HomeMy WebLinkAbout[05] Public Hearing - Special Use Permit - Four Square Investments •
In
crrY oF HT. JOSEPH Council Agenda Item 5
MEETING DATE: February 6, 2012
AGENDA ITEM: Four Square Investments
414 County Road 75
Public Hearing, Special Use Permit
SUBMITTED BY: Administration
STAFF RECOMMENDATION:
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission and City Council previously
considered and approved a special use permit to allow trailer /vehicle sales at 414 County Road 75. The
special use was approved with conditions, all of which were met.
BACKGROUND INFORMATION: Since the use has ceased for over one year, the special use permit
becomes null and void. Therefore, the property owner is requesting a new Special Use Permit. At the
time of application a vendor for the car /vehicles sales was not known. The applicant did indicate that
they would like the ability to park vehicles in the front yard.
This property is located in the CR 75 Transportation Corridor Overlay District and parking in the front is
only allowed with the approval of the Planning Commission. In addition, if approved, a landscape plan
needed to be provided and the area had to be improved. As a reminder in this district we have required
the highest aesthetic requirements for building and many owners have made a significant investment.
ATTACHMENTS: Request for Planning Commission Action
Public Hearing
Application
Narrative for Request
Draft Findings of Fact
B2 Zoning District Requirements
Transportation Overlay Ordinance
REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation to the City Council
supported by findings of fact.
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•
\ CITY OF ST. J OSEPH
ww v.cltyof stjoseph .com
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday,
February 6, 2012 at 7:00 PM. The purpose of the hearing is to consider a Special Use
Administrator Permit to allow for the sale of new and used trailers as well as used autos.
Judy Weyrens
The property is legally described as: 2.50A. that part of E2NE4 lying S'LY of CO RD 75
and N of FDL BEG 115.50' N of SW cor of SE4NE4 — S84D E 75.60' — S87DE 120' —
Mayor S84D E 601.22' to ELN OF W793.88 term.
Kick Schultz
St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Special Use Permit. The
Councilors following uses shall require a Special Use Permit based on the procedures set forth in
Steve Frank Section 52.07.03 of this Ordinance:
Bob Loso e) New or used auto dealerships
Renee Symanietz Four Square Investments LLC, 325 N. 33 Avenue, Suite 107, St. Cloud, MN 56303 has
Dale Wick submitted the request for Special Use.
Judy Weyrens
Administrator
pa ,� %yam ,:, Proposed location of
special use
409 r
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Note: MN Statute requires mailed notice to all property owners within 350 feet of a
variance, special/interim use, rezoning or plat.
25 College Avenue North • PO Box 668 • Saint Joseph, Minnesota 5 6374
Phone 320.363.7201 Fax 32,0.363.0342
THIS PAGE INTENTIONALLY LEFT BLANK
APPLICATION FOR SPECIAL USE PERMIT
City of St. Joseph
25 College Avenue N Fee $ Uo
PO Box 668
St. Joseph, MN 56374 Paid I
111
Phone (320)363 -7201 or Fax (320)363 -0342 W ,
G
Date n
STATE OF MINNESOTA ) + ,
ss 6/
COUNTY OF STEARNS )
NAME: Four Square Investments LLC PHONE: 320 - 257 - 2724
ADDRESS: 325 N. 33rd Ave. Ste 107, St. Cloud, MN 56303 EMAIL: gmahler @mahlerarchitecture.cog
I/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:
New or Used auto dealership
2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any
(attach additional sheet if necessary):
Property located at:
414 County Read 75
St. Joseph, MN 56374
Legal Description attached (Attachment #1).
3. Present zoning of the above described property is: B Highway 75 Business
4. Name and address of the present owner of the above described property:
Four Square Investors LLC
325 N. 33rd Ave. Ste 107
St. Cloud, MN 56303
5. Is the proposed use compatible with the future and present land uses of the area? Please explain:
r Yes fl No
St. Joseph Code of 52.32 subd. 4 (e) allows for new or used auto dealerships by issuance of a special use permit.
6. Will the proposed use depreciate the area in which it is proposed? Please explain:
r Yes J5 No
The current and previous conditional use permit allowed for new or used auto dealership.
7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain:
r Yes r; No
The current and previous conditional use permit allowed for new or used auto dealership.
8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain:
R: Yes fl No
The current and previous conditional use permit allowed for new or used auto dealership.
Attached to this applicati . , ade a part thereof, a , _ other material submission data requirements, as indicated.
4
Applicant Signature: __ / 4 -..� Date: ,,, _ I _ � j�1/342. ,= v L7ir�' ,, "
Nov
Property Owner Signatur:. Date: /l3 6 .
FOR OFFICE USE ONLY
Date application submitted: Date application completed:
Planning Commission Action: fl Recommend Approval [ Recommend Disapproval Date of Action:
City Council Action: fl Approved fl Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action:
City of St. Joseph
Required Material Submission
Special Use Material
Completed applications for Special Use requests and required fees shall be submitted the City of St. Joseph Zoning Administrator at
least 20 days prior to the proposed date of consideration by the City. The twenty days allows the City to review the application,
forward the application to other entities for review as required and notify the public as required. Only completed applications will be
accepted. It is the applicant's responsibility to submit required materials. If an application is determined to be incomplete,
notification, which indicates which portion of the application is incomplete, will be mailed to the applicant within 10 days following
submission of the application.
REQUIRED MATERIALS - The applicant shall provide the following:
MATERIAL REQUIRED COMPLETE COMMENTS
1. Additional written or graphic data reasonably Yes
r
required by the Zoning Administrator or the Planning
Commission as described below: n No
All applications must include a narrative of the
Special Use request. The Special Use application
must be completed in its entirety including the
reasons as to why the Planning Commission and
City Council should approve the request.
2. Site Plan containing the following: r, Yes
- Legal description
- Site plan showing parcel & building dimensions r No
- Location of buildings showing square footage,
easements, curb cuts, driveways, access roads, parking
spaces, off - street loading areas, sidewalks
- Landscaping and screening plans
- Drainage and erosion control plan with elevations
- Sanitary sewer and water plan with estimated use
- Soil type and location of wetlands
- Proof of ownership
3. Required Fee. r Yes
$400.00 (If held during a regular scheduled meeting) f No
$800.00 (If a special meeting is required)
4. Payment of Additional Fees.
I /we understand that I /we are responsible for reimbursing the City for any additional legal, engineering, building inspection or
planning fees associated w' . quest.
Applicant Signature: / VV Date: Vieltrr.‘
Narrative for the Special Use Request
Four Square Investments LLC is requesting a Special Use Request for a New or Used
Auto Dealership. Located at: 414 County Read 75, St. Joseph, MN 56374. As part of the
Special Use Request the owner of the said property would conform to the following:
1. The property owner will conform to the Sign Ordinance to include temporary
signs.
2. The owner would not be using temporary banners or streamers.
3. All vehicles located on the property for sale will be stored within current B -2
zoning building setback lines.
4. The current fence will remain as currently constructed and maintained.
5. The property will be monitored with a security system which will be activated
when the lot is unattended and the access will be secured when unattended as
well.
6. All site lighting will conform to the St. Joseph Code of Ordinances.
City of St. Joseph
IN RE:
FINDINGS OF FACT
Application of Four Square Investments AND DECISION
Special Use Permit — Used Car Lot
414 County Road 75 East
FINDINGS OF FACT
On February 6, 2012 the St. Joseph Planning Commission conducted a public hearing to consider
the application of Four Square Investments for a Special Use Permit to allow for used car sales at 414
County Road 75. The matter was duly published and notice was provided to property own ers within 350
feet of the above referenced property.
The Planning Commission hereby finds the following facts as it relates to the request of Four
Square Investments to secure a Special Use Permit to allow for the sale of new and used trailers /cars at
414 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. 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.
3. 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.
4. On February 2, 2009 the St. Joseph Planning Commission conducted a public hearing and
recommended the Council issue a special use permit to North Country Trailer Sales to allow
the sale of new and used trailers.
5. On March 19, 2009 the St. Joseph City Council affirmed the recommendation of the Planning
Commission issuing a special use permit with the following conditions:
a. The property owner will conform to the Sign Ordinance to include temporary signs.
b. The use of banners and streamers will be prohibited.
c. All vehicles or trailers located on the property for sale will be stored on the existing
bituminous surface.
d. The fence on the property will be improved and expanded.
e. The property will be monitored with a security system which will be activated when
the lot is unattended and the access to the property will be secured when
unattended as well.
f. All site lighting will conform to the St. Joseph Code of Ordinances.
6. On July 6, 2010 the Planning Commission considered a request from North Country Trailer
Sales to allow trailer /vehicle parking on an area that is not bituminous. The property owner
requested authorization to utilize 200 feet of property to the east of the existing building for
parking with the understanding that it would be paved within two years.
7. On August 5, 2010 the City Council accepted the recommendation of the Planning
Commission allowing vehicle parking on an area that is not improved, provided that the
parking does not encroach the front yard and the area utilized will be improved within 2
years of the date of approval.
8. Through the narrative submitted with the application for special use, the property owner
has requested to utilize the entire lot with exception of the setback for parking vehicles.
9. St. Joseph Code of Ordinances 52.21 Subd. 6 established a standard for parking in the front
yard setback giving the Planning Commission authority to deviate from the standard and
imposing conditions.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph City Council accepts the recommendation of the St.
Joseph Planning Commission approving the Special Use Permit based on the following:
1. 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 or areas to be utilized must be paved
within two years of issuance and a landscape plan must be submitted at before
utilizing front yard parking.
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.
Therefore, based on the above findings, the St. Joseph Planning Commission made the following
motion:
Approval of the Special Use Permit to allow for used car sales at 414 County Road 75
with the conditions as stated above.
Passed by Resolution of the St. Joseph City Planning Commission on February 6, 2012.
CITY OF ST. JOSEPH
By
S. Kathleen Kalinowski
By
Judy Weyrens, Administrator
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 52.32 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.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
52.32 -3
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:
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.
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
showing the layout of the entire market area including parking spaces for
the use, traffic patterns and stall areas.
52.32 -5
ORDINANCE 52 — ZONING ORDINANCE
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 52.32 Subd 6 amended 10/10 (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.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
52.32 -6
ORDINANCE 52 — ZONING ORDINANCE
Subd. 7: 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. 8: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: 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
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.
52.32 -7
ORDINANCE 52 — ZONING ORDINANCE
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. 10: Development Plan Requirements. All Development plans must be submitted to
the Zoning Administrator for review and circulation to the City Engineer and Public Works
Director, and if it is determined that the use and development is compatible with adjacent land
uses, and consistent with the stated intent of the zoning district, Planning Commission approval
is not required. If the proposed use is not consistent with the intent of this ordinance or
compatible with adjacent land uses, the proposed development plan will be submitted to the
Planning Commission for approval. In determining conformity to the Ordinance, the following
information must be presented to the Zoning Administrator.
52.31, Subd.9 amended 4/2005 ('section subsequently renumbered)
Section 52.32 Subd 10 amended 10 /10
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.
n) Any other fencing, screening, or building accessories to be located in the
development area.
52.32 -8
ORDINANCE 52 — ZONING ORDINANCE
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. 11: Signs. In the B -2 Highway 75 Business district the general provisions apply to
all signs.
52.32 -9
ORDINANCE 52 — ZONING ORDINANCE
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.
52.31, Subd. 10.b. amended 4/2005 ( *section subsequently renumbered)
52.32 -10
ORDINANCE 52 — ZONING ORDINANCE
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. 12: 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.
3. The storage of waste or refuse generated by industrial or
commercial activities.
4. The construction or maintenance of a septic system.
Section 52.32 Subd 12 (Interim Use Permits) removed
•
52.32 -11
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. East of 1 Avenue NW: areas within 300 feet from the nearest
edge of the CSAH 75 right of way.
Amended 05/05/11
B. CSAH 75 West of 4 Avenue N: areas within 300 feet from the
nearest edge of the CSAH 75 right of way.
Amended 05/05/11
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 CR75 and West of 6 Avenue NW: areas within 300 feet
from the nearest edge of the FUTURE CSAH 2 right of way &
South of the Wobegon Trail.
Amended 05/05/11
52.21 -1
ORDINANCE 52 — ZONING ORDINANCE
B. North of CSAH 75: areas within 300 feet from the nearest edge of
the CSAH 2 /CSAH 3 right of way & North of the Wobegon Trail.
Amended 05/05/11
4. 1 -94 Corridor:
A. 500 feet from the nearest edge of the 1 -94 right of way.
Subd. 3: Exemptions.
A. Single and two - family residential uses shall not be subject to the
standards of the transportation corridor overlay district. However,
at such time that two or more single or two - family residential
dwellings are to be converted to another use it will be subject to
the standards of the transportation corridor overlay district.
Amended 05 /05/11
B. Structures existing prior to adoption of the Ordinance.
Amended 05/05/11
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. Corner 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.
52.21 -2
ORDINANCE 52 — ZONING ORDINANCE
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.
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.
1. 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 storage /display 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
52.21 -3
ORDINANCE 52 — ZONING ORDINANCE
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.
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.
fj 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
52.21 -4
ORDINANCE 52 — ZONING ORDINANCE
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.
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.
0 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.
52.21 -5
ORDINANCE 52 — ZONING ORDINANCE
Subd. 10: Vegetative Screening/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.
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.
52.21 -6
ATTACHMENT #1
LEGAL DESCRIPTION (PER DOCUMENT NO. 859266):
That part of the West Seven Hundred Ninety -three and Eighty -eight Hundredths (793.88)
feet of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section
Numbered Ten (10), in Township Numbered One Hundred Twenty -four (124) North, of
Range Numbered Twenty -nine (29) West, in Steams County, Minnesota, which lies
South of the Southerly right of way line of the Burlington Northern Rail Road and North
of the following described line: Beginning at a point on the West line of said SE 1/4 NE
1/4 distant 115.50 feet North of the SW comer thereof; thence South 84 °03'29" East
(assumed bearing) for 75.60 feet along a line drawn to a point on the South line of said
SE 1/4 NE 1/4 distant 1130.25 feet East of the SW corner thereof; thence South 87 °38'
East for 120 feet; thence South 84 °03'29" East for 601.22 feet to the East line of said
West 793.88 feet and there terminating.
LEGAL DESCRIPTION (PER DOCUMENT NO. 349949):
Parcel 68 S.P. 7311 -29 (52 =3) 901
All that part of the two following described tracts:
1. That part of the south 53 1/3 rods of the east half of the northeast quarter (E 1/2 NE
1/4) of section 10, township 124 north, range 29 west, lying southerly of the railway right
of way;
2. That part of the south 53 1/3 rods of the west half of the west half of the northwest
quarter (W 1/2 W 1/2 NW 1 /4) of section 11, township 124 north, range 29 west, lying
southerly of the railway right of way; which lies northerly of a line run parallel with and
distant 75 feet southerly of the following described line:
From a point on the west line of said section 11, distant 223.3 feet north of the west
quarter comer thereof, run southeasterly at an angle of 84 °27' with said west section line
for 446.6 feet; thence deflect to the right on a 1 °00' curve (delta angle 18 °53') for 300 feet
to the point of beginning of line to be described; thence run northwesterly along the last
mentioned 1°00' for 300 feet; thence on tangent to said curve for 1491.6 feet; thence
deflect to the left on a 0 °30' curve (delta angle 4 °02') for 400 feet and there terminating;
together with a triangular piece adjoining and southerly of the above described strip and
northwesterly of the following described line: Beginning at a point on the southerly
boundary of the above described strip, distant 100 feet easterly of its intersection with the
easterly right of way line of the public road known as County Aid Road No. 33 running
along the west line of the southeast quarter of the northeast quarter of said section 10;
thence run southwesterly to a point on the east right of way line of said public road,
distant 100 feet southerly of said intersection.
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