibit the use of revenues
derived from tax increments for the construction or renovation of a parking structure.
12
2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on
activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to
finance activities within said district or to pay, or secure payment of, debt service on credit enhanced
bonds. Not more than 25 percent of said tax increments may be expended, through a development fund
or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on
credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be
treated as if they were solely for activities outside of the District.
3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District
shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five
year rule set forth in M.S., Section 469.1763, Subs. 3, has been satisfied; and beginning with the sixth
year following certification of the District, 75 percent of said tax increments that remain after
expenditures permitted under said five year rule must be used only to pay previously committed
expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5.
4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a
redevelopment district must be used to finance the cost of correcting conditions that allow designation
of redevelopment and renewal and renovation districts under M.S., Section 469.176 Subd. 4j. These
costs include, but are not limited to, acquiring properties containing structurally substandard buildings
or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels
necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of
structures, clearing of the land, the removal of hazardous substances or remediation necessary for
development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site.
The allocated administrative expenses of the EDA or City, including the cost of preparation of the
development action response plan, may be included in the qualifying costs.
AA. SUMMARY
The City of Farmington established and is modifying the District to preserve and enhance the tax base,
redevelop substandard areas, and provide employment opportunities in the City. The TIF Plan for the
District was prepared by Ehlers Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113,
telephone (651) 697 -8500.
AB. FISCAL DISPARITIES ELECTION
Pursuant to M.S., Section 469.177, Subd. 3, the EDA or City may elect one of two methods to calculate fiscal
disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause a, (outside the District) are
followed, the following method of computation shall apply:
(1) The original net tax capacity and the current net tax capacity shall be determined before the
application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax
capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity
and no tax increment determination. Where the original net tax capacity is less than the current net
tax capacity, the difference between the original net tax capacity and the current net tax capacity is the
captured net tax capacity. This amount less any portion thereof which the authority has designated, in
its tax increment financing plan, to share with the local taxing districts is the retained captured net tax
capacity of the authority.
13
(2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net
tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax
rates so determined are to be extended against the retained captured net tax capacity of the authority as
well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser
of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax
capacity of the authority is the tax increment of the authority.
The City will choose to calculate fiscal disparities by clause a.
According to M.S., Section 469.177, Subcb 3:
(c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall
remain the same for the duration of the district, except that the governing body may elect to change its election
from the method of computation in paragraph (a) to the method in paragraph (b).
14
Parcel Numbers
Address
Owner
14- 25831 -00 -010
OUTLOT A
Farmington City Center LLC
14- 25831 -01 -010
113 Elm St.
City Center Development LLC
14- 25831 -01 -020
109 Elm St.
Farmington City Center LLC
14- 25831 -01 -031
115 Elm St.
Farmington City Center LLC
Parcel #14- 77000 030 -18
Parcel #14- 77000 040 -18
Parcel #14- 77000 050 -18
Parcel #14- 77000 060 -18
Parcel #14- 77000 061 -18
Parcel #14- 77000 070 -18
Parcel #14- 77000 080 -18
Parcel #14- 77000 090 -18
Parcel #14- 77000 100 -18
Parcel #14- 77000 060 -25
Parcel #14-03100-012-01
Parcel #14- 03100- 011 -37
EXHIBIT "A"
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT
(AS MODIFIED SEPTEMBER 17, 2012)
The District encompasses all property and adjacent rights -of -way and abutting roadways identified by the
parcels listed below.
15
EXHIBIT `B"
FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY
REDEVELOPMENT DISTRICT NO. 2
PROJECT COSTS ESTIMATES
MAY 15, 1991
Activity Cost
Acquisition 1,479,565
Relocation 45,000
Demolition 55,000
TOTAL 1,579,565
On -Site Improvements
Streets/Utilities (Estimate) 350,000
Parking Lot 125,000
Landscaping 50,000
Bond Interest 1,575,500
Issuance 195,000
Administration 510,525
Soil Contamination 300,000
New Tax Base 645,125
TOTAL ESTIMATED COSTS 5,330,715
16
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EXHIBIT "D"
MAP OF DOWNTOWN REDEVELOPMENT PROJECT
AND HRA REDEVELOPMENT DISTRICT NO. 2
18
PLANNING COMMISSION
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION OF THE CITY OF FARMINGTON PLANNING COMMISSION
FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM
FOR THE DOWNTOWN REDEVELOPMENT PROJECT AND A
MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR HRA
REDEVELOPMENT DISTRICT NO. 2 CONFORM TO THE GENERAL PLANS
FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY.
WHEREAS, the Economic Development Authority and the City of Farmington have proposed to
adopt a Modification to the Development Program for the Downtown Redevelopment Project (the
"Development Program Modification and a Modification to the Tax Increment Financing Plan for HRA
Redevelopment District No. 2 (the "TIF Plan Modification therefor (the Development Program
Modification and the TIF Plan Modification are referred to collectively herein as the "Modifications and
have submitted the Modifications to the City Planning Commission (the "Commission pursuant to
Minnesota Statutes, Section 469.175, Subd. 3, and
WHEREAS, the TIF Plan Modification is being completed to reflect actual increment received to date
and expected through the term of the District and to bring the plan into conformance with current Office
of the State Auditor requirements.
WHEREAS, the Commission has reviewed the Modifications to determine their conformity with the
general plans for the development and redevelopment of the City as described in the comprehensive plan
for the City.
NOW, THEREFORE, BE IT RESOLVED by the Commission as follows:
1. The Modifications are consistent with the City's comprehensive plan and conform to the general
plans for the development and redevelopment of the City as a whole.
2. It is recommended that the City Council of the City hold the public hearing required by law and adopt
the Modifications.
Dated: September 11, 2012
ATTEST:
Secretary
Chair
TO:
FROM:
SUBJECT:
DATE:
Planning Commission
September 11, 2012
INTRODUCTION/DISCUSSION
The Planning Commission and staff have recently been questioned about text revisions dealing with uses in the
Industrial Park (retail, commercial recreation). Questions such as, are we too limiting on the type of uses we
allow, should we include housing for the workforce in the I -1 zone, and should we allow retail /restaurant in the
park west of Pilot Knob Road?
I have attached industrial park and business uses from three cities including Farmington, Lakeville, and
Burnsville to get an idea of what they allow. The pages in your packet will be marked F Farmington, L
Lakeville, B Burnsville. I have also attached a document from P Phoenix showing its uses for a commerce
park and research park. We will discuss these uses at the meeting.
ACTION REQUESTED
Discuss information.
Respectfully Su
Lee Smick, AICP, CNU -A
City Planner
Lee Smick, City Planner
AICP, CNU- Accredited
Industrial Park standards and use changes
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Lot area
20,000 square feet
Lot width
75 feet
Front yard setback
30 feet
Side yard setback
15 feet
Rear yard setback
15 feet
Minimum side and rear yard abutting any residential district:
Off street parking and access drives
10 feet
Public and semipublic buildings
35 feet
Recreational, entertainment, commercial and industrial uses
50 feet
Height (maximum)
45 feet
Maximum lot coverage of all structures
35 percent
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10 -5 -22: 1 -1 INDUSTRIAL DISTRICT:
(A) Purpose: The 1 -1 industrial district allows for the continuation of existing industrial uses but not their expansion in the downtown area.
(B) Bulk And Density Standards:
1. Minimum Standards:
All standards are minimum requirements unless noted.
(C) Uses:
1. Permitted:
Auto repair, major.
Light manufacturing facilities.
Ministorage units.
Offices.
Research facilities.
Sexually oriented businesses.
Supply yards.
Truck terminal.
Warehousing facilities.
2. Conditional:
Agriculture.
Commercial recreational uses.
Food processing facilities.
Manufacturing facilities.
Public utility buildings.
Recycling facilities.
Solar energy systems.
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Towers.
3. Accessory:
Parking lots.
4. Interim:
Mineral extraction. (Ord. 002 -469, 2 -19 -2002; amd. Ord. 003 -498, 9 -15 -2003)
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11 -75 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title, the following uses are permitted uses
in an O -P district:
A. Commercial printing establishments.
B. Conference centers.
C. Governmental and public utility buildings and structures; city of Lakeville only.
D. Hotels.
E. Indoor commercial recreation.
F. Laboratories, research and development facilities.
G. Office businesses.
H. Radio and television stations.
I. Trade and post- secondary schools.
J. Wholesale showrooms. (Ord. 867, sec. 112, 5 -17 -2010)
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11 -75 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in
an O -P district and require a conditional use permit based upon procedures set forth in and regulated by
chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below
for respective conditional uses, each request for a conditional use permit shall be evaluated based upon
the standards and criteria set forth in subsection 11 -4 -3E and section 11 -4 -7 of this title.
A. Commercial recreation facilities, provided that:
1. The architectural appearance and function plan of the building and the site shall be designed with a
high standard of architectural and aesthetic compatibility with surrounding properties. Building
materials, orientation, colors, height, roof design, lighting, signage and site landscaping shall be
designed to complement the surrounding properties and demonstrate potential reuse as allowed in
this district. All sides of the principal and accessory structures are to have essentially the same or a
coordinated, harmonious exterior finish treatment.
2. A commercial recreational use shall not be located within a shared tenancy building containing a
use classified as an "H" occupancy as defined by Minnesota state building code, as may be
amended.
3. In multiple- occupancy buildings, a material safety data sheet (MSDS) shall be required identifying
all materials stored or used in the operation of the tenant businesses. Any change in building
tenants shall require that the MSDS be updated and provided to all other tenants in the multi- tenant
building.
4. A commercial recreational use in a shared tenancy building shall have its own exterior entrance and
exit.
5. The site must be accessed via a collector street. Vehicular access points shall create a minimum of
conflict with through traffic movement, shall comply with chapter 19 of this title and shall be subject
to the approval of the city engineer.
B. Compounding, assembly, or packaging of products and materials, provided that:
1. The proposed use is not a waste facility.
C. Daycare as a principal or accessory use, provided that the use complies with the provisions of chapter
31 of this title.
D. Essential services involving transmission pipelines and transmission or substation lines in excess of
thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26 of this title.
E. Fitness centers and health clubs provided that:
1. Adequate off street parking and off street loading shall be provided in compliance with chapters 19
and 20 of this title.
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2. The total number of stations shall not exceed one per one hundred (100) square feet of gross floor
area.
3. The use is located and developed so as not to create an incompatible operation problem with
adjoining and neighboring commercial and /or residential uses.
4. Hours of operation shall be limited to five o'clock (5:00) A.M. to eleven o'clock (11:00) P.M. unless
otherwise allowed by the city council.
F. Governmental and public utility buildings and structures, other than city of Lakeville.
G. Hospitals.
H. Indoor limited retail sales and service accessory to office /manufacturing uses, provided that:
1. Location:
a. All sales are conducted in a clearly defined area of the principal building reserved exclusively for
retail sales. Said sales area must be physically segregated from other principal activities in the
building.
b. The retail sales area must be located on the ground floor of the principal building.
2. Sales Area: The retail sales and service activity shall not occupy more than fifteen percent (15 of
the gross floor area of the building.
3. Access: The building where such use is located has access without the necessity of using
residential streets.
4. Hours: Hours of operation are limited to six o'clock (6:00) A.M. to ten o'clock (10:00) P.M.
I. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area, lot width, and setback
requirements of section 11 -75 -13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a
minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space, wetlands, greenways,
stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the
following ways:
a. All of the property including buildings and common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota statutes 515A.1 -106.
c. The property shall be divided into a base lot and unit Tots to allow for individual ownership of the
principal buildings or individual tenant spaces within the principal building, with each owner of a
unit lot having an equal and undivided interest in the common area, subject to the following
requirements:
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(1) The tenant space related to each unit lot shall have an exclusive exterior entrance.
(2) A management association shall be established for all commercial developments with multiple
principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all
exterior building maintenance, approval of any exterior architectural modifications, landscaping,
snow clearing and regular maintenance of driveways and parking areas, subject to review and
approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable
shall be installed underground. Exterior utility meters and fixtures shall be located in interior side
or rear yards when possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to each unit unless
exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be provided.
(2) Sewer connection: Where more than one unit is served by a sanitary sewer service, all
maintenance and cleaning shall be the responsibility of the maintenance association or owners.
J. Personal wireless service antennas not located on an existing structure or tower as regulated by
chapter 30 of this title.
K. Warehousing and self storage facilities, provided that:
1. The proposed use is not a waste facility. (Ord. 867, sec. 112, 5 -17 -2010)
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11 -86 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in
an 1 -1 district:
A. Automobile repair, minor.
B. Building materials sales.
C. Cartage and express facilities.
D. Commercial printing establishments.
E. Compounding, assembly, packaging, treatment, or storage of products and materials except waste.
F. Governmental and public utility buildings and structures; city of Lakeville only.
G. Laboratories, research and development facilities.
H. Manufacturing.
I. Office, general.
J. Outdoor civic events conducted by nonprofit organizations, each such outdoor event being limited to
fourteen (14) days in any calendar year.
K. Radio and television stations.
L. Servicing of motor freight vehicles and heavy construction equipment; directly related accessory
materials and parts sales for such repair and servicing (not including new or used vehicle sales); and
accessory materials and parts warehousing which is related to and dependent upon such uses,
provided that:
1. All servicing of vehicles and equipment shall occur entirely within the principal structure;
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2. To the extent required by state law and regulations, painting shall be conducted in an approved
paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter;
3. Storage and use of all flammable materials, including liquids and rags, shall conform with applicable
provisions of the Minnesota uniform fire code;
4. Parking, driveway, and circulation standards and requirements shall be subject to the review and
approval of the city engineer and shall be based upon the specific needs of the operation and shall
accommodate large vehicle equipment and semitrailer /tractor trucks;
5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely
inside a principal or accessory building; and
6. The sale of products other than those specifically mentioned in this subsection L shall be subject to
a separate conditional use permit and shall be in compliance with section 11 -86 -7 of this chapter.
M. Sexually oriented uses, principal.
N. Trade schools.
O. Transportation terminals.
P. Warehousing, including self- storage facilities.
Q. Wholesale businesses. (Ord. 867, sec. 114, 5 -17 -2010)
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11 -86 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in
an 1 -1 district and require a conditional use permit based upon procedures set forth in and regulated by
chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below
for respective conditional uses, each request for a conditional use permit shall be evaluated based upon
the standards and criteria set forth in subsection 11 -4 -3E and section 11 -4 -7 of this title.
A. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or
conditional use within this title, provided that:
1. Such use is allowed as a permitted use in a C -1 district.
2. Such use does not constitute more than thirty percent (30 of the lot area and not more than fifty
percent (50 of the gross floor area of the principal use.
B. Animal kennels, provided that:
1. The animal kennel shall be located in a freestanding building.
2. An exercise area at least one hundred (100) square feet in size shall be provided to accommodate
the periodic exercising of animals boarded at the kennel.
3. If an outdoor exercise area is provided, it shall be at least one hundred fifty (150) square feet in size
and shall be restricted to the exercising of one animal, on leash, under the control of a handler, in
the pet exercise area, at a time.
4. Outdoor exercise areas shall be fenced, not Tess than six feet (6') in height with an additional at
least two foot (2') security arm with an internal orientation set at a thirty degree (30 angle, and
shall be of sufficient strength to retain kenneled animals. Said fence shall be located in a side or
rear yard and shall provide a complete visual screen from surrounding properties in compliance with
section 11 -21 -9 of this title. Said fence shall be set back at least one hundred feet (100') from any
side or rear property line.
5. Outdoor exercise areas must be cleaned at least once a day to prevent the accumulation of animal
wastes and the spread of disease.
6. A ventilation system shall be designed so that no odors or organisms will spread between wards or
to the outside air and will be capable of completely exchanging internal air at a rate of at least twice
per hour. Air temperature must be maintained between sixty (60) and seventy five degrees
Fahrenheit (75 °F).
7. A room separate from the kennel area shall be provided of sufficient size to adequately separate
animals that are sick or injured from healthy animals.
8. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to
make it nonporous.
9. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container
of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least
once a day.
10. The appropriate license is obtained from the city clerk and the conditions of section 5 -1 -12 of this
code are met.
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11. All state health department and Minnesota pollution control agency requirements for such facilities
are met.
C. Automobile repair, major provided that:
1. All building materials and construction including those of accessory structures must be in
conformance with section 11 -17 -9 of this title.
2. Not less than twenty five percent (25 of the lot, parcel or tract of land shall remain as landscaped
green area according to the approved landscape plan.
3. The entire area other than occupied by buildings or structures or planting shall be surfaced with
bituminous material or concrete which will control dust and drainage. The entire area shall have a
perimeter curb barrier, a stormwater drainage system and is subject to the approval of the city
engineer.
4. The hours of operation shall be between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M.
Evening hours of operation shall be subject to the approval of the city council.
5. All painting must be conducted in an approved paint booth. All paint booths and all other activities
of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so
that the use shall be in compliance with the state of Minnesota pollution control standards,
Minnesota regulation APC 1 -15, as amended.
6. The emission of odor by a use shall be in compliance with and regulated by the state of Minnesota
pollution control standards, Minnesota regulation APC 7011, as amended.
7. All flammable materials, including liquids and rags, shall conform with the applicable provisions of
the Minnesota uniform fire code.
8. All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired and
vehicle parts and accessory equipment must be completely inside a principal or accessory building.
9. All conditions pertaining to a specific site are subject to change when the council, upon
investigation in relation to a formal request, finds that the general welfare and public betterment can
be served by modifying the conditions.
D. Commercial recreation facilities, provided that:
1. The architectural appearance and function plan of the building and the site shall be designed with a
high standard of architectural and aesthetic compatibility with surrounding properties. Building
materials, orientation, colors, height, roof design, lighting, signage and site landscaping shall be
designed to complement the surrounding industrial properties and demonstrate potential industrial
reuse. All sides of the principal and accessory structures are to have essentially the same or a
coordinated, harmonious exterior finish treatment.
2. A commercial recreational use shall not be located within a shared tenancy building containing a
use classified as an "H" occupancy as defined by Minnesota state building code, as may be
amended.
3. In multiple- occupancy buildings, a material safety data sheet (MSDS) shall be required identifying
all materials stored or used in the operation of the tenant businesses. Any change in building
tenants shall require that the MSDS be updated and provided to all other tenants in the multi- tenant
building.
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4. A commercial recreational use in a shared tenancy building shall have its own exterior entrance and
exit.
5. The site must be accessed via a collector street. Vehicular access points shall create a minimum of
conflict with through traffic movement, shall comply with chapter 19 of this title and shall be subject
to the approval of the city engineer.
E. Daycare facilities as a principal use or accessory use provided that the use conforms to the provisions
of chapter 31 of this title.
F. Essential services involving transmission pipelines and transmission or substation lines in excess of
thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26 of this title.
G. Governmental and public utility buildings and structures; other than city of Lakeville.
H. Multiple principal buildings on one lot of record, provided that:
1. Lot Requirements: The lot shall conform to the minimum lot area, lot width, and setback
requirements of section 11 -86 -13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a
minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space, wetlands, greenways,
stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the
following ways:
a. All of the property including buildings and common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota statutes 515A.1 -106.
c. The property shall be divided into a base lot and unit lots to allow for individual ownership of the
principal buildings or individual tenant spaces within the principal building, with each owner of a
unit lot having an equal and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive exterior entrance.
(2) A management association shall be established for all commercial developments with multiple
principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all
exterior building maintenance, approval of any exterior architectural modifications, landscaping,
snow clearing and regular maintenance of driveways and parking areas, subject to review and
approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable
shall be installed underground. Exterior utility meters and fixtures shall be located in interior side
or rear yards when possible and shall be screened from view of adjacent properties and the
public right of way.
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b. Public Utility Service: Separate public utility services shall be provided to each unit unless
exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be provided.
(2) Sewer connection: Where more than one unit is served by a sanitary sewer service, all
maintenance and cleaning shall be the responsibility of the maintenance association or owners.
I. Personal wireless service antennas not located on an existing structure or tower as regulated by
chapter 30 of this title.
J. Satellite TVROs greater than two meters (2 m) in diameter as regulated by chapter 30 of this title.
K. Truck/car washes (automatic mechanical drive through only) as an accessory use associated with a
truck stop, provided:
1. The accessory car /truck wash must be on the same parcel of record as the truck stop.
2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall
be subject to the approval of the city engineer.
3. Magazine or stacking space must not interfere with on site circulation patterns or required on site
parking or loading areas.
4. Parking or car /truck magazine storage space shall be screened from view of abutting residential
districts in compliance with section 11 -21 -9 of this title.
5. The location and operation of vacuum machines must not interfere with magazines or stacking
areas, on site circulation or on site parking and loading areas.
6. Provisions are made to control and reduce noise and special precautions shall be taken to limit the
effects of noise associated with vacuum machines. Additionally, the garage doors must remain
closed during the operation of the car /truck wash.
7. Untreated water from the car /truck wash shall not be discharged into the storm sewer. If the water is
to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to
review and approval of the city engineer and building official.
8. All of the provisions as outlined in section 11 -37 -7 of this title must be satisfied.
L. Truck stops, as regulated by chapter 37 of this title. (Ord. 867, sec. 114, 5 -17 -2010)
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11 -87 -3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in
an 1 -2 district:
A. Automobile repair, major.
B. Automobile repair, minor.
C. Building materials sales.
D. Cartage and express facilities.
E. Commercial printing establishments.
F. Compounding, assembly, packaging, treatment, or storage of products and materials except waste.
G. Governmental and public utility buildings and structures, city of Lakeville only.
H. Laboratories, research and development facilities.
I. Manufacturing.
J. Office, general.
K. Outdoor civic events conducted by nonprofit organizations, each such outdoor event being limited to
fourteen (14) days in any calendar year.
L. Radio and television stations.
M. Servicing of motor freight vehicles and heavy construction equipment; directly related accessory
materials and parts sales for such repair and servicing (not including new or used vehicle sales); and
accessory materials and parts warehousing which is related to and dependent upon such uses,
provided that:
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1. All servicing of vehicles and equipment shall occur entirely within the principal structure;
2. To the extent required by state law and regulations, painting shall be conducted in an approved
paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter;
3. Storage and use of all flammable materials, including liquids and rags, shall conform with applicable
provisions of the Minnesota uniform fire code;
4. Parking, driveway, and circulation standards and requirements shall be subject to the review and
approval of the city engineer and shall be based upon the specific needs of the operation and shall
accommodate large vehicle equipment and semitrailer /tractor trucks;
5. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely
inside a principal or accessory building; and
6. The sale of products other than those specifically mentioned in this subsection M shall be subject to
a separate conditional use permit and shall be in compliance with section 11 -87 -7 of this chapter.
N. Sexually oriented uses, principal.
O. Trade schools.
P. Transportation terminals.
Q. Warehousing, including self storage facilities.
R. Wholesale business. (Ord. 867, sec. 115, 5 -17 -2010)
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11 -87 -7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in
an 1 -2 district and require a conditional use permit based upon procedures set forth in and regulated by
chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below
for respective conditional uses, each request for a conditional use permit shall be evaluated based upon
the standards and criteria set forth in subsection 11 -4 -3E and section 11 -4 -7 of this title.
A. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or
conditional use within this title, provided that:
1. Such use is allowed as a permitted use in a C -1 district.
2. Such use does not constitute more than thirty percent (30 of the lot area and not more than fifty
percent (50 of the gross floor area of the principal use.
B. Airports.
C. Animal kennels, provided that:
1. The animal kennel shall be located in a freestanding building.
2. An exercise area at least one hundred (100) square feet in size shall be provided to accommodate
the periodic exercising of animals boarded at the kennel.
3. If an outdoor exercise area is provided, it shall be at least one hundred fifty (150) square feet in size
and shall be restricted to the exercising of one animal, on leash, under the control of a handler, in
the pet exercise area, at a time.
4. Outdoor exercise areas shall be fenced, not less than six feet (6') in height with an additional at
least two foot (2') security arm with an internal orientation set at a thirty degree (30 angle, and
shall be of sufficient strength to retain kenneled animals. Said fence shall be located in a side or
rear yard and shall provide a complete visual screen from surrounding properties in compliance with
section 11 -21 -9 of this title. Said fence shall be set back at least one hundred feet (100') from any
side or rear property line.
5. Outdoor exercise areas must be cleaned at least once a day to prevent the accumulation of animal
wastes and the spread of disease.
6. A ventilation system shall be designed so that no odors or organisms will spread between wards or
to the outside air and will be capable of completely exchanging internal air at a rate of at least twice
per hour. Air temperature must be maintained between sixty (60) and seventy five degrees
Fahrenheit (75 °F).
7. A room separate from the kennel area shall be provided of sufficient size to adequately separate
animals that are sick or injured from healthy animals.
8. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to
make it nonporous.
9. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container
of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least
once a day.
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10. The appropriate license is obtained from the city clerk and the conditions of section 5 -1 -12 of this
code are met.
11. All state health department and Minnesota pollution control agency requirements for such facilities
are met.
D. Crude oil, gasoline or other liquid storage tanks.
E. Daycare facilities as a principal use or accessory use provided that the use conforms to the provisions
of chapter 31 of this title.
F. Essential services involving transmission pipelines and transmission or substation lines in excess of
thirty three (33) kV and up to one hundred (100) kV, as regulated by chapter 26 of this title.
G. Governmental and public utility buildings and structures; other than city of Lakeville.
H. Multiple principal buildings on one lot of record, provided that:
1. The lot shall conform to the minimum lot area, lot width, and setback requirements of section 11 -87-
13 of this chapter.
2. Setbacks: Setbacks between multiple principal buildings within the same base lot shall be a
minimum of twenty feet (20').
3. Common Areas: All common areas including, but not limited to, open space, wetlands, greenways,
stormwater basins, driveways, parking areas, sidewalks, etc., shall be maintained in one of the
following ways:
a. All of the property including buildings and common areas shall be owned by a single entity.
b. Condominium ownership pursuant to Minnesota statutes 515A.1 -106.
c. The property shall be divided into a base lot and unit Tots to allow for individual ownership of the
principal buildings or individual tenant spaces within the principal building, with each owner of a
unit lot having an equal and undivided interest in the common area, subject to the following
requirements:
(1) The tenant space related to each unit lot shall have an exclusive exterior entrance.
(2) A management association shall be established for all commercial developments with multiple
principal buildings subdivided in a base lot/unit lot configuration that is to be responsible for all
exterior building maintenance, approval of any exterior architectural modifications, landscaping,
snow clearing and regular maintenance of driveways and parking areas, subject to review and
approval of the city attorney.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable
shall be installed underground. Exterior utility meters and fixtures shall be located in interior side
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or rear yards when possible and shall be screened from view of adjacent properties and the
public right of way.
b. Public Utility Service: Separate public utility services shall be provided to each unit unless
exempted by the city engineer.
(1) Water connection: A shutoff valve for each individual unit shall be provided.
(2) Sewer connection: Where more than one unit is served by a sanitary sewer service, all
maintenance and cleaning shall be the responsibility of the maintenance association or owners.
I. Personal wireless service antennas not located on an existing structure or tower as regulated by
chapter 30 of this title.
J. Satellite TVROs greater than two meters (2 m) in diameter as regulated by chapter 30 of this title.
K. Truck/car washes (automatic mechanical drive through only) as an accessory use associated with a
truck stop, provided:
1. The accessory car /truck wash must be on the same parcel of record as the truck stop.
2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall
be subject to the approval of the city engineer.
3. Magazine or stacking space must not interfere with on site circulation patterns or required on site
parking or loading areas.
4. Parking or car /truck magazine storage space shall be screened from view of abutting residential
districts in compliance with section 11 -21 -9 of this title.
5. The location and operation of vacuum machines must not interfere with magazines or stacking
areas, on site circulation or on site parking and loading areas.
6. Provisions are made to control and reduce noise and special precautions shall be taken to limit the
effects of noise associated with vacuum machines. Additionally, the garage doors must remain
closed during the operation of the car /truck wash.
7. Untreated water from the car /truck wash shall not be discharged into the storm sewer. If the water is
to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to
review and approval of the city engineer and building official.
8. All of the provisions as outlined in section 11 -37 -7 of this title must be satisfied.
L. Truck stops, as regulated by chapter 37 of this title. (Ord. 867, sec. 115, 5 -17 -2010)
4,
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Chapter 23
SPECIAL REQUIREMENTS FOR ALL INDUSTRIAL DISTRICTS
10 -23 -1: SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS FOR ALL INDUSTRIAL DISTRICTS:
(A) Building Design And Materials: All buildings shall be designed to accomplish the goals and policies of the comprehensive plan. Building
materials shall be attractive in appearance, of a durable finish, and be of a quality that is compatible and harmonious with adjacent
structures. All buildings shall be of good aesthetic and architectural quality, to ensure they will maintain and enhance the property values
of neighboring properties and not adversely impact the community's public health, safety and general welfare.
1. Design Elements: All new building fronts and refacing of an existing building shall include a minimum of three (3) of the following
elements:
a. Accent materials;
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b. A visually pleasing front entry that, in addition to doors, shall be accented a minimum of one hundred fifty (150) square feet around
the door entrance for single occupancy buildings and a minimum of three hundred (300) square feet total for the front of multi- tenant
buildings (this area shall be counted as 1 element);
c. Twenty five percent (25 window coverage on each front that faces a street;
d. Contrasting, yet complementary material colors;
e. A combination of horizontal and vertical design features;
f. Irregular building shapes; or
g. Other architectural features in the overall architectural concept.
If the building configuration is placed on the lot in such a way that the main entrances are facing the side yard street, or interior side
yard, they shall also meet the minimum of three (3) elements.
If the applicant and the development review committee (DRC) cannot agree on the proposed building exterior elevations, the
applicant shall be required to make an application for a conditional use permit to prove compatibility.
2. Accent Materials: Accent materials shall be wrapped around walls visible from public view. Painting accent bands on a major exterior
material shall not be allowed as or substituted for visual relief, accenting, or a required element. Use of fiber cement trim, soffit and
fascia shall be allowed as accent materials.
3. Major Exterior Materials: Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement
vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall material when they are
incorporated into an overall design of the building. Stucco, synthetic stucco or fiber cement vertical panel siding shall not be allowed
within twenty four inches (24 from grade. Use of rain screens, panelized systems, or curtain walls are encouraged and will be
verified for high quality design and materials through the development review committee. Fiber cement seam lines shall be
architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent
material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a
major exterior wall surface, and shall be required to be sealed. All materials shall be color impregnated, with the exception of allowing
architectural concrete precast panel systems and fiber cement siding to be painted. Painting shall not be allowed on color
impregnated major exterior materials. Request for approval of cast in place systems shall be through a conditional use permit or
planned unit development, whichever is deemed appropriate by city staff. If the architectural precast panel systems are painted, they
shall be properly prepared and maintained regularly to prevent peeling, stripping, shading or any other form of deterioration or
discoloration. Proof of manufacturer's painting specifications shall be supplied prior to issuance of a building permit. This subsection
(A)3 shall also apply to all exterior repairs, remodeling, or expansion of existing buildings that require a building permit.
4. Restricted Exterior Materials: Unadorned prestressed concrete panels, whether smooth or raked, nondecorative concrete block, sheet
metal, corrugated metal or unfinished metal shall not be used as exterior materials. This restriction shall apply to all principal
structures and to all accessory buildings. No more than twenty five percent (25 of any exterior wall on a building shall be wood or
metal accent material. This twenty five percent (25 limit may be exceeded when used in a panelized system that consists of
prefabricated, or factory manufactured, panels that form a structural envelope, and significantly simplify on site framing, and request
for approval shall be through a conditional use permit or planned unit development.
5. Visual Relief: No wall shall exceed one hundred feet (100') in length without visual relief. "Visual relief' may be defined as a varying
design of the building by incorporating design features such as windows, horizontal and vertical patterns, contrasting material colors
or varying wall depths.
6. Roofs: Roofs which are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt
shingles, wood shingles, standing seam metal, slate, tile, or copper. Flat roofs which are generally parallel with the first floor elevation
are not subject to these material limitations.
7. Building And Roofing Materials: All building and roofing materials shall meet current accepted industry standards and tolerances, and
shall be subject to review and approval by the development review committee for quality, durability, and aesthetic appeal. For all new
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buildings and building exterior renovations, the applicant shall submit to the city product samples, color building elevations, and
associated drawings which illustrate the construction techniques to be used in the installation of such materials. Building and roofing
materials not specifically approved in this section may be allowed by a conditional use permit or planned unit development only after it
is demonstrated that the proposed material is equal to or better than approved materials. The long range maintenance of the
proposed material shall be incorporated as a condition of the approval and filed on the property.
8. Parapets: Renovation or refacing of an existing commercial building that includes increasing the height of the parapet walls, as
defined in section 10-4 -2 of this title, shall be part of a comprehensive building upgrade that meets the following standards:
a. The parapet wall finish materials shall match the major exterior materials provided on an exterior wall as specified in subsection (A)
3 of this section.
b. The parapet walls shall be provided along all perimeter walls.
c. Parapet walls may vary in height but shall not exceed the building height of the respective district.
d. The back of the parapet wall and /or its supports shall be screened from view from adjoining properties and public streets.
e. Parapet wall extensions shall not be permitted as flat wall features on the building facade. All facades proposed to support a taller
parapet wall shall be designed to provide variation in facade depth in conjunction with increased height. The following features may
be required to provide facade depth in conjunction with the taller parapet walls:
(1) Recessed or projected windows, awnings, or canopies.
(2) Entryway treatments, awnings, canopies, marquees, porticoes, and arches.
(3) Vertical wall treatments that extend from the facade creating a variation in facade depth, columns, corner treatments, and
changes in building materials.
(4) Horizontal wall treatments, cornices, lintels, and color bands that provide some facade depth and divide the building height.
(Ord. 1232, 4 -5 -2011)
(B) Trash And Recyclable Materials: All trash, recyclable materials, trash and recyclable materials handling equipment and compactors
shall be one hundred percent (100 screened from ground level view from public streets and adjacent properties. For the purposes of
this section, "trash" means "mixed municipal solid waste" as defined in section 7 -7 -1 of this code.
(C) Off Street Parking: Design and maintenance of off street parking areas shall be in accordance with section 10 -7 -26 of this title.
(D) Accessory Structures: Garages, accessory structures, screen walls and exposed area of retaining walls shall be of a similar type,
quality and appearance as the principal structure.
(E) Utilities: The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings
constructed after January 1, 2006, shall be screened from the ground level view. Screening may include parapet walls, penthouses, or
other architecturally integrated elements. Wood fencing or chainlink with slats shall not be used for screening. The term "ground level
view" shall be defined as the view of the building from the farthest point of the width of the right of way from the property line(s) that
abuts a street. A cross sectional drawing shall be provided that illustrates the sightlines from the ground level view. For buildings
constructed prior to January 1, 2006, for replacement of existing units, remodeling, and building expansions, the ground level view of all
rooftop equipment and related piping, ducting, electrical and mechanical utilities shall be painted to match the building, designed to be
compatible with the architectural treatment of the principal structure or screened by the use of parapet walls. Wood fencing shall not be
used for screening.
(F) Ground Mechanical Equipment: Ground mechanical equipment shall be one hundred percent (100 screened from contiguous
properties and adjacent streets by opaque landscaping, or a screen wall shall be provided compatible with the architectural treatment of
the principal structure.
(G) Outdoor Storage: Outdoor storage of materials or products may be authorized by conditional use permit.
(H) External Loading And Service Areas: All external loading and service areas accessory to industrial buildings must be one hundred
percent (100 screened from the ground level view from contiguous residential or commercial properties and adjacent streets, except
at access points.
1. Whenever an industrial district abuts an R -1 district, there shall be no loading docks on any building elevation that is either directly
facing or oriented toward a residential use.
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(1) Height Limit: There shall be no limit placed on the height of buildings in 1 industrial districts, except that any building in excess of forty five
feet (45) shall be by conditional use permit.
(J) Compatibility: All structures shall be compatible with other structures in the area. (Ord. 1196, 4 -6 -2010)
10 23 2: ACCESSORY RETAIL USES; SPECIAL REQUIREMENTS:
(A) Retail sales of products stored or manufactured on the site shall be allowed as an accessory use. A maximum of twenty percent (20
of the floor area of the space occupied by the particular business, up to a maximum of eight hundred fifty (850) square feet, may be
used for retail sales purposes. A single structure leased to more than five (5) tenants under separate leases shall have no more than ten
percent (10 of the total building area devoted to retail space as an accessory use. An accessory retail sales area of greater than eight
hundred fifty (850) square feet per business may be approved by conditional use permit, provided that the maximum floor area
percentages of this subsection are not exceeded.
(B) Parking as required for retail in this title shall be provided in addition to that required for the principal use.
(C) No sign or display in excess of four (4) square feet shall be placed on or off the property advertising the existence of the retail sales
facility.
(D) If excessive on street parking of vehicles occurs, the sales shall cease or be reduced to the level that the off street parking can
accommodate. (Ord. 653, 3 -3 -1997)
10 23 3: RETAIL SALES AS PRINCIPAL USE; SPECIAL REQUIREMENTS:
(A) Retail sales approved by conditional use permit as the principal use of a single- tenant building shall have a minimum sales floor area of
ten thousand (10,000) square feet. The minimum sales floor area in a multi- tenant building shall be five thousand (5,000) square feet
per business tenant.
(B) All off street parking and loading shall be provided as required for retail uses in this title. (Ord. 653, 3 -3 -1997)
10 23 4: OUTDOOR ACCESSORY MERCHANDISE DISPLAY BY CONDITIONAL USE PERMIT:
In 1 -1 and 1 -2 districts, no outdoor merchandise display shall be allowed except by conditional use permit when such outdoor display is
specifically intended to be accessory to the primary use(s) of the premises. A conditional use permit may be issued for accessory outdoor
merchandise display in 1 -1 and 1 -2 districts, provided the following standards are considered and satisfactorily met on a continuous basis:
(Ord. 1132, 8 -19 -2008)
(A) The outdoor merchandise display area shall be limited to one surface area per building. The display area shall be limited in size to
fifteen percent (15 of the gross floor area of the principal structure. The maximum dimension of a display area shall be thirty feet
(30'), and in no case shall the larger dimension of the display area be more than two (2) times the lesser dimension. In no case shall the
outdoor merchandise display area exceed a total of six hundred (600) square feet per site. For the purpose of these standards, the term
"site" shall be defined as a lot or group of lots contained within a unified development project.
(B) The outdoor display area shall be clearly identified upon an approved site plan for the property. The display area shall meet the required
side and rear yard setbacks for the district in which it is located, and shall be set back no less than ten feet (10') from the front property
line. No outdoor display activities shall occur in a traffic visibility triangle as provided for by section 10 -7 -6 of this title. The display area
surface may be elevated up to three feet (3') above the adjacent ground surface. The appropriate height of the display area shall be
determined by considering the size of the item(s) to be displayed, the proportion of the display area to the building, and the location of
the display area on the site.
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(C) No displayed merchandise shall exceed a maximum height of twelve feet (12') above the display surface. (Ord. 421, 8 -19 -1991)
(D) Outdoor display areas shall be one hundred percent (100 screened at a minimum of six feet (6') in height from view of adjacent
residential uses and residential uses located across the street. (Ord. 1132, 8 -19 -2008)
(E) No additional lighting shall be installed to illuminate the display area.
(F) The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly
maintained to prevent deterioration. The display area shall be architecturally compatible with the principal structure of the site through
the use of similar building materials or fencing around the perimeter of the display area. The display area shall be enhanced with
appropriate, year round landscaping.
(G) The display area shall not take up required parking spaces or landscaping areas. No outdoor display shall be permitted upon a
sidewalk.
(H) The square footage of outdoor display areas shall be included in the calculation of required off street parking for the principal use of the
property.
(I) All display of merchandise shall occur in a neat and orderly fashion without signage. The display of wearing apparel, highly flammable
materials, and merchandise with wind movable parts and appendages shall be prohibited.
(J) Any power equipment and vehicles that are displayed shall be disabled to prevent them from being started and operated while they are
on display.
(K) The provisions of section 10 -5 -5 of this title shall be considered and satisfactorily met. (Ord. 421, 8 -19 -1991)
(L) Office- warehouse, office and wholesale showroom and multi- tenant warehouse facilities shall be subject to the requirements of section
10 -7 -44 of this title.
(M) Open storage lots shall be subject to the requirements of section 10 -7-45 of this title.
(N) Open sales /rental lots shall be subject to the requirements of section 10 -7-46 of this title. (Ord. 1132, 8 -19 -2008)
10 23 5: ALTERNATIVE EXTERIOR BUILDING MATERIALS; SPECIAL REQUIREMENTS:
(A) Sheet aluminum, corrugated aluminum, asbestos, iron, plain or painted plain concrete blocks shall not be deemed acceptable as major
exterior wall materials on buildings within 1 -2 general industry districts, except as permitted by a conditional use permit issued by the city
council pursuant to section 10 -5 -5 of this title. The following standards apply to conditional use permits under this subsection:
1. The building shall be an accessory structure.
2. The building shall not be occupied by personnel.
3. The building shall be used to house material, parts or equipment which would otherwise constitute open storage.
4. The building shall be generally not visible from major arterial roadway corridors.
5. The landscaping of the area surrounding the location shall provide natural visual barriers to the building.
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6. The building shall be constructed of long term maintenance free materials. A manufacturers warranty shall be prima facie evidence of
compliance with this standard.
(B) The applicant shall have the burden of establishing that these standards and the standards of section 10 -5 -5 of this title have been met.
The planning commission and the city council may attach conditions they deem necessary to accomplish the goals and objectives of the
comprehensive plan. (Ord. 597, 12 -4 -1995)
10 23 6: STANDARDS FOR AGGREGATE PROCESSING, RELATED PRODUCTS MANUFACTURING:
(A) Aggregate processing and related businesses shall be designed, operated and maintained to appear and function in a manner that is
consistent with and comparable to other permitted uses within the GIH gateway industrial heavy districts. Processing, storage, receiving
and shipping activities shall be located within or behind the principal structure, in the portions of lots that are opposite the railroad tracks,
and will thereby be substantially screened from view from the TH 13 corridor and adjacent streets. Every reasonable effort shall be
made to house these activities and uses within buildings. Those activities and uses that cannot reasonably be located within buildings
shall be located behind structures, and /or screened by one or a combination of berms, landscaping, approved walls or fences.
(B) These businesses shall at all times be operated in strict compliance with the Minnesota pollution control agency's regulations covering
noise, dust emissions, air quality, odor, and surface and ground water quality protection. (Ord. 862A, 11 -18 -2002)
10 -23 -7: SPECIAL CONSIDERATION FOR PROPERTIES LOCATED IN 1 -1, 1 -2, 1 -3, GIM AND GIH DISTRICTS
AFFECTED BY PUBLIC IMPROVEMENT PROJECTS RESULTING IN LAND TAKING:
(A) Properties that become nonconforming in terms of green area, setbacks or parking requirements as a direct result of a public
improvement project resulting in loss of land (taking) for public roadway right of way or easements shall be considered in their pretaking
condition when proposing any building or parking expansion affected by the land taking.
(B) The setbacks, green area and parking requirements shall be as follows:
1. Minimum setbacks for principal and accessory structures or parking shall only be considered on the side of the structure(s) or parking
lot where the public taking resulted in the nonconformity.
2. Minimum setbacks shall be the existing setback before the taking less the amount of the taking. Principal and accessory structures
shall be set back no less than ten feet (10'). Parking shall be set back no less than five feet (5').
3. Green area for the total land area shall be the percent required by section 10- 30A -10 of this title at the time of the taking, less the
percent removed as a result of the taking. Green area shall not be less than ten percent (10 of the total lot area after taking.
4. Required parking spaces shall be those required by section 10 -7 -26 of this title less the spaces eliminated as a direct result of the
taking. If a property has an approved proof of parking plan with spaces not yet utilized as parking at the time of the taking, the owner
shall install such spaces to replace those eliminated by the taking. (Ord. 1226, 1 -18 -2011)
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10 -24 -2: PERMITTED USES:
Within any 1 -1 industrial park district, no structure or land shall be used except for one or more of the following uses: (Ord. 1132, 8 -19 -2008)
Automobile upholstery, tire recapping and major repair when conducted entirely within an enclosed building.
Bottling works.
Bus benches, shelters, and transit facilities, provided they comply with title 8 of this code.
Commercial zero lot line development, pursuant to section 10 -7-41 of this title.
Conducting a process, fabricating, wholesale operation, assembly, packaging, warehouse, distribution, manufacturing, treatment or
providing a service including, but not limited to, any of the following uses completely contained within a building, unless otherwise noted,
and meeting the performance standards applicable to the 1 -1 district:
Batteries (wet cell).
Brick, ceramic, and glass operations.
Computers and accessories including circuit boards and software.
Electronic components and accessories.
Glass cutting and sales.
Measuring, analyzing, and controlling instruments.
Medical technologies /manufacturing.
Metalworking such as stamping, welding, machining, extruding, plating, grinding, polishing and cleaning.
Millworking.
Office and commercial equipment.
Paper products from previously processed paper.
Pharmaceuticals, health and beauty products.
Plastic injection molding.
Secondary value added meat processing (excludes slaughterhouses and rendering plants).
Secondary value added operations for paint, plastic, or rubber (excludes manufacturing of raw materials).
Stonecutting.
Textiles and fabric.
Daycare nursery.
Laundries.
Machine shops.
Ministorage.
Office.
Office- warehouse and multi- tenant office- warehouse facilities subject to the requirements of section 10 -7-44 of this title.
Radio and television studios.
Research laboratories.
Trade or business school.
Warehousing and wholesaling subject to the requirements of section 10 -7 -44 of this title. (Ord. 1025, 4 -17 -2006; amd. Ord. 1132, 8 -19-
2008; Ord. 1166, 6 -2 -2009; Ord. 1196, 4 -6 -2010)
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10 -24 -4: CONDITIONAL USES:
Within the 1 -1 industrial park district, no structure or land shall be used for the following uses except by
conditional use permit:
Any conditional uses as allowed in the B -3 district.
Armories, convention halls, sports arenas and stadiums.
Contractors' yards when contained within a building or a completely fenced area.
Essential service structures.
Firearm range.
Heliports.
"Medical waste transfer facility as defined in section 10 -4 -2 of this title, provided that the containerization
and decontamination of the waste shall be conducted entirely within a building, that the facility shall be
the sole occupant of the building, that the building shall not be located adjacent to or across the street
from any residential or commercial districts, and that the operator of the facility provide evidence that the
facility is in compliance with all applicable county, state and federal regulations.
Motor vehicle terminal and maintenance garage.
Open sales /rental lot subject to the requirements of section 10 -7 -46 of this title.
Open storage lot subject to the requirements of section 10 -7 -45 of this title.
Outdoor accessory merchandise display, subject to the provisions of section 10 -23 -4 of this title.
Recycling center, nonhazardous resource recovery facility, when conducted entirely within a building.
Religious institution when incorporated into a multi- tenant building, and where the use or religious
institution uses do not occupy more than forty nine percent (49 of the total square footage of the
building.
Retail sales as provided for in section 10 -23 -3 of this title.
Single satellite earth station antenna in excess of two meters (2 m) in diameter and single antenna
designed to receive direct broadcast services or multichannel multipoint distribution services in excess of
one meter (1 m) in diameter, as regulated in chapter 29 of this title.
Towers as regulated in chapter 29 of this title.
Transient merchants subject to title 3 of this code, unless exempt under section 3 -20 -14 of this code.
(Ord. 1196, 4 -6 -2010; amd. Ord. 1265, 5 -22 -2012)
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10 -25 -3: PERMITTED ACCESSORY USES:
Within any 1 -2 general industry district, the following uses shall be permitted accessory uses: (Ord. 1132, 8 -19 -2008)
Accessory uses permitted in 1 -1 industrial park district. (Ord. 244, 11 -15 -1982; amd. Ord. 1132, 8 -19 -2008)
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10 -25 -4: CONDITIONAL USES:
Within the 1 -2 general industry district, no structure or land shall be used for the following uses except by
conditional use permit:
Any conditional use permitted in the 1 -1 district.
Acid manufacturing.
Auto wrecking, junkyard, used auto parts (open storage) subject to the requirements of section 10 -7 -45 of
this title.
Explosives including all uses, storage or manufacture of materials or products such as TNT or dynamite
which would decompose by detonation.
Firearm range.
Incineration or reduction of waste material other than customarily incidental to a principal use.
Kilns or other heat processes fired by means other than electricity.
Open storage lot (principal or accessory use) subject to the requirements of section 10 -7 -45 of this title.
Outdoor accessory merchandise display subject to section 10 -23 -4 of this title.
Rail unloading facility.
Refuse and garbage disposal.
Storage, use or manufacture of materials or products which could decompose by detonation.
Transient merchants subject to title 3 of this code.
Truck or freight terminal. (Ord. 1196, 4 -6 -2010)
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10 -26 -2: PERMITTED USES:
Within any 1 -3 office and industrial park district, no structure or land shall be used except for one or more
of the following uses: (Ord. 1132, 8 -19 -2008)
Bus benches, shelters, and transit facilities, provided they comply with title 8 of this code.
Commercial zero lot line development, pursuant to section 10 -7 -41 of this title.
Daycare nursery.
Instruction /learning center.
Manufacturing, production, processing, cleaning, storage, servicing, repair or testing of materials, goods
or products that is wholly contained within a building and which meets and maintains all applicable
standards established by the state.
Ministorage.
Office service uses.
Office- warehouse and multi- tenant office warehouse subject to the requirements of section 10 -7 -44 of
this title.
Offices of a general nature when they do not include retailing.
Research laboratories.
Trade or business schools.
Warehousing and wholesaling subject to the requirements of section 10 -7 -44 of this title. (Ord. 312, 3 -7-
1987; amd. Ord. 674, 7 -7 -1997; Ord. 687, 10 -6 -1997; Ord. 851, 7 -1 -2002; Ord. 1035, 6 -19 -2006; Ord.
1132, 8 -19 -2008; Ord. 1166, 6 -2 -2009; Ord. 1196, 4 -6 -2010)
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10 -26 -4: CONDITIONAL USES:
Within the 1 -3 office and industrial park district, no structure or land shall be used for the following uses
except by conditional use permit:
Essential service structures.
Heliports.
"Medical waste transfer facility as defined in section 10 -4 -2 of this title, provided that the containerization
and decontamination of the waste shall be conducted entirely within a building, that the facility shall be
the sole occupant of the building, that the building shall not be located adjacent to or across the street
from any residential or commercial districts or uses, and that the operator of the facility provide evidence
that the facility is in compliance with all applicable county, state, and federal regulations.
Open storage lot subject to the requirements of section 10 -7 -45 of this title.
Outdoor storage subject to screening and buffer requirements of section 10 -7 -18 of this title.
Recycling, reclamation.
Single satellite earth station antenna in excess of two meters (2 m) in diameter and single antenna
designed to receive direct broadcast services or multichannel multipoint distribution services in excess of
one meter (1 m) in diameter, as regulated in chapter 29 of this title.
Sports performance training center.
Towers as regulated in chapter 29 of this title.
Transient merchants subject to title 3 of this code, unless exempt under section 3 -20 -14 of this code.
(Ord. 1196, 4 -6 -2010; amd. Ord. 1265, 5 -22 -2012)
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Phoenix Zoning Ordinance 626 Commerce Park District.
626 Commerce Park District.
A. Purposes.
1. This district is designed to provide locations for commerce, service and
employment activities which locations and site improvements are built such that a
desirable appearance is projected toward public streets and such that compatibility
can be maintained with adjacent land uses.
2. In order to offer a degree of flexibility with permitted uses and activities while
assuring compatibility with adjacent and nearby uses, this district provides use
options. Successive options allow an increasing variety and intensity of uses whose
locations shall be coordinated under an overall development plan. Each option also
contains site and development standards matched to the character of the permitted
uses of that option.
B. Summary of District Format. The Commerce Park District provides for a selection
from development options within a framework of an overall general development plan.
Initial approval is of a general development plan which indicates the locations of selected
options. With modifications of that initial plan possible through a major and minor
amendment process, zoning for each parcel will vest upon recording of a subdivision plat
or for a Single User option, the approval of a site plan.
C. Single User Option.
1. Purpose. In contrast to other Commerce Park District options which establish
suitable locations for a range of activities, it is also desirable to provide some
locations for an individual industrial facility. This type of facility, when of a character
offering a high level of environmental standards in a campus -like setting, can bear a
symbiotic relationship with nearby residential districts. Benefits from such an
association may include: an interrelation of support services and activities, a
broader available pool of employment opportunities for nearby residents,
minimization of travel for employees within nearby residential areas, more uniform
distribution of revenue generation for support for public and educational services.
The single use option, because it can be associated with nearby dissimilar uses,
must bear a special burden of compatibility with adjacent uses. As such, use and
site standards designed to allow this district to function in areas adjacent to
residential and other uses as well as part of a commerce park.
2. Permitted uses. Within the Single User option no building, structure, or use
shall be made of land or any purposes other than any one of the following, provided
that any such use shall meet the standards as set forth in this section:
a. Fabrication and assembly of finished products or subassemblies, so long
as the primary use of the property is not the basic processing and compounding
of raw materials, or food products.
Page 1 of 16
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 2 of 16
b. Scientific or research laboratories, including incidental pilot plants in
connection therewith.
c. Facilities and storage incidental to a construction project when located on
the project site. If such facilities or storage are located on a lot or Tots other than
the project site, then such uses shall maintain the yard requirements of the
district upon which they are located and shall be subject to the securing of a
use permit.
d. Churches or similar places of worship.
e. Ammunition, commercial loading of small arms subject to the following
limitations: +1
(1) The quantities, arrangement, and distance requirements for the
storage of propellant powder, primers, and percussion caps shall be in
accordance with the Fire Code. +1
(2) A permit to load ammunition shall be obtained from the Fire
Department. +1
(3) In addition to the requirements of subsections 1 and 2 above, the
loading of specialty or custom ammunition shall be subject to obtaining a
use permit pursuant to the provisions of Section 307. +1
f. Public utility buildings and facilities when necessary for serving the
surrounding territory. Repair and /or storage facilities, including outdoor, subject
to a use permit. +4 *13
g. Environmental remediation facility, subject to obtaining a use permit in
accordance with the provisions of Section 307. +5 *13
h. Commercial schools, which may include outdoor activities subject to a use
permit. +12 *13
3. Accessory uses. The following accessory uses may be conducted:
a. Facilities for the furnishing of meals and sale of refreshments and personal
convenience items solely to the employees of such establishments, and to
visitors doing business on the premises, provided that such facilities shall be
within a building or enclosure such that there are no external signs or other
evidence of such use. There shall be no external access to such use.
b. Samples of products for display or in conjunction with sales may be kept on
the premises, so long as no product is sold that is not assembled or
manufactured on the premises.
c. Quarters for caretakers or watchmen.
d. Office, wholesale, or storage activities may be conducted on the premises
when accessory to the primary use.
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 3 of 16
e. Parking structures.
f. Reserved. *6 -13
4. This option shall be established only in a location which abuts a residential
zoning district or another Commerce Park option or is in a location across an arterial
street from such a district. *9
5. No site shall contain less than fifteen gross acres.
D. Research Park option.
1. Purpose. Except for limited accessory uses, the Research Park option provides
for employment locations characterized by office and compatible research,
laboratory and prototype manufacturing functions. These activities are often on a
site providing substantial visual amenities, and which can function in areas close to
residential areas as well as with other Commerce Park options.
2. Permitted uses. Within the Research Park option no buildings, structure, or
use shall be made of land for any purpose other than any one of the following,
provided that such use shall meet the standards as set forth in this section:
a. Office for professional use.
b. Offices wherein administrative, clerical or sales services only are rendered,
provided that other than regular office books, records and papers used in
connection with rendering said office service, no commodity or tangible
personal property, either by way of inventory or sample, shall be stored, kept or
exhibited in any said office or on the premises wherein the said office is located.
c. Research laboratories for scientific research, investigation, testing or
experimentation which may include prototype product development.
d. Medical and dental laboratories.
e. Churches or similar places of worship.
f. Environmental remediation facility, subject to obtaining a use permit in
accordance with the provisions of Section 307. +5 *13
g. Commercial schools, which may include outdoor activities subject to a use
permit. 12 *13
3. Accessory uses. No accessory uses shall be permitted in this district, except
the following:
a. Pharmacy, provided that such facility shall be within a building or enclosure
such that there are no external signs or other evidence of such use. There shall
be no external access to such use.
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 4 of 16
b. Facilities for the furnishing of meals and sale of refreshments and personal
convenience items solely to the employees of such establishments, and to
visitors doing business on the premises, provided that such facilities shall be
within a building or enclosure such that there are no external signs or other
evidence of such use. There shall be no external access to such use.
c. Manufacturing, so long as the following criteria are met:
(1) Manufacturing activities shall not occupy more than twenty -five
percent of the floor area of any structure.
(2) All manufacturing shall take place in a closed building.
d. Parking structures.
e. Facilities and storage incidental to a construction project and located on the
project site.
f. Quarters for caretakers and watchmen.
g. Commercial schools, which may include outdoor activities subject to a use
permit. +12 *13
E. Business Park option.
1. Purpose. In addition to Research Park uses, this option permits assembly,
warehousing and shipping activities along with retail services selected to support
these broader activities.
2. Permitted uses. Within the Business Park option no building, structure, or use
shall be made of land for any purpose other than any one of the following, provided
that such use shall meet the standards as set forth in this section:
a. Office for professional use.
b. Offices for administrative, clerical or sales services.
c. Research laboratories for scientific research, investigation, testing or
experimentation which may include prototype product development.
d. Medical and dental laboratories.
e. Wholesaling.
f. Warehousing: Not including dead vehicle storage, trucking companies, and
moving- storage companies.
g. Assembly of finished products or subassemblies, so long as the primary
use of the property is not the basic processing and compounding of raw
materials, or food products.
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 5 of 16
h. Barber and beauty shops.
i. Financial institutions. Banks, building and loan associations, brokerage
houses, savings and loan associations, finance companies, title insurance and
trust companies.
j•
Restaurants, subject to the following conditions or limitations:
(1) Sales of alcoholic beverages shall only be permitted as an accessory
use subject to securing a use permit which shall include a specific floor
plan for the restaurant facility detailing areas where alcohol may be served.
*15
(2) Music and entertainment shall be permitted subject to the following
regulations: *15
(a) The stage or performance area shall be a maximum of 80 square
feet unless a use permit is secured. *15
(b) The noise level, measured at any point on the received property,
shall not exceed 55 dBa unless a use permit is obtained. An
occurrence where the sound level increases up to 60 dBa for five
continuous seconds or less shall not be deemed a violation of this
section as long as there are no more than five occurrences within an
hour long interval. *15
(c) Nothing in this section shall be construed to include an adult use.
*15
(3) Packaged liquor sales shall be permitted as an accessory use only
upon securing a use permit. *15
(4) Outdoor dining, outdoor alcoholic beverage consumption, and outdoor
recreation uses shall be permitted as accessory uses only upon
compliance with the following conditions: *15
(a) Securing a use permit. *15
(b) All alcoholic beverages shall be sold only to patrons seated at
tables and only for consumption on the premises. No outdoor bars,
patron dancing or live entertainment shall be permitted. *15
(5) No restaurant shall be located closer than 100 feet from a residence
district. This distance shall be measured from the exterior wall of the
building or portion thereof in which the business is conducted or proposed
use is to be conducted closest to the residential district zoning line. +15
(6) Patron dancing shall be permitted only upon securing a use permit.
+15
k. Churches and similar places of worship.
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 6 of 16
I. Motels and hotels.
m. Gasoline sales, which may include as accessory uses: sales and
installation of tires, batteries, hoses and belts; oil changes; lubes and minor
tuneups. Service bays shall not open toward an adjacent public street or a
residence district.
n. Ammunition, commercial loading of small arms subject to the following
limitations: +1
(1) The quantities, arrangement, and distance requirements for the
storage of propellant powder, primers, and percussion caps shall be in
accordance with the Fire Code. +1
(2) A permit to load ammunition shall be obtained from the Fire
Department. +1
(3) In addition to the requirements of subsections 1 and 2 above, the
loading of specialty or custom ammunition shall be subject to obtaining a
use permit pursuant to the provisions of Section 307. +1
o. Publicly operated buildings or properties. +2
p. Public utility buildings and facilities when necessary for serving the
surrounding territory. Repair and /or storage facilities, including outdoor, subject
to a use permit. +4 *13
q. Environmental remediation facility, subject to obtaining a use permit in
accordance with the provisions of Section 307. +5 *13
r. Commercial schools, which may include outdoor activities subject to a use
permit. +12 *13
3. Accessory uses. No accessory uses shall be permitted in this district except
the following:
a. Retailing in conjunction with wholesaling and /or fabrication, so long as it
does not exceed ten percent of gross floor area.
b. Facilities and storage incidental to a construction project and located on the
project site.
c. Quarters for caretakers or watchmen.
d. Pharmacy, provided that such facility shall be within a building or enclosure
such that there are no external signs or other evidence of such use; there shall
be no external access to such use.
e. Parking structures.
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 7 of 16
f. Outdoor storage which shall be screened with a solid fence or continuous
plantings. Such storage shall be no higher than twelve feet.
g. Reserved. *6 -13
F. General Commerce Park option.
1. Purpose. This most flexible option provides for a broad range of manufacturing,
warehousing, distribution and supportive retail sales and services. It is differentiated
from the A -1 and A -2 districts, however, in that environmental and site standards
ensure a high degree of compatibility with other commerce park options as well as
other adjacent uses.
2. Permitted uses. Within the General Commerce Park option no building,
structure, or use shall be made of land for any purpose other than any one of the
following, provided that any such use shall meet the standards as set forth in this
section:
a. Offices for professional use.
b. Offices for administrative, clerical or sales services.
c. Research laboratories for scientific research, investigation, testing or
experimentation which may include prototype product development.
d. Medical and dental laboratories.
e. Pharmacy.
f. Wholesaling.
g. Warehousing: Not including dead vehicle storage, trucking companies, and
moving- storage companies.
h. Manufacturing or assembly of finished products or subassemblies so long
as the primary use of the property is not the basic processing and compounding
of raw materials or food products, except as otherwise provided in this section.
i. Barber and beauty shop.
j•
Restaurants, subject to the following conditions or limitations:
(1) Sales of alcoholic beverages permitted as an accessory use subject
to securing a use permit which shall include a specific floor plan for the
restaurant facility detailing areas where alcohol may be served. *15
(2) Music and entertainment shall be permitted subject to the following
regulations: *15
(a) The stage or performance area shall be a maximum of 80 square
feet unless a use permit is obtained. *15
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 8 of 16
(b) The noise level, measured at any point on the received property,
shall not exceed 55 dBa unless a use permit is obtained. An
occurrence where the sound level increases up to 60 dBa for five
continuous seconds or less shall not be deemed a violation of this
section as long as there are no more than five occurrences within an
hour long interval. *15
(c) Nothing in this section shall be construed to include an adult use.
*15
(3) Packaged liquor sales shall be permitted as an accessory use upon
securing a use permit. *15
(4) Outdoor dining, outdoor alcoholic beverage consumption, and outdoor
recreation uses shall be permitted as accessory uses upon compliance
with the following conditions: *15
(a) Securing a use permit. *15
(b) All alcoholic beverages shall be sold only to patrons seated at
tables and only for consumption on the premises. No outdoor bars,
patron dancing or live entertainment shall be permitted. *15
(5) No restaurant shall be located closer than 100 feet from a residential
district. This distance shall be measured from the exterior wall of the
building or portion thereof in which the business is conducted or proposed
use is to be conducted closest to the residential district zoning line. *15
(6) Patron dancing shall be permitted only upon securing a use permit.
+15
k. Financial institutions: Banks, building and loan associations, brokerage
houses, savings and loan associations, finance companies, title insurance and
trust companies.
I. Churches and similar places of worship.
Uses listed in Sections 626.F.2.m through r are permitted only in General
Commerce Park option areas of five acres or more which are adjacent to an arterial
or collector street and which are located such that no part of the use, including
appurtenant parking, is closer than one hundred feet from a residence district,
unless across an arterial street. *9
m. Motels and hotels.
n. Bakeries, food packaging and freezing, including milk and ice cream plants,
but excluding canneries, slaughtering, processing and packaging of meat.
o. Gasoline sales, which may include as accessory uses: sales and
installation of tires, batteries, hoses and belts; oil changes; lubes and minor
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 9 of 16
tuneups. Service bays shall not open toward an adjacent public street or a
residence district.
p. Commercial schools, which may include outdoor activities subject to a use
permit. *12
q.
General retail sales, subject to the following:
(1) Individual stores shall have no greater than five thousand square feet
of sales area.
(2) No automobile repairs or paint and body work is permitted.
r. Motion picture production and television broadcast studios.
s. Ammunition, commercial loading of small arms subject to the following
limitations: +1
(1) The quantities, arrangement, and distance requirements for the
storage of propellant powder, primers, and percussion caps shall be in
accordance with the Fire Code. +1
(2) A permit to load ammunition shall be obtained from the Fire
Department. +1
(3) In addition to the requirements of subsections (1) and (2) above, the
loading of specialty or custom ammunition shall be subject to obtaining a
use permit pursuant to the provisions of Section 307. +1
t. Publicly operated buildings or properties. +2
u. Public utility buildings and facilities when necessary for serving the
surrounding territory. Repair and /or storage facilities, including outdoor, subject
to a use permit. +4
v. Environmental remediation facility, subject to obtaining a use permit in
accordance with the provisions of Section 307. +5
w. Pet care facility, subject to the following limitations: +11
(1) Animal housing units shall be constructed so as not to allow for direct,
unaccompanied access by animals to the outside areas of the buildings.
+11
(2) Animals must be accompanied by a facility employee at all times
when outside building. All walks and exercise periods must take place on
facility grounds. +11
(3) When located adjacent to a residential district, every building and
every outdoor dog exercise run shall be set back at least fifty feet from any
lot line abutting such residential district. +11
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 10 of 16
(4) A solid masonry wall or fence seven feet in height shall be
constructed along the property line in both the rear and side yards. +11
(5) Solid waste shall be removed from outdoor exercise areas every five
hours at a minimum during time periods when these areas are in use. +11
(6) The average noise level, measured at the property line, shall not
exceed fifty -five dB (one Idn) when measured on an "A weighted" sound
level meter and according to the procedures of the environmental
protection agency. +11
3. Accessory uses. No accessory uses shall be permitted in this district except
the following:
a. Facilities and storage incidental to a construction project and located on the
project site.
b. Quarters for caretakers or watchmen.
c. Parking structures.
d. Outdoor storage which shall be screened with a solid fence or continuous
evergreen plantings. Such storage shall be no higher than twelve feet.
4. The following conditional uses are permitted subject to a use permit:
a. Outdoor processing.
b. Outdoor activities in conjunction with commercial schools.
G. District Regulations. Any use established or conducted within this district shall
comply with the following standards:
1. Smoke, gas and odor emissions shall comply with Regulation III of the
Maricopa County Air Pollution Control Rules and Regulations.
2. The disposal of all waste materials shall comply with title 9, chapter 8, articles
18 and 4 of the Hazardous Waste Regulations as adopted by the Arizona Health
Department.
3. The average noise level, measured at the property line, shall not exceed fifty
five dB (Idn) when measured on an "A weighted" sound level meter and according to
the procedures of the Environmental Protection Agency.
4. Explosive or hazardous processes: Certification shall be provided by the
Phoenix Fire Department Prevention Bureau that all manufacturing, storage and
waste processes on the site shall meet safety and environmental standards as
administered by the Bureau.
5. Outdoor lighting shall be shielded so that:
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 11 of 16
6. Unless otherwise specifically permitted within an option, there shall be no
outside use or storage.
7. A site plan, according to Section 507, is required for the Single User option.
8. Unless across an arterial street, the Single User option must be established
adjacent either to another Commerce Park District option or to a residence district.
a. No source of illumination is directly visible from a public street or from
residentially zoned property.
b. Light intensity does not exceed one footcandle on any adjacent
residentially zoned property.
9. Parking and loading standards.
a. Off street parking, paved and properly drained, shall be provided on the
site of any Commerce Park development.
b. Parking spaces shall meet the standards of Section 702, except that other
than required access drives, no parking or loading area shall be located within
any required setback adjacent to a public street or within any required
landscaped area.
c. Any loading space or dock shall be screened by an eight- foot -high solid
wall when located adjacent to a public street or to a residence district.
H. District Standards.
1. Yard, height and intensity standards. The following table prescribes
regulations to assure appropriate setbacks, height and intensity for each option of
the Commerce Park District. The following terms are used in these regulations:
a. Building height: The height of any structure as defined in chapter 2 and
subject to the provisions of Section 701
b. Lot coverage and floor area ratio (FAR): Terms used to define standards
for the intensity of structures on a site, as defined in chapter 2
c. Yard: An area required to be unoccupied by structures or uses as defined
in chapter 2
d. Perimeter lot line: A lot line located on or adjacent to the perimeter of a
Commerce Park District.
e. Interior lot line: A lot line where property on both sides is zoned Commerce
Park District, or where the lot line is on a street where the zoning on both sides
of the street is Commerce Park District.
COMMERCE PARK DISTRICT STANDARDS
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District Option
Single User
Research Park
Business Park
General
Commerce
Maximum
building height
18' within 75' of
perimeter lot line;
1' increase per 3'
additional
setback,
maximum 40'
18' within 50' of
perimeter lot line;
1' increase per 3'
additional
setback,
maximum 40'
18' within 30' of
perimeter lot line;
1' increase per 3'
additional
setback,
maximum 56'
18' within 30' of
perimeter lot line;
1' increase per 3'
additional
setback,
maximum 56' to
80' with use
permit and site
plan
Lot coverage
25% plus 10%
for parking
structures
35% plus 10%
for parking
structures
40% plus 10% for
parking canopies
or structure
50%
FAR
0.5
1.0
Required
setbacks
a) 50' from
perimeter lot line
b) 30' from
interior lot line
a) 40' from
perimeter lot line
b) 30' from
interior lot line on
a street, 10' not
on a street
a) 30' from
perimeter lot line
on a street, 20'
not on a street
b) 20' from
interior lot line on
a street, 0' not on
a street
a) 30' from
perimeter lot line
on a street, 20'
not on a street
b) 20' from
interior lot line on
a street, 0' not on
a street
Phoenix Zoning Ordinance 626 Commerce Park District.
2. Landscaping standards.
a. Landscaping, when required, shall consist of both an appropriate ground
cover which shall include living ground cover plant material and suitable
placement of shrubs and trees so as to create a setting for uses which can
enhance the visual attractiveness of the site and to offer a desirable transition
to other uses. All landscaped areas shall be supplied with an appropriate
watering system. Plant materials shall be maintained in a living condition and
shall be selected on the basis of minimizing water consumption, the provision of
shade and visual screening where appropriate, and enhancement of the site
development.
b. Required setbacks adjacent to a street or canal right -of -way shall be
landscaped. *8 -14
c. Where a lot line, not on a street, abuts residential zoning, there shall be
provided a minimum five- foot -wide landscaped area containing at least fifteen
gallon evergreen trees planted to average a minimum of twenty feet on center.
3. Walls and screening.
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 13 of 16
a. Walls and screening around parking areas adjoining a residence district
shall be as provided in Section 702
b. A six -foot solid masonry wall shall be provided on any lot line which abuts a
residential zoning unless that lot line is on any street.
c. Any open use or storage area, where permitted, shall be enclosed by a six
foot -high solid masonry wall.
I. Application for Commerce Park District.
1. An application for Commerce Park District shall include the following:
a. Legal description of the total property to be rezoned.
b. A development option plan which shows the general location of each
proposed Commerce Park District option, and each proposed public street.
Individual lots need not be shown and each district option may be indicated by
dimensioning.
c. A schedule indicating any proposed amenity or compatibility features which
may include: natural open or landscaped areas; wall, berming and screening;
waterways or flood protection measures; building heights and setbacks;
maximum floor area, lot coverage and FAR.
2. Where necessary to assure compatibility of buildings and uses with each other
and with off -site properties, the Commission may recommend and the Council may
eliminate otherwise permitted uses. In addition, the Commission may recommend
and the Council may specify modifications of the regulations, requirements, and
standards, including but not limited to, conditioning the zoning upon maximum
densities, maximum building heights, maximum lot overage and greater setback
requirements than might be otherwise permitted.
J. Amendments to the Development Option Plan.
1. Major amendments.
a. A Commerce Park District applicant or his successors in interest may file a
request for an amendment with the Planning and Development Department.
b. The request will be routed for comment to affected City departments or
other agencies for comment.
c. The change will be deemed major if it involves any one of the following:
(1) A change in the schedule of amenities or compatibility features which
is deemed major by the Planning and Development Director;
(2) A significant change in boundaries of options as determined by the
Planning and Development Director from those approved for the
Commerce Park District;
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 14 of 16
(3) Any change which could have significant impact on areas adjoining
the Commerce Park District as determined by the Planning and
Development Director; or
(4) Any change which could have a significant traffic impact on roadways
adjacent or external to the Commerce Park District as determined by the
City Traffic Engineer.
d. The Planning and Development Department will bring the major
amendment before the Planning Commission and will submit background
material and recommendations. Review and hearings shall be in accordance
with Section 506 of the Zoning Ordinance.
2. Minor amendments.
a. A Commerce Park District applicant or his successors in interest may file a
request for a minor amendment with the Planning and Development
Department.
b. The request will be routed for comment to any affected City departments or
other agencies for comment.
c. Upon receipt of comments, the Planning and Development Director will
determine whether the requested change is minor or major. If the Planning and
Development Director determines the amendment to be major, the applicant, by
paying the difference in fees, may proceed according to Section 626.J.1.
d. If the change is determined to be minor, the Planning Director shall take
action on the request.
e. The applicant may appeal the Planning and Development Director's action
to the Planning Commission within fourteen days. Review and hearings shall be
in accordance with Section 506 of the Zoning Ordinance.
K. Required Approvals.
1. Upon approval by the City Council, Commerce Park District zoning shall be
placed on the zoning map of the City of Phoenix.
2. The schedule for amenities and compatibility shall continue to be implemented
and maintained for the total acreage of the Commerce Park District, even though
ownership may subsequently be transferred in whole or in part.
a. It is the responsibility of the owner to notify all prospective purchasers of all
or part of the property within the district of the existence of the Commerce Park
District regulations and the schedule for amenities and compatibility.
b. Conformance with the Commerce Park District regulations and schedule of
amenities and compatibility shall be enforced by recordation of deed restrictions
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 15 of 16
at the time of approval of each subdivision within the district, and prior to the
issuance of building permits.
c. Notification and recordation as provided above shall be considered to retain
the unitary aspect of the district.
3. Approval and recording of a subdivision plat is required for any development
within the district except for the Single User option.
4. Upon approval of a subdivision plat or a site plan for a Single User option for
any part of a Commerce Park District, the development option(s) approved for the
subdivision or site plan shall be vested on the zoning map of the City of Phoenix.
L. Property Previously Zoned Industrial Park.
1. Property previously zoned Industrial Park, and developed under standards then
in effect, shall be considered to be a conforming use under the Business Park option
of the Commerce Park District. Any future development shall be according to the
standards of that option.
2. Property previously zoned Industrial Park and undeveloped as of April 19, 1986,
may choose the standards of any or all of the Single User, Research Park or
Business Park options. Material required by Section 626.1.1 shall be submitted to
the Site Planning Division of the Planning and Development Department and
approvals obtained according to Section 626.K.2, 3 and 4.
To develop property under the General Commerce Park option, approval according to the
procedures of Section 506 of this ordinance shall be obtained.
Date of Addition /Revision /Deletion Section 626
+1 Addition on 9 -18 -1991 by Ordinance No. G -3461
+2 Addition on 10 -30 -1991 by Ordinance No. G -3464
+3 Addition on 10 -30 -1991 by Ordinance No. G -3465
+4 Addition on 1 -8 -1992 by Ordinance No. G -3490
+5 Addition on 7 -7 -1993 by Ordinance No. G -3681 which corrects Ordinance No. G-
3665 adopted on 6 -30 -1993
*6 Revision on 9 -28 -1994 by Ordinance No. G -3800
+7 Addition on 7 -2 -1997 by Ordinance No. G -4039
*7 Revision on 7 -2 -1997 by Ordinance No. G -4039
+8 Addition on 7 -2 -1997 by Ordinance No. G -4041
*8 Revision on 7 -2 -1997 by Ordinance No. G -4041
*9 Revision on 7 -1 -1998 by Ordinance No. G -4109
+10 Addition on 1 -20 -1999 by Ordinance No. G -4154
*10 Revision on 1 -20 -1999 by Ordinance No. G -4154
+11 Addition on 6 -27 -2001 by Ordinance No. G -4366, eff. 7 -27 -2001
+12 Addition on 1 -31 -2007 by Ordinance No. G -4864, eff. 3 -2 -2007
*12 Revision on 1 -31 -2007 by Ordinance No. G -4864, eff. 3 -2 -2007
-13 Revision on 3 -4 -2009 by Ordinance No. G -5329, eff. 4 -3 -2009
*13 Revision on 3 -4 -2009 by Ordinance No. G -5329, eff. 4 -3 -2009
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Phoenix Zoning Ordinance 626 Commerce Park District. Page 16 of 16
-14 Deletion on 11 -3 -2010 by Ordinance No. G -5561, eff. 12 -3 -2010
+15 Addition on 6 -8 -2011 by Ordinance No. G -5632, eff. 7 -8 -2011
*15 Revision on 6 -8 -2011 by Ordinance No. G -5632, eff. 7 -8 -2011
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