HomeMy WebLinkAbout[06] Special Use Permit - Kristy BastcrryoFrrr:J()UrH Planning Commission Agenda Item 6
MEETING DATE:
AGENDA ITEM:
March 1, 2010
Public Hearing — Special Use Permit, Used Car Lot
Kristy Bast, 709 County Road 75
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION: None.
BACKGROUND INFORMATION: As can be seen from the attached Findings of Fact, the property in
question is zoned B2, Highway Business. As such, a used car lot is permitted by issuance of a Special Use
Permit. The City has previously issued two special use permits for a similar use, North County Trailer
Sales and St. Joe Auto. Both of these areas have previously been used for used car sales and they are
allowed to continue as long as the use does not cease.
In addition to the B2 Zoning District, this property must also adhere to the Transportation Corridor
Overlay District. The purpose of this district to protect the enhancements and aesthetics required in the
B2 Zoning District. One of the requirements in this district is the prohibition from parking in the front
yard setback area. There is ample room on the site for parking in areas other than the front yards. If the
Planning Commission intends to allow for parking in the front, a variance from the Ordinance will be
required and the property owner will be required to meet the statutory findings. Under this scenario
action on the special use permit should be tabled to consider a variance on the Overlay requirement.
Any signage for the property must meet the regulations that are in place this again would require a
variance and statutory findings would be necessary to approve. The proposed use can be
accomplished. See Findings of Fact for additional detail
REQUESTED PLANNING COMMISSION ACTION: Recommend approval of the Findings of Fact
contingent upon all site plan requirements being fulfilled. This matter would not go to the City Council
until the site Plan is ready for approval.
ATTACHMENTS:
Request for Planning Commission Action ......................................................... ...............................
1
PublicHearing ........................................................................................................ ...............................
2
DraftResolution of Findings ................................................................................ ...............................
3
Application for Special Use Permit ...................................................................... ...............................
4 -5
ProjectNarrative .................................................................................................... ...............................
6
PropertySketch ...................................................................................................... ...............................
7
Bast /Ross Nesbit Agencies — Letter(s) re: Parking ...................................... ...............................
8 -9
Sign Change Request /Nesbit Letter re: Sign .................................................... ...............................
10 -11
LandscapingRequest ............................................................................................. ...............................
12 -13
Parking Plans and Measurements ....................................................................... ...............................
14 -16
SiteDrawing .......................................................................................................... ...............................
17
BufferMap ............................................................................................................ ...............................
18
Ordinance 52.21— Transportation Corridor Overlay District Site and Design Standards .........
19 -24
Ordinance 52.32 — B2 Hwy 75 Business District ............................................... ...............................
25 -35
6:1
CITY OF ST. JOSEPH
V/W\V. cityof stioseph.com
Publish: February 19, 2010.
IProposed location of j
special use
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2S College Avenue North • PO Box 668 ' Saint Joseph, Minnesota 56374
Phone 320. 363.72o1 Fax 320-363 0342
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday, March
1, 2010 at 7:10 PM. The purpose of the hearing is to consider a Special Use Permit to
allow for a used auto dealership at 709 County Road 75.
Administrator
Judy Weyrens
The property is legally described as: .64 A. E 170' OF W 186.5' OFOF LOT 9 N OF HWY
52.
St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Special Use Permit. The
Mayor
following uses shall require a Special Use Permit based on the procedures set forth in
Al Rassier
Section 52.07.03 of this Ordinance:
e) New or used auto dealerships
Councilors
Kristy Bast, 1021 13th Avenue NE, St. Joseph, MN 56374 has submitted the request for
Steve Frank
Special Use.
Bob Loso
Renee Symanietz
Dale Wick
Judy Weyrens
Administrator
Publish: February 19, 2010.
IProposed location of j
special use
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2S College Avenue North • PO Box 668 ' Saint Joseph, Minnesota 56374
Phone 320. 363.72o1 Fax 320-363 0342
City of St. Joseph
IN RE:
Application of Kristy BosVHennigsen
Special Use Permit — Used Car Lot
709 County Road 75 East
FINDINGS OF FACT
FINDINGS OF FACT
AND DECISION
On March 1, 2010 the St. Joseph Planning Commission conducted a public hearing to consider
the application of Kristy Bast and Jim /Antoinette Hennigson for a Special Use Permit to for used car sales
at 709 County Road 75 . The matter was duly published and notice was provided to property owners
within 350 feet of the above referenced property.
The Planning Commission hereby finds the following facts as it relates to the request of Kristy
Bast / Hennigsen to secure a Special Use Permit to allow for the sale of used cars at 709 County Road 75.
1. The subject property is located in the B2- Highway 75 Corridor governed by Ordinance
52.32. New /Used car lots are a permitted use through issuance of a Special Use Permit.
2. The property is currently used as an insurance agency which will continue. The property
would also be utilized for a used car lot. Under the Ordinance this dual use is permitted.
3. St. Joseph Code of Ordinance 52.32 identifies general provisions for all special uses permits
in the B -2 Zoning District which requires landscaping and paving.
4. In addition to adhering to guidelines in the B -2 Zoning District, the property also fall under
the regulations of the Transportation Corridor Overlay District which was established by
Ordinance in 2006. The purpose of the overlay district is to protect and promote the health,
safety and general welfare of the public; to enhance the visual appearance of the corridor;
to protect and promote the appearance, character and economic values along the corridor
and the surrounding neighborhoods.
5. The proposed site plan indicates that used vehicles will be placed around three sides of the
facility and the Overlay Ordinance does not allow parking in the front setback area. In
additional all parking areas must be paved.
6. The proposed site plan submitted includes sign detail which exceeds the maximum. The
property is allowed signage and all signage must meet the Ordinance requirements.
The proposed use is adjacent to the City compost area which is accessed by use of a gravel
road. The compost area is highly utilized and during peak hours vehicles may become
dusty.
3:a
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph Planning Commission recommends approval of the
Special Use Permit based on the following:
The proposed use is consistent with those identified in the B2 Zoning District and the
vehicles can be located in areas that do not infringe on setback areas. The
recommendation includes the following conditions:
a. All vehicles must be parked on paved areas.
b. The use of streamers and banners is prohibited and temporary signs are only
permitted as provided for in the St. Joseph Code of Ordinances.
c. The proposed car lot will be located adjacent to the access road to the City of St.
Joseph Compost area and the property owner acknowledges the access road is
gravel in nature. During normal operating hours the area may become dusty and
the City has no obligation to remedy dust concerns.
d. The property owner will secure a sign permit and the revised sign will meet the
Ordinance requirements.
Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning
Commission, the request for Special Use is forwarded to the City Council as a recommendation for
approval.
Passed by Resolution of the St. Joseph Planning Commission on March 1, 2010.
CITY OF ST. JOSEPH
By
By
Kathleen Kalinowski, Chair
Judy Weyrens, Administrator
3:b
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 )
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COUNTY OF STEARNS )
NAME:
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[/We, 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.
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2. Legal description of land to be affected by application, including acre 'age or square footage of land involved, and street address, if any
(attach additional sheet if necessary):
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3. Present zoning of the above described property is: D n /w) f —pa
4. Name and address of the present owner of the above described property:
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5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
Yes j-" No
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6. Will the proposed use depreciate the area in which it is proposed? Please explain:
F Yes No
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8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
Yes r No
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Attached to this application, and made a part thereof, are other material submission data requirements, as indicated.
Applicant Signature:
Date:
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Property Owner Signature: Date:
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
215
Planning Commission Action: r Recommend Approval j Recommend Disapproval Date of Action:
City Council Action: r Approved r Disapproved Date of Action:
Date Applicant /Property owner notified of City Council Action:
6:5
From: Kristy Bast
To: City of St. Joseph, Planning Commission and City
Council.
I want to thank you for your review and consideration for
approval of my Application For Special Use Permit.
My family and I live here in St Joseph and are very excited
about starting a used car dealership and serving the local
community with great quality products and services. My goal
is also to use and support local businesses for our business as
well.
I wanted to make sure I would meet the zoning ordinance
when selecting a location for our used car dealership on the
highway 75 business district in the City of St. Joseph. I know
North Country Auto Sales and Wes' Auto Sales in St. Joseph
are both commercial properties on the highway 75 business
district that meet the commercial zoning ordinance for a used
car dealership by meeting the application for special use
permit requirements. I believe that I have fully completed the
Application For Special Use Permit for a used car dealership
and have attached additional requested documents, material
and measurements.
After approval of my special use permit, my motor vehicle
dealer license application will be submitted to Minnesota
Department of Public Safety and my business name and
company will be properly filled with the Minnesota Secretary
of State. My business will always comply with all state, city,
county and government laws and ordinances.
Thank you for your time and consideration.
Kristy Bast
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To: City of St. Joseph — Planning Commission — City Council
From: Kristy Bast (Used Car Dealership)
We have looked at the parking standards that are in the ordinance 52 — zoning ordinance.
We understand the reasons for having zoning ordinances and we certainly want to
comply with them. After having discussions with Jim and Antoinette Henningsen, the
owners of the building, their position on the paved parking areas are the same and we are
asking for the City of St. Joseph, Planning Commission and the City Council to work
with us and approve the original parking plan we submitted. We have included a site plan
with the proposed parking areas highlighted in yellow. The proposed parking areas,
especially the frontage facing highway 75, are detrimental to display and sell our
inventory of cars. The paved area facing the west is also needed to capture the traffic
flow coming into the City of St. Joseph.
The main road leading into the proposed business location we understand is also used for
the City of St. Joseph compost site. The concern for the city was the dust that would be
created from the traffic getting the cars dusty. I, Kristy Bast, would not hold the City of
St. Joseph responsible for the dust created from the use of the compost site.
We will always strive to maintain and improve the business site. We have enclosed a site
plan showing the current landscaping highlighted in yellow and showing some thoughts
on future landscaping highlighted in pink. Once again, when the snow is gone and we can
better see everything we will submit a landscaping proposal to the city for approval.
We have also included pictures that should be helpful as you consider the proposed
parking areas.
Thank you again for your time working on this project, and we look forward to the
planning commission meeting on March 1St
Sincerely,
L��a
Kristy Bast
6:8
YOUR �/ia/werrtt
Nsuranoe/ AGENT
SERVES Y FIRST
Jim Henningsen
Agent
ROSS NESBIT AGENCIES, INC.
Complete Insurance and Financial Planning
800 - 741 -0822• Fax 320 - 363 -0222
709 County Road 75 • P.O. Box 69 • St. Joseph, MN 56374
February 24th, 2010
O I l S S 1 A h
PIAN
J' r
*A N( I A G
Antoinette Henningsen
Agent
We are writing this letter regarding the new ordinance pertaining to
parking in front of a building. We will be attending the planning
commission meeting March 11t to hear and address any concerns the
city of St. Joseph may have.
We would just like to say that part of the proposed parking for the
used car dealership is the paved area in front of the building and the
west side of the building. These paved areas have been used for
parking by owners of the building and their customers for many
years. We feel that should be grandfathered like any other business
that had prior paved parking in front of their buildings.
We currently provide insurance for car dealerships, so we
understand how vital it is for their business to have the cars
displayed for the traffic to see. The owners of the used car
dealership will not just be renting from us they will also be
customers of ours and we would like to see their new business
succeed in our city.
Sincerely,
'?AA*--
Jim and Antoinette Henningsen
6:9
SiLyn Change Request:
For: Current Sign located at 709 County Road 75, St
Joseph, MN 56374
The sign change request below with measurements is
how the sign would look on both sides. It would be done
by a sign company and would look like the sign located
at 305 E Cedar St in St Joseph that has Omann
Insurance and Mortgages On Main sharing the sign.
The current phone number sign would be split also.
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Complete Insurance Plannin
o E E S S l p r
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G*409CE AGl
Jim Henningsen 6
Agent 800 - 741 -0822 • Fax 320 -363 -0222 Antoinette Henningsen
709 County Road 75 • P.O. Box 69 • St. Joseph, MN 56374 Agent
02 -05 -10
Jim Henningsen
709 County Road #75
St. Joseph, Mn. 56374
Re: Retail Office located at 709 County Road #75, St. Joseph, Mn. 56374 application for sign variance -
Kristy Bast.
Owners of this property would approve the sharing of the sign Ross Nesbit Agencies, Inc. The Hartford.
Jim Henningsen�'rl
Antoinette Henningsen
J
6:11
LandscapinjZ
Once spring comes and the snow is gone and we can see
everything along with the property owners we will look
at landscaping options for the property.
Anything that we would do would be submitted to the
city for approval process.
Thank you,
Kristy Bast
6:12
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Parcel ID 84.53440.0005 Alternate ID N/A Owner Name JAMES W & A R HENNINGSEN
Sec /Twp /Rng 10- 124 -29 Class 233 - COMM LAND & BLDGS Owner Address JAMES W & A R HENNINGSEN
Property Address 709 COUNTY ROAD 75 Acreage 0.00 32562 IRONWOOD DR
STJOSEPH ST JOSEPH, MN 56374
District
Brief Tax Description Sect -10 Twp -124 Range -029 AUD SUBD #04 Lot-009 .64 A. E 170' OF W 186.5' OFOF LOT 9 N OF HWY #52
_ 6:13
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For: Property located at
709 County Road 75
St Joseph, MN 56374
Parking Plans & Measurements
(Continued On Next Page)
The paved parking areas on this property where
dealer cars for sale, tenant cars and customer cars
will be meet the Stearns County Highway set -back
or right of way.
Dealer cars for sale: On the next page where these
cars will be parked are in the yellow hi- lighted
areas.
Tenant and customer cars: On the next page
where these cars will be parked are in the pink
hi- lighted areas.
6:14
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Parcel ID 84.53440.0005 Alternate ID N/A Owner Name JAMES W & A R HENNINGSEN
Sec /Twp /Rng 10- 124 -29 Class 233 - COMM LAND & BLDGS Owner Address JAMES W & A R HENNINGSEN
Property Address 709 COUNTY ROAD 75 Acreage 0.00 32562 IRONWOOD DR
ST JOSEPH ST JOSEPH, MN 56374
e4.&WCOW
District
Brief Tax Description Sect -10 Twp -124 Range -029 AUD SUBD #04 Lot-009.64 A. E 170' OF W 186.5' OFOF LOT 9 N OF Hwy #52
(Note: Not to be used on legal documents)
6:15
For: Property located at
709 County Road 75
St Joseph, MN 56374
From: James & Antoinette Henningsen
(Property Owners)
Parking Plans & Measurements
We agree with the parking plan proposal from Kristy
Bast on the following 2 pages.
95% of our Insurance business is done away from our
office meeting with clients. When we do have clients
come to our office it would only be two different
clients at any given time.
We are very excited for this car dealer business to join
our Insurance business because we feel they will
compliment each other very well.
James 14`6 nning en Date
6:16
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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. sehine. com /sehsvc/html /dvo /mapLayout.htm 2/16/2010
ORDINANCE 52 — ZONING ORDINANCE
Section 52.21: TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND
DESIGN STANDARDS
Subd. 1: Intent.
a) This district is intended to protect and promote the health, safety and general
welfare of the public; to enhance the visual appearance of the corridor; to protect
and promote the appearance, character and economic values along the corridor
and the surrounding neighborhoods.
b) This district is furthermore intended to maintain the long -term function of arterial
and collector roadways; to limit access and the number of conflict points; to
promote vehicular circulation; and to promote prevention or reduction of traffic
congestion and danger in the public streets.
Subd.2: Scope.
a) The Transportation Corridor Overlay District shall be defined as follows:
1. CSAH 75 Corridor:
A. West of South Fork of Watab River: areas within 300 feet from the
nearest edge of the CSAH 75 right of way.
B. CSAH 75 West of 20th Avenue: areas within 300 feet from the
nearest edge of the CSAH 75 right of way.
2. 20th Avenue Corridor:
A. South of CSAH 75: areas within 300 feet from the nearest edge of
the 20th Avenue right of way.
B. North of CSAH 75: areas within 300 feet from the nearest edge of
the 20th Avenue right of way.
3. CSAH 2 /CSAH 3 Corridor:
A. South of CSAH 75: areas within 300 feet from the nearest edge of
the FUTURE CSAH 2 right of way.
B. North of CSAH 75: areas within 300 feet from the nearest edge of
the CSAH 2 /CSAH 3 right of way.
6:19
52.21 -1
ORDINANCE 52 — ZONING ORDINANCE
4. 1 -94 Corridor:
A. 500 feet from the nearest edge of the 1 -94 right of way.
Subd. 3: Exemptions. Single and two - family residential uses shall not be subject to the
standards of the transportation corridor overlay district. However, at such time that a single or
two- family residential use is to be converted to another use it will be subject to the standards of
the transportation corridor overlay district.
Subd. 4: Uses Allowed. Permitted, conditional, interim and accessory uses allowed
within the transportation corridor overlay district shall be the same uses those allowed in the
applicable underlying zoning district(s).
Subd. 5: Setbacks, site coverage, building height, building requirements contained within
the applicable underlying zoning district shall apply. In addition the following standards shall be
observed. All buildings shall maintain a minimum setback of one hundred (100) feet from the
road right -of -way limit. Comer lots shall maintain two front setbacks.
Subd. 6: Parking Standards. The following standards shall be in addition to those
required within Section 84 of this ordinance relating to off - street parking and loading. Where
standards conflict the most restrictive standard shall apply.
a) Parking areas shall be designed and located so as to have minimal visual impact
along transportation corridors. Therefore, all parking areas shall be constructed in
the rear or side yards, unless specifically permitted in the front yard by the
Planning Commission. When permitted in the front yard, additional landscaping
and buffering may be required by the Planning Commission to minimize visual
impact. No parking will be allowed within a fifty (50) foot setback from the
nearest external boundary of the applicable transportation corridor right -of -way
limit.
b) Where a development application covers land located adjacent to an existing
parking lot used for similar purposes, a vehicular connection between the parking
lots shall be provided wherever possible. For development applications adjacent
to vacant properties, the site shall be designed and constructed to provide for a
future connection.
c) Parking lot landscaping. All development sites shall landscape an area equivalent
to fifteen (15) percent of the total area of the required parking lot. Said required
landscaping shall be employed within the subject parking lot and adjacent to
walkways within and leading to /from the subject parking lot.
Subd. 7: Sign Standards. The following standards shall be in addition to those required
within Section 52.11 of this ordinance relating to signs. Where standards conflict the most
restrictive standard shall apply.
6:20
52.21 -2
ORDINANCE 52 — ZONING ORDINANCE
a) Free - standing signs shall not be placed nearer than twenty (20) feet from the
nearest edge of the transportation corridor right -of -way.
b) Free - standing signs within the required landscaped greenway shall be designed in
a manner complementary to the landscaped greenway.
c) Free - standing identification signs shall have a low- profile design not more than
eight (8) feet in height and shall be designed to complement and reflect the
architecture of the building.
Subd. 8: Site Design Standards.
a) Viewsheds.
Viewsheds shall be defined as the area between two separate locations
wherein an uninterrupted view of each point is maintained. The viewshed
in the transportation corridor overlay district shall at a minimum
correspond to a forty (40) foot landscaped greenway as measured from the
nearest edge of the applicable right of way.
2. Viewsheds shall be considered in all development proposal applications
within the transportation corridor overlay district.
3. Development shall be designed to minimize the visual intrusion of all
buildings, structures, and landscaping in the viewshed.
b) Outside storageldisplay of goods. Outside storage or display of goods except
automotive and similar large item sales shall be completely screened from the
view of the corridor roadway by the employment of a vegetative buffer. This
standard is in addition to those required within the underlying zoning
classification and Section 52. 10, Subd. 10 of this ordinance relating to outdoor
storage. Where standards conflict the most restrictive standard shall apply.
C) Utilities. Utility lines, including electric, cable and telephone, to serve the
development project shall be installed underground. All junction and access boxes
shall be screened. All utility pad fixtures, meter boxes, etc. shall be shown on the
site plan and integrated with the architectural elements of the site. In redeveloping
areas within the transportation corridor overlay placement of utility lines
underground is highly encouraged.
d) Fences.
1. This standard is in addition to those in Section of this ordinance relating to
fencing. Where standards conflict the most restrictive standard shall apply.
6:21
52.21 -3
ORDINANCE 52 — ZONING ORDINANCE
2. Fences exceeding four (4) feet in height shall be located in the side and
rear yards only.
3. Chain link fences, including those with slats are prohibited when visible
from the public right -of -way.
4. No fence shall be permitted in the front yard, except that those provided to
enhance the visual appearance of the site /landscaping plan may be allowed
provided they do not exceed two feet in height and are of a reasonable
linear length.
e) Mechanical equipment. Mechanical equipment shall be shielded and screened
from the public view and designed to be perceived as an integral part of the
building.
f) Street tree landscaping. In all instances where commercial and/or multi - family
residential districts are adjacent to any public street, street tree/landscaping will be
required as approved by the City.
Subd. 9: Building Layout/Design.
a) Integrated development. All buildings within the property shall be developed as a
cohesive entity, ensuring that building placement, architectural treatment,
vehicular and pedestrian circulation and other development elements work
together functionally and aesthetically. Architectural treatment shall be designed
so that all building facades of the same building (whether front, side, or rear) that
are visible from the public right -of -way, shall consist of similar architectural
treatment in terms of materials, quality, appearance and detail.
b) Clustering. Buildings shall be clustered together to preserve natural and landscape
open areas along the transportation corridor. Buildings shall be arranged in a
manner that creates well - defined open space that is viewable from the traveled
portion of the corridor.
c) Architectural Appearance /Scale.
1. New buildings shall have generally complex exterior forms, including
design components such as windows, doors, and changes in roof and
facade orientation. Large flat expanses of featureless exterior wall shall be
avoided. The treatment of buildings shall include vertical architectural
treatment at least every 25 -30 feet to break down the scale of the building
into smaller components.
2. Orientation. Building facades and entrances should be oriented in a
manner toward the primary means of vehicular access.
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52.21 -4
ORDINANCE 52 — ZONING ORDINANCE
3. Scale and proportion. New construction should relate to the dominant
proportions of buildings and streetscape in the immediate area. The ratio
of height to width and the ratio of mass (building) to void (openings)
should be balanced.
4. Architectural details shall continue on all facades visible from the public
right -of -way.
5. Any facade with a blank wall shall be screened with vegetative treatments
and/or the installation faux architectural treatments (e.g. fenestrations) so
as to break up the mass and bulk of the facade in a manner fitting the
intent of this section.
d) Materials. Building materials shall be typical of those prevalent in commercial
areas, including, but not limited to, stucco, brick, architectural block, decorative
masonry, non - reflective glass and similar materials. Architectural metal may be
used for a portion of facades facing public rights of way but shall not be the
dominant material employed with windows and doors being excluded from this
calculation.
e) Color. The permanent color of building materials (to be left unpainted) shall
resemble earthen tones prevalent in nature. Showy and striking colors shall be
avoided.
f) Lighting:
1. All outdoor lighting fixtures shall be down - directed, with light trespass not
to exceed 0.5 foot - candles at the property line.
2. All island canopy ceiling fixtures shall be recessed.
3. Whenever possible commercial lighting should be reduced in
volume /intensity when said commercial facilities are not open for
business.
Subd. 10: Vegetative Screenin Buffers.
a) This standard is in addition to those in Section 52.12, Subd. 3 of this ordinance
relating to landscaping. Where standards conflict the most restrictive standard
shall apply.
b) Any required vegetative /planting screen shall be designed, planted and maintained
in accordance with a landscaping plan approved by the Zoning Administrator.
c) The painting screen shall provide an effective buffer between the area to be
screened and the adjoining roadway or commercial /industrial development.
6:23
52.21 -5
ORDINANCE 52 — ZONING ORDINANCE
d) The planting screen may be comprised of previously existing vegetation (provided
that the majority of such existing vegetation is trees), new plantings or any
combination of existing vegetation and new plantings. When complete, the
vegetation and plantings shall provide a dense year -round screen satisfying the
purpose and intent of this section.
e) The planting screen may consist of a mixture of deciduous and evergreen trees
and/or shrubs or a planting of evergreen trees and/or shrubs.
f) The planting screen shall be subject to on -site inspection by the City which, if
necessary, may prescribe that additional plantings be made in order to satisfy the
standards set out herein.
g) The property owner shall maintain vegetative /planting screening in accordance
with the approved landscaping plan and to abide by requirements for any
additional plantings.
h) Vegetative buffering. In all instances where commercial and/or multi - family
residential districts are adjacent to single - family residential districts, and in all
instances where commercial districts are adjacent to multi - family residential
districts, there shall be established within the commercial and/or multi- family
district, as applicable, a screened yard of vegetative buffering between the
districts. The arrangement and spacing of the vegetative buffer shall be provided
in such a manner as to effectively screen the activities of the subject lot. It shall
generally be provided along the property line, unless topographic or other
considerations would make it more effective if located back from the property
line.
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52.21 -6
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 6:25
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 6:26
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:
1. 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.
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.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
52.32 -3 6:27
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) may be 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 6:28
ORDINANCE 52 — ZONING ORDINANCE
P) Postal Stations
q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon
a fording 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
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 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 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 6:29
ORDINANCE 52 — ZONING ORDINANCE
d) Side yard. 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 Reauirements.
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 f - amelsteel
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, may be 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 6:30
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:
52.3 1, 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 6:31
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 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 6:32
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. 10: Signs. 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:
1. Business Sian. 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.
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:
1. 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 6:33
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.
52.3 1, Subd. 10.b. emended 4/2005 ("section subsequently renumbered)
C) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one -half ( 1 %2) 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:
1. 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 -10 6:34
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 -1, 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 1ro7
52.32 -11 6:35