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HomeMy WebLinkAbout[07] Planning Matters 7 Council Agenda Item MEETING DATE: June 24, 2014 AGENDA ITEM: Planning Matters a) Interim Use Permit – Ortmann b) Rezoning – Annexed Property c) Interim Use Permit – Walker SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted public hearings for the items identified above, a-c, recommending the Council approve the interim use permits and rezoning. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: To follow is the information provided in the Planning Commission packet for each of the items listed above, a-c. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Findings, Ortman Findings, Walker Planning Commission packet information REQUESTED COUNCIL ACTION: Consider the recommendations of the Planning Commission, issuing interim use permits for non-owner occupied rental for Ortman and Walker, and rezoning the property recently annexed a combination of B3 General Business and P, Public. This page intentionally left blank City of St. Joseph IN RE: FINDINGS OF FACT Application of Thomas, Ellen, & Timothy Ortmann AND DECISION Interim Use Permit at 308 - 10th Ave SE Owner Occupied Rental – Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On June 2, 2014, the St. Joseph Planning Commission conducted a public hearing to consider the application of Thomas, Ellen, & Timothy Ortmann for an Interim Use Permit to allow a non owner occupied rental unit at 308 - 10th Ave SE. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby established the following facts as it relates to the request of Thomas, Ellen, & Timothy Ortmann for an Interim Use Permit to secure a rental license. 1.In response to citizen concern in 2000, the City reviewed the Zoning Ordinance as it relates to rental property and zoning classifications. The purpose of the review was to find a manner in which to effectively blend housing types within the R1 Zoning District. As a result of the review the City adopted an amendment to Ordinance 52.27 allowing rental units in the R1 Zoning District only if the property owner resides at the property. The Ordinance was adopted by the City Council on September 21, 2000. 2.In 2007 the City again reviewed the rental provisions in the Single Family residential zoning district. While the Ordinance was amended in 2000, the blending of rental and owner occupied property appeared to need re-defining. On September 20, 2007 the City Council imposed a moratorium on rental housing for 90 days to give the Planning Commission an opportunity to review the owner occupied provision in the R1 Single Family Zoning District. 3.On February 21, 2008 the City Council accepted the recommendation of the Planning Commission amending the provisions in section 52.27 of the St. Joseph Code of Ordinances. The amendment restricted the number of owners for the purpose of owner occupied rental and included language that all owners must reside at the property as their principal residence. 4.St. Joseph Ordinance 52.04.31.a defines a family as any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the family. Any group of three persons not so related but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute one family. 5.In 2012 the City had been approached by some residents and realtors indicating that the strict rental restrictions in St. Joseph are causing a hardship for property owners who cannot sell their home, but could rent their home if the Ordinance would permit. 6.Responding to the request, the City Council authorized the formation of a committee to study the rental restrictions in St. Joseph and report their findings back to the City Council and Planning Commission. 7.The City Council and Planning Commission reviewed the recommendations of the rental housing committee in which they requested to allow an interim use permit for a non owner occupied rental license in the R1 Zoning District if a property owner has resided in the City for at least two years and they have been actively attempting to sell their home without success. Based on this recommendation, a public hearing was authorized to consider amending the Ordinance based on the recommendations of the housing committee. 8.On February 4, 2013 the City Council conducted a public hearing to consider the aforementioned amendment. The Planning Commission recommended approval of the proposed amendment which was subsequently approved by the City Council on February 21, 2013 and became effective March 1, 2013. 9.On May 9, 2014, Thomas, Ellen, & Timothy Ortmann submitted an application for Interim Use to allow a non-owner occupied rental unit at 308 - 10th Ave SE. 10.Upon review of the application it was determined complete and met the following criteria: a) the property owners have resided at 308 - 10th Ave SE for at least two years; b) the property is homesteaded and used as the primary residence for the applicant; c) the applicant provided proof that they have been attempting to sell the residence without success. DECISION AND CONCLUSION 1.St. Joseph Code of Ordinances 52.27 Subd. 5 (b) provide property owners in a R1 Single Family Zoning district to seek an Interim Use Permit to seek a rental license for a non-owner occupied rental license if the property owner (s) are relocating and are unable to sell their homes. The Interim Use Permit shall only be issued for one year and can be renewed for only one additional year. At the end of the second year, the property could not continue to function as rental property. 2.Granting of an Interim Use Permit is a privilege that is granted by the City and reviewed annually for Ordinance Compliance and are therefore issued with contingencies. The Interim Use is being recommended with the following conditions: a.The property owner will complete the license process with 30 days of Council approval of the Interim Use Permit at which time the property shall be in full compliance with the St. Joseph Code of Ordinances, including the maximum density. b.The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. c.The property owner may request renewal of the rental license for one additional year, provided the property is maintained and managed in accordance with the St. Joseph Code of Ordinances. d.The Interim Use Permit shall expire upon transfer of property or December 31, 2016; whichever comes first. In order to operate as a rental unit for the calendar year 2016, the rental license must be renewed prior to August 15, 2016. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Interim Use has been forwarded to the City Council as a recommendation to approve pursuant to the terms and conditions aforementioned. The recommendation was considered by the City Council and issued based on the Decision and Conclusion as stated above. Adopted this 24th day of June , 2014 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator City of St. Joseph IN RE: FINDINGS OF FACT Application of Kathy Walker AND DECISION Interim Use Permit at 1212 Dale St E Owner Occupied Rental – Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On June 16, 2014, the St. Joseph Planning Commission conducted a public hearing to consider the application of Kathy Walker for an Interim Use Permit to allow a non owner occupied rental unit at 1212 Dale St E. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby established the following facts as it relates to the request of Kathy Walker for an Interim Use Permit to secure a rental license. 1.In response to citizen concern in 2000, the City reviewed the Zoning Ordinance as it relates to rental property and zoning classifications. The purpose of the review was to find a manner in which to effectively blend housing types within the R1 Zoning District. As a result of the review the City adopted an amendment to Ordinance 52.27 allowing rental units in the R1 Zoning District only if the property owner resides at the property. The Ordinance was adopted by the City Council on September 21, 2000. 2.In 2007 the City again reviewed the rental provisions in the Single Family residential zoning district. While the Ordinance was amended in 2000, the blending of rental and owner occupied property appeared to need re-defining. On September 20, 2007 the City Council imposed a moratorium on rental housing for 90 days to give the Planning Commission an opportunity to review the owner occupied provision in the R1 Single Family Zoning District. 3.On February 21, 2008 the City Council accepted the recommendation of the Planning Commission amending the provisions in section 52.27 of the St. Joseph Code of Ordinances. The amendment restricted the number of owners for the purpose of owner occupied rental and included language that all owners must reside at the property as their principal residence. 4.St. Joseph Ordinance 52.04.31.a defines a family as any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the family. Any group of three persons not so related but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute one family. 5.In 2012 the City had been approached by some residents and realtors indicating that the strict rental restrictions in St. Joseph are causing a hardship for property owners who cannot sell their home, but could rent their home if the Ordinance would permit. 6.Responding to the request, the City Council authorized the formation of a committee to study the rental restrictions in St. Joseph and report their findings back to the City Council and Planning Commission. 7.The City Council and Planning Commission reviewed the recommendations of the rental housing committee in which they requested to allow an interim use permit for a non owner occupied rental license in the R1 Zoning District if a property owner has resided in the City for at least two years and they have been actively attempting to sell their home without success. Based on this recommendation, a public hearing was authorized to consider amending the Ordinance based on the recommendations of the housing committee. 8.On February 4, 2013 the City Council conducted a public hearing to consider the aforementioned amendment. The Planning Commission recommended approval of the proposed amendment which was subsequently approved by the City Council on February 21, 2013 and became effective March 1, 2013. 9.On June 3, 2014, Kathy Walker submitted an application for Interim Use to allow a non- owner occupied rental unit at 1212 Dale St E. 10.Upon review of the application it was determined complete and met the following criteria: a) the property owners have resided at 1212 Dale St E for at least two years; b) the property is homesteaded and used as the primary residence for the applicant; c) the applicant provided proof that they have been attempting to sell the residence without success. DECISION AND CONCLUSION 1.St. Joseph Code of Ordinances 52.27 Subd. 5 (b) provide property owners in a R1 Single Family Zoning district to seek an Interim Use Permit to seek a rental license for a non-owner occupied rental license if the property owner (s) are relocating and are unable to sell their homes. The Interim Use Permit shall only be issued for one year and can be renewed for only one additional year. At the end of the second year, the property could not continue to function as rental property. 2.Granting of an Interim Use Permit is a privilege that is granted by the City and reviewed annually for Ordinance Compliance and are therefore issued with contingencies. The Interim Use is being recommended with the following conditions: a.The property owner will complete the license process with 30 days of Council approval of the Interim Use Permit at which time the property shall be in full compliance with the St. Joseph Code of Ordinances, including the maximum density. b.The property owner will manage the property in compliance with the St. Joseph Code of Ordinances. c.The property owner may request renewal of the rental license for one additional year, provided the property is maintained and managed in accordance with the St. Joseph Code of Ordinances. d.The Interim Use Permit shall expire upon transfer of property or December 31, 2016; whichever comes first. In order to operate as a rental unit for the calendar year 2016, the rental license must be renewed prior to August 15, 2016. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Interim Use has been forwarded to the City Council as a recommendation to approve pursuant to the terms and conditions aforementioned. The recommendation was considered by the City Council and issued based on the Decision and Conclusion as stated above. Adopted this 24th day of June , 2014 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator