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HomeMy WebLinkAbout2001 [10] Oct 01 DRAFT October 1, 2001 Page 1 of 6 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, October 1, 2001 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Gary Utsch. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Mike Deutz, Jim Graeve, Kurt Schneider. Council Liaison Al Rassier. Administrator/Clerk Judy Weyrens. Others Present: Kay Lemke, Dorothy Court, Ellen Wahlstrom, Jim Krebsbach, Lance Honer, Bradley Torok, Art Reber, Richard Adams, Al Witte, Leo Buettner, Tom Borresch, Shawn Christen. Kalinowski made a motion to approve the agenda with the removal of item 7 (c), Approve Agenda: Public Hearing, Nancy Schmidt; seconded Deutz. Discussion: Weyrens clarified that Ms. Schmidt has withdrawn her request for a public hearing requesting a special use permit to secure a rental license. Schmidt has provided the City with an affidavit that the property will not be rented. The motion passed unanimously. Lesnick made a motion to approve the minutes of August 6, 2001 as Minutes – August 6, 2001: presented; seconded by Rassier and passed unanimously. Minutes – September 10, 2001: Graeve requested the minutes be amended to change the language on page three to state that Commissioner Deutz stepped down from his chair due to a conflict of interest, not a potential conflict of interest. Weyrens stated that the Commission cannot determine a conflict of interest. Therefore, the wording of potential is correct. Deutz stated that he does not feel it is a conflict of interest as the Planning Commission is only a recommending body and as such has no decision making power. If the Planning Commission had decision making power then it would be a conflict. The Commission agreed to leave the language as written. Graeve requested the wording on page two regarding Tanner System be changed from: When questioned if they have ever had any complaints from neighbors, representatives stated that they have always been good neighbors and do not have any complaints. TO: When questioned if they have ever had any complaints regarding contamination or fuel spills, representatives stated they have always been good neighbors and do not have any complaints. Kalinowski made a motion to approve the minutes of September 10, 2001 with the correction stated above regarding Tanner Systems. The motion was seconded by Lensick. Ayes: Utsch, Kalinowski, Lesnick, Graeve, Rassier Nays: None Abstain: Schneider, Deutz Motion Carried 5:0:2 Bob Herges – Site Plan, Development South of Kennedy School: Bob Herges appeared before the Commission to discuss his proposed development south of Kennedy School. Herges stated that he is in the process of completing the design work for the proposed development and questioned if the Planning Commission had any concerns before the plans are completed. Herges stated that since the preliminary site plan meeting the plan has changed to allow for three (3) apartment units rather than one large unit. Utsch questioned if the proposed development will have access to County Road 121(College Avenue South). Herges responded that the plat does not abut County Road 121(College Avenue South) and the College and Monastery of St. Benedict is not receptive to continuing a road from south of the proposed development to County Road 121(College Avenue South). Utsch stated that the City needs to establish an east/west corridor to move traffic from the neighborhoods to major arterials. The Commission was in agreement that the development must include more than one ingress/egress. Rassier questioned the Park dedication fee for the development. Herges stated that he has proposed to pave the walking trail system within the development and connect the trail to Klinefelter Park in lieu of payment. The path will be six (6) feet wide and improved with asphalt. DRAFT October 1, 2001 Page 2 of 6 Graeve questioned if the development will include any affordable housing units. Heid responded that the plat does include some dwelling units near $ 110,000 as well as apartment units that will be moderately priced. The Commission was in general agreement with the design of the development and encouraged Herges to move forward with the preliminary plat process. Doug Stang – Stang Custom Cabinets: Doug Stang appeared before the Commission to discuss the permitted uses in a General Business area and whether or not a cabinet shop is a permitted use. After considerable discussion the Commission determined that Stang could make application for a special use permit as it is similar in nature to other general business uses as stated in the St. Joseph Code of Ordinances. Stang stated that he has agreed to remodel the building and fix the exterior as part of his lease agreement. Building Official Nancy Scott questioned the type of work that will be completed in the facility. Stang responded that he will only be constructing the cabinetry in the facility and he will not do any finish work. There will be no outside storage and the garbage receptacle will be stored indoors. Scott agreed to meet Stang and complete an inspection to verify any code issues that will need to be addressed. If after the inspection Stang wishes to move forward he should contact the City Offices for an application for a Special Use Permit. Lance Honer, Re-zoning Request, Agricultural to Multiple Family: Utsch called the hearing to order and stated the purpose of the hearing is to consider re-zoning a parcel of property currently zoned A, Agricultural to R-3, Multiple Family. The zoning change is requested to allow the property owner to construct a multi-family dwelling structure. The property is legally described as: That part of the Northwest Quarter of the Northwest Quarter of Section 10 in Township 124 North, of Range 29, less the Northerly 26 rods thereof, and less that part thereof lying Southerly of the Great Northern Railway right-of-way, and less that part platted as Lot 12 of Auditor’s Subdivision No. 4, an Addition to the City of St. Joseph, and less railroad right-of-way, and subject to highway easement and other easements and restrictions of record. Containing 11.84 acres, more or less. st The request for rezoning has been submitted by Honer Partnership Inc., 21 – 21 Avenue North, Waite Park MN 56387. Lance Honer stated that the Honer Partnership is requesting rezoning to develop the parcel described above with mulit unit apartment buildings. The site will contain senior rental, market rate rental and student rental units. At this time Utsch opened the floor for comments and questions. There being no comments or questions the public hearing was closed at 7:50 PM. Schneider stated it is his opinion that before property is rezoned, the Planning Commission should be presented a site plan for development. He also questioned whether or not the proposed site is the best area for rental units. Schneider stated the Commission and City Council need to determine if the City needs additional R3 housing or if enough area is provided already. Utsch stated that rezoning at this time does not authorize the construction of an apartment building. Rather, it allows the property owner to prepare site plans for consideration at a PURD hearing. Any apartment complex over 12 units must be issued a Special Use Permit through a PURD process. Honer stated that his company is requesting rezoning at this time because considerable engineering must be completed before the property can be developed. If the property cannot be rezoned his company does not wish to incur the additional costs. DRAFT October 1, 2001 Page 3 of 6 Kalinowski questioned how many units would be developed on the site, and if Honer has prepared a site plan for development. Honer stated that he has not prepared a detailed site plan. However, he has a rough plan of how the site will be developed. Without any engineering details, it is anticipated to have a total of 55 units on the proposed site and the buildings will be constructed in a horseshoe design. Schneider again stated that he does not believe it is prudent to rezone property without first viewing a site plan. The City recently reviewed possible areas for R3 and this parcel was not included. Deutz responded that until recently this parcel was located in St. Joseph Township. Rassier stated that while he feels the proposed site is a good location for multiple family housing he too would like to see a site plan before rezoning any property. Rassier made a motion to table further discussion on the proposed rezoning until the November 5, 2001 Planning Commission meeting. The motion was seconded by Kalinowski and passed unanimously. Commissioner Deutz stepped down from his chair at 8:20 PM. Mike Deutz, Rezoning request, R1 Single Family to R3 Multiple Family: Utsch opened the hearing at 8:20 PM and stated the purpose of the hearing is to consider re-zoning a parcel of property currently zoned R-1, Single Family to Highway Business. The zoning change is requested to allow the property owner to sell or develop the property as commercial. The property is legally described as: Lot 009; Block 002 – Lots 9 & 10 Less E 107’ Block 2 Townsite of St. Joseph AND Lot 004 Block 013; Townsite of St. Joseph The request for rezoning has been submitted by Mike Deutz; PO Box 634; St. Joseph MN 56374. Deutz spoke on his own behalf. He stated that both the properties are currently student rental units and he would like the opportunity to develop both sites commercially. At the present time he is working with an individual to rent one of the properties but it will need to be rezoned. Deutz stated that it is his opinion that all the property abutting County Road 75 will eventually become commercial and should be rezoned as such. Deutz further stated that one of the properties abuts the commercial zoning district. At this time Utsch opened the floor for comments and questions. Jerry Hasselbrink spoke on behalf of property owner Art Klein, 103 Ash Street East. Hasselbrink stated that the property he is representing is occupied by two vulnerable adults and feels that rezoning the property would be detrimental to the character of the neighborhood. The neighborhood currently is a quiet family neighborhood and rezoning the property to the north of his clients’ property would destroy the family nature. The rezoning of these properties has the potential to have a domino effect on the remaining neighborhood. The City should be finding ways to keep senior citizens and families in neighborhoods, not destroy their character. The rezoning of the above mentioned property would also be spot zoning and any Planner can provide information that spot zoning is bad public policy. Utsch read a letter prepared by Dorothy Anderson of 103 Ash Street East. The letter stated objection to the proposed rezoning as she felt the neighborhood characteristics would cease to exist. She also questioned the motives of the Planning Commission and Council for making such a change. Schneider clarified that any property owner has the right to petition for rezoning. Even though Deutz is a Planning Commissioner, he still owns property and has rights as a property owner. However, Mr. Deutz is seated in the audience to avoid any conflict of interest. DRAFT October 1, 2001 Page 4 of 6 th Ellen Wahlstrom of 409 – 8 Avenue SE spoke in objection to the proposed rezoning. Wahlstrom encouraged the Commission to deny the request and retain the neighborhood characteristics. Wahlstrom is of the opinion that if the property is rezoned to commercial, Highway 75 will look like Division Street in St. Cloud. When driving down County Road 75 it currently has the appearance of a residential area and that is what the City should retain. st Doris Johnson of 35 – 1 Avenue NE stated objection to the rezoning request and clarified that the properties for which rezoning is being requested are not surrounded by rental units or commercial uses. Kay Lemke of 33 Ash Street East spoke in objection to the proposed rezoning. Lemke agreed that rezoning the property could change the characteristics of the neighborhood and requested the Commission deny the request. In her opinion this is a gradual encroachment upon the remaining residential neighborhood. Shawn Christen of 26 Birch Street East spoke in objection to the proposed rezoning. Christen stated that in his opinion the neighborhood is more residential than commercial and should remain that way. Christen further questioned the need for more commercially zoned property and stated it is his opinion the City does not need additional commercial property. Kay Lemke of 33 Ash Street East stated that if the property is rezoned, traffic will increase in the neighborhood creating a safety concern. Utsch closed the public hearing at 8:40 PM Lesnick stated that after listening to the public input it is her opinion the property should remain zoned R1 Single Family until a development plan has been submitted. Kalinowski stated that the Commission did agree to consider individual requests for rezoning along County Road 75. There are many businesses that could be placed along County Road 75 that would look residential in character, such as an insurance office or craft store. Deutz stated the house located at 24 Birch Street West is in dire need of repair. The best use for that property would be to demolish the home and construct a commercial building. Deutz stated it was his opinion that at the August 6, 2001 Planning Commission meeting the Planning Commission agreed to consider each request for rezoning along County Road 75 as they were submitted. One of the reasons the Planning Commission decided against for not rezoning the entire area along County Road 75 commercial is that residential property owners may face a hardship when trying to sell the property. Deutz is requesting the same consideration as a residential property owner. Rassier stated that he can agree to rezone the property at 24 Birch Street East to commercial but indicated st the property at 400 – 1 Avenue NE should retain R1, Single Family zoning. The property at 24 Birch abuts commercial property and in his opinion would not be spot zoning. However, the property at 400 – st 1 Avenue NE is in a residential neighborhood and changing the zoning would be spot zoning. Utsch concurs with Kalinowski that the Planning Commission did agree to review each petition for rezoning and reiterated the property abutting County Road 75 should be zoned commercial. Graeve stated his objection to the proposed rezoning and referred to the Goals and Objectives of the St. Joseph Comprehensive Plan. One of the first goals is to protect the residential neighborhoods, and the proposed rezoning of the property stated above in is direct conflict with this goal. Further, Graeve questioned the provision in the St. Joseph Code of Ordinances whereby 50% of the property owners must petition for rezoning before a hearing is considered. Kalinowski stated that the Ordinance refers to an amendment change, not necessarily a rezoning request. The Commission requested Weyrens to contact the City Attorney for clarification on the process for rezoning. DRAFT October 1, 2001 Page 5 of 6 Kalinwoski made a motion to table the rezoning request of Michael Deutz to November 5, 2001 at which time the process for rezoning will be clarified. The motion was seconded by Graeve. Ayes: Kalinowski, Lesnick, Schneider, Graeve Nays: Utsch, Rassier Motion Carried 4:2:0 Deutz resumed his chair at 9:05 PM Richard Adams, Comtrac Site Plan Approval: Richard Adams appeared before the Commission to request a lot split and site plan approval for a 7200 square foot building. Adams stated that he has signed a purchase agreement with Leo Buettner to purchase the southerly 400’ of Lot 2 Block 1 of the Buettner Business Park Plat. Adams stated that he owns a company called Comtrac, a specialty contractor fabricating communication towers. The executive offices are located in Backus and he is looking for an additional site for warehousing. In addition to the executive offices, he rents a facility in Paynesville. This is the facility that would be relocated to St. Joseph as it is more centrally located. The proposed site does not currently have electricity, but Comtrac will be working with Stearns Electric if the site plan is approved. The site has water and sewer but does not have a paved road. The future th improvements for the Business Park include the construction of 15 Avenue NE and Elm Street East. Adams stated that not having a black topped road to his facility is not a concern. Typically employees leave from the warehouse on Monday and return Friday. Comtrac has equipment to remove snow and they could also blade the gravel road. Weyrens presented the Commission with a letter from the City Engineer requesting that the road be improved before the site is developed. When questioned as to the time frame for construction, Adams stated that he needs to be operating in a new facility by December of 2001. Therefore, it is imperative that the Commission act on this matter at this time. Architect Brad Torok discussed the proposed building. The building will be approximately 7200 square feet constructed of steel and rock faced. Two drainage ponds will be provided on the site. The facility will be used for housing large equipment and materials and will have two small offices. The offices will consume less than 10 percent of the building. Since the roads are not yet constructed the driveways will be gravel also. Torok stated that until the elevations are known it is not prudent to install driveways. The parking lot is proposed as a second phase of the development, as Comtrac would prefer to wait until the roads are constructed. Utsch clarified that the St. Joseph Code of Ordinances requires industrial and commercial projects to have an improved parking lot that is striped. The Commission agreed that the property owner must complete the driveway in spring of 2002. Utsch stated that he would like to table this matter for clarification from the City Attorney and Engineer on outstanding issues. Adams responded that he cannot wait for a decision and one must be made at this meeting. The Commission had considerable discussion on the unimproved access and if it is prudent to allow development before roads are constructed. Included in the discussion was fire protection and concern was expressed that protection may be limited, possibly causing liability to the City. Deutz inquired the type of fencing that would be installed. Torok responded that chain link fencing with lathes would be installed. Deutz made a motion to recommend the City Council approve the lot split request and site plan for Comtrac, contingent upon the following: 1. The property will be screened with lathing 2. The driveway on Elm Street will be paved according to the direction of the City Engineer 3. Adequate ingress/egress issues shall be referred to the City Attorney and City Engineer for approval. DRAFT October 1, 2001 Page 6 of 6 4. Fire Chief and Building Official Approval 5. The parking lot will be installed as required in the St. Joseph Code of Ordinances. th 6. 15 Avenue NE will be constructed according to the plans of the City Engineer 7. The undeveloped portion of the property to the north will be maintained as green space and meet the guidelines of the St. Joseph Code of Ordinances The motion was seconded by Lesnick and passed unanimously. Tom Borresch, Building Addition Request: Tom Borresch appeared before the Commission to discuss his plans for expansion at the site located at 8856 Ridgewood Road. Borresch stated that he will take down the existing accessory building if he can add on to the existing building. Utsch stated that if he can meet the requirements, including the exterior requirements an addition is feasible. Borresch stated that he will install brick venire on the building to meet the Ordinance requirements. Scott questioned the time line for completion as the accessory building does not meet code and must be removed. Borresch stated that he is uncertain as to when he will complete the addition but he would have it completed no later than July 1, 2002. Scott stated that if the building is to remain even temporarily it must be moved as it is not designed to handle a large snow load. Rassier made a motion authorizing Borresch to make application for a building permit to construct an addition to the structure located at 8856 Ridgewood Road provided that the all the Ordinances and State Building Codes can be meet. The addition must be completed by June 1, 2002 and the temporary accessory building may remain until that time provided that the building is moved, or a liability release is given to the Building Official. The motion was seconded by Deutz and passed unanimously. Old Business: Weyrens reported that a Transportation Planning meeting will be established to discuss the proposed east/west road in Northland and the east/west road abutting Graceview Estates. Lesnick made a motion to adjourn at 10:30 PM; seconded by Deutz and passed Adjourn: unanimously. Judy Weyrens Administrator/Clerk