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HomeMy WebLinkAbout[04-c] Special Use Permitcrrv of tiT ,1~nri~n MEETING DATE: March 19, 2009 Council Agenda Item 4 C AGENDA ITEM: Special Use Permit -Requested Action: Accept the recommendation of the Planning Commission and issue a special use permit to David Fimrite to operate North Country Trailer Sales at 414 County Road 75. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on February 2, 2009 and based on comments from the public hearing, the hearing was closed and the matter tabled until March 2, 2009. (See Extract of Minutes) The Planning Commission considered the matter again on March 2, 2009 and based on the additional information that was received, recommended the Council issue a Special Use Permit based on the conditions listed in the Resolution of Findings. The motion passed the Planning Commission Unanimously. (See Extract of Minutes) BACKGROUND INFORMATION: The Planning Commission conducted a public hearing on the proposed special use permit on February 2, 2009. During the public hearing a number of concerns were expressed. They are detailed below along with the response of the Planning Commission. Type of trailers -The Planning Commission received clarification that the trailers that will be offered for sale are small individual trailers, either enclosed or open. They are not large vehicles for heavy commercial use. The wear on the road is similar to that of a standard vehicle. Safety Concerns - Concern was expressed regard to activity on the property after business hours. The applicant has agreed to install a security system which will be activated when the lot is unattended. The security system will flash a picture of anyone walking around the site. The property will also be gated when not attended to reduce unwanted traffic. Lighting -The Planning Commission verified that any lighting on the property must meet the Ordinance requirements and the site will include two wall mount lots on the west building front as it faces 8`h Avenue and pole lighting on the front facing CR 75. Therefore the surrounding property should not have an impact. Impact on Road -Concern was expressed regarding the condition of the existing road and the impact of the proposed application. The Planning Commission received clarification that all vehicles offered for sale at the site will not be transported through a large transport vehicle. In addition, 8`h Avenue SE is built as a 7 ton road and posted as 5 ton. The proposed application will not create traffic that the road cannot handle. Fencing -The Planning Commission received clarification that the fence located on the property is in good shape with the exception of two anchor posts. The petitioner has agreed to fix the existing fence and extend the fence to that of the front house line of the property to the south. As all the concerns expressed at the public hearing were addressed, the Planning Commission recommended issuance of the Special Use Permit. BUDGET/FISCAL IMPACT: ATTACHMENTS: Planning Commission Resolution of Findings, Extract of February 2 and March 2, 2009 Planning Commission minutes, Application for Special Use, Hearing Notice, Planning Commission Request for Action -March 2, 2009, Fence Detail. REQUESTED COUNCIL ACTION: Issue a special use permit to David Fimrite to operate North Country Trailer Sales at 414 County Road 75, authorizing the Mayor and Administrator to execute the Resolution of Findings. PROCESS: This matter has been placed on the consent agenda as the City Council has previously adopted a policy that if the Planning Commission makes a unanimous recommendation to the City Council, the matter wil{ be placed on the Council Consent Agenda. Therefore, the recommendation to issue a Special Use Permit was unanimous by the Planning Commission and is part of the consent agenda. 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.loseph 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 North County Trailer Sales, 6025 - 18`h Street North, St. Cloud MN 56303. Notice of this matter was duly served and published. The Planning Commission on February 2, 2009 closed the public hearing after hearing all those present wishing to speak and discussed the concerns presented. In an effort to secure additional information, the Planning Commission tabled action on this matter and continued the discussion at the March 2, 2009 Planning Commission meeting. Inconsideration 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. All vehicles or trailers located on the property for sale will be stored on the existing bituminous surface. 4. The fence located on the south property line will be repaired securing the posts and the fence will be extended to match the front of the house on the southern property line. 5. The property will be monitored with a security system which will be activated when the lot is unattended and the access to the property will be secured when unattended as well. 6. All site lighting will conform to the St. Joseph Code of Ordinances. Adopted this 2"d day of March 2009. S. Kathleen Kalinowski, Chair Judy Weyrens, Administrator Extract of Planning Commission Minutes -March 2, 2009 Special Use Permit -David Fimrite, North Country Truck Sales Page 1 of 2 Special Use Permit -David Fimrite: Weyrens stated that at the previous meeting, the Commissioners conducted a Public Hearing regarding a Special Use Permit to allow for the sale of trailers and used vehicles. She stated that the petitioner was not present due to a family emergency. At that meeting, the Commissioners asked for clarification on the following: fencing, paving, how the property will be utilized, security and impact to the neighbors. Since the last meeting the Building Inspector has been to the site to look at the current fence. He stated that there are some posts that need to be re-anchored; however, it is a good fence. The fence could be extended west to meet the front setback of the house on the adjacent property. The fence cannot be extended beyond this as it may become a public safety issue by creating limited visibility. She also added that the petitioner verified that the area where the vehicles will be parked is already paved. They have also agreed to put in a security system which will photograph anyone access the property when no one is present. With regard to lighting, two wall mount lights will be located on the front of the existing building as it faces 8~h Avenue NE, two pole lights will be located in the front yard as it faces CR 75 and the sign will be light as well. David Fimrite, 6025 18~h Street N, St. Cloud, approached the Commissioners and spoke on his own behalf. He stated that he is the owner of North County Trailer Sales and they are requesting a Special Use Permit to allow for new trailer sales and used car sales. Their normal business hours will be from 8AM to 5PM; however, there may be someone onsite from 7AM to 7PM. He stated that when there is no one on site, there will be a cable blocking any vehicles from entering the site. The after-hours security system will snap pictures of those who are on the site after those hours. He assured the Commissioners that the vehicles for sale will be parked on the pavement. McDonald stated that, in the past, the previous dealership had vehicles parked on the gravel as well as the hill. He questioned Fimrite as to the number of vehicles and trailers that he plans to have on site. Fimrite stated that they will have approximately 8-10 vehicles and 12-15 trailers. He also clarified that transport vehicles will not be used to bring inventory to the site. Deutz questioned whether or not they will have any new vehicles to which he was advised that they will have mainly used cars and new trailers. Fimrite assured the Commissioners that he will have a good display. Meyer advised the Petitioner that he would like to see two additional 10' sections of fence added to the west. After speaking with the Building Inspector, Lee Gladitsch, Fimrite stated that he was informed that fence could not extend the fence beyond that of the front house setback. Fimrite stated that he will construct fence equal to the front of the house. Graeve addressed the Commissioners and questioned how the City will enforce that they have no more than 10 vehicles. Kalinowski reminded him that this was not a public hearing. According to Wick, all vehicles must be stored on the bituminous surface and there is no limit as to the number of vehicles or trailers. Deutz added that it would not be the City's position to monitor the number of vehicles/trailers. McDonald questioned the shape of the current bituminous. According to Fimrite, it looks decent. He added that they have intensions to fix the areas where the surface is in bad shape; however, they do not intent to add any additional bituminous more than what is there. Deutz made a motion to recommend approval of the Special Use Permit to David Fimrite, North Country Trailer Sales to allow the operation of a used auto and trailer sales lot at 414 8t" Avenue NE based on 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. All vehicles or trailers located on the property for sale will be stored on the existing bituminous surface. Extract of Planning Commission Minutes -March 2, 2009 Special Use Permit -David Fimrite, North Country Truck Sales Page 2 of 2 4. The fence located on the south property line will be repaired securing the posts and the fence will be extended to match the front of the house on the southern property line. 5. The property will be monitored with a security system which will be activated when the lot is unattended and the access to the property will be secured when unattended as well. 6. All site lighting will conform to the St. Joseph Code of Ordinances. The motion was seconded by Meyer and passed unanimously. Extract of Planning Commission Minutes -February 2, 2009 Special Use Permit -David Fimrite, North Country Truck Sales Page 1 of 3 Public Hearing, Special Use Permit -North Country Trailer Sales: Kalinowski called the hearing to order and stated that the purpose of the hearing is to consider a Special Use Permit to allow for the sale of new and used trailers as well as used autos. The property is legally described as: 2.50A. 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 W 793.88 term . 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 Section 52.07.03 of this Ordinance: e) New or used auto dealerships The request for Special Use was submitted by David Fimrite, North Country Trailer Sales LLC. Jim Muschel approached the Commissioners on behalf of David Fimrite. He stated the he works for Mr. Fimrite and is speaking on his behalf as he has family emergency. Mary Ann Graeve, 619 Minnesota Street E approached the Commissioners .and stated that she lives at the corner of 8th Avenue and Minnesota Street. She questioned what they are referring to as a trailer, what the weight of the trailers is and what their use is. She was advised that most of the trailers will be snowmobile trailers or small car trailers. The weight is similar to that of a small pickup. Graeve also questioned the weight restriction on 8th Avenue as the road was just built. Weyrens stated that it is built as a 7 ton road; but it is marked for 5 ton. McDonald stated that when he read the notice, he was envisioning mobile home trailers; however, after looking at their website, they sell small trailers rather than mobile homes. Nancy Notsch, 406 Stn Avenue NE, approached the Commissioners in opposition to the proposed special use. She stated that they have been through this before and it is a nightmare living next to a use car dealership. She stated that, in the past, there were several promises made and nothing ever happened. They have dealt with issues such as trash in their yard, customers using their swing set, people assuming they are the owners and receiving inquiries about the business, etc. People tend to look at used cars after the lot closes, which results in lights shining in their home in the evenings. In her opinion, this does not create a safe environment for her grandchildren. The only way she feels that this would be an acceptable use is if they were to construct privacy fence along the entire length of the yard. McDonald questioned whether or not they own the area along the tree line to which Notsch stated that they do based on a past land exchange between them and Scherer Trucking. She concluded by stating that it is hard living next door to a used car dealership. Ellen Wahlstrom, 409 Stn Avenue NE, also approached the Commissioners regarding the proposed special use. She stated the safet~r issues that Notsch addressed are issues from past experiences. She voiced her concerns regarding 8t Avenue as it was recently built and they have already had to do some patch work. In her opinion, heavy traffic along 8th Avenue would only make the problem worse. She doesn't have a problem with them hauling in one vehicle at a time, but she is worried about vehicles coming in on large transport. According to Wahlstrom, this type of use is an undesirable situation for the neighborhood. With the road being her concern, she questioned whether or not the residents would be responsible if the road needed to be repaired. She stated that they would like some assurance from the City stating that they would not be assessed for any road repairs due to the increased traffic. She also suggested that, if the use is approved, they lock the dealership after hours to prevent traffic after hours. Mike Borresch addressed the Commissioners in opposition as well. He stated that there are already two businesses conducting trailer sales in St. Joseph and three would be too many. There are two in Avon as well and several in St. Cloud. Extract of Planning Commission Minutes -February 2, 2009 Special Use Permit -David Fimrite, North Country Truck Sales Page 2 of 3 Jim Graeve, 619 Minnesota Street E, stated that he would like to see the property fenced to protect the Notsch property. He also suggested that they sell only trailers and no vehicles. With no further public comment, the public hearing was closed. McDonald questioned Muschel as to where they are located now. He replied that they are located near Cross Town Auto. The Commissioners were advised that they tend to have 12-15 cars and 10 trailers at most. Rieke questioned the current zoning. Weyrens stated that it is zoned as 62 and this type of use would be allowed by Special Use Permit and they can place some conditions on the property, provided they are reasonable. He also questioned whether or not there was talk of purchasing the property blended in with the lease. He received no comment. Wick then questioned whether or not the Special Use Permit would be attached to the property or the lease. Weyrens advised the Commissioners that the Special Use Permit would be attached to a specific use. McDonald questioned whether or not the City can reasonable require screening of the parking area. Weyrens stated that it meets the zoning requirements. Deutz questioned whether these types of conditions are attached to the property and Meyer questioned whether the Landlord would then be responsible for making those improvements. It was suggested that there be a gate that is closed after business hours so that the business doesn't interfere with the neighbors. A fence along the property would be an expense of the landlord. It was also suggested that they redirect the lights onto their property. The Commissioners understand that how they run their business has nothing to do with the landowner. Kalinowski questioned whether or not the lighting requirements are reasonable to which Weyrens stated that there are lighting provisions that can be enforced by Ordinance. Rieke stated that he is in favor of a fence two feet off the property line. Meyer questioned the concerns raised by the Public regarding 8'h Avenue. Weyrens stated that the property owners were assessed 100% as this was the first improvement after being annexed into the City. Technically, this is a County Road, therefore, the County paid for a portion as well. Any future improvements would be assessed at a 60/40 split with the City paying for 40% of the costs. Deutz questioned Weyrens as to what kind of problems have already occurred since the road was built. Weyrens replied that there were some warranty issues that came up; however, C 8~ L did come and fix them. She added that in order for the City to assess the property owners, they must have to show a benefit to the property owners. The Planning Commission does not set polices for assessments. McDonald stated that they can encourage the new owners to access the property off of County Road 75 rather than Minnesota Street. He added that the City should not consider the effect of competition when reviewing land use requests. There was some question about whether or not they should require that the parking lot be paved. Deutz questioned whether or not they can afford to pave the property. According to Wick, the City has required other businesses to pave their lots. Weyrens explained that if a building permit is issued, they would be responsible for paving the parking lot. She added that if they do pave the parking lot, there are different storm water regulations and the improvement requirements more than bituminous surfacing. McDonald stated that this business will be located along County Road 75 and it should look nice. He also stated that he is in favor of another business in town paying taxes; however, there is the conflict of improving the tax base and that of safety. Kalinowski stated that it is difficult because the owner of the business is not the property owner. Meyer stated that he would like to see a 6' security fence along the property line, the lighting to be changed and the existing fence to be removed. He made a motion to table the approval of the Special Use Permit for 30 days until they provide lighting and fencing plan. The motion was seconded by Rieke. Extract of Planning Commission Minutes -February 2, 2009 Special Use Permit -David Fimrite, North Country Truck Sales Page 3 of 3 Discussion: McDonald questioned whether any of the property is paved. Weyrens stated that the apron entering the lot is paved. Meyer stated that lighting is a big thing on this site. Orcutt added that the addition of a fence along the property line makes sense. Deutz questioned whether they would be required to take down the existing fence. Weyrens suggested that the Building Inspector take a look at the existing fence and determine whether or not it needs to be removed or if it can be replaced. Meyer stated that he would like to see the owner present at the next meeting to answer any questions. The motion passed unanimously. APPLICATION FOR SPECIAL USE PERMIT City of St. Joseph 25 College Avenue N PO Box 668 St. Joseph, MN 56374 Phone (320)363-7201 or Fax (320)363-0342 STATE OF MINNESOTA ) ss COUNTY OF STEARNS ) NAME: ADDRESS: ~ ~ ~ Fee $ I-b~. Paid / Date ,1 (~ -(~C PHONE: ~~~~ -~~~~_/~~ T.nl _S' ~'~ ~_ ~ i/VNe, 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 /s hereby made for a Special Use Permit to conduct the following: al description of land to be affected by opplication, including ocreage or square footage of land involved, and street address, if any (attach additional sheet ifnecessary): Sa.G`r . tv k-- ~ A ~ Ta . _ ~. 11 S 1~. ~ ~ ~ ~ ~ ~/ ~ ..., v~-y { ~. 9 ~. _._ .. 3. Present zoning of the above described property is: C ~ .,,.,.~ .w,~,` r ~ ~ ate- (` 4. Name and address of the present owner of the above described property: AT7'~ % JAI ~- ~-I'Z ~~ -- -K- ' S. Is the proposed use compatible with the future and present land uses of the area? Please explain: Yes r No ~--- r 6. Will the proposed use depreciate the area in which it is proposed? Please explain: r Yes ~ No p-s--`t-- ~ C~~F+'t Ir `T'r-.~ ~r ~-~Y ~~ 'e_ +~ c3' "° 1 ~ 1- ~j 1~ r ~ 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: / ' Yes (" No ~ 1 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: Yes [- No 0'' ~^ ~-~ r C- ~ P 1 Attached to this application, and made a part thereof, are other Applicant Signature: submission data requirements, as indicated. Applicant Signature: Date: /„ b,. o Date: FOR OFFICE USE ONLY Date application submitted: Date application completed: Commission Action: r" Recommend Approval ~"'; Recommend Disapproval Date of Action: Council Action: Approved ("" Disapproved Date of Action: Date Applicant/Property owner notified of City Council Action: . ~. CITY OI~ ST. OS>/PH 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 ,\ I ~ ~~ ~~,~~ 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 1 15.50' N of SW cor of SE4NE4 - S84D E 75.6U' - S87DE 120' - S84D E 601.22' to ELN OF W793.88 term. ti~l~,~~~,,. 11 h~j:;~ 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:~,urn;l~~is Section 52.07.03 of this Ordinance: ~~,,~~. I,,,~,1 e) New or used auto dealerships 13~,1> I ~~ti~7 ~ , , ~\ ~~ ~ ~. ,~~ David Fimrite, North Country Trailer Sales LLC, 6025 18'x' Street N, St. Cloud, MN 56303 has submitted the request for Interim Use. I )<,I~' \k~~,~k Judy Weyrens Administrator ~~ '~ti ti y4 7~ c L3~ ~' ~ 414 ~~ '.s. 409 "^r--'-.~" ~': r„_„408 619 ;L 133 'T07 ~~805 813 I( 825 713' I~_ _ SN1~3E50TA'°ST' ' 902 ~s~i~~s~ , r--7ae ! I ~ ~ n ~ {can u___ Rne'81A818 I~r ~.... ~~ ~ Proposed location of -1 special use 10C7 ~~~ 13+3 -"I T 912 1008 10 r ~ crt~~ orK?r:.tri~7an~t Planning Commission Item 4 MEETING DATE: March 2, 2008 AGENDA ITEM: Special Use Permit -David Fimrite, North Country Trailer Sales, 414 - 8`" Avenue NE. SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council issue a Special Use Permit to David Fimrite, North Country Trailer Sales to allow the operation of a used auto and trailer sales lot at 414 - 8`h Avenue NE. PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission conducted the public hearing on February 2, 2009 to consider issuance of a Special Use Permit to allow the sale of trailers and used automobiles at 414 - 8`" Avenue SE. During the hearing portion of the meeting, abutting properties owners expressed concern for safety and traffic if the SUP were approved. Specifically, the neighbors requested fencing, lighting, security and limitation of traffic on 8`h Avenue. The Planning Commission tabled the matter in order to gather additional information. BACKGROUND INFORMATION: Since the Planning Commission meeting, the Building Official has meet on site with the Mr. Fimrite to review the fence. The fence is in good shape with the exception of two posts which need to be anchored. As soon as the weather permits Fimrite will secure the anchors. The existing fence extends to east beyond the house. While it does not fence the entire south boundary it does protect the house. The fence could be extended east to meet the front of the house if the Planning Commission requests. The fence cannot extend further than the front of the Notsch house as it will become a visibility issue when exiting the property. With regard to the pavement. Fimrite confirmed that a portion of the property is paved. Trailers and vehicles for sale on the lot will be located on bituminous surface. He has also indicated that he anticipates between 6 and 10 cars on the lot. The trailers will consist of both enclosed trailers and trailers used to haul small equipment such as bobcats/skid steer loaders. Any vehicle that is parked on the lot will not carry a weight heavier that than of typical personal vehicles. Fimrite has also indicated that no transport vehicles will be used to deliver or remove cars. Fimrite stated that he will be adding security cameras on the site so that it will flash and take a picture of persons walking around the site after hours. He also indicated that he is willing to fence the site after hours as well. Lighting -there are currently two wall mounted lights on the building as it faces 8`h Avenue. Their will not be lighting facing towards the Notsch property. There are currently three pole mounted lights that are located in the front of the property as it faces County Road 75 and one additional light that is directed on the sign, also on the front of the property. The resolution of findings has been modified since the last meeting, adding the requirements to place a vehicle/trailer sales on the paved areas, repair the fence and addition of a security system. As a note of order-The Planning Commission closed the public portion of the permitting process and if additional testimony is desired or requested, the Planning Commission must make a motion to re-open the public hearing. The process is by Statute as the Planning Commission is in the Commission discussion portion of the process. ATTACHMENTS: Memo from the Building Official, aerial of the property. REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the findings recommending issuance of a Special Use Pernnit to North County Trailer Sales. • Good Morning Judy, I just meet with Dave Fimrite out at 414 $'h Ave NE regarding the wooden fence location and current condition. As shown on the attached data view map is the fences approximate location. I have also included two photographs showing the fences condition. It would be my opinion that the vertical fencing is all in good condition. However some posts and framework along the west end are leaning. This issue could only reasonably be addressed in the spring after the frost is out. Lee Gladitsch Inspectron Inc. ~„ . ,. ... 2-25-09 ~? 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