HomeMy WebLinkAbout2003 [08] Aug 04August 4, 2003
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Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, August 4, 2003 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair (Council Liaison) Gary Utsch. Commissioners S. Kathleen Kalinowski, Marge
Lesnick, Kurt Schneider, Mike Deutz, Jim Graeve. Administrator Judy Weyrens. Absent: Bob Loso.
Others Present: Victor Aho.
Approve Agenda: Kalinowski made a motion to approve agenda; seconded by Deutz and passed
unanimously by those present.
Approve Minutes: Lesnick made a motion to approve the July 7, 2003 minutes with the correction
of a typographical error. The motion was seconded by Deutz and passed unanimously by those
present.
Victor Aho, Concept Plan, MorninQSide Acres: Weyrens reported that Developer Victor Aho has changed
the concept design for Morningside Acres and is proposing to develop the property with single family
homes. In reviewing the new concept plan, the proposal does not meet the guidelines for development
as PUD, as the development does not contain a mix of housing nor is the development preserving a
natural feature. Therefore, all the lots in the proposed development must meet the R1 Single Family
requirements including lot size, frontage and depth. Weyrens stated in reviewing the proposed plat the
majority of the lots do not meet the minimum requirements.
The proposed plat has been reviewed by the City Engineer, Joe Bettendorf and he stated that before the
concept plan is adopted the following detail needs to be provided:
• Location for access to the holding ponds
^ Location for trails must be indicated
^ The Developer should review the new Subdivision Ordinance to assure that required setbacks for
holding ponds can be accomplished.
Victor Aho spoke on his own behalf. Aho stated that he has changed his concept plan to a more
simplistic plan with the anticipation of beginning development in October. At this time he needs to know
if the City will allow any small lots within the development and stated the average lot size of the concept
plan meets the requirements of the Ordinance.
Kalinowski questioned Aho if his intention is to develop the property as a PUD. Aho stated that he is
trying to keep development costs to a minimum and the best way to accomplish that goal is to develop
small lots.
Utsch stated that based on the concept plan submitted, development as a PUD is not applicable and all
the R1 setback requirements must be applied. Therefore, the development must include the following
restrictions:
^ Front Yard minimum width: 75 feet
^ Minimum lot size: 11,000 square feet
In addition the development must include a trail system that is approved by the St. Joseph Park Board,
holding ponds must meet the requirements of the City Engineer and the developer will be required to
meet the Park Dedication requirements.
Aho questioned if the Planning Commission would consider a reduced front width. Utsch responded that
the City has allowed smaller frontages only when the developer participated in the Area Cities Affordable
Housing Initiative and reduced frontages were only allowed for 15% of the total lots. The Planning
Commission encouraged Aho to resubmit his concept plan at a future meeting.
Ordinance Amendments: During discussion the Planning Commission agreed to recommend the Council
consider amending the following Zoning Ordinances:
August 4, 2003
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R-1 Single Family Residence District, Subd. 7 Setback Requirements (b): The Ordinance
currently states: Side yard setbacks shall be ten (10) feet from the main structure and five
(5) feet from garage or accessory building. Where the side yard abuts a public right of
way, the side yard setback shall be twenty (20) feet from the main structure and any
garage or accessory structure.
The Planning Commission is proposing to the following amendment: Replace the five (5)
foot setback from garage or accessory building to ten (10) feet.
R-3 Multiple Family Residence District, Subd. 11 Development Plan Requirements (c):
The Ordinance currently states: No building permit shall be issued until the Planning
Commission reviews the development plan to determine that the use and development is
compatible with adjacent land uses, and consistent with the stated intent of this zone.
Upon the request of the Planning Commission the City Council will make the final
determination on site plan approval. The developer shall provide the following items to
the Planning Commission for any development located in the R3 Multiple Family
Residence District:
C.) Building exterior materials and color.
The Planning Commission is proposing the following amendment: Replacing item (c)
Building exterior materials and color to: All exterior wall finishes on any building shall be 2
or more combinations of the following materials: face brick, natural stone, wood, textured
precast concrete panels, textured concrete block, stucco, and prefinished decorative
panels made of metal, vinyl, or wood.
Temporary Sign Ordinance 8-1, B-2, 8-3, and LI Zoning Districts: The Ordinance
currently states: Real estate signs, including signs advertising the sale or rental of
premises, are permitted provided the area on one side of any such signs shall not exceed
six (6) square feet.
The Planning Commission is proposing Ordinance amended the Temporary Sign
Ordinance to allow allow temporary leasing signs in Business /Industrial Zoning Districts
to be placed without securing a permit and adhering to the time limit restrictions of the
Ordinance. The amendment will allow the property owner to construct a temporary sign
the same size as the future business sign and the leasing sign must be removed when
the permanent sign is constructed.
Weyrens stated that she will refer this amendment to the City Attorney for drafting and
include language that requires leasing signs to be maintained.
General Pen`ormance Standards, Subd. 4 Building and Lot Restrictions (1): The
Ordinance currently states: The intent of this section of the zoning ordinance is to
establish general development performance standards. The regulations provided herein
shall apply equally to all districts except where special provisions provide otherwise.
Subd. 4 (I) Residential lots shall have no more than a single curb cut providing
access to the lot. The curb cut shall not be more than 24-feet in width.
The Planning Commission discussed amending the Ordinance to allow a curb cut not in
excess of 30 feet. Schneider expressed opposition to the proposed amendment. He
stated that curbs help define the road and provide for street drainage. By increasing the
width of curb cuts the City may lose integrity with the storm sewer system and cause
traffic concerns. Schneider reiterated that curb are there for a specific reason, to channel
or direct water, keeping people off of lawns, and it is direct traffic.
August 4, 2003
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After considerable discussion the Planning Commission agreed to leave the Ordinance
as it currently written.
Storage ofAmmunition in a Firing Range: Weyrens stated the City has eliminated
fireworks within 350-feet in a residential area and recommends the Planning Commission
to consider using the same criteria as they do for fireworks with the storing of ammunition
in a firing range due to the explosiveness.
Subsequent applications for Amendment, Special Use Permit, Variance, and Interim Use
Permit: Weyrens recommends amending the Ordinance to include a clause to limit the
timeframe as to when a property owner can re-submit a development plan that has
previously been denied by the Planning Commission and City Council. After discussion,
the Planning Commission agreed to recommend amending the Ordinance to require
property owners to wait six months before re-submitting a development plan that has
previously been denied by the City Council unless a decision to reconsider such matter is
made by not less than 4/5 vote of the full City Council.
Woodland Preservation Ordinance: Weyrens reported that the Woodland Preservation
Ordinance has been added to the St. Joseph Code of Ordinance which requires tree
replacement during development. Weyrens will verify with the City Attorney the process
that will be followed during tree replacement.
Deutz questioned if PURD is preserving a natural area such as trees, should the City be
looking at saving trees per lot or acre, if trees are taken down that they need to be
replaced. Weyrens stated the Woodland Ordinance should specify how the tree
replacement will be applied. During the Engineering of a proposed Development, the
wooded areas should be reviewed and protected and if they cannot the plans would need
to be resubmitted to the Planning Commission to preserve wooded areas.
Deutz made a motion to recommend the City Council authorize the conducting of a public hearing
to consider the following proposed Ordinance Amendments:
• R-1 Single Family Residence District, Subd. 7 Setback Requirements (b): to replace five (5)
feet from garage or accessory building to ten (10) feet.
• R-3 Multiple Family Residence District, Subd. 11 Development Plan Requirements (c): to
replace c) Building exterior materials and color to: All exterior wall finishes on any
building shall be 2 or more combinations of the following materials: face brick, natural
stone, wood, textured precast concrete panels, textured concrete block, stucco, and
prefinished decorative panels made of metal, vinyl, or wood.
• Temporary Signs to include language to allow leasing signs to be excluded from the
regulations of the Temporary Sign Ordinance. The Amendment will allow a Temporary
Leasing Sign in Business and Industrial Zoning District until a time the building is leased.
In addition, the size of the sign cannot exceed the permanent sign that will be constructed.
• Storage of Ammunition in a Firing Range: Include Firing Arms as a Special use permit use
in Industrial Zoning Districts only and to allow the storage of ammunition at the same
facility.
• Subsequent applications for Amendment, Special Use Permit, Variance, and Interim Use
Permit: Restrict re-submission of a development application to require a six month
waiting period before the same development can be re-submitted; unless a decision to
reconsider such matter is made by not less than 4/5 vote of the full City Council.
The motion was seconded by S. Kalinowski and passed unanimously by those present.
Temporary Sign -Auto by Owner: Kalinowski questioned the status of the Temporary Sign located at
Auto By Owner. Weyrens stated she will review the Temporary Permit file and contact the property
owners.
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Demolition of aaraae on 4th Avenue: Utsch requested the Building Inspector check on the status of the
garage that built on a property along 4th Avenue SE and when the old garage will be demolished.
Hiring -Building Inspector: Deutz questioned if there is a job description for the Building Inspector and if
input will be allowed when the City hires a staff Inspector. Weyrens stated the Council does have a job
description but it will be expanded to cover all aspects of land use including drainage and nuisance
issues. The City Council will be considering placing the service for bids in October of 2003.
Adjourn: Lesnick made a motion to adjourn at 8:05 PM; seconded by Deutz and passed
unanimously by those present.
Judy Weyrens
Administrator
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