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HomeMy WebLinkAbout2009 [07] Jul 06July 06, 2009 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, July 6, 2009 at 7:00 PM. Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mike Deutz, Brian Orcutt, John Meyer, Dale Wick and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart Others Present: Margy Hughes, Dean Wick, Kurt Sauer, Howard Zimmer, Rudolph Zimmer, Roger Hansen, Judy Meyer, Linda Brown, Corey Gerads, Tom Herkenoff, Anne Schwartz Approval of the Agenda: Deutz made a motion to approve the agenda; seconded by Rieke and passed unanimously. Minutes: Meyer made a motion to approve the minutes of June 1, 2009; seconded by Orcutt and passed unanimously. Public Hearing, Kurt Sauer -Special Use Permit: Kalinowski called the public hearing to order and stated the purpose of the hearing is to consider issuance of a special use permit to allow a rental unit in a B1 Zoning District. The property is located at 31 Minnesota Street W (formerly the Linneman Building). St. Joseph Code of Ordinances 52.30 Subd. 3(f) includes the following use: Mixed use of a Permitted Use and a multiple residential dwelling unit; but only if at least 50% of the interior square footage (exclusive of the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The area consisting of multiple residential dwelling units must meet the standards of Section 52.29, Subd. 5 and 6; and said residentia{ uses occupy only the upper and/or rear portions of structures. Off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.10. The request for Special Use was submitted by Kurt Sauer, 8573 Orange Road, St. Joseph. Weyrens stated that the application before the Commission is the identical plan which was submitted in 2005 and approved by both the Planning Commission and City Council. Special Use Permits by Statue expire one year after inactivity. Since the project was not completed and work stopped the SUP is null and void. The information presented to the Commission is the development agreement that was previously executed. The property owner is requesting to phase the development with the interior completed in 2009 and the exterior by 2010. Kurt Sauer approached the Commissioner on his own behalf and stated that he was available to answer any questions relating to his request. Margy Hughes, 128 Able Ct E spoke to the Commissioners in support of the request. On behalf of the St. Joseph Action Group, Hughes stated that their goal and mission is the revitalization of the downtown which was started a couple of years ago by the EDA. They have worked with Kidstop to decorate the building with pictures made by the children. She added that the building makes an exciting first floor with opportunities for various activities. With the amount of square footage, Hughes stated that this really is a great building. In conclusion, Hughes stated that she encourages the City to accept the provisional use. Dean Wick, Outsource Architecture, approached the Commissioners as well. He stated that he has been in the building and is pleasantly surprised that it is not as bad as people thought. Wick advised the Commissioners that he prepared all of the original drawings for the building. The public hearing was closed at 7:05 PM. McDonald stated that, based on the development agreement, there is no need for a grading plan as they are reducing the impervious surface. He questioned how that is being done. He then questioned whether July 06, 2009 Page 2 of 4 or not they will take immediate action to remodel the inside. Sauer stated that he will begin the interior remodeling once the SUP is approved and due to the cost and extent of repairs he is requesting to wait until 2010 to complete the exterior improvements including landscaping. In response to the question relating to impervious surface, Wick stated that classified fill is considered impervious surface as well. They plan to add landscaping where the currently class 5 is located. Sabart also advised the Commissioners that compacted gravel is considered impervious surface. Deutz stated his concern for the lack of parking in the downtown area and that he is in favor of finding alternatives to provide additional parking. He then questioned that if the landscaping were removed could additional parking space could be provided. McDonald spoke in opposition to fewer parking spaces as he believes it is not right to change the parking requirements if they are unsure of who will occupy the space once it is renovated. He agreed with Deutz and stated that the lack of parking downtown is detrimental to the downtown area. According to Meyer, all downtowns have the same issues relating to parking. There is a municipal parking lot a % block away which Deutz stated is already being used. He added that if the City is serious about changing the downtown atmosphere, the parking needs to be changed as well. Wick stated that he agrees with Meyer and that the additional trees would add more value to the downtown than the additional two parking spaces. Deutz disagreed. Meyer made a motion to recommend the Council issue a Special Use Permit to Kurt Sauer, Percheron Properties, to allow a mixed density development at 31 Minnesota Street West. The Development will consist of housing on the upper levels and retail space on the main level. The property owner is allowed to phase the project, completing the exterior improvements no later than August 15, 2011. If the exterior improvements are not completed, the property is not eligible for a rental license. The motion was seconded by Deutz. Discussion: According to McDonald, this will be a good addition to the downtown area, if it works. He re-stated that he would rather see 23 parking stalls than 21 and that they should be required to submit a drainage plan. Weyrens advised the Commissioners that they will submit a drainage plan when they submit their permit. Deutz added that the proposed plan will take away from the existing parking in the downtown area and more parking is needed. He suggested that the City work with the developer to create as much parking as possible. Deutz also stated that it is wrong to approve the plan without knowing what the use of the downstairs will be. Sauer replied that the downstairs will be finished prior to constructing the parking lot. .Amendment to the Motion: The plan should be brought back for review of parking requirements when the lower level use has been determined no later than August 15, 2011. The motion passed unanimously. Outdoor Market, Anne Schwartz (Anne's Market: Weyrens stated that the City Office has recently been made aware of an outdoor market that will be located at 213 Cedar Street East. The site is the same site as the used vehicle lot the Planning Commission recently approved. One half of the site is for the used vehicle sales and the remaining portion will be used for Anne's Market. Weyrens stated that while the B2 Highway Business district allows for retail, it does not mention outdoor sales. In fact, a farmers market is listed provided it sells produce. Therefore, the Staff is requesting Ordinance interpretation from the Planning Commission as to whether or not the use is consistent with the Ordinance, if a special use permit should be required or if the use is not consistent. Anne Schwartz approached the Commissioners as the new tenant, owner of the Occasional Shop known as Anne's. She stated that she is sorry that this was not requested earlier and she understands that things were done backwards. Occasional Shops have become popular is communities such as Chaska, Buffalo, Hutchinson and Carver. These stores sell repurposed furniture and goods combining antiques and household goods. Typically these stores are only open four days per month, Thursday through Sunday. Swartz stated that Anne's will be open the second weekend of each month and she will be having an outdoor market each Sunday between May and October. July 06, 2009 Page 3 of 4 The outdoor market will consist of approximately 5-12 vendors and will be conducted in the rear of the property. Schwartz stated that all the vendors will be screened to provide for quality merchandise. With regard to the used car lot, Schwartz stated that she has talked to the tenant and he is supportive of the store and will move the cars on the lot each weekend to help facilitate the outdoor market. In conclusion, she stated that the reception she has received is beyond her expectations. This is what she chose to do post-retirement. People love to come and shop. She added that, eventually, she would like to have vendors come to sell produce as well as most Farmers' Markets are not done on Sundays. Kalinowski advised the Commissioners that they are being asked to determine whether or not this type of business fits with the current zoning classification. McDonald stated that he had the opportunity to view the site when the market was in progress. He questioned the amount of parking and the areas that are proposed for such. In his opinion there is not enough room for parking as it is too narrow and there is nowhere to turn around. He also added that the Commissioners should not take a friendly verbal agreement between tenants into consideration when making their decision; rather it should be in writing. Deutz responded that, in his opinion, this is a retail application and Hwy 75 is a retail district. Deutz stated that in his opinion the outdoor market is no different than the hardware store selling lawn mowers outside or other businesses selling product on the sidewalk. He added; however, that the magnitude of the operation and the parking may be the issues. Wick agreed. Weyrens asked the Commissioners whether or not any other business along CR75 would be allowed to set up tents as well to sell certain items as enforcement must remain consistent. According to Wick, there seems to be consensus that the retail portion fits; however, the idea of the outside market does not. Schwartz re-stated that her shop will be open for indoor sales four days a month and the outdoor market will be open every Sunday from May through October. McDonald stated that this creates somewhat of a carnival atmosphere and this does not fit along CR75. Meyer commented that this type of use will bring people into town, but wondered if there could be some parameters set. Rieke stated that there has to be away to effectively manage this type of use as it is being done all over. He added that communities win when things,are done right. Weyrens suggested that this be considered by Special Use Permit so that it can be managed. She agreed that retail use does fit the area and these shops are very popular and draw large crowds. There were some questions about how the sales tax is paid. Schwartz advised the Commissioners that she is responsible for all sales within the shop. The vendor(s) would be responsible for paying that sales tax for all sales made at the outdoor market. Kalinowski stated that it seems to be consensus that the use fits within the zoning parameters by use of a Special Use Permit. Weyrens will work to schedule the Public Hearing. Weyrens addressed the sign issue as Schwartz had several signs up along CR75. The Commissioners were not willing to re-write the Sign Ordinance to allow for small advertising signs as such. Deutz advised her that she would be able to put up a black sign which she is allowed 40 days per year. Schwartz stated that, prior to the public hearing; she will get an agreement in writing from the neighboring tenant regarding parking. She questioned whether or not she will be permitted to hold her event the next three Sundays without a permit. No answer was given by the Commissioners. S_ & H Partnership -Site Plan Review: Weyrens presented the Commission with the revised development plan for the Graceview Apartments. She reminded the Commissioners that this matter recently went to mediation and through that process an agreement was reached allowing the developer to construct a 60 unit apartment complex and ten patio/town homes. The Agreement requires Planning Commission approval of the site plan. Based on the submitted plans, the project meets the requirements of the Ordinance, that being R3 for the apartment complex and R4 for the patio/town home development. July 06, 2009 Page 4 of 4 With regard to civil requirements, Sabart that he has reviewed the proposed civil plans and compiled a list of items that need to be addressed. With respect to the pond, Sabart stated that it has been enlarged to meet standards. McDonald questioned whether the ponds will be fenced. Sabart stated that although fencing them may deter those from entering the ponds, it makes it more difficult for emergency services, if necessary. He added that public ponds are generally not fenced. The remaining items are minor in nature and will be corrected with the final plans. From an Engineering aspect he recommended approving the development plan. When questioned about the procedure for approving the project, Weyrens stated that the Planning Commission is responsible for reviewing and recommending approval of the site plan. Upon the Planning Commission recommending approval of the site plan, the City Council will authorize execution of a Development Agreement which will acknowledge issuance of the special use permit, approval of the final plat and amendment of the PUD allowing for three structures on the townhome portion of the development. Weyrens stated that included in the information to the Planning Commission is an exhibit illustrating the original site plan and the revised site plan with the new orientation. The revised orientation does not allow room for any type of birming; however the new layout also protects the neighborhood from headlight pollution. She added that she requested that Linda Brown, Engineer for the Developer, prepare an exhibit showing the previous plans vs. the current plans. The main difference is the orientation of the building. Previously, the lights would have been directed towards the neighborhood; whereas, now they will shine into the building. McDonald asked for a color picture of the exterior. Dean Wick, Outsource Architecture, approached the Commissioners with a color drawing of the buildings. He stated that they tried to match the previous color scheme. He discussed the new layout for the building as well. Meyer made a motion to accept the Development Plan as presented to allow for the construction of one 60-unit apartment building and a 10-unit townhouse facility contingent upon clarification of the natural gas line and the drainage issues being resolved with the engineer. The motion was seconded by Deutz and passed unanimously. Discussion: Wick asked whether or not it is required to have fencing above the retaining wall. Deutz questioned the setbacks behind the pond. Sabart explained that generally there is a provision for single-family homes. In this case, the setbacks are adequate although they do not meet the pond design standards. It was stated that new trees will be planted on the property. Wick clarified that Dean Wick, Outsource Architecture, was hired after the mediation was settled and therefore, he sees no conflict of interest. Judy Meyer, 323 4~h Avenue NE, approached the Commissioners. She stated that five years ago they planted trees on the property being discussed. They had contacted the property owner, Bob Herges, and requested approval to plant trees on the lot adjacent to their property line. She is concerned that the trees will be removed and smaller trees will be planted. Sabart stated that originally the developer was reviewing the existing trees to see if they could remain. Meyer also expressed some concerns such as the depth of the ponds, the total number of buildings being constructed, the size of the trees and whether an escrow is required in the event that the trees would die. Sabart stated that the pond will be 7 feet deeper. He added that pond standards are stricter today than they were in the past. They need to be able to provide for additional capacity that is not there today. Adjourn: The motion adjourned at 8:30pm by consensus. Jud eyren ~~~~~~~ Ad ini trato