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Home My WebLink About[05] Scenic Specialties crrvo�sT�c�sMwH Planning Commission Agenda Item 5 MEETING DATE: February 3, 2014 AGENDA ITEM: Public Hearing,Special Use and Variance 31101 County Rd 133 Events Center/Relief on Parking requirements SUBMITTED BY: Administration STAFF RECOMMENDATION: Provide staff with direction as to additional information needed or with the information to prepare the findings of fact for Council consideration. PREVIOUS PLANNING COMMISSION ACTION: None. BACKGROUND INFORMATION: Rolling Ridge Properties has submitted an application for a special use to allow an events center in a 62, Highway Business Zoning District and a request for variance granting relief from the strict requirements of the parking ordinance. The events center would function as a venue for one special event at a time,whether a wedding or corporate meeting. To help illustrate the type events that would be held at the facility, the following are examples of operating events centers utilizing historical barns: www.mavowoodstonebarn.com www.greenacreseventcenter.com www.rosenwoodfarm.com www.fivelakesresord.com/weddin�rates The proposed use is consistent with the area,therefore a special use would be applicable. The Planning Commission would have to identify the terms of the Special Use Permits and how the property would be utilized in regard to noise, liquor,traffic, safety,and infrastructure. The Police Chief is currently looking at the options for outdoor liquor and how that would function at the site. The property owner has submitted a site plan of the property illustrating the how the site will be utilized. The second part of the application is that of a variance requesting relief from the strict application of the parking lot provisions. The property owner intends to keep the property in its natural state. The current ordinance requires paving and curbing. The property owner would meet the number of required parking spaces, but not meet the design standards. The extract of the Ordinance provides the guidelines for granting a variance. The Planning Commission should review the application with the intended use and need for variance against the requirements. As a separate matter,the property owner is working with the building official to meet building code requirements. The two issues are separate and approval of the special use or variance do not constitute development rights until all the building code requirements have been met. To help facilitate moving the project forward, both processes, planning and building,are being completed simultaneously. ATTACHMENTS: Request for Planning Commission Action Project Memo Hearing Notice—Special Use Narrative Application—Special Use Site Plans Ordinance 52.07—Guidelines for granting Special Use Hearing Notice—Variance Narrative Application—Variance Site Plans Ordinance 52.07—Guidelines for granting Variance Highway Business Zoning Regulations Parking Ordinance REQUESTED PLANNING COMMISSION ACTION: Identify issues needing additional information and begin formulating the findings of fact and decision. MEMO City of St.loseph,PO Box 668,St.Joseph MN 56374 Date: January 17,2014 To: Randy Schmitz Scenic Specialties From: Judy Weyrens RE: Ridgewood Conference Center Zoning Classification 62 Highway Business The operation of a Convention/special event center would require issuance of a special use permit under the provision contained in 52.32 Sub 4(j). Enclosed is an application for consideration of a special use permit, The narrative for the special use should be detailed and contain the following: • Layout of the property and where events will be held • Hours of the center • Identify outdoor activities such as music and hours for outside activities • Food and altohot,how will that be managed • Signage It is important to be as detailed as possible to provide the Planning Commission and City Council with a full picture of activities. During a recertt discussior�,we also discussed parking. To create parking areas without impervious surfacing will require a variance,therefore the application for consideration has been included. Again be specitic as to practical di�culties that will result by strict Ordinance compliance. As a separate issue, I know that you are working through MN Building Code issues. Since these are two very separate process,the City can consider and approve the variance and special use and authorize the application for a building permit. The issuance of the building permit is based on code comp{iance and meeting all State required fire and safety matters. The fee for the variance and speciaf use is$400.00 each;however the City will reduce the fee to a total of$400.00 as only one hearing is being conducted. Since the fee is based on the cost of publication and notification it is not refundable in the event the matter is denied or the building code issues cannot be resolved. I look forward to working with you to see this project come to fruition. Please let me know if you need further assistance or if t can be of help in anyway. CITY OF ST. JOS�PH http:/�mn-stjoseph.civicplus.com City of St.Joseph Public Hearing The St.Joseph Planning Commission wilt be conducting a public hearing on Monday, Administrotor February 3,2014 at 6:30 PM in the St.Joseph City Hall,25 College Avenue N to consider a �udy Weyrens special use and variance to allow the operation of an events center at 31101 County Road 133,5t.Joseph MN. The variance is being requested to relieve strict enforcement of the parking lot regulations. Mayor K�ck Schul�z St.loseah Code of Ordinances 52.32 Subd.4(i�requires issuance of a special use permit for recreations services such as theaters,bowling estab(ishments and clubs and lodges. The Councilors proposed events center is similar in nature to the aforementioned. Stevc Frank g�b�,� St.Joseph Code of Ordinances 52.10 Subd.5 identifies the requ+rements for parking lots to Renee Symanietz include hard surFace material and curbing. The property awner is requesting relief from the Dale W�ck design standards. . The property for which Special Use and Variance is bei�g sought is Iocated at 31101 County Road 133,a.k.a.Scenic Specialties,legaliy described as E�.SE 4 SW 4 Lying N of County Road 133. The request has been submitted by Rolling Ridge Properties LLC,9670 Deerwood Rd NE,Rice MN 56367. � Judy Weyrens � Administrator . Publish: January 24,2104 '` � Note: MN Statute requires mailed ,� notice to alt property owners within 350 feet of a variance, special/interim use or rezoning. � �' ._.._� -�'-� �'`—_ _ . . aS College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374 p�one 3zo.363.�zo� Fax ;io.36;.0342 To whom it may concem: We purchased our 14 acre property(which had been previously designated as Century Farm)12 years ago and annexed it into the city. We had to annex into the city because the nature of our business (retailj didn't allow for us to remain wlthin the township. Ou�goal was/is to keep,maintain and put to use the buildings that already exist on the property that have historicai significante. Since these buildings are very"agricultural"in nature,we would like to further embrace this unique feature by hosti�g events that use the outdoor spaces(the wooded hiilside,fields and barns). 1 would like to renovate the barn(both levels)and use it for high end weddings and events. in the future t would like to add a smaller two story building to the Norkh East corner that would have bathrooms on both levels,a smaU kitchen(for catering),an additional entrance/exit,access into the silo,an obseroatory on the silo top. My intent is to rent the space for a fee and to work with a group of exclusive vendors for the accompanying services such as valet,food,liquor,music,etc. In addition the site can be used for photography exclusively for those who rent the facitity. I would like to the inco�porate other elements of the farm site such as the other buildings,the pond,the woods etc.to host tents,outdoor weddings and yard games{horse shoes,bean bags,playground)for attendees of these events. I would like to keep my current retail and landscape operation at this location. Initiatly the event portion of our business will occur on weekends during warm months. As the business further establishes it is possible the nature of the business could extend to year round use- however those events would tikely be indoors. Most events wiil occur on Friday and Saturdays during daylight hours until midnight. We would like to be abte to have amplified music p►'esent during these events up to or as clase to midnight as possible. Ou�main goal is to be able to hast weddi�gs-we do not intend on hosting outdoor rock concerts or street dance tike events with huge crowds. Most weddings last longer into the evening than what the current noise ordinance allows(9:30 PM I believe). The food and beverage services will be provided by an exclusive(only one)reputable local business that has and maintains the food and liquor licenses required by local and state authorities. We will not aliow private food or beverage{no BYOB). We already have in piace an insurance policy,written contract with a vendor and facility rental contracts that explain these rules in detail. We woutd atso fike to reptace a portion of the existing Scenic Specialties pylon sign(keep as a pylonj and replace it with an LED sign to advertise fo�ali businesses on the premise as opposed to installing multiple signs for the muhiple businesses. This sign would only advertise business that occurs on the property and to announce who the names of the happy coupie. Rega�ds, � Randy L.Schmitz Rolling Ridge Properties LLC This page intentionally left blank APPLICATION FOR SPECIAL USE PERMIT City of St.Joseph 25�ollege Avenue N Fee S PO Box 668 St.Joseph,MN 56374 Paid Phone(320)363-7201 or Fax(320)363-0342 Date STATE�F MINNESOTA ) )ss COUNTY OF STEARNS } NAME: Randy L.Schmitz PHONE: 320-980-3124 ADDRE55: 31101 County Road 133 St.loseph EMAIL: randys@scenicspecialties.com I/We,the undersigned,hereby maice the foilowing application to the City Council and Planning Commission of the City of St.loseph, Steams County,Minnesota.(Applicants have the responsibility of checking alt applicable ordinances pertaining to their application and complying with the ordinance requirements.j t.App/kation is hereby made for a Special Use Permlt to conduct tl ie fodowing: f In addition to our current uses we would tike to use our property(including existing buildings and green spaces)to host outdoor ! events such as weddings,reunions and fund raisers that include outdoor music,food&liquor with hours that extend to midnight � _ _ _ _._. � 2.Legal description af land to be affected by applica[fon,lncluding acreage or square footage of lond invo/ved,a�d street address,if any (aitech additiona/sheet ifnecessary): Property ID R 84.53350.0100&a fi{ed road R31.20617,005 Section 02 Township 124 Range 029 Legal Description:14.26A� E3/4SE45W4 Lying N of CO RD 133. 31101 County Road 133(current home to Scenic Specialties). The entire site is comprised of ! approximately 14 acres. SEE ATTACHED AERIAL PHOTO � _ ____ _ _ __ � 3.Presentzonir�g oithe obove descril�ed properryix 62-Hlghway 75 Business i 4.Name and address of the present owner of the above described properry: i Rolling Ridge Properties LLC. 9670 Deerwood Road R(ce MN 56367 f i � 5.Is the proposed use compatible with the future and present land uses of the area?Please explain: � Yes (aI No � This is a non residential area and a greater portion of the adjoi�ing property is agricultural and some is part of the orde�iy ( annexatfon area with proposed tommercial use. Having a facility such as our proposed event center would further suppoR the , addition offuture businesses such as hoteis,restaurants and shops. � � 6.Will the proposed use depreclate the areo in which it is proposed?Please explain: n Yes �) No The requested use will put to use a historica{piete of property.The area is/was overgrown with buckthom but will be highly � manicured. � i i 7.Can ihe proposed use be accomodated with exisring Ciry service without overburdening rhe systeml Please exploin: � Yes (� No We intend an providing food and fiquor services through a reputable business that is licensed and insured for operation in i Minnesota,Stearns County and St.loseph. � _ _ __.__. ._ __.__ ... _ _ _._ _.__. _. _i 8.Are local streers capable of handling tra�c which is generaied by the proposed use?P/ease exptuln: �) Yes ('; No I ; We are alongside a local county highway that was designed for sign�ficant tratfic counts. j i i Attached to this application,and made a part thereof,are other material submission data requlrem�nts,as Indicated. Applicant Signature: R8fi1CIy L.SCf'1t711tZ ��~�� Date: Jan 20,2014 „�a....,�,�.....,�,..�...�...,a.� � ptAH1�1�qf])yb �M6+weMaW�t� Property owner Signature: Randy L.Schmitz °�-�L��'g��K�� ate: 1an 20,zota �ri�� FOR OFFICE USE ONLY Date application submitted: Date application completed: Plannfng Commission Attlon: (� Recommend Approval �"-I Recommend Disapproval Date of Action: City Council Action: (� Approved ri Disapproved Date of Action: Date Applicant/Properly owner notifled of City Council Action: � The Future of: �� Weddinq Fi Evcn!Center �� www.rollinqrit;qeeven4s.com _� �� rov��Tue uux:e � �� • � ,.�,.,, ... ;a.rt. . -�II B III\I;illl.,r . � r � r � r: t� J.� � .... _i . � . i :,.,^ r�.�rcxa:sn �t,�� J ��•.. � .. .� .'�•< �! �r:i.t:w��nnn .li� �nR— �� ^3'.,% .� l� . r � � � �V-��-�� -� �n�'..� _ � ��,�-- :: ° �� ' �0 5 a � _ _ ,� i �(' o�� i �j��P ��s G� w. II�N�I11 W v7 : ... ��L - ., � �I I�'i � �,' . .w.�.�. ;. . 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' � � � � � '" 4� �; ( �',� r3 r�. � a��r��'k � °rt.�. . . . . :� .y[y�, ..r�'��rs. �-a�.. a „ . , . . . �': ��.N�' � � �Y 4Y, 4 � . . ,. `ICT ;�B:, 's� V '.-I � :: < n � � � � r�i �� .*� �.�� ° £� .1�h`x^3'� � . . . . . . . .. . . .�... dh'.n'€.•..�� ,,"^� :.�. �Fe. ., t.,.�,Kx..at;n City of St. Joseph IN RE: FINDINGS OF FACT Application of Randy Schmitz, Rolling Ridge Properties, LLC AND DECISION Specia/Use Permit at 31101 County Road 133 Specia/Use Permit to allow for recreation services FINDINGS OF FACT On February 3, 2014,the St.Joseph Planning Commission conducted a public hearing to consider the application of Randy Schmitz for special use to allow recreation services such as theaters, bowling establishments and clubs and lodges. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission established the following facts as it relates to the request of Randy Schmitz for a Special Use Permit. 1. The property located at 31101 County Road 133,and is zoned as 62—Highway 75 Business District. 2. The Highway 75 Business District is intended to control the use and development of land an 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. 3. St.Joseph Code of Ordinances 52.32 Subd.4(j) requires issuance of a special use permit for recreation services such as theatres, bowling establishments and clubs and lodges.The proposed events center is similar in nature to the aforementioned. 4. 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. 5. 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. 6. 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. 7. 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 recommended approval of the Special Use Permit based on the following conclusions: Adopted by the City Council this day of .2014. CITY OF ST.JOSEPH By Ross Rieke, Chair By Judy Weyrens,Administrator ORDINANCE 52—ZOIVING ORDINANCE 5. Landscaping and screening plans. 6. Drainage and erosion control plan with pertinent elevations. 7. Sanitary sewer and water plan with estimated use per day. 8. Soil type, the Iocation 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. 1. 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 Administrator/Clerk shall complete the review process within ten(10) days of receipt af 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 to the date of said hearing. Failure of a property owner to receive said norice 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 rcducc any advcrsc cffccts, and shall makc a rccommcndation to thc City Council 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 guideIines as mandated by State Law. Upon receiving the report and recommendation from the Planning Commission, the City Council shall have the option of holaing a public hearing if necessary and may impose any conditions deemed necessary. Approval of a special use pern�it 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 proposcd location: 1. Will 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 havc adcquate facilities to providc sufficicnt off-strcct 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. fl 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 CIT� OF ST. JOS�PH http://mn-stjoseph.civicplus.com City of St.Joseph Public Hearing The St.Joseph Planning Commission will be conducting a public hearing on Monday, Administrotor February 3,2014 at 6:30 PM in the St.Joseph City Hall,25 College Avenue N to consider a �udy Weyrens special use and variance to allow the operation of an events center at 31101 County Road 133,St.Joseph MN. The variance is being requested to relieve strict enforcement of the parking lot regulations. Mayor R�ck Schulrz St.Joseph Code of Ordinances 52.32 Subd.4(i)requires issuance of a special use permit for recreations services such as theaters,.bowling establishments and clubs and lodges. The Cou�►c�lors proposed events center is similar in nature to the aforementioned. Steve Frank Bok,Loso St.Joseqh Code of Ordinances 52.10 Subd.5 identifies the requirements for parking lots to Renoe Symanietz include hard surface material and curbing. The property owner is requesting relief from the Dale W�ck design standards. . The property for which Special Use and Variance is being sought is located at 31101 Cou�ty Road 133,a.k.a.Scenic Specialties,legally described as E�;SE 4 SW 4 Lying N of County Road 133. The request has been submitted by Rolling Ridge Properties LLC,9670 Deerwood Rd NE,Rice MN 56367. � Judy Weyrens � Administrator Publish: January 24,2104 '` � Note: MN Statute requires mailed ,�, notice to all property owners within 350 feet of a variance, special/interim use o�rezoning. a � �� --� �... . . as College Avenue North • PD Box 668 • Saint �oseph, Minnesota 56374 Phone ;zo.;63.7zoi Fax ;zo.36g.o34z To whom it may concern: We purchased our 14 acre property(which had been previously designated as Century FaRn)12 years ago and annexed it into the city. We had to annex into the city because the nature of our business (retail)didn't allow fo�us to remain within the township. Our goal was/is to keep,maintain and put to use the buildings that already exist on the property that have historical significance. Since these buildings are very"agricultural"in nature,we would like to further embrace this unique featu�e by hosting events that use the outdoor spaces(the wooded hillside,fields and bams). I would like to renovate the barn(both levels)and use it for high end weddings and events. In the future 1 would like to add a smaller two story building to the North East comer that would have bathrooms on both levels,a small kitchen(for catering),an additional entrance/exit,access inta the silo,an obseroatory on ihe silo top. My intent is to rent the space for a fee and to work with a group of exclusive vendors for the accompanying services such as vatet,food, liquor,music,etc. In addition the site can be used for photography exc{usively for those who rent the facility. I wauld like to the incorporate other elements of the farm site such as the other buildings,the pond,the woods etc.to host tents,outdoor weddings and yard games(horse shoes,bean bags,playground)for attendees of these events. I would like to keep my current retail and tandscape operation at this location. Initially the event portion of our business will occur on weekends during warm months. As the business further establishes it is possible the nature of the business couid extend to year�ound use- however those events would likely be indoors. Most events will occur on Friday and Saturdays during daylight hours until midnight. We would like to be able to have amplified music present during these events up to or as close to midnight as possible. Ou�main goal is to be able to host weddings-we do not intend on hostin�outdoor rock concerts or street dance like events with hu�e crowds. Most weddings last longer into the evening than what the current noise ordinance allows(930 PM i believe). The food and beverage services will be provided by an exclusive(only one)reputable local business that has and maintains the food and iiquar licenses required by local and state authorities. We will�ot allow private food or beverage(no BYOB). We already have in place an insurance policy,written contract with a vendor and facility rental contracts that explain these�ules in detail. We would also like to replace a portion of the existing Scenic Specialties pylon si�n(keep as a pylon)and replace it with an LED sign to advertise for ail businesses on the premise as opposed to installing multiple signs fo�the multiple businesses. This sign would only advertise business that occurs on the property and to announce who the names of the happy couple. Regards, �� Randy L.S mitz Rolling Ridge Properties LLC APPLICATION FOR VARIANCE City of St.Joseph F�$ 25 Coliege Avenue N PO Box 668 Paid St.Joseph,MN 56374 � Phone(320)363-720t or fax(320)363-0342 Date STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) I/We,the undersigned,hereby make the following application to the Ciry Council and Planning Commission of the City of SL Jaseph, Steams�ounty,Minnesota.{Applicants have the responsibility of checking all appiicable ordinances pertaining to their application and complying with the ordinance requirements.} PROPERTY OWNER NAME: Rotltng Ridge Properties,LLG PROPERTY OWNER PHONE NUMBER(S): 3,209,803,124 EMAlL: randys@scenicspecialties.com PROPERTY OWCdER ADDRE55: 31101 County Road 133 St.Joseph ZONfNG DISTRICT: B2 Highway Business LEGAL DESCRIPTION: 14.26AC E3/45E4SW4 Lying N of CO RD 133 . po��M+k+bM�blscl�� PROPERTYOWNER SIGNATURE{S): Randy L.Schmitz ��^�°'°��`"'� �m,��,��,�.� 1.7he requesi(s)whfch we deslre for our properry!s/are in confllct wlth the following section(s)of the St.Joseph City Code: Section: 02 5ection: Township 124 Section: Range 029 2.Proposed non-conformnnce(s): I Proposal to allow non-paved,off street parking as overflow for events held outdoors during summer months. (Ait parking spaces i a�e to be paved with curb as per Ordinance 52) � 3.Whai special cond►dtions and circumstances exist which are particular to ti►e land,shucture or buildingfs)lnvolved which do noi apply to the land,struciures or buiiding(s)in the same zoning closslfication?(attoch odditional pages as needl i i We purchased our 14 acre property(whith had been previously designated as Century Far+n?12 years ago and annexed it into the ! city. We had to a�nex Into the clty because the nature of our business(retail)didn't allow fo�us to remain within the townshfp. Our� goal was/is to keep,maintain and put ta use the buildings that already exisi on the property that have historical significance. Since these buildings are very"agricultural"in nature,we would like to further embrace this unique feature by hosting events that use the� outdoor spaces(the wooded hillside,fields and barnsj. ! � __ _. _ .._. __ _i 4.Do any of the special condltions and circumstances result hom your own acttonsi lf the answer is yes,you may not qualify fnr a vadance r'; Yes �� No i i , i I � 5.What facts and considerarions demonmace[ha[ihe llterul Interpretation of the zoning code would deprive you of rlghts commonly enjoyed by other properties in rhe sQme dlstrJd under the terms of rhe z+�ning cade?(attach addirional pages rrs needed) We are looking to host wedding receptions at our facillty during the warm months. portions of our property are already paved and � or have compacted gravel for parking. However,we are lookfng to host events ONLY DURING WARM MONTHS and during the � weekend(typically not during the week). We are seeking to maintain the integrity of our farm setting by using an extsting alfalfa I field for overflow parking as needed for these evenu. � _ ._. __. _ _. � 6.State your reasons for believing that a variance wifl not confer on you ony speciol privtlege thvt ts denied by the zoning code to other lands,srructures or 6uildings in ihe same district , ; i i Since we already have a number of paved and g�avel parking spaces,Using our field spaces as overflow parking will allow us to '� provide pa►king that is off-street which will improve safety. Other busfnesses within the city thaL require additional parking are � allowed on-street parking if needed. ; s , I I _ .. � 7.State your reasons for believing tha[rhe octlon(s)you propose to rake Islore in keeping wlrh the spirit and tbe inrent of rhe zoning code. � t believe the goal of having the parking ordinance is to provide ample parking for whatever intended business is proposed. As ; previously mentioned,a number of paved and gravel parking spaces currently exist on our property. We have available to us, i e�ough space for parking on our premises-however we wish to keep these spaces as-is to keep with nature af our outdoor businesses. Guests that participate(n outdoor/farm weddings fully anticipate the quirky nature of the informal nature of a field i used for parking. ' I _._ _._ _.._..___ _ _ _ _ i 8.State your reasons for belfeving ihat in a strict enforcemeni of ihe provisions of�he mning code wou/d cause undue hardship.Undue hardship means chat the propeny In questton cannot be pui io reasonab/e use if used under the conditlons allowed by the zoning ordinance.Economic constderations alone shall no[constiiute an undue hardship under the terms of th)s code as referenced in the state statutes. ` We are a seasonal business wiih very limited hours. We a�ticipate our facility would be used primarily on weekends and only during j warm months. Having to pave a large area for parking that would be used for a small percentage of the year wouid greatly diminish I the look of our properry. We purchased our properry with the intent of creating beautiful gardens and green spaces. We are i attempting to salvage a hlstorital bam and putting it to a new use,not having the gree�space parking wouidn't allow us to do this. � I . .. .__... ._.. ..... ....�.v ._ ..._.__....,.._._. .__.._....._..-. . . .. ......_. _._...... ..�._. ...........___.... _i Attached to this application,and made a part thereof,are other mate�isl submissian dats requirem�as indicslad. p� s Randy L Schmitz °"""�"�""'° A icant SI nature: „��°�°-��-�--��^�—� Date: Jan 20,2014 owe��wa�aenw Property owner stgnature: Rdnt1�/L.Schmitz '"'"""~`"""" �ate: �an 20,20�4 ��....�,e....�y.�...�...,�.. �.�� a., FOR OFFICE USE ONIY Date application submitted: Date application completed: Planning Commission Adion: (—I Recommend Approval rj Recommend Disapproval Date of Action: City Council Action: (—; Approved r"; Disapproved Date of Action: Date Appticant/Praperry owner notified of City Council Action: This page intentionally left blank � The Future of: �� Weddinq Fi Evcn!Center �� www.rollinqrit;qeeven4s.com _� �� rov��Tue uux:e � �� • � ,.�,.,, ... ;a.rt. . -�II B III\I;illl.,r . � r � r � r: t� J.� � .... _i . � . i :,.,^ r�.�rcxa:sn �t,�� J ��•.. � .. .� .'�•< �! �r:i.t:w��nnn .li� �nR— �� ^3'.,% .� l� . r � � � �V-��-�� -� �n�'..� _ � ��,�-- :: ° �� ' �0 5 a � _ _ ,� i �(' o�� i �j��P ��s G� w. 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' � � � � � '" 4� �; ( �',� r3 r�. � a��r��'k � °rt.�. . . . . :� .y[y�, ..r�'��rs. �-a�.. a „ . , . . . �': ��.N�' � � �Y 4Y, 4 � . . ,. `ICT ;�B:, 's� V '.-I � :: < n � � � � r�i �� .*� �.�� ° £� .1�h`x^3'� � . . . . . . . .. . . .�... dh'.n'€.•..�� ,,"^� :.�. �Fe. ., t.,.�,Kx..at;n City of St. Joseph IN RE: " FINDINGS OF FACT Application of Randy Schmitz, Rolling Ridge Properties, LLC AND DECISION Variance Request at 31101 County Road 133 Variance from design standards outlined in Ordinance 52.10 Subd.S FINDINGS OF FACT On February 3, 2014,the St.Joseph Planning Commission conducted a public hearing to consider the application of Randy Schmitz for a variance. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission established the following facts as it relates to the request of Randy Schmitz for a Special Use Permit. 1. The property located at 31101 County Road 133,and is zoned as B2—Highway 75 Business District. 2. The Highway 75 Business District is intended to control the use and development of land an 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. 3. St.Joseph Code of Ordinances 52.07 Subd.2(aj states a variance may be granted to allow a property owner to deviate from the specific development standards applicable to a particular district. 4. Granting a variance is controlled by MN Statute 462.357 and requires the applicant to meet ALL the following criteria: a. The proposed use is allowed in the Zoning District in which the subject property is located b. The proposed use is in harmony with the general purposes and intent of the official controls. c. The variance must be consistent with the comprehensive plan. d. The variance may be granted IF there are practical difficulties in complying with the official control. i. The property owner proposes to use the property in a reasonable manner. ii. The plight of the landowner is due to the circumstances unique to the property and not created by the landowner. iii. The variance, if granted,will not alter the essential character of the locality. iv. The need for variance involves more than economic considerations. DECISION AND CONCLUSION Based on the foregoing Finding of Fact and Decision and Conclusion of the St.Joseph Planning Commission,the request for Variance is forwarded to the City Council as a recommendation for approval. Passed by resolution of the St.Joseph Planning Commission on February 3, 2014 CITY OF ST.JOSEPH By Ross Rieke, Chair By Judy Weyrens,Administrator ORDINANCE 52—ZONING ORDINANCE report its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth any adjustment or variance granted and the conditions designated. Upon receipt of such report,the Council either shall by resolution approve and confirm the decision, whereupon the permit as applied for may be issued,or shall refuse to approve and confirm the decision. In all cases in which adjusiments or variances are granted under the provisions of this section, the Board and Council sha11 require such evidence and guarantees as it may deem necessary to insure compliance with the conditions designated in connection therewith. Subd.2: Variances. a) Administratian. A variance may be granted to allow a property owner to deviate from the specific development standards applicable to a particular district. A variance sha11 not be granted to allow a use that is not otherwise pemutted in the district involved. In granting a variance the Board,or the Council in reviewing the Boazd's decision, may prescribe appropriate conditions in confornuty wi.th this Ordinance to protect properties and the health and safety of persons residing or working in the neighborhood. In recommending any adjushnent or variance under the provision of this Section,the Board of Zoning Adjustment shall designate such conditions in connection therewith as well,in its opinion,secure substantially the objectives of the regulation to which the adjustment or variance is granted,as to light,air and the public health,safety,comfort,convenience and general welfaze. Sxtion sz.o7,subd.2(a)armnd�11111 When such conditions are made part of the terms under which the variance is granted,violation of the conditions is a violation of tlus Ordinance. A variance shall not be granted by the Board,or by the Council upon review,unless they find the following facts: 1. The variance requested is consistent with the adopted St.Josenh Comprehensive Plan. 2. The variance requested is harmoniaus with the general purposes and intent of the governing Zoning District Ordinance. 3. The Applicant establishes that there are `practical difficulties' in complying with the zoning ordinance. Practical difficulties as used in connection with the granting of a variance shall mean: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. 52.07-2 ORDINANCE 52—ZONII�TG ORDINANCE b. The plight of the landowner is due to circumstances unique to the property not created by the landowner. c. The variance, if granted will not alter the essential character of the locality. 4. Economic consideradons alone shall not constitute practical difficulties under the terms of this Ordinance. 5. Practical dii�iculties shall include,but are not iimited to,inadequate access to direct sunlight for solar energy systems. 6. Variances shall be granted for earth sheltered construction as defined in MN Statute 216C.06, Subd. 14 as may be amended,when in harmony with the zoning ordinance. s«�iop sa.o�,sut,a.2�a� �a mrar�dCa��1 b) Variance Procedure. Application for a variance or appeal under the provisions of tlus section shall be made to the City Administrator/Clerk in the form of a written application,called a Development Review Application. The Development Review Application must be submitted ttu�ee weeks prior to a variance request. 1: The City Administrator/Clerk sha11 review all Development Review Applications and upon completion of the requirements of the application sha11 schedule a public hearing. The City Administrator/Clerk shall have ten(10)days to review the application for completeness. Notice of such hearing shall be mailed not less than ten(10)days nor more than thirty (30)days to property owners within 350 feet of the affected parcel as detemuned by the City Administrator/Clerk. Such notice shall also be published in the official newspaper within the above time period. Failure of a property owner to receive said notice shall not invalidate any such proceedings. 2. A variance of this Zoning Ordinance shall be by majority vote of the full Board of Appeals and Adjustments. 3. If the Board of Appeals and Adjustments determines that the application be granted,the Board of Appeals and Adjustments shall make its recommendation to the City Council within thirty(30)days of such determination.Upon receipt of such report,the City Council shall either by resolution approve and confirm the decision,whereupon the permit as applied for may be issued,or sha11 refuse to approve and confirm the decision. If the City Council acts on an application granted by the Board of Appeals and Adjustments,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. 4. If the Board of Appeals and Adjustments denies the application the Board 52.07-3 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 environmcnt bc devclopcd. 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. Bakcrics whosc product is sold at retail on prcmiscs 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. fl Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Section 5232 SuUd 2 amended t0/10(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 a11 the requirements in this Section: a) Commercial or business building for a use accessory to the principal use,not to exceed 34%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 Pcrmit bascd on thc proccdures sct forth in Section 52.07.03 of this Ordinancc: 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. fl Stone building material sales and service. g) Recreational vehicle sales and services. h) Transportation terminals,public urility 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—ZOI�TING 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 adcquatc acccss by motor fucl transports and unloading operations minimize conflict with circulation, access and other acrivities 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—ZOIVING 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 A�licable 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 residenrial 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. fl 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 parkin$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—ZOI�TING ORDINANCE 2. Any temporary structure placcd on the property for such sales must be removed at the end of the selling season ar 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 lQ/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) Pro�ertv adjacent to County State Aid Hi�hway 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 vard. 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 vard. Setback shall be ten(10) feet from the lot line, 35 feet if abutting a residential district. fl No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. 52.32-6 ORDINANCE 52—ZOTTING ORDINANCE Subd. 7: Hei ng t 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 Covera�e. 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) Loadin�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) Buildin�Exteriors. All construction of new facilities, excluding additions to existing facility constructed before this provision was adopted and the addition is less than 50%of the square feet of the original building, shall consist of pre-cast or cast tip up concrete walls, concrete block(painted or decorarive),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 thirty(30%)percent af 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 decorarive tcxture or matcrial). Prc-cast or cast in placc concretc buildings shall providc as much adomment as is possible considering their exterior finish limitations. Accessory Buildings located in the rear yard or behind the principal structure, and not visible from the public right-of-way must have an exterior harmonious with the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above. d) Screenin�. 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} Li�hting. All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development. 52.32-7 ORDINANCE 52—ZONING ORDINANCE � Stons and Curbs. Concrctc curb to B-612 spccifications shall bc used for all automobile stops and for all drive and parking areas. g) Landsca�ing. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. Subd.9 Updated 11/2013 52.32-8 ORDINANCE 52—ZONING ORDINANCE h) Si ns. All proposed business signs shall be an element of the Development Plan. All signs shall conform to thc Subd. 10 of this Scction. 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 subsequenfly 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. fl 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. 52.32-9 ORDINANCE 52—ZONING ORDINANCE o) When required, evidence of completion of National Pollutant Discharge Elimination Systcm(NPDES)permitting program and/or thc 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 acrion 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 thc City. Thc devclopment agrccment shall sripulatc 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: Sig,ns. In the B-2 Highway 75 Business district the general provisions apply to all signs. 52.32-10 ORDINANCE 52—ZOIVING ORDINANCE a) Business and Wall signs may be erected, attached or painted on to a structure and Advcrtising signs shall be prohibitcd. They arc defincd as follows: 1. Business Si�n. A sign that is related to the business located on the same property to which it is located. 2. Wall SiQn. A sign painted or placed against or attached to the exterior wall surface of a building or structure. 3. Advertisin� Si�n. 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 purposc of this subdivision, a combination of two or morc 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) 52.32-11 ORDINANCE 52—ZONII�IG ORDINANCE c) Wall signs may bc placed or painted against thc cxtcrior wall or surfacc 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 '/Z)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: Reg;ulation 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 storagc of wastc or refusc generatcd by industrial or commercial activities. 4. The construction or maintenance of a septic system. Section 52.32 Subd 12(Interim iJse Permits)removed 52.32-12 ORDINANCE 52—ZONING ORDINANCE Section 52.10: OFF STREET PARKING Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general standards for off-street parking. The regulations provided herein shall apply equally to alI districts except where special provisions provide othervvise. . Subd. 2: Scope of Parkin�and Loadin�Raquirements. a) In all zoning districts,off-stre,et parking facilities for the storage of motor vehicles for the use of occupants, employees and patrons of the buildings or structures hereafter erected,altered or extended after the effective date of this Ordinance shall be provided and maintained as herein prescribed. Subd.3: General Parkin�Provisions. a) Loading space shall not be construed as supplying off-street parking space. Minimum parking dimensions shalI meet the requirements of Section 52.10, Subd. 5K. b) When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space,that fractional space shall be rounded u�to the next highest whole number. c) Whenever a use requiring off-street parlcing is increased in floor area,and such use is located in a building existing on or before the effe�tive date of this Ordinance, additional parking space for the additional floor azea shall be pmvided and maintained in amounts hereafter specified for that use. d) For the purpose of this section,"Floor Area,"in the case of offices,merchandising or service types of uses, sha11 mean the gross floor area used or intended to be used for services to the public as customers,patrons,clients or patients as tenants, ittcluding azeas occupied for fixtures and equipment used for display or sale of merchandise, less ten(10)percent. e) Off-street parking facilities for dwelling shall be provided and located on the satne lot or parcel of land as the building they are intended to serve. fl When off-street parking is required,it shall be designated for that purpose and the individual parking stalls appropriately striped. g) Where a use is not specifically mentioned,off-street parking requirements shall be the same as for similar use. 52.10-1 ORDiNANCE 52—ZONING ORDINANCE h) In the Bl,B2 and B3 zoning districts on land which contains existing buildings, nothing in this section shall be construed to prevent collective provisions of off- street parking facilities for two (2)or more buildings or uses provided, collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table,and Subdivision 4 below, said buildings or uses aze within 350 f�t of the parking area. i) To accommodate redevelopment and/or expansion of e�sting structures or uses within the B-1 and B-2zoning districts,the Planning Commission may allow off- site pazking providing the Applicant demonstrates alternative parking amangements such as a parking sta111ease agreement or the presence of public parking.Alternately,the Applicant may provide a parking study completed by a qualified professional demonstrating the proposed use is adequately served by existing parlcing. j) Nothing in this section shall prevent the extension of,or an addition to a building or structure into an existing pazking area which is required for the original building or structure when the same amount of space taken by the elctension or addition is provided by an enlargement of the�isting parking area. k) No curb cut access shall be located less than twenty(20)feet from the intersection of two(2)or more street right-of-ways for residential uses,and thirty(30)feet for commercial and industrial areas.This distance shall be measured from the itttersection of lot lines. 1) Curb cut opening�shall be a minimum of five(5)feet from the side property line. m) All properties shall be entitled to at least otte(1)curb cut Single-family uses shall be limited to one(1)curb cut access per property measuring no more than 24 feet in width(the 24 foot width shall include 18-foot width plus three foot taper width on each side). n) Driveways in residentiat areas which abut a hard surface roadway must be constructed of a hard surface consisting of concrete,bituminous,or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete sha11 be prohibited except as permitted in an industrial area by special use permit. Snbd.4: Required Off-Street Parking. The amount of required off-street parking space for new uses or buildings,additions thereto and additions to cxisting buildings as specified previously,shall be determined in accordance with the following table,and the space so required and sha11 be irrevocably reserved for such use,except these requirements shall not apply to uses in existing buildings within the Centrai Business District of St.3oseph. The amount of required off-street parking in the Central Business District for existing or new uses and improvements to existing buildings which do not increase the azea used for commercial or residentiaUrental use shall be deteimined by the Planning Commission with approval by the City Council prior to the issuance of a building permit. The amount of parking space required shall be based on the 52.10-2 ORDINANCE 52—ZONING ORDINANCE anticipated demand for parking and loading space,the length of visits generated by the particular business,and the availability of other parking spaces in the Central Business District. The Central Business District shall be located within the following boundaries: Properties lying to the West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of Minnesota Street; and lying South of the easdwest a11ey which is between Minnesota Street and Ash Street. The lots within the Central Business District are: Lots 4, 5,and 11 tlu�ough 15 of Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4,all in the Original Townsite of St. Joseph. a) Sinele familv,two family non-rental residential units. Two(2)spaces per unit. b) Boarding,house,rooming house,bed and breakfast,multiple familv dwellin�s and rental residential dwellinQS. One and one-half(1 2)spaces for each single- bedroom dwelling,two and one-half(2 2)spaces for each two-bedroom dwelling, four(4) spac�s for each three-bedroom dwelling,and an additional 1.25 spaces for each addidonal bedroom vcrithin the dwelling. Any be�iroom larger than 140 square feet shall be considered as two bedrooms for the purpose of determining the total number of bedrooms within a dwelling. Fractional numbers shall be rounded up to the next highest whole number. c) Motels,motor hotels,hotels. One(1)space per each rental unit and one(1) space for each employee on any shift. d) Church,theater, auditorium. At least one(1)parking space for each four(4)scats based on the design capacity of the main assembly hall. e) Hospitals. Three(3)spaces per each bed. fj Medical,chiropractic.dental or hospital out-t�atient clinics. One(1)space for each one hundred ten(110)square feet of net floor area or seven(7)spaces per doctor,whichever number of pazking spaces is greater. g) _ Long Term Caze Facilities.Assisted Living;Centers,Rest Homes and Retirement Homes. One(1)space for each two(2)beds for which accommodations are offered and one(1) for each employee on any shift. h) Elderlv(senior citizenl housing, One{l) spaee per unit. i) Drive-in restalu�ant and convenience food. At least one(1)parking space for each thirty-five(35)square feet of gross floor area,but not less than fifteen(15) spaces. j) Of�ice buildings and professional of�ices.other than medical,chiropractic.dental or hospital out-patient clinics. One(1)space for each two hundred fifty(250) square feet of floor area. 52.10-3 ORDINANCE 52—ZONING ORDINANCE k) Bowlin ag llev. At least five(5)pazking spaces for each alley,plus additional spaces as may be required herein for related uses contained within the principal structure. 1) Automotive Service Station. At least four(4)off street pazking spaces plus two (2)off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products,parts and/or service shall be required to provide additional parking in compliance with other applicable sections of this Ordinance. m) Retail store and service establishment. At least one(1}off-street parking space for each three hundred(300)square feet of floor area. n) Retail sales and service business with fif�v(SO�perccnt of gross floor area devoted to storage,warehouses and/or industrv. One(1)space for each three hundred(300)square feet devoted to public sales and/or service plus one(1) space for each one thousand(1,040}square feet of storage area or one(1)space for each employee on the maximum shift which is appropriate. o) Restaurants and cafes. At least one(1)space for each four(4)seats used i�y patrons,plus one(1)space for each employee on the maximum sluft. p) Private clubs servin�food and/or drinks,bars,taverns,ni tclubs. At least one (1) space for each fifly(50)square feet of gross floor area. c� Funeral home and Mortuazy establishments. At least twenty(20)parking spaces for each chapel or pazlor,plus one(1)parking space for each funeral vehicle mainta,ined on the premises. r) Manufacturin�,fabricatin.,g or processing of a product or material,warehouse. storage,handling or bulk goods,post offices. At least eight(8)spaces,plus one (1) space for each two(2)employees on each shift based on maximum planned employment or at a minimum one(1)space for each five hundred(500)square feet of floor area. s) Car wash. (In addition to required stacking space.) 1. Automadc drive through, serviced. Ten(10) spaces per bay for stacking purposes plus one(1)space for each eYnployee on the maximum shift. 2. Self-seTVice. Three(3)spaces per bay for stacking purposes,plus a minimum of two(2)additional spaces. Subd. 5: Parkin�Lot Standards. Ia all districts where off-street parking lots are permitted or required such off-street parking shall be constructed and maintained subject to the following regulations: 52.10-4 ORDINANCE 52—ZONING ORDINANCE a) These standards shall not be applicable to parking provided for single family or two family residences,public parks or other publicly owned property. Parking lot standards for industrial uses may be subject to variance or modification by the conditional use permit for the specific industrial use. In considering a request for variance or modification,the City shall consider the location of the property, size of tlie parking azea,use of the parking area, adjacent property uses and the impact on the general well being of the community. Alternative surfaces which may be permitted in an industrial area are limited to Class 2 crushed granite which conforms to the requirements of MN/DOT specification 3138 with visual evidence of further consolidation. b) Parlcing lots existing on or before January 1,1996, do not have to be bmught into compliance with these standards until such time as any of the following events occur. (a)a new structure is construct�on the property served by the parking lot; (b)an addition is constructed to any existing structure located on the property served by the parking lot; (c)A change in use of the property served by the parking lot occurs which results in a remodeling of the structure requiring the issuance of a building permit. c) Adequate ingress and egress shall be provided. d) Such parking lots shall be conshvcted anc�maintained in a useable condition,with a hard surface consisting of concrete,bituminous,pavemcnt or paver stone designed to drain and dispose of surface water. Recycled bituminous or concretc sha11 be prohibited excspt as permitted in an industrial area by special use permit or variance. e) Whenever such parking lot boundary adjoins property zoned for residential use,a setback of fifteen(15)feet from said lot line shall be required, and maintained. fl Necessary curbs or other protection against dama,ges to adjoining pcoperties, streets and sidewalks shall be provided and maintained.Concrete curbs to MnDOT Design B612 specifications shall be used for all automobile stops and for all drive and parking areas. g) For the purpose of pramoting redevelopment of property,parcels within the Central Business District as defined in Section 52.10,Subd.4,as may be amended,may be exempted from perimeter curbing requirements provided: 1. The City Engineer finds the area is reasonably servicefl by area storm water structures/facilities. 2. The development application illustrates that: i. Reasonable visuaI separation from adjoining properties, streets, and sidewalks is provided and maintaine�through the employment of aiternate treatments such as landscaping or striping;or, ii. The site is subject to a unified design/development that contains joint parking or public parking facilities. 52.10-5 ORDINANCE 52—ZONING ORDINANCE h) No sign shall be so located as to restrict the sight,orderly operation and traffic movement within any parking area. Only signs necessary for the orderly operation of tra�"ic movement or parking regulation shall be permitted in any parking area(e.g. visitor parking, deliveries,handicap parking). Such signs shall not be considered part of the permitted advertising space and shall be subject to signage regulations. i) All pazking lots shall be screened and landscaped from abutting residential uses or districts by a wall, fence or densely-planted compact hedge or tree cover not less than four(4) feet nor more than eight(8) feet in height. j) Except in the case of single-family,twafaxnily,and townhouse developments, parking areas shall be designed so that circulation between parlang aisles or driveways occurs within the designated parlcing lot and does not depend upon a public street or alley and such design does not require bacicing onto the public street. k) Except in the cases of single-family,two-family and townhouse developments, parking lot dimensions are set forth in the table below. Circulation patterns shatl a11ow adequate room for emergency vehicles. Angle and Standard Depth Depth to Aisle WalUwall Interlock traffic flow stall width to wall interlock width module Module 90 de 2-wa 9' 17.5' 17.5' 26' 61' 61.0 60 de 2-wa 9' 18.0' 16.5' 26' 62' S9.0 75 de 1-wa 9' 18,5' 17.5' 22' S9' S7.0 60 de 1-wa 9' 18.U' 16.5' 18' S4' S1.0 Special designs will be considered for unique situations,and are subject to approval of the City Engineer.Handicap stalls shall be provided in accordance with current ADA roquirements.Where bumpers overhang sidewaiks,allow 2.5 feet of clearance for the overhang before considering useable sidewalk width. 1) Draina�e and Surfacing. Driveways shall not exceed a grade of six(6)percent and a11 pazking lots except those for less than four(4)vehicles sha11 be geaded according to a drainage plan which has beec�approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. m) StriPing. All lots for five(5)or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. n) Circulation. Lots shall be so designed that intemal circulation shall be available without utilizing the public street. 52.10-6 ORDINANCE 52—ZONING ORDINANCE o) Maintenance. It shall be the responsibility of the lessee andJor owner of the principal use,uses or building to maintain in a neat and adequate manner,the pazking area, striping,landscaping and screening. p) Li tin . All lighting used to illuminate an off-street parking area sha11 be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. Subd. 6: Parking in the E/E Educational az►d Ecclesiasrica.l District. a) Parking intended to be used by students,guests, employees,the public,residents, and visitors within the ElE District shall be illustrated on a Master Parking Plan which is consistent with this Ordinance. b) The number of parking stalls required may be reduced from the requirements of this Ordinance provided a parking study by a qualified individuat finds proposed parking in adequate. c) Areas suitable to accommodate emergency vehicles and accepted by the Fire Marshall sha11 be required for each structure. Subd. '7: Parking pads for Residential Units in All Zoning Districts a) Any of�street parking facilities to residential uses shall feature improved surfaces as defined in section 52.14 subd 3(n)of this Ordinance and shall be made part of or adjacent to the existing driveway and/or located in the side yard. For the purposes of this section a driveway sha11 be defined as a private way for velucles leading from a public right-of-way to an off-street parking facility. b) Of�--street parking facilities located in the side yard as defined in Secrion 32.04 Subd. 116 of this code shall be improved to provide a durable and dust-free surface consisting of concrete, asphalt,pavers or similar materials. Class 5 material is not an accepted material. Off-street parking shall not be permitted in easement areas. c) Existing driveways not currendy improved to a durable and dust free surface are not require�to be upgraded unless it is detennined that the current driveway surface materials are washing into the public stre,et causing a nuisance. Any expansion to an existing gravel driveway shall be improve�i to a hard surface roadway and must be constructed of.a hard surface consisting of concrete, bituminous,or pavers which could be designed to drain and to dispose of surface water. d) In no circumstances sha11 the site coverage exceed the maximum impervious surface for each specific zoning district. For Rl, Single Famiiy Zoning Districts, the unpervious surFace sha11 not exceed the limits identified in section 52.27 subd. 9(c)of this code. snna.�,aa�a o�rosns 52.10-7 ORDINANCE 52—ZONING ORDINANCE Subd. 8: Required Loading Berths. In connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materiaJs or merchandise by trucks or similaz vehicles,with a gross floor area of five thousand(5,000) square feet or more,there shall be off-street loading provided on the basis of the following: Gross Floor Area Minimum required square feet loading�berths S,Q00 to 16,000 1 16,000 to 44,000 2 40,000 to 70,000 3 70,000 to 104,000 4 eaeh additional 40,000 1 additional Loading space required under this Section sha11 be at least fifty(SO) feet long and ten(10)feet wide. 52.10-8