HomeMy WebLinkAbout[05] Public Hearing, Cone Castle0W OF ST. JOSRPH Planning Commission Agenda Item 5
MEETING DATE:
AGENDA ITEM:
PREVIOUS PLANNING COMMISSION ACTION:
May 2, 2011
Public Hearing, Cone Castle
a. Rezoning Request
b. Special Use Permit
PREVIOUS CITY COUNCIL ACTION: The City Council initiated the process for rezoning to facility the
development review process. The developer would like to begin the process of demolition with
anticipation of being open for the 4th of JUly.
BACKGROUND INFORMATION: If the Amendment to the Comprehensive Plan is favorable, the
Planning Commission is being requested to recommend the City Council approve rezoning the property
located at 118 —1St Avenue NW from the current B1, General Business to B2, Highway Business.
If the rezoning is favorable, the Planning Commission would consider the special use permit application.
The B2 Highway Business Ordinance requires a special use permit for Drive thru facilities. The purpose
of requirement is to review traffic movement and access. The development process is separate from
the Special Use Permit and staff is working on the details. In this case the final plans will be reviewed
with the comments of the Planning Commission and Council. Please note that staff is working on
reviewing the plans and have some concerns such as drainage. In the packet of material is their
proposed site plan including landscaping and access.
There has been some concern expressed as to access to Birch Street. The developer was asked to clarify
the design for access and that has been included in the packet. The developer is proposing to construct
a line of arborvitae along the property line to the east to create a buffer.
If the Comprehensive Plan Amendment is not approved, Planning Commission would deny the rezoning
request and the special use permit would not be applicable
ATTACHMENTS: Request for Planning Commission Action
Public Hearing Notice
Submittal information
Email Correspondence
Extract for City Council packet
REQUESTED PLANNING COMMISSION ACTION: If the Comprehensive Plan Amendment was favorable
the Planning Commission would recommend the City approve the rezoning request and special use
permit with any requirements added to the development review process.
J./,'��%�,CITY OF ST. JOSEPH
IX'WW.cltyof stioseph.com
City of St. Joseph
Public Hearing
The St. Joseph Planning Commission shall conduct a public hearing on Monday, May
2, 2011 at 7:15 PM in the St. Joseph City Council Chambers. The purpose of the
Administrator public hearing is to consider an application for rezoning from the current B1, General
Judy VVeyrens Business to B2, Highway Business and an application for special use permit to allow
for the development of a drive thru restaurant in a B2 Zoning District. The property is
located at 118 — 1St Avenue NW, legally described as Lot 001 Block 012 and Lot 1 &
West 46' of Lot 2, Block 12 Townsite of St. Joseph.
Mayor
Rick Schultz All persons wishing to speak will be heard and oral testimony will be limited to five (5)
minutes. Anyone wishing to present written testimony may do so by submitting
Councilors testimony to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph MN
Steve Frank 56374. The request for rezoning and special use has been submitted by Thomas
Bob Loso Holthaus, 9495 Deegan Ave NE, Monticello MN 55362 and Jason R. Neuerburg, JAT
Renee Symanietz Restaurants.
Dale Wick
Judy Weyrens
Administrator
Publish: April 22, 2011
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Judy Weyrens
Subject: FW: additional information
From: Jason Neuerburg jmailto:jasonrneuerburg _ gmail.com]
Sent: Monday, April 25, 2011 1:06 PM
To: Judy Weyrens
Subject: Fwd: additional information
The restaurant will not include any inside seating, only walk up and drive through. However, we will provide a
few picnic tables(4 or 5) that should allow for approximately 16 -20 seats. The drive through will wrap around
the building and exit at the northeast corner of the lot. Our landscaping plan will address the traffic between the
neighboring houses and our business. In addition, we only plan to be open from loam -IOpm to address the
needs of our family business. Our concept is meant to be neighborhood friendly, it is not our intent to draw
late - night(or bar) traffic. Cone Castle is designed to be the community ice cream shop, which allows for our
business to be located off the main corridor and allow for families to enjoy the walk -up opportunity.
I hope this helps, as always let us know if you have any additional questions!
Thank you for all your hard work and support on our project!
Aaron I lolthau5
Co1»e Castle. 1.1.0
1
Judy Weyrens
From: twholthaus tds.net [twholthaus @tds.net]
Sent: Friday, April 29, 2011 10:36 AM
To: Judy Weyrens
Subject: Cone Castle Narrative
April 29, 2011
Re: Site Plan Concerns
Dear Judy,
This letter addresses concerns about the site plan for the Cone Castle property.
1. Access on Birch Street as opposed to 1 st Ave.
Our main goal was to minimize safety concerns. The site lines of having a straight access in we feel are
clearer as opposed to the access being located on 1 st. If we maintain the 30' required from the intersection the
access on 1 st would be located next to the handicapped area and we think that would be a safety issue having
cars turning into the the handicap area as well as other pedestrian traffic within the site. Also we feel it would
be safer for the larger vehicles like supply trucks, garbage trucks, and emergency vehicles to drive straight in
rather than trying to maneuver through turns. Also moving the access to I st Ave. would reduce the parking
spaces by 3. We feel the drainage also works better with this layout.
2. The building will be 2x6 walls with an EIFS exterior around the whole building with stone accents on
columns as shown. The courtyard will have an open roof with exterior columns and wrought iron railings in
between. The colors will be as shown. There will be an awning in the front and over the drive thru window.
3. The drainage issues would be better addressed through the engineers and public works director.
If you have any more questions feel free to contact me at (763) 458 -7193 or email twholth_aus(a-),tds.net
Thanks for all your help.
Tom Holthaus
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ORDINANCE 52 — ZONING ORDINANCE
Section 52.32: B -2 HIGHWAY 75 BUSINESS DISTRICT
Subd. 1: Intent. The Highway 75 Business District is intended to control the use and
development of land and improvements by creating a mixed land use district near and adjacent to
the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by
allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high -value ,
development in a manner similar to a planned unit development, taking full advantage of the
City's highway location. It is also the purpose of the Highway 75 Business District that a
pleasant, attractive, and aesthetically pleasing environment be developed.
Subd. 2: Permitted Uses. The following uses are permitted:
a) Business Services
1. Banks
2.. Office space
b) Food Services.
1. Grocery stores
2. Supermarkets
3. Restaurants, except drive -thru restaurants
4. Delicatessen
5. Bakeries whose product is sold at retail on premises
c) Personal Services.
1. Multiple Retail
2. Drug stores
3. Hardware stores
4. Book stores
5. Discount (`Big Box') retail stores
52.32 -1
ORDINANCE 52 — ZONING ORDINANCE
6. Retail apparel stores
7. Flower shops
8.
Beauty shops and salons
9.
Photography shops and studios
10.
Funeral homes
d) Medical Services.
1.
Medical clinics
2.
Dental clinics
3.
Veterinary clinics
4.
Other institutions providing health care.
e) Movie and Performing Arts Theaters.
f) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Section 5232 subd 2 amended 10/10 (section subsequently numbered)
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs which meet the criteria of Subdivision 9 of this section.
c) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.
e) Fences, landscaping.
52.32 -2
ORDINANCE 52 — ZONING ORDINANCE
Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use
Permit based on the procedures set forth in Section 52.07.03 of this Ordinance:
a) Auto malls and/or automobile service and gas stations, provided that:
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.
Radio and television shops
2. Appliance repair shops
3. Appliance show room's. .
52.32 -3
ORDINANCE 52 — ZONING ORDINANCE
j) Recreational Services.
1. Theaters
2. Bowling establishments
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:
I . 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. `
52.32 -4
ORDINANCE 52 — ZONING ORDINANCE
p) Postal Stations
q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions 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: Uses Under Interim Use Permit: The following uses shall require an Interim
Use Permit based on the procedures set forth in Section 52.07.04 of this Ordinance:
a) Farmers Market/Outdoor Market — a publicly or privately operated, open -air
establishment where agricultural or new or used projects are sold.
1. A site plan shall be provided illustrating that the location of the
temporary /seasonal market meets all required parking lot setbacks and all
other setbacks. The site plan shall be a scaled and dimensioned site plan
52.32 -5
ORDINANCE 52 — ZONING ORDINANCE
showing the layout of the entire market area including parking spaces for
the use, traffic patterns and stall areas.
2. Any temporary structure placed on the property for such sales must be
removed at the end of the selling season or sale. The size of a temporary
building shall not exceed 120 square feet per vendor.
3. The Interim Use Permit shall be obtained through the procedures set forth
in St. Joseph Ordinances 52.07 Subd. 4 — Interim Use Permits.
b) Rental Units.
1. Residential units-in areas that have been rezoned to commercial from
residential may be eligible for 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.
2. The Interim Use as a rental shall be obtained through the procedures set
forth in St. Joseph Ordinance 52.07, Subd. 4 — Interim Use Permit.
3. 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:
4. Public hearings shall be held as set forth in Ordinance 52.07 Subd. 4.
Section 5232 Subd 6 amended 10110 (following Subd subsequently numbered)
Subd. 7: 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.
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.
fl No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
52.32 -6
CITY OF KT. J(1B1 M
MEETING DATE: April 7, 2011
Council Agenda Item 6
AGENDA ITEM: Cone Castle, Funding Assistance
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The EDA Board unanimously
recommended the City Council provide funding assistance in the amount of $ 6,500 to assist with
asbestos abatement.
PREVIOUS COUNCIL ACTION: The City Council approved the 2011 Capital Improvement budget which
includes $ 40,000 for EDA programming. In addition the EDA has carry over funds in the amount of $
5,162.57.
BACKGROUND INFORMATION: See memo from Cynthia Smith - Strack. On the reverse side of this
request is a map illustrating the project location and a sample of what the concept for the proposed
restaurant will include. The developer will be present at the meeting to answer any questions.
Just as a reminder, site plan development will follow this request. Therefore building plans have not
been submitted with this request and is a separate process that staff will coordinate.
BUDGET /FISCAL IMPACT:
ATTACHMENTS: Request for Council Action ......... ............................6:1
Location Map ................................ ............................6:2
Product Illustration ......................
............................6:2
EDA Director Memos .....................
..........................6:3 -4
Quote for Asbestos Removal
.. ............................... 6:5 -6
REQUESTED COUNCIL ACTION: Accept the recommendation of the EDA reimbursing the developer up
to $ 6,500 for asbestos abatement for the purpose of redeveloping the property at 118 —1" Avenue NW.
6:1
Property Location — 118 1" Avenue NW
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Iwe9 CITY OF ST. JOSEPH
VVV.cityof sijoscph.com
6:3
DATE: March 31, 2011
MEMO TO: Honorable Mayor Schultz
Administrator
Members of the City Council
Judy weyrens
Administrator Weyrens
Mayor
FROM: St. Joseph Economic Development Authority
Richard Schultz
Cynthia Smith- Strack Municipal Development Group
Councilors
RE: Request for Assistance — Asbestos Abatement
Steve Frank
Bob Loso
Background:
Renee Synanietz
Attached please find information regarding a request from Cone Castle, LLC relating to the
Dale wick
razing of the residential dwelling unit at 1181at Avenue NW (Marie Loso Property).
EDA
The EDA voted unanimously at their March 30, 2011 meeting to recommend the Council
Carolyn Yaggie-
authorize the expenditure of $6,500.00 from the EDA Capital Improvement Fund to assist with
Heinen
asbestos abatement at the subject property.
Chad Davey
Al Rassier
Representatives from Cone Castle, LLC will be present at the April 7, 2011 City Council
Tom Skahen
meeting. Council Members Frank and Wick are members of the EDA and will be available to
Dale wick
provide additional Information regarding the EDA vote at the March 301" meeting.
6:3
JL,�Z CITY OF ST. JOSEPH
Vent. c ityo(stjoseph. com
DATE: March 23, 2011
MEMO TO: Economic Development Authority
Administrator
Judy Weyrens FROM: Cynthia Smith- Strack Municipal Development Group
Mayor RE: Asbestos Abatement/Demolition Assistance: 1181 Avenue NW (Marie Loco
Richard Schultz property)
Councilors Background:
Steve Frank Mr. Jason Neuerburg, Mr. Aaron Holthaus, and Mr. Tom Hothaus, d.b.a. Cone Castle, LLC have
Bob Loso signed a purchase agreement for the property at 118 1't Avenue NW (Marie Loso property). The
Renee Symanietz owners of Cone Castle, LLC have entered into the purchase agreement with the intent of razing
Dale Wick the existing residential structure and building a new, small - footprint ice cream/food stuff retail
facility. Please see the attached information for building layout and concept.
EDA
Carolyn Yaggie—
Cone Castle, LLC is seeking assistance with asbestos abatement from the EDA. The Loso
Heinen
dwelling is confirmed to have asbestos in the siding and caulking. Asbestos removal increases
Chad Davey
the cost of demolition of the existing dwelling. Cone Castle is seeking $6,500 to assist with the
Al Rassier
demolition/abatement. Please find additional information attached relating to costs associated
Tom Skahen
with demolition.
Dale Wick
At this time the EDA has approximately $17,000 remaining in its "Revitalization" capital
Improvement line in the 2011 budget. The $6,500 contribution to demolition would leave
$10,500 for other projects such as landscaping at CSAH 75/CR 2.
Action:
EDA consideration of the request for participation in demolition is kindly requested.
Pape 3 of 66
6:4
AZ:5 Assessco Environmental Services, Inc.
2660 90`' Street NE • Sauk Rapids, MN 56379
Business: 320. 230 -9986 • Mobile. 320.309 -6648
Your Health and Safety Specialists Fax: 320 - 230.9987
Website: www.AssesscoEnviro.com
Quotation for Asbestos Abatement
To: Aaron Holthaus Quote ilt Q# 5417
Date: March 17, 2011
Submitted by: Jacob Fisher, AES
Office: 763. 482 -0340 ahaus26@gmail.com
Project Locations:
Residential- Unoccupied, 118 1" Avenue West, St. Joseph, MN
Quote Description: Quote to conduct asbestos abatement activities at the aforementioned
property. All materials will be disposed of in an EPA /MPCA approved MN landfill. Quote
includes: Set -up, Removal, Per Diem, Travel, and Disposal. Removal procedures will be done per
MDH, MPCA, OSHA, and EPA guidelines. AES can provide certificates insurance and workman's
compensation upon request. All work is limited to the below materials. Waste will be properly
disposed of at Vonco II, Becker, MN.
Tras" Slang
Exterior and Inside Gmigp (i pael of
wall tramite abeedoO
3,M s% h
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F umllatim CadMiWMad
Exteriar
120 BMW bet
Quote Provided By.
Jacob Fisher, Assessco Environmental
Quote Accepted By.
Owner's Rgresadative
(Assessco Environmental Services is licensed as an Asbestos Abatement Contractor AC685 throuA the Sate of
Minnesota- Minnesota Department of Health)
Confidentidity Notice
Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this message is privileged and
confidential, and is intended only for the use of the individual(s) or entity named above. If the reader of this messoge is not the
intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are heteby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited.
Pegs 11 of 56
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