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HomeMy WebLinkAbout[06] Mike Deutz, Parking lot relief • CM OF ST JOSEPH PH Council Agenda Item 6 MEETING DATE: July 19, 2012 AGENDA ITEM: Mike Deutz, Request for parking relief SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: In 2009 the Planning Commission conducted a public hearing to consider the issuance of a special use permit to allow mixed density at the property located at 31 Minnesota Street West. The recommendation for issuance included a provision whereby Mr. Deutz would be granted relief on the exterior requirements for a period of two years. PREVIOUS COUNCIL ACTION: On September 3, 2009 the Council accepted the recommendation of the Planning Commission and granted Mr. Deutz a two year extension on completing the exterior requirements. The special use permit indicated that the requirements be completed no later than September 2012. Prior to Mr. Deutz purchasing the property, a development agreement was executed and recorded which included the same exterior requirements. The Commission used the same requirements and provided for a two year window. Without the Special Use Permit the property would not have been eligible for a rental license. BACKGROUND INFORMATION: Tom Herkenhoff called to have the matter placed on the agenda for Mr. Deutz and stated they would like to discuss alternatives. I requested that a written request be submitted, as that is the procedure and he opted not submit anything. Herkenhoff stated there were too many issues and they needed to be discussed. BUDGET /FISCAL IMPACT: ATTACHMENTS: Request for Council Action June 8, 2012 Letter to Mr. Deutz Executed and recorded Special Use Permit September 16, 2009 Letter notifying Deutz of temporary relief September 3, 2009 City Council Minutes August 31, 2009 Planning Commission Minutes REQUESTED COUNCIL ACTION: This page intentionally left blank • ,,, \ CITY OF ST. J OSEPH www.cityof stjoseph.com June 8, 2012 Michael Deutz PO Box 634 Administrator St. Joseph MN 56374 Judy Veyrens RE: Special Use Requirements — 31 Minnesota St W Mayor Dear Mike: Rick Schultz Please find attached the executed resolution of finding issuing a special use permit for your Councilors property located at 31 Minnesota Street West. As you are aware the special use permit to Steve Frank allow for mixed use of residential and commercial at the aforementioned property provided Bob Loso relief from the exterior requirements for a period of two years. Renee Symanietz Dale Wick As in indicated in the resolution adopted by the City Council on September 3, 2009, the exterior improvements must be completed no later than September 30, 2012. The resolution further indicates that the plans for improvement must be reviewed and approved by the Planning Commission. Therefore, please allow enough time for approval and completion so that the completion requirement can be fulfilled. If you have any questions or need additional information please feel free to contact me at 320.363.7201. Sincerely, CITY OF ST. JOSEPH z , / d y • eyrens . inistrator cc: Randy Sabart, City Engineer Tom Jovanovich, City Attorney Terry Thene, Public Works Director zS College Avenue North • PO Box 668 • Saint Joseph, Minnesota 5 6 374 Phone 310.363.7101 Fax 310.363•0341 1 7 l t � OFFICE OF COUNTY RECORDER lck STEARNS COUNTY, MINNESOTA Document: A1317544_ Certified, Filed, and /or Recorded on =M June 09, 2010 12:23 PM DIANE GRUNDHOEFER STEARNS COUNTY RECORDER Resolution of finding The request of Mike Deutz, for a Special Use Permit came before the Planning Commission at a public hearing held on August 31, 2009. The purpose of the hearing was to consider an amendment to the special use permit Issued on July 16, 2009providing 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 and is legally described as follows: Lot seven (7), Block nine (9), less the East 6 feet thereof; ALSO LESS the South 99 feet of Lot 7, Tess the East 10 feet thereof, Block 9, all In Original Townsite (now City) of St. Joseph, according to the plat and survey thereof, now on file and record in the office of the County Recorder in and for Stearns County, Minnesota. and Lot Eight (8), Tess the East 2 feet thereof, and the East 6 feet of Lot Seven (7), Blodc Nine (9), Town (now City) of St. Joseph, according to the plat and survey thereof, now on file and of record in the office of the County Recorder in and for Stearns County, Minnesota. • The request for Spedal Use has been submitted by Mike Deutz, PO Box 634, St. Joseph, MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission made the following findings: 1. The City Council, upon recommendation of the Planning Commission, issued a special use permit to allow a mixed use development at 31 Minnesota Street West. The Council further authorized execution of a Development Agreement that included redevelopment of the property over a two year period, with the exterior improvements completed no later than September 2010. 2. The property owner requesting special use on July 6, 2009 has since sold the property as it was his determination that the project was not financially feasible. 3. Since Special Use Permits are transferable and recorded with the property the new property owner can assume the terms and conditions of the SIP issued on July 16, 2009. 4. The property at 31 Minnesota Street is (was) in a state of repair and the new property owner is requesting additional time to evaluate the best use of the facility and whether or not the facility should be razed or improved. 5. Due to the economic conditions, the City of St. Joseph has a number of vacant commercial sites for lease and the proposed use will add to the inventory and the property owner cannot assure that a tenant can be secured for the commercial portion of the fadlity. $( Ot 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. Adopted this 3rd day of Seotember, 2009 A 1. l 1' 1' ,1 + 0' r, 4' ® ATTEST t,t. , ,, 1. i, Ink ,/ AIR , Ju • ey s, / . minis ator i THIS DOCUMENT DRAFTED BY: Judy Weyrens aty of St. Joseph PO Box 668 St. Joseph, MN 56374 (320)363 -7201 1 \ CITY OF ST. J OSEPH www, cit stjoseph.com September 16, 2009 Administrator Mike Deutz Judy Weyrens PO Box 634 St. Joseph MN 56374 Mayor RE: Special Use Permit — Temporary Relief of Exterior Requirements Al Rassier Councilors Dear Mike: Steve Frank Bob Loso As you are aware the City Council considered your request for amendment to the Special Use Renee Symanietz Permit issued on September 3, 2009. Attached is a copy of the Resolution of Finding adopted Dale Wick by the City Council. The City Council approved relief on the parking and exterior improvements until September 30, 2012. If/When you decided to move forward with the improvements a site plan must be submitted for review and approval by the Planning Commission. Please allow a minimum six weeks from the time of application to approval. If I can be of further assistance please feel free to contact me at 320.363.7201. Sincerely, CITY OF ST. JOSEPH dy eyr ns Ad inistrator zs College Avenue North • PO Box 668 • Saint loseph, Minnesota 56374 Phone 32.0.363.72,01 Fax 310.363.0341 Resolution of finding The request of Mike Deutz, for a Special Use Permit came before the Planning Commission at a public hearing held on August 31, 2009. The purpose of the hearing was 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 for Special Use has been submitted by Mike Deutz, PO Box 634, St. Joseph, MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission made the following findings: 1. The City Council, upon recommendation of the Planning Commission, issued a special use permit to allow a mixed use development at 31 Minnesota Street West. The Council further authorized execution of a Development Agreement that included redevelopment of the property over a two year period, with the exterior improvements completed no later than September 2010. 2. The property owner requesting special use on July 6, 2009 has since sold the property as it was his determination that the project was not financially feasible. 3. Since Special Use Permits are transferable and recorded with the property the new property owner can assume the terms and conditions of the SIP issued on July 16, 2009. 4. The property at 31 Minnesota Street is (was) in a state of repair and the new property owner is requesting additional time to evaluate the best use of the facility and whether or not the facility should be razed or improved. 5. Due to the economic conditions, the City of St. Joseph has a number of vacant commercial sites for lease and the proposed use will add to the inventory and the property owner cannot assure that a tenant can be secured for the commercial portion of the facility. 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. Adopted this 3rd day of September, 2009 A // . ..._„,..____,- , ATTEST Alan Rassier, Mayor 411111 . A i _ Ju eyrens, ' d nis rator i September 3, 2009 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, September 3, 2009 at 7:00 PM in the St. Joseph city Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Al Rassier, Councilors Renee Symanietz, Dale Wick, Bob Loso, Steve Frank and City Administrator Judy Weyrens City Representatives Present: Finance Director Lori Bartlett, Public Works Director Terry Thene, Police Chief Pete Jansky, City Engineer Randy Sabart Others Present: None Public Comments: No one present wished to speak. Approval of the Agenda: Wick made a motion to approve the agenda as presented. The motion was seconded by Symanietz. Discussion: Frank questioned the minutes of August 19. He was concerned that not all of their priorities were addressed. Rassier assured Frank that everything was noted; however, they may not have been all in one section of the minutes. The motion passed unanimously. Consent: Loso made a motion to approve the consent agenda as follows: a. Minutes — Approve the City Council minutes of August 19 and August 20, 2009. b. Bills Payable — Approve check numbers 041930 - 041965 and EFT numbers 000315- 000319 and 000466- 000467. The motion was seconded by Wick and passed unanimously. Mike Deutz, 31 Minnesota Street W, Special Use Permit: Weyrens reported that the Planning Commission conducted a public hearing on September 3, 2009 to consider an amendment to the Special Use Permit issued on July 16, 2009 for the property located at 31 Minnesota Street West. The Special Use Permit allowed for a mixed density development consisting of residential and commercial. The Special Use Permit issued required the exterior improvements, including landscaping and bituminous paving to be completed no later than September 30, 2010. Since July 16, 2009, the property has changed ownership and the new property owner, Mike Deutz, has requested additional time to complete the exterior requirements. The Planning Commission has recommended the Council extend the time period for exterior improvements to September 2012. Loso made a motion to approve the amendment to the Special Use Permit at 31 Minnesota Street W, providing relief of exterior requirements until September 2012. The motion was seconded by Symanietz. Discussion: It was indicated that this property is eligible for TIF and Frank questioned whether or not the owner will make application for such. Weyrens replied that there has been no indication of that, but added that he has the option to use if needed. Frank questioned what happened to the students that were originally going to live in the upstairs apartment. Weyrens stated that they will be living in the units at 31 Minnesota Street West. Deutz has completed the rental license process and they are ready for occupancy. The motion passed unanimously. 2010 Preliminary Budget: Loso made a motion to authorize execution of Resolution 2009 -020 Adopting the Proposed Collectible 2010 Levy and establish the hearing for the budget on December 3, 2009 with anticipated adoption on December 17, 2009. The motion was seconded by Wick. Extract of Planning Commission Minutes August 31, 2009 Page 1 of 2 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 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. Extract of Planning Commission Minutes August 31, 2009 Page 2 of 2 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.