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HomeMy WebLinkAbout4E I-1 Ord Amend report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: June 15, 2015 AGENDA #: 4E PREPARED BY: PRESENTED BY: PUBLIC HEARING: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR YES AGENDA ITEM: CONSIDER A RECOMMENDATION TO AMEND SUBSECTION 1102.1400 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO THE I-1, GEN- ERAL INDUSTRIAL ZONING USE DISTRICT DISCUSSION: Introduction The purpose of this public hearing is to consider recommending certain amendments to Subsection 1102.1400 of the Prior Lake Zoning Ordinance re- lated to the City’s (I-1) General Industrial Use District. History On December 10, 2012 the Prior Lake City Council approved an ordinance amending Sections 1101 (General Provisions), 1102 (Use District Regulations) and 1107 (General Performance Standards) of the zoning ordinance to assist in the creation of economic development activities through relaxed develop- ment requirements. The ordinance amendments allowed for a greater variety of approved building materials, provided more flexible development options, sim- plified the development and approval process and more closely aligned Prior Lake’s zoning ordinance to those of surrounding communities while protecting adjacent residential areas. Current Circumstances One of the approved ordinance amendments was to move the Outdoor Storage use from a Use Requiring Conditional Use Permit (CUP) to a Permitted Use with Conditions in the I-1, General Industrial Use District. When the Outdoor Storage use was moved from a CUP to a Permitted Use with Conditions, a condition was added which restricts the outdoor storage ar- ea to an area no larger than 50% of the floor area of the principal structure. However, there is now an unintended consequence of this new condition that impacts future industrial development applicants. I someone wishes to have an outdoor storage area greater than 50% of their principal structure in the I-1 district, they have no avenue to request approval because the use no longer requires a CUP. The intent of the ordinance amendment was to simplify the approval process by allowing the outdoor storage use in the I-1 use district without requiring the applicant to follow the CUP process; however, now that the CUP process is no longer an option, an applicant does not have an opportunity to seek an outdoor 2 storage area which may exceed 50% of the floor area of the principal structure. When the City Council approved ordinance amendments for the C-3, Business Park Use District on January 12, 2015, a new land use description of Outdoor Storage, Class II was added to Subsection 1101.1000, Land Use Descriptions. In the C-3 district, an outdoor storage area no larger than 50% of the floor area of the principal structure is considered Outdoor Storage and is a Use Permitted with Conditions. An outdoor storage area with an area exceeding 50% of the floor area of the principal structure is considered Outdoor Storage, Class II, and a CUP is required. Below are the definitions of Outdoor Storage and Out- door Storage, Class II from Subsection 1101.1000 (Land Use Descriptions) of the Zoning Ordinance: Outdoor Storage. The receiving, keeping or shipping of goods and materials outside of an enclosed building where such use occupies an area no larger than 50% of the floor area of the principal structure. 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 in- operable vehicles or other materials typically associated with a junkyard or sal- vage yard are excluded. (Ord. Amd. 115-02, publ. 01/17/15) Outdoor Storage, Class II. The receiving, keeping or shipping of goods and materials outside of an enclosed building where such use occupies an area larger than 50% of the floor area of the principal structure. Outdoor activity in- cludes only the unloading, loading, and keeping of materials; may include stor- age yards for contractors, equipment, lumber, landscaping materials, construc- tion materials and shipping materials and containers. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard or salvage yard are excluded. (Ord. Amd. 115-02, publ. 01/17/15) Conclusion Staff is proposing to add the Outdoor Storage Class II use as a Use Permitted by Conditional Use Permit in the I-1, General Industrial Use District to allow applicants to request an outdoor storage area larger than 50% of the principal structure area through the conditional use permit process. The Economic & Community Development Strategic Element of the 2030 Vision and Strategic Plan identifies a goal to review the existing City Code and Zoning Ordinance provisions to assess their impact on achieving economic development objec- tives. ZONING ORDINANCE AMENDMENT FINDINGS: Section 1108.600 of the Zoning Ordinance states: 1108.600 POLICY FOR AMENDMENTS. 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 follow- ing policies. In the case of amendments to the formal text of this Ordinance:  There is a public need for the amendment, or  The amendment will accomplish one or more of the purposes of 3 this Ordinance, the Comprehensive Plan or other adopted plans or policies of the City, or  The adoption of the amendment is consistent with State and/or federal requirements. 1. There is a public need for the amendments. Property owners have inquired with city staff about development of proper- ty, including Outdoor Storage in excess of 50% of the floor area of the pro- posed principal structure within the I-1, General Industrial Use District 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or poli- cies of the City. This amendment will accomplish a goal of the 2030 Vision and Strategic Plan under the Economic and Community Development strategic element, which is to review the existing City Code and Zoning Ordinance provisions to assess their impact on achieving economic development objectives. The proposed amendments meet these purposes of the Zoning Ordinance:  Protect the residential, business, industrial and public areas of the com- munity and maintain their stability.  Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas.  Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. 3. The adoption of this amendment is consistent with State and/or feder- al requirements. These amendments are consistent with federal and state requirements. Based upon the findings set forth in this report, staff recommends approval of the proposed Zoning Ordinance amendment. ISSUES: Amendments to the Zoning Ordinance shall not have a negative effect on the health, safety, and welfare of surrounding properties or community residents. ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the amend- ments to Subsection 1102.1400 of the Prior Lake Zoning Ordinance related to the City’s (I-1) General Industrial Use District.as proposed, or with chang- es specified by the Planning Commission. 2. Motion and a second to recommend the City Council deny the proposed amendments to Subsection 1102.1400 of the Prior Lake Zoning Ordinance related to the City’s (I-1) General Industrial Use District based on specific findings. 3. Motion and a second to table or continue discussion of the item for a specif- ic purpose. RECOMMENDED MOTION: Alternative #1 4 ATTACHMENT: 1. Proposed Amendments to Section 1102.1400 (Redlined) Zoning Ordinance City of Prior Lake June 1, 2009 1102/p1 SECTION 1102 USE DISTRICT REGULATIONS SUBSECTIONS 1102.100: Residential District Regulations 1102.200: "A" Agricultural Use District 1102.300: "R-S" Rural Subdivision Residential Use District 1102.400: "R-1" Low Density Residential Use District 1102.500: "R-2" Medium Density Residential Use District 1102.600: "R-3" High Density Residential Use District 1102.700: Residential Performance Standards 1102.800: “TC” Town Center Use District 1102.900: “TC-T” Transitional Town Center Use District 1102.1000 "C-1" Neighborhood Commercial Use District 1102.1100: "C-2" General Business Use District 1102.1200 “C-3” Business Park Use District 1102.1300: Commercial Restrictions and Performance Standards 1102.1400 “I-1” General Industrial Use District 1102.1500: Industrial Performance Standards 1102.1600: Expansion of a Nonconforming Restaurant Use (1102.100 – 1102.1300 and 1102.1500 – 1102.1600 were removed for purposes of this Zoning Ordinance review only) 1102.1400: "I-1" General Industrial Use District. The "I-1" General Industrial Use District is intended to provide areas of the community which will allow general industrial uses which, due to their size and nature, would not conform to the "C- 3" Business Park Use District. 1102.1401 Permitted Uses. The following uses are permitted in the "I-1" General Industrial Use District if the use complies with the Industrial Performance Standards of Subsection 1102.1500 and the General Performance Standards of Section 1107.  Manufacturing/Processing  Research and Testing Laboratories  Office  Office/Warehouse  Warehouse/Storage/Distribution  Freight Terminals  Parking Lots  Medical/Dental Laboratories  Printing Process  Showroom  Business/Trade School  Wholesale 1102.1402 Uses Permitted With Conditions. A structure or land in the "I-1" General Industrial Use District may be used for one or more of the following uses if the Zoning Ordinance City of Prior Lake June 1, 2009 1102/p2 use complies with the Industrial Performance Standards of Subsection 1102.1500, the General Performance Standards of Section 1107, and the specific conditions in this Subsection. (1) Appliance, Small Engine and Bicycle Repair. Conditions: a. No sales or display of new or used appliances, engines, bicycles or similar shall be permitted. (2) Auto Body/Painting. Conditions: a. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. b. No sales or display of new or used automobiles shall be permitted. (3) Motor Vehicle Service and Repair. Conditions: a. All repair, assembly, disassembly, and maintenance of vehicles shall be conducted entirely inside an enclosed building except tire inflation, changing wipers and adding oil. b. No test driving shall be permitted on any street in an "R" Use District. c. No automatic or standard car washes shall be permitted for public use. d. No sales or display of new or used automobiles shall be permitted. e. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. (4) Public Service Structures. Conditions: a. All service drives shall be paved. (5) Utility Substations. Conditions: a. No structure shall be located within 25 feet of any property line. b. No structure shall be located within 100 feet of the closest property line of any property used or zoned for residential use, or designated in the Comprehensive Plan for residential use. (6) Animal Handling. Conditions: a. No pens shall be kept outside the building. b. No building or outdoor activity shall be permitted within 100 feet of any property line of a property used or zoned for residential use, or designated in the Comprehensive Plan for residential use. (7) Outdoor Storage: Conditions: Zoning Ordinance City of Prior Lake June 1, 2009 1102/p3 a. Storage areas shall be fully screened. Screening shall be 100% opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way. b. Stored materials shall not interfere with either on-site or off-site traffic visibility. c. Storage of inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be permitted. d. All areas used for storage shall be paved and a drainage plan for the site shall be approved by the City Engineer. e. All outdoor storage areas adjacent to an “R” Use District shall meet the required building setback as defined in Subsection 1102.1405; in all other instances outdoor storage shall meet the required parking setback. f. Outdoor storage area shall occupy an area no larger than 50% of the floor area of the principal structure. (8) Contractors Yard. Conditions: a. Areas used for storage of equipment and materials shall be fully screened. Screening shall be 100% opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way. b. Stored materials shall not interfere with either on-site or off-site traffic visibility. c. Storage of inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be permitted. d. All areas used for storage and parking of street legal or road legal vehicles, such as an automobile, motorcycle, light or heavy truck that are equipped and licensed for use on public roads shall be paved. e. All contractor yards adjacent to an “R” Use District shall meet the required building setback as defined in Subsection 1102.1405; in all other instances contractor yards shall meet the required parking setback. (9) Transportation Facility. Conditions: a. Parking areas shall be screened with fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights- of-way. b. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. (10) Building Material Sales. Conditions: Zoning Ordinance City of Prior Lake June 1, 2009 1102/p4 a. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. (11) Building Improvement Trades. Conditions a. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. (12) Heavy Equipment & Specialized Vehicle Sale, Rental & Service. Conditions: a. No sales, storage, rental or display of automobiles shall be permitted. b. No test driving shall be permitted on any street in an "R" Use District. c. No car washes or automatic car washes shall be permitted for public use. d. No inoperable equipment or vehicles shall be stored outside the primary structure or designated screened storage areas. (13) Private Entertainment (Indoor). Conditions: a. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5 a.m. to 11 p.m. on weekends. (14) Self-Service Storage Facility. Conditions: a. No compartment doors shall be allowed on a building façade which faces property used or zoned for residential use, or designated in the Comprehensive Plan for residential use. b. No areas on site shall be utilized as residential living units c. A minimum 6 foot tall fence, wall, or berm shall surround the storage facility area. Screening shall be 100% opacity in the form of a fence, wall, or berm along any area visible from any “R” Use District. No fencing shall be constructed of chain link or barbed wire on the property. d. No outdoor storage is permitted on site, including but not limited to vehicles, recreational vehicles, portable storage units, and construction materials. e. No storage of hazardous, explosive, of flammable materials is permitted. f. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on site. g. Activities which use amplified music, auctions, wholesale, retail sales and garage sales are not permitted. h. Exterior materials shall be in accordance with Section 1107.2200 with the following exception: each building face visible from off-site that includes storage access doors shall be required to have at least 25% of the façade Zoning Ordinance City of Prior Lake June 1, 2009 1102/p5 square footage, which does not consist of doorways, constructed of Class I material. i. A minimum of 5 parking spaces or 2 parking spaces plus 1 parking space per 75 storage units, whichever is greater shall be required. (15) Waste Hauler. Conditions: a. The site shall not abut a property that is currently used residentially or zoned for residential use, or designated in the Comprehensive Plan for residential use. b. Storage of materials outside a principal building or enclosed container is not permitted. Outdoor storage of containers is subject to the screening requirements of Subsection 1107.1900. 1102.1403 Uses Permitted With Conditional Use Permit. No structure or land in the "I-1" General Industrial Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the Industrial Performance Standards in Subsection 1102.1500, with the General Performance Standards in Section 1107, with the specific conditions imposed in this subsection, and with any other conditions the Planning Commission may impose that are intended to promote the health, safety, and welfare of the residents within the City to maintain the characteristics of a neighborhood. (1) Heliport. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a. All heliports shall conform to all applicable Federal Aviation Administration regulations. b. Hours of operation shall be limited to 7:00 am to 9:00 pm, seven days per week, excluding emergency operations. c. The helicopter pad shall not be located within 300 feet of any property line of any "R" Use District. d. The landing pad shall be dust free. e. The use shall be permitted only as an accessory use to another principal use and shall not occupy more than 25% of the total site area of the development. (2) Light Processing Recycling Center. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: Zoning Ordinance City of Prior Lake June 1, 2009 1102/p6 a. Such facilities must meet Minnesota Pollution Control Agency (MPCA) requirements and other applicable Federal, State or County requirements for recycling facilities. b. The site shall not abut a property that is currently used residentially or zoned for residential use, or designated in the Comprehensive Plan for residential use. c. Storage of recyclable materials outside a principal building or enclosed containers is not permitted. Outdoor storage of containers for recyclable materials is subject to the screening requirements of Subsection 1107.1900. (3) Designated Recycling Center. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a. Such facilities must meet Minnesota Pollution Control Agency (MPCA) requirements and other applicable Federal, State or County requirements for recycling facilities. b. The site shall not abut a property used or zoned for residential use, or designated in the Comprehensive Plan for residential use. c. Storage of recyclable materials outside a principal building or enclosed containers is not permitted. Outdoor storage of containers for recyclable materials is subject to the screening requirements of Subsection 1107.1900. (4) Recreational Dome. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a. No outdoor storage of any kind is permitted on the site. b. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5 a.m. to 11 p.m. on weekends. c. All structures shall be located a minimum of 60 feet from any adjacent lot line in an “R” use district, and the setback shall be increased by an additional foot for each foot in height that the structure exceeds 60 feet. d. The structure shall be of a color that provides for maximum integration within its surroundings. e. The dome structure shall be fully insulated. (5) Car Wash. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: Zoning Ordinance City of Prior Lake June 1, 2009 1102/p7 a. Drainage and surfacing plans shall be approved by the City Engineer. The plans shall describe the wash water disposal and sludge removal facilities for on-premise dust, salt and other chemical and mud abatement. Drainage must be designed to prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the premises. b. The ingress or egress points for an accessory car wash shall be approved by the City Engineer. The exit door from the car wash shall be at least 45 feet from the public right-of-way. Drainage shall be away from the public street at egress points of the car wash to prevent spillage onto the street. The grades of the interior floor shall be sloped away from the exit door, and sloped to an accepted interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right-of-way. c. An automatic car wash accessory to a motor fuel station or motor vehicle service and repair facility shall provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress and egress driveways on the site or driveways providing access to gasoline pumps, service bays or required off-street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only. (6) Adult Uses. (Conditions listed in Section 1111). (7) Antennas & Communications Towers. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a. All structures shall be located a minimum of 100 feet from any property line of property in any “R” use district. b. All structures shall be located a minimum of 60 feet from any adjacent lot line. c. No light, sound or vibration originating from the structure shall be discernible at the property line of any adjacent lot line in an “R” use district. (8) Gun Range, Indoor. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a. Indoor Gun Ranges must be designed so projectiles cannot penetrate the walls, floor or ceiling and ricochets or back splatter cannot harm range users. b. No light, sound or vibration originating from the structure shall be discernible at any property line of property in an “R” use district. (9) Nurseries & Greenhouses. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance Zoning Ordinance City of Prior Lake June 1, 2009 1102/p8 of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a. All accessory plantings and gardens adjacent to an “R” Use District shall meet the required building setback as defined in Subsection 1102.1405; in all other instances, accessory plantings and gardens shall meet the required parking setback. (10) Wind Generators. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a. All structures shall be located a minimum of 300 feet from any property line of any “R” use district. b. All structures shall be located a minimum of 100 feet from any property line in all districts other than an “R” use district. c. No light, sound or vibration originating from the structure shall be discernible at the property line of any property in an “R” use district. (11) Outdoor Storage, Class II. Conditions: a. Outdoor storage areas shall be fully screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a minimum 98% opacity fence or wall of at least 6 feet in height. b. All outdoor storage areas adjacent to an “R” Use District shall meet the required structure setback as defined in Subsection 1102.1206; in all other instances outdoor storage shall meet the required parking setback. c. Stored materials shall not interfere with either on-site or off-site traffic visibility. d. Storage of inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be permitted. e. All storage areas within one-hundred (100) feet of a public right of way shall be paved, and a drainage plan for the site shall be approved by the City Engineer; exceptions may be granted in the CUP for situations that may not warrant paving or may allow an equivalent surface material based on conditions such as distance of the storage area from a public street or the use of the storage area.. 1102.1404 Accessory Uses. The following uses shall be permitted Accessory Uses in the "I-1" General Industrial Use District. These uses shall comply with the Industrial Performance Standards in Subsection 1102.1500, with the General Performance Standards in Section 1107, and with the specific conditions imposed in this subsection (1) Parking Lots which comply with the requirements of Subsection 1107.200. Zoning Ordinance City of Prior Lake June 1, 2009 1102/p9 (2) Retail Sales, Limited a. Retail sales are limited to a maximum of 15% of the gross floor area of the principal building. (3) Outdoor Sales subject to the following conditions: a. The items displayed must be related to the principal use. b. The area allowed for outdoor sales is limited to 30% of the gross floor area used for the display and sale of merchandise, or goods in the principal building. (4) Motor Vehicle Service and Repair incidental to the conduct of the principal use, subject to the following conditions: a. All repairs and maintenance shall be conducted indoors unless the vehicle or equipment is too large to be moved indoors or if the vehicle or equipment cannot practically be moved indoors or if the repair is of an emergency nature. b. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. c. No sales, storage or display of new or used automobiles or equipment shall be permitted. 1102.1405 Dimensional Standards (1) The following minimum requirements and those additional requirements found in Section 1102.1500 shall govern the use and development of lots in the “I-1” Use District. Minimum Lot Area Minimum Lot Width (ft.) Maximum Height Maximum Floor Area Ratio Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) Parking Setback (ft.) 1 Acre 150 45’ or 4 stories, whichever is less 1.0 30 10 15 10 (2) Lots Adjacent to Residential Use Districts: The following setbacks shall apply to developments on lots adjacent to Residential Use Districts: Building Setback Adjacent to “R” Use District Parking Setback Adjacent to “R” Use District 60 feet 20 feet (Ord. Amend. 112-06, publ. 12/22/12)