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7.2. SR 10-15-2012 itfkREQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 7.2 AGENDA SECTION MEETING DATE PREPARED BY Public Hearings October 15,2012 Jeremy Barnhart,Planning Manager ITEM DESCRIPTION REVIEWED By Ordinance Amendment: City of Elk River for Outdoor Storage Cal Portner, City Administrator in the Business Park Zoning District, Case No. OA 12-04 REVIEWED BY ACTION REQUESTED Staff and the Planning Commission recommend adoption of the ordinance as drafted,allowing outdoor storage as a conditional use permit in the Business Park zoning district. BACKGROUND/DISCUSSION The city was approached by a business owner in the Business Park Zoning District for permission to construct a fenced-in outdoor storage area. Outdoor storage is not permitted in the Business Park District. After a review of properties within the Business Park District,it was noted that several,but not all, manufacturing businesses store materials outside. Most common items include pallets,racks,material, and trailers. Recognizing that outdoor storage (defined for discussion as the storage of equipment and materials directly related to or the result of permitted operations) is a frequent by-product of the manufacturing process,a desirable use in the Business Park, staff developed an ordinance that allows outdoor storage as a conditional use permit,with screening requirements. The Planning Commission added a maximum of 30% of the lot area. Commissioners directed staff to review the ordinances of other communities to gauge their requirements. The comparisons between communities are not always helpful. In the Business Park District,the city is attempting to elevate the conditions in the area beyond the standard pure industrial district. Most communities do not have a Business Park Zoning District. Many cities (Maple Grove,Plymouth,Anoka, Rogers) allow outside storage in their industrial areas,with a fencing or screening requirement. Approval for outdoor storage appears to occur through a conditional use permit. Staff has not been able to identify a maximum area permitted, other than keeping these storage areas outside of the required setback areas. 30% (suggested by the Planning Commission) is a large area. On Mr. Provo's 2.89 acre lot,he could conceivably host almost 37,900 feet of outdoor storage. Planning Commission comments The Planning Commission discussed this issue at length during their meeting on October 9,2012. Commissioners were asked to determine if outdoor storage was appropriate, and if so, could the negative impacts be mitigated through conditions. Commissioners reviewed the goal of the district,which is to establish an area for job and tax base growth. POWERED eY N:\Departments\Community Development\Planning\Case Files\O4\OA 12-04 Outdoor Storage in BP SR to CC OA 12- NATURE" 04 Outdoor storage in BP 10-15-12.docx Ultimately recommending approval 4-1 (Westberg voted no,Johnson was absent),the Commissioners discussed: • Their concern with the storage area turning into a junkyard • The storage of items higher than 8 feet • Limiting the amount of outdoor storage to 30%of the lot area • Requiring screening, consisting of two of landscaping,berming,or solid fencing Commissioners felt that outdoor storage should be allowed,if only to accommodate a growing business in infrequent situations. If businesses required outdoor storage as part of their normal operations, perhaps these businesses are more appropriate in the industrial zones. Public Hearing comments Prior to the meeting,Bryan Provo (the original applicant) commented on the need for the outdoor storage for security,and that industrial users need outdoor storage or they will relocate. There was no one at the meeting,although staff sent a letter to each property owner in the business park areas inviting them to the Planning Commission meeting. The public hearing notice was published as required in the Star News. FINANCIAL IMPACT None ATTACHMENTS • Draft Ordinance Amending Section 30-1294,Business Park Zoning District of the Elk River, Minnesota, Code of Ordinances • Planning Commission packet dated October 9,2012 Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Planning\Case Files\OA\OA 12-04 Outdoor Storage in BP\SR to CC OA 12-04 Outdoor storage in BP 10-15-12.docx to be removed Underlines to be added ORDINANCE 12- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-1294, BUSINESS PARK ZONING DISTRICT OF THE ELK RIVER, MINNESOTA, CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 30-1294 of the City of Elk River Code of Ordinances subsection (d) titled conditional uses shall be amended to add (11) to read as follows: (11) Outdoor storage.provided the storage area: a. is accessory to a principal permitted or conditional use, and b. complies with the accessory structure setback requirement applicable to the property, and c. is no larger than 30% of the lot area,and d. includes screening so as to provide a visual barrier.Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened,but is not required to totally block the vision of any such object. 1. Screening shall consist of two or more of the following: i. a compact evergreen or deciduous hedge or evergreen, overstory and ornamental trees of sufficient width and density, or a. Hedge material must be at least three feet in height. b. Deciduous trees must be at least 2 inches in diameter as measured six inches above the ground. c. Coniferous trees must be at least six feet in height. ii. an earth berm of sufficient height to provide an effective screen throughout the year, or a. Earth berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way n:\departments\community development\planning\case files\oa\oa 12-04 outdoor storage in by\oa 12-04 outdoor storage in bp ordinance 10-12.doc unless otherwise approved by the city engineer. a screening fence constructed of one or more of the following materials: a. Factory finished metal or vinyl panels b.Wood Section 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 15th day of October, 2012. John J. Dietz,Mayor ATTEST: Tina Allard,City Clerk El REQUEST FOR ACTION River To ITEM NUMBER Planning Commission 4.1 AGENDA SECTION MEETING DATE PREPARED BY Planning October 9,2012 Jeremy Barnhart,Planning Manager ITEM DESCRIPTION REVIEWED By Request by City of Elk River for Ordinance Amendment Relating to Outdoor Storage in the Business Park Zoning REVIEWED BY District,Public Hearing- Case No. OA 12-04 ACTION REQUESTED Staff recommends adoption of the ordinance as drafted,allowing outdoor storage as a conditional use permit in the Business Park zoning district. OVERVIEW The City has been approached by a business owner in the Business Park zoning district with a desire to secure an area of his property for outdoor storage,to store equipment and some supplies, accessory to an existing permitted use. Outdoor storage is not permitted in the Business Park zoning district,though it is permitted in the I-1 and I-3 industrial zones. To allow outdoor storage,the ordinance must be amended. Staff is proposing a change that would allow it as a conditional use,and with specific design criteria intended to minimize the negative impacts outdoor storage areas bring. BACKGROUND/PRECEDENT The Business Park zoning district was originally envisioned as a higher quality development district, intended to draw high concentrations of employment and manufacturing to Elk River. There is approximately 400 acres of business park zoned property,about 140 is undeveloped. Higher quality was achieved through the adoption of design standards employing high gialitybuilding materials,location of overhead doors,and landscaping,and through the lack of accessory structures and outdoor storage. Part of the challenge with outdoor storage is the screening. While ground level screening can be relatively easy to achieve,the business park district envisions higher density offices in addition to the manufacturing uses. Screening from multi-level buildings will be challenging and could affect the character of the neighborhood. Not considered as outdoor storage during the conditional use permit for Abra Collision,the storage of damaged cars was to occur within an 8 foot fenced enclosure. The fence was to be 100% opaque and constructed of factory finished metal or vinyl. The business park zoning district was amended in 2007 to allow accessory structures. (OA 07-07) [POWERED DY NATURE Case File:OA 12-04 Outdoor storage in business park Page 2 A site inspection of the Business Park areas does show some instances of outdoor storage,although not a wide spread use. Storage consisted of pallets, crates,trailers, and racking. A race-type car is behind one building. The attached pictures show the use as of October 1St ANALYSIS Options The Planning Commission and the Council have a number of options if they choose to allow outdoor storage. If the Planning Commission and City Council feel that the negative impacts associated with outdoor storage cannot be mitigated through screening requirements, the should not amend the ordinance. Staff will continue to enforce the ordinance as currently written. The options identified range from requiring a fenced in yard (chain-link) to a full screening fence (100%) with a paved surface,landscaping. Allowing basic chain-link would seem to undermine the design intent of the district. Requiring a hard surface area seems to serve as a deterrent to the creation of outdoor storage lots, especially when the City allows compacted class IV as an approved surface, due to the cost for this type of improvement. Staff's draft ordinance allows outdoor storage,with screening to form a visual barrier. The screening can be a hedge,trees,berm, or a screening fence. The area must be setback from the property lines 10 feet side and rear, 30 feet from the front. Any outdoor storage area is proposed as a conditional use permit, which will require two public hearings. If the Planning Commission and City Council feel that the screening requirements are adequate,they could remove the requirement to obtain a conditional use permit. ATTACHMENTS • Existing outdoor storage photos Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Planning\Case Files\OA\OA 12-04 Outdoor Storage in BP\SR to PC OA 12-04 Outdoor storage in BP 10-9-12.docx ,e 717 tr• ( WI 10.02.2012 08: 11 1. 4111., • '1\ Jta. irow--111,1114t 2°1-- 2. IP • 3. v...... sV*4;11444 0 02 2012 08' 15 4. xi s N -k j 'r. a`" ,., 8 t i.' i t -- — 11 _- _-. 5. ------...-------4 a'I !� _ +. . 77,.. . :: , _. . . ,,...., , ,.. .. _ I Li_ , 9 iikt', „ . , •, , t r 6.