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CR 95-095 Zoning Amendment - Storage Areas "\ y 0 \ V '" ~ ..y '" . June 2, 1995 o P K \ ~ Council Report 95-95 ZONING AMENDMENT--STORAGE AREAS Proposed Action. Staff recommends the following motion: Move to approve Resolution 95-42 approving Ordinance 95-758 that would require the screening of existing open storage areas. At the Zoning and Planning meeting Mr. Hutchison moved and Mr. Day seconded a motion to approve Resolution RZ95-6 recommending approval of Ordinance 95-758 that would require the screening of existing open storage areas. The motion was approved on a 4-1 vote, Mr. Schumacher voting nay. Overview. The City Council has previously expressed a concern with the appearance of existing open storage areas within the City and, as a result, has requested that Staff consider a Zoning Ordinance revision to deal with this issue. The attached ordinance will require the following existing businesses that have open storage areas to screen the storage areas within two years from the date of approval. 0 Justus Lumber 0 106 Jackson Avenue North 0 Reuter Inc. 0 ABM 0 Barber Construction 0 Xchanger 0 EBCO 0 Stockland Road Machinery Co. . The existing open storage areas will be required to screen the open storage areas with a 6 to 10 foot fence if the open storage is visible from a public right-of-way 50 feet or more in width. The height of the open storage will be limited to 15 feet. Most of the existing non-screened open storage areas that have been identified are located in the industrial area in south Hopkins. The Staff has identified nine sites that would be required to have areas screened if the proposed action is approved. Primary Issues to Consider. 0 What are the properties that presently have unscreened open storage? 0 What are the existing ordinance requirements for open storage? 0 What are the compliance requirements of the ordinance? 0 What will the ordinance accomplish? 0 What was the action by HBCA regarding the proposed ordinance? 0 What occurred at the Zoning and Planning meeting? 0 What actions has the Staff taken to revise the proposed ordinance? 0 Staff comments. SUDPortim! Documents. 0 Analysis of Issues . 0 Resolution 95-42 0 Ordinance 95-758 . . -.. -. CR95-95 Page 2 . Primary Issues to Consider. 0 What are the properties that presently have unscreened open storage? l. Justus Lumber 330 11th Avenue South 2. Reuter Inc. 410 11 th Avenue South 3. Barber Construction 635 14th Avenue South 4. Hennepin County site 5. EBCO 146 Washington Avenue North 6. Stockland Road Machinery Co. 637 12th Avenue South 7. Xchanger e 1401 7th Street South 8. ABM 333 Second Street N.E. 9. 106 Jackson Avenue North All but two of the above sites have a chain link fence surrounding the property. Compliance with the screening part of the ordinance can probably be accomplished by adding slats to the chain link fence. 0 What are the compliance requirements of the ordinance? The proposed ordinance will require all existing open storage areas that are not presently screened to be screened within two years of the effective date of the proposed ordinance. The propertylbusiness owner will be required to submit to the City Staff a plan on how the open storage area will be screened. The following are the requirements with which an existing open storage area will have to comply. l. A screened fence 6 to 10 feet in height. The height of the fence must cover at least 2/3 the . height of the storage to be screened; 2. The height of such open storage shall not exceed 15 feet. If an open storage area will be discontinued within a year after the property is required to be screened, the area will be exempt from the ordinance. This exemption will probably apply to the Hennepin County site. CR95-95 Page 3 . 0 What are the existing ordinance requirements for open storage? Presently, for new use with open storage, the following conditions are required. 1. that the lot is graded and surfaced according to a plan submitted and approved by the city engineer that will adequately provide for drainage and dust control; 2. that the storage on such lot be so organized that a space of 15 feet of vehicular accessible open space remain between storage area with such area, not to exceed 40 feet in width; 3. that the height of such open storage shall not exceed 15 feet; 4. that the storage areas shall be fenced in such a way as to screen from the street right-of-way; 5. that the area shall be landscaped and maintained according to a plan submitted and approved by the building inspector; 6. that a side yard setback is required for fences that abut a right-of-way 50 feet or more in width, and the setback shall be the required setback for a building in said industrial district. . There are no requirements for existing open storage areas at the present time. 0 What will the ordinance accomplish? The proposed ordinance will require the screening of existing open storage areas that are presently not screened. The screening of the open storage areas will provide the City with an improved overall appearance. Presently there are several existing non-screened open storage areas that are very visible and do not present a positive image of Hopkins. 0 What was the action by HBCA regarding the proposed ordinance? The HBCA recommended at their April meeting to have a task force regarding this issue. After the April Zoning and Planning meeting, Staff contacted the staff of HBCA regarding the commission's action. The City Staffhas sent the HBCA a copy of the new proposed ordinance. lfthe HBCA has comments regarding the new proposed ordinance, Staff will update the City Council at the meeting. 0 What was the previous Zoning and Planning discussion of this item? At the February 28, 1995, Zoning and Planning meeting, the commission discussed this item. Several property owners appeared at this meeting to voice their concern regarding the proposed . ordinance. The commission was in favor of the intent of the ordinance, but not the ordinance as written. The commission continued the item for Staff to consider changes to the proposed ordinance. CR95-95 Page 4 . Fllowing this meeting Staff drafted the following changes to the ordinance. 0 does not require the lot to be surfaced 0 the storage lot does not need vehicle-accessible open space 0 a height range for a fence has been added 0 ordinance requires that 2/3 of the storage must be covered by a fence The Planning Commission reviewed the proposed ordinance at their April 25 meeting. Several residents asked that there be a screening requirement for the fences. Following the meeting Staff added the following requirements to the proposed ordinance. 0 added a requirement that all areas abutting a residential zoned area need a screened fence which is at least 90 percent opaque 0 added a requirement that all areas abutting all other zoned areas need a screened fence which is at least 50 percent opaque At the May 30 Zoning and Planning meeting] Mr. Schumacher spoke against the proposed screening ordinance. 0 What actions has the Staff taken to revise the proposed ordinance? Staff met with the affected property owners to discuss the proposed ordinance. Although the . property owners were not in favor of the ordinance] several property owners stated they would by willing to screen their lots if they knew exactly what the city wanted in regard to screening. Staff also met with Mark Koegler of Hoisington Koegler] Inc.] to discuss the proposed ordinance. Mr. Koegler concurred with the ordinance as proposed. 0 Staff Comments Staff was directed by the City Council to draft an ordinance that would require existing open storage areas to screened. The first ordinance proposed by Staff required the open storage areas to be paved] graded] and the storage to be organized along with the required screened fence. This ordinance meet with resistance from the Planning Commission] the property owners and HBCA. Staff then drafted another ordinance that is similar to the proposed ordinance which requires only screening and limits the height of the storage. After the April 25 Zoning and Planning meeting] Staff added the requirement that the screening be 90 or 50 percent opaque. Staff has spent a great deal of time with this ordinance to be responsive to input from all the different groups affected while still accomplishing the goal ofthe City Council. Alternatives. . 1. Approve the zoning amendment as proposed. By approving of the zoning amendment as proposed, existing open storage areas will be required to be screened. -- -. --. - - --- CR95-95 Page 5 . 2. Approve a different zoning amendment than the amendment as proposed by Staff 3. Deny the zoning amendment to screen existing open storage areas. By denying the zoning amendment, the existing open storage areas will not be required to be screened. 4. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. . . --- CITY OF HOPKINS e Hennepin County, Minnesota RESOLUTION NO: 95-42 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN AMENDMENT TO THE ZONING ORDINANCE REGARDING THE SCREENING OF EXISTING OPEN STORAGE AREAS WHEREAS, an application for an amendment to the Zoning Ordinance, ZN95-3, has been made by the City of Hopkins; and WHEREAS, the procedural history of the application is as follows. 1. That an application for Ordinance Amendment ZN95-3 was made by the City of Hopkins on January 27, 1995. 2. That the Hopkins Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on February 28, 1995, March 28, 1995, April 25, 1995, and May 30, 1995: all persons present were given an opportunity to be heard. . 3. That the written comments and analysis of City Staffwere considered. NOW THEREFORE, BE IT RESOLVED that the application for Ordinance Amendment ZN95-3 is hereby approved based on the following Findings of Fact. 1. That the proposed amendment will require the screening of existing open storage areas within the City which will protect the health, safety, and welfare of the community. Adopted this 6th day of June, 1995. Charles D. Redepenning, Mayor ATTEST: . James A. Genellie, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 95-758 . AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING THE SCREENING OF OPEN STORAGE That the Hopkins Zoning Ordinance No. 515-570 be and the same is hereby amended by adding the following sections. Section 515.07 Subd. 103. Open Storage. The keeping in an unroofed and open area a substantial part of which is visible to the public view from a street right-of-way 50 feet or more in width, or adjacent to a residentially zoned area used for such purposes, any equipment, machinery, inventory, junk, parts and other such items in the same location for more than 24 hours. 555.16 Open Storage. Subdivision 1. All open storage areas as herein defined that do not meet the requirements of Ordinance 540.03 (m) shall erect a 6 to 10 foot screened fence no later than July 1, 1997. The screened fence must provide screening for at least 2/3 of the open storage to be screened. The maximum height of the open storage shall be 15 feet. Such fencing shall provide screening of that part of such storage area visible to residential areas and street rights-of-way as defined in Section 515.07 Subd. 103. The screened fence abutting a residential district must be at least 90 percent opaque. The screened fence abutting all other zoning districts must be at least 50 percent opaque. Subd. 2. Compliance. On or before November 1, 1995, the City Planning Director shall be provided with a plan from the property owner or party using and occupying said property verifYing compliance with the above fencing .uirement. The nature of the screening may include landscaping in order to provide adequate screening of the open age in substitution of or in combination with fencing. Subd. 3. Waiver. Discontinuance of open storage areas within one year of July 1, 1997, shall be exempt from this subdivision upon submission of a written Purchase Agreement or disclosure of a new use submitted to the City prior to the effective date of Subdivision 1. Continuance of such open storage beyond one year from the effective date of Subdivision 1 shall subject the property to the requirements herein contained. First Reading: June 6, 1995 Second Reading: June 20, 1995 Date of Publication: June 28, 1995 Date Ordinance Takes Effect: July 18, 1995 Charles D. Redepenning, Mayor ATTEST: ees A. Genellie, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date