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HomeMy WebLinkAbout[06] Special Use Permit, 414 CR 75 (North Country Truck Sales)crr~'[3FbT.J(1SE~1'H Planning Commission Agenda Item 6 MEETING DATE: AGENDA ITEM: SUBMITTED BY: STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: February 2, 2009 Special Use Permit, North County Truck Sales 414 - CR 75, Used Auto Sales in a B2 Zoning District Administration BACKGROUND INFORMATION: The property in question has been used previously as a used car lot. At the time that car lot was in operation it was a use that was grandfathered in from the Township. Since the use has ceased for over one year, the right to continue the use lapses. The 62 Highway Business Ordinance requires issuance of a special use permit to sell new or used automobiles in a Highway Business. The sale of trailers is similar in nature to that of automobiles and can be permitted through special use. The Planning Commission should consider prohibiting the use of banners and flag on the vehicles as this tends to clutter the property and the CR 75 Corridor has high aesthetic requirements. The only open item is if the Planning Commission is going to require the area where the vehicles are parked to be paved. The City did require MN Home Improvement to pave, although we did give them a year to make the improvement. What is difficult about this site is that you cannot pave without dealing with surface water management. ATTACHMENTS: Hearing Notice, application, site plan, Ordinances, resolution of findings REQUESTED PLANNING COMMISSION ACTION: . ~ CITY O~ ST. OS~pH 1 u~.a. ~~. ~ i~~ of stj~,tit~~~~~.c~~ni Public Hearing City of St. Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, February 2, 2009 at 7:10 PM. The purpose of the hearing is to consider a Special Use ;1d.„ nu;lr~nur Permit to allow for the sale of new and used trailers as well as used autos. ~"`~~~ ~`~~"~"' The property is legally described as: 2.SOA. that part of E2NE4 lying S'LY of CO RD 75 and N of FDL BEG 115.50' N of SW cor of SE4NE4 - S84D E 75.60' - S87DE 120' - S84D E 601.22' to ELN OF W793.88 term. M<,~-<~~ ,11 Rt,S,~t~r St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in C,cwncik~rs Section 52.07.03 of this Ordinance: S<<~r, l=,~j„~ e) New or used auto dealerships 13~,k~ I ~»~~ ~c~n~°e S~-~„~,~,~~~IZ David Fimrite, North Country Trailer Sales LLC, 6025 18t1i Street N, St. Cloud, MN 56303 has submitted the request for Interim Use. I )~~h~ u%"i~ k Judy Weyrens Administrator ti~ s ,;~"' }ti ~ccr>« ~~o err - r~~o°7s `err; au.rq--~ Clio ~ ~:~~'"" - `~'~°~~_ _ Proposed location of -'' -~ ~~14 ~ special use aos ~;~ aos~ ___-.- T07 `805 ~ 81325 1007 '133 ii ~713 ~1. ..,.1. _..,~-._ _.. 134 E~~~~ , +'"`T08 ~ I 1 ( I 91~' 1QOB 10 I ~e.~ ~? __ rrnn 814818 I~'~, ,,,,,, , z; C~allc~;r ;'~~rnu~• Ns>rth PC) li~~x 608 0~~int (ose~~~h. !~'linnc•suttj i~'3'4 hhc~nr 3zo.y63.)zc~i ~~~i~ 3zo.sb3 o3gz APPLICATION FOR SPECIAL USE PERMIT STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) City of St. Joseph 25 College Avenue N PO Box 668 St. Joseph, MN 56374 Phone (320)363-7201 or Fax (320)363-0342 NAME: ( 1. ..'' ADDRESS: ~'~ b~Q I/VI/e, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with the ordinance requirements.) 1. Application is hereby made for a Special Use Permit to conduct the following: ... _ .._ / _ __ ....._._._ .........._. S 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any (attach additional sheet if necessary): S~crT j ~ k- ~ ~ + T~ ~+.3 v~. tJ k ~ f ~ ~ ~ / - / ~ -~.~~-,.fly s C o.~ -~.T.~ , ,~.~ ~ Fee $ ~~. Paid / Date ,'~ -~C PHONE `~ ~ .~~~~~~ 3. Present zoning of the above described property is: C ~ ,,,.,~ ,,,,~,~ r. c ~ a~.- L 4. Name and address of the present owner of the above described property: 3 S® y ~' Rue . /`~ • E . ~. Is the proposed use compatible with the future and present land uses of the area? Please explain: Yes ~ No r o~.e r ~ L.. ~ °- 5 ~ ~ r lh~. ~ ~ l .~ u-s ~ 6. Will the proposed use depreciate the area in which it is proposed? Please explain: Yes ~ No o -s--'t- ~ C *-+'t' y- `Ti^-` ~i L ..~ Y ~-L ~ S ~ rc.o~ l ~ T`-- ~j ~ ~ __ ~~ y 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: ~, Yes ~'"; No _.. _ ._ _ __ 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes ~ No ~ ~ 4ttached to this application, and made a part thereof, are other Applicant Signature: 4pplicant Signature: Date: ~ ~ b _ ~ Date: FOR OFFICE USE ONLY )ate application submitted: Date application completed: tanning Commission Action: r" Recommend Approval ("` Recommend Disapproval Date of Action: ity Council Action: r"! Approved J- Disapproved Date of Action: submission data requirements, as indicated. gate Applicant/Property owner notified of City Council Action: LEASE THIS INDENTURE OF LEASE, made and entered into this 1 day of .-*~- ~~by and tween Q-. U u-G(hereinafter collectively called "Lessor"), and o '~' ~ (hereinafter called "Lessee"). WITNESSETH, that PREMISES. The Lessor does hereby lease unto Lessee and the Lessee does hereby take from Lessor, the land, as per the specifications and plans which are attached hereto, and incorporated herein by reference as Exhibit "A.". Q. TERM: The term of this Lease (hereinafter called "Lease Term") shall be for a period of ~F 1~(Z commencing on the day of ~ QO,¢~. ~-t.B~C.~' Ta G1TY ~uAt- ~h- SP~GI+°~t-- c-('S1= Q'~,~ ~ 1 3. OPTION FOR EXTENSION OF LEASE TERM. The Lease shall be automatically extended unless the Lessee gives written notice to the Lessor of its intentions not to extend said Lease at least 60 days prior to the expiration of all extended terms. Each extended term shall be upon the same terms, covenants, and conditions as provided in this Lease for the initial term. Any termination of this Lease during the initial or any extended term shall terminate all rights of any further extensions hereunder. 4. RENT. Lessee shall pay to Lessor the sum of ~ d~ Dollars on the first day of each month for which the rent is due: ~~~ ~ . 5. ~E. Lessee shall use the Leasel rremices fir the rur~se o ~ ~L d any products related or incidental thereto, and for no other purposes. No part of the Leased Premises shall be used for purpose which is illegal, immoral, offensive, or which may cause a cancellation of any insurance policy covering the building or which may increase the premium therefor. G. ALTERATIONS. Lessee shall make no alterations, additions or changes in the Leased Premises without the prior written consent of Lessor, which consent Lessor covenants shall not be unreasonably withheld. Any alterations or additions other than Lessee's fixtures of said equipment, shall remain as Lessor's property and shall be surrendered with the Leased Premises as a part thereof 7. FIXTURES. Lessee may, but will not be required to, at anytime during the continuance of the Lease Term or within a reasonable time after termination of the lease hereof; remove from the Leased Premises shelving, fixtures and other equipment which Lessee may have installed at its own expense in said Premises or otherwise acquired; provided, however, that Lessee shall pay the cost of such removal and shall repair at its sole cost and expense any damage caused by such removal, reasonable wear and tear, Act of God, damage by unforeseen causes and insured casualty excepted. s. INSURANCE. Lessee shall at its own cost and expense, maintain general public liability insurance, insuring against chums for bodily injury, death or property damage occurring in 2 or about the Leased Premises with limits of not less than 2.~y' ~ ~~ _ Dollars in es t t ~ injury or death of one person, and to the limit of not less than ~~~_~'~ Dollars in respect to any one accident and to the limit of full insurable value in respect to property damage. Said insurance policy shall designate Lessor as an additional insured as its interest may appear. Lessee shall obtain and maintain in force at all times during the term of this lease a policy or policies of fire and extended coverage insurance of the building of which the Leased Premises are a part of not less than one hundred (10096) percent of the insurable value of said property. Lessee shall pay to Lessor within thirty (30) days of the notification of the amount due hereunder the insurance premium due and payable for the fire and extended coverage insurance in force and effect during the lease term. In the event the Leased Premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee shall claim no interest in the insurance settlement arising out of any such loss with respect to the insurance coverage purchased by Lessor in accordance with the above paragraph. Lessee will execute all documents required by Lessor or any insurance company or companies that may be necessary for use in connection with settlement of such loss on the Leased Premises; provided, however, that Lessee may make claim on any policy of insurance that it shall carry with respect to fire or other casualty for inventory or equipment which Lessee maintains in the Leased Premises. s. COMPLIANCE WITH LAWS. Lessee shall, at its own expense, comply with all of the requirements of Federal, State and Municipal authorities now in force or which may hereafter be in force pertaining to the use of said Leased Premises, and shall faithfully observe in said use all Municipal ordinances and State and Federal statutes now in force or which shall hereinafter be in force. lo. ASSIGNMENT. Lessee shall not assign or in any manner encumber this Lease, nor sublet the whole or any part of the Leased Premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. 11. RIGHT TO ENTER. Lessor, or other authorized agent or attorney, may during normal business hours, enter upon the Leased Premises for the purpose of inspecting or maintaining the same or to make repairs, or to make such improvements in the Leased Premises or other premises in the building as the Lessor may deem proper and there shall be no abatement of rent nor shall Lessor be liable for any loss of occupation or quiet enjoyment of the Leased Premises thereby occasioned. However, if Lessor makes repairs, alterations or improvements, and any such repairs, alterations and improvements cause Lessee to close its business for a certain period of time due to loss of business as a result of such repairs, alterations or improvements then Lessor shall make a reasonable abatement of rent, and other costs related to the building, during this closing. ~Q. INDEMNIFICATION. Lessee agrees to indemnify and hold Lessor harmless from any and all liability resulting from Lessee's use of the Leased premises or resulting from any repairs or alterations which Lessee may make upon the Leased Premises. Lessor agrees to indemnify and hold Lessee harmless as a result of any claim, loss or damage or liability or expense arising out of or resulting from any affirmative act, negligence, or omission of the 3 Lessor or its agents, contractors, subcontractors or employees, resulting from any repairs or alterations which Lessor may make upon the Leased Premises. 1s. WAIVER QF SUBROGATION. Lessor and Lessee hereby release each other from the covenant that neither shall be liable to the other, the other's insurance carrier or carriers, or anyone claiming under or through the other for all liability for loss or damage whatsoever occasioned to property owned by said parties which is caused by or might be incident to or may be the result of fire or any other casualty against loss for which either party is covered by fire, extended coverage or other insurance policies, to the extent of such coverage, regardless of the cause or origin of such loss or damage, specifically including the negligence of the other party, the other's agents, employees, invitees or guests. Provided, however, that this waiver shall apply only when it will not exclude or reduce any benefits which would otherwise be payable under any policy of insurance. 14. CONDEMNATION. If the entire Leased Premises or the building on which the Leased Premises are located are taken by eminent domain or condemnation proceedings, this Lease shall automatically terminate as of the date of taking. In the event a portion of the building, or Leased Premises is taken by eminent domain or condemnation and such taking renders the Leased Premises unsuitable for the carrying on of Lessee's business therein, Lessee shall have the right to terminate this Lease as of the date of such taking, provided he give written notice to Lessor thirty (s0) days prior to such taking. If a portion of the building on Leased Premises is taken by eminent domain or condemnation and this Lease is not thereby terminated, the Lessor shall, at their expense, restore the Leased Premises to as near the condition which existed immediately prior to the date of taking as reasonably possible, and rent shall abate during such time the premises are untenantable or partially untenantable, in the proportion that the untenantable portion of the Leased Premises bears to the entire Leased Premises. In the event of any condemnation as aforesaid, either whole or partial, Lessee shall not be entitled to any portion of the award paid for the condemnation and Lessor is to receive the full amount of such award, Lessee hereby expressly waiving any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises shall belong to Lessor, Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor; such compensation as may be separately awarded or recoverable by Lessee on account of any and all damage to Lessee's business by reason of the taking and for or on account of any cost or loss to which Lessee might be put in removing its furniture, fixtures, leasehold improvements and equipment. 15. DESTRUCTION. If the Leased Premises or Building are damaged or destroyed by fire or other casualty so as to make the Leased Premises untenantable, and if such damage or destruction cannot be repaired within sixty (60) days of the date of such damage or destruction, either Lessor or Lessee shall have the right to cancel and terminate the Lease as of the date of such damage or destruction by giving to the other party written notice of an intention to do so within ninety (90) days after the date of such damage or destruction. If such notice is not given or if the damage can be repaired within sixty (60) such days, the Lessor may at their own expense, restore the Building or Leased Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and rent shall abate during such period of time as the leased Premises are untenantable in the proportion that the untenantable portion of the Leased Premises bears to the entire Leased Premises; provided, however, that in the event the Leased Premises are not so restored within sixty (60) such days, excluding from said period loss of time caused by delays beyond Lessor's control, either party may upon the expiration of said sixty (so) day period by notice to the other party terminate this Lease as of the date of damage or destruction. is. REPAI .Lessee covenants that throughout the term of this lease it will, at its sole cost and expense, maintain the Leased Premises and keep the same in good order and condition and shall promptly, at Lessee's own cost and expense, make all necessary repairs within the interior of the Leased Premises. Lessee shall further keep and maintain in good order and repair the structural parts, at no cost to the Lessor, of the Leased Premises and building facilities appurtenant thereto, including but not limited to, the roof, walls, foundation, canopy, exterior finishing, glass, doors and exterior plate glass. 17 SURRENDER. Upon the expiration or termination of the Lease Term, Lessee shall remove its goods and effects and those of all persons claiming under Lessee and shall quit and deliver up the Leased Premises, and all thereof, to Lessor peaceably and quietly, in as good order and condition as the same were in on the date the Lease Term commenced, reasonable wear and tear, damage by Acts of God and unforeseen causes, and loss by insured casualty excepted. 18. HOLDING OVER Should Lessee continue to occupy the Leased Premises after expiration of the Lease Term or any renewal or renewals hereunder, such tenancy shall be from month to month. 19. DEFAULT. Lessor hereby agrees that in case Lessee shall default in making its payments hereunder or in the observance or performance of any of Lessee's other covenants, agreements, or obligations hereunder, or if Lessee shall vacate the Leased Premises or be adjudged bankrupt or insolvent, or if a proceeding be commenced against Lessee for the purpose of subjecting the assets of Lessee to any law relating to bankruptcy or insolvency, Lessor shall give Lessee notice of such default. Lessee shall cure such default, if it consists of the failure to pay rent or make any other money payment, within ten (10) days following the giving of such notice and the Lessee shall commence to cure any other default within thirty (30) days following the giving of such notice and shall diligently proceed and complete the curing within a reasonable time. If Lessee fails to cure such default after notice as hereinabove provided for, then, in that event, the Lessor may, in addition to rights or remedies available to Lessor by law, without process, renter into the Leased Premises and remove all persons and property therefrom, and at its option, terminate this lease as to all future rights of Lessee and have, regain, repossess and enjoy the Leased Premises as in the first instance, anything herein to the contrary notwithstanding, the Lessee hereby waives the service of any notice in writing of intention to re-enter as aforesaid, and also all right of restoration to possession thereof. Incase of any such termination, the )~.essee will be liable for and will indemnify the Lessor against all loss of rents and other damage which Lessor may incur by reason of such termination during the residue of the Lease Term, and also against all reasonable attorneys' fees and expenses incurred in enforcing any of the terms of this Lease. Neither acceptance of rent by Lessor, with or without knowledge of default, nor failure by Lessor to take action on account of any default hereunder or to enforce its rights hereunder shall be deemed a waiver of any default or right, and absent written notice or consent, said default shall be a continuing one. Lessor shall not be deemed in default of any of its obligations hereunder unless and until Lessor shall have failed to commence performance of such obligations within thirty (30) 5 days after notice in writing to Lessor by Lessee. In the event Lessor does not diligently proceed to cure such default upon notice, and such default is not cured within a reasonable time, Lessee may at its option terminate this Lease or may incur any expense necessary to perform the obligation ofLessor specified in such notice and deduct such expense from the rent next becoming due. ~0. OFFSET. ATTORNMENT AND SUBORDINATION. Within ten (l0) days after request by Lessor, or in the event that upon any sale or assignment of the Leased Premises by Lessor an offset statement may be required of Lessee by Lessor directed to a party or parties designated by Lessor, Lessee agrees to deliver in recordable form a certificate certifying that this Lease is in full force and effect, that there are no defenses or offsets thereto or stating those claimed by Lessee. In the event Lessee should refuse to execute and deliver same said statement and/or certificate, Lessor shall have (in addition to all other rights and remedies provided hereunder and as provided bylaw) the right to cancel this Lease by giving Lessee an additional ten (10) days notice in writing, whereupon this Lease shall be of no further force or effect. Lessee shall, in the event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mortgage made by Lessor covering the Leased Premises, Lessee shall pay any and all rental payments due hereunder to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease. Lessee agrees that this Lease shall be subordinate to any mortgages or trust deeds now existing or that may hereafter be placed upon the Leased Premises or any part thereof and to any and all advances to be made thereunder and to the interest thereon and all renewals, refinancing, replacements and extensions thereof. Upon request by Lessor or any other party in interest, Lessee shall execute and furnish promptly such instruments or certificates as may be requested to carry out the provisions of this paragraph and failing to do so within ten (10) days after demand in writing, Lessee does hereby make, constitute and irrevocably appoint Lessor as attorney in-fact for Lessee with full authority and power to execute and deliver the same in the name of Lessee without Lessor incurring any liability whatsoever on account thereof. ~ 1. QUIET ENJOYMENT. Lessor covenants that Lessee, on paying the rent and performing the covenants hereof, shall at all times during the term, peaceably and quietly have, hold and possess and enjoy the Leased Premises. QQ. SIGNS. Lessee shall not erect any sign or signs on or in any exterior windows or doors of the Leased Premises or any other portion of the Leased Premises having exposure to the exterior of the building of which the Leased Premises are a part without Lessor's permission, which permission shall not be unreasonably withheld. 23. NOTIC .Any notice required by the terms of this Lease to be given to the other party hereto shall be deemed to be duly given if addressed to such party by registered mail at the address following: If to Lessor: ~uu+f~ cj~u1R'(~~ ~Z-(U~'~'yyl~ttTS ~LG A~TN ~ n1~}~K t70'RN 35a ~{~t ~4~~ N ~. I,J~ri~. P~4~•~.,Mr~ ~~o3`b7 ~o r-r-~ Ca ti.~..~ j ro-~ ~r Ste.-~-es~ L L ~ ~oa-5' ~~'`'^~Sf. n~ ~ s If to Lessee: ~' ~ C l ~ `~-~1 . ~"~ ~' `~' ' ° 3 or such other place as may be specified in writing by the party. 24. HEIRS. ASSIGNS ETC Each provision herein shall bind and inure to the benefit of Lessor and Lessee as the case may be and to their respective heirs, executors, administrators and/or assigns and successors. 25. RECORDING. If either of the parties hereto desire to record this Lease, the Lessor and Lessee agree to execute a short form of this Lease, which short form Lease Lessor will cause to be recorded in the appropriate public office for that purpose. 26. NONCOMPETITION. During the term of this Lease, Lessee shall not directly or indirectly operate or conductor be in any way financially interested in business of similar kind and character to the one conducted in the Leased Premises, which shall be located within a radius of -Q~~i (~) mile(s) of the Leased Premises. Lessor likewise covenants that they will not lease any portion of the remaining premises which they own to a business substantially similar to Lessee's. 27. CAPTIONS AND PRONOUNS. The captions and headings of the various paragraphs of this Lease have been inserted for convenience only and shall not in any manner be construed as confirming, affecting or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be interchangeable. • 2. ENTIRE AGREEMENT. This instrument and any rider attached hereto contains all the agreements and conditions made between the parties and may not be modified, altered or amended in whole or in part unless reduced in writing and signed by both parties hereto. IN WITNESS WHEREOF, the Lessor and Lessee have hereunto set their hands as of the date first above written. LESSOR: ~L(~ ~U, ~~ / n uF~~w1E1tT~ • I~C.C. LESSEE: ~o y + ~ u.--~~iiy ~ o.-~ The undersigne3, and ~ ~ Y hereby acknowledge the terms an co itions of the above-descri ,and covenant d agree to assume personal liability fo ,and personally guarantee said terms and conditions, including any extensions thereof. Dated this ~ day of ~~~ . 20~. ~ ~ ~ J z ? m r~ v o ~ a -~ ~/ ~ d x ~ m ~' ~ o a r n Fri m -~ a ~ o a ~ ~ ^! y y y O r n -'{ H 'sJ -~r ~~ ~~ y y~ C~ CG ~~ d . r:, . ~ N y~ 00 C~ ~~ z ~' w ~ O N z x O y r r n d .- A ~ ~ ~e .. dr rz ~~ Cy ~~ ~~\./y l'~ a C" C=7 z 7~ d O~ ~+ J y 0 z ~r z ~7 w 0 N O O ~D N _r /• V n (D _. --h /^ e-f- H Y H z z 0 y a ~~* °` ` ..k IyAiNNESOTA '~EPARTNIENT OF SIC SAFETY ,~~ ~ :~ LAiIVER AND VEHICLE SERVICES ~' 445 Minnesota Street, SuiUe 186, St. Paul, MN 55101-5186 •~~•_ w__ ~Y, PHONE: 651-296-2977 FAX: 651-297-1480 EMAIL:'DealerGZuestion~mrxirivseinfo.org ~~'~ ~~ DEALER iIU~ER: DATE RfCEMED: INIIUII.S: Minnesota lfehicle Dealer License -Zoning Yer~ificetion The Zoning Official for the jurisdiction in which the dealership resides must complete this form. Zoning District: This form is for (check one): ~ Primary Location DEAL ^ Additional Location (Attach a separate Commercial Checklist P52410 for each location) Stce~ City _ s~ T ~ --~ ~ s ~" p ~~- State '~ Zip `',County _~~~-4- °~ Y- Yt. S Type of Dealer's License (check one) NEW ^ USED ^ LESSOR ^ WAOLF.SALER ^ BROKER ^ AUCI70NEER ^ SALVAGE POOL ^ LIMITED U8E VEA(,'II.E Please.cbeck approprwte statement: ^ This dealership is permitted use within the above zoning district for the type of business indicated above and there are no zoning complaints or enforcement actions pending at this time. ^ This dealership is .permitted conditional rase within the above zoning district for the type of business indicated above and there are no zoning complaints or enforcementactions pending at this time. (Mwst attach a copy of the conditional rase permit) Printed Name of Zoning Authority: Zoning Authority Phone Numt~r (_, X (Signature of Zoning Authority) Subscn'bed and sworn to before me-this day of ZO NOTARY PUBLIC COUNTY: MY COMA+nSSION Is'XPIRES PS2421-01 UataVlewUnlme Map Page 1 of 1 North Country Trailer Sales 5peaal Use Hermit Aoolfcation - Z-Z-09 ~•`i5 „p~ ---- ~ , ~, ~ 7,, i ~, lid-1 " ~ 75 _. __ r.o i?n -s i -- - ~~ - ~ .. ~ ry R ..... , „ . . 414 !iF 1`ts~rl - '°-- . .__..:.._..,:._ ~~ I ~ ~• aD9 ~ _---- 400 {---- t •~ ~-- i ~~ III ,.~- .~- i ~ .,, ~ 1007 l !'' f a I w ... 8D5 813 ~ 825 ~ 619 - ,-,_ i 7D7 ( 713 i 7 ___ --- ~' ---- -- ~ -- ----_ J - ~F_ ~~__..- 134 __,_..._ _ rJ~;NP:ESOTA'ST ~ ~ MEra<ESCiTfR 5T ~ ~?~«` __ - 1!° ~ ', ~ .r ~,., f~" 4~... ~"` _-~---'-• _.-=~ j--'-- ~~ r,:. 'e :~~ ~ 4 ~y 9D6~ 912 1DD~5 _ '~` .. Il a ~' ~{ 814 818 822 • 902 ..-.- .~,.,, ~. i f,OS 512 a ~ 708 „• 714 8D4 810 n ;,:. '~ y 742: e > ..~ 4 t. r~ 4 ... ~ r _11..s./ 23 - ~ ~ ~~ , 811 ! 815 - 817 ' 901 f 907'" 911 i t 913 I 24 803 =' - __--_-- --- 8D 7 ~ ~------ _ i -- - Copyright ~ SEH 2DO3 ~ = ---- - - ---- 0 174ft ;.~~t `: ~ E Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. https://portal.sehinc.com/sehsve/html/dvo/mapLayout.htm l /29/2009 ORDINANCE 52 -ZONING ORDINANCE Section 52.32: B-2 HIGHWAY 75 BUSINESS DISTRICT Subd. 1: Intent. The Highway 75 Business District is intended to control the use and development of land and improvements by creating a mixed land use district near and adjacent to the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by allowing for a mixture of land uses and by establishing stringent standards for development. This section shall be administered in a manner which will encourage and promote high-value development in a manner similar to a planned unit development, taking full advantage of the City's highway location. It is also the purpose of the Highway 75 Business District that a pleasant, attractive, and aesthetically pleasing environment be developed. Subd. 2: Permitted Uses. The following uses are permitted: a) Business Services 1. Banks 2. Office space b) Food Services. 1. Grocery stores 2. Supermarkets 3. Restaurants, except drive-thru restaurants 4. Delicatessen 5. Bakeries whose product is sold at retail on premises c) Personal Services. 1. Multiple Retail 2. Drug stores 3. Hardware stores 4. Book stores 5. Discount (`Big Box') retail stores 52.32-1 ORDINANCE 52 -ZONING ORDINANCE 6. Retail apparel stores 7. Flower shops 8. Beauty shops and salons 9. Photography shops and studios 10. Funeral homes d) Medical Services. 1. Medical clinics 2. Dental clinics 3. Veterinary clinics 4. Other institutions providing health care. e) Farmers Market for the sale of produce only. Notification and the submittal of a plan to the Planning Commission is required. f) Movie and Performing Arts Theaters. g) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Highway 75 Business District and subject to all the requirements in this Section: a) Commercial or business building for a use accessory to the principal use, not to exceed 30% percent of the size of principal structure. b) Signs which meet the criteria of Subdivision 9 of this section. c) Temporary buildings for construction purposes for a period not to exceed construction. d) Off-street loading and parking areas, subject to applicable section(s) of this Ordinance. e) Fences, landscaping. 52.32-2 ORDINANCE 52 -ZONING ORDINANCE Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance: a) Auto malls andlor automobile service and gas stations, provided that: Motor fuel facilities are installed in accordance with state and city standards. 2. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. 3. Wherever fuel pumps are to be installed, pump islands shall be installed. 4. A protective canopy located over the pump island(s) may be an accessory structure on the property; however, adequate visibility both on and off site shall be maintained. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. b) Office warehousing. c) Lawn and garden temporary sales area. d) Lumber yards and home improvement retail centers. e) New or used auto dealerships. ~ Stone building material sales and service. g) Recreational vehicle sales and services. h) Transportation terminals, public utility and transfer stations, without storage yards. i) Equipment Services. Radio and television shops 2. Appliance repair shops Appliance show rooms 52.32-3 ORDINANCE 52 -ZONING ORDINANCE j) Recreational Services. 1. Theaters 2. Bowling establishments 3. Clubs and lodges k) Hotels 1) Motels m) Drive-through and convenience food establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. n) Commercial car washes (drive through, self-service and mechanical) provided that stacking space is constructed, subject to approval by the City Engineer, to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period. o) Convenience Store with gasoline, provided that: The sale of food items is in compliance with state and county standards and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location. 2. The approximate area and location devoted to non-automotive merchandise sales shall be specified in general terms in the application. Motor fuel facilities are installed in accordance with state standards. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. 4. Wherever fuel pumps are to be installed, pump islands shall be installed. A protective canopy located over the pump island(s) maybe an accessory structure on the property however adequate visibility both on and off site shall be maintained. 6. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 52.32-4 ORDINANCE 52 - 7ON1NG ORDINANCE p) Postal Stations q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 5: Conditions Applicable to All Special Use Permits. The following conditions arc applicable to all uses under a special use penmit: a) When abutting a residential use in a residential use district, the property is adequately screened and landscaped. b) Parking areas shall be screened from the view of abutting residential districts. c) Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, shall comply with all appropriate Chapters of this Ordinance as may be amended and shall be subject to the approval of the City Engineer. d) Provisions are made to control and reduce noise in accordance with MPCA standards. e) The entire site other than that taken up by a building, structure or plantings shall be surfaced so as to control dust subject to the approval of the City Engineer. f) The entire area shall have a drainage system subject to the approval of the City Engineer. g) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. h) All outdoor storage shall be completely screened from view. Subd. 6: Setback Requirements. a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100 feet, except lots platted prior to 1950. b) Property adjacent to County State Aid Highway. Shall have a ten (10) foot landscaped setback from the highway right-of--way line. Any structure shall have a twenty (20) foot setback from the highway right-of--way. c) Front yard. Setback shall be twenty (20) feet from the lot line. 52.32-5 ORDINANCE 52 -ZONING ORDINANCE d) Side. Setback shall be ten (10) feet from the lot line. If the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. e) Rear~rd. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. f) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Subd. 6: Hei hg t Requirements. a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 7: Site Coverage. No structure or combination of structures shall occupy more than 60 percent of the lot area. Subd. 8: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in Section 52.10. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading_Docks. All loading docks shall conform to the standards set forth in Section 52.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), post frame/steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8") above the final grade, and stick built construction. Pre-finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, maybe used as a construction material. The exterior building finish of fifty (50%) percent of all four sides of the structure, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide as much adornment as is possible considering their exterior finish limitations. d) Screening. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as determined by the Planning Commission. 52.32-6 ORDINANCE 52 -ZONING ORDINANCE e) Lighting. All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development. f) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas. g) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. h) Suns. All proposed business signs shall be an element of the Development Plan. All signs shall conform to the Subd. 10 of this Section. i) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. Subd. 9: Development Plan Requirements. No building permit shall be issued until the Planning Commission reviews the development plan to determine that the use and development is compatible with adjacent land uses, and consistent with the stated intent of this zone. The requirements of this Subdivision shall not apply to additions to existing buildings which will increase the size of the building by 25% or less. Upon the request of the Planning Commission, the City Council will make the final determination on site plan approval. The developer shall provide the following items to the Planning Commission for any development located in the Highway 75 Business District: 52.31, Subd.9 amended 4/2005 (*section subsequently renumbered) a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. 52.32-7 ORDINANCE 52 -ZONING ORDINANCE 1) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. o) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). p) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. q) Required Fee/Agreement. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. Development A~-eement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the property owner(s) and/or developer(s) enter into a development agreement with the City. The development agreement shall stipulate the conditions for approval and the City's authority to inspect the development. The agreement shall further require the owner or developer, as the case may require, furnish a cashier's check, escrow account or irrevocable letter of credit in favor of the City in an amount equal to 1 ] 0% of all costs associated with City's review of the development, including but not 52.32-8 ORDINANCE 52 -ZONING ORDINANCE limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the City Attorney, shall be conditioned upon the approval of the development plan. Subd. ] 0: Sins. In the B-2 Highway 75 Business district the general provisions apply to all signs. a) Business and Wall signs may be erected, attached or painted on to a structure and Advertising signs shall be prohibited. They are defined as follows: Business Sign. A sign that is related to the business located on the same property to which it is located. Wall Sign. A sign painted or placed against or attached to the exterior wall surface of a building or structure. Advertising Sign. A sign which directs attention to a business, profession, commodity, service or entertainment which is sold or offered on a premise other than that on which the sign is located. b) Business signs may be erected, attached or painted on to a structure, and maintained in conjunction with a commercial use provided: Signs shall have a surface area not exceeding one hundred square feet per sign face with an aggregate total not to exceed two hundred (200) square feet if double faced. Such sign except a directional sign, is erected only on the premise on which the use, to which the sign relates, is conducted. Notwithstanding the above, where two or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation maybe permitted to display an individual business sign as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. For the purpose of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All freestanding Business Signs shall be landscaped around the base. 52.32-9 ORDINANCE 52 -ZONING ORDINANCE Except for monument signs, the surface area of the base of any Business Sign shall not exceed 25% of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. The maximum height of a Business Sign shall be 15 feet. 52.31, Subd. 10.b. amended 4/2005 (*section subsequently renumbered) c) Wall signs maybe placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: l . That the wall sign does not exceed one and one-half (1 ''/z) square feet per lineal lot front foot or fifteen percent (15%) of the building frontage area or seventy five (75) square feet, which ever is the greatest. 2. Wall signs shall not project above the roof. d) Advertising or pylon signs shall not be permitted. Subd. 11: Regulation of Activities Adjacent to Wetlands. a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. c) The following activities shall be subject to a 100 foot setback from wetlands: The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. 52.32- ] 0 ORDINANCE 52 -ZONING ORDINANCE Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time. The maximum density for rental units under the interim use permit shall be limited to the density which is allowed in the R-l, Single Family Residential District. b) The interim use as a rental unit shall be obtained through the procedures set forth in St. Joseph Ordinance 52.07, Subd. 4 -Interim Use Permit. c) In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees that the use will terminate at the designated date for termination of the interim use. d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4. 52.32, Subd. 12, added 1/07 52.32-1 l Subd. 3: Special Use Permit. a) Purpose and Scope. The purpose of this Section of the Zoning Ordinance is to provide the Planning Commission and City Council with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety. b) Issuance. Special use permits may be issued for any of the following: Any of the uses or purposes for which such permits are required or permitted by the provisions of this Ordinance. 2. Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare. 3. To classify as a conforming use any non-conforming institutional use existing in any district at the time of the establishment of such district. c) Application. Applications for Special Use Permits and required fees shall be submitted the City Administrator/Clerk. The application shall be accompanied by a site plan containing such information as is necessary to show compliance with this Ordinance, including but not limited to: Description of site (legal description). 2. Site plan drawn at scale showing parcel and building dimensions. 3. Location of all buildings and their square footage, and the location of easements. 4. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks. 5. Landscaping and screening plans. 6. Drainage and erosion control plan with pertinent elevations. Sanitary sewer and water plan with estimated use per day. Soil type, the location of wetlands as defined by Minnesota Statute 1036.005, Subd. 19, or absence thereof as verified by a statement from the Stearns County Environmental Services Office. 9. Any additional written or graphic data reasonably required by the City Administrator/Clerk or the Planning Commission. 10. Proof that the Applicant is the owner of the parcel in question. d) Procedure. The City Administrator/Clerk shall forward said application to the Planning Commission for consideration at their next regular meeting. The City Administrator/Clerk shall review all Development Review Applications and upon verification that the Application is complete and meets the requirements of the Ordinance, the City Administrator/Clerk shall schedule a public hearing. The City Administrator/Clerk shall complete the review process within ten (10) days of receipt of the Application. Notice of such hearing shall be published in accordance with State Law and notice shall be published at least once in the official paper of the City and mailed to individual properties within three hundred fifty (350) feet of the parcel included in the request not less than ten (10) days nor more than thirty (30) days prior to the date of said hearing. Failure of a property owner to receive said notice shall not invalidate any such proceedings. 2. The Planning Commission shall consider possible adverse effects of the proposed special use and what additional requirements maybe necessary to reduce any adverse effects, and shall make a recommendation to the City Council within the guidelines as mandated by State Law. The City Council shall act upon the report and recommendation from the Planning Commission within the guidelines as mandated by State Law. Upon receiving the report and recommendation from the Planning Commission, the City Council shall have the option of holding a public hearing if necessary and may impose any conditions deemed necessary. Approval of a special use permit shall require passage by a majority vote of the full City Council. e) Standards. The Planning Commission shall recommend a special use permit and the Council shall order the issuance of such permit if the application conforms to the specific standards set forth below, as it would apply to the particular use at the proposed location: Will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan of the City and this Ordinance. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 4. Will not be hazardous or disturbing to existing of future neighboring uses. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. 9. Will have adequate facilities to provide sufficient off-street parking and loading space to serve the proposed use. 10. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance. f) Denial for Non-Compliance. If the Planning Commission recommends denial of a special use permit or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this Ordinance Resolution of finding The request of North County Trailer Sales for a Special Use request came before the Planning Commission at a public hearing held on February 2, 2009. The purpose of the hearing was to consider issuance of a Special Use Permit to allow used automotive/trailers in a 62 Highway Business Zoning District. The property is located at 414 County Road 75, St. Joseph MN 56374. St. Joseph Code of 52.32 subdivision 4 (e) allows for new or used auto dealerships by issuance of a special use permit. The request has been submitted by Diamond Properties Partnership, 819 19`h Avenue NE, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting a special use permit, St. Joseph Code of Ordinances 52.9 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Special Use Permit to allow a used auto and trailer business in a Highway Business Zoning District with the following contingencies: 1. The property owner will conform to the Sign Ordinance to include temporary signs. 2. The use of banners and streamers will be prohibited. 3. Only one access to the property will be allowed with that access coming from 8`h Avenue NE.