HomeMy WebLinkAbout2005 [03] Mar 07
CITY Of ST. JOSEPH
. www,cityofstjoseph,com
St. Joseph Planning Commission
Monday, March 7, 2005
7:00 PM
Administrdtor
Judy Weyrens 1. Call to order
MdYor 2. Approve Agenda
Richdrd Cctrlbom 3. Ordinance Amendments
a. R4 Ordinance Consideration
Councilors b. Amendment to the Business Sign Ordinance
AI Rdssìer C, Building Permits in Commercial and Industrial Zoning Districts
Ross Rieke
Renee Symdnietz 4. Adjourn
Ddle \V!¡ck
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2) College Avenue North, PO Box bbs ' Sdint. Joseph, Minnesotd )6374
Phone ,20.,6,.7201 Fd x )20,,6,.0,42
. I Attachment: Yes or No I
REQUEST FOR PLANNING COMMISSION ACTION
Ordinance Amendments
DATE: June 2, 2003
AGENDA ITEM
Ordinance Amendments
PREVIOUS ACTION
The Planning Commission in December 2004 reviewed a number of Ordinances and requested
clarification on two: 1) Business Sign; 2) R4 Single Family. It is my understanding that one concern of
the R4 was whether or not a developer could apply for R4 and construct "traditional" homes using small
lots. Therefore, the provision for detached single family homes has been removed. The Ordinance still
allows for detached patio homes, but the definition clarifies that a patio home is one level.
. The other Ordinance Amendment in your packet is the Building Permit for Commercial and Industrial
Districts. This Amendment allows for additions to existing properties provided they do not expand the
use more than 50%. I in discussing this matter with Sue Dege she has indicated that using a percentage of
increase is a better method for determining when Planning Commission review is needed.
RECOMMENDED PLANNING COMMISSION ACTION
COMMENTSIRECOMMENDATIONS
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Section 52.30: R-4 TownhomelPatio Home Residential District
Subd. 1: futent: It is the intent of the R-4 TownhomelPatio Home District to
accommodate a variety of single-family housing types, including single family detached and
patio homes and single-family common wall attached housing units such as townhomes or
rowhouses at low to moderate residential densities. The R-4 District is intended for those areas
designated as medium and/or high density residential areas or residential planned unit
developments under the Comprehensive Plan. For the purpose of this ordinance, the following
definitions will apply:
a) Patio home: A single-family attached or detached unit constructed on a separate
relatively small lot consisting of one level living area with open space setbacks on two (2) sides.
b) Rowhouse: One of a series of essentially identical single fmaily residential
structures situated side by side and ioined by common walls.
c) Townhome or Townhouse: A sim!le-family dwelling in a row of at least three
(3) such units in which each unit has its own front and rear access to the outside, no unit is
. located over another unit, and each unit is separated from any other unit by one or more common
fire resistant walls.
Subd.2: Permitted Uses:
a) Single family detached d'lv'ellings, ovmer occupied (as defined in Section 52.27, I
Subd. 3 (1). Patio homes.
b) Townhouses of not more than two stories each.
c) Row Houses (houses that are in a rO'lI of identical houses situated side by side I
and sharing common 'Nalls) of not more than two stories each.
Subd. 3: Uses Under Special Use Permit: The following uses shall require a
Special Use Permit based on the procedures set forth in this Ordinance.
a) Governmental and public utility buildings and structures necessary for the health,
safety, and general welfare of the community,
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons
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d) Licensed residential group care facilities with seven or more boarders. .
e) Nursing Homes and Board and Care Homes, provided that adequate parking is
provided and the site is accessible to commercial service areas.
±) Public Libraries
g) Public or private schools, providing, however, that the area and location of any
school and off-street parking heretofore shall be subject to the approval of the
Pla1ll1Ìng Commission.
h) Churches
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses.
k) Plmmed Unit Residential development
1) Bed and Breakfast
m) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
n) Non-owner occupied rental provided the housing is elderly housing. .
0) Manufactured homes as defined by this Ordinance.
p) Manufactured Home Parks, in accordance with Section 52.14
Subd.4: Pennitted Accessory Uses.
a) Private garages, parking spaces and ca...rports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations per Section 52.16
c) Houses and similar buildings for storage of domestic equipment and non-
commercial recreational equipment.
d) Swimming Pools, tennis courts, and detached screen porch or gazebo, provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
Ordinance 52.12 Subd. 2.
e) Fences .
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. f) Accessory building (s) and/or private garage (s), either attached or detached, shall
be subject to the following limitations and the general requirements of Section
52.12, Subd. 1.
1. One or two accessory buildings covering a combined area not greater than
1,350 square feet are pennitted.
2. The combined area of the lot covered by the accessory buildings
authorized in subparagraph 1 above shall not exceed ten (10) percent of I
the total lot size for single family detached housingdetached patio homes.
The combined area ofthe lot covered by the accessory buildings
authorized in subparagraph 1 above shall not exceed fifteen (15) percent
of the total lot size for townhouse, group or rowhouses.
3. Accessory buildings oflessthan 50 square feet shall not be considered
when computing the limitations of subparagraphs 1 and 2 above; but the
combined area of accessory building of less than 50 square feet shall not
exceed a total of 100 square feet.
4. The principal building shall be constructed prior to Of at the same time as
any accessory building or structure.
. 5, Accessory buildings not specifically pennitted by this paragraph shall be
prohibited unless authorized by a variance granted pursuant to Ordinance
52.07.02.
Subd. 5: Lot Area Requirements.
Land Use Minimum Lot Minimum Lot Minimum Lot
Area Width Depth
a) Single Family
detached Patio 6,000 50' 120'
Home
b) Townhouse, group
or row houses 12,000 75' 120'
c) Churches, chapels,
temples, synagogues 22,000 100'
d) Public Buildings 40,000 100'
e) Day care facilities
serving 15 or more
persons and
residential facilities &2,000 W75' 120' I
serving more than 6
. persons
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IJlJ Schools I 22,000 I 100' I 120' I ·
g) The minimum lot area per townhouse, group or row house unit shall be four
thousand square feet (4,000 sq. ft.)
h) The net housing density within the district is six (6) units per acre of net buildable
area of the subdivision. Net buildable area shall be the total area less public street
right-of-way, wetlands, drainage ways, water bodies and slopes greater than
twelve (12) percent.
Subd. 6: Setback Requirements.
Land Use Front Yard Interior Side Street Side Rear
setback Yard setback Yard setback Yard
Setback
a) Single FamilyPatio I
Home detached * 30' 10' ลก20' 20'
b) Tovnihouse,group
or row houses 30' 10' 25' 20'
c) I Churches, chapels, ·
I temples, synagogues 30' 20' 30' 35'
d) Day care facilities
serving 15 or more
persons and 30' 10' 25' 35' ,
residential facilities
serving more than 6
persons
Ie) I All other uses 50' I 50' 50' 50'
It) Accessory Uses - Same as Same as Same as
I principal principal principal 10'
'" Attached patio homes would be relieved from the setback requirements where I
attachments occur at the lot line.
Subd. 7: Building Requirements.
a) Building Height shall not exceed two (2) stories or 35 feet as measured from the
average grade.
b) No more than 8 dwelling units shall be constructed within one structure.
c) Each dwelling unit shall have two or more individual, separate entrances. ·
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· d) All dwelling units shall have a minimum roof pitch of 4: 12 as defined by the
building code,
e) All dwelling units shall have a ftost ftee foundation as defined by the building
code, or an engineered concrete slab with concrete above-grade exterior
foundations walls.
f) The exterior oftownhomeuse and rowhouse dwelling units shall include a I
variation in building materials, which are to be distributed throughout the building
facades and coordinated into the architectural design of the structure to create an
architecturally balanced appearance; The preferred materials are: brick, stucco,
stone, steel/vinyl/aluminum and fiber-cement siding. In addition, a minimum of
25 percent of the combined area of all building facades of a structure shall have
an exterior finish of brick, stucco and/or natural or artificial stone. For the
purpose of this section, the area of the building façade shall not include the area
devoted to windows, entrance doors, garage doors or roof areas.
g) Buildings shall be designed to prevent the appearance of straight, unbroken lines
in their horizontal and vertical surface. There shall be no more than two
contiguous townhouse dwelling units without a break in the horizontal and/or
vertical elevations of at least thirty-two (32) inches.
· h) Where more than one (1) principal use building is to be located upon the same
site, the separation between buildings shall not be less than forty (40) feet.
i) Provision shall be made for possible decks, porches or additions as part of the
initial dwelling unit building plans. The site plan for each dwelling unit shall be
configured and sized to include decks, patios or porches.
j) All dwelling units shall have a minimum floor area of 676 square feet.
k) Provisions for shelter in the event of severe weather for each dwelling unit shall
be demonstrated either in the form ofthe construction of a ftee-standing severe
weather structure, a reinforced concrete safe room within each dwelling unit
and/or basement/crawl space sufficient to house four (4) adults per dwelling unit.
1. The entrance to a development shall be one that abuts a collector or arterial road.
Subd. 8 Parking Provisions. All driveways and parking areas shall be hard
surfaced and each dwelling unit shall be provided with a minimum of two parking spaces one of
which shall be in an attached garage.
Subd.9 Site Coverage. On lots developed for townhouse or rowhouse or attached I
patio home units, Nno structure or combination of structures shall occupy more than 50% ofthe
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lot area. On lots developed for detached patio home units. no structure or combination of I ·
structures shall occuPY more than 35% of the lot area.
Subd. 10 Signs.
a) No sign shall be placed closer than ten (10) feet to any property line, except
directional signs which have a zero (0) foot setback.
6. No sign shall be placed in any interior side yard.
7. No sign shall be mounted on the roof of a building.
8. No signs shall violate the rront, side or rear yard requirements.
9. Signs shall not be placed in the public right-of-way or easements.
10. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
11. Illuminated signs are not allowed.
c) One unlighted sign per vehicle entrance identifying a dwelling unit complex shall
be allowed. Such signs may indicate the name and address of the building and
rental or management offices. ·
1. Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet. For complexes of three or more
structures, the aggregate surface area shall not exceed 100 square feet if
double faced.
2. The height of the sign shall not exceed eight feet (8').
3. Landscaping must be provided around the base of the sign.
d) Wall sign: One wall sign shall be allowed for the purpose of street identification.
Such sign cannot exceed twelve (12) square feet.
e) Sign Removal: All signs not maintained and kept in good repair or otherwise not
in compliance with the S1. Joseph Code of Ordinances shall be subject to removal
upon direction of the City Building Inspector.
Subd. 11 Yard Cover. Every yard on a premise on which a dwelling stands shall,
within 3 months of issuance of the certificate of occupancy, be provided with lawn or combined
la\vn cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such
yards shall be maintained consistent with prevailing community standards. Motor vehicles may
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. not be left parked or unattended on or within a yard, Grass shall be maintained so as not to
exceed a height of 6 inches.
Subd. 12. Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs.
Subd. 13. Regulation of Activities Adiacent 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 stonn 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,
Subd,14. Common Areas. All common areas within an R-4 development,
including but not limited to, open space, wetlands, greenways, drainage ponds, driveway,
parking areas, play areas,etc" shall be owned and maintained by a condominium, association,
cooperative or other common interest community created pursuant to Minnesota Statute, Chapter
. 5l5B and approved by the City Attorney. The agreement shall provide for all exterior building
maintenance, approval of any exterior architectural modifications, landscaping, snow clearing
and regular maintenance of private driveways and other areas owned in common.
Subd. 15. Development Plan Requirements. No building pennit shall be issued until
the Planning Commission reviews the development plan to detennine that the use and
development is compatible with adjacent land uses, and consistent with the stated intent of this
zone. Upon request ofthe Planning Commission the City Council will make the final
detern1Înation of site plan approval. The developer shall provide the following items to the
Plan...'lÍng Commission for any development located in the R-4 Townhome Residence District.
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
f) Sign location and dimensions
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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 location, type of plan and size.
1) Fire hydrant and fire lane locations
m) Utility locations
n) A description of provisions which shall be made on site for adequate open space,
recreational areas, transit options, etc. to properly serve residents of the facility
including a discussion of the perceived needs of the residents (i.e. senior citizens,
students, families with children)
0) A copy of proposed covenants and/or homeowner's association agreement (s).
p) Any other fencing, screening, or building accessories to be located in the
-development area. ·
q) When required, evidence of completion of National Pollutant Discharge
Elimination System (1\1FDES) permitting program and/or the City of St. Joseph
Stonn Vlater Pollution Prevention Program (SWPPP).
r) 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.
s) Required Fee I Agreement
l. Pavment Required. Any person filing a petition requesting development
plan revie\v 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 the amount as established by resolution of the City Council.
Preparation and review of all elements ofthe 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
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· professional planners, or any other costs induding 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 action on
the application for development plan review. Such escrow or letter of
credit shall be in the fonn 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 the City. The Development Agreement shall stipulate 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 amount or
irrevocable letter of credit in favor of the City in an amount equal to 125%
of all costs associated with the 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
fonn approved by the City Attorney, shall be conditioned upon the
approval of the development plan.
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AMENDMENT TO ORDINANCE 52 .
. ZONING ORDINANCE REGARDING BUSINESS SIGNS
The City Council for the City of S1. Joseph hereby ordains that Ordinance 52 is amended as
follows:
1. That section 52.11, Subd. 3 shall be amended by the addition of subparagraph m)
which shall read as follows:
"m) Monument Sign. A rree standing sign in which the entire base of the sign structure
is in contact with t he ground, providing a solid and continuous background for the sign face that is
the same width as the sign rrom the ground to the top of the sign. The base of the sign shall be
constructed of a permanent material such as concrete block or stone. The sign face shall occupy at
least 50% of the monument sign. Signs should be constructed of materials either the same as the
principal structure or that appear the same."
2. That section 52.11, Subd. 5 shall be amended to read as follows:
"Subd. 5: Business Signs. Business or industrial signs may be erected, attached or painted
onto a structure, and maintained in conjunction with a commercial or industrial use provided the
Business Sign meets the minimum standards as stated in each zoning district. The maximum
height of a Business Sign shall be 15 feet. All rreestanding 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."
2. That Section 52.30, Subd. 9.a. is amended by the addition of subparagraph 4 which
reads as follows:
"4. All rreestanding 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 ofthe Building Code."
3. That Section 52.31, Subd. 10.b. is amended by the addition of subparagraph 4 and
subparagraph 5 which read as follows:
"4. All rreestanding 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. "
. 4. That Section 52.32, Subd. II.b. is amended by the addition of subparagraph 4 and
subparagraph 5 which read as follows:
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"4. All fteestanding Business Signs shall be landscaped arolU1d 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. "
5. That Section 52.33, Subd. I1.c. is amended by the addition of subparagraph 4 and
subparagraph 5 which read as follows:
"4. All fteestanding Business Signs shall be landscaped around the base.
Except for monlU11ent 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. "
This amendment is adopted the _ day of , 2004, and shall
be effective upon publication.
CITY OF ST. JOSEPH
By .
Larry Hosch, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on ,2004
L:\city\stjoe\2004
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March 4, 2005
Ms. Judy Weyrens
S1. Joseph Administrator/Clerk
25 North College Avenue
S1. Joseph, MN 56374
Re: Business/Industrial Additions
Our File No. 24252
Dear Judy:
At your request, I am enclosing the ordinance revision which would exempt additions to existing
buildings from the planning commission/city council development review process. In my opinion, it
will be better to base the exemption upon a size percentage rather than an increase in value
percentage. The square footage is not subject to manipulation and will provide a much Cleaner
decision making process.
. Please give me a call if you have any questions about these recommendations.
Very truly yours,
RAJKOWSKl HANS MEIER LTD.
By
Susan M. Dege
SMD(baz
Enclosure
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AMENDMENT TO ORDINANCE 52
ZOl\TJNG ORDINANCE REGARDING DEVELOPMENT PLAN .
APPROVAL FOR ADDITIONS IN B-l. B-2. B-3 AND L-l DISTRICTS
The City Council for the City of S1. Joseph hereby ordains that Ordinance 52 is an1ended as
follows:
l. That section 52.30, Subd. 10 shall be amended to read as follows:
"Subd. 1 0: Development Plan Requirements. No building permit shall be issued until the
Plmming Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings which
will increase the size of the building by 50% or less. Upon the request of the Planning
Commission, the City Council will make the fInal determination on site plan approval. The
developer shall provide the following items to the Planning Commission for any development
located in the Central Business District:"
[All subparagraphs shall remain the same.]
2. That section 52.31, Subd. 9 shall be an1ended to read as follows:
"Subd. 9: Development Plan Requirements. No building permit shall be issued until the .
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings which
will increase the size of the building by 50% or less. Upon the request of the Planning
Commission, the City Council will make the fInal determination on site plan approval. The
developer shall provide the following items to the Planning Commission for any development
located in the Highway 75 Business District:"
[All subparagraphs shall remain the same.]
3. That section 52.32, Subd. 10 shall be amended to read as follows:
"Subd. 10: Development Plan Requirements. No building permit shall be issued until the
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings \vhich
will increase the size of the building by 50% or less. Upon the request of the Plmming
Commission, the City Council will make the fInal determination on site plan approval. The
developer shall provide the following items to the Planning Commission for any development
located in the General Business Distlict:"
[All subparagraphs shall remain the same.] .
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4. That section 52.33, Subd. 10 shall be amended to read as follows:
. "Subd. 1 0: Development Plan Requirements. No building permit shall be issued until the
Planning Cómmission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings which
will increase the size of the building by 50% or less. Upon the request of the Planning
Commission, the City Council will make the final determination on site plan approval. The
developer shall provide the following items to the Planning Commission for any development
located in the Light Industrial District:"
[All subparagraphs shall remain the same.]
This amendment is adopted the day of March, 2005, and shall be effective upon
publication.
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
. By
Judy Weyrens, Administrator/Clerk
This amendment was published on ,2005
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