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HomeMy WebLinkAbout2002-11-12 P & ZCITY OF CENTERVILLE PLANNING AND ZONING COMMISSION NOVEMBER 12, 2002 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on November 12, 2002, at 6:30 p. m. PRESENT: Ray DeVine Tom Wilharber Brian Hanson David Kilian John McLean ABSENT: Mary Jo Helmbrecht COUNCIL: Council Member Travis STAFF: Ms. Kim Moore-Sykes Mr. Paul Palzer, Public Works Director/Building Inspector I. CALL TO ORDER 1.Roll Call The meeting was called to order at 6:30 p.m. II. PUBLIC HEARING(S) 1. Buckbee – Rezone/Preliminary Plat Request The Chair opened the public hearing to consider the rezone/preliminary plat request submitted by Mr. & Mrs. John Buckbee III, 7381 Peltier Circle. Mr. Dean Luxenburg, 1697 Peltier Lake Drive, stated that he had concerns regarding the zoning reclassification of the C-1 parcel and felt that there was not enough of a protective buffer for the wetlands located near the site of the proposed development and that there should be restrictive covenants that would protect areas such as these. Chairperson Hanson explained that the zoning classification of C-1 (Conservation) was a concept to allow future trails to be constructed along the creek and should not have been placed on the current zoning map. Chairperson Hanson also explained that the C-1 zoning district is not included in the City’s Ordinance #4 or Comprehensive Plan. Chairperson Hanson explained that Rice Creek Watershed District (RCWD) would need Page 1 of 7 to review the preliminary plan and issue permits that would govern set backs and protection for wetlands. A resident raised several questions regarding the amount of re-zone requests for the same parcels, amounts of special assessments that would be incurred by near-by residents, the nearest lift stations capacity and the potential need for archeological sample of the proposed area. Commission Member DeVine stated that a property owner could request re-zoning of a property as many times as they desired; however, it would not be financially practical unless there was an intent to develop or a specific use desired due to the fact that a re- zone request fee is charged. Chairperson Hanson stated that, at a later date, there may be special assessments assessed to properties benefited by the extension of the municipal watermain that would service this new development. However, the Buckbee re-zone request had nothing to do with special assessments and that request would need to be approved by Council prior to preliminary plat consideration. Public Works Director, Paul Palzer, addressed the resident’s concern regarding the capability of the nearest lift station and its ability to handle the proposed increased development. Mr. Roger Shimon, 1751 Peltier Lake Drive, questioned whether there would be a holding pond for water run-off and stated concerns regarding possible water problems that the development could cause to neighboring residents and the proposed development if they are not properly addressed. Mr. Shimon also had concerns regarding the proposed developments increased traffic loads and Mill Road’s sharp left turn. Chairperson Hanson stated that the City’s Engineer would be reviewing the preliminary plat for elevations, watermain extension, etc. and that the Buckbees would need the proper permits from the RCWD which would address water run-off, pond, etc. Another resident had concerns regarding setbacks from the creek and channel, water run- off and lake conditions and whether or not the Department of Natural Resources (DNR) would have input about this proposed development. Chairperson Hanson stated that RCWD would need to review the preliminary plat and make recommendations and issue permits for set backs from the wetlands, channel, lake, ponding and run-off issues. Ms. Susan Seeley, 1784 Peltier Lake Drive, had concerns regarding the special assessments that may be levied against her property and questioned whether there was an estimate of what they might be. Chairperson Hanson again stated that the special assessments would be addressed at a later date and estimates were not available. Page 2 of 5 Ms. Bonnie Larson, 1724 Peltier Lake Drive, stated that she did not believe that enough questions were being asked and enough answers received to warrant any decision on this matter by either Planning and Zoning or Council. Ms. Larson felt that the zoning classification of C-1 should remain. Ms. Larson questioned whether the zoning classification of a parcel affected the property tax paid on the parcel. Chairperson Hanson stated that the zoning classification had no bearing on the market value of a property and explained that the C-1 zoning district was not an accurate classification. Mr. Shimon questioned why more information was not available and stated that decisions should not be made if proper information is not available to residents. Chairperson Hanson stated that Planning and Zoning was considering the re-zoning request and that had no affect on surrounding property owners, special assessments or setbacks. Chairperson Hanson stated that the preliminary plat would address setbacks, the amount of town homes, park dedication, watermain, etc. City Administrator, Ms. Moore-Sykes, stated that the City’s Engineer had just received a copy of the preliminary plat and would be forwarding recommendations or concerns to Council. Mr. Leon Moran, 1743 Peltier Lake Drive, stated that currently they have water issues and the submitted preliminary plat does not indicate or address those issues. Mr. Moran was concerned that the proposed development may cause additional water issues with surrounding residents. Mr. Thoedore Erkenbrack, 7377 Peltier Circle, stated that he and his wife were 20-year residents of Centerville and they felt that the proposed amount of town homes was in excess and would prefer less. Mr. Gonyea, Gonyea Homes, Inc., stated that the Buckbee’s have owned the property proposed for development since 1984 and their intention has always been to develop it at some point. Ms. Bonnie Larson stated that adding development is a “broken record” and the City should be interested in keeping land natural. Chairperson Hanson stated that the individual property owner has a right to develop their property. There was discussion regarding park dedication, sidewalks and trail connection to the Lakeland Hills development. Ms. Moore-Sykes stated that the Parks and Recreation Committee had not reviewed the preliminary plat, but was aware of it and that Mr. & Mrs. Buckbee would be touching base with them shortly through e-mail and planned on attending their next meeting. Page 3 of 5 Ms. Sanna Buckbee, 7381 Peltier Lake Circle, stated that she had received information from the City Engineer earlier that day and disagreed with some of the recommendations that were made. Commissioner Wilharber stated that the City’s intent was to loop municipal services through the Lakeland Hills development when that project was being developed and that $50,000 was set aside for offsetting the costs associated with its completion. Chairperson Hanson closed the public hearing at 7:35 p.m. Motion by Commissioner DeVine and seconded by Commissioner McLean to recommend to Council the approval of the requested rezoning of PID #R14-31-22- 31-0017, R14-31-22-31-0019 & R14-31-22-31-0023 to R-2 as requested. All in favor. Motion passed unanimously. Motion by Commissioner Kilian and seconded by Commissioner Wilharber to recommend to Council the approval of the preliminary plat subject to 100’ foot setbacks, Rice Creek Watershed District permits and recommendations and removal of all non-conforming outbuildings. All in favor. Motion passed unanimously. 2. KCR, Inc. – Mr. Richard S. Carlson Lot Split Request Chairperson Hanson opened the public hearing at 8:05 p.m. Mr. Wilharber stated that previously, the property in question, was part of the Wilharber estate and when his mother passed away the property was sold to KCR, Inc. – Mr. Richard S. Carlson. However, Mr. Wilharber’s garage, raspberry patch and garden are contained on a parcel that Mr. Carlson currently owns. Mr. Wilharber explained that within the purchase agreement with Mr. Carlson, Mr. Carlson to split off the property in question and Mr. Wilharber would retain it. Chairperson Hanson closed the public hearing at 8:09 p.m. Motion by Commissioner DeVine and seconded by Commissioner Kilian to recommend to Council the approval of the requested lot split by KCR, Inc. – Mr. Richard S. Carlson as submitted. All in favor. Commissioner Wilharber Abstained. Motion passed. 3. Mr. Tom Wilharber – Lot Combination/Re-Zone Reqeust Chairperson Hanson opened the public hearing at 8:10 p.m. Mr. Wilharber explained that he is trying to accomplish one (1) deed/title for the properties in question and the combination of his current parcel in an attempt to have one (1) property tax statement and obtain the proper zoning classification. Page 4 of 5 Chairperson Hanson closed the public hearing at 8:13 p.m. Motion by Commissioner DeVine and seconded by Commissioner McLean to recommend to Council the approval of the requested lot combination/re-zone from R-1 to R-2 by Mr. Tom Wilharber as submitted. All in favor. Commissioner Wilharber Abstained. Motion passed. III. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. Lloyd Drilling Mr. Drilling was not present at the meeting. The Planning and Zoning Commission welcomed Mr. Drilling’s attendance at another meeting if desired. th 2. Mr. Noo Vang, Butcher/Slaughter Shop – 6867 – 20 Avenue South Mr. Vang requested that the Planning and Zoning Commission consider adding butcher/slaughter businesses under permitted uses in the Industrial District. Chairperson Hanson stated that an amendment would need to be made to Ordinance #4 to allow for this request, along with the appropriate licensing to operate a business such as this. Mr. Vang thanked the commission for their time. th 3. Mr. Gerald Rehbein – 20 Avenue Lot Split/Variance Request Mr. Rehbein stated that Mr. & Mrs. Carlie Olson still desire to purchase property to construct a dog kennel, however, the property that they are interested in does not meet the minimum width of 200’ required by Ordinance #4. Chairperson Hanson stated that the procedure Mr. Rehbein would need to follow would be to submit an application for a lot split and variance request. Mr. Rehbein thanked the commission for their time. IV. OLD BUSINESS None. V. NEW BUSINESS th 1. Mr. Peter Rosenthal – 7129 – 20 Avenue (Site Plan Review) Mr. Rosenthal stated that he desired to construct an additional building on his property. Page 5 of 5 Motion by Commissioner Wilharber and seconded by Commissioner DeVine to recommend to Council the approval of the site plans as submitted unless Mr. Paul Palzer has additional recommendations for water drainage. All in favor. Motion passed unanimously. 2. Mr. Henry Votel & Thomas Keller – Sketch Plans – Mini-Storage Mr. Henry Votel appeared before the commission requesting their recommendations for a proposed mini-storage facility to be located near Fairview Street and the procedures that needed to be followed. Chairperson Hanson addressed Mr. Votel’s questions by stating that mini-storage facilities were allowed in the Industrial District with a Special Use Permit. Mr. Votel would need to have the current owner apply for a Special Use Permit and submit the associated fee, a public hearing would be arranged for Planning and Zoning and Council’s consideration of the Special Use Permit request. Mr. Votel thanked the commission for their consideration. 3. Ordinance #48 – Mailboxes Chairperson Hanson questioned the purposed of Ordinance #48 being on the agenda for consideration. Ms. Moore-Sykes stated that the ordinance was placed on the agenda due to the fact that mailbox placement for new subdivisions are contained in the developers agreement and there was no need to continue the ordinance. Motion by Commisisoner Wilharber, seconded by Commissioner DeVine to recommend the rewriting of the ordinance and resolution that covers fees. All in favor. Motion passed unanimously. VI. DISCUSSION ITEMS 1. Encroachment/Zoning Permits/Fences (Ordinance #4) Brief discussion was had regarding this item and consensus was to direct staff to draft proposed language and forward to the commission for their review. VII. CONSIDERATION OF MINUTES 1. September 3, 2002 Planning and Zoning Meeting Minutes Page 6 of 5 Motion by Commissioner Wilharber, seconded by Commissioner DeVine to approve the September 3, 2002 Meeting Minutes as presented. All in favor. Motion carried unanimously. VIII. ADJOURNMENT Motion by Commissioner Kilian, seconded by Commissioner Wilharber to adjourn the November 12, 2002 Planning Commission Meeting at 9:15 p.m. All in favor. Motion carried unanimously. Respectfully submitted by: Teresa Bender, City Clerk Page 7 of 5