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HomeMy WebLinkAbout14.E. Text Amendment Regarding Mini-Storage Facilities-Ord. No. 724-tabled 1/18 CITY OF SHAKOPEE /1. E r Memorandum CASE LOG NO.: 05-001 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Text Amendment Regarding Mini-Storage Facilities (w/Exterior Storage) in the Highway Business (B-1) Zone MEETING DATE: February 1, 2005 INTRODUCTION: Leonard Hovde, CEO/President of Stage Coach Storage, has submitted an application requesting approval of a text amendment that would list storage facilities (w/exterior storage) as a conditional use in the B-1 Highway Business Zone. ill the applicant's narrative, he expresses the desire to establish a business on vacant lots in the Stagec9ach Business Center plat, located on Stagecoach Road just south ofHwy. 101 and north ofHwy. 169 (see,attached location map and narrative letter). BACKGROUND: When staffwas first contacted by the applicant, staff discussed the options available to them in order to accomplish their proposed development. The initial option that the applicant explored was to rezone the property to a Light illdustry (I-I) Zone, which lists self storage facilities/exterior storage as conditional uses. Unfortunately, this property does not have city services, and since it has less than the minimum 20 acres in lot area required for lots without services (two lots, approx. 1 'li - 2 acres each), rezoning was not a viable option. The second option, which was the one chosen by the applicant, was to proceed with a text amendment. Although staff may not disagree with the applicant's assessment that this would be a suitable use of this specific property, staff believe that there are other B-1 zoned sites in Shakopee that may not be appropriate locations for this type of use due to potential conflicts in uses. Based on these staff concerns, staff recommended consideration of this use as a conditional use rather than as a permitted use. As a conditional use, staff and the Board of Adjustment and Appeals will have an opportunity to review and add conditions as specific situations arise. DISCUSSION: The City Council reviewed this item at their January 6,2005 meeting, and after considerable discussion, directed staff to conduct additional research into other process options that may be pursued that do not require review of a text amendment, and options that would bring the application back before the City Council for final review/approval. One option that was suggested staff investigate was whether the city could grant a variance to permit a land use in a zoning district which does not allow that land use. Staffhas confirmed that this is considered a "use variance", which is specifically prohibited. ill the event that they were permitted, the Board of Adjustment and Appeals (BOAA) presently make the final determinations on variances, unless there is an appeal of the BOAA decision, which would then be heard by the Council. As staff sees it, the following are other options which are available to address the Council's desire to allow the proposed mini-storage on this site; . An amendment to the B-1 regulations to allow the use by CUP. Much like variances, the Board of Adjustment and Appeals has final approval authority for CUP's, not the Council, , unless there is an appeal ofthe Board's decision, which would then be heard by the Council. . A rezoning to I-I, which allows mini-storage by CUP. The City Council would have final authority on the rezoning, but the BOAA would have approval authority, not the City Council, ofthe CUP. This would also trigger the need for a text amendment to the I-I Zone's Design Standards, specifically to reduce the 20 acre minimum lot area requirement. . As in years past, the use could be permitted with PUD approval This would require a text amendment, and it would give City Council the final approval authority. However, staffs position is that this is not the kind of land use for which the PUD provision is intended, nor is the size ofthe parcel(s) consistent with the minimum requirements of a PUD. Based on the Council's comments/concerns, staffhas revised the draft ordinance in an attempt to address possible conflicts between potential sites and the adjacent uses. Those deletions are shown as struck through, and additions are shown as underlined and in italics. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this request at their January 6,2005 meeting and by a 7-0 vote, recommended approval of the request as presented. The Commission discussed issues regarding screening and lot coverage, but were comfortable with the language as presented; with the understanding that they will be able to review the site plans and apply additional conditions as necessary at the time of conditional use permit review. A copy of the report to the Planning Commission is attached for the Council's information. ALTERNATIVES: 1. Approve Ordimmce No. 724, an ordinance approving the text amendment to allow storage facilities as a conditional use in the B-1 Highway Business Zone, as presented. 2. Approve Ordinance No. 724, an ordinance approving the text amendment to allow storage facilities as a conditional. use in the B-1 Highway Business Zone, with revisions. 3. Deny the text amendment. 4. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion consistent with the Council's determination. ~ Planner I I ORDINANCE NO. 724, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11.36, SUBDIVISION 3, CONDITIONAL USES THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11.36, Subd. 3, Conditional Uses, is hereby amended by adding the following highlighted language. SEC. 11.36 HIGHWAY BUSINESS ZONE (B-1) Subd. 3. Conditional Uses. Y. self storage facilities, subject to the following conditions: 1. shall not allow maintenance of any vehicles on site, except within a building for minor maintenance such as tire inflation, addinf! oil, wiper replacement, and batterv replacement; 2. shall have a security system adequate to limit access to persons renting a storage site; 3. shall screen all storage, consistent with the Citv Code requirements; 4. shall be screened from all public right-of-way and residentially zoned laBd, use and/or zone, with an opaque fence, wall or berm not to exceed eight (8) feet in height, constructed of new materials (chain link with slats is not an acceptable screening material), and maintained in good condition; 5. exterior storage shall be allowed, provided that it shall have a maximum area that does not exceed equal ta the combined footprint of the principal and accessory buildings; 6. shall not be located closer than 1000 feet to any residential !lEI. and/or zone; and 7. shall be surfaced entirely with asphalt, concrete, or Class 5 aggregate. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of ,2005. Mayor of the City of Shako pee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2005.