HomeMy WebLinkAbout08.14.23CITY OF ST. JOSEPH
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, August 14th, 2023
6:00 PM
St. Joseph Council Chambers
75 Callaway St E
**The meeting will also be available through Zoom**
1.Call to Order
2.Pledge of Allegiance
3.Public Comment
4.Agenda Review and Adoption
5.Approve Minutes – June 12th, 2023
6.New Business
a.Public Hearing – Conditional Use Permit – KAB Land LLC
b.Public Hearing – Variance – KAB Land LLC
c. Murals
d.Landscape requirements in Industrial Zoned Properties
7.Old Business
8.Other Business
9. Adjourn
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1
June 12th, 2023
Page 1 of 1
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met
On Monday, June 12th, 2023, at 6:00 PM in the St. Joseph Government Center opening with the Pledge
of Allegiance.
Planning Commission Members Present: Commissioners Keith Louwagie, Gina Dullinger, Mark
Thompson, Jon Hazen, Bob Loso
Staff Present: Nate Keller, Community Development Director
Public Comments: None.
Approval of the Agenda: Louwagie made a motion to approve the agenda. The motion was seconded
by Thompson and passed unanimously by those present.
Approval of the Minutes: Loso made a motion to approve the minutes of April 10th, 2023 (a May
meeting was not held); the motion was seconded by Louwagie and passed unanimously by those
present.
Public Hearing:
a.Vacating interior easements between lots 22 and 23, block 3, Northland Heights
Applicant is proposing to vacate interior easements between lots 22 and 23, block 3 of Northland Heights.
The easements are standard drainage easements and do not have any existing or future utilities.
Easements are being vacated in order to accommodate a lot consolidation and construction of a patio
home.
Dullinger opened the public hearing at 6:02 PM
Chad Carlson (applicant and builder) highlighted the reasons for the request and answered a couple
questions a resident had.
Dullinger closed the public hearing at 6:03 PM.
Loso moved to approve resolution 2023-029 which vacates the interior easements between lots 22
and 23, block 3 of Northland Heights. The motion was seconded by Thompson. Motion passes
unanimously.
Old Business:
Keller highlighted the action of the Council in regards to the Wedding/Event Venue ordinance
amendment.
Other Business:
Keller highlighted: Obbink Distillery grand opening, THC and Marijuana update, Goodin project, and
Granite City Gymnastics.
Adjourn: Hazen moved to adjourn the meeting at 6:10 PM. The motion was seconded by Dullinger
and the motion carried.
Nate Keller
Community Development Director
2
Planning Commission Agenda Items 6a and 6b
MEETING DATE: August 14th, 2023
AGENDA ITEM: 6a. Conditional Use Permit – KAB Land, LLC (Public Hearing) +
6b. Variance Request (Public Hearing)
SUBMITTED BY: Community Development Director
ACTION REQUESTED: 1. Adopt a Finding of Fact for the Conditional Use Permit
2.Adopt a Finding of Fact for the Variance request
PREVIOUS PLANNING COMMISSION ACTION: Planning Commission recommended denial of
ordinance amendment adding the use (Special Event Facility) as a conditional use in a Rural Residential
district. Council approved the ordinance amendment request.
BACKGROUND INFORMATION:
Conditional Use Permit – Special Event Facility
KAB Land, LLC (applicant and owner) has submitted a Conditional Use Permit for a Special
Event Facility on the subject property shown below and addressed as 28617 Jade Rd.
Conditional Use Permit Request
Applicant Information: KAB Land LLC
Existing Zoning: RR Rural Residential. The proposed use is allowed through a C.U.P.
Future Land Use: Low Density Residential (R-1 Single Family)
Location: 28617 Jade Road
Access: The site is proposed to have access off Jade Road a future collector street
WCA/Wetlands: Wetlands exist but not in close proximity to the proposed Event Facility
Lot Size: 59.95 acres
3
The Special Event Facility will be placed on the NE corner of the property. This area of the
property is much flatter with some natural berming. The majority of the property is heavily
wooded with significant topogrophy changes throughout. Applicant is also proposing to
construct a accessory building South of the main entrance. According to the applicant the
accessory building will not be used for any special event facility purposes and will only be used
for storage.
The proposed facility is over 14,000 Square feet with large interior gathering spaces and an
outdoor ceremony space. The outdoor space will be built adjacent to a large berm. The berm is
approximately 10-15 feet tall from the bottom to the very top of the berm. Intent of placing the
outdoor space here is so the berm aides in buffering noise, sights, and visual impacts.
4
The closest home to the subject property is the residence to the North (Mick property).
This residence is approximately 386’ from the SE front corner of the home to the bottom grade
area of the proposed outdoor ceremony space.
The closest the building will be to an adjacent property line is 80’6” as measured from NW rear
of Facility to the Mick property. The patio area in the NW rear will be closer to 60’ from the
property line.
Mick property
Northern lot line
Outdoor Ceremony Space
Facility location (approximate)
5
The pictures in Exhibit A depict existing vegetation near the outdoor space as seen from the
bottom and top of the berm. Staff is recommending additonal vegetation (screening) be added to
the top of the berm to help buffer the ceremony space. Most of the space will be buffered by the
natural berm which rises 10’-15’ from grade to top of berm. However, there is a lack of
vegetation on top of the berm and the majority of existing vegetation (North of the berm) is
within the Mick property.
Conditions of Approval
The Commission may place reasoanble conditions as described in 502.07 Subd 1 Section F.
These can include: location of access points, fencing, screening, berming, sign restrictions,
designating sites for open space, height/size and number of buildings, operating hours and noise
levels, or other conditions related to protecting the public interest.
As one of the staff recommeded conditions a Development Agreement is included. The
Development Agreement describes expectations of the developer including the required
extension of water/sewer to service the facility and inclusion of a right-turn lane.
City Code 502.07 requires Planning Commission to conduct a Public Hearing and for the
Commission to make a recommendation to the Council by adopting a Findings of Fact. The
Findings are defined within 502.07 Subd. 1 Section C. The Commission may add, eliminate or
place other reasonable conditions to the Finding of Fact resolution.
If the Commission wishes to adopt a Finding of Fact to deny substantial reasons/justifications
shall be created within the Finding of Fact as outlined in 502.07 Section D.
In review of past Case Law cities have had difficulty defending a denial if the ordinance
specifically lists the use as allowable through a Conditional Use permit.
Here is a quote from the League of MN Cities:
“If a proposed conditional use satisfies both the general and specific standards set out in the
zoning ordinance, the applicant is entitled to the conditional use permit. If the applicant meets
all the ordinance standards, the city usually has no legal basis to deny the CUP.”
Patio
6
The City Council serve’s as the final authority for all C.U.P.’s
Variance Request – Proposed Gravel Parking Lots
Applicant is proposing to surface the parking lots within the site with gravel. City code requires
parking lot areas to be hard surface (asphalt, concrete, pavers, etc.) therefore the applicant is
requesting a variance to deviate from the standards of the code. The driveway, entrance and
drop-off areas will be paved with asphalt.
Historically the City Council has granted approvals for deviating from this requirement to other
projects like: Rolling Ridge (grass parking lot), Goodin Company (recycled bituminous storage
yard), etc.
This request however is the first of its kind for property zoned as Rural Residential. The other
variances granted were for properties within Commercial and Industrial zoned land.
A Finding of Fact approving and Finding of Fact denying the Variance proposal is included.
Given the property is zoned Rural Residential it’s not uncommon to see dirt/gravel driveways.
However, the use with multiple parking lots is unique to the zoning district and creates higher
amounts of vehicular traffic then what is commonly found. The Commission should make a
recommendation based on the criteria listed below.
Staff does have concern about the variance meeting criteria 3b.
502.06 Subd. 2 Section B
a)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.
7
ATTACHMENTS: C.U.P. application
C.U.P. civils
Proposed landscaping
Finding of Fact for CUP
Noise Ordinance
Variance application
Parking material email
Resolution of denial for Variance
Resolution of approval for Variance
General guidance on C.U.P.’s can be found here: https://www.lmc.org/resources/land-use-conditional-use-
permits/#:~:text=60%2DDay%20rule&text=A%20city%20may%20extend%20the,%C2%A7%2015.99).
REQUESTED PLANNING COMMISSION ACTION:
1. Conduct Public Hearing for Conditional Use Permit after staff presentation
2.Motion on Finding of Fact and Resolution PC 2023-01 CUP
3.Conduct Public Hearing for Variance after staff presentation
4.Motion on Resolution for Variance
8
EXHIBIT A
Picture looking North along Jade Rd near proposed entrance to the Facility.
9
Picture taken near the future front entrance of facility looking North towards the bermed area.
Bermed area circled
10
Picture taken from atop the bermed area looking South
11
Pictures looking North towards the Mick property. Most of the vegetation seen is located within
the Mick property. Staff is recommending vegetation be added along the top of the berm to
provide additional screening.
Wooded area is Mick property
Property line
12
Conditional Use Permit Application, City of St. Joseph
Page 1 of 2
Conditional Use Permit Application
FEE: $400 Date Received
Applicant:
Phone: Email:
Mailing Address:
Property Owner:
Phone: Email:
Mailing Address:
PROJECT INFORMATION:
Project/Development Name
Project Location
Parcel Identification Number (PIN):
Legal Description of Property (attach a separate document if needed):
Purpose of Conditional Use Permit:
Hours of operation, including days and times:
Submission Requirements:
Application for a Conditional Use Permit shall be on this form and include the established application fee. The
application and copies of the site plan shall be submitted three (3) weeks prior to the next Planning Commission
meeting. Ten (10) 11x17 copies of the site plan drawn to scale, along with an electronic copy to scale showing
the property dimensions, wetlands, floodplains, grading and drainage, landscaping, location of utilities, location
of all existing and proposed buildings and their sizes, including square footage; location of all existing and
proposed curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks must be
submitted in the initial application. The City may request additional data deemed reasonable and necessary
related to the conditional use.
13
Conditional Use Permit Application, City of St. Joseph
Page 2 of 2
A written narrative outlining the Conditional Use requested, along with any information explaining the
operation is required to be submitted as part of your application.
Review and Decision by the City Council.
The City Council shall review the application after the Planning Commission has made its recommendation and
will make a final determination to either approve or deny the application. In the granting of approval, the City
Council may impose conditions regarding the location, character and other features of the proposed building,
structure or use as it may deem necessary.
This application must be signed by all owners of the subject property.
We, the undersigned, have read and understand the above and that we are responsible for reimbursing the City
for any additional legal, engineering, building inspection or planning fees related to the Conditional Use.
Signature of Applicant Date
Signature of Owner (s) Date
Questions: Phone (320) 229-9424. Submit completed application to:
St. Joseph Government Center
75 Callaway St E
St. Joseph, MN 56374
14
From:Ken Bellicot
To:Nate Keller; Kristyn Farrell
Subject:RE: Days and hours of operation
Date:Friday, August 4, 2023 12:07:16 PM
Attachments:Berm Landscape Proposal.docx
image001.png
Anticipating availability to grounds 7 days per week.
Larger weddings are likely Thursday through Sunday with most focus on Friday and Saturday.
Hours of operation: 6am to 1am
Outside amplified sound Sun-Thur ending at 9p, Fri/Sat ending at 10p
Does this recap the conversation we had at the land based on your recollection?
Landscape berm will fit the description you have – I attached a depiction of guidance for what we
believe would look good and screen appropriately.
Ken
From: Nate Keller
Sent: Friday, August 4, 2023 11:08 AM
To: Ken Bellicot; Kristyn Farrell
Subject: Days and hours of operation
Hello Ken and Kristyn,
I know we discussed this but can you provide a written response to the below:
1. Proposed days of operation specifically when weddings or large events/gatherings will be
conducted
2. Proposed hours of operation.
I need this in written form from you the applicant so we can present what you are proposing
accurately.
I expect there will be discussion on this item from both Planning and Council.
Also if you have the landscape depictions we discussed that would be helpful.
Right now we have general language crafted and stating “ a mix of coniferous and deciduous trees
and shrubs shall be planted along the top of the berm area.”
Thank you!
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
15
Tall Mix – Maple/Pine/Ash/Cedar/etc
Medium Mix – Birch/Spruce/Lilac
Shrub Mix – Colorful/Flowering
Mix/Density not exact – intent is to fully screen with variety of species to provide ranges of color year-round
Annuals/Perennials – Colorful/Flowering
17
ISSUE:
8-10-23
REVISIONS:
DRAWN BY:
CLIENT:
PROJECT
LOCATION:
Jade Road
St. Joseph, MN
PROJECT:
Jade Road
Center
DESCRIPTION:
CONTRACTOR:
Bradbury Stamm
FLOOR PLAN1
A2.0 Scale: 1/8" = 1'-0"
0 4 8
A2.0
ELEVATIONS
18
19
20
21
22
23
24
25
26
27
Soil Map—Stearns County, Minnesota
(Jade Road Venue)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
7/20/2023
Page 1 of 3
50
4
3
3
6
0
50
4
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0
397460 397530 397600 397670 397740 397810 397880
397460 397530 397600 397670 397740 397810 397880
45° 32' 29'' N
94
°
1
8
'
4
8
'
'
W
45° 32' 29'' N
94
°
1
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'
2
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45° 32' 10'' N
94
°
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'
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45° 32' 10'' N
94
°
1
8
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W
N
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 15N WGS84
0 100 200 400 600
Feet
0 40 80 160 240
Meters
Map Scale: 1:2,830 if printed on A portrait (8.5" x 11") sheet.
Soil Map may not be valid at this scale.
28
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:15,800.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Stearns County, Minnesota
Survey Area Data: Version 20, Sep 6, 2022
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Apr 1, 2021—Oct 1,
2021
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Stearns County, Minnesota
(Jade Road Venue)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
7/20/2023
Page 2 of 3
29
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
204B Cushing sandy loam, 2 to 8
percent slopes
10.0 36.5%
204C Cushing sandy loam, 8 to 15
percent slopes
3.9 14.2%
204E Cushing sandy loam, 15 to 25
percent slopes
5.4 19.6%
873 Prebish-Nokay complex 0.6 2.1%
1029 Pits, gravel 2.4 8.9%
D105A Arvilla sandy loam, 0 to 2
percent slopes
5.1 18.7%
Totals for Area of Interest 27.3 100.0%
Soil Map—Stearns County, Minnesota Jade Road Venue
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
7/20/2023
Page 3 of 3
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1108
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10961098
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1101
1096
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93 1 0 9 2
1 0 9 3
1 0 9 4
1 0 9 5
1 0 9 6
10901091
10 8 9
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105 1100 1095
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3 3 .4 3
BUILDING FOOTPRINT
14,500 TOTAL SF (APPROX)
FINISHED FLOOR ELEVATION
ACTUAL = 1095' (VERIFY)
ASSUMED = 100' -0"
J
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LOT 2
25 SPACES
R 20' - 0"
R 6 6 ' - 0 "
R 4 8 ' - 0 "
R 18' - 0"
R
2
0
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0
"
R 64' - 0"
R O W
3 3 ' - 0 "R O W
4 0 ' - 0 "
26' - 0"
1 8' - 0 "
2 6' - 0 "
1 8' - 0 "
LOT 3
48 SPACES
LOT 1a
10 SPACES
LOT 1
17 SPACES
24
'
-
0
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24' - 0"
1
2
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0
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1
2
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SILO
1.01
1.02
126' - 0"
6 2' - 0 "
1.02
1.03
1.011.01
1.04
1.021.02
1.051.05
1.021.02
1.041.04
1.04
1.01
1.01
1.01
1.011.01
1.01
1.01
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1.01
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1.06
1.051.05
1.071.07
1.07
235' - 6"229' - 6"
91
'
-
0
"
1.071.07
1.081.08
1.09
1.10
1.11
1.08
R 44' - 0"
1.121.12
45'
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10'
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24'
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1.04
1.051.05
23
1
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62' - 0"
18' - 0"26' - 0"18' - 0"
64' - 0"
18' - 0"
26' - 0"
20' - 0"
60' - 0"30' - 0"
100' - 0"
8
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18' - 0"
A R C H I T E C T S
Project No:
Project Manager:
Drawn By:
Date:
These drawings and specifications are
the sole property of HMA Architects, Ltd.
any reproduction or reuse of these
documents is forbidden without written
permission from HMA Architects, Ltd.
Signature:
Printed Name:
License No.:
Date:
700 W. St. Germain Street
Suite 200
St. Cloud, MN 56301
www.hma-archs.com
T | 320.251.9155
F | 320.251.4919
hma@hma-archs.com
I hereby certify that this plan, specification
or report was prepared by me or under
my direct supervision & that I am a duly
Licensed Architect under the laws of the
State of Minnesota
Tim Gillet
51031
SITE PLAN
A100
PR
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ST. JOSEPH, MN
JADE ROAD
VENUE
NEW BUILDING:
2321
MJ
MJ
07/21/2023
07/21/2023
REFERENCED KEYNOTES
1.01 CONCRETE PAVEMENT, SEE CIVIL.
1.02 CURB RAMP
1.03 VENDOR LOADING SPACE
1.04 GREEN SPACE
1.05 BITUMINOUS PAVEMENT, SEE CIVIL
1.06 TIERED SOFT SEATING
1.07 CLASS 2 SURFACE PARKING, SEE CIVIL.
1.08 CLASS 2 DRIVEWAY, SEE CIVIL.
1.09 EXISTING BUILDING TO BE REMOVED
1.10 APPROXIMATE LOCATION OF POTENTIAL WETLAND
1.11 FUTURE 60'X100' STORAGE BUILDING.
1.12 DECORATIVE GATE AND PIERS
SCALE: 1" = 40'-0"A100
SITE PLAN1
PLAN NORTH
# Date Description
LEGAL DESCRIPTION
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE 1/4 NW 1/4) LESS HIGHWAY AND THAT
PART OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW 1/4 NE 1/4) LYING WESTERLY
OF ROAD, SECTION 22, TOWNSHIP 124 NORTH OF RANGE 29
31
PLANNING COMMISSION RESOLUTION 2023-001 CUP
KAB LAND LLC CONDITIONAL USE PERMIT
FINDING OF FACT
IN RE:
FINDINGS OF FACT
Application of KAB Land LLC AND DECISION
Conditional Use Permit for Special Event Facility in an area zoned Rural Residential
Subject property is addressed as 28617 Jade Rd in St. Joseph, MN
Parcel ID of property: 84.53300.0321
FINDINGS OF FACT
On August 14th, 2023 the St. Joseph Planning Commission conducted a public hearing to consider
the application of KAB Land LLC., owner and applicant, for a conditional use permit for a Special Event
Facility on the property legally described as follows:
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE ¼ NW ¼) LESS
HIGHWAY AND THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER (SW ¼ NE ¼) LYING WESTERLY OF ROAD, SECTION 22, TOWNSHIP 124
NORTH OF RANGE 29.
“Subject Property”
The St. Joseph Planning Commission hereby adopts the following Findings of Fact:
WHEREAS, on August 14th, 2023 the St. Joseph Planning Commission conducted a public hearing to
consider the application of KAB Land LLC., owner and applicant, for a conditional use permit for a
Special Event Facility on the subject property; and
WHEREAS, That the matter was duly published and notice was posted in the city designated newspaper
and mailed notices were sent to the property owners within three-hundred and fifty (350) feet of the
Subject Property; and
WHEREAS, That the Subject Property is zoned RR – Rural Residential and a Special Event Facility is
allowed through a Conditional Use Permit; and
NOW THEREFORE, BE IT RESOLVED THAT THE ST. JOSEPH PLANNING COMMISSION,
hereby makes the following Findings of Fact:
1.That the surrounding land uses to the Subject Property are Rural Residential to the North and
South; Educational and Ecclesiastical to the East, and R-5 Supportive Care District to the
Northwest and West; and
2.That the Special Event Facility will be located on the Northeast portion of the Subject Property as
depicted in Exhibit A; and
3.The conditional use will not be detrimental to or endanger public health, safety, morals, comfort,
or general welfare of the neighborhood and will be harmonious to the objectives of the
Comprehensive Plan of the City; and
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4.That the conditional use will not involve activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or general welfare of
traffic, noise, smoke, fumes, glare or odors; and
5.That a mix of coniferous and deciduous trees and shrubs will screen the facility and outdoor
ceremony area; therefore, the conditional use will be designed, constructed, operated and
maintained so as to be harmonious and appropriate in appearance with character of the area and is
not hazardous or disturbing to existing or future neighboring uses as the facility is over sixty (60)
feet from the nearest residence; and
6.That adequate utilities and services, including utilities, streets, drainage and other necessary
facilities will be extended to service the site per the requirements of the Developers Agreement
and at the applicants cost and installation and will not create excessive additional costs for
services and/or be detrimental to the economic welfare of the community; and
7.That access will derive from Jade Road a city identified future collector street and proposed
vehicular approaches will be designed to not create traffic congestion or interference with traffic
or surrounding public thoroughfare; and
8.The facility will provide sufficient off-street parking and loading space as required in the City
parking standards and no on-street parking will occur; and
9.The facility will not result in the destruction, loss, or damage of a natural, scenic, or historic
feature of major importance; and
10.The soil conditions are adequate to accommodate the proposed use; and
11.The applicant is proposing to install class two gravel surfacing for the parking lot areas and this
proposal requires a variance to the paving standards of City Code 502.10 Subd. 5 Section B; and
12.The applicant is proposing to pave (asphalt) the entrance road and drop off areas; and
NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION OF ST.
JOSEPH, MINNESOTA, HEREBY RECOMMENDS APPROVAL OF THE CONDITIONAL USE
PERMIT BASED ON THE FOLLOWING CONDITIONS:
1.The property owner is responsible for meeting all Federal, State, Local, and City requirements and
obtaining any and all permits and licenses.
2.That the applicant shall submit a Site Plan application and all Site Plan standards shall be met and
approved prior to allowing a building permit to be issued for the subject property.
3.That a Development Agreement shall be executed as part of this approval and the applicant shall
extend sewer and water lines to service their property as shown in Exhibit A of the Development
Agreement. Such extension shall be required to be installed prior to building permit approval.
4.A right-turn lane shall be installed as depicted in Exhibit C of the Development Agreement.
5.All lighting shall meet City Ordinance. Lighting (wall and pole) shall be full-cut off style or hooded.
6.All parking shall be met on-site. There shall be no parking in the public right-of-way.
7.The outdoor ceremony space shall be fully screened with trees, and shrubs as required by ordinance
to limit impacts to the adjacent residential property to the North. A landscape plan shall be
submitted and approved as part of the Site Plan application. Screening shall be of sufficient height
and opaqueness. Coniferous trees will be required to achieve year-round screening and final plan
will be determined at time of Site Plan.
8.The City shall have the right to inspect the premises for compliance and safety purposes at any
time upon reasonable request.
9.All noise generated by the facility shall met the City Noise Ordinance. Any amplified
sound/music shall be inside of an enclosed building. Sound amplification systems like speakers
and similar devices shall not be allowed to be placed or generated outside of an enclosed
structure.
10.The City’s Liquor Ordinance shall be met.
33
11.The outdoor ceremony space shall not be used between the hours of 9pm-7am Sunday – Thursday
and 10pm-7am Friday and Saturday.
12. Any large gatherings or events of fifty people or more shall be restricted to private events.
13.Revocation: The City Council shall revoke a conditional use permit when it determines that the
terms and conditions of the permit as issued are no longer being complied with. A certified copy
of an order of the City revoking a conditional use permit shall be filed with the County Recorder.
14.Expiration: The conditional use permit shall expire if the authorized use ceases for any reason for
more than one (1) year.
15.If any changes occur the applicant shall seek an amendment to this Conditional Use permit. This
includes but is not limited to: adding a bride/groom overnight room, utilization or construction of
any accessory building for wedding/event related uses, a building expansion of over 25%, holding
large events/gatherings of 50 or more people which are open to the general public or other
significant change as determined by the Zoning Administrator and Planning Commission.
Whereupon said Findings of Fact and Decision was declared duly passed and adopted by the St. Joseph
Planning Commission on this 14th day of August, 2023.
CITY OF ST. JOSEPH
By
Gina Dullinger, Chair
By
Nate Keller, Community Development Director
34
EXHIBIT A
35
KAB LAND LLC
DEVELOPMENT AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
THIS AGREEMENT made effective the day of , 2023, by and
between the City of St. Joseph, a municipal corporation of the State of Minnesota (the “City”), and KAB
Land, LLC, a Minnesota Limited Liability Company (“Developer”).
RECITALS
A.The Developer has the right to develop the property situated in the City of St. Joseph and legally
described on the attached EXHIBIT B (the “Subject Property”) and the development will be
referred to in this agreement as the “KAB Development” or “Subject Property”.
B.On September 5th, 2023 the City approved the Conditional Use Permit on the Subject Property
which approval is contingent on the terms and conditions of this Agreement, including the
Developer and the City entering into this Agreement.
C.The Developer acknowledges that Developer is responsible for all costs incurred by it or the City
in conjunction with the development, including, but not limited to construction of improvements,
legal, planning, engineering and inspection expenses incurred in connection with approval and the
preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Plat and improvements therein, unless otherwise provided herein.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the City and
Developer agree as follows:
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Permits. The Developer shall be responsible for obtaining all permits, approvals, licenses or other
documents from any and all necessary governmental agencies, as applicable, (including but not limited to
the City, Stearns County, the Pollution Control Agency, the Department of Health, and the Department of
Natural Resources, Watershed District, and Northern Natural Gas) so as to enable the development of the
Subject Property.
IMPROVEMENTS
The Developer agrees to construct at their expense the following improvements:
Private Utilities. All private utilities (e.g. electric, telephone, cable television and natural gas)
must be installed underground serving the Subject Property.
Public Improvements. The Developer shall be required to construct and connect to public water
and sewer lines to service the subject property and the water/sewer lines shall be extended to the driveway
entrance of the facility as shown in EXHIBIT A.
Public Improvements. The Developer shall be required to install a right-turn lane as shown in
EXHIBIT C
Record Drawings. Before issuance of the Certificate of Occupancy, the Developer shall provide
all record drawings for the public drainage and utility easements included in the KAB Development, and
they must be approved by the City Engineer. Record base drawings of the private improvements shall be
submitted to the City Engineer in electronic (AutoCAD) format.
ADDITIONAL CONDITIONS OF APPROVAL
The Developer agrees with the following conditions:
A.This developer’s agreement is contingent on the approval of the Conditional Use Permit for the
subject property.
B.Site plan approval is required prior to building permit review and issuance.
C.Civil plans, including but not limited to hydrology/hydraulic computations must be submitted
for review and approval by the City Engineer.
D.All comments by the City Engineer must be resolved to the satisfaction of the City.
E.Facilities constructed within the KAB Development are required to connect to city utilities,
including water, sanitary sewer, and storm sewer.
DEDICATION
Developer has provided to the City any and all necessary easements and/or dedications or deeding
to ensure that the City has the ability to maintain, repair, replace or modify the sewer, and water mains,
storm sewers, holding and sedimentation ponds and other public improvements located in the Development.
37
STORM WATER TREATMENT AREAS AND STORM WATER PIPES
Cleaning of Stormwater Facilities. At such time as the City determines that construction on the
Subject Property has been sufficiently completed so as not to cause significant erosion which will
contaminate the storm water treatment areas servicing the Subject Property, the Developer will clean/dredge
all storm water treatment areas and storm water pipes on the Subject Property. In the event the treatment
areas require cleaning/dredging prior to the completion of all such construction, the City may request that
the Developer complete more than one cleaning of the treatment areas. Developer is responsible for all
permits relating to cleaning and dredging of treatment areas and pipes, including permits required by the
Department of Natural Resources and the Army Corps of Engineers, as applicable.
Maintenance of Stormwater Improvements. Prior to issuance of a building permit, the
Developer shall enter into a storm water facility maintenance agreement. The Developer shall be
responsible for maintaining the stormwater facilities and for observing all drainage laws governing the
operation and maintenance of the stormwater facilities. The Developer shall provide the City with a
schedule that is reasonably acceptable to the City for the periodic inspection of the stormwater facilities by
the Developer. The Developer shall make all such scheduled inspections, keep records of all inspections
and maintenance activities, and submit such records annually to the City upon its request. The cost of all
inspections and maintenance, including but not limited to skimming and cleaning the stormwater facilities,
shall be the obligation of the Developer and its successors.
Stormwater Management. Prior to issuing the Certificate of Occupancy, the following must be
completed:
A.Submittal of as-built record drawings of the stormwater facilities.
B.Submittal of post-construction infiltration field-test, if applicable.
C.Certification by a qualified engineer or hydrologist verifying the facility has been constructed
in accordance with the storm water plans and specifications submitted and approved by the
City with the issuance of the building permit.
D.Final site inspection by City staff or City representative.
EROSION AND LANDSCAPING
Erosion Control. The Developer shall comply with all requirements of the “General Storm Water
Permit for Construction Activity” issued by the Minnesota Pollution Control Agency and with all
requirements of the Sauk River Watershed District permit, if applicable, for construction activities and with
the tasks on EXHIBIT D designated as the Developer’s responsibility. In addition, the City may impose
additional erosion control requirements if in the opinion of the City Engineer such requirements are
necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of
City utility systems. The Developer shall comply with the erosion control plans and with any such
additional instruction it receives from the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Seed shall include rye
grass or other fast-growing seed to provide a temporary ground cover as rapidly as possible. All seeded
areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time
is of the essence in controlling erosion.
38
Hold Harmless Agreement. The Developer acknowledges that its failure to control erosion for
its work may cause flooding and/or damage to adjoining property owners. In such event, the Developer
agrees to hold the City harmless and indemnify the City from claims of all third parties of the Developer
for flooding and/or damages arising out of such failure. Further, after giving five (5) days advanced notice
to Developer and Developer does not comply within said five (5) days the City may undertake any
corrective actions to prevent or minimize any such flooding and/or damage, the Developer agrees to hold
the City harmless and indemnify the City from claims of all third parties for damages arising out of said
corrective action by the City, and agrees to reimburse the City for all out of pocket expenses incurred by
the City arising out of the corrective action including, but not limited to any costs necessary to re-landscape
disrupted soils located with the Plat.
CITY FEES
SAC/WAC. The Developer acknowledges that sewer and water access charges will be
payable at then current rates at the time building permits are issued for construction on the Subject Property.
MISCELLANEOUS
Assignment. This Development Agreement cannot be assigned or transferred without the written
consent of the City which shall not be unreasonably withheld or delayed. A breach of the terms of this
Agreement by the Developer, including the unauthorized assignment or transfer of the Agreement, will be
grounds for denial of the issuance of any building permit.
Waivers. The rights of the City under this Agreement are in addition to any other rights under
statute, ordinance or any other agreement. The action or inaction of the City will not constitute a waiver or
amendment under the provisions of this Agreement. To be binding, amendments or waivers will be in
writing, signed by the parties and approved by the City Council. The City's failure to promptly take legal
action to enforce this Agreement will not be a waiver or release. There is no intent to benefit any third
parties and third parties will have no recourse against the City under this Agreement.
License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Subject Property to perform all work and/or inspections deemed
appropriate by the City during the development of the Subject Property.
Violation of This Agreement. If the Developer fails to perform any of the terms of this Agreement
in the manner required by the City, the City shall have grounds for denial of building or occupancy permits
for the Subject Property.
Agreement Binding. The Developer represents that it fee title to the Subject Property and that the
execution of this Agreement has been duly authorized. All of the terms and provision hereof shall be binding
upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and
shall be binding upon all future owners of all or any part of the Subject Property and shall be deemed
covenants running with the land.
Indemnification. The Developer will have no claim against the City and its officers and employees
for damages sustained or costs incurred resulting from development undertaken by the Developer. The
39
City and its officers, agents and employees will not be personally liable or responsible in any manner to the
Developer, contractor or subcontractors, suppliers, laborers, or to any other person or persons whomsoever,
for any claims, demands, damages, actions, or causes of action of any kind or character whatsoever arising
out of or by reason of the execution of this Agreement, or the design, performance, and completion of the
work and the improvements to be provided by Developer pursuant to this Agreement. The Developer will
hold the City harmless from claims by third parties, including but not limited to other property owners,
contractors, subcontractors and suppliers, for damages sustained or costs incurred resulting from plat
approval and the development of the Subject Property. The Developer agrees to indemnify, defend and
hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding
whatsoever by any person for any loss or damage to property or any injury to or death of any person
resulting from any actions by the Developer, or its agents or contractors.
Certificate of Occupancy. The City will not issue the certificate of occupancy for the Subject
Property’s building until the building has been connected to sanitary sewer and water, complied with the
grading, building and site plans, and the private access driveway for the Subject Property has been
constructed with bituminous in accordance with the plans approved by the City with the building permit.
DEFAULT ON AGREEMENT
Events of Default. The following shall be “Events of Default” under this Agreement and the term
“events of default” shall mean, whenever it is used in this Agreement (unless the context otherwise
provides) any one or more of the following events:
A.Failure by the Developer to observe and substantially perform any covenant, condition,
obligation, or agreement on its part to be observed or performed hereunder.
B.If the Developer shall admit in writing its inability to pay its debts, generally as they become
due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its
creditors, or shall consent to the appointment of a receiver of itself or of the whole or any
substantial part of the Subject Property.
C.If the Developer fails to reimburse the City within thirty days of receipt of invoice for any costs
required to be paid by the Developer under this Agreement, including the costs set forth in
Recital D.
D.If the Developer does not pay the assessments due on the Subject Property pursuant to the terms
of this Agreement and/or provisions of Minnesota Statutes Chapter 429.
If the Developer fails to cure the Event of Default within ten (10) days of the date of notice sent to
Developer by regular first class U.S. mail, Developer agrees that the City is hereby granted the right and
privilege to declare any amounts expended by the City then due and payable as liquidated damages, and
the City may immediately bring legal action against the Developer to collect such sums expended by the
City, including reasonable attorney’s fees and engineering fees and all court costs. The Developer shall be
personally responsible for payment of such sums; in addition, the City shall have a lien against the
Subject Property. In addition to any other remedy provided in this Agreement, and without waiver of any
such right, the City may avail itself of any or all of the following remedies:
1.Halt all development work and construction of Improvements.
40
2.Refuse to issue building permits or occupancy permits until such time as the Event of
Default is cured.
3.Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default.
4.Terminate this Agreement by written notice to the Developer.
Addresses.
The address of the Developer for the purposes of this Development Agreement is:
KAB Land LLC
2244 Orchid Loop South
St. Cloud, MN 56301
The address of the City for the purposes of this Development Agreement is:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF ST. JOSEPH
By: ____________________________ Date: _________________________
Rick Schultz, Mayor
By: ____________________________Date:___________________________
David Murphy, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged in Stearns County, State of Minnesota before me on the _____
day of ____________, 2023, by Rick Schultz and David Murphy, the Mayor and City Administrator,
respectively, of the City of St. Joseph.
___________________________
Notary Public
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DEVELOPER
KAB LAND, LLC
By: ____________________________ Date: _________________________
Ken Bellicott, President
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged in Stearns County, State of Minnesota before me on the _____
day of ____________, 2023, by Ken Bellicott, the President of KAB LAND, LLC.
___________________________
Notary Public
Drafted By:
City of St. Joseph,
75 Callaway St. E
St. Joseph, MN 56374
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Exhibit A
Required Sewer and Water line extension
43
Exhibit B
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Exhibit C
Right turn lane
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Exhibit D
Stormwater details
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EXHIBIT
A
PROJECT NO.
DATE:
STJOE G188
06/28/2022
UTILITY LAYOUT
EVENT CENTER
ST. JOSEPH, MINNESOTA
LEGEND
ELEVATIONS ABOVE 1,130
BOOSTED WATER PRESSURE
RECOMMENDED
WETLAND
47
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ORDINANCE 1002 REGULATION OF NOISE .............................................................. 1002-01
Section 1002.01: DECLARATION ............................................................................ 1002-01
Section 1002.02: FINDINGS ...................................................................................... 1002-01
Section 1002.03: NOISES PROHIBITED .................................................................. 1002-02
Section 1002.04: UNLAWFUL ACTS ....................................................................... 1002-02
Section 1002.05: LANDLORD’S LIABILITY .......................................................... 1002-04
Section 1002.06 ENFORCEMENT ........................................................................... 1002-05
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ORDINANCE 1002 REGULATION OF NOISE
Section 1002.01: DECLARATION.
There have come into being within the city certain loud, avoidable, unnatural and unnecessary
noises, which under certain circumstances and conditions, constitute a serious threat to the
health, the welfare, the contentment and the feeling of well-being of our people. Therefore, the
city council does declare that the doing of such things in a manner prohibited by, or not in
conformity with, the terms of this Ordinance constitutes an undesirable noise and shall be
punished as hereinafter provided.
Section 1002.02: FINDINGS.
(a)Excessive noise degrades the environment of the city and the city has a substantial
and, in some cases, compelling interest in controlling such noise.
(b)Excessive noise degrades the environment to a degree that:
(1)is harmful to the health, welfare and safety of its inhabitants.
(2)interferes with the comfortable enjoyment of life and property.
(3)interferes with the well-being, tranquility, and privacy of the home.
(4)causes and/or aggravates health problems.
(c)Individuals are not required to welcome unwanted noise into their own homes and
there simply is no right to force unwanted noise into the home of an unwilling
listener and there is a compelling interest in prohibiting such noise on a content
neutral basis.
(d)Effective control and elimination of excessive noise is essential to the health and
welfare of the city's inhabitants and to the conduct of the normal pursuits of life,
including recreation and communication.
(e)It is the intent of the city council to prevent excessive noise without unreasonably
infringing upon the rights of the city's inhabitants and visitors.
(f)It is the intent of the city council to prevent excessive noise, whenever possible,
without substantially burdening the free exercise of religion and in every case
within the constraints set by the Minnesota and U.S. Constitutions and applicable
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statutes and this ordinance is intended to be interpreted as consistent with all such
constraints.
(g) The city's interest in regulating noise should and does take into account the time,
place, and manner of such noise.
(h) Certain short term easing of noise restrictions is essential to allow the
maintenance and continuation of structures, infrastructure, and other elements
necessary for the physical and commercial vitality of the city.
(i) Uses of sound amplifying equipment in certain ways and at certain times and
places unreasonably invades the personal privacy, peace, and personal freedom of
citizens and visitors of the city.
(j) The city council feels obligated to reasonably regulate on a content neutral basis
the time, place, and manner of using sound amplifying equipment in order to
protect the correlative constitutional rights of the citizens and visitors of this
community to personal privacy, peace, and personal freedom from diminishment
by invasive and unwanted noise which is unnecessary or for which there are
ample alternative channels.
Section 1002.03: NOISES PROHIBITED. No person shall make or cause to be made
any distinctly and loudly audible noise that is likely to unreasonably or unnecessarily annoy,
disturb, injure or endanger the comfort, repose, health, peace, safety, or welfare of any person or
precludes their enjoyment of property or affects their property's value. This general prohibition
is not limited by the specific restrictions of unlawful acts listed in Section 1002.04.
Section 1002.04: UNLAWFUL ACTS. The following acts are declared to be loud,
disturbing and unnecessary noises in violation of this Ordinance, but said enumeration shall not
be deemed to be exclusive.
Subd.1: Horns and Other Signal Devices. No person shall sound any horn or signal
device on an automobile, motorcycle, bus, or other vehicle, except as a danger signal or traffic
warning.
Subd. 2: Operation of Vehicles. No person shall us any automobile, pickup truck,
motorcycle, or other vehicle which is not reasonably maintained and which causes noise which
would be likely to cause significant discomfort or annoyance to a reasonable person or normal
sensitivities present in the area.
Subd. 3: Exhaust Systems. No person shall discharge into the air loud noises through the
exhaust of any vehicle, except through a working muffler system which will effectively prevent
loud or explosive noises. All motor vehicles must be operated with muffler systems which
comply with all applicable state laws and regulations.
Subd. 4: Engine Braking Prohibited.
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a)No person may slow a vehicle by the practice known as engine braking, also
referred to as "jake braking" or "dynamic braking," whereby rapid downshifting
of a vehicle's engine is used in lieu of applying a vehicle's brakes, causing loud
noises to emit from the vehicle's engine and exhaust system. Engine braking by
any motor vehicle on any public highway, street, parking lot or alley within the
corporate limits of the City of St. Joseph is hereby declared to be a public
nuisance and is prohibited.
b) The foregoing provision shall not apply to emergency vehicles.
Subd. 5: Defective Vehicles or Loads. No person shall operate any automobile,
motorcycle, or vehicle so out of repair, so loaded, or in such a manner as to create loud and
unnecessary grating, grinding, rattling, or other noise which will disturb the comfort or repose of
any persons in the vicinity.
Subd. 6: Amplified Sound from Vehicles. No person shall operate any electronic device
used for the amplification of music or other entertainment or sound, which is located within a
motor vehicle being operated on a public street or alley, or in commercial or residential parking
facilities, which is audible by any person from a distance of 50 feet or more from the vehicle.
When the sound violating this section is produced when the motor vehicle’s owner is present
when the violation occurs, it shall be a violation caused by the motor vehicle owner. If the motor
vehicle’s owner is not present at the time of the violation, the person in charge or control of the
vehicle at the time of the violation violating this section shall be the person in violation of this
section.
Subd. 7: Loading, Unloading, Unpacking, and Opening of Boxes. No person shall create
loud and excessive noise in loading, unloading, unpacking any vehicle, or the opening and
destruction of bales, boxes, crates or containers.
Subd. 8: Amplified Sounds. No person shall operate or play any electronic device used
for the amplification of sound in a distinct and loudly audible manner that is likely to disturb the
peace, quiet, and comfort of another person at any time with louder volume than is reasonably
necessary for convenient hearing of the person or persons who are in the room, vehicle, chamber,
or immediate vicinity in which such device is being operated. Operation of any such amplified
sound device in such a manner as to be plainly audible at the property line of the structure or
building in which it is located, in the hallway or apartment adjacent, or at the property line if the
source is located outside a structure or building shall be prima facia evidence of a violation of
this section.
Subd. 9: Participation in Noisy Parties or Gatherings. No person shall participate in any
party or other gathering or permit any party or other gathering of people giving rise to noise,
which is likely to disturb the peace, quiet, or repose of another person. When a police officer
receives a complaint and determines that a gathering is creating such a noise disturbance, the
officer may order all persons present, other than the owner or tenant of the premises where the
disturbance is occurring, to disburse immediately. No person shall refuse to leave after being
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ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge
of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Any
such noise is presumed to have the effect of disturbing the peace, quiet, or repose of another
person if it is heard outside the limits of the real estate from which the party is occurring. Such a
noisy party or gathering constitutes a violation of this ordinance.
Subd. 10: Animals. No person shall keep any animal that disturbs the comfort or repose
of persons in the vicinity by its frequent or continued noise.
Subd. 11: Outdoor Implements and Lawn Equipment. Any outdoor implements or lawn
equipment, such as a power lawnmower, snowblower, power hedge clipper, power saw, leaf
blower, or trimmer, should be operated only between the hours of 7:00 AM and 9:00 PM. No
leaf blowers shall be operated by any person without a muffler. A snowblower may be operated
at any time during the pendency of an official snow emergency and at any time within twenty-
four (24) hours following a snowfall of one inch or greater.
Subd. 12: Industrial Noise. Industrial or manufacturing activities which result in noise
audible on residentially used areas shall be prohibited between the hours of 9:00 PM and 7:00
AM, and shall be prohibited if the noise exceeds the noise standards set forth in Minnesota Rule
7030.0040, or as it may hereinafter be amended. Minnesota Rules, Chapter 7030, and A guide to
Noise Control in Minnesota, as adopted and revised from time to time by the Minnesota
Pollution Control Agency, are hereby incorporated by reference into this section on industrial
and manufacturing activities and made a part hereof. Residentially used areas shall be defined as
any building or portion thereof designed or used exclusively for human habitation, including
single-family, two-family, and multiple-family dwellings without regard to their size or location
within the City, plus any area within 500 feet of such building or portion thereof which is so
used. Residentially used areas shall include any mixed-use building which contains a dwelling
unit, plus any area within 500 feet of such dwelling unit. Residentially used area shall not be
established by the locations of building which are principally hotels, motels, or rooming houses.
Subd. 13: Construction Noise. Construction activities which result in noise audible on
property other than that on which the activities are occurring shall be prohibited between the
hours of 9:00 PM and 7:00 AM. Construction equipment subject to the restrictions on
construction noise shall include, but not be limited to, the following: any vehicle or device used
for the purposes of construction, or used to transport equipment, materials, supplies or debris to
or from a construction site, including, but not limited to, a jackhammer, hammer drill, bulldozer,
dump truck, front-end loader, bobcat, crane, or backhoe.
Subd. 14: Operation of Minibikes and Recreational Vehicles. . No person shall, between
the hours of 9:00 PM to 6:00 AM., drive or operate any minibike, or other recreational vehicle
not licensed for travel on public highways. Snowmobiles and ATVs shall be controlled by the
operation of the Snowmobile and ATV Ordinances and this Ordinance shall not cover the
operation of snowmobiles.
Section 1002.05: LANDLORD’S LIABILITY. Violations of the noise control
regulations shall be the act of the owner of the residential dwelling unit even though he does not
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reside in the unit as well as the persons on the premises who violate said regulations. The
landlords operating license may be subject to suspension or revocation for the first violation,
without the necessity of knowledge by the owner or warning that the property is/was operated or
maintained in violation of this Ordinance. No suspension or revocation of a rental license shall
occur until the licensed owner has been afforded an opportunity for hearing, as detailed in
Ordinance 505 of the St. Joseph Code of Ordinances. For purposes of this section, owner is
defined to include corporations and partnerships as well as individual owners.
Section 1002.06: ENFORCEMENT.
Subd. 1: Enforcement Duties. The police department shall enforce the provisions of this
Ordinance.
Subd. 2: Civil Remedies. This Ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
Subd. 3: Criminal Penalties. Every person who violates any provision of this Ordinance
is guilty of a petty misdemeanor. Any individual who is convicted of three or more violations
within a three-year period shall be guilty of a misdemeanor. Plus, in either case, the costs of
prosecution. Each act of violation and each day a violation occurs or continues constitutes a
separate offense.
Section 1002.06: Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part; and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision or part.
Amended 07/2013
53
St. Joseph Application for Variance Page | 1
Application Fee:
Application for Variance $400
Variance: A variance is to allow for an exception to the City’s land use regulations, including dimensional
standards i.e. setbacks and height limits. It is not intended to allow a use not permitted in the underlying zoning
district. Variances are reviewed by the Planning Commission, who conducts a public hearing on behalf of the City
Council and makes a recommendation to either approve or deny the variance request. The City Council will make
the final decision to approve or deny the variance.
Pre-Application: Contact and Meet with City Planning Department staff prior to application submittal to
understand the process and identify potential issues. An applicant may want to contact the neighboring property
owners/tenants regarding the variance request prior to submitting the application to the City for formal
consideration.
Application Deadline & Completeness: All required application information and payment of the application fee
must be received by the City at least three weeks prior to the regularly scheduled Planning Commission meeting in
which you wish to be heard (attached submittal and meeting schedule).
All applications are evaluated by Planning Department staff, including the application form, site plan, and other
relevant supporting information. If the materials submitted are deemed to be incomplete, Planning Department staff
will not process the application and not place the item on the Planning Commission agenda.
Application Information Required: A site plan, drawn to scale including the following information, must
accompany the application form with applicant(s) and owner(s) signature(s):
1.Description of site (legal description).
2.Site plan drawn at scale showing parcel and building dimensions.
3. Location of all buildings and their square footage.
4.Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.
5. Landscaping and screening plans.
6.Drainage plan.
7.Sanitary sewer and water plans with estimated use per day.
8.Soil type.
9. Any additional data reasonably required by the Zoning Administrator or Planning Commission.
Public Notification:
Mailed Notification: Minnesota Statute requires written notice of the variance request be mailed at least ten (10)
days prior to the public hearing date. Notice of the public hearing is sent by the City to all property owners located
within three hundred fifty (350) feet of the subject property.
Published Notification: Minnesota Statute requires that a minimum of ten (10) days prior to the public hearing date,
notice of the variance request is published in the official newspaper (St. Joseph Newsleader).
Staff Review: Staff will review all application materials and prepare a memorandum for the Planning Commission.
The memo will contain City staff’s recommendation to approve, approve with conditions, or deny. A copy of all
application materials, including the staff memo, will be provided to the applicant via email or mail prior to the
Planning Commission meeting. All materials will be available to the public through the City’s website.
Planning Commission Meetings: Planning Commission meetings are held on the second Monday of each month,
unless there is a conflict with an election or holiday.
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St. Joseph Application for Variance Page | 2
•In accordance with the adopted rules of order and procedure, an individual board member will not
accept or participate in any discussion or review/receipt of information related to any pending request
outside of an official meeting of the Planning Commission. All communications should be sent to
Planning Department staff, who will distribute the information to all board members. Planning
Commission members are encouraged to and may visit the subject property prior to the meeting.
•The Planning Commission chairperson will open the public hearing. It is recommended that the
applicant, or their designated representative, testify first at the public hearing by outlining what the
request is and why it should be approved. The speaker may be asked to respond to questions/concerns
expressed by interested parties, Planning Commission members, or the general public.
•The Planning Commission has the option of recommending the City Council approve the request,
approve the request with conditions, deny the request, or table the matter to their next meeting.
•The recommendation of the Planning Commission will be forwarded to the City Council for final
decision.
Granting a Variance and Findings of Fact:
•The City Council may grant a variance 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.
•The Planning Commission and City Council will adopt findings of fact based on the ordinance and
information provided by the applicant.
•No variance shall be granted simply because there are no objections or because those who do not object
outnumber those who do, nor for any other reason other than proven practical difficulties. Granting of a
variance is prescribed by Minnesota State Law.
•A copy of the recommendation by the Planning Commission will be forwarded to the City Council and
the applicant and available on the City website with the Council meeting material. The City Council
does not accept additional testimony on the proposed application but rather will review the request
based on meeting the variance criteria, along with considering the recommendation of the Planning
Commission and city staff.
Withdrawal and Refund Policy: An applicant has the right to withdraw an application at any time prior to the
decision on the application. Such withdrawal must be in writing and the fee will not be refundable.
Note to Applicant: Please be aware that any written information you provide with your application or at a public
hearing, including pictures, becomes the property of the City. All comments made at all meetings of the Planning
Commission and City Council become part of the public record.
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St. Joseph Application for Variance Page | 3
Questions/Submit Completed Application To:
City of St. Joseph
Attn: Nate Keller
75 Callaway St E
St. Joseph, MN 56374
Phone: (320) 229-9425 Email: nkeller@cityofstjoseph.com
Website: www.cityofstjoseph.com
PLEASE KEEP THIS MATERIAL FOR YOUR INFORMATION
ATTACHMENTS
1.Application for Variance
2. Schedule of Planning Commission & City Council meeting dates
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St. Joseph Application for Variance Page | 4
Application for Variance
APPLICANT INFORMATION:
Name (s): Date:
Address:
City: State: Zip:
Email Address:
INFORMATION ON PROPERTY OWNER (if different from Applicant):
Property Owner:
Address:
Telephone: Email:
PROPERTY INFORMATION:
Street Address of Subject Property:
Purpose of Variance:
Legal Description of Property (may be attached instead of listed):
VARIANCE APPROVAL
The City Council may allow a departure from the terms of the zoning ordinance pertaining to setbacks, height or
width of structures or the size of yard and open spaces where such departure will still be in harmony with the general
purpose and intent of the ordinance. A variance may be granted if enforcement of a zoning ordinance provision as
applied to a particular piece of property would cause the landowner “practical difficulties.” For a variance to be
granted, the applicant must satisfy a three-factor test for practical difficulties under state statute. All three factors
must be satisfied to constitute practical difficulties. The factors are as follows:
1.That the property owner proposes to use the property in a reasonable manner but cannot do so under the rules of
the ordinance.
Explain how this applies to your request:
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St. Joseph Application for Variance Page | 5
2.That the landowner’s problem is due to circumstances unique to the property not caused by the landowner.
There are uniquely exceptional circumstances or conditions applying to the land, structure or building in
question that do not generally apply to other properties in the same zoning district i.e. sloping topography or
other natural features.
Explain how this applies to your request:
3.That if the variance is granted it will not alter the essential character of the locality meaning the structure will
not be out of scale, out of place, or otherwise inconsistent with the surrounding area.
Explain how this applies to your request:
NOTE: Economic considerations alone shall not constitute practical difficulties. Rather, practical
difficulties exist only when the three statutory factors are met. Additional conditions may be imposed to
ensure compliance with the City Code and to protect adjacent properties.
APPLICATION FOR VARIANCE APPROVAL
Applications for Variance Approval shall be on this form and shall include the established fee. The application and copies
of the site plan shall be submitted three (3) weeks prior to the next Planning Commission meeting. (Please see attached
meeting schedule). The application shall contain twelve (12) copies (8.5”x11” or 11”x17”) of exhibits, which will include
the following information:
Site Plan drawn at scale showing parcel, grading, landscaping and location of utilities, as applicable.
Location of all buildings and their square footage.
Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.
Landscaping and screening plans.
Sanitary sewer and water plan with estimated use per day.
Drainage and grading plan; indicate soil type.
Any additional information reasonably required by the City Staff, Planning Commission or City Council.
We, the undersigned, hereby certify that we have read, examined and understand this application and that the
information submitted herein and attached hereto is true, accurate, and correctly states my intentions.
Signature of Applicant: Date:
Signature of Owner: Date:
STAFF USE ONLY
Application Fee Due: $400.00
Application Fee Received by: Date Application Received:
58
From:Ken Bellicot
To:Nate Keller
Cc:Kristyn Farrell; Mike Juhl
Subject:Re: Variance application
Date:Thursday, July 27, 2023 10:23:37 AM
I believe Class 2 was referenced as dustless by Bradbury Stamm.
Ken
On Jul 27, 2023, at 9:59 AM, Nate Keller <nkeller@cityofstjoseph.com> wrote:
If crushed granite/limestone is the preference we can place that as preferred option.
Do you know what class crushed substance it would be?
Want to verify if you are thinking of small finely crushed granite or larger crushed
granite stones?
Reason I ask is because of dust control and different crushed materials and sizes will
create different levels of dusting impacts.
Thank you,
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell (320)-557-3524
Office (320)-229-9425<image001.png>
From: Kristyn Farrell <KristynFarrell@hotmail.com>
Sent: Thursday, July 27, 2023 9:26 AM
To: Nate Keller <nkeller@cityofstjoseph.com>
Cc: Ken Bellicot <kbellicot@gmail.com>; Mike Juhl <m.juhl@hma-archs.com>
Subject: Re: Variance application
Let’s remove pavers from the application then and say crushed granite and limestone.
Will that work?
Thank you!!
Kristyn Farrell
Owner, Laura Leigh Images, LLC
59
320.282.1588
On Jul 27, 2023, at 9:19 AM, Nate Keller <nkeller@cityofstjoseph.com>
wrote:
Good morning Ken and Mike,
In the variance app the type of material states “crushed granite, crushed
limestone, pavers, etc.”
Just to confirm if you do paver stone you do not need a variance.
Is the thought/intent to do gravel or are you open to doing pavers and
avoid the variance?
Otherwise can you list your top preferred material?
Code reference:
502.10 Subd. 5 Section B: Such parking lots shall be constructed and
maintained in a useable condition, with a hard surface consisting of
concrete, bituminous, pavement or paver stone designed to drain and
dispose of surface water.
Thank you!
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell (320)-557-3524
Office (320)-229-9425
<image001.png>
60
Document drafted by the City of St. Joseph, Minnesota Page 1 of 3
RESOLUTION 2023-002V
A RESOLUTION APPROVING A
VARIANCE TO THE PARKING LOT MATERIAL REQUIREMENTS
WHEREAS, KAB Land LLC, 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 addressed as 28617 Jade Rd, St. Joseph, Minnesota and Parcel ID
84.53300.0321: (“Subject Property”) and legally described as:
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE ¼ NW ¼) LESS
HIGHWAY AND THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER (SW ¼ NE ¼) LYING WESTERLY OF ROAD, SECTION 22, TOWNSHIP 124
NORTH OF RANGE 29.
“Subject Property”
WHEREAS , That the Applicant appeared before the St. Joseph Planning Commission on August 14th,
2023; and
WHEREAS, That the Subject Property is zoned RR Rural Residential; and
WHEREAS , That the Planning Commission conducted a Public Hearing on August 14th, 2023 at which
time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and
WHEREAS, That the variance notice was duly published and notice was provided to property owners
within three hundred and fifty (350’) feet of the subject property; and
WHEREAS , That the applicant is requesting a variance to install gravel or similar crushed material
surfacing in lieu of City ordinance 502.10 Subd. 3 N which requires surfacing to be paved, asphalt or
paver materials; and
NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, that the following Finding of Fact approve the variance:
1.The variance is 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. Allowing gravel parking within a Rural
Residential district is consistent with many of the driveways and parking areas found in this
district and is consistent with historical allowances of similar uses in other zoning districts.
2.The applicant has established that there are practical difficulties in complying with the zoning
ordinance.
3.Installing gravel or a similar crushed material is a reasonable alternative to the ordinance
standards.
4.The circumstances have not been caused by the landowner.
5.The variance if granted will not alter the essential character of the locality. The property is
located in a Rural Residential district where it is common to see driveway and parking areas
consist of gravel, dirt, or similar non-paved surfacing.
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Document drafted by the City of St. Joseph, Minnesota Page 2 of 3
6.Economic considerations and factors are not the reason a variance is being sought.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, as follows:
1.The proposed parking lot areas as shown in Exhibit A is granted a variance to be gravel provided
a.The owner shall ensure no gravel is tracked onto the public right-of-way/street.
b.Failure to adhere to these conditions is grounds for the city to revoke the variance.
c.The Applicant shall be responsible for all City costs incurred in administering and
enforcing this variance
d.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 City Council
this 14th day of August, 2023.
CITY OF ST. JOSEPH
By___________________________
Rick Schultz, Mayor
By____________________________
David Murphy, City Administrator
EXHIBIT A
62
Document drafted by the City of St. Joseph, Minnesota Page 3 of 3
Areas where gravel surfacing is being proposed.
63
Document drafted by City of St. Joseph, MN Page 1 of 2
RESOLUTION 2023- 001V
A RESOLUTION OF DENIAL REGARDING A VARIANCE
TO THE PARKING LOT MATERIAL REQUIREMENTS
WHEREAS, KAB LAND, LLC, 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 addressed as 28617 Jade Rd St. Joseph, Minnesota and
Parcel ID 84.53300.0321 (“Subject Property”) and legally described as:
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE ¼ NW ¼) LESS
HIGHWAY AND THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER (SW ¼ NE ¼) LYING WESTERLY OF ROAD, SECTION 22, TOWNSHIP 124
NORTH OF RANGE 29.
“Subject Property”
WHEREAS, The Applicant appeared before the St. Joseph Planning Commission on August 14th, 2023;
and
WHEREAS, That the Subject Property is zoned RR Rural Residential; and
WHEREAS, That the Planning Commission conducted a Public Hearing on August 14th, 2023; and
WHEREAS, That the variance notice was published and mailed notices sent to all property owners
within three hundred and fifty (350’) feet of the subject property; and
WHEREAS, 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; and
WHEREAS, That the applicant is requesting a variance to install gravel or similar crushed material
surfacing in lieu of City ordinance 502.10 Subd. 3 N; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, that the following Findings of Fact 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 demonstrated in the Comprehensive Plan.
2.The applicant has not established that there are practical difficulties in complying with the zoning
ordinance.
3. Installing gravel or a similar crushed material is not a reasonable alternative to the ordinance
standards. The proposed gravel areas are areas of higher usage and traffic given they serve as the
principle parking areas within the site.
4.The circumstances have been caused by the landowner as the proposed material for the parking
lots 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
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Document drafted by City of St. Joseph, MN Page 2 of 2
aware that the city ordinances apply.
5.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 is required to meet city standards. A variance to allow gravel or similar crushed
surfacing is not consistent with current enforcement and application of the prescribed regulations
for parking lot usage within a Rural Residential district.
6. Economic considerations cannot constitute practical difficulties.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph Planning
Commission this 14th day of August, 2023.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
David Murphy, City Administrator
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Planning Commission Agenda Item 6c
MEETING DATE: August 14th, 2023
AGENDA ITEM: 6c Murals
SUBMITTED BY: Community Development Director
STAFF RECOMMENDATION: Consider making changes to the Ordinance to formally allow a process
and develop regulations to permit murals in the community
PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION:
Staff along with the CVB are looking at potential grants through the Central MN Art Board to help support
projects like a mural painting. Staff would like Planning Commission input on murals. Then the goal would
be to develop a regulatory process to permit murals in the Commercial districts (B-1 and perhaps B-2). The
goal would be to have regulations that are clear, can be applied consistently, are transparent, and allow for
little grey areas.
Current code application interprets murals as signs and as such they would follow the city’s sign regulations.
What has been included is just a starting point for discussion
ATTACHMENTS: Sample mural information
REQUESTED PLANNING COMMISSION ACTION:
1.Discussion on mural guidelines
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MURALS
Many communities that formally allow murals also have a Public Art Ordinance.
If communities are silent on murals, then they are often interpreted as signs and thus limited or
prohibited by code.
Communities that have a Public Art Ordinance often have a committee or group like the
Planning Commission review proposals in comparison to the guidelines and then issue approval.
Other communities handle the permits Administratively by allowing staff to issue
approvals/denials.
Staff could also see murals being handled similarly to how community banner signs are
handled. Banner signs hung across the street are reviewed and approved by the Planning
Commission. Murals could potentially be handled similarly. The first step is to define what a
mural is and develop guidelines to them. Below are a few examples of how murals are defined
and regulated.
City of Maplewood, MN
Mural means a design, image, or expression on the exterior of a building, generally for the
purpose of decoration or artistic expression, including, but not limited to, paintings, markings,
and etchings and does not include any on or off-site advertisement.
Thief River Falls - https://www.citytrf.net/sites/g/files/vyhlif5491/f/pages/mural_application.pdf
City of Bloomington
MURAL. A hand produced or machined visual graphic applied or affixed to the exterior surface of a
building or structure through the application of paint, canvas, tile, metal panels, applied sheet graphic,
or other medium. Any representation which identifies a business or building by logo, product, service,
trademark, message, or slogan is considered a sign. Uniform painting or coating of an exterior building
surface does not constitute a mural. A mural is separate and distinct from graffiti, which is defined
elsewhere in § 12.72 of this code.
Mural Application and Approval Process
Any proposed new mural or any proposed modification to an existing mural must be reviewed and
approved by City staff for compliance with City Code and this Policy prior to installation on any building
or structure.
Mural Permit Application
A property owner or occupant interest in hosting a mural must submit an application that includes the
following,unless specifically exempted by the Creative Placemaking Director:
i.Name, address, phone number, and email of the owner or operator of the property where the mural
will be located.
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ii.Written permission, signed by the property owner or someone with legal authority to sign on its
behalf,including approval of the selected artist and final design.
iii.Clear, legible scaled drawings with a description showing the location of the mural. Identify the wall
or walls that will host the mural, cross streets, building dimensions, and show the immediate
surrounding area. Provide photos if available.
iv.Artwork statement/description, include if there are any intentional changes to the design or material
quality over time.
v.Installation plan, including prep work, proposed materials or products, how the mural will be affixed
to the building, and demonstration or documentation of durability, which can include warranty or other
durability-related information of proposed products.
vi.A proposed maintenance plan and schedule that includes the timeframe for the life of the mural and
method for removal, if applicable.
vii.Permission to include in any City public art maps, Apps, or brochures.
b.The review process will be completed by City staff and approval or denial will be made by the Creative
Placemaking Director and Planning Manager. The review timeline approval will be consistent with the
requirements of Minnesota Statute 15.99
c.City staff will review mural permit applications and will issue a mural permit if the application is
complete, and the design conforms to City Code and this Policy.
d.Mural permit application fee: $150
e.Mural permits expire if installation of the mural has not commenced within one year of the mural
permit issuance date. The installation of the mural must be completed within two years of the mural
permit issuance date.
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Planning Commission Agenda Item 6d
MEETING DATE: August 14th, 2023
AGENDA ITEM: 6d Landscape requirements in Industrial Zoned property
SUBMITTED BY: Community Development Director
STAFF RECOMMENDATION: Discussion only
PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION:
Staff have received multiple concerns on the required landscape requirements for trees/shrub plantings for
Industrially zoned properties. The trees/shrubs are required for new builds or expansions which result in
greater than 25% increase in building foot print. Current language reads:
502.12 Subd 5.
D.Performance Standards. A landscape plan must be submitted with each project and
such plan must be prepared by an experienced landscape person. In order to
achieve landscaping which is appropriate to scale with the site of a building and
site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B-1
1.Trees: One tree for every one thousand (1,250) square feet of total
building floor area or one tree for every one hundred feet (100’) of site
perimeter, whichever is greater. A minimum of twenty-five percent (25%)
of the trees required will be coniferous.
2.Ornamental Trees: One ornamental tree can be substituted for every six-
tenths (6/10) overstory deciduous shade tree. In no case shall ornamental
trees exceed fifty percent (50%) of the required number of trees.
3.Understory Shrubs: One understory shrub for every four hundred fifty
(450) square feet of building or one shrub for every seventy five feet (75’)
of site perimeter, whichever is greater.
Given the language requires X amount of trees and X amount of shrubs per Square foot of building or per
X amount of feet of site perimeter (whichever is greater) the quantity of plantings can be high for larger
buildings. For example, a 200,000 SF warehouse building would be required to plant 160 trees, and 571
shrubs.
Staff would like the Commission to discuss:
•What is appropriate for the Industrial district. E.g. what does the Planning Commission expect the
Industrial Park to look like? How do plants play into that expectation and beautification?
•Should the ordinance be amended to create more flexibility?
Some options could include:
•cap the number of trees or shrubs required in Industrial zoned property
•Utilize site perimeter not just Square feet of building space
•Cap square footage of building space used to calculate required plantings
•Add language where Industrial properties are only required to do half the number of plantings
required
•Nothing keep the ordinance as is
ATTACHMENTS: Example amendment language
REQUESTED PLANNING COMMISSION ACTION: 1. Discussion on landscape requirements
specifically the quantity of trees and shrubs required by ordinance.
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EXAMPLE LANGUAGE
EXISTING ORDINANCE SHOWN IN BLUE
AMENDED ORDINANCE SHOWN IN RED
Options are not shown in any particular order nor is language exact. These are just options to help
spur conversation.
Option 1
502.12 Subd 5.
D.Performance Standards. A landscape plan must be submitted with each project and
such plan must be prepared by an experienced landscape person. In order to
achieve landscaping which is appropriate to scale with the site of a building and
site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B-1.
1.Trees: One tree for every one thousand (1,250) square feet of total building
floor area or one tree for every one hundred feet (100’) of site perimeter,
whichever is greater except in I-1 properties where minimums can go off site
perimeter. A minimum of twenty-five percent (25%) of the trees required will
be coniferous.
2.Ornamental Trees: One ornamental tree can be substituted for every six-
tenths (6/10) overstory deciduous shade tree. In no case shall ornamental
trees exceed fifty percent (50%) of the required number of trees.
3.Understory Shrubs: One understory shrub for every four hundred fifty (450)
square feet of building or one shrub for every seventy five feet (75’) of site
perimeter, whichever is greater except in I-1 properties where minimums can
go off site perimeter
4. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to
R-1, R-2, R-4 and R-5 Districts in these instances:
A.Double frontage lots.
B.Anything other than a single-family home.
Option 2
502.12 Subd 5.
D.Performance Standards. A landscape plan must be submitted with each project and
such plan must be prepared by an experienced landscape person. In order to
achieve landscaping which is appropriate to scale with the site of a building and
site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B-1.
4.Trees: One tree for every one thousand (1,250) square feet of total building
floor area or one tree for every one hundred feet (100’) of site perimeter,
whichever is greater except in I-1 properties where the minimum number of
trees shall be half of what is required. A minimum of twenty-five percent
(25%) of the trees required will be coniferous.
5.Ornamental Trees: One ornamental tree can be substituted for every six-
tenths (6/10) overstory deciduous shade tree. In no case shall ornamental
trees exceed fifty percent (50%) of the required number of trees.
6.Understory Shrubs: One understory shrub for every four hundred fifty (450)
square feet of building or one shrub for every seventy five feet (75’) of site
perimeter, whichever is greater except in I-1 properties where the minimum
number of shrubs shall be half of what is required.
5. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to
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R-1, R-2, R-4 and R-5 Districts in these instances:
C.Double frontage lots.
D.Anything other than a single-family home.
Option 3
502.12 Subd 5.
D.Performance Standards. A landscape plan must be submitted with each project and
such plan must be prepared by an experienced landscape person. In order to
achieve landscaping which is appropriate to scale with the site of a building and
site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B-1.
7.Trees: One tree for every one thousand (1,250) square feet of total building
floor area or one tree for every one hundred feet (100’) of site perimeter,
whichever is greater except in I-1 properties where the number of trees
needed shall be capped at one hundred thousand and fifty (150,000) square
feet of total building.. A minimum of twenty-five percent (25%) of the trees
required will be coniferous.
8.Ornamental Trees: One ornamental tree can be substituted for every six-
tenths (6/10) overstory deciduous shade tree. In no case shall ornamental
trees exceed fifty percent (50%) of the required number of trees.
9.Understory Shrubs: One understory shrub for every four hundred fifty (450)
square feet of building or one shrub for every seventy five feet (75’) of site
perimeter, whichever is greater except in I-1 properties where the number of
shrubs needed shall be capped at one hundred thousand and fifty (150,000)
square feet of total building.
6. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to
R-1, R-2, R-4 and R-5 Districts in these instances:
E.Double frontage lots.
F.Anything other than a single-family home.
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