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HomeMy WebLinkAbout2003 [06] Jun 02]une 2, 2003 Page 1 of 8 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, June 2, 2003 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Jim Graeve, Mike Deutz, and Bob Loso. Administrator Judy Weyrens. Others Present: John Kalkman, Carol Kalkman, Roger Beuning, Jeannette Pfannenstein, Joyce Stock, Jim Degiovanni, Karen Bechtold, Lorna Boone, Arlene Faber, Luann Blonigen, Ardell Sowada, Tom Lemmer, Dave Mehr, Tom Bruce, Jerry Hettwer, Dean Wick, Linda Schyma, Jean Osendorf, and Ron Hommerding. Approve Agenda: Loso made a motion to approve agenda as presented; seconded by Kalinowski and passed unanimously by those present. Approve Minutes: Lesnick made a motion to approve April 7 and May 5, 2003 minutes as presented; seconded by Loso and passed unanimously by those present. Discussion: Graeve requests the May 5, 2003 minutes be amended to reflect the question asked by himself to Mark Lambert's Engineer regarding whether 35 mph was safe on Northland Drive. Lambert's Engineer replied stating that it would not be safe. Loso requested verification before the minutes are amended. Public Hearing. Interium Use Permit -John & Kathryn Kalkman: Utsch called the hearing to order and stated the purpose of the public hearing to consider an Interim Use Permit (IUP) to allow an owner occupied rental unit in an R-1, Single Family Zoning District. The property is legally described as Lot 12 Block 1 Loso's 4'h Addition located at 209 E. Minnesota Street. The St. Joseph Code of Ordinance 52.27, subd. 5 allows for an Interium Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property at his or her principal residence and must own a fifty percent (50%) or greater interest in the property. The request had been submitted by John and Kathryn Kalkman, 2716 23~d Avenue South; St. Cloud, MN 56301. John Kalkman approached the Planning Commission and spoke on his own behalf. Kalkman stated that he recently purchased the home located at 209 Minnesota Street East with his daughter Kathryn. The home was listed as a bank forfeiture and needs a considerable amount of renovation. Kalkman stated that he is purchasing the home with his daughter so that while she is attending the College of St. Benedict she will gain equity in a home and learn responsibility. Since Kathryn is a student, she cannot make the mortgage payments unless she is allowed to rent two bedrooms. Therefore, at this time he is requesting the Planning Commission issue an Interim Use Permit to allow an owner occupied rental unit. Carol Kalkman spoke on behalf of her daughter, Kathryn. Kalkman stated that her daughter is currently studying overseas and could not be present at this meeting. However, Kalkman stated that her daugher is extremely responsible and is confident that she will be an asset to the neighborhood. Kalkman stated that she herself attended the College of St. Benedict and wishes her daughter to have the same experience. She further stated that she has been a property manager for many years and she has never had to evict a tenant. She understands the concerns the neighborhoods but is confident her daughter will bean assest to the neighborhood. Utsch stated the Planning Commission has received a petition from 41 residents living near the proposed Interim Use Permit. The petition reads as follows: ]une 2, 2003 Page 2 of 8 We the undersigned taxpaying members of the City of St. Joseph oppose the consideration of an Interium Use Permit to allow the owner occupied rental unit in an R-1 Single Family Zoning District namely the property legally described as Lot 12 Block 1 Loso's 4~h Addition located at 209 E. Minnesota Street St. Joseph, Minnesota. We hear(fully oppose changing the status of that property because we desire that all the dwellings within the geographical area of the undersigned presently zoned as R-1 Single Family Dwelling to remain R-1 Single Family Dwellings. Roger Beuning of 120 East Minnesota Street spoke in opposition to the proposed Interim Use Permit. Beuning stated that he has been a resident of St. Joseph for 32-years and does want another rental unit in the neighborhood. Beuing stated that many of the homes that are sold for rental units are housing that would be affordable to first time home buyers. If the homes continue to be sold for rental property, affordable housing may not be available in St. Joseph. Beuing questioned if the IUP is issued to John and Carol Kalkman (parents) or Kathryn Kalkman. He also questioned if the property is sold, does the permit become null and void. Utsch clarified that an IUP is not transferable and is issued to the property owner, John and Kathryn Kalkman. Jeanette "Netty" Pfannenstein of 208 Ash Street East, spoke in objection to the proposed IUP. Pfannenstein stated that she lives directly behind the home being discussed at this meeting. While she is encouraged that the property is being cleaned up, she has concerns with adding another rental unit to a neighborhood that is already saturated with rental homes. She questioned if the Planning Commission approves the IUP, does this set a precedence for the inner city community. She stated as homebuyers, many of the residents in the neighborhood hope to make this their place of retirement. It not only affects the quality of the residents living, but also the value of their home. She stated they are not heartless people, they are concerned about where they live and wish to maintain the style of living they hope to retire in. Pfannenstein questioned if there is a time limit of an IUP. Utsch responded stating if the Interium Use Permit is approved, it would be for the length of ownership of the home and is not transferable. He further clarified that the rental unit must be owner occupied. Pfannenstein questioned if the property owner has provided proof that Kathryn is the owner of the property and encouraged the Commission to protect the property owners who have lived in the community for the past 50+ years. Pfannenstein stated it is her opinion, there is not adequate parking. The neighborhood is also concerned about the number of rentals that in their neighborhood. She clarified that they are not against the students; they are against rental units in residential neighborhoods. Joyce Stock of 220 E. Ash Street, approached the Planning Commission speaking in opposition to the proposed IUP. Stock questioned how many more homes will be absorbed by parents purchasing homes for their children. There are currently two more homes for sale in the neighborhood and she does not wish to see those homes converted to rental as well. Stock stated that she understands that IUP's have recently been added to the Zoning Ordinance and stated it is her opinion that it is ineffective to keep changing guidelines that have already been set. Utsch closed the public hearing at 7:26 p.m. Utsch questioned the number of parking stalls that were illustrated on the diagram that was presented with the IUP Application. The diagram illustrates six parking spaces that are located behind the garage. Kalkman clarified the distance between the garage and the alley is 54-feet, which is adequate parking for four vehicles. Utsch questioned if Kathryn had received a "release" from the College of St. Benedict as she is a sophomore and is required to live on-campus. Kalkman stated that the College has agreed to release Kathryn from the housing contract. Tune 2, 2003 Page3of8 Kalkman stated he is taken aback from the City's hospitality. He stated he is used to neighbors welcoming residents to the neighborhood and helping the new resident move into their home. Kalkman further stated that there is no benefit to him if the home is not maintained and poorly managed Loso stated it is his understanding that the intent of the Ordinance is to preserve existing neighborhoods and provide affordable housing. He further stated that the St. Joseph Comprehensive Plan was recently updated to include the same mission statement. Allowing rental units in already saturated neighborhoods is not consistent with the Ordinances or Comprehensive Plan Deutz stated it is his opinion that the intent of the Ordinance is being met. It was his understanding that the City was supportive of rental units if the property owned lived at the same site. Deutz stated that the City has already issued an IUP in Northland, and does not believe the Planning Commission should base the decision as to whether or not to approve an IUP, based on the neighborhood for which it will be located. Deutz further stated that an IUP allows the City to place restrictions on the rental license and if the City receives complaints the license could be suspended. Utsch stated the Ordinance was amended to place more control on rental units. In the past when a Special Use Permit (SUP) was issued it remained with the property and restrictions were not imposed. Changing the Ordinance to require all new rental units to be owner occupied has reduced the number of homes that have been converted to rental units. If the IUP is issued, Utsch recommends placing restrictions on the rental license that include the following: 1) Annual review of the rental license by the Planning Commission; 2) Verification annually as to ownership; 3) Time period for which the IUP ceases. Weyrens clarified the differences between a SUP and IUP. Issuing a IUP allows the City to place conditions on the continued use of the property and specify the date as to when the permit expires. The Planning Commission can annually review the rental license and if during the license year Ordinance Violations occur, those violations can be used to suspend a license. The most significant difference between the two permits is that an IUP does not transfer with ownership, they are property owner specific. Graeve questioned if it would be discriminatory to issue an Interium Use Permit to one property owner and not another. Weyrens clarified that the issuance of any IUP must be based on fact of finding and their could be a time when the findings deny an IUP. Deutz made a motion to recommend the Council approve the issuance of an Interim Use Permit to John and Kathryn Kalkman for property located at 209 East Minnesota Street with the following contingencies: 1. The rental license will be reviewed annually each July 2 and any Ordinance violations will impact the continuance of the IUP. 2. Annually the rental license application must provide proof that Kathryn Kalkman is the property owner. 3. The Interim Use Permit will sunset on August 14, 2006. The motion was seconded by Lesnick. Ayes: Utsch, Kalinowski, Lesnick, Graeve, Deutz Nays: Loso Motion Carried: 5:1 Public Hearin4, Preliminary Plat -Buettner Business Park 3: Utsch opened the Public Hearing and stated the purpose of the hearing to consider a preliminary plat to create smaller industrial lots in the St. Joseph Business Park. The preliminary plat will create three lots approximately three-acres in size. The property is legally described as Lot 2 Block 1 Buettner Business Park. The request for subdivision had been requested by Leo Buettner, 5855 Ridgewood Rd., St. Cloud MN 56303. Utsch opened the public hearing at 7:49 PM with no one present wishing to speak. Therefore the hearing was closed at the same time. ]une 2, 2003 Page4of8 Deutz reported St. Joseph Economic Development Authority (EDA) discussed the proposed plat on May 21, 2003 and reviewed the plat in relation to the protective covenants of the St. Joseph Business Park. The proposed re-subdivision meets the requirements of the covenants, which specify a minimum lot size of three acres. Commissioners questioned why they keep reviewing re-plat requests for the Business Park. Weyrens clarified that when the Business Park was platted in 1999, it was unknown what size lots developers would request. Therefore, the Business Plat was platted with large lots with the understanding they could be subdivided. Loso made a motion to adopt PC Resolution 2003-_ recommending the City Council approve the preliminary plat and final plat of Buettner Business Park Plat 3 as presented. The motion was seconded by Deutz and passed unanimously by those present. Jim Degiovanni Discussion on future land use for propertv located on Ridgewood Road: Weyrens reported the City has been approached by the property owners of the Karen Bechtold Property to discuss future land uses and potential uses of the property. Members of the City Staff met with the property owners and discussed potential uses of the property. In reviewing the Comprehensive Plan, the property owned by Karen Bechtold is guided for Industrial Use. Family members are questioning if the City would consider some residential uses as the property abutting the Bechtold property is being developed residentially, both single family and multiple family. The adjoining property is located in the City of St. Cloud. Jim Degiovanni spoke on behalf of the property owners. Degiovanni stated he is representing the Bechtold estate which include the following members: Karen Bechtold, Lorna Boone, Arlene Faber, Luann Blonigen, and Ardell Sowada. The property is located north of Matthew Hall Lumber Yard and Manion's Wholesale. The property owners have owned the property for approximately 10 years and are looking to sell the property. They have been approached by developers who are interested in developing the property residentially. While Degiovanni understands the property is guided for Industrial growth, he questioned if the Planning Commission would consider a development plan that included a mix of Industrial and residential. The developers he has been in contact with would transition the development with Industrial abutting the current Industrial Park and multiple family on the north end. Deutz reported that the EDA considered this matter as the property owners questioned if the EDA would be willing to purchase any land for a future Industrial Park. The Board requested that the EDA Directors contact representatives of the family stating that the City would be interested in pursuing alternatives in the future. Utsch stated he would be supportive of a mixed use development but the Planning Commission would need to be presented with a concept plan before considering the matter. Deutz stated that the Transportation Plan includes an east/west corridor that would affect the development of the property being discussed and any development plans should include the future corridors. Deutz further stated that depending on the location of the future roads, they could be used as the transition area. Frank Osendorf. Discussion on allowances for curb cuts in a R-1 District: Weyrens reported that in 2000 the City amended the Zoning Ordinance limiting all residential property to one curb cut that cannot exceed 24-feet in width, including the wings. The amendment was initiated by the Planning Commission and was requested to help control ingress/egress in an effort to provide safer neighborhoods and provide traffic control. Weyrens stated that recently Frank Osendorf of 615 - 7th Avenue NE removed a portion of his curbing and it was discovered that he was in the process of installing a 50' curb cut. Osendort was informed of the City regulations and he requested an opportunity to approach the Planning Commission to request an amendment to the Ordinance allowing larger curb cuts. Weyrens presented the Commission with a summary of the area Cities regulations regarding curb cuts. Of the Cities surveyed, the majority limit curb cut widths. Some Cities that currently do not have limits are looking at revising their Ordinances for safety and traffic control reasons. June 2, 2003 Page 5 of 8 Frank Osendorf of 615 - 7tn Avenue NE, approached the Planning Commission on his own behalf. Osendort stated that he understands that he has the opportunity to apply for a variance but would prefer that the Planning Commission consider amending the Ordinance. Osendorf stated that he recently built a home in Northland which he spent 2'/2 years designing. The house includes a three car garage and a cement pad for the parking of a fifth wheel. Osendorf stated that he needs additional curb cut space so that he can back in his fifth wheel. Osendorf asked the Planning Commission to drive by 409 Gumtree Street and view its driveway, as it was constructed before the Ordinance Amendment and exceeds 24 feet. He also recommended the Planning Commission drive by 7th Avenue NE and Gumtree Street, east of Northland Drive, to view their driveways and ask themselves the following questions: 1. Which of the driveways do you see presents a greater curb appeal? 2. Which of these driveways is going to make the greatest contribution to resale value? 3. Which driveway would you prefer to have? Utsch stated he has viewed a home located at 1212 East Minnesota Street where the home has a four stall garage and only a 24-foot curb cut. Osendorf stated it is his opinion that the survey presented at this meeting is inaccurate. The contractor that built his home has lived in Cold Spring for approximately six months and has a 36-foot curb cut which is contrary to the information presented in the survey. Weyrens verified that the information provided is accurate and she has a copy of Ordinance from the City of Cold Spring. Loso stated it is his opinion that the City should allow rollover curbing. Rollover curbing would alleviate the need to limit curb cuts widths as any portion of the curb can be used as an entrance. Osendorf agreed with Loso and stated he would be willing to install rollover curbing if it were allowed by the City. Deutz questioned if the roll-over curbs were included in the survey to which Weyrens responded no. Lesnick questioned if roll-over curb would be a safety issue. Deutz questioned why the City restricted the width of curb cuts. Weyrens stated that it is her understanding that curb cut limits were imposed to provide safer streets, In residential areas when children are playing, it is easy to identify traffic areas by curb cuts. If you wouldn't have any limitations it would be possible for vehicles to use the entire width of the lot as an ingress/egress and traffic control would be lost. Utsch stated the Ordinance cannot be changed without a public hearing. Therefore, Utsch stated that Osendorf has the opportunity to apply for a variance if he was interested in pursing a larger curb cut. Lemmer Trucking -Development Site Plan Approval: Weyrens presented the Planning Commission with a proposed development plan for Lemmer Trucking. Weyrens stated that when the City reviews development plans, past developments are reviewed for Ordinance Compliance. The plan presented to the Commission at this time has been delayed three weeks as the conditions of the original building permit were unsatisfied and the applicant did not complete the required application process. The original facility was constructed in 2000 and the building plan did not include a provision for outdoor storage. The back of the property was being used to store cars and trailers and the parking lot was not striped. As of this meeting, all the past requirements have been satisfied and the Planning Commission can review the expansion plans of Lemmer Trucking. Weyrens stated that when the initial building permit was issued, the sideyard setback was 10-feet. Since that time the new Ordinances have become effective and the sideyard setback is 25-feet. If the applicant does not move the loading dock to satisfy the requirements, a variance could be considered on July 7, 2003. If that is the case, then approval of the Development Agreement must be tabled/denied and reconsidered on July 7, 2003. ]une 2, 2003 Page 6 of 8 Tom Lemmer spoke on his own behalf. Lemmer stated that he is requesting to construct a four foot loading dock and does not understand why the City has so many restrictions. If he has to move the loading dock to meet the sideyard setback requirements, he will do so. Loso made a motion to request the City Council authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Lemmer Trucking. The Development Agreement provides for the construction of a loading dock for Lemmer Trucking. Approval is contingent upon the following: 1. A revised site plan must be submitted showing compliance with all City Ordinances. 2. The loading dock will meet the sideyard setback requirements of twenty-five feet. 3. The parking lot will be striped. The motion was seconded by Graeve and passed unanimously by those present. Discussion: It was clarified that a Developers Agreement needs to be executed before construction can begin. Development Site Plan Approval -BTL Properties: Weyrens presented the Planning Commission with a site plan for BTL Properties. The proposed development includes the construction of a 16,000 square foot facility that will be used as an incubator business. New business can locate in the facility and as they expand they will eventually move into their own building. The building plan has been submitted by Dave Mehr and the facility will be located at 700 - 15`h Avenue North. Weyrens reported that the development plan has been reviewed and there are two outstanding issues, drainage and lighting. A drainage plan using arrows and contours has been submitted. However, before a building permit can be issued a detailed drainage plan must be submitted and reviewed by the City Engineer. Tom Bruce of Rice Building Systems, spoke on behalf of Dave Mehr. Bruce stated he is aware of the lighting requirement and will be providing a photometric plan for lighting that will include 250-watt light packs that will cover the parking lot area and sidewalk. Kalinowski questioned the concern of the EDA regarding the need for a paved area adjacent to the entrance to the loading dock. The paved area would eliminate or reduce the Class II gravel from washing into the city street and storm sewer. Bruce stated they would like to start the project by paving the stalls from the building north and then use Class II gravel for the entire lot in the back. Paving will be completed on the south and north parking lot and both areas will be striped. Bruce stated once the hydrology calculations are completed the placement of the curb and gutter will be determined. The property will be drained to the back and controlled in a pond that will meet the 100 year flood projections. The retention pond will consume approximately'/4 acre of the east side of the property and will be deep and large. With regard to ground cover, the unpaved areas will be seeded and maintained. The construction of the facility will include foundation footings. The building is apre-engineered building with frost footings around the entire perimeter. Mehr clarified that he is not constructing a pole barn and the proposed facility meets the requirements of the Ordinance. The Commission discussed the strength of the proposed pavement. The gravel area will consist of a minimum of 8-inches of base material and the parking area for the office will consist 1 '/~ to 2 inches of bituminous material. Deutz made a motion recommend the City Council authorize the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and BTL Properties. The Development Agreement authorizes the construction of a 16,000 square foot incubator facility. Approval is contingent upon the following: 1. Submittal of a detailed lighting plan. June 2, 2003 Page 7 of 8 2. The future growth area must be maintained with seed or sod. 3. Approval of the Engineer 4. The width of the apron must be a minimum of 20-feet. The motion was seconded by S. Kalinowski and passed unanimously by those present. Development Site Plan Approval -North Central Truck Accessories: Weyrens presented the Commission with a development plan for North Central Truck Accessories. The proposed development plan includes the construction of a 30,000 square foot facility and will be located in the St. Joseph Business Park. The EDA has reviewed the plan in relation to the covenants of the Business Park and have requested the Commission approve the plans as submitted. Weyrens also reported that during the review process, the City staff and consultants discussed at great length, the drainage requirements. Before completing a development review, the City has been requesting final drainage plans. However, the developers have requested that the final drainage plans be submitted after approval of the site plan. If the site plan is not accepted, then a considerable amount of money is spent on engineering that is not needed. The City Engineer would be satisfied if the preliminary site plan included a drainage plan consisting of arrows and contours. Dean Wick of Outsource Management, approached the Planning Commission on behalf of North Central Truck Accessories. Wick presented the following site plan detail: ^ Aprons for the loading dock will be paved the required 20 feet both on the west and south side of the building. ^ The plan has been drafted to separate truck and car traffic. ^ The future monument sign will not be located in the setback area. • Areas not paved or covered with Class II will be seeded and maintained. ^ The retention pond is sized according to City standards. ^ The HVAC unit will be screened. ^ The garbage refuse will be located on the northeast side of the building. ^ The lighting plan will consist of wall packs at the loading dock, southeast corner, above the office and two wall packs on the east side of the building above the overhead doors. Kalinowski made a motion recommend the City Council authorize the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and North Central Truck Accessories. The Development Agreement authorizes the construction of a 30,000 square foot facility. Approval is contingent upon approval of the City Engineer. The motion was seconded by Loso and passed unanimously by those present. Linda Schyma -Special Use Permit: Weyrens reported the Planning Commission conducted a public hearing on May 5, 2003 for the issuance of a Special Use Permit to allow a rental unit in a General Business Zoning District and a variance request to allow parking further than 350-feet from the property. The Planning Commission unanimously recommended the City Council deny the variance and special use request as the parking request was not a reasonable distance to the property. The proposed parking was located on the southern edge of the campus at least six blocks from the rental unit. The Planning Commission further agreed that if the parking can be resolved, a new hearing can be conducted and the fee would be waived. At the May 15, 2003 City Council meeting, Linda Schyma informed the Council that she has made arrangements with the St. Joseph Parish to provide the required parking for the rental unit. Since the Planning Commission did not have the opportunity to review the proposed parking area, the Council referred the matter back to the Planning Commission for reconsideration. Weyrens stated that she has received a letter from Father Miller of the St. Joseph Church whereby he stated that Schyma would be allowed to rent seven parking spaces. If the SUP is approved, the property owner will need to provide the City annually with proof of parking. If parking is no longer available the rental license becomes null and void. June 2, 2003 Page 8 of 8 Utsch stated it is his understanding the Parish Council must approve the parking lease before it can be effective. Therefore, before the rental license could be issued the City must have proof that parking will be available 24/7 for the rental license period. In additional, the parking spaces must be marked and designated. Deutz made a motion to recommend the City Council issue a Special Use Permit to Linda Schyma, 11 College Avenue North, allowing a rental unit in a General Business Zoning District. Approval is contingent upon the following: 1. The City must receive an executed contract from the St. Joseph Church detailing that seven parking spaces will be available 2417 and the parking spaces will be designated and marked. 2. The property must meet all the license requirements, including fire access. 3. The rental license will cease if the applicable building codes are not met or if parking is not available through the St. Joseph Church. The motion was seconded by Kalinowski and passed unanimously by those present. Adjourn: Deutz made a motion to adjourn at 9:00 PM; seconded by Lesnick and passed unanimously by those present. (~._. . , . ~, _-: ~~ Ju Weyrens Ad inistrator C:\Documents and Settings\Judy\My Documents\Planning Commisison Minutes\2003 Minutes103Jun02.doc