HomeMy WebLinkAbout[04e] Request for Zoning Text Amendment
Council Agenda Item 4e
MEETING DATE: June 18, 2018
AGENDA ITEM: Request for Zoning Ordinance Text Amendment
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (5-0)
recommends approval of Zoning Ordinance 502, Section 502.54 Text Amendment with staff’s additions.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: Troy Decker, owner of Sam and Danni’s Pet Resort & Spa has
submitted a request to amend the zoning ordinance to allow Animal/Pet Boarding and Grooming as a
Conditional Use in the B-2 Highway 75 Business District. The B2 Highway 75 Business District is
intended to provide a mixed land use district near and adjacent to the Highway 75 corridor. Additionally,
the purpose is that development is pleasant, attractive and aesthetically pleasing. Uses allowed include
office, retail, and service businesses. The purpose of the request is to consider if animal boarding and
grooming is an appropriate use in the B2 District. The applicant has provided a narrative describing the
request and how it impacts the zoning ordinance and comprehensive plan.
Currently, the City of St. Joseph addresses animal/pet boarding under the definition of a kennel and a
commercial kennel is allowed as a Conditional Use in the Agriculture District. City ordinance defines a
commercial kennel as any place where three or more dogs over six months of age are boarded, bred
and/or offered for sale, except a veterinary clinic. Dog kennels shall be permitted only in areas
specifically zoned for such use. Veterinary Clinics are permitted in the B-2 Highway 75 Business District.
There are two veterinary clinics in St. Joseph, including St. Joseph Veterinary Clinic at 1722 MN St. E
and St. Joseph Equine Clinic at 809 CR 75 E. Both are located within the B-2 District. Additionally, the
St. Joseph Equine Clinic houses a pet boarding and grooming business in the front portion of the building.
Pet boarding has been located at this location for many years and does not include an outdoor run area.
The use is considered a legal non-conforming use since it was prior to an ordinance regulating such a use.
Staff researched the area communities and beyond to find out how other communities govern dog kennels
and/or animal/pet boarding and grooming. The following is an overview of findings:
St. Cloud
Commercial kennels are a permitted conditional use in their Agriculture and C-5 Highway Commercial
Districts. According to their definition, this would not include breading and sales of animals.
Commercial Kennels must be located at least 1,320 feet from any residential district. In the C-5
Commercial District, outdoor runs are prohibited.
Waite Park
Commercial kennels are a permitted conditional use in the Agriculture District. A Domestic Pet Care
Center is allowed in their Light Industrial District with established standards. A Domestic Care Center is
defined as business establishment that provides daycare, boarding, training, grooming, and indoor and
outdoor exercise area for cats and dogs, with limited retail of domestic pet products.
Sartell and Sauk Rapids
Commercial kennels are a permitted conditional use in the Agriculture District.
Elk River
Commercial kennels are a permitted conditional use in commercial districts provided the following
standards are met:
1. No long term boarding exceeding 30 days takes place.
2. No breeding for compensation or sale takes place.
3. The sale of animals shall not take place.
Minneapolis
Animal Boarding is defined as a facility or service where animals are kept or maintained (day or
overnight), for the care, training, exercising and/or socializing by a person other than the owner of the
animals for a fee. Animal boarding may include incidental grooming, dog walkers or training services.
Animal boarding does not include facilities that provide breeding of animals, selling of animals, or
facilities whose primary source of revenue is licensed veterinarian services. Animal boarding is a
permitted use in all of their commercial and industrial districts provided the following standards are met:
1. Outdoor animal runs cannot exceed two thousand (2,000) square feet in area.
2. Outdoor animal runs shall be fully enclosed with a minimum six (6) foot tall solid fence. The
run shall be maintained in a dust free, erosion controlled manner.
3. Outdoor animal runs shall be located no less than fifty (50) feet from any adjacent ground floor
permitted or conditional residential use.
4. Dogs shall be supervised at all times while in the animal run and any barking dogs shall be
immediately taken into the building.
A Comprehensive Plan is a guide on how the city wants to develop and redevelop so it is futuristic –
forward thinking. Zoning is a means for implementing a comprehensive plan, along with other tools i.e.
subdivision ordinance, capital improvement plan, etc. Therefore, when reviewing this request, your
decision should be based on future planning, including how it relates to the entire B-2 Highway 75
Business District. The Municipal Planning Act gives cities authority to regulate to protect the public
health, safety and welfare but it must be based on the Comprehensive Plan, be reasonable, and have a
rational basis for the regulation.
ATTACHMENTS: Request for Council Action
Application
Resolution 2018-028 Amending Ordinance 502, Section 502.54
Resolution 2018-029 Authorizing Summary Publication Ordinance 502
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolutions
2018-028 and 2018-029 amending Ordinance 502 and authorizing summary publication.
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City of St. Joseph
•.•�is>��i��,��,-,,►��.�,n Application for Zoning Amendment - Text
C[TY OF ST. JC)SEPH
APPLICANT INFORMATION:
Appl;�a„t Troy Decker - Sam and Dannis Pet Resort/Spa Inc.
Phone: �320) 980-2756 Ema;l: Troy@samanddannis.com
Ma;,;,,gAdaress: 955 40th Ave NE, Sauk Rapids, MN 56387
Prope,.ty oW„er: Joseph A. Leach
Phone: �320) 493-1021 Email: �O@.leach@riffcityguitar.com
Mailing Address: PO BOX �Z9, St. Joseph, M N
PROJECT INFORMATION:
Parce� �ctentif�ation�vumber(P�N): 84.53470.0225 t0 I'e-parCeled +/-3.0 Acres
Legal Des�r;pt;o„ofProperty: Lot 001 Block 001 of Buettner Business Park
Description of Request: NarratlVe /�ttaC�'1@C�.
Ordinance& Section Number of Proposed Amendment: Narl"atlV@ AttaCI1@CI.
Submission Requirements:
Application for a zoning text amendment shall be on this form and include the established application fee.A
complete application must be submitted three(3)weeks prior to the next Planning Commission meeting for
which you wish to be heard.The following materials must be submitted with your application in order to be
considered complete.
❑ Identification of the existing ordinance language proposed for Amendment to include:
■ Ordinance and Section Number
■ Existing Text of the Section
❑ Proposed Language for Ordinance Amendment. Identification of the proposed substitute wording for
the zoning text.
❑ Written Narrative describing your reason for requesting the text Amendment including:
■ How you would be impacted by the zoning text amendment?
■ How the text amendment meets the intent of the Comprehensive Plan?
■ How the text amendment will impact the zoning code?
■ How the text amendment will impact the subdivision code?
St Joseph Zoning TextAmendment Poge�1
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APPLICATION FOR ZONING AMENDMENT-TEXT
In accordance with the provisions of Minnesota State Statutes,the City Council may from time to time adopt
amendments to the zoning ordinance.An amendment to the zoning ordinance involves changes in its text and
wording, including but not limited to,changes in the regulations regarding uses, setbacks,heights,lot areas,
definitions,administrations,and/or procedures. Text amendments do not include the rezoning of property.
PROCEDURE
Review and Recommendation by the Planning Commission.The Planning Commission shall hold a public
hearing and consider oral or written statements from the applicant,the public, city staff,or its own members.
The Planning Commission shall review the zoning text amendment request and a recommendation shall be made
to the City Council to approve, disapprove or continue the application.
Review and Decision by the City Council. The City Council shall review the application after the Planning
Commission has made its recommendation. The City Council is the only body with the authority to make a final
determination and either approve or deny the application.
We,the undersigned,have read and understand the above.
--_ ---_
s= � 7-�g'
Signature of Ap icant Date
-liC � �/� � ��
ignature of Owner(if different than Applicant) Date
FOR OFFICE USE ONLY
Fee: $500 Paid ('����3��
Date application submitted: 5 ( t g" Date application completed:s ( �
Planning Commission Recommendation: Approved Denied Date of Action:
City Council Action: Approved Denied Date of Action:
Date Applicant/Property owner notified:
❖ Submit completed application to City Offices,75 Callaway St E,St.Joseph, MN 56374
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St.Joseph Zoning Text Amendment Page�2
City of St.Joseph
Application for Zoning Amendment-Text
Project Information:
Description of Request: Amend B-2 Business District zoning ordinance to permit Animal/Pet
Boarding, Grooming as a Conditional Use.
• A request to re-zone the Property from Industrial to B-2 Highway 75
Business District would be made at a later date,along with a
request for a Conditional Use Permit. The B-2 zoning complies with
the Land use plan of the Comprehensive Plan.
Ordinance&Section Number
Of Proposed Amendment: Ordinance 502,Section 502.54 B-2 Highway 75 Business District.
Subd.4: Conditional Uses.
Proposed Amendment under Subd.4: Conditional Uses, "Amend to add
item ("r")"Animal/Pet Boarding,Grooming and Spa."
Written Narrative describing your reason for requesting the text Amendment including:
• How you would be impacted by the zoning text amendment?
o If amended,Applicant would be able to expand current business operations to St.
Joseph, provide a needed service to residents and create new/add jobs to the local
economy.
o If amended, Owner would be able sell excess land to Applicant and explore an addition
to current facility.
• How the text amendment meets the intent of ihe Comprehensive Plan?
o Proposed Zoning to B-2 Highway 75 Business District is currently highlighted in the
Comp Plan 2011.
• How the text amendment will impact the zoning code?
o Text Amendment will pertain to the Conditional Use Section,which will ensure if future
use is requested,a separate application process with Planning&Zoning and City Council
must follow.
• How the text amendment will impact the subdivision code?
o In this case,text amendment will not impact subdivision code as Applicant seeks to
acquire excess property per building footprint.
Resolution 2018 – 028
Amendment to Ordinance 502 – Zoning Ordinance, Section 502.54
The City Council of the City of St. Joseph hereby ordains:
That Ordinance 502, Zoning Ordinance, Section 502.54 is hereby amended as follows:
Section 502.54: B-2 HIGHWAY 75 BUSINESS DISTRICT
Subd. 1: Intent. The Highway 75 Business District is intended to control the use and
development of land and improvements by creating a mixed land use district near and adjacent to
the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by
allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high-value
development in a manner similar to a planned unit development, taking full advantage of the
City’s highway location. It is also the purpose of the Highway 75 Business District that a
pleasant, attractive, and aesthetically pleasing environment be developed.
Subd. 2: Permitted Uses. The following uses are permitted:
a) Business Services
1. Banks
2. Office space
b) Food Services.
1. Grocery stores
2. Supermarkets
3. Restaurants, except drive-thru restaurants
4. Delicatessen
5. Bakeries whose product is sold at retail on premises
c) Personal Services.
1. Multiple Retail
502.54-1
2. Drug stores
3. Hardware stores
4. Book stores
5. Discount (‘Big Box’) retail stores
6. Retail apparel stores
7. Flower shops
8. Beauty shops and salons
9. Photography shops and studios
10. Funeral homes
d) Medical Services.
1. Medical clinics
2. Dental clinics
3. Veterinary clinics
4. Other institutions providing health care.
e) Movie and Performing Arts Theaters.
f) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs as regulated in this Ordinance.
c) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.
502.54-2
e) Fences, landscaping.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit of
as provided for in this Ordinance:
a) Animal/Pet Boarding, Training, Grooming and Spa provided that the following is
met:
1. The establishment provides services for domestic animals only, meaning
house pets such as dogs and cats.
2. Buildings must be sound controlled to protect other tenants within the
structure and neighboring structures and property.
3. Outdoor animal runs/exercise areas shall be located in the rear yard, be
fully enclosed with a six foot solid fence. Chain link and sheet metal
fencing is prohibited. The run/exercise area shall be maintained in a dust
free, erosion control manner.
4. Outdoor animal runs/exercise areas shall be located no closer than fifty
(50) feet to a residential use or district.
5. Dogs shall be supervised at all times while in the animal run/exercise area
and any barking dogs shall be immediately taken into the building.
6. Outdoor animal runs/exercise areas shall only be used during the hours of
7 am and 9 pm.
7. The use is subject to the noise ordinance.
8. No exterior kennels will be permitted.
9. There shall be no breeding and/or sales of animals.
b) Auto malls and/or automobile service and gas stations, provided that:
1. Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
502.54-3
3. Wherever fuel pumps are to be installed, pump islands shall be installed.
4. A protective canopy located over the pump island(s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
5. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
c) Office warehousing.
cd) Lawn and garden temporary sales area.
de) Lumber yards and home improvement retail centers.
ef) New or used auto dealerships.
fg) Stone building material sales and service.
gh) Recreational vehicle sales and services.
hi) Transportation terminals, public utility and transfer stations, without storage
yards.
ij) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
jk) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
kl) Hotels
lm) Motels
502.54-4
mn) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
no) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
op) Convenience Store with gasoline, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
4. Wherever fuel pumps are to be installed, pump islands shall be installed.
5. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
6. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
pq) Postal Stations
qr) Uses determined to be of a similar nature as those permitted under Subd. 2, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions Applicable to All Conditional Use Permits. The following
conditions are applicable to all uses under a conditional use permit:
a) When abutting a residential use in a residential use district, the property is
adequately screened and landscaped.
502.54-5
b) Parking areas shall be screened from the view of abutting residential districts.
c) Vehicular access points shall be limited, shall create minimal conflict with
through traffic movements, shall comply with all appropriate Chapters of this
Ordinance as may be amended and shall be subject to the approval of the City
Engineer.
d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall
be surfaced so as to control dust subject to the approval of the City Engineer.
f) The entire area shall have a drainage system subject to the approval of the City
Engineer.
g) The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
h) All outdoor storage shall be completely screened from view.
Subd. 6: Interim Uses: The following uses shall require an Interim Use Permit as
provided for in this Ordinance:
a) Farmers Market/Outdoor Market – a publicly or privately operated, open-air
establishment where agricultural or new or used projects are sold.
1. A site plan shall be provided illustrating that the location of the
temporary/seasonal market meets all required parking lot setbacks and all
other setbacks. The site plan shall be a scaled and dimensioned site plan
showing the layout of the entire market area including parking spaces for
the use, traffic patterns and stall areas.
2. Any temporary structure placed on the property for such sales must be
removed at the end of the selling season or sale. The size of a temporary
building shall not exceed 120 square feet per vendor.
3. The Interim Use Permit shall be obtained through the interim use
procedures set forth in this Ordinance.
b) Rental Units.
1. Residential units in areas that have been rezoned to commercial from
residential may be eligible for an Interim Use Permit as a rental unit for a
502.54-6
specific period of time. The maximum density for rental units under the
Interim Use Permit shall be limited to the density which is allowed in the
R-1 Single Family Residential District.
2. The Interim Use as a rental shall be obtained through the interim use
procedures set forth in this Ordinance.
3. In requesting such an interim rental use, the landowner agrees to any
conditions that the governing body deems appropriate for permission of
the use and agrees that the use will terminate at the designated date for
termination of the interim use.
4. Public hearings shall be held as set forth in this Ordinance.
Subd. 7: Setback Requirements.
a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet, except lots platted prior to 1950.
b) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
c) Front yard. Setback shall be twenty (20) feet from the lot line.
d) Side yard. Setback shall be ten (10) feet from the lot line. If the property’s side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 7(b) of this Section.
e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area. Maximum impervious surface coverage of all buildings, parking
areas, sidewalks and all other areas covered with impervious material shall not exceed seventy-
five (75) percent.
Subd. 10: Other Requirements.
502.54-7
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking 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 this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
c) Building Exteriors. All construction of new facilities, excluding additions to
existing facility constructed before this provision was adopted and the addition is
less than 50% of the square feet of the original building, 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 final 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. The
exterior building finish of thirty (30%) percent of all four sides of the structure,
exclusive of windows and doors, 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.
Accessory Buildings located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
e) Screening. All mechanical, heating, ventilation and air conditioning equipment,
and refuse storage areas shall be screened
f) Lighting. All lighting shall be hooded and no light may directly strike County
State Aid Highway 75 or areas outside of the development.
g) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all
automobile stops and for all drive and parking areas.
h) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
502.54-8
RESOLUTION 2018-029
RESOLUTION AUTHORIZING SUMMARY PUBLICATION
ORDINANCE 502-ZONING ORDINANCE
RECITALS:
WHEREAS, on June 18, 2018, the City Council for the City of St. Joseph amended the text to
Ordinance 502 – Zoning Ordinance, Section 502.54, entitled “B-2 Highway 75 Business District”; and
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and
WHEREAS, the intent of the amendments are to address changes within the zoning ordinance
related to adding a maximum impervious surface coverage, clarifying mechanical equipment screening,
and adding animal/pet boarding, training, grooming and spa as a permitted conditional use provided
specific criteria are met.
WHEREAS, the full text of the amended Ordinance is available at the St. Joseph Government
Center, 75 Callaway Street East or on the City website, www.cityofstjoseph.com.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 18th day of June, 2018, by a vote of ____ in favor and ____ opposed.
CITY OF ST. JOSEPH
By ______________________________
Rick Schultz, Mayor
By ______________________________
Judy Weyrens, Administrator