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HomeMy WebLinkAbout[07b] Special Use Permit, Outdoor SalesCT'11' QF ST. Jl~lfa'H Council Agenda Item +~ MEETING DATE: August 20, 2009 AGENDA ITEM: Planning Matters -Special Use Permit, Outdoor Sales SUBMITTED BY: Administrator BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on August 6, 2009 to consider issuance of special use permit to allow outdoor sales in the B2 Zoning District. The Planning Commission recommended issuance of the Special Use Permit with conditions. The findings of fact have been attached. PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The B2 Highway Zoning does not specifically list outdoor sales as a permitted use. In the section for uses that would be permitted through special use, a Farmers Market was listed but limited the sales to produce. In July the Planning Commission determined that the property owner could make application for a special use permit using the following provision: "other uses that the Planning Commission deems similar in nature." The Planning Commission determined that an outdoor market is similar to a farmers market, only different merchandise. The Planning Commission discussed that outdoor markets can take on a "carnival" look and that is not the intent of the Zoning District. The outdoor market is limited to Sundays between May and October and the outdoor market must occur in the rear yard. BUDGET/FISCAL IMPACT: ATTACHMENTS: Planning Commission request for action; Resolution of Findings, application, parking agreement, lot layout, vicinity map, Draft Minutes REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the resolution of findings issuing a Special Use Permit to Brothers One, allowing outdoor sales in a B2 Highway Business Zoning District. CIT1 t)F ST. J~nr_vn Planning Commission Agenda Item 6 MEETING DATE: August 3, 2009 AGENDA ITEM: Public Hearing, Special Use Permit Anne's Market SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting an Interim Use Permit to Brian Virnig allowing an owner occupied rental unit at 418 Elena Lane with a maximum density of two tenants, PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission determined at the July 6, 2009 meeting that outdoor sales in the 82 Highway Zoning district would be considered by issuance of a special use permit. See minutes of July 6, 2009. BACKGROUND INFORMATION: See minutes of July 6 and Council packet information for the same. As requested at the July meeting, tenant Anne Swartz has provided a written agreement from the Auto lot for the parking arrangements. ATTACHMENTS: Draft resolution of findings, hearing notice, application, parking agreement, lot layout, vicinity map, July 6, 2009 meeting material relating to Anne's. REQUESTED PLANNING COMMISSION ACTION: Included in the packet is a resolution of findings recommending approval with contingencies. crr,~ qF sT ~~~Fre 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 B2 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 B2, 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 "stuff" 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. Resolution of finding The request of Brothers & One Inc, on behalf of Ann Schwartz, for a Special Use Permit came before the Planning Commission at a public hearing held on August 3, 2009. The purpose of the hearing was to consider issuance of a Special Use Permit to allow for outdoor sales in a B2 Highway Business Zoning District. The property is located at 219 Cedar Street E, St. Joseph, MN 56374. 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: q) Uses determined to be of similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safe and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. The request for Special Use has been submitted by Brothers & One Inc, 219 Cedar Street E, St. Joseph, MN 56374 on behalf of Ann Schwartz. Notice of this matter was duly served and published. 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 made the following findings: The proposed use is consistent with the standards for granting a Special Use Permit, St. Joseph Code of Ordinances 52.07.03 Therefore, based on the above findings, the City Council makes the following motion: Approval of the Special Use Permit to allow outdoor sales in a B2 Highway Business Zoning District with the following contingencies: i. The property owner will conform to the Sign Ordinance to include temporary signs. 2. The use of streamers and banners is prohibited. 3. All outdoor sales will be confined to the back of the building and limited to Sundays from May to October of each calendar year. Adopted this 20`h day of August. 2009 ATTEST AI Rassier, Mayor Judy Weyrens, Administrator Resolution of finding The request of Brothers & One Inc, on behalf of Ann Schwartz, for a Special Use Permit came before the Planning Commission at a public hearing held on August 3, 2009. The purpose of the hearing was to consider issuance of a Special Use Permit to allow for outdoor sales in a 62 Highway Business Zoning District. The property is located at 219 Cedar Street E, St. Joseph, MN 56374. 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: q) Uses determined to be of similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safe and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. i. The request for Special Use has been submitted by Brothers & One Inc, 219 Cedar Street E, St. Joseph, MN 56374 on behalf of Ann Schwartz. 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 made the following findings: The proposed use is consistent with the standards for granting a Special Use Permit, St.loseoh Code of Ordinances 52.07.03 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Special Use Permit to allow outdoor sales in a 82 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 streamers and banners is prohibited. 3. All outdoor sales wilt be confined to the back of the building and limited to Sundays from May to October of each calendar year. Adopted this 3rd day of August 2009 ATTEST S. Kathleen Kalinowski, Chair Judy Weyrens, Administrator r ~~~ 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: ~ / l,~ar r _ S-~ , Sf . J t nr 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 is hereby made for a Special Use Permit to conduct the following: Qv'~ C~DOr ~ Suni , -From !~l a y - dc-t. 2. Legal description oiland to be affected by application, including acreage or square footage of land involved, and street address, if any (attach additional sheet if necessary): Property ID Number: 84.53425.0004 Property Description: Sect-10 Twp-124 Range-029 .75 AC .75A W 200' OF E 631.57' OF SE4NW4 LYING N OF HWY 52 8 S OF RR LESS .07A FOR HWY CITY OF ST JOSEPH 3. Present zoning of the above described property is: 4. Name and address of the present owner of the above described property: ID Number: 92664 ~~ ~ ~ • ~~ '~! /z g'j, ~S BROTHERS 8 ONE INC 720 HWY 75 RGLC! ~ ~ r~/~i ~7 a7'n v T. ~p yt~~~ BOX 106 _ CLEARWATER MN 55320-0106 ~p(,~~~ ~i~~~~~ S ~ ~~S Ap~ 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: Fee S Paid Date PHONE: 00000 r Yes ~J No 6. Will the proposed use depreciate the area in which it is proposed? Please explain: r Yes No 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 r No Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: Date: ~- Property Owner Signature: ` Date: 7 FOR OFFICE USE ONLY Date application submitted: Date application completed: Planning Commission Action: r Recommend Approval ~ Recommend Disapproval Date of Action: Council Action: ~ Approved ~' Disapproved Date of Action: Date ApplicanUPropertynwner notified of City Council Action: ~/' Anne's I eSl e~ ~ ~iache ~S k;. will move my entire inventory of automobiles each Saturday from the second week-end of May until the second week-end of October. 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E !'- 28';32 100 I 112 120124 • ~.,.-1 ~ 1220 20D 208 I ~ .,, WW 302 1 300 ;~ fr l _~- ' 13' ' m J `~ 34 ----r-` w 318 ~ ~+ y~3141 320'~d T" "C 410 i 414' uisciaimer: 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/sehsvc/html/dvo/mapLayout.htm 7/14/2009 Extract of Minutes -Planning Commission August 6, 2009 Anne's Outdoor Market Public Hearing, Special Use Permit -Anne's Market: Weyrens stated that the purpose of the hearing is to consider a Special Use Permit to allow for outdoor sales at 219 Cedar Street. The property is legally described as" .75A W200' of E 631.57' of SE4NW4 LYING N OF HWY 52 AND S OF RR LESS .07A FOR HWY CITY OF ST JOSEPH. St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Soecial 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: q) Uses determined to be of similar nature as those permitted under ~d. 1, upon a finding that the uses will not be detrimental to the health, safety and welfare oft ity, and that the use is consistent with the stated intent of the zone as contained in Sul dl~.c1. Brothers & One Inc, 219 Cedar Street, has submitted the req Schwartz. Schwartz approached the commissioners and asked if special use request. , The public hearing was opened and closed at 7:30 on behalf of Ann any questions reg~-r~d~ag the proposed present wisho speak. Schwartz stated that the parking issue has been resolved. i has agreed to move his vehicles Meyer made a motion to v pecial ed following contingent 1. The pro owner will form tot ig 2. The use earners a anners is p i 3. All outdoor es wil ~~ the fr ay to o each ~e r. The moti~ ~ _ , : rtded utz. every Sunday to allow for additional parki is lot. There some questions raised by the commissioners on when the shog will be en the ou arket will be held. Schwartz stated that the shop will be open the 2 weekend ac from Th a thru Sunday as well as every Sunday during the outdoor market season. utdo twills n the 2nd Sunday of May and continue each Sunday thru the 2"~ Sunday in ber. ~l~cussion: Deu ked f arification as to whether or not all businesses doing outside sales w II need to apply is typ rmit. He added that it happens all the time in front of the Ilstream shops an . We stated that this is different in that Schwartz sub-leases her s to the different ors. Wick stated that the Special Use Permit would be valid as long as she rms to the co gencies of the permit. The commissioners then addressed the issue of tempor ins. Sch stated that she wants to follow the City's Ordinances; she just needs to know he d cannot do. In her opinion, the occasional sale circuit is a little different than most o esses. Weyrens advised her that she can apply for a temporary sign permit which can be ~ . p to 40 days per calendar year. McDonald advised her to read the City's Sign Ordinance first and then ask questions. Meyer questioned whether the Special Use Permit stays in place as long as she is a tenant or whether it stays with the property. Rieke stated that if the use discontinues for more than one year, the permit dies. Weyrens stated that Special Use and Conditional Use Permits generally stay with the property and they are more permanent. Deutz suggested that the City look at issuing Interim Use Permits for business properties in the future. Schwartz stated that she is not sure what brought her to St. Joseph, other than the fact that she was looking to come to the St. Cloud Area, but she is happy to be here. on the esolution of Findings with the n Ordinance to include temporary signs. bited. ck of the building and limited to Sundays The motion passed unanimously.