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Home My WebLink About03.08.21 www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363-0342 St. Joseph Planning Commission Monday, March 8th, 2021 6:00 PM **The meeting will also be offered through Zoom** 1.Call to Order 2.Pledge of Allegiance 3. Agenda Review and Adoption 4. Approve Minutes – Feb. 8th, 2021 5.New Businessa. Public Hearing Ordinance amendments – wetland setbacks and curbing requirementsb.Public Hearing Ordinance amendments – fences, and accessory structuresc. Public Hearing Ordinance amendments – outdoor diningd.Public Hearing, Variance application wetland setback – MN Home Improvements e.Public Hearing, Variance application parking material/curbing requirements – MN HomeImprovements 6. Old Businessa. Knife River – Final Plat request 7.Other Businessa.Site Plan ordinance amendments (Zoning ordinance 502.12 Subd. 14)b.PC Training – March 15th @ 2:30PM 8. Adjourn ZOOM INFORMATION Join Zoom Meeting https://zoom.us/j/95821182317?pwd=SU5BbGY5M1RxU0FTNVZDOVJQUEhaQT09 Meeting ID: 958 2118 2317 Passcode: 161911 One tap mobile +13126266799,,95821182317#,,,,*161911# US (Chicago) +19292056099,,95821182317#,,,,*161911# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) Meeting ID: 958 2118 2317 Passcode: 161911 Find your local number: https://zoom.us/u/aeF4rO6u07 11 February 08, 2021 Page 1 of 4 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met on Tuesday, February 8th, 2021 at 6:00 PM. in the St. Joseph City Hall opening with the Pledge of Allegiance. Planning Commission Members Present: Commissioners Mike Osterman, Chad Hausmann, Anne Jarrell, Carmie Mick, Community Development Director Nate Keller Members Absent: Gina Dullinger, Brian Theisen, Mike Ross Approval of the Agenda: Jarrell made a motion to approve the agenda. The motion was seconded by Mick and passed unanimously by those present. It was confirmed that there were no other Commission members present via Zoom. Approval of the Minutes: Hausmann noted to make a change to the Accessory Structure discussion in paragraph four to update the word other to new when referencing the input of new Planning Commission members. Hausmann made a motion to approve the amended minutes of January 11th 2021. The motion was seconded by Jarrell and passed unanimously by those present. New Business a. New Member Introductions Keller acknowledged the two new Commission members and asked that they introduce themselves. Mike Osterman and Carmie Mick introduced themselves to the Commission members. b. Public Hearing, Variance application wetland setback – MN Home Improvements c. Public Hearing, Variance application parking material/curbing requirements – MN Home Improvements Keller updated the Commission on items 5b and 5c on the agenda. The applicant provided a written notification to Staff requesting that the public hearing for the variance application be pushed to the March meeting. Keller advised the Commission on the process. He stated that Chair should open the public meeting since there was a notice of the public hearing published and notice was provided to adjacent property owners. Hausmann verified with Keller that if there was anyone present at the meeting or via Zoom, they could speak since this was an open meeting. Keller confirmed that was true and further explained that written comments could also be provided at the next meeting. Hausmann opened the public hearing at 6:09 PM regarding agenda items 5b and 5c. He made a statement that the public hearing is open and would continue at the March 8th regularly scheduled Planning Commission meeting at City Hall and via Zoom at approximately 6:00 PM. d. Ordinance amendments – wetland setbacks and curbing requirements Keller explained the drafted amendments for wetland setbacks and curbing requirements. Keller stated that the objective was to gain direction from the Commission on recommended changes and feedback on the language with the goal that the changes could be brought forth to the next Planning Commission meeting. Keller highlighted the ordinance changes. Section 502.19: LAND, WOODLAND AND WETLAND PRESERVATION Keller explained that there is currently a 75-foot setback for driveways and the current code allows buildings to be setback 50 feet. The change would be to make the driveway areas consistent with the building setback at 50 feet. Section 502.10: OFF STREET PARKING 22 February 08, 2021 Page 2 of 4 Keller stated that some exemptions have been inserted pertaining to curbing requirements. He asked for feedback and suggested that if the Commission supports them they could potentially be brought forth at the next meeting with a public hearing. Jarrell asked why Section 502.19 was created with the references to 75 and 50 feet. Keller uncertain of reason and explained that in his experience it was abnormal. He shared that in other communities they may have buffers in place. He speculated that it could be due to extra pollutants and run off on driveways. He shared that there were a variety of other approaches to mitigate those impacts. Jarrell inquired if the county had wetland setbacks similar to St. Joseph. She asked about the standards used for layouts for businesses in the newly annexed township industrial park. Keller did not know the setback criteria for the county, and did confirm that the placement of the buildings would have depended on when they buildings were constructed and the language for county regulations at that time. They would have been required to conform to county regulations. Jarrell expressed some hesitance to make a change to 50 feet now if 75 feet was the standard for driveways elsewhere. Keller shared that he believed that 75 feet for a setback was more stringent as a standard as compared to most cities, mentioning that in Sartell it is 20 feet. Hausmann followed stating that he believed the new language allowed for protection for wetlands while permitting developments to move forward. His opinion was that the new language provided some flexibility allowing for a 50-foot setback if they had curb and gutter to direct pollutants and run off to a spot to pretreat it before goes into a wetland. Jarrell believed that if a 75-foot setback was stringent, she was on board with making the changes to the ordinance clearer. Mick asked if this ordinance pertained to industrial zoning or any type of parking lot in any zone. Keller replied that the way it was written now it was not tied to any zoning district. The current language pertains to any wetland. Jarrell mentioned she liked the additions to Section 502.10, particularly as they pertain to porous pavement. Mick asked about the use of class 2 gravel as it relates to future developments. She suggested adding verbiage to allow for flexibility pertaining to the use of class 2 gravel, stating that some of the recently annexed locations may only have the class 2 gravel at this time. Keller stated that there were lots of approaches and ways to go about adding that kind of language in. Language could be added that parking spaces need to be hard surfaced minimally, however circulation and unloading areas could potentially be allowed to use other options. Hausmann asked if other cities have wording that allows for different material to be used for front facing and circulating areas. Jarrell said she was open to add language for materials such as class 2 gravel to allow flexibility and for the reasons she sited earlier regarding permeable surface. Jarrell asked if the requirement for paving was about aesthetics or maintenance. Hausmann said that per MPCA guidelines, gravel is considered impervious. Keller believed that part of the intent behind the code had to do with creating a lot of dust, debris and tracking. He suggested that adding language that limits the amount of alternative materials like class 2 gravel so as not to create dust and tracking on the street. Hausmann followed with an example of how a body shop could be greatly impacted by a neighboring business having a large driveway made of material like class 2 gravel. Keller said that Staff will review requirements of other cities and craft appropriate language to bring to a future meeting. 33 February 08, 2021 Page 3 of 4 Keller summed up the discussion by verifying that the Planning Commission was in agreeance to the language in Section 502.10 (curbing) as well as that in Section 502.19 (wetlands) with the understanding that additional language could be explored for exemptions as they relate to gravel. Hausmann asked if actions needed to be taken. Keller advised actions be taken on the proposed ordinance amendments in order to bring them back for a public hearing in the next meeting. Jarrell made a motion to approve the language the Commission agreed upon with the additions regarding Section 502.10, 5b and 5d and Section 502.19, subsection 4a. The motion was seconded by Mick. The motion was then passed unanimously by those present. e. Outdoor dining/sidewalk café ordinance Keller stated that the intent of this discussion was to look at how the ordinance language reads, to create flexibility, and to streamline the process. The language in Section 502.22 defines outdoor dining versus a sidewalk café. The Commission discussed the prohibition of plastic and glass materials as it related to safety, maintenance and aesthetics. The prohibition of plastic was debated as it pertained to the quality and weight of the plastic. The Commission recognized that there is higher end plastic outdoor furniture available and that is not in the current language. Keller was asked if the intention to limit picnic tables in the front of the businesses was deliberate. They are allowed in the rear and on the side. Keller verified that the intention of this was to present a more cohesive aesthetic that looks more permanent and reflects formal dining. The outcome of the discussion was that the Commission agreed that the new language addressed the needs for safety and for uniformity in the aesthetics. They also agreed that it may be best to keep the language simple for the business owner and the City. Keller added that there is a plan for a pilot program for a parklet this spring. This brought some questions from the Commission regarding how the parking spaces would be used in front of the business and how safety would be addressed. Keller explained that the parklet would be in the two parking spaces in front of Local Blend. This would provide added outdoor seating and would have a wooden barrier and planters on the outside. The only access to the parklet would be from sidewalk; it is effectively an extension of a sidewalk café. There would be five feet of space from the parklet to the edge of parking space so a buffer would exist between the parklet and the vehicles that are parked closest to it. Keller stated that the parklet language would be considered as an future amendment to Section 502.22 regarding outdoor dining and sidewalk cafes and is just a discussion item right now. The Planning Commission agreed to bring forth formal amendments to Section 502.22 at the subsequent meeting. f. Comprehensive Plan Compliance – Sale of Property 84.53843.0005 Hausmann announced that the Staff recommendation for this agenda item is to approve the Resolution finding the property sale in compliance with the Comprehensive Plan. Keller stated that this parcel used to be the old Fire Hall and Village Hall. The Planning Commission is tasked with ensuring that disposal of these two buildings complies with the Comprehensive Plan. The current zoning of the parcels is B-1 Central Business District and the land use plan within the Comprehensive Plan guides future land use at the property as Central Business District. Staff finds that disposal of them would be in conformance to the Comprehensive Plan. 44 February 08, 2021 Page 4 of 4 Jarrell asked if this was home to the St. Joseph Historical Society and the food shelf in the past. Keller said the building was vacant at this time and the food shelf has found a new location. The garage space at this property is being leased until early July. Jarrell made a motion to approve Resolution 2021-004 Finding the Disposal of Real Property in Compliance with the Comprehensive Plan. The motion was seconded by Mick. The motion was then passed unanimously by those present. Old Business a. Fence Ordinance Keller updated the new Commission members that the updates to the ordinance were meant to create consistency, clarity and set the expectation on the process for applicants. Commission members asked about the new language in relation to: annexed properties, pool requirements, grandfathered fences, exposing of more than one property pin, and placement. The Commission suggested adding language that acknowledging fences for properties that were annexed in 2019 as well as revising the word “reconstructed” to make it clearer or defining the word “reconstructed’. b. Accessory Buildings Keller shared that in the last meeting sample language was reviewed. The current code is restrictive on detached structures. Keller said the new language is meant to be more flexible without promoting excessively large structures in residential areas. Keller mentioned that there is not any clear-cut standard or consistent language among our neighboring communities. Keller also shared that language was added to the ordinance that addressed the material used for construction of sheds that are 100 square feet or less. The Planning Commission was in favor of the drafted language with the addition of a few minor adjustments. Keller said staff will bring back a final draft next month and conduct a public hearing. This way the revisions are made prior to the spring permitting season. c. Student Liaison Keller updated the new Commission members on this. The Commission was in support to move forward on adding a non-voting student liaison to the Commission. Other Business Keller shared that on Tuesday, March 23rd at 5:30 p.m. an all-Board, all-Commission meeting will occur with the City Council. Adjourn: Jarrell moved to adjourn the meeting at 7:08 PM. The motion was seconded by Osterman and the motion carried. Nate Keller Community Development Director 55 Planning Commission Agenda Item 05a MEETING DATE: March 8th, 2021 AGENDA ITEM: 05a Public Hearing – Ordinance amendments for: Parking lot standards Wetland setbacks SUBMITTED BY: Community Development STALL RECOMMENDATION: Staff recommends approval of proposed ordinance amendments. PREVIOUS PLANNING COMMISSION ACTION: The proposed ordinance amendments were discussed at the February Planning Commission meeting. Generally, the Commission was supportive of the proposed changes. The Commission also asked about gravel and if exceptions could be made or what other ordinances existed to allow gravel (in other communities). Staff has not provided sample language to allow gravel at this time. BACKGROUND INFORMATION: Proposed ordinance – wetland setback For your consideration, is a draft ordinance amendment reducing the wetland setback to 50 feet for drive and parking areas to be consistent with the building setback. This setback will provide the needed buffer for drainage and to filter stormwater before the wetland. 50’ setback is a larger setback distance then many of the communities in the surrounding area have. For example, the city of Sartell has a 20’ or 30’ setback for driveways (distance depends on the size of the wetland). Proposed ordinance – parking lot standards Staff has drafted an ordinance amendment to allow exceptions to curbing requirements if certain criteria are met. One of the main reasons for curb and gutter is for stormwater collection and runoff and to create consistent aesthetic standards. The proposed language allows the city to provide exemptions in certain situations and allows the city to place conditions on a project if an exemption is granted. The overwhelming majority of properties will still be required to curb but this language allows some departure if unique conditions warrant exploring the exemption. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Ordinance doc – parking lot standards Ordinance doc – wetland setbacks REQUESTED PLANNING COMMISSION ACTION: 1. Open the public hearing for parking lot standards 2. Provide a recommendation on the proposed ordinance for parking lot standards 3. Open the public hearing for wetland setbacks 4. Provide a recommendation on the proposed ordinance for wetland setbacks 66 ORDINANCE NO________ AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE REGARDING OFF STREET PARKING LOT STANDARDS CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA The City Council of the City of Saint Joseph does ordain as follows: Purpose and Intent: The purpose of this ordinance amendment is to amend Section 502.10 Subd. 5 Section D and E “Parking Lot Standards” and renumber the remaining sections Amendment: 502.10 Subd. 5 Section D-N are hearby amended as follows: d) Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. Concrete curbs to MnDOT Design B612 specifications shall be used for all automobile stops and for all drive and parking areas. Following a review by city staff, curbing requirements may be waived if any of the following conditions are met: 1. The city engineer has determined sheet drainage over ground would improve storm water quality. 2. Where an adjacent future development phase excluding future parking would be built that would result in the removal of the curbing. 3. The parking lot will be porous pavement, along with the installation and maintenance of rain gardens or infiltration features. 4. The City Engineer finds the area can be reasonably serviced by an alternative storm water structures/facilities and infiltration. 5. The development application illustrates that: a. Reasonable visual separation from adjoining properties, streets, and sidewalks is provided and maintained through the employment of alternate treatments such as landscaping or striping; or, b. The site is subject to a unified design/development that contains joint parking or public parking facilities. 6. The city may place conditions on properties allowed a waiver. Conditions can include but are not limited to: landscaping, buffering, stormwater control. e) For the purpose of promoting redevelopment of property, parcels within the Central Business District may be exempted from perimeter curbing requirements provided: 1. The City Engineer finds the area is reasonably serviced by area storm water structures/facilities. 2. The development application illustrates that: i. Reasonable visual separation from adjoining properties, streets, and 77 sidewalks is provided and maintained through the employment of alternate treatments such as landscaping or striping; or, ii. The site is subject to a unified design/development that contains joint parking or public parking facilities. e) 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. f) 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. g) 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. h) A parking space shall be at least nine feet wide by twenty feet long (9’x 20’). In areas where the parking space may accommodate for the overhang of the front or rear bumper, such as the perimeter of the parking lot, the parking space may be a minimum of nine feet by 18 feet (9’x 18’). i) Parking Lot. Parking lot dimensions are set forth in the table below. Circulation patterns shall 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 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0 60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0 75 deg 1-way 9' 18.5' 17.5' 22' 59' 57.0 60 deg 1-way 9' 18.0' 16.5' 18' 54' 51.0 j) Drainage and Surfacing. 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. k) Striping. All lots for five (5) or more vehicles shall have the organization of 88 spaces painted on the surface according to the plan approved by the City. l) Circulation. Lots shall be so designed that internal circulation shall be available without utilizing the public street. m) 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. n) Lighting. 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. Effective Date: This ordinance amendment shall be in full force and effect from and after passage and publication according to the state law. Repeal: This ordinance shall repeal all ordinances inconsistent herewith. ______________________________________________________ Rick Schultz, Mayor _______________________________________________________ Therese Haffner, City Administrator 99 ORDINANCE NO________ AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE REGARDING WETLAND SETBACKS FOR DRIVEWAY AND PARKING AREAS CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Section 502.19 Subd. 4 Section A and B “Regulation of Activities Adjacent to Wetlands” and renumber the remaining sections Amendment: 502.19 Subd. 4 Section A-B are hearby amended as follows: Section 502.19: LAND, WOODLAND AND WETLAND PRESERVATION Subd. 4: Regulation of Activities Adjacent to Wetlands. a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings, and the construction or maintenance of paved driveways or areas designed for parking of vehicles or trailers. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. b) The following activities shall be subject to a 100 foot setback from wetlands: 1. The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. Effective Date: This ordinance amendment shall be in full force and effect from and after passage and publication according to the state law. Repeal: This ordinance shall repeal all ordinances inconsistent herewith. ______________________________________________________ Rick Schultz, Mayor _______________________________________________________ Therese Haffner, City Administrator 1010 Planning Commission Agenda Item 5b MEETING DATE: March 8th, 2021 AGENDA ITEM: Fence ordinance Accessory structure ordinance SUBMITTED BY: Nate Keller, Community Development Director STAFF RECOMMENDATION: Staff recommends approval of the ordinance amendments. PREVIOUS PLANNING COMMISSION ACTION: Previously Planning Commission asked staff to research potential revisions to the fence and accessory structure ordinance. Brief discussion was had at the last two meetings and the Commission recommended the drafts be brought back at this meeting with public hearing. BACKGROUND INFORMATION: The fence ordinance amendment is meant to: clarify the application and inspection process Eliminate unnecessary and redundant language Clarify fence placement requirements The accessory structure amended ordinance is meant to: Create consistency between city code language and other applicable codes (building, fire, etc.) Clarify and eliminate redundant language Provide less restrictive options as it relates to maximum size requirements for detached buildings. ATTACHMENTS: Drafted fence ordinance language Drafted accessory structure ordinance language REQUESTED PLANNING COMMISSION ACTION: 1. Staff requests opening the public hearing on the fence ordinance 2. Staff requests a recommendation on the drafted amendments for fences (after closure of public hearing) 3. Staff requests opening the public hearing on accessory structures 4. Staff requests a recommendation on the drafted amendments for accessory structures (after closure of public hearing) 1111 ORDINANCE NO________ AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH FENCE ORDINANCE CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 506 Amendment: Ordinance 506 are hearby amended as follows: ORDINANCE 506 FENCE ORDINANCE ............................................................................ 506-1 Section 506.01: APPLICATION .................................................................................... 506-1 Section 506.02: PURPOSE ............................................................................................. 506-1 Section 506.03: PERMIT ................................................................................................ 506-1 Section 506.04: FENCE HEIGHT .................................................................................. 506-2 Section 506.05: FENCE MATERIALS .......................................................................... 506-2 Section 506.06: FENCE PLACEMENT 506-42 Section 506.07: LIVING FENCES ................................................................................. 506-4 Section 506.0: BORDER FENCE OR WALL ............................................................... 506-4 Section 506.08: VARIANCE .......................................................................................... 506-4 Section 506.9: PRE-EXISTING FENCES ..................................................................... 506-4 Section 506.10: MAINTENANCE OF FENCE ............................................................. 506-5 Section 506.11: EMERGENCY ACCESS TO FENCED AREAS ................................ 506-5 Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS ........ 506-5 Section 506.13: PENALTIES/REMEDIES .................................................................... 506-5 Definitions to add: Decorative fence – split rail, or picket fences that are open and not opaque in nature. Decorative fences define boundaries but do not enclose. 1212 ORDINANCE 506 FENCE ORDINANCE Section 506.01: APPLICATION. This ordinance shall apply to the construction and maintenance of all walls or fences, to include living fences as defined herein, within the City. The requirements of this Ordinance may also be subject to modification by the terms or conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of property. Section 506.02: PURPOSE. This Ordinance was enacted for the following purposes: a) To regulate fence or wall construction and location. b) To protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fences or walls on adjacent property. c) To assure that fences and walls are constructed adjacent to the property line or within the property of the party who will maintain the wall or fence. d) To assure consistency in the location of fences and walls constructed in residential districts. e) To require walls and fences be constructed of a low maintenance material. f) To require walls or fences to be constructed of non-toxic materials. Section 506.03: PERMIT. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property on which the wall or fence is to be constructed or reconstructed shall first secure a fence permit from the City Building Official. A permit fee, in an amount set by resolution of the City Council, shall be paid at the time the application for a permit is submitted. The application shall contain the following: a) Legal description of the property on which the fence or wall is to be constructed or reconstructed, b) Sketch showing the location of the fence or wall on the property, c) A description of the materials to be used in the construction of the fence or wall, d) A description or sketch of the design and dimensions of the fence or wall, e) Compliance with the provisions of Section 506.07 (Border fence or wall). 1313 f) Other information as requested by the Zoning Administrator. 1. Application procedure and inspections The application and inspection process are as follows (unless waived by the city): 1. The application shall be reviewed by the City Building Inspector for issuance of a building permit upon a determination that the proposal complies with this Ordinance. 2. Upon approval of a permit but prior to construction or installation of fence or wall an initial inspection of the property shall be required unless waived by the City. The property owner shall expose at least two (2) property pins to verify proof of the property line location at the time of initial inspection. 3. Following approval of the initial inspection the applicant is allowed to construct the fence in accordance to the approved plans and conditions of the permit. 4. The fence or wall shall be final inspected by the City Building Inspector upon completion of construction or reconstruction, to assure compliance with this Ordinance. Section 506.04: FENCE HEIGHT. a) Fences and walls located within a residential area shall not exceed the height of seven feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four three and a half (3 ½) feet. b) Fences and walls located in a commercial area shall not exceed the height of eight feet; except no fence shall be permitted in the front yard, unless the fence enhances the visual appearance of the site/landscaping and the fence does not exceed two feet in height and is of a reasonable linear length. Chain link fences, including those with slats are prohibited when visible from the public right of way. c) Fences and walls in an industrial area shall not exceed eight feet unless a higher fence or wall is approved as part of the special use permit allowing the industrial use; except fences located between the front of the industrial structure and the adjacent roadway shall not exceed four feet in height. d) If two different zones abut, the zoning requirements of the property owner constructing the fence shall control. Section 506.05: FENCE MATERIALS. 1. Fences constructed in residential zoning districts shall not be constructed with prohibited materials as listed in Section 506.05 Subd. 4. All wood fences, other than those constructed out of redwood or cedar shall be stained or painted upon completion of construction or reconstruction. Chain link fences shall be made out of a non-rust material. 1414 2. Decorative, landscape, retaining and/or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in widths. Such walls over four (4) feet in height shall require footings that support the structure as required by the MN State Building Code. 3. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited unless they are formed from decorative and/or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 3. The following materials are prohibited for fences:, but not limited to: a. Barbed wire and electrical fences, except in agricultural districts; b. Creosote lumber; c. Chicken wire; d. Woven or welded wire, except in the industrial district e. Snow Fences, except in the Agricultural/Rural Residential District f. Plastic webbing, except when used for police control. This shall not prohibit the use of plastic materials intended to resemble wood products; g. Makeshift, flimsy materials, or material such as paper, twine, rope, wood pallets, tin, except when used for traffic control or police security. 4. Decorative, landscape, retaining and/or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in widths. Such walls over four (4) feet in height shall require footings that support the structure as required by the MN State Building Code. 5. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited unless they are formed from decorative and/or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 6. Other materials which are not specifically allowed by this Section, nor specifically prohibited may be permitted subject to City Council review and approval. Section 506.06: FENCE PLACEMENT 1. Fences can be placed directly on the shared property line provided the adjacent property owner (s) provide written consent in the form of a notarized signature at the time of permit application. If adjacent property owner (s) do not provide written consent then the fence shall be placed at least two (2) feet off the shared property line. 2. No fence shall be constructed which is approximately parallel to an existing fence, and that is less than two feet and parallel to an existing fence so as to create an area between the fences which has limited accessibility for purposes of maintenance. 1515 3. Fences shall only be allowed in the side and rear yards except decorative fences may be allowed in the front yard provided they are no higher than three and a half (3 ½) feet and are not designed to enclose the entire front yard. 4. Fences shall not extend into public right-of-way and be setback a minimum of ten (10) feet from the surface of any street. 5. Fences shall be setback at least two (2) feet from any trail, or sidewalk. 6. The finished side of the fence shall face adjacent property. Section 506.07: LIVING FENCES. Living fences may be constructed out of trees or shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the living fence located to the front of a residential structure shall not exceed four feet. The owner of the property adjacent to a living fence may trim or prune that part of the tree or shrub which extends across the property line over his or her property. Living fences do not require a permit. Section 506.08: BORDER FENCE OR WALL. a) A fence or wall constructed of maintenance-free materials may be constructed adjacent to the property line so long as all parts of the fence, including post anchors, are located within the property of the owner and so long as the bottom of the fence (exclusive of posts or anchors) is at least two inches above the ground. For purposes of this paragraph, the term "maintenance-free materials" shall include stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a rust resistant material. b) Fences and walls shall be constructed at least two feet inside the property line or adjacent to the property line, unless the, fence or wall is constructed of maintenance-free materials in accordance with paragraph (a) of this section. c) For any fence or wall located within six feet of a property line, that side of the fence which presents the most finished appearance, shall be the side which faces the adjacent property. d) No fence shall be constructed which is approximately parallel to an existing fence, and closer than two feet so as to create an area between the fences which has limited accessibility for purposes of maintenance. Section 506.08: VARIANCE. Provisions of this ordinance may be varied by the City Council upon application, and after consideration and hearing by the Planning Commission with recommendation to the City Council. A fence variance application fee may be established by resolution of the City Council. Section 506.9: PRE-EXISTING FENCES. This Ordinance shall apply only to fences and walls constructed or reconstructed after July 1, 2012. Any pre-existing fence that does not conform with the provisions thereof shall not be altered, extended or reconstructed replaced except in conformance with this Ordinance. 1616 Section 506.10: MAINTENANCE OF FENCE. a) All fence and walls located within the City shall be maintained in a safe condition. The owner of the property on which a fence or wall is located shall be responsible for the maintenance and repair of the fence. b) No fence or wall may be maintained in a location which obstructs the ability of a driver of a motor vehicle to see other drivers or pedestrians on any street or alley. Section 506.11: EMERGENCY ACCESS TO FENCED AREAS. An access opening for emergency entrance shall be incorporated into any fenced areas within which a building is totally or partially located. For residential use property, the access opening shall be at least four (4) feet in width. For commercial or industrial use property, the access opening shall be at least fourteen (14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient width. Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences may only be erected over an easement if the landowner meets the requirements of St. Joseph Ordinance Section 302.03(b). If the request for the fence is approved, the City retains the right to require the landowner to remove or abate the fence where the fence interferes in any manner with the City’s easement use. If there is an emergency necessitating immediate access to the easement, the City reserves the right to remove the fence to obtain access to the easement. The landowner shall bear all costs for removal and restoration of the fence in the event the landowner is required to remove the fence for access to the easement or in the event the City removes the fence in the case of an emergency. The City specifically reserves all rights of an easement holder afforded under the common law of the State of Minnesota. Section 506.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the terms under which this permit is granted, violation of the conditions is a violation of this ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a Court order directing maintenance or removal of the fence or injunctive relief prohibiting construction or maintenance of a fence in violation of this ordinance. Effective Date: This ordinance amendment shall be in full force and effect from and after passage and publication according to the state law. Repeal: This ordinance shall repeal all ordinances inconsistent herewith. ______________________________________________________ Rick Schultz, Mayor _______________________________________________________ Therese Haffner, City Administrator 1717 1818 ORDINANCE NO________ AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE REGARDING ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Section 502.12 Subd. 1 Section B, D, E, I, and M Amendment: 502.12 Subd. 1 Sections B, D, E, I, and M are hearby amended as follows: Section 502.12: GENERAL PERFORMANCE STANDARDS The intent of this section of the zoning ordinance is to establish general development performance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 1: Accessory Buildings in Residential Districts. a) Detached accessory buildings shall be located in the rear yard. b) Detached accessory buildings which are greater than fifty (50) square feet, but less than two-hundred (200) square feet shall require a zoning permit. The Zoning Permit Fee shall be established and amended from time to time by resolution of the City Council. c) Detached accessory buildings two-hundred (200) square feet or greater shall require a building permit. d) Attached accessory buildings and structures shall comply with the setback regulations in the respective zoning district. Detached accessory buildings shall be setback a minimum of ten feet (10’) from the rear and side yard lot lines, except that on corner lots shall have a side yard setback of twenty feet (20’) feet from the property line on the intersecting street. Accessory buildings shall not be located over any easement. Any accessory building proposed to be within five feet, overhang to overhang of the principal building shall either be made structurally a part of the principle building or the wall and soffit area of the accessory building that is within five feet of the principal building shall be constructed to a one-hour fire rating. e) Accessory buildings shall not to exceed over one (l) story of or sixteen (16) feet in height whichever is less. 1919 f) All garages shall, if the vehicle entrance backs upon a public alley, be setback at least ten (10) feet from the public alley right-of-way. g) In no case shall the door of any structure, building, fence or improvement be erected or constructed so as to extend beyond any lot line. h) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in the Industrial District. i) Within the R-1, R-2 and R-4 districts no detached accessory structures, shall exceed the maximum lot coverage requirements outlined within the respective districts or the maximum allowable accessory structure square footage (floor area) as shown in table 1: Size of lot Maximum allowable square footage (floor area) 0-.5 acres 1,200 .51 aces – 1 acre 1,800 1.1-2 acres 2,200 2.1 acres and more No limits as long as lot coverage requirements are not exceeded Table 1 excluding decks, porches and patios but including attached garages, or any combination of accessory structures shall exceed 1,350 square feet or ten percent (10%), whichever is the lesser, of the total lot area. In addition, lot coverage requirements outlined within the respective districts shall be adhered to. j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2) accessory buildings, excluding decks, porches and patios. k) Accessory building of less than fifty (50) square feet shall not be considered when computing the limitations of paragraph i. and j. above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet. l) The same or similar exterior building material (such as siding, shingles, etc.) shall be used on the accessory building and the principal building except for sheds that are 100 square feet or less can be constructed of prefabricated plastic. Metal roofs are allowed provided they are constructed with standing seams and concealed or exposed fasteners. Sheds 200 square feet or less shall be anchored through a manufacture’s approved anchoring kit. m) Pole barns and/or post frame construction and hoop tubular frame buildings are 2020 prohibited. Effective Date: This ordinance amendment shall be in full force and effect from and after passage and publication according to the state law. Repeal: This ordinance shall repeal all ordinances inconsistent herewith. ______________________________________________________ Rick Schultz, Mayor _______________________________________________________ Therese Haffner, City Administrator 2121 Planning Commission Agenda Item 5c MEETING DATE: March 8th, 2021 AGENDA ITEM: 5c SUBMITTED BY: Community Development STAFF RECOMMENDATION: Staff recommends the attached changes to the Outdoor patio and sidewalk café ordinances. The intent is to streamline the process given the unknown nature of how spring/summer will play out (in regards to restrictions/limitations or future executive orders). PREVIOUS PLANNING COMMISSION ACTION: Planning Commission discussed drafts of the ordinance language at the February 8th meeting. The Commission offered brief feedback and staff has tried to incorporate the feedback into these formal drafts. The biggest change you will see is the labeling change of “Outdoor dining” to “outdoor patios”. This change is meant to clarify and make it easier to understand the differences between an outdoor patio and sidewalk café. Staff also eliminated the term “smoking” from the ordinance. BACKGROUND INFORMATION: Last year flexibility was given for outdoor patio areas/sidewalk cafes. Staff would like to streamline some of those aspects while inserting permanent changes to the ordinance. We do not know what this spring/summer will entail with the pandemic and ensuing executive orders or public health requirements. As such we want an ordinance that is flexible, and streamlined but also maintains minimum standards that are reflective of St. Joseph’s character and expectations. Currently both outdoor patio and sidewalk cafes require Planning Commission/City council review. The proposed language would eliminate the need to obtain Planning Commission/City Council review/approval. BUDGET/FISCAL IMPACT: None ATTACHMENTS: 1. Drafted ordinance amendments for Outdoor patios and sidewalk cafes REQUESTED PLANNING COMMISSION ACTION: 1. Open the public hearing 2. Provide a recommendation on the drafted language (approve/deny/table) 22 ORDINANCE 502.22 – ZONING ORDINANCE 502.22- 1 ORDINANCE NO________ AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH OUTDOOR DINING AND SIDEWALK CAFE ORDINANCE CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 502.22 Amendment: Ordinance 502.22 are hearby amended as follows: Section 502.22: OUTDOOR DINING/SMOKING PATIO AREAS AND SIDEWALK CAFÉS Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general standards for outdoor dining areas and sidewalk cafés. Subd. 2: Definitions: a) “Outdoor Dining Patio” – an area set aside which is designed to accommodate formal dining outdoors outdoor dining where beverages and/or food is served; that is subordinate to a permitted use on the same property. b) “Sidewalk Café” – an outdoor dining area located within the public right of way in front or adjoining a restaurant or other eating and drinking establishment. a seating area located outside of an establishment in which there is not enough room to provide formal dining Subd. 3: Outdoor Patio Areas Dining/Smoking Areas: Outdoor smoking/dining patio areas are permitted accessory uses in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan is approved by the Zoning Administrator. The Planning Commission The Zoning Administrator shall forward copies of application and site plan to the appropriate staff, and consultants for review and recommendation. The following requirements are must be met: a) Application for site plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: 1. Existing boundaries with lot dimension and lot area. 2. Existing buildings and structures. 3. Location, setback and dimensions on proposed patio, walkways and structures. 4. Location and type of all proposed lighting, including fixture details. 5. Landscaping plan, including landscaping material, location, type of plant and size. 6. Calculations for impervious surface. 23 ORDINANCE 502.22 – ZONING ORDINANCE 502.22- 2 7. Additional information determined necessary by the Zoning Administrator to ensure compliance with City Ordinance. b) No portion of the outdoor smoking/dining area shall be located or occur within a public right-of-way or be located or occur closer than two feet from any property line. b) If the outdoor smoking/dining area is proposed to be within a City drainage and utility easement, the property owner shall enter into a written agreement authorizing the use of the City’s easement. b) Patrons must gain entrance to the outdoor patio area from within the main facility, however at least one exit must be provided for fire safety. c) If intoxicating liquor is intended to be served in the outdoor dining/smoking area, the standards of the St. Joseph Code of Ordinances as may be amended shall apply. d) The Planning Commission and/or City Council may restrict days, hours, nature and volume, and other aspects of entertainment in any outdoor smoking/dining area, including a prohibition against If any all forms of music, radio, television, and other entertainment, are proposed within the outdoor patio area the entertainment shall meet all applicable noise ordinances. Special events shall obtain a Special Event permit. to protect the safety, repose, and welfare of residents, businesses and other uses near the establishment. e) The Planning Commission and/or City Council may restrict the hours of operation of an outdoor smoking/dining area based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment. ge) The outdoor smoking/dining patio area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment. H f) The outdoor smoking/dining patio area shall be subordinate to the principal restaurant coffee shop, or other eating/drinking establishment and shall not exceed 33% in area of the square footage of the principal restaurant building. g) The design and finish of the outdoor smoking/dining patio area shall be compatible with the main structure in terms of scale (ancillary), color, architectural features, finish grade, materials and the like. a. Prohibited fencing and barrier materials include but is not limited to: chain link, chicken wire, snow fencing, untreated wood, fabric inserts. b. Prohibited materials for tables includes but is not limited to: plastic, glass table tops. Picnic tables are only allowed in the rear or side of the property. 24 ORDINANCE 502.22 – ZONING ORDINANCE 502.22- 3 c. Prohibited materials for chairs includes but is not limited to: unfinished wood jh) The outdoor smoking/dining patio area shall be a well-defined space surrounded and enclosed by decorative bollards, planters or fencing. A fence surrounding an outdoor smoking/dining area shall be suitable for the intended use. If a fence is proposed, a fencing plan shall be submitted for review and approval by the City. ki) The outdoor smoking/dining patio area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors. lj) The outdoor smoking/dining patio area shall be designed and serviced to prevent debris from blowing off the premises. The business and/or property owner shall be responsible to ensure that the area is properly maintained and litter-free. mk) The outdoor smoking/dining patio area must conform to all fire and building codes related to the number and types of exits that are required and maximum structural occupancy limits. l) Outdoor patio areas shall only be used between the hours of 7 am and 10 pm. n) The Planning Commission or the City Council may require the notification of property owners if the outdoor smoking/dining area is located closer than 350 feet from residential properties may restrict the hours of operation based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment. om) The parking regulations related to minimum required spaces as set forth in this chapter shall apply and compliance therewith shall be maintained. pn) The maximum surface coverage requirements set forth in this chapter shall apply and compliance therewith shall be maintained. q) Smoking shall not be allowed in areas meeting the definition of “indoor area” as defined by the Freedom to Breathe Provision of the Minnesota Clean Indoor Air Act. “Indoor area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows (whether open or closed) covering more than 50 percent of the combined surface area of the wall space constituting the perimeter of the area. A screen is not considered a wall. Subd. 4: Sidewalk Cafés: Sidewalk cafés are permitted accessory uses within the B-1 Central Business District in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan specifying the area in which the café will be operated is approved by the Zoning Administrator. Application for site plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee. The Zoning Administrator shall forward copies of application and site plan to the 25 ORDINANCE 502.22 – ZONING ORDINANCE 502.22- 4 appropriate staff, and consultants for review and recommendation. Planning Commission The following requirements must be met: a) Sidewalk cafés shall be limited to the placement of tables, benches, chairs on portions of sidewalks immediately adjacent to the business operating them. Allowable materials shall be consistent with the outdoor patio ordinance. b) A sidewalk café may not occupy any portion of a public street unless it’s part of an approved parklet plan. c) Maintenance of all private facilities on public property shall be the owner’s responsibility. d) A minimum of five (5) feet of sidewalk width remains unobstructed to maintain pedestrian clearance. The pedestrian clearance shall be measured from the edge of the dining area to the curbline. d) Sidewalk café facilities including, but not limited to, tables chairs, and benches shall not be left outdoors after business hours or between the hours of 10 p.m. and 6 a.m. e) Umbrellas/canopies shall not extend into the pedestrian clearance zone and shall not be higher than seven (7) feet in height. f) At no time shall the sidewalk café area be used for consumption of alcoholic beverages. f) Patrons shall not be served food or beverages outside, except that employees may refill beverage containers in the seating area. At no time, shall the sidewalk café area be used for consumption of alcoholic beverages. g) The business and/or property owner shall be responsible to ensure the sidewalk café area is properly maintained and litter-free. Sites of sidewalk cafés shall be maintained in an orderly, clean and sanitary manner and be free of debris at all times. Trash containers and staffing shall be available at all times to facilitate this condition. Litter shall be picked up on a daily basis. h) The City Planning Commission and/or City Council may shall require businesses operating sidewalk cafés routinely sweep and/or wash portions of sidewalks impacted by such cafés. i) The sidewalk café area shall not block access to the building entrance or required exits. j) The sidewalk cafe area shall only be used between the hours of 7 am and 10 pm. 26 ORDINANCE 502.22 – ZONING ORDINANCE 502.22- 5 k) A written encroachment agreement shall be agreed to and signed by the property owner and the City if the sidewalk café is proposed to encroach into the right of way. l) Sidewalk café operators shall provide proof of insurance on an annual basis. Owners of sidewalk cafés shall hold the City harmless from all liability associated with the operation and maintenance of a sidewalk café. Effective Date: This ordinance amendment shall be in full force and effect from and after passage and publication according to the state law. Repeal: This ordinance shall repeal all ordinances inconsistent herewith. ______________________________________________________ Rick Schultz, Mayor _______________________________________________________ Therese Haffner, City Administrator 27 Planning Commission Agenda Item 05d and 05e MEETING DATE: March 8th, 2021 AGENDA ITEM: 05d Variance for – wetland setback 05e Variance for – parking lot standards SUBMITTED BY: Community Development STAFF RECOMMENDATION: Staff recommends denial of the variance requests per: resolution 2021-001 Wetland setbacks resolution 2021-002 (A) Parking lot materials resolution 2021-003 Curbing standards PREVIOUS PLANNING COMMISSION ACTION: The Commission opened the public hearing last month for the variance requests and made a motion to continue the public hearing at this meeting (due to applicants request to push the item till March). BACKGROUND INFORMATION: Staff has received two variance requests from Andy Fischer from MN Home Improvements for the property addressed as 7967 Sterling Dr, St. Joseph, MN 56374 within the St. Joseph Industrial Park East Plat 3 Subdivision. The subdivision was annexed into the City in 2019. The applicant purchased the property last October and has requested site plan approval for a new building to be constructed on the subject parcel. The variance requests are for: Departure on the minimum wetland setbacks for a driveway Zoning regulation 502.19 Subd. 4 A). Departure on the required material requirements for a driveway and curbing standards (Zoning regulation 502.10 Subd. 3 N and Zoning regulation 502.10 Subd. 5 D) St. Joseph Industrial Park East was created while in St. Joseph Township and is not serviced with City utilities (water, storm sewer, sanitary sewer). Per the direction of the Planning Commission at the February meeting staff is also presenting ordinance amendments to address the wetland setback and curbing requirements as part of tonight’s meeting. If supported the amendments would: reduce the wetland setback to 50 feet for drive and parking areas to be consistent with the building setback. allow exceptions to curbing requirements if certain criteria are met. Therefore, staff recommends adopting the ordinance amendments and making a recommendation to deny the variance requests (variance for wetland setback and curbing is not needed if amendments are supported). 2828 One item the amendments do not solve is the request to do gravel in lieu of paved surfacing. Staff has prepared two resolutions to cover this aspect. One resolution 2021-002 (A) denies the variance request and is recommended by staff. The other resolution 2021-001 (B) allows a variance for the applicant to do gravel on portions of the parking lot circulation area while still requiring paved surfacing at the dedicated parking space and load/unload areas of the site. 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. A variance shall only be permitted if all of the following facts and conditions exists: Criteria. A variance shall only be permitted if all of the following facts and conditions exists: 1. The variance is consistent with the adopted St. Joseph Comprehensive Plan. 2. The variance is in harmony with the general purposes and intent of this Ordinance. 3. The applicant establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties as used in connection with the granting of a variance shall mean: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. b. The plight of the landowner is due to the circumstances unique to the property not created by the landowner c. The variance, if granted will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute practical difficulties under the terms of this Ordinance. 5. Practical difficulties shall include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 6. Variances shall be granted for earth sheltered construction as defined in MN Statute 216C.06, Subd. 14 as may be amended, when in harmony with the zoning ordinance. 7. Additional Conditions: If granting a variance, the City Council may impose conditions to ensure compliance with this Ordinance and to protect adjacent properties. Code references: Zoning regulation 502.19 Subd. 4 A). “The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer.” Zoning regulation 502.19 Subd. 4 A) “The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to: pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall be not be considered buildings.” Zoning regulation 502.10 Subd. 3 N) “All off-street parking and loading spaces, together with driveways, aisles, and other circulation areas, shall be a hard surface constructed of concrete, bituminous, or paver stone.” Zoning regulation 502.10 Subd. 5 D) “Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. Concrete curbs to MnDOT Design B612 specifications shall be used for all automobile stops and for all drive and parking areas.” BUDGET/FISCAL IMPACT: 2929 None ATTACHMENTS: 1. Resolution 2021-001 2. Resolution 2021-002 (A) 3. Resolution 2021-002 (B) 4. Resolution 2021-003 5. Variance application 6. Industrial park pics REQUESTED PLANNING COMMISSION ACTION: 1. Continue the public hearing for both variance requests 2. Close public hearing for both variance requests 3. Provide recommendation on resolution 2021-001 4. Provide recommendation on resolution 2021-002 (A or B) 5. Provide recommendation on resolution 2021-003 3030 East Industrial park Overview picture 3131 Pictures of other developments with paving Floor to Ceiling 8075 Sterling Dr 3232 Baldwin Supply Company 30577 Pearl Dr 3333 Gold Country Trucking 3434 3535 3636 Cole papers 30701 Pearl Dr 3737 3838 Battery Wholesale 8250 Delta Circle 3939 4040 4141 4242 4343 ST. JOSEPH PLANNING COMMISSION RESOLUTION 2021-001 A RESOLUTION OF DENIAL REGARDING A VARIANCE TO THE MINIUM WETLAND SETBACKS FOR DRIVEWAYS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the minimum wetland setback established in St. Joseph Ordinance 502.19 Subd. 4 Section B on the property generally described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402: (“Subject Property”) and; A. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject property. B. That City Ordinance 502.19 Subd. 4 Section B requires a wetland setback of 75 feet for driveways. C. That the applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 D. That the applicant is requesting a variance to encroach the wetland setback for proposed driveway by approximately 40 feet (min. setback required is 75 feet) E. That the Subject Property is zoned I-1 Light Industrial F. That the Planning Commission conducted a Public Hearing on February 8th, 2021 and continued the public hearing at their March 8th, 2021 meeting G. That the variance is not consistent with the St. Joseph Comprehensive Plan H. That the variance is not in harmony with the general purpose and intent of the Ordinance I. That the Applicant has not established practical difficulties in complying with the zoning ordinance NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, HEREBY MAKES THE FOLLOWING FINDINGS TO DENY THE VARIANCE: 1. The variance is not consistent with the adopted St. Joseph Comprehensive Plan and following goals: a. Land Use Goals. Goal 3 “Promote Sustainable Development” Strategy 3.4 which states “ Protect and enhance natural resources such as rivers, lakes, wetlands, woodlands, and wildlife habitat as growth occurs in suburban and rural areas.” b. Sustainability and Resiliency Goals. Goal 3 “Protect and Improve Water quality”. Strategy 3.4 “Maintain and enforce the wetland buffer and setback ordinance”. 2. The variance is not in harmony with the general purposes and intent of this Ordinance. 4444 a. Allowing departure from the ordinance goes directly against the purpose of the ordinance which is to minimize adverse effects development may have on the environment. b. The proposed encroachment of 40 feet into the wetland setback will result in the driveway area being only 35 feet from the wetland. This encroachment is a significant departure from City code and would result in increased runoff and pollutants entering the wetland located on the subject property. 3. The applicant has not established that there are practical difficulties in complying with the zoning ordinance due to the following reasons: a. Encroaching 40’ into the wetland setback is excessive and unreasonable and does not equate to practical difficulties. There are other options the applicant can pursue which avoids an excessive and unnecessary encroachment. b. The circumstances and proposed encroachment are a direct result of the landowner. Other driveway layouts can be explored to lessen the encroachment and more directly meet the intent of the ordinance. c. The subject property was annexed into the city in 2019 prior to applicant purchasing the property. The landowner purchased the land after it was annexed into the city therefore the plight has been caused by the landowner. c. The requested variance will alter the essential character as it will result in setting a precedence in the expectations of wetland setbacks for driveway/circulation areas and result in direct conflict with city code and comprehensive plan goals. 6. Economic considerations alone shall do not constitute practical difficulties. Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning Commission this 8th day of March, 2021 CITY OF ST. JOSEPH By Chad Hausmann, Chairperson By Nate Keller, Community Development Director 4545 4646 Page 1 of 3 ST. JOSEPH PLANNING COMMISSION RESOLUTION 2021-002 (A) A RESOLUTION OF DENIAL REGARDING A VARIANCE TO THE MINIUM DRIVEWAY MATERIAL REQUIREMENTS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the minimum driveway material requirements as indicated in St. Joseph Ordinances 502.10 Subd.3 N) and 502.10 Subd. 5 D) on the property described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402:(“Subject Property”) and; A. That the Applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 B. That City Ordinance 502.10 Subd. 3 N requires driveway and circulation areas to be constructed of a hard surface such as concrete, bituminous, pavement or paver stone C. That the applicant is requesting a variance to install class two gravel surfacing in lieu of City ordinance 502.10 Subd. 3 N D. That the Subject Property is zoned I-1 Light Industrial E. That the Planning Commission conducted a Public Hearing on February 8th, 2021 and continued the public hearing on March 8th, 2021 F. That the variance is not consistent with the St. Joseph Comprehensive Plan G. That the variance is not in harmony with the general purpose and intent of the Ordinance. H. That the Applicant has not established practical difficulties in complying with the zoning ordinance. NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, HEREBY MAKES THE FOLLOWING FINDINGS TO DENY THE VARIANCE 1. The variance is not in harmony with the general purposes and intent of this Ordinance. The intent of the ordinance is to create aesthetically consistent and well-maintained areas of Commercial, Industrial, and Residential development. Deviating from the required material standards would set a precedence in this expectation and be a departure from the city standards, regulations, and overall goals as indicated in the Comprehensive Plan. 2. The applicant has not established that there are practical difficulties in complying with the zoning ordinance as installing class two gravel is not a reasonable alternative to the ordinance standards. 4747 Page 2 of 3 a. Installing class two gravel is not a reasonable solution to address the ordinance. b. The circumstance has been caused by the landowner as the proposed class two gravel is a choice being pursued by the landowner. The subject property was annexed into the city in 2019 and the applicant purchased the property after annexation therefore the landowner was aware that the city ordinances apply. c. The variance if granted will alter the essential character of the locality. Departing from surfacing material requirements will set a precedent on future expectations and improvements. Any new developments/improvements would be required to meet city standards. A variance to allow class two gravel is not consistent with historical or current enforcement of the prescribed regulations. 3. Applicant has stated paving the driveway area will be a financial hardship. Economic considerations cannot constitute practical difficulties Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning Commission this 8th day of March, 2021 CITY OF ST. JOSEPH By Chad Hausmann, Chairperson By Nate Keller, Community Development Director 4848 Page 3 of 3 4949 Page 1 of 3 ST. JOSEPH PLANNING COMMISSION RESOLUTION 2021-002 (B) A RESOLUTION APPROVING A VARIANCE TO THE MINIUM DRIVEWAY MATERIAL REQUIREMENTS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the minimum driveway material requirements as indicated in St. Joseph Ordinances 502.10 Subd.3 N) on the property described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402: (“Subject Property”) and; 1. That the Applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 2. That the Subject Property is zoned I-1 Light Industrial 3. That the Planning Commission conducted a Public Hearing on February 8th, 2021 and continued the public hearing on March 8th, 2021 4. That the variance is consistent with the St. Joseph Comprehensive Plan 5. That the variance is in harmony with the general purpose and intent of the Ordinance. 6. That the Applicant has established practical difficulties in complying with the zoning ordinance as the property is proposed to be used in a reasonable manner that is consistent with adjacent property and the variance will not alter the essential character of the locality, and the circumstances are unique to the property. NOW THERFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, THAT A VARIANCE TO THE MINIUM DRIVEWAY MATERIAL REQUIREMENT IS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL: a. The proposed parking area shown in Exhibit A as “area B” shall be paved with asphalt, concrete, or paver stone. The proposed driveway circulation area shown in Exhibit A as “Area A” is granted a variance to be Class Two gravel however the gravel area cannot exceed more than 50% of the total parking surface area. Surface area includes: parking and loading spaces, driveway, and circulation areas. The applicant shall provide verifiable calculations of the spaces to ensure the 50% threshold is met. b. Dust control methods shall be deployed on the gravel area on a consistent scheduled basis. These methods include: watering, and other applicable means as directed by the city. c. The owner shall ensure no gravel is tracked onto the public right-of-way/street. d. The gravel circulation area and any other portion of the driveway or parking spaces shall be at least 50’ from the wetland. This condition however is dependent on the city amending the required wetland setback for driveway/circulation areas to be 50’. If the amendment does not occur this variance shall be considered null and void. e. Failure to adhere to these conditions is grounds for the city to revoke the variance. f. The Applicant shall be responsible for all City costs incurred in administering and enforcing this variance 5050 Page 2 of 3 g. This resolution shall be recorded at Stearns County recorder’s office within one year otherwise this variance shall become null and void unless petition for an extension has been approved by the City Council. Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning Commission this 8th day of March, 2021 CITY OF ST. JOSEPH By___________________________ Chad Hausmann, Chairperson By____________________________ Nate Keller, Community Development Director 5151 Page 3 of 3 Exhibit A Area A Area B Please note a new exhibit will need to be provided by the applicant. This exhibit is just for example purposes. 5252 Page 1 of 2 ST. JOSEPH PLANNING COMMISSION RESOLUTION 2021-003 A RESOLUTION OF DENIAL REGARDING A VARIANCE TO THE MINIUM CURBING REQUIREMENTS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the minimum curbing requirements as indicated in St. Joseph Ordinances 502.10 Subd. 5 D) on the property described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402: (“Subject Property”) and; A. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject property. B. That City Ordinance 502.10 Sudb. 5 D) requires curbing for properties with driveway and parking areas C. That the Applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 D. That the applicant requested a variance to the requirement to curb their parking lot and circulation area E. That the Subject Property is zoned I-1 Light Industrial F. That the Planning Commission conducted a Public Hearing on February 8th, 2021 and continued the public hearing on March 8th, 2021 F. That the variance is not consistent with the St. Joseph Comprehensive Plan G. That the variance is not in harmony with the general purpose and intent of the Ordinance. H. That the Applicant has not established practical difficulties in complying with the zoning ordinance. NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, HERBY MAKES THE FOLLOWING FINDINGS TO SUPPORT THE DENIAL: a. The variance is not in harmony with the general purposes and intent of this Ordinance. The intent of the ordinance is to foster developments that have consistent aesthetic standards and stormwater runoff control. Deviating from the required curbing standard would set a precedence in this expectation/standard and conflict with overall goals and standards indicated in the Comprehensive Plan. b. The circumstances have been created by the landowner. When the land was purchased by the landowner the property was within the city of St Joseph. The owner therefore purchased this land knowing the standards and ordinances of St. Joseph apply. 5353 Page 2 of 2 c. Economic considerations alone shall not constitute practical difficulties. The applicant cites that the financial cost to curb will put the project at jeopardy. Cost and economic considerations do not constitute practical difficulties. Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning Commission this 8th day of March, 2021 CITY OF ST. JOSEPH By Chad Hausmann, Chairperson By Nate Keller, Community Development Director 5454 Planning Commission Agenda Item 06a MEETING DATE: March 8th, 2021 AGENDA ITEM: 6a Knife River – Final Plat request SUBMITTED BY: Community Development STAFF RECOMMENDATION: Staff recommends proceeding with the final plat to City Council. PREVIOUS PLANNING COMMISSION ACTION: Planning Commission conducted a public hearing and recommended approval of the Preliminary Plat at the Nov. 10th, 2020 meeting. BACKGROUND INFORMATION: The applicant for the Knife River plat is requesting that the Planning Commission provide a recommendation to forward the Final Plat to City Council. St. Joseph does have an ordinance (540.13 Subd. 4 C) which allows Final Plats to go straight to City Council (without full Planning Commission review) provided the Planning Commission makes this recommendation. Staff does not see any major concerns or differences when comparing the Final Plat to the Preliminary Plat. In addition, the applicant is required to address all Engineer and related comments with this Final Plat. ATTACHMENTS: 1. Preliminary Plat 2. Final Plat REQUESTED PLANNING COMMISSION ACTION: Provide a recommendation if Knife River can proceed with their Final Plat directly to City Council or if Knife River shall submit their Final Plat to the Planning Commission for full review at the April 12th Planning Commission meeting. 5555 5656 5757 5858 L=597.43R=3950.00Δ=8°39'57"CH=596.86CHB=S 60°16'12" E SOUTHWEST CORNER OF THENE1/4-NE1/4 SEC. 11, TWP. 124, RNG 29AND THE SOUTHEAST CORNER OFOUTLOT G NORTHLAND BUSINESS CENTERNORTHWEST CORNEROF THE NE1/4-NE1/4SEC. 11, TWP. 124, RNG 29EAST LINE OF THE NE1/4-NE1/4SEC. 11, TWP. 124, RNG. 29SOUTHEAST CORNER OF THE NE1/4-NE1/4 SEC. 11, TWP. 124, RNG 29WEST LINE OF BATZER SECOND ADDITIONS.W. CORNER OF BATZER SECOND ADDITION NORTHEAST CORNER OFSEC. 11, TWP. 124, RNG. 29NORTHERLY EXTENSIONOF THE WEST LINE OFBATZER SECOND ADDITIONS87°45'30"W 794.71 S87°45'30"W 500.17 S00°44'28"E 1329.54N88°17'45"E 500.07EAST LINE OF NORTHLAND BUSINESS CENTEREAST LINE OF NORTHLAND BUSINESS CENTERSOUTHWESTERLY LINE OF OUTLOT ANORTHLAND BUSINESS CENTERSOUTHEASTERLY EXTENSION OF THESOUTHWESTERLY LINE OF OUTLOT ANORTHLAND BUSINESS CENTER SOUTH LINE OF THE NE1/4-NE1/4SEC. 11, TWP. 124, RNG. 29 NORTH LINE OF THE NE1/4-NE1/4SEC. 11, TWP. 124, RNG. 29SOUTHWEST CORNEROF OUTLOT A NORTHLANDBUSINESS CENTER808080 80 150LOT 1DRAINAGE ANDUTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENTDRAINAGE AND UTILITY EASEMENT 4040DRAINAGE ANDUTILITY EASEMENTBLOCK 1OUTLOT ADRAINAGE ANDUTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENTALL OF OUTLOT A ISDRAINAGE ANDUTILITY EASEMENT12 12 6 6 6 66 6 (6 :149.586 :L=415.13CH=414.93&+% 6 (R=3800.00© L=167.56CH=167.55&+% 6 (R=3950.00© 6 :L=158.61R=260.00© 334.591 :111.341 :L=528.62R=340.00© 412.00N89°14'43"W 166.36 S03°46'58"E 213.15134.75S74°03'09"WS43°09'49"W 169.7793.25 S89°18'56"W S 4 8 ° 2 8 ' 5 4 " E 3 4 0 . 6 6 62.66N58°54'21"E69.36N08°01'29"E35.35N82°47'50"E 62.39S28°18 '38 "E121.70S00°36'38"E125.16S16°55'30"E120.10N45°56'12"E120.22669.0757.97S05°55'55"W310.87N6 0 ° 5 7 ' 1 6 " W 3 1 1 . 2 5 N18°10'32"E 144.35S72°0 3 ' 1 4 " E 2 3 5 . 5 8 65.92N21°12'58"E153.02S16°39'04"E82.20N76°02'42"E70.11S45°53'17"WN22°39 '20 "W 190 .2642.30150.00407.93570.78793.51 334.59 DRAINAGE ANDUTILITY EASEMENT PERNORTHLAND BUSINESS CENTER DRAINAGE AND UTILITY EASEMENT PERNORTHLAND BUSINESS CENTER N00°47'11"W 1317.38505050 N70° 1 6 ' 1 7 " W 2 4 4 . 4 8 N20°21'47"E 357.13N00°38'58"W 158.24143.03 N88°48'10"EL=173.43Δ=29°13'35"L=355.19Δ=59°51'21"0100200300SUBJECT TO CHANGEWITHOUT NOTICEDRAFT COPY KNIFE RIVER ADDITIONDenotes found iron monument. Denotes 1/2 inch by 14 inchiron monument set andmarked by License No. 55343Denotes Wetland$5($6800$5<BLOCK 1LOT 1 = 1,378,421 S.F. 31.644 ACOUTLOT A = 82,784 S.F. 1.901 ACDRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:12(NO SCALE)EASEMENTS BEING 6 FEET IN WIDTH ADJOINING LOTLINES AND 12 FEET IN WIDTH ADJOINING STREETLINES UNLESS OTHERWISE INDICATED ON THE PLAT.12665959 N:\0014445.02\DWG\SURVEY\0014445.02 V-PREPLAT.DWG 11PROJECT NUMBER: 001445.02ST. JOSEPH, MN10/16/2020.CRFNAS© 2017 Westwood Professional Services, Inc.KNIFE RIVER ADDITIONPRELIMINARY PLAT10/16/2020Christopher R. Foley5534310/16/20CLC PARTNERSSHEET NUMBER:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:CREW:INITIAL ISSUE:REVISIONS:Phone (320) 253-9495 3701 12th Street North, Suite 206Fax (320) 358-2001 St. Cloud, MN 56303TollFree (800) 270-9495DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com100'0'100'200'300'1" = 100'60 Planning Commission Agenda Item 07a MEETING DATE: March 8th, 2021 AGENDA ITEM: 7a SUBMITTED BY: Community Development STAFF RECOMMENDATION: Staff recommends the proposed changes. PREVIOUS PLANNING COMMISSION ACTION: None BACKGROUND INFORMATION: Currently the city requires new multi-family, commercial, or industrial construction projects to obtain site plan review and approval before a building permit can be submitted. There is no limitation or trigger point for this requirement. So even if a project is proposing an expansion of 100 square feet for instance, they technically need to obtain site plan approval. Staff feels this is unnecessary and creates an additional hurdle in the review process. The site plan application requires a $250 fee + $1,500 escrow. This fee is in addition to the other documents that need to be included with the application (civils, engineering, stormwater, etc.). Therefore, staff is recommending to put a trigger point on when site plan approval is needed. The recommended trigger point is when a project results in an expansion of 25% or more of the existing building footprint area. This requirement is similar to some adjacent communities. Staff feels a 25% or larger expansion is substantial enough to warrant additional review per site plan requirements. BUDGET/FISCAL IMPACT: The amendment if supported will result in a slight decline in the total amount of application fees collected. This decline is considered to be severely minimal (less than a few hundred dollars over a entire year.) ATTACHMENTS: 1. Drafted ordinance amendments for site plan requirements REQUESTED PLANNING COMMISSION ACTION: Provide direction and comments regarding the drafted language. Staff would like to bring forth recommended changes and conduct a public hearing at the April 12th Planning Commission meeting. 6061 ORDINANCE 502 – ZONING ORDINANCE 502.12-1 Subd. 14 Development/Site Plan Review. All site and building plans for multiple family residential, commercial, industrial, institutional or public/semi-public uses shall require site plan review and approval by the Zoning Administrator except as waived in Subd. 16 of this title. Plans shall be prepared by a qualified and licensed civil engineer and architect. a) Applications and Submittal Requirements: Applications for site and building review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: 1. Proof of title and contract/purchase agreement and property owner signature on the application form when applicable. 2. Four (4) large scale copies, twelve (12) reduced (11”x17”) One electronic copy of copies of detailed written materials, plans and specifications and one electronic copy. 3. Site Plan depicting the following: A. Name of project or development. B. Name and address of developer and/or owner and engineer/architect. C. Scale (engineering only) at not less than one (1) inch equals one hundred feet. D. North point indication. E. Existing boundaries with lot dimension and lot area. F. Existing buildings, structures and improvements. G. Easements of record. H. Delineated wetland boundary, to include the OHWL of any lakes or DNR waters. I. All encroachments. J. Legal description. K. Location, setback and dimensions of all proposed buildings and structures. L. Location of all adjacent buildings and structures within one hundred (100) feet of the exterior boundaries of the subject property. 6162 ORDINANCE 502 – ZONING ORDINANCE 502.12-2 M. Location, number, dimensions of all proposed parking stalls, loading areas, fire lane, drive aisles, with curbing shown. N. Location, width and setbacks of all proposed street accesses and driveways and existing accesses within 100 feet of the property. O. Location, width and setbacks of all proposed sidewalks, walkways and trails. P. Location and type of all proposed lighting, including fixture details. Q. Provisions for storage and disposal of waste, garbage and recyclables, including details for enclosing and screening exterior containers. R. Calculations for impervious/pervious surfaces. 4. Architectural Plans showing the following. A. Date of plan preparation and dates of any subsequent revision. B. Architectural elevations, in color, of all principal and accessory buildings (type, and materials used in all exterior surfaces). C. Typical floor plan and room plan drawn to scale with a summary of square footage by use or activity. 5. Grading Plan depicting the following: A. Existing contours at two (2) foot intervals. B. Proposed grade elevations at two (2) foot maximum intervals. C. Drainage plan, including the configuration of drainage areas and calculations. D. Spot elevations. E. Surface water ponding and treatment areas. F. Erosion control measures. G. Wetland replacement plan (when applicable). H. Soil borings. I. Drainage calculations for 2, 10, and 100 year storm events. J. Delineated wetland boundary, to include OHWL of any lakes or DNR waters. K. Date of plan preparation and dates of any subsequent revisions. 6. Screening of heating, ventilation and air-conditioning equipment. 7. Landscaping material including the location, type of plant and size. 6263 ORDINANCE 502 – ZONING ORDINANCE 502.12-3 8. Utility Plan showing the following: A. Location of hydrants, valves and manholes, if any. B. Location, sizing, and type of water and sewer system main and proposed service connections, hydrants, valves, and manholes; or, C. Location and size of proposed primary and secondary on-site treatment systems, when allowed. D. Storm sewer, catch basins, invert elevation, type of castings and type of materials. 9. A description of provisions which shall be made on the site for adequate open space and recreational areas to properly serve residents of the facility. 10. Any other fencing, screening, or building accessories to be located in the development area. b) Design Standards: Plans which fail to meet the following criteria shall not be approved. 1. The proposed development application must be consistent with the St. Joseph Comprehensive Plan, city policies and plans, including: A. Land Use Plan B. Utility (Sewer and Water) Plans C. Local Water Management Plan D. Capital Improvement Plan E. Transportation Plan F. Stormwater Design Standards 2. The proposed development application conforms to this Ordinance and other applicable City Codes. 3. The proposed development shall be served with adequate and safe water supply. 4. The proposed development shall be served with an adequate and safe sanitary sewer systems. c) Review and Required Fee. 1. The Zoning Administrator shall forward copies of application and site and building plans to the appropriate staff, consultants and governmental agencies for review and recommendation. The Community Development Department shall perform a review and approve or deny the application. The Community Development Department may also suggest conditions as they deem necessary to the approval of the site and building plans. 6364 ORDINANCE 502 – ZONING ORDINANCE 502.12-4 2. The applicant may appeal any denial or decision by the Department to the Planning Commission and City Council according to the appeals process in this Ordinance. 3. Fees payable under this section for site plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the 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. Subd. 15: Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy will be issued. b) A copy of proposed covenants and/or homeowner’s association agreement (s). c) 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). d) 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. e) Every site plan applicant shall be required to submit with the site plan a complete and accurate statement concerning the specific nature of the intended use of the property. Subd. 16: SITE PLAN APPLICATION WAIVER a) Interior Modifications Of Existing Permitted Building: Construction which is limited to interior modifications of an existing permitted building will not need site plan approval and may proceed to building permit submittal. If the interior changes result in a change to the nature of the use of the building additional reviews by the Zoning Administrator will be required. b) Exterior Modifications Of Existing Buildings: Modifications to an existing permitted building will not need site plan approval and can proceed direct to building permit submittal provided the modifications result in less than a twenty-five percent (25%) increase in building footprint. 6465 ORDINANCE 502 – ZONING ORDINANCE 502.12-5 c) Detached structures: Proposed detached structures that are less then twenty-five percent (25%) of the size of the principal structure will not need site plan approval and can proceed directly to building permit submittal. 6566