Loading...
HomeMy WebLinkAbout2005 [04] Apr 04April 4, 2005 Page 1 of 4 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, April 4, 2005 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners: S. Kathleen Kalinowski, Marge Lesnick, Jim Graeve, Bob Loso, Mike Deutz, AI Rassier. City Administrator Judy Weyrens. City Representatives Present: Building Official Ron Wasmund Others Present: Stephanie Wolf, Rick Packer, Linda Peck, Jim Fredricks, Ken Hiemenz, Eve Walling, Bob & Ellen Wahlstrom, S. Paula Revere, S. Kara Hennes, Approve Agenda: Lesnick made a motion to approve the agenda; seconded by Kalinowski and passed unanimously. Minutes: Kalinowski made a motion to approve the minutes of February 7, 2005; seconded by Rassier. Ayes: Kalinowski, Loso, Lesnick, Graeve, Rassier, Utsch Nays: None Abstain: Deutz Motion Carried 6:0:1 Deutz made a motion to approve the minutes of February 15, 2005; seconded by Kalinowski and passed unanimously. Deutz made a motion to approve the minutes of March 7, 2005; seconded by Loso. Ayes: Kalinowski, Loso, Lesnick, Graeve, Deutz, Utsch Nays: None Abstain: Rassier Motion Carried 6:0:1 Public Hearing -Zoning Ordinance Amendments: Utsch opened the public hearing and stated the purpose of the public hearing is to consider amendment to the Business Sign Ordinance and Commercial/Industrial Ordinance regarding approval of development plans and to consider adoption of a R4 Townhouse/Patio Home Ordinance. Utsch stated that the Planning Commission has previously reviewed the proposed amendments and agreed to move them forward to the public hearing stage. Amendment to Business Sign Ordinance: The proposed amendment limits the base of the sign to the size of the face of the sign, limits the height to fifteen feet and requires landscaping around the base. Utsch opened the floor for comments to which no one requested to speak. Deutz made a motion recommend the Council authorize the Mayor and Administrator to execute the amendment to the Business Sign Ordinance. The following Ordinances will be affected: 52.11 subd. 5; 52.30 subd. 9 (a); 52.31 subd. 10 (b); 52.32 subd. 11 (b); 52.33 subd. 11 (c). The motion was seconded by Graeve and passed unanimously. Adoption of a the R4 Zoning District: The proposed Ordinance creates a Zoning District for Townhomes or Patio Homes utilizing smaller lots. Utsch opened the floor for comments. Rick Packer, ARCON Developer addressed the Planning Commission. Packer stated that he has reviewed the proposed Ordinance and has a few comments. They are as follows: - Subd. 1A: Packer questioned the definition of a patio home, limiting the home to one level. Response: Patio homes and Townhomes are typically slab on grade homes with one level. Allowing two story homes could provide developers the opportunity to manipulate the Zoning District to construct traditional style homes on smaller lots. - Subd. 1 B: Questioned whether a row house is the same as a twin home. Response: It could be, but Rowhouses can be more than two. The Commission agreed to add a definition to the Ordinance, defining Twin Home. - Subd. 5H: The Ordinance states that the buildable area does not include slopes greater April 4, 2005 Page 2 of 4 than 12%. Packer questioned if this requirement is necessary or feasible as homes can be built on a hill. Response: This is a standard requirement and since the R4 Zoning District must be part of a PUD, the developer could request relief from this provision. - Subd. 7F: The requirement that 25% of the facade must be brick does not make sense. In the market there are other facades that provide for aesthetics and the Ordinance should not limit creativity as long as the same goal is being achieved. Response: Again this is consistent with other jurisdictions and a developer could discuss alternatives at the concept stage for the PUD. - Subd. 13B: Packer questioned why the wetland setback is 75' for driveways and 50' for garages. Packer stated it is his opinion that depending on the drainage plan, a 30' setback would be adequate. Response: The wetland setback is consistent throughout all Zoning Districts, enforced without problem. A developer always has the option to apply for a variance if the setback cannot be met. - Subd. 15: Packer questioned the Development Plan requirement and the necessity for all the items listed. Some, such as NPDES Permit and screening of HVAC equipment do not seem appropriate. Response: The Planning Commission concurred with Packer and Subdivision 15 will be modified. Rassier made a motion recommending the Council adopt Ordinance 52.30 establishing a Townhome/Patio Home Ordinance. The Ordinance will be amended to include the definition for Twin Homes and to modify the Development Plan requirements. The motion was seconded by Lesnick and passed unanimously. Amendment to the Zoning Ordinance Regarding Development Plan Approval: Utsch stated that the proposed amendment removes Planning Commission approval for building permits for additions in B-1, B-2, B-3 and L-1. The amendment affects the following Ordinances: 52.30 Subd. 10; 52.31 Subd. 9; 52.32 Subd. 10; 52.33 Subd. 10. Utsch opened the floor for comments to which no one requested to speak. Kalinowski made a motion recommend the Council authorize the Mayor and Administrator to execute the amendment to the Ordinances requiring Development Plan approval. The following Ordinances will be affected: 52.30 Subd. 10; 52.31 Subd. 9; 52.32 Subd. 10; 52.33 Subd. 10. The motion was seconded by Deutz and passed unanimously. Utsch stated that he would be stepping down from his chair during the discussion for Lee's Ace Hardware Development Plan Approval. Public Hearing -Lee's Ace Hardware: Kalinowski called the hearing to order and stated that the purpose of the hearing is to consider three variances relating to parking lot standards. The variances are being requested to allow an addition to Lee's Ace Hardware. The property is legally described as Lot 3; Block 1 Miller East Cedar and is located at 207 Cedar Street East. St. Joseph Code of Ordinances 52.10, subd 5 (b) : states that parking lots existing on or before January 1, 1996 do not have to be brought into compliance with (Ordinance Standards) until such time as any of the following events occur: b) an addition is constructed to any existing structure located on the property served by the parking lot. St. Joseph Code of Ordinances 52.10, subd 5 (i) : states that except in the case of single family, two family and townhouse developments, parking areas shall be designed so that the circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such does not require backing onto the public street. April 4, 2005 Page 3 of 4 St. Joseph Code of Ordinances 52.10, subd 5 ln) : states lots shall be so designed that internal circulation shall be available without utilizing the public street. Weyrens stated that the Building Official has been working with the property owner to modify the development plan to conform to the City Ordinances. Since the hearing notice was published, the developer has submitted a revised site plan that conforms to the Parking Standards; therefore variances are no longer required. Craig Wolf owner of Lee's Ace Hardware spoke on his own behalf. Wolf stated that it wasn't until after the hearing notice had been published that it was noticed that the measurements on the site plan were incorrect. After the correct dimensions were used, the parking requirements could be fulfilled. Wolf apologized to the Planning Commission for the error and misunderstanding the plan caused. Building Official Ron Wasmund stated that the development plan includes a 30' x 60' addition for the storage of lawn equipment. The exterior of the building will also be modified meeting the exterior requirements. Wasmond stated that the proposed plan before the Commission meets the requirements of the Zoning Ordinance and he would recommend the Commission approve the plan. Graeve made a motion to accepting the Development Plan for Lee's Ace Hardware and authorizing the issuance of a building permit for the same. The motion was seconded by Deutz and passed unanimously. Development Plan Review -College of St. Benedict: Jim Fredricks approached the Commission on behalf of the College of St. Benedict. Fredricks stated the College is requesting authorization to secure a building permit to construct a 17,000 square foot addition to the Benedicta Arts Center (BAC). The BAC was originally built in 1960 and constructed as a "state of the art" facility. Overt time technology has changed and the student population has increased. The new addition would provide extra rehearsal space for those studying theatre, music and dance. Fredricks stated that since the addition is for academic purposes, additional parking is not being provided. In response to the Engineer's comments, all the utilities will be provided through campus services. Graeve made a motion recommending the Council authorize the Mayor and Administrator to execute a Development Agreement between the College of St. Benedict and the City of St. Joseph for the construction of a 17,000 square foot addition to the Benedicta Arts Center. The motion was seconded by Deutz and passed unanimously. Environmentally Sensitive Ordinance: Weyrens stated that she was approached by Commissioner Graeve to place on the agenda discussion of an Environmentally Sensitive Ordinance. The Ordinance included in the meeting packet is the Ordinance adopted by the City of St. Cloud. Since this matter has not been discussed previously, City staff has not reviewed or commented on the proposed Ordinance. If through discussion at this meeting the Commission requests to pursue such an Ordinance it will be referred to City staff for consideration. Graeve stated that he requested this matter be discussed so that when the City develops an area with environmental issues, a process is in place. He began thinking of this type of Ordinance as a result of the cutting of trees along Highway 15 in Sartell. Graeve stated that St. Cloud already has an Environmentally Sensitive Ordinance in place and he feels that it would be a useful tool for the cities surrounding St. Cloud. He further stated that the Initiative Foundation has shown interest in giving a grant to help with this type of Ordinance. Graeve stated that he is just asking the Commissioners to begin thinking about this and that he would like to have St. Cloud come to a meeting at a later date to discuss their findings. He also suggested that a committee be formed of the area Planning Commissions and City Councils using a regional approach to preservation. Utsch questioned whether our current Ordinance provides protection already. Such Ordinances include Tree Preservation and Shoreland. Graeve stated it is his opinion that the current Ordinance does not provide the same protection as an Environmentally Sensitive Ordinance. April 4, 2005 Page 4 of 4 Graeve stated that there are people present who would like the opportunity to speak and requested that the Planning Commission open the floor for comments. Utsch stated that the matter before them is not a public hearing, however, he will allow for input. Ken Hiemenz approached the Commissioners and stated that he is concerned about the animal density in the City and encouraged researching the benefits of an Environmentally Sensitive Ordinance. Rick Packer stated the he has worked with St. Cloud and he stated that there are ways for developers to save trees when developing a piece of property. Creating an Ordinance mandating preservation is not always the answer. He stated that in his development in St. Joseph he will spend $400,000 to try and save trees. He suggested that if a committee is formed, they should consider allowing builders to be involved as well. Linda Peck, Rockville Planning Commission, approached the Commissioners. She stated that Rockville is interested in a regional plan for this issue. She further stated that they have two goals: not to take takings from the landowner, but to maintain a quality of life for the citizens and the community. Peck stated that woodlands are systems, not just trees. She encouraged a regional approach to Environmental Preservation. A representative from St. Cloud approached the Planning Commission. She stated that she helped write the Ordinance adopted by St. Cloud. The Ordinance adoption spanned over a 7 year period, of which four were used to write the Ordinance. Since the adoption of the ordinance in 1998 she is unaware of any hardship it caused to a property owner or developer. Adjourn: Deutz made a motion to adjourn at 7:50 PM; seconded by Lesnick and passed unanimously. Jud Weyrens inistrator