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HomeMy WebLinkAbout[08] Public Hearing - Caribou Coffee Variance & CUP Requests Council Agenda Item 8 MEETING DATE: September 16, 2019 AGENDA ITEM: Public Hearing, Caribou Coffee –Variance & Conditional Use Permit SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (4-2) recommended approval of the variance and recommended denial of (3-3) of the conditional use permit. PREVIOUS COUNCIL ACTION: On May 20, 2019, the St. Joseph City Council approved to move forward with the sale of the City owned property and in June 2019, the City entered into a purchase agreement with the developer. On August 5, 2019, the St. Joseph City Council denied the variance and conditional use permit requests and on August 19, 2019, they approved to reconsider both the variance and conditional use permit applications and hold a public hearing on the matters. BACKGROUND INFORMATION: Jon Fahning and Tom Opatz LLC, applicant and developer are proposing the development of a Caribou Coffee with outdoor patio seating and a drive-thru on the property th owned by the City of St. Joseph located on the southeast corner of CSAH 75 and CR 133 (12 Ave SE), east of Scherer Trucking. The City owned parcel is a .64 acre +/- lot that was acquired as a result of right of way th needed to the west for 12 Ave. SE several years ago. The applicant is requesting approval of a variance to the buffer setback requirement adjacent to residential use properties. The City requires a minimum buffer setback of 15 feet from the property line where adjacent to residential. The applicant is proposing to be six feet from the southerly boundary property line, therefore, requesting a variance of nine feet. Secondly, the applicant is requesting approval of a conditional use permit to allow for a drive-thru coffee shop. The property is guided for Corridor Commercial and zoned B-2 Highway 75 Business District and within the Transportation Overlay District. A coffee shop is a permitted use in the B-2 District and a drive-thru is a permitted conditional use. A variance may be granted if enforcement of a zoning ordinance provision on a particular property would cause the landowner practical difficulties as defined by MN State Statute 462.357. The applicant must satisfy the statutory three-factor test for practical difficulties. The practical difficulties factors and applicant responses are included in their attached application. Public Testimony: The Planning Commission held a public hearing on July 29, 2019. Several residents spoke at the public hearing voicing concerns with access, traffic, noise, lighting, and privacy. Prior to the public hearing, Community Development Director Therese Haffner received an email from Venna Tschida (attached) and a call from Cynthia Ringling, 1308 Minnesota St. E, St. Joseph MN who shared concerns with traffic and access and is opposed to the project Neighborhood Meeting: The applicant initiated and hosted a neighborhood meeting on August 27, 2019 where eight residents attended, along with City staff, Administrator Kris Ambuehl and Community Development Director Therese Haffner, and Stearns County Engineer Jodi Teich. The applicant presented their development and listened to concerns from residents regarding traffic, public safety, lighting, and screening. ATTACHMENTS: Request for Council Action Public Hearing Notice May 20, 2019 Concept Plan presented to City & related emails Engineering Memos Venna Tschida Email 7/29/19 Planning Commission Minutes (Variance & CUP Section) 8/5/19 City Council Meeting Minutes (Variance & CUP Section) Variance and Conditional Use Permit Applications Alta Survey and Site, Landscaping and Building Elevation Plan 9/16/19 Applicant’s Presentation Resolution 2019-051 Approving Variance Resolution 2019-052 Approving Conditional Use Permit Resolution 2019-054 Findings of Fact Supporting the Denial Resolution 2019-055 Findings of Fact Supporting the Denial REQUESTED COUNCIL ACTION: Authorize the Mayor and City Administrator to execute Resolution 2019-051 Approving the Variance and Adopting Findings of Fact and Resolution 2019-052 Approving the Conditional Use Permit and Adopting Findings of Fact. or Authorize the Mayor and City Administrator to execute Resolution 2019-054 Adopting Findings of Fact supporting the Denial of the Variance and Resolution 2019-055 supporting the Denial of the Conditional Use Permit. From:Jon Fahning To:Therese Haffner;Judy Weyrens Cc:"Tom Opatz" Subject:Re: St. Joseph Property - Approval Process Date:Monday, July 1, 2019 12:58:43 PM Thanks, Therese! Understand but unfortunately, with the requirements of MNDOT (stormwater and current drainage), the county (driveway alignment), and the utility line easement and access, it almost makes this site un-developable. We are going in with the most efficient site as possible and not how anything else could go on to this site. If we can’t get through, it may make this site unsellable for the City. Glad to investigate other avenues you may have. Thanks! Jon Fahning Developer/Primary Broker – Minnesota and Arizona 763.331.4964 cell usdevguy@gmail.com email Excuse my brevity and spelling errors...sent from my phone! From: Therese Haffner <thaffner@cityofstjoseph.com> Sent: Monday, July 1, 2019 12:46 PM To: Jon Fahning; Judy Weyrens Cc: 'Tom Opatz' Subject: RE: St. Joseph Property - Approval Process I think a variance on the south side will be challenging. Therese Haffner Community Development Director City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 Phone: 320.229.9424 www.cityofstjoseph.com From: Jon Fahning \[mailto:usdevguy@gmail.com\] Sent: Monday, July 1, 2019 11:28 AM To: Therese Haffner <thaffner@cityofstjoseph.com>; Judy Weyrens <jweyrens@cityofstjoseph.com> Cc: 'Tom Opatz' <tom.opatz@hilltophealthcc.com> Subject: Re: St. Joseph Property - Approval Process Thanks, Therese! Yes, due to the electrical lines, easement, and the clearance based on the heights, along with the MNDOT drainage in place and storm water requirements, it forced us to push the building, parking, and drive lanes to the south. The variance being requested will be for the landscape buffer to be 6’ vs. 15’ (9’ variance) which we will be installing landscape to provide screening and noise buffering between the residential properties and the drive lane. The main drive thru lane and menu boards will remain on the northern end of the site. Let me know your thoughts. Thanks!! Jon Fahning Developer/Primary Broker – Minnesota and Arizona 763.331.4964 cell usdevguy@gmail.com email Excuse my brevity and spelling errors...sent from my phone! From: Therese Haffner <thaffner@cityofstjoseph.com> Sent: Monday, July 1, 2019 9:34 AM To: usdevguy@gmail.com; Judy Weyrens Cc: 'Tom Opatz' Subject: RE: St. Joseph Property - Approval Process The concept plan that was shared with us had proposed a variance from the northerly lot line. Is this not the case? What are you proposing for a buffer from the residential? Therese Haffner Community Development Director City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 Phone: 320.229.9424 www.cityofstjoseph.com From: Jon Fahning \[mailto:usdevguy@gmail.com\] Sent: Monday, July 1, 2019 9:29 AM To: Therese Haffner <thaffner@cityofstjoseph.com>; Judy Weyrens <jweyrens@cityofstjoseph.com> Cc: 'Tom Opatz' <tom.opatz@hilltophealthcc.com> Subject: RE: St. Joseph Property - Approval Process Thanks, Therese! We are working to get everything assembled for both site plan submittal and variance/conditional use thth permit by Friday, July 5 as the submittal is due Monday, July 8. Worst case, will drop off Monday AM. We have been coordinating with both MNDOT and Stearns Electric on the site layout and the attached seems to address everyone’s concerns, along with solving for the tenant’s requirements. The variance anticipated will be for the setback of the landscape buffer the southern property line. The conditional use permit will be for the drive thru. MEMORANDUM TO: Therese Haffner, Community Development Director FROM: Randy Sabart, PE City Engineer DATE: July 23, 2019 RE: Caribou Coffee, St. Joseph, Minnesota Site Plan Review SEH No. STJOE GEN G185 14.00 I reviewed the Civil plans dated July 5, 2019, from Bogart, Pederson & Associates, Inc. and have the following comments: Site, Utility, Grading, Drainage, Erosion Control, and Detail Plans 1. Sheet C-1 indicates the incorrect building service pipe sizes. See attached record drawing. 2. Sheet C-2 indicates incorrectly that removal of potential personal property encroachments on the lot are subject to enforcement by the City. The City would typically not enforce such encroachments, and it would be a matter for the property owners to resolve. 3. The developer shall submit the site plan to the Stearns County Highway Department for review and th Ave (CR133) and determination of any required acceptance. Issuance of an access permit to 12 improvements to CR 133 will be made by Highway Department staff. 4. Pedestrian ramp construction within the public right of way shall reference MnDOT standard plan 5- 297.250. 5. Verify applicability of the side yard setback distance to the proposed trash enclosure (6 ft vs. 10 ft). 6. The proposed business sign is located in the public drainage and utility easement and must be relocated. Verify setback requirements and CSAH 75 Transportation Corridor Overlay requirements. 7. The Planning Commission should define any screening requirements for adjacent residentially zoned property to the south. 8. It appears from the submittal that no overhead light is provided at the entrance at CR 133. Considering the location and traffic near the entrance, consideration should be given for requiring an overhead light. 9. See the attached memo for hydrology/hydraulic review comments. 10. City Standard construction detail plates shall be referenced for municipal utility construction and improvements within the public rights of way. 11. The submittal did not include a project manual or specifications. Please submit for site Civil utility work. 12. See attached drawing mark-ups/comments rjs/mrb Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is 100% employee-owned | sehinc.com | 320.229.4300 | 800.572.0617 | 888.908.8166 fax 2019 Caribou Coffee July 23, 2019 Page 2 c: Judy Weyrens, City of St. Joseph Terry Thene, City of St. Joseph \\\\sehsc\\projects\\pt\\s\\stjoe\\common\\general numbers\\g185 2019 caribou cabin dev\\1-genl\\14-corr\\m city site plan review 072319.docx MEMORANDUM TO: Randy Sabart, PE FROM: Nathan Warner, PE (Lic. MN) DATE: July 19, 2019 RE: Caribou Coffee, St. Joseph – Bogart, Pederson & Assoc SEH No. 113189 14.00 I have reviewed the Caribou Coffee Drive Thru submittal dated 7/8/19 for the proposed construction activities located on County Road No. 133 and County State Aid Highway No. 75 in St. Joseph. The following comment pertain only to the drainage and erosion control design: 1. HydroCAD Model: a. Update drainage areas to include off-site drainage to site. Provide drainage area figure. b. Due to the site configuration, adjust the model to calculate separate runoff for each CN instead of using a composite CN. c. Update distribution to MSE-3 2. BMP Design: a. Pre-treatment measures must be designed and installed upstream of the infiltration BMP. Pre-treatment should be designed based on the Minnesota Stormwater Design Manual. A description of the pretreatment should be included in the stormwater management plan and shown in the plans. b. The infiltration rates must be verified by field-testing at the BMP location prior to construction for design purposes and after construction is complete for verification of design values. A safety factor of 2:1 must be applied to the field tested infiltration rates for design. Field test results shall be provided to the City upon request. At the City’s discretion, the Minnesota Stormwater Manual design infiltration rates may be used in lieu of field testing for design, verification field-testing will still be required after construction is complete. c. Permanent stormwater facilities shall provide adequate maintenance access. A 20-foot wide access lane from a nearby street and a 20-foot wide access shelf around the permanent stormwater facility shall be provided. The access lane and access shelf shall have a 20:1 or flatter cross slope. 3. Grading and Drainage Notes should include specific requirements to protect the infiltration basin during construction, including but not limited to: Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax Caribou Coffee Page 2 a. Infiltration basin shall not be excavated to final grade, or within 3 feet of final grade, and runoff and sediment should be kept completely away from the areas until the contributing drainage area has been constructed and fully stabilized with dense and healthy vegetation. b. Once excavated within three feet of final grade, the infiltration basin shall be staked off during construction to prevent equipment or other vehicles from compacting the soils. c. Only low impact track equipment should be used within the infiltration area. d. The in-situ soils located below infiltration areas should be scarified to a minimum depth of 12- inches. 4. Prior to project approval, an operation and maintenance agreement meeting the standards of section 10.0 of City of St. Joseph Stormwater Management Design Standards must be signed by the City and BMP owner. NJW From:Venna Tschida To:Therese Haffner Subject:Caribou Coffe Date:Monday, July 29, 2019 4:28:18 PM Good afternoon, Ms. Haffner. I am writing this message to you as a resident of the Cloverdale neighborhood to express some concerns I have about the proposal of a Caribou Coffee on the corner of 12th Ave SE and County Road 75. I am unable to make it to the meeting for the discussion on this topic. First, this is already a high-traffic intersection that is still under construction. I understand this will be completed soon, but I feel that with another business at that intersection traffic flow will be impeded, particularly around peak commute times and when trucks are going in and out of Scherer and Sons. Second, there are a lot of neighborhood residents who walk and bike around this area, both in the neighborhood and to and from the Lake Wobegon Trail, especially children. A busy coffee shop on this corner would put the safety of our residents at risk and also take away from the "small town" atmosphere my neighborhood provides. Finally, this seems like an inopportune location for this business, given that there is a Caribou Coffee located inside the Coborn's right across the street. A business that close to our residents' homes may also impact property values, thus impacting their decisions to move in or out of our community. Thank you for your time, -- Venna Trettel vrtschida@gmail.com 320.260.7693 Total Control Panel Login To:Message Score: 40High (60): Pass thaffner@cityofstjoseph.com My Spam Blocking Level: MediumMedium (75): Pass From: vrtschida@gmail.com Low (90): Pass Block this sender Block gmail.com This message was delivered because the content filter score did not exceed your filter level. July 29, 2019 Page 3 of 6 Public Hearing, Conditional Use Permit -Batzer Second Addition/Astech Corporation:Haffner stated the conditional use permit request was toallow for the storage of equipment and aggregatematerial on Outlot A. Dullinger opened the public hearing for the Conditional Use Permit request. Will Huston, Westwood Professional Services: Huston stated the requestis to extend their outdoor storage as the property owner has outgrown their existingspace. As no one else present wished to speak, Dullinger closed the public hearing. Haffner stated that the ordinance requirestrees on the berm along the perimeter of the property. Hausmann made a motion adopting the findings of fact and recommending to the City Council approval of the conditional use permit with the conditions as established in the conditional use permit resolution. The motion was seconded by Theisen and passed unanimously by those present. Public Hearing, Variance Request –Caribou Coffee:Haffner stated a variance and conditional use permit request from John Fahning and Tom Opatz LLC was submitted proposing the development of a Caribou Coffee on the property owned by the City of St. Joseph located at the southeast corner of CSAH 75 and CR 133, east of Scherer Trucking. The applicant has requesteda nine (9) foot variance. The City requires a minimum setback of fifteen (15) feet from the property line where that property is adjacent to residential. Dullinger opened the public hearing for the variance request. Haffner received a phone call from Cynthia Ringling, property owner at 1308 MN St E who wasopposed to the project citing safety and traffic concerns. An email was also received from Venna Tschida. Her email stated the intersection is a high trafficarea and adding another business to the intersection would impede traffic flow. Tschida added the coffee shopat the intersection would put the safety of the residents at risk and take away from the small town atmosphere. Lastly, Tschida indicated that therewasa Caribou Coffee located in the Coborn’s Store across the street. John Fahning, 2485 Acorn Run, Victoria: Fahning, the applicant, stated there wasa purchase agreement between the City and developer for the property. The building would be a drive-thru only building. The property has a number of challenges in order to develop it. Joel Ostendorf, 1215 MN St E: Ostendorf shared concernswith the traffic at that intersection and someone hitting his house. Al Brandenburger, 1315 MNSt E: Brandenburger shared the he has owned his home for forty-five (45) years and over the years there has been increasing traffic due to new businesses on the northern side of CSAH 75. Brandenburger added that the request wasto only have a six (6) footbuffer from the neighboring residential properties. If the project was approved, Brandenburger requested a fence and additional buffering/landscapingto minimize the impacts of having a business that close to residential properties. Another concern was theadditional traffic at that intersection. Janice Mensinger, 1307 MN St E: Mensinger stated her partner was riding his bike and he was almost run over. Mensinger shared her concern about the lack of privacy that will be created by the construction of the Caribou. Creating more traffic will result in more accidents. Mensinger believes the lot is too small for a Caribou; however, if it does get passed she would like to have input on the types of barriers that go along the southern side of the property. Mensinger questioned where the snow will go in the winter. July 29, 2019 Page 4 of 6 Jane Reber, 1314 MN St E: Rebersaid that she has owned her home since 1956 and shared concerns with the traffic and accidents that could occur in that intersection. Reber shared concerns with the stacking of the vehicles into and out of the Caribou Coffee. Al Kalla, 1302 MN St E: Kalla asked if there was a traffic study completed near that intersection. There was an accidentthat occurred recently and there will be more if the Caribou is approved. Kalla stated he lives on the corner and observes the traffic every day. Mensingerasked how the home values would be affected by the Caribou coming in. Cindy Ringling, 1308 MN St E: Ringling was present in support of her neighbors’ concerns. Ringling asked if there was any outdoor seating as theplans appearto show more thanthe operation of just a drive-thru building. Ringling questioned the outdoor parking. Tom Opatz, applicant,responded that the proposal was just for a drive-thru and the parking was for employees. As no one else present wished to speak, Dullinger closed the public hearing. Haffner stated the ordinance requires a fifteen (15) foot setback and the applicant is requesting a nine (9) foot variance. Stearns Countyhas approved access off of County Road 133. Hausmann asked for an estimated trip generation during peak hours of operation. Fahning stated a traffic study was not completed. Caribou did a traffic count and the counts fell within what was allowed by the County. Additionally, the site plan was designed to allow for the optimum amount of car for stacking. Sabart presented an exhibit showing trip generation for a coffee shop with a drive-thru and no indoor seating. Nine different sites were sampled. The trip generation ranged from ten (10) trips per hour to sixty (60) trips per hour. Hausmann stated a developer hasthe right to purchase and develop the property, even if it isn’t ideal. Hausmann added it is reasonable to require the developer to put in a fence along the southerly boundary of the property where it abuts residential properties. Olson said he believes the parcel shouldn’t be developed due to traffic concerns. Schaefer stated the fencing should be a requirement of the variance request. The property is zoned commercialandthe access has already been approved by the County. Dullinger believes the request is a reasonable use of the property and there are extenuating circumstances as to why the variance request was submitted. Looking at the site plan, Dullinger stated the developer has used every square inch of the property as best as they could. Dullinger made a motion to adopt the findings of fact and recommend approval to the City Council of the variance of nine (9) feet along the southern property line. The motion was seconded by Hausmann. Discussion: Hausmann stated the variance should require the developer to construct a maintenance free fence along the southern property line. Dullinger made a motion to amend the previous motion to state the following: adopt the findings of fact and recommend approval to the City Council of the nine (9) foot variance along the southern property line contingent with the conditions as established in the resolution and upon the installation of a maintenance free fence eight (8) feet in height. The motion was seconded by Hausmann. Aye: Theisen, Dullinger, Hausmann, SchaeferMotion Carried: 4-2 July 29, 2019 Page 5 of 6 Nay: Olson, Ross Public Hearing, Conditional Use Permit Request –Caribou Coffee:Haffner reported that the conditional use permit was to allow for a drive-thru coffee shop. A coffee shop is a permitteduse and a drive-thruisa permitted conditional usein the B-2zoning district ordinance Dullinger opened the public hearing for the Conditional Use Permit request. Mensinger stressed her concerns about the noise that will be generated from vehicles using the drive- thru. Fahning stated the site was drafted to have the drive-thru on the northern side of the property, away from the residential property. Fahning added the traffic noise from CSAH 75 will probably be louder than the drive-thru. Margaret Kalla, 1302 MN St E: Kalla shared concernsabout the traffic and having the access so close to the street light intersection. As no one else present wished to speak, Dullinger closed the public hearing. Dullinger stated the city did not request the applicant to conduct a traffic study and asked if the city could request of that of the applicant. Sabart responded that Stearns County did not request a traffic impact study and that portion of the road is within the County’s jurisdiction. Additionally, the developer’s proposed access is where the County had required. Ross asked if there wasa way to force the applicant to conduct a traffic impact studyat the site. Ross wasconcerned about the access proximity to the intersection. Ross added that cars are stacked six cars deep at some points waiting at the stoplight. Sabart stated there would be no room for a median in the intersection due to Scherer Trucking th having their access onto 12Avenue SE as well. Modeling with vehicle movement could be completed th which analyzes the amount of traffic turning onto 12Ave SE from CSAH75. Dullinger stated that noise complaints should be directed to the City. Dullinger made a motion adopting the findings of factcontingent with the conditions as established in the resolution, amending condition 1 to include an eight foot height fence along the southern and eastern boundaries of the property and recommending to the City Council approval of a conditional use permit for a drive-thru coffee shop. The motion was seconded by Theisen. Discussion: Olson stated he was concerned about the location of the projectand does not see how the increased traffic will be beneficial to the area. Aye: Theisen, Hausmann, SchaeferMotion Failed: 3-3 Nay: Olson, Dullinger, Ross Reasons for Denial: Olson stated there are massive trafficissues at that intersection and the use isnot harmonious to the area. Dullinger stated the drive-thru is detrimental to the general welfare as it is hazardous to vehicular and pedestrian traffic. Ross also stressed traffic concerns as his reason for denial. Haffner stated the Planning Commission is a recommending body and their recommendations will go to the City Council for approval or denial on August 5, 2019. August 5, 2019 Page 3 of 5 Caribou Coffee, Varianceand Conditional Use Permit:Haffner stated the applicant, Jon Fahning, and developer, Tom Opatz LLC, have proposedthe development of a Caribou Coffee on the property owned by the th City of St. Joseph located on the southeast corner of CSAH 75 and CR 133 (12Ave SE), east of Scherer Trucking. The City owned parcel is a .64 acre +/-lot that was acquired as a result of right of way needed to the th west for 12Avenue SE several years ago. The applicant requestedapproval of a variance to the buffer setback requirement adjacent to residential use properties. The City requires a minimum setback of fifteen (15) feet from the property line, whereas the applicant proposeda six (6) foot setback, a variance of nine (9) feet. Haffner reported that secondly, the applicant requestedapproval of a conditional use permit to allow for a drive- thru coffee shop. The property is guided for Corridor Commercial and zoned B-2 Highway 75 Business District and a coffee shop is a permitted use. The drive-thru is a permitted conditional use. The Planning Commission recommended approval of the variance by a vote of 4-2 and recommended denial of the conditional use permit by a vote of 3-3. Haffner received concerns from residents regarding access, traffic, noise, lighting, and privacy. Loso made a motion authorizing the Mayor and Interim City Administrator to execute Resolution 2019- 051 adopting findings of fact and approving a variance to the minimum buffer setback requirement in a business district. The motion was seconded by Schultz. Aye:Loso, GorackeMotion Failed: 3-2 Nay:Theisen, Buckvold, Schultz Discussion: Buckvold stated she has traffic concerns and determined the proposal hassafety concerns. Buckvold asked for clarity whether the Council has a choice on whether to approve the requests based on public opinion. Sabart stated the Council does have a choice to approve or deny the requests. The decision can be based on whether the proposal is an appropriate use for the land. Additionally, access in and out of the property is limited as an access will not be granted alongCSAH 75. The access proposed isconsistent with what would be required by the County as it would be the only one allowed based on property location. Sabart added the County did not require a traffic impact study as the amount of the increase in traffic did not warrant it. Sabart shared trip generation by use for a coffee/donut shop with drive-through window for nine (9) locations. The trip generation ranges fromten (10) trips per hour up to sixty (60) trips per hour. For the proposed site, there is enough room to have sixteen (16) cars stacked at one time and that there would be adequate room on site to accommodate the trips per hour. Theisen visited the site and believes the site will be atraffic and safety nightmare. John Fahning, Applicant: Fahning approached the Council to remind them that the topic at hand waswhether to approve the Conditional Use Permit request for a drive-thru and not on access to the property. Janice Mensinger, 1307 MN St E, St. Joseph, MN: The proposed Caribou would be to the north or her residence. Mensinger has safety concerns about having the location so close to a busy intersection. Duane Hanes, 1307 MN St E, St. Joseph, MN:Statedhe spoke to the staff at the Stearns County Engineer’s Office and they had agreed there aretraffic concerns with the access location. Hanes questioned whether the removalof the trees on the property wasnecessary. Reasons for Denial: Buckvold stated she hastraffic and safety concerns with the site. Buckvold added the variance would not in harmony with the general purpose and intent of Ordinance 502. The variance would be detrimental to or endanger to public health, safety, and general wellnessof the neighborhood. The variance would cause hazard to existing or future neighboring uses, in particular to residential and pedestrian traffic. Schultz stated the variance would alter the character of the neighborhood because it affects the shrubs and trees in the area. : Jovanovich stated the Conditional Use Permit should still be Caribou Coffee, Conditional Use Permit Request acted upon even thoughthe variance request was denied. August 5, 2019 Page 4 of 5 Schultz made a motion to deny the Conditional Use Permit Requestbased on the following findings: 1) The conditional use will be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood or City, and 2) The conditional use will have vehicular approaches to the property that will create traffic congestion or will interfere with traffic or surrounding public thorough- fares. The motion was seconded by Theisen and passed unanimously. Discussion: Buckvold questioned whether part of the property is being shared by the City and abutting residents. Fahning stated the residents that back up to the property wereactually using part of the land that belongs to the City. Fahning added the challenge with the site includedtwo county roadways, utilities, and stormwater management. A variance wasneeded somewhere in order to develop the site. In working with the Planning Commission, discussions were had regarding the developer providing a buffer along the southern side abutting residential properties. : Buckvold made a motion to have Pam Whitmore attend and Committee Reports, Personnel Committee present at a joint Council/City staff meeting the roles and responsibilities of the Council and staff before the end of the year. The motion was seconded by Loso. Aye: Theisen, Goracke, Buckvold,LosoMotion Carried: 4-1 Nay: Schultz Buckvold made a motion to have the personnel committee and City Attorney Susan Kadlec conduct an exit interview with the previous Administrator Judy Weyrens within the next thirty (30) days. The motion was seconded by Schultz and passed unanimously. Haffner stated the personnel policyand wage compensation study hadbeen completed and a special City st , 2019 would be held to review. Council meeting on August 21 Loso asked whether the Council wouldbe privy to theresults of the exit interview. Jovanovich stated it would be private data. The council wouldbe able to view it, but it matters how the information wouldbe viewed. Jovanovich added that private data can be discussed at an open meeting, but the Council will need to be careful on how it is discussed. Department Reports, Engineering:Sabart reported the MN St Trail improvement iswrapping up with lighting and punch items being completed. The 2019 Street Improvement project will begin in a couple of weeks. : Haffner reported staff and a Department Reports, Community Development/Interim City Administrator representative of Trobec’s Bus Service met with the Stearns County Finance Committee to request tax abatement. The request was denied; however, there is still the opportunity to present the request to the Stearns th County Board of Commissioners at their August 20meeting. Trobec’s and city staff met with the finance committee for ISD# 742andthe request will be presented to the School Board on August 20th. The School Board will call a public hearing to be held on September 4th. th The new City Administrator Kris Ambuehl will start on August 12. th . Dollar General plans to begin construction on August 12 :Bartlett stated staff has been workingon the 2020 budget. At the next meeting Department Reports, Finance thedraft budget items will be presented for review. The finance department is also working on finishing up liquor licensing and rental inspections. Bartlett has been working with area cities on the half-cent sales tax allocation as the numbers were off at the beginning of the year. St. Joseph is receiving a slightly higher allocation than in 2018. Lastly, the Finance Technician position has been filled and the new employee will start th August 12. Department Reports, Police Department: Pfannenstein reported that the department waswrapping up field training for their newest officer, Anthony Milostan. Permits for events have been applied forandwill be staffed th appropriately. Lastly, August 6is national night out and there are three registered parties in the City that have invited the Police and Fire Departments to attend. 3900 Lakebreeze Ave N Brooklyn Center, MN 55429 DATE ISSUEDDRAWN BYCHECKED BYJOB NO.PROJECT LOCATION: Caribou Coffee Company ST. JOSPEH, MN 20' LEGEND: SCALE: 1" = SITE NOTES RESOLUTION 2019-051 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A VARIANCE TO THE MINIMUM BUFFER SETBACK REQUIREMENT IN A BUSINESS DISTRICT. WHEREAS, Jon Fahning and Tom Opatz LLC, developer and applicant, have properly applied for a variance to the minimum buffer setback requirement established in St. Joseph Ordinance 502 for the property legally described as follows: Lot 1, Block 1 of SRM, according to the recorded plat thereof, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on July 29, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby adopts the following Findings of Fact supporting a variance to the minimum buffer setback requirement: 1. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 2. That the Subject Property is zoned B-2 Highway 75 Business District and within the Transportation Overlay District. 3. That City Ordinance 502 requires a business development where it abuts a residential district or use to have a protective strip of not less than 15 feet in width established as a buffer zone. 4. That John Fahning and Tom Opatz LLC, hereinafter referred to as “Applicant,” properly applied for a variance from the minimum buffer setback requirement for a drive lane/aisle access along the southerly boundary of the Subject Property where it abuts residential use. 5. That the variance is consistent with the St. Joseph Comprehensive Plan. 6. That the variance is in harmony with the general purpose and intent of the Ordinance. 7. That the Applicant has established that there are practical difficulties in complying with the zoning ordinance. 8. That the variance is reasonable given the lot size and configuration, topography, and overhead utility lines located on the northerly boundary of the Subject Property, therefore, limiting the buildable area. 9. That the property is unique given the lot size and configuration, topography, access location requirement, and existing overhead utility lines limiting the buildable area. 10. That the variance will not alter the essential character of the neighborhood given the variance is for the drive lane access and year-round screening with conifer trees and shrubs will planted along the southerly boundary of the property where it abuts residential use properties. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on Findings of Fact, a variance of nine (9) feet to the minimum buffer setback requirement on the Subject Property is hereby granted along the southerly property boundary. 2. That an eight (8) foot high maintenance free privacy fence be installed along the southerly and easterly property boundary with coniferous trees planted along the inside of the fence to provide year-round screening. 3. Any shrubs and/or trees that die shall be replaced within the current or next growing season. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 16th day of September, 2019. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Kris Ambuehl, City Administrator RESOLUTION 2019-052 A RESOLUTION ADOPTING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF HAVING A DRIVE THRU COFFEE SHOP. WHEREAS, Jon Fahning and Tom Opatz LLC, applicant and developer have properly applied for a conditional use permit for a drive thru coffee shop on the property legally described as follows: Lot 1, Block 1 of SRM, according to the recorded plat thereof, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on July 29, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 29, 2019, the St. Joseph Planning Commission reviewed the proposed conditional use permit and recommended denial of the request for a conditional use permit to the City Council based on following Findings of Fact: 1. That the conditional use will involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have not been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 3. That Jon Fahning and Tom Opatz LLC, hereinafter referred to as “Applicant,” properly applied for a conditional use permit to allow for a drive-thru coffee shop. 4. That the Applicant appeared before the St. Joseph Planning Commission for a public hearing pursuant to City Code on July 29, 2019 and that said public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 5. That the land use plan for the Subject Property is Corridor Commercial and the proposed use is in compliance with the land use plan of the Comprehensive Plan of the City. 6. That the Subject Property is zoned B-2, Highway 75 Business District and a drive-thru coffee shop is a permitted Conditional Use. 7. That the menu board is approximately 50 feet at it closest point from the southerly boundary of the property where it abuts the residential; therefore, the conditional use will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood and will be harmonious to the to the objectives of the Comprehensive Plan of the City. 8. That the conditional use will not involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 9. That coniferous trees will be planted along the southerly boundary where it abuts residential; therefore, the conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with character of the area and is not hazardous or disturbing to existing or future neighboring uses. 10. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. th 11. That the Subject Property is located on the southeast corner of CSAH 75 and CR 133 (12 Ave. SE). Stearns Country is the road authority and has reviewed and approved the proposed access point at CR 133. 12. That the proposed parking lot will provide sufficient off-street parking, stacking and loading space to serve the proposed use. 13. That the conditional use will not result in the loss or damage of natural, scenic or historic feature and the soil conditions are adequate to accommodate the use. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on the aforementioned Findings of Fact, a conditional use permit (“Permit”) to allow for a drive-thru coffee shop on the Subject Property is hereby granted. 2. That site plan approval be obtained prior to application and issuance of a building permit. 3. That the Applicant is responsible for meeting all Federal, State, Local, and City requirements and obtaining any and all permits and licenses. 4. That an eight (8) foot high maintenance fence shall be placed along the southerly and easterly boundary and coniferous trees shall planted along the inside of the fence and be a minimum of eight (8) feet high at full maturity to provide sufficient screening. 5. That the menu board and speaker shall be located no closer than 50 feet at its closest point to the southerly property line and the menu speaker shall be directed/angled toward CSAH 75 and therefore, away from the southerly boundary. 6. Any shrubs and/or trees that die shall be replaced within the current or next growing season. 7. That all lighting shall deflect away from adjacent properties, be down directed, full-cut off or hooded and not exceed .4 lumens at the property lines. Decorative lighting is permitted. 8. Revocation: The City Council shall revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. A certified copy of an order of the City revoking a conditional use permit shall be filed with the County Recorder for recording. 9. Expiration: If within one (1) year after issuance of granting a conditional use permit the use permitted has not started, then the permit is null and void, unless the City Council has approved a petition for an extension. The conditional use permit shall expire if the authorized use ceases for any reason for more than one (1) year. 10. The City Administrator and/or his/her designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 16th day of September, 2019. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Kris Ambuehl, City Administrator RESOLUTION 2019-054 A RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE DENIAL OF A VARIANCE TO THE MINIMUM BUFFER SETBACK REQUIREMENT IN A BUSINESS DISTRICT. WHEREAS, Jon Fahning and Tom Opatz LLC, developer and applicant, have properly applied for a variance to the minimum buffer setback requirement established in St. Joseph Ordinance 502 for the property legally described as follows: Lot 1, Block 1 of SRM, according to the recorded plat thereof, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on July 29, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby adopts the following Findings of Fact supporting the denial of a variance to the minimum buffer setback requirement: 1. That John Fahning and Tom Opatz LLC, hereinafter referred to as “Applicant,” properly applied for a variance from the minimum buffer setback requirement for a drive lane/aisle access along the southerly boundary of the Subject Property where it abuts residential use. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Subject Property is zoned B-2 Highway 75 Business District and within the Transportation Overlay District. 4. That City Ordinance 502 requires a business development where it abuts a residential district or use to have a protective strip of not less than 15 feet in width established as a buffer zone. 5. That the purpose of Ordinance 502 is to promote and protect the general public health, safety, morals, comfort and general welfare of the inhabitants of the City of St. Joseph, to provide adequate privacy, to promote the character and preserve and enhance the stability of properties and area within the City, and to fix reasonable standards to which buildings, structures and land shall conform for the benefit of all. 6. That the variance is not in harmony with the general purpose and intent of the Ordinance to provide adequate space for screening and buffering between commercial and residential use properties. 7. That the Applicant has not established that there are practical difficulties in complying with the zoning ordinance. 8. That the variance is not reasonable given the proposed proximity to the lot line abutting the residential properties would be six feet, including but not limited to lacking adequate space for fence and proper width planting of coniferous trees, therefore, not providing adequate privacy. 9. That the variance of nine feet will alter the essential character of the neighborhood given the variance is significant providing a setback of six feet along the southerly boundary of the property where it abuts residential use properties. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 16th day of September, 2019. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Kris Ambuehl, City Administrator RESOLUTION 2019-055 A RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE DENIAL A CONDITIONAL USE PERMIT FOR THE PURPOSES OF HAVING A DRIVE THRU COFFEE SHOP. WHEREAS, Jon Fahning and Tom Opatz LLC, applicant and developer have properly applied for a conditional use permit for a drive thru coffee shop on the property legally described as follows: Lot 1, Block 1 of SRM, according to the recorded plat thereof, Stearns County, Minnesota. “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the conditional use permit on July 29, 2019, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and WHEREAS, on July 29, 2019, the St. Joseph Planning Commission reviewed the proposed conditional use permit and recommended denial of the request for a conditional use permit to the City Council based on following Findings of Fact: 1. That the conditional use will involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have not been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby makes the following Findings of Fact: 3. That Jon Fahning and Tom Opatz LLC, hereinafter referred to as “Applicant,” properly applied for a conditional use permit to allow for a drive-thru coffee shop. 4. That the Applicant appeared before the St. Joseph Planning Commission for a public hearing pursuant to City Code on July 29, 2019 and that said public hearing was properly advertised, and the minutes are hereby incorporated as part of these findings by reference. 5. That the land use plan for the Subject Property is Corridor Commercial and the proposed use is in compliance with the land use plan of the Comprehensive Plan of the City. 6. That the Subject Property is located on the southeast corner of CSAH 75 and CR 133. Stearns County is the road authority and has reviewed and approved the proposed access point at CR 133. 7. That according to the City Transportation Plan, CR 133 is classified as a Minor Arterial roadway. 8. That the Subject Property is zoned B-2, Highway 75 Business District and a drive-thru coffee shop is a permitted Conditional Use. 9. That City Ordinance 502 has established findings that the City Council must make to grant a Conditional Use Permit. 10. That due to the proximity to intersections, including CSAH 75 and Minnesota Street East, there is a lack of vehicle stacking space on CR 133 and impact on turning movements for the proposed conditional use; therefore, the conditional use will be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood or City. 11. That the conditional use will not be harmonious to the objectives of the Comprehensive Plan of the City, including the mobility and transportation section of the Comprehensive Plan, Goal 1: Improve Transportation Framework, Strategy 1.6 Limit direct access to major thoroughfares in order to maintain safe and efficient roadway operations. 12. That the conditional use will not have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thorough- fares. 13. That adequate utilities and services, including utilities, streets, drainage and other necessary facilities have not been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 19th day of August, 2019. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Kris Ambuehl, City Administrator