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HomeMy WebLinkAbout[05] Anne's Marketrrrv qF sT a~»rrti Planning Commission Agenda Item 5 MEETING DATE: July 6, 2009 AGENDA ITEM: Anne's Market SUBMITTED BY: Administration STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: Brothers One has leased the space to Anne's Market for a retail store and an outdoor market. The property is located on Cedar Street and is on the same parcel as the Car lot that was just approved. In reviewing the Ordinance, an open market is not listed as a permitted use. The only similar use is a Farmers Market, but that is limited to produce only. Anne is appearing before the Commission to see if the Planning Commission would allow the use under a special use permit. The permit could not be issued without conducting a public hearing, the purpose of the agenda items is have the Planning Commission make a determination as to whether or not the use is appropriate for the 62 Zoning District. The B2 Zoning District contains the highest aesthetic requirements and landscaping. If it is determined that an open market should be allowed in the 62, it should be done so with a special use. Once it is allowed or permitted other applicants can also apply. In talking to the property owner we discussed that used car lots require a special use permit and how that could be similar. The only difference is that most people identify open markets with flea markets and a lot of "stufY' sitting around, possibly detracting from the corridor. The use before you does not operate as a flea market. If the use is going to be permitted you may think about requiring indoor retail in conjunction with the outdoor sales so you do not end up with just outdoor markets. Anne is proposing to locate all the open market businesses behind the building and they will only operate between May and October, open the second weekend of each month. Anne's will operate as an occasional store only open one weekend a month. These type of stores are becoming very popular and the Minneapolis Tribune did a story on these types of stores last month. I am aware of occasional stores in Buffalo, Hutchinson, Chaska and Carver. However, not all of these have outside vendors. Anne's will be open this weekend as she had already established the sale before we were made aware of the use. If you want to see what type of store it is you can stop this weekend and see. ATTACHMENTS: Property map, Anne's add REQUESTED PLANNING COMMISSION ACTION: Determine the if the Zoning Classification fits. ~ 3Z~ ©' I '~ ~~ ~ ~. '\~ ~ v -.. ,fit ~`'v\.'v... \+~~ ,~~y7\ \ - '+,,~+ ~` !1 y \ ~, R , aY. ~ \ •.,~ \ ~ lv''v~ ~``i F ~~ ~' + ~~ ''. ~. '\. ~'1. ,~w +\ tti ~ ~'~ ~•,~ ,,~. 1 \\+ mot. `~~a ~ .... _. 0 ~~ 1.~- , o ~ Q ~ ~ ~; Q ~ ~ ~ ~ 4' O ~. ~ (C~ 1 1 .. j,: 'V \\~ Y' .f ~' L ^i _~ ( '4,l 4 ti w Anne's A Fun Way to Shop in St. Joseph Next Sale: July 9 -12 Thursday, Friday & Saturday gam- 6pm Sunday 9 am - 3 pm Located at: 219 Cedar St., St: Joseph; MN Anne's Outdoor Market open every Sunday. Selling-Home Decor and everything Located behind Anne's for the garden! ! ! gam-3pm (Anne's Shop will-also be open! ! ! ) 'For Information Contact Ann (612) 205-1006 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 and/or 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. 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. 5. 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. f) 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 3. 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. 3. 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 -ZONING 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 A licable to All S ecial Use Permits. The following conditions are applicable to all uses under a special use permit: 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 maybe 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. fj 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 Hi way 75. 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 ward. 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 yard. 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: Height 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) Signs. 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/A~reement. l . 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. 3. Development Agreement. 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 110% 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. l 0: Si ns. In the B-2 Highway 75 Business district the general provisions apply to all signs. a) Business and Wall signs maybe erected, attached or painted on to a structure and Advertising signs shall be prohibited. They are defined as follows: Business Sinn. A sign that is related to the business located on the same property to which it is located. 2. Wall Sign. A sign painted or placed against or attached to the exterior wall surface of a building or structure. 3. Advertising Sigh. 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 maybe 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. 2. 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 may be 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. 5. 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: That the wall sign does not exceed one and one-half (1 '/s) 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 imgation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. 52.32-10 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 52.32-11