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Home My WebLink About2003 [12] Dec 01 · www.cityofstjoseph.com itg of St. Joseph 25 College Avenue North St. Joseph Planning Commission December 1, 2.003 PO Box 668 7:00 PM St. Joseph. MN 56374 (320) 363-720 I Fax: (320) 363-0342 ADMINISTRATOR 1. Call to Order Judy Weyrens 2. Approve Agenda MAYOR Larry J. Hosch 3. Approve Minutes COUNCILORS 4. 7:05 PM - Central Minnesota Credit Union Alan Rassier a. Parking Plan Ross Rieke b. Exterior Finish Gary Utsch Dale Wick 5. Ordinance Amendments 6. Other Matters · 7. Adjourn NOTE: Minutes will be delivered under separate cover · File I Attachment: Yes or No I . REQUEST FOR PLANNING COMMISSION ACTION Development Plan - Central Minnesota Credit Union DATE: December 1,2003 AGENDA ITEM Central Minnesota Credit Union - Development Plan PREVIOUS ACTION RECOMMENDED PLANNING COMMISSION ACTION . COMMENTS/RECOMMENDATIONS Enclosed in your paclœt is the extract ITom the Ordinance regarding parking in the Central Business District. As you can see the Planning Commission and City Council have the authority to waive the strict parking regulations. In determining the amount of parking the City first determines the parking that would be required if the business were not located in the Central Business District. After that is determined the Planning Commission and City Council can determine the amount of off street parking that would be required. The Ordinance further allows the parking to be a shared space provided that the parking is located within 350 feet of the business for which the parking is needed. Based on the size the building, 8 parking spaces would be required. The property owner would be willing to compensate the City for the parking if approved and the rate would be determined by the City Council. The City has more than sufficient parking and leasing 6 spaces would not have an impact. With regard to the sidewalk issue, that matter needs to be resolved with the City Engineer and Public Works Director. They will be meeting with the property owner to discuss the logistics. . C:IDocuments and SettingsIJudy\My Documents\Planning Commission Correspondence\2003 Request for ActionlCredit union.doc ~·>SCI . .~;'J' Sand Companies, Inc. November 14,2003 366 South Tenth Avenue PO Box 727 Waite Park, MN 56387-0727 City of St. Joseph Office: (320) 202-3100 Fax: (320) 202-3139 Planning Commission E-mail: SCI@SandCompanies.com 25 College A venue North Website: www.SandCompanies.com St. Joseph, MN 56374-0668 Re: Central Minnesota Federal Credit Union Building at 35 College A venue North St. Joseph, MN Dear Commissioners: As agent for the owner we request your approval and/or consideration in three areas: 1. Your Ordinance 52.30, Subd. 7 indicates the Planning Commission must approve exterior finishes and design prior to issuance of a building permit. Our proposal for renovation of the building at 35 College Avenue North will . make only modest changes on the exterior but more substantial changes on the interior. We will plan to provide ramped handicapped access to the front door (see part 3). We will remove the existing awning and remaining wood canopy and replace it with a slightly larger canopy of more historic design. We will enlarge the existing east window and add another in a location of an original window. We plan to repair and repaint the existing wood siding, add some wall mounted lighting and signage, and add railings to the new ramped access. 2. Your Ordinance 52.10; Subd. 4 j) requires one parking space for each 250 sq. ft. of floor area. This would require a total of 8 spaces. The site this building is located on is only 66 feet square, so there is little opportunity for on site parking. We plan to provide one HC space in the present driveway, and the existing garage may provide one additional space for employees at times. This leaves the building some 6 or 7 spaces short of the requirement. The Owner would expect to arrange to make payment to the City for lease of parking spaces in public or city lots. 3. A public walk serves the east side of the building, but the sidewalk is approximately a foot below the building floor level. We ask a variance (or other device) to allow the Owner to construct an arrangement of sloped walks with railings in the public right of way north of the building. . This walk arrangement will serve the public as public access between College Avenue P:\SCI - Cons!. & Dev. Div\Centra1MN Federal Credit Union - SI. Joseph Office - #03-104lDocumentsICodesOrdinancesICityStJosephII1403.doc Construction . Property Management . Development Equal Opportunity Employer and points to the west, but will also create a fully accessible path to the building main · entrance. While space is limited, we are willing to meet normal public walk widths to the extent possible. If you see other issues that might require approval from the Planning Commission, we ask that you bring them forward as soon as possible. It would be the intention of the Owner to begin construction work at the beginning of the year and to open the facility in Mayor June of2004. We thank you for your consideration. Sincerely, cc: Rick Odenthal - CMFCU Jim Sand - Sand Companies, Inc. · · P:\SCI - Const & Dev. Di'l\CeIrtraJ MN Federal Credit Dillon - St Joseph Office - #03-104\Documents\CodesOrdinanœs\CityStJoseph 111403.d~ _a::..Ju ~~ u -> Z ¿ G:g~m "'- 0 æŠð~ õf3 (I.) ~ U)".«~ ¡:::z -0 Ü ~ M zO:2'LL ~~ 0 ~ :5W«Q 0 ..c Q.~~U) lL~ -.-t") !!J"'~3 M8w 2)Q~~ E LL a. > . Fß~w ¡,¡ 5ï~~ ¡~~;; (I.) ~ ::; (I.) 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"'0 !<!œ ~~?~~~~I !! r:s 1J 0" .. oQ ~~i\i~ . ::T () 0 ~~. ;:." ~õ ,,~o_z 51 51 ...., ¿" ~ " ;¡,. 9 .... ~ r ~ c. z~ " ~):>;JJcn ï::i ~ t::;..... 'ì' ~.. ~ » s: CD ër~ g: ZoC"tI §;:s'<>~~ ~~'" C œ zczm 1\',,' ~ ..!!.~~ Z - :"(1) a. mrCO Z z> .,. cn-<m;::¡ ~~ " l:: 0 9~ ~ ~ f ~ð~~ <:> <:> 9 ~ :-!" ~J! m-<-f 51 51 ~ . ~ Õ m ~ ~ ;:r m Z 8 ~ 'g " 0 " . ORDINANCE 52.30: B-1 CENTRAL JBUSINESS DISTRICT. Subd. 1: Intent. The Central Business District has been established to encourage the continuation of a viable downtown by promoting uses dependent of high volumes of pedestrian traffic; to provide for regulation ofthe high intensity commercial uses located within the original core of the City; and, to encourage parks/greenspace in the downtown. The Central Business District provides space for concentrated general business and commercial activities at locations where they are easily accessible to residential areas and, at the same time, minimizing negative impacts to residential neighborhoods. Subd. 2: Permitted Uses. The following uses shall be permitted within the Central Business District: a) Antique stores. b) Appliance stores. c) Apparel shops. . d) Artisan shops. e) - Bakery goods, sales and baking of goods on premises. f) Barber and beauty salons. g) Bicycle sales and repairs. h) Book stores. i) Boutiques. j) Business/professional offices. k) Coffee shops. 1) Fanners market for the sale of produce only. Notification and the submittal of a plan to the Planning Commission is required. 1m) Financial institutions, including insurance companies. I . n) Florist. 52.30-1 ,... 0) Fruit, vegetable and meat stores. . p) Government buildings. q) Grocery and drug stores, not more than 10,000 square feet in size. r) Hardware stores, not more than 10,000 square feet in size. s) Hobby shops and gift stores. t) Interior design services, including floor and wall covering stores. u) Jewelry sales and service. v) Laundry and dry-cleaning services. w) Library. x) Medical, optical and dental clinics. y) Parks and Open Spaces. z) Pet shops, excluding kennel services. aa) Photograph sales and repair. . bb) Record and video stores. cc) Restaurants, coffee shops, excluding drive-in service. dd) Sporting goods stores. ee) Postal facilities ff) Other use detennined by the Planning Commission to be of the same character as contained in this Subdivision. Subd. 3: Special Uses. The following uses shall require a Special Use Pennit based on the procedures set forth in Section 52.07.03 of this Ordinance. a) Convenience stores, excluding fueling facilities. b) State licensed day care and nursery school facilities provided that: 1. Adequate off-street parking and loading is provided, and; . 52.30-2 2. The facility meets all State licensing requirements pursuant to Minnesota · Statutes 245A.02 and 45A.11. c) Motor vehicle service stations. d) Bars and liquor stores. e) Auto, service and repair shops. £) Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at least 50% ofthe interior square footage (exclusive ofthe basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The area consisting of multiple residential dwelling units must meet the standards of Section 52.29, Subd. 5 and 6; and said residential uses occupy only the upper and/or rear portions of structures. Offstreet parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.10. g) Lodge. h) Commercial Planned Unit Developments. i) Other uses determined by the Planning Commission to be of the same character as · contained in this Subdivision. Subd. 4: P~rmitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Central Business District. a) Commercial or business building for a use accessory to the principal use, not to exceed 50 percent of the size of principal building. b) Business identification signs as regulated in Section 52.11. c) Temporary buildings for construction purposes for a period not to exceed construction. d) Off-street loading and parking areas. e) Signs that meet the criteria of Subdivision 9 of this section. Subd. 5: Setback Requirements. a) Front yard setbacks shall be ten (10) feet from the lot line. lfthe building front is located on Minnesota Street from College A venue to Second Street Northwest, no front yard setback is required. · 52.30-3 b) Side yard setback shall be five (5) feet ftom the lot line. No structure shall be . placed closer than twenty (20) feet ftom the boundary of any residential district. If the building ftont is located on Minnesota Street ftom College A venue to Second Street Northwest, no side yard setback is required. c) Rear yard setback shall be five (5) feet ftom the lot line, except: 1. Where a lot abuts an alley, the rear yard setback shall be ten (l0) feet; 2. Where a lot abuts a residential district, the rear yard setback shall be twenty (20) feet. Subd. 6: Height Requirements. Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming the building does not allo\\' a building to be constructed higher than 35 feet. Elevation for the building shall be deteTI11ined by the average grade of the land. Subd. 7: Other Requirements. a) Before the issuance of a building permit, all buildings constructed in the Central Business District must have a landscape plan approved by the Planning Commission. b) Before the issuance of a building permit all buildings constructed, or undergoing exterior renovation or remodeling in the Central Business District must have the . exterior finish design and materials approved by the Planning Commission. c) Where a use exists pursuant to a special use permit in conjunction with a permitted use, the required parking shall be computed for the permitted use and special use separately with adequate parking required to satisfy both uses. d) No outdoor storage shall be allowed. e) Single tenant retail buildings shall not exceed 10,000 square feet. £) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more than 90 percent of the lot area. Subd. 9: ~. In the Central Business district, the general provisions apply to all signs: a) Business signs may be erected and maintained in conjunction with a commercial use provided: . 52.30-4 . ORDINANCE 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 all districts except where special provisions provide otherwise. Subd. 2: Scope of Parking and Loading Requirements. a) In all zoning districts, off-street 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 Parking Provisions. a) Loading space shall not be construed as supplying off-street parking space. Minimum parking dimensions shall meet the requirements of Section 52.10, Subd. 5K. . b) When units or measurements used in detennining the number of required parking spaces result in requirement of a fractional space, that fractional space shall be rounded up to the next highest whole number. c) Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this Ordinance, additional parking space for the additional floor area shall be provided 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, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including areas 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 same lot or parcel ofland as the building they are intended to serve. ±) 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 h) 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 are within 350 feet of the parking area. i) Nothing in this section shall prevent the extension of, or an addition to a building or structure into an existing parking area which is required for the original building or structure when the same amount of space taken by the extension or addition is provided by an enlargement of the existing parking area. j) 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 intersection of lot lines. k) Curb cut openings shall be a minimum of five (5) feet from the side property line. 1) All properties shall be entitled to at least one (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. . Subd.4: Required Off-Street Parking. The amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified previously, shall be detennined in accordance with the following table, and the space so required and shall be irrevocably reserved for such use, except these requirements shall not apply to uses in existing buildings within the Central Business District of St. Joseph. 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 area used for commercial or residential/rental use shall be detennined by the Planning Commission with approval by the City Council prior to the issuance of a building pennit. The amount of parking space required shall be based on the 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 east/west alley which is between MÜmesota Street and Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 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) Single family, two family non-rental residential units. Two (2) spaces per unit. b) Boarding house, rooming house, bed and breakfast. multiple family dwellings and - rental residential dwellings. One and one-half (l 2) spaces for each single- - 52.10-2 . bedroom dwelling, two and one-half (2 2) spaces for each two-bedroom dwelling, four (4) spaces for each three-bedroom dwelling, and an additional 1.25 spaces for each additional bedroom within the dwelling. Any bedroom 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) seats based on the design capacity of the main assembly hall. e) Hospitals. Three (3) spaces per each bed. ±) Medical, chiropractic, dental or hospital out-patient 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 parking spaces is greater. g) Long Term Care 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) Elderly (senior citizen) housing. One (1) space per unit. i) Drive-in restaurant 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) Office buildings and professional offices, other than medical, chiropractic, dental or hospital out-patient clinics. One (1) space for each two hundred fifty (250) square feet of floor area. k) Bowling alley. At least five (5) parking 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 parking 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 ofthis 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. - - 52.10-3 . V Rajkowski 11 Seventh Avenue North ~~~~~~~~! Ltd. P.O. Box 1433 St. Cloud, MN 56302-1433 October 22, 2003 320-251-1055 Toll Free 800-445-9617 Ms. Judy Weyrens City Administrator for the City of St. Joseph Fax 320-251-5896 25 North College Avenue St. Joseph, MN 56374 rajhan@rajhan_com Re: City of St. Joseph - DefInition of Family www.rajhan.com Our File No. 21753 Dear Judy: The St. Joseph Ordinance Code provides a defInition of the tenn 'family'. A family can be a group of unrelated individuals or blood relatives living together. However, St. Joseph's defInition only recognizes certain degrees of kinship. The recognition of only certain degrees of kinship is unconstitutional. I do not believe that the current defmition . of a family would survive a challenge. The United States Supreme Court has reviewed defmitic~ns of the tenn 'family' in municipal zoning ordinances on several occasions. The Supreme Court has stated that "[t]he tradition ofunc1es, aunts, cousins, and especially grandparents sharing a household Frank J. Rajkowski .. along with parents and children has roots equally venerable and equally deserving of Gordon H. Hansmeier constitutional recognition." "Whether or not such a household is established because of personal tragedy, the choice of relatives . . . to live together may not lightly be denied by Frederick L. Grunke the State." Thomas G. Jovanovich· Paul A. Rajkowski· It appears that distinctions between degrees of kinship in the defInition of a family in a municipal zoning ordinance are unconstitutional. The St. Joseph Ordinance Code Kevin F. Gray defInition of a family does distinguish between degrees of kinship. The only degrees of William J. Cashman kinship that are recognized are that ofhusband and wife, parent and child, sibling, grandparent and grandchild or stepchild. Aunts, uncles, nieces, nephews, and cousins are Richard W. Sobalvarro not considered family. This distinction by the City is unconstitutional. Susan M. Dege The portion ofthe St. Joseph Ordinance Code limiting the number ofumelated persons LeAnne D. Bartishofski living together as a family appears to be a valid limitation. However, Section 52.3 subd. Sarah L. Smith 22( C) of the St. Joseph Ordinance Code must be amended. A municipality cannot limit the number of blood relatives that live together as a family. A city may regulate how Troy A. Paetz many umelated persons may live with a family. -'ph M. Bromeland "'Gregory J. Haupert Frank J. Rajkovvski and Ríchard W Sobalvarro are admitted to practice in North Dakota, Gordon H. Hansmeier in North Dakota and Wisconsinr Paul A. L. Smith in ~¥i5consin and Vtlil1íam J. Cashman in South Dakota. -~~,,~.~--~.~-~-~.~- --- ~-.~.~------- ...,..--.~".~--~. _0. ~ _0_" J: .. ___ _"__._.... . .._. .-'......,_, ,. .1.._ __..__ _........._1'-"'_-' ^,...,..... ..,_......__. V Ms. Judy Weyrens October 22, 2003 Page 2 . I recommend that the current Section 52.3 subd. 22(c) be deleted and replaced with the following language: Any number of persons related by blood, marriage, or adoption and up to x (x) umelated persons. I suggest limiting the umelated persons in addition to a family to one or two. Ho\vever, you will have to make this determination. Please let me know if you would like to go ahead and make this change. Sincerely, RAJKOWSKl HANSìIER LTD. ~ / //;.. "j !/ By L/ d Thomas G., Jovanovich TGJ/jrk . cc: Joanne Foust Cynthia Smith-Strack - - --, -<