7.6. SR 11-21-2016 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.6
Agenda Section Meeting Date Prepared by
Public Hearin s November 21, 2016 Zack Carlton,Planning Manager
Item Description Reviewed by
City of Elk River Chris Leeseberg, Senior Planner
■ Ordinance Amendment Define Outdoor Reviewed by
Storage Cal Portner, City Administrator
Action Requested
Adopt,by motion, an ordinance amendment which adds definitions and standards for outdoor storage.
Background/Discussion
Case No. OA 16-16
The city code does not define outdoor storage, nor does it outline performance standards for approved
outdoor storage areas outside of the Business Park (BP) zoning district. Staff reviewed these concerns
and asked for direction on outdoor storage during the August 1, 2016,work session. The minutes from
that discussion are attached.
Definition
The ordinance does not include an outdoor storage definition. For examples staff looked at the Planners
Dictionary,published by the American Planning Association, and other Minnesota cities (examples are
attached). Staff recommends the following definition:
Outdoor Storage -The storage of any materials,products, or equipment outside of a principal or
accessory structure. This shall not include company vehicles used on a daily basis or enclosed trailers
parked at a loading dock.
This definition is intended to include all products and materials (finished or not),parked trailers, and
equipment. Uses which may overlap with parts of this definition, car dealerships and auto repair
businesses for example, are reviewed via the CUP process and their screening requirements will be
evaluated during that process.
Additionally, some example definitions include a timeline meant to allow for the staging of materials,
giving businesses an opportunity to temporarily store and prepare materials for transport. This option
was discussed with Council in August,but clear direction was not reached. Including a timeline allows
businesses to better use their open areas,but staff is concerned that it becomes a continual rotation of
new materials every 24, 48, 72 hours, and the long-term goal of maintaining consistently clear sites
throughout the city is not achieved. Enforcement of the requirement will also be a challenge. To provide
clarity and enforcement capabilities, staff does not recommend including a staging timeline.
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Performance Standards
Regulations specific to outdoor storage exist for the BP district,but do not apply to other zoning
districts. The standards were added in 2012 in response to a request from the community, and 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 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.
ill. 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 stored items from view by areas within the public right-of-way and
adjacent parcels. Recent applications approved by the city have included recommendations for screening,
but the screening method has varied. Recent requests have received approval for chain link fencing with
vinyl slats,while the BP standard requires metal,vinyl, or wood fencing. Staff views the screening material
and quality as an important component to achieve and maintain long-term aesthetic and community
image.
Staff has the following recommendations,which include Council direction from August 1, 2016, for
developing performance measures associated with outdoor storage:
1. Outdoor storage areas must be screened from view within the public right-of-way and adjacent
residential and commercial zoning districts. Screening does not need to be provided along
adjacent industrial districts.
2. Screening can be achieved with berms, fencing, and vegetation, as described in the BP standards
(detailed above),but the two product requirement was not finalized. Staff is comfortable with
fencing only for screening purposes,but berms and vegetation will require additional measures as
they do not create the desired opaque screen.
a. Fencing materials used for screening can include metal,vinyl wood, and chain-link fencing
with vinyl slats,but they must be maintained and replaced as needed.
3. Outdoor storage areas must be paved with an approved surface—including asphalt, concrete, or
gravel materials compacted to a dust free surface.
4. For parcel adjacent to industrial properties, the Council direction was to not require screening
along outdoor storage areas between industrially zoned parcels. Additionally, Council direction
did not require the limits of outdoor storage areas adjacent to industrial districts to be defined
beyond the edge of the approved surface. Staff recommends requiring B612 curbing,which is
consistent with the standard for defining parking areas. This will ensure the long-term goal of
containing the outdoor storage to a defined space and size. The Planning Commission agreed
with this requirement.
5. The setbacks for outdoor storage shall match the districts front yard setback, and be 10 feet from
the side and rear lines.
6. Designated parking areas, or areas striped for parking, may not be used for outdoor storage
purposes.
The adopted definition of outdoor storage will be included in Sec. 30-1. Performance standards will be
included in a new section specific to outdoor storage.
Public Hearing and Planning Commission
Prior to the Commission meeting, staff met with one resident to discuss company vehicle parking, trailers
parked at loading docks, and setbacks. All of the changes have been incorporated in the proposed
amendment.
No one spoke during the public hearing and the Planning Commission unanimously recommended
approval.
Financial Impact
Publication costs
Attachments
■ APA Definitions for Outdoor Storage
■ Council Minutes from August 1, 2016, Outdoor Storage Discussion
■ Ordinance Amendment
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.
City Council Minutes Page 4
August 1, 2016
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The Council discussed an indoor athletic facility. Council consensus was to include a
second ballot question for an indoor athletic facility with synthetic turf for an
amount not to exceed $4,000,000.
The Council also discussed reducing the dollar amount of park priority capital
projects as presented in the previous item. The Council directed the Parks and
Recreation Commission to narrow the list of park projects to $2 million for the
referendum.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve ballot question 1 for a $30,000,000 referendum for a
community center (including $2,000,000 in park improvements) and question
2 for an additional $4,000,000 for an Olympic field house. Motion carried 5-0.
8.3 Discuss Work Session Items
Mr. Portner presented the staff report.
The Council asked that a joint meeting with the School Board be scheduled after
new board member terms begin in 2017.
9.1 Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
The Council recessed at 8:19 p.m. in order to go into work session. The meeting reconvened
at 8:27 p.m.
10.1 Outdoor Storage Definition and History
Mr. Carlton presented the staff report. He explained staff’s recommendation is for
outdoor storage to be defined as all materials, equipment, vehicles, and trailers stored
outside of a building or approved outside storage area for more than 48 hours. He
noted the Council could choose to allow staging for a set timeframe. Mr. Carlton
indicated staff’s goal is to prevent non-designated areas from being used for outdoor
storage.
Staging was discussed. The Council expressed an interest in allowing staging for
more flexibility for the business. Cindy Hemmer, owner of Distinctive Iron, stated
raw material is delivered two or three times a day all of which is stored in outdoor
storage. She indicated fabricated material is staged and loaded on a trailer for delivery
so requiring seven days in between staging would be difficult for the business.
Mayor Dietz questioned what the Conditional Use Permit outlines. Annie Deckert,
the Decklan Group, indicated the storage staff is referring to is the product on the
trailers outside and doesn’t believe it is different than storing the product in enclosed
City Council Minutes Page 5
August 1, 2016
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trailers. Mr. Carlton explained the CUP dictates all outdoor materials and products
be stored within the defined outdoor storage area and that is what the CUP
enforcement addressed.
The Council discussed increasing the amount of outdoor storage for industrial.
Attorney Beck stated the maximum could be changed to 60% or 90%. He added the
amount could be changed by ordinance or by variance on a case by case basis. He
noted requiring variances would allow more flexibility. Councilmember Westgaard
expressed concern with a business having to prove hardship to obtain a variance.
Attorney Beck indicated the guidelines for hardship changed simplifying the proof of
hardship.
Council consensus was to increase the percentage of property allowed for outdoor
storage in industrial with the following specifications:
The front yard setback for the zoning district shall be followed.
Outdoor storage must be screened (fence, vegetation, or berm).
Must be screened from the right-of-way and residential/commercial
properties.
Screening from industrial zoning districts is not necessary.
No fence line is required along property lines abutting industrial districts.
The edge of an approved surface (class V, concrete, or bituminous) is
sufficient.
Designated parking areas are not included in outdoor storage areas.
The Council directed staff to meet with representatives of Distinctive Iron to discuss
options and bring back to Council if a solution cannot be agreed upon.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 11:36 p.m.
Minutes prepared by Jessica Miller.
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk
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City of
Elk -�-�
River
Ordinance 16 -
An Ordinance Amending Chapter 30 of the City of Elk River, Minnesota, City Code
of Ordinances to Define Outdoor Storage and Add Associated Performance
Standards
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1.That§ 30-01, of the City of Elk River Code of Ordinances shall be amended to add
the following definition:
Outdoor Storage -The storage of any materials,Products, or equipment outside of a principal or
accessory structure. This shall not include company vehicles used on a regular basis (near daily or
enclosed trailers parked at a loading dock.
SECTION 2.That§ 30-807, of the City of Elk River Code of Ordinances shall be added, and read
as follows:
Sec. 30-807. — Outdoor Storage
(a) Definitions. The definitions in section 30-1 are applicable in this section.
(b) Purpose. It is the intent of this section to establish regulations which allow the outdoor
storage materials within the city in a clean and safe manner. Outdoor storage areas must be
approved by the city in accordance with the standards outlined in this Chapter.
(c) Standards.
(1) Outdoor storage shall not exceed 50% of the Parcel area.
(2) Approved outdoor storage areas must be paved with an approved surface in accordance
with Sec. 30-900 (a).
(3) Outdoor storage areas shall maintain the front yard setback established for the district
where the use is located. The side and rear yard setback shall be 10 feet.
(4) Outdoor storage areas shall not be located in designated parking areas;or areas striped
for parking.
(4) Outdoor storage areas shall be completely screened from view within all public rights-of-
way and commercial or residentially zoned parcels. This requirement shall include gates
constructed of the same screening material that can be closed when not in use.
a. Screening must 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.
b. Screening shall consist of one of the two following methods.
1. A screening fence of at least six feet and constructed of one or more of the
following materials.
a. Wood.
b. Factory finished metal or vinyl panels.
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c. Chain link with vinyl slats. The slats must be maintained at all times and
must be replaced within 30 days at the request of the city.
2. An earthen berm of at least three feet in height with a mixed hedge of evergreen
and deciduous plant materials.
a. Plant materials must include a variety of shrubs, ornamental trees, and
overstory/evergreen trees. Shrubs must be at least three feet tall at the time
of installation and the plan must be approved by city staff.
b. Earthen 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.
(5) Outdoor storage areas abutting an adjacent industrial zoned parcel are not required to be
screened.
a. Where screening is not required, barrier style curb B612 shall be installed to define
the limits of the approved outdoor storage area.
SECTION 3. 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 21st day of November, 2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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