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HomeMy WebLinkAbout[05] Four Square Investments crrvOF s•r JOSEPH Council Agenda Item 5 MEETING DATE: April 5, 2012 AGENDA ITEM: Four Square Investments — Special Use Permit SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the Special Use Permit based on findings of fact. PREVIOUS COUNCIL ACTION: The Council considered the recommendation of the Planning Commission and after discussion tabled action for additional information. BACKGROUND INFORMATION: During discussion at the last meeting, it was discussed whether or not parking could be limited on the side adjacent to 8`h Avenue. In looking at the site, the only paved area is to the west of the building so limiting parking on that side would eliminate all the improved surfaces. BUDGET /FISCAL IMPACT: ATTACHMENTS: Request for Council Action Revised Findings Letter to Property Owner REQUESTED COUNCIL ACTION: Resolve the outstanding issues for the special use permit and identify any additional or revised conditions. This page intentionally left blank 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 Tots 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 . 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 property owner will install lighting the meetings the requirements of the St. Joseph Code of Ordinance, providing meter readings to verify the illumination. d. Automotive repair services are limited to vehicles under their ownership and shall not be available to the general public. e. The property owner will construct a dense fence across the entrance to prohibit after hour traffic. f. 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 This page intentionally left blank OF ST. • CITY www.cityofstioseph.com March 20, 2012 Four Square Investments VIA EMAIL 325 N. 33 Ave, Suite 107 Graeme Mahler V ma hler@mahlerarch{tectur e.com and Postal Service Administrator St. Cloud MN 56303 ludy Weyrens RE: Land Use Application Mayor Dear Graeme: Rick Schultz hcation for special use to As you are aware the Planning Commission considered located a 414 at 75. On February 6, 2012 the Councilors allow a used car dealership at your property oca Steve Frank Planning Commission tabled action on the matter for up to 60 days to allow additional Bob Loso information clarifying the request. Renee Symonietz hcation regarding the proposed location Dcle Wick On March 2012 for which car ales would be located. The Planning Commission considered the matter again on March 5 at which time they recommended approval tot the City Council. The outstanding issue remains the area for parking of vehicles and the requirement the two improved r based lots. It d on the a request of the position that tenant; therefore, already parking areas must be year waiver bse q improved. uss the The City Council considered the request and tabled the matter to further s at the concerns of the adjoining property owners. The Council is requesting y our April 5, City Council meeting to further discuss the proposed special use permit so that the matter may be finalized at this meeting. • Please feel free to contact me at 320 -363 -7201 if you would like to discuss further. Sincerely, CITY OF ST. JOSEPH J eyrens nistrator Zr College Avenue North • PO Box 668 • Saint Ioseph, Minnesota 56374 Phone 32o.363.7zoi Fax 32o.363•0341