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HomeMy WebLinkAbout2002-02-05 P & ZCITY OF CENTERVILLE PLANNING AND ZONING COMMISSION FEBRUARY 5, 2002 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on February 5, 2002, at 6:30 p. m. PRESENT: John McLean Ray DeVine Tom Wilharber David Kilian Mary Jo Helmbrecht ABSENT: Brian Hanson. COUNCIL: Dick Travis STAFF: City Administrator, Ms. Moore-Sykes I. CALL TO ORDER 1.Roll Call The meeting was called to order at 6:30 p.m. II. OATH OF OFFICE Ms. Moore-Sykes administered the Oath of Office to Mary Jo Helmbrecht. The Planning Commission welcomed Ms. Helmbrecht to the Commission. III. PUBLIC HEARING(S) None. IV. APPEARANCES 1. Mr. and Mrs. Carlie Olson (Dog Kennel/Industrial District) Mrs. Olson explained to the Commission that she is unable to proceed with her plans for building the dog kennel until the City changes Ordinance #4 to allow for the dog kennel in the industrial district. She then asked the Commission to consider pushing her change through ahead of the other Ordinance #4 amendments. Page 1 of 7 Acting Chair DeVine indicated he felt that Ordinance #4 would be reviewed and forwarded to Council at this meeting. Commissioner Kilian commented that he felt the Commission would be able to wrap up its changes to Ordinance #4 at this meeting and move it on to Council. Acting Chair DeVine asked Mrs. Olson to stay until after Ordinance #4 was discussed and that way the Commission could determine whether Ordinance #4 was ready to go to Council or whether the Commission needed to consider her request to push her request through ahead of the other changes. 2. Mr. Dennis Shudy (Proposed Lot Split/Subdivision – Sheehy Property) Mr. Shudy addressed the Commission and indicated he intends to purchase a portion of the Sheehy property and would like approval of a lot split. He then explained how he intended to subdivide the property. Commissioner Wilharber asked Mr. Shudy how he intended to access Lot B. th Mr. Shudy indicated he intended to access Lot B through an easement off of 20Avenue and/or through an easement to the south to go in along Lot C. He then noted he would have no problem with the City requiring a path through the property if the City would like to do so. Acting Chair DeVine indicated that the City has a policy of obtaining easements for trailways when doing subdivisions to allow for future trail connections. He then noted that there was no time to notice for a public hearing and the discussion was informational for the Commission. He further commented that he did not see a reason why the Commission would have an issue with allowing the subdivision. Commissioner Wilharber asked how Mr. Shudy proposed to run sewer and water to the th property. Mr. Shudy indicated there were three stubs out to 20 Avenue and explained how he intended to use them. Commissioner Wilharber indicated the City would need an easement where the sewer and water run to allow for maintenance. He also commented that the City may require that sewer and water be brought to the piece of property Mr. Sheehy intends to keep. Acting Chair DeVine advised Mr. Shudy to keep in touch with the City Clerk to make sure the various applications are turned in on time. Commissioner Helmbrecht asked if the subdivision is in the flood plain. Mr. Shudy explained that Lot C would always be in the flood plain because of the wetlands and noted that some other areas are wet as well. He then noted that Rice Creek Watershed and the Army Corp of Engineers would make the determination. Page 2 of 7 Commissioner Wilharber asked if Mr. Shudy intended to ask the County to realign County Ditch 55. Mr. Shudy indicated he had considered doing so but was informed that the study, not including permits, would cost between $30,000 and $40,000. V. OLD BUSINESS 1.Ordinance #4 Amendments Ms. Moore-Sykes indicated that the copy of the ordinance that was provided in the packets uses underlining for language to be added and strikethroughs for wording to be deleted. Acting Chair DeVine led the commission through the list of proposed changes. Acting Chair DeVine noted that the special requirements on page 35 needed to be struck out. Commissioner Kilian questioned whether it made sense to add the sentence concerning dwelling units to the M-1 district. He then commented that if the language was left in the dwelling units above the businesses in town could have outside storage. Commissioner Wilharber indicated he did not think the City could discriminate against those living in the units above the businesses and said he would think that the businesses would want to keep their lots open to allow parking for customers. He then commented that he felt it was the landlord’s responsibility to determine what is allowed on the property. Ms. Moore-Sykes asked if adding dwelling units to the M-1 District would be creating a problem for the commercial owners if a renter discovers they can have outside storage. Commissioner McLean indicated it was the landlord’s responsibility to restrict tenants through the lease. Commissioner DeVine suggested changing dwelling units to dwellings. It was the consent of the Commission to change the words dwelling units to dwellings. Commissioner Wilharber asked Ms. Moore-Sykes to determine if the words dwelling units are used in any other instance in the document and, if not, to delete the definition of dwelling units because it is not needed. Acting Chair DeVine indicated it was the Commission’s intent to allow an exception to the rule that, if your house is damaged or destroyed, it could be built closer to the lake than allowed by Ordinance based on the average of the setbacks of the neighboring Page 3 of 7 houses. He then commented that under no circumstance would the City allow a house closer than 50 feet to the lake. Commissioner McLean asked Ms. Moore-Sykes to search the document to make sure that the setback issue with regard to properties on a lake is not addressed in any other location in the Ordinance. Acting Chair DeVine indicated that the new requirement for site plan review gives staff time to review the project and provide comments in the staff report before it comes to the Planning Commission. Commissioner McLean suggested deleting the language on Page 31 concerning permitted principal uses. The Commission determined that the two sentences he was referring to on Page 31 should be deleted and the words permitted uses and/or uses permitted by special use permit should be used. Motion by Commission Member McLean, seconded by Commission Member Wilharber to accept the fourth addition amendments to Ordinance #4 with the noted changes, recommend to Council approval of Ordinance #4 as amended, and ask that Council hold the public hearing in order to speed the process along. Commissioner Wilharber suggested a friendly amendment to request that the public hearing be held at the Council level in order to speed up the process. Vote: All in favor. Motion carried unanimously. 2.Zoning Map Modifications Ms. Moore-Sykes indicated she had attended the Tri-City meeting with Hugo and Lino Lakes and there was some discussion concerning extending the trails from the Hugo side of the freeway. She then questioned whether it would be possible to connect the trails to the C-1 zoned area. Commissioner Wilharber indicated there is no easement for a trail through that property. He then indicated he was not sure why the C-1 zoning was put in place but noted that way back the City realized that there were already established homes on the property and the City would need to condemn land or purchase easements in order to have the trail. Commissioner Kilian commented that he did not think it made sense to have a trail branch off from the main trails to travel through residents’ backyards because the trail does not go anywhere. Commissioner Helmbrecht commented that there would be no lighting. Commissioner Wilharber commented that he has always maintained there is a safety issue with children with a trail next to a creek. Page 4 of 7 Acting Chair DeVine commented that, when this matter was discussed previously, there were residents in attendance who had asked the Commission not to rezone the C-1 district. Ms. Moore-Sykes indicated that the C-1 parcels are privately owned property and, if Rice Creek Watershed District and the DNR give authorization, the property owner has the right to fill the property. Commissioner DeVine indicated that Mr. Palzer had been asked to discuss the matter with the City Attorney. Council Liaison Travis indicated the matter was discussed briefly at the Council meeting and the City Attorney had indicated that placing restrictive zoning on the property would amount to a taking. He then indicated that, if the City wanted further information Mr. Hoeft would need to be asked to further investigate the matter. Commissioner DeVine indicated that a large portion of the C-1 zoning is a DNR protected wetland with the number 546W. Commissioner McLean suggested that the property be rezoned to match the adjoining properties that are zoned R-2. Ms. Moore-Sykes indicated that the DNR and Rice Creek Watershed District govern those properties because they are in the floodway. Commissioner Helmbrecht asked how the City would control a resident putting something in that does not require a permit, such as a fence. Commissioner Wilharber explained that, with the new Ordinance, everything needs a site review because the City wants to look at things to eliminate the issues with fencing in the wrong place and that type of issue. Commissioner Kilian suggested rezoning the P-1 parcel near the C-1 district because it is no longer public land. Commissioner Wilharber suggested that Staff bring it to the attention of the landowners that the property should be rezoned because the landowners should be the ones asking that the property be rezoned. Commissioner Wilharber asked if Council had approved the shoreline ordinance. Council Liaison Travis indicated Council had not approved a shoreline ordinance and noted the Surface Water Management Plan was a draft and contained many errors. Page 5 of 7 Motion by Commission Member McLean, seconded by Commission Member Kilian to recommend to Council that the C-1 Districts be rezoned to match the adjoining parcels subject to approval by the City Attorney. Ayes – 4, Nays – 0, Abstain – 1 (Wilharber). Motion carried. Commissioner Wilharber abstained from voting because he said he feels there had to be a reason why the property was zoned C-1 and he does not think it would have taken much to add it to the Comprehensive Plan. VI. NEW BUSINESS 1. Consideration of Mr. and Mrs. Carlie Olson’s Request (Dog Kennel/Industrial District). No action was needed on this item because the Commission sent Ordinance #4 on to Council for consideration and approval. VII. DISCUSSION ITEMS 1. Conditional Use Permits – Containing Same in Ordinance #4 Ms. Moore-Sykes indicated she had provided information from another City concerning the use of conditional use permits for nonconforming uses. She then commented that the conditional use permits had not been used for accessory structures. Commissioner Wilharber indicated he did a little driving around after that issue was discussed and commented that there are a lot of sheds built too close to homes to meet the current Ordinance requirements. He then commented that Mr. Michaels had called City Hall and been told he could reconstruct his shed in the same location. Acting Chair DeVine said he felt the City needed to be realistic and realize that Mr. Michaels was given faulty information and the City should not make him tear down the shed and should give him a permit to allow him to maintain it. Commissioner Wilharber commented that the new procedures would take care of these problems in the future. Acting Chair DeVine explained that over the past year or so there has been a big push to try to eliminate most, if not all, variances that the City gives out by redoing ordinances. Commissioner Wilharber commented, unless you build a city from scratch, there will be cases where you need to grant variances. He then said he did not think the City looked too bad with regard to what previous Councils had approved. Page 6 of 7 2. Fence Permits – Containing Same in Ordinance #4. Commissioner Helmbrecht asked if fees are included in the zoning permit. Acting Chair DeVine asked if zoning permits were established as discussed. Commissioner Wilharber asked if Mr. Palzer had provided the list of items to be included in Ordinance #4 that will require zoning permits. Ms. Moore-Sykes indicated she would ask Mr. Palzer for his list. VIII. CONSIDERATION OF MINUTES 1.January 8, 2002 Meeting Minutes Motion by Commission Member Wilharber, seconded by Commission Member Kilian to approve the January 8, 2002 Meeting Minutes as presented. Ayes – 4, Nays – 0, Abstain – 1(Helmbrecht). Motion carried. Commissioner Wilharber indicated he had some comments concerning the Surface Water Management Plan and gave them to Ms. Moore-Sykes to pass along to the City Engineer. Acting Chair DeVine asked Ms. Moore-Sykes to provide the Commission with copies of Commissioner Wilharber’s comments concerning the Surface Water Management Plan. IX. ADJOURNMENT Motion by Commission Member DeVine, seconded by Commission Member Wilharber to adjourn the February 5, 2002 Planning Commission Meeting at 8:03 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 7 of 7