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HomeMy WebLinkAbout[05] Silver's Equestrian Outfitters LLCCITY OF ST. JOSEPH MEETING DATE: AGENDA ITEM: SUBMITTED BY: PREVIOUS PLANNING COMMISSION ACTION: Council Agenda Item 5 June 7, 2010 Request for Relief from Parking Standards Silver's Equestrian Outfitter's LLC Administration St. Joseph EDA Director BACKGROUND INFORMATION: Nadine Eller - Hollerud has recently purchased the property at 38 Birch Street East and is proposing to use the existing house for a Tack Shop. For informational purposes the meeting material includes a business plan and execute summary from her business model. The proposed use is retail in nature and as such is a permitted use. Since this is an existing building and they are not adding habitable /retail space, the exterior requirements do not apply. The memo included in the meeting material illustrate that the property is in compliance with Corridor Overlay Ordinance as well. Strict enforcement of the parking ordinance would require paved parking as well as perimeter curbing. Eller - Hollerud is requesting a two year period to complete the parking requirements. This property was used as a commercial property prior to her purchase (Curtis Marketing). As can be seen from the request, she is not seeking a variance to exclude, rather a two year window for which to financially prepare. The request is similar to that of other requests granted by the Planning Commission. Since this is an approved use and habitable space is not being added, the project would not require development plan approval. ATTACHMENTS: Request for Planning Consideration 5:1 2010 [061 Jun 02 MDG Memo re: Tack Shop 5:2 -3 Request for Temporary Relief from Ord. 52 Subd 5d & 5f 5:4 Site Plans 5:5 -6 Business Plan 5:7 -16 St. Joseph Code of Ordinances 52.32: B -2 Hwy 75 Bus District 5:17 -27 REQUESTED PLANNING COMMISSION ACTION: Request the City Council execute an agreement providing the property owner two years to complete the parking lot requirements. 5:1 &dVft1hA MUNICIPAL DEVELOPMENT GROUP, INC. DATE: June 2, 2010 MEMO TO: Judy Weyrens, City Administrator FROM: Cynthia Smith - Strack, Municipal Development Group RE: Tack Shop Background During the regular EDA meeting on May 26, 2010 an application to the EDA's Business Fagade Architectural Grant Program (BFA) was reviewed. During discussion on the application questions regarding consistency with land use regulations arose. As a result of the discussion relating to land use I'd like to provide clarification relative to discussion at the EDA meeting. 1. The proposed use is retail, an equestrian tack shop (selling personal and equestrian apparel and equipment). The use is permitted in the B -2 Highway 75 Business District under Section 52.32, Subd. 2C, subsections 1 and 6. 2. Several questions revolved around whether or not the structure was being altered. While a deck is being added for access purposes, including handicap accessibility, the building is not being structurally altered based on the following: a. Section 52.04, Subd. 12 defines a "Building" as 'Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of any person, animal, or chattel or property of any kind... '. The deck is not a habitable space and doesn't include a roof, therefore, is does not fit the definition of a 'Building' in and of itself. b. Section 52.04, Subd. 103 defines a "Structural Alteration" as 'Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or exterior walls'. Clearly the access ramp and deck do not rise to the level of 'structural alteration'. 3. Section 52.32, Subd. 8(c) relates to building exteriors and exterior building materials in the B -2 District. It is noted those standards relate only to new facilities and not existing buildings. 4. The property abuts East Birch Street and not CSAH 75, applicable setbacks are front 20 feet, side and rear ten feet. The structure is not being altered. Current structural setbacks on site are: front 24'; interior side 37', 3 "; side /alley 13', 6 "; rear 50'. The proposed deck is to be 19' 3" from the front property line at its closest point. Under Section 52.12 (General Yard and Building Standards), Subd. 5, b) decks may extend into a required front yard by five feet so setback of the deck is not an issue. 5. Parking is regulated by Section 84.08. Parking will be in the rear of the building. Standards are met with the exception of surfacing and curbing to which an extension of time to bring into compliance is requested by the Applicant. It is noted the parking does not adjoin a residential use as an alley separates the commercial use from the residential 5:2 use and the parking ordinance specifically uses the term 'adjoin' relative to a 'parking lot boundary' and a residential district. In addition, the parking lot boundary doesn't extend to the property line. 6. Section 52.21 is the Transportation Corridor Overlay. It is noted: a. The use is allowed in the underlying zoning district. b. Setbacks are not proposed to change as a structural alteration is not contemplated. c. Under the overlay district parking is required to be in the rear or side yard. In this instance the parking is proposed for the rear yard. d. A permit will be required prior to placement of any signage on the site. e. Required design standards: i. Viewshed requirements are measured from the edge of the applicable right of way (in this case Highway 75), this property is separated from Highway 75 by a second public right of way (Birch Street) which is more than 40 feet in ROW width. Therefore, the viewshed standard is not applicable. ii. Neither outdoor storage or fencing is proposed as part of the site plan. iii. Street tree landscaping is proposed to remain as is on the subject lot (trees and softscape to continue). f. If the Planning Commission wishes to review vegetative screening /buffering a landscaping plan could be requested. 5:3 TO: The St. Joseph Planning Commission FROM: Nadine Eller - Hollerud, Silver's Equestrian Outfitters, LLC DATE: May 26, 2010 RE: Request for Temporary Relief from Ordinance 52 subd. 5d & 5f This is a request for relief from the St. Joseph City Ordinance 52 subd. 5d & 5t which requires new parking lots to be paved with curb and gutter installed. I am requesting that the City of St. Joseph relieve my new business, Silver's Equestrian Outfitters, LLC, 38 East Birch Street, from this requirement for a period of two years from the date of Planning Commission approval of the site plan design. The first two years in any business is difficult. The expense of the requirement at this time would greatly hinder my ability to obtain the necessary inventory and market the business in order to create positive cash flows. I understand the meaning behind the Ordinance and would like to have paved parking at this time, but it is just not feasible. The other matter of concern to me is the gravel surface of the alley access to my parking area. If I were to pave my parking lot, I would be battling the pitting affects that gravel can have on paved surfaces. . Please approve my request for relief from Ordinance 52 subd. 5d & 5f for a period of two years as of site plan approval. Kindest Regards, Nadine Eller - Hollerud Silver's Equestrian Outfitters 38 East Birch Street St. Joseph, MN 56374 320 -291 -1234 5:4 i ' -G gl EWC K EXI5tINCs GON � W V �Tn Gi O F � W W� N W Q I / dop .00 do a A �a w� 96-J701 J I ///122 fill 1/ a J a 131► WJ Z �J� 1� r z 1 O A Z � o � W a o a W a m O `' J J J L 11 W W 1.4 Q n n W � � � wx � Z 11 11 11 c N LU Wfv O O IL a U- (L N d W LL O n J-L1 U O V 1/ a J a 131► WJ Z �J� 1� r LO z O A Z � o � W a o a W O O `' a x L M -1 W 1.4 W v o W � � � wx � Z o cn c N z oMO O O LO C` I I i -- --- - h - Wit, � 0 5:6 BUSINESS PLAN ER'S EQUESTRIAN SUPPLY 38 EAST BIRCH STREET ST. JOSEPH, MN Nadine Eller- Hollerud a t , x , BUSINESS LOCATIONt SILVER'S EQUESTRIAN SUPPLY Retail Brick and Mortar Store in St. Joseph, MN, 38 East Birch Street • Invest in exterior: Full length open front porch with ramp. pnt exterior, add rear parking lot • Make interior ready for retail i saddle and ridingequipment • Riding clothes and boots • Easy access vehicles from Highway 75 J� d • Fully Handicapped accessible FILLING A NEED IN THE EQUINE NICHE MARKET 1. Market Needs ■ New Tack New Apparel • Used Tack • Special Supplements • Repair and Services t` i x $102 billion dollar impact on v $930 million dollar impact U.S economy annually on the Minnesota economy x $60.6 billion recreation and , Stearns and Wright Counties showing segments in the top five x $60,000 median household , 45% of horse owners make income $25,000 to $70,000 annually 2005 AMERICAN HORSE COUNCIL STATISTICS SCOPE OF BUSINESS - FILLING THE RETAIL NICHE Central Minnesota Equestrian Market \ 4111111111111W Dressage Hobby/Trail 7 n Endurance t Jumping .1 Western/ ,c ,; English Rodeo a INITIAL PLAN r! • Capital Expenses $93.000 • Initial Inventory • Property improvements to visible highway frontage compliant with beautification plans • Full commercial and liability insured • Security system Only tack store of its kind within 100 miles • Area is home to several large Dressage and Endurance riding barns • Marketing and Promotion opportunity: located right between two horse show active fair grounds • Monthly advertising • Visibility at Events and Show • Word Of Mouth • Social Media OWNER'S BACKOROUNQAND_EXPERIENCE x 30 years experience with horses, riding and equine sporting events x 15 years experience with retail management, customer service, merchandising, and marketing Master's Degree in Business Administration x Well established member of the local equine community � 4 � +��$• 4 , T CONCLUSION Approval of Site Plan' by St. Joseph Planning Commission and Building permits Make property improvements and acquire vendors Move in and open Silver's Equestrian Supply in St. Joseph Minnesota Silver's Equestrian Outfitters 38 East Birch Street St. Joseph, MN 56374 Nadine Eller- Hollerud/ Owner Executive Summary A significant force behind the opening of a new retail business in any geographic location is need for the business. The force behind the opening of Silver's Equestrian Supply in the St. Cloud area is to fill the need that the equestrian market in that area has expressed. This particular market niche is currently wide open, with little to no competition and a wide variety of horse activities and enthusiasts. Thoughtful planning and research has gone into the decision to open a tack and clothing supply store to the horse loving population. The market analysis conducted for the purpose of this plan has revealed that horse people are still spending money on the tack, clothing and supplies they need in pleasure and competition. The opening of a retailer, such as Silver's, specializing in these products would be successful given the retail business experience of the owner, the knowledge of equine needs of the owner, the need, and the psychographic factors of the target customers. In other words, Silver's will professionally sell a desired lifestyle to a niche in central Minnesota. Financial analysis has revealed that Silver's will not be a huge risk financially based on the capital spending plan. Overestimation of significant expenses has ensured that there will still be a profit even if an assumption proves slightly inadequate, or an unexpected expense surfaces upon 5:9 opening. Overall, the analysis of the equine market, simplicity of marketing to this niche, and the financial plans have solidified my belief that opening a retail equestrian supply in or near St. Cloud, MN would be a successful business. Statement of Purpose This is a business plan to open an equine tack, apparel and equipment retail store in Central Minnesota. Introduction This is a market analysis and business plan for a retail horse equipment and apparel store, Silver's Equestrian Supply. Market research has been conducted using literature, statistics review and interviews of equestrians in the area. Literature review includes equestrian trade journals and articles on current retail market trends. An examination of the viability of an equestrian store near my hometown has determined the practicality of the business plan. My purpose is to create a horse tack and equipment retail store in Central Minnesota. Industry Analysis The Central Minnesota equine industry is a small example of the global equine industry. Certain equine disciplines are growing in popularity, and people in the area need to buy specific tack for the various equestrian disciplines they pursue. In 2005 the American Horse Council completed a comprehensive study of the horse industry on the U.S. economy. According to the American Horse Council, the horse industry has a $39 billion dollar direct impact on the U.S. economy every year and a $102 billion dollar impact when figuring the direct and indirect spending (American Horse Council, 2005). These figures do include the sale of horses, race track gambling income, and feed crop production which do not directly affect a tack and equipment business. However, the inclusion of those segments of the horse industry help to draw the 5:10 conclusion that people in the horse industry have money to spend and they do spend quite a bit (McClatchy, 2009). Relating directly to this business are the statistics that revealed the number of horse owners and the amount of spending in the recreational and showing segments of the horse industry. It is estimated that horse owners in Minnesota spend around $678 million dollars annually on horse related activities. In central Minnesota, Stearns and Wright Counties are in the top six in Minnesota for the number of horse owners and horse related spending (Buhr, 2004). Studies by the American Horse Council revealed that 45% of horse owners are middle -class making $25,000 to $70,000 annually. They tend to live in and around communities with populations of 50,000 or less (American Horse Council, 2005). Central Minnesota is made up of cities with populations of 50,000 or less and surrounding rural areas that have a variety of training stables and showing barns. Central Minnesota is a perfect location for an equine tack and equipment store especially given the lack of competition. Comparison of online tack retailers and brick and mortar stores for this type of business reveals that online retailing makes pricing more competitive than ever. Shoppers can compare in -store merchandise with the item at numerous online only stores while they are standing in the brick and mortar business. On the upside of this phenomenon is the convenience of cash and carry that the physical store provides, as well as the ability to try on items and not have to pay shipping, or return shipping if the item does not fit. 511 The type and quality of inventory carried to satisfy the local market need for a full supply tack and apparel business can vary greatly. It is the intention of Silver's Equestrian Supply to carry high quality merchandise that is not available at local feed or fleet stores like Mills Fleet Farm and Mimbach Fleet Supply. After years of buying horse tack and equipment it has become evident that consumers of these products do get what they pay for. Buying low price new merchandise does usually mean that the buyer is giving up quality. Many of the high quality tack lines are handmade or hand tooled. There is also a difference in the price of synthetic materials verses genuine leather goods. There are high quality synthetic saddles and bridles available on the market at a portion of the price of leather but consumers need to be wary of cheap reproductions. The upside of synthetic is the ease of cleaning and the fact that much of it is waterproof. Silver's intends to offer a variety of quality synthetic and leather goods. Silver's will not offer low cost, mass manufactured, low quality tack and equipment as seen in Mill's Fleet Farm and Mimbach Fleet Supply. These stores attract bargain price minded hobby horse owners that pay little attention to quality, comfort and fit. Low -end bargain saddles are only a good buy for those who enjoy occasional, very short rides. These buyers are welcome to Silver's but are not our target customer. Unlike the local farm stores that carry only a small selection of western tack and gear, Silver's will carry tack and equipment sought after and needed by those riders that compete in endurance racing, English, dressage, hunter, jumper, showing, competitive trail, cross country, rodeo, roping and reining. This list is not exhaustive. Careful selection of inventory will lead to a quality inventory mix to best meet the needs of the local market. SWOT Analysis 5:12 The strengths of Silver's include the ability of me as owner to combine my experience with horses and my retail business experience. Many people can start a business with passion, but having business experience and education will enhance the store's chance to be successful (MacDonald, 2005). Weaknesses include the expense of property renovations and inability to set up computers and store inventory on the property until proper security is in place, which may delay opening. The biggest opportunity for Silver's is the lack of competition in Central Minnesota. The only direct competition with similar high end tack will be independent representatives that sell out of trailers at public expos and big shows. However, the combination of a brick and mortar store for the purchases better made in person, and an online store for those who wish to shop from home, gives people options both for returns and fittings. Threats to Silver's are eBay stores and other online auctions or sales that may be able to offer deep discounts. Big retail equine suppliers like Dover and Stateline tack are expanding west from the east coast. There are a few stores in the Minneapolis and St. Paul that try to emulate these tack giants and may eventually put up stores closer to Central Minnesota. Description of Venture Silver's Equestrian Supply will be a retail horse tack, equipment and apparel store in St. Joseph Minnesota. I have been thinking about the tack store concept in this area for a few years. More recently my daughter has started showing her horse and competing in dressage. Searches for 5:13 appropriate tack, attire and supplies were exhausting and revealed a definite lack of resources in Central Minnesota. I started to wonder what other parents do to outfit their children and horses for showing, competing and club events and found that they had to travel very far or take their chances ordering over the internet. Adults also have a difficult time finding the right quality equipment for their sport or hobby. The need is not only for aesthetic purposes, but safety and regulations. Silver's will carry safety equipment as well as sport specific tack and apparel that are regulation for official showing (Seigel, 2009). The Central Minnesota Market consists of horse enthusiasts from beginners to avid professionals. The store will cater to a variety of customers, from those that wish to know more about horses, to the avid rodeo rider and showing professional. There are many pony clubs, schooling shows and 4H shows in Stearns and its surrounding counties. All of these youth events require certain tack and apparel to participate (MacDonald, 2005). It will be very convenient for parents and grandparents to have a store where they can bring the children in for tack and apparel fitting. It will also be nice to have a store that a parent can find used equipment at a lower price when a child is experimenting with an event, and may not continue in the same area. Adults also like to try different events and look for used tack and apparel to save on expenses if they do not enjoy the sport and try a new one. Many people start in dressage and move into jumping and cross country. These sports all require different gear and different attire. 5:14 Silver's will also carry horse related gifts, books, videos and other items enjoyed by others that love horses but may not own them (MacDonald, 2005). There are many people that decorate their homes in themes. For example, barn wood, western and primitive decor has become popular. Silver's will not carry mass produced decor items, but will carry actual vintage and antique tack and other items that make great gifts and household decoration. However, given the depressed state of the retail gift market at this time, emphasis on gifts will be small. To sum it up, I have conducted an extensive market analysis concerning this particular type of store in this area. My decision to open the store in St. Joseph on this particular property was not taken lightly. I have visited other store in other states that were opened in old houses and they really are quite nice compared to a warehouse or typical retail strip mall space. Existing homes make very warm, friendly places to do business and customers love the idea. I have concluded that the particular improvements that are going to be made to the home on 38 East Birch Street will improve that particular block of Highway frontage in St. Joseph. I would hope that it may attract other retail businesses to follow suit. Any business or city has one chance to make a first impression. Driver's on the highway make split second decisions as to whether or not they want to stop in or continue to the next town. I have read the plans for the Highway 75 business area and appreciate the thoughtful planning and purpose behind the ordinances. My plan is to make the front of the building at 38 east Birch Street not only compliant with the cities ordinances and plans, but a place that attracts visitors. 5:15 References American Horse Council (2005). Most Comprehensive Horse Study Ever Reveals a Nearly $40 Billion Impact on the U.S. Economy. Retrieved January 8. 2010 from: http:// www. manesandtailsorganization .orglAmerican Horse Council 2005_Report.pdf Buhn, B. (2004). Economic Value of Horses in MN. University of Minnesota Department of Applied Economics. Retrieved January 6, 2010 from: www. extension. edu / horse / components /pdfs /economicValueHorse/MN.pdf MacDonald, J. (2005). Running a Tack Shop as a Business. London: J.A. Allen McClatchy. (2009, September). Recession Takes Sharp Toll on Horse Owners. Tribune Information Services. Retrieved September 17, 2009, from www.hoovers.com McDonald, M. A. (1997). Starting and Running Your Own Horse Business. Massachusetts: Storey Publishing. 5:16 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 5:17 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. 6:18 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 j) Recreational Services. 5:19 ORDINANCE 52 — ZONING ORDINANCE 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: 1. 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. 5. 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. p) Postal Stations 5:20 ORDINANCE 52 — ZONING ORDINANCE q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 5: Conditions Applicable to All Special Use Permits. The following conditions 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) PropgAy 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 vard. Setback shall be twenty (20) feet from the lot line. 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. 5:21 ORDINANCE 52 — ZONING ORDINANCE 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, 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. 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 - 522 ORDINANCE 52 — ZONING ORDINANCE 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) Ste. 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. 1) Fire hydrant and fire lane locations. m) Utility locations. 5:23 ORDINANCE 52 — ZONING ORDINANCE 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. 1. 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 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: S, i iips. In the B -2 Highway 75 Business district the general provisions apply to 5:24 ORDINANCE 52 — ZONING ORDINANCE 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 Sign. 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 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. 3. 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. 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. 5:25 ORDINANCE 52 — ZONING ORDINANCE 52.3 1, Subd. 10.b. amended 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: 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: 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. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. 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. 5:26 ORDINANCE 52 — ZONING ORDINANCE 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 5:27