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HomeMy WebLinkAbout2002-01-08 P & ZCITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JANUARY 8, 2002 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on January 8, 2002, at 6:30 p. m. PRESENT: John McLean Ray DeVine Brian Hanson Tom Wilharber David Kilian ABSENT: None. COUNCIL: Linda Broussard Vickers STAFF: Public Works Director, Paul Palzer I. CALL TO ORDER 1.Roll Call The meeting was called to order at 6:33 p.m. II. PUBLIC HEARING(S) 1.Spivak Variance (Cancelled) Chairperson Hanson opened the public hearing at 6:33 p.m. There was no one in attendance for the public hearing. Motion by Commission Member DeVine, seconded by Commission Member McLean to close the public hearing. All in favor. Motion carried unanimously. Mr. Palzer commented that, if the City does not change the zoning for the C-1 district, Ms. Spivak would need a variance from the City in order to build her deck. III. APPEARANCES None. Page 1 of 6 IV. OLD BUSINESS 1.Ordinance #4 Amendments Commissioner Wilharber asked why Division 30 had been changed to extend the timeframe to allow for an abandoned or discontinued usage to 12 months. Mr. Palzer indicated that the City’s Code was in violation of state laws and needed to be changed. Council Liaison Broussard Vickers indicated that at the last meeting the Commission decided to return to calling everything a structure rather than building on some items. She then indicated that the portion concerning the items requiring a zoning permit needed to be added. Mr. Palzer indicated the Code should have principal structure, accessory structure and then something else because a zoning permit should be required for everything other than garages. Commissioner DeVine indicated he felt all Commissioners needed to have the most recent copy of the Ordinance because there were too many different copies circulating. Commissioner Kilian requested that the Ordinance book be updated because his is over two years old. Mr. Palzer indicated that Staff was working on providing an updated book for all Commissioners. After various discussion, it was determined that there was confusion as to what changes were made and which draft of the Ordinance the Commission should be working from. Motion by Commission Member Kilian, seconded by Commission Member DeVine to table this matter to next month’s meeting and request that Staff provide the most recent version of Ordinance #4 to the Commission along with the list of proposed changes for discussion. Commissioner Wilharber indicated that the garage amendment would have been version four so the changes being discussed would be version five. Mr. Palzer suggested using the wording accessory zoning structures so residents would know that a zoning permit is required. Mr. Palzer suggested defining structures by Tier 1 which require a building permit, and Tier 2 which require a zoning permit. Page 2 of 6 Commissioner DeVine suggested that Mr. Palzer come up with a list of items for which he wished to require zoning permits for discussion at the next meeting. Council Liaison Broussard Vickers indicated that the information should be provided to the Commission within two weeks, and three weeks maximum to allow time for the Commission to review the changes. Vote: Ayes – 5, Nays – 0. Motion carried unanimously. 2.Zoning Map Modifications Mr. Palzer indicated that the City would be passing the Storm Water Management Plan and said that would incorporate some of the Rice Creek Watershed District rules. He then indicated that the C-1 zoning was not intended to be a conservation district but a recreation district for a possible trailway along the creek. Council Liaison Broussard Vickers indicated that the residents that had attended the public hearing were concerned about development in the C-1 district around the lake. Mr. Palzer indicated that passage of the Storm Water Management Plan would place a lot more restrictions on development than what there are currently. Commissioner Wilharber asked what would happen if a developer came to the City now and wanted to fill in the wetland and mitigate. Mr. Palzer indicated that the large pond is a DNR protected wetland with a DNR number and cannot be mitigated. He then indicated that for the rest of the area a developer would need to go through the Rice Creek Watershed District procedure for approval. Commissioner Kilian pointed out that a resident had expressed concern that the area was not a “natural” wetland because it was dug out which may mean it could be filled in. Council Liaison Broussard Vickers indicated that there may be enough land that is not DNR protected wetland that could be mitigated to create house pads. Mr. Palzer indicated that it may be possible to fill it in enough to create house pads on the west side and create a small cul-de-sac but stated development is up to the landowner, not the City. Commissioner Wilharber indicated he would prefer to wait on changing the zoning of the C-1 district until after the City adopts the Storm Water Management Plan because there may be someone out there that has enough money to fill in the wetland and build there. Council Liaison Broussard Vickers indicated that the Planning Commission needed to make a recommendation on the variance that was requested which means that either the zoning needs to be changed or a variance granted. Page 3 of 6 Chairperson Hanson asked when the City would be approving the Storm Water Management Plan. Council Liaison Broussard Vickers indicated she expected the City to consider and approve the Storm Water Management Plan sometime in the next few months. Mr. Palzer indicated he had received comments from the Metropolitan Council and expected to have the matter on Council’s agenda in January. Commissioner DeVine asked if it was possible to add a paragraph in Ordinance #4 to reference the C-1 district. Council Liaison Broussard Vickers indicated it would be more practical to change the zoning to R-1 or R-2 to match the adjoining parcels. Commissioner Kilian indicated he would prefer to wait and see how the Storm Water Management Plan progressed prior to rezoning the C-1 district. He then indicated he would rather grant the variance than jeopardize the property along the creek. Mr. Palzer indicated that Rice Creek Watershed District is in charge of protecting the wetland and had recently issued a cease and desist order and required a resident to remove fill that was placed in the wetland. He then commented that it would be impossible for the City to enforce if not defined in the ordinance. Commissioner DeVine noted that the minutes from the last meeting indicate the Commission wanted to check with the City Attorney and the consultant who worked on the Comprehensive Plan prior to rezoning the C-1 district. He also noted that Ms. Moore-Sykes was asked to contact the homeowner that had requested the variance and ask them to sign an extension. Council Liaison Broussard Vickers indicated that Staff would need to determine whether an extension was signed or the matter would need to be on Council’s agenda for the January 9, 2002 meeting. Mr. Palzer suggested deleting the C-1 district along the creek and putting in a wetland zoning district for the other C-1 parcel that would allow no building. Council Liaison Broussard Vickers indicated that the City would need to check with the City Attorney to make sure that changing the zoning to not allow for building would amount to a taking of property. Commissioner DeVine asked what was decided on PUD’s. Mr. Palzer indicated that the Commission decided not to put anything on the official map but have one for reference for the Commissions and Staff. Council Liaison Broussard Vickers indicated that, if a waiver was not signed and Council did not act to deny the variance at its meeting on January 9, 2002, the variance would be granted by inaction. Page 4 of 6 Commissioner DeVine commented that it was his opinion that it would make more sense to grant the variance rather than deny it and then fix the situation so she would not need it. Council Liaison Broussard Vickers indicated the City did not want to grant variances based on the fact that something would be changed because you never know if it really will happen. Commissioner DeVine asked whose responsibility it was to ask Staff to contact the City Attorney concerning the questions raised. Council Liaison Broussard Vickers indicated she felt it was Mr. Palzer’s responsibility because he is the Staff person in attendance. Mr. Palzer agreed to pass the information on to Ms. Moore-Sykes. Motion by Commission Member DeVine, seconded by Commission Member Kilian to table rezoning of the C-1 District pending a recommendation from the City Attorney and review of the Surface Water Management Plan. Mr. Palzer suggested the Commission could make a recommendation to grant the variance based on Rice Creek Watershed District approval. Vote: Ayes – 5, Nays – 0. Motion carried unanimously. V. NEW BUSINESS 1. Consideration of Ms. Mary Jo Helmbrecht’s Letter of Interest in Serving on the Planning and Zoning Commission. Commissioner Kilian asked if the Commission needed to interview Ms. Helmbrecht. Commissioner Wilharber indicated that Ms. Helmbrecht had served the City as a Council Member. Commissioner Kilian indicated he would like information as to why Ms. Helmbrecht is interested in serving. Council Liaison Broussard Vickers indicated Ms. Helmbrecht wanted to get back into public service again. Motion by Commission Member Wilharber, seconded by Commission Member DeVine to recommend Council acceptance of the letter of interest from Ms. Helmbrecht to serve on the Planning and Zoning Commission. All in favor. Motion carried unanimously. Page 5 of 6 VI. DISCUSSION ITEMS None. VII. CONSIDERATION OF MINUTES 1.December 4, 2001 Meeting Minutes Commissioner DeVine requested the following change: On Page 3 indicate that the interim planner was an “intern.” Motion by Commission Member DeVine, seconded by Commission Member Wilharber to approve the December 4, 2001 Meeting Minutes as amended. Ayes – 4, Nays – 0, Abstain – 1(Kilian). Motion carried. VIII. ADJOURNMENT Motion by Commission Member Wilharber, seconded by Commission Member DeVine to adjourn the December 4, 2001 Planning Commission Meeting at 7:50 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 6 of 6