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Home My WebLink About[04] Special Use Permit, Eisenschenk 4 Planning Commission Agenda Item MEETING DATE: July 1, 2013 AGENDA ITEM: Public Hearing, Special Use Permit Keith Eisenschenk, 504 MN St E SUBMITTED BY: Administration STAFF RECOMMENDATION: Recommend the Council adopt the Resolution of Findings granting Special Use Permit to Keith Eisenschenk allowing a non-owner occupied rental unit at 504 MN St. E. The maximum density is limited to the definition of a family in St. Joseph Code of Ordinances. BACKGROUND INFORMATION: The property at 504 Minnesota Street E is a duplex that has a long history of operating as a rental. In 2004 the property owner at that time had an interest in selling the property and proceeded with the platting the property creating two separate Parcels in an attempt to sell the units for family dwelling units. After the platting process the property the property was purchased for rental and as long as they kept renting the property they did not need to go through a land use process as the use was grandfathered. The rental license for 2011-2012 was not renewed and the property went through a foreclosure process. Since the license has lapsed, the new property owner is required to secure a special use permit to allow the property to operate as a non-owner occupied rental. The property is zoned R2, Two Family Residence District. A special use permit remains with the property and does not include a sunset provision and does not need to be renewed each year. However, the rental license must be renewed each year and the maximum density is limited by the Ordinance provisions ATTACHMENTS: Request for Planning Commission Action Application Hearing Notice Draft Findings of Fact Vicinity Map Draft Findings of Fact Ordinance Extract – Definition of Family Ordinance Extract – R2 Zoning Regulations REQUESTED PLANNING COMMISSION ACTION: Authorize the Planning Commission Chair and Administrator to execute the Findings of Fact recommending the Council issue a Special Use Permit to Keith Eisenschenk to operate a non-owner occupied rental unit at 504 MN St E. This page intentionally left blank P��LICATION FOR SPECIAL USE PERM�' City of St.Joseph 25 College Avenue N Fee S PO Box 668 St.Joseph,MN 56374 Paid Phone(320)363-7201 or Fax(320)363-0342 Date STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) NAME: ��-�� ;S2(15C�L'f\� PHONE: �a�� y9a -o�ao ADDRESS: ,��(� �-� � �/V � 1 EMAIL: /'%�e.�,LhCisc�v►S`C�,¢vt�C� l�t�t;(.�wt 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[o conduct the following: � i�v U.I d� Z;�e � �C�✓t-t- �--L.�2. '�6'�'�e�{-� U�.-f- �jC i N� �-h o�- �T`s �n�� a ' ; 2.Legal descriprion of land ro be affected by application,including acreage or square footage of land involved,and street address,if any (attach additional sheet if necessary): �(�� f�'�N �1, �, �,i ��/, (��o�lC (�� 3 ra �n I�nc� �.e,�nef T��qc� �� go��h �N 5637�( 3.Presentzoning of[he above described property is: '� �. 4.Name and address of ihe presenr owner of rhe above described property: 1'�e ��` E t,�+n sc).¢�►K /''�!�/7 l,v j I c� w�o c� jZd- St. Gl�ud MI� .�5��a3 , S.Is the proposed use compatible with the future and present land uses of the area?Please explain: � Yes (!', No -t-f�z- Proc�'� �� s�ed, �,� w�.r�h �5 ce�a�bt� v� F t.-�. +Urn,�� t� �w�a a ; +� �en�,� �t �a��. 6.Will rhe proposed use deprecia[e the area�„�✓hich it is proposed?Please explain: ('-' Yes ('.'' No 7.Can the proposed use be accomodated with existing Cify service withou[overburdening the system?Please explain: r' Yes r'' No 8.Are local sireets capable of handling ira�c which is generated by rhe proposed use?Please explain: �"" Yes r' No Attached to this application,and made a part thereof,are other material submission data requirements,as indicated. Applicant Signature: Date: Property Owner Signature: Date: FOR OFFICE USE ONLY Date application submitted: Date application completed: Planning Commission Action: �" Recommend Approval (—', Recommend Disapproval Date of Action: City Council Actiorr. � Approved (—; Disapproved Date of Action: Date Applicant/Property owner notified of City Council Action: . � CITY OF ST. OS�PH 1 vawva.ciryof stjoseph.com Public Hearing City of St.Joseph The St. Joseph Planning Commission shall conduct a public hearing on Monday, July 1, 2013 at 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is to consider a Special Administrator use Permit Use to allow a non-owner occupied rental at 504 MN St E. The property is legally �udy�Ueyrens described as Lot 1 Block 1 Braden and Bennet Place. St. Joseph Code of Ordinances 52.28 subd. 3(n) identifies Non-owner occupied rental as a use only permitted through the issuance of a special use permit. Mayor All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written R�ck Schultz testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph, MN 56374. Co�r,��lorS Keith Eisenschenk, 310—9'h Ave S, Cold Spring, MN 56320 has submitted the request for a Sceve Frank Special Use Permit. Bob Loso Judy Weyrens Renee Symanietz Administrator Dale�Uick Publish: June 21, 2013 � �i�� . � i�; � f . �,5oz'f��s�`t�e�°�� : �d�t��c�?_t �t._.._..:.__. _ .� i _, �.�. �....... � e S�r;n�. ---*— �'"° ' fi.3vN[ t�i^r-- i dy`�1_�_..—., ._....e .. . . � ., � . � �� Y �� : ttJ t4 �C; �sp� � +t: R+ �."a� �� ,... � �i �-.. �'--..�.' F1E3� 'T� ;ts.t�1�5 f! t—_.. .. — ....... . _.. E 's`; � � } � �: t i j � ne+�c�rr c ; �-; �� _�. y: _. , .:� �k . :;<r �'�`;` d MM ,.. . .., � � 3.� Note: MN Statute requires mailed notice to all property owners within 30 feet of a variance, specia/use, interim use or rezoning request ZS College Avenue North • PO Box 668 • Saint �oseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 3zo.363.o34z City of St. Joseph IN RE: FINDINGS OF FACT Application of Keith Eisenschenk AND DECISION Special Use Permit at 504 MN St E Special Use Permit to allow a non-owner occupied rental FINDINGS OF FACT On July 1, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of Keith Eisenschenk for special use to allow a non-owner occupied rental in a R2 Two Residence Zoning District. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby finds the following facts as it relates to the request of Keith Eisenschenk for a Special Use Permit. 1.The property located at 504 MN St E is zoned as R2, Two Family Residential and has been used as a rental property for many years. 2.In 2004 Honer Homes made application to the City to plat the two duplex units they owned, one of which is 504 MN St E, to allow the property to be sold as individual units, allowing for the conversion of the property from rental to family living. The request was approved and the property was platted under the name Bennet and Braden Place. 3.After the platting process was completed the property continued to be licensed as rental units until 2011 at which time the property became vacant going through a foreclosure process. 4.Until 2011 the property was operating under a grandfather rental license as when the first rental license was issued, non-owner occupied rental was a permitted use. Since the rental licensed has lapsed for over one year, the property use must be consistent with the Zoning District provisions, in this case R2. 5.In 2000 the rental regulations were modified requiring a special use permit for all rental property within the R2 Zoning District. 6.St. Joseph Code of Ordinances 52.07 Subd. 3 identifies the process for securing a special use permits and the standards for granting the same. As the property is already developed and the use for which is being sought is identical to the use in the past, a detailed site plan illustrating the location of the house, driveway and landscaping has not been requested. 7.In considering a request for Special Use, St. Joseph Code of Ordinances 52.07 Subd. 3(e) identifies standards for granting a special use permit and include: will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood; will be harmonious to the neighborhood; will not change the characteristics of the neighborhood, will be adequately served by facilities and services; will not create excessive additional costs for services; will not involve activities that involve excessive noise, production of traffic, fumes, glare or odors; will not create traffic congestion; will have adequate facilities for off street parking; will not result in the loss or damage of historic property. 8.St. Joseph Code of Ordinances 52.07 subd. 3(h) provides the Planning Commission and City Council the authority to place conditions when issuing a special use permit in order to protect the best interests of the surrounding area or of the City as a whole. 9.St. Joseph Code of Ordinance 52.07 subd. 3(h) identifies examples of conditions which include: traffic management for ingress and egress to the property; off-street parking; refuse and service areas; fencing and landscaping; signage; open space requirements; general compatibility conditions. DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Planning Commission recommends approval/denial of the Special Use Permit with the following conditions: 1. 2.The maximum density for the property shall be that as identified in St. Joseph Code of Ordinance 52.04 Subd. 31 3. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Special Use is forwarded to the City Council as a recommendation for approval. Passed by Resolution of the St. Joseph Planning Commission on July 1, 2013. CITY OF ST. JOSEPH By Ross Rieke, Chair By Judy Weyrens, Administrator ��' COUt�dTY OF STfARNS Eisenschenk� Sp .�+CI�� US� DateCreated 6/13/2013 ; , D � � � SW NE , SE/VE ' w '__z _ __._ _,� _ _ , w , ,.. . 4 �......�.�� "'�*�, � �' � < �, w � m �� ` ° n MINNESOTA S7 E '�A�fi� .. � ESOTAST E M�+t "�A87`� ; Mtt+tt�1�S07ASTE , .-- W � ' � � �� ,,�t,, � " i * � � > 'r �w.... ,. . , �. ��.. _ . �' � . : �,.�� ,,� �..._.. M.V �$"F� ",�' NE 5 ��. .. ., i �.,r � � n . ABLE STE '� � � .�_ �-� � � er � N � � Q Q � 4. m � Q P h ' ��' �� ; � � 4�� ;k 7 �i ORDINANCE 52—ZONING ORDINANCE Subd. 2]: Dav Care-Home. A family dwelling in which foster care, supervision and training for children is provided during part of the day with no overnight accommodations and where children are delivered and removed daily. Subd. 22: District. A section of the City of St. Joseph for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, the intensity of use are uniform. Subd. 23: Duplex, tri�plex and quad• A dwelling structure on a single lot having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. Subd. 24: Dwellin�. A building or portion thereof, designed exclusively for a residential occupancy, including one family, two family and multiple family dwellings but not including hotels, motels and boarding house. Subd. 25: Dwellin�;. Attached. A dwelling unit which is joined to another unit or building at one or more sides by a party wall or walls. Subd. 26: Dwellin�, Detached. A dwelling unit which is entirely surrounded by open space on the same lot. Subd. 27: Dwellin -Multiple. A building used or intended to be used as a dwelling by three or more families, where each dwelling unit is divided by wall extending the full height of the ceiling. Each unit is capable of individual use and maintenance without trespassing upon adjoining properties, and utilities and service facilities are independently serviceable. Subd. 28: Dwelling,,- Single FarnilX. A dwelling occupied by only one family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only. Subd. 29: Dwelling - Two Familv. A dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy by two families. Subd. 30: Easement. A temporary or permanent grant by a property owner for the use of a strip or area of land for purposes including but not limited to the constructing and maintaining of utilities, sanitary sewer, water mains, electric lines, telephone lines, storm sewer or storm water drainageway, and gas lines. Subd. 31: Familv. a) A family is any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the family. Any group of three persons not so related but inhabiting a single house shall, for the purposes ofthis Ordinance, be considered to constitute one family. 52.04-3 ORDINANCE 52—ZONING ORDINANCE b) With respect to any property validly licensed as a rental unit pursuant to Section 55.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the definition of"family" which existed prior to October 15, 1990, shall continue to apply. This prior definition had defined "family" as up to five unrelated persons. The application of this prior definition to existing rental units shall be construed as a non-conforming use as limited by Section 52.08 ofthe St. Joseph Code of Ordinances and shall be transferable. A lapse or revocation of the rental license for any such property shall be considered as a discontinuance of a non- conforming use and the property will thereinafter be required to conform with the definition of"family" as set forth in paragraph(a) above. 52.29,Subd.3]amended 3/2004. Subd. 32: Farm. An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain and their storage. Subd. 33: Farmers Market. Area used for the sale of produce grown by local and regional producers. Subd. 34: Flood. A temporary rise in stream flow or stage that results in inundation of the area adjacent to the channel. Subd. 35: Floodplain. The channel or beds proper and areas adjoining a watercourse which have been or hereafter may be covered by a regional flood. Floodplain areas within the City shall encompass all areas designated as such on the Federal Emergency Management Agency's Special Flood Hazard Boundary Map. Subd. 36: Floodwav. The channel of a watercourse, bed of a wetland or lake, and those portions of the adjoining floodplains reasonably required to carry and discharge a regional flood. Subd. 37: Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located. Subd. 38: Fronta�e. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead end of the street. Subd. 39: Garage, Private. An accessory building designed or used for the storage of not more than three power-driven vehicles owned and used by the occupants of the building to which it is accessory. Subd. 40: Garage, Public. Any premises, except those described as a private garage, used for the storage or care of power driven vehicles or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. 52.04-4 ORDINANCE 52 —ZONING ORDINANCE Section 52.28: R-2 TWO FAMILY RESIDENCE DISTRICT Subd. 1: Intent. It is the intent of this district to provide for the orderly development of residential areas and to avoid urban sprawl within the City; permit the development of single and two family dwellings; to provide reasonable standards for such development; to avoid overcrowding; and to prohibit the use of land which would be incompatible with or detrimental to the essential residential character of such districts. Subd. 2: Permitted Uses. a) Single family dwellings, owner occupied(as defined in Section 52.27, Subd. 3(1). b) Two family dwellings, owner occupied. For the purpose of determining if the property is owner occupied,the owner must be a natural person, and all the owners must occupy the property as their principal residence. c) Public parks and playgrounds. d) Horticulture, not to include the retail sale of products. e) Licensed residential group care facility with 1,300 feet between it and a similar facility and not to exceed six {6)boarders. fl Licensed day-care facility serving 12 persons or less. Seclion 52.2R Subd,2 amended 4/p8 Subd. 3: Uses Under S�ecial Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance. a) Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community. b) Public or semi-public recreatianal buildings and community centers. c) Licensed day-care centers serving 13 or more persons. d) Licensed residential group care facilities with seven or more boarders. e) Nursing Homes and Board and Care Homes, provided that adequate parking is provided and the site is accessible to commercial service areas. � Pubiic libraries. 52.28-1 ORDINANCE 52—ZONING ORDINANCE g) Public or private schools, providing, however,that the area and location of any school and off-street parking heretofore shall be subject to the approval of the Planning Commission. h) Churches. i) Institutions of a religious, eleemosynary or philanthropic nature. j) Nurseries and greenhouses. k) Planned unit residential development. 1) Bed and breakfast. m) Uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. n) Non-owner occupied rental to a Family as defined by this Ordinance. o) Manufactured homes as defined by this Ordinance. p) Manufactured Home Parks, in accordance with Section 52.14. Subd. 4: Permitted Accessory Uses. a) Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment. b) Home Occupations per Section 52.16. c) Houses and similar buildings for storage of domestic equiprnent and non- commercial recreational equipment. d} Swimming pools,tennis courts, and detached screen porch or gazebo, provided that the maximum lot coverage requirement is not exceeded. All swimming pools must be fenced around the perimeter. The fence must meet the requirements of Ordinance 52.12 Subd. 2. e) Fences. � Accessory building(s) and/or private garage(s), either attached or detached, shall be subject to the following limitations, and the general requirements of Section 52.12, Subd. 1. 1. One or two accessory buildings covering a combined area not greater than 1,350 square feet are permitted. 52.28-2 ORDINANCE 52—ZONING ORDINANCE 2. The combined area of the lot covered by the accessory buildings authorized in subparagraphs 1. above shall not exceed ten (10)percent of the total lot size. 3. Accessory buildings of less than 50 square feet shall not be considered when computing the limitations of subparagraphs 1. and 2. above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet; 4. The principal building shall be constructed prior to or at the same time as any accessory building or structure. 5. Accessory buildings not specifically permitted by this paragraph shall be prohibited unless authorized by a variance granted pursuant to Ordinance 52.07.02. Subd. 5: Lot Area Rec�uirements. a) Minimum area for Two Family Dwelling Unit not served by municipal sewer and water: 24,000 square feet. b) Minimum Area far Two Family Dwelling Unit served by municipal sewer and water: 10,000 square feet. c) Average width of not less than 75 feet and an average depth of not less than 125 feet. Subd. 6: Setback Requirements. a) Front yard setbacks of not less than 30 feet on all public right-of-ways, unless: 1. 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of proposed structure; or 2. If there are residences upon only one side, then beyond the straight line projected from the front of the nearest residences. 3. Nothing in this regulation shall be interpreted to require a front yard of � more than 50 feet. 4. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line. 52.2$-3 ORDINANCE 52—ZONING ORDINANCE b) Side yard setbacks shall be ten{10) feet from the main structure and five{5)feet from garage or accessory building. Where the side yard abuts a public right of way, the side yard setback shall be thirty(30) feet from the main structure and any garage or accessory structure. Section 52.28,Subd.Gb,amended 1!07 c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot. d) No part of the structure including footings, soffits, gutters ar other overhangs shall encroach on easement areas. Subd. 7: Hei ng t Re�uirements. No building shall exceed 22 stories or shall it exceed 35 feet in height. Berming the building does not allow a building to be constructed higher than 35 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 8: Site Covera�e. a) No structure or combination of structures shall occupy more than 30%of the lot area. b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. Section 52.28,Subd.8,amended 1/07 Subd. 9: S_�. a) No sign shall be placed closer than ten feet (10')to any property line, except directional signs which have a zero foot(0') setback. 1. No sign shall be placed in any interior side yard 2. No sign shall be mounted on the roof of a building. 3. No signs shall violate the front, side or rear yard requirements. 4. Signs shall not be placed in the public right-of-way or easements. 5. Flashing or rotating signs resembling emergency vehicles shall not be permitted. 6. Illuminated signs are not allowed. b) One unlighted sign per vehicle entrance identifying a dwelling unit complex. Such signs may indicate the name and address of the building and rental or management offices. 52.28-4 ORDINANCE 52 —ZONING ORDINANCE 1. Such signs shall have a surface area of all faces not exceeding an aggregate of fifty (50) sc�uare feet. 2. The height of the sign shall not exceeding eight feet (8') 3. Landscaping must be provided around the base of the sign. 4. The entrance to a development shall be one that abuts a collector or arterial road. c) One area identification sign for each multiple-residential complex consisting of three (3)or more structures. 1. Such signs shall have a surface area not exceeding fifty(50) square feet per sign face with an aggregate area not to exceed one hundred (100) square feet if double faced. 2. The height of the sign shall not exceed eight feet (8'). 3. Landscaping must be provided around the base of the sign. 4. Sign content shall be solely for displaying the name of the apartment complex. d) Wall Si�n. One wall sign shall be allowed for the purpose of street identification. Such sign cannot exceed twelve (12) square feet. e) Sign Removal. All signs not maintained and kept in good repair or in non compliance of the St. Joseph Code of Ordinances shall be subject to removal upon direction of the City Building Inspector. Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall, within 3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards shall be maintained consistent with prevailing cornmunity standards. Motor vehicles may not be le8 parked or unattended on or within a yard. Grass shall be maintained so not to exceed a height of 6 inches. Subd. 1 l. Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. 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, 52.28-5 ORDINANCE 52—ZONING ORDiNANCE 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 inigation, or any well less than 50 feet in depth. 2. E�ernal 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. 52.28-6 ORDINANCE 52—ZOIVING ORDINANCE thirty(30) days after notice of said appeal. The City Council shall make its order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail within ten(10)days after its decision. c) Successive A�plications. Whenever an application for a variance has been considered and denied by the City Council, a similar application for a variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six(6) months from the date of its denial, unless a decision to reconsider such matter is made by not less than four-fifths(4/5)vote of the full City Council. d) Lapse of Variance. If within one{1) year after granting a variance the work permitted is not started such a variance shall become null and void unless a petition for an e�ension has been approved by the City Council. Subd. 3: �ecial Use Permit. a) Purpose and Scope. The purpose of this Section of the Zoning Ordinance is to provide the Planning Commission and City Council with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety. b) Issuance. Special use permits may be issued for any of the following: 1. Any of the uses or purposes for which such permits are required or permitted by the provisions of this Ordinance. 2. Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare. 3. To classify as a conforming use any non-conforming institutional use existing in any district at the time of the establishment of such district. c) Application. Applications for Special Use Permits and required fees shall be submitted the City AdministratorlClerk. The application shall be accompanied by a site plan containing such information as is necessary to show compliance with this Ordinance, including but not limited to: 1. Description of site (legal description). 2. Site plan drawn at scale showing parcel and building dimensions. 3. Location of all buildings and their square footage, and the location of easements. 4. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks. 52.07-4 ORDINANCE 52—ZONING ORDINANCE 5. Landscaping and screening plans. 6. Drainage and erosion contro] plan with pertinent elevations. 7. Sanitary sewer and water plan with estimated use per day. 8. Soil type, the location of wetlands as defined by Minnesota Statute 1036.005, Subd. 19, or absence thereof as verified by a statement from the Stearns County Environmental Services Office. 9. Any additional written or graphic data reasonably required by the City Administrator/Clerk or the Planning Commission. 10. Proof that the Applicant is the owner of the parcel in question. d) Procedure. The City Administrator/Clerk shall forward said application to the Planning Commission for consideration at their next regular meeting. L The City Administrator/Clerk shall review all Development Review Applications and upon verification that the Application is complete and meets the requirements of the Ordinance, the City Administrator/Clerk shall schedule a public hearing. The City AdministratorlClerk shall complete the review process within ten (10) days of receipt of the Application. Notice of such hearing shall be published in accordance with State Law and notice shall be published at least once in the official paper of the City and mailed to individual properties within three hundred fifty (350)feet of the parcel included in the request not less than ten (10) days nor more than thirty(30) days prior ta the date of said hearing. Failure of a property owner to receive said notice shall not invalidate any such proceedings. 2. The Planning Commission shall consider possible adverse effects of the proposed special use and what additional requirements may be necessary to reduce any adverse effects, and shall make a recommendation to the City Councit within the guidelines as mandated by State Law. 3. The City Council shall act upon the report and recommendation from the Planning Commission within the guidelines as mandated by State Law. Upon receiving the report and recommendation from the Planning Commission, the City Council shall have the option of holding a public hearing if necessary and may impose any conditions deemed necessary. Approval of a special use permit shall require passage by a majority vote of the full City Council. e) Standards. The Planning Commission shall recommend a special use permit and the Council shall order the issuance of such permit if the application conforms to 52.07-5 ORDINANCE 52—ZONING ORDINANCE the specific standards set forth below, as it would apply to the particular use at the proposed location: 1. Wil] not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan of the City and this Ordinance. 3. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 4. Will not be hazardous or disturbing to existing of future neighboring uses. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal,water and sewer systems, and schools. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. 9. Will have adequate facilities to provide sufficient off-street parking and � loading space to serve the proposed use. 10. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance: � Denial for Non-Compliance. If the Planning Commission recommends denial of a special use permit or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this Ordinance. 52.07-6