HomeMy WebLinkAbout[09a] Special Use - 414 CR 75 •
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CM' OF ST. Jo Kpli Council Agenda Item 9(a)
MEETING DATE: March 15, 2012
AGENDA ITEM: Planning Matters — Special Use Permit 414 CR 75
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on February 6, 2012 and based on public testimony tabled action to March 5, 2012. The
Planning Commission unanimously recommended approval of the special use permit with conditions.
PREVIOUS COUNCIL ACTION: The Council has previously approved a special use permit for this same
property allowing for used vehicle sales. Since the use has ceased for over one year, the special use
permit has expired.
BACKGROUND INFORMATION: See Planning Commission information
BUDGET /FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Findings of Fact
Planning Commission information
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Findings of Fact
granting a special use permit to Four Seasons to allow for used vehicle sales.
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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 owners within 350
feet of the above referenced property.
The public hearing was closed on February 6, 2012; however, the Planning Commission tabled
action on the matter to March 5, 2012. On March 5, 2012 the Planning Commission continued the
discussion of the proposed special use refining the parameters of the use.
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 Planning Commission recommends the St. Joseph
City Council issue a 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. All parking on areas not currently paved will be improved with Class 2 or Class 5
material and all such areas must meet the parking requirements no later than April
1, 2014.
c. The use of streamers and banners is prohibited and temporary signs are only
permitted as provided for in the St. Joseph Code of Ordinances.
d. The property owner will install lighting the meetings the requirements of the St.
Joseph Code of Ordinance, providing meter readings to verify the illumination.
e. Automotive repair services are limited to vehicles under their ownership and shall
not be available to the general public.
f. The property owner will construct a dense fence across the entrance to prohibit
after hour traffic.
g. The property owner will complete landscaping on the southwest corner of the
property to discourage cars from accessing the property when the business is not
open.
Therefore, based on the above findings, the St. City Council affirms the actions of the Planning
Commission granting a special use permit to allow used car sales at 414 County Road 75 with the
conditions as stated above.
Adopted this day of , 2012
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator
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C. Or till JOSEPH Council Agenda Item
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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Four Seasons
Special Use Request
City of St. Joseph, PO Box 668, St. Joseph MN 56374
The Planning Commission conducted a public hearing to consider a special use permit to allow a
new /used automotive operation at 414 - 8th Ave NE. During the public hearing several questions were
raised and the Planning Commission requested addition information. Below is a list of items along with
the response provided by Graham Mahler via a phone conversation.
Gate Public input was received requesting a locked gate at the entrance of the property so
that after hours the property is not accessible.
Response: The property owner is willing to construct a dense gate that can be
locked with a key. (Note: currently the gate consists of a cable)
Fence Public input was received as to whether or not the fence could be extended on the
western section so that cars would not drive around the gate.
Response: The property owner is willing to consider some type of low
landscaping to remove the temptation. (Note: attached is the illustration that
was part of the permit for the fence and the fence is located within one foot of
the maximum setback).
Lighting Public input was received regarding light pollution as the lights attached to the back of
the building extend to the neighboring property.
Response: The property owner is willing to change the lighting to prevent light
pollution.
Car Repair Questions were raised during the public hearing regarding automotive repair at the
dealership.
Response: The property owner has indicated that the only automotive work that
will be completed is cleaning and preparing cars. Servke will not be available to
the public.
Parking The applicant requested authority to park vehicles in areas where the surface is not
impervious. The City has previously allowed this provided the property owner would
improve the area within two years.
Response: The property owner will be presenting o diagram of the area they ore
proposing for vehicle display. This remains an open item.
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