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HomeMy WebLinkAbout2008 [03] Mar 03March 3, 2008 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, March 3, 2008 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mike Deutz, Mark Andersen, John Meyer and Dale Wick, City Administrator Judy Weyrens City Representatives Present: Rental Housing Inspector Gary Utsch Others Present: Mark Wahlin, Tom Dullinger, Tony Pelzer, Rick Schultz Agenda: Deutz made a motion to approve the agenda as presented. The motion was seconded by Wick. Discussion: Andersen clarified the spelling of his name. The motion passed unanimously. Minutes: Wick made a motion to approve the minutes of February 4, 2008. The motion was seconded by Deutz. Discussion: Kalinowski questioned 55.26 Subd 3 regarding the reference to dwelling units built after 1940 and the significance of the date. Weyrens reported that she would check on the reference and report back to the Commission at the next meeting. The motion passed unanimously. Oath of Office: Weyrens administered the Oath of Office to Michael McDonald. McDonald replaces Bob Loso who resigned in January. Deutz stepped down from his chair before the opening of the Public Hearing for 119 College Avenue North. Public Hearing. Interim Use Permit - 119 College Avenue N: Chair Kalinowski called the hearing to order and stated that the purpose of the hearing was to consider an Interim Use Permit to allow anon-owner occupied rental at 119 College Avenue N, legally described as Lot 4, Block 12 N66' of S132' of Lots 4, 5, & 6, Block 12, Townsite of St. Joseph. St. Joseph Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an Interim Use Permit as a rental unit for a specific period of time. The maximum density for rental units under the Interim Use Permit shall be limited to the density which is allowed in the R1, Single Family Residential District. The request for Interim Use was submitted by Student Housing LLC. As background information, Weyrens stated that the application before the Commission is located in the Business District and the Planning Commission recently amended all commercial districts to allow for rental units in neighborhoods that were not ready for commercial development. The Interim Use Permit to allow the rental units was intended to provide for transition in such districts. As part of the packet material a map of the land uses abutting the above mentioned address was included. This map illustrates how the properties are zoned and used. Uses in the area include: commercial, mixed use residential, non- homestead residential and homestead residential. Kalinowski opened the Public Hearing. Mike Deutz, property owner, approached the Commissioners. He stated that he recently purchased the home from Mark and Jackie Molus. He purchased the home with the intent of using that space to expand the car wash and office facility he owns on the adjacent property. Deutz stated that he is uncertain as to March 3, 2008 Page 2 of 5 when the expansion will occur as it will occur when it is financially feasible. Therefore, he is requesting an Interim Use Permit to rent the home until such time. Deutz stated that he hopes the expansion can happen between six to twelve months. With no one wishing to speak, the Public portion of the meeting was closed. McDonald questioned Weyrens as to the intent of the Ordinance relating to the majority of the area being redeveloped as commercial and what percentage is used to determine majority. Weyrens stated that there is not a specific percentage defined by Ordinance, rather each block is looked at individually. Wick stated that he would like to see this Interim Use Permit be approved for a period of two years rather than three as the property owner has indicated that the expansion could occur as soon as six months. Rieke questioned why they should be limited to two years when, by Ordinance, they are allowed three years. Meyer agreed with Rieke. McDonald stated that the City wants this area to be used as commercial rather than residential. The Interim Use Permit allows the City to give owners an incentive to convert to commercial. Deutz spoke to the Commissioners and stated that he does not want to be held to a lesser timeframe than others who have applied for these Interim Use Permits. He stated that they do plan to develop in the near future; however, he is aware of the fact that there are some outstanding issues with water and sewer that may delay the project. As a result, he would like to see the permit issued for a period of three years. Rieke made a motion to recommend the Council accept the findings of fact issuing an Interim Use Permit to allow for anon-owner occupied rental unit in a 61 Zoning District for a period of three years to Student Housing LLC, for property at 119 College Avenue North. The Interim Use Permit will be reviewed annually and if at the end of three year period the neighborhood is not ready for conversion to commercial, Student Housing LLC can request an extension for an additional three year period, which is reviewed annually as well. The motion was seconded by Wick. Discussion: McDonald questioned the responses to questions 5 and 6 on the application. Deutz stated that there are rental properties on both sides of the home, thus it is consistent with the neighboring uses. McDonald stated that he spoke with representatives from Daniel Funeral Home and they support the granting of the Interim Use Permit. The motion passed unanimously. Deutz resumed his seat. Public Hearing, Interim Use Permit - 34 College Avenue N: Chair Kalinowski opened the public hearing and stated that the purpose of the hearing was to consider an Interim Use Permit to allow anon-owner occupied rental at 34 College Avenue N, legally described as Lot 1, Block 10 N64' of Lots 1-2 & 3, Block 10, Townsite of St. Joseph. St. Joseph Code of Ordinances 52.32 Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an Interim Use Permit as a rental unit for a specific period of time. The maximum density for rental units under the Interim Use Permit shall be limited to the density which is allowed in the R1, Single Family Residential District. The request for Interim Use was submitted by Tom Dullinger. Weyrens stated that the request of Tom Dullinger is the same request as that just reviewed by the Commission for Student Housing LLC. Dullinger has purchased the property and is interested in converting the property to commercial when it is financially feasible. Kalinowski opened the Public Hearing. March 3, 2008 Page 3 of 5 Tom Dullinger approached the Commissioners and stated that they purchased the home from his wife's aunt who recently moved to live with her daughter. They plan to have their son live in the home until the property is converted to commercial. Tony Pelzer, owner of 22 E Ash Street, questioned the impact of the redevelopment adjacent to his property and the application before the Commission at this time. Pelzer stated that he has been contacted several times by the developer looking to develop Phase 2 of the Millstream Shops and Lofts. Weyrens stated that the proposed development and the application for Interim Use Permit do not affect his property or rental license as his property can continue the current use as a rental property. With regard the Millstream Shops and Lofts second phase, they have not submitted a development plan for review and comment. With no further comments, the public portion of the hearing was closed. Rieke made a motion to recommend the Council accept the findings of fact issuing an Interim Use Permit to allow for anon-owner occupied rental unit in a B1 Zoning District for a period of three years to Tom Dullinger, for property at 34 College Avenue North. The Interim Use Permit will be reviewed annually and if at the end of three year period the neighborhood is not ready for conversion to commercial, Dullinger can request an extension for an additional three year period, which is reviewed annually as well. The motion was seconded by Meyer. Discussion: Wick stated that he is concerned about the three year permit as the majority of this block is already commercial. Meyer added that the rest of the block is not going to develop overnight and added that the one lot certainly wouldn't develop by itself. Deutz added that those purchasing homes in this area are not purchasing them to be a revenue source from rental units; rather, they see the commercial potential. The motion passed unanimously. Public Hearin4, Preliminary Plat. Coborn's Realty Company: Chair Kalinwoski opened the public hearing and stated the purpose of the hearing was to consider a Preliminary Plat to re-plat a portion of the Buettner Business Park, creating 3 lots to be developed commercially through the PUD Process. The property is legally described as: Lots 1 & 3, Block 3, Buettner Business Park and the request for preliminary plat approval was submitted by Coborn's Realty Company Limited Partners. Weyens stated that Coborn's Realty has submitted an application to re-plan two lots in the Buettener Business Park. The proposed plan will create three separate lots that will be used for commercial development. The plan is being requested at this time to allow the sale of a portion of the plat to Centra Care to construct a new medical clinic. When staff reviewed the request it was determined that the Planned Unit Development (PUD) process would be required. The new plat entitled Coborn's Realty Company will be served by an internal roadway system with a joint holding pond. The PUD process requires the property owner to identify all future uses of the property. Illustration of the property does not constitute site plan approval; rather, it identifies the foot print of future buildings and uses. Approval of the plat at this meeting does not grant any building plan approval. The plat is reviewed for infrastructure purposes, making sure that each lot can be served with water and sewer and ingress/egress is adequate. Weyrens stated that before final approval of the plat, comments must be received from MNdot as the Wobegon Trail is located adjacent to this property. At this time City Staff and the Stearns County Engineer has reviewed and commented on the plat. Stearns County has provided comments that include authorization for access to CR 133 at the location indicated on the plan. The access is limited to the size of the opening as it exists today. The City Engineer has requested some additional information that must be provided before the plan can be forwarded to the City Council. March 3, 2008 Page 4 of 5 Staff also requested the Planning Commission consider restriction on the proposed spoil piles that will remain on the north east corner of the plan. Developer representative Tom Herkinoff stated that there will be two spoil piles located on the property, one of granular material and one of black dirt. Herkinoff indicated that the black dirt will most likely be sold. The Commission requested that the developer provided the City with a spoil pile management plan indicating how the piles will be maintained. The Commission also suggested that the piles be removed within two years from the date of improvements. Mark Wahlin approached the Commissioners on behalf of Coborns. He advised them that the architechts were also present if there were any questions. He stated that, currently, there are no plans for Coborns to begin construction on that site. They are requesting the re-platting so that one lot can be sold to CentraCare. Kalinowski opened the Public Hearing. With no one wishing to speak, the hearing was closed. With respect to the stockpiling on-site, Meyer questioned where the pile would be located. Chas Rissing, Rice Building Systems, approached the Commissioners and stated that it would be placed near the tree line and concealed from both Hwy 75 and CR133. Weyrens stated that the City does not want to encourage stockpiling; however, it may be allowed if it is managed. Kalinowski stated that based on the comments of Municipal Development Group, the City may want to set a two year time limit as well as require a written agreement stating how it will be maintained. Weyrens stated that that would be part of the Development Agreement. Meyer made a motion to recommend Council approval of the Preliminary Plat entitled Coborns Realty Company and request that staff prepare the Development Agreement between the City of St. Joseph and Coborn's Realty. Approval is only recommended upon satisfaction of the City Engineer and MNdot. The motion was seconded by Andersen and passed unanimously. Public Hearing. Ordinance Amendment, R4 PUD Regulations: Chair Kalinowski opened the public hearing and stated that the purpose of the hearing was to consider an amendment to St. Joseph Code of Ordinances 52.30 Subd. 1 regarding the intent of the R4 Townhouse/Patio Home Residential District. Weyrens stated that the Ordinance Amendment is a result of the recent discussion regarding a senior housing development adjacent to CR 121. At that time a developer requested to develop ten acres with a townhome development and the Ordinance required utilization of the PUD process which in turn required a minimum development of 20 acres. The Commission reviewed the high density Ordinances and realized that the R3 Ordinance has the same provision requiring utilization of PUD process but excludes the acreage requirement. Since R3 and R4 are both high density residential, the Commission agreed the acreage requirement should be similar. Therefore, the proposed amendment has been drafted. Kalinowski opened the Public Hearing. With no one present wishing to speak, the Public Hearing was closed. Deutz made a motion to recommend that the Council execute the amendment to Ordinance 52.30 Subd. 1, removing the reference to minimum acreage. The motion was seconded by McDonald and passed unanimously. Ordinance 55 Housing Maintenance -Proposed Ordinance Amendment: Weyrens stated that the Commissioners received a final draft of the proposed Ordinance 55 Amendment based on their previous discussions. She added that a notice was sent to all rental license holders with reference to the proposed Ordinance changes. Based on comments made by the Rental Housing Inspector, Weyrens stated that the following may need to be addressed as well: Parking Lot Standards; Bedroom sizes; handrails Meyer addressed the handrail issue. He stated that if there are four or more risers, a handrail would be required. The reference to handrails is very broad. Utsch stated that it may be better to include reference to the building code. Andersen stated that it would be best to refer back to the building code for consistency. March 3, 2008 Page 5 of 5 Utsch then questioned whether those landlords in the R1 and R2 Zoning Districts would be grandfathered in for rental licenses. Weyrens stated that all those who hold rental licenses are grandfathered; however, they must meet the new requirements if the Ordinance is amended. In some cases their density may be reduced or they may to make some significant changes to the facility. Utsch questioned the size of a habitable room. The Ordinance required 150 feet and the State Building Code requires a minimum of 120 sq. ft. The Commission agreed to change the room size to the State Building Code requirement of 120 sq. ft. Utsch also addressed the issue of parking. The City must determine if they want to have tar or concrete driveways. Deutz stated that bedroom size affects parking. Weyrens advised the Commissioners that she met with Ron Wasmund and Utsch regarding these matters and decided to wait to make any changes until after this meeting. At this time all the changes would be incorporated so the Planning Commission could have one final draft. Meyer stated that the Ordinance should not supercede the Building Code; rather sections of the building code should be added as attachments. Weyrens questioned the Commissioners if they were ready to schedule the Public Hearing on the proposed Ordinance Amendment. They agreed to hold the hearing in April. Weyrens advised the Commission that they do no need to act on the amendment at the Public Hearing if additional information is needed. Adjourn: The meeting was adjourned by consensus at 8:20 PM. ~~ J dy Weyrens d inistrator ~~~~~