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HomeMy WebLinkAbout1997 [04] Apr 07 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, April 7, 1997 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Dan Nierengarten, Kurt Schneider. Council Liaison Cory Ehlert. Deputy Clerk Judy Weyrens. Others Present: Jim Graeve, Mary Ann Graeve, Deb Mimbach, Russ Pikus, Tom Losinski, Tom Burling, Diane Losiniski, Paul Losiniski, Michael Novak, Peter Donohue, Mary Niedenfuer, Ken Twit, Robert A. Behendt, Greg Kacures, Bob Herges, Peter Leonard, Rick Heid, Mark Lambert, Ellen Wahlstrom, Bob Wahlstrom, Al Stellmach, Steve Hoffman. Budget Propane - Special Use Permit: Chair Klein called the hearing to order at 7:00 p.m. The purpose of the hearing is to consider a Special Use Permit to allow the operation of a propane distribution business in an Industrial Zone. St. Joseph Code of Ordinances 52.21 subd 4 states that all permitted industrial uses shall require a special use permit under the following procedures. Only industrial uses which do not have heavy odors, smoke or other obnoxious or distasteful smell or appearances, excess noise, excess water or sewage requirements, or hazardous wastes as defined by State and Federal Statutes will be allowed. In granting a special use permit under the Industrial District, the Planning Commission shall find in addition to the requirements under Section 8 that the proposed use is desirable because of the nature of the product, and the isolation of the activity from residential and! or commercial uses. The property is legally described as follows: TRACT A: That part of Lot 9, AUDITOjR'S SUBDIVISION NUMBER 4, a duly recorded plat in Steams County, Minnesota, which lies East of the West 186.50 feet thereof North of the northerly right of way line of County Road Number 75 (formerly U.S. Trunk Highway Number 52) and West of a line drawn Due South from a point which is 800.00 feet Due West of a point on the west line of SCHNEIDER'S ADDITION, a duly recorded plat in said county and state, distant 800.00 feet northerly of the intersection of said west line with said northerly right of way line of County Road Number 75. Together with an easement for ingress and egress over that part of the South Half of the Northeast Quarter of Section 9, Township 124, Range 29, Steams County, Minnesota, which lies with 33 feet on each side of the following described line: Commencing at a point on the west line of SCHNEIDER'S ADDITION a duly recorded plat in Steams County, Minnesota, distant 800.00 feet northerly of the intersection of said west line with the northerly right of way line of County Road Number 75 (formerly U.S. Trunk Highway Number 52); thence Due West for 800.00 feet; thence Due South to a line drawn parallel with and 33.00 feet northerly of the north line of Lot 9, AUDITOR'S SUBDIVISION NUMBER 4, a duly recorded play in said county and state, this being the point of beginning of the line to be described; thence westerly along said parallel line to its intersection with the west line of the East Half of said Section 9; thence deflect to the left along a tangential curve having a radius of 80.00 feet and a central angle of 5300, for 74.00 feet; thence southwesterly on tangent to said curve to the northerly right of way line of said County Road Number 75 and there terminating. Said easement shall be open to public travel for the enjoyment and benefit of all parcels abutting thereon. The request for Special Use has been submitted by Paul Losinski, Budget Propane Inc. Peter Donohue, legal counsel for Budget Propane, stated that he has prepared information for the Commission detailing their proposal. The proposed use is similar to the prior use of the property. Budget propane is proposing to install one tank on the southern edge of the property adjacent to County Road 75. The tanks will be located on top of pea rock. Future plans indicate a second tank to be installed adjacent to the first tank and a building to be constructed in the northeast corner to be used as an office. The northwest section of the property will house empty LP tanks. Donohue reiterated that the proposed use is similar to the prior use of this property. However, Propane is pressure filled without any release into the air. Therefore, no odor will be expelled when filling. Additionally, PCA has recently removed Petroleum from the list of hazardous fuels. Safety devices are built into the system. The proposed tank holds 30 gallons and will be approximately 10' x 60'. Budget Propane currently operates from Thomsen Greenhouse and are looking to relocate. The proposed site has been selected for the following reasons: 1) easy access to County Road 75; 2) central location for customer base. Lesnick questioned the compatibility to the adjoining property owners, specifically the proposed church. Donohue responded that it is his opinion that the uses are compatible. Churches typically have a higher concentration of activity on the weekends; whereas Budget Propane will have a higher use during typical business hours. When questioned about tank safety regarding extreme heating and lightin& Donhue stated that their are many safety factors built into the tanks. Propane is in a sealed container and is only released through a pressurized gauge. Additionally, Budget Propane is required to have an emergency plan. Donohue also stated that the Minnesota Pollution Control Agency has removed propane from their list of hazardous materials. As this proposal will affect the appearance of one of the major entrances to the City, Schneider questioned why the tanks are located on the Southern edge of the property and if a buffer could be provided. Donohue responded that in their opinion the proposed layout presents the best safety factors and would function best for Budget Propane. That is, the trucks would have easy access to the tanks and future development could occur. Donohue reiterated that his client, Budget Propane, wants to establish a business in St. Joseph and become an active part of the community. It has been Donohue's experience and observation that businesses that are owned by independent operators, such as budget propane, have greater concern for the appearance and overall operation of their business. Losinski discussed the operation of Budget Propane. The company is currently located at Thomsen Greenhouses. They are at a point where they need to expand. The business is conducted from their home with an answering machine. They have one driver who delivers within a 30 mile radius of St. Joseph. Jim Graeve questioned the aesthetics of the proposal and if a better location would not be in the Industrial Park. Ellen Wahlstrom questioned Donohue's statement about propane not being hazardous. Donohue responded that he did not say there were no environmental consequences, but the material has been removed from the listing of hazardous materials. He also stated that as with other fuels propane does have a residue but it evaporates into air. Ellen Wahstrom also questioned if Budget Propane would be willing to plant white pines to help air quality and provide a buffer. Donohue responded that live screening cannot be placed near the tanks because of the flamable material. Donohue stated that his client is requesting to use the property in a similar manner as in the past. The property is currently zoned Industrial and the use submitted is an Industrial Use. Additionally, his client wishes to use his property as other property owners along County Road 75 have. Property owners east of the proposed site have propane tanks adjacent to County Road 75. Mary Niedenfuer stated objection to the location of Budget Propane. She felt the property is more suited to a restaurant or a similar commercial use. Niedenfuer also stated concern as to odor that may occur. She contacted the St. Cloud Fire Department and they have had some problems with a distribution center that is located near an elementary school. Planning Commissioner Linda Sniezek could not be present but expressed the following comments in writing: She urged the Commission to recommend denial of the Special use permit due to the close proximity of Millstream Park and Redeeming Love Luthern Church. She also encouraged the Commission to review the Comprehensive Plan and note that the proposal does not fit with the goals and objectives in the Plan. Finally, she does not wish the first impression of St. Joseph to be bulk tanks. Council Liaison Ehlert stated that he welcomed all business to St. Joseph. However, there may be a better location for a distribution center than on County Road 75. The City is in the process of developing an Industrial Park and that property may be better suited for a distribution center. Ehlert also requested the Commission refer the matter to the City Attorney for his review and comment. Kalinowski concurred with Ehlert to table the matter so the Commission has time to review the information presented by Budget Propane. Weyrens reminded the Commission that in land use issues, the Council must be able to react in 60 days from the time the complete application is received for a special use permit. If the matter is tabled, a special meeting may need to be held to comply with the 60 day statutory requirement. Deb Mimbach, adjacent property owner, stated objection to the proposed use of Budget Propane. She stated that it is her opinion that the uses are not compatible and bulk tanks should not be the first impression of St. Joseph. Lesnick made a motion to table the matter so that the Planning Commission can review the information presented by Budget Propane and to forward all the information to the City Attorney for his review and comment. The motion was seconded by Nierengarten. Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert Nays: None. Motion Carried 6:0:0 The hearing was closed at 7:50 p.m. Al Stellmach & Steven Hoffman - Cold Storage Units: Al Stellmach and Steven Hoffman appeared before the Commission to discuss the construction of additional mini storage units. They own Ridgewood Storage and operate the storage units located along County Road 75 and Ridgewood Road. Stellmach stated they would like to construct an additional facility housing 75 units. They are also requested a zero rear yard setback. Ehlert made a motion to schedule a hearing for special use permit for Al Stellmach and Steven Hoffman to construct a mini storage facility and to allow a zero foot setback on the rear yard. The motion was seconded by Kalinowski. Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert Nays: None. Motion Carried 6:0:0 Rick Heid - Pond View Plat 4: Rick Heid presented the final plat for Pond View Ridge Four (4). The plat consists of 30 single family homes. City Engineer Joe Bettendorf requested the Commission straighten 12th A venue SE, allowing single family homes to be built along Klinefelter Park. If 12th A venue SE were to stay as designed, the road would run along Klinefelter Park and some wetland issues would need to be addressed. Klein made a motion recommending the City Council approve Pond View Ridge Plat Four (4) with the following correction: Straighten 12th A venue SE to allow single family development along Klinefelter Park. The Motion was seconded by Kalinowski. A yes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert Nays: None. Motion Carried 6:0:0 Mark Lambert - Apartment Complex Proposal: Mark Lambert appeared before the Commission to discuss a proposal to construct a 12 unit apartment complex adjacent to the City water storage facility. Lambert stated he purchased right-of-way property from Burlington Northern and has plans to construct an apartment unit. A portion of the property purchased is already used as overflow parking for the Campus Villa apartments. As Commission Linda Sniezek could not attend the meeting she offered the following written comment: Sniezek requested the Commission not allow the apartments because the space which Lambert is proposing was intended for a connection to the Lake Woebegon Bike Trail. Addititionally the City chose not to install a maintenance facility at the same location because it would detract from the water storage facility. She questioned if the City would not place a one story building of their own at this same site, why would we allow a developer to construct a two story building? Kalinowski stated the same concerns of Sniezek and felt it would not be appropriate to place rental units on the proposed site. Lambert responded that he feels the rental units would not detract from the water storage facility. He stated that he has also been looking for a way to pave the overflow parking lot for the Campus Villa's and the new construction would provide the opportunity. Jim Graeve questioned what would happen to the housing units should the College of St. Benedict and St. John's University require students to live on campus. Lambert responded that the units will constructed in a manner which can easily be converted to single family rental units. He further stated that it was his opinion that the City wanted to get the student rentals out of the neighborhoods, this proposal does that. Lambert stated that he is willing to work with the City and is aware that one of the lights for the water storage facility is located on the property purchased and the City would like an easement along County Road two for future utilities. Lambert finished his presentation by requesting Commission members to view the site and remain open minded. Leander Zipp - Accessory Building: Klein presented information from Leander Zipp, 308 East Minnesota Street, requesting authorization to apply for a variance hearing to allow for an addition to his existing garage. The existing garage is approx. 1400 square feet and he would like to add an additional 72 square feet. Commissioners generally agreed to conduct a public hearing as requested. Approval of Minutes: Nierengarten made a motion to approve the minutes of the March 3, 1997 Planning Commission meeting as presented; seconded by Kalinowski. A yes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert Nays: None. Motion Carried 6:0:0 Ellen Wahlstrom - Property Zoning: Ellen Wahlstrom appeared before the Commission to request the zoning classification of her property be changed. It was her understanding that the property was zoned R-3 in St. Joseph Township but when the property was annexed it was zoned General Business. Wahlstrom presented a petition signed by the adjoining property owners requesting their property be re-zoned to Single Family or Multi Family. Weyrens stated that she would check the status of the zoning classification and contact Wahlstrom. Adjourn: Lesnick made a motion to adjourn at 9:25 p.m.; seconded by Nierengarten A yes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert Nays: None. Motion Carried 6:0:0 Æq~ Judy Weyrens etary of the Commission .. .. ,. ----