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HomeMy WebLinkAbout2010 [06] Jun 07June 7, 2010 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, June 7, 2010 at TOOPM in the St. Joseph City Hall. Members Present: Chair Sister Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Brian Orcutt, John Meyer, Dale Wick and City Administrator Judy Weyrens Others Present: Nadine Eller Hollerud, Colleen Petters, Jon Petters, Dean Schenk, Louis, Randy Erickson, Jim Krebsbach, Jeff Reiter, Leon Conradson, David Azy Approval of the Agenda: Deutz made a motion to approve the agenda as presented; seconded by Wick and passed unanimously. Minutes: Meyer made a motion to approve the minutes of May 3, 2010 with minor corrections; seconded by Deutz and passed unanimously. Code of Conduct: Mayor Rassier approached the Commissioners and stated that he has attended a meeting for each of the various City boards and commissions and his purpose is to present the recent code of ethics that has been approved by the City Council. He explained that Ordinance 29: Code of Ethics is a new Ordinance that mirrors the State Statutes of municipal code of conduct. In addition to the adoption of Ordinance 29, the Council adopted a policy statement on values. The value statements are s simply a guideline for the members of the various board and commission to use to do the best for the citizens of St. Joseph. He advised the members that no board member will be required to sign the value statements. Several of the Commissioners were concerned about the value statements and how they would be if enforced. Kalinowski stated that if they are not required to sign that document then it would be best to have guidelines included in the title. Meyer stated that once this is included in the Code of Ordinances, it is then enforceable. Rassier re- stated that the value statements are a separate document and are not included in the Ordinance. Rieke stated that he thinks the intent is good, but the wording seems to be causing some issues for some of the board members. Rassier stated that this information will be distributed to all new board members to let them know what is expected of them. Deutz questioned where the City extracted the language for the new Ordinance and Value Statement Policy. Weyrens explained that this document came from the League of Minnesota Cities and has been revised a little bit and some of the suggested value statements were taken out. She added that the value statements are meant to be more aspirational in nature. In conclusion, Rassier thanked all those that have volunteered to serve on the various boards and commissions. Public Hearing, Interim Use Permit — Randy Erickson 519 Graceview Drive: Kalinowski opened the Public Hearing. Weyrens stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental at 519 Graceview Drive E. The property is legally described as Lot 24 Block 3, Graceview Estates. 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. All persons wishing to be heard will be heard with testimony limited to 5 minutes. The request for Interim Use has been submitted by Randy Erickson, 519 Graceview Drive E. June 7, 2010 Page 2 of 4 Erickson approached the Commissioners and stated that he is asking for permission to have some friends live with him to avoid losing his home. Leon Conradson, 511 Graceview Drive E, approached the Council on behalf of the Graceview Estates Homeowners Association. He questioned whether Erickson actually lives in the home as the blotter recently reported that a citation was issued for renting without a license. Erickson replied that he is living there. Conradson also stated that based on the recorded covenants for Gracview Estates, property owners renting a portion of their home must provide the homeowners association with a copy of the lease and the lease must be for a period of one year. The homeowners association also requires the property owner to provide the tenants with a list of the associations' rules and complete a background check on all tenants. Conradson stated that, recently, he has noticed that the police have been there three times, to which Erickson stated all outstanding issues have been resolved. David Azy approached the Commissioners on behalf of Access Management which is the property management company that manages the Graceview Estates Association. He, as well, advised Erikson that he must do a criminal background check on his tenants and stated that Erickson is overdue on his dues. He stated that those dues should be paid if he is going to rent that property. Azy stated that he was reading some of the documents online on which there is an Albertville address listed and added that he has received numerous phone calls regarding this address. Until Erickson complies with the rules of the Association, they do not believe that he should be granted an Interim Use Permit. The public hearing was closed. Rieke stated that this is the first time that they have had someone from the local association comment regarding a proposed Interim Use Permit. He feels that it is important to listen to what they have to say, but it is not relevant to what happens at the Planning Commission. Weyrens stated that the Graceview Estates Association is run very well; however, she added that the City cannot regulate or withhold an action because of their rules. She added that, in the past, the Commission has packaged approval of the Interim Use in such a way that one violation could cause it to be revoked. Deutz questioned what type of violation could cause it to be revoked. The police simply being there is not a violation of the rental license. He feels that the Commission needs to give him some direction. Orcutt agreed and stated that he has not had any other violations except for renting without a license and added that the Association rules are not for the City to enforce. Meyer added that the Association should not expect either the City Council or the Planning Commission to enforce their rules. Meyer made a motion to authorize the Planning Commission Chair and Administrator to execute the Findings of Fact recommending the Council issue an Interim Use Permit to Randy Erickson to operate an owner occupied rental unit at 519 Graceview Drive. The motion was seconded by Deutz. Discussion: Weyrens clarified that this will appear on the annual review of Interim Use Permits each August. She also advised the Commissioners that the citation was paid. Deutz questioned Azy as to whether or not the association has the right to say no based on a criminal background check. He was advised that they do not have that authority. The motion passed unanimously. Request for Relief from Parking Standards — Silver's Equestrian Outfitters LLC: Nadine Eller Hollerud approached the Commissioners and stated that she will. be starting a Tack Shop at 38 E Birch Street. She is requesting relief from the Parking Ordinance which requires paving and perimeter curbing for parking areas. Due to the cost of the improvements and starting a business, she is requesting relief for a period of up to two years. Weyrens advised the Commissioners that she spoke with the City Engineer regarding this request and he stated that this area is scheduled for a street improvement project in 2014. The improvement project would include utility work and street reconstruction. Weyrens also stated that at this time the property owned by Hollerud abuts gravel alleys on two sides, including the parking lot access side. Meyer stated that she is only asking for relief for two years, but it looks like it may be four years before the City constructs any improvements. June 7, 2010 Page 3 of 4 Meyer made a motion to request the City Council to execute an agreement providing the property owner two years to complete the parking lot requirements. The motion was seconded by Rieke. Discussion: Kalinowski clarified that this will include a review in two years to see what the City's improvement plan is for this area. The motion passed unanimously. Concept Plan, CSB Villages — Collegeville Companies: Colleen Hollinger Petters approached the Commissioners to present their concept plan for the Village at CSB. She stated that they are the developer of the Millstream Shops and Lofts. She introduced Jim Krebsbach who is in charge of development at Collegeville Companies and Jeff Reiter who is responsible for construction and is a project manager at Gohman Construction. She stated that they are not presenting a formal PUD; rather they are looking for support of their concept plan prior to moving forward. Petters stated that they were originally requesting a rezoning, but stated that they are now withdrawing that request. Petters began by giving a brief overview of the project history. The original concept was completed in 2001 and since then there have been several changes. The original site plan in 2007 contained 3 -story buildings and many single family homes. That was then modified in 2008/2009 with the home types being altered, changes in street layout and included walking access to downtown. There seems to be less demand for single - family homes and people are becoming more interested in smaller, attached homes. The most recent concept includes more attached homes and a proposed assisted living center as there are not too many options for assisted living within St. Joseph. She stated that, recently, they distributed 50 flyers to abutting property owners and held an informational meeting with the residents to discuss their concept. They discussed various items of concern such as building height, light pollution, etc. They advised the residents that they would keep them updated as the project continued. Petters stated that they eliminated the higher apartment building and have considered a berm containing a sodded hillside with trees between the villages and the abutting properties. They also plan to create streets that are a little more "calm ". Reiter approached the Commissioners to give a brief overview of the project. He stated that he has been working with Collegeville Companies for the past few years. The housing mix will consist of 80% seniors [age 55 +] and 20% age 30 +. The project will include utilization of green initiatives looking at different options for heating and cooling systems and alternative street lighting. Reiter explained that they would like to be able to construct a central windmill for energy production and added that they are currently working with Stearns Electric to incorporate different options. After doing some research, he stated that they are shying away from multi -story units as seniors want one level. They are considering 1 and 2 bedroom units with attached garages. Reiter explained that they may construct multi- housing units consisting of 5 different dwellings. They will begin construction of phase 1 along Callaway and the conceptual plan includes an assisted living facility which is contingent upon demand. Wick questioned the use of geothermal heat and wind power and where that would be placed within the site. Reiter stated that the geothermal heating is located under each unit and is vertically drilling. Weyrens questioned the size of the proposed assisted living facility to which Reiter stated 30 max. Deutz questioned Reiter as to how many associations will be formed and he was advised that it would all be part of one association. Weyrens asked Petters for clarification on the withdrawal of the rezoning request to which she stated that they need to do some further research before applying for the rezoning. Wick questioned what the width of the road would be and Reiter responded that the PUD will meet all City Ordinances. He stated that it is the intent of the plan to have private drives. There were some questions about allowing for the rental of 1 '/2 story homes as well as whether assisted living is a permitted use under the R4. Weyrens stated that it would work with either the R3 or the R4. Kalinowski questioned the timeline for the project to which Reiter stated that they would like to get five homes in the ground by fall, if everything falls into place. Jim Krebsbach approached the Commissioners to discuss the benefits that this housing development would have on the community. As mentioned earlier, Krebsbach stated that they held a neighborhood June 7, 2010 Page 4 of 4 meeting and it was nice to hear all of the positive comments. Many of the people that attended talked about people that they know, or themselves, that may be interested. He added, that this development would offer another alternative to housing in St. Joseph. Research shows that people like to be downtown and, as a result, this would be an attractive lifestyle for a number of people. Petters stated that they would like to know, as a Planning. Commission, could they support them with this project, based on what they already know and understand. Meyer commented that he thinks this would be a good asset for the community and a smart business move. Deutz agreed and added that he has some fears due to the last apartment fiasco and stated he does not want to go down that same road. Wick added that he has received several comments that St. Joseph needs assisted living facilities. Meyer stated that the issue with the Graceview Apartments is that it was on the original concept plan, but residents claim they were unaware of that. Petters replied that they want to be good neighbors and improve the City. Orcutt commented that it should help that this is all part of one association. According to Wick, the rules have changed from the former PURD to the current PUD process. Kalinowski stated that she thinks this is a nice plan. Petters stated that their plans have evolved a lot and they believe that the future residents will be happier. She added that they plan to have their formal application submitted within two weeks. OLD BUSINESS Tom Borresch. Interim Use Permit: Weyrens advised the Commissioners that Tom Borresch recently met with the Building Inspector and the Public Works Director regarding outstanding site conditions. Borresch has removed the accessory building that was constructed in the Rail Right -of -way and he is working on restoration. In addition the accessory buildings for sale have been moved to behind the existing sidewalk, outside the front yard setback. Borresch has requested additional time to complete the necessary work so that both of his properties are in compliance with the Ordinance. North Country Trailer Sales: Weyrens reported that they are working to revise their site plan and they need to come back with a two -year parking plan. Transportation Corridor Overlay: Weyrens stated that the proposed changes to the Transportation Corridor Overlay District will be distributed at the next staff meeting. She suggested putting items back into either the B2 or B3 ordinance as they relate and do away with the Corridor Overlay as it is too easy to lose that Ordinance. This will be brought back for discussion at the July meeting. Value Statements: Rieke questioned whether or not this statement of values has already been put through the Council to which Weyrens stated it has. She advised the Commissioners that the piece entitled Ordinance 29 is an Ordinance. Wick added that the Resolution is just a statement of values. July Meeting: Due to the fact that the July meeting falls on a Holiday, the next meeting will take place on Tuesday, July 6. Adjourn: The motion was adjourned by consensus.