The URL can be used to link to this page

Home My WebLink About1998 [12] Dec 07 . CITY OF ST. JOSEPH 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 St. Joseph Planning Commission (320) 363-720 I Fax: 363-0342 December 7, 1998 7:00 p.m. . MAYOR L ' Call to Order Kenneth J. Hiemenz 2. 7:00 p.m. - Continuation Hearing, Preliminary Plat Buettner Industrial Park CLERK! ADMINISTRATOR 3. 7:20 p.m. -- Tom's Carpentry, Building Pennit to construct Rachel Stapleton a utility shed, 1514 MN Str E, Styles & Cotton Dental Clinic 4. 7:30 p.m. -- Public Hearing - Casey's General Store COUNCILORS Variance - Sign Height & Special Use for Convenience Store Bob Loso Cory Ehlert 5. 8:00 p.m. -- Miller Properties, Galen Kabe .Twit Discussion on recent annexation and zoning Niedenfuer 6. Approve Minutes 7. New Business a. Proposed Revised Ordinances b. 8. Adjourn . . CITY OF ST. JOSEPH ;, 21 First Avenue NW P.O. Box 668, St. Joseph, MN 56374 (320) 363-7201 Fax: 363-0342 Ilk GiQI i!=.ri MAYOR Kenneth J. Hiemenz MEMO/FAX DATE: December 4, 1998 CLERK! ADMINISTRATOR Rachel Stapleton TO: Members of the Planning Commission FROM: Rachel Stapleton COUNCILORS Bob Loso RE: Zoning Issues Cory Ehlert Ken Twit I want to give you a little background on the Miller Property zoning issues. . Niedenfuer The property of concern is owned by Miller Properties and was annexed recently in the Whispering Pines annexation. We did not receive a petition to annex this property. (Galen Kabe of Miller Properties had called and said they did not wish to petition but did not wish to impede the annexation due to the needs of the other property owners.) On annexation all the properties were classified as residential. It was brought to our attention that the use of this property has been a limited use for commercial, has been held for sale as commercial, and the owner has expressed reliance on the allowances of the Township zoning. The property owners have requested reinstating the commercial zoning status. Notice of any change in the zoning allowances was not sent to the property owner. Therefore it is necessary to seriously consider reinstating the zoning status of the property prior to annexation as is basically the request. . . (Draft) GENERAL BUSINESS DISTRICT Intent Permitted Uses Permitted Accessory Uses Special Uses Yard and Height Requirements INTENT '- . . . u. _. _ .-0 _ - ---. _....-- The General Business District provides space for concentrated general business and commercial activities at locations were they are easily accessible to residential areas and, at the same time, minimizing negative impacts to residential neighborhoods. PERMITTED USES The following uses shall be permitted within the General Business District: A. Appliance stores B. Book stores . C. Bakery goods, sales and baking of goods on permise D. Financial institutions, including insurance companies E. Barber and beauty salons F. Bicycle sales and repair G. Photography sales and service H. Grocery and Drug stores I. Fruit, Vegetable and Meat stores J. Laundry and dry-cleaning services K. Florist L. Hardware stores M. Interior Design services, including floor and wall covering stores N. Hobby shops and gift stores O. Library . P. Jewelry sales and service Q. Government buildings . R Medical, optical and dental clin.ics S. Business offices T. Pet shops, excluding kennel services U. Record and video stores V. Restaurants, coffee shops, excluding drive-in service W. Sporting goods stores X; Apparel stores PERMITTED ACCESSORY USES The following uses shall be permitted as Accessory Uses in the General Business District: A. Commercial or business building for a use accessory to the principal use B. Signs as regulated in this Ordinance C. Temporary buildings for construction purposes, for a period not to exceed construction D. Off-street parking and loading areas . SPECIAL USES The following uses shall require a Special Use Permit based on the procedures set forth in Section 8 of this Ordinance: A. Convenience stores B. State licensed day care centers and nursery school facilities provided that: 1. Adequate off-street parking and loading is provided; and 2. The facility meets all State licensing requirements pursuant to Minnesota Statutes 245 A.02 and 245 A.l1 C. Gasoline service stations provided that: 1. Location of the facility is not closer than 200 feet from a school, church hospital or meeting places having seating capacity of more than 50 people. D. Bars and liquor stores E. Auto sales, service and repairs provided that: 1. Location of the facility is not closer than 200 feet from a school, church hospital or meeting places having seating capacity of more than 50 people. . F. Advertising signs and billboards as allowable under 52.13.10 G. Other uses determined by the Planning Commission to be of the same character . YARD AND HEIGHT REQUIREMENTS Front Yard Setback: Each building shall have a :/Ì'ont yard setback of not less than ten feet (10'). If the building :/Ì'ont in located on Minnesota Street :/Ì'om College Avenue to Second Avenue North West, no :/Ì'ont yard setback is required. Side Yard Setback: Each Building shall have a side yard setback of not less than five feet (5 '). No structure shall be ., " placed closer than twenty feet (20'}&om the boundary ofan R-l District. _ ... U. _ n - - -- ..- ... _.-.-._ _"_________ ---.0__. ---.---. . __u__ Rear Yard Setback: Each building shall have a rear yard setback of not less than five feet (5'), except where a lot abuts an alley, the rear yard setback shall be ten feet (10'). Height: No structure or building shall exceed two (2) stories or fifty feet (50') in height, whichever is less, as measured :/Ì'om the :/Ì'ont yard setback line. Landscaping: . All buildings constructed in the General Business District must be accompanied by a landscape plan accepted by the Planning Commission. . (Dfàt-Pí) . HIGHW A Y 75 BUSINESS DISTRICT Intent Area Permitted Uses Permitted Accessory Uses Special Uses Yard and Height Requirements Performance INTENT An Ordinance Controlling Use of Land and Improvements creating a mixed Land Use District near and adjacent to County State Aid Highway 75 Corridor in the City of St. Joseph. The Highway 75 Business District is meant to provide for the development ofland near and adjacent to the County State Aid Highway 75 corridor. This shall be done by allowing for a mixture of land uses and by establishing stringent development standards for the development of that land. The district is meant to promote high-value development in a manner similar to a planned unit development, taking full advantage of the City's highway location. It is also the . purpose of the Highway 75 Business District that a pleasant, attractive, and aesthetically pleasing environment be developed. AREA The land ofthe City of St. Joseph which this Ordinance applies is described as follows: (NEED TO HA VE DESCRIPTION OF THE BOUNDARY) PERMITTED USES Development within the Highway 75 Business District may include commercial, retail, service, and office uses. The applicant shall demonstrate to the satisfaction of the EDA and Planning Commission City that the proposed land uses, their mix, and location are compatible and complimentary both internally and with adjacent land uses. The following uses are permitted: A. Business Services: 1. Banks 11. Office Space iii. Postal stations B. Equipment Services: 1. Radio and television shops . 11. Appliance repair shops 111. Appliance show rooms · C. Food Services: i. Grocery stores 11. Supermarkets iii. Restaurants IV. Delicatessen v. Bakeries whose product is sold at retail on premises D. Personal Services: i. Drug stores ii. Hardware stores lll. . Book stores ..-- . .·u__ iv. "Retail apparel stores v. Flower shops VI. Beauty shops and salons VB. Photography shops and studios Vlll. Funeral homes E. Recreational services: I. Theaters 11. Bowling lanes iii. Clubs and lodges · IV. Hotels v. Motels VI. Recreational vehicle sales and service F. Transportation terminals, public utilities and transfer stations, without storage yards. G. Governmental buildings and structures H. Medical Services: 1. Medical clinics B. Dental clinics B1. Veterinary clinics IV. Other institutions providing health care SPECIAL USES The following uses will require a Special Use Permit based on the procedures set forth in Section 8 this Ordinance: 1. New and used auto dealerships B. Lawn and garden sales area (seasonal) 1Il. Lumber yards and retail centers IV. Stone building materials · v. Industrial and office-warehouse vi. Automobile service and gas stations vii. Auto malls viii. Temporary open outdoor sales of produce ANY OTHER PROPOSED SPECIAL USES? -- Adv'~¡d"17 ?'Jt4 ~ ~ 6ð,4A-¡:;J$ ILl- çl. /3 . / D . DEVELOPMENT PROCEDURES The Developer must follow the procedure for Development of Projects within the Highway 75 Business District by providing the following items A. Development Plan. The concept plan shall consist of drawings and sketches all made to scale which shall show: i. Building location u. Locations of all ingress and egress poihts . iii. ' Dumpster and solid waste pick-up areas -and screening of these areas. lV. Sign locations and dimensions v. Building elevations, front, rear, and side Vl. Lighting standard and hood detail vii. Parking and loading areas Vlll. Drainage by the use of arrows and contours IX. Building exterior colors and materials x. Screening of heating, ventilating and air conditioning equipment (HV AC) xi. Landscaping material including location, name of plant material, and size xu. Fire hydrant and fire lane locations xu!. Utility locations . xiv. Any other fencing, screening, or building accessories to be located in the development area. - -- . OTHER GENERAL REQUIREMENTS A. Building Setbacks: A 10 foot landscaped setback shall be adjacent to the highway right of way. Building shall not be closer than 20 feet from the right of way. Side yard setback shall 10 feet from the side yard lot lines. Rear yard set back shall be 10 feet from the rear yard lot line. Building setbacks are required to permit fIre access, maintenance, and landscaping. B." Parking Lôts: All þàrkirignlots shall bë hài"d surfacoo.Thelöts shall inëlude þái"king'còtitròls and -------- ..- other landscaping techniques to improve their aesthetic quality and to direct the flow of traffIc. C. Loading Docks: No loading dock or overhead door shall face directly on the Highway 75 corridor. D. Building Exteriors: Acceptable building exteriors shall include brick, architecturally improved steei, glass, stone, tilt-up concrete panel and decorative concrete block. Wood, plastic, and other . combustible materials not listed as acceptable shall not be used for building exteriors. E. Screening: All heating, ventilating, air conditioning and refuse storage areas shall be screened. F. Lighting: All lighting shall be hooded and no light may directly strike any land or area Outside of the development. G. Stops and Curbs: Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas. H. Landscaping: In addition to requirements relating to parking lots, the Development Plan shall shov-' a unified landscaping scheme for the development. Included shall be foundation planting for a minimum of fifty percent of the building's exterior dimension. All green areas shall be served with underground sprinkling. I. Signs: All signs shall be part of a sign package presented in the Development Plan. All signs shall conform to the sign and building ordinances. No temporary, movable, or "¡-cade!' ~ boards" shall be permitted. Size, lighting, construction, and other mechanical requirements shall be governed by the City's sign and building ordinances. - . (DRAFT) LIGHT INDUSTRIAL DISTRICT Intent Permitted Uses Conditional Uses Permitted Accessory Uses Yard And Height Requirements'· Performance INTENT The Light Industrial District provides space for industrial activities involving a minimum degree of refuse byproducts and air or noise pollution and requiring a relatively low level of on premises processing. Several of these activities may include secondary commercial functions which are conducted on site. PERMITTED USES The following uses shall be permitted within the I-I Light Industrial District: . A. Assembly plants and manufacturing enterprises that do not cause noxious odors or noises, nor heavy water and sewer users B. Business incubator facilities C. Electric appliances assembly. D. Industrial research laboratories. E, Manufacturing of small electrical parts or service. F. Newspaper or printing plant. G. Telecommunication facilities, base stations. H. Telemarketing and mail order establishments. 1. Warehousing with inside storage. J. Wholesale or distributor storage and distribution of non-hazardous materials. - - . PERMITTED ACCESSORY USES: A. Restaurant, lunch counters, confectioneries to serve the employees employed within the District. B. Residential structures and related residential uses necessary for security and safety reasons in relation to the principal use. C. Off-street parking and off-street loading. D. Offices accessòry tòthe prillCipal use. .---. . ---.. - .-----.. . .- .---. - E. Signs. F. Temporary buildings for construction purposes for a period not to exceed construction. SPECIAL USES The following uses shall require a Special Use Permit based on the procedures set forth in Section 8 of this Ordinance: . A. Adult entertainment as regulated by Section 52.13, Subd.19 of this Title. B. Commercial activities directly relating to a product produced on site. C. Commercial activities relating to production systems, structural maintenance programs or the construction industry. D. Service structures, public or private, designed and used to serve the uses in the surrounding area, such as electric power substation, telephone buildings, deep wells, elevated tanks and similar structures and uses. E. When a Light Industrial District fronts on a County State Aid Highway the following uses may be permitted by a SPECIAL USE PERMIT: 1. Motels 11. Gasoline Service Stations Ill. Restaurant or supper clubs IV. Drive-in establishments v. Open sales or temporary rental lots. F. Uses detennined by the Planning Commission to be of similar nature to the listed permitted uses above and found not to be detrimental to the general health and welfare of the City. - LOT, YARD, AREA AND HEIGHT REQUIRMENTS - Lot Area: The lot area shall be the area of the recorded lot as filed with the Stearns County Auditors Office. The lot area shall be identified by the builder to the Planning Commission and the Planning Commission shall determine the lot has sufficient area to . allow the construction anc!- still conform with the requirements of this Title. .' FRONT YARD SETBACKS: A. Front yard setback in any Industrial District shall be thirty (30) feet. On corner lots, the setback from all street lines shall be thirty (30) feet. Where an Industrial District is separated from a residential district by a city street, the setback from the city street in the Industrial District shall be not less than one hundred (100) feet. B. Thefront yard bordering upon a street shall be landscaped as in accordance to the , Business Park Covenants ar;d shall not be used for the parking of employees. SIDE YARD SETBACKS: A. The side yard setback in any Industrial District shall be not less than ten (10) feet. B. The Industrial District side yard adjacent to a residential boundary line shall provide for a landscaped strip sixty (60) feet in width along such boundary line. A portion of this landscaped strip shall be planted to provide a screen. The governing body may require additional side yard width in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet and paring in this area will be . permitted. C. The side yard bordering upon a street shall be landscaped as in accordance with the Business Park Covenants and shall not be used for the parking of employees. REAR YEARD SETBACK: A. The rear yard setback in all Industrial Districts shall be a minimum of twenty (20) feet which may be used for parking. HEIGHT: A. No building constructed in any Industrial District shall be more than fifty five (55) feet in height. PERFO~~CESTÑ~ARDS Applicants for a permit to develop any Industrial property in the City of St. Joseph shall be required to submit a complete an accurate statement to the Planning Commission concerning the specific nature of the use to which the property is to be put. This statement shall include detailed information relative to the control of smoke, odors, noise, vibrations or other effects, as stated in Section 52.13, Subdivision 18, which may be considered by the Planning Commission as detrimental to the health, safety or general welfare. The Planning Commission may require any - additional information, corrections or control deemed necessary for the protection of the public. ~ Unofficial Minutes . Pursuant to due call and notice thereof the Planning Commission for the City of St. Joseph met in regular session on.Monday, November 9, 1998 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chaír Hub Klein. Commissioners Kurt Schneider, Marge Lesnick, Cory Ehlert, Jim Graeve. Deputy Clerk Judy Weyrens. Others Present: City Engineer Joe Bettendorf, Michael Contardo, Dick Taufen, Tom Brannan, Leo Buettner, EDA Dírector Chad Carlson, Len Wiener, Art Hiemenz, Edith Hiemenz, Tom Skahen. Special Use Pennit. Michael Contardo: Chaír Klein opened the hearing at 7:05 p.m. and stated the purpose of the hearing is to consider issuance of a Special' Use Pennit. The permit is being requested to allow a rental unit in a General Business Zone. St. Joseph Code of Ordinances 52.20 subd 3 (d) allows for the following Special Use Permit: Multiple Family dwellings provided that the use either adjacent to or provides off-street parking and there is no conflict with adjacent activities. The property is legally described as follows: The westerly 50' of the southerly 108' of Lot 1 Block 8 of the Original Town of St. Joseph, Steams County, Minnesota. Michael Contardo spoke on his own behalf. He stated that he is requesting authorization to construct a studio apartment in the lower level of his office buildings. The apartment would be approximately 500 . square feet and be rented to one person. Ehlert questioned Contardo as to how many parking spaces he currently provides for the dental clinic. Contardo responded that his current parking lot has space for eight (8) vehicles. Since the clinic only has one dentist, the current parking is adequate enough to support the rental unit. Rarely are there more than four (4) vehicles in the parking lot and the rental unit will only requíre one (1) parking space. If needed, Contardo stated he could extend the parking lot to the east. Dick Taufen, 31 - 2nd Avenue NW, questioned why Contardo is requesting to add an apartment unit to the dental clinic when he already has two rental units. Contardo responded that when the building was constructed he hoped to rent the lower level to a business. However, the lower level is not conducive for business rental as it would require an elevator. Therefore, the only use left is for a rental unit and it is becoming an economic issue. Taufen stated that it is his opinion that allowing more rental is a mistake. He stated that the neighborhood is currently surrounded with rental units and the behavior of the tenants is not compatible with a, neighborhood. He stated that the residents should not have to worry about vandalism and theft of personal property. Contardo stated that he understands the problems associated with student rental but feels the landlord should be accountable for managing the property. As a landlord he screens his tenants and has a zero tolerance policy for unacceptable behavior. Contardo stated that he has not had any problem with his rental units and would hope the neighbors would contact him if problems occur. Tom Brannan, 114 Ash St. W, questioned the Planning Commission if the rental unit is approved, how . many tenants could occupy the building. Contardo stated the area to be used for a rental is a small space and he could not see renting to more than one person. Ehlert stated the Commission could place a maximum density requirement on the special use permit. Page I of6 Unofficial Minutes . Taufen questioned if the unit would be for personal use. Contardo responded that he would lease the apartment to someone other than himself. ( Schneider questioned if another rental unit should be allowed in the downtown area. He can understand rental on mainstreet as the renters would not be disturbing a neighborhood. Contardo stated that because of his business on the upper level, he will have control of the lower unit and will not tolerate undesirable behavior. He stated he would be screening the tenants very carefully and will have a restrictive lease. Ehlert requested that Contardo caution his renter about the importance of exhibiting neighborhood behaviors. Ehlert questioned the access to the lower unit. ' .. . Contardo responded that the lower unit has access both from 2"d Street NW and from the main entrance by the parking lot. Ehlert made a motion to recommend the City Council approve the following resolution of findings; seconded by Lesnick and passed unanimously by those present. RESOLUTION OF FINfJING The request of Michael Contardo for a Special Use Permit came before the Planning Commission at a public hearing held on November 9, 1998. The purpose of the hearing was to consider issuance ofa Special Use Permit. The permit is being requested to allow a rental unit in a General Business Zone. St. Joseph Code of Ordinances 52.20 subd 3(d) allows for the following Special Use Permit: Multiple . Family dwellings provided that the use either adjacent to or provides off-street parking and there is no conflict with adjacent activities. The property is legally described as follows: The westerly 50' of the southerly 108' of Lot 1 Block 8 of the Original Town of St. Joseph, Stearns County, Minnesota. The request for Special Use has been submitted by Michael Contardo, 26 - 2nd Avenue NW, St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following fmdings: The proposed use is consistent with the standards for a Special use Permit as stated in St. Joseph Code of Ordinances 52.8 subd 4 (a-k). Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approve the Special Use Permit as requested, with the following conditions: 1. The maximum density of the rental unit is one person. . 2. One parking space will be marked and designated for the exclusive use of the rental dwelling unit. The hearing was closed at 7:30 p.m. Page 2 of6 .. Unofficial Minutes . Preliminary Plat. Buettner Industrial Park: Chair Klein called the hearing to order and stated the purpose of the hearing is to consider a preliminary plat for the Buettner Industrial Park. The proposed plat is located north of County Road 75 between County Road 133 and Joseph Street; containing 58.52 more or less. The property to be plated is as follows: That part of the Northwest Quarter (nw1.4) of Section 11. Township 124, Range 29, Stearns County, Minnesota lying North of the railroad right of way as the same is situated over and across said S 1/2 NW Y4, lying southeasterly of the centerline of Cotmty Road Number 133 as the same was constructed and traveled on October 1, 1998 and lying northwesterly Line A described below, together with that part of the South Half of the Southwest Quarter(SKSW Y4) of Section 2 in said township and range lying southeasterly of said centerline of County Road Number 133 and West of Line B described below and together with that part of the East Half of the Northeast Quarter (E J.S NE 1/.4) of Section lOin said township and range lying northerly of said railroad right of way, lying southeasterly of said centerline of County Road Number 133 and lying East of Line C described below. Line A: Commencing at the northeast corner of the Northwest Quarter (NW Y4) of said Section 11; thence South 98'49'05" West along the north line ofsaidNW Y4 for 981.48 feet to the point of beginning of the line to be described; thence South 0'0'41" West for 1698.69 feet; thence South 89'36'49''West for 39.46 feet; thence deflect to the right along a tangential curve, having a central angle of25'03'I8" and a radius of375.00 feet, for 163.98 feet; thence North 65'19'53" West for 100.00 feet; thence deflect to the left along a tangential curve, having a central angle of24'39'26" and a radius of 375.00 feet, for 161,38 feet; thence South 0'00' 41' West for 691.23 feet to the northerly right of way line of said railroad and there tennÍnating. Line B: Commencing at the northeast corner of the Northwest Quarter (NW Y4) of said Section II; thence South 89'49'05" West along the north line ofsaidNW ~ for 981.48 feet to the point of beginning of the line to be described: thence North 0'00'41" East for 283.25 feet to the centerline of said County Road Number 133 and there terminating, Line A: Commencing at the intersection of the east line of said E J.S N 1/4 of section 10 with the centerline of said County Road Number 133; thence southwesterly along said centerline for 555.65 feet to the point of beginning of the 1íne to be . described; thence deflect 67'11 '50" to the left for 724.87 feet to the northerly right of way line of said railrpad and tllere terminating. Further the hearing is to consider rezoning the below described property £forn Industrial to General Business. The purpose of the request is to develop the property commercially. The property is located north of County Road 75 between County Road 133 and Joseph Street and described as follows: Legal of Entire Parcel: That part of the Northwest Quarter (nw 1. 4 ) of Section II. Township 124, Range 29, Stearns COW1ty, Minnesota lying North of the railroad right of way as the same is situated over and across said S 1/2 NW Y4, lying southeasterly of the c..."llterline ofCotmty Road Number 133 as the same was constructed and traveled on October I, 1998 and lying northwesterly Line A described below, together with that part of the South Half of the Southwest Quarter (S J.S SW Y4) of Section 2 in said township and range lying southeasterly of said centerline OfCOlUlty Road Number 133 and West of Line B described below and together with that part of the East Half of the Northeast Quarter (E J.S NE 1/.4) of Section lOin said township and range lying northerly of said railroad right of way, lying southeasterly of said centerline of County Road Number 133 and lying East ofLine C described below, Line A: Commencing at the northeast corner of the Northwest Quarter (NW Y4) of said Section II; thence South 98'49'05" West along the north line of said NW Y4 for 981.48 feet to the point of beginning of the line to be described; thence South 0'0'41" West for 1698.69 feet; thence South 89'36'49''West for 39.46 feet; thence deflect to the right along a t'll1gential curve, having a central angle of25'03'I8" and a radius of 375.00 feet, for 163.98 feet; thence North 65'19'53" West for 100,00 feet; thence deflect to the left along a tangential curve, having a central angle of24'39'26" and a radius of375.00 feet, for 161.38 feet; thence South 0'00' 41' Westfor 691.23 feet to the northerly right of way line of said railroad and there tenninating. Line B: Commencing at the northeast corner of the Northwest Quarter (NW~) of said Section 11; thence South 89'49'05" West along the north line of said NW Y4 for 981.48 feet to the point of beginning of the line to be described: thence North 0'00'41" East for 283.25 feet to the centerline of said COW1ty Road Number 133 and there terminating. Line A: Commencing at the intersection of the east line of said E J.S N 1/4 of section 10 with the centerline of said County Road Number 133; thence southwesterly along said centerline for 555.65 feet to the point of beginning of the line to be described; thence deflect 67'11 '50" to the left for 724.87 feet to the northerly right of way line of said railroad and there - t..:nninating. - Page 3 of6 Unofficial Minutes Legal description of section to be rezoned: . .' A section of property 439' x 597' lying easterly of the SW comer of the above described property. The section contains 5.76 acres more or less. The proposed plat has been submitted by Leo Buettner; 5855 Ridgewood Road; St. Cloud MN 56303. EDA Director, Chad Carlson spoke on behalf of Leo Buettner. Carlson stated that the Economic Development Authority has been working with Leo Buettner on the proposed plat that is before the Commission. The plat was designed with large lots to accommodate future business expansion. , The Commission questioned whether this plat requires the developer to contribute either park land or cash in leiu of land. Weyrens responded that the Subdivision Ordinance requires the developer of Industrial or Commercial property to contribute 2% for parkland, which could be land or cash. Carlson stated that this matter would need to be resolved with the property owner. City Engineer, Joe Bettendorf, presented the Planning Commission with the following comments regarding the preliminary plat of the Buettner Industrial Park: 1. A determination needs to be made if the area to be developed will be called a Business Park or Industrial Park. Carlson stated that the area will be developed as a Business Park 2. The name of the developer is misspelled. 3. Drainage and Utility Easements need to be identified. . 4, Existing utilities need to be indicated on the plat. 5. An error in contour needs to be corrected to Lot 1 Block 3. 6. Street Names need to be verified and corrected. 7. Elm Street is only platted as a half street and should be platted in its entirety, 8. Drainage issues need to be addressed. 9. Right-of-way needs to be secured for sanitary sewer and water main placement. Bettendorf also discussed the concept of creating a greenway area in the Industrial Park. If this is to be done, it needs to be included in the developer's agreement. Carlson stated that he has discussed this matter with Leo Buettner and restrictive covenants have been developed for the plat area, Further, Carlson stated the EDA is in the process of negotiating an exclusive marketing agreement with Buettner and the covenants will be part of the agreement. Weyrens stated that the following comments ûom consultants were received: 1. St. Cloud Area Planning Organization: Suggested the City verify the exact location of the realignment ofCR 133 and discuss future roadways with St. Joseph Township. 2. City Attornev John Scherer: a. The plat does not contain the proposed utilities, setback lines with dimensions and does not reference zoning of adjacent properties. b. The Developer did not submit supplementary data as required by the Preliminary Plat regulations. c, The lots meet the minimum requirements of Industrial Zoned property. - d. Verify ROW needed for CR 133 realignment e. Whether a developer's agreement is needed and if so what will be included. - Page 4 0[6 . Unofficial Minutes Ehlert made a motion to recommend the City Council approve the Preliminary Plat of the Buettner Industrial Park as presented with the following contingenci~s. 1. Approval of the City Engineer 2. Approval of the City Attorney Further, the motion requests the Council require the developer to provide a greenway in the Industrial Park and make it part of the developer's agreement. The motion was seconded by Schneider and passed unanimously by those present. - R.ezOning -reqùesÚBuettner stated thâim adcfitioiito requesimg plat approvaI;heisrequesting a zoning change for Lot I-Block 3 Buettner Industrial Plat from current Industrial to General Business. It is his intent to develop that parcel commercially with possibly a convenience store, furniture store, grocery store and video store. Ehlert stated that the Planning Commission has not been supportive of spot zoning in the past and questioned if the property needs to be zoned General Business to develop. Further, in the Industrial Zone, a special use permit is required for all uses, giving the Planning Commission an opportunity to review all plans to assure the business meets all criteria and is compatible with neighboring uses. Buettner stated that the sale of the lot is contingent upon it being zoned General Business. It is his opinion that if the City does not rezone Lot 1 Block 3, the development will not occur. Weyrens stated that even if the property is zoned General Business, a Special Use Permit would need to be approved to allow a gas station in a . General Business zone. Carlson stated that it is his opinion that the property abutting County Road 75 will develop commercially, meeting the intent of the current General Business regulations. If the lot in question is zoned General Business, the Planning Commission will still have the opportunity to review the plans of proposed businesses. The Ordinance requires Planning Commission approval before issuance of any building permit in a General Business Zone. The Commission discussed the possibility of updating the Ordinance to allow General Business uses in the fudustrial Zone. The Commission agreed to discuss this matter with the Council at the joint meeting scheduled for November 16, 1998. Therefore, Lesnick made a motion to continue the rezoning hearing on December 7, 1998; seconded by Graeve and passed unanimously by those present. The hearing was closed at 8:30 p.m. Lot Split Request. Art & Edith Hiemenz: Art & Edith Hiemenz appeared before the Commission to discuss a proposed lot split of Lot 11 Block 23 Peter Loso's Addition. Ehlert stated that acting on the advice of the City Attorney, the Council referred the lot split request to the Planning Commission. Edith Hiemenz expressed concern that the request did not need to come before the Planning Commission and did not appreciate having to delay action on the request. Tom Skahen, Sunset Manufacturing, stated that the lot split is being requested to add parking for the expansion of his company. The Commission reviewed the lot split as it relates to the Ordinances. Lesnick made a motion to request the Council approve the following lot split: - - North half of lot 11, Block 23 Peter Loso's Addition. The motion was seconded by Ehlert and passed unanimously by those present. Page 5 of6 Unofficial Minutes . Len Wiener. Parking Plan: Len Wiener appeared before the Commission to present a parking plan for his proposed business development of a indoor 11lmi golf course. Wiener stated that he currently leases space in the former bank building on Minnesota Street and is planning to open a mini golf course. According to the Ordinance, the Planning Commission and City Council must approve his parking plan. Wiener stated that he has researched many alternatives which included the following: 1. Requesting the City consider closing the alley between Loso's Store and the former Bank building, allowing parking in this area. Conclusion: Lack of adequate fire access and business access does not make this feasible. 2. Lease parking space from St. Joseph Meat Market. Conclusion: The property owner does not wish to sign a written agreement allowing such. 3. Requesting the City consider changing traffic flow in the alley by Loso' s Store allowing only one way traffic. By doing this two parking spaces could be created. Conclusion: Lack of adequate fire access and business access does not make this feasible. 4. Provide two parking spaces behind the site and two parking spaces on the lot Wiener owns on College Avenue. The lot on College Avenue could be used for employee parking. Conclusion: Feasible and practical. Wiener stated according to strict interpretation of the Ordinance his business proposal would require six (6) parking spaces, but since this property is located in the Central Business District, the governing body has the authority to determine the needed parking. Therefore, Wiener is requesting the Commission and Council approve requiring four (4) parking stalls for the development and accept #4 above. . Based on the information presented by Wiener, Graeve made a motion to recommend the Council approve the following parking plan of Len Wiener in order to allow the development of an indoor mini golf course. The motion was seconded by Lesnick and passed unanimously by those present. Parking Plan: Provide two parking spaces on the property where the development will occur and two parking spaces on the property owned by Wiener on College Avenue North. The parking on College Avenue North will be utilized by the property owner and employees. Approve Minutes: Graeve made a motion to approve the minutes of October 5, 1998 as presented; seconded by Lesnick and passed unanimously by those present. Adjourn: Lesnick made a motion to adjourn at 9: 10 p.m.; seconded by Graeve and passed unanimously by those present. ~d7 ::4~0 Judy Weyrens Deputy Clerk - - Page 6 of6