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HomeMy WebLinkAbout2008 [08] Aug 04August 4, 2008 Page 1 of 9 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, August 4, 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: City Engineer Randy Sabart, City Attorney Tom Jovanovich Others Present: Anastasia Gregg, Lana Gregg, Sarah Pennings, John Gregg, David Marquart, Heather Marquart, Mike Sand, Scott Nolan, Lisa Nolan, Josh Wimmer, Jason Abraham, Kristi Bartkowicz, Dustin Hochhalter, Angie Valkers, Jen Steinkamp, Katie Guerrero, Linda Butenhoff, Nathan Hackenson, Mike Klassen, Nikki Kiassen, Jeff Tesch, Judy Meyer, Marty Meyer, Tom Gustafson, Ryan Pekarek, Katie Hultquist, Tom Hickey, Linda Brown, Dave LeSage, Mark Hultquist, Corey Gerads, Jake Rorabeck, Brian Shields, Kayla B, Eric Meyer, Donna Kellerman, Heidi R, Paul Fletcher, Kris Haugen, Traci Haugen, Nick Schmitz, LaNae Cobb, April Tesch, Ray Kellerman, Leon Conradson, Linda Conradson, Aaron Knutilla Agenda: Deutz made a motion to approve the agenda with the addition of an update on the conservation training. The motion was seconded by Andersen and passed unanimously. Minutes: McDonald made a motion to approve the minutes with the following corrections: • Add Meyer as being present • Page 3: Non Conforming Use: Weyrens presented the amendment to the Planning Commission rather than the Council. The motion was seconded by Wick and passed unanimously. Keith Eisenschenk. Reconsideration of Interim Use Permit: Eisenschenk approached the Commissioners requesting authorization to operate a rental unit at 1306 Iris lane. He stated that he is requesting to rent a portion of his property to help alleviate financial matters. Therefore, in April he decided to advertise on Craig's List for a renter and he received a response from someone who offered him adown-payment to purchase the home in 2009. Eisenschenk stated that he agreed to the terms with the understanding that he had to live at the property as well. Since then, his tenant has put several dollars into fixing up the house, beginning with the basement. McDonald stated that he drove past the home recently and it looks much better than it did prior to the Public Hearing. He stated that they were concerned about the appearance of the home at that time and questioned some of the responses to the questions on the application. McDonald stated that he is satisfied that the property is owner occupied and appreciated the efforts to correct the outside lawn/storage issues. Eisenschenk stated that they re-landscaped the property in part for aesthetics and in part to resolve drainage issues. With regard to cars parked on the street, since they were working in the basement, all the furniture and belongs were stored in the garage. As soon as the basement is finished the parking concerns will be alleviated. Meyer made a motion to recommend Council approval of the Interim Use Permit for Keith Eisenschenk at 1306 Iris Lane NE to operate an owner occupied rental. The motion was seconded by McDonald. Discussion: Wick questioned how far the property is from the house on the west side. Eisenschenk stated that it is approximately 12' from the house to the property line. Andersen questioned whether or not he could vote on this matter as he knows the renter. Weyrens advised Andersen that he had to determine whether or not that would result in a conflict of interest. Wick questioned whether Eisenschenk signed the affidavit of residency verifying that he lives in the home to which he stated he had. The motion passed unanimously. August 4, 2008 Page 2 of 9 Public Hearing= Interim Use Permit, 114 1St Avenue SE: Kalinowski opened the public hearing and stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental in an R-1 Single-Family Zoning District. The property is legally described as Lot 4, Block 3, Loso's 2nd Addition. St. Joseph Code of Ordinances 52.27 Subd. 5 allows for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and it not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. Ryan Pekarek, 114 1St Avenue SE, St. Joseph, MN 56374 has submitted the request for Interim Use. Pekarek approached the Commissioners and stated that he and his brother purchased the home in August 2007. Since then, he has purchased the home from his brother as Contract for Deed and is now 100% owner. He stated that, currently, he is the only one living there and he has been working to maintain/upkeep the property. He is requesting the Interim Use Permit to have some friends live with him. Kalinowski opened the Public Hearing. Delbert Collett, 116 1StAvenue SE, approached the Commissioners and spoke highly of Mr. Pekarek. He stated that he has been a good neighbor so far. He questioned how many renters he could have in the home. Weyrens advised him that he would be allowed two renters. He also questioned whether the home would remain a rental unit if the home was ever sold to which he was advised that the rental license is non-transferrable. He concluded by stating that, so far, he is very proud of Mr. Pekarek. Mary Nierengarten, 110 1St Avenue SE, spoke highly of Mr. Pekarek as well. She stated that he has been a good neighbor so far and that she hopes he can continue to live in the home. According to Nierengarten, he has been quiet and seems to be abiding by City Ordinances. Dan Nierengarten, 110 1St Avenue SE, approached the Commissioners and stated that, so far, Mr. Pekarek seems quiet and friendly. He added that they have been working hard to get the property fixed up and adhere to all City Codes. The public hearing was closed at 7:15 PM. Kalinowski stated that it is a pleasure to hear positive support from the neighbors. Deutz added that the brother could live in the home as well based on the definition of family. Deutz made a motion to recommend Council approval of the Interim Use Permit for Ryan Pekarek at 1141St Avenue SE to operate an owner occupied rental. The motion was seconded by Andersen and passed unanimously. Conservation Training: Weyrens stated that she has been contacted by the consultant who will be providing the conservation training as discussed in July. At that meeting the Planning Commission agreed to participate in the training provided it was pertinent to St. Joseph. Weyrens stated that the training will be based on urban settings. The Planning Commission requested that the training include examples of Cities the size of St. Joseph. Weyrens stated that dates for the training have not yet been set, but they are planning for the middle of October. The training will be held during the day and those attending will receive per diem. August 4, 2008 Page 3 of 9 Public Hearing -Interim Use Permit. 510 Fir Street: Weyrens stated that the purpose of the hearing is to consider an Interim. Use Permit to allow an owner occupied rental in an R-1 Single-Family Zoning District. The property is legally described as Lot 7, Block 1, Northland Plat 4. St. Joseph Code of Ordinances 52.27 Subd. 5 allows for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and it not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. Katherine Hultquist, 510 Fir Street, St. Joseph, MN 56374 has submitted the request for Interim Use. Hultquist approached the Commissioners with respect to her request. She stated that he originally purchased the home four years ago along with her sister. Since then, her sister has moved away and has signed a quit claim deed making her 100% owner. She is requesting the Interim Use Permit to allow her to have renters to help with the mortgage. The hearing was opened and closed at 7:20 PM as there was no one present wishing to speak. Andersen stated that recently, he noticed that the house was up for sale and questioned whether it was still on the market. Hultquist stated that her first choice was to sell the home, but it will be off the market on August 18. Andersen stated that it seems to be a nice house and appears to be kept up nicely. Kalinowski questioned whether Hultquist is a student to which she stated she is not. Andersen made a motion to recommend Council approval of the Interim Use Permit for Katherine Hultquist at 510 Fir Street to operate an owner occupied rental. The motion was seconded by Meyer and passed unanimously. Public Hearing -Annual Review of Interim Use Permits: Kalinowski opened the public hearing and stated the purpose of the hearing is to review the owner occupied Interim Use Permits and allow affect property owners discuss the impact of the rental units. McDonald questioned Weyrens as to how the applications for renewal of interim use permits were delivered. Weyrens advised the Commissioners that they were delivered via postal mail and sent out in the middle of July and were to be returned to City Hall. She questioned how the Commissioners would like to handle those that were not returned. Weyrens stated that the purpose of the application was to have the property owner sign an affidavit stating that they do live there (if necessary) and to be able to track ownership requirements. McDonald then questioned the Interim Use Permit for Patrick Conway, 35 2nd Avenue SE. It was brought to the attention of the Commissioners that he no longer lives in the home, but has been renting. McDonald stated that he was looking at the tax records for this property on the Stearns County Website and found that in 2006, the home was listed as a homestead property and then in 2007 and 2008, it changed to non-homestead. Weyrens advised the Commissioners that the Police have done some investigation and found that he is no longer living there. Deutz stated that the homestead classification may have changed when he filed homestead for a different property. McDonald questioned how many others are renting in the home and not living there. Weyrens replied that the City is currently investigating the same at 308 10'h Avenue SE. Weyrens stated that the application for renewal of the interim use permit also shows any violations or complaints that have been received at each address. One condition of the granting of the Interim Use Permits is that they must be in compliance with the Ordinances. McDonald questioned who would be responsible for creating a matrix for violations for rental properties, the City Council or the Planning Commission. Weyrens stated that City Staff is currently working on a matrix for ordinance violations. She added that the City is considering imposing a fine on those properties who receive a notice for weed August 4, 2008 Page 4 of 9 cutting. Deutz questioned whether that could be done by administrative fines. According to Weyrens, it would be an administrative fine. It seems as it is the same properties every year that receive the weed notices. Deutz added that it should be a collaborative effort between all parties, both City and affected property owners, to review the proposed matrix. Kalinowski opened the Public Hearing for the annual review of Interim Use Permits. Deutz stepped down. With no one wishing to speak, the Public Hearing was closed at 7:30 PM. Rieke stated that there are four applications that were not received. Weyrens identified them as: • Patrick Conway, 35 2"d Avenue SE • Timothy Ortmann, 308 10th Avenue SE • Ryan Lieser, 403 1St Avenue NE • William Capecchi, 209 Minnesota Street E Weyrens suggested that these applicants be given a notice that they have an additional 30 days to apply for the renewal of their Interim Use Permit. McDonald stated that they should also be made aware of the consequences such as eviction of tenants if they do not re-apply. McDonald questioned how the Commissioners want to handle those that have had weed violations. Wick stated that, in his opinion, weed notices should not prevent them from renewing their license as they were taken care of by the property owners. McDonald disagreed and stated that the lawn cutting is one of those items that cause a home to not blend into a residential setting. This type of violation is upsetting to the adjoining property owners. Meyer made a motion and seconded by McDonald to approve the following applications for Interim Use Permit renewals as well as to develop a matrix for future violations: • Mike Bader 101 5th Avenue NW • Brian Shields 321 C~press Drive • Linda Hutchinson 133 5t Avenue SE • Dale Schneider 409 College Avenue N • Bryce Deter 106 Jasmine Lane • Student Housing 30 Birch Street E • Jake Rorabeck 221 Birch Street W • Tom Dullinger 34 College Avenue N • Student Housing 119 College Avenue N Discussion: Andersen questioned whether all issues relating to the Rorabeck property have been resolved. Weyrens stated that they did reduce the number of tenants to abide by City Ordinance. This summer there were some questions relating to residency, but that has been resolved as Rorabeck is living in the home. McDonald stated that he understands the concerns of the neighbors as this is a residential area and should be maintained as such. Rieke questioned whether or not future applicants will be required to complete an affidavit of residency along with their application. Weyrens replied that it will be included with their application. Based on the application for renewal for Mike Bader, it was unclear as to whether or not he was living there as the address was not filled in. Weyrens stated that he is living there and is only required to be 50% owner in the property. The motion passed unanimously. August 4, 2008 Page 5 of 9 Deutz returned to his seat Weyrens stated that she will provide notice to those that have not yet returned their renewal applications that the Planning Commission will act on them at their next meeting. Rieke questioned whether it should be approached in that way or if they should be notified that their permit has expired. Weyrens stated that she will advise them that their Interim Use Permits have expired and they have 30 days to bring the property into compliance. McDonald made a motion to notify those property owners who did not re-apply for their Interim Use Permit that their permit has expired and that they will have the opportunity to return the required application for renewal for consideration at the next Planning Commission Meeting. The motion was seconded by Deutz and passed unanimously. Public Hearing - S & H Partnership: Kalinwoski called the hearing to order and stated that the purpose of the hearing is to consider the following: 1) Amendment to the Graceview Estates PURD approved in 2001; 2) Special Use Permit and PURD to allow the construction of two apartment buildings with a total of 75 units, two -four plexes and one -duplex Weyrens stated the original hearing notice included a request to Rezone the subject parcel from R1 Single Family to R3 Multiple Family. The proposed development site is legally described as Outlot A; Graceview Estates 2. The PURD Amendment, Zoning Amendment, PURD and Special Use Permit applications have been submitted by S&H Partnership, 229 5'h Avenue S, Suite 101, St. Cloud, MN 56301. Weyrens provided the Commissioners with some background relating to the proposed project. She stated that this project was started in 2001. This was originally part of a life cycle housing project which contained a mix of single family homes, apartments, etc. The original concept plan was approved in April 2002. Phis site contains a total of 91 acres and was originally approved as a PURD Development. The developers have been following this plan since 2001. Weyrens added that since this was approved in 2001, the Ordinances from 2001 would remain in effect. Jovanovich added that this area was platted as a PURD which would allow for mixed uses in a residential area where there is a large tract of land. At that time, there was only one point of ingress/egress and that was 7t" Avenue SE. At that time, they talked about an access to CR121 as well as a possible access to the South where the Field Street is located. When the plan was originally approved in 2002, the Council approved a mix of single-family homes (R1) and townhouses (R2) as well as a couple of apartment buildings. Originally, they proposed to construct 80 apartment units and 18 townhomes. The current plan consists of 75 apartment units and 10 townhomes, which is less density than what was originally approved. Weyrens stated that the proposed development would be called Graceview Estates 4. She stated that rezoning would not be necessary as a PURD allows for this type of project. Sabart spoke to the commissioners with respect to traffic volumes. He stated that streets are classified based on their functions and the balance between access and mobility. The City's Transportation Plan identified 4~h Avenue SE as a collector roadway. In 2001, he stated that there was some concern about a connection between 4'h Avenue and CR121. According to Sabart, the following scenarios are being reviewed: • Traffic generated today • Current traffic flows with the addition of the proposed development • Consideration of a full-build out of Graceview Estates • Consideration of a full-build out with the connection to "Field Street" Weyrens stated that she received a petition last Friday and it has been distributed to the Commissioners. August 4, 2008 Page 6 of 9 Linda Brown (Bonestroo) spoke to the Commissioners on behalf of the developer, S & H Partnership. She stated that in 2002 the Planning Commission and City Council approved the PURD for Graceview Estates. They are now requesting an amendment as well as a Special Use Permit. The amendment is being requested to allow for the following: • Original Proposal: (1) 10 plex & (1) 8 plex Total 18 units • Current Proposal: (2) 4 Alex & (1) duplex Total 10 units The current proposal would have a decrease in density. They are proposing that the ten unit structures be one story townhomes and that they be sold individually. The open space would be owned by an association that would be responsible for maintaining the property. They would designate easements to allow for access to the storm water ponds. The Special Use Permit is being requested to allow for the following: • 1 apartment building consisting of (40) units and (18) tuck-under garages • 1 apartment building consisting of (35) units and (14) tuck-under garages • There would be a total of 23 garages on site as well Brown stated that each building would have elevators inside. She stated that they have proposed to construct a community center between the two buildings as well as have a courtyard between and a work-out room. According to Brown, the proposed breakdown for each building is as follows: Building A Building B 16 1 BR Units 11 20 2 BR Units 17 4 3 BR Units 6 In reviewing the Ordinances, she stated that they are below the density calculations, have meet the building requirements and the impervious surface requirements and all setbacks as well. Jovanovich questioned Brown as to the building height to which she stated the current maximum height is 40'. The public hearing was opened at 8:15 PM. Renee Symanietz, 354 4th Avenue SE, approached the commissioners and spoke in opposition to the proposed development consisting of apartments and townhomes. She questioned how traffic will be routed during the construction? She also stated that there are already multi-family units in this development. According to Symanietz, the residents were unaware that this was a proposed concept for this area and the development will have a negative impact on housing values in the area. Besides Field Street, she questioned whether or not there were any other viable options for re-directing traffic. Sabart stated that the Field road could be used for emergency vehicles. Weyrens stated that currently, the City is working on platting the road known as Field Street. Sarah Pennings, 346 4th Avenue SE, addressed the following concerns that she, as well as some of the neighbors, have concerning the proposed development: • Safety of Road -The roads in Graceview Estates are very curvy and narrow • Proximity to schools and daycares • Is there really a need in St. Joseph for more rental properties? Pennings stated that she feels that St. Joseph is no longer a good place to raise a family; rather it is a cheap place to live. LaNae Cobb, 333 4th Avenue SE, also approached the Commissioners in opposition to the proposed development. She stated that she is concerned about traffic flow and safety. She said this type of development just doesn't make sense in this area. August 4, 2008 Page 7 of 9 Don Fisher, 235 4th Avenue SE, spoke to the Commissioners in opposition as well. He stated that he is concerned about the honesty of the developers. He stated that Rick Heid built his home and he was not advised about this being a concept for this area. He would like to see a reduction in size and height. Fischer suggested asking the College of St. Benedict to sell the developer additional land for the project. Ray Kellerman, 350 4th Avenue SE, another resident in opposition to the proposed development, stated that his big concern is that of crime. In his opinion, rental properties generally bring increased crime. He stated that he is against an apartment building being constructed in that area. He stated that he was not informed of the plans for an apartment building in that area and, had he known, he would not have built his home. Judy Meyer, 343 4th Avenue SE, approached the Commissioners and expressed her concerns relating to the proposed development. Meyer stated that when the original plans were approved in 2001/2002, the City did not have a PUD Ordinance. When they built their home, they were aware of the single-family homes and townhomes. In those types of housing markets, she stated that the residents take ownership and pay property taxes. She questioned whether those renting these apartments will care. She stated that she would hope that the developers would care about the concerns of the residents. She questioned what will happen to these apartments once the residency requirements change at the College. According to Meyer, she cannot believe that this type of development was approved in 2001/2002. Linda Butenhoff, 514 Ellie Ct stated that, she too, is in opposition to the proposed development. She stated that their development is full of children, dogs, cats, etc and the kids play outside all the time. Graceview Estates, in her opinion, is a young residential community. There is too much traffic in that area already and the speeds are too fast. Butenhoff stated that she chose to raise her family in St. Joseph because of the good schools and the type of community that St. Joseph had to offer. Josh Wimmer, 450 Elena Lane, approached the Commissioners to state his opposition to the project as well. He stated that he takes his kid for a walk every day and there is enough traffic now. They plan to have more children and he is worried about the safety of the children in that area. He also believes that, due to the construction of the apartment building, their property values will decrease and they will not be successful in selling their home if they would choose to do so. Wimmer concluded by stating that this type of development does not meet their needs. Dave LeSage, 457 Elena Lane, appeared before the Commissioners as well to state his concern about the proposed development. He stated that he recently moved into the area and chose St. Joseph because he figured it would be a great family area. He was never told of these plans and questioned why the plat never showed this area as R3. He stated that he has lived in a duplex in Chicago in the past and knows that renters do not take care of the property. Katie Guerrero, 455 Elena Lane, addressed the Commissioners with respect to the proposed development. She stated that they are currently trying to sell their home and this type of development will not help. She stated that she has seen rental properties first hand and they are not kept up. According to Guerrero, the neighbors in Graceview Estates have a family atmosphere and they feel that they will lose that with the construction of the proposed apartments. Ray Kellerman, 350 4th Avenue SE, approached the Commissioners again. He gave examples of the declining housing markets in other areas of the Country and stated that as property values decrease and people owe more than it is worth, they will begin to walk away from their homes. Tate Viere, 403 Elena Lane, addressed the Commissioners to state his opposition to the proposed multi- family development. Viere stated that he has looked at the other apartments in town and they do not look good. When questioned about the Boulder Ridge complex, he stated that they are still new and in a few years, they will have the same type of appearance. He added that he is concerned about the increase in crime due to the construction of the apartments as well as the increase in traffic. Viere added that when August 4, 2008 Page 8 of 9 this original concept plan was approved, there were no homes built yet and when he built his home, this information was not disclosed to him. He questioned who is responsible for disclosing this information and stated that he intends to contact his realtor regarding this issue. The public hearing was closed at 8:45 PM. Anderson stated that he lives on 4th Avenue north of Baker Street. He recalls that when the first phase of Graceview was being constructed, the traffic was horrendous. People will always take the most direct route which in this case means taking Hwy 75 to 4th Avenue. He understands what the residents are saying and, he too, is against the project. Many of the residents made comments relating to renters and Anderson stated that one should not place judgment on renters. It is up to the management company to keep the property in good condition. McDonald, too, was disappointed in how these residents characterized renters. He stated that, for many, renting is a stepping stone to purchasing a home. Rieke asked for clarification on the previous actions regarding this proposed development as it seems as if it were very well documented. Jovanovich stated that this area was zoned as a PURD and they are allowed to build on what was planned in 2002. He has reviewed the previous ordinances from when this was approved and it appears that the height restrictions were 35' or 2'/ stories. The current plan shows a 3 story building (40') which does not meet the previous ordinance restrictions. He stated that if they plan to abide by the current ordinances rather than those of 2002, the area would require rezoning. As a result, he stated that this plan is premature at this time. McDonald questioned whether or not the holding ponds can be used in the equation for the percentage of building coverage or impervious surface. Wick questioned how much discretion the City has with respect to barriers. Jovanovich responded that the City and Developer must agree on some reasonable negotiations with respect to barriers. He then stated that the problem is not the barriers; rather the height of the structure as it cannot exceed 35' or 2 '/2 stories. Deutz questioned whether a part of the building could be buried? Jovanovich reminded the commissioners of the 60 Land Use Rule. Weyrens suggested that they extend that by 60 days as the City needs additional information before approving or denying the request of the developer. Deutz made a motion to extend the 60 day Land Use ruling to allow for the developer to provide additional information with a maximum of 120 days from the date of application. The motion was seconded by Meyer. Discussion: Deutz questioned exactly what information the Planning Commission is looking for. Weyrens stated that they are looking for information relating to the building proposal vs. the 2002 Ordinances as well as additional buffer information. Wick questioned whether additional apartments are needed in St. Joseph as well as the traffic patterns and what roads are needed for this development to occur. Meyer stated that they need to increase the number of trees on the property, as 7 trees are not enough. Based on comments made by several residents, McDonald stated that it was the responsibility of the property owners to find out what the future plans were for the vacant lots. He added that if Field Street is constructed, it would add additional traffic along Elena Lane. McDonald continued by stating that if a developer wants to construct this type of housing, it is their decision as to whether or not they want to invest the money. Many of the neighbors were stating that their property values would decrease based on the construction of the apartments in their area. McDonald stated that he researched some of the property values for the homes near the Boulder Ridge Apartments and found that many of them increased by the same percentages. To state that their property values will fall based on the proposed development is an unscientific assumption. August 4, 2008 Page 9 of 9 Anderson reminded the commissioners that the residents are very concerned about the proposed development. He questioned what other alternatives there may be besides the apartment buildings. Brown stated that previously, the plan was approved for the construction of the two buildings similar to what they are proposing. The motion passed unanimously. Wick made a motion to table action on the proposed development until it is brought back to the Commissioners for consideration. The motion was seconded by Rieke. Discussion: McDonald stated that although the overall parking requirements have been met, the current parking plan does not meet the parking requirements for the construction of Phase One alone. He also stated his concern about the lighting and stated that they should not be directed towards the homes. The motion passed unanimously. The meeting was adjourned by consensus. Ju eyren~ Ad ~ istrator