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HomeMy WebLinkAbout04-25-07 Council Workshop MinutesMINUTES OF THE WORKSHOP MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA APRIL 25, 2007 Pursuant to due call and notice thereof a workshop meeting of the City Council of Little Canada, Minnesota was convened on the 25th day of April, 2007 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Mayor Bill Blesener called the meeting to order at 6:00 p.m. and the following members of the City Council were present at roll call: CITY COUNCIL: Mayor Mr. Bill Blesener Council Member Ms. Barbara Allan Council Member Mr. Michael McGraw Council Member Mr. Rick Montour ABSENT: Council Member Mr. Jon Keis ALSO PRESENT: City Administrator Mr. Joel R. Hanson City Planner Mr. Steve Grittman Code Enf. Officer Ms. Jessica Jagoe Planning Comm. Mr. Dan Knudsen Planning Comm. Mr. Scott Barraclough Planning Comm. Mr. Tom Duray Planning Comm. Mr. Jon Hall Planning Comm. Mr. Jeff Helmeke Planning Comm. Mr. Chuck Pechmann Planning Comm. Ms. Katie Socha City Clerk Ms. Kathy Glanzer OUTDOOR The purpose of tonight's workshop is to conduct a study on outdoor STORAGE storage uses in the City of Little Canada, specifically the I-1, I-2, and I-P Zoning Districts. The City Planner began with a detailed review of his outdoor storage report prepared for this evening's workshop. The report introduced basic background on zoning and land use regulation. It was noted that zoning is an implementation tool of the City's land use policies as outlined in the Comprehensive Plan. As part of those land use policies, the City has the discretion to allow or not allow outdoor storage as a land use. The Planner also clarified that storage is a different use from parking. The Planner defined storage as the accumulation of equipment or materials for sale, use on site, or shipping to other locations. Parking is the temporary occupancy of a space by a motor vehicle, the purpose of that motor vehicle being transportation. MINUTES CITY COUNCIL APRIL 25, 2007 The Planner then provided a summary of how outdoor storage is addressed in the Light Industrial (I-1) District, Industrial Park (I-P) District, as well as the City's commercial and residential districts. Montour asked if a Conditional Use Permit was a property right that could be phased out. The City Planner indicated that a CUP runs with the land and stays in effect as long as the property owner complies with the conditions of the CUP. Allan noted that the use must remain the same for the CUP to stay in effect. The Planner replied that that was true, but noted that a lot is depending on how specific the CUP is. Blesener asked how long does a use have to be discontinued before a CUP will lapse. It was noted that State Statute required a lapse of one year. Montour noted the clause that allows the storage of recreational equipment and vehicles in the commercial districts. Montour asked if this would allow a business owner to store a friend's RV on the business property. The Planner replied that it would. Duray noted past discussion about incorporating similar outdoor storage limits found in the I-P District in the I-1 District. The Planner indicated that this will be part of the discussion this evening. Montour asked about having the same outdoor storage regulations in both districts. The City Planner indicated that at one time the I-1 District was the City's only industrial district, and outdoor storage was a permitted use as well as a principal use. The Zoning Ordinance was amended making outdoor storage an accessory use requiring a CUP. When the I-P District was added, outdoor storage was allowed as an accessory use requiring a CUP subject to additional restrictions. The City Planner then reviewed the issues with outdoor storage as outlined in his report. These are as follows: a. Visibility and unsightliness; b. Screening options; c. Security issues; d. Height; e. Access lanes/density; £ Relationship to building area (rental and owner occupied); g. Enforcement issues; h. Indoor versus outdoor storage. The City Planner indicated that the next step is to discuss what the City's goals are for outdoor storage. What type of outdoor storage is acceptable, and where would it be allowed? Blesener felt that outdoor storage should be strictly an accessory use specific to the business and require a Conditional Use Permit. Blesener 2 MINUTES CITY COUNCIL APRIL 25, 2007 felt that storing of recreational vehicles for friends should not qualify as an outdoor storage use. Duray asked if it should be the City's long-term goal to eliminate outdoor storage completely, or should the goal be to allow it to continue under tighter regulations. Blesener felt that the businesses in Ryan Industrial park need outdoor storage. He suggested that it will be many years before the existing buildings are redeveloped. Blesener suggested that outdoor storage be handled as an interim use rather than a CUP which runs with the land. McGraw felt that the outdoor storage use should be eliminated from the Code, as he felt that no matter what additional restrictions the City puts in the Code, outdoor storage will never be conducted in a satisfactory manner. McGraw felt that businesses requiring outdoor storage will always be pushing the envelope, and will continue to tax the City's staff and resources. McGraw suggested that efforts continue to bring existing CUP's into compliance. Those would then be grandfathered in until the use is discontinued. Allan stated that she would like to see outdoor storage uses either gone or greatly reduced over a specific period of time, i.e. ten years. The Planner indicated that the City is not obligated to allow outdoor storage and could eliminate it from the Code and refuse to issue new CUP's as businesses turn over. Those businesses with legally established outdoor storage could see their CUP's revoked if they are not in compliance with the conditions of the CUP. The City Planner felt that if the goal is to eliminate outdoor storage, then the Code should be written in that way and a strategy developed for reaching that goal. He indicated that it will be a gradual event as businesses change over time. Helmeke noted that the businesses that require outdoor storage will likely look for other cities to locate in. Montour pointed out that there are a lot of businesses in the City that have outdoor storage and do a good job with it. Montour felt that the outdoor regulations should be tightened and felt that eliminating the use within 10 years was too tough a stance. Allan noted that the legally established outdoor storage uses would be grandfathered in. Allan noted that new businesses coming into the City that have storage needs would be able to build a building to accommodate this need. MINUTES CITY COUNCIL APRIL 25, 2007 The City Planner indicated that the City Code has some limitations on accessory building size; however, indoor storage is a permitted use. McGraw noted that the elimination of outdoor storage would not adversely impact any current property owner in the City. Blesener noted that auto repair businesses require outdoor storage, and noted that elimination of outdoor storage would result in no new auto repair businesses in the City. Blesener noted the existing bobcat business and the neat, orderly way that this property is maintained. Blesener felt that eliminating outdoor storage entirely would depreciate property values. The Planner replied that that would be true if the real value of the property is tied to outdoor storage. Blesener felt this was the case in Ryan Industrial Park. The Code Enforcement Officer noted the City's efforts to enforce the current outdoor storage CUP's. These CUP's are very specific to business conditions at the time they were granted, and several of these businesses will be seeking amendments to their CUP's in order to address their current business conditions. Barraclough noted the City's previous efforts several years ago relative to very specific CUP's for the properties in Ryan Industrial Park. The Code Enforcement Officer noted that since that time, businesses have changed and equipment has changed; therefore, the existing CUP conditions are difficult for these businesses to comply with. McGraw pointed out that technology changes and agreed that business needs are always changing. He felt that this is the problem with outdoor storage in the first place. The City Administrator suggested additional controls for outdoor storage, such as limiting the amount of outdoor storage to a percentage of building size. He also suggested keeping the storage allowed under the CUP very specific to ensure more City control. He noted a recent outdoor storage CUP that was more general in nature, and the negative results that ensued with a transfer in ownership. Blesener again suggested the interim use permit rather than conditional use permit. The interim use permit would lapse as the business changed, either allowing the City to phase out outdoor storage as properties are redeveloped or issue interim use permits to new businesses with specific conditions to that business. Montour asked if the City can phase out the outdoor storage use. The Administrator noted that legally established outdoor storage would be grandfathered in. Blesener noted that if outdoor storage as a conditional use is eliminated and the City handles this storage as an interim use, property owners would not be able to amend their CUP's. Property 4 MINUTES CITY COUNCIL APRIL 25, 2007 owners would either have to live with their current CUP conditions, or apply for an interim use. The Code Enforcement Officer estimated that the vast majority of outdoor storage users are out of compliance with the conditions of their CUP. The Planner noted that when an interim use permit expires, the outdoor storage would have to be eliminated. Anew property owner could apply for an interim use permit. Blesener stated that he was not sure he supported a total elimination of outdoor storage. Chuck Pechmann suggested that there are two issues to consider. The first is the City's long term perspective, and the second is that there will always be certain businesses that require outdoor storage. Pechmann felt there were excellent businesses that the City might welcome. He suggested some similar provisions be added to the I-1 District as exist in the I-P District relative to the storage of hazardous materials. Pechmann also felt there was a difference in outdoor storage that moves or changes over frequently with huge piles that never move. The City Planner then went on to explain outdoor storage regulations that exist in the Cities of Roseville, Shoreview, Maplewood, and Vadnais Heights. He noted some common regulations that exist in the Metro area as evidenced by codes in the Cities of Plymouth, Lakeville, Blaine, Arden Hills, Inver Grove Heights, and Shakopee. Allan asked if the City can be discretionary as to the types of materials allowed to be stored outside, such as allowing construction materials, but not allowing autos to be repaired. The City Planner replied that the City can allow outdoor storage related to a specific use, such as outdoor storage for construction companies, but not for auto repair businesses. Blesener noted that outdoor storage ofsemi-trailers is addressed differently in the Code than other outdoor storage. The City Planner noted that the I-P District allows outdoor storage of semi-trailers as a separate class of outdoor storage. The Planner again suggested two paths could be considered, either total elimination of outdoor storage or more restrictive conditions, i.e., interim use permit, storage area limited to percentage of building, etc. Blesener felt that an interim use permit was preferable to a CUP given that CUP's run with the land. Allan asked if a time limit could be placed on an interim use permit. The City Planner replied that an interim use permit could be tied to a time limit or an event such as a change in ownership, MINUTES CITY COUNCIL APRIL 25, 2007 termination of lease, etc. Knudsen felt a time limit was problematic and that an interim use permit was better tied to an event. Blesener did not feel outdoor storage should be eliminated entirely. Knudsen felt it better to isolate where outdoor storage can occur and make the restrictions tougher. Allan felt that all storage should be contained within a building. Knudsen felt there was an issue of fairness as well as what is realistic. Helmeke felt there was a question of what is the best use of the land, and felt it may not be realistic to eliminate outdoor storage completely. Allan pointed out that most outdoor storage uses are moving out of the Metro, and suggested that if Little Canada did not eliminate it, the City would become a dumping ground for outdoor storage uses. The City Administrator noted that poor soils in Ryan Industrial park are a big factor, since soils in most of the park cannot support masonry buildings. The result is the quality of buildings in the Park are such that Ryan Industrial Park attracts the types of businesses that require outdoor storage. The Administrator indicated that another option is to redevelop Ryan Indusriial Park, but, again, soils will be a factor. The Administrator indicated that not all outdoor storage is problematic; it is the class of business that is problematic. Blesener felt outdoor storage should be limited based on building size. Individual tenants would be allowed outdoor storage in relation to the amount of building space that they lease. Blesener also felt that the City should limit the number of Auto Sales Licenses to one or two, as well as limit the number of Auto Repair Licenses. He felt outdoor storage should be allowed by interim use permit that would be tied to an event, such as sale of property or relocation of a tenant. Montour suggested that some owners in the Park will never sell their property, and agreed that interim use permits should be used, but there should also be a way to phase out the outdoor storage use. McGraw stated that his preference would be to eliminate outdoor storage, but noted that the consensus appears to be to allow it by interim use permit. If that is the case, McGraw agreed that the interim use should be tied to an event. McGraw also felt that eliminating auto repair businesses would help to clean up the area and a way to prevent the City from being overrun with outdoor storage uses. Blesener felt that eliminating the outdoor storage use would get the City into an inverse condemnation situation. MINUTES CITY COUNCIL APRIL 25, 2007 Barraclough pointed out that if restrictions are too tight, the City will have to answer to the property owners. The City Administrator stated that once the moratorium is lifted, there will be a lot of Ryan Industrial Park property owners in to amend their CUP's. If the restrictions are too tight, that group will organize and will be very worried about their property values. Blesener noted that if these property owners get into compliance with their CUP's, their outdoor storage use will be grandfathered in. Knudsen stated that it should be no mystery to these property owners as to what the City is trying to do. Knudsen noted that the City is just asking that they live up to what they agreed to under their CUPs. Blesener indicated that if the business is grown and doesn't fit the property any longer, then it should be moving. Knudsen stated that it is not the City's fault that these property owners are out of compliance with their CUPs. The City Administrator noted there has been some difficulty in the change-over and training of Code Enforcement Officers. He also noted that the City could consider business licensing as another means of enforcement, although it may be more applicable from a fire inspection cost standpoint. However, it was felt that licensing all businesses to regulate a few is inequitable. The City Planner suggested it would be possible to license outdoor storage as a business activity. Blesener noted that a great deal of the value of the Ryan Industrial Park properties lies in the fact that they have outdoor storage. Allan asked what law enforcement prefers relative to the screening of outdoor storage. The Planner replied that law enforcement prefers an open view into properties, and likely security cameras as well. Blesener directed the City Planner to put together a draft ordinance amendment reflecting tonight's discussion for further review. There being no further business, the workshop meeting was adjourned at 7:15 p.m. -, ~, /~ ~----- ~ ~~ s liam Blese ~r,'IGlayor ~~` .. Attest ' ~'~`~ l Joe Hanson, City Administrator