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HomeMy WebLinkAbout2001 [01] Jan 08 I Qlficial Minutes - Planning Commission Pursuant to due call and notice thereof: the Planning Commission met in regular session on Monday, January 8, 2001 at 7:00 p.m. in the St. Joseph City Hall. Plannine Commission Members Present: Commissioners Marge Lesnick, S. Kathleen Kalinowski, Mike Deutz, Jim Graeve, Gary Utsch, Kurt Schneider, AI Rassier. Others Present: Gladys Schneider, Jim Hardwick, Tim Borresch, John B. Rassier, Jody Terhaar, Mary Ann and Ben Poepping, Don Schneider, S. Marium Ardolf: John and Marie Krebsbach, Ted Schmid. Election of 2001 Officers Election of Chair of the Planning Commission and Deputy Chair of the Planning Commission were held. Lesnick nominated Utsch as Chair and S. Kathleen Kalinowski as Deputy Chair. Commissioner Schneider seconds the nomination. There was no discussion on the motion. The motion passed with the following vote: Ayes: Kalinowski, Lesnick, Schneider, Utsch, Graeve, Rassier Nays: None Swearioe in of Officials Commissioner Mike Deutz took his oath of office. A2enda Approval S. Kalinowski motions to approve the agenda for the session. Seconded by Lesnick. The motion passed unanimously. I BorreschlSchneider Rezonine Request Tim Borresch and Dale Schneider have submitted a petition to the Planning Committee to rezone Lot 8, Block 7 of Section 10, and Lot 9, Block 7 of Section 10 both of Township 124, Range 29 ofthe Townsite of St. Joseph, ftom R-l (single family) to R-3 (multiple family) status. The petitioners have met the requirements of the City of St Joseph and signatures have been submitted as follows: 1) 50% of the property owners requesting the rezoning have signed the petition, and 2) 50% of those property owners within 350 feet of the proposed change have signed the petition. Borresch resides across the street and addshe would be able to monitor the renters as well as provide necessary maintenance immediately (whLch includes small modifications initially). He adds it would not necessarily be student housing and that there are several people older than student age looking for rental housing. He also stresses there is no plan for a future apartment building as had been previously discussed. Commissioner Graeve feels if the property were changed it would be spot zoning. He is concerned about the future of the site if it is changed to R-3. Commissioner Graeve states if Borresch sells the property it could change to apartment housing. . Elaine Niehaus adds there is a market for rental housing in the area. Rental housing is needed not only for students, but also for families, and others who are not ready to buy a house. Commissioner Rassier states changing the zoning ftom R-I to R-3 would not be spot zoning due to the fact there are R-3 properties adjacent to the petitioned property. Ben Poepping adds Borresch is an excellent neighbor who would be sure to control the renters. Poepping adds that there would not be enough room for an apartment building. I Jack Rassier adds Borresch is an excellent neighbor and would do good work with the property. Rassier also states an apartment building should be cautioned against. January 8,2001 Minutes Commissioner Schneider comments we may want the area zoned R-3 in the future. Since it is zooed R-3, does not I mean bad development. If it is zoned R-3 it could be turned into other types ofuses, such as senior housing, playgrounds, and churches. Future development of the land would have to go through the Planning Commission and therefore the proposal would have to be approved by the City. At Commissioner Rassier's request Comm ission Secretary Carlson clarifies the piece of property being discussed. He also showed surrounding zoning classifications stressing the property to the East is currently zoned R-3. Jim Hardwick states the Commission should provide a city plan which determines whtTe single families, elderly, and students are to live in the community and zone appropriately. Cory Ehlert states the new zoning ordinance didn't go through the Planning Commission. The Commission should review any future changes. He further suggested the idea of making a Variance to the Ordinance to allow non- owner occupied rentals. Carlson stated that Variances are only allowed to be considered against measurements of Ordinances, such as setbacks, square footage, height, etc. A Variance to the Ordinance is not an option. Carlson stated that the City could amend the R-I District by adding non-owner oœupied rentals under a Conditional Uses. Gladys Sclmeider questions when the R-l zoning ordinance had been passed. Commissioner Graeve concludes about three months. He states Borresch could be grandfathered in ifhe had bought the property before the new ordinance had passed. Chairman Utsch states the Commission should consider rezoning to an R-2. Marie Krebsbach, Bmesch's neighbor, states Borresch is a conscientious person who will fix the home and protect the area. BOtTesch states he did not purchase the property before the new ordinance was passed. Borresch closes by stating I most students are good and they shouldn't be a concern since he is just across the street where he can better regulate the renters. He feels decisions in rental issues are always tied to students in the area, when in fact he doesn't plan on renting it specifically to them and is unfair. Chairman Utsch closed the public hearing at 8: 15 p.m. and opened a discussion with the Planning Commission. Deutz adds thtTe is a need for multiple family housing in the City of St Joseph. He referenced the housing study completed by the EDA Schneider feels it would be discrimination against all. not just students, if there is no multiple family housing in a R-l single family district. A motioD was made by CømmissioDer Rassier to reeommend that tIle Qty Council approve the rezoDÍlIg request as presented by tbe petitiODeI'8. SecoDded by Commissioner Deutz. Discussion Commissioner Graeve states he will not be voting for the rezone request for the following reasons: I) He feels it would be spot zoning, since the SUlTOWlding homes would still be zoned R-l. 2) It violates the First Objective of the St. Joseph Comprehensive Plan of July 22. 1997, under Social Objectives "Keep neighborhoods intact and promote the grovrth of healthy and vibrant neighborhoods. " 3) The rezoning would set a precedent for other R-I neighborhoods. 4) Rezoning is not in the public interest, only to the property owner seeking it 5) Under Section 527 of the City Ordinances (p.98), Purpose and Intent ofOrdinanœs, the following sub divisions apply this request for rezoning: I a) Subdivision I: Promote and protect the general public health, safety, morals, comfort, and general welfure of the inhabitants of the City of St Joseph. b) Subdivision 8: Prohibit use ofbuildings, structures, and land that are incompatible with the intended use or development oflands within the specified zones. January 8,2001 Minutes 6) It will not reflect well on the new administration just elected. It will appear to the general citizenry I that the new appointments favor the landlords if the first action of the Planning Commission opens the door to the rezoning of residential districts. Commissioners S. Kalinowski and Lesnick concurred with Graeve's comments. Commissioner S. Kalinowski adds it is not the best immediate solution, and the Planning Commission will work on amending the Ordinance to make it more workable. Chair Utsch states he will be voting against the motion as well because he feels the Ordinance as written must be followed. However, he feels there should be future action taken to amend the zoning ordinance. Commissioner Lesnick agrees. The motion fails with the following vote: Ayes: Rassier, Schneider, Deutz Nays: Graeve, S. Kalinowski, Lesnick, Utsch The Planning Commission will meet with the City Council members to discuss the zoning ordinances on Wednesday, January 17th, 2001. Resolution of Findine The request of Tim Borresch and Dale Schneider for a Rezoning request came before the Planning Commission at a public hearing held on January 8,2001. The purpose ofthehearing was to consider rezoning property within the City Limits ftom an R-l Single Family District to a R-3 Multi Family District. The rezoning would allow Mr. Borresch the opportunity to obtain an non-owner occupied rental license. I St. Joseph Code of Ordinance 52.10, Subdivision 2 allows property within the City Limits to be rezoned by petition provided the following conditions are met: 1) a petition is submitted by not less than fifty percent (50%) ofthe property owners affected by the proposed amendment; and 2) a petition is signed by fifty percent (50%) of those property owners within three hundred fifty (350) feet of the proposed change. The petitioners met the above conditions and they proceeded with the request. The properties to be rezoned are legally described as follows: 1) Southerly 115 feet oflot 8, Block 7 of Section 10, Township 124, Range 29 ofthe Townsite ofSt. Joseph; and 2) Lot 9, Block 7 of Section 10, Township 124, Range 29 of the Townsite ofS1. Joseph; and 3) Northerly 83 feet of Lot 8 and all of Lot 7, Block 7 of Section 10, Township 124, Range 29 of the Townsite ofS1. Joseph. The request for Rezoning has been submitted by Tim Borresch 11, 3rt! Avenue NW, S1. Joseph, MN 56374 and Dale Schneider 31164 115th Avenue, S1. Joseph, MN 56374. Notice ofthis matter was duly served and published. In consideration ofthe 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 recommendation: The Planning Commission made a motion to approve the rezoning request. However, after further discussion the motion failed by a 4 to 3 vote by the Planning Commission Members. The motion to rezone the property failed. I Northland Five Addition The developers of the Northland Addition are proposing to move forward with phase five of the Northland Addition. This is an informational item only. January 8, 2001 Minutes I Commission Secretary Carlson stated that affordable housing needs the City ofSt Joseph to assist in the financing in some way, and adds there is also state programs to help the inftastructure of the project. The project is meant for working fiunilies who are struggling to meet the requirements of home ownership, specifically the down payment The purpose of the project is to create affordable homes, lov,uing the cost to the family, and retaining the high market value of the homes. Secretary Carlson then showed a proposed design of the area. Secretary Carlson adds the new development would help achieve the constructioo of a lift station, which is necessary for this development and future development to the north. Ted Schmid is a representative of Avon Lumber One who has developed this type of housing in Sartell, MN with success. The Greater Minnesota Housing Fund, which is founded through the McKnight Foundation, is a non-profit organization, which helps families afford homes. The organization allots 25 million a year to help people move into homes. They also coordinate financial assistance of other organizations as well such as banks, lumber companies, and cities. He has no exact amounts to show because the development is in the preliminary stages. Commissioner Graeve questions what it would cost the city. Schmid states the City of St Joseph would not be required to pay any money. However, one option would be to have the City reduce the cost on building permits. Schmid states the sewer and water fees are double that ofSt. Cloud and Waite Park, and feels one possible contribution of the City ofSt Joseph could be to cut those fees down to the levels of surrounding comm¡.mities. Schmid explains the homes would be BI-Ievel as well as TRl-Ieve1. Schmid states 50%-60010 of the people in the neighborhood must use the assistance in order for the organization to I keep their TIF assistance. Secretary Carlson states the same criteria would be used as in Sartell. Secretary Carlson later adds that potential homeowners would purchase a home for the amount of $94,000, but the home would have a value of $1 04,000. Schmid responds to Peopping's question about the size of the lots stating they win be smaUer then 11,000 sq. ft, which is required by S1. Joseph. Large lots are no longer a necessity of the homebuyer. Commissioner Schneider expresses this type of housing is being done more often than it used to, and adds the people in the market for this type of home don't want a big yard. Commissioner Schneider adds young families don't have the time to care for a large yard, and elderly don't want to. Commissioner Schneider states he is concerned about whether the City of St Joseph can keep up with it's services if it gets too large. Commissioner Deutz adds the money ftom the new taxes could help build a lift station, which he feels is necessary to the further growth of the City of St Joseph. The project is a win/win situation and must be completed. On January 17,2001 at 3:30 p.m. the Planning Commissioo will go to the City ofSarteU to review a development completed by Avon Lumber One. Approval Minutes Moves to approve minutes of the December 4, 2000 meeting. Seconded. The motion passed unanimously. 1) Change ftom 'the property would like similar' to 'the property would look similar' in the sixth paragraph under the Walz Variance section. 2) Change ftom 'Herges comments by stated' to 'Herges comments by stating' and add the last name of Melissa (Wester) in the fifth paragraph of the Pond View Ridge Six Letter of Transmittal section. I 3) Change ftom 'it cannot be damages' to 'it cannot be damaged' in the twelfth paragraph of the same section. 4) Change ftom 'homeowners must submit a grading a drainage' to homeowners must submit a grading and drainage' in the thirteenth paragraph of the same section. 5) Change ftom 'needs to be flag' to 'needs to be flagged' in the fifteenth paragraph of the same section. I Motion passed with the following vote: Ayes: Kalinowskt, Lesnick, Graeve, Utsch, Schneider Nays: Abstentions: Rassier, Deutz Adjourn The Plannj~meetjngadjoumed by consensus at 9: 15 p.m. :£i ..... U&·. Secretary I I January 8, 200 I Minutes