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Home My WebLink About2007 [01] Jan 08 www.cityofstjoseph.com CITY Of ST. JOSEPH St. Joseph Planning Commission January 8, 2007 7:00 PM Administrdtor Judy Weyrens 1. Call to Order MdYor 2. Approve Agenda Richdrd Cdrlbom 3. Approve Minutes - September 5 and December 4, 2006 Councilors Steve Frdnk 4. District 742 - Concept Plan AI Rdssier Renee Symdnietz 5. Adjourn Ddle Wick 2) College Avenue North, PO Box 668 . Sdint. Joseph, Minnesotd ,,6)74 Ph 0 n e ,20 . ,6, . 72 0 I F d X )2 0 . ,6, . 0 H 2 ST. JOSEPH PLANNING COMMISSION JANUARY 8, 2007 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME 2. 3. 4. 5. 6. 7. 9. 20. 21. 1. ~~\JI~ 8. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. ADDRESS Draft September 5, 2006 Page 1 .of 5 Pursuant to due call and notice thereof, the Planning Commission for the City .of St. Jeseph met in regular session on Monday, September 5, 2006 at 7:0Q PM in the St Joseph City Hall. Members Present: Chair Gary Utsch. Commissi.on~rs: S. Kathleen Kalinewski, Marge Le.snick, Bob Los.o, AI Rassier City Administrater Judy Weyrens. Others Present: Katie Kalkman,. John Kalkman., Nettie Pfannenstein, Robert Pfannenstein, Roger Beuning, Crystal Heller, Jen Miller, Ben Drewes, Timm Smith, Tracy Smith, Connie Ziegler Aaenda: Lesnick made.a motion to appr.ove the Cigenda with the following change: Delete (a) D~vel()pmentRevlew-Shdel'$of the Order of St. Benedict Construction of HermitCiges To be discussed at the October 3, 2006 meeting The motion was seconded by Kalinowskiahd.passed unanimously. Minutes: Kalinowski. made amotion to approve the minutes of August 17; seconded by Rassier and passed unanimously. PubliC Hearina - Interim Use Permit. Kathryn Kalkman: Utsch called the public hearing to order and stated that the purpose .of the hearing is toc.onsideran Interim Use Permit to al.low an owner .occupied rental unitina R1. Single F(imily Zening District. ThE! preperty is Iccated at 209 Minnesota Street E. -, S1. Joseph Code of Ordinances 52.27. subd. Sallows for an Interim Use permit as follows: Residential rental provided the uniUs owner occupied and. provided that rooms rented dees notc.ontain separatec:l kitchen facilities and is net intended for use as an independent residence. Fer purposes of establishing if the property is .owner .occupied, the .owner must be a natural person.and the .owner .occupying the property as his or her principal residence must owner a fifty percent (50%) or greater interest in the property. Kathryn Kalkman, 209 E Minnesota Street, St. Jeseph submitted the request fer Interim Use. Katie (Kathryn) Kalkman approached the Cemmissioners and stated that she lives at 209 E Minnesota Street and is requesting to continue the current Interim Use Permit that allows the property to be managed as an owner .occupied rental unit. Chair Utsch opened the public hearing. Nettie Pfannenstein, 208 E Ash Street, approached the commissioners to read a letter frem Dick and Joyce Steck in oppositien to the request for an Interim Use Permit, as they were unable to attend the hearing. Pfannenstein also spoke in opposition te the request on her behalf. She stated that she lives behind the Kalkman residence and, although she has no complaints regarding noise or poor upkeep of the residence, she has some questions that she weuld like clarificatien on. They are as fellows: · Is Katie Kalkman still a student at the College of S1. Benedict? If so, when does she graduate? · How many years will the permit be valid if approved? · Will the sister remain living there and does she .own 50% or mere interest in the heme? · How many are allowed in the house? How does the City enforce the number of people living there based on the definition of "family" as noted in the Ordinance? Pfannenstein stated that she has visited with these residents and there appear te be 4 people living in the heuse including Katie, her sister and twe unrelated female tenants. She alse questioned the young man who appears t.o be living at the house as well and whether or not there are actually 5 pecple residing in the house. Draft September 5, 2006 Page 2 of 5 Roger Beuning, 120 E Minnesota Street, also approached the commissioners in opposition to the request. He stated that the neighbors are invited to these meetings to state their concerns with issues like these and yet, the City does not listen to them. He questioned why she needs to re-new the license at this time. As no one furtherrequested to speak, the hearing was closed at 7: 15 PM. Weyrens advised the commissioners that Kalkman previously held an Interim Use Permit for her property at 209 E Minnesota Street; however, when she originally applied for the permit, she stated that she only needed it for three years. As a result. the permit was issued with a sunset of 2006. She is now requesting to extend her Interim UsePermit. Loso verified that these permits are reviewed annually to determine whether or not they still meet the required criteria for the permit. Kalkman stated that she does indeed .Iive at the hol11e; however she works at an apartment building in Sartell. She stated that her sister, who graduates in December, lives with her along with two other roomates. Utsch stated that there was only one complaint atthis residence during the past three years. He also advised Kalkman that they couldn't block the sidewalks with cars. Kalinowski questioned how long she is requesting this permit for. Kalkman stated that they are only requesting a permit for a year at this time. After commissioner discussion, Utsch advised Kalkman thatifthere were a change of ownership, the permit would be terminated. He also stated thatthe owner must occupy the residence. According to Utsch, this house has not yet had a rental inspection for 2007. Kalinowski made a motion to accept the resolution of findings to approve the Interim Use Permit for Kathryn Kalkman at 209 Minnesota Street E for a period of i-year contingent upon an inspection by the City rental inspector. The motion was seconded by Loso and passed unanimously. Public HearinQ - Variance. Jennifer Miller: Utsch called the Public Hearing to order and stated that the purpose of the hearing is to consider a variance to allow an owner to construct a handicap accessible ramp encroaching on the current setback. The property is zoned B2, Highway Business and is located at 307 College Avenue N. St. Joseph Code of Ordinances 52.32. subd. 6: c.) Front Yard. Setback shall be twenty (20) feet from the lot line. d.) Side Yard. Setback shall be ten (10) feet from the lot line. If the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. Jennifer Miller, 307 College Avenue N, St. Joseph submitted the request. Timm Smith, Daisy A Day Floral, 219 E Cedar Street, approached the commissioners and stated that they are requesting a variance on the front and side yard setback so that they can convert the existing single family home to a floral shop. No one present wished to speak and the pubic portion of the hearing was closed at 7:35 PM. Utsch advised the commissioners that the ramp would start on the north side of the building along Date Street and wrap around to the side facing College Avenue. Rassier questioned where they would have parking available. Weyrens stated that they will provide parking between the house and the garage and additional parking will be available on the street. Utsch reminded the commissioners that only the variance is being discussed at this time. Smith stated that they have been working with the Building Official to construct a covered porch. Due to constraints, the porch cannot be screened. Draft September 5, 2006 Page 3 of 5 Loso made a motion to accept the resolution of findin.gsrecommendingthe Council approve a 14' variance to allow for a covered accessible entrance. pad as requested. The motion was se.conded by Lesnick and passed unanimously. Public Hearina ..:. Ordinance Amendment. .Indoor Recreational Use: utsch ccilledthePublic Hearing to order ~nd stated tha.t the purpOl)e of the hearing is to consider an amendment of the Industrial Zoning District, adding a provision for recreational. lIse. Weyrensstated that the current.City.Ordinance.doesn9thayea provision to al lOW recreation .attivities in an IndustriaLZoning District. Depending on the type of recreation, the use could be compatible with Industrial Uses. Weyrens proposed the amendment include the following: 1. TIlere shall be no outside recreational items, all recreation must be contained Within the buildil1g. 2. A limit on the hours to include areasonable closing time. The hearing was opened to the. public and closed at 7:40 PM, as there was no one present who wished to speak. Utsch stated that he concurs with the proposed. amendment, as somerecreational uses would be compatible with the currentln(justrial Park. Kalinowski agreed and stated that limiting the hour!;; to 10:00 PM would seem reasonable closing time for a recreational use. Rassier, on the other hand, stated that he does not think that recreational faciHties belong inthe Industrial Park. Loso. stated that allowing recre~tionalul)es by Sp.ecial Use Permitl) gives the Planning authority as to what type of business is allowed. . Weyrens suggested that the amendment read as follows: g. Indoor Recreation to include gymnasiums and health/fitness clubs, providedthatthe petitioner provides evidence that the proposed use is consistent with S1. Joseph Code of Ordinances 52.07 Subd. 3. Loso made.a motion to approve the proposed amendment as follows: g. Indoor Recreation to include gymnasiums and health/fitness clubs, provided that the petitioner provides evidence that the proposed use is consistent with St. Joseph Code of Ordinances 52.07 Subd. 3. The motion was seconded by Kalinowski and passed unanimously. Public Hearina - Special Use Permit. Crystal Heller: Utsch opened the hearing by stating that the purpose of the hearing is to consider a special use permit to allow an indoor recreational facility in an Industrial Zoning District. The property is legally described as Lot 3 Block 1 Buettner Business Park 2. Crystal Heller, 1002 Brook Court, Sauk Rapids submitted the request for special use. Crystal Heller approached the Commissioners to give a brief summary Bounce Depot Inc. Heller stated Bounce Depot Inc. provides an interactive inflatable fun center. Generally, this facility l(Vould be used for parties; however there will be some open playtime as well. According to Heller, two parties may be booked simultaneously as one could be in the bounce arena while the other is using the party room. The groups are allowed 1 hour in the bounce arena and 45 minutes in the party room. Heller stated that pizza and cake could be catered in if requested. The proposed hours are as follows: Tuesday - Thursday Noon - 8:00 PM Friday - Saturday Noon - 10:00 PM Sunday Noon - 8:00 PM The hearing was closed at 7:55 PM, as there was no one present who wished to speak. Draft September 5, 2006 P~ge 4 of 5 There were several questions raised by the Commissioners. · Weyrens questioned the target age for those who will use the facility. Heller stated that the children would most likely be between the ages of 4 and 12. · Loso raised the question as to how many children can be in each group. According to Heller, there are 1 0 children allowed in each group. · Lesnick also raised the question as to whether or not beverages will be available for the children to which Heller stated there would be a vending machine and a drinking fountain available. . There were several questions raised by the commissioners as to whether or not there will be a lot oftrafficas a result of the facility. Heller stated that many of the children would arrive in groups, as they will be therefor a party. Most of these parties will occur on evenings and weekends and since most of the children are not of driving age, traffic will not be a problem. Rassier questioned whether or not th~y meet the site requirements to which Weyrens stated that the parking at the faCility is adequate. . · Heller stated that there would be public playtime offered for 2 hours/day. She also stated that there are only 25 people allowed in the party rooms at one time and 25 in the bounce arena at one given time. · Rassier questioned the number of employees to which Heller stated there would be 5 others beside herself. · In reference to the building, Loso questioned how long they would be leasing the space for. Heller explained that they have signed a 5-year lease. Loso suggested that the Special Use Permit be reviewed annually to determine compatibility With the neighboring businesses. Loso made a motion to accept the findillgsof fact with the additional contingency that the permit be reviewed annually and recommend that the Council approve the Special Use Permit to allow an Indoor Recreation Use in an Industrial Zoning District. The motion was seconded by Kalinowski and passed unanimously. Siqn Ordinance: Previously, the Commissioners have been provided information from the City Attorney that discussed the existing Sign Ordinance and potential liability. Based on information from the City Attorney, sign companies are requesting applications for signs in high traffic areas and if they are denied, they file a suite against the City. Based on a recommendatiol1 of the League of Minnesota Cities, the City Attorney is recommending a moratorium on signs so that the current Ordinance can be reviewed and updated. Loso made a motion to accept the recommendation of the City Attorney and request the City Council place a moratorium on signs. . The. moratorium will expire on December 31 or whenever the revised Ordinance is adopted, which ever comes first. The Planning Commission also reserves the right to extend the Moratorium if the City Attorney needs additional time. The motion was seconded by Lesnick and passed unanimously. Interim Use Permits: Previously, the Planning Commission reviewed the renewal Interim Use Permits. At . that time the Permits for Linda Hutchison and Patrick Conway were not ready for approval. The Planning Commission recommended approval contingent upon completing the rental license process. Rental Housing Inspector Utsch gave the following report from a rental housing perspective. 1. Linda Hutchinson · No previous viblations · Inspection passed 2. Patrick Conway · . Utsch stated that there are some additional discussions required. He would like more time before approving this permit. Rassier made a motion to extend the Interim Use for Conway until September 19, 2006. Ifthe license process is not completed the Permit will expire. The motion was seconded by Kalinowski and passed unanimously. Draft September 5, 2006 Page 5 of 5 Intern: Mai Young introduced herself as the new Intern hired by the City to assist with EDA and Planning issues through December. Adiourn: Rassier made a motion to adjourn at 8:10 PM, seconded by Lesnick and passed by consensus. Judy Weyrens Administrator December 4,2006 Page 1 of 3 Pursuant to due call and notice thereof, the Planning Commissionforth~cityof St. Joseph met in regular session on Monday, December 4, 2006 at 7:00 PM in the St. Joseph City Hall. Members Present: . Interim Chair S. Kathleen Kalinowsld.. Commi$sioners:M~rge Lesnick, Bob Loso, Jim Graeve, AI Rassier, Mike Deutz, Mark Anderson City Administrator Judy Weyrens. Others Present: Steve Frank, Greg Kacures AQenda:DeOtz made a motiOn to ~pprove the ctgendct; seconded bY Graev.e, Kalinowski added the following item tethe agenda: After4 Election of PI~nningCommission Chair The motion passed unanimously. Interim Use Permit. 4031 SIt Aven ue NE: .. Chair l<alino\IVskicalled the. hearing to order and stat~d thatthe purpose ofthe.hearingwa~ tocon$ider.~nlnterimUse Permit toallo\lll an. owner occupied rental at the propertyclescrib~dasS2ofJ...ot~ .11.t.hru 14,.810ck.23, Loso's Addition. Ryan Lieser, 4031st Avenue NE, St. Joseph, slIbmitted the request Kalinowski opened the public hearing and the hearing was closed as no one present wished to speak. D~.utzquestioned Whether or nottheitems listed on the inspection report have been completed. Weyrens stated that theymustb~finishedpriortoCouncil approval; however, due to the current weather conditions,theparking ~reawill be cOrnpletedbyspring. Lesnickthen questionec! Lieser's intentforthe property. Weyrensadvised Lesnick that because the propertyw~sused assingle.,familyin the past, it could continue to be used as such. As a result, he secure an Interim Use Permit to allow for an owner-occupied rental. Deutz made a motion to accept the findings of fact and recommend that the Council approve the Interim Use permit for 403. 1st Avenue NE. The motion was seconded by Loso. Rassier questioned the June 151 deadline for the completion of the parking and Siding to which the Commission agreed to accept the recommendations of the Rental Housing Inspector. The motion passed unanimously. Plannino Commission Addition: Kalinowski introduced Mark Anderson as the newest member to the Planning Commission. . 52.11 . 52.21 . 52.09 . 54 . 51 . 56 . 52.27 . 52.28 . 52.29 . 52.34 . 52.12 . 52.31 . 52.32 Ordinance Updates: Kalinowski opened the public hearing and stated that the purpose of the hearing was to consider the adoption or amendments to the following Ordinances: Signs Transportation Corridor Overlay District Site and Design Standards PUD Planned Unit Development Overlay District Subdivision Regulations Building Ordinance Fence Ordinance R-1 Single Family Residence District R-2 Two Family Residence District R-3 Multiple Family Residence District LI Light Industrial District General Performance Standards B-1 Central Business District B-2 Highway 75 Business District December 4, 2006 Page 2 of 3 · 52.33 B...3 General Business District Weyrens stated thatthe proposed Ordinances have been posted on the City of St.Joseph Website and have been available for comment in the City Offices. Kalinowski opened the Public Hearing. Greg Kacures, 307 1st Avenue NE, approached the commissioners with questions regarding the Sign Ordinance. He questioned wh~n the Sign Moratorium would be lifted. Weyrens advised Kacures that the Council passed the Moratorium to expire on December 31; however Weyrens stated that it would be lifted once the Council adopts the revised Sign Ordinance. Weyrens stated that there were no changes on the permitted sizes of signs within the City; rather the language was changed to be more constitutional. The public hearing was closed. Rassier commented thatthe Planning Commission m~mbers have worked very hard on the aforementioned Ordinance Amendments overthe past few months. Weyrensadded that there are a few amendments that the Planning Commissioners have not yet seen. There are some proposed changes to the B-1, B-2, and B-3 Business Districts to allow for single family dwelling units in these districts that are currently being used as dwelling units to apply for an Interim Use Permit for a non owner occupied rental. Rassier stated that the reason for this proposed amendment is to allow for transitional zoning from single- family to commercial.Graevequestionedwhether or not they would be limited to 3 non-related people as in the residential districts or whether or not they could have mor~based.on the size.of the house. Weyrens clarified that they would follow the same guidelines as those issued in the residential districts with the exception of being non-owner occupied. Weyrenssuggested adding that the maximum density would be defined as definition of family as in Ordinance 55. Deutz stated that this is a positive step for the City, as this allows these homes to be used rather than be vacant until the transition to commercial is completed. Deutz made a motion torecomm~nd theCouncU amendment Ordinances 52.31,52.32, and 52.33 adding a provision for rental units in all districts by issuance of an Interim Use Permits. Further the Ordinance Amendment should include language to limit the maximum occupancy as that currently allowed in R1Zoning Districts. The motion was seconded by Lesnick and passed unanimously. There were some questions relating to the Sign Ordinance as well. Graeve questioned who the Zoning Administrator is for the City. Weyrens replied that she currently acts as the Zoning Administrator. There was some question as to what was meant by the aggregate square footage of a sign. Deutz clarified that this would pertain to those businesses where there are more than one sign involved or if it were a business center with multiple tenants. Kalinowski stated that the PUD Ordinance was amended just as the Commissioners had discussed. Graeve, however, stated that he 'had some concerns with a section of the Ordinance, which states "Wetlands can be utilized to determine the area of developable land". He feels that the developers should not be able to use the wetlands for that purpose. Weyrens advised Graeve that the wetlands are to be used as a design feature for a development. Loso added that although the wetlands could be used to determine the area of developable land, it could not be used as buildable land. According to Rassier, developers could use the wetland area to increase their density, but the developer would still need to bring plans to the Planning Commission for approval. Rassier made a motion to approve the Amendments as presented for Ordinances 52.11, 52.21, 52.09, 54, 51, 56, 52.27, 52.28, 52.29, 52.34, and 52.12 and recommend that the Council execute the amendments and authorize the same to be published. The motion was seconded by Deutz and passed unanimously. December 4, 2006 Page 3 of 3 Weyrens advised the commissioners that they would receive new copies of the zoning ordinances after the first of the year. Election of Chair: Deutz made a motion to nominate Sr. Kathleen Kalinowski for Planning Commission Chair. The motion was seconded by Graeve. Rassier made a motion to nominate Bob Loso for Planning Commission Chair. The motion was seconded by Lesnick. As there were two nominations, the commissioners took a voted with Loso receiving 5 votes and Kalinowski receiving 2 votes. Therefore, Loso will be the Planning Commission Chair for the year 2007. Adiourn: Rassier made a motion to adjourn; seconded by LesniCk and passed unanimously. Judy Weyrens Administrator I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Concept Plan - District 742 DATE: January 4, 2007 AGENDA ITEM District 742 -'- Concept Plan PREVIOUS ACTION The City Office staff has been working with representatives of District 742 on the proposed school site. The Committee meets the fIrst Thursday of each month and reviews site concerns as they relate to the Planning and Building process. RECOMMENDED PLANNING COMMISSION ACTION Accept the concept plan as presented COMMENTS/RECOMMENDA TIONS The staff has recommended that District 742 present the concept plan to the Planning Commission so that we may address any concerns before the site plan is developed. The staff is recommending approval of the site plan with the access points at Jade and Neary. At this time the Planning Commission is only reviewing the concept so it is not a detailed site plan. ST. CLOUD AREA SCHOOLS DISTRICT 742 PK-8 SCHOOL site plan r---------- I I I S E 1 / -. SE 1 I 4 ~EC.1~ T124N. R29W ---' ") ;. , f (i::;:; , {-. ., " ., ~,\ "\\ \ :' \ \. 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