HomeMy WebLinkAbout2000 [09] Sep 11
Official Minutes - Planning Commission
I Pursuant to due call and notice thereof: the Planning Commission met in regular session on Monday, September 11,
2000 at 7:00 p.m. in the St. Joseph City Hall.
Planninl! Commission Members Present: Commissioners Marge Lesnick, S. Kathleen Kalinowski, Gary Utsch,
Cory Ehlert, Jim Graeve and Kurt Schneider. Planning Commission Secretary Chad A. Carlson.
Absent: Chair Hub Klein
Others Present: Tom and Marykay Lemmer, Bill Nelson, and Dorian Davidson.
Lemmer Truckinl! - Site Plan Review:
Mr. Tom Lemmer presented his plans to construct a facility for Lemmer Trucking on Lot 12, Block 1 of the Rennie
Addition in the St. Joseph Industrial Park. Lemmer stated that he is a contract hauler for Land-O-Lakes Company
and is requesting approval to construct a facility to house his trucks and operation. The lot is large enough for the
operation to expand if needed and has the required parking spaces as per the Ordinance.
Kalinowski questioned if the lot was going to be paved. Lemmer stated that the parking lot will be on the East Side
of the building and paved as required by Ordinance.
Lesnick made a motion to approve the site plan and landscaping plan as presented by Lemmer Trucking;
Seconded by Graeve.
The motion passed with the following vote:
Ayes: Lesnick, Graeve, Schneider, Kalinowski, Graeve, Utsch, and Ehlert
Nays: None
I Chester Fried Chicken - Site Plan Review:
Mr. Nelson provided the Planning Commission with background on the ownership of the property. Nelson
explained that the underlying property for the Subway, Star Dust Video and Taco Johns is owned by Mr. Nelson and
a partner. The fact that they own the property, they have redesigned the parking scheme for the entire development.
The new parking scheme provides the required parking spaces for Subway, Taco Johns and new Chester Fried
Chicken franchise. Nelson referenced an amendment to the lease agreement with Subway, which indicates
Subway's acceptance of the new parking arrangement. Davidson presented the new parking area on the site plan.
The new plan will provide for three additional spaces, which was required for the new business.
Utsch cautioned the Planning Commission regarding the agreement. The agreement needs to go with the property
and not the owners. Utsch expressed his concern if ownership of the land would change and the agreement would
become negotiable again. Utsch further stated that the entire development area consists of many lots and not just
one.
Ehlert stated that the new parking spaces would satisfy the requirements of the Ordinance. Lesnick stated that the
parking space adjacent to the building should to be painted so it is identified.
Utsch moved to approve the site plan for the property owned by Reichert and Nelson Businesses which
provides for the required parking spaces necessary to establish a Chester Fried Chicken franchise in place of
Star Dust Video, provided that the lease for the businesses identify the parking area as a common space for
all the business located on their property; Seconded by Lesnick
Discussion: Ehlert stated that the minutes should reflect that the property owners have worked with City
Staff to identifY a solution qfter the variance request was denied in August.
I The motion passed with the following vote:
Ayes: Lesnick, Schneider, Graeve, Kalinowski, Graeve, Utsch, and Ehlert
Nays: None
September 11,2000 Minutes
Kalinowski stated that she would like to see the City Staff keep a data base, which states that Planning
Commission's decisions, including conditions, for future reference on projects that may require some follow up. A
data base would be easier to access rather then trying to locate decisions in the minutes. I
Zoninl! Ordinance Amendments:
Carlson informed that Planning Commission that the reCDmmended changes are a result of the rental committee's
findings and the changes are necessary to implement the reCDmmendations of the committee. Carlson suggested that
the Planning Commission reference the City Attorney's letter as they address the amendments. Carlson further
suggested that they take one item at a time for an accurate record for the City Council. The following
recommendations were made:
Section 52.12 Subdivision 9:
Ehlert clarified that the rental committee had a tremendous amount of discussion regarding this issue. The rental
committee was looking to sunset the grandfather clause but the City Attorney stated that this would be impossible.
So, the suggestion is to strip a grandfather privilege if the license is revoked.
Schneider stated that this seems to be unfair and punishes those specifically if they have a rental license. It appears
the recommendation is treating old and new rental licenses differently.
Ehlert stated that this amendment would allow the City Council to eliminate grandfather status if the license is
revoked due to disciplinary action.
Utsch questioned if the City Council has established a policy or procedure when a noise violation occurs. He
suggested that the City Council should determine at what point a license can and will be revoked.
Schneider stated that he still feels that it is unfair to take away a grandfather clause in addition to fines that may be
opposed. However, he respects that opinion of the attorney and understands the intent of the amendment.
Utsch moved to recommend amendment to Section 52.12 Subdivision 9 to specify that there will be a loss of I
"grandfather" status if the use is involuntarily discontinued due to a revocation of permit, provided that the
City Council develop an uniform policy and procedure for determining discipline, suspension and revocation
within 120 days; Seconded by Lesnick.
The motion passed with the following vote:
Ayes: Lesnick, Graeve, Kalinowski, Graeve, Utsch, and Ehlert
Nays: Schneider
Section 52.14 Subdivision 3:
Kalinowski introduced the rec{)mmendation to the Planning Commission. The amendment details the required
parking area that would be needed for all rental units.
Graeve moved to recommend amendment to Section 52.14 Subdivision 3 to include:
a) Fractional units when determining the required number of parking units be rounded to the next
highest number in all cases; and
b) All rental properties shall be subject to the parking requirements as set forth in Subdivision 4 (b)
Boarding Houses
Seconded by Ehlert.
The motion passed with the following vote:
Ayes: Lesnick, Schneider, Graeve, Kalinowski, Graeve, Utsch, and Ehlert
Nays: None
Section 52.17:
Graeve clarified the recommendation of the City Attorney, which changes the permitted uses, and special uses.
Ehlert stated that the recommendation would not permit rental units in an R-I liming District. However, an owner I
occupied rental unit could be allowed if the dwelling is occupied by the owner.
September 11,2000 Minutes
Lesnick stated her concern regarding parents buying homes for their kids and owners moving out after they obtain a
rental license.
I Lesnick moved to recommend amendment to Section 52.17 to included:
a) Permitted Uses be limited to "single family-owner occupied residential uses. Rental prohibited.
b) Special Uses include rental units if owner occupied. Non-owner occupied is prohibited.
Seconded by Utsch.
The motion passed with the following vote:
Ayes: Lesnick, Schneider, Graeve, Kalinowski, Graeve, Utsch, and Ehlert
Nays: None
Section 52.18:
Graeve and Kalinowski clarified the recommendation for the R-2 Zoning District.
Lesnick move to recommend amendment to Section 52.18 to include:
a) Permitted uses include rentals that are owner occupied; and
b) Special uses include non-owner occupied.
Seconded by G raeve.
The motion passed with the following vote:
Ayes: Lesnick, Schneider, Graeve, Kalinowski, Graeve, Utsch, and Ehlert
Nays: None
Section 52.19. Subdivision 2 (a):
Graeve stated that the intent of the recommendation is not to limit large apartment complexes to a family or three
unrelated persons. Carlson stated that in many cases, apartment buildings have four bedrooms. Removing the word
family in this section would allow for large complexes which is the intent of the Ordinance.
I Lesnick moved to recommend amendment to Section 52.19 Subdivision 2 (a) to remove the word "family";
Seconded by Graeve.
The motion passed with the following vote:
Ayes: Lesnick, Schneider, Graeve, Kalinowski, Graeve, Utsch, and Ehlert
Nays: None
Section 52.25. Subdivision 7 (c):
Utsch stated that he agrees with the City Attorney that rental units should not be allowed in the Highway#75
Business District. The Planning Commission members agreed.
Carlson stated that the Planning Commission should decide what the intent of this section should be in the future.
With recent projects, the section ofthe Ordinance has been subject to interpretation developers and City Staff. In
addition, the Planning Commission must determine if windows and doors are included or excluded from the square
footage calculation.
Utsch stated that there are examples in the community where the Ordinance needs to be clarified and not open to
interpretation. The current Ordinance can be manipulated and creates an argument. Utsch suggested that the
Ordinance required the 50% coverage to occur on all four sides.
Ehlert suggest that the Planning Commission should further clarify the Ordinance by stating "at a minimum" 50%
coverage. Thereby, leaving the door open if the developer wants to go greater then 50%.
Carlson suggested that the Ordinance exclude windows and doors from the square footage calculation of a side.
Then the 50% coverage requirement would only be applied to the square footage remaining. The Planning
I Commission member agreed.
September 11,2000 Minutes
Graeve moved to recommend amendment to Section 52.25 Subdivision 7(c) to include the following language;
a) "at a minimum 50% of the square footage on each side of the structure; and
b) "When calculating the square footage of a side, the total square footage of aU windows and doors I
shall be excluded.
Seconded by Lesnick.
The motion passed with the following vote:
Ayes: Lesnick, Schneider, Graeve, Kalinowski, Graeve, Utsch, and Ehlert
Nays: None
Affordable Housinl! Study Summary Sheet:
Carlson presented the Planning Commission with a summary sheet that outlines the recommendations of the Central
Minnesota Task Force on Affordable Housing. Carlson requested that the Planning Commission review the
recommendations and future meeting would be held to discuss the affordable housing issue.
Approval of Minutes:
Lesnick moved to approve the July 10,2000 minutes as presented; Seconded by Utsch.
The motion passed with the following vote:
Ayes: Lesnick, Graeve, Kalinowski, Graeve, Utsch, and Ehlert
Nays: None
Announcements:
Carlson updated the Planning Commission on the progress of Pond View Ridge Six and Northland Five
developments and anticipated meetings to review the plats.
Graeve announced the following upcoming events:
I) September 12th - Last day to declare candidacy for City Office
2) September 29th - Farmers Market Harvest Festival I
3) October 11 th - Healthy Community Partners Town Meeting, Kennedy School @ 7:00 p.m.
Adjourn:
The Planning Commission meeting adjourned by consensus at 8:35 p.m.
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Chad A. Carlson
Planning Commission Secretary
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September 11,2000 Minutes