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HomeMy WebLinkAbout2016 [02] Feb 09February 9, 2016 Page 1 of 3 Pursuant to due call and notice thereof the Joint Planning Board for the Township and City of St. Joseph met in special session on Tuesday, February 9, 2016 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Rick Schultz. Members Jeff Janssen, Jerome Salzer, Steve Olson, Bob Loso, Gina Dullinger, Brenda Stanger, Mark Thompson. Secretary of the Board Judy Weyrens. Others Present: Ralph Eiynck, Steve Buermann, Geraldine Schwab, Joan Stock, Roger Buermann, Joe Walz, Brian Anderson, Hubert Walz, Karen Donabauer, Galen Donabauer, Kevin Schloemer, Mark Bromenschenkel, Hal Undersander, Delroy Bechtold, Mike Koltes, Cathy Kremers, Tom Kremers, Joe Johnson, Sherri Pfannenstein, Rick Pfannenstein, Drew Huls, Kevin Cox, Joanie Raab, Joe Raab, Dave Terwey, Ann Terwey, Charlie Klocker, Anne Meyer, Ann Reischl Approve Minutes: Janssen made a motion to approve the minutes of January 12, 2016; seconded by Loso and passed unanimously by those present. Public Hearinq— Ross Huls, CUP: Schultz opened the public hearing to which Weyrens stated the purpose of the hearing is to consider a conditional use permit to operate a motor vehicle repair business in a commercial zoning district. The request has been submitted by Ross Huls and the property is located at 30890 County Road 2. Weyrens reminded the Board that at their last meeting, the Board approved the rezoning of the property at 30890 County Road 2 from Agricultural to General Business. A motor vehicle repair business requires issuance of a conditional use permit. While the property has previously been used for a similar use, the grandfather status was lost once the business ceased to operate. Therefore, the permitted uses revert back to those identified in the Ordinance. Ross Huis stated that he and his brothers purchased the property to open a truck repair business and plan to improve the outside appearance. He stated that they currently repair trucks at their home and would like to start a business site. They are from the St. Joseph area and plan to keep the property orderly; in fact they have already started cleaning the site. When questioned if they would have outside storage they indicated they would not. The Board clarified that if outside storage is requested, they would need to come back to the Board for approval. The Board questioned Huls how many vehicles would be stored outside at any given time. Huls stated that they don't plan to have vehicles stored outside, the intent is to repair them as they are received and require the owner to pick up when they are finished. Board members questioned if the limited the number of vehicles outside at any given time to 10, would that limit his business. He stated that it would not. Loso made a motion to approve the findings of fact issuing a conditional use permit to Ross Huls at 30890 County Road 2 based on the following decision and conclusion. The motion was seconded by Salzer and passed unanimously by those present. 1. The property owner is proposing to use the property in the same manner, trucking repair/service, as the previous property owner. Had the property continued to be occupied the use would have been allowed to continue as a nonconforming use; therefore not needing a Conditional Use Permit. 2. Since the property had been vacant for a time, a licensed building official shall determine if the existing structure is required to meet the state accessibility code. 3. All waste products must be properly stored and disposed of. 4. All outdoor storage must be screened and can only be located in the designated areas approved by the Joint Planning Board. February 9, 2016 Page 2 of 3 5. The property owner shall be allowed to construct a sign 16' x 3' provided it is attached to the building. If a free standing business sign is requested the following standards shall apply: a. The height of the sign shall not exceed 20'. b. A pylon sign shall be prohibited. c. The base of the sign must include a unified landscape plan. Pubiic Hearing—Orderly Annexation Area, Rezoninq: Schultz opened the public hearing to which Weyrens stated the purpose of the hearing is to consider a request for rezoning of approximately 1320 acres to Urban Expansion. The rezoning includes 1100 acres from the current Agricultural (A40), 83 acres from Commercial and 137 acres from the current Educational/Ecclesiastical (EE). The action was forwarded by the Joint Planning Board in order to be consistent with the actions taken in 2011. Weyrens stated that she has received calls regarding any tax impact that may occur as a result of the rezoning. Weyrens clarified that property is taxed on how it used, not how it is zoned; therefore, the rezoning would not have an impact on property taxes. Floyd Ostendorf; 10875 North Ridge Lane, Avon: Ostendorf stated he is currently running a business, Tiremaxx, at his property and is concerned how the rezoning will affect him. Ostendorf added that his property is already zoned as commercial/industrial. Weyrens stated Ostendorf's property would be an exception as the rezoning was meant for land that is undeveloped. Weyrens added the purpose of having the property rezoned is to allow for development of the areas while taking into account both the City and the Township long range plans. . Schultz closed the public hearing. Schultz questioned if the Joint Planning Board should proceed with the rezoning or take each property into account to decide whether it should be rezoned or not. Salzer questioned if Buermann's property would be considered developed as he has a business on his property as well. Weyrens asked if the whole property is developed or just a small portion of it. While property contains 80 acres, the property is currently zoned commercial and he operates a business and is the site of a telecommunications tower. Weyrens presented the JPB with the current Stearn's County zoning map which illustrates three properties in the OA Area that are currently zoned as Commercial. Weyrens stated that the Board could leave those three properties as Commercial as they have been recognized as such by the County. It was the intent to rezone all undeveloped property in the subject area to UE, Urban expansion as is the other property in the OAA area. David Terwey; Terwey approached the Board questioning why the rezoning is happening now. Weyrens stated it was an oversight and the area should have been rezoned to Urban Expansion in 2011. Weyrens stated a letter was received from a solar company wanting to put a solar garden in the OA Area. Solar gardens are allowed in the Urban Expansion area. The company would need to apply for a special use permit regardless of the rezoning. Weyrens stated the County acts as the Zoning Administrator and it was discovered that the proposed area had been missed. For consistency purposes, the County had initiated the rezoning of the property. Questions were raised regarding the need for the rezoning and what does the rezoning change. Schultz responded that the rezoning really won't change anything for the landowners. The Joint Planning Board wants to be consistent with what the County already has. Weyrens added that there are some advantages to having the property zoned Urban Expansion. There are additional uses allowed in the UE February 9, 2016 Page 3 of 3 that are not allowed in an Agricultural zoning district. Weyrens stated feed lots are allowed to expand under a special use permit. Schultz made a motion recommending the St.Joseph City Council and St. Joseph Township Board approve the rezoning of the property in the OAA to Urban Expansion, leaving those property zoned commercial as commercial. The motion was seconded by Loso and passed unanimously by those present. Chair Schultz recessed the meeting at 7:30 PM. Schultz reconvened the meeting at 7:45 PM. River Ridqe Estates, Final Plat: Weyrens presented the Board with the final plat and development agreement for River Ridge Estates. Both the City Engineer and Township Engineer have reviewed the plans and they are complete. Ehlert approached the Board to discuss the following: Ehlert stated the cul-de-sac was modeled after Sunset Ridge where there was no street lighting provided. Weyrens stated the agreement calls for one streetlight at the end of the cul-de-sac. Ehlert agreed to the installation of the streetlight. Ehlert stated cable TV has been a bit of an issue as companies are backed up and the cost of getting the service to the development is high. Ehlert added he would like the provision removed from the developer's agreement as he does not want to be bound to the installation of cable. Janssen stated it is not a deal-breaker for him and the general consensus of the board was to have the item, item 3.6 (c) removed from the development agreement. Ehlert stated he is agreeable to the park dedication fee of$8,000 which is consistent to what was received for the Sunset Ridge Development. Section 9.4 Exhibit A: Ehlert stated he is unsure that the legal description on Exhibit A is correct. Certain outlots are still owned by Arcon. Ehlert and Weyrens agreed to go over Exhibit A in order to provide the correct legal description. Weyrens stated the storm water agreement is the same that was used in the Sunset Ridge Development. The agreement is between the developer and the Township. There were no issues from the developer, City or township on the agreement. Loso made a motion to approve the Final Plat and authorize execution of the final plat and development agreement for River Ridge Estates with the changes listed above. The motion was seconded by Janssen and passed unanimously by those present. Adjourn: Salzer made a motion to adjourn; seconded by Schultz and passed unanimously. 1 Rick Schultz Judy eyr ns Joint Board Chair Joint oa d Secretary'