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10.1. SR 08-01-2016 Request for Action To Item Number Mayor and City Council 10.1 Agenda Section Meeting Date Prepared by Work SessionAugust 1, 2016Zack Carlton, Planning Manager Item Description Reviewed by Outdoor Storage Definition and History Cal Portner, City Administrator Reviewed by Action Requested Receive presentation and provide direction on defining outdoor storage. Background/Discussion The city is reviewing a CUP application for outdoor storage from Lake State Recycling and enforcing an outdoor storage CUP approved for Distinctive Iron in early 2015. These activities have identified some ambiguity within our ordinances. The city code does not have a definition for outdoor storage but includes a number of requirements when located within the Business Park (BP) zoning district. Staff seeks Council direction for a possible ordinance amendment. In 2012, the city received a request to expand the BP zoning district uses to allow outdoor storage. The use was added as a conditional use and that discussion provides the best direction we have at this time. The attached staff report from OA 12-04 outlines staff and the Planning Commission’s concerns. The minutes from the October 15, 2012, Council meeting discussing the ordinance amendment are also attached. The approved language is below: (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 percent of the building 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 two 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 unless otherwise approved by the city engineer. iii. A screening fence constructed of one or more of the following materials: a. Factory finished metal or vinyl panels. b. Wood. In reviewing the above requirement, and the outdoor storage standards from other communities, there is a consistent requirement to screen the items stored from view on the public right-of-way and adjacent parcels. Recent applications processed by the city have included recommendations for screening, but the screening method has varied. Businesses have requested chain link with slats while the BP standard requires metal, vinyl, or wood. Staff recommends following BP standards as the vinyl slats have the tendency to fall out or become damaged over time. They also do not provide dense screening when used without additional screening measures. The ordinance does not state the screening requirements for other districts, and staff seeks direction from the Council on this topic. Staff views the screening material and quality as an aesthetic and community image component. The other topic to be discussed is what constitutes outdoor storage. Again, the current ordinance is vague and staff looked to the Planners Dictionary, published by the American Planning Association, for sample definitions. A number of these are attached, but most are similar to the following: Outdoor Storage - The storage of any material for a period greater than 24 hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building. The storage timeline varies among definitions, allowing businesses the opportunity to temporarily stage materials for transport, but all of them limit materials and equipment (including vehicles and trailers) from being stored outside of an enclosed space. Staff’s interpretation, and current application, of outdoor storage includes any materials, products, or equipment stored outside of a building or approved outdoor storage area. Staff seeks Council direction on what should be considered outdoor storage. Again, staff views this topic as an important component of community beautification. Financial Impact None Attachments  Staff Report to the City Council Regarding Outdoor Storage dated October 15, 2012  City Council Minutes Relating to Outdoor Storage dated October 15, 2012  APA Definitions for Outdoor Storage N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-17 Alliance\SR to CC CU 12-17 Alliance OS 10-15-12.docx REQUEST FOR ACTION TO Mayor and City Council ITEM NUMBER 7.3 AGENDA SECTION Public Hearings MEETING DATE October 15, 2012 PREPARED BY Jeremy Barnhart, Planning Manager ITEM DESCRIPTION Conditional Use Permit: Alliance Machine/Bryan Provo for Outdoor Storage in the Business Park Zoning District, Case No. CU 12-17 REVIEWED By Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Staff and the Planning Commission recommend denial of the Conditional Use Permit on the grounds that the application is inconsistent with the requirements of outdoor storage in the Business Park. The Council has a number of options: 1. The Council could accept modifications to the outdoor storage proposal made by the applicant to conform to the requirements established by Ordinance. 2. The Council could return any modifications made by the applicant to the Planning Commission for review and recommendation. 3. The Council could deny the application by directing staff to prepare a Findings of Fact for denial for adoption at the November 19, 2012, City Council meeting. It is likely that the applicant will modify his proposal. BACKGROUND/DISCUSSION The development of an ordinance allowing outdoor storage is progressing though the review process (OA 12-04). The applicant was not at the Planning Commission meeting to agree to the recommendations made by the Commission; staff and the Commission felt it more appropriate to recommend denial due to the gap between what is proposed for outdoor storage and what the Commission recommends as ordinance language. Proposal The applicant proposed a 30 foot x 30 foot area enclosed by an 8 foot high black steel chain link fence. Screening is proposed with vinyl slats inserted through the fence. The area would be located adjacent to the accessory structure on the property and would house a trailer. Planning Commission comments The Planning Commission agreed with staff’s recommendation that due to the inconsistencies with the proposed ordinance, the application should be denied. Public Hearing comments No comments have been received for or against this proposal. There have been three public hearings. N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-17 Alliance\SR to CC CU 12-17 Alliance OS 10-15-12.docx FINANCIAL IMPACT None ATTACHMENTS  Planning Commission packet dated October 9, 2012. Action Motion by Second by Vote Follow Up City Council Minutes Page 3 October 15, 2012 ----------------------------- 7.2 Ordinance Amendment: City of Elk River for Outdoor Storage in the Business Park Zoning • District, Case No. OA 12-04 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. Mayor Dietz stated he felt the Planning Commission's recommendation that the area to be screened be up to 30% of the lot area was too large. He questioned what other cities were allowing for outdoor storage. Mr. Barnhart stated the Planning Commission did recommend up to 30% of the lot area, but he too felt this was too large an area. He recommended the amount of outdoor storage be no greater than 30% of the building area. He stated not all of the businesses in this district have a need to use outdoor storage, but stated that pallets, machinery, and trailers were the main items stored outdoors. He stated it's hard to compare Elk River to other communities as Elk River's Business Park is unique. He asked that Council approve the area of outdoor storage based upon how they see the original intent of the use of the Business Park zoning district. Councilmember Westgaard stated he felt this amendment was a good addition to the current ordinance and understood how certain businesses require outdoor storage. He felt screening with natural materials would be the best. Councilmember Motin stated he was not in favor of approving outdoor storage based upon • the original intent of the standards of the Business Park zoning district. He commented on the city's goal of improving beautification and felt allowing more outdoor storage would go against this goal. He requested the screening be complimentary to the color of the building itself. He also asked how the buildings with multiple tenants would be affected. Mayor Dietz stated he would be in favor of allowing up to 30% of building area for outdoor storage, and that businesses should be required to install screening of a similar color to the building. Mr. Barnhart stated the goal with the screening requirement would be to allow the businesses to make the choice in the type of screening they use, whether it was fencing or natural landscaping materials, but allow for staff and the Council to make the final approval of the materials used, or modify the business's proposal. Counselor Beck had concerns with how to handle requests from multiple tenants and multiple owners of buildings in this zoning district, and asked how Council wanted to word the ordinance amendment. After discussion, it was decided to change item 11(c) of the proposed ordinance amendment to read "30% of the building area" instead of "30% of the lot area," and to handle future requests with multiple tenants and multiple owners of building owners as necessary. It was decided that screening of the outdoor storage area shall be complimentary to the design of the building. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY • COUNCILMEMBER GUMPHREY TO APPROVE ORDINANCE AMENDMENT #12-15 FOR THE CITY OF ELK RIVER FOR OUTDOOR American Planning Association Definitions: Outdoor Storage Outdoor Storage - The storage of any material for a period greater than 24 hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building. Outdoor Storage - The keeping of personal or business property or motor vehicles in a required open parking space or any other area outside of a building for a period of time exceeding 72 consecutive hours. Outdoor Storage - The storage, collection or display for more than three consecutive days, or any part of a day for three consecutive days, of any products, materials, equipment, appliances, vehicles not in service, or personal property of any kind on an unenclosed, uncovered area. Outdoor Storage - The storage of any materials outside the principal or accessory buildings on a property. Outdoor Storage - The keeping of goods, materials, or equipment in a location not enclosed by walls and a roof. Outdoor Storage - Exterior depository, stockpiling, or safekeeping of materials, products, vehicles, trailers, and the like. Outside storage may be enclosed by a structure that includes a roof, but no side walls, in which case the structure shall be deemed outside storage; outside storage may involve fencing or screening without a roof in which case fencing or screening shall be deemed outside storage. Parking lots do not qualify for outside storage. Outside storage does not involve any product representation or signage except for those emergency or safety-related signs specifically approved by the city. Vending machines accessory to allowable uses do not constitute outside storage. The parking or storage of vehicles, equipment, and merchandise for a period of less than 96 hours does not constitute outside storage. Outdoor Storage - The short-term or long-term parking or storage of motor vehicles by employees rather than customers, equipment, products, and materials outside an enclosed building, but not for the purpose of outdoor sales display. Outdoor Storage Policy Review and Direction City of Elk *( =:,- dMi River C Y Background - History ■ 2012 Discussion on Outdoor Storage in BP ■ Limited to 30% of building area ■ Include screening ■ Vegetated, earthen, or fencing (Metal, vinyl, or wood fencing ■ Screening has not been codified for other districts, but has been required during CUP approval process ■ Fencing with slats has been approved 0 Community image/ beautification C What is outdoor storage? ■ Ordinance does not provide clear direction ■ APA and Local Ordinances are consistent with the following: ■ Exterior Storage: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. ■ Some add timeframe to allow staging (24, 48, 72 hours) 0 Need timing in between J i x y A. l� 9 z. 5 y ,j ;�� ' � �- 7N ' ry �Y. ' ���M °R; C,,� r ��,..�, R�, �. � �? f; _ � � �� .,... .. �,y� T- `�` �, �,: --- � �� .. 1� ��K '-sem '�i � � � �.a. �. .� - �..�`� �__ �►� I --- _� _ , - � -.�,J �• __. 'Jr _� ;.. . -- - ., _ - -- ,,�_ �.ti-ate,M., ,�:, .. ,. � ,_. �... 6� mem C fks What is Outdoor Storage? ■ Staff recommends ■ All materials, equipment, vehicles, and trailers stored outside of a building or approved OS area for greater than 48 hours. ■ At least 7 (?) days between staging timeframes. C 'Fl Performance Standards ■ Most communities require outdoor storage areas to be screened from ROW and adjacent properties. ■ Screening can be vegetated ■ Similar standards to Business Park screening ■ Most cities require paving or dust free (class V) surface ■ Fencing vs. containment ■ Max size (% of lot or building) ■ Curbing ■ Designated parking areas C Fls Performance Standards ■ Staff recommends ■ Limit to 30% of parcel area (not building as in BP) ■ Six foot screening from all ROW, residential, and commercially zoned parcels. ■ Barrier curb or lower fence can be used to contain, but screening as described above still required. ■ Not located in designated parking areas ■ Must be paved in accordance with ordinance C Outdoor Storage ■ Discussion and Direction ::J r —" pgplNAGE�IIINE�BEMENT < 30.77 SNOW STORAGE EASEMENT i� r^ L�S o AVmExisnncxNToausEs�c�+ ,sao ' i EXISTING BUILDING x i �c IQ, KC, HC S ¢Q, -a IQ, y�c 'r'�` s pfd• • • o 'd� FQa� T11GW-SURFA ( • a 911.5 I � c Q .h Trailer Hailer 913 o I v T' m / Trailer CL m N � tiEoc c , th s a<e �a�OV ch c C MaCe��a�s a vjeek'cO INDUSTRIaL BLVD,