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HomeMy WebLinkAbout[03] Minutescrry OF NIT.JI)SFP*i . ... Planning Commission Agenda Item 3 MEETING DATE: AGENDA ITEM: SUBMITTED BY: STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: May 2, 2011 Minutes— May 2, 2011 Administration Approve the minutes of May 2, 2011 ATTACHMENTS: Request for PC Action Draft PC Minutes — May 2, 2011 REQUESTED PLANNING COMMISSION ACTION: Approve the minutes of May 2, 2011 1 -2 3 -6 3:1 THIS PAGE INTENTIONALLY LEFT BLANK 3:2 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, May 2, 2011 at 7:OOPM in the St. Joseph City Hall. Members Present: Chair S. Kathleen Kalinowski, Commissioners Ross Rieke, Gina Dullinger, Mike Deutz, Rick Schultz, Joe Dubel, John Meyer and City Administrator Judy Weyrens Others Present: Tom Klein, Don Benkowski, Aaron Holthaus, Tom Holthaus, Jason Neurerburg, Tom Roos the purpose of the hearing is to consider amendintS 11. The proposed amendment to Planning District first tier lots and the amendment to Planning District CR133, west of 15th Avenue NE. Kalinowski opened the public hearing. Tom Roos approached the Commissioners proposed amendment to Plagjjing District 1 Planning Di,�: Meyer quest Weyrens states, #; when staff Avenue NW, it wa ed that di The subject propert -� zoned food /ice cream restau Whe corner is a car wash with - street is also B2 Highway Bd. conduct a hearing to possibly" r district seven (7). wski opened th I ire land use map allow for Highway B .ild allolft Highway hearing and stated that inning Districts 7 and k s on the northern ss on lots east of rth Cenl Wruck Accessories to question the eir bu is located adjacent to the ,to be iderable traffic confusion in movement. Weyrens advised outlets ose are determined by the )osed amendment is to allow for greater ain zoned as Industrial, unless a property a standards are the same for both Industrial -d the ' for the proposed land use change from B1 to B2. eviewin a proposed development for the property at 118 - 1�t V u businesses are not allowed in the B1 Central Business District. 3s� and the proposed development is a small neighborhood fast 4 %wing the land uses in the area, the property to the east on the "business, and the property to the east of College using the same ss. Therefore, staff recommended that the Planning Commission end the future land use map for the Comprehensive Plan for planning Deutz stated that, in his opinion, if this is being done for the sole purpose of allowing for a drive -thru, then only the property in question should be affected. He also stated that this property would be included in the Hwy 75 Overlay District. Weyrens replied that this property does not fall within the overlay district. The district boundary comes to the property line, but does not encompass the property itself. She added that the proposed amendment is not to change the zoning for the entire area, rather change the future land use. The second hearing at this meeting is to consider rezoning that specific piece of property. 3:3 Deutz questioned why change the future land use maps if the uses will not change. Weyrens explained that a potential developer cannot request rezoning for development that is not consistent with the future land use map. The proposed changes are not being made for one property; rather it is being done for the future development of the City. The proposed zoning is identifies how the property will develop in the future and there is potential that other drive thru facilities may locate in the general area as well. The other properties are not changing uses at this time. Deutz stated that it appears that the City is trying to change the zoning to accommodate a drive -thru and he feels that we are going about it the wrong way. He added that there are drive thrus at both City Hall and the Post Office, both of which are in the B1 zoning district. Weyrens stated that there are no provisions that allow for a drive thru in the downtown area at t s time; however, she is unsure as to whether or not it was allowed in the past. According to Weyrens my way to approve a drive thru would be to zone the property as B2 and consider a Special Us Rieke questioned the impact of accepting the change. Wey Nin t both B1 and B2 allow for retail; however, there are a few different uses listed and ; he .ng district allows for more professional services as well as big box uses. B1 allo financ ns, but doesn't allow for drive - thrus. Meyer suggested that the Commission ew the B1 Ordi ;' Dubel stated that it seems as though the City is loo o rezone the corner loth'" B1 to B2 to allow for development rather than restricting it. He questioned he resi al home a i t to this lot would be affected. Weyrens stated that unless Pey were to re re the property-1-o'..1, " remain B1 and the use would not change. Schultz quell where the ises between land and rezoning. Weyrens explained that the property is fw�oned 61 an nnot be rezoned unless it is consistent with the future land use map. Deutz stated that this area that the proposed amend changing the future la the added use of 62. for development. The pr Planning D sit 1 I The pu future land, AWOM Ilow t up for dowrf n with °f t to par setbacks, etc. His concern is limit devement op, er pa Rieke stated that by i uId not restrict s perties zoned B1, but would allow for idde t it woulSr more„ lity as there would be two options chan ould not age the zoning map at this time. currents e` "land usetf vide ,iii allow forhway commerc ev amendmbn,�llows for flexibilirl Rieke question , hether there vX District 11. Deutz si��d that if the he sees no problem zt doesn't w be if the City were to cha its ordinances. ;i, %,y ining District 11 is to amend the . ®_ CR 133 and -- The in, r ining is not I occurring at this meeting, `\ 'ng - properties. any digMsions regarding the proposed amendment to Planning posed amendment doesn't take away any of the current land uses, to see anything limited. Weyrens stated that the only impact would 1 Ordinances. Currently, each property is in compliance with today's Deutz made a motion to recb4fimend the City Council amend the future land use map for Planning District 7 to allow for B2, Highway Business for properties north of Birch Street between College Avenue and 2nd Avenue NW and to amend the future land use map for Planning District 11 to allow for B2 Highway Business for property abutting CR133 west of CR133 and north of Elm Street. The motion was seconded by Rieke and passed unanimously. Public Hearinq — Rezoning & Special Use: Kalinowski called the hearing to order and stated that the purpose of the hearing is to consider an application for rezoning from the current B1, General Business to B2, Highway Business and an application for special use permit to allow for the development of a drive thru restaurant in a B2 Zoning District. The property is located at 118 1s' Avenue NW, legally described as Lot 001 Block 012 and Lot 1 & West 46' of Lot 2, Block 12 Townsite of St. Joseph. 3:4 The request for rezoning and special use has been submitted by Thomas Holthaus, 9495 Deegan Avenue NE, Monticello, MN 55362 and Jason Neuerburg, JAT Restaurants. The public hearing was opened and closed as no one present wished to speak. Weyrens stated that the staff has been working with the developer to develop the site at 118 —1 St Avenue NW with a fast food restaurant. The existing house would be razed and new structure would be constructed. The proposed restaurant is a neighborhood restaurant and will not have indoor seating. The development plans are almost complete, however, since a drive thru restaurant requires a special use permit, the site plan will not be finalized until after the A mmission considers the special use permit as it could change traffic movement patterns an yrens stated that there was some question as to why the access is needed from Birch already congested with the gas station /convenience store. In an email from the Developeted that their main goal was to minimize safety concerns with respect to the handicapped s, pedestrian traffic, and larger vehicles entering the site. They also believe that the drai better with the proposed layout accessing Birch Street. Meyer made a motion to recommend the City property at 118 —1St Avenue NW from current E recommend approval of the special use permit Zoning District. The motion was seco ded by Discussion: There was some al di; 1St Avenue doesn't concern him became a busier street. He is m o that, considering the environment, oe: that he sees a safet issue with the s: street is coming ch way. R added that he�nc either wa it is better to h a couple efjtions rat collector, acces 11 cauld not t limited. a situation' 1i about ac 1 that thi, on ue to rezoning the way Business, and hway Business le access points. ieke stated that Birch Street was built out and thus the corner. However, he stated negative situation. Dubel added a t that the traffic across the h ee that as an issue. Schultz a busy corner. Meyer believes that �m and since Birch Street is not a )mmissioA/P.'rk Board Meetina: Schultz advised the it was decOWthat the Planning Commission should revisit the ynce Ordinance. Schultz then questioned them as to whether �at�.ommissioners would like to look at as well. Based on woul e a good idea to look at the 61 Ordinance to consider d discussing the various uses allowed in each district. Deutz to go through all of these hoops to allow for a drive thru. Council Liaison Report: ed that the Council approved TIF 1 -4 and 2 -4. On May 4, the Council will be discussing t ssment policy and, if time allows, they may visit the facilities long range plans as well. He advised the mmissioners that he and Weyrens will be meeting with St. Wendel Township to discuss compost options to see if an agreement can be reached. Schultz also advised the Commissioners that Rivers Bend has requested to secure a second building permit prior to the permanent road being constructed as they have a request for a custom built home. They plan to have the road and the home completed by August. Meyer stated that he would like to know some of the background on matters that are referred back to the Planning Commission. Recently the Council has requested consideration or reconsideration of matters and he would like a better understanding of the issues when this occurs. Schultz responded that in the matter regarding the fence ordinance, he voted to accept the recommendation of the Planning Commission, however, there was some disagreement and discussion regarding the construction of the 3:5 fence on the property line, with permission from the adjoining property owner, vs. placing the fence 2' off of the property line. The Council has reqeusted the Planning Commission conduct a public hearing to discuss this and to solicit input from the residents. Weyrens added that there was some discussion about how a property owner is to maintain those two feet or how the adjoining property owner is to maintain their side of the fence. Schultz stated that the Corridor Overlay Ordinance has been discussed for six months or more without resolution. Weyrens advised the Commissioners that staff has discussed this and are proposing a PUD process for anything developed in the Corridor Overlay Area. If the proposed development meets the intent of the zoning district, then the City could provide relief from strict adherence to the Corridor Overlay. Another option is to consider each use as a special use. Staff will brin, language back at the next meeting. Rieke added that he felt they were headed in the right dir He stated that the Corridor Overlay would work in a perfect scenario; however, there are so as where that doesn't work such as the area extending from the El Paso to Caseys. Meyer ad y the Council and Planning Commission need to make a final decision on this. Deutz s, y previously discussed getting rid of the Corridor Overlay Ordinance and including the diff erg',,,, quire in the individual zoning districts. Weyrens concluded by stating that, until a de i s m ade, on the books stays on the books. 0,,, Schultz stated that the Council will be having their iscussion regarding fa IJ and he stated that the Commissioners may want to get involved in that sion. y . Adiouri unanir ; chultz and 3:6