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HomeMy WebLinkAbout11-16-95 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES NOVEMBER 16,1995 The meeting was called to order by Chair Luick at 6:00 PM in the City Hall Council Chambers. Roll call of members was taken. Present: Holberg, Amborn, Cecchini, Luick, Skipton, Reib and Miller. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; John Hennen, Administrative Assistant/Recycling Coordinator; Carol Hymel, Economic Development Specialist; Frank Dempsey, Associate Planner; Elliot Knetsch, Assistant City Attorney; Judi Ryan, Recording Secretary. ITEM 3 -Minutes of November 2,1995. The minutes of the November 2, 1995 Planning Commission meeting were approved as printed. ITEM 4. - Unfinished business. A. Review proposed change in building .materials for Valvoline. Rapid Oil Change. City Planner Daryl Morey stated that the Planning Commission had previously reviewed and recommended approval of a PUD/CUP including building plans which showed a rock face concrete block exterior. Since City Council approval, Rapid Oil Change has proposed a change in their building exterior to a modular style with a different exterior building material than was previously proposed. This change is .being proposed on a national level. Building Official Dave.. Krings stated that he spoke with the project architect who explained that the material is a reinforced fiberglass with a stone aggregate sprayed on, then painted. The color proposed is similar to that which was previously approved, a light and dark gray. The modular building is three inches wider than previously approved, but is well within the setback requirements. Commission member Holberg asked about the integrity of the material. Mr. Krings stated he had not seen a sample but explained that the texture looks like a masonry wall, with rock impregnated into the fiberglass. Mr. Krings also stated the Taco Bell building across the street is a modular .building. Commission member Cecchini • asked if there would need to be more protection from damage by vehicles hitting the Planning Commission Meeting Minutes November 16, 1995 Page -2- • building. Mr. Krings stated that the curbing and bollards which are on the site plan should be adequate. In answer to Commission member Amborn's question regarding insurance, Mr. Krings stated that insurance companies would not consider the building in a different manner as it would still meet all building codes for fire, snow, wind, etc. Commission member Miller asked about life expectancy of the building material. Mr. Krings stated that as with other products, proper maintenance is important but he would .not expect this material to have a shorter life expectancy than traditional materials. It is also expected to be more energy efficient than masonry. A modular Rapid Oil Change with the proposed new building material was recently approved by the City of Edina. By a show of hands, it was determined that no further action would be needed by the Planning Commission to allow the modular building to be approved. City Administrator Bob Erickson suggested that additional bollards be required to further protect the building. It may also be reasonable for the building department to obtain a manufacturer's warranty for the product prior to issuing a building permit. ITEM 5. - Public hearing to consider the application of Brian Muldoon for the vacation of a drainage and utility easement on property located at 17507 Gage Avenue. Frank Dempsey explained to Commission members that the vacation of a portion of the existing 40-foot wide drainage and utility easement would allow for construction of a deck on the rear of the house. The oversize easement was originally needed for grading. The developer, since the approval of the plat, was able to obtain permission from the neighboring property owner to reduce the slope to the west, thereby eliminating the need for the oversized easement. City staff has determined that a portion of the easement could be vacated and still meet the 10-foot width required by the ordinance. Utility companies were notified of the proposed vacation and no opposition was received. City staff recommended approval of the easement vacation as proposed. 95.141 Motion was made by Miller, seconded by Skipton, to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 95.142 Motion was made by Miller, seconded by Cecchini, to recommend approval of the application of Brian Muldoon for the vacation of a drainage and utility easement on property located at 17507 Gage Avenue. Roll call was taken on the motion. Ayes: Unanimous. Planning Commission MeetingMinutes November 16, 1995 Page -3- . ITEM 6. The public hearing was opened to consider the application of the City of Lakeville for an amendment to Ordinance No. 167, the Lakeville Zoning Ordinance, concerning the storage or parking of land/sea containers and semi-tractor trailers in the I-1, I-2 and CBD-I zoning districts and establishing outdoor storage and screening requirements.. Elliot Knetsch attested that proper legal notices had been duly published and mailed. Michael Sobota stated that Airlake business representatives had been given an opportunity to express their opinions and offer input to City staff concerning this proposed change during a subcommittee process this past summer. John Hennen gave a brief history of this issue. He stated that City staff had received a complaint from a food manufacturing company in Airlake regarding a neighboring business which was storing pallets, trailers, etc. on their property and the food company was concerned about rodents. Other instances of outdoor storage were also brought to staff's attention. The City Attorney recommended that an ordinance specifically regulating the use of semi-tractor trailers for storage on site be drafted. Staff felt the location of land/sea containers should be addressed at the same time. Commission members and members of the audience were shown a video showing several areas where semi-tractor trailers are being parked for storage purposes. • Many are inoperable, dilapidated and would need to be put on a flat bed trailer to be removed. The Planning Commission originally reviewed the proposed ordinance on June 15, 1995 and continued the public hearing. A subcommittee consisting of two members of the Planning Commission, business representatives of Airlake Industrial Park, President of the Chamber of Commerce and City staff met twice to review existing .ordinances as well as the covenants of Airlake Industrial Park, which are not currently being enforced. It was stated that the unscreened storage at some businesses is as aesthetically offensive as semi-tractor trailers. The proposed ordinance would require a temporary permit for outdoor storage of land/sea containers or semi-tractor trailers which would be parked at a site for more than 60 days but not more than six months. Only one temporary permit would be granted in a twelve-month period.. A permanent permit would be applied for if the units would be on-site for more than 180 days. The ordinance would require all semi-tractor trailers with Minnesota license plates to be certified. Any semi tractor- trailers which did not meet certification requirements would need to be removed. The ordinance would also require land/sea containers and semi-tractor trailers which are used for permanent storage to be parked on a concrete or bituminous surface. All land/sea containers or semi-tractor trailers used for temporary storage must be parked on a grassed or surfaced area. Front yard setback areas or required side yard Planning Commission MeetingMinutes November 16,.1995 Page -4- • setback azeas abutting a major collector or arterial street (County Road 70, CSAH 50 and Cedaz Ave.) may not be used for storage. Michael Sobota stated that City staff would make every attempt to be flexible with businesses regazding the requirements and implementation of regulations and would take into consideration any special circumstances. If temporary storage is needed for up to 60 days, there would be no permit requirements. Allowing crushed concrete as an acceptable alternative to bituminous or concrete could be considered as an amendment to the proposed ordinance. Commission members had a few questions concerning the ordinance. Cecchini commented that deciduous trees would only screen the trailers for about half the year. Mr. Sobota reiterated that the objective is to clean up the azeas of I-1, I-2, and CBD-I zoning districts, to eliminate storage of old trailers which aze not road worthy, and to maintain orderly storage of materials within the industrial pazk. Commission member Amborn suggested trailers could be lowered by removing their wheels, making screening easier. He felt the language in the proposed ordinance needed to be more cleaz-cut in certain azeas, for instance,. specifying whether business owners could continuously have trailers on their property. Mr. Sobota • stated as an example that if it is a part of a cartage business, the trailers would likely not be at a site for more than two weeks and would therefore not require a permit. Commission Chair Luick mentioned that problems could arise with weed control on grassed surfaces used for temporary storage areas. The discussion was opened to the floor. Bill Sherman of City Cargo and Storage in Eagan stated that there aze approximately 20,000 storage trailers available for rental in the Twin Cities. He feels the biggest problems in Airlake aze junk trailers and pallets which aze stored outside. He said many businesses in Airlake lease trailers from his company. He stated that his equipment is theft resistant and certified. He does not see a need for screening of the land/sea containers he leases out because they aze painted to blend with the environment. Dave Timmons, Rexam Flexible Packaging (formerly StazTex), stated that there needs to be a differentiation made between road worthy trailers and storage trailers. He questioned the. economic benefits to the industrial pazk or the community if the ordinance amendment were approved. He also feels the language in the ordinance is vague concerning screening of storage trailers which aze not adjacent to residential azeas. Mr. Timmons also stated that the costs for screening permanent storage aze very high and funds may be put to better use, i.e., in the City's pazks. Planning Commission Meeting Minutes November 16, 1995 Page -S- City staff responded that when the industrial park was first developed covenants were established. Staff recognizes that some real costs will be incurred for several companies to bring their sites into conformance. The City does not object at all to the use of trailers or storage containers as a required part of running a business, but they need to be managed appropriately. Richard .Knutson of Basket Ease, 21370 Heywood Avenue, stated that. he uses trailers during the holiday season for storage and feels that 60 days is not enough time prior to requiring a temporary permit. He feels that two problems are being combined one of outside storage and one of junk trailers, both of which are aesthetic problems. He feels that these problems are a separate issue if the property abuts a major collector highway or residential area. There should also be some distinction between storage of inventory and junk storage. Some areas of the proposed ordinance are confusing, such as the definitions of loading and parking areas. City Administrator Bob Erickson asked the business owners what they felt the ideal time line would be for storage units before the permit requirement should take effect. The general consensus seemed to be 120 days. • A representative of Ceminski Trucking stated that. there needs to be differentiation between storage trailers and specialized semi trailers used for hauling specialized equipment. He stated that he recently moved his business into the industrial park and stores. specialized trailers on his site when not in use. He .believes that the economic impact of the proposed ordinance amendment as written will drive small businesses out of the park. Mr. Erickson suggested. that some of Mr. Ceminski's pipe hauling business is seasonal. Since this is probably also true of other businesses in the park, the storage of seasonal specialized equipment needs to be addressed. Don Paulseth of Despatch Industries stated that their business also uses trailers for temporary storage and needed to know if some of their routine storage would be in violation under the proposed ordinance. He was also concerned because their sheet metal recycling bins are outside of the building and screening would make access difficult. Also, access for fire and emergency vehicles is important and needs to be considered. Mr. Erickson stated that Despatch is in the unique industrial zone, CBD-I, and an attempt to screen from adjoining residential property, Winsor Plaza and the bikeway, • is important.. At the same time, accessibility to recycling containers is necessary. Planning Commission Meeting Minutes November 16, 1995 Page -6- • Staff indicated that an amendment to existing ordinance 11.14 regarding waste and recycling receptacles maybe appropriate. Sid Manders of Manders Diesel, concurred with the previous speaker. He feels some businesses will be penalized financially if they must comply with hard surface requirements. Since the Manders' business consists of only 7.5 acres, not the required 10 acres, they are unable to comply with requirements for a septic system and for an additional storage building. He said when they bring a trailer in for storage they are not sure how long it will be on site. Chair Luick asked what the City's flexibility would be if it were not known how long the trailer would be parked. This needs to be addressed. Mike Dunham of Dunham Brothers Leasing and Storage stated that their company owns landlsea containers, several of which are leased out to companies in Airlake. He does not. feel that a concrete or bituminous parking surface is necessary. for permanent storage and feels gravel would be sufficient. He stated that all of their containers are painted a light blue and blend well with the environment. Mr. Dunham stated that trailers which are not in the industrial park should not be affected by the proposed ordinance, such as those on agricultural or commercial property. • Elliot Knetsch stated that the certification and permit under the proposed ordinance would apply to all semi-tractor trailers in the city, not just those in the industrial park. Mr. Erickson stated that the City is willing to work with the Durham's and invited them to come in to discuss the possible construction of a warehouse on their property. Mr. Dunham further stated that the family will work to bring their site into conformance with City ordinances. Brian Brosnan of Aptus questioned the intent of the ordinance. He feels certification should be adequate criteria to allow semi-tractor trailers to be stored on site. Bob Erickson stated that Aptus is a pristine, model site in the industrial park and that if every site looked like Aptus, the proposed regulations would not be necessary. The City recognizes the importance of Aptus and has assisted them as they earned trust and credibility in the community. The purpose of the ordinance amendment is to strengthen and clarify the existing ordinance. The intent of the public hearing is to gain knowledge and input from the public After a brief recess, John Hennen further reviewed the proposed ordinance amendment to clarify what currently exists within the ordinance regarding outdoor storage and the proposed changes. He then showed a video on some companies and the City Public Works area which have recently come into compliance with the screening requirements by installing slatting in fences and planting trees. Planning Commission Meeting Minutes November 16, 1995 Page -7- Commission member Holberg asked about screening for businesses which abut each other. Would their common property line need to be screened since the side yazd setback for storage is 10 feet in the industrial pazk? Mr. Sobota stated that each plan would be approved by the Zoning Administrator but this would be an example of the City needing to be flexible. and realizing the special circumstances. Cazol Hymel stated that about eight sites in the industrial pazk have outside storage, i.e., inventory, pallets, etc. Roger Sand, 3010 Fairview Road, Prior Lake, stated that he is currently in the process of buying land to build a building and expand his business in Lakeville. He questioned whether their 5' X 8' X 3' recycling containers would need to be screened. It was. suggested that the language in the ordinance needs to be addressed to specify that recycling containers be supplied by bona fide vendors. Mr. Sobota stated that more reseazch will be done concerning this issue. Mr. Sobota thanked members of the Planning Commission and the business community for their excellent comments. It was suggested that the public hearing be continued to further address the issues which were brought up tonight. Chair Luick • suggested the possibility of having a work session with Commission members and staff prior to the next meeting. Issues which need to be addressed include: • Implementation of permitting process • Short term (seasonal) storage • Logistics of enforcement • Screening of recycling containers • Can certification of semi-tractor trailers serve the same purpose as a permit. A meeting was set for Tuesday, November 28th at 6:00 PM with those Planning Commission members who aze able to attend, along with staff. Committee member Cecchini stated his opinion that since this is an industrial pazk, it is nov a great concern. It was suggested that he drive down the streets in Airlake Industrial Park to see the extremes in how various businesses care for their sites. There is no organization within the industrial pazk which enforces the covenants. Commission member Holberg believes the business owners should work as a group to "police" themselves. Chair Luick also thanked the business owners for their helpful comments. • Planning Commission Meeting Minutes November 16, 1995 Page -8- w 95.143 Motion was made Holberg, seconded by Miller, to continue the public hearing until the December 7, 1995 Planning Commission meeting. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7. -New business. Commission members received the Draft Summary Report, "Lakeville Forum: Strategies For Tomorrow. " Bob Erickson briefly addressed Planning Commission members and asked that when they review the document, they pay particular attention to the general conclusions of the community meetings and recommendations prepared by facilitator Ann Perry. Ms. Perry also recommended that the City develop a process similar to the forums to involve residents during the comprehensive plan update process. As a point of interest, five copies of the forum video are available at City Hall and at the present time, they have all been checked out. Also, the Chamber of Commerce will be utilizing the video at their upcoming annual retreat. ITEM 8. -Announcements. A work session to discuss issues concerning storage or parking of semi-tractor trailers or land/sea containers will be held Tuesday, November 28, 1995 at 6:00 PM. • The next regularly scheduled Planning Commission meeting will be held December 7, 1995. ITEM 8. -Adjourn. There being no further business, the meeting was adjourned by Chair Luick at 9:05 PM. Respectfully submitted, Judi yan, Recording Se r ATTEST: David Luick, Chair