HomeMy WebLinkAbout2019 [07] Jul 29
July 29, 2019
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Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in a
special session on Monday, July 29, 2019 at 6:00 PM in the St. Joseph City Hall opening with the Pledge
of Allegiance.
Planning Commission Members Present: Chair Gina Dullinger, Commissioners, Steve Olson, Mike Ross,
Brian Theisen, Chad Hausmann, Daryl Schaefer, Community Development Director Therese Haffner
Members Absent: Matt Johnson
Others Present: Tom Opatz, John Fahning, Bruce Batzer, Kevin Cox, Janice Mensinger, Jane Reber,
Margaret Kalla, Al Brandenburger, Alfred Kalla, Joel Ostendorf
Approval of the Agenda: Dullinger made a motion to approve the agenda. The motion was seconded
by Olson and passed unanimously by those present.
Approval of the Minutes: Theisen made a motion to approve the minutes of June 10, 2019. The
motion was seconded by Ross and passed unanimously by those present.
Public Hearing, Preliminary & Final Plat - Batzer Second Addition/Astech Corporation: Haffner stated a
request for preliminary and final plat approval as well as a conditional use permit (CUP) were submitted
by CLC Partners and Bruce Batzer Properties LLC, Astech Corporation. The requests were made to
accommodate the expansion of Astech’s outdoor storage. No additional public right of way was proposed.
The site would have access off of Ridgewood Road. Haffner added there are wetlands on the property
and a wetland delineation had been completed. A forty (40) foot drainage and utility easement is
proposed along a portion of the southerly boundary to accommodate planned city utilities. An additional
easement will be needed to accommodate the city lift station.
Dullinger opened up the public hearing for the preliminary plat.
Kevin Cox, 415 Elena LN: Cox stated that he represents CLC Partners LLC, the seller of the property.
Cox stated he received comments from the City Engineer a couple of hours prior to the meeting that
could change the entire scope of the project.
Bruce Batzer, Astech Corporation: Batzer stated he has been interested in purchasing the property for
many years. Now that the new property owner is interested in selling, Batzer wants to utilize the property
for storage. Batzer hired Westwood Professional Services to see if they could delineate a 2.2 acre
wetland and create an access from Batzer’s current property to the Outlot A. Batzer stated the comments
received by the engineer make his CUP request considerably different.
As no one else present wished to speak, Dullinger closed the public hearing.
Schaefer questioned whether the property would be able to function with the incorporation of the lift
station.
Cox stated they are not against the lift station; however, the discussions that were held revolved around
having a 40x60 foot easement for the pump station. The engineer’s comments would extend that
easement to 200x125 feet.
Will Huston, Westwood Professional Services: Huston stated the engineer’s comments would locate a
pond onto Batzer’s property. Huston questioned why Batzer should house the pond on his land when it
will be benefitting all the neighboring properties as well. Huston added that typically cities do not make
applicants plat to an Outlot.
Haffner responded that lots require public access and there would not be public access to the lot.
In order to accommodate the request, the property would be platted as an Outlot.
July 29, 2019
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City Engineer Sabart stated that discussions regarding the forty (40) foot easement have been limited to
force main discussion. If a lift station were to be built, than additional easement would need to be
dedicated. In regards to the stormwater pond, Sabart shared it was moved due to access issues on the
lot. In order to provide an adequate access point to the property, access would need to go through the
existing pond. The pond would need to be restored and relocated elsewhere. The size of the easement
around the lift station is a recommendation and can be negotiated if need be.
Hausmann asked what the perimeter easement is on the property and how much easement would be
needed once construction was completed.
Sabart stated the perimeter easement would be six (6) feet and would include the berm going
around the entire property. The Baker Street Lift Station and CR121 lift station have a dedicated footprint
of 125x150 foot.
Cox stated the lift station had been discussed numerous times and it was the final boundary size that was
not addressed.
Batzer shared that he hired Westwood Professional Services to delineate the wetland in order to provide
an access to the Outlot. With that access point, there would be no need to relocate the pond. Batzer
asked if that access point could be a consideration for the City to use.
Dullinger does not believe the ponding and lift station access discussions were a part of the preliminary
plat approval process.
Hausmann asked why one property should have to dedicate almost a half-acre of easement for a lift
station that would benefit many other properties.
Cox stated the lift station would service the entire Industrial Park area, as well as the Batzer property and
it seemed the location of the lift station was forced.
Sabart stated before the property became an Outlot, it was recognized that there was only so much of the
Industrial Park that could be developed and that the city would eventually need to locate a lift station
which was why there was a forty (40) foot easement along the southern boundary of the Outlot.
Cox stated they were not opposed to having the lift station on the property; however, it’s the size of the
easement that was not discussed.
Olson said he believed there was a better location for the lift station.
Sabart stated there were two possible locations for the main lift station. The one presented and an
alternate one to the East. The issues with the second location include having to add piping to the east, as
well as obtain right of way to that property.
Cox stated the applicants were willing to grant a temporary construction easement for the lift station that
would accommodate for construction. Once construction is completed, then the easement would revert to
a smaller size.
Dullinger made a motion recommending to the City Council approval of the preliminary and final
plat for Batzer Second Addition including the following items: a permanent six (6) foot utility
drainage and utility easement around the perimeter of the property and a permanent forty (40) foot
sanitary sewer easement along the southerly boarder of the property to the eastern most part of
the where the proposed main lift station will be located. The motion was seconded by Hausmann
and passed unanimously by those present.
Discussion: Hausmann questioned how the main lift station will be built with only a forty (40) foot
easement.
Dullinger stated her motion was to extend the permanent sanitary sewer easement to the eastern
most side of the proposed main lift station.
July 29, 2019
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Public Hearing, Conditional Use Permit - Batzer Second Addition/Astech Corporation: Haffner stated the
conditional use permit request was to allow for the storage of equipment and aggregate material on Outlot
A.
Dullinger opened the public hearing for the Conditional Use Permit request.
Will Huston, Westwood Professional Services: Huston stated the request is to extend their outdoor
storage as the property owner has outgrown their existing space.
As no one else present wished to speak, Dullinger closed the public hearing.
Haffner stated that the ordinance requires trees on the berm along the perimeter of the property.
Hausmann made a motion adopting the findings of fact and recommending to the City Council
approval of the conditional use permit with the conditions as established in the conditional use
permit resolution. The motion was seconded by Theisen and passed unanimously by those
present.
Public Hearing, Variance Request – Caribou Coffee: Haffner stated a variance and conditional use permit
request from John Fahning and Tom Opatz LLC was submitted proposing the development of a Caribou
Coffee on the property owned by the City of St. Joseph located at the southeast corner of CSAH 75 and
CR 133, east of Scherer Trucking. The applicant has requested a nine (9) foot variance. The City requires
a minimum setback of fifteen (15) feet from the property line where that property is adjacent to residential.
Dullinger opened the public hearing for the variance request.
Haffner received a phone call from Cynthia Ringling, property owner at 1308 MN St E who was opposed
to the project citing safety and traffic concerns. An email was also received from Venna Tschida. Her
email stated the intersection is a high traffic area and adding another business to the intersection would
impede traffic flow. Tschida added the coffee shop at the intersection would put the safety of the residents
at risk and take away from the small town atmosphere. Lastly, Tschida indicated that there was a Caribou
Coffee located in the Coborn’s Store across the street.
John Fahning, 2485 Acorn Run, Victoria: Fahning, the applicant, stated there was a purchase agreement
between the City and developer for the property. The building would be a drive-thru only building. The
property has a number of challenges in order to develop it.
Joel Ostendorf, 1215 MN St E: Ostendorf shared concerns with the traffic at that intersection and
someone hitting his house.
Al Brandenburger, 1315 MN St E: Brandenburger shared the he has owned his home for forty-five (45)
years and over the years there has been increasing traffic due to new businesses on the northern side of
CSAH 75. Brandenburger added that the request was to only have a six (6) foot buffer from the
neighboring residential properties. If the project was approved, Brandenburger requested a fence and
additional buffering/landscaping to minimize the impacts of having a business that close to residential
properties. Another concern was the additional traffic at that intersection.
Janice Mensinger, 1307 MN St E: Mensinger stated her partner was riding his bike and he was almost
run over. Mensinger shared her concern about the lack of privacy that will be created by the construction
of the Caribou. Creating more traffic will result in more accidents. Mensinger believes the lot is too small
for a Caribou; however, if it does get passed she would like to have input on the types of barriers that go
along the southern side of the property. Mensinger questioned where the snow will go in the winter.
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Jane Reber, 1314 MN St E: Reber said that she has owned her home since 1956 and shared concerns
with the traffic and accidents that could occur in that intersection. Reber shared concerns with the
stacking of the vehicles into and out of the Caribou Coffee.
Al Kalla, 1302 MN St E: Kalla asked if there was a traffic study completed near that intersection. There
was an accident that occurred recently and there will be more if the Caribou is approved. Kalla stated he
lives on the corner and observes the traffic every day.
Mensinger asked how the home values would be affected by the Caribou coming in.
Cindy Ringling, 1308 MN St E: Ringling was present in support of her neighbors’ concerns. Ringling
asked if there was any outdoor seating as the plans appear to show more than the operation of just a
drive-thru building. Ringling questioned the outdoor parking.
Tom Opatz, applicant, responded that the proposal was just for a drive-thru and the parking was
for employees.
As no one else present wished to speak, Dullinger closed the public hearing.
Haffner stated the ordinance requires a fifteen (15) foot setback and the applicant is requesting a nine (9)
foot variance. Stearns County has approved access off of County Road 133.
Hausmann asked for an estimated trip generation during peak hours of operation.
Fahning stated a traffic study was not completed. Caribou did a traffic count and the counts fell
within what was allowed by the County. Additionally, the site plan was designed to allow for the optimum
amount of car for stacking.
Sabart presented an exhibit showing trip generation for a coffee shop with a drive-thru and no indoor
seating. Nine different sites were sampled. The trip generation ranged from ten (10) trips per hour to sixty
(60) trips per hour.
Hausmann stated a developer has the right to purchase and develop the property, even if it isn’t ideal.
Hausmann added it is reasonable to require the developer to put in a fence along the southerly boundary
of the property where it abuts residential properties.
Olson said he believes the parcel shouldn’t be developed due to traffic concerns.
Schaefer stated the fencing should be a requirement of the variance request. The property is zoned
commercial and the access has already been approved by the County.
Dullinger believes the request is a reasonable use of the property and there are extenuating
circumstances as to why the variance request was submitted. Looking at the site plan, Dullinger stated
the developer has used every square inch of the property as best as they could.
Dullinger made a motion to adopt the findings of fact and recommend approval to the City Council
of the variance of nine (9) feet along the southern property line. The motion was seconded by
Hausmann.
Discussion: Hausmann stated the variance should require the developer to construct a
maintenance free fence along the southern property line.
Dullinger made a motion to amend the previous motion to state the following: adopt the findings
of fact and recommend approval to the City Council of the nine (9) foot variance along the
southern property line contingent with the conditions as established in the resolution and upon
the installation of a maintenance free fence eight (8) feet in height. The motion was seconded by
Hausmann.
Aye: Theisen, Dullinger, Hausmann, Schaefer Motion Carried: 4-2
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Nay: Olson, Ross
Public Hearing, Conditional Use Permit Request – Caribou Coffee: Haffner reported that the conditional
use permit was to allow for a drive-thru coffee shop. A coffee shop is a permitted use and a drive-thru is a
permitted conditional use in the B-2 zoning district ordinance
Dullinger opened the public hearing for the Conditional Use Permit request.
Mensinger stressed her concerns about the noise that will be generated from vehicles using the drive-
thru.
Fahning stated the site was drafted to have the drive-thru on the northern side of the property, away from
the residential property. Fahning added the traffic noise from CSAH 75 will probably be louder than the
drive-thru.
Margaret Kalla, 1302 MN St E: Kalla shared concerns about the traffic and having the access so close to
the street light intersection.
As no one else present wished to speak, Dullinger closed the public hearing.
Dullinger stated the city did not request the applicant to conduct a traffic study and asked if the city could
request of that of the applicant.
Sabart responded that Stearns County did not request a traffic impact study and that portion of
the road is within the County’s jurisdiction. Additionally, the developer’s proposed access is where the
County had required.
Ross asked if there was a way to force the applicant to conduct a traffic impact study at the site. Ross
was concerned about the access proximity to the intersection. Ross added that cars are stacked six cars
deep at some points waiting at the stoplight.
Sabart stated there would be no room for a median in the intersection due to Scherer Trucking
th
having their access onto 12 Avenue SE as well. Modeling with vehicle movement could be completed
th
which analyzes the amount of traffic turning onto 12 Ave SE from CSAH 75.
Dullinger stated that noise complaints should be directed to the City.
Dullinger made a motion adopting the findings of fact contingent with the conditions as
established in the resolution, amending condition 1 to include an eight foot height fence along the
southern and eastern boundaries of the property and recommending to the City Council approval
of a conditional use permit for a drive-thru coffee shop. The motion was seconded by Theisen.
Discussion: Olson stated he was concerned about the location of the project and does not see
how the increased traffic will be beneficial to the area.
Aye: Theisen, Hausmann, Schaefer Motion Failed: 3-3
Nay: Olson, Dullinger, Ross
Reasons for Denial: Olson stated there are massive traffic issues at that intersection and the use is not
harmonious to the area.
Dullinger stated the drive-thru is detrimental to the general welfare as it is hazardous to vehicular
and pedestrian traffic.
Ross also stressed traffic concerns as his reason for denial.
Haffner stated the Planning Commission is a recommending body and their recommendations will go to
the City Council for approval or denial on August 5, 2019.
July 29, 2019
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Rentai Ordinance Review Update: Haffner stated the planning commission had previously requested a
task form be formed to review the rental ordinance. The city council did not approve the request and
wanted the Planning Commission to conduct the review.
Council Liaison Report: Theisen reported on the following:
. Kris Ambuehl was hired as the new City Administrator and will start August 12tn
Adiourn: Dullinger moved to adjourn the meeting at 8:22 PM.The motion was seconded by
Theisen and passed unanimously by those present.
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Therese Haffner
Community Development Director