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HomeMy WebLinkAbout[03] Minutes November 5, 2007 Page 1 of 3 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, November 5, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Bob Loso, Commissioners Ross Rieke, Sr. Kathleen Kalinowski, Dale Wick, Jim Graeve, City Administrator Judy Weyrens Others Present: Donald Sheely Aqenda: Graeve made a motion to approve the agenda; seconded by Kalinowski and passed unanimously. Minutes: Wick made a motion to approve the minutes with minor cor~~;gtlonS~;J"he motion was seconded by Graeve and passed unanimously.-:(-:~;(:;{ ,-,' ::;<:~~~~~~;::::;:~:@@;t:':~:~ t, Public Hearinq - SRM Preliminary Plat: Chair Loso called the hearil1~fto ordeN~n,d stated the purpose of the hearing is to consider a preliminary plat entitled SRM. The plat 'Is;:~n adminl$ltC3tive plat for the purpose of clarifying legal descriptions. The proposed plat WCi$:.subrnifted by the"Q,jtY<pf St. Joseph. Weyrens stated that the proposed plat is a result of the recent development plan of'SAn.~rer Trucking. Scherer Trucking requested approval to construct an adcl.iH6n to the .existing office. Ttl~':(j9tconfiguration of Scherer Trucking required that two lots be combin~d:'sci:the proposec1, expansion did rloF6t6'ss a property line. ":. :.:,':'" .i;i" ,'i;,~,>. <',x.',,,..... ,....~':..'(.',' ,'.\":,",''' Weyrens suggested that the entire parcel owned by Scherer Truc~in,g be platted along with the adjoining property owned by Molus and Reber. The prqperty owned by Molus..~D.d Reber is currently metes and bounds and the platting process would claritYJhe;lE3gCiI. Weyrens furi:h~f'stated that when the ROW for 1ih Avenue was secured, the roadway was corisfrucf~dtbrough propertYPlJFchased by the City, Platting the abutting property would also dedicate the 12'~;Av€muE!,gQ\N. The plaUlrig process would not change the property lines or zoning, only clarify the legafqescriptiqn};;H:H::::,:.,:(., .. i The Public Hearing was op'~,r:ledC3p~pl.osed as no bh,fpresent wi~hed to speak. ....,. ",' Kalinowski made a rl1()!iQI1 to recoh~mend City CoJ'l1cil approval of the preliminary plat entitled SRM. The motion was secOnded by Rieke and passed unanimously. ";,;'>i.:'/\'.. /'.:':"" '..._.. ;:::.:~::<.. ,......."" ... ,-,. Public Hearinq - District 742 Sbecic3iUse:Perrtlrf::Loso:stated the purpose of the hearing was to consider a Special Us~.:PerrhitJ9,~.1I9W for tl1@.J.l1,stallationandoperation of a wind turbine at the site of the New School. Trier'request was#~brnitted'6ri:t:>.~.half of ISD 742 by Winkelman Environmentally Responsible Cons~rlJqt!Rn of Brainerd. "':;:if:::~;"'H ......:::.,..: . The hearing;Yt~e, opened to the..@.bliC. ,):. ",.",.". .,,'" . Donald Sheely'i:i'ppr:()ached the Gommissioners on behalf of the School District and Winkelman Environmentally Respqnsible C.c:>hstruction. Scheeley stated that the wind turbine will be located to the north of what will be th~.Kil1g.e.rgarten rooms. The turbine will provide minimal energy and will be used as a learning tool iIIustratingJpeeffectiveness of alternative energy. Scheeley stated the tower will be approximately 45' in hei~hfand meets the setback requirements stated in the Tower Ordinanance. No one present wished to speak and the public hearing was closed. Loso questioned how many towers will be constructed to which Sheely stated that there will be just one; however, there will be panels on the roof for solar energy. He added that there are no plans for any additional towers on the school site. Graeve stated that he believes the wind turbine is a good idea as it will be an educational tool. Wick agreed with Graeve. He questioned whether the permit allows for the authorization or the construction as well to which Weyrens stated it would allow for the construction of the turbine. Wick stated that it appears November 5, 2007 Page 2 of 3 that the tower will be 45' high and, based on the installation guidelines; maximum benefit is received when the tower is 20' above surrounding obstacles. Wick stated that based on the submitted plans, the base elevation is 1072' and the gymnasium is 48' high which means that the tower should be 68-70' high. Therefore, Wick questioned Sheely as to whether or not the turbine will have the needed turbulent air flow or if Scheely has any concerns. Scheeley stated that the School did explore constructing a 60' tower, but opted to construct the 45' towner. The prevailing winds will be out of the Northwest and there are no obstacles in the way of the turbine. Scheeley stated that the turbine will meet the needs of the School District. Rieke questioned whether the contractor can apply for a special use. Weyrens stated that the permit would be issued to the school as they are applying for the permit on behalf oL!be'l..school. . ",::~:f:~:::' '.','.' ."-/.~~~:~,\ Kalinowski stated that she likes the design, but questioned the curvature;{S,heely stated that it is curved to minimize the wind. She also questioned the color to which Sheely st~1@dt(YJ.8y'.ld be white. '.'..'''/: "~<.::.>:,;.>:\.. With respect to noise, Loso questioned the noise level of the tU~t>i~~:.~t:,SheeIY'sf~~e~ that the noise will be approximately 50-60 decibels which is the equivalent of windp!bwing 'past the eaEi.AtJ 00' away, the noise would barely be audible: He then questioned how m1l9t1power will be genercHe.d.:py the turbine. Sheely stated that it will generate approximately 400 k\IY{bpurs/montp, which would be:~ti9.ygh,to power a small house. Due to the fact that it will not provide enoOgh)p9:wer to p!;>wer the entire school}J..:oso questioned the purpose. Sheely stated that it will help withthe'power:a.Ft~e school as we 1,1 as allow them to get credits from the power company and to be an educati6n:~I;to()Las well. Graeve questioned how much power would be generated if it were 60' tall instead. SheeIY:W~s unsure as to the additional power that would be generated. To answer Loso's:q1.J~stion, Sheely stated::m9~ this unit will cost approximately $15,000 installed.\ii:1W~i@;t:!::!::).:":'. ... '.,. . Wick made a motion to recommend the Couh'~i1 a:p'pr'qV~<t~e Special[Use Permit as submitted by Winkelman Environmentally Responsible Cor"~~ructi<:)ri;:Ohl:Jl:!,b;)lfofDistrict 742, allowing the construction and maintenan,8~,.c>..f a wind turbiri~at;the newscngol site. The motion was seconded by Kalinowski and passe,e:::~naQi..Tgu.s'y, ~;.j:.' ..,.;;:.:. ',,'<\' Interim Use Moratorium;:"VV~yrens sUppt!ed the commis~ioners with a map illustrating the rental properties as well as the InteriniUsee$t.rpits witbfn the City of St.Jo?eph. The majority of Interim Use Permits are located in the core of the CifYi~i:'iN~yr$Q'~';'Cl.ls9J)r.esented'Hle Commission with information from other Cities as to ho\Yr~.I'lJc:llllnits are:'rna.:6:agEkf:';We:iYr~9~.$Oggested that the Commission either limit Interim Use Permits,:basecf:Oh:the.percentage,of the blocKwhere they are located or increase the ownership requirem~6t' The City'Wa~:'s~~n ariiWRf~pse of unlicensed rental units and the majority of the issues relatec:lr9~rd a parent and:stu(j~nt purcM~ipg'a rental unit and then adding tenants. The City is currently in thepro~.~.~~.. of prosecuting @g{ental ~?jts that have not complied with the Ordinances. Loso stated fh~(iQ.his opinion, amending the Ordinance to require 100% ownership would solve the current rental is'su~l),. Wick agre~d and stated that the City should also require recorded documents with the application detailing the oWQership. Weyrens stated that currently there is one applicant that has been playing games with the.i<r~c;9rded deeds to allow for more density. She suggested that, each year, the City verify the abstracts'~l~.~fecorded by the County. She also suggested that these applicants pay a higher renewal fee to allgwthe City to verify the abstracts. Graeve questioned how many properties are in violation of the rental ordinance. Weyrens replied that there have been 3 in the past 6 weeks. Wick stated that it would also be a good idea for the City to review its fine schedule to possible tie fines to the homeowner and the tenants. Weyrens stated that these fines are issued as administrative tickets and they are pursued criminally if not paid. Weyrens stated that the City staff would like to make some possible changes to the Ordinance and bring it back for Planning Commission review. She added that the Building Official will be reviewing Ordinance 55 as well since it has not been updated for a while. The Planning Commission will meet on November 26 to review this again. November 5, 2007 Page 3 of 3 R4 Development Standards: Weyrens stated that previously the Planning Commission reviewed a concept plan for the development of a senior housing project. The Planning Commission requested that the R4 Development Standards be placed on the agenda for continues discussion and possible amendment. Loso stated it is his opinion that the request for Ordinance Amendment is being considered for one developer and he is not in favor of changing the Ordinance for a particular development. Wick stated that when looking at the R3 Ordinance, the 20 acre requirement for the PUD does not apply; however, it does apply to the R4 Ordinance. He questioned whether the City wants 20 acres of patio homes or the required number of acres should be removed to be consistent with the R3 Ordinance. Kalinowski concurred with Wick and stated that R3 and R4 are high densitym9J!iple family zoning districts and the minimum standards should be consistent. Therefore she too agr~~~ith'afttJe 20 acre minimum should be reviewed. Weyrens clarified that eliminating the minimum acr~~ge requirement does not relieve PUD requirements and the Planning Commission still has the,.?BillfQ:lpmanage the land use. /l.'.';~;.i 'j!/).'/\'/.';A, ~~;~;~::~:::;~:,.' ,,:;;~t;:::;::;:~:>;>{ The Commission discussed the green space requirement and 'v\,'p,etll'er or nofhql~iD9 ponds should be allowed as green space. Weyrens stated that St. Cloud allo,%,~';th)~(to\'a certain eX!~Q!,;,Whereas, other cities do not. Graeve stated that the concept plan presente,J:j,':t6 the Commission utiliZ:~g;~wayles as green space. Rieke stated that allowing holding ponds as gre~Q{~pace max allow for creativ~t~~~!gn", .:,';;~~~:..(::~t:~;:::::: :;:::\" \:::~\" '\;;::::~;;;~::~;:;::::~w,' Weyrens suggested that the Planning Commission condu2t:~>R,yblic,kj~aril1g for the propq'~~d changes to the R4 Ordinance to use the same language as in the R3 Ordirl"~D9#:relating to minimum"acreage. Loso questioned whether the intent of the Ordinance was to use a pd[f;~.itso the Ordinance should not be amended. Loso stated that he does not suppqr:t waiving the minimUjn;@creage requirement. Weyrens stated that the intent of requirement to utilize't@'BPP process in a R4l';'?o'n.ing district is to provide for a mix of housing. When the Ordinance was deveI9pe~;Jt1ep'lanning Comm@3ion did not want an entire development to be one housing type with smalr'~:f;:" '"""c'::'::;::':';:'<<":""'i" ):1::::' Wick stated that without change~.t9 the R4 Ordinan.ce),t:will be"diffiqUltfor any developer to utilize the zoning class. Developers VI(()i.J/d,b~:t~.quired to seek.'Yariances in grder to develop R4 property. Rieke stated that the City nee9~Jd' let thlh'Q~'!Rrange as the'qpusing market changes and he supports eliminating the minimlJm'~sr!3age re(:f~.ir~ment. GraevEf~tated that concept plan presented by Collegeville Development Group was'th~:1J.E:lst us~4,6r the property aOd.,utilization of the PUD process provided the needed flexibility. "<'::-':::.:~"',.. /J<:~(:j:~::::::::::.;:>>;.:.:,:,.....". 8)~," , ; > ~ . >; ", ::":,,':.., !.:.'., '.:..~:',...."._ ,,,'f;.' ......(,':.::,::.;.:.;'!<;<,;.;.;.;.:.:.::<<...;.:.:.:.;(<,:.~:.'.' "'~'''.:i,::,:,;.:.:.:...:...';':-',>'.:<.;.:...' "':':':~':':'~';:::'\:':'~',..,- ".,'''....'. ..,. uPcomind;M~:;,~;i~~,Q: There will'b~:~ speciafmeeting on November 26 at 6:30 PM. Graeve ResiQriati6h:}3raeve st~ted that he will be resigning from the Planning Commission after the December meetingi;:.t..q(5Q advisE;!d Graeve that his seat as well as Commissioner Rieke's is expiring at the end of December and:.iqb~y.:;~re interested in re-appointment they should submit an application to the Administrator. . '\;:;::8-::::::':::::::"" t/,' Adiourn: Wick made a motion to adjourn; seconded by Graeve and passed unanimously. Judy Weyrens Administrator November 26, 2007 Page 1 of 2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, November 26, 2007 at 5:00 PM in the St. Joseph City Hall. Members Present: Chair Bob Loso. Commissioners S. Kathleen Kalinowski, Mike Deutz, Ross Rieke. Jim Graeve, Mark Anderson. Council Liaison Dale Wick. Administrator Judy Weyrens. City Representatives Present: City Attorney Tom Jovanovich, Public Works Director Dick Taufen, Police Chief Peter Jansky. Others Present: Mike Wahlin, Chris Rice Approve AQenda: Deutz made a motion to approve the agenda .""ith.,the addition of a lot split request by Coborns. The motion was seconded by Graeve aJ14p'~ssed unanimously. ,','''',,',"';:i,,','',\"! '/:V'"i'"'-:";'i':':-i."'<'" Lot Split - Coborn's: Weyrens presented the Commission "Yitft:~,~r8pgSed lot split for lots 2 and 3; block 3 Buettner Business Park. Coborn's purchased the two lot5f9('8 futl:@?grocery/convenience store. Since the time the property has been purchased, Cent~ca;G~rEfhas apprq:~8bed Coborns to purchase approximate 4 acres of the 12 acre site. Centra Ca~~..W.Cl;Liid construct am~~j9al facility of approximately 13,000 square feet. ..... . .. .,.,., ,.".., Weyrens stated that the Ordinance does allow for a'ob~time lot split and the pr6'P9~~d development use is consistent with the zoning classification, B2, HighwayBu~iness.{~efore the propertYc;~n be developed, the property owner will be required to submita developmentplC3r..that will be reviewedb,y:;staff and submitted to the Planning Commission\f9('~PRr9val. .\.t.....'.> ... 'W'<, .....,."......., ..."." ,"..",.... Graeve made a motion to recommend the>CitY.99uncil approve.t~e splitting of approximately 4 acres from the above mentioned propertY.<0E3eforet~e.J~quest is,suiJmitted to the City Council, a certified survey must be!iu~n1itted detailing the newIQtc()I1figuratiol,l. The motion was seconded by Anderson and pas~~~;;,l:I'nanirrt?~sly.'.,.:,.., ,. :.: :'., ',:. ." '.,' ~"."-,.,;-(",,,.,. "';.'i::,','.'.'. '"'' '.',,'.- .'.' ".'f. <<::\;?:;;::;:,~::::/' '. .:::-}:>~: :::::';, \::: ::::~::::';:,:(;:::::::::::::::;::::;/. ' "",', ;'::: .:>:<:/:::~ Rental HousinQ Ordinance:\>.Weyrensst~ted that th~,C.ifY' staff has recently discussed the issues relating to rental housing. During the.d,Iscussi9tW it became ap'p('Jrent that changes to the current Ordinance were needed and before the staff cOuld pre'p8reany amendments, direction was needed as to what the Plann ing SPrDmt~~ipij;:>>,Q.~ Id like;t9<,~~eYna:h~W>9r~!na~f'~;, ,', ,.:.';:::;:.;::,.:: 0',-.':''- ._ ,,_'/T;~... ''';.'.:'-, '" ". City Atto.fh~Y Tom Jovanoyi9b, ?tatedt6at, he has hadth'e opportunity to review the existing Ordinance, Ordinance,p~ Housing OCdJp~b9Y, and Would like to make some major amendments. Some of the amendmerits.Wc>uld include addinga provisiOl1whereby the Inspector has additional rights of entry based on bona fide complaints, either eliminating rental in R1 Zoning Districts or limiting the amount of rental "\\' ". '.',',. . 'c_'_..... ". ~ housing in a neigh..tJ.9,rhood, or incn~.~~ing the ownership requirement from the current 50% to 100%. .., , . Jovanovich stated thaf61~office ha~.5een an increase in rental issues in residential neighborhoods. His office is currently workin'g(?b.isslJ.e~in Liberty Pointe, where the property has been purchased as income property and the owners a'relb9i9atfng that they have contract for deeds, therefore they are not rental. Jovanovich stated that the City:Attorney has the authority to record and document and contract for deeds must be recorded to be valid. In the case of Liberty POinte, the property owner does not want the deeds recorded for obvious reasons. The change in the housing market has created some of the enforcement issues. Jovanovich stated that he was provided a copy of the Northfield Ordinance that has recently been approved. The City of Northfield is experiencing the same type of issues as the City of St. Joseph. Building Official Ron Wasmund stated that he was part of the process in Northfield and the Ordinance Amendment had three public hearings before it was adopted. The new Ordinance has "livability standards" which will eliminate some homes as rental property. The City of Northfield has given property owners two years to be incompliance with the Ordinance. November 26, 2007 Page 2 of 2 Deutz stated that Ordinance enforcement has always been an issues. He also stated that the City needs to look at the refuse contract and find a way to make sure all the refuse is picked up each week. Deutz stated that he has talked to the vendor about picking up all the garbage at rental units. Some weeks the garbage at somerental units is standing beside the garbage can and remains street side all week. Jansky stated that he would like to see the Ordinance amended to add additional powers for inspection and enforcement. The Police Department has already been enforcing the abandoned vehicle ordinance and parking on the grass. The Planning Commission requested Jovanovich prepare a draft document for the Planning Commission to review and comment. The Planning Commission agreed to meet on December 10, 2007 to continue the discussion. /'" Weyrens stated that the Planning Commission should considerr~qiJesting the Council extend the Moratorium on Interim Use Permits in R1 Zoning Districts to,aIJ9}o/'ttie,planning Commission time to conduct any required public hearings and make a recomryu~H8atibn'tq;;!Q,~. City Council. Deutz made a motion to recommend the City COlJri~ilextend the Moratorium on Interim Use Permits in R1 Zoning Districts 90 days to allowJliepianning Commissiol1.~ime to conduct any required public hearings. The motion was secOhded by Wick and passedU~animously. Wick clarified that the Moratorium can be /ifted'sppner tha~.!!O days if the.pl?fJning Commission completes the amendments before the 90 days'~xpire. i/:i,'<:~h):~'i':;;>:,.. ii",."''''' 'OJ. ",.,-",:.... ". ".H '-'<y.-,: Judy Weyrens Administrator '''' ',;. Adiourn: The meeting was adjourned December 10, 2007 Page 1 of 2 Pursua nt to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, December 10, 2007 at 6:30 PM in the St. Joseph City Hall. Members Present: Chair Bob Loso. Commissioners S. Kathleen Kalinowski, Mike Deutz, Ross Rieke. Jim Graeve, Mark Anderson. Council Liaison Dale Wick. Administrator Judy Weyrens. Ordinance 55. Housing Occupancy and Maintenance: Loso stated the purpose ofthe meeting is discuss and review potential changes to Ordinance 55. The proposed changes are as a result ofthe moratorium on rental housing in Rl Zoning Districts and discussions from the November 26 Planning Commission meeting. The majority of the proposed changes are based on the Or,g!.,nance from the City of Northfield. Weyrens further clarified that the added areas are suggestions ol)rY.'~i1'd the Planning Commission ,,,,'.".,,N,,",',t. should determine which changes they would support. The f~~Jg~igfltems were discussed: .';<'>~<": ':<<';':':';'.<~':': .~.~:~, ,',', d:,'/',','i'(,il','."X,',",',',',',",';','/,',_, ,.~"\"'.',Y/.'i,','.'Jl' ""::?!'\::''.~'\ · Changing the ownership requirement in the Rl~9rWpgbistfictfr9m the current 50% to 100%. The rental provision will still require the issy~.6W~ioi an Interirti:,g~~;,Permit, however, the applicant will be required to submit a rec:9XflkCfaocument proviai~g:~yidence that he/she are 100% fee owners of the property. The ItW~~I~ Use Permit must be\(gh~:~ed annually and the property owner will be required to provide;ptgg!of oW~:jE~?ip via a reC:Q.:~&ifd, document. ">. \'':;'';';''::<';';';';'._ ..1/-/,"/'.,',,','/"',' · Clarified that the City currently'lig~n~~s all rentaIU~it~,:,~>hhually. '.,. .....",,,.... .,,, ...>.,.",.. ..,........,>.".."". ",,,...,.,....,.',,,,, · Requested verification on whethe~,9r'n6t:th~provision!ribslyded in the current Ordinance regarding the Inspections at the c61;~~,~~ of sft~~n~dict are7~;sc~~ate. -"x'",,,,,, .......,',';,'.'" "\\?;:;:::::::::i~''';' \','.' ...,,,,.'....,.,,.,,. H.-_". "'<',,,,""",, ,.. .'.._,_ p', " · The current o,~qlti~,ndrc6r@,i~s inconsisr~nci$~}:r:~~ar(jiQ~;!h~_mMimum ceiling height req u i re me nt":!:ii>:-'i:::,:,:(::%Hh':::"'::;:;:'::/" ":::':.": ' : ~ : : '~':':';'>:.r . ",:"'>'.":'~ '''' . . · The Or.gJg~:nce shoUI4,t~9Uir#:#.;2gmJl1ute respppse time for the property owner or manager. T!2~:;fBlt;~Rt:~fi~:~~ nce:(~9~i~e'S'a20,:mJ:~~:~ re~egnse. .:;'TH~,proposed o~diR~bs~ ad:d~'~,H~ovision'iiriiit~d the number of rental units based on the pe,rgGPtage of lots in\~'~:!.~fined:at~:f;:.The Planning Commission rejected this concept. , .,,-,,- - ".... ..q"..." ,...... . · The curi~Dt9.rdinance r~~:Qtr.es all n~~ rental licenses to be approved by the Planning CommissiOI)';hThis is curr~ntly not the practice as if the qualify the rental license is issued. The Commissionagt~~d to q~l~te this item. ......"..",.......,. · The Commission disEJ'~~~{d the inspection entrance revisions and questioned the definition of a bona fide complaint and how violations will be handled. · The proposed amendment allows for additional tenants through a process. The Commission does not intend to allow for increased density. · Discussed the requirements regarding outlets, definition of design standards and the effect of such to current rental units, use of disposable fire extinguishers and how they relate to the requirements of certification and the provisions regarding the use of extension cords. December 10, 2007 Page 2 of 2 . The proposed Ordinance required posting of the owners name and address. The Commission requested this provision be removed. The rental process currently requires the property owner to provide contact information and that is readily available to the Police Department. . The Ordinance should reference parking requirements and the prohibition to park on the grass. . Questioned the need to identify all the Statutes that cannot be violated. . The violation portion of the Ordinance should be revised to identify the current practice. Judy Weyrens Administrator represent the material to the Weyrens will provide the City Attorney with the proposed Planning Commission for review and comment. Adiourn: The meeting was adjourned by consensus