05/02/2011 Council Packet - Laserfiche WebLink

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Zoning Mr. Freimuth is proposing to operate a recycling center. Under the City's zoning ordinance the proposed use would be considered a "Junk Yard ". The zoning ordinance defines "Junk Yard" as follows: Junk Yard. Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two (2) or more unregistered, inoperable motor vehicles or other type of junk. Junk Yards are not permitted within any zoning district in the City. Mr. Freimuth has provided correspondence that his proposed use would require between 1 to 10 roll off dumpsters for the collection of drop off recyclable materials. This would be considered "Exterior Storage" under the zoning ordinance. Exterior storage is not allowed in the LI, Light Industrial zoning district where properties abut property zoned for residential, rural, or business use. "Abutting" includes property across a street. Comprehensive Plan The Performance Land Use designation was intended to allow a variety of land use types provided it is able to demonstrate compliance with a number of performance standards related to land use compatibility, site function, aesthetics, environmental protection and site access. The 2002 Comprehensive Plan provisions for "Performance Land Use" include specific performance criteria. The plan (pg. 96) specifically states that "Outdoor sales and storage is prohibited." The draft 2030 plan guides this area as commercial. A significant amount of discussion was undertaken by the Comp Plan Advisory Panel regarding this site due to the existing uses and its location as "Gate Way" into the city. The panel determined that the commercial designation was the preferred land use to accomplish redevelopment of the area. A zoning change to accommodate the proposed use is not supported by either the 2002 plan or the draft 2030 plan. Fire Suppression System Mr. Freimuth raised concerns regarding the city's fire suppression requirements. The building at 6931, based on the proposed occupancy, will need to be sprinkled. A system was installed, with the Bill's Rental occupancy, however it was never energized. It is 2