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HomeMy WebLinkAbout9B - Ord Amend Outdoor Storage 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL REPORT MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: NOVEMBER 3, 2003 9B CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT CONCERNING OUTDOOR STORAGE IN THE 1.1 USE DISTRICT (Case File No.: 03.107) INTRODUCTION: History: The purpose of this agenda report is to consider an amendment to the Zoning Ordinance concerning outdoor storage in the 1-1 (General Industrial) use district. The City Council initiated this amendment to review the current enclosure requirements with the needs of businesses. Currently, outdoor storage in 1-1 is required to be screened with a solid 6 foot fence. Staff has suggested that a combination of landscaping and fencing (i.e., solid wood) could provide both buffering and security if properly installed. Thus, it is recommended that the current solid fence requirement be struck from the ordinance, and that screening be achieved through a combination of fencing, berming, and/or landscaping. To allow this means, it is also recommended that outdoor storage be changed from a Use Permitted with Conditions to a Conditional Use. On October 13, 2003, the Planning Commission held a public hearing on this amendment, and recommended approval by a unanimous vote. Overall, the Commission supported the change because the Conditional Use Permit and revised text language would allow the Planning Commission and City Council to determine what type of screening or combination of screening best serves the public interest. During the public hearing, Kevin Berens commented that he would prefer to install a 10 foot chain link fence with slats to screen his bus storage on Welcome Avenue. In June 2002, staff approved Mr. Berens's Site Plan for bus outdoor storage. The Plan indicated that buses would be screened with a 6 foot solid wood fence. If this amendment were approved, Mr. Berens would be required to obtain a Conditional Use Permit if he wishes to install something other than the solid 6 foot fence approved as part of his site plan. L:\03 Files\03 Ordin Amend\03 Zoning\I-1 Scteellio~lly~ke.com Phone 952.447.4230 / Fax 952.447.4245 . I r - w ~ DISCUSSION: Current Circumstances: The Zoning Ordinance defines outdoor storage as " the receiving, keeping and shipping of goods and materials outside of an enclosed building where outdoor activity includes only the unloading, loading, and keeping of materials; may include storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials and containers. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard, salvage yard or auto reduction plant are excluded." Outdoor storage is a Use Permitted with Conditions in the 1-1 (General Industrial) use district. A Use Permitted with Conditions is a use that is permitted provided it complies with criteria or performance standards for that specific use. Section 1102.1502 (4) of the Zoning Ordinance sets forth the following conditions for outdoor storage in the 1-1 use district. (4) Outdoor Storage. Conditions: a. Storaqe shall be enclosed by a solid wall or fence not less than 6 feet hiqh. This wall or fence shall be screened from all abutting public right-of-ways and from any property in an "R" Use District with a bufferyard, as determined by subsection 1107.2003. b. Storage shall not be permitted within any required yards or bufferyards. c. Storage areas shall be separated from the vehicular parking and circulation areas. This separation shall be clearly delineated by a physical separation such as a greenway, curb, fence or line of planters. d. Stored materials shall not interfere with either on-site or off-site traffic visibility. e. Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored on land on which storage is permitted with conditions under this Section. f. All areas used for storage shall be paved. Enclosure Requirement Purpose: The purpose of the enclosure requirement is to buffer and screen materials and equipment. The Zoning Ordinance intends to "enhance the aesthetic character and appearance of the CitY' through various ordinance provisions including those that address minimum requirements for landscaping, bufferyards, and fences. A visual screen (or buffer) is used to reduce the undesirable impact of a use on neighboring property or from the public right~of-way. A screen is defined as "a method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious L:\03 Files\03 Ordin Amend\03 Zoning\I-1 Screening\cc report.doc 2 11 I r . elements, such as plants, berms, fences, walls, or any appropriate combination thereof." For the purpose of the Zoning Ordinance, screening includes a solid, 100 percent opaque fence and/or dense landscaping. Security must be attained above and beyond the minimum screening requirements. This is not the goal of the screening requirement. Other Ordinances: Staff surveyed other suburban communities in reference to outdoor storage performance standards. Table 1 displays each community's specific requirements (see Attachment 2). Approximately one-half of those surveyed require a Conditional Use Permit for outdoor storage. The others allow outdoor storage as a Permitted Use. One thing all communities have in common is that outdoor storage must be screened. Screening includes fences, walls and/or landscaping. Alternatives to Wall or Fence Enclosure: Alternatives to the City's requirements for a solid fence enclosure for outdoor storage include: 1. no screening or fence, 2. landscaping only, or 3. landscaping/fence combination. Alternative #1 would not implement the purpose of the Zoning Ordinance. Maintenance issues come into play in alternative #2 and #3, where plantings are required. Under alternative #2 and #3, the City would have to ensure that the appropriate species of trees are planted at the appropriate position to provide year round screening, as well as their survival after installation. Solid fencing, the current requirement, provides the greatest advantage because the screening level is certain prior to installation. Issues: The Zoning Ordinance requires that outdoor storage in the 1- 1 use district be enclosed with a "solid wall or fence." "Solid" can be defined as "having no breaks or divisions." A stockade fence ("vertical wood strips with no intervening spaces") would fulfill this requirement. This would not include a chain link fence with slats, as this is neither solid nor opaque. In reference to the three options mentioned above, staff would not recommend alternative #1, because it would be inconsistent with the purpose of the Zoning Ordinance. Alternative #2, which only requires landscaping, may not completely protect against "visual intrusions." Landscaping, unless it is dense coniferous plantings strategically staggered, will not provide the same effect as a wall or fence. A combination of fencing and plantings, noted as alternative #3, provides an appropriate alternative to the solid wall or fence, but L:\03 Files\03 Ordin Amend\03 Zoning\I-1 Screening\cc report. doc 3 .1 r . .. -- species selection, location, and survivability could be an issue. The solid wall or fence requirement is the best alternative because it provides a complete visual barrier. In some instances, a solid wall may not be reasonable given the type of storage and site location. For instance, if the site is adjacent to industrial properties, and they intend to store only 4 small widgets, a solid 6 foot fence may not be needed to fully screen, as landscaping and a berm would suffice. Conversely, if the site is adjacent to residential property and the storage includes 12 dump trucks, a solid fence would be the most appropriate. (Note: It is also an option to prohibit outdoor storage entirely and require that all materials and equipment be stored in a building.) Another option besides a specified screening type is to require a Conditional Use Permit (CUP) for outdoor storage in the 1-1 use district, similar to the process in the C-5 use district. (Currently, outdoor storage is a Use Permitted with Conditions.) The Zoning Ordinance defines a Conditional Use as follows, "a specific type of structure or land use that is permitted by this Ordinance only after an in-depth review procedure set forth in subsection 1108.200 and with appropriate conditions or restrictions as provided in this Ordinance and upon finding that: (1) certain conditions as detailed in this Ordinance exist; and (2) the structure and land use conform to the Comprehensive Plan and are compatible with the existing neighborhood." The CUP process allows the Planning Commission and City Council to review the site plan on a case-by-case basis, and make the decision to allow less or require more screening. Staff recommends outdoor storage should be a Conditional Use in the 1-1 use district. (Note: Typically, the review and approval process for a Conditional Use Permit is 45 to 60 days, depending on the meeting schedule.) The screening requirement should not be eliminated from the ordinance because it serves a valid purpose (to protect adjacent property and the public right-of-way from visual intrusions). Furthermore, screening for outdoor storage is consistently required in other suburban communities, so it is not over burdening the Prior Lake property owner (see Table 1 in Attachment 2). In this instance, a CUP would protect adjacent properties; yet provide flexibility for the property owner. The requirement for a solid wall or fence could be struck from the provision, similar to the following language: a. Storage shall be onclosod by a solid .....all or fence not less than 6 foet high. This '::all or fence shall be screened with fencinq, landscapinq, berminq or some combination thereof from all L:\03 Files\03 Ordin Amend\03 Zoning\I-1 Screening\cc report.doc 4 . I . r .... property lines and abutting public rights-of-way. A buffervard shall be required when the outdoor storage abuts fFem any property in an "R" Use District .....ith J bufferYQFd, 3S determined by pursuant to subsection 1107.2003. With this proposed amendment, the City has flexibility in determining whether fencing or landscaping is appropriate for the outdoor storage. The standard being that it would still have to be screened from adjacent properties and public rights-of-way. It is the type of screening that is the determination of the policy makers. The bufferyard requirement would always apply when the site abuts an "R" use district. Zonina Ordinance Amendment Findinas: Section 1108.600 of the Zoning Ordinance states that recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: 1. There is a public need for the amendment. There is a public need for the amendment because it would allow flexibility in screening outdoor storage in the 1-1 use district. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. The Zoning Ordinance purports to: . Enhance the aesthetic character and appearance of the City. . Prevent over crowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. Objectives and policies of the Comprehensive Plan include: . Encourage a diversified economic base and a broad range of employment opportunities. Encourage a mixture and diversity of industrial and commercial land uses that will remain relatively stable under changing economic conditions; . Promote sound land use. Industrial and commercial uses should be consolidated in planned areas. Industrial and commercial centers should interface with the community rather than be developed solely to capture vehicular traffic that happens to travel through the city. New development should contribute to the function and success of the adjacent neighborhoods and the community; and L:\03 Files\03 Ordin Amend\03 Zoning\l-1 Screening\cc report. doc 5 I J . r .. . Maintain high standards in the promotion and development of commerce and industry. Encourage, regulate, and promote non- polluting and aesthetically pleasing commercial and industrial development. Maintain proper physical site screening and landscaping standards. The proposed amendment strives to accomplish the purpose of the Zoning Ordinance and the objectives and policies of the Comprehensive Plan by providing flexible development standards for outdoor storage in the 1-1 use district. Standards imposed to mitigate negative impacts of the outdoor storage will be addressed during the Conditional Use Permit process. 3. The adoption of the amendment is consistent with State andlor Federal requirements. This amendment is consistent with Minnesota Statutes ~462.357. CONCLUSION: "Optional" Conditional Use Permit: Another option would be to keep the existing requirement for a 6 foot solid fence, but incorporate language that would permit the property owner/applicant to apply for a Conditional Use Permit if they believe that a 6 foot solid fence is inappropriate for the location and type of outdoor storage. If the City Council supports this option, staff should be directed to prepare an amendment to the Zoning Ordinance. The proposed amendment provides flexibility in screening outdoor storage in the 1-1 use district with fencing, landscaping, berming or a combination thereof, depending on the site and type of storage. The City Council can attach conditions to mitigate adverse impacts on adjacent residential uses, or any other uses for that matter, at the time of Conditional Use Permit review. However, the City Council has the following options: 1. Maintain the existing ordinance. Require all outdoor storage to be screened with a 6 foot solid fence. Relief from the requirement could be obtained through the Variance process. Outdoor storage must be reviewed through the administrative Site Plan review process. The Zoning Ordinance permits 60 days for staff to approve the site plan, but review is usually complete prior to that deadline. Applicant may appeal decision to Board of Adjustment. 2. Adopt the proposed ordinance amendment changing outdoor storage from a Use Permitted with Conditions to a Conditional Use Permit, as recommended by the Planning Commission (see Attachment 1 - Draft Ordinance). Approval process can take 45 to 60 days. Screening is determined by City Council, and should reflect location and type of outdoor storage. L:\03 Files\03 Ordin Amend\03 Zoning\I-1 Screening\cc report. doc 6 II . r .. 3. Direct staff to prepare an amendment specifying the optional Conditional Use Permit. Outdoor storage must still be screened with a 6 foot solid fence, but should the applicant not wish to comply with this requirement, they have the option of applying for a Conditional Use Permit rather than a Variance. This is a combination of the existing ordinance and the Planning Commission's recommendation for a CUP. The Planning Commission supported staff's recommendation to change outdoor storage to a Conditional Use in the 1-1 use district, because they felt the CUP process would allow flexibility in determining appropriate screening based upon the use and location. ALTERNATIVES: The City Council has three alternatives: 1. Adopt the ordinance amendment to change outdoor storage a Conditional Use in the 1-1 use district. 2. Deny the ordinance amendment. 3. Defer this item and provide staff with specific direction. RECOMMENDED MOTION: Staff recommends Alternative #1. This requires the following motion: REVIEWED BY: 1. A motion and second to approve an ordinance making outdoor storage a Conditional Use in the 1-1 (General Industrial) use ditJJi- Frank Boyles, City Manager ATTACHMENTS: 1. Draft Ordinance Amendment 2. Table 1- Comparison of Outdoor Storage Requirements 3. October 13, 2003, Planning Commission meeting minutes L:\03 Files\03 Ordin Amend\03 Zoning\I-1 Screening\cc report. doc 7 11 . Il' _ 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 03- XX AN ORDINANCE AMENDING SECTION 1102.1500 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1102.1503 (1-1 use district Conditional Uses) of the Prior Lake City Code is hereby amended as follows: (8) Outdoor Storage. Conditions: a. Storage shall be enclosed by a solid wall or fence not less than 6 feet high. This 'Nail or fence shall be screened with fencing, landscapinq, berminq or some combination thereof from all property lines and abutting public rights- of-way. A buffervard shall be required when the outdoor storaqe abuts from any property in an "R" Use District with a bufferyard, as determined by pursuant to subsection 1107.2003. b. Storage shall not be permitted within any required yards or bufferyards. c. Storage areas shall be separated from the vehicular parking and circulation areas. This separation shall be clearly delineated by a physical separation such as a greenway, curb, fence or line of planters. d. Stored materials shall not interfere with either on-site or off-site traffic visibility. e. Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored on land on which storage is permitted with conditions under this Section. f. All areas used for storage shall be paved. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _ day of _, 2003. ATTEST: City Manager Mayor 1:\03 files\03 ordin amend\03 zoning\i-1 screening\ord03xx.doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 PAGE 1 ATTACHMENT 1 I I . II' . Published in the Prior Lake American on the _ day of _' 2003. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\03 files\03 ordin amend\03 zoning\i-1 screening\ord03xx.doc I I I" . PAGE 2 r 11 TABLE 1 COMPARISON OF OUTDOOR STORAGE REQUIREMENTS OF OTHER SUBURBAN ORDINANCES TO PRIOR LAKE CITY USE STANDARDS Permitted Conditional Apple Valley 1-1, Limited Industrial Screening to include fencing, 1-2, General Industrial wall, landscaping or berm Burnsville 1-1, Industrial Park 100% screened at time of 1-2, General Industry installation w/fencing, GIM, Gateway Industrial landscaping, berming Medium GIH, Gateway Industrial Heavv Chanhassen lOP, Industrial Office Park 100% opaque fence or landscape screen Eagan 1-1, Limited Industrial Screened from public 1-1, General Industrial r-o-w view and residential CSC, Community Shopping property Center Eden Prairie 1-2, Industrial Park Screened from public 1-5, Industrial Park r-o-w w/6 foot berm, wall, I-GEN, General fence, or landscaping Industrial Farmington All commercial and 100% screen w/fence and industrial districts landscapinQ Lakeville AccessOlY use in Screened, fenced or 1-1, Limited Industrial landscaped 1-2, General Industrial I-CBD, Industrial Maple Grove AccessOlY use in Screened from all lot lines I, Industrial District w/landscaping and/or fence Plymouth 1-1, Light Industrial Must be located in side or 1-2, General Industrial rear yard; screened from 1-3, Heavy Industrial public r-o-w and adjoining properties Prior Lake 1-1, General Industrial Enclosed by fence/wall; screened from public r-o-wand residential C-5, Business Park Screened from view of public r-o-w and residential property ATTACHMENT 2 I I . f . Planning Commission Minutes October J 3. 2003 MOTION BY RINGSTAD, SECOND BY ATWOOD, RECOMMENDING APPROVAL OF A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN TO BE KNOWN AS WENSMANN 4TH ADDITION, SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT. Vote taken indicated ayes by alL MOTION CARRIED. MOTION BY RINGSTAD, SECOND BY ATWOOD, RECOMMENDING APPROVAL OF A PRELIMINARY PLAT TO BE KNOWN AS WENSMANN 4TH ADDITION, SUBJECT TO THE LISTED CONDITIONS IN THE STAFF REPORT. Vote taken indicated ayes by alL MOTION CARRIED. This will go before the City Council on November 3,2003. -+ C. #03-107 Amendment to the Zoning Ordinance to change the fencing/screening requirements for properties in the 1-1 district. Planner Cynthia Kirchoff presented the Planning Report dated October 13,2003, on file in the office of the City Planning Department. The City Council has initiated an amendment to the Zoning Ordinance text to change the enclosure requirements for outdoor storage in the 1-1 (General Industrial) use district. Staff recommended outdoor storage as a Conditional Use in the 1-1 use district. The screening requirement should not be eliminated from the ordinance because it serves a valid purpose (to protect adjacent property and the public right-of-way from visual intrusions). Furthermore, screening for outdoor storage is consistently required in other suburban communities, so it is not over burdening the Prior Lake property owner. In this instance, a Conditional Use Permit would protect adjacent properties; yet provide flexibility for the property owner. With this proposed amendment, the City has flexibility in determining whether fencing or landscaping is appropriate for the outdoor storage. The standard being it would still have to be screened from adjacent properties and public rights-of-way. It is the type of screening determined by the policy makers. The bufferyard requirement would always apply when the site abuts an "R" use district. The staff supports the proposed amendment as it provides flexibility in screening outdoor storage in the 1-1 use district with fencing, landscaping, berming or a combination thereof, depending on the site and type of storage. The staff, Planning Commission, and City Council will attach conditions to mitigate adverse impacts on adjacent residential uses, or any other uses for that matter, at the time of Conditional Use Permit review. L:\03 Files\03 Planning Comm\03pcMinutes\MNI0I303.doc 9 ATTACHMENT 3 . I II" r .. Planning Commission Minutes October 13, 2003 Comments from the Public: Kevin Berens, of Berens Bus Company, stated he recently bought property on Welcome Avenue and would like to store school buses and explained his proposed screening. The public hearing was closed. Comments from the Commissioners: Ringstad: . Likes staffs changes, they did an excellent job in preparing this. . This will apply to any type of unique circumstance. . Does not mind seeing each request come before the Commission with staffs recommendations. . Support. Lemke: . Agreed with the change to allow landscaping or berming for storage. . Opposed to making it a conditional use. Would rather see it maintained permitted with conditions. . Other cities are considered friendly toward commerce, industry and business and would like to keep Prior Lake on that side. . Its just one more hoop a business has to go through. Atwood: . Appreciates Lemke's concern but the three years on the Commission she had not come across this issue. Kansier said they are currently permitted with conditions but one of the conditions is the need for a 6 foot solid fence. . Likes the flexibility ofthe amendment. It makes sense to review case by case. . Support. Stamson: . Agreed. Like the idea of being more flexible assuming it is not weakening the ordinance. Every property and industrial use is different. Some will have more screening required. . Noted the differences from other city requirements. . Allowing the flexibility is a good step forward. . Support. Lemke: . Just to clarify - it should be flexible to determine the height of the screening but feels it could be done with conditions. Not opposed to making it a conditional use either. Just a little bit here and there sends a wrong message. L:\03 Files\03 Planning Comm\03pcMinutes\MNI0I303.doc 10 . I - ... -- Planning Commission Minutes October 13, 2003 Stamson: · Explained the permitted with conditions requirement has to be spelled out in the ordinance. Lemke said he could agree to that. . Kansier explained the ordinance. MOTION BY ATWOOD, SECOND BY RINGSTAD, RECOMMENDING APPROVAL OF THE PROPOSED AMENDMENT AMENDING SECTION 1102.1500 OF THE PRIOR LAKE CITY CODE. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on November 3,2003. D. #03-112 Susan Balaam is requesting an amendment to the Zoning Ordinance to reduce the lot width of riparian lots on General Development lakes from 90 to 75 feet. Planner Cynthia Kirchoff presented the Planning Report dated October 13,2003, on file in the office of the City Planning Department. Susan Balaam is requesting an amendment to the Zoning Ordinance text to reduce the minimum lot width for riparian lots on General Development lakes from 90 feet to 75 feet to accommodate a subdivision of property located at 6096 150th Street. The proposed amendment would establish the minimum lot width based upon the area of the lot. Essentially, the greater the lot area, the less the minimum required lot width, but in no case would it be less than 75 feet. In 1994, an Administrative Land Division and lot width Variances were approved to subdivide the subject property into two lots with five conditions. At that time, staff recommended approval of the subdivision because the property was considered three lots of record and approving administrative land division for two lots would reduce the density. Staff also pointed out that approval of prior subdivisions created precedent. It must be noted the City approved the subdivision against the recommendation of the DNR Area Hydrologist. Furthermore, the subdivision was approved contrary to Minnesota Rule 6120.3300, which prohibits the conveyance or development of nonconforming contiguous lots under single ownership. The applicant has prepared an amendment to the shoreland ordinance that would reduce the minimum lot width to allow a subdivision of property located at 6096 150th Street. The applicant owns Lots 10, II, and 12, Eastwood. The three platted lots on their own do not comply with current ordinance requirements, and the total property width is 151.3 feet. To create a new riparian lot it must be demonstrated the lot is 90 feet in width at the front yard setback. In this case, the property cannot be subdivided into two lots without a variance or an ordinance amendment. The proposed amendment does not seek merely to accommodate existing lots of record but allow for the creation of new riparian lots on L:\03 Files\03 Planning Comm\03pcMinutes\MNIOI303.doc 11 II , r ...