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HomeMy WebLinkAbout2002 [10] Oct 07October 7, 2002 Page 1 of 5 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, October 7, 2002 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners Marge Lesnick, AI Rassier, Jim Graeve, Kurt Schneider, Mike Deutz. Administrator Judy Weyrens. Others Present: City Attorney Sue Dege, Joanne Foust, Cynthia Smith-Strack, Kim Jensen, Jennifer Theisen, Gary Hawkins, Jason Klinefelter. Approve Agenda: Kalinowski made a motion to approve the agenda with the addition of 11) Affordable Housing. The motion was seconded by Deutz and passed unanimously. Approve Minutes: Lesnick made a motion to approve the minutes of August 26, 2002 as presented; Discussion: Deutz questioned Rassier as to the action taken by the City Council regarding the US Army Reserve Facility. Rassier stated that the Council approved the Special Use Permit as recommended by the Planning Commission. Additionally the Council required landscaping on both the north and west side of the facility and relieved the parking lot standards for a period of three years at which time the front portion of the parking lot facing 88~h Avenue must be paved. Utsch questioned if the Council added a provision whereby any future building permits would require the entire parking lot be paved. Weyrens stated that the Council did not include that provision, but the Planning Commission will review and future building plans and can require paving at that time. The motion was seconded by Rassier and passed unanimously Public Hearing, Kim Jensen - 620 Hackberry Drive Chair Utsch called the hearing to order at 7:05 PM and stated the purpose of the hearing is to consider a Special Use Permit to allow an owner occupied rental unit in an R-1, Single Family Zoning District. The property is legally described as Lot 016 Block 002 Northland Plat Five and located at 620 Hackberry Drive. St. Joseph Code of Ordinances 52.17 subd 3 (1) allows a special use permit as follows: Residential rental if owner occupied. For 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 own fifty percent (50%) or greater interest in the property. Kim Jensen of 620 Hackberry Drive spoke on her own behalf. Jensen stated that she moved into her house in April of 2002 and was unaware that she needed a Special Use Permit to rent a portion of her house. She further stated that when she purchased the property, her realtor was aware that she would be renting a portion of her house and did not inform her of any regulations prohibiting such. Jensen stated the house is a four bedroom home with two bathrooms. While she understands the need to have a Rental Ordinance, she requested the Planning Commission recommend approval of her request. Jennifer Theisen of 622 Hackberry Drive approached the Planning Commission stating support of the Special Use Permit request. However, Theisen questioned if the Special Use Permit is transferable and questioned if provisions could be included for future landowners of the property. City Attorney Sue Dege stated that a Special Use Permit is attached to the property and is transferable. Therefore, if there are any concerns they should be included as part of the Permit. Theisen stated the one concern she has is parking on the streets and stated that the current tenants make an effort to park in the driveway and requested the Commission require such. There being no one further to testify, Utsch closed the public hearing at 7:15 PM. Rassier questioned Weyrens as to how the City became aware of the Ordinance violation. Weyrens stated the utility bill for the residence in question was paid with multiple checks. Therefore, the City October 7, 2002 Page 2 of 5 Offices mailed the property owner a compliance order. Upon receipt of the Compliance Order Jensen filed the necessary application for a Special Use Permit. Rassier stated that it is his opinion that if the neighbors had any concerns, that they would have approached the Planning Commission. Therefore, Rassier stated that since the affected neighbors do not appear to have an issue with a rental unit in their neighborhood he would support recommending approval of the Special Use Permit to allow an owner occupied rental unit in a R-1 Single Family zoning district. Graeve requested clarification on the maximum number of renters allowed in a rental unit. Weyrens stated that the St. Joseph Code of Ordinances defines a family as three unrelated persons. Therefore, Jansen could have a maximum of two renters if a Special Use Permit is granted. Deutz made a motion to recommend the City Council adopt Resolution PC2002-_ recommending approval of a Special Use Permit to allow an owner occupied rental in a R-1, Single Family Zoning District. RESOLUTION PC-2002- ST. JOSEPH PLANNING COMMISSION RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT FOR KIM JENSEN ALLOWING AN OWNER OCCUPIED RENTAL IN A R1-SINGLE FAMILY ZONING DISTRICT WHEREAS, Kim Jensen of 620 Hackberry Drive has submitted a request for a special use permit to allow an owner occupied rental unit in an R-1, Single Family Zoning District; and WHEREAS St. Joseph Code of Ordinances 52.17. subd 3 (I) allows a special use permit as follows: Residential rental if owner occupied. For 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 own fifty percent (50%) or greater interest in the property; and WHEREAS, the applicant has submitted required site plan and building plans for review; and WHEREAS, Section 52.9 of the Zoning Ordinance outlines requirements for the issuance of a special use permit; and WHEREAS, the Planning Commission has reviewed the special use request. NOW, THEREFORE, BE IT RESOLVED BY THE ST. JOSEPH PLANNING COMMISSION THAT: The Planning Commission does hereby recommend the City Council of the City of St. Joseph approve the special use permit for Kim Jensen to allow a rental unit in a R1 Single Family Zoning District with the following contingency: 1. Within a time frame to be determined by the City Council, the property meets the definition of a family; no more than two renters reside at the property. 2. The property owner complete the rental license process including inspection. Discussion: Schneider spoke in opposition to the proposed Special Use Permit request. He stated that past experience has shown that policing rental units is extremely difficult, and while the intentions of the current property owner are good, what may transpire in the future may not be favorable. The motion was seconded by Kalinowski. Ayes: Utsch, Kalinowski, Lesnick, Rassier, Graeve, Deutz Nays: Schneider Motion Carried: 5:1:0 October 7, 2002 Page3of5 Commissioner Deutz stepped down from his chair due to conflict of interest regarding the proposed lot split request. Lot Split Request. Schroeder Sports. 19th Avenue NE: Weyrens presented a request of Schroeder Sports to subdivide the property they currently own on 19th Avenue. The area being requested for subdivision is 110' x 182'. If approved, the property subdivided would be attached to the adjoining property so that additional storage units can be constructed. Weyrens stated that the Ordinance regulating Industrial Zoning does not include a minimum lot size. Therefore, after the subdivision both lots will be in conformance with the St. Joseph Code of Ordinances. Lesnick made a motion to recommend the Council adopt Resolution PC2002-_ Recommending Approval of the Re-Subdivision of Lot 2, Block 1 TJ Addition. Resolution PC2002-_ Granting Approval of the Re-Subdivision of Lot 1 Block 2 TJ Addition WHEREAS, Gary Schroeder of Schroeder Sports has submitted a request to re-subdivide Lot 1, Block 2 TJ Addition, and WHEREAS, the re-subdivision would result in two lots measuring approximately .68 acres and 1.38 acres in size; and WHEREAS, Section 54.3, Subdivision Ordinance provides for exceptions from the formal platting process for the re-subdivision of lots provided full compliance with the platting procedure is not needed to meet the purposes of the ordinance; and WHEREAS, the Planning Commission has reviewed the proposed subdivision and has found the lot split to comply with minimum design and improvement standards; and WHEREAS, a registered land surveyor's certification for the proposed subdivision is required. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH THAT: The re-subdivision of Lot 1, Block 2 is in compliance with the Subdivision Ordinance and exempt the applicant from the formal platting procedures, contingent upon the following conditions: That a certificate of survey be completed and the approved monuments/markers be installed at the new lot corners resulting from the re-subdivision of Lot 1, Block 2 by a registered land surveyor. The motion was seconded by Graeve and passed unanimously. Deutz resumed his chair at 7:30 PM. Spring Green Building Expansion. Site Plan Approval: Joanne Foust of Municipal Development Group presented the Planning Commission with the expansion plans of Spring Green. Foust stated the property owner is proposing an addition to the existing structure of 2,325 square feet, with 1,200 of the addition being office space. Foust stated in reviewing the proposed plan there are three areas of concern: 1. Parking lot standards: The property owner is proposing to pave only the portion of the parking lot abutting the office with the driveway and remaining parking area constructed with class 2. 2. Outdoor storage: The Public Works Director has requested that no vegetative material be stored outside. This was a condition imposed at the time the original building constructed. Foust stated the concern is the high water table and the pesticides used by the property owner. October 7, 2002 Page 4 of 5 3. Drainage: The City Engineer has not responded to the question drainage requirements, which will dictate whether or not the property owner will be allowed to drain the entire addition to the holding pond located in the rear of the property. Gary Hawkins, owner of Spring Green Lawn Care, approached the Planning Commission. Hawkins stating that when they originally built the facility he was unaware that outside storage was prohibited. Currently vegetative material is brought to the site and composted. At the end of each year some of the material is cultivated into the ground as black dirt and the remaining products is hauled off site. In addition to grass clippings, brush and branch material is stored on the site and reused for landscaping mulch. As far as the paving of the entire parking lot, Hawkins stated that is would not be practicable. While he agrees to paving the portion by the office building, if the remaining area is paved the equipment used by the company will damage blacktop or concrete. Hawkins did agree to pave the approach from 15`h Avenue a distance of approximately 30 feet. Hawkins stated that he was unable to contact the City Engineer regarding the drainage issue for the proposed site. However, it is his intention to drain the addition to the swayle that was created for the existing structure. From the swayle the water is directed to the holding pond. Hawkins stated that the property could also be drained to the street and run through the storm sewer to the holding pond, but that is not his best option. The Commission agreed that the City Engineer would need to make the final decision regarding drainage of the property. Utsch questioned if all the conditions from the existing building permit have been met. Weyrens stated that the only outstanding issue is the outside storage of material. Hawkins reiterated that he was not aware of this provision as the contractor secured the building permit. Had he been made aware of the condition, he would have requested relief from the Planning Commission. Utsch questioned Hawkins as to the type of outside lighting that would be provided. Hawkins responded that since the building is not accessed 24 hours a day, the only lighting for the property will be security lights on all four sides. Hawkins expressed frustration with the process for securing a building permit. He stated that some of the requirements that are being requested are the result of new covenants for the Business Park. Hawkins stated that he did not have to address the issues brought forward at this meeting when the original building was constructed. In his opinion the covenants were changed and he should be allowed to construct the addition under the old provisions. The Planning Commission agreed that before a recommendation could be given to the City Council regarding the site plan, Hawkins must submit the Planning Commission the drainage requirements of the City Engineer and a letter from the Public Works Director regarding the outside storage. Rassier made a motion to table this matter until October 15, 2002 at 6:30 p.m. The motion was seconded by Graeve and passed unanimously. Zoning Ordinance Review: The Planning Commission with the assistance of City Attorney Sue Dege and EDA Consultants Joanne Foust and Cynthia Smith-Strack continued with the review of the current Zoning Ordinance. Items of discussion included: New definitions: billboard, clear cutting, conditional use, daycare home, dwelling, dwelling attached, easement, flood, flood plain, flooding, floor area ratio, hydric soils, hydrophytic vegetation, impervious, surface, kennel, land disturbing or development activities, manufacturing, manufacturing-heavy, manufacturing-light, manufactured home park, non-conforming lot, non- conforming use of land, non conforming use of structure, office building, planned unit development, principal use, property owner, recreational vehicle, screening street frontage, use- accessory, use-incompatible, use special, vacation, waterbody, watercourse, watershed, and zoning district. October 7, 2002 Page 5 of 5 • Creation of a separate Ordinance regulating home occupations. • Removal of the following definitions: Non conforming use. • Clarification on the Board of Appeals and Adjustments (Board created, Procedure, Variances). Future agenda will include Board of Appeal and adjustments. • Inclusion of an Interim Use Permit, including definition and standards for use. • Add a provision to zoning and amendments that a property owner may petition for rezoning without signatures as long as the rezoning is consistent with the Comprehensive Plan. The Planning Commission agreed to continue review of the Zoning Ordinances on October 23, 2002 at 6:30 PM. Other Matters Affordable Housing: Utsch expressed concern that the Planning Commission was not included in the final decision of the City Council regarding the proposed Affordable Housing Policy. Weyrens stated that it was not the intent of the Council to bypass the Planning Commission, as they felt that at a recent joint meeting between the Council and Planning Commission items of concern were addressed. The items discussed at that meeting were forwarded to the drafting committee for revision. Utsch requested that a copy of the Affordable Housing Policy be distributed to the Planning Commission. Ad~iourn: The meeting was adjourned by consensus at 9:25 p.m. ~~, ,.Judy Weyr~ns ~; Adm istrator ~~, ~~ ` `~l,c`ls~/