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HomeMy WebLinkAbout[03] MinutesJ c-rrv ors sir dc~-M vx MEETING DATE: AGENDA ITEM: SUBMITTED BY: October 5, 2009 Planning Commission Agenda Item 3 Minutes -Requested Action: Approve the Planning Commission minutes of August 31, 2009. Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: None BUDGET/FISCAL IMPACT: ATTACHMENTS: $0 PC Minutes -August 31, 2009 None REQUESTED COUNCIL ACTION: Approve the Planning Commission minutes of August 31, 2009. August 31, 2009 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 31, 2009 at 7:00 PM. Members Present: Acting Chair Mike Deutz, Ross Rieke, Mike McDonald, Brian Orcutt, John Meyer, Dale Wick, City Administrator Judy Weyrens Others Present: Bob Loso, Don Fischer, Ryan Lieser, S. Kara Hennes, Dan & Jean Nierengarten, Dean Virnig, Bryan Virnig Approval of the Agenda: McDonald requested deletion of the following: 8. Banner Request -Millstream Arts Festival Meyer made a motion to approve the agenda with the deletion of the banner request. The motion was seconded by Orcutt and passed unanimously. Minutes: Wick made a motion to approve the minutes of August 3, 2009 with minor changes. The motion was seconded by McDonald and passed unanimously. Deutz stepped down to conflict of interest. Public Hearing, Special Use Permit -Mike Deutz. 31 Minnesota Street W: Acting Chair Ross Rieke called the hearing to order and stated that the purpose of the hearing is to consider an amendment to the Special Use Permit issued on July 16, 2009 providing relief of the exterior requirements to include parking and landscaping. The Special Use issued on July 16, 2009 allowed for a mixed use of residential and commercial. The property is located at 31 Minnesota Street W. The request was submitted by Mike Deutz, PO Box 634, St. Joseph, MN 56374. Rieke opened and closed the hearing at 7:00 PM as there was no one wishing to speak. Weyrens stated since the Council approved the Special Use Permit on July 16, 2009 for the mixed density at 31 Minnesota Street West, the property has changed ownership. While a Special Use Permit remains with the property and is transferable, the conditions of the permit issued must be adhered to. If a property owner intends to modify the conditions, an amendment to the Special Use must be completed. This process would include a public hearing and restatement of conditions. In the matter before the Planning Commission at this time, Mike Deutz has purchased the property in question and is requesting relief on the requirement to complete the exterior requirements in 2010. While he is not opposed to completing the improvements, he is not sure the future use of the building and if it is financially feasible to rehabilitate the property. This property is also in the redevelopment district and before additional capital is invested in the property he would like additional time to review options. McDonald stated that he has seen a remarkable transformation of the property since Deutz has purchased the property. The garages have been removed and the parking area has been graded. In addition the interior of the building has been improved for occupancy. Given the current market, he stated that he understands why Deutz is requesting the amendment. Wick stated that they need to figure out if there is a date for when the landscaping and paving is to be completed. Deutz stated that Weyrens did a good job of summarizing where the property is at and why he has done what he has. He added that there are some issues with the property. For example, there is not enough water for a huge user. They plan to keep the area clean and get a tenant for the lower level. If that happens, he will do something with the parking lot. Orcutt questioned whether they will need to have the exterior completed by 2010, to which Weyrens stated that the proposed Resolution of Findings offers an alternative date for completion. The date was based on the request from the applicant. Deutz clarified that the previous property owner had a tenant for August 31, 2009 Page 2 of 5 the lower level so the exterior completion date worked for him, whereas he does not have a tenant for the lower level. He further stated that he would like to revisit this in a couple of years or when/if a tenant moves in. McDonald questioned the contingency relating to the ratio of residential dwelling units to commercial space. Weyrens clarified that, at no point, could they have more than 50% of the space used for residential. According to Deutz, there are several other buildings which have the same layout with commercial on the lower level and rental on top. Meyer agreed with the developer [Deutz] and stated that it is a tight market for rental properties right now. He added that he is in favor of waiting until a tenant comes along. Meyer made a motion to approve the Resolution of Findings recommending approval of the amendment to the special use permit issued on July 16, 2009 providing relief of the exterior requirements to include parking and landscaping with the following contingencies: 1. The property shall remain in compliance with the St. Joseph Code of Ordinances regarding the ratio of residential dwelling units and commercial space. 2. The property owner will not be required to pave the parking area or complete a landscape plan until September 30, 2012. 3. The property owner will submit development plans to the Planning Commission before completing the paving and landscaping. The motion was seconded by Orcutt. McDonald asked for clarification of the deadline for the exterior improvements. Wick advised him that they are recommending approval of the contingencies stated in the resolution of findings. Wick stated that if the space is leased, he would need to bring a development plan back to the Planning Commission. Meyer added that there are some real challenges to putting a tenant in that building. The motion passed unanimously. Mike Deutz resumed his Chair. Public Hearing, Interim Use Permit -Child Care Center, ISD 742, 124 1St Avenue SE: Acting Chair Deutz called the public hearing to order and stated that the purpose of the hearing is to consider an interim use permit to allow for the operation of a child care center in a Public Zoning District. The proposed child care center will be located in the former Kennedy School Building, located at 124 1St Avenue SE. The request was submitted by St. Cloud School District 742, 1000 44th Avenue N Suite 100, St. Cloud, MN 56303. Weyrens stated that St. Cloud District 742 submitted an application to allow a day care facility in the former Kennedy School building. The property is currently zoned Public and as such the use is limited to public entities. In discussing the matter with the City Attorney, the City could allow the continued use of a portion of the facility as child care by issuance of an Interim Use Permit. When the facility was operating in the former Kennedy School Kid Stop operated child care. Weyrens clarified that if the school or a public entity no longer owns the property the new property owner would be required to rezone the property. The public hearing was opened. Don Fischer, 235 4th Avenue SE, approached the Commissioners with some questions relating to the proposed request for Interim Use. He questioned the following how the property is currently zoned? He stated that this was already answered, Public. He wanted to make it clear that if the property were to be sold, the new owner would need to have the area rezoned if it was to be used for commercial/business uses. He stated the he would like to hear from the Planning Commission as to the degree to which this will influence future potential decisions for the future of this property. According to Fischer, he is not against the day care; however, by approving this permit this is essentially approving a commercial use. August 31, 2009 Page 3 of 5 Meyer advised him that any future use would be entirely up to the school district as the City does not have control of the property. There was some talk of the City obtaining this property for some type of use. Fischer added that this is making it easier for the school to request that this area be rezoned. Deutz advised Fischer that rezoning of the property is not on the table for discussion at this time. Gladys Schneider, 118 3'd Avenue SE, also approached the Commissioners to state her concerns about the former Kennedy School site. She stated that she does not have a problem with the daycare. She is, however, concerned about the three buildings that remain on the back of the building that were to be used temporarily and have not yet been removed. McDonald stated that he heard that they took off the ones that did not belong to them. Schneider stated that it does not make sense to her that the building was no longer good enough for students, but it is good enough for a day care. Weyrens will review the conditions of the temporary buildings and send a letter to the School District, if necessary. Fischer added that perhaps a condition be placed on the permit to include a date for the removal of the temporary buildings. Dan Nierengarfen, 110 1Sr Avenue SE, stepped up and stated that he would like to hear more information about the proposed daycare facility. Amy Voss, Little Saints Academy, approached the Commissioners and the public to give a brief overview of the proposed child care center. The proposed center will have approximately 80 children in 5 classrooms. They will be entering through door number 3. She added that they plan to work with the College of St. Benedict and St. John's University for a fine arts curriculum. They will create about 20 jobs, both part-time and full-time. The children will range anywhere from 6 weeks to 6 years. She assured the Commissioners and the public that they will not overlap with the current Kidstop Program. They will be leasing 4,657 square feet from the School District. Nierengarten approached the Commissioners and asked whether any changes will be made to the speed limits or parking in the area. There seems to be adequate parking with the parking lot in front and to the side. When Kennedy School was in operation, there was parking on both sides of the street as well. He stated that he would like to see cars parking in the parking spaces rather than on the streets as it makes it difficult to see with the cars on the streets. Voss stated that, to begin, there will be approximately 4-6 staff members, with a future anticipated staff level of approximately 12-15. She stated that there is adequate off street parking and she added that she can mandate that staff park in the parking lot. Fischer recognizes that there will be an increase in traffic volume. He questioned the maintenance of the exterior of the building. Voss responded that the School District would be responsible for the maintenance of the exterior of the building as well as the inside, excluding the portion that they are leasing. She added that if there are any mechanical issues they would be the responsibility of the School District. Schneider questioned why they are not choosing to use the main entrance. Voss replied that she would love to use the main entrance; however, they are sticking a lot of money into this venture and if the building were to be sold, they would like to remain as a tenant. She stated that if there was a new owner, she assumes that they would like to use the main entrance themselves. Voss stated that this is a really good fit for them. Fischer then questioned the issue of signage and how they will direct parents and clients to the proper area. Voss advised the Commissioners that her lease does allow her to put a sign on the building. She added that they are planning to put a laminated sign near the entrance and possibly one on the corner of College Avenue and 15' Avenue SE. Deutz closed the Public Hearing. Meyer addressed the issue of the temporary classrooms. He questioned whether it is possible to tie the Interim Use Permit to the removal of those buildings to which Weyrens stated it is. She stated that she would review the terms of the Special Use Permit for the temporary buildings and includes the information August 31, 2009 Page 4 of 5 when this matter goes before the City Council. Rieke stated that the School District would most likely remove them, if necessary. Weyrens stated that she notify the School District that they must be removed prior to Council approval of the Interim Use Permit. Wick questioned what is worse -the mis-matched buildings or the concrete wall once the building is removed. For clarification, Deutz questioned if the issue is the look of the temporary buildings. Schneider stated that they do not look good. McDonald questioned whether taking them down would make it look worse and whether it may be better to fix them up and make it all look good. Weyrens was advised to look into this. McDonald questioned the Resolution of Findings presented to the Commissioners. The contingency stated that the Interim Use Permit could expire at the time the School District sells or transfers the property to a developer other than a Public Entity. He questioned why it is different for public entities. Weyrens stated that she took that from the intent of the use of the public zoning district. The Commissioners agreed that it should expire when there is a sale or transfer of the property. There were no objections to the use of the property for the proposed use and this is a growing opportunity for the community. Meyer questioned whether this will be taxable to the School District. Weyrens advised the Commissioners that the portion that is used as revenue will be taxable. Deutz questioned the speed in that area and whether or not it is labeled as a school zone to which Weyrens stated it is not. She will have the Police Department look into this issue. Rieke stated that it is important to have a speed limit, but it may be a better idea to manage parking and help coordinate the flow of traffic. Meyer stated that, based on the ages of the children, the parents will need to park the vehicle when dropping them off. Deutz suggested a loading or unloading zone to which Wick suggested possibly updating the current no parking signs with signs indicating that area as a loading zone only. Wick made a motion to approve the Interim Use Permit based on the following stipulations: 1. The Interim Use Permit would expire when the property is sold. 2. The current Permit allowing the portable classrooms is verified for compliance. 3. The current no parking signs be replaced with signs indicating drop off only. 4. Employees are required to park in the designated parking lot. The motion was seconded by McDonald and passed unanimously. Public Hearing, Interim Use Permit -Brian Virnig, 418 Elena Lane: Deutz opened the public hearing at that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental at 418 Elena Lane. The property is legally described as Lot 5, Block 2, Graceview Estates 2. 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 is 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. The request was submitted by Bryan Virnig, 418 Elena Lane, St. Joseph, MN 56374. Virnig approached the Commissioners and stated that he is requesting a permit to allow him to have two renters. The property will be owner occupied and he has submitted all the paperwork. The Public Hearing was opened and closed at 7:45 PM, as there was no one wishing to speak. McDonald stated that the application meets all of the criteria. Rieke questioned how long he has lived in the home. Virnig replied that they purchased the home this summer. August 31, 2009 Page 5 of 5 Meyer made a motion to recommend Council approval of the Interim Use Permit to allow an owner occupied rental for Brian Virnig, 418 Elena Lane. The motion was seconded by Rieke and passed unanimously. Interim Use Permit Renewal: Weyrens advised the Commissioners that since the last Planning Commission meeting two additional property owners have requested continuation of their Interim Use Permit regarding rental licensure. The property owerns are Thomas Ortmann 308 -10th Avenue SE and Ryan Lieser 403 - 1~t Avenue NE. In reviewing the properties neither have been in violation of Ordinances and they have submitted all the required application material. The Interim Use Permit issued to Lieser is to operate an owner occupied rental. The property is zoned as B2 and when Lieser applied for the IUP the Ordinance allowed the single family use to continue, thereby he would be required to reside at the property if he intended to rent a portion of the home. While Lieser currently resides at the property, he has submitted a request to convert his property to a non-owner occupied rental. Weyrens suggested that a Public Hearing be held next year to transfer the classification of rental to non owner occupied. Therefore, if during the current license year Lieser does not reside at the property he can continue the rental license until August 14, 2010 at which time a public hearing will be held. McDonald made a motion to recommend approval of the Interim Use Permits for the following: Ryan Lieser 403 18t Avenue NE Thomas Ortmann 308 10th Avenue SE The motion was seconded by Orcutt and passed unanimously. Special Meeting: Weyrens stated that she would like to schedule a special meeting with the Township during the week of September 22-25. The Commissioners suggested September 22. She questioned whether they would like to seta 2"d meeting to discuss Ordinances or if they would like to discuss it at the regular meeting on October 5. The Commissioners came to consensus that they would like to discuss the Ordinances on October 5 and schedule a special meeting, if necessary. Adiourn: Wick made a motion to adjourn at 7:50 and the meeting was adjourned by consensus. Judy Weyrens Administrator