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HomeMy WebLinkAbout1979 08-30 PCP PLANNING COMMISSION AGENDA STUDY SESSION August 30, 1979 1 . Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: August 16, 1979 4. Chairman's Explanation: The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings . In the matters concerned in these hearings, the Commission makes recommendations to the City Council . The City Council makes all final decisions on these matters. 5. Cass Screw Company 79053 . Variance from 100' buffer requirement where I-2 abuts R-1 for addition to existing plant at 4748 France Avenue North. 6. Cass Screw Company 79052 Site and Building Plan Approval of a 60' x 120' addition to the existing plant. 7. Comprehensive Plan Review - 9:00 p.m. Presentation by Bill Weber (and John McNamara) of BRW on implementation section of the Comprehensive Plan and a proposed Flood Plain Ordinance. 8. Discussion Items a. Ordinance amendment requiring 50' rear yard setback for principle structures from major : thoroughfares. 9. Other Business 10. Adjournment N • • r Planning Commission Information Sheet Application No. 79053 Applicant: Cass Screw Location: 4748 France Avenue North Request-: : Variance The applicant seeks a variance of 75' from the 100' buffer greenstrip required where I-2 and R-1 abut at a property line. The abutment involved is that of the Cass Screw property (I-2) to Outlots 1, 2 and 3, Ryan Lake Terrace Addition which are technically zoned R-1 since they fail to appear in any other zoning district. The Commission is referred to the information sheet and minutes for the previous meeting for more background on the requested variance. At the August 16th meeting, the Commission concluded that an inconsistency existed in the City's Zoning Ordinance relating to buffers separating Industrial and Multiple Family Residential . The inconsistency results from requiring an' industrial use to provide a 50' buffer when abutting R-4 through R-7 across a street, but requiring no extra buffer when abuttment is at a property line. Staff has prepared language for an ordinance amendment which would do away with the present inconsistency and would also allow Cass Screw to build the addition to their plant along the 25' setback line as proposed. If it desires, the Planning Commission may recommend approval of the proposed 25' setback either by means of granting a variance or by making certain findings concerning the Ryan Lake Terrace Outlots and adopting an ordinance amendment to Section 35-413. Granting of a variance is not recommended since the standards for a variance are not clearly met by this application. It is, therefore, recom- mended that the Planning Commission consider a recommendation to adopt the attached ordinance amendment and make the following findings concerning the Ryan Lake Terrace Outlots. 1 . That the R-1 zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional . 2. That the intent of the outlots is to limit or prevent access from the industrially zoned property onto 47th Avenue North 3. That for setback purposes the outlots should be considered to be what they would be used for under normal circumstances, namely, public right-of-way, If the-above findings are made, it shall be unnecessary to consider variances for any of the industrial uses to the..north of 47th Avenue, Nor.th so long. as :those uses conform to ordinance setb6c k requirements. The findings amount to a_declaration that, for zoning purposes, the Outlots shall be considered the same as public right-of-way. 8-30-79 Planning Commission Information Sheet Application No. 79053 Applicant: Cass Screw Company Location: 4748 France Avenue North Request: Variance The applicant seeks a variance of 75 feet from the required 100 foot buffer strip where I-2 and R-1 abut at a property line. The variance is in conjunction with and applies to site and building plan approval for a 60' x 120' addition to the existing Cass Screw plant along the present. 25' setback line. Cass Screw is bounded on the east by heavy industrial use, on the north by 48th Avenue, on the west by France Avenue, and on the south by three' outlots measuring roughly 5' x 130' and zoned R-1 by ommission from any other zoning district. The outlots abut 47th Avenue North and belong to the owner of the apartment building at 3401 47th Avenue North. On the south side of 47th Avenue North are eight apartment buildings in the R5 zone. The applicant has submitted a letter explaining his reasons for requesting a variance (attached) . In it he states that: 1 . The building would not be as efficient if the addition must be set back more than 25 feet. 2. The addition will align with the existing building and both will be kept free of openings. 3. The character of the neighborhood would not be changed. S4. There is ample separation between the apartments and the Cass Screw plant. As to the outlots (known as outlots 1 through 7, Ryan Lake Terrace Addition) and this R1 zoning: The outlots were included in the approved plat of the Ryan Lake Terrace Addition (Planning Commission Application No. 60115) for the purpose of denying access onto 47th Avenue North of any industrial traffic from existing or potential uses to the north. Their existence has effectively barred industrial development on the north side of 47th Avenue North, even though 47th Avenue North is a public street. When the Ryan Lake Terrace property was first zoned for apartments in 1962, the entire plat (including the outlots) was zoned R-B (a general apartment zone) . In 1968, the entire Zoning Ordinance was revised and the description of land included in the R-5 district was changed to read: "Lots 1 through 7, Block 1 , and. 0utlot 8, Ryan Lake Terrace Addition: Thus, Outlots 1 through 7 were . omitted and, failing to appear in any other district, must be considered R-1 property. Staff can find no documentation of intent on for this rezoning. The Comprehensive Plan speaks to this location on page 68 in the following terms: Encourage "cleaning up of the industrial area near Ryan Lake, specifically out- door storage of materials and equipment, thereby improving the visual appearance of the area for the benefit of apartment dwellers directly to the south." A proposed zoning map included in the Comprehensive Plan, however, shows the R-5 zoning district line running along the north side of 47th Avenue North. If the intent of the Plan were to change the zoning to R-1 , it would seem logical to show the zoning line on the south side of 47th Avenue North where it is now. 8-16-79 -1- { Application No. 79053 If the outlots were zoned R-5, the setback requirement would be only 10' from an interior lot line. Likewise if the outlots were zoned I-2 or any other zone except R-1 , R-2, or R-3, which require a 100' buffer greenstrip. The previous owner of the outlots in question has indicated, moreover, that the zoning of the outlots was never taken into consideration in the platting or rezoning of the Ryan Lake Terrace Addition. Also,the City Attorney has indicated - that an R-1 is "unreasonable" since the lots are not even buildable. In light of the unique circumstances surrounding the parcel , staff recommends that the Planning Commission take two actions regarding the proposed variance: 1 . Make a finding that the R-1 zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional . 2. Recommend approval of a variance which is based on -what the Outlots would be used for under normal circumstances, namely for public right-of-way. Such a variance would seem to meet the ordinance criteria of uniqueness, hardship, and compatibility with surrounding land uses. A variance based on the above-stated rationale, however, would be only 50' rather than 75' which the applicant seeks. If the above-stated reasoning is accepted (and made a part of any variance recommendation), any variance greater than 50' should be allowed only after amendment to. the City's Zoning Ordinance Section 35-413 (1 ) . 8-16-79 -2- Planning Commission Information Sheet Application No. 79052 Applicant: Cass Screw Company Location: 4748 France Avenue North Request: Site and Building Plan Approval The applicant seeks site and building plan approval of a 60' x 120' addition to the existing screw manufacturing plant at 4748 France Avenue North. The addition " is proposed for the east side of the building and will be used primarily for storage with some manufacturing: The application was tabled by the Planning Commission at its August 16, 1979 regular meeting until an ordinance amendment dealing with buffers between Industrial and Multiple Family Residental districts can be decided on. Your attention is directed to the information sheet prepared on Application No. 79052 for the previous meeting. Should the Commission recommend approval of the proposed ordinance amendment, approval of the present plan would be recommended subject to at least the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire ex- tinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. All outside trash disposal and/or rooftop mechanical equipment shall be appropriately screened from view. 6. B-612 curb and gutter shall be provided around all driving and parking areas. 7. An underground irrigation system shall be provided in all landscaped areas to facilitate site maintenance . ` �. Plan approval is contingent upon the adoption of an ordinance amendment reqarding buffers between Industrial and Multiple Family Residential districts. Building permits will not be issued until that amendment is effective. �- - 0-41w �:e� 8-30-79 c ,/emu rX Planning Commission Information Sheet Application No. 79052 Applicant: Cass Screw Company Location: 4748 France Avenue North Request: Site and Building Plan Approval The applicant seeks site and building plan approval for a 60' x 120' addition to his existing screw manufacturing plant at 4848 France Avenue North. The . property is zoned I-2 and is bounded by France- Avenue North on the west, by 48th Avenue North on the north, by a heavy industrial use on the east and by Outlots 1 , 2, and 3 of Ryan Lake Terrace Addition on the south. The addition is proposed for the east side of the building along the present south wall line, 25' from the south property line. The additional 7,200 square feet of space will be used primarily for storage with some space used for manufacturing, both permitted uses in the I-2 zone. The applicant also proposes to install a newly paved parking area with 46 parking stalls. The plan shows 13 additional stalls on the site for a total of 59. The ordinance formula of one stall per 200 square feet of office space and one stall per 800 square feet of industrial space results in 55 required spaces (2,628 sq. ft. office; 33,337 sq. ft. industrial ) . The proposed addition includes a single truck dock on the east end of the north wall . A 20 foot roof overhang is proposed on the north side of the addition for covered outside storage and for the dock area. An illegal driveway leading onto 47th Avenue North will be closed and all truck access will be primarily off 48th Avenue North. The plans indicate elimination of nonconforming parking on 48th Avenue North and construction of a new parking lot on France Avenue North. Three light standards are indicated along the east portion of the site and an 8' high wood fence is proposed on the south side of the parking lot consistent with the building setback line. of 25 feet. Drainage on the east portion of the site is to be handled by a gutter running along a line consistent with the west edge of the new parking lot. The existing Cass Screw facility is nonconforming as to structure, but not use. The City has allowed nonconforming structures to expand along current setback lines. Because the addition to the building will require a variance from such setbacks and possibly even an ordinance amendment (see information sheet for. 79053) , it is recommended that this application be tabled until the setback issue is resolved. 8-16-79 J IL R 5 AKESIDE PARK J A E N AX IT VA\ 1 ! T 51 ST AVE N. / LIRI" . NAPPY HOLLO I-2 � �.. / PARK 4 4 -- �.� TM AVE N. — - - -+ - o --- _ O APPLICATION NOS. ! _ -. T 79052 and 79053 49TH i ! " ,�E 1 ! ! 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