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HomeMy WebLinkAbout2012-066 Council Resolution• Council Member0' Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 12 -66 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 07 -12 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 07 -12, amending Section 8 of the Zoning Ordinance regarding Industrial Zoning Districts; and WHEREAS, Ordinance No. 07 -12 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. • Passed by the Lino Lakes City Council this 23rd day of July 2012. • ATT T. Jeff Rein: rt, fayor artell, Cit Cler The motion for the adoption of the foregoing resolution was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Stoesz, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. ATTACHMENT A, RESOLUTION 12 -66 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 07 -12 AN ORDINANCE amending the Industrial Zoning Districts of the Zoning Ordinance The purpose of amending this section of the Zoning Ordinance is to verify that the requirements of the Industrial Zoning Districts are consistent with the 2030 Comprehensive Plan and insure the continued quality of development within the industrial properties of Lino Lakes. The following sections are amended with the adoption of this ordinance. Section 8. Subdivision 1 — Light Industrial Zoning District Section 8. Subdivision 2 — General industrial Zoning District Passed by the Lino Lakes City Council on July 23rd, 2012. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • • • • • L A N D F O R M From Site to Finish • • 0 105 South Fifth Avenue Tel: 612 - 252 -9070 Suite 513 Fax: 612- 252 -9077 Minneapolis, MN 55401 www.landform.net TO: Michael Grochala, Community Development Director FROM: Kendra Lindahl, Landform DATE: July 3, 2012 for the July 9th City Council Meeting RE: Update to Industrial Zoning District Standards Background Landform was asked by the City of Lino Lakes to review the existing Industrial Zoning district standards in Section 8 of the Zoning Ordinance to ensure that the ordinance standards were consistent with the recently adopted 2030 Comprehensive Plan, that allowed uses were consistent with the City vision, goals and policies and that the development standards were appropriate for the different uses. We have reviewed the 2030 Lino Lakes Comprehensive Plan, the Zoning Ordinance dated October 2011 and the Redevelopment Task Force Workbook. Additionally, prior to preparing these recommendations, we met with staff to understand the issues identified previously by the City (staff, Commissioners and Council members) and we spoke with site selectors and developers to better understand how the Zoning Ordinance standards could affect their decision to locate in a community. Summary of July 2, 2012 City Council Work Session At the July 2nd work Session, the City Council questioned why screening would be required between industrial properties. Staff indicated that the recommendation is included because there are many different types of uses allowed in the industrial district and outside storage should be screened from any adjacent landowner. The City Council directed staff to review the draft language to consider changes to allow some discretion for screening between industrial properties. Following the City Council work session, staff reviewed the ordinance language and is recommending that this screening flexibility be provided in the landscape ordinance section (Section 3, Subd. 4 of the Zoning Ordinance). The Industrial District language for outside storage is drafted to read: 1. Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: a. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right -of -way. Landfonn°, SensiblyGreen' and Site to Finish °are registered service marks of Landform Professional Services LLC. • • b. The storage area is landscaped and screened from view of adjacent uses and public rights -of -way via a fence and greenbelt planting strip, in accordance with Section 3, Subd. 4. Q. 6 of this Ordinance. c. The entire storage area is fenced and secured in an appropriate manner. d. The storage area is blacktopped or concrete surfaced, unless an alternative wear - resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. f. The property shall not abut I -35W or I -35E. g. The ratio of storage area to building footprint shall not exceed 2.5:1. h. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. i. Storage shall not include material considered hazardous under Federal or State Environmental Law. The City Council also had some discussion about whether or not to prohibit outside storage adjacent to the interstate, but recommended that the prohibition remain as drafted. Summary of June 13, 2012 P&Z Public Hearing The Planning and Zoning Board held a public hearing on this item on June 13 and voted unanimously to recommend approval with two changes: 1. Modify the draft Manufacturing definition to read as follows: "Manufacturing. An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes but is not limited to a business engaged in the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products." 2. Modify the Research Laboratories definition to read as follows: "Research Laboratories. A use engaged in research and development, testing, assembly, repair, and manufacturing. Examples include research labs in the following industries: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Office, warehousing, wholesaling, and distribution of the finished products produced at the site are allowed as part of this use." Revisions to Industrial District Standards (Section 8) 2 July 9, 2012 • • There was a question at the meeting about why motor fuels stations are no longer allowed in the industrial districts. Staff noted that these types of uses are more retail uses that should be located in commercial zoning districts with convenient road access. Site selectors for those types of businesses are more interested in those retail sites with good access and that frees up industrial land for true industrial uses. There was a question about why the draft language allows outside storage adjacent to residential and continues to prohibit it adjacent to the I- 35E/W. We noted that currently the ordinance prohibits outside storage adjacent to residential and I- 35E/W, but allows it adjacent to residential via an IUP. There are at least two businesses that have outside storage and the city has expressed some desire to allow outside storage for industrial districts to be more business friendly and to bring these existing businesses into compliance. In exchange for more opportunities for outside storage, the City has increased the performance standards, including the setback and screening standards for outside storage. When this issue was discussed at the staff level and at the March 14th workshop, there was a general sense that it was important to preserve the gateway into the City along the interstate and, therefore, outside storage would continue to be prohibited in those areas. After some discussion, the P &Z recommended keeping the language as drafted. Summary of March 14, 2012 Workshop On March 14th joint Planning and Zoning Board /Economic Development Advisory Committee meeting, we presented a summary of proposed changes to the industrial zoning district standards to ensure consistency with the 2030 Comprehensive Plan and ensure a continuation of quality development that meets market demand. At that meeting, there was significant discussion about the proposed change to the outside storage standards. While the majority seemed to be in agreement that this type of use is appropriate in industrial districts, there were a number of concerns about screening and what constitutes effective screening. Furthermore, while there was an acknowledgement of the importance of standards to ensure quality development, there were also comments that the ordinance should not be so restrictive that it discourages duality businesses from locating in Lino Lakes. Consensus was to increase the performance standards in exchange for increased opportunities for outside storage. Many of the concerns related to the standards in the landscape /screening standards in Section 3 of the Zoning Ordinance. Therefore, after the meeting, staff prepared an update to those standards for consideration at the June 13th meeting in a separate action. Additionally, the Commissioners suggested that "Research Laboratories" be defined, so we have prepared a definition for consideration. The Commissioners also suggested that Kennels /Pet hotels be added as a conditional use in the Industrial districts. Therefore, we have added "Commercial Kennels" as a conditional use in both industrial districts subject to the same standards used elsewhere in the City Code. Revisions to Industrial District Standards (Section 8) 3 July 9, 2012 • • Summary of Proposed Changes • We are recommending a number of revisions to the ordinance based on discussions with City staff and our professional experience writing and implementing ordinances. The proposed changes have been shown as deleted text in €trikethrough, added text in underline in the attached document. Background In our initial meeting with City staff we discussed the City's concerns with the existing Industrial zoning districts and begin discussion of potential changes to help the City implement their vision. The following key issues were discussed: • Non - conforming uses in the Industrial districts • The challenges specific to the Light Industrial area on Lake Drive (e.g. non - conformities, proximity to single family residential, lack of municipal sewer and water, zoning that is inconsistent with Comprehensive Plan) • Need to balance property owner rights with the rights of adjacent landowners • Need to analyze the long term goals vs. short term requests • Need to analyze tax impacts for the city as a whole • Importance of Lake Drive as a gateway for the City • Outside storage needs to be clearly addressed, including updated definition of outside storage to address vehicle parking, dumpsters, display areas, etc. It is our understanding that there were some in the City who felt that the existing ordinance may have been overly restrictive and discouraged new businesses from locating in Lino Lakes. Our experience shows that one of the roles of zoning is to protect property rights of existing landowners and businesses by maintaining a standard that ensures quality and maintenance of adjacent properties, which helps to maintain property values. My conversations with site selectors and developers indicate that few buildings are being built on speculation. The only buildings being built are for specific tenants and each tenant has specific locational criteria that will drive site selection more that any zoning standards. The general consensus is that businesses are looking for land as close to the central cities of Minneapolis and St. Paul as possible and those businesses generally will not move out from that core until they can find land that is priced to fit their needs. The supply of industrial land in places like Blaine is diminishing, which will make land in Lino Lakes more appealing. Throughout the metropolitan area, performance standards have been increased and businesses seem to understand this baseline expectation has increased over what might have been acceptable 30 years ago. None of site selectors I spoke to cited Lino Lakes as having an ordinance that was too restrictive, but all noted the importance of flexibility for users. Proposed Revisions One of the significant changes relates to the general format of the Zoning Ordinance. It is our intent to make the Industrial district standards clearer with these updates. However, it should be noted an update to Section 3 (general performance standards) will be required to supplement these updates. The key changes proposed in the LI and GI districts are as follows: Revisions to Industrial District Standards (Section 8) 4 July 9, 2012 • ! • • Eliminated motor fuel stations as an allowed use in both the LI and GI zoning districts. We believe that these users should be located on commercial property with convenient access. This will free up the remaining Industrial land for true industrial uses. • Added new permitted uses, such as research laboratories and trade /business schools in both LI and GI and food processing in GI. This is reflective of the current economy and is consistent with the intent of these zoning districts. • Made accessory indoor retail, rental or service activities an accessory use rather than a conditional use permit. This provides more flexibility for landowners and eliminates the time - consuming conditional use permit for these accessory and incidental uses. • Eliminated redundant standards for conditional uses. If the standard is addressed in the general performance standards section of the Zoning Ordinance or the Building Code, there is no reason to repeat those standards and, therefore, they have been eliminated. We understand that staff plans a future update of the general performance standards in Section 3 of the Zoning Ordinance as well. • Added Mini - Storage as a conditional use in the LI district (it was already a conditional use in the GI district). This type of use is commonly located in the light industrial zoning districts and would be compatible with other allowed uses. • Added Commercial Kennels as a conditional use in both the LI and GI districts, subject to the same standards used elsewhere in the City Code. • A number of changes were made to outside storage standards (for outside storage as an accessory use). These changes will allow outside storage accessory to the principal use as an option for more properties in the Industrial zoning districts, but will increase the performance standards for outside storage: o Outside storage areas must be completely enclosed in a fenced area and this area must comply with the structure setbacks for the district. There are currently no setback requirements for outside storage areas. o Outside storage may now be allowed adjacent to residential properties, parks, schools, and businesses provided they meet the structure setback, buffering and other performance standards. The only prohibition that remains in place is abutting interstates, and abutting will no longer mean across a right of way. o Setbacks from residential will be based on the land use classification in the 2030 Comprehensive Plan rather than the Zoning Map classification. o The ratio of outside storage area to building footprint has been eliminated in the GI district and reduced from 3.5:1 to 2.5:1 in the LI district. o Outside storage as a principal use had been eliminated from LI district where it was previously allowed as an interim use permit. Definitions In addition to the changes to the Industrial district uses and standards, I would suggest the following new definitions be included in the Ordinance when the City updates Section 1, Subd. 2 (Rules and Definitions) of the Zoning Ordinance: Mass Transit Terminal. The property, equipment and improvements owned, used, constructed, maintained, controlled, or operated to provide mass transportation for passengers or to provide for the movement of people, including park- and -ride stations, transfer stations and parking lots. Revisions to Industrial District Standards (Section 8) 5 July 9, 2012 • • • 3. Manufacturing. An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes but is not limited to a business engaged in the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products. Outside Storage vehicles, trailers, or material relating to the principal use of a parcel of land is stored. This includes semi trucks and trailers. The stored items are not for sale or display but are -used in the everyday operation of the principal -use. Also referred to as "outdoor storage." Outdoor The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building for a period greater than 24 hours. We note that the existing ordinance currently uses the terms "outside storage" and "exterior storage" interchangeably. We recommend that future ordinance updates replace the term "exterior storage" with "outside storage" for consistency and clarity. Research Laboratories. A use engaged in research and development, testing, assembly, repair, and manufacturing. Examples include research labs in the following industries: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Office, warehousing, wholesaling, and distribution of the finished products produced at the site are allowed as part of this use. Trade or Business Schools. A specialized instructional establishment that provides on -site training of business, commercial, and /or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school. Wholesale Businesses /Showrooms. An establishment or place of business primarily engaged in selling and /or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use. Zoning Map We recommend that the City update the zoning map to be consistent with the adopted 2030 Future Land Use Map as required by State Statute and to eliminate any confusion about appropriate land uses on properties. However, this item is not required immediately and can be completed in the future. Revisions to Industrial District Standards (Section 8) 6 July 9, 2012 • • Recommendation • Move to adopt the proposed revisions to the Industrial Ordinance standards in Section 8 of the Zoning Ordinance. Attachments 1. Ordinance Amending Section 8 Revisions to Industrial District Standards (Section 8) 7 July 9, 2012