Loading...
PL 07/17/2002 - 00024745CITY OF FRIDLEY PLANNING COMMISSION MEETING. JULY 17, 2002 CALL TO ORDER: Vice-Chairperson Kondrick called the July 17, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dean Saba, Barb Johns, LeRoy Oquist, Brad Dunham, Dave Kondrick Members Absent: Larry Kuechle, Diane Savage. Others Present: Scott Hickok, Community Development Director Darwin Voigt, 6750 Main St., Fridley APPROVE THE APRIL 17, 2002, PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Oquist, seconded by Ms. Johns, to approve the April 17, 2002, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Zoning Text Amendment, ZTA #02-01, by the City of Fridley, to repeal and replace sections of Chapters 205.17, 205.18, 205.19, 205.20, and 205.25, relating to outdoor storage in the M1, M2, M3, M4, & S3 Industrial Districts. MOTION by Mr. Saba, seconded by Ms. Johns, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Mr. Hickok stated that this ordinance amendment relates to the outdoor storage in the industrial districts. Staff is requesting consideration of changing code requirements related to the number of industrial property owners that are illegally storing goods outdoors. Systematic code enforcement in late 2001 revealed this problem with numerous industrial property owners. Staff determined that the City ordinance should be reviewed. This year's Council Commission survey sought input from the Commissions and the City Council on this issue. Survey results showed that there was support for drafting new legislation that would allow some outdoor storage subject to screening requirements and obtaining a special use permit. The survey responses were verified at a joint meeting earlier this year on April 15. In developing the proposed ordinance, staff examined several different options based on other cities' regulations on outdoor storage. Mr. Hickok stated that: ■ Blaine has limited outdoor storage allowed with a conditional use permit, the equivalent of our special use permit, limited to a maximum of 50% of the total building footprint and must be fully screened from any public right-of-way with a maximum of 12 feet in height. PLANNING COMMISSION MEETING. JULY 17. 2002 PAGE 2 ■ Brooklyn Park's outdoor storage is allowed through a conditional use permit in the heavy and general commercial districts. Outdoor storage is not allowed in light industrial districts. ■ Columbia Heights' outdoor storage is allowed as an accessory in the commercial or industrial commercial districts. It must be located in the side or rear yard and screened from adjacent uses or the public right-of-way. ■ Coon Rapids' outdoor storage is allowed in the industrial districts and must be located in the side or rear yard and screened where practical. ■ Inver Grove Heights' outdoor storage is allowed through a conditional use permit and must be screened from residential properties. ■ Mounds View's outdoor storage is allowed through a conditional use permit in its industrial districts and must be screened from the public right-of-way in the light industrial districts. However, there are no requirements for screening in the heavy industrial districts. ■ Osseo allows outdoor storage through a conditional use permit in its industrial district and highway commercial district. It must be fully screened from adjoining properties. ■ Bloomington allows outdoor storage through a conditional use permit and its special limited and special general industrial districts. It is limited to an area not larger than 50% of the ground coverage of the principal building and must be located in the side or rear yard not abutting a public street. Mr. Hickok stated that Fridley's current regulations allow outdoor storage in the M1, M2, M4, and S3 zoning districts through a special use permit process. If the items being stored are incidental to the business, and if the items being stored are not, it has other consequences. Incidental storage means that the storage is temporary in nature. and short term storage is not required as an on-going part of the business. The confusion is that defining temporary and determining whether or not the item is required as part of the business. It becomes cumbersome and difficult for inspection by staff. The ordinance proposed would allow up to 50% of the footprint of the principal building. Mr. Oquist asked if the building was split into 5/10 and is 2,000 sq. feet, is each tenant allowed 50% of 2,000? Mr. Hickok stated that at no point could the outdoor storage area exceed the 50% mark of the overall building, and it is really up to the building management to determine if someone gets all of those uses, or if it is broken up equally among the tenants. Mr. Hickok stated that, currently, that is storage of materials equipment, or motor vehicles incidental to the principal operation or use except under the following conditions: 1. Motor vehicle storage is conducted as provided in Section 205.1707. One of the City's least favorite ways to draft an ordinance is to keep sending folks to another direction. 2. Materials, motor vehicles, and equipment are kept in a building or fully screened so as not to be visible from residential district or residential district across form a public right-of-way, and a public park adjacent to the use for public right-of-way adjacent to the use. 3. Materials, motor vehicles, and equipment stored outside do not exceed 15 feet in height and screening materials are provided as in another section. Mr. Hickok stated staff believes there is a cleaner way of doing this, and the amendment proposed integrates this language into a new ordinance format that makes it better for the user and better for staff to interpret and enforce. In the light industrial district, uses permitted with a special use permit would be adding language saying that limited outdoor storage shall satisfy the following requirements and other stipulations being necessary due to site conditions: A. Outdoor storage area is limited to a maximum size equal to 50% of the principal building. This area must be designated on the site plan submitted with the special use permit PLANNING COMMISSION MEETING. JULY 17. 2002 PAGE 3 application and must be located in the side or rear yard with the materials and equipment kept in the designated outdoor storage area and must be fully screened so not to be visible from a residential district adjacent to the use, a residential district across from the public right-of-way, and public park adjacent to the use, a public right-of-way including railroad right-of-way adjacent to the use or any commercial use adjacent to the use. Screening of the outdoor storage area shall be achieved through a combination of masonary walls, fencing, berming, and landscaping in accordance with. That is sent to another section but is universal to all of the sections so that they can see that there is a uniform standard. The materials and equipment stored outside must not exceed 12 feet in height. Outdoor storage area must be City approved hard surface and bound on the perimeter by concrete, curb, and gutter. The special use permit of limited outdoor storage shall not permit the outdoor storage of semi trucks, semi trailers, or heavy construction equipment. Hazardous chemicals and materials are prohibited for being stored outside, the outdoor storage shall not effect the required amount of parking stalls needed on this site, the location and types of materials to be stored are to be reviewed by the Fire Marshall. Mr. Hickok stated that the language is the same in 205.18. Section 205.19 is regarding the M-3 district. The M-3 district is a little different, because in 1993 when it was created, there were some discussions about the need for outdoor fences in the industrial district. The M-1 and M-2 districts allow outdoor storage that is incidental to the principal use, basically saying that if it is required, you better build a building around it. The M-3 district language required a special use permit if they had incidental outdoor storage. If they had required outdoor storage they could do it by right. That was not the intent of staff and Council, but staff decided it was not exactly as it was meant to be designed or enforced. Mr. Hickok stated staff is asking that M-3 require the outdoor storage of materials, motor vehicles, or equipment including the outdoor manipulation of materials and motor vehicles equipment under the following conditions. ■ The materials and equipment must be fully screened so not to be visible from the residential district to the use of the residential district across form a public right-of-way, a public park adjacent to the use, a public right-of-way including railroad right-of-way and any commercial use adjacent to the use. ■ The screening of outdoor storage shall be achieved through a combination of materials and equipment stored outside must not exceed 15 feet in that district. ■ Outdoor storage of motorized vehicles must be on City-approved hard surface, curb, concrete, and gutter. ■ Hazardous chemicals are prohibited for being outside and the location of the types of materials to be stored are to be reviewed and approved by the Fire Marshall. ■ Telecommunications towers and wireless telecommunications facilities are to be still with a special use permit. Mr. Hickok stated Section 205.20, Manufacturing Only, is a district created in 1997 with rapid industrial development. Uses with the special use permit would be allowed limited outdoor storage and that language will look the same. To satisfy the following requirements, 50% of the principal footprint of the building and through a special use permit with all of the screening requirements adjacent to the uses that you have seen. Outside materials and equipment shall not exceed 12 feet and should be on a hard surface surrounded by concrete, curb, and gutter. The special use permit for outdoor storage shall not permit semi-trucks, semi-trailers, or heavy construction equipment. It will not allow hazardous chemicals or materials and the outdoor storage shall not effect the required amount of parking needed and materials stored outside shall be reviewed and approved by the Fire Marshall. Mr. Hickok stated that in 205.25, the S-3, Heavy Industrial District, was an overlay done after the creation of the M-4 district. That district would be allowed to do the outdoor storage with the PLANNING COMMISSION MEETING, JULY 17, 2002 PAGE 4 language you have seen with no other changes. Staff recommends approval of the proposed changes. The proposed changes will allow Fridley to let industries have some outdoor storage with conditions while not being detrimental to the surrounding properties. This item will go to Council on July 29, 2002. Ms. Johns asked what happens to properties that already have outdoor storage. Mr. Hickok stated that their history will be looked at and whether there was a special use permit. If it has evolved over time with no special grandfathered right, they would need to go through the special use permit process. Mr. Saba asked if there were a lot of properties in violation of this. Mr. Hickok stated that about 40% of businesses are in violation of this. Mr. Dunham asked if the new 50% rule would be enough room for most of them. Mr. Hickok stated there will be some industries that have well over that amount, and it will be a hardship for them to bring back into compliance. Presently, however, the sites do not look good and do not present the image the City would like in the industrial districts. Mr. Oquist stated that some outdoor storage is located across the street from the businesses. How does that apply to the 50%? Mr. Hickok stated that is a good question. There may be possible termination of use there. Unfortunately, that happens with people buying property without investigating the use codes. Mr. Saba asked how much time they would need to comply. Mr. Hickok stated that six months is a reasonable amount of time for them to come in with their survey and application for the special use permit, plans that will highlight the new curb and gutter asphalt area, and how they could make the site function within the language here. Staff would then give them another six months to actually make the changes. Darwin Voigt, 6750 Main Street, stated that he is wondering how this will affect his business and the outside storage of buses. They put in a retaining wall because of the view from the residential area for screening. On the other side is the railroad track. The property on Osborne is screened also. Mr. Hickok stated that the site has buses coming in and out and like an M-1 or M-2 industrial use where trucks come in and out on a daily rotation basis. They sit behind the building for cleaning and re-fueling or service. Staff does not see this as an outdoor storage as much as a typical service use for equipment that is coming in and out of the site. It is more incidental and behind the building in the rear yard with a screening fence. That should have been in an M-3 district due to the height of the buses. The Fridley Bus Company site is in compliance from that perspective and would not need to change. The other site could be within screening requirements also. He would hesitate to give an answer for sure, but staff can take at the properties for further review. Mr. Voigt asked if special use permits, once granted. last for as long as you own the property. Mr. Hickok stated that it generally runs with the land but also is reviewed on a regular basis and can be revoked for misuse. PLANNING COMMISSION MEETING. JULY 17. 2002 PAGE 5 Mr. Voigt stated that used parts (or junk) vehicles are being cleaned up by the City on certain properties. He continued by stating that these types of eyesores should be put into the ordinance to help clean up some of those sites that store such vehicles. Mr. Oquist stated that on Osborne Road the 12-foot vehicles are not exactly being stored so the 12-foot rule does not necessarily apply. Mr. Hickok stated that it is only items being stored. There is one benefit here that other industries might enjoy also with how the site is laid out. The buses are on the south side of the building and not close to the fence and yard. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:02 P.M. Mr. Oquist stated that he is in favor of the proposed changes. This is a good way to pin it down. It is a good idea to consider Mr. Voigt's proposed addition of language also. Mr. Hickok stated that it is correct. MOTION by Mr. Oquist, seconded by Ms. Johns, to recommend approval of ZTA #02-01. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. RECEIVE THE MINUTES OF THE APRIL 8, 2002, PARKS & RECREATION COMMISSION MEETING: MOTION by Mr. Dunham, seconded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE APRIL 16, 2002, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Ms. Johns, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE APRIL 10, 2002, APPEALS COMMISSION MEETING: MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APRIL 4, 2002 HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the minutes. PLANNING COMMISSION MEETING. JULY 17. 2002 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE MAY 2, 2002, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE JUNE 6, 2002, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok stated Stacy Stromberg, Planner, and her husband, Benji, recently had a baby boy, Bailey Stromberg on July 5. The baby had reversed arteries in the heart, but was operated on and now is doing fine. Staff congratulated Stacy and Benji on their new arrival. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE JULY 17, 2002, PLANNING COMMISSION WAS ADJOURNED AT 8:22 P.M. Respectfully submitted, Signe L. Johnson Recording Secretary