09-09-10 Planning Comm. Agenda - Laserfiche WebLink

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Reason For Land Use Request Tom Nielsen - 3075 Spruce Street Property owner is applying to rezone the parcel at 3075 Spruce Street from I-P to I-1 zoning dishict. As well, apply for a conditional use permit to allow outdoor storage and storage containers up to 60% of their lot area as allowed by code. The outdoor storage will be used only by tenants occupying building space. Background - This building was built in 1985 by Mr. Nielsen. Immediately following the building completion outdoor storage was established. The property owner contends that he was always forthcoming that outdoor storage would exist on the property. However, a Conditional Use Permit was never approved for this parcel. (The zoning code adopted in 1980 required a CUP for outdoor storage.) In 1988, this parcel was rezoned from I-1 to I-P. During the City Council meeting to rezone Councilmember Fahey asks Mr. Nielson how much outdoor storage he has on his property. Mr. Nielson replies that his building covers roughly 50% of the lot with the remaining area dedicated to green space and outdoor storage. During the meeting discussions continue about how with the rezoning of said parcels there would be no change to the business as long as the property owner is not increasing the non- conformity. Mr. Nielson believed he was in compliance as he currently existed and understood he was not allowed to alter or expand the uses that existed on the site. Today with the outdoor storage licensing city staff is taking a more in depth look at the storage areas that exist. This parcel was identified as having outdoor storage, but no CUP as required by code. The challenge is that with the property rezoned to I-P the site is limited to a storage area, in combination with semi-ri•uck or ri•ailer parking as defined in Section 918.040.B of this Ordinance that does not exceed twenty-five (25) percent of the gross floor area of the principal structure or ten (10) percent of the lot area, whichever is less. That standard was changed in 2005. Previously, I-P uses were allowed outdoor storage that does not exceed seventy-five (75) percent of the gross floor area of the principal sturucture or twenty-five (25) percent of the lot area, whichever is less. This is substantially less than the I-1 zoning district which allows a storage area to occupy an area no greater than sixty (60) percent of the gross square footage of the subject parcel. The outdoor storage area has not increased over the years and is located directly behind the rear line of the building. Currently, there is a chain-liiilc fence that encloses the storage area. The applicant is requesting to be allowed to keep the chain-link fence (w/out slats) due to security concerns within Ryan Industrial Park. The zoning code in 1980 would have required a solid fence or wall consriucted from masonry, brick, wood, or steel. There was a period where within I-1 zoning that achain-link fence with slats would have been an acceptable form of screening, but that was recently amended to require a masoirry wall or fencing constructed of wood or vinyl, as well as landscaping. Metal fencing may be used where landscaping provides a complete year-round screen and is irrigated to ensure survivability in compliance with Section 903.020.F (Fences) of this Ordinance.