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HomeMy WebLinkAbout7A - Zoning Ord. 83-06 Amendment - Permit Recycling Facilities STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: 7A .~ JENNI TOVAR, PLANNER ,\\C.1 CONSIDER APPROVAL OF ORDINANCE 97-XX AMENDING SECTIONS 3 AND 8 OF THE ZONING ORDINANCE 83-06 TO PERMIT RECYCLING FACILITIES IN THE 1-2 ZONING DISTRICT AS A CONDITIONAL USE. FEBRUARY 3,1997 DATE: INTRODUCTION: Upon reviewing a Conditional Use Permit (CUP) application for Buckingham Disposal Inc. it became apparent there is no documentation indicating an ordinance amendment to allow recycling facilities as a conditional use in the 1-2 Zoning District was ever approved. Staff recall's the public hearing at the Planning Commission on December ll, 1995 and the minutes and packet are attached. However, when the item was brought to the City Council, there is no written record of the adoption of an ordinance amendment. Staff was, and is, under the impression that the amendment was approved, as proceedings on the CUP application for Buckingham Disposal were continued into 1996. DISCUSSION: In June of 1995, City staff became aware that Buckingham Disposal. Inc. had begun operations at its present facility at 5980 Rainbow Parkway. The firm had not obtained a certificate of occupancy. In evaluating the business, the Planning Department concluded that the use which Buckingham was making of the site was not permitted in the 1-2 zoning district. Buckingham appealed the decisions, and their appeal was denied. Staff was directed by the City Council to prepare an amendment to the Zoning Ordinance which would explicitly permit recycling uses like Buckingham's as a conditional use in the 1-2 zoning district. At the same time, Scott County had been processing a license application for Buckingham. The County was informed of the City's 16200 ~gg1I~Ce-Pe<ak"-%Je. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ISSUES: AL TERNA TIVES: 95-19CC.DOC/JKT proposed action, and that the facility would be allowed to operate during the preparation of the Ordinance revision so that the license application could proceed. The ordinance amendment was reviewed and approved by the Planning Commission on December ll, 1995. The item was tabled at the December 18, 1995 City Council meeting, and documentation indicating the ordinance was passed does not exist. However, based on recollections and actions of city staff to proceed with the Conditional Use application for Buckingham, it is presumed that the ordinance was adopted. ,Staff is bringing the ordinance amendment to the City Council to confirm approval/action for the record and perfect all procedural requirements. The amendment will then be published, and the record will be very clear. In order to not delay Buckingham in their CUP application, staff is proceeding with both items simultaneously. In preparing the attached draft ordinance, staff drew upon the Minnesota State Planning Agency's "Model Zoning Criteria for Recycling Facilities, January 1991". Because the 1-2 zoning district is a "light industrial" district, the proposed ordinance permits only "designated recycling centers" and "light processing recycling facilities". The draft ordinance also establishes standards relating to MPCA requirements for recycling facilities, screening, and hours of operation. The proposed ordinance amendment was considered by the Planning Commission at its meeting of December 11, 1995. The Planning Commission recommended approval with the clarification that outdoor storage of loose, recyclable materials would be prohibited and storage in containers would be subject to the requirements of Section 6.l0 of the Zoning Ordinance. The attached ordinance draft has been revised to clarify that language. 1. Adopt the ordinance amendment as presented, or with modifications as discussed. 2. Do not adopt the ordinance amendment as presented or modified, resulting in the delay of Buckingham Disposal to proceed with a CUP application. 2 RECOMMENDATION: ACTION REQUIRED: 95-19CC.DOC/JKT 3. Other specific action as directed by the Council. Adoption of the proposed ordinance amendment. Motion adopting Ordinance No. 97-XX Amending Title 5 of the Prior Lake City Code and Sections 3 and 8 of the Zoning Ordinance, 83-06. ReViewed~r le~anager 3 CITY OF PRIOR LAKE ORDINANCE NO. 97-XX AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE AND SECTIONS 3 AND 8 OF THE ZONING ORDINANCE, 83-06. The City Council of the City of Prior Lake does hereby ordain: Title 5 of the Prior Lake City Code and Sections 3 and 8 of the Zoning Ordinance, 83-06 are hereby amended as follows: SECTION 8 - DEFINITIONS 8.1 General: Certain words used in this Ordinance are defined and shall be interpreted as follow: RECYCLABLE MATERIALS - Materials that are separated from mixed municipal solid waste for the purpose of recycling, including, paper, glass, metals, automobile oil, batteries and other specifically allowed items. Refuse derived material or other material that is destroyed by incineration is not a recyclable material. RECYCLING FACILITY - A center for the collection, processing or repair of recyclable materials for reuse in their original form or use in manufacturing processes. Recycling facilities may include the following: Designated Recycling Center: A recycling facility which has complied with the permitting rules of the Pollution Control Agency and is open a minimum of 12 operating hours each week, 12 months each year, and accepts for recycling at least four different materials such as paper, glass, plastic, and metal. Light Processing Recycling Facility: A building or enclosed space occupying an area less than 45,000 square feet and used for the collection and processing of recyclable materials. Processing does not include end-use manufacturing or industrial use but may include the preparation of material for efficient shipment or end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, and shredding. SECTION 3 - PERMITTED AND CONDITIONAL USES 3.3 STANDARDS FOR LIGHT PROCESSING RECYCLING FACILITIES AND DESIGNATED RECYCLING CENTERS 1. Such facilities must meet Minnesota Pollution Control Agency (MPCA) requirements, or other applicable state requirements, for recycling facilities. 2. The facility does not abut a property planned, used or zoned for residential use. 3. The facility must meet the requirements for screening and landscaping contained in Section 6.l 0 of this Ordinance, and the requirements for off- street parking contained in Section 6.5 of this Ordinance. 4. Storage of recyclable materials outside a principal building, accessory building or enclosed containers is not permitted. Outdoor storage of containers for recyclable materials is subject to the screening requirements of Section 6.l0 generally, and Section 6.10(F) Parking Lot Landscape specifically. 5. If the facility is located within 500 feet of property planned, zoned or used for residential use, hours of operation shall be restricted to 9:00 a.m. to 7:00 p.m. PERMITTED USES CONDITIONAL USES 1-2 LIGHT INDUSTRIAL lO. Light Processing Recycling Facility 1l. Designated Recycling Center This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 3rd day of February, 1997. ATTEST: Mayor Published in the Prior Lake American on the _ day of , 1997. Drafted By: The City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 2 PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: IB PUBLIC HEARING TO CONSIDER AMENDMENT TO SECTIONS 3 AND 8 OF THE ZONING ORDINANCE, 83-06 R. MICHAEL LEEK, ASSOCIATE PLANNER -1L YES _NO-N/A DECEMBER 11, 1995 INTRODUCTION: The purpose of this item is to consider an amendment to Sections 3 and 8 of the Zoning Ordinance pertaining to Conditional Uses in the I2-Light Industrial District. Specifically, the proposed amendment to Section 8 defines recyclable materials and recycling facilities. The amendments to Section 3 conditionally permit "designated recycling centers" and "light processing recycling facilities". See attached draft ordinance for reference to the specific language proposed. BACKGROUND: Buckingham Disposal Inc. began operations at its present facility at 5980 Credit River Road Southeast. The firm had not obtained a certificate of occupancy. In evaluating the business, the Planning Department concluded that the use which Buckingham was making of the site was not permitted in the 12 District. Buckingham appealed the decision, and their appeal was upheld. Staff was directed by the City Council to prepare an amendment to the Zoning Ordinance which would explicitly permit recycling uses like Buckingham's as conditional uses, At the same time, Scott County had been processing a license application for Buckingham. The County was informed of the City's proposed course of action, and that the facility would be allowed to operate during the preparation of the Ordinance amendment so that the license application could proceed. In preparing the attached draft ordinance, staff drew upon the Minnesota State Planning Agency's "Model Zoning Criteria for Recycling Facilities, January 1991". 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2 DISCUSSION: Because the 12 is a "light industrial" district, the proposed ordinance permits only "designated recycling centers" and "light processing recycling facilities". The draft ordinance also establishes standards relating to MPCA requirements for recycling facilities, screening and hours of operation. AL TERNA TIVES: 1. Recommend the City Council adopt the attached Ordinance as presented or with changes as per Planning Commission discussion. 2. Continue or table this issue for specific reasons. 3. Determine that there is no need to amend Sections 3 and 8 of the Ordinance to permit recycling uses, and recommend the City Council deny the attached Ordinance. RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion and second to recommend the City Council adopt the attached Ordinance amendment to Sections 3 and 8 of the Zoning Ordinance as presented or with changes recommended by the Planning Commission. A vote to close the public hearing is required. DRAFT CITY OF PRIOR LAKE ORDINANCE NO. 95-XX AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE AND SECTIONS 3 AND 8 OF THE ZONING ORDINANCE, 83-06. The City Council of the City of Prior Lake does hereby ordain: Title 5 of the Prior Lake City Code and Sections 3 and 8 of the Zoning Ordinance, 83-06 are hereby amended as follows: SECTION 8 - DEFINITIONS 8.1 General: Certain words used in this Ordinance are defined and shall be interpreted as follow: RECYCLABLE MATERIALS - Materials that are separated from mixed municipal solid waste for the purpose of recycling. including. paper. glass. metals. automobile oil. batteries and other specifically allowed items. Refuse derived material or other material that is destroyed by incineration is not a recyclable material. RECYCLING FACILITY - A center for the collection. processing or repair of recyclable materials for reuse in their original form or use in manufacturing processes. Recycling facilities mav include the following: Designated Recycling Center: A recycling facility which has complied with the permitting rules of the Pollution Control Agency and is open a minimum of l2 operating hours each week. 12 months each year. and accepts for recycling at least four different materials such as paper. ~lass. plastic. and metal. Light Processing Recycling Facility: A building or enclosed space occupying an area less than 45.000 square feet and used for the collection and processing of recyclable materials. Processing does not include end-use manufacturing or industrial use but may include the preparation of material for efficient shipment or end-user's specifications. by such means as baling. briquetting. compacting. flattening. grinding. crushing. mechanical sorting. and shredding. SECTION 3 - PERMITTED AND CONDITIONAL USES 3.3 STANDARDS FOR LIGHT PROCESSING RECYCLING FACILITIES AND DESIGNATED RECYCLING CENTERS DRAFT l. Such facilities must meet Minnesota Pollution Control Agency (MPCA) requirements, or other applicable state requirements, for recycling facilities. 2. The facility does not abut a property planned, used or zoned for residential use. 3. The facility must meet the requirements for screening and landscaping contained in Section 6.10 of this Ordinance, and the requirements for off- street parking contained in Section 6.5 of this Ordinance. 4. Outdoor storage must be screened from view of adjacent properties and public streets. 5. If the facility is located within 500 feet of property planned, zoned or used for residential use, hours of operation shall be restricted to 9:00 a.m. to 7:00 p.m. PERMITTED USES CONDITIONAL USES 1-2 LIGHT INDUSTRIAL 10. Light Processing Recycling Facility 11. Designated Recycling Center This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _th day of ,1995. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of ,1995. Drafted By: The City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 2 Vote taken signified ayes by Loftus, V onhof, Wuellner and Kuykendall. MOTION CARRIED. ':7 l.B Public Hearing to Consider Amendment to Sections 3 and 8 of the Zoning Ordinance 83-06. The hearing was opened to the public and a sign-up sheet was circulated. Michael Leek presented the information in the Planning Report dated December ll, 1995. Comments from the public: Tom Buckingham of Buckingham Disposal said there are a couple of issues that need to be addressed. Page 2, item #4. Outdoor Storage - Mr. Buckingham's concern is the language is vague and he wants to comply with the Ordinance. He complies with the State and County regulations and he feels ifhe complies with those regulations and does not see where it complies here. The other issue is the operation has been going on for seven months at no fault to the City, but would like to get some help to expedite the Ordinance. He understands they have to go through some other processes, they will have to have deeds, drainage plans, building elevations, landscape plans, planting schemes. Mr. Buckingham stated this was an existing building and would like to get on with the business. Comments from Commissioners: V onhof: . This is fine as a conditional use in the 12 Zone. . Conditional use in the business office park? Rye: We can address this in the new Ordinance, . Understand City's view to have it zoned in the 12. Wuellner: . Leek updated Buckingham's appeal to City Council. . Understands Buckingham's concern for screening. It should be clearly defined. . Mr. Buckingham stated he does not disagree to the screening. All his outdoor material is in containers. . Neighboring business owners do not object to the screening. Loftus: . Conditional Uses can set criteria and conditions, i.e. hours of operation, storage of materials, etc. MN121195.DOC PAGE4 . Leek: Some standards should be set - County Road 2l will be a thoroughfare into the City. Standards are set across the street. We should be consistent. . Rye: Another thing to do in looking at the site plan is to delineate only that area where storage is occurring. . One of the difficulties with the issues of recycling was it did come through in a round about fashion. Normally if we had this Ordinance in place we would not have this problem. Now we are coming back and designing the Ordinance. . Supportive even if it is vague. Kuykendall: . Primary concern is for outside storage. . Support screening from the public street. . One standard to apply city-wide. . Buckingham stated none of the materials are stock piled. Everything is stored in containers. . This is a gateway to our City and the City is trying to improve its' appearance. . Landscape ordinances should apply. . Issue of facilities located 500 feet from residents, Concern is noise level. Rye stated it is the activity as much as the noise. Traffic (trucks) in and out. MOTION BY VONHOF, SECOND BY LOFTUS TO RECOMMEND TO THE CITY COUNCIL THE ADOPTION OF THE A TT ACHED ORDINANCE AMENDMENT TO SECTIONS 3 AND 8 OF THE ZONING ORDINANCE 83-6 WITH RECOMMENDED CHANGES. Rationale: Restated #4 to say "Outdoor storage of recyclable materials outside containers would not be permitted but in any event outdoor storage in containers would be subject to the landscape requirements found in 6.10." V ote taken signified ayes by V onhof, Loftus, Wuellner and Kuykendall. MaTrON CARRIED. MOTION BY VONHOF, SECOND BY WUELLNER TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Loftus, Wuellner, Vonhofand Kuykendall. MOTrON CARRIED. A recess was called at 8:35 p.m. The meeting reconvened at 8:40 p.m. l.C V A95-42 Consider Variance for Guy and Mary Selinske at 5418 Cottonwood Lane SE. Applicant proposes to modify the drive area which serves their business, American Glass. The planting area would be narrowed resulting in a side setback of the planting area which narrows to 3 feet and 5 feet, respectively. The Selinskes MNI2119S,DOC PAGES ,j