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.
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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
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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.
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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
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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,
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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.
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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.
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Joe Hanson, City Administrator