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HomeMy WebLinkAbout2005 [09] Sep 12 Administrator 1. Judy Weyrens 2. Mayor 3. Richard Carlbom 4. Councilors AI Rassier Ross Rieke Renee Symanietz 5. Dale Wick 6. CITY OF ST. JOSEPH www.cityofstjoseph.com St. Joseph Planning Commission September 12, 2005 7:00 PM Call to Order Approve Agenda Approve Minutes 7:00 PM Public Hearing, Percheron Properties, 31 Minnesota Street West St. Joseph Code of Ordinances 52.30 Subd. 3(f) Special Use Permit - Mixed Density 7:20 PM Midnight Haulers, request relief from the requirement to curb entire site. Site plan originally approved August 7:30 PM Lumber One Avon, Concept Plan - Proposed School site and Multiple Family Residential Development 7. Ordinance Amendments 8. Other Matters 9. Adjourn FILE 2.) College Avenue North' PO Box bbs . Saint. Joseph, Minnesota )6)74 Phone ,2.0.,6,.72.01 Fax ,2.0.,6,.0,42. Draft August 8, 2005 Page 1 of 3 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, August 8, 2005 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners: S. Kathleen Kalinowski, Marge Lesnick, Jim Graeve, Bob Loso, Mike Deutz, AI Rassier. City Administrator Judy Weyrens. others Present: Jerry Hettwer, Joseph Leach, Mark Lenz, Brian Shields Approve Aaenda: Lesnick made a motion to approve the agenda; seconded by Kalinowski and passed unanimously. Minutes: Lesnick made a motion to approve the minutes of May 2, 2005 with grammatical errors corrected per Kalinowski; seconded by Rassier and passed unanimously. Loso made a motion to approve the minutes of May 16, 2005; seconded by Lesnick and passed unanimously. Kalinowski made a motion to approve the minutes of June 6, 2005; seconded by Rassier and passed unanimously. Lesnick made a motion to approve the minutes of July 5, 2005; seconded by Kalinowski and passed unanimously. Interim Use Permits - Annual Review: When the Planning Commission issues Interim Use Permits for Owner Occupied Rental Units, a contingency is included that requires an annual review of the permit. As part of the review, the Police Department was asked to provide any police reports concerning the subject properties. Weyrens stated that there were no police reports for the previous license period. The following is a list of Interim Use Permits for consideration: Year Type of Interium Use Address Owner Issued Owner Occupied Rental 209 East MN Street Kathryn Kalkman 2003 Owner Occupied Rental 1 01 - 5th Avenue NW Mike Bader 2003 Owner Occupied Rental 32 _1st Avenue SE Brandon Kappes 2003 Owner Occupied Rental 763 College Ave S Jim Odegard 2004 Owner Occupied Rental 321 Cypress Drive Brian Shields 2004 Weyrens reported that Brandon Kappes has not completed the rental license process for 2004 and discussing the matter with him, he has indicated that he will not be requesting a rental license. Therefore, Weyrens recommended the Commission discontinue the Interim Use Permit for Kappes. Graeve made a motion to discontinue the Interim Use Permit for Brandon Kappes. The motion was seconded by Kalinowski and passed unanimously. Rassier made a motion to continue the Interim Use Permits for Kalkman, Bader, Odegard and Shields as recommended. The motion was seconded by Lesnick and passed unanimously. Bliss Direct Media - Development Plan: Weyrens reported that Bliss Media has submitted a site plan for the construction of a 17,034 square foot production facility. The plans have been submitted to City Staff for review. The EDA has reviewed the site plan for covenant compliance and based on the revised plans, the EDA is recommending approval. Draft August 8, 2005 Page 2 of 3 Joe Leach, owner of Bliss Marketing approached the Commission to answer questions. Kalinowski questioned how he came up with the name Bliss Marketing. Leach stated that it was an inspirational name that came to him when deciding to start his own business. The Planning Commission reviewed the recommendations of the City Building Official, Ron Wasmond. Wa&mond recommended the Council approve the site plan contingent upon submittal of the following: 1 . Foundation details 2. Install decorative wainscoting material on the West and North sides of the building. 3. Provide a lock box before the Certificate of Occupancy is issued. 4. Provide sign details. 5. Pr-ovide lighting details 6. Provide complete building, plumbing, heating and civil plans for review and approval for building permit issuance. 7. Provide a complete statement concerning the specific nature of the use of the property in compliance with Ordinance Section 52.33 Subd. 9(d) 8. Provide the requested documents to the City Engineer. Mark Lenz, MLA Architects approached the Commission. He stated that he has no questions on Wasmund's recommendations; however they were showing wainscoting only on the North, South, and East sides of the building. This would cover 30% of the building. Tl:le West side of the building is going to be where future expansion would take place. Lenz also stated that the existing tree line would be maintained until future expansion and trees will be added along CR 133. According to Lenz, they failed to show the foundation on the site plan, but he assured the commissioners that there will be a foundation rather than a slab. Lenz did question the necessity of the need for concrete curbs. He stated that he is researching this to find the Ordinance that requires them. According to Weyrens it is part of the Parking Lot Standards. Rassier clarified that the loading dock area will consist of class 2 materials whereas the parking lot area will be bituminous surface. Lenz also stated that they are aware of the City Engineer comments as well. They have passed them on to their civil engineer and he will follow up on them. The Engineering comments are as follows: 1. Pond shall meet adopted city standards. Provide riprap at outlet to pond. Provide erosion control blanket on pond slopes. NPDES Storm Water Permit is required for construction sites greater than 1 acre. 2. See attached detail for driveway apron. 3. Contact City of S1. Joseph Public Works prior to connection to water or sewer. Utsch questioned the landscaping around the building. After much discussion about the trees and landscaping, they advised the Commissioners that they plan to plant trees behind the loading dock. The Commissioners also requested that they add some trees to the North side of the building from the back of the building to the edge of the tree line. They agreed to do so and based on the discussions, the trees will be spaced similarly to those being planted along CR133. Graeve asked Leach to give a brief description of what the company does and what they will bring to the community. Leach stated that they are a direct mail production facility. They coordinate the printing and then they do the mailing and production internally. They currently have 11 employees. He stated that he lowest paying job pays $9.00/hour with many positions paying in the middle teens. According to Leach, they anticipate 3 new employees in the next 60 days. He also stated that they do not use any chemicals in their business, rather they operate using laser printers. Utsch questioned Leach as to their plans for the future of Outlot A. Leach stated that they are unsure at this point; however they may sell it or use that area for future expansion. Deutz stated that he would like to see minutes from the previous EDA meeting in regards to Bliss Media. He also stated that he would like the plans to show exactly where the tar will end and the class 2 will begin. Draft August 8, 2005 Page 3 of 3 Rassier made a motion to recommend the Council authorize the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and Secured Earnings and Warranty LLC to construct a 17,034 square foot production facility contingent upon the following: 1. Fulfilling the requirements of the Building Official 2. Fulfilling the requirements of the City Engineer 3. Add trees along the North side of the building spacing the trees 35' apart. 4. Submitting a plan showing where the bituminous will end. The motion was seconded by Kalinowski and passed unanimously. Minnesota Home Improvements: The Planning Commission received information regarding a Special Use Permit issued to Minnesota Home Improvement~ The Special Use Permit was issued in 2003 and allowed for the sale of trailers. The Permit was issued contingent that the parking area be paved and the property meet the Ordinance requirements of the B-2 Zoning District. Ordinance compliance did not occur, therefore, a notice of termination was sent to the property owner. Adiourn: Loso made a motion to adjourn; seconded by Lesnick and passed unanimously. Judy Weyrens Administrator Administrator Judy Weyrens Mayor Richard Carlbom Councilors AI Rassier Ross Rieke Renee Symanietz Dale Wick www.cityofstjoseph.com CITY OF ST. JOSEPH Public Hearing City of St. Joseph The Planning Commission for the City of St. Joseph will be conducting a public hearing on Monday, September 12, 2005 at 7:00 PM. The purpose of the hearing is to consider issuance of a special use permit to allow a rental unit in a 61 Zoning District. The property is legally described as follows: Tract A: The North ninety-nine (99) feet of Lot Seven (7), Except the East Six (6) feet thereof in Block Nine (9), ORIGINAL TOWN OF ST. JOSEPH, County of Stearns, Minnesota. Tract B: The East Ten (10) feet of Lot Seven (7), and all of Lot Eight (8) less and except the East Two (2) feet thereof of Block Nine (9), ORIGINAL TOWN OF ST. JOSEPH, County of Stearns, Minnesota. St. Joseph Code of Ordinances 52.30 Subd. 3(f) includes the following use: Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at least 50% of the interior square footage (exclusive of the 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. Percheron Properties, 400 Meyer Avenue, Albany MN 56307 has submitted the request for Special Use. Judy Weyrens Administrator Publish: September 2,2005 September 9,2005 Note: State Law requires mailed notice to all property owners within 350' of a variance, special use, or rezoning request. Perch ron Properties 2.1" CoUege Avenue North, PO Box 668 . Saint. loseph, Minnesota 1"6,74 Phone "2.0..,6,,.72.01 Fax ,2.0..,6,.0,42. I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Special Use Permit - Percheron Properties DATE: September 12,2005 AGENDA ITEM Public Hearing - Special Use Permit, Percheron Properties. Mixed Density PREVIOUS ACTION RECOMMENDED PLANNING COMMISSION ACTION COMMENTS/RECOMMENDATIONS Percheron Properties has purchased the former Linneman Building and is proposing to remodel the lower level for business suites and the upper levels for rental. The lower level is currently used for business purposes, but they re-configuring the space to create to large office suites and remove some the existing bathroom facilities. The lower level contained approx. 7 bathrooms. The remodeling allows for more efficient use of space. With regard to the upper level and the rental unit. The City records indicate that the upper level was never licensed as a rental unit. A public hearing was conducted in 2002 for the special use and Dehler never followed through. Therefore, the property was not used as rental unit. Ifrenters were living their, it was an unlicensed unit. The upper level prior to the purchase was used by Jean Dehler as her residence. Percheron Properties is not requesting site plan approval at this meeting. They are only requesting a Special use permit to allow the mixed use of General Business and Rental. As you can see from their narrative, the use meets the requirements with 59% of the use business. The only outstanding issue is whether or not the parking lot must be improved. I have attached for your convenience a copy of the parking lot Ordinance. As staff we came to the conclusion that the use has changed (adding rental) and a building permit is being required to remodel the space. Those two combined trigger the need to pave the parking lot. We have told the owner representative that he can ask for clarification from the Planning Commission on this matter. ORDINANCE 52 - ZONING ORDINANCE n) Retail sales and service business with fifty (50) percent of gross floor area devoted to storage. warehouses and/or industry. One (1) space for each three hundred (300) square feet devoted to public sales and/or service plus one (1) space for each one thousand (1,000) square feet of storage area or one (1) space for each employee on the maximum shift which is appropriate. 0) Restaurants and cafes. At least one (1) space for each four (4) seats used by patrons, plus one (1) space for each employee on the maximum shift. p) Private clubs serving food and/or drinks. bars. taverns. nightclubs. At least one (1) space for each fifty (50) square feet of gross floor area. q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. r) Manufacturing. fabricating or processing of a product or material. warehouse. storage. handling or bulk goods. post offices. At least eight (8) spaces, plus one (1) space for each two (2) employees on each shift based on maximum planned employment or at a minimum one (1) space for each five hundred (500) square feet of floor area. s) Car wash. (In addition to required stacking space.) 1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking purposes plus one (1) space for each employee on the maximum shift. 2. Self-service. Three (3) spaces per bay for stacking purposes, plus a minimum of two (2) additional spaces. Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are permitted or required such off-street parking shall be constructed and maintained subject to the following regulations: a) These standards shall not be applicable to parking provided for single family or two family residences, public parks or other publicly owned property. Parking lot standards for industrial uses may be subject to variance or modification by the conditional use permit for the specific industrial use. In considering a request for variance or modification, the City shall consider the location of the property, size of the parking area, use of the parking area, adjacent property uses and the impact on the general well being of the community. Alternative surfaces which may be permitted in an industrial area are limited to Class 2 crushed granite which conforms to the requirements ofMN/DOT specification 3138 with visual evidence of further consolidation. 52.10-4 pt ORDINANCE 52 - ZONING ORDINANCE b) Parking lots existing on or before January 1, 1996, do not have to be brought into compliance with these standards until such time as any of the following events occur. (a) a new structure is constructed on the property served by the parking lot; (b) an addition is constructed to any existing structure located on the property served by the parking lot; (c) A change in use of the property served by the parking lot occurs which results in a remodeling of the structure requiring the issuance of a building permit. c) Adequate ingress and egress shall be provided. d) Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit or vanance. e) Whenever such parking lot boundary adjoins property zoned for residential use, a setback of fifteen (15) feet from said lot line shall be required, and maintained. f) Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. g) Plans for the construction of any such parking lot must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. h) No sign shall be so located as to restrict the sight, orderly operation and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall not be considered part of the permitted advertising space and shall be subject to signage regulations. i) All parking lots shall be screened and landscaped from abutting residential uses or districts by a wall, fence or densely-planted compact hedge or tree cover not less than four (4) feet nor more than eight (8) feet in height. j) Except in the case of single-family, two-family, and townhouse developments, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing onto the public street. k) Except in the cases of single-family, two-family and townhouse developments, parking lot dimensions are set forth in the table below. Circulation patterns shall 52.10-5 ORDINANCE 52 - ZONING ORDINANCE allow adequate room for emergency vehicles. Angle and Standard Depth Depth to Aisle Wall/wall Interlock traffic flow stall width to wall interlock width module Module 90 del! 2-way 9' 17.5' 17.5' 26' 61' 61.0 60 del! 2-way 9' 18.0' 16.5' 26' 62' 59.0 75 del! I-way 9' 18.5' 17.5' 22' 59' 57.0 60 del! I-way 9' 18.0' 16.5' 18' 54' 51.0 Special designs will be considered for unique situations, and are subject to approval of the City Engineer. Handicap stalls shall be provided in accordance with current ADA requirements. Where bumpers overhang sidewalks, allow 2.5 feet of clearance for the overhang before considering useable sidewalk width. 1) Drainal!e and Surfacinl!. Driveways shall not exceed a grade of six (6) percent and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. m) Striping. All lots for five (5) or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. n) Circulation. Lots shall be so designed that internal circulation shall be available without utilizing the public street. 0) Maintenance. It shall be the responsibility of the lessee and/or owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking area, striping, landscaping and screening. p) Lightinl!. All lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. Subd. 6: Required Loadinl! Berths. In connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square feet or more, there shall be off-street loading provided on the basis of the following: Gross Floor Area square feet 5,000 to 16,000 16,000 to 40,000 40,000 to 70,000 70,000 to 100,000 each additional 40,000 Minimum required loadinl! berths 1 2 3 4 1 additional 52.10-6 Inspectran, Inc. Memo To: JudyWeyrens City Administrator From: Ron Wasmund, Building Official CC: Date: 9/9/2005 Re: Percheron Properties, 31 Minnesota Street West Special Use Permit Proposal Percheron Properties LLC, 400 Meyer Ave. Albany MN has purchased the property at 31 Minnesota Street West. They are proposing to create seven (7) individual rental offices on the main level and 2 multiple residential dwelling units with a total of 10 tenants on the second and third levels. Percheron Properties is applying for a Special Use Permit to allow the mixed use of the property as required in Ordinance Section 52.30 Subd. 3 (t). Backqround The existing three story wood framed building was previously owned and remodeled to its current configuration by Dehler and Linnerman. The special use permit was applied for by the former owners but never followed through. In recent years, a medical billing office has occupied the first floor. The dwelling units on the upper levels have been owner occupied as a single unit. The dwelling units have never been used as rental units. The main level has several small offices and multiple restroom facilities. The second floor contains one three bedroom rental unit and the kitchen, living room and bathroom for the second rental unit. The third level contains two large dormitory style bedrooms. Ingress and egress is provided to the second and third floors by internal stairways and wooden exterior stairways. Currently parking is located on the north side of the building. The gravel lot and four-stall garage provide 27 parking spaces. The property is located in the B-1 Central Business District. The use is listed as a Special Use in the B- 1 District. Findinqs The mixed use of business/professional offices and multiple residential dwelling units requires a special use permit. To qualify for a Special Use Permit at least 50% of the interior square footage (exclusive of basement or cellar) must be used full time for a permitted use, and said permitted use and residential uses must not be conflicting. The plans are not dimensioned or detailed with the square footages of the residential . Page 1 areas so the floor area ratio cannot be calculated. The applicant however states that the permitted use is 59% of the total floor area of the building. The ordinance states the permitted use must be full time, implying thatthe commercial use must be occupied before the rental units are permitted. The area consisting of multiple dwelling units must comply with the lot area requirements of Ordinance Section 52.29 Subd. 5 and 6. Applying the lot area requirements and schedule of allowances for two units with five bedrooms, the minimum lot area of 12,000 square feet is required. The existing lot area of 20,307.42 SF complies. 12,000 square feet of lot is the minimum required. One two-bedroom unit is allowed for each 3500 square feet. One three-bedroom unit is allowed for each 4000 square feet A deduction of 300 square feet is allowed for the commercial zoning The lot area requirements of Ordinance Section 52.29, Subd. 5 and 6 are met. Ordinance section 52.10 subd 2 requires off street parking facilities for the storage of motor vehicles for the use of occupants, employees and patrons of building or structures hereafter erected, altered or extended after adoption of the ordinance comply with Ordinance 52.10 Off -street Parking. Multi family dwellings are required to have 4 spaces for a three-bedroom unit and 1.25 spaces for each additional bedroom per unit. Bedrooms greater than 140 SF of floor area are considered two bedrooms for computing the required parking. The two bedrooms on the third floor both measure more than 140 SF. 4 bedrooms = 5,25 spaces 3 bedrooms = 4 soaces 10 Spaces required for rentals Office use requires one parking space for every 250SF of floor area. First floor contains 3225 SF of floor area. 3225/250 = 13 spaces Twenty-three parking spaces are required for the proposed use. Twenty-three spaces are shown on the site plan; in addition, the detached accessory building may contain as many as four spaces. The parking as shown requires six spaces to back into a public alley for circulation. Ordinance Section 52.10 Subd. 5 (j ) states Except in the case of single family, two family, and townhouse developments, parking areas shall be designed so that circulation between parking isles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing into the public street. The lot has sufficient area to redesign the parking layout and accommodate the required parking without backing into the alley. Ordinance Section 52.10 Subd. 5 (b) States Parking lots existing on or before January 1, 1996 do not have to be brought into compliance with these standards (52.10 Subd. 5) until such time as anyone of the following events occur, 9(a) a new structure is constructed on the property served by the parking lot; (b) an addition is constructed to any existing structure located on the property served by the parking lot; (C) A change in use of the property served by the parking lot occurs which results in a remodeling . Page 2 of the structure requiring the issuance of a building permit. The changes in the use of the first floor commercial office space and from owner occupied to rental on the second and third floor will trigger the paving of the parking lot as required in Ordinance Section 52.10 Subd. 5 (d). All parking stalls must be striped in conformance with Ordinance section 52.10 Subd.3 (f) and 52.10 Subd.5(m) The building complies with height and lot coverage requirements of Ordinance Section 52.30 Subd (6) and (8). Ordinance Section 52.30 Subd. 7 (a) states that before issuance of a building permit, all buildings being constructed in the Central Business District must have a landscape plan approved by the Planning Commission. No landscape plan has been submitted for review. Ordinance Section 52.30 Subd. 7 (b) states that before 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. The exterior is required to undergo a renovation and repair to eliminate the bad siding condition. The applicant has been working with the Downtown Committee on building finishes however no design has been submitted for review. The exterior stairway on the west side of the building from the second floor is attached to the adjacent building which is under separate ownership. This is a violation of the building code. A redesign of the stairway is required to eliminate the attachment. A lock box must be installed on the building in compliance with Ordinance section 52.31 subd 8(i) before final inspection. Complete building plans must be submitted for review and approval before building permit issuance. No signage plan was submitted for review. Insufficient plan details were provided to enable engineering review. Recommendations Staff recommends approval of the Special Use Permit conditioned on submittal and approval of the following items before execution of the Special Use Permit: 1. The business/professional offices be created and occupied before rental of the dwelling units. 2. The parking lot is paved and designated parking spaces are striped. 3. The parking lot is redesigned to eliminate the need to back out of parking spaces into the public alley. 4. Submit for approval a landscape plan with the landscape to be installed before a Certificate of Occupancy is issued. 5. Submit an exterior finish design for Planning Commission approval. 6. Submit a redesign of the stairway eliminating the attachment to the adjacent building. 7. Provide plans and details for all site signage before erecting. . Page 3 8. Provide complete building construction plans for building permit approval. 9. Provide a lock box on the building exterior before final inspection of building. Ordinance Section 52.31 Subd 8 (i) 10. Provide a drainage plan for engineering review. . Page 4 APPLICATION FOR SP'ECIAL USE PERMIT CITY OF ST. JOSEPH 25 College Avenue NW P. O. Box 668 St. Joseph, MN 56374 (320)363-7201 or Fax (320)363-0342 Fee $ Paid Receipt # Date - STATE OF MINNESOTA) )ss COUNTY OF STEARNS) NAME: ?~/Z...Grt-2'J20,A.l. fr>-,-;,>='h;:n/ E..S I I #':_._ __ _..__ _..~ r' \..I,I.~ ~ h.-t..----t;,;.,.;,...-----.. ._-'--'_.' I . PH N . -.- / '7. --.Q...:,", B - ~ 7 C\ 3 - 0 E;v::;.rr~--7'1- -":>1 ;OO!:::. l<o-r:.eN 'WA-L..D ADDRESS: 400 M€I(e:1l. A-vG " ALEnt...)';', 'VlN , . 5 &?O 7 IN/e, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of Sl. Joseph, Steams ColJnty, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): 1, Application is hereby made for Special Use Permit to conduct the following: r'YlIY~O q 4;f; 'i2.Bbi DeND'~4- ~1~t},~~~~;i~(1~~;,.:1"" -1'--0 "'1n,~ ~'~,\:-i~:)<~.Jf..tf:- ;;; 1..- ~t~ g b 3- 1 TF tM F ~ \, 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any (attach additional sheet if necessary): "3 I M I'" rJt.i> son::, .(,If'ttl?:''e:-r' Iv AS"1". :P>thL:'rs" ,r).~ /...,..-r", i Ao-A.? ~ t:Ff' "t\...OLA"-. '1i .OI"L'0/11.H'Vl_ TO,,-,)I,; ()"f' S',; :)::'"o.s;e"pt+-. Ldry"'( ~7'(~ \. ~ P,"RC 4troO'r14'(l'j~~: ) ~ 20 / -:;a~~ S F. 1~ . 3, Present zoning of the above described property is: 1:;-l ct:::.!lrrlt-f.i1....- T?:'US""'1;fS, S. ....t:;;f S n2-\(,Jr~ 4. Name and address of the present owner of the above described property is: pe la.c\+i:rVl..o,", l1wOt:;"';'/I..,n2$.. LLc.. ,- 400 1"''\eye1t. Aile ," A-t..[?~"""r J(~1M .c;:b~a7 " I Ii j; 5. Is the proposed use compatible with present and future land uses of the area? Please explain: T}ir:.pft.OPPfi?i/) \,\ ;.e 1':;"- C,ol'-'.'>i51'i*"i( I"llt'rl 1'11'( f:;Mi'O,TJt./(:, L!!.f~ mJo 1'\.\'i',' C"MPiU;;I+t"'!-.'[.; vcr y:>vf4,,,"::~_ 6. Will the proposed use depreciate the area in which it is proposed? Please explain: Mo. {i is c..CIi\>5.. """"""1>'1' ~li ,';""'14' 11+;> B~/.s n N c:" \-.}f; 6 T Can the proposed use be accommodated with existing City service without overburdening the system? Explain: Yf.S n1'~ Ptr.,P>A':><,!il'-..... ".Hi.!., Fe;'~"'C>Lr2 -; E.f...'STIf0:;::. e.A-'n~n;..-oo"",,;; OyJ -f"'U-,:; tv, f':\ It--' ~ l.. ooi<:. , 8. Are local streets capable of handling traffic which is generated by the proposed use? Please explain: .'f c: (~~, f, "(' t ~ ("...,0 (0.... $. f. < }~,~~..lr"' lk1 t'7'~1'- 7'l'..t"4: . f:':;~' )!Lt!J I) {"..I("", U H1 c:~ p Attached to this application and made a part thereof are other material submission data requirements, as indicated. Owner Signature: ~~F- [~ Applicant Signature: Date: ~'ll' o~ K. 1\. 6$ Date: FOR OFFICE USE ONLY DATE SUBMITTED: DATE COMPLETE: DATE OF PUBLIC HEARING PUBLICATION DATE: Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action: Date ApplicantlProperty Owner notified of Planning Commission Action: City Council Action: _ Approved _ Disapproved Date of Action: Date ApplicanUProperty Owner notified of City Council Action: Special Use Permit - requested narative The existing DehlerILinnerman Building (31 MN Street) has been purchased by Percheron Properties, LLC. The new owners wish to continue the same Use for the building as the previous owner. The structure is in the B':'l, Central Business District. The current City Ordinance 52 for the B-1 District lists a Mixed-Use of residential and office as a Permitted Use with a Special Permit. The requirement of at least 50% of the interior square footage being used by a Permitted Use has been met. The total building square footage is 6,719 sf. The Residential Use square footage is 2,742 sf. Therefore, the Permitted Use is contained within 59% of the total building square footage. The Downtown Committee is currently looking at the exterior design for the front elevation. This construction will occur once the committee has determined a policy for exterior elevation in the downtown area. The remodeling of the second and third floors is being proposed at this time separate from the front elevation work. The rear exit stairs will be upgraded and structural footing will be added to the two South support posts. The upper two floors will contain two rental units both are existing, both will have minor remodeling. The North Unit has three existing bedrooms. The South Unit has it's main living area on the second floor with the bedroom sleeping areas on the third floor. The new owner wish to have a maximum often tenants in these two units. I ~~~ered I CITY OF ST. JOSEPH RENTAL HOUSING LICENSE APPlICATION-28SJ-280r Rental Address: " I ;J1\^ I ., '\" ~) <:::'..f' ? .' ." '..I,)',,'p '--' , S~. J c<s:cr- L J fJH~ TO BE COMPLETED BY PROPERTY OWNER/MANAGER PRIOR TO INSPECTION Owner Information Name: ~ If-' Pf20pef~lJie.5, LL(_ 1.;fi:C 1'c:.,P..oN ^' Address: 40.0 1\.1 e. ~/ r::: (I., A-ve J4'Ll}'fh,.J '-/ 1.-;rlAl 5"b 307 { . . Phone: Gc: LL (0 ! 2.""1 0,7'0 - '51 a '7 1~ot.>,.l:> f;oD.g AI W ,..,,(... D l';;> Manager Information SIv'\ 1 ,N\ co,,~,~+ : 'D b 21~~ (~, Name: bccl" - .,.--' , c: /0 v~ MtJ Address: ,:::::,1 -, I' " ) Phone: ">-2. 0 l 2S,\c;;, !lob TO BE COMPLETED BY RENTAL HOUSING INSPECTOR I"'lfl~ Number of Units Licensed .'"') Number of Bedrooms Per Unit ~) / Number of Kitchens Per Unit -7 l Number of Bathrooms Per Unit .-. t ! I() Number of Tenants ~'it ..---r- ~0 . ! '- il I ' \ Owner/Manager ~-tl,()')- Date Rental Housing Inspector Date Unit # Occu ants Unit:#. 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D "- lU --., lfi :;:: ()~ ()IL ll!\l) D- lU!!:: lfi~ ~ ~ -.0 n - 0 lU lfi r :r: l- ll! ()t:: ZZ ~::J ~~ I-~ illz XlU lUll! ~ ~~ ~\l) ill 1:= xx lUlU :r: 5 ()l= \l)Z ~::J z~ ~~ xlU lUll! c:v: () ~ lL D z () \J ID \S) D ID \S) i2 () ~ (L (f) l- \,fl >( IU IU~ ~~ ~~ l-1U~ \,fll- >(4'...... IU III ~ ~1.!)1U1.!) a~~fl ::;:::l-o-\.) 1U~1U1U 1ll<:IllC:l ::;::: g~ Q!IL c.m IUU) rfid) l-'<t IL~ ~ ~ ~ z Q I::: l- .~ ----y- ~ () (~ ~ LL z D C:I ~ I: t- D \-\ lU (() ::;::: \S) a a~ 2 llllL C:I\l) IUd) rfiN () t~ ~ ~ (L I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Midnight Haulers - Request for Relief from Curbing DATE: September 12,2005 AGENDA ITEM Midnight Haulers - Request for Relief from Curbing PREVIOUS ACTION The Planning Commission in June considered the request of Midnight Haulers to construct an expansion to their existing facility (the former Vic West Site). At that meeting they agreed to curb the perimeter of the parking and driving areas. Please see attached minutes RECOMMENDED PLANNING COMMISSION ACTION COMMENTS/RECOMMENDATIONS The property owner has requested relief from the Building Inspector and myself on that requirement. Once a plan is approved we do not have authority to change the site plan. Therefore, we have asked them to come back to the Planning Commission and request relief. 09/08/2005 15:41 3203638224 MIDNIGHTHAULERS PAGE 01 MIDNIGHT HAULERS,INC. FACSIMILE TR.ANSMITTAL SHEET TO: Judy COMPAt."Y: City of St. Joseph FAX NUMBER: (320) 363-0342 F'ROM: Jenoifet IJ ^ 'rE: 9/8/2005 TOTAL NO. 01" PAG17.8 INCUJDrNG r.:OVF.R, 3 l'HClNti NtJMBI".R.: RE: D URGRNT D FOR REVmW D PLEAS~ COMM~N'r 0 PLEASE REPLY [J J'LF..ASR RRCYCT.R NOT!:l.S/COMMEN'I'S: lbe rro.p O\toO\ed \s ~~ OD\\..\ \'fO.9 1- COU\c\ ~\\'\.c). -t~C1-\ WO~ 5mo.\\ €.nou~Y\ m ~Cll... \ ~\9Cl~ \-et ~ ~Y\tuJ \ ~ lj CJ-\ V\.2JL6. (} '() \ f+trent O'ULtt "28 19TI< AV~NUH Nt-:, ~'J'. JOSPEH. MN 56374 t'HONF.(20) ~6~.il:\:\2 F"X (320) 363-8224 09/08/2005 15:41 3203538224 MIDNIGHTHAULERS PAGE 02 September 8, 2005 MidnigJ1t Haulersj Inc. 828 19th Avenue NE St. Joseph, :MN 56374 City of St. Joseph 25 College Avenue N. St. Joseph., MN 56374 To Whom It May Concern: For the meeting scheduled on Monday, September 12, I would like to ask for lenience on the: north side of my facility for c:utbing. Sincerely, David Potier Owner ___L__ _ _ !.!.:~~C-J I ~"S . r Cli'-P'G-I:~S';;r"'"'~-''' l .,1.tf" I I I I I I I ~ , ~ 'J I [I ~ r I I u_ ""-'r - , J I I \ I. '/ I ' I ~/ /' ~ / I /' f/ / I /~00 /3 " / I ../~,>-~,/ i/ , /C-o,/ /' " l,/c.,~\ (/ / q, ft..... / i / /. f' / ~/ / ../ / /' / ..,,1./ ",4 /' /,~... /' ./ """e/ ./ / /' ~.:~ ./' . '\; ;6\::/ / ,....r:...: . ,,- / : /' 1./ / V /'1 09/08/2005 15:41 3203638224 '::JY or~ W t'OL Yfit:! ,;9" . .... ...... r-- ~7:WfJa, ;''1 ~- ~. ;," v~ ----------------- -.(' .. ;;. -ell' "ntS . ... !:~'ttc: ....1' ..... '''.,. D'~ = ---- . e --- erot ... c5 - ... nr~~ !X17e .0 o ..j;> D"or --- .. g ---- ~ .. ~- :: ~t ~ ... , O'OS~ ,J.. '! ~'9-' " \i" hgbl C"'''I'1d . ~l> ~('lU.~'13 :1 0'9& MIDNIGHTHAULERS 1 I I ~.. en ~ ~ ....., ... ... ~ .. ../ -aUllWnllO/U UOlJ $'~0tJS(J J.i1iJ HI 31Y:JS I oar OO<l j ,- 001 S' ;) A\ 3<. WnaN:iGlIY V N Q ...~ o PAGE 03 -' .,. I.....J.. ,. Page 1 of3 Midnight Haulers - Development Plan Request: Jerry Hettwer ofHettwer Reality Services approached the Commission on behalf of Midnight Haulers. Hettwer stated that Midnight Haulers is proposing to construct a 21,000 sq. ft. warehouse addition to their existing warehouse building. Hettwer stated that the property owner Don Harvey along with tenat Dave Potter are available the Commission has any questions for them. Hettwer clarified that Midnight Haulers has occupied the former Vie West Steel site and is located on the comer of 19th Avenue NE and CR 133. Currently, the warehouse is 43,064 sq. ft. with an additional 4,1045 square feet in office space. The proposed addition will create a facility with 68,895 sq. ft. The warehouse sits on 6.39 acres ofland and sewer and water have recently been installed. Extract of Minutes - Planning Commission Midnight Haulers Weyrens stated that the Development Plan has many outstanding issues and if the Planning Commission desires they can review each of the comments at this meeting or table action until a revised site plan can be submitted. The Commission agreed to review the items at this meeting and started with the comments of the Building Official. Building official comments: 1. A six-foot high chain link fence is shown around the perimeter of the truck parking area and circulation route along the east side of the building. The fence appears to be placed on the right of way line along Co. RD 133. Verify County setback requirements for fence along right of way. Hettwer stated that fence has been placed according to City Ordinance. Weyrens responded that since the abutting road is a County Road, the Council setbacks would apply. 2. Off Street Parking Requirements: 1 space/ 500 sq. ft. floor area 8 spaces plus 1 space for each 2 employees on each shift - submit total planned employee count. Due to the size of the building, they are required to have 27 parking spaces; however, they have proposed 36 spaces. 3. Loading berths are required based upon the following tabular schedule of gross floor area of warehouse. While there appears to be loading berths provided, there are no specific details. The total number required has been estimated and is subject to change when more detail is provided. 5,000-16,000 s.f. - One berth; 16,000-40,000 s.f. - Two berths; 40,000-70,000 s.f. - Three berths 70,000-1,000,000 s.f. - Four berths; Berths must be at least 50' x 10'; Three Compliant loading berths must be provided. Code requires that they have three docks, however with the two additional above ground docks that they are building, they will have six total. 4. Parking standards, SAC and WAC, etc are based upon gross S.F. of building. Please verify and submit accurate building dimensions. For Review. Hettwer clarified the square footage as follows: Previous Office 4,045 sq fl New 4,045 sq fl ~&~ ~~~ ~lli~ 5. A lock box will be required to be installed on the new building prior to issuance of the certificate of occupancy. Hettwer stated that they are okay with installing a lock box. 6. The side yard setback adjacent to roadway shall be landscaped in accordance with protective covenants and such reasonable requirements as established by the Planning Commission. 52.33 subd 6 (c). Provide landscaping details for setback along County Road 133. Hettwer and Potter stated that they intend to put 1 tree every 35' along 19th Avenue except where the sign will be placed. The same landscaping will be installed along County Road 133. Utsch stated that they should consider placing shrubbery around the sign and along the parking lot rather than trees. The Planning Commissioners suggested that they ask Scenic Specialties to help with the landscape design. 7. The parking lot in the SW comer encroaches into required front yard set back. Such encroachment is not permitted. 52.33 subd. 6(b). Redesign parking to comply with required 30' setback from property line. Hettwer stated that they will work with the required 30' setback. He stated that it will be tight, but all 36 parking spaces should fit. The area will be reconfigured with new illustrations. 8. The parking lot on the north end of the building encroaches into the required 25' side yard setback. Modify parking to comply with setback requirements. Hettwer stated that the parking lot will be moved 15'. Extract of Minutes - Planning Commission Midnight Haulers Page 2 of3 9. Dry wells are considered as Class V injection wells by MPCA. Class V injection wells are prohibited. The dry well shown on the south side of the building must be eliminated. Hettwer advised the Council that the dry wells will be closed up and they will put dumpsters there instead. 10. Provide details of proposed sign for compliance review. Potter stated that they don't have a drawing of the sign right now, but it will be compliant with the Ordinance for signs. He plans to have a wolf and the letteringfor the sign made out of aluminum. They will also have some landscaping around the sign. 11. Provide details of how lawn areas shown on east side of the building are sustainable. They will remove the lawn areas. 12. Existing unpermitted above ground fuel storage tank must be brought into compliance with building and fIre codes for spill containment and setbacks from the building. Hettwer stated that the fuel storage tank will be removed from the site. 13. All parking and circulation isles, including existing surfaces must be equipped with B6-12 curb and gutter. According to Hettwer, they will work with Engineering and comply. Engineering comments: 1. Class 2 parking area (for semi truck/trailer) in NE comer of site may require a variance from bituminous surface requirement and curb and gutter requirement of Ordinance 52.10 Off Street Parking, Subd. 5 Parking Lot Standards (parking lot standards for industrial uses may be subject to variance or modifIcation by the conditional use permit for the specifIc industrial use). Hettwer stated that they were thinking of putting in class 2 because of the trucks. The Planning Commission requested that curb and gutter be placed along the edges by the parking area to control weeds. 2. Provide curb and gutter around proposed bituminous parking lot in SW comer of site. Provide curb and gutter at driveway entrances. Maximum entrance width to be 36 feet per City Engineering standards. According to Hettwer, they do no intend to use this entrance; however they do want to keep it for future use. They will change the entrance to be 36' wide rather than 50' as it is currently. 3. Provide site plan showing drainage patterns and elevations for parking lot, access road, etc. Show how surface water will be collected and routed to ponding area or storm sewer system. Ordinance 52.18 indicates the drainage plan should include surface water runoff flow direction (arrows showing drainage patterns and run-off rate) and show how water will be conveyed from the site and how surface water will be conveyed to storm sewer or ponding areas. The proposed size, alignment and intended use of any structures to be erected on the site shall be included in the site plan. 4. Runoff discharge may not exceed the capacity of the downstream storm sewer system. Parking lots and lawn areas may be used for temporary storage during the lOO-year storm event. There must be a 2-foot elevation difference between the high water level and the lowest structure opening. The site plan will need to show the drainage arrows. 5. Note number 8 on the site plan indicates the SWCD shall be contacted once facilities are installed and before site grading. The SWCD does not have jurisdiction for this site. 6. Iflawn area indicated on the site plan is to be newly seeded lawn, the site fence shall also be installed behind the curb along the newly seeded lawn area. They will extend the sittfence to the south. 7. Correct existing drainage problems at the north entrance. (i.e. ponding is occurring at the existing north entrance). This was already discussed. 8. Describe/show how surface water runoff from north class 2 parking area will be managed to minimize erosion potential from the parking area into the ponding area to the west. Collect runoff from parking lot area in culvert or catch basin before routing to pond (i.e. do not sheet flow parking area into pond). Ekola Page 3 on advised Hettwer that they should construct a swayle down the east/west center of the parking lot with a catch basin area. Extract of Minutes- Planning Commission Midnight Haulers 9. Topsoil stockpile noted on the site plan to be temporary (during construction) only? Hettwer stated that it would only be temporary. 10. The proposed bituminous parking area encroaches into the drainage and utility easement. Parking lots are not a permitted use/structure in easement areas. Ekola stated that the City recently authorized the EastIW est Corridor. As a result, there may be a shift of County Road 133. If the new road would encroach upon their property, they would be compensated. Graeve questioned the origination of the name of the company. Potter stated that they are available to serve their customers at all hours of the day. Lesnick made a motion to recommend the City Council authorize the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and Midnight Haulers for the construction of a 21,000 square foot building addition. Approval is contingent upon re-submittal of a revised site plan. The motion was seconded by Deutz and passed unanimously. Deutz stepped down. 8t. Joseph Industrial Park East: Weyrens presented the Planning Commission with a plat entitled 8t. Joseph Industrial Park Plat 3, which is located in 8t. Joseph Township. In 2004 the City and Township modified the process for reviewing plats in the Orderly Annexation Area. It was agreed that the City and Township Engineer would review plans jointly and the comments would be forwarded to the Planning Commission for consideration. City Engineer Ekola stated that she has reviewed the plat and submitted her comments for review. The only outstanding issue is the location of easements. Concern has been expressed regarding release of easements when a property owner purchases two lots. Townships do not have the authority that Municipalities do with regard to releasing easements. If an easement is released in the Township it must be completed through district court and is costly. The City is proposing that instead of recording individual sideyard easements, a provision be included in the site permit that requires execution of the necessary sideyard easements. This would prevent un-necessary easements. Kalinowski made a motion to accept the comments of the City Engineer and recommend the Stearns County Platting committee adopt the recommendations and approve the plat entitled St. Joseph Industrial Pak East 3. The motion was seconded by Rassier and passed unanimously. Inspectran, Inc. Memo To: Judy Weyrens City Administrator From: Ron Wasmund, Building Official cc: Date: September 8, 2005 Re: Midnight Haulers Curb Release Request Midnight Haulers is seeking release of the requirement of Ordinance Section 52.34 Subd. 9 (m) which states Concrete curb to 8-612 specifications shall be used for all automobile stops and for all drive and parking areas. In my initial review of the their site plan I commented that All parking and circulation isles, including existing surfaces must be equipped with 86-12 curb and gutter. At the time of this memo, I cannot find the specific ordinance section to support my comment. There are two actions that may be requested by Midnight Haulers: 1. They may appeal my interpretation of the ordinance and request the Planning Commission acting as the Board of Adjustments make a determination whether my interpretation is correct. If they find I made an error in interpretation they may relieve the specific requirement. This action requires administrative procedures outlined in Ordinance Section 52.07 subd. 1 2. They may ask for a variance from the ordinance requirement and show findings consistent with ordinance as to why the variance is warranted. This action requires administrative procedures outlined in Ordinance Section 52.07 subd. 2 Both of these requests are formal actions. I would hope that the Planning Commission would follow the prescribed procedures and not allow an informal presentation resulting in decision that is not clearly documented or inconsistent with Ordinance procedures. It is my observation and opinion that the curb is required to delineate the circulation isles for protection of adjacent properties and to correct drainage patterns to ensure that surface water is directed to the storm water system rather than ponding in required setback areas. . Page 1 I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Lumber One - Concept Plan DATE: September 12,2005 AGENDA ITEM Lumber One Concept Plan PREVIOUS ACTION RECOMMENDED PLANNING COMMISSION ACTION COMMENTS/RECOMMENDATIONS District 742 has been working with Lumber One to purchase property for a K-8 School. The property is located on CR 121 and abuts Arcon Development. The property is currently located in St. Joseph Township. Lumber One is requesting concept approval to locate the school and a mix ofR3 and R4. The school will utilize 75 acres of approximately 102 total acres. Before this property can be developed a rezoning hearing must occur. At this time the Planning Commission is only being asked if they approve the concept plan for the 102 Acres. 1 \ IJ 0 . I \I' t.. V V V I' V, n IVl tIJ Z o ffi ~ ~ ~ ~ z :s ~ ~ fis u z o u n ., r r (I . n.1 LUIIILlLI, VIIL, /"IV V11 1 /'Iv' !j I; ~I! !; & !tii Ii ~J IIi.. ii' - "& JIl if! J!Il' j ': ~iJ' J.II . If'.1 Ill! e II 'II 'I.h I 11 ~1;J if~l.f il-! dll!Ug~ i .. II .'e i.L, "jJ;lii 11 V . 1 I iJ L r, U L ~dZI:9 '8 ~V aW!l pa^!aoa~ ~'~69 :3 .ot.~~.Q() S . I , I-.--"-'l ri v I . , I: I ~I , ~ ~ '" t ., I ~ ,,- I I / ~ I z LL1:j/-', . ! . - -,- -........,..... - I 'I I I~_. -. !i..~ - !~\. i :t 1 1 ~~\ I ,I I I : , r-,,;""\"r--7-, 1'~. I I . I .. I I I , I ~ !: ID. "i" / !! i ~I-_~~,--~ - -.-:-\ \! tit :. : I :!. l C . I .. \ , I J - I ... , I ! I ; ---i.~~--- ~ ~ ~ G) ~ : ~ o . .,. ~ ~ g ~ s II) 'Z ~ e ol:! .& ~ 01 ~~ '< ~.s' w --(t. '*" w ~... _C! . 0 <:I'll) ....'" lB ~ i: Vl ~ :: :z: IO'ElSS /1\ ..ot.~.oo N g ~ Ill"" ~~ ts u 9 ~ .. D ....... ...... i '" = '0 ~ ~ Lll"'OC~~ M .o~.z~.~o N I II a ~ ~ B~ c=f f .... N) "" ~ ,... ~ "<0 .. OJ .... i& ID Ih '" ,1\ 1\ . r r 1\ 1\ 7 '1\ I ,9 n u 9/8/200 NAME SEH Data View ADDRESS PIN MOLITOR, WILLIAM J & MARY J 20832000 'I / I ,'-i.' Vv 1/ f '7-"";:1 ~: . - -~ '--' ,r /-1-) -/ '._~, -fo ! c, f District Fourteen Location District Fourteen includes all of the identified joint annexation area within the southeast quadrant of the City. The boundaries of this district are to the north 295th Street, to the east 88th Avenue adjacent to the boundary of the joint annexation area, to the south the Sauk River and to the west CSAH 121. Existinq Uses/Features Existing land uses within this district are primarily low density residential and agricultural. Recom mendations 1 . Recommended future land uses within District Fourteen include: a. Single-family and/or mixed density residential development within areas contiguous to existing urban locations. b. Park/open space. c. Specialized recreational uses adjacent to the Sauk River (e.g. Canoe Park). d. Tiered higher intensity uses such as commercial and high density residential adjacent to CSAH 121 and the CSAH 121/138 intersection. ~ Implementation: City Council, Planning Commission, Park Board and City Administrator. 2. The City should consider implementing a frontage road system in areas expected to develop as commercial and/or high density residential adjacent to CSAH 121 and possibly adjacent to the CSAH 121 and the intersection of a collector street. . ~ Implementation: City Engineer, Planning Commission, City Council and City Administrator. 3. The City should work with MnDOT to determine the feasibility of constructing a full interchange with 1-94 at Jade Road or CSAH 138. If it is determined an interchange is feasible at either location, land use patterns adjacent to Jade Road or CSAH 138 should be adjusted accordingly to protect the future roadway corridor and land uses adjacent to them. ~ Implementation: City Engineer, Planning Commission, City Council, MnDOT and City Administrator. 4. Future residential development driveway access points directly onto CSAH 121 should be curtailed. ~ Implementation: City Engineer, Planning Commission, City Council and City Administrator. 5. Future pedestrian/bicycle trail constructions and linkages should be provided as a means of promoting alternative transportation methods. ~ Implementation: City Engineer, Park Superintendent, Park Board, Planning Commission, City Council and City Administrator. 6. The City should determine the location for a continuous southerly East/West collector which should be performed in the context of regional transportation planning which has been discussed in previous planning district recommendations. The City should immediately establish a fund for environmental study and right-of-way acquisition for the development of future roadway corridors. City of St. Joseph Comprehensive Plan, 2002 Chapter 4 Page 35 AGREEMENT CITY OF ST. JOSEPH, MINNESOTA AND INDEPENDENT SCHOOL DISTRICT 742RELATING TO THE DEVELOPMENT OF LAND FOR COMBINED SCHOOL AND PUBLIC USE THIS AGREEMENT is made and effective as of September _' 2005 by and between the City of St. Joseph, a Minnesota political subdivision, in this Agreement referred to as the "City" and the Independent School District 742 in this Agreement referred to as the "School District". RECITALS: WHEREAS the School District is constructing a new school facility on the property legally described in the attached Exhibit A. (hereinafter the "Property"); WHEREAS the City is willing to participate in the construction of the facility in exchange for the right to use the school facility free of charge; and WHEREAS the School District is willing to accept the terms of the City's participation; Now, therefore in consideration of this Agreement, the School District and City agree as follows: 1. Consideration. The City shall contribute $224,000.00 toward the construction of the property, the receipt of which is hereby acknowledged by the School District. 2. Use Agreement. The School District agrees that the City may use the school facility as follows: a. The City may use the facility as a polling place on an as-needed basis. b. The playground will be open to public use at all times when school is not in session. c. The School District shall open the gymnasium to the public one Saturday per month from 9:00 a.m. to 12:00 p.m. throughout the year. d. The School District agrees that the above uses will be free of charge to the City and to the public. 3. Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue to the benefit of the representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances. 4. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 5. Entire Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Real Property. There are no verbal agreements that change this Agreement and are not to be considered in interpreting this Agreement. 6. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 7. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws shall control its interpretation. 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. [signature page to follow] CITY: CITY OF ST. JOSEPH 2 (Seal) By Richard Carlbom, Its Mayor By Judy Weyrens, Its Clerk Administrator SCHOOL DISTRICT: INDEPENDENT SCHOOL DISTRICT 742 By Its STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of ,2005, before me, a notary public within and for said County, personally appeared Richard Carlbom and Judy Weyrens, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator/Clerk of the City of St. Joseph, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the municipal seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public 3 STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) , 2005, before me, a notary public within ,to me On this day of and for said County, personally appeared personally known, who, being by me duly sworn, did say that he/she is the of Independent School District 742, and that said instrument was signed and sealed on behalf of said school district by authority of its School Board and said person acknowledged said instrument to be the free act and deed of said school district. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Susan M. Dege - 0290385 Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 4 EXHIBT A LEGAL DESCRIPTION The Southwest Quarter of the Southwest Quarter of Section 14, Township 124 North, Range 29 West, Stearns County, Minnesota. AND The south 225.33 feet of the Northeast Quarter of the Southwest Quarter of Section 14, Township 124 North, Range 29 West, Stearns County Minnesota. AND The Southwest Quarter of the Southwest Quarter of Section 14, Township 124 North, Range 29 West, Stearns County, Minnesota, LESS AND EXCEPT the South 858.00 feet (52 rods) of the East 660.00 feet (40 rods) of the said Southeast Quarter of the Southwest Quarter. Containing 75.0 acres more or less. 5 I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Ordinance Amendments DATE: September 12, 2005 AGENDA ITEM Ordinance Amendments PREVIOUS ACTION RECOMMENDED PLANNING COMMISSION ACTION COMMENTS/RECOMMENDATIONS Following this Request are two sample Ordinances, one is fora Commercial Recreation District and the second is for PUD Overlay. The City does not currently have an Ordinance that allows for Stadium Use, therefore the Commercial Recreation District was created. It was important to staff that the Ordinance not be specific to the River Bats, but could apply to other areas as well. The Staff has reviewed this draft and are forwarding it to the PC and Council for review and comment. The second Ordinance for PUD Overlay also relates to the River Bats, again it is not specific and can be applied elsewhere. We have actually discussed adding a PUD Overlay provision in the past. Sample CR Commercial Recreation District Language MDG,lnc. 52.XX CR - COMMERCIAL RECREATION DISTRICT Subd. 1: Intent. The intent of the Commercial Recreation District is to regulate intensive commercial recreation and entertainment uses that serve a regional clientele in order to mitigate the impact of such uses upon surrounding, less intensive land uses. The CR district is designed to accommodate recreational activities and retail sales, rental, services and food sales that are compatible with regional recreational facilities and/or intended to cater to users of such facilities. Subd. 2: Permitted Uses. Any/all improvements/activities related to land, utilities and/or subdivision within the CR District require PUD approval as set forth by this Title. The PUD/Development Agreement authorized/executed in conjunction with the proposed use shall specifically define permitted and ancillary/incidental uses defined within the proposed development. a) Baseball stadium. b) Health club. c) Country club. d) Tennis Club. e) Health and/or Athletic Club. f) Swim Club. g) Golf Course. h) Playgrounds. i) Public Open Spaces. j) Public utility structures. k) Other similar uses found by the Council to be compatible with items (a) through (I). Subd. 3: Accessory Uses. The following accessory uses are permitted when found to be an integral part of and incidental/ancillary to a permitted commercial recreational use. a) Retail sales/services. b) Food sales/services. c) Restaurant/bar facilities. d) Special events held within the stadium subject to the terms described herein and within the PUD/Development Agreement. e) Administrative, executive and professional offices. f) Ticket sales. g) Parking. h) Signs per this Section and Section 11 of the Zoning Ordinance. Page 1 Sample CR Commercial Recreation District Language MDG, Inc. i) Indoor storage of equipment used in the operation of approved uses provided accessory structure standards and other applicable standards are maintained. j) Incidental lighting facilities providing compliance with standards contained within the PUD agreement and/or the City's Illumination Ordinance is maintained. k) Fences. I) Other similar uses found by the Council to be compatible with items (a) through 0). Subd. 4: Lot Reauirements. The following are minimum standards for the CR District. a) Minimum Lot Size. 20 acres. b) Minimum Lot Frontage on a Community Collector, Minor or Principal Arterial Roadway as defined by the Comprehensive Plan: 300 feet. c) Minimum Lot width: 300 feet. d) Setbacks: 1. Front: 50 feet. 2. Side: 30 feet. 3. Rear: 30 feet. e) Required Side/Rear Yard Screening. 1 . Where a CR use is adjacent to a property guided toward residential use as illustrated on the Future Land Use Map contained within the St. Joseph Comprehensive Plan (and/or Comprehensive Planning documents approved by St. Joseph Township and/or Stearns County) a landscaped buffer shall be provided. It is the objective of the landscaped buffer to lessen rather than completely eliminate land use conflicts between such uses. It is not expected that landscaped buffers will totally screen such uses. It is expected that the landscaped buffer design elements identified below will provide immediate lessening of land use conflicts and such buffering will be enhanced over time as landscaping matures. 2. Landscaped buffers may include a combination of elements including setback distances as separation, tree and shrubs, solid fencing and/or berming. It is encouraged that . existing topography and vegetation be included in the design of the landscaped buffer as approved by the City. Retention of existing mature trees is strongly encouraged in meeting the requirements of this section. 3. The standards provided in the landscaped buffer options identified below may be used in combination t meet the intent of this section: a) Rear and side yard landscaped buffers shall have a minimum depth of fifteen feet and include standards as identified below: ii. Natural Buffers. Four (4) evergreen variety trees, two flowering variety trees, and ten (10) shrubs per 100 lineal feet (evergreen shrubs to be spaced at five feet on center with a minimum mature height of five feet); or, fifteen (15) large deciduous shrubs per one hundred feet (100') of lineal distance planted in a staggered double row. iii. Structural Buffers. Solid six foot high wall or fence with two evergreen variety trees, two flowering variety trees and five large shrubs per one hundred feet of lineal distance. Page 2 Sample CR Commercial Recreation District Language MDG, Inc. iv. Earthen Berm Buffer. Minimum fifteen foot landscaped buffer with berming not to exceed a 1:3 slope, three large evergreen trees and two flowering variety trees per one hundred feet of lineal distance and sufficient evergreen shrubs with a minimum combined height (berm and mature shrub) of five feet to form a continuous screen within three years of planting and/or sufficient deciduous shrubs with a minimum combined height of five feet to form a continuous screening within three years of planting. f) Maximum building height: 55 feet, provided required front, side and rear setbacks are increased one-half (1/2) foot for everyone-foot of building height over 40 feet. g) Maximum impervious surface coverage: 80%. Subd. 6: Sians. a) Exempt Signs: The following signs shall be exempt from this requirement. i. Signs that are not designed, located and/or intended to be visible from any street, adjoining property or public way ii. Any sign inside a building not attached to a window or door that is not legible from a property line. iii. Informational signs giving information or directions to employees, visitors or delivery vehicles which contain no advertising providing said signs to not exceed a maximum area of four (4) square feet per sign. iv. On private property, such as "stop", "yield", "loading only", "telephone", "parking", and other similar directives, the face of which meet Department of Transportation standards and which contain no commercial message of any sort. v. Memorial signs or tablets, names of buildings and/or date of erection when cut into masonry or when constructed of bronze, stone, granite, glass or other natural material that will not ignite. vi. Signs identified as exempt under Section 52.11 of the City Code. b) The owner/agent shall submit a master signage plan containing the following information for all signs. The master signage plan should be submitted with the development plan when possible. i. A scaled site plan showing location of buildings, parking lots, driveways and landscaped areas and an accurate indication on the site plan of the proposed location of present and future signs of any type, whether requiring a permit or not. ii. Scaled color drawings clearly showing location of sign and building elevation. iii. Computation of the maximum total sign area, the maximum area for individual signs and the height of signs. iv. Specifications for color scheme, lettering or graphic style, lighting, location of each sign on the building and/or lot, materials and sign proportions. c) The following signs shall be permitted in the CR District: Page 3 Sample CR Commercial Recreation District Language MDG, Inc. i. One (1) monument sign per lot or two (2) monument signs per PUD not exceeding fifteen (15) feet in height and one-hundred twenty (120) square feet in area provided the monument sign: is incorporated into some form of landscaping design scheme; is solid from grade to the top of the structure, is constructed of brick, stone, masonry or granite and is placed directly on the ground or on an interior planter base which is incorporated into the design arrangement. Monument signs may feature landscape lighting providing such lighting complies with the standards contained within the City Code. ii. Wall signs are permitted on the walls of principal buildings facing public streets provided: a. Total sign area (on each building front to which they are attached) does not exceed fifteen (15) percent of the building frontage on which it is placed or one (1) square foot for each one and one-half (1:V2) lineal front foot or 75 square feet whichever is greater. b. Signs employ superior-quality, permanent materials. Natural materials such as metal, wood, brick, stone, glass, etc are highly encouraged. c. Signs are architecturally compatible with the style, composition, materials, color and details of the building to which it relates and other structures within the applicable zoning classification. iii. One freestanding sign per lot is permitted provided: a. Signs do not exceed the area/height standards within the following table which are based upon the functional classification of the streets on which businesses and/or PUD's front and the posted speed limit in effect for the roadway on which the business and/or PUD fronts. Street Speed Maximum Area Maximum Classification Height Principal and Minor Arterials 30 50 18 Principal and Minor Arterials 35 100 22 Principal and Minor Arterials 40 125 24 Principal and Minor Arterials 45 150 26 Principal and Minor Arterials 50 175 28 Principal and Minor Arterials 65 200 32 Collector Streets 30 25 16 Collector Streets 35 50 20 Collector Streets 40 100 24 Collector Streets 50+ 125 28 Local Streets 30 20 6 Local Streets 35 40 10 Page 4 Sample CR Commercial Recreation District Language MDG, Inc. Street Speed Maximum Area Maximum Classification Height Local Streets 40 80 14 Local Streets 50+ 100 16 The maximum area for freestanding signs may be increased for sites with more expansive lineal frontages the maximum freestanding sign area may be increased by 0.20 square feet for each one-foot lineal front-foot beyond the first 150 feet provided the maximum sign area does not exceed 133% of the maximum freestanding sign area allowed in the district. b. Freestanding signs feature natural color palettes in harmony with the building to which it relates and other structures within the applicable zoning classification. c. Landscaping which is aesthetically pleasing and complimentary to the quality of uses within the area is employed as an integral part of the sign. d) One (1) electronic message sign (signs featuring messages which may be changed at reasonable intervals by electronic process or remote control and whose movement is the periodic changing of information against a solid, colorless background) per lot is permitted in the CR District provided that: i. Electronic message signs feature a constant light level and glare reduced screens. ii. Electronic message signs are at least one-hundred fifty (150) feet from a residential district or use. iii. The electronic message sign shall not exceed allowable sign area or height requirements for freestanding signs as identified in the table above. iv. Modes which cause the message to flash are prohibited. v. The sign may only be used to promote activities, products, or services pertaining to the SUbject property; time and temperature; or other public service oriented messages. vi. Landscaping which is aesthetically pleasing and complimentary to the quality of uses within the area is employed as an integral part of the sign. vii. Signs are architecturally compatible in style, composition, material, color and detail to the building to which it relates and other structures within the applicable zoning classification. viii. The sign features natural color palettes in harmony with the building to which it relates. Subd. 7: Buildina Reauirements. a) A high level of design and architectural detail are preferred for structures in the CR District. Complimentary architectural quality, fa<(ade materials and colors are desired in comparison to adjacent facilities. b) Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface of more than forty feet in width. Page 5 Sample CR Commercial Recreation District Language MDG, Inc. c) At least fifty percent of the net area of all facades of new construction and/or reconstructed facades facing public rights-of-way (excluding windows and doors) shall be comprised of brick, stone, stucco, decorative concrete block or architectural tilt up panels. d) Loading docks facing public rights of way shall be screened to minimize view from and glare onto the public right of way. Subd. 8: Development Plan Reauired. 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. 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 CR Commercial Recreation 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. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. I) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. 0) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). p) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. q) Required Fee/Agreement. 1. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the Page 6 Sample CR Commercial Recreation District Language MDG, Inc. required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development Agreement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the property owner(s) and/or developer(s) enter into a development agreement with 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 account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all costs associated with City's review of the development, including but not limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the City Attorney, shall be conditioned upon the approval of the development plan. Subd. 9: Additional Reauirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, floodplains, signs, etc. Subd. 10: A Lock Box shall be installed on all buildings before a Certificate of Occupancy will be issued. Page 7 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. Section _' Planned Unit Development Overlay District. Subd. 1. Purpose and Intent. The purpose of this chapter is to provide for the modification of certain regulations when it can be demonstrated that such modification would result in a development which would not increase the density and intensity of land use beyond that which would be allowed if no regulations were modified; would preserve or create features or facilities of benefit to the community such as but not limited to open space or active recreational facilities, which features or facilities would not have been provided if no regulations were modified, would be compatible with surrounding development, and would conform to the goals and policies of the Comprehensive Plan. Throughout this title, "PUD" shall mean the same as "planned unit development." Subd. 2. Benefit to the Public Intended. PUD's are intended to encourage the efficient use of land and resources, to promote greater efficiency in public utility services and encourage innovation in the planning and building of all types of development. Planned unit developments shall demonstrate at least one benefit to the public, including but not limited to the following. The applicant bears the burden of proving one or more public benefits exist: A. Innovations in residential development that: 1. Proactively and tangibly address the demand for housing for all economic levels; 2. Provide greater variety in tenure, type, design and siting of dwellings; 3. Provide for the creation of affordable housing units through an efficient use of land resulting in smaller networks of utilities and streets, thereby lowering housing costs and public investments, except that tangible plans to maintain dwelling unit affordability are required. The City may waive the requirement for tangible plans to maintain dwelling unit affordability provided one or more additional public benefits are found to exist. B. The reestablishment, preservation and/or enhancement of desirable site characteristics such as natural topographic and geologic features. C. A variety of housing types/densities together with preservation of open space/natural features within one development. D. The creation of active and/or passive recreational opportunities and/or facilities that would not have been provided if no regulations were modified. E. A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the City. Subd. 3. Types of Planned Unit Developments - Where Permitted. A. Two types of planned unit developments are hereby established subject to the use regulations of the zone in which the PUD is proposed to be located and provided the standard of subsection B (immediately following) are achieved: 1. Single-family PUDs, comprised of detached dwelling units on individual lots, necessary streets rights-of-way to serve such dwelling units and any common open space, recreational facilities or other areas or facilities. 2. Non-single-family PUDs, comprised of (a) attached dwelling units, detached dwelling units not on individual lots, retail, commercial, recreational, office, service or industrial buildings, or any combination thereof, the necessary streets and other public and/or private rights-of-way 1 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. to serve such uses, and any appurtenant common open space, recreational facilities or other areas or facilities. 3. A PUD may comprise both of the above types, subject to compliance with the use regulations of the zone in which the PUD is proposed to be located. B. Planned unit developments may be located in any zone subject to use regulations; provided, that: 1. Uses permitted in the PUD shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted uses, including special district regulations; and, 2. A Planned Unit Development for any parcel or track of land shall have a minimum net site area for each zoning district as set forth below excluding areas not suitable to development: a. Residential Districts - Ten (10) acres minimum b. Neighborhood Business District - Two (2) acre minimum c. General Commercial District and Medical/Professional- Five (5) acres minimum d. Industrial District - five (5) acres minimum e. Mixed Use PUD - five (5) acres minimum 3. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD 4. Common open space shall be either held in common ownership by all owners in the PUD or dedicated for public use with approval of the City Council. Whenever possible, common open space shall be linked to the open space areas of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose. Subd. 4. General Requirements/Permitted Modifications. A. In General. In considering a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements and standards of the zone in which the project is located, and in the subdivision ordinance. In modifying such regulations, requirements and standards as they may apply to a planned unit development project the standard identified within this subsection and the limitations set forth in this subsections Band C (immediately following) shall apply. In order to be granted any such modifications, the applicant shall demonstrate that the proposed development complies with the purpose of this chapter. The applicant shall bear the burden of supporting any change in requirements. The city may increase any requirement necessary to make the project conform to the purposes of this chapter. 1. Allowed Uses. Uses within the PUD may include only the uses generally considered associated with the general land use category shown for the area on the official Comprehensive Plan Land Use Plan. Specific allowed uses and performance standards for each PUD shall be delineated in the rezoning ordinance (if required), the development plan and the development agreement. The PUD development plan and agreement shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan and agreement. Any change in the list of uses presented in the development plan and agreement will be considered a major amendment to the P UD and will follow the procedure described herein relative to major PUD amendments. 2 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. 2. Front Yard Setbacks. The requirements for minimum front yard setbacks for the zone in which the planned unit development is located shall apply to all exterior boundary lines of the site. 3. Distance Between Buildings. The planning commission shall set minimum distances betWeen structures to assure adequate sunlight and open space; provided, that minimum distances required by building and fire codes shall be met. 4. No residential building shall have a single exterior wall longer than forty (40) feet without an offset in the exterior wall. Offsets between walls shall not exceed ten (10) feet 5. Building Height. Building height and corresponding setback requirements shall be governed by the requirements of the underlying zone district classification as setforth therewith. 6. All permitted, permitted accessory and or conditional uses contained in the underlying zoning district shall be treated as permitted, permitted accessory and conditional uses in PUD overlay district. Uses not listed as permitted or conditional in a specific district shall not be allowed in a PUD unless it is found that the use is complimentary to the functionality of the development and the other uses found therein. 7. An increase in density may be permitted to encourage the preservation of natural topography and geological features, excluded from the calculation shall be areas which would normally not be developable such as waterways or waterbodies, shorelands, flood plains, steep slopes, hydric soils and the like in addition to areas required for streets, parks, pedestrian facilities, storm water controls and placement of public utilities. 8. Off-street parking and loading space shall be provided in each PUD in the same ratios for types of buildings and uses as required in the underlying zoning district. However, the City may reduce the number of parking spaces required provided PUD applicants submit information demonstrating a reduced need for parking facilities (e.g. senior housing complex, PUD's featuring joint parking facilities, parking study, proximity to and availability of bus service coupled with transit-friendly design, etc.). 9. The major internal streets serving each planned unit development shall be functionally connected to at least one minor arterial or collector street as defined by the comprehensive plan. 10. The streets connecting with any planned unit development must be of sufficient size and character to accommodate the traffic to be produced by the project. The streets connecting with any PUD shall not significantly alter the character of existing residential neighborhoods. Evaluation of the proposal pursuant to this section shall include consideration of the following criteria: a. The increase in traffic which will be generated by the development; b. The present width and condition of streets to be affected; c. Presence or absence of improved sidewalks; d. Potential impacts upon the value of surrounding properties; e. Anticipated effect upon availability of parking; f. Existence of a particular conflict between vehicular and pedestrian traffic; 3 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. g. The street type designated in the comprehensive plan. 11. The City may reduce paved right-of-way width requirements outlined in the subdivision ordinance for streets contained within the PUD providing: a. A demonstrated benefit to the public exists that would not exist if not for the reduction of street width; and, b. Providing the City Engineer and City's Emergency Service providers (Fire, Ambulance and Police) review the PUD determine adequacy of proposed street widths. The City may require total right-of-way widths (including non-paved) to adhere to standards contained within the subdivision ordinance.dfadf B. In Single-family PUDs. Single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in subsection A (above, entitled "permitted modifications of regulations, in general): 1. The minimum lot size as required in underlying zoning classifaction may be reduced by up to 15 percent; provided, that an area(s), not including a critical area or storm water conveyance or storage facility, equal to the combined reduction in lot area is set aside for the following: a. Common useable open space comprising landscaping and facilities such as but not limited to play areas, trails, picnic tables and benches; b. Areas containing significant trees as defined by the city; c. Other noncritical areas, the preservation or creation of which promote one or more goals and/or policies of the comprehensive plan; d. The applicant shall demonstrate that the area proposed to be set aside creates a public benefit which would not exist if the minimum lot size were not modified; e. The number of lots in a single-family PUD shall not exceed the number of lots which could be obtained if no regulations were modified; 2. The minimum lot width as required within the underlying zoning classification may be reduced up to 10 percent; 3. Within self-contained (Le. private) developments, the minimum front yard setback as required by the underlying zoning classification for individual lots may be reduced up to 50 percent, except that the front yard setback from all exterior boundary lines shall conform to the underlying zoning classification requirements; 4. Required side and rear yard setbacks shall not be reduced. C. Non-single-family PUDs. Non-single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth within the underlying zoning classification. 1 . When a PUD containing dwelling units is proposed on property having more than one underlying residential zone the total number of dwelling units allowed may be determined by totaling the number of dwelling units allowed to be located on each portion of the PUD area located in a separate zone according to the regulations of that zone. 2. The City, at its descretion, may allow the number of units arrived at under subsection C.1 (immediately above) be located anywhere within the planned unit development subject to 4 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. the PUD approval process set forth in this chapter and provided the City make a finding of fact that a public benefit resulting from such action is present. Subd. 5. Subdivision Requirements. The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in the subdivision ordinance shall be followed concurrently herewith. The approved final development plan shall be a binding site plan. A lease of land not involving a residential structure shall be exempt from the subdivision ordinance if the lease conforms to the final development plan. Subd. 6. Pre-Application/Informational Meeting and Concept Plan Required. A. Informational Meeting. Prior to filing an application for preliminary PUD plan approval, the applicant of the proposed PUD shall arrange for and attend an informational meeting with City staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the conformity to the provisions of this code before incurring substantial expense in the preparation of detailed plans, surveys, and other data. B. Following a pre-application/informational meeting but prior to submitting an application for preliminary plan approval, the applicant for a proposed PUD shall submit to the City a general concept plan. 1. Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the City showing their basic intent and the general nature of the entire development without incurring substantial cost. This concept plan serves as the basis for the informational meeting so that the proposal may be considered at an early stage. The following elements of the proposed general concept plan represent the immediate significant elements which the City shall review and for which a decision shall be rendered: a. Overall maximum PUD density range. b. General location of major streets and pedestrian walkways. c. General location and extent of public and/or common open space. d. General location of residential and non-residential land uses with approximate intensities of development. e. Staging and timetable of development. f. Other special criteria for development. Subd.7. Preliminary and Final Plan Approval Required. A. Each PUD shall require preliminary and final approval. B. If land subdivision is requested in conjunction with the PUD plan, both preliminary and final PUD approvals shall be processed in concurrently with the platting procedures set forth in the City's Subdivision Ordinance. Required data, parkland/fee in-lieu of parkland dedication, design standards and required improvements shall be the same as per a conventional subdivision and as set forth within the City's Subdivision Ordinance. In addition to the data requirements itemized within the Subdivision Ordinance the application shall also include information necessary to process the PUD preliminary and final plan(s) as contained within this chapter. The zoning administrator may waive requirements determined to be redundant. 5 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. C. The preliminary development plan and the final development plan may be combined and together processed through review as a final development plan. In addition the applicant may file a concurrent rezone application in accordance with the procedures set forth in the zoning ordinance. Subd. 8. Phased Development. Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final development plan review. A map showing all property owned or controlled by the developer which is contiguous to the development site or which is within the area determined by the City to be relevant for comprehensive planning and environmental assessment purposes, together with a conceptual plan of said properties' eventual development through all potential phases shall be submitted with the application for the first phase. The developer is not responsible for providing a conceptual plan for contiguous or nearby property which is not owned or controlled by the developer. The conceptual plan shall conform to the purposes of this chapter and shall be used by the city to review all phases of the development. All phases of the development shall conform to the conceptual plan, all conditions of approval, and applicable regulations. Subd. 9. Preliminary PUDs - Contents of Complete Application. A. The applicant shall file with the City a preliminary development plan (ten large scale copies and one 11 X 17 reproducible copy), which includes the following: 1. A legal description of the property proposed to be developed; 2. A map of the subject property and surrounding area determined by the City to be relevant for comprehensive planning, environmental assessment or zoning review purposes, which shall depict comprehensive plan designations, zoning classifications and existing land uses and utility mains/urban facilities including parks and streets; 3. A proposed site plan for the subject property depicting the following: a. Topography at two-foot contours for slopes 15 percent or less and five-foot contours for slopes over 15 percent; b. Individual trees over eight inches in trunk diameter measured four feet above the base of the trunk in areas to be developed or otherwise disturbed; c. Designated placement, location, and principal dimensions of lots, buildings, streets, parking areas, recreation areas and other open space, landscaping areas and utilities; d. If the developer owns or otherwise controls property adjacent to the proposed development, a conceptual plan for such property demonstrating that it can be developed in a compatible manner with the proposed development; 4. A conceptual landscape plan showing existing and proposed landscaping including groundcover, shrubery and tree species; 5. Drawing and/or text showing scale, bulk and architectural character of proposed structures; 6. For single-family PUDs, a conceptual drawing depicting the number and location of lots which would be allowed if no regulations were modified; 7. Special features including but not limited to critical areas and sites or structures of historic significance; 6 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. 8. Text describing conditions or features which cannot be adequately displayed on maps or drawings; 9. A narrative stating how the proposed development complies with the goals and policies of the Comprehensive Plan; 10. A narrative itemizing all proposed land uses (permitted, conditional, interim, accessory), conditions related thereto (proposed and as required within the underlying zoning classification) and the extent of proposed uses (Le. number of units; density allowed via underlying zoning classifications and density proposed for the PUD; 11. A narrative stating how the proposed plan impacts adjacent property owners; 12. A narrative describing the public benefit of the proposed PUD; 13. A narrative describing proposed operation/maintenance of the development including open areas, stormwater features and recreational facilities resulting from the subdivision; 14. If applicable, draft conditions, covenants and. restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities; 15. Information normally required within the underlying zoning classification relating to site plan review. 16. Other information required by the City. B. The applicant may submit to the community development director proposed development standards which, if approved by the City, shall become a part of the preliminary plan in lieu of the requirement of subsection (A)(2) of this section for specifying placement, location and principal dimensions of buildings, streets, and parking areas. This alternative process is intended to accommodate the need for flexibility in large scale non-single-family developments, while insuring that sufficient information as to the nature of the development is available upon which to base a decision concerning the preliminary development plan. Proposed development standards shall specifically set forth parameters for location, dimensions and design of buildings, streets and parking areas. Subd. 10. Preliminary PUDs - Criteria for Approval. A. Preliminary PUD approval shall be granted by the city only if the applicant demonstrates that 1 . The proposed project shall not be detrimental to present and potential surrounding land use. 2. Land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible. 3. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project, in light of the criteria set forth in the Subdivision Ordinance and the comprehensive plan. 4. Services including potable water, sanitary sewer and storm drainage are available or can be provided by the development prior to occupancy. 5. Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment. 7 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. 6. The project conforms with the purposes and standards prescribed in this chapter. 7. The project conforms to the Comprehensive Plan. B. Conformance with the design standards and required improvements as set forth within the Subdivision Ordinance. Subd. 11. Preliminary PUDs - Minor and Major Changes to an Approved Preliminary PUD. A. A proposed minor change to an approved PUD require a public hearing and shall be incorporated into the application for final PUD approval, and any notification regarding such final PUD approval shall describe the proposed minor change(s). A "minor change" means any departure from the conditions of preliminary approval which is not a "major change" and includes but is not limited to the following: 1. Revisions to number of dwelling units in a structure; 2. Revisions to number of nonresidential structures; 3. Revisions to heights of structures; 4. Revisions to location of internal roads; 5. Revisions similar in nature to those above as determined by the city. B. A proposed major change to an approved preliminary PUD shall require reapplication for preliminary PUD approval and any notification regarding such preliminary PUD approval shall describe the proposed major change or changes. A major change is any departure from the conditions of preliminary PUD approval which would result in any of the following: 1. Revisions to the approved design concept; 2. Revisions to the approved use(s); 3. An increase in the number of residential dwelling units; 4. An increase in square footage of nonresidential structures; 5. A decrease in the amount of landscaping, site perimeter buffering, and open space; and 6. An increase in traffic volumes or change in circulation patterns which impacts surrounding development. Subd.12. Final PUDs - Contents of Complete Application. A. Within 12 months following the approval of the preliminary PUD, the applicant shall file with the a tinal PUD conforming to the approved preliminary PUD. The final PUD shall include the following: 1. A survey of the property, showing for all areas to be developed or disturbed existing features, including topography at two-foot contours for slopes 15 percent or less and five-foot contours for slopes over 15 percent, buildings, structures, trees over eight inches in trunk diameter measured four feet above the base of the trunk, streets, utility easements, rights-af-way, and existing land uses; 2. Elevation and perspective drawings of project structures and improvements; 3. Proposed final conditions, covenants and restrictions (CC&Rs) and other documents relating to operation and maintenance of the development, including all of its open areas and 8 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. recreational facilities, which CC&Rs and other documents shall be recorded upon final PUD approval; 4. Proposed final agreements which may have been required as conditions of preliminary PUD approval; 5. A development schedule; 6. The following plans and diagrams: a. An off-street parking plan; b. A circulation diagram indicating the proposed movement of vehicles and pedestrians within the planned unit development, and to and from existing and programmed thoroughfares; any special engineering features and traffic regulating devices needed to facilitate or insure the safety of this circulation pattern must be shown; c. Landscaping and tree planting plan, including site grading; d. A topographic map or model of the site and surrounding vicinity; B. In the event that development standards were submitted and approved as part of the preliminary development plan, development standards shall be made binding upon all future developers of the property in a manner acceptable to the city and may be submitted in lieu of elevation and perspective drawings of project improvements. Subd. 13. Final PUDs - Criteria for Approval. Final PUD approval shall be granted by the city only if the applicant demonstrates that the final PUD substantially conforms to the approved preliminary PUD. For the purposes of this section, "substantially conforms" means that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses, design or development standards or in the site plan, other than the minor changes pursuant to Subd. 11 of this chapter. Subd. 14. Final PUDs - Extension of Time for Filing. For good cause shown, the city, at its discretion, may grant an extension of time of one year for filing the final PUD and required accompanying papers, and may grant additional one-year extensions; provided, however, the city shall have the right to re-examine and update any conditions made to mitigate development impact. Subd.15. Final PUDs - Failure to File - Termination. A. In the event the final PUD or any required attendant papers are not filed within 12 months following approval of a preliminary PUD, except as provided elsewhere in this Chapter or as noted in subsection B (immediately following this subsection), the approval of the preliminary PUD shall lapse and the approval shall be deemed null and void and without force or effect. {' B. When it is determined as part of the preliminary PUD approval that the final PUD is to be phased, the final PUD for the first phase shall be submitted within 12 months of preliminary approval. The final development plan for each subsequent phase shall be submitted within the schedule established at the time of preliminary PUD approval. In the case of a PUD which includes a subdivision, the final PUD shall be submitted within five years of receiving preliminary approval. C. The time period for filing of final PUDs shall not include periods of time during which progress on the final PUD was reasonably halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the city pursuant to this chapter; provided, that in all cases when more than two years have elapsed subsequent to the date of approval of a preliminary PUD the permittee shall be required to comply with all current building, construction, subdivision and 9 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. other applicable standards of the city prior to being granted approval of the final PUD; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project. Subd. 16. Final PUDs - Adjustments to Approved Final PUD. A. The zoning administrator is authorized to allow adjustments in accordance with subsection B (which immediately follows this section) of this chapter. The zoning administrator shall allow only such adjustments as are consistent with guidelines established in subsection B of this section, and in no case shall an adjustment be allowed if it will increase the total amount of floor space authorized in the approved final PUD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to any boundary line or change substantially any point of ingress or egress to the site. B. For the purposes of this section, "adjustments" means any departure from the conditions of final PUD approval which complies with the following criteria: 1. The adjustment maintains the design intent and quality of the original approval; 2. The amount of landscaping, buffering and open space shall not be reduced; 3. The number of dwelling units in residential developments and the square footage of structures shall not increase; 4. The adjustment shall not relocate a building, street or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback; 5. The height of buildings and other structures shall not increase; 6. Views from both structures on-site and off-site shall not be substantially reduced; 7. Traffic volumes shall not increase and circulation patterns shall not change; 8. Changes in colors, plant material and parking lot configurations are minor; 9. The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original documents; 10. The zoning administrator determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project. C. If proposed amendments to an approved PUD can not be classified as an 'adjustment' the PUD shall be amended using the "Major Amendment" process described in Subd. 11 herein. Subd.17. Bond Required for Final PUD. No final PUD shall be implemented until the applicant files with the city a bond approved by the city, executed by a surety company authorized to do business in the state, or other equivalent security approved by the city attorney, in an amount equal to 110% of the estimated of the cost of all public improvements, utilities and landscaping, conditioned upon the permittee's completion of such portions of the project according to the submitted final PUD and the provisions of this chapter, and, in addition, providing that no change, extension of time, alteration or addition to the project will in any way affect the obligation on the bond. Said bond, or an additional bond or other equivalent security, shall also be conditioned upon full restoration of the site in the event that grading, clearing or any other site preparation or work is begun and abandoned, and in the determination of the city, it will better serve the public health, welfare and safety to restore the site rather than to require completion of public improvements, utilities 10 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. and landscaping. If the PUD is also being subdivided, the bonds required to be posted by the subdivision of property as per the Subdivision Ordinance, to the extent that they satisfy the requirements of this section, shall be accepted as full or partial fulfillment of the requirements hereof. Subd. 18. Operating and Maintenance Requirements for PUD Common Open Space and Service Facilities. A. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. B. Common open space and service facilities within a PUD shall be placed under the ownership of one or more of the following: 1. Landlord control where only use by tenants is anticipated. 2. Property owners association, provided all of the following conditions are met: a. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document as specified in Minnesota Statutes shall be filed with the Zoning Administrator prior to the filings of the declaration of documents or floor plans with the County Recorder's Office. b. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration. c. The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation may be formed and if such an association or corporation is formed property owners must be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control. d. The declaration shall additionally provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City, or fails to pay taxes or assessments on properties as they become due, and in the event the City incurs any expenses not immediately reimbursed by the association or corporation, then the City shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made. e. Membership in the association must be mandatory for each owner and any successive buyer and the association must be responsible for liability insurance, taxes, and the maintenance of the open space facilities to be deeded to it. f. The open space restrictions must be permanent and not for a given period of years. g. Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law and the association must be able to adjust the assessment to meet changing needs. 11 SAMPLE PUD DISTRICT STANDARDS MDG, Inc. h. The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan. C. Staging of common open space. The construction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities. Subd.19. Building Permits - Certificates of Occupancy. The city shall issue building permits for buildings and structures which conform with the approved final PUD and with all other applicable city ordinances and regulations. The city shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final PUD and all other applicable city ordinances and regulations. The construction and development of all the open spaces and public and recreational facilities of each project phase must be completed or bonded before any certificate of occupancy will be issued. Subd. 20. Extension of Time for Construction. For good cause shown, the city, at its discretion, may grant one extension of time for commencement or continuation of construction subsequent to approval of the final PUD. Subd. 21. Termination of Planned Unit Development - Failure to Commence or Continue Construction. If the construction has not been started within five years from the date of approval of a final PUD with an associated subdivision, or two years from the date of approval of any other final PUD, or if construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided in herein, the authorization granted for the planned unit development project shall terminate and all permits and approvals issued pursuant to such authorization shall expire and be null and void. The time period of commencing or continuing construction shall not include periods of time during which commencement of construction or continuation of construction was reasonably halted or reasonably delayed due to the filing of a pendency of legal action challenging an approval granted by the city pursuant to this chapter; however, in all cases, when more than five years have elapsed subsequent to the date of approval of a final PUD with associated subdivision, or more than two years have elapsed subsequent to the date of approval of any other final PUD the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the city; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project. Subd. 22. Sale of Lots. Lots in a platted planned unit development may be sold to separate owners according to the separate lots as shown in the plat filed and approved in connection therewith. No sale shall be permitted which subdivides a iot in such a manner as to create a new lot line except as provided in Section _ (lot split) the subdivision ordinance. Subd. 23. Lots Subject to Final PUD. All lots or other divisions of a subdivided planned unit development shall remain subject to compliance with the final development plan regardless of the fact of subdivision in compliance with the subdvision ordinance or lot(s)/division(s) of a subdivided PUD were subsequently conveyed. 12 Memo To: St. Joseph Planning Commission From: JudyWeyrens Date: 9/30/2005 Re: Planning Commission Meeting Please find attached additional information for the meeting on Monday night. I was called yesterday by Midnight Haulers requesting to be on the agenda on Monday night. I told them the agenda was already set, but they could not wait for the next meeting. Therefore, I would like to amend the agenda to add the revised site plan to the agenda. At the September 12, 2005 Planning Commission meeting Midnight Haulers presented the Planning Commission with a packet of information with concems. The staff was only made aware of one concern, that being the curbing. The three remaining items had not been conveyed to me as issues. Had staff been aware of the concerns we would have been prepared for the meeting. I forwarded to Ron Wasmond the information that was presented and asked that he respond to the Planning Commission. His response is attached to this memo. Storm Water/Curbing Issues Ron, Tracy and myself met with representatives for Midnight Haulers regarding their request for relief. Tracy is reviewing the revised drainage plan and will have a response by Monday. Cursory review indicates that the drainage will work. The larger issue is the one that one had addressed in his memo. Ordinance 52.34 includes a specific requirement that requires 8612 curbing around parking and access areas. The only way to relieve this requirement is to conduct a variance hearing. Midnight Haulers are requesting the Planning Commission make a determination on the intent of that one requirement. I have asked Sue Dege from Tom Jovanovich's office to review the same provision and provide an opinion. We will have that on Monday as well. Included in the information presented by Midnight Haulers were pictures of buildings that in their opinion were in violation of the Curbing requirement. First, the City amended the Zoning Code which became effective March 23, 2003. Any project started, including site plan review, fell under the governance of the old Ordinance. For your convenience I have attached a copy of the old Ordinance (yellow copy). Curbing was not required to the extent it is today. Further, the City only has the ability to enforce the revised code when a property owner makes application for a building permit. We have looked at 1 each property to research when building permits were secured and if the new Ordinance was applicable. The table below is a result of the research: Picture Number Business Name Buildina Permit Date 1 Game Day Couldn't find 2,3 American Manufacturino June 19, 2002 4 St. Joe Mini Storaoe December 19, 2002 5 Gene Lange 20+ old 6 Precise (Kittridoe) March 17, 1998 7 Joe Prom (former machine shoo) 20+ years 8 RudvTruckino (Rennie) 15 - 20 years 9 Central Canvas 20+ years 10 DBl labs 11 Promotional Resources 10 + years 12,14 Tanner Svstems April 2, 2002 13 St. Cloud Acoustics 15+ 15 Best Way Fabricatino 8+ 16,21 St. Joseph Maintenance City bid project in 2002, built in 2003 17 AutobodY 2000 April 4, 2001 18 Essilor 10+ years 19,20,22 Vic West (2000) Aoril14,2002 23,24,25,26 North Central Truck (2003) May 23, 2003 The only building permit that is questionable is North Central Truck. I have been unable to determine when they started the Planning process. , Building Exterior The Ordinance requires that any side facing a public ROW contain the 25% alternative face. This provision was brought to the attention of the property owner. Again if the Planning Commission wishes to waive this requirement a variance hearing would be required. 2 Midnight Haulers, Inc. 82819'" Avenue NE, 51. Joseph. MN 56374 September 30, 2005 City ofSt. Joseph 25 College Avenue N P.O. Box 668 St. Joseph, MN 56374 Re: Topics of discussion for meeting on October 3, 2005 I am submitting this letter to the building council requesting and appealing that the council accept my request to have the following items put on the coming agenda: That the council approve our request for the drainage issue on the east side of our building, where we would be laying an 18" storm sewer pipe with 3 drain catchments which would then run into the catchments pond on the north west side of the property. On top of this storm sewer pipe there would be a swale that would catch the runoff from the drive way which would be seeded with grass that would act as a filter for sediment that would come from the asphalt and keep it out of the system. We have submitted drawings and calculations to the city engineer and the council supporting our proposal. I would also like to have added to my request that the north side rock faced block wall be cancelled, and that I be allowed to go back to my original plan to side the building with steel, at the last council meeting I brought up the fact that because of the many changes that I am being required to try and fulfill the requirements of the city that this project was going way over budget and that this would be one of the items that would help me complete this project in a timely manner. Sincerely, David Potter Owner Inspectron Inc. Memo To: Judy Weyrens, City Administrator From: Ron Wasmund, Building Official Date: 9/28/2005 Re: Midnight Haulers David Potter owner of Midnight Haulers appeared at the September 12, 2005 Planning Commission seeking relief from the requirement to curb the entire site. At that meeting, he raised four issues that upset him. These items have added cost to his project bringing it over budget. His assertion seems to be is that these are items added by me in an effort to hold up the building permit or they have been added without his knowledge. Information has been submitted to me in pieces and that makes my responses less timely. I would like to respond to Mr. Potter's questions by providing the background and documentation for the requirements. The following were his issues. I will address them in the order he outlined them. 1. Facial Block North Side. Comments regarding building exterior design are typically made along with the site plan review when staff makes comments for the planning commission before building permit application. The plans originally submitted for site plan review were rejected because they were incomplete. The plans that were ultimately submitted for site plan review did not contain building elevation. There was a big rush by the owners because they had a purchase agreement with the realtor containing a contingency for approval of the building modifications before July 1, 2005. There was a risk they would lose the purchase of the building ifthey were not approved in time. They never did submit a Development Plan as required by Ordinance Section 52.34 Subd. 10. In an attempt to accommodate the owners, a review was done on an incomplete set of plans. A comment regarding the building exterior could have been made in June if the plans submitted for site review would have been complete. The original building plans submitted for building permit were also incomplete. This incomplete set of plans submitted to Inspectron Inc. showed what was interpreted to be a structural steel frame building with concrete block exterior walls. . The plan showed the existing building separated from the addition by a 2-hour fire rated wall.. The plans lacked enough detail to make a complete plan review. We had several questions ranging from footing design to plumbing design, fire ratings of door assemblies and many more. When I called the architect, I was told that I must have an old plan that no longer applied. A new set . Page 1 of plans including structural plans was delivered to me for review. These plans were reviewed and type written plan review comments were prepared. In these comments item number 11 under General Comments stated "St. Joseph City Council City Ordinance 52.34 Subd. 9 (c) requires a minimum of 25% of the exterior building finish directly facing streets shall consist of materials comparable to: face brick; natural stone: culture rock; glass; vinyl; stucco; aluminum lap siding; cut block; and concrete block whose surface must be treated with applied decorative texture or materials. The west and north elevations must comply with this requirement." Curb and Gutter I believe the requirement for the curb and gutter comes from Ordinance Section 52.34 Subd. 9 (m) which states "Concrete curb to 8-612 specifications shall be used for all automobile stops and for all drives and parking areas." Parking lots and circulation isles in existence before the ordinance are required by Ordinance section 52.10 Subd. 7 (b) to come into compliance with current ordinance when an addition is constructed to any existing building served by the parking lot. This comment was made in the site plan review memo dated June 2,2005. In their haste for approval, they agreed to install the curb at the June 6, Planning Commission meeting without regard to cost. Sprinkler System The plan review comments for permit issuance contained a comment under Fire Code Comments that stated "Provide details of the height of storage within the warehouse. Storage heights of 18 feet or greater may result in additional requirements of the International Fire Code." I. requested my fire consultant Steve Landry review the plans for fire suppression requirements. He confirmed the fire suppression requirements for high piled storage kick in at 12 feet of height. He talked to the architect to find out that the intended storage height is 15 feet. Mr. Landry's written report was delivered to the contractor along with the permit. The solution to this issue seems simple, limit the maximum height to 12 feet or sprinkle the entire building. This requirement can be phased in. I have verbally shared this with both the contractor and David Potter. They must keep the storage under 12 feet in the entire building until they can budget for the fire suppression. The fire chief has the authority to inspect the property at any reasonable time for verification of storage heights or any other fire codes. The objection raised to me from Mr. Potter was based upon an inspection they had performed by an independent inspector before buying the property. That inspector told them they did not have to sprinkle the building. The research done by us proves differently. WAC and SAC I am unclear about the inference with this issue. I have made several visits on site with Dave and Tom Potter regarding several proposed projects they were discussing. One of the visits included discussions about remodeling the restrooms in the warehouse to allow for a water bottling facility but the discussion centered around the requirements for the restrooms. I understood that the concept of the bottling facility was still in development. . Page 2 On August 10, I had a meeting with Brad Barth. Mr. Barth stopped into City Hall to talk about a water bottling facility he was planning to do with the Potters. During that meeting, we talked about the amount of water they would be bottling, the requirements for and design of floor drains in the facility, the need for fire suppression and SAC and WAC fees. I remember his reaction to the amount of the estimated SAC and WAC fees. He had already talked to the City of St. Cloud and knew that their fees were approximately $1200. We talked about the method of our fee calculation and how the amounts could vary if they bottled more or less water. At no time did he ask to apply for a permit. Nobody has ever made an application for a permit or even inquired about the permit specifically. Inspectron Inc. has followed our standard procedure in our review of this project. The whole project has felt disjointed from the first submittal of site plan materials. It has been a struggle to get complete information. The construction plans were not coordinated and assembled as a full plan. The first structural plans were rejected because they were unreadable. Even the permit application had to be returned for additional information. I feel that we have tried to accommodate this project, sometimes perhaps to the detriment of the project. They proceeded into the project so far they could not stop with significant financial loss. They were allowed to start grading the site before all documents were received. They were even allowed to pour footings before the building permit was issued. To date we have not received the information requested in the plan review memo. I think this is a good project for the City of St. Joseph and I want to see it proceed. I think the big problem has been communication. David Potter is a successful business operator; this takes a lot of his time. I do not think he has the time to coordinate the aspects of this project. This project needs a project manager that has construction management experience. I do not know what role the contractor is taking but I have not heard from them since the permit was issued. I know the Potters have a propensity to run to the elected officials so I have patiently waited for information, any other project I would have posted a stop work order. I have attached copies of all of my reports and documentation for review. . Page 3 ~, Inspectran, Inc. Me.mo To: Judy Weyrens City Administrator From: Ron Wasmund, Building Official cc: Tracy Ekola SEH Joe Betendorf SEH Dick Taufen City of St. Joseph Date: June 2, 2005 Re: Midnight Haulers Site Plan review Midnight Haulers are proposing to construct a 21,000-sq. ft. warehouse addition to their existing warehouse building. A reduced scale site survey with limited detail was submitted for review. No building plans or details have been submitted. The property is located in the Ught Industrial Zoning District. The use is permitted in the LI District. This review is a compilation of comments gathered from St. Joseph staff and Consultants General Zonina Comments 1. A six-foot high chain link fence is shown around the perimeter of the truck parking area and circulation route along the east side of the building. The fence appears to be laced on the right of way line along Co. RD 133. Verify County setback requirements for fence along right of way 2. Off street Parking Requirements: 1 space/SOO sq ft floor area or 8 spaces plus 1 space for each 2 employees on each shift - submit total planned employee count. 3. Loading berths are required based upon the follOwing tabular schedule of gross floor area of warehouse. While there appears to be loading berths provided, there are no specific details. The total number required has been estimated and is subject to change when more detail is provided. 5000-16,000 s.f. - One berth 16,000 - 40,000 sJ. - Two berths 40,000 -70,000 sJ.-Three berths 70,000 - 1000,000s.1. - Four berths Berths must be at least 50' x 10'. . Page 1 Three compliant loading berths must be provided. 4. The existing building as shown on the new survey for the proposed project is drawn with 38,209.5 S.F. (149.9 x 254.9) of warehouse and 4,044s.f. (134.8 x 30) of office. Existing plans turned in for background information shows the building as 42,000 S.F. (150' x 280) warehouse and 3,000 S.F. (30' x 100) of office. Parking standartfs, SAC and WAC, etc. are based upon gross S.F. of building. Please verify and submit accurate building dimensions. For review. 5. A lock box is required to be installed on new building prior to issuance of the certificate of occupancy. 6. The side yard setback adjacent to roadway shall be landscaped in accortfance with protective covenants and such reasonable requirements as established by the planning commission. 52.33 subd 6@. Provide landscaping details for setback along County Road 133 7. The parking lot in SW comer encroaches into required front yard set back. Such encroachment is not permitted. 52.33 subd 6(b). Redesign parking to comply with required 30' setback from property line. 8. The parking lot on north end of building encroaches into the required 25' side yard setback. Modify parking lot to comply with setback requirements 9. Dry wells are considered as Class V injection wells by MPCA. Class V injection wells are prohibited. The dry well shown on the south side of the building must be eliminated. 10. Provide details of proposed sign for compliance review. 11. Provide details of how lawn areas shown on east side of building are sustainable. 12. Existing unpermitted above ground fuel storage tank must be brought into compliance with building and fire codes for spill containment and setbacks from building. 13. AU parking and circulation isles, including existing surfaces must be equipped with, 86-12.: cutboand gutter. Enoineerino review comments on the Midnioht Haulers Site Plan and SWPPP. 1. Class 2 parking area (for semi truckltrailer) in NE comer of site may require a variance from bituminous surface requirement and curb and gutter requirement of Ordinance 52.10 Off Street Parking, Subd. 5 Parking Lot Standards (parking lot standards for industrial uses may be subject to variance or modification by the conditional use permit for the specffic industrial use). 2. Provide curb and gutter around proposed bituminous parking lot in SW comer of site. Provide curb and gutter at driveway entrances. Maximum entrance width to be 36 feet per City engineering standards. 3. Provide site plan showing drainage patterns and elevations for parking lot, access road, etc. Show how surface water will be collected and routed to ponding area or storm sewer system. Ordinance 52.18 indicates the drainage plan should include surface water runoff flow direction (arrows showing drainage patterns and run-off rate) and show how water will be conveyed from the site and how surface water will be conveyed to storm sewer or ponding areas. The proposed size, alignment and intended use of any structures to be erected on the site shall be included in the site plan. . Page 2 4. Runoff discharge may not exceed the capacity of the downstream storm sewer system. Parking lots and lawn areas may be used for tempora/}' storage during the 1 OO-year storm event. There must be a 2-foot elevation difference between the high water level and the lowest structure opening. 5. Note number 8 on the site plan indicates the SWCD shall be contacted once facilities are installed and before site grading. The SWCD does not have jurisdiction for this site. 6. If lawn area indicated on the site plan is to be newly seeded lawn, the site fence shall also be installed behind the curb along the newly seeded lawn area. 7. Correct existing drainage problems at north entrance Q.e. ponding is occuning at existing north entrance). 8. Describe/show how surface water runoff from north dass 2 parking area will be managed to minimize erosion potential from the parking area into the ponding area to the west. Collect runoff from parking lot area in culvert or catch basin before routing to pond Q.e. do not sheet flow parking area into pond). 9. Topsoil Stockpile noted on the site plan to be temporary (during construction) only? 10. The proposed bituminous parking area encroaches into the drainage and utility easement. Parking lots are not a permitted use/structure in easement areas. The City is currently studying potential roadway conidors north and east of this site. Oepending on future corTidor locations, it could be possible that CR133 alignment could change and impact the northern portion ofthis lot. Since the corTidorstudy is only in the initial planning stage, the conidor alternatives or potential realignment plans are not available yet Please call if you have questions at 320.229.4406. . Page 3 ORDINANCE 52 - ZONING ORDINANCE b) Parking lots e~ti.ng on or beforelanumy 1, 1996, do not have to be brought into compliance' with these, standards, until such time::asany,ofthe following events ,occur. (a) anew structure is constructed on the property served by the parking lot; (b) an.additioni&constructed to any' e.xisting.stmctureJocated on the property servedkhY'the"par~lGtf€c:),.A;Jchange in use of the property served by the parking lot occurs which results in a remodeling of the structure requiring the issuance of a building permit. c) Adequate ingress and egress shall be provided. d) Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as pennitted in an industrial area by special use permit or variance. e) Whenever such parking lot boundary adjoins property zoned for residential use, a setback of fifteen (15) feet from said lot line shall be required, and maintained. f) Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. g) Plans for the construction of any such parking lot must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. h) No sign shall be so located as to restrict the sight, orderly operation and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall not be considered part of the permitted advertising space and shall be ,subject to signage regulations. i) All parking lots shall be screened and landscaped from abutting residential uses or districts by a wall, fence or densely-planted compact hedge or tree cover not less than four (4) feet nor more than eight (8) feet in height. j) Except in the case of single-family, two-family, and townhouse developments, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing onto the public ~d. . k) Except in the cases of single-family, two-family and townhouse developments. parking lot dimensions are set forth in the table below. Circulation patterns shall 52.10-5 ORDINANCE 52 - ZONING ORDINANCE Subd. 8: Site Coverae:e. No structure or combination of structures shall occupy more than 50 percent of the lot area. Subd. 9: Other Reauirements. a) Parkin2 Lots. All parking lets shall conform to the standards set forth in Section 52.10. Alllotssball includeparking.controls.and other landscaping techniques to improve'their aesthetic quality and to direct the flow of traffic. b) Loading Docks. All loading docks shall conform to the standards set forth in Section 52.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), post frame/steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8") above the fmal grade, and stick built construction. Pre-finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide as much adornment as is possible considering their exterior finish limitations. d) Every applicant for a permit develop or expand any industrial property in the City shall be required to submit a complete and accurate statement concerning the specific nature of the use to which the property is to be put and shall certifY that the proposed use shall comply with all regulations, ordinances, or special provisions which may apply. e) The Planning Commission shall have the right to require any additional information, corrections, or control, deemed necessary for the protection ofthe public. The Planning Commission shall have the right to hire expert consultants, at the permittees' expense, to assist in the establishment of special restrictions for any Industrial Use. f) Every applicant shall be required to submit for approval of the Planning Commission a landscape plan providing for the planting of trees and other vegetation. g) Any use creating periodic earthshaking vibration shall be prohibited if undue vibrations are perceptible beyond boundaries of the property on which the use is located. This standard shall not apply to vibrations created during the process of construction. 52.3 3-7 ORDWANCE 52-Z0NrnG ORDrnANCE h) Any use requiring the storage, utilization or manufacture of products which could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply to the storage or usage ofliquid petroleu~ natural gas for normal residential or business use providing other performance standards are met. i) All activities that emit radioactivity shall comply with the minimum requirements of the Federal regulatory body. j) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals, similar liquids and hazardous substances shall comply with the requirements of the Minnesota State Fire Marshall, the Minnesota Department of Agriculture and other hazardous substance legislation by the Federal government. The user of such material shall have documents from the above offices that the use is in compliance. All existing above ground liquid storage tanks with a capacity of 2,000 gallons or more, shall comply with the requirements of the Minnesota State Fire Marshall's office within 12 months following enactment of this Ordinance. k) Screening, All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as determined by the Planning Commission. 1) Lighting. All lighting shall be hooded and no light may directly strike any streetJhighway or areas outside of the development. m) Stops, and Curbs~ Concrete-curb to B-612 specifications shall be used for all automobile stQps and for all drive and parking areas. n) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. 0) ~. All proposed business signs shall be an element of the Development Plan. All signs shall conform to the requirements of Subd. 11. p) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. 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. Upon the request of the Planning Commission the City Council wiIl.make the final determination on site plan approvaL The developer shall provide the following items to the Planning Commission and City Council for any development located in the LI - Light Industrial District: a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. 52.33-8 PLAN REVIEW REPORT - 1 The foUowing plan review report represents a comprehensive code record for the project outlined below. In addition, this report contains a compilation of current 2003 Minnesota Building Code violations and/or project specific conditions, which require plan revisions, corrections or further clarification by the proper design authority prior to construction authorization or permitting for this project. Please review Plan Review Report - 1 completely and respond to the Building Inspection Department by letter of verification, including (but not limited to) necessary, revised plan sheets or specifications, copies of relevant addenda(s), change orders, shop drawings, etc. Said correspondence must provide aU relevant and/or necessary information required to complete the plan review process and issue a Building Permit. Please respond as soon as possible. Date: July 10, 2005 Project Title: Midnight Haulers Addition Project Description: Construction of a 21,640 Sq. Ft. Addition Project Site Address: 828 19th Avenue NE Architectural Firm: Cole Group Architects Address: 216 Park Avenue South, Suite 102, St. Cloud, MN 56301 Contact Person: Norman E. Cole Phone: 320-654-6570 Fax: Structural Firm: Behlen Building Systems Address: PO Box 569 4025 East 23rd Street, Columbus, Nebraska, 68602-0569 Contact Person: Phone: 402-564-3111 Phone Fax: 402-563-7286 Contractor (General/Manager): Structural Buildings Address: 12926 1st Street, Becker, MN 55308 Contact Person: Boaz Erickson Phone: Fax: Office 763-261-4150 Ce1l320-250-8633 763-261-4414 Applicable Codes: 2003 Minnesota State Building Code & 2000 International Building Code 1 Plan Review Report -1, Continued; The contract documents for the project described above have been reviewed for substantial compliance with the 2003 Minnesota State Building Code. The foDowing nonstructural comments, based on the 2000 International Building Code, as amended by the 2003 Minnesota State Building Code, shall be resolved before construction authorization is issued. This pIau review report is a '4nonstructural" code analysis based on the current 2003 Minnesota State Building Code. Although every attempt has been made to identify "code issues" or "concerns" for proper and necessary change, the project designer(s), the building contractor(s) and the property owner(s) are ultimately responsible for providing complete code compliance and maintaining minimum construction standards for the safeguarding of life or limb, health, public welfare and property while constructing this project. Comments contained within this report shall not be construed to relieve from, lessen the responsibility, or grant authorization for work in violation of any laws or ordinances of this jurisdiction. Code Record Information Project Description: Construct a 21,640 square foot 1 story warehouse building addition. The existing building is approximately 43,000 square feet including 4, 000 square/eet of ~tfice. No work is being done to the existing warehouse or offices under this permit. . The warehouse is use to store canned carbonated sojtdrinks which are packaged and palletized The building addition is proposed as structural steel building with stmctural mainframe, wall purlins and roof girts. The exterior finish is steel panel. The construction type is classified as II-B. The occupancy is classified as S-2. Allowable BuUdin!! Area Occupancy Group: S-2/B. Total Allowable Building Area, Unlimited Section 507.1 Open Yard Area: >60 feet All Sides · Proposed Building Actual Area =21,640 SF Fully Sprinkled N Construction Type 11-B · Existing Building Actual Area =43,000 SF Fully Sprinkled N Construction Type ll-B · Total Actual Area = 64,640 Square feet. Occnpant Load Factor = 500 SF per Occupant Total Warehouse Occupant Load = 64640 / 500 = 130 Occupants General Comments: 1. The main job-site entrance must be posted with the project address so that it is clearly visible from the street. Said job-site address sign must be installed prior to the start of excavation and grading 2 for the project and must be maintained in place until final occupancy. Permanent address numbers must be installed on the front of the building for final occupancy inspection. [mC 502 and IFC 901.4.4] 2. In accordance with state law, prior to excavation or grading on any site, utilities must be located. Call Gopher State One Call as soon as possible to schedule utility locations for this site. Call Gopher State One Call at 1-800-252-1166. 3 . "No Parking - Fire Lane" signs must be installed as indicated on the approved plan. Verify exact location and count with the Building Official Said signage must be installed prior to the final occupancy inspection of this structure. [IFC 901.4] 4. The location and type of required fire extinguishers for this project must be verified with the Building Official. The fire extinguishers must be installed prior to fmal occupancy inspection of this structure. [IFC 1002] 5. Note that all plumbing plans, exterior site utility plans must be submitted to the Minnesota Department of Health, Plumbing Codes Division for separate review and approval. Said approval must be provided to the Building Official prior to issuance of a Plumbing Permit. Submit required plans to the MDH Plumbing Codes Division ASAP. 6. In an effort to better coordinate and serve our customers, a 24-hour notice inspection notice requirement has been implemented. When scheduling all inspections a minimum of a 24-hour notice is required. Please forward this information on to any and all affected building contractors for this project. 7. Special inspections agreement In accordance with me Chapter 17, a Special Inspections Agreement must be completed, signed and submitted to this office prior to permit issuance. Required special inspections must be determined by the appropriate design professional and the required third party inspection agencies must be contracted for said work. Submit a copy of a completed Special Inspections Agreement for review prior to issuance of building permit. [mC Chapter 17 and MSBC Chapter1300] 8. The Structural Erection Plans are very difficult to read. Provide details showing the structural steel connections and the method offastening. Submit new structural plans that readable and legible including the seal of a Minnesota licensed structural engineer. 9. Provide a soil report prepared by a Certified Soils Engineer to the Building Official for review and approval prior to the footing inspection. 10 . Provide a specification book if one exists. 11. St. Joseph City Ordinance 52.33 Subd. 9 (c) requires a minimum of25% of the exterior building finish directly facing streets shall consist of materials comparable to: face brick; natural stone; cultured rock; glass; vinyl; stucco; aluminum lap siding; cut blOCk; and concrete block whose surface must be treated with applied decorative texture or materials. The west and north elevations must comply with this requirement. 12. Provide a landscape plan. 3 13. Provide a revised parking plan. 14. Provide an electrical plan showing exit signs and emergency exit lighting. 15. Project must comply with all commitments made at June 6, 2005 Planning Commission meeting. See attachment. Accessibility Comments: 1. The site plan does not indicate the required Handicap Parking spaces and signage. Provide this information. Fire Code Comments 1. Provide details of the height of storage within the warehouse. Storage heights of 18 feet or greater may result in additional requirements of the International Fire Code. Plumbin2: & Mechanical Comments: 1. Provide two complete sets of Mechanical Plans to the Building Official for review and approval. Include the Fire/ Smoke Damper Locations if applicable. Enerf!V Code Comments: 1. An interior air barrier must be installed at all exterior wall and/or roof/ceiling membrane areas. The air barrier must be installed so that it is continuously sealed at all penetrations, including electrical boxes, plumbing penetrations, framed wall components and at the floors, walls and ceiling intersections of exterior walls and roof/ceilings. The air barrier must also be.sealed at intersections of all interior-exterior wall connections and interior-exterior wall and roof/ceiling interconnections. Provide details of the required interior air barrier at all exterior wall and roof/ceiling components per the energy code for review. [MSBC 7674] 2. Verify that required roofinsuIation will be installed at a thickness that meets the average minimum R-value of"R-22" per the energy code. [MSBC 7676.0700] 4 J~"/ f'~~&1M-~/;-~ ~~ Midnight Haulers - Development Plan Request: Midnight Haulers are proposing to construct a 21,000 sq. ft. warehouse addition to then: existing warehouse building. Jerry Hettwer, Hettwer Realty Services, was present at the meeting along with Dave Potter (tenant) and Don Harvey (owner). The engineer and contractor for the addition were also present. lIDs is the former Vie West Steel site and is located on the comer of 19tb Avenue NE and CR 133. Currently, the ware~use is 43,064 sq. ft. and the building total is 47,109 sq. ft. With the addition, there will be a total of 68,895 sq. ft. The warehouse sits on 6.39 acres of land Hettwer also added that sewer and water were added in late 2004. There were several comments made by the Building Official and the City Engineer. Hettwer addressed each of their comments. Building official comments: I. A six-foot high chain link fence is shown around the perimeter of the truck parking area. and circulation route along the east side of the building. The fence appears to be laced on the right of way line along Co. RD 133. Verify County setback requirements for fence along right of way. Hettwer stated that they went with what the Ordinance requires and that is 20'. Weyrens stated that they will need to verify with Steams County to make sure that the County doesn't have different setback requirements. 2. Off Street Parking Requirements: 1 space/ 500 sq. ft. floor area 8 spaces plus I space for each 2 employees on each shift - submit total planned employee count. Due to the size of the building, they are required to have 27 parking spaces; however, they have proposed 36 spaces. 3. Loading berths are required based upon the following tabular schedule of gross floor area of warehouse. While there appears to be loading berths provided, there are no specific details. The total number required has been estimated and is subject to change when more detail is provided. 5,000-16,000 s.f. - One berth 16,000-40,000 s.f. - Two berths 40,000-70,000 s.f. - Three berths 70,000--1,000,000 s.f. - Four berths Berths nmst be at least 50' x 10'. Three Compliant loading berths must be provided Code requires that they have three docks, however with the two additional above ground docks that they are building, they will have six. total. 4. Parking standards, SAC and WAC, etc are based upon gross S.F. of building. Please verifY and submit accurate building dimensions. For Review. Hettwer mentioned that the original square footage of the warehouse is 43,064 sq. ft. and combined with the office it is 47,109 sq. ft. The new total for the entire facility is 68,895 sq. ft. with 64,851 sq. ft. for the warehouse.' 5. A lock box is required to be installed on new building prior to issuance of the certificate of occupancy.. Hettwer stated that they are okay with installing a lock box. 6. The side yard setback adjacent to roadway shall be landscaped in accordance with protective covenants and such reasonable requirements as established by the Planning Connnission. 52.33 subd 6 (c). Provide landscaping details for setback along County Road 133. They stated that they intend to put 1 tree every 35' along 19tb Avenue except where the sign will be placed. They will do the same along County Road 133. Utsch stated that they should think about putting shrubbery around the sign and along the parking lot rather than trees. The Planning Commissioners suggested that they ask Scenic Specialties to help with the landscape design. 7. The parking lot in the SW comer encroaches into required front yard set back. Such encroachment is not permitted. 52.33 subd. 6(b). Redesign parking to comply with required 30' setback from property line. Hettwer stated that they wiUwork with the required 30' setback. He stated that it will be tight, but all 36 parking spaces should fit. 8. The parking lot on the north end of the building encroaches into the required 25' side yard setback. Modify parking to comply with setback requirements. They will move the parking lot 15'.- 9. Dry wells are considered as Class V injection wells by MPCA. Class V injection wells are prohibited. The dry well shown on the south side of the building must be eliminated. Hettwer advised the Council that the dry wells will be closed up and they will put dumpsters there instead. 10. Provide details of proposed sign for compliance review. Potter stated that they don't have a drawing of the sign right now, but it will be compliant with the Ordinance for signs. He plans to have a wolf and the lettering for the sign made out of aluminum. They will also have some landscaping around the sign. 11 - Provide details of how lawn areas shown on east side of the building are sustainable. They wil1 remove the lawn areas. 12. Existing unpermitted above ground fuel storage tank must be brought into compliance with building and fire codes for spill containment and setbacks from the building. Hettwer stated that the fuel storage tank will be removed from the site. 13. All parking and circulation isles, including existing slJI'fimes must be equipped with 86-12 curb and gutter. According to Hettwer, they will work with Engineering and comply. Engineering comments: 1. Class 2 parkin~ area (for semi truck/trailer) in NE comer of site may require a variance from bituminous surface requirement and curb and gutter requirement of Ordinance 52. I 0 Off Street Parking, Subd. 5 Parking Lot Standards (parking lot standards for industrial uses may be subject to variance or modification by the conditional use permit for the specific industrial use). Hettwer stated that they were thinking of putting in class 2 because of the trucks. The Planning Commission stated that they would like curb and gutter along the edges by the parking area to control weeds. 2. Provide curb and gutter around proposed bituminous parking lot in SW comer of site. Provide curb and gutter at driveway entrances. Maximum entrance width to be 36 feet per City Engineering standards. According to Hettwer, they do no inten4 to use this entrance; however they do want to keep it for future use. They will change the entrance to be 36' wide rather than 50' as it is currently. 3. Provide site pIan showing drainage patterns and elevations for parking lot, access road, etc. Show how surface water will be collected and routed to ponding area or storm sewer system. Ordinance 52.18 indicates the drainage plan should include surface water runoff flow direction (arrows sho~1ng drainage patterns and nm-off rate) and show how water will be conveyed rom the site and how surface water will be conveyed to storm sewer or ponding areas. The proposed size, alignment and intended use of any structures to be erected on the site shall be included in the site plan. 4. Runoff discharge may not exceed the capacity of the downstream storm sewer system. Parking lots and lawn areas may be used for temporary storage during the tOO-year storm event There must be a' 2-foot elevation difference between the high water level and the lowest structure opening. The site plan will need to show the drainage arrows. 5. Note number 8 on the site plan indicates the SWCD shall be contacted once facilities are installed and before site grading. The SWCD does not have jurisdiction for this site. 6. If lawn area indicated on the site plan is to be newly seeded lawn, the site fence shall also be installed behind the curb along the newly seeded lawn area. They will extend the silt fence to the south.. 7. Correct existing drainage problems at the north entrance. (i.e. ponding is occurring at the existing north entrance). This was already discussed 8. Describe/show how surface water runoff from north class 2 parking area will be managed to minimize erosion potential from the parking area into the ponding area to the west. Collect runoff from parking lot area in culvert or catch basin before routing to pond (i.e. do not sheet flow parking area into pond). Ekola advised Hettwer that they should construct a swayle down the east/west center of the parking lot with a catch basin area. 9. Topsoil stockpile noted on the site plan to be temporary (during construction) only? Hettwer stated that it would only be temporary. 10. The proposed bituminous parking area encroaches into the drainage and utility easement. Parking lots are not a permitted use/structure in easement areas. Ekola stated that the City recently authorized the EastlWest Corridor. As a result, there may be a shift of County Road 133. If the new road would encroach upon their property, they would be compensated. Graeve questioned the origination of the name of the company. Potter stated that they are available to serve their customers at all hours of the day. Bogart, Pederson & Associates, Inc. LAND SURVEYING CIVIL ENGINEERING MAPPING . fe~ J-o ~'fJ(~~ &Iz(~ DA TE: 1O~Jun-05 TO: City of8t. Joseph Attn: Judy Weyrens SUBJECT: Midnight Haulers Review Response Enclosed please fmd 5 full sized prints and one reduced print of the site plan for the proposed Midnight Haulers expansion. The Certificate of Survey for Existing Conditions remains unchanged. The following comments are in response to a review by City Staff dated 2 Jun 05: General Zoning Comments 1. The County was contacted regarding setback requirements along County Road 133. There are none. However, the proposed screened chain link fence location has been offset 18 feet from the right of way line to better accommodate clear zone requirements should future traffic volumes warrant. 2. Off street parking availability exceeds ordinance requirements. 3. Loading berth accommodations exceed ordinance requirements. 4. The initial submittal indicated a north~south dimension of the existing building of280.4 feet based on field survey. We are not certain how the 254.9 value in the review comments was derived. Mr. Hettwer has presented a correct tabulation of area values to the Planning Commission. 5. The lock box issue is to be addressed by the Owner.. 6. Landscaping features have been added to the plan based on the Planning Commission discussions. 7. The southwest parking lot has been re-designed to comply with setback requirements. 8. The north parking area has been re-designed to comply with setback requirements. 9. The dry well is to be removed. 10. The 0 woer has submitted sign details to the City. 11. The la wn areas have been removed. 12. The above ground fuel storage tank is to be removed. 13. B612 curbing has beeIudded to the plan. Engineering Comments 1. The Owner is arranging provisions for Class 2 surfacing with the City. Main Office: Becker 13076 First Street Becker. MN 55308 Phone: 763/262-8822 Toll free: 888/210-8301 Fax: 763/262-8B44 Maple Lake 311 Division Sl W. Box 249 Phone: 32Q!963-6900 l\f.aole Lake. MN 55 358 Fax: 3201963-6060 Waite Park Phone: 320/252.Q409 20n Frontage Road N. Ste. 12 Toll free: 888/251.Q409 Waite Park. MN 56387 Far.: 3201230-6859 2. Concrete curb & gutter has been added to the plan. A drafting error indicated the north entrance to be wider than the 36 foot maximum on the initial submittal. This has been corrected. 3. Drainage arrows and spot elevations have been added to the plan to better reflect the proposed drainage design.. . 4. There will be no significant increase in runoff to the downstream storm system resulting from this project. The proposed sediment basin off the north parking area has been designed to provide water quality control in accordance to NPDES Phase II requirements and runoff rate and volume control required for the additional impervious surface of this project. 5. The SWCD note has been removed. 6. The proposed silt fence installation has been extended. 7. A note to repair the drainage problem off the north entrance has been added. 8. The design of the proposed truck parking area has been modified to include a structure. The structure is detailed on the plan. 9. Section 52.18 of the Zoning Ordinance requires all stockpile areas be shown on the plan. The stockpile is to be temporary. 10. The location of the southwest parking lot has been revised. If there are any further questions or comments, please contact us. Respectfully, Bogart, Pederson & Associates, Inc. ~J T. Vander Eyk xc: Dave Potter Jeny Hettwer Main Office: Becker 13076 First Street Becker. MN 55308 Phone: 7631262-8822 Toll free: 888/210-8301 Fax: 763/262-8844 Maple Lake 311 Division St W. Box. 249 Phone: 320/963.0900 Maole Lake. MN 55358 Fax: 320.'963-6060 Waite Park Phone: 320/252..(J409 2077 Frontage Road N. Ste. 12 Toll free: 8881251-0409 Waite Park. MN 56387 Fax: 320/230-6859 · ACCESSIBLE ROUTE: MAX. 5.00% SLOPE WITH MAX, 2.00% CROSS SLOPE, MIN. 48" WIDTH.--- · MAX. 1 :12 StOPE THROuGH · CURB WITH MAX. 1:12 CROSS SLOPE, AT ACCESSlBLE CURB CUTS. -olE--- = _.. un. th ~.- Co Co ....----- Co ! ,/ .,-/ \ /,- /.... ! //'"..-__1' V/ · ALL DOOR LANDINGS: MAX. 2.00% SLOPE IN ANY DIRECTION. · ALL DOOR LANDINGS MUST BE FROST PROTECTED. · LANDING SIZE WilL VARY DEPENDING , ON D1RECnON OF APPROACH TO DOOR AND DIRECTION OF SWING OF DOOR. · NUMBER OF ACCESSIBLE ENTRANCES MAY VARY. · NUMBER OF ACCESSIBLE PARKiNG SPACES VARY DEPENDING ON TOTAL NUMBER OF PARKING SPACES. · HANDICAP PARKING SPACES; MAX. SLOPE OF 2.000/(, IN ANY DIRECTION. · ACCESS AISLES: MAX. SLOPE OF 2.00% IN ANY DIRECTION. l.l.i ~ t ~ . '-" 0% (.0:;2 ;0: ;c::: ;: 0... co u,..' r~ 1 ~ ......... <:: --- · S!GN_~GE filUST BE LOC.ATED !N THE CEr.JTER t..,'!' TH~ =PDNT fJF =ii<! (.... ,"'\ j. r, ~ ~" ,.t ;:.i ... Landry Consulting PO Box,5889, Breckenridge, CO 80424 www.LandrvConsultinq.net August 3. 2005 Project #: LC 071505-1 Project Description: Report based and preliminary 2000 IFC Code RevIew, specific to Chapter 23, High Pijed Combustible Storage for the "MIdnight Haulers" project In SI. Joseph, Minnesota Dear Mr. Wasmund, Inspectron Inc The following is an in depth fire code review of the reqUIrements related to "High Piled Combustible Storage", based on Chapter 23 of the 2000 IFC as amended by the State of Minnesota as it pertains to the "Midnight Haulers" project loc<ited at 8281 gth Avenue NE, St. Joseph, Minnesota This project Involves a proposed 21 .640 sq. ft. additIon to an approximate 43.000 sq. ft. existing warehouse structure The construction type is class H-B with an occupancy classification of 8-2 The commodity classification, based on the Information provided is determined to be Class I (2303.2) w~h a storage height of 15 feet of canned beverages (24 cans to a case) on pallets. Based on the information provided by your office which includes preliminary plans and a preliminary building code review along with a storage plan provided by the architect of record, my preliminary review indicates that in addition to the current State Building Code, all pertinent requirements of the 2000 IFe. Chapter 23. High Piled Combustible Storage, are applicable. When required by Table 2306.2. Fife Protection in accordance with the provisions of Chapter 9. "Fire Protection Systems" of the 2000 IFC shall be provided. Table 2306.2 General Fire Protection and life Safety Requirements (Pertinent Provisions) Commodity Class I.IV Size of High-Piied Storage .b.rea. sq. fi (see 2306.4) Class I 12.001 thru 500,000 sq ft. All Storage Areas Aulomat!c fire extingUIshing system (see 2306.4) Fire Detection (see 2306.5) Building Access (see 2306.6) Smoke and Heat Removal (see 23067) Curtain Boards (see 2306.7) ReqUlfed Not. R eq uired Required Required Required Solid Piled, Shelf and Palletized Storage Maximum Pile Dimension (feet) Maximum Permissible Storage Height (feet) Ma){imum Pile Volume (cubic ft.) 100 ft. 40ft 400.000 cu. It in addition to the Fire Protection requirementsldenlifled in Table 2306.2. the pertment provisions Identified in Section 2306.2, Genera! Fire Protection and Life Safety Features, shall also be provided. 2306.2 Extent and type of protection. Where required by Table 2306.2. fire detection systems, smoke and heat removal, curtain boards and automatic sprinkler design densities shall extend the lesser or 15 feet (4572 mm) beyond the high-piied stOiage area or to a permanent partition. Where portions of high-piied storage areas have different fire protection requirements because of commodity, method of storage or storage height, the fire protection features required by Table 2306.2 Within this area shall be based on the most restrictive design requirements. Note: Plans. Specifications and HydraulIC calculations must be submitted, reviewed and approved pflor to the installation of any fire protection system if you have any additional questions, piease contact me at (612\ 867-6833 or via e-mail at.LandrvConsults@aol.com Landry Consulting, PO Box 5889 Breckenridge. CO. 80424 Ph. 719836-3181 or612,867-6833 Fax719, 836-3185 e-mail.LandrvConsultstPaol.com 1 h) Signs: All proposed business signs shall be a element of the Development Plan. All signs shall coliform to the Section 52.14 Subd. 7 through Subd. 13 of this Ordinance. . Subd. 8: Development Plan Requirements., No building permit shall be issued until the Planning Commission approves the Development Plan to .determine that the use .and development is compatible with and complementary to adjacent land uses, and consistent with the stated intent of this zone. The developer shall provide the following items to the Planning Commission for any development located in the Highway 75 Business 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. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air -conditioning equipment. k) Landscaping material including the location, . type of plant and size. I) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. Section 52.23 - LI-LIGHT INDUSTRIAL DISTRICT. Subd. 1: 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-premise processing. These activities may include secondary commercial functions which are conducted on site. Subd. 2: Permitted Uses. The following use shall be permitted within the LI-Light Industrial District: a) Assembly plants and manufacturing enterprises that do not cause noxious odors or noise, including excessive users of water and sewer. b) Business incubator facilities. c) Electronic appliance assembly. d) Industrial research laboratories. 159 ;i e) . Manufacturing of small electrical parts and service. f) Newspaper and printing plants. g) Telecommunication facilities, base stations. h) Telemarketing and mail order establishments. i) Warehousing within the structure. j) Wholesale or distributor storage and distribution of non-hazardous materials. Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Light Industrial District and subject to the all the requirements in this Section: 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) Office accessory to the principal use. e) Business identification signs as regulated in Section 52.14. f) Temporary buildings for construction purposes for a period not to exceed a period of 12 months. Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance. a) Adult Entertainment as regulated in Section 52.14 Subd. 20 of this Ordinance. 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. 160 e) When property within a Light Industrial District .abuts County State Aid Highway 75: i) Motels ii) Gasoline service stations iii) Restaurant or supper clubs iv) Drive-in establishments v) Open sales or temporary rental lots Subd. 5: Lot Area Requirements. a) The lot area shall be the area of the recorded lot as filed with the Stearns County Auditor's Office. The lot area shall be identified by the developer and the Planning Commission shall determine the lot has sufficient area to allow the construction and still conform with the requirements of this Ordinance. Subd. 6: Setback Requirements. Front Yard Setbacks: a) Front yard setback shall be thirty (30) feet from the lot line. On comer lots, the setback from all lot lines abutting a street shall be thirty (30) feet. When an industrial district lot is separated by a city street, the setback from the lot line shall be one hundred (1 00) feet. b) Front yard boarding upon any roadway: the setback shall be landscaped as in accordance to the requirements of any applicable protective covenants and such reasonable requirements as established by the Planning Commission, and shall not be used for parking. Side Yard Setbacks: a) Side yard setback shall be at least ten (10) feet from the lot line. b) A Light Industrial District side yard adjacent to a residential boundary line shall provide for a landscaped strip of at least sixty (60) feet in width along the lot boundary line. A portion of this landscaped strip shall be planted to provide a screen. The governing body may require additional side yard setback 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) Front yard boarding upon any roadway: the setback shall be landscaped in accordance with any applicable protective covenants and such reasonable requirements as established by the Planning Commission. 161 ~ Rear Yard Setback: a) Rear yard setback shall be at least twenty (20) feet, which may be used for parking. Subd. 7: Height Requirements. a) No building constructed in any Light Industrial District shall be more than fifty-five (55) feet in height. Subd. 8: Performance Standards. a) Applicants for a permit to develop any industrial property in the City of St. Joseph shall be required to submit a complete and 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 impacts, as stated in Section 52.14 Subd. 19, which may be considered by the Planning Commission as detrimental to the health, safety, and general welfare. The Planning Commission may require any additional information, corrections or control deemed necessary for the protection of the public. b) Before the issuance of a building permit, buildings constructed in the General Business District must have a landscape plan approved by the Planning Commission. c) Before the issuance of a building permit, all buildings constructed, or undergoing exterior renovation or remodeling in the Light Industrial District must have the exterior finish design and materials approved by the Planning commission. Section 52.24: E E - EDUCATIONAL - ECCLESIASTICAL DISTRICT. Subd. 1: Intent. It is the intent of this district to provide for an area occupied by an educational and ecclesiastical institution. The institutions of the Order of Saint Benedict and the College of Saint Benedict predate the adoption of this Ordinance. In recognition of the historic significance and cultural, religious and educational function of these institutions. However, this section is meant to prohibit the use of land which would be incompatible with or detrimental to the essential character oflandadjoining the Educational - Ecclesiastical District. Subd.2: Permitted Uses. a) Convents b) Novitiates 162