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Home My WebLink About[08b] Rezoning and Special useCITY OF ST. JOSEPH MEETING DATE: May 19, 2011 AGENDA ITEM: Planning Matters Council Agenda Item 8 b Rezoning and Special Use SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on the proposed rezoning and special use permit for the development known as the Cone Castle project. The Planning Commission recommended the Council approve the rezoning from 61 General Business to B2 Highway Business and issue a Special Use Permit to allow a drive thru in a B2 Zoning District. PREVIOUS COUNCIL ACTION: The City Council approved the amendment to the Corridor Overly Ordinance which exempted single lot development from meeting the standards of the Overlay District. BACKGROUND INFORMATION: The Ordinance change of 2010 removed site plan approval from the Planning Commission to staff provided the development is consistent with the Zoning District. The Development of a drive thru is permitted by issuance of special use permit in a B2 Zoning District. The staff has been working on reviewing the site plan and are close to a final plan. BUDGET /FISCAL IMPACT: Allow for tax base diversification ATTACHMENTS: Request for Council Action ..... ............................... 8(b):1 -2 Public Hearing Notice ..................... .........................8(b):3 Development Plan ................... ............................... 8(b):4 Extract of Planning Commission Minutes ............ 8(b):5 -6 REQUESTED COUNCIL ACTION: Accept the recommendation of the Planning Commission rezoning the property located at 118 —15` Avenue NW B2 and issuing a special use permit to allow a drive thru restaurant in a B2 Zoning District. 8(b):1 THIS PAGE INTENTIONALLY LEFT BLANK 8(b):2 ST. CITY OF JOSEPH WWW. cityof stjoseph.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 Weyrens 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 —1 st 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 Proposed Development Site is College Avenue North • PO Box 668 . Saint Joseph, Minnesota 56374 Phone 3zo.363.7zoI Fax 3zo.363.034z 8(b):3 TR EST 131 P�C 14 o OATS _ �,�• VALVES ARM" ow VANS 1 1 8(b):4 CAM DON PROTECTION (fYVj 0 REMpVE AND NEPIACE Sa NG SMOMOUSANDQR &Wfftlt TOITSE%TSRNGCOMMON AS Or 0 NY•100742 ! 'o 1 RBADVE AND REPLACE Va=M O + ti STMXTI E VW 484M SWUM WOMMEBIIRNICE PO4ACECURS&GUnt9l`` +1� Ir a . 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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. The request for rezoning and special use has been submitted by Thomas Holthaus, 9495 Deegan Avenue NE, Monticello, MN 55362 and Jason Neuerburg, JAT Restaurants. The public hearing was opened and closed as no one present wished to speak. Weyrens stated that the staff has been working with the developer to finalize the site plan for the aforementioned property and it is almost complete. However, since a drive thru restaurant requires a special use permit, the site plan will not be finalized until after the Planning Commission considers the special use permit as it could change traffic movement patterns and access. Weyrens stated that there was some question as to why the access is needed from Birch Street as it is already congested with the gas station /convenience store. In an email from the Developer, it was stated that their main goal was to minimize safety concerns with respect to the handicapped parking areas, pedestrian traffic, and larger vehicles entering the site. They also believe that the drainage would work better with the proposed layout accessing Birch Street. Meyer made a motion to recommend the City Council approve the requests for rezoning the property at 118 —1st Avenue NW from current B1, General Business to B2, Highway Business, and recommend approval of the special use permit allowing a drive thru in the B2 Highway Business Zoning District. The motion was seconded by Deutz. Discussion: There was some additional discussion regarding the access points. Rieke stated that 1st Avenue doesn't concern him. This was a situation in which Birch Street was built out and thus became a busier street. He is most concerned about access to the corner. However, he stated that, considering the environment, he does not feel that this is a negative situation. Dubel added that he sees a safety issue with the access on Birch due to the fact that the traffic across the street is coming out any which way. Rieke stated that he does not see that as an issue. Schultz added that he sees concerns either way as this is going to be a busy corner. Meyer believes that it is better to have a couple of options rather than restricting them and since Birch Street is not a collector, access should not be limited. The motion passed unanimously. 8(b):5 THIS PAGE INTENTIONALLY LEFT BLANK 8(b):6