Loading...
HomeMy WebLinkAbout2007 [08] Aug 06August 6, 2007 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, August 6, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Bob Loso, Sr. Kathleen Kalinowski, Mark Anderson, Jim Graeve, Ross Rieke, Dale Wick, Mike Deutz. City Administrator Judy Weyrens. Others Present: Sam DeLeo, Greg Kacures, Mike Westerhoeff, Mike McDonald, John Pederson, Tom Herzog, S. Kara Hennes, Jim Degiovanni, Margaret Molus Asenda: Deutz made a motion to approve the agenda with the following deletion: Deleted 3 Minutes The motion was seconded by Kalinowski and passed unanimously Public Hearine -Annual Review of Interim Use Permits: Weyrens stated that the purpose of the hearing was to review the interim use permits for 2007-2008. Annually the Planning Commission reviews all owner occupied Interim Use Permits verifying that the property is following zoning regulations. Chair Loso opened the public and as no one present requested to speak, the Public Hearing was closed. Kalinowski questioned why the Conway inspection record illustrates the maximum density of three tenants and five were reported. Weyrens stated that originally Conway had four tents and the Planning Commission required that the number be reduced to two, for a total density of three. Conway was given three months to reduce the occupancy. There was a similar situation with Lieser as it was reduced from four to three. Loso questioned whether or not all of the properties are in compliance the current Ordinances to which Weyrens stated they are. Based on the amendments to the other zoning district ordinances, Deutz questioned whether or not rentals in the Business Districts will include an annual review as well. Weyrens advised Deutz that the rental licenses in Business Zoning districts will include a sunset provision, whereby the license will actually expire. The sunset will coordinate with the transition of the neighboring properties. That is, as the property surrounding rental units converts to business use the rental license will cease so that it can be converted to the appropriate use. She added that it would make sense for those rentals to be reviewed at license renewal time. Graeve made a motion to accept the continuation of the following Interim Use Permits. Mike Bader 101- 5`h Avenue NW Jim Odegard 736 College Avenue S Brian Shields 321 Cypress Drive Linda Hutchinson133 - 5`h Avenue SE Patrick Conway 35 - 2"d Avenue SE Timothy Ortman 308 -10`h Avenue SE Ryan Lieser 403 - is` Avenue NE The motion was seconded by Deutz and passed unanimously. Public Hearine -Interim Use Permit: Weyrens stated that the purpose of the hearing was to consider an Interim Use Permit to allow a non owner occupied rental at 409 College Avenue North, legally described as Lots 4 & 5, Block 1, Loso's 3~d Addition. Weyrens stated that previously the Council amended the B2 Ordinance to allow non owner occupied rental units in a 62 Zoning District through the issuance of an Interim Use Permit. Approval for an Interim Use Permit would include a provision whereby the land use in the adjoining area is reviewed and when the majority of the area has August 6, 2007 Page 2 of 5 been converted to Business Use, the Interim Use permit sunsets and the property must be converted to a business use. With no one present wishing to speak, the public hearing was closed. Deutz made a motion to authorize the Planning Commission Chair and Administrator to execute the Resolution recommending the Council issue an Interim Use Permit to Dale Schneider to operate a rental unit at 409 College Avenue N. The motion was seconded by Kalinowski. Discussion: Deutz clarified that this is the 2"d house from the flower shop. He also questioned whether or not a rental housing inspection was to be done. Weyrens stated that an inspection would be done prior to this being presented to the City Council. Wick questioned when this area would be required to be used for business use rather than rental if all of the homes become rental property. Weyrens stated that the Planning Commission will review the rental license annually, and if the majority of the neighborhood is converted the Planning Commission could end the Interim Use Permit. The Ordinance clarifies that it is the sole discretion of the City to void Interim Uses for rental property in the business zoning districts. Rieke stated that it makes sense for this area to be rental until it is developed as business; however, he questioned how the City can help to convert this area to business use. He too agrees with Wick that there might not be incentive to convert an area if the majority of the property is rental. Loso stated that allowing-these properties to be used as rentals is a good way to make these properties useable during the transition time. Deutz stated that as the Interim Use Permit before the Commission is the first request for and Interim Use Permit in a Business District since the Ordinance has been amended. Deutz encouraged the Commission to establish objective guidelines for renewal and not limit the permit to a specific number of years. Rather the Planning Commission can annually review the Interim Uses similar to the R1 Interim Use Permits and decide if the rental should continue in the business district. The motion passed unanimously. Public Hearins - Parkway Business Center: Chair Loso called the hearing to order and stated the purpose of the hearing is to consider the Preliminary Plat and PUD Application and an amendment to the St. Joseph Comprehensive Plan for a plat entitled Parkway Business Center. Preliminary Plat/PUD_ The proposed plat consists of a mix of Industrial and Commercial, providing commercial zoning along CR 133 and the proposed north corridor and industrial along the existing Industrial Park. Comprehensive Plan Amendment_ The future land use map for the affected area guides the area for Industrial Development. The Comprehensive Plan Amendment will allow for a mix of Industrial and Commercial. The property is legally described as: That part of the Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4) and that part of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 2, Township 124, Range 29 and that part of the Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 11, Township 124, Range 29, all in Stearns County, described as follows: Beginning at the north quarter corner of said Section 11; thence northerly along the west line of said SWl/4 SE1/4 on an assumed bearing of North 00 degrees 10 minutes 18 seconds West for 1045.55 feet to the point of intersection with the southeasterly right-of-way boundary of STEARNS COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 13 as is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota; thence northeasterly along last described right-of-way boundary a distance of 400.77 feet along a curve not tangent to the last described line, said curve is concave to the northwest, has a radius of 3330.83 feet, a central angle of 6 August 6, 2007 Page 3 of 5 degrees 53 minutes 38 seconds, chord length of 400.53 feet, and the chord of said curve bears North 45 degrees 32 minutes 37 seconds East; thence North 42 degrees 05 minutes 48 seconds East, tangent to last described curve, for 21.57 feet to the point of intersection with the north line of said SW1/4 SE1/4; thence North 88 degrees 15 minutes 17 seconds East, along the said north line of the SWl/4 SE1/4 for 237.28 feet; thence South 55 degrees 50 minutes 00 seconds East for 1119.57 feet; thence South 34 degrees 10 minutes 00 seconds West for 1050.46 feet; thence southerly 951.67 along a tangential curve, concave to the east, radius 1560.00 feet, central angle 34 degrees 57 minutes 11 seconds; thence South 00 degrees 47 minutes 11 seconds East, tangent to last described curve, for 241.53 feet to the point of intersection with the south line of said NW1/4 NE1/4; thence South 88 degrees 17 minutes 44 seconds West, along said south line of the NW1/4 NE1/4, for 586.56 feet to the southwest corner of said NW1/4 NE1/4; thence North 00 degrees 49 minutes 56 seconds West, along the west line of said NW1/4 NE1/4, for 1305.22 feet to the point of beginning. Together with Lot 1, Block 2, RENNIE ADDITION, as is on file and of record in the office of the County Recorder in and for Stearns County, Minnesota. Containing 54.84 acres. The Preliminary Plat/PUD and Comprehensive Plan Amendment has been submitted by Central MN Land Development, St. Jons, LLC; 6335 Urbandale Lane North; Maple Grove MN 55311. Weyrens stated that the plat has been submitted to Stearns County Environmental Services and to the Stearns County Engineer. Stearns County Environmental Services provided an opinion stating there are no wetland issues and the Stearns County Engineer has indicated approval of the plat as well. The approval of the Stearns County Engineer includes a provision for a temporary access to CR 133. Once the North east/west corridor is constructed access to CR 133 must be removed. Weyrens stated that the Planning Commission is also in receipt of the comments of the City Engineer and the developer will work with the Engineer to complete the items before the final plat is presented to the Council. The comments of the City Engineer will not have an impact on the lot configuration or design of the plat. Sam DeLeo approached the Commissioners on behalf of the developer. He stated that the developer is requesting a PUD to allow for mixed development including Industrial and commercial. Weyrens stated that the Comprehensive Plan Amendment will allow the developer to maximize land values and develop the property abutting the future North east/west corridor as commercial. In looking at the current and future land uses of the City, most areas abutting major roads include one layer of commercial development. The developer at this time is asking for the same rights along this plat. The Comprehensive Plan for this area does not include one future land uses along CR 131. John Pederson, Amcon Block, approached the Commissioners in opposition to the proposed Parkway Business Center. He stated that his main concern is that the future collector road is shown on the map. If that future collector is constructed, Amcon Block would lose approximately 15% of their land. Pederson stated his objection is the roadway, not the Industrial Park. He further stated that he has been meeting with City representatives to discuss alternatives for the proposed roadway. Amcon Block opposes any roadway that would impact their operation. Pederson stated that if the plat is approved with the proposed roadway, the marketing material will include such and there is not an agreement with the property owner on the location of the road. DeLeo stated that he understands their concerns. The future roadway was included on their plans as it is part of the City's future transportation plan. They have submitted only a Preliminary Plat at this time and changes can be made. DeLeo added that he does not want other businesses to suffer from this development. If the proposed roadway that extends through Amcon is removed from the City's Transportation, the Parkway Business Center can August 6, 2007 Page 4 of 5 still developer. DeLeo stated that the internal roadway will be reconstructed to connect to the roads approved by the City. With no one else present to speak, the public hearing was closed. Graeve questioned whether or not the project could be downsized to avoid problems for Amcon or Borgert. Pederson stated that nothing can be done unless they owned more land. Anderson questioned whether or not the project is contingent upon the future roadway. Weyrens advised the commissioners that it is not; rather they are simply working with the City's Transportation Plan. Loso then questioned whether the Transportation Plan has been approved by the Council, to which Weyrens stated that it has been accepted to be used for future developments. According to Deutz, this project would be a good fit for the City. He stated that the temporary road which is platted as a right-of-way, Parkway Business Center should be considered a permanent access. DeLeo stated that there is plenty of room for an additional access if the North/South Corridor does not go through. DeLeo stated that the preliminary plat is being developed as a PUD to allow a change in the ROW width for the road which extends from 19`h Avenue SE. The current Ordinance requires a 90' ROW and this is typically platted on the plat. However, he is requesting to plat 70' of ROW and grant by easement 10' additional property on each side of the platted ROW. This would allow for utilities to placed along the side and for additional green space. Deutz stated that when plats are approved, the accesses should be preserved and the ROW should be consistent. Kalinowski questioned if the property owner completed an Environmental Review process. Weyrens stated that the developer completed the Environmental Assessment and the Council will be declaring no impact at the next Council meeting. Anderson questioned if the development of the entire parcel and if there will be a residential component. DeLeo stated that the entire parcel contains over 280 acres and it is anticipated that residential will be located on the northern section of the plat. Deutz made a motion to recommend the Council approve the Preliminary Plat entitled Parkway Business Center contingent upon the following: • The access on Alliance should be a permanent access with County. • There should be potential access to the North east/west corridor in the event that the proposed collector does not go through. • Engineer to review right of way concerns. • Outlot A should be anon-buildable, separate lot. • Outlots B & C shall have a 20' right of way between the lots. • All lots should be zoned as Industrial. The motion was seconded by Kalinowski and passed unanimously. Colleeeville Development Group (CDG) -Concept Plan: Weyrens stated that previously the Planning Commission reviewed a concept plan for CDG/CSB for 53 acres along CR121. At that time the concept plan included a mix of commercial, high density single family, a dormitory for College Use and recreational fields. At that meeting the Planning Commission encouraged CDG is reduce the concept plan removing the recreation fields. At this time CDG has revised the concept plan reducing the area from 53 acres to 14. Jim Degiovanni approached the Commissioners to present their revised concept plan. The revised concept plan only includes the single family high density, utilizing the R4 Zoning District and the commercial portion as it abuts Callaway Street. In reviewing the St. Joseph Code of Ordinances the revised plan meets the density requirements; however, there are issues with the setbacks. Degiovanni advised the Commission that they could plat it as individual lots for Patio Homes or as single lot condominiums and meet the requirements. It is only when twin homes are constructed that the setback requirements cannot be met. August 6, 2007 Page 5 of 5 The Planning Commission discussed the required to have 20 acres to utilize the PUD process and whether or not this development qualifies. The concept plan includes five acres of commercial development with 9 residential. At this time there are not definite plans for the commercial section. As a result, Degiovanni stated that they need several variances. Weyrens stated that it is her understanding that the residential portion of the development will with age restricted to 55 or older. If this is the case, one of the findings for a variance could be that the developer is filling a housing need of the City by constructing homes for residents 55 and older. The City has received requests as to when the City is going to construct a development for retired residents that are looking for a smaller home with less upkeep. Deutz stated that, atone point, they were looking at private roads. Degiovanni stated that they have conceded and they now plan to construct public roads. Loso questioned whether they meet the density and the lot size. Degiovanni stated that they cannot meet the depth requirements as stated in the R4 Ordinance. He suggested that they make the lots deeper and create easements. Rieke questioned the driveway lengths and stated that they should be no less than 30' from the ROW. Anderson questioned Degiovanni as to the square footage of the lots. He replied that in phase 3, the smallest lot is 45x100 and in phase 2, the smallest lot is 40x90. Loso then stated that in his opinion a 40' wide lot is too narrow. Degiovanni responded that they are trying to keep the lots small as elderly residents do not generally like large lawns. He then added that some of the lots may have shared driveways to which Loso said would be a good idea. Degiovanni advised the Commission that they would like to break ground this fall. He questioned the Commission as to what steps he needed to follow to move the project forward. The Commission responded that he would need to complete the application process as outlined in the Ordinance. From the discussion at this meeting it appears as the application would include a preliminary plat, variance and rezoning. Adiourn: Deutz made a motion to adjourn; seconded by Graeve and passed unanimously. Ju y ~~~ ~ ~2~~~U' m' istrator