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HomeMy WebLinkAbout01.08.24CITY OF ST. JOSEPH www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363-0342 St. Joseph Planning Commission Monday, January 8th, 2023 6:00 PM St. Joseph Council Chambers 75 Callaway St E **The meeting will also be available through Zoom** 1.Call to Order 2.Pledge of Allegiance 3. Public Comment 4.Election of Chair and Vice Chair for 2024 5. Agenda Review and Adoption 6. Approval of November 13th, 2023 minutes 7.New Business a.PUBLIC HEARING - Vacation of Rear Easement Lot 15, Block 1 Northland Business Center b.PUBLIC HEARING – Vacation of Interior Easements Lots 12, 13, 14 of Northland Business Center c.PUBLIC HEARING – Rezone of 454 1st Ave NE d. Short-term rentals in B-1 Zoning district 8. Old Business a.None 9.Other Business 10. Adjourn ZOOM INFORMATION Join Zoom Meeting https://us06web.zoom.us/j/87642407431?pwd=bXlkL3NlM2VKNXVMdmk2MC91blYxUT09 Meeting ID: 876 4240 7431 Passcode: 797162 One tap mobile +19292056099,,87642407431#,,,,*797162# US (New York) Dial by your location Find your local number: https://us06web.zoom.us/u/kblhxKat7W 1 November 13th, 2023 Page 1 of 3 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met on Monday, November 13th, 2023, at 6:00 PM in the St. Joseph City Hall opening with the Pledge of Allegiance. Planning Commission Members Present: Commissioners Keith Louwagie, Mark Thompson, Carmie Mick, John Hazen, Bob Loso, Isabella Margl Absent: Gina Dullinger Staff Present: Nate Keller, Community Development Director Public Comments: None. Agenda Review & Adoption: Hazen made a motion to approve Agenda Review & Adoption. The motion was seconded by Louwagie and passed unanimously by those present. Approval of October 9th, 2023, minutes: Louwagie made a motion to approve the October 9th minutes. The motion was seconded by Hazen and passed unanimously by those present. New Business: a. Public Hearing – Rezone of 13 2nd Ave NW - House Hern, LLC Keller provided the Commission with an overview of a rezone application submitted by House of Hern. Currently, the property is zoned R-3 multi-family; the request is to rezone to B-1 Central Business District which coincides with the future land use. Keller shared that the applicant’s intent is to build a commercial building. A building with multi-space or a building with 1-2 users is likely what will be located on the site. Keller also shared a map with photos indicating how the surrounding properties are currently zoned. Mick opened the Public Hearing at 6:12PM. Craig & BriAnne Hern, 447 12th Ave SE, Applicants: Craig & BriAnne shared their history with the City of St. Joseph. They explained they are looking for the publics input as to what type of business they would like to see come to St. Joseph. A sign with a QR Code is located on the property. The public is encouraged to complete the survey questions and share their ideas. At this time over 200 responses have been received. The Commission and applicants discussed current ideas as to the type of building that may be constructed and whether there are tenants committed to the space. BriAnne shared the type of building is still being considered, they have received a lot of interest from potential tenants. Mick closed the Public Hearing at 6:21PM. Hazen made a motion to approve the Finding of Fact Resolution. The motion was seconded by Margl and passed unanimously by those present. Hazen made a motion to approve the Rezone Resolution. The motion was seconded by Louwagie and passed unanimously by those present. b. Public Hearing – Conditional Use Permit – Outdoor Storage – Manion’s Properties, LLC Keller shared Manion’s is requesting a conditional use permit for outdoor storage on a parcel they own; not attached to the other parcels they own. There are no records of an existing C.U. P on their other properties as they were annexed into the city. Manion’s is proposing to use the outdoor storage space to store lumber and shingles. The storage yard meets the setbacks that are within the city’s ordinance. The existing storage yards are enclosed with chain link fencing that has barbed wire on top. They are proposing to enclose this storage yard with the same material. 2 November 13th, 2023 Page 2 of 3 Keller gave an overview of the Findings of Fact and Conditions of Approval. One item Keller pointed to is a potential roadway corridor adjacent to the site. Due to the wetlands within the site, the corridor may need to go through the NE portion of the site. At this time the corridor location is undetermined and cannot be designed until it is known how the property to the north develops. The applicant has been made aware of this via a condition of the C.U.P. Mick opened the Public Hearing at 6:34PM. Rob Manion, owner & applicant: Spoke to the Council and explained they are looking to expand their business which is why they are requesting additional outdoor storage space. Council and applicant discussed the current properties owned by Manion’s, the current use at those properties, and access to the property. Hazen asked how far out the future transportation plan is. Keller explained there is no timetable; the plan is development driven. As no one wished to speak, Mick closed the Public Hearing at 6:39PM. Loso made a motion to approve the Finding of Fact Resolution. The motion was seconded by Hazen and passed unanimously by those present. c. 2024 Land Use Application Submittal Deadlines Keller asked for the Commission’s acceptance and approval of the 2024 Planning Commission submittal deadlines and meeting dates. Full applications must be submitted three weeks prior to the Planning Commission meeting. This allows staff time to review and end out public hearing notices. Hazen made a motion to approve the 2024 Land Use Application Submittal Deadlines. The motion was seconded by Margl and passed unanimously by those present. Old Business: a. Public Hearing – Zoning Amendment 502.12 – Land requirements in Industrial Zoned Properties Keller reminded the Commission direction was given at the last planning commission meeting to have staff bring a draft back to the commission for formal ordinance amendment and public hearing. Mick opened the Public Hearing at 6:44PM. As no one wished to speak, Mick closed the public hearing at 6:44PM. Thompson made a motion to approve Recommendation on Ordinance Amendment Resolution. The motion was seconded by Louwagie and passed unanimously by those present. Hazen made a motion to approve Recommendation on Summary Publication. The motion was seconded by Loso and passed unanimously by those present. Other Business: Keller updated the Commission on the following: • The feed mill property located by the Wobegon Trail was purchased. Keller met with the buyer and went over the next steps regarding the development of the property. • The Quonset building located adjacent to the post office has been purchased. The buyer is currently renovating the building. There is no tenant at this time. • City Council directed staff to work with the applicant of the C.U.P. for the Special Event Facility on revising conditions of their C.U.P. The holiday hours of operation and the accessory building 3 November 13th, 2023 Page 3 of 3 matching the principal building were the two conditions that will require action by the Council at an upcoming meeting. • City Council approved the C.U.P. submitted by Summit Commons, LLC for the outdoor storage area along the Wobegon Trail with the addition of an alternative landscape plan. The applicant is willing to go through the state permitting process to plant trees outside of their property, closer to the trail in the right of way which is owned by the state and maintained by the county. Plantings in this area will provide more of a buffer from the view of the trail to the storage site. Adjourn: Hazen moved to adjourn the meeting at 6:50PM. The motion was seconded by Louwagie and the motion carried. Minutes approved by: Nate Keller Community Development Director 4 Planning Commission Agenda Item 4 MEETING DATE: January 8th, 2024 AGENDA ITEM: Election of Chair and Vice Chair for 2024 ACTION REQUESTED: Nomination and approval of Chair and Vice Chair PREVIOUS PLANNING COMMISSION ACTION: PC takes action every January for Chair and Vice Chair. BACKGROUND INFORMATION: Nomination and recommendation on Chair and Vice Chair for 2024. Chairs run the meetings with Vice Chairs run the meetings in the Chairs absence. ATTACHMENTS: None REQUESTED PLANNING COMMISSION ACTION: 1. Nomination on Chair 2. Nomination on Vice Chair 5 Planning Commission Agenda Items 7a MEETING DATE: January 8th, 2024 AGENDA ITEM: Public Hearing – Vacation of Rear Easement Northland Business Center Lot 15, Block 1 ACTION REQUESTED: Approval of Vacation of Easements resolution PREVIOUS PLANNING COMMISSION ACTION: None BACKGROUND INFORMATION: VACATION OF INTERIOR EASEMENTS Applicant Information: Dale Kiffemeyer (also owner of the subject lots) Existing Zoning: I1 Light Industrial Future Land Use: Industrial Location: Between 19th Ave NE and 21st Ave NE. Existing building is addressed as 702 19th Ave NE Access: The site has access on 21st Ave NE and 19th Ave NE Dale Kiffemeyer (applicant) is proposing to expand his current building at 702 19th Ave NE, combine two lots he owns and vacate the rear easement area which runs between the lots. Because structures are not allowed over easements the request requires applicant to vacate the easement. The rear easement is the original drainage easement dedicated in the Northland Business Center plat. The easement is the standard 12’ rear easement and does not contain any private or public utilities. The remaining easements along the perimeter of the lots and in the rear will remain. The request only impacts the easement between the two lots (rear). The combining of lots 4 and 5 will occur through the Administrative Subdivision application (no Planning or Council action needed). Of note is Great River Energy (GRE) has a 50’ easement and existing power line running in the rear of the lots. Great River Energy will be removing the Power line this late winter or early spring and vacate the existing 50’ easement in the rear. The removal of the power line and easement will need to occur prior to any building expansion occuring. GRE will vacate their private easement after removal of the Power line. 6 ATTACHMENTS: Vacation application Certificate of Survey Resolution Vacating Easements REQUESTED PLANNING COMMISSION ACTION: 1. Open and then close Public Hearing 2. Motion to approve Resolution to Vacate Rear Easement 7 8 9 10 11 12 Document drafted by City of St. Joseph RESOLUTION 2024-XXXX RESOLUTION VACATING EASEMENT AS LEGALLY DESCRIBED FOR LOT 015, BLOCK 001 OF NORTHLAND BUSINESS CENTER WHEREAS, the Planning Commission of the City of St. Joseph held a public hearing on January 8th, 2024 following a publication, mailed and posted notice for the purpose of hearing those present to consider the vacation of drainage and utility easements; and WHEREAS, the easements to be vacated are legally described as: Vacating a drainage and utility easement as dedicated in NORTHLAND BUSINESS CENTER, according to the recorded plat thereof, Stearns County, Minnesota, bounded as follows: On the North by the North line of Lot 15, Block 1, said NORTHLAND BUSINESS CENTER. On the East by a line measured at 12.00 feet East of, as measured at a right angle to and parallel with, the West line of said Lot 15, Block 1. On the South by the South line of said Lot 15, Block 1. On the West by the West line of said Lot 15, Block 1. ; and WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a vacation of easements be vacated and discontinued; and BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the vacation of easements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA, duly assembled that the following described easements hereby vacated to wit: ADOPTED by the City Council this 16th day of January 2024. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator 13 Planning Commission Agenda Item 7b MEETING DATE: January 8th, 2024 AGENDA ITEM: Public Hearings – Vacation of Interior Easements Northland Business Center Lots 12, 13, and 14 Block 1 ACTION REQUESTED: Approval of Vacation of Easements resolution PREVIOUS PLANNING COMMISSION ACTION: None BACKGROUND INFORMATION: VACATION OF INTERIOR EASEMENTS Applicant Information: David Schmitz (lots 3 and 14 are owned by Richau Enterprises and lot 12 is owned by CLC. Schmitz has a purchase agreement for all three lots) Existing Zoning: I1 Light Industrial Future Land Use: Industrial Location: Lots are all off 21st Ave NE directly West of Goodin Company Access: The site has access on 21st Ave NE David Schmitz (applicant and owner of Pro-tech which is a forklift service company located in St. Wendell Township off County Rd 2) is proposing to vacate the interior easements that run between lots 12, 13, and 14 of the Northland Business Center plat. Intent is to consolidate the lots into one and build a building over the vacated easement areas. Because structures are not allowed over easements the request requires applicant to vacate the easements. The easements are the original drainage easements dedicated in the Northland Business Center plat. Easements are standard 6’ side easements and do not contain any private or public utilities. The remaining easements within the lots will remain. The request only impacts the easements between the three lots. The City Engineer has reviewed the proposal and does not have any concerns. The combining of lots will occur through the Administrative Subdivision application (no Planning or Council action needed). ATTACHMENTS: Vacation application Certificate of Survey Signed copies from area utility providers Resolution Vacating Easements REQUESTED PLANNING COMMISSION ACTION: 1. Open and close Public Hearing for vacating easements 2. Motion to approve resolution to vacate interior easements 14 Subject properties highlighted in yellow 15 16 17 18 19 20 21 22 23 24 25 26 Document drafted by City of St. Joseph RESOLUTION 2024-DEF RESOLUTION VACATING INTERIOR EASEMENTS AS LEGALLY DESCRIBED FOR LOTS 012, 013, 014 BLOCK 001 OF NORTHLAND BUSINESS CENTER WHEREAS, the Planning Commission of the City of St. Joseph held a public hearing on January 8th, 2024 following a publication, mailed and posted notice for the purpose of hearing those present to consider the vacation of drainage and utility easements; and WHEREAS, the easements to be vacated are interior drainage and utility easements on lots 12, 13, 14, block 1 of Northland Business Center and legally described as: On the North by a line measured at 6.00 feet North of, as measured at a right angle to and parallel with, the North line of Lot 14, Block 1, said NORTHLAND BUSINESS CENTER. On the East by a line measured at 12.00 feet West of, as measured at a right angle to and parallel with, the East line of said Lot 14, and the East line of Lot 13 said Block 1. On the South by a line measured at 6.00 feet South of, as measured at a right angle to and parallel with, the North line of said Lot 14. On the West by a line measured at 12.00 feet East of, as measured at a right angle to and parallel with, the West lines of said Lots 13 and 14. On the North by a line measured at 6.00 feet North of, as measured at a right angle to and parallel with, the North line of Lot 13, Block 1, said NORTHLAND BUSINESS CENTER. On the East by a line measured at 12.00 feet West of, as measured at a right angle to and parallel with, the East line of said Lot 13, and the East line of Lot 12 said Block 1. On the South by a line measured at 6.00 feet South of, as measured at a right angle to and parallel with, the North line of said Lot 13. On the West by a line measured at 12.00 feet East of, as measured at a right angle to and parallel with, the West lines of said Lots 12 and 13. WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a vacation of easements be vacated and discontinued; and BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the vacation of easements; and 27 Document drafted by City of St. Joseph NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA, duly assembled that the following described easements hereby vacated to wit: ADOPTED by the City Council this 16th day of January 2024. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator 28 Planning Commission Agenda Item 7c MEETING DATE: January 8th, 2024 AGENDA ITEM: Public Hearing – Rezone of parcel 454 1st Ave NE ACTION REQUESTED: Approval of Rezone PREVIOUS PLANNING COMMISSION ACTION: None BACKGROUND INFORMATION: Rezone Request Applicant Information: Michelle Kuhn and Jessica Turner Existing Zoning: R-3 Multi-Family Proposed Rezone: B-2 Highway Commercial Future Land Use: Corridor Commercial (corresponds with our B-2 Highway Commercial) Location: 454 1st Ave NE Access: The site has existing accesses on 1st Ave NE Michelle Kuhn and Jessica Turner(applicants and owners) have submitted a rezone application. Applicants are proposing to rezone the property at 454 1ST Ave NE from R-3 Multi-Family to B-2 Highway Commercial. The future land use map (from the Comprehensive Plan) guides the property for Corridor Commercial. Applicants’ intent for the property is to remodel the existing building into a variety of different commercial uses through a phased approach. The first phase would result in a commercial kitchen space. The applicants currently own a Food Truck business (Pit Stop BBQ). Please see the written narrative attachment for details on their full vision. When evaluating a rezone, the 1st step is to determine if the rezone is in alignment with future land use guidance. The second step is to determine how the rezone is compatible or not compatible with surrounding land uses. This helps avoid “spot zoning”. Some details on property immediately adjacent to the subject site: Adjacent Property Existing Zoning Future Zoning To the North Wobegon trail is immediate adjacent to the North. Past the trail is city owned land and R- 1 Single family residential. City owned land past the Wobegon trail has future land use of Medium Density residential and low density residential. However, the city owned land is likely not to develop due to stormwater purposes (existing and future). To the West across 1st Ave NE B-2 Highway Commercial (former Sunset building) Corridor Commercial 29 To the East R-3 Multi-Family Current use is multi-family apts. Corridor Commercial To the South R-3 Multi-Family Current use is multi-family apts Corridor Commercial The proposal to rezone is in alignment with future guidance and compatible with future uses of adjacent properties. ATTACHMENTS: Existing Zoning and future land use exhibits Rezone application Written narrative submitted by applicant Finding of Fact Resolution Resolution establishing the Rezone Summary Ord publication REQUESTED PLANNING COMMISSION ACTION: 1. Open and close Public Hearing 2. Motion to approve Finding of Fact Resolution 3. Motion to approve rezone resolution 30 Subject property 31 Map showing existing Zoning: 32 Map showing Future Land Use. 33 34 35 36 37 RESOLUTION 2024-123 RESOLUTION ADOPTING FINDINGS OF FACT RELATED TO A REZONING REQUEST FROM R3 MULTI-FAMILY TO B-2 HIGHWAY BUSINESS DISTRICT WHEREAS, the City of St. Joseph received an application from Michelle Kuhn (applicant and owner) for the request to rezone property from R3 Multi-Family to B-2 Highway Business District on the property legally described as follows: Lot 001 of Auditors Subdivision #09 Parcel ID 84.53462.0000 “Subject Property” WHEREAS, on January 8th, 2024, the St. Joseph Planning Commission held a public hearing and reviewed the rezoning request and recommended approval; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA, finds the following facts: 1. That Michelle Kuhn, hereinafter referred to as “Applicant,” and “owner” properly applied for the rezoning for the Subject Property. 2. That the requested rezoning designation for the Subject Property is B-2 Highway Business District. 3. That the future land use plan within the City of St. Joseph Comprehensive Plan guides the Subject Property for Corridor Commercial. 4. That the surrounding property to the South, West, and East is guided for Corridor Commercial. 5. That Corridor Commercial District includes a range of retail, entertainment, office, and commercial service developments and the corresponding zoning district is B-2 according to the City of St. Joseph Comprehensive Plan. 6. That the purpose for the zoning establishment is to make the land use map and zoning designation consistent and conforming. 38 7. That the properties to the East are zoned R-3 Multi-Family, properties to the North are zoned R-1 Single Family, properties to the West are zoned B-2 Highway Business District, and properties to the South are zoned R-3 Multi-Family. 8. That all adjacent properties to the South, West, and East have a future land use of Corridor Commercial which corresponds to B2 Highway Business. 8. That the B-2 Highway Business District permitted uses includes commercial and retails uses and a building with this use would be compatible with the surrounding uses. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this January 16th, 2024. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST David Murphy City Administrator Document drafted by: City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 39 ORDINANCE 2024-ABC AN ORDINANCE ESTABLISHING THE ZONING ON CERTAIN PROPERTY FROM R3 MULTI-FAMILY TO B-2 HIGHWAY BUSINESS DISTRICT WHEREAS, Michelle Kuhn has petitioned the rezoning request on the subject property located at 454 1st Ave NE and legally identified as parcel 84.53462.0000 legal description of Lot 001 of Auditor’s Subdivision #9; and WHEREAS, the proper publication in the city’s designated paper and mailed notice of the public hearing to properties within three hundred and fifty feet (350) considering this matter has been given; and WHEREAS, The Planning Commission conducted the public hearing on January 8th, 2024 at which all persons interested were given an opportunity to be heard; and WHEREAS, The Planning Commission reviewed the request on January 8th, 2024 and recommended approval of the rezoning; and WHEREAS, it was determined that the rezoning of the subject property is in the best interests of the City of St. Joseph; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA: That the rezone of the subject property is hereby amended from R-3 Multi-family District to B-2 Highway Business District and this rezone will allow for the construction of uses allowed in the B-2 Highway Business District as defined by Ordinance. Subject property legal description: Lot 001 of Auditor’s Subdivision #9 Parcel ID: 84.53839.0000 BE IT FURTHER RESOLVED: That the clerk is hereby authorized to record such classification from the described property upon the official zoning map causing the same to be published. Whereupon said ordinance was declared duly adopted by the St. Joseph City Council this 16th day of January, 2024. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST David Murphy City Administrator Document drafted by: City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 40 RESOLUTION 2024-XYZZ SUMMARY PUBLICATION OF ORDINANCE 2024-ABC AN ORDINANCE ESTABLISHING THE ZONING ON CERTAIN PROPERTY FROM R3 MULTI-FAMILY TO B-2 HIGHWAY BUSINESS DISTRICT The following official summary of the ordinance referred to has been approved by the City Council of St. Joseph as clearly informing the public of the intent and effect of such ordinance. Rezoning of subject property from R3 Multi-family to B-2 Highway Commercial District Property address and Parcel Identification: 454 1st Ave NE, St. Joseph, MN Parcel ID: 84.53462.0000 This rezone will allow for the construction of uses allowed in the B-2 Highway Business District as defined by Ordinance. A printed copy of the entire ordinance is available for inspection by any person at the office of the City Clerk, Monday through Friday between the hours of 8:00 AM – 4:30 PM or on the City website at www.cityofstjoseph.com. Adopted by the City Council of St. Joseph this 16th day of January, 2024. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST David Murphy City Administrator PUBLISHED IN THE ST. CLOUD TIMES ON , 2024. 41 Planning Commission Agenda Item 7d MEETING DATE: January 8th, 2024 AGENDA ITEM: Short-term rentals in B-1 Zoning district ACTION REQUESTED: None at this time only informational and brief discussion PREVIOUS PLANNING COMMISSION ACTION: None BACKGROUND INFORMATION: Staff has received an inquiry regarding short-term rental use in the B-1 zoning district. At present the code is silent on short-term rental which means the use is prohibited. Short-term rental is where a unit could be rented out on a nightly basis. Currently the city only allows the following forms of lodging in the downtown Commercial district via a Conditional Use permit: hotels, motels, Bed and Breakfast. Standard rental licenses are required for long-term rentals which are defined as rentals where lease arrangements occur and are at least on month-to-month arrangement. Examples of usage where rental licenses occur are: 24 North lofts (above the Krewe building), the lofts at Millstream (above Bella Cucina), and rental units above other commercial buildings like Hudson and Company. A short-term rental within a residential district looks, feels, and can impact adjacent properties differently than within a Commercial district. Cities regulate short-term rentals in a variety of different ways including: as a Conditional Use, allowing the use outright, requiring rental license or other form of license, or requiring a license and Conditional Use. How a city handles the use depends on a variety of factors and what zoning district the use is being permitted or prohibited in. One of the bigger criticisms for short-term rentals (if Zoning permits the use) are that they impact local housing supply. This is because property owners have the option to convert their apartment units to short- term rentals. This conversion removes the unit from a permanent housing option to a temporary day to day rental arrangement and thus removes the unit as a permanent housing option for residents. Short-term rentals can have positive impacts too. This includes: increased lodging options, potential to collect more lodging tax (which the Convention and Visitor Bureau gets their funding from), and increased tourism activity. At this time staff is just informing the Commission of the inquiry and having some surface level conversation of the topic. It’s unknown if a formal Zoning amendment would be submitted. ATTACHMENTS: None REQUESTED PLANNING COMMISSION ACTION: None at this time. Inquiry is just informational staff welcomes any discussion on the topic. 42 43