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HomeMy WebLinkAbout2004 [07] Jul 26July 26, 2004 Page 1 of 5 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in special session on Monday, July 26, 2004 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair (Council Liaison) Gary Utsch. Commissioners: Bob Loso, Marge Lesnick, Jim Graeve, Kurt Schneider, Sister Kathleen Kalinowski, Mike Deutz. Administrator Judy Weyrens. Others Present: James Fredricks, Tom Mathews, Jim Sand, Jerry Barrels, Rick Heid, Bob Herges, Linda Brown Public Hearing -College of St. Benedict: Chair Utsch called the public hearing to order and stated the purpose of the hearing is to consider the following actions: 1) Preliminary Plat of 4.625 which will be entitled College Addition; 2) Rezoning of College Addition from current Agricultural to R1, Single Family; 3) Special Use Permit to allow the construction of a Presidents Residence. The request has been submitted by the College of St. Benedict; 37 College Avenue North; St. Joseph, MN 56374. Jim Fredricks spoke on behalf of the College of St. Benedict. Frediricks stated the College is proposing to plat four (4) acres of property adjacent to CR 121 to allow for the construction of a presidential residence. Fredricks stated that the College has re-submitted their plans based on the denial of July 12, 2004. The revised plans still require a Special Use Permit, but the property is zoned Single Family, which is consistent with the Comprehensive Plan. In addition, the revised plan plats the area where the home will be constructed. Fredricks stated that neither the design or entrance of the plat have changed since the original submittal. No one from the Public wished to speak and the Public portion of the hearing was closed Weyrens stated that the City Engineer has reviewed the plat and during review it was noted that additional utility easements would be required. The College has since agreed to provide the needed easements which will be part of the final plat. With regard to access to the property, the County Engineer has provided temporary access to the property via CR 121. However, when Field Street is constructed, the temporary driveway must be moved to either access Field Street or moved to the north, creating a central access to CR 121. Weyrens further clarified that the College of St. Benedict has agreed to the terms outlined in the Development Agreement and has submitted the final grading plans. The final grading plans will be reviewed by the City Engineer and will be identified as a contingent item. Loso made a motion to recommend the Council approve the Preliminary and Final Plat entitled College Addition contingent upon approval of the Engineer and execution of the Development Agreement between the City of St. Joseph and the College of St. Benedict. The motion was seconded by Kalinowski and passed unanimously. Loso made a motion adopting the findings, recommending the Council rezone the four (4) acre parcel known as College Addition from the current Agricultural to R1, Single Family and to grant a Special Use Permit to allow an expanded residential facility. Approval is contingent upon the execution of the Development Agreement and limitation that the property cannot be used as rental property in the future. The motion was seconded by Deutz and passed unanimously. Public Hearing -Sand Companies: Chair Utsch called the public hearing to order and stated the purpose of the hearing is to consider the following variances to allow a mixed density development on the property known as Morningside Acres. St. Joseph Code of Ordinances 52.29 subd. 7 (c) requires the rear yard setback to be 40 feet from the property line in a R3 Zoning District. July 26, 2004 Page 2 of 5 St. Joseph Code of Ordinances 52.19 subd. 4 (b) states driveways must be setback 75 feet from wetlands. St. Joseph Code of Ordinances 54.16 subd. 3 (r) states that the one-foot freeboard contour above the high water level shall be at least one hundred feet from any building pad. St. Joseph Code of Ordinances 54.16 subd. 4 (e) states that every lot must have at least the minimum required frontage on a public dedicated street other than an alley. The request for variance has been submitted by Sand Companies, 366 South 10t" Avenue, Waite Park, MN 56387. Jim Sand appeared before the Planning Commission representing Sand Companies. Sand stated that during review of the preliminary plat it was noticed that variances would be required to satisfy setback requirements from holding ponds. The granting of the variances can be used to illustrate to the MN Housing Agency City support of the project. Weyrens stated that the City received a letter from Tom Homan of 295'h Street stating his opposition to the granting of the variances. The letter states that while he is supportive of the project, the City should enforce the governing Ordinances. No one from the Public wished to speak and the Public portion of the hearing was closed. Utsch requested clarification on the letter from the Stearns County Engineer. Weyrens stated that the Stearns County Engineer must review all plats before consideration by the governing jurisdiction. The City has recently received the comments from the City Engineer regarding Morningside Acres, and his comments indicate, "consideration should be given" to the construction of right and/or left turn lanes. Weyrens stated that she has reviewed the matter with the City Engineer who is requesting that a traffic study be completed to determine if the turn lanes are needed. Without completing that exercise, due consideration is not given. Sand expressed frustration with the comments of the County Engineer as they have tried on numerous occasions during the platting process to receive his comments. The comments come at a time when the plat should be finalized. Weyrens responded that the plat can continue to move forward provided that Sand Companies agrees to comply with the results of the traffic study. This agreement can be included in the Development Agreement. If Sand Companies does not wish to add this requirement to the Agreement; the Planning Commission should table action on the plat. Since the Planning Commission is meeting next week, the Commission agreed to table this matter, giving Sand Companies additional time to consider the requirements of the County Engineer. Deutz made a motion adopting the resolution recommending the Council approve the following variances with contingencies: 1. 10' variance on the rear yard setback (building only). St. Joseph Code of Ordinances 52.29 subd. 7 (c) 2. 56' variance on the distance of a driveway to the wetland. St. Joseph Code of Ordinances 52.19 subd. 4 (b) 3. 50' variance on the setback to a holding pond. St. Joseph Code of Ordinances 54.16 subd.3 r 4. Variance requiring all buildings to front a public street. St. Joseph Code of Ordinances 54.16 subd. 4 (e) Contingency 1: The variances are based on the development plan submitted. In the event that the plan is changed, the variances become null and void. Contingency 2: It shall be the responsibility of the developer to request an extension of the variance request if the project does not commence before August 5, 2005. July 26, 2004 Page 3 of 5 The motion was seconded by Kalinowski and passed unanimously. Lesnick made a motion to table the Preliminary Plat until the next meeting. The motion was seconded by Deutz and passed unanimously. Public Hearing -Pond View Ridoe 8: Chair Utsch called the Public Hearing to order and stated the purpose of the hearing is to consider the platting of Outlot B; Pond View Ridge 6. The property is being platted to allow the construction of two single-family dwelling units. The request for platting has been submitted by Pond View Ridge LLP; Bob Herges/Rick Heid; 25 - 11tH Avenue North, St. Cloud, MN 56303. Pond View Developer, Bob Herges, approached the Planning Commission on his own behalf. Herges stated that outlot B was intended to be developed at a later time, when access was available. The extension of services to two residents abutting 16tH Avenue provided the needed access. Herges stated that he was contacted by the City to share in the utility extension and he agreed to do so. While the outlot could have been split through the administrative process, Herges preferred to plat the property. No one from the Public wished to speak and the Public portion of the hearing was closed. Weyrens reported that the City is completing the construction project and the Engineer has recommended approval of the plat, contingent upon the securing of easements and execution of the Development Agreement. Upon being questioned, Weyrens stated that the two lots created through the platting of Outlot B meet all the Ordinance requirements of the Single Family zoning district. Deutz made a motion to adopt the resolution recommending Council approval of the preliminary and final plat of Pond View Ridge 8. Approval is contingent upon acceptance by the City Engineer and execution of the Development Agreement. The motion was seconded by Lesnick and passed unanimously. Public Hearing -Foxmore Hollow: Chair Utsch called the Public Hearing to order and stated the purpose of the hearing is to consider a variance from the required setback from a holding pond and a variance waiving the requirement that a holding pond must be located on a separate outlot and to consider a Special Use Permit to allow for the construction of a 16-unit apartment complex. The property being considered for variance and Special Use is legally described as Lot 19, Foxmore Hollow. St. Joseph Code of Ordinances 54.16 subd. 3 (r) states the one-foot freeboard contour above the high water level shall be at least one hundred feet from any building pad. St. Joseph Code of Ordinances 54.16 subd. 5 (e) states that the area containing the pond or basin shall be platted as an outlot and dedicated to the public for drainage purposes. St. Joseph Code of Ordinances 52.29 subd. 2 (a) requires a Special Use Permit for multiple dwellings over 12 units. The request for Variance and Special Use Permit has been submitted by Foxmore Hollow LLP; Bob Herges/Rick Heid, 25 - 11tH Avenue North, St. Cloud, MN 56303. Linda Brown, spoke on behalf of the developers. Brown stated the Developer has submitted all the required information and has received a letter from the County Engineer approving the plat. Similar to Sand Companies, during plat review it was noted that two setback variances are required in relation to the distance of development to the holding pond area. The City Engineer has reviewed the variances and has recommended approval. July 26, 2004 Page 4 of 5 Jerry Barlows, Northern Natural Gas, expressed concern that the high-pressure gas line is not indicated on the plat. Barlow stated it is his understanding the gas line extends across the north west corner of the plat. Weyrens responded that the plat has been forwarded to Northern Natural Gas for review. Brown stated that it is her understanding that the gas line does not cross the development, rather it follows the boundary line. Weyrens stated that the City received a letter from Tom Homan of 295"' Street stating his opposition to the granting of the variances and special use permit that will allow the construction of an R-3 Facility containing 16 units. The letter further states he opposes the construction of the apartment complex and encourages the City to deny the variances, enforcing the governing Ordinances. No one from the Public wished to speak and the Public portion of the hearing was closed. Deutz expressed concern with the location of the gas line and questioned how the plat could be designed without locating the high pressure line. Brown stated she will research the matter before the final plat is presented to the City Council. Utsch stated that the Park Board has requested a sidewalk or trail connection from Foxmore Hollow to CR 121. Utsch questioned if the sidewalk is included in the proposed plat. Brown responded that the trail will be located north of the apartment complex and is sited on the plat. Graeve questioned if the City allows a holding pond to be located on private property. Weyrens stated that this is done for commercial and industrial lots and in a situation where the outlot is attached to a single owner/development, such as the apartment complex it is permissible through the variance process. The City would not allow a holding pond for a single family housing development to remain private. The developer will be required to maintain the holding pond to the City standards with this requirement attached to the annual rental license. In the case of Foxmore Hollow, they did not necessarily want to retain ownership of the holding pond, but the area was needed to meet the density requirements. In reviewing the site plan, the following items were discussed: • Landscaping -The plan indicates that a variety of large diameter trees will be planted. This requirement must be fulfilled before a Certificate of Occupancy can be issued. • Signage -The apartment complex will include one sign that will meet the Ordinance requirements. • Refuse -The refuse receptacle will be fully enclosed. • Lighting -The lighting plan has not been completed but it will be submitted to the Building Official for review. • Parking -According to the parking calculation for this property, they are required to have 55 parking spaces, which are indicated on the site plan. • Exterior Requirements -The exterior of the building will consist of a neutral colored siding and brick with colored shutters. • Tot Lot -This is not a requirement for the development, but the Planning Commission members made a friendly suggestion for the developer to look into a tot lot for the area. Loso made a motion accepting the resolution recommending the Council approve the following variances and Special Use request of Foxmore Hollow LLP for a mixed density development with contingencies. The motion was seconded by Lesnick and passed unanimously. 1. 50' variance on the setback to a holding pond. St. Joseph Code of Ordinances 54.16 subd. 3 Ir) 2. Allow the holding pond to remain in private ownership. St. Joseph Code of Ordinances 54.16 subd. 5 (e) July 26, 2004 Page 5 of 6 3. Special Use Permit to allow the construction of a 16 unit apartment facility. St. Joseuh Code of Ordinances 52.29 subd. 2 la) Contingencies 1. The developer shall maintain the holding pond using the standards of the City. The maintenance of the holding pond shall be linked to rental license and failure to maintain the holding pond will result in a suspension of the rental license. 2. The exterior of the building will be neutral colors and the building will be adorned with shutters. Weyrens stated that the Planning Commission has previously approved the preliminary plat and the last action required is the approval of the final plat. Kalinowski made a motion adopting the resolution recommending the Council approve the final plat entitled Foxmore Hollow. Approval is contingent upon approval of the City Engineer and execution of the Development Agreement. The motion was seconded by Deutz and passed unanimously. Adjourn: Lesnick made a motion to adjourn at 8:00; seconded by Loso and passed unanimously. Ju We ens Ad 'nistrator