HomeMy WebLinkAbout[03] Huls Conditional use TOWNSHIP OF
SANT JOSEPH CITY OF ST.JOSEPH
PO BOX 585 PO BOX 668
St.Joseph MN 56374 St.Joseph MN 56374
320-363-8825 320-363-7201
Jweyrens@cityofstjoseph.com
MEETING DATE: February 9, 2016
AGENDA ITEM: Conditional Use Permit
Ross Huls
PREVIOUS JOINT PLANNING BOARD ACTION: On January 12, 2016 the Joint Planning Board approved
the request to rezone the former Kings Express property from Urban Expansion to Commercial.
BACKGROUND INFORMATION: The proposed use is consistent with the future land use plan of the
City. Consideration should be given to requirements if the property owner considers remodeling the
outside of the structure or adding on to the existing facility. The property is located in an area where
the City has imposed a corridor overlay district and zoning provisions requiring additional aesthetics
when building.
ATTACHMENTS: Request for Action
Notice of Public Hearing
Application for Conditional Use
Stearns County Staff Analysis
Draft Findings of Fact
REQUESTED JOINT PLANNING BOARD ACTION: Recommend approval/denial of the conditional use
permit based on Findings of Fact.
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TOWNSHIP OF
SANT JOSEPH CITY OF ST.JOSEPH
PO BOX 585 PO BOX 668
St.Joseph MN 56374 St.Joseph MN 56374
320-363-8825 320-363-7201
jweyrens@cityofstjoseph.com
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the Joint Planning Board of St. Joseph Township and the City of St.
Joseph will be conducting a public hearing on Tuesday, February 9, 2016 at 7:00 PM in the St. Joseph
City Hall, 25 College Ave N. The purpose of the hearing is to consider a conditional use permit to
operate a motor vehicle repair business in a commercial zoning district.
The request for conditional use is in accordance Section 4.8, and 6.40 of the Stearns County Land Use
and Zoning Ordinance 9439 and according to the Memorandum of Understanding between the City of St.
Joseph, Township of St. Joseph and Stearns County. The property under consideration is part of the
NEI/4 of the NW1/4 lying southwesterly of County Road 75 in Section 9, St. Joseph Township (124/29).
The property address is 30890 County Road 2, St. Joseph MN and the request has been submitted by Ross
Huls.
Publish: January 23, 2016
APPLICATION FOR CONDITIONAL USE PERMIT
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General Application
Stearns County Environmental Services repartment
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Adrninis*ation Center Rei.343 - 705 Courthouse Square - St. Cloud, l+rN 56303 Ki
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Legal Description
Structures and facilities may be required to meet the handicap Accessibility Code portion of the State Building
Code, Minnesota Rules, chapter 1.341.
Primary Zoning District Po y $ 'tV Section of Ordinance ,
Proposed Use a � -
., l" Section of Ordinance
Staff to Complete
Overlay Districts
o Floodplain o Airport o Conservation.Overlay
o Shorelan : Water Body Name/Number Classification
1. Detailed Description of RequestY Include current and proposed uses and structures you plan on building,
number of employees and hours of business, .r "'C t -
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2. What road do you access: Are you proposing a) any changes to the access or b) a new access?
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3. Describe existing and proposed encing and screening, including vegetation, # y
4, How will. you manage erosion and storm water on your property?
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Will you be disturbing over one acre of land?Y
Will your project end up with more than one acre of new impervious surfaces?Y
5. Describe existing and pro osed lighting onhe property.
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6. Describe existing and proposed parking and Loading facilities on the property? Include the type of surface (gravel,
concrete, asphalt) and the number of parking spaces. Explain or show on site plan the general traffic
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T, Describe existing and proposed signage on the property. For signs on a structure, a building elevation is required.
8. Describe existing andproposed out or storage and display areas.
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Building and Setbacks (As shown on site plan)
9. Dimensions 1.5.Lot Size
10.Total Height_ 16. Lot Coverage
I I. Sidewall Height d: Front(OH L) Setback
12. ROW Setback 18. Rear Setback
13. Centerline Setback 19. Side Setback
eedlot Setback
Note- In order to fully evaluate the proposed use,please supply a site plan map that shows all applicable distances,
setbacks,buildings,roads,parking,display areas,lighting,etc.
Property owner's Signature
Applicant's SignatureDate
Signature of this application authorizes Envif'o-nmental Services Staff to enter upon the property to perform needed inspections. Entry may be
without prior notice.
WHAT HAPPENS NEXT? Staff will review your application and determine if the application is complete. If the
application is complete, the application will be scheduled for a Public Hearing with the County Planning Commission
who will recommend action to the County Board of Commissioners. It typically takes 2 months from the time a
complete application is submitted until the County Board issues final approval or denial of the CLIP.
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Conditional Use Permit Request
Motor Vehicle Repair
Application Date: 1/13/2016
Property Owner/Applicant: Ross Huls
30890 County Road 2
St.Joseph, MN 56374
Parcel No.: 31.20685.0001
DESCRIPTION OF PROPOSAL
The applicant is requesting a conditional use permit to operate a motor vehicle repair business in the
Commercial zoning district in accordance with Sections 4.8 and 6.40 of Stearns County Land Use and
Zoning Ordinance#439 and according to the Memorandum of Understanding between the City of St.
Joseph,Township of St.Joseph and Stearns County.
The applicants are currently operating a motor vehicle repair business in the existing building on the
property. No changes to the structure are proposed.
SITE INFORMATION
Location of Property: The property under consideration is part of the NE1/4 of the NW1/4 lying
southwesterly of County Road 75 in Section 9,St.Joseph Township(124/29). The property address is
30890 County Road 2,St.Joseph MN.
Zoning:Commercial
Areas of Concern: The property is within the City of St.Joseph drinking water supply management
area (DWSMA).
Wetlands:There are no wetlands on the property.
Access: Access is from County Road 2.
PERFORMANCE STANDARDS(Sections 6.40 of Ordinance 439)
A. Local,State,Federal Laws,Rules,Regulations,and Ordinances:A licensed building official shall
determine if the state accessibility code is required to be met.
B. Setback requirements:The existing building does not meet the setback to County Road 2. All
other setbacks are met.
C. Hazardous waste: Storage of hazardous waste shall comply with all applicable local,state and
federal laws, rules, regulations and ordinances. We recommend the applicant keep a log of
when, how,and what is being disposed of.
D. Parking: 3 parking spaces are required for the proposed size building. There is adequate room
for 3 parking spaces.
E. Sale of Motor Vehicles: Up to 3 motor vehicles may be for sale at any time, per Section 6.40.
F. Storage of Salvage Vehicles: If any salvage vehicles are stored on the property,they must be
screened per Ordinance#439. No outdoor storage is proposed.
G. Screening: No changes to the existing screening are proposed.
H. Lighting:There are 3 existing flood lights on the building. No additional lighting is proposed.
K. Stormwater Plan:A stormwater plan is not required since no new impervious surface is
proposed.
L. Signs:The applicant may add a 16'x 3'sign on the building in the future.
M. Financial guarantee:This may be required to ensure compliance with the CUP and closure
requirements. This has not been required for similar uses in the past.
N. Outdoor storage of motor vehicle parts: No outdoor storage is proposed.
ADJACENT LAND USES
The surrounding land uses are a mix of agricultural, large lot residential,and parkland.
ADJACENT ZONING
The surrounding zoning is Agricultural 40, Commercial, Municipality, and Urban Expansion.
Compatibility with Comprehensive Plan:
Land Use Plan
Agriculture
Goal 2. Minimize land use conflict between agriculture and other land uses.
Objective 1. Maintain suitable boundaries for urban, rural residential and agricultural
areas.
Objective 2. Provide standards to protect new and existing land uses from incompatible
land uses.
Growth and Development
Goal 3. Manage the impacts of growth and development on the County's rural character
Objective 1. Discourage incompatible land uses through effective land use controls.
Objective 2. Identify appropriate areas for commercial, industrial, and non-farm rural
residential developments.
Objective 3. Deter premature development in rural areas and in urban expansion areas
around cities.
Economic Development Plan
Goal 1. Maintain and strengthen economic diversity.
Objective 1. Promote and retain agriculture in areas with highly valued agricultural land or
economically viable animal agriculture operations.
Objective 2. Encourage industrial development within existing communities, including
redevelopment of existing sites and filling of industrial and business parks.
Objective 7. Enhance the ability of local retail and commercial businesses to sustain small
city and town center commercial areas.
Future Land Use Map: Urban Expansion district
The Agriculture category is described as:
"Areas anticipated to be annexed and provided with municipal services during
the time frame of this plan. Also includes areas under Orderly Annexation
Agreements. Variety of land uses to be determined through joint city-township
planning. Residential uses remain restricted until annexation occurs. Limited
commercial/industrial uses may be considered."
Policy Area: Metropolitan Area
The multi-county St. Cloud Metropolitan area will continue to attract a substantial
portion of the region's jobs and population growth. It will also be the location for most
major transportation projects, as planned and programmed by the St. Cloud Area
Planning Organization (APO). This policy area generally encompasses the boundaries
established by the 2000 St. Cloud Area Joint Planning District plan, with some
adjustments to the "ultimate service area" for wastewater treatment.
Policies:
1. Support and update the policies of the Joint Planning District plan regarding
regional coordination of services
2. Support extension of coordinated, centralized wastewater treatment to the
ultimate service area.
3. Protect the ultimate service area from premature subdivision by limiting large-lot
residential development.
4. Support transit improvements, including the Northstar Commuter Rail extension.
Staff Analysis:
1. Is the proposal consistent with existing County ordinances (performance standards)?
Specify the applicable section of the ordinance and discuss why or why not.
Land Use and Zoning Ordinance#439 Sections 4.8 and 6.40
2. Are there any other standards, rules or requirements that the proposal must meet?
One proposed condition
3. Is the proposed use compatible with the present and future land uses in the area or can it
be separated by distance or screening from adjacent land uses? Why or why not? How
will any scenic views be impacted by the proposed use?
To be determined by the Joint Planning Board
4. How are the potential environmental impacts (groundwater, surface water, air quality,
wellhead protection areas) of the proposal being addressed?
To be determined by the Joint Planning Board
5. How will the potential impacts of the proposal affect the property values of the area in
which it is proposed?
To be determined by the Joint Planning Board
6. What potential public health, safety or traffic generation impacts will the proposal have
in relation to the area and the capability of the roads serving the area, and how are they
being addressed by the proposal?
To be determined by the Joint Planning Board
7. How does the proposal affect the general health, safety and welfare of the residents?
To be determined by the Joint Planning Board
8. Does the proposal conform to the goals and objectives of the County's Comprehensive
Plan? Specify which goals and objectives apply.
Future Land Use Map: Urban Expansion District
Policy Area Map: Metropolitan Area
Land Use Plan, Agriculture Goal 2 Objectives 1&2; Growth and Development Goal 3
Objectives 1-3; Economic Development Plan, Goal 1 Objectives 1, 2, 7)
9. How will the proposal potentially impact existing public services and facilities including
schools, parks, streets, and utilities and what potential is there for the proposal to
overburden the service capacity? How will these issues be addressed by the proposal?
To be determined by the Joint Planning Board
10. Has the applicant provided financial assurance to guarantee reclamation of cleanup?
To be determined by the Joint Planning Board
11. Other issues pertinent to this matter.
To be determined by the Joint Planning Board
PROPOSED CONDITIONS
If the Joint Planning Board approves this conditional use permit according to Sections 4.8 and 6.40 of
the Stearns County Land Use and Zoning Ordinance#439,the Joint Planning Board should consider
the following conditions:
1. A licensed building official shall determine if the existing structure is required to meet the state
accessibility code.
Attachments:
Application
Site plans
STATE OF MINNESOTA ST.JOSEPH JOINT PLANNING BOARD
COUNTY OF STEARNS CONDITIONAL USE PROCEEDINGS
In the matter of. Ross Huls
The Joint Planning Board considered a Conditional Use Permit(CUP)request submitted by Ross Huls to
operate a motor vehicle repair business in the Commercial zoning district located at 30890 County Rd 2.
The request for CUP is reviewed for compliance with Sections 4.8 and 6.40 of the Stearns County Land
Use and Zoning Ordinance. The matter was duly published and notice was provided to property owners
within 1000 feet of the above referenced property and the Joint Planning Board conducted a public
hearing on February 9, 2016.
PROPERTY ADDRESS: 30890 County Rd 2 (See Exhibit A for Legal Description)
PARCEL IDENTIFICATION: 31.20685.0001
The St. Joseph Joint Planning Board acknowledged the following Findings of Fact as it relates to the
CUP request of Ross Huls to operate a motor vehicle repair business in the Commercial zoning district:
1. In 2006 the City of St. Joseph, Township of St. Joseph and Stearns County partnered in a
transportation study to determine a new alignment for County Road 2 and locate a potential
north east/west corridor.
2. In 2007 the new alignment for County Road 2 was determined and Stearns County started the
design process and securing the right of way(ROW).
3. The new alignment of County Road 2 impacted the property described above and as part of
the ROW acquisition, the County was required to purchase the entire parcel.
4. Prior to Stearns County purchasing the property, the property was owned by Kings Express,
operating as a trucking service. The operation of a trucking service was a grandfathered non-
conforming use which is allowed to continue until the use cease for a period of one year.
5. The County purchased the property in 2013 and in 2014 the property was sold through an
action process,purchased by Ross Huls on 10/31/2014.
6. During the time Stearns County owned the property, the building was vacant and business did
not occur; therefore the property lost any grandfather status and any new use of the property
must be conforming to the underlying zoning district, A 40.
7. On January 12, 2016, the Joint Planning Board conducted a public hearing to rezone the
property from A40 to Commercial. The Joint Planning Board recommended approval of the
rezoning.
8. On January 12, 2016, the St. Joseph City Council and St. Joseph Township Board met jointly
and approved the rezoning of the property located at 30890 County Road 2 from A40 to
Commercial.
9. On January 13, 2016, the Stearns County Environmental Services Department received a
completed application requesting a Conditional Use Permit for the property located at 30890
County Road 2 to operate a motor vehicle repair business in the Commercial zoning district.
10. Acting as Zoning Administrator for the Orderly Annexation Area, Stearns County
Environmental Services determined the following:
a. The proposed use is consistent with the Stearns County Land Use and Zoning Ordinance
9439, Sections 4.80 and 6.40.
b. The proposal conforms with the Zoning—Commercial; Policy Area Map—Metropolitan
Area; Land Use Plan—Agriculture Goal 2, Objectives 1 &2, the Growth and
Development Goal Objectives 1 —3 and the Economic Development Plan, Goal 1
Objectives 1,2, and 7.
11. In reviewing the St. Joseph Comprehensive Plan, Transportation Plan and Utility Plan, the
proposed use is consistent with the future land use plan of the City, will not be an impediment
regarding the Transportation or Utility Plan.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph Joint Planning Board determined the following:
1. The property owner is proposing to use the property in the same manner, trucking
repair/service, as the previous property owner. Had the property continued to be occupied the
use would have been allowed to continue as a nonconforming use; therefore not needing a
Conditional Use Permit.
2. Since the property had been vacant for a time, a licensed building official shall determine if
the existing structure is required to meet the state accessibility code.
3. All waste products must be properly stored and disposed of.
4. All outdoor storage must be screened and can only be located in the designated areas
approved by the Joint Planning Board.
5. The property owner shall be allowed to construct a sign 16' x 3' provided it is attached to the
building. If a free standing business sign is requested the following standards shall apply:
a. The height of the sign shall not exceed 20'.
b. A pylon sign shall be prohibited.
c. The base of the sign must include a unified landscape plan.
Therefore, based on the aforementioned, the Joint Planning Board hereby recommends the St. Joseph
Township Board and St. Joseph City Council approve the Conditional Use Permit request of Ross Huls
for the property located at 30890 County Rd 2 (31.20685.0001)to operate a motor vehicle repair
business in the Commercial zoning district.
Adopted this , day of , 2016
ST. JOSEPH JOINT PLANNING BOARD
By
Rick Schultz, Chair
By
Judy Weyrens, Secretary
Drafted by:
City of St. Joseph
PO Box 668
St. Joseph MN 56374
320.363.7201