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HomeMy WebLinkAboutAugust 4, 2004PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING AUGUST 4, 2004 7:00 PM The meeting was called to order at 7:00 pm by the Chair person Gary Peterson. Roll Call: Commission Members present-Peterson, Schmitt, Baker, Szurek and Fiorendino. Also present were Ellen Berkelhamer (City Planner), Shelley Hanson (Secretary), and Bobby Williams (Council Liaison). Motion by Szurek, seconded by Schmitt, to approve the minutes from the meeting of July 7, 2004. All ayes. MOTION PASSED. PUBLIC HEARINGS Case #2004-0801 Conditional Use Permit for Outdoor Storage Gerald Swan, Minnesota Petroleum 674-682 39= Avenue NE Introduction An application has been made by Gerald Swan of Minnesota Petroleum for a Conditional Use Permit to allow outdoor storage at 674-682 39"~ Avenue NE. According to Section 9.1105 of the Zoning Ordinance, outdoor storage is a conditional use in the I-2 General Industrial District. The Zoning Ordinance states that the purpose of the I-2 General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which, because of their size and/or nature, require isolation from non- industrial uses. The proposed outdoor storage, which would be accessory to a principal use, meets this description. Minnesota Petroleum is the contract purchaser of the property, which is currently owned by Lange Gas Equipment and which has signed off on the application. Minnesota Petroleum is an equipment and service company that sells maintains, and distributes petroleum handling equipment. They do not store petroleum on site or sell petroleum. Rather, they sell, maintain, distribute and install equipment such as the dispensers, pumps, small tanks, rolls of plastic piping, and vehicle hoists that are used by gas stations and similar businesses. These businesses order the items through Minnesota Petroleum and, once Minnesota Petroleum receives the items from the manufacturer, they are stored on site until such time as they can be delivered to the business that purchased them. The items are generally stored in cardboard boxes on palettes, but some times the equipment is not packaged, due to weather and other considerations. Minnesota Petroleum will also have parking for employees and their delivery trucks and related vehicles on site. This parking is a permitted use and not considered to be part of the outdoor storage. PLANNING & ZONING COMMISSION PAGE 2 AUGUST 4, 2004 MINUTES Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates the property for industrial use, which promotes industrial development such as what is proposed. Consistency with Zoning Ordinance The Zoning Map classifies the property as I-2 General Industrial. Outdoor storage is allowed in this zoning district by Conditional Use Permit per Section 9.1105 of the Zoning Ordinance. Section 9.612 of the Zoning Ordinance requires that outdoor storage uses have one parking space per every 3,000 sq. ft. of storage area. The proposed outdoor storage site is 37,300 sq. ft. in area, which requires 12 parking spaces on site. The site plan shows that there are 26 conforming parking spaces provided on site, both outside and inside the buildings. Section 9. 701 of the Zoning Ordinance provides the following development standards for Outdoor Storage: · The outdoor storage area shall be accessory to a commercial or industrial use. The proposed outdoor storage at Minnesota Petroleum is an accessory use to the business. · Outdoor storage within the public right-of-way is prohibited. There will be no outdoor storage within the public right-of-way, as shown on the site plan.' All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The outdoor storage meets the Setbacks required for principal structures in the I-2 District, as shown on the site plan. The setback from the side yard is 12 ft. and the setback from the rear yard (38~ Avenue) is shown to be 24 ft. It should be noted that technically the property is a "through lot," meaning it has frontage on two public streets, so the minimum required setback along 38~ Avenue is only 20 ft as it is considered a "front yard." Setbacks for parking spaces to the side property line are shown to be 5 ft, as required in the Zoning Ordinance. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. The outdoor storage area begins about 40 ft. from the rear of the principal structure, as shown on the site plan. The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no lesS than six (6) feet in height and no less than 80% opaque on a year around basis. The property is currently surrounded by a 6 ft. high fence. Minnesota Petroleum will add an opaque facing to the fence along the right-of-ways at both 39e Avenue NE and 38e Avenue NE so that the outdoor storage will not be visible from the view of the public right-of-way, as shown on the accompanying site photographs. PLANNING & ZONING COMMISSION MINUTES PAGE 3 AUGUST 4, 2004 All goods, materials and equipment shall be stored on an impervious surface. The site to be used for outdoor storage is currently paved. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. The Fire Department requires that the storage area be maintained with aisle ways so that they may have access to all parts of the storage area. Also, the Fire Department requires that the business install a key lock box on the building to provide keys for access to yard gates and all areas of the building and fire alarm/sprinkler system. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. The height of the existing fencing at the property is 6 ft. The maximum height of some of the materials to be stored on site will be approximately 8 ft., but these items will be required to be stored in the area closest to and behind the back of the principal structure so that visibility from the public right-of-way is minimized. Findings of Fact The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator: Outdoor Storage is a Conditional Use in the I-2 General Industrial District. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject properly for industrial use. Outdoor storage provides additional storage options the industrial properties in the I-2 General Industrial District. The use will not impose hazards or disturbing influences on neighboring properties: The outdoor storage will be setback from adjacent property lines in accordance with the standards of the Zoning Ordinance and therefore 'should not have any detrimental impact on neighboring properties. The use will not substantially diminish the use of property in the immediate vicinity: The outdoor storage as proposed will have no impact on the use of adjacent properties, all of which are zoned for industrial use. o The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area: The outdoor storage as proposed should not negatively impact the existing character of the vicinity. Other uses in the I-2 District currently store vehicles and equipment outdoors. The outdoor storage operation will be compatible with the surrounding area. o The use and property upon which the use is located are adequately served by essential public facilities and services: The property is currently served by adequate public roadways and necessary utilities. PLANNING & ZONING COMMISSION MINUTES PAGE 4 AUGUST 4, 2004 Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic: The traffic generated by the outdoor storage area will be limited to the delivery and transport of stored equipment and the site is significantly large to handle these traffic movements. The Fire Department requires that the storage area be maintained with aisle ways so that they may have access to all parts of the storage area. o The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the outdoor storage should not have a negative impact on other uses in the immediate vicinity, which are all zoned for industrial use. The use complies with all other applicable regulations for the district in Which it is located: As determined by staff, the use complies with the applicable regulations of the I-2 General Industrial District. Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for outdoor storage subject to conditionS of approval outlined below. *Szurek questioned who would be monitoring the length of the fence screening if additional storage is added in the future. Berkelhamer said it is not inspected On a regular basis as Conditional Use Permits are not renewed annually. However, if a complaint was received, an inspection to ensure compliance would be done. *Gerald Swan owner of this business said he will be replacing some of the existing fencing before adding the opaque slats. He was asked approximately what this will cost him, and he responded about $6,000-$8,000. *Peterson said he felt the items that will stored at this business will be better than what was there when Lange Tank had control of the property. *Schmitt said other properties in the area don't have this screening. What is the criteria when screening is needed and when it isn't. Berkelhamer stated that if Commercial/Industrial properties are next to each other, screening is not required unless there is outdoor storage at the site. However, if the business is adjacent to a residential property it should have the opaque screening. *Hugh Berhands from 700 39th Ave didn't know who his new business neighbor was, so he came to welcome him to Columbia Heights. Peterson closed the Public Hearing. Motion by Szurek, seconded by Baker, to recommend the City Council approve the Conditional Use Permit for outdoor storage at 674-682 39~ Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. The fencing along 39~ Avenue and 38~ Avenue shall be made at least 80percent opaque. 3. Any materials greater than 6 ft. in height must be stored in the area closet to and behind the principal structure so that visibility of storage is minimized from the public rights-of-way. Typical maximum height of materials to be stored when in crates and on palettes shall be approximately 8ft. 4. The Fire Department requires that the storage area be maintained with aisle ways so that they may have access to all parts of the storage area. The Fire Department does not allow any storage to exceed 20 ft. PLANNING & ZONING COMMISSION MINUTES PAGE 5 JULY 7, 2004 5. The Fire Department requires that the business install an approved key lock box on the building per Fire Department policy to provide keys for access to all areas of the buildings, §re alarm/sprinkler system, and yard gates. 6. All weeds shall be removed and area must be maintained in accordance with City Code. 7. The 80%Opaque screening must be added to side yard fencing before additional storage area is expanded in the future. All ayes. MOT/ON PASSED. " NEW BUSZNE$$ Huset Park Tndustrial Area TIF Plan On July 7, 2004, the Planning & Zoning Commission conducted a public hearing to consider a Comprehensive Plan amendment to change the land use designation of the Industrial Park area from Industrial to Transit Oriented Development. The Planning and Zoning Commission voted unanimously to recommend that the City Council amend the Comprehensive Plan. This action was part of an overall planning process for the Industrial Park properties. As part of the same process, the City Council will be considering a proposal to modify the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and to establish the Huset Park Tax Increment Financing (TIF) District, a renewal and renovation tax increment financing district. The City Council is scheduled to open a public hearing regarding the TIF Plan on August 9, 2004. As dictated by MN State Statutes, the Planning Commission is required to review the TIF District modification plans to determine that they conform with the general plans for development and redevelopment of the City as described in the City Comprehensive Plan. (Members of the Planning Commission will recall that they took the same action regarding the Kmart TIF District in 2003.) As shown in Appendix A, B, and C, the TIF Plan conforms to the Comprehensive Plan, as proposed to be amended. Recommendation Staff recommends that the Planning Commission adopt Resolution 2004-01, as the TIF District modification conforms to the City Comprehensive Plan, as amended by the Comprehensive Plan amendment. Fiorendino asked what justifies whether it conforms to the Comprehensive Plan. Berkelhamer explained that the proposal to amend the Comprehensive Plan's land use from Industrial to Transit Oriented would make this a conforming Plan. Motion by Baker, seconded by Fiorendino, to adopt Resolution 2004-01, finding that the TIF Plans conform to the City Comprehensive Plan, as amended by the Comprehensive Plan amendment. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 7 AUGUST 4, 2004 RESCHEDULE MEETINGS We must reschedule the September Meeting Date due to the Labor Day Holiday and City Council Work Session and the November Meeting Date due to Election Day. The new meeting dates will be September 8, 2004 at 6:30 pm for training and 7:00 pm for the regular meeting and November 3, 2004, at 7:00 pm. MISCELLANEOUS Fiorendino asked whether there was going to be a work session regarding rental property issues as requested by the City Council. Berkelhamer responded that the Fire Dept. is currently working on this project and will provide information to the Planning & Zoning Commission at a later time. Motion by Peterson, seconded by Schmitt, to adjourn the meeting at 7:45 pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary