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HomeMy WebLinkAbout2002-08-06 P & ZCITY OF CENTERVILLE PLANNING AND ZONING COMMISSION AUGUST 6, 2002 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on August 6, 2002, at 6:30 p.m. PRESENT: Ray DeVine Tom Wilharber Mary Jo Helmbrecht Brian Hanson David Kilian John McLean ABSENT: None COUNCIL: None STAFF: Ms. Bender I. CALL TO ORDER 1.Roll Call The meeting was called to order at 6:30 p.m. II. PUBLIC HEARING(S) None. III. AWARDS/PRESENTATIONS/APPEARANCES th 1. Mr. Roger Fink, 6907 Center Street/20 Avenue (Rezone from B-1 to R2A) Mr. Roger Fink of Center Oaks Partnership addressed the Commission to discuss a concept plan for building twinhomes if the property is rezoned. Mr. Fink explained where the parcel he wanted to rezone was located and indicated that it is adjacent to single family residential. Mr. Fink explained that Kenco Homes is a sister unit and would build the twinhomes being considered for this site. Page 1 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Mr. Fink indicated he felt this proposal would enhance the tax base because if the parcel remains a business district it may be a long time before a commercial user would be interested in it. Mr. Fink indicated that the project is targeted for empty nesters or seniors with a slab on grade one level living design. He then indicated the homes would have a two car attached garage and a generous backyard/open space area. Commissioner Wilharber asked if the garages would be on the north of the twinhomes. Mr. Fink indicated that each unit has a garage in the front and pointed out the location on a map. Commissioner DeVine asked what price range the twinhomes would be in. Mr. Fink indicated the estimate is in the low $150,000’s. He then said he drove through Eagle Pass and did not check to see what the homes sold for but they seem to be selling as fast as they are built. Commissioner Helmbrecht indicated that the information provided indicates a 420 square foot garage and pointed out that the City’s Code requires a minimum of 440 square feet. Mr. Fink explained that they ran into grading issues with the low elevation in back as well as setback issues and this concept allowed them to comply with the 20 feet between each structure for sideyard setback, a 10 foot sideyard to the west, and a 35 foot setback from the street curb. Ms. Bender indicated there would need to be the right-of-way plus the 35 feet. Mr. Fink indicated he would look at that but said he is not sure if the drawing shows the curb or the right-of-way. Chair Hanson asked if these twinhomes would have their own association. Mr. Fink indicated this would be its own separate association and would not be folded into any other. Commissioner McLean commented that there is a concern with the commercial tax base and a need to balance whether the property would ever develop commercially versus allowing this type of change in zoning. Mr. Fink indicated if the parcel remained business it would be a small building due to the size of the parcel and he estimates the City would end up with a 1200 square foot building. He then said that he calculates that the tax base from that size building would be $5,000 to $6,000 whereas the twinhomes as proposed would generate around $8,000 for the tax base. Commissioner DeVine indicated that residents have said they want owner-occupied housing when there was a previous public hearing. Page 2 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Ms. Bender indicated that someone had called on the north property and expressed interest in making it a boat manufacturing company. She then indicated that residents have said they would prefer something more residential than commercial. Commissioner Wilharber commented that owner-occupied is important because there are a lot of rental units in Willow Glen and they generate more calls for service from the police and social services. He then asked how that would be controlled to ensure that the units would always be owner-occupied. Mr. Fink indicated he would be willing to sign an agreement with the City to sell to buyers that are willing to take occupancy of the property but said that it would be difficult for the City to control someone’s right to rent out their property. He also commented that the design of the home may limit interest in renting. Commissioner Wilharber asked if Mr. Fink had spoken to Mr. Palzer in public works for further information. Mr. Fink indicated he had not but said he would be communicating with Rice Creek Watershed District and the building official. He then indicated that a wetland delineation had been done for the property and commented that they are not intending to impact the wetlands in any way. Commissioner Wilharber asked if Mr. Fink had met with the neighbors to the south. Mr. Fink said he had not. Commissioner Wilharber commented that this would be a movement that would more easily meet with the approval of residents in Center Oaks. Commissioner Kilian said he could not see rezoning the property when no one can know what will happen in the future. Commissioner Wilharber clarified that there would be such a small commercial building that the tax base would not be a large benefit to the City. Commissioner Helmbrecht indicated that a wetlands trade could be done in order to allow room for a larger building. She then said that the commercial property in town is very limited and she would be hesitant to zone away from commercial. Commissioner Wilharber indicated that he felt the concept was good but said the lawyer would need to look at it for the developer’s agreement and public works would need to make sure codes are met. Commissioner Kilian asked for clarification as to whether it is 420 square feet of garage for each unit or per building. Mr. Fink held up an elevation drawing of the homes they built in Blaine and said it seems they are two garages for each unit. Page 3 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Chair Hanson asked what market they were going after with the split entry model shown. Mr. Fink indicated that empty nesters go for the split entry to get more square footage as well as first time homebuyers because of the price point. Mr. Fink asked if they were to proceed with a formal application for rezoning how that would be received. Chair Hanson said he would think that the neighbors would be in support of it rather than commercial property. Commissioner DeVine asked what the timeframe would be. Mr. Fink asked what the timeframe for rezoning would be. Commissioner DeVine indicated it would be about two months. He then said that one of the main goals of the current Mayor and City Council was to increase the commercial tax role of the city. He further said that he does not agree that the goal would be diminished by this and then said that he is not sure that Council would approve a rezone if recommended by the Planning Commission. Commissioner Kilian indicated that he felt it would be a domino effect if the property is rezoned back to residential as the other parcels along that stretch would want to do the same. Commissioner McLean commented that the City could be sitting on the property for a number of years waiting for it to develop commercially. He then said that he does not think the property would develop until after the industrial park is full. Commissioner DeVine commented that a planner would say R2A would fit in fine but as taxpayers he wants to say do not take away our commercial property. He then said that if someone tried to put in something like a McDonalds there would be opposition from the neighbors. Chair Hanson commented that the parcel is a bad location for business. Commissioner Wilharber commented that, if the County gets its way with widening Main Street, the City may need to rezone some parcels as the residences will be lost. Commissioner Kilian commented that there have been complaints of traffic on th Centerville Road and more and more traffic is traveling on 20 Avenue. He then said he does not think it will be that long before the property develops commercially. Commissioner Wilharber commented that the group was split 50/50 and then said that Council makes the final decision. Mr. Fink thanked the Commission for the comments and said they would discuss it and determine what to do. Page 4 of 10 Planning and Zoning August 6, 2002 Meeting Minutes IV. OLD BUSINESS 1.Right of Way Ordinance Commissioner Helmbrecht indicated the language concerning codes in the beginning is not needed. She then said she questioned on Page 2 whether continuous length in excess of 500 feet was used by other cities or what the standard is. Commissioner DeVine said others are using that number because this was received from the League of Minnesota Cities. Ms. Bender indicated she would look into whether the ordinance as presented was approved by other cities or if the wording was changed. Commissioner Helmbrecht asked about fees for unreasonable delays and permit extensions as it seems the two sections do not agree. Commissioner DeVine explained the delay penalty happens if the permit is extended without the applicant making an application to do so. He then commented that the penalty is set by the City Council. Commissioner Helmbrecht asked that public works review the wording on Page 3 concerning pavement patching. Commissioner Helmbrecht suggested reviewing the language on Page 5 because she is not sure the City has a capital improvement plan. Commissioner Helmbrecht asked that the wording on Page 7 under Subdivision 2 be changed to add “and the well being of the general public. She also asked for the same change on Pages 9 and 10. Commissioner Helmbrecht asked for an explanation of what franchise fees were. Ms. Bender indicated the City does not have franchise fees. Commissioner Helmbrecht asked that someone look into the franchise fee section. Ms. Bender indicated Staff would review the matter. The Commission asked to delete the wording “for reasons beyond the permittee’s control.” Commissioner Helmbrecht asked whether the City would need to consider an under grounding ordinance. The Commission asked Staff to check with Mr. Palzer to see if the City needs an under grounding ordinance. Page 5 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner DeVine said he would be concerned with removing things before showing the ordinance to the attorney. He then said that the questions should be shown to the attorney before anything is removed from the ordinance. Ms. Bender indicated that she would ask the attorney to review the Commission’s proposed modifications. Commissioner Helmbrecht asked if the fees were comparable to other cities. Ms. Bender suggested removing that section and adding the fees to the fee schedule as the ordinance would not need to be changed each time the fee changed. She then said that she could verify the fees charged in other cities. THE Commissioner DeVine asked for the following request to be bolded in the minutes: COMMISSION REQUESTED THAT STAFF SEEK THE OPINION OF THE CITY ATTORNEY WITH REGARD TO THE PROPOSED CHANGES TO THE RIGHT OF WAY ORDINANCE BEFORE THOSE CHANGES ARE MADE . V. NEW BUSINESS 1. Ordinance #59 – Star City Commission (Repeal – Program Sunsetted) Motion by Commissioner DeVine, seconded by Commissioner Wilharber to recommend repealing Ordinance #59. Ayes – 5, Nays – 1 (Helmbrecht). Motion carried. VI. DISCUSSION ITEMS 1. 2003 Planning and Zoning Meeting Minutes Motion by Commissioner DeVine, seconded by Commissioner Wilharber to approve the 2003 budget as the same as 2002. Ms. Bender asked if the Commission wanted to keep professional services at $3,000. The Commission indicated that it did. Ms. Helmbrecht asked for clarification of the $2,400 from 2001. Ms. Bender indicated that it was for APA, the recording secretary and memberships. Commissioner Kilian asked for clarification of the $822.00 spent year-to-date for professional services. Ms. Bender indicated she could provide detailed information on the requested items if desired. Commissioner DeVine asked which budget is charged when the Commission seeks the opinion of the City Attorney. Page 6 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner Helmbrecht suggested recommending that Council ask for clarification from the City Attorney. Commissioner Kilian asked what the total budget is. Chair Hanson indicated the total budget is $6,780.00. VOTE: All in favor. Motion carried unanimously. 2. Fencing Issues & Zoning Permit/Revision to Ord #4 (September) Commissioner DeVine indicated that the Commission has been waiting for Mr. Palzer to provide a list of items he wants to have permits for. Ms. Bender indicated she would ask for an update in memo form from Mr. Palzer. Ms. Bender indicated there are two cases where fences were placed on property lines without securing a neighbor’s signature as required. Commissioner Helmbrecht asked if they could get permission after the fact. Ms. Bender explained that in one situation the neighbors agreed on a privacy fence but a chain link fence was installed and the neighbor has not yet provided signed permission. She then said that she had been told that these types of issues are civil issues between the parties but the residents are suggesting it is a City responsibility. Commissioner DeVine commented that the ordinance was written with the intent to require your neighbor’s permission. Chair Hanson indicated that the matter is a civil issue. Ms. Bender commented that it is an ordinance violation because there is no signature by the neighbor. Chair Hanson indicated the fence would need to come down or be moved. Commissioner DeVine asked for copies of other fence ordinances to see what other cities are doing. He then said that it is common to allow fences on the property line. Commissioner Helmbrecht commented that Ms. Moore-Sykes had recommended requiring a fence permit. Ms. Bender explained the other fencing issue is between two neighbors who are fighting over the fence but also the true location of the property line and they think it is a City responsibility and refuse to have a survey done. Page 7 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner DeVine said he would like to look at other ordinances to see how other cities handle this type of situation. Commissioner Wilharber indicated that Mr. Sweeney had sent in an Ordinance #4 question concerning setbacks for enclosed front porches. Ms. Bender commented that if it is not completely enclosed it is allowed. Ms. Bender indicated there had also been a complaint concerning an accessory structure that is quite tall with a barn style roof. She then commented that Staff had reviewed the ordinance and accessory structures can be as tall as 35 feet per ordinance. Chair Hanson indicated he had thought the Commission limited the height of accessory structures to no more than 14 feet. Ms. Bender found the section in Ordinance #4 and read it for the Commission. The Commission agreed that the maximum height of accessory structures needed to be addressed. Commissioner Helmbrecht asked for an update of what will be published for Ordinance #4. The Commission asked for a copy of the new ordinance. Commissioner Kilian asked for copies of the ordinances that have been finished in the last two or three years. Chair Hanson also asked for a list of the ordinances that are more than three years old. Commissioner Helmbrecht asked for the adult ordinance to be on the agenda for the next meeting. Chair Hanson asked why there was no public hearing on the tattooing and body piercing as requested. Ms. Bender indicated that Council had requested that changes be made and the public hearing will be in August. Commissioner DeVine said he did not think the ordinances were given to Council as the request was to schedule the public hearing. Ms. Bender explained that the process has been modified so that the City Council can provide review and input before the public hearing in an effort to save the City money. She further commented that there have been several instances when a public hearing is held and a recommendation made and then Council makes changes. Page 8 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner Kilian asked that Staff provide information in packets in this type of situation in the future so that the Commission is aware of why the public hearing, as requested, has not been scheduled. Ms. Bender asked if the Commission was aware that the Mayor has requested that any meeting where there is a public hearing scheduled be cablecast. She then asked if the Commission wanted to have the public hearing at the Planning Commission or Council level. The Commission indicated that Council could make that determination and said that it would be a cost savings to have the public hearing at the Council level so that there is not more cost to cablecast meetings. Ms. Bender indicated that any public hearings for Ordinance #4 require two public hearings and there would be one at the Planning Commission level and one at Council. Ms. Bender asked if the Commission wanted to see Ordinances 70 and 71 before the public hearing. The Commission indicated that they wished to see the ordinances as well as information on Council input. Commissioner McLean asked if the Commission still has a vacancy. Ms. Bender indicated that there is a vacancy on the Commission and said that information is being run on cable concerning the opening. Commissioner Wilharber suggested that the vacancy be placed in the week in review that is published in the Quad to reach more residents. Commissioner Kilian indicated he was asked by City workers why the berm is not on the east side of the Drilling development. He also indicated that there was a question as to why it had not been sodded and looks like seed will be used. Ms. Bender indicated a trail needed to be constructed. Commissioner Kilian indicated there is also a concern about handicap accessibility. Commissioner DeVine suggested directing the questions to Ms. Moore-Sykes as that type of issue is not a zoning issue. Commissioner Wilharber commented that the matter is a City issue and asked Ms. Bender to direct them to Ms. Moore-Sykes. Ms. Bender commented that she wished that Staff would feel more comfortable talking to Ms. Moore-Sykes with these types of issues. Commissioner Kilian indicated he would come to City Hall around 10:30 a.m. on Friday, August 9, 2002 to discuss the matter with Ms. Moore-Sykes. Ms. Bender asked for clarification as to whether the Commission wanted to review the adult establishment ordinance or the adult ordinance that was never approved. Page 9 of 10 Planning and Zoning August 6, 2002 Meeting Minutes Commissioner Helmbrecht indicated the Commission wished to review the adult establishment ordinance to confirm that there is language covering body piercing and tattooing. VII. CONSIDERATION OF MINUTES 1. July 2, 2002 Planning and Zoning Meeting Minutes Motion by Commissioner Helmbrecht, seconded by Commissioner DeVine to approve the July 2, 2002 Meeting Minutes as amended. All in favor. Motion carried unanimously. Commissioners Kilian and McLean abstained from voting as they were not present at the meeting. VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded by Commissioner Kilian to adjourn the August 6, 2002 Planning Commission Meeting at 7:58 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10