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HomeMy WebLinkAbout2007 [11] Nov 26November 26, 2007 Page 1 of 2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, November 26, 2007 at 5:00 PM in the St. Joseph City Hall. Members Present: Chair Bob Loso. Commissioners S. Kathleen Kalinowski, Mike Deutz, Ross Rieke. Jim Graeve, Mark Anderson. Council Liaison Dale Wick. Administrator Judy Weyrens. City Representatives Present: City Attorney Tom Jovanovich, Public Works Director Dick Taufen, Police Chief Peter Jansky. Others Present: Mike Wahlin, Chris Rice Approve Agenda: Deutz made a motion to approve the agenda with the addition of a lot split request by Coborns. The motion was seconded by Graeve and passed unanimously. Lot Split -Coborns: Weyrens presented the Commission with a proposed lot split for lots 2 and 3; block 3 Buettner Business Park. Coborn's purchased the two lots for a future grocery/convenience store. Since the time the property has been purchased, Centra Care has approached Coborns to purchase approximate 4 acres of the 12 acre site. Centra Care would construct a medical facility of approximately 13,000 square feet. Weyrens stated that the Ordinance does allow for a one time lot split and the proposed development use is consistent with the zoning classification, B2, Highway Business. Before the property can be developed, the property owner will be required to submit a development plan that will be reviewed by staff and submitted to the Planning Commission for approval. Graeve made a motion to recommend the City Council approve the splitting of approximately 4 acres from the above mentioned property. Before the request is submitted to the City Council, a certified survey must be submitted detailing the new lot configuration. The motion was seconded by Anderson and passed unanimously. Rental Housino Ordinance: Weyrens stated that the City staff has recently discussed the issues relating to rental housing. During the discussion, it became apparent that changes to the current Ordinance were needed and before-the staff could prepare any amendments, direction was needed as to what the Planning Commission would like to see in a new Ordinance. City Attorney Tom Jovanovich stated that he has had the opportunity to review the existing Ordinance, Ordinance 55 Housing Occupancy, and would like to make some major amendments. Some of the amendments would include adding a provision whereby the Inspector has additional rights of entry based on bona fide complaints, either eliminating rental in R1 Zoning Districts or limiting the amount of rental housing in a neighborhood, or increasing the ownership requirement from the current 50% to 100%. Jovanovich stated that his office has seen an increase in rental issues in residential neighborhoods. His office is currently working on issues in Liberty Pointe, where the property has been purchased as income property and the owners are indicating that they have contract for deeds, therefore they are not rental. Jovanovich stated that the City Attorney has the authority to record and document and contract for deeds must be recorded to be valid. In the case of Liberty Pointe, the property owner does not want the deeds recorded for obvious reasons. The change in the housing market has created some of the enforcement issues. Jovanovich stated that he was provided a copy of the Northfield Ordinance that has recently been approved. The City of Northfield is experiencing the same type of issues as the City of St. Joseph. Building Official Ron Wasmund stated that he was part of the process in Northfield and the Ordinance Amendment had three public hearings before it was adopted. The new Ordinance has "livability standards" which will eliminate some homes as rental property. The City of Northfield has given property owners two years to be incompliance with the Ordinance. November 26, 2007 Page 2 of 2 Deutz stated that Ordinance enforcement has always been an issues. He also stated that the City needs to look at the refuse contract and find a way to make sure all the refuse is picked up each week. Deutz stated that he has talked to the vendor about picking up all the garbage at rental units. Some weeks the garbage at some rental units is standing beside the garbage can and remains street side all week. Jansky stated that he would like to see the Ordinance amended to add additional powers for inspection and enforcement. The Police Department has already been enforcing the abandoned vehicle ordinance and parking on the grass. The Planning Commission requested Jovanovich prepare a draft document for the Planning Commission to review and comment. The Planning Commission agreed to meet on December 10, 2007 to continue the discussion. Weyrens stated that the Planning Commission should consider requesting the Council extend the Moratorium on Interim Use Permits in R1 Zoning Districts to allow the Planning Commission time to conduct any required public hearings and make a recommendation to the City Council. Deutz made a motion to recommend the City Council extend the Moratorium on Interim Use Permits in R1 Zoning Districts 90 days to allow the Planning Commission time to conduct any required public hearings. The motion was seconded by Wick and passed unanimously. Wick clarified that the Moratorium can be lifted sooner than 90 days if the Planning Commission completes the amendments before the 90 days expire. Ad~iourn: The meeting was adjourned by consensus at 8:00 PM ~2~~ ud WeL y~pfrns Ad nistrator