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HomeMy WebLinkAbout1997 [04] Apr 22 Pursuant to due call and notice thereot the Planning Commission for the City of St. Joseph met in special session on Tuesday, April 22, 1997 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, 1\'large Lesnick, Linda Sniezek, Dan Nierengarten, Kurt Schneider. Council Liaison Cory Ehlert. Secretary of the Commission Judy Weyrens. Others Present: City Attorney John Scherer, Bob Wahlstrom, Ellen Wahlstrom, Pete Evans, Diane Losinski, Peter Donohue, Mike Novak, Bob Herges, Donna Theisen, Bob Behrendt. The purpose of the meeting was to continue the special use permit hearing of Budget Propane which would allow for a propane distribution center on property zoned Industrial. Pete Evans, representing Redeeming Love Luthern Church, stated his objection to the proposal for a propane distribution center. Redeeming Love owns the property adjacent to the proposed use and does not feel the uses are compatible. If the special use permit is approved, Evans would encourage the Planning Commission to require landscaping to buffer the adjoining property. Peter Donohue, legal counsel for Budget Propane, reiterated the following: 1. His client is requesting to use the property in a similar manner as in the past. 2. His client is requesting the same rights as other property owners along County Road 75. (Other property along CR 75 have propane tanks) 3. The property is zoned Industrial and the use proposed is an Industrial use. 4. The proposed use will be more aesthetically pleasing because: a. The proposed area is not densely populated b. The property will be landscaped to assure an attractive business site 5. The City cannot hold his client to goals and policies in the proposed Comprehensive Plan. 6. In his opinion they have presented sufficient information to illustrate that safety is not an issue. 7. Budget Propane is willing to revise the site plan with the exception of the primary tank or location of the primary tank. 8. The State Fire Marshall and St. Joseph Fire Chief have already approved the proposed layout and location. Kalinowski questioned Budget Propane as to the type of landscaping they are proposing and how the site will be utilized. Losinski stated the plan provides for crushed granite on the service entrance and pea rock on the property where the primary tank will be located. Because propane is a flammable material, trees and shrubbery cannot be placed near the tanks. However, they will provide trees and shrubbery on the site where possible. When asked the future plans of Budget Propane and how they will operate, the following was presented: 1. As Budget Propane grows an additional tank will be installed at the site 2. Losinski hopes to construct a building on the property within 2 - 3 years 3. Service trucks will not be stored on the property 4. Empty LP tanks will be stored on the premise. Losinski stated that there would probably be no more than 30 empty tanks on the site at any given point. Commissioners questioned if the tank could be placed in the rear of the property near the swamp portion of the property. Donohue responded that the primary tank has been situated on the property to provide the best scenario for distribution. Further, if the Commission is concerned with the appearance of the tanks, his client is more than willing to install fencing materials such as woven fencing in an attempt to hide the tank. Ellen Wahlstrom stated the following concerns: 1. She is not satisfied with the safety issues, especially after discussing the matter will a firefighter who responded to a propane fire 2. It is her opinion that the proposed use does not conform with the draft Comprehensive Plan, particularly where it states that the uses should be harmonious and compatible. Donohue cautioned the Commission in making a decision based on a draft the Plan, as a draft does not guide property. Further, it is his opinion that the Commission cannot make a decision based on a projected use of adjacent property, such as the Luthern Church. Budget Propane has an application for a special use permit before the Commission. The Luthern Church, to his knowledge, does not have a building plan or anticipated date construction. He stated that to deny this special use permit would rob the property owner of a sale. The property owner has the right to sell and develop his property. Legal counsel for Budget Propane further stated that the City of St. Joseph has allowed a more flammable material than propane into the City, that being natural gas. The incidents of accidents concerning natural gas are much higher than that of propane. It is their opinion that propane tanks are safer as they are located above ground and can leaks can be detected and repaired easier. City Attorney, John Scherer, disputed the comparison of natural gas to propane and stated they are different fuels in many ways including storage and access to. Mary Niedenfuer questioned why Budget Propane is not considering relocating in the Industrial Park. Dohonue stated they are a willing buyer for a piece of property that was made available by a willing seller and they are not looking for an additional site. The proposed parcel meets all the needs of the buyer. While the condition of the primary tank may not be of question, Niedenfuer questioned what condition the LP tanks would be in and how many would be stored on the property at one time. Losinksi stated that usually 30 tanks are hauled to the property at a time and distributed quickly to his customers. His tanks are in high demand due to the quality of his tanks. Ellen Wahlstrom questioned the Planning Commission why the property in question was zoned Industrial. Scherer responed that the when the Planning Commission reviewed the zoning a - number of years ago there was not an area designated as Industrial and determined that because of the close proximity to County Road 75, it may make sense to zone the area in question as Industrial. However, about 10 years ago it became apparent to the City that the property in that area 'would not develop as industrial. Therefore, in 1991 St. Joseph annexed the Industrial Park that was located in St. Joseph Township. The Planning Commission reviewed the zoning around that same time period and because the existing use housed bulk fuel storage tanks, the zoning classification was not changed. It was the intent of the Planning Commission to move all industrial activity to the St. Joseph Industrial Park. Mike Deutz requested the Planning Commission approve the Special Use Permit as requested by Budget Propane. He stated that it is his opinion that it fits in the neighborhood and is a compatible use. Marge Lesnick presented information she received from the St. Cloud Fire Department. The information states that propane is extremely flammable and is heavier than air. Additionally, if there is a leak it would settle into the low areas. A propane leak can go undetected for a long period of time. The information presented also indicated that propane is easily ignited. Lesnick also stated that they did not recommend a propane distribution center in a City, especially an area that has high density. Millstream Park has high density on weekends from May through October and the trailer park is in the same area. Therefore, it is Lesnick's opinion that the area surrounding the proposed development is a highly dense area. Scherer stated that the information presented by Budget Propane and Marge Lesnick will become part of the official record and labeled "Exhibit A" and "Exhibit B" respecti vel y. Ellen Wahlstrom questioned if the allowance of the special use permit would have a negative impact on the insurance rating of the City. Scherer responded that he was not in a position to respond to that question. The insurance underwriter would need to be contacted for this information. Bob Herges, Realtor for Budget Propane, indicated that a number of the surrounding cities have allowed such uses. Since both the State Fire Marshall and City Fire Chief have approved the plans, he questioned the hesitation of the Planning Commission to approve the permit. Additionally he questioned the Commission as to what types of uses they would consider appropriate for that property. Donohue stated that Townships are preserving vacant land in their jurisdiction for agricultural uses and businesses such as Budget Propane are forced to find property in Cities. Proper industrial property is hard to locate. Klein requested Commissioners to state their final thoughts on the proposal before them, at which time the following comments were stated: 1. Kalinowski: After reviewing the standards listed in St. Joseph Code of Ordinances, she feels that the use will not be harmonious with the general and applicable specific objectives of the Comprehensive Plan and this Ordinance. Additionally, in her opinion the use will be hazardous or disturbing to the existing or future neighboring uses, such as the proposed church and existing park. 2. Sniezek: Stated that in her opinion the proposal has the potential of creating a traffic hazard andj or congestion. She indicated that County Road 75 is a highly traveled road and crossing could be a problem. Also, the proposed use may result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance. This being Millstream Park and the surrounding wetlands. 3. Lesnick: Concurred with Sniezek and Kalinowski and also reiterated the safety concerns. 4. Schneider: Appreciates all the time Budget Propane has put into their proposal but does not feel the use is harmonious with the surrounding property . He concurred with the above comments. 5. Ehlert: Expressed concern with safety issues. He feels there is a safety concern and it is not a good fit with the neighboring property. The Commission has spent a lot of time reviewing the Comprehensive Plan and the proposed use does not seem to be harmonious with that plan. 6. Klein: Stated concern over the safety of both traffic and the fuel itself. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: 1. St. Joseph Code of Ordinances 52.8 subdivision 4 contains provisions by which the Planning Commission may approve a special use permit. Based on the standards outlined in St. Joseph Code of Ordinances 52.8 subdivision 4, the Planning Commission finds non compliance with the standards as outlined in said Ordinance:. a. St. Joseph Code of Ordinance 52.8 subd 4(b): Will be harmonious with the general and applicable specific objectives of the comprehensive plan of the City and this Ordinance. Finding: The proposed use is not consistent with the St. Joseph Comprehensive Plan. The proposal is inconsistent with the following: i. General Goals: To direct growth in a compatible manner with existing land use. 11. Transportation Goal #3: Provide adequate access to new commercial or industrial areas. b. S1. Joseph Code of Ordinances 52.8 subd 4(d): Will not be hazardous or disturbing to existing or future neighboring uses. Finding: Information presented during the hearing indicated that propane is an extremely flammable and easily ignitable fuel. Based on this information the proposed use of a propane distribution center could pose a hazard to the surrounding property. That property being an existing City Park which is densely populated from May through October and the proposed church which will have a high density concentration on weekends. (The document referred to is labeled Exhibit "BTt) c. St. Joseph Code of Ordinances 52.8 subd 4(h): Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. Finding: The crossing of propane trucks will have an impact on traffic. The intersection which would be used by the petitioner is located on a curve which may decrease visibility on County Road 75. Additionally, given the high volume of traffic on County Road 75 and the hazardous material being transported by the petitioner, their is a greater probability of traffic accidents and in terference. d. St. Joseph Code of Ordinances 52.8 subd 40): Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Finding: Based on information stated in Exhibit "B", propane is heavier than air and if their is a leak it would settle in the low lands. The area for the proposed use is adjacent to a City Park and low lands. If a leak would occur it could be hazardous to the natural features surrounding the area proposed for development. Based upon these findings, Klein made a motion to recommend denial of the Special Use Permit that would allow a propane distribution center in an Industrial Zone. The motion was seconded by Sniezek. These findings and recommendations were approved by a vote of 7 to 0 by the St. Joseph Planning Commission on April 22, 1997. Adjourn: Lesnick made a motion to adjourn at 8:30 p.m.; seconded by Ehlert. The motion passed unanimously. ~dY i]FI/VunI Þ y Weyrens ... 5 retary of the Planning Commission