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Home My WebLink About2011-07-05 P & Z Packet PLANNING AND ZONING COMMISSION e1 ,�� MEETING AGENDA '�'�'M`�`''`'�; TUESDAY, July 5, 20ll 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. APPEARANCES/PRESENTATION(S) III. PUBLIC HEARING (S) IV. PUBLIC INPUT V. OLD BUSINESS 1. Adoption of Findings & Recommendation for Rezoning: a. R-2 (Single Family Residential) Change to M-2 (Mized Use) as Described in Ezhibit A VII. NEW BUSINESS 1. Determine Conforming Industrial Uses in B-1 Zoning District 2. City Code, Chapter 156.310 (Variances). Modify Code to reflect statutory changes. a. Schedule Public Hearing to Consider Amendments. I � VIII. DISCUSSION ITEMS IX. CONSIDERATION OF MINUTES I I i 1. June 7, 2011 Planning & Zoning Meeting Minutes X. ADJOURNMENT � *�REMINDERS** � City Hall Closed — July 4, 2011 Observance of Independence Day Planning & Zoning Commission Meeting— ]»ty 5, ?nl t, ��3(1 n.m. Council Chambers Parks & Recreation Committee Meeting— July 6, 2011, 6:30 p.m. Council Chambers City Council Meeting— July 13, 201 l, 6:30 p.m. Council Chambers Music in the Park— July 12 — BBB Jazz Combo, July 19 — Rusty's Rocking Jamboree (Popcorn & Ice Cream to be served), July 26 — Mean Gene & the Woodticks, August 9— BBB Jazz Combo, August 16 — Tom Lee (Ice Cream to be served) & August 23 — 7 Cats & A Kitten Swing (All Concerts Will Take Place @ Hidden Spring Park Except August 9— BBB 7azz Orchestra) City Council Meeting— July 27, 2011, 6:30 p.m. Council Chambers Fete des Lacs— July 29 — 3I, 2011 July 29, 2011 All-Star City Softball Game (6:00 p.m.), Softball & Kickball Tournaments (7:00 p.m.), & Fireworks (Dusk) July 30, 2011 16K In-Line Skate (7:00 a.m.), 8K Run/Walk (8:00 a.m.), Kids'h Mi1e (9:00 a.m.), Softball & Kickball Tournaments (9:00 a.m.), Parade (11:00 a.m.), Kids Rides (Noon) & Street Dance "Gel" (6:00 p.m.) July 31, 2011 Softball & Kickball Tournaments (9:00 a.m.) & Lions Raffle Drawing (3:00 p.m.) All events will be at Laurie LaMotte Memorial Park Night to Unite/Food Drive — August 2, 2Q 11 Safety Camp — August 11, 2011, 7:30 a.m. — 6:00 p.m. St. Genevieve's Annual Chicken Dinner — August 21, ZO11 � DRAFT ***************************«***************************** Findings and Recommendation for Rezoning from R-2 to M-2 The Planning & Zoning Commission met on , 201 l, to consider rezoning certain property in accordance with the 2030 Comprehensive Plan, guided uses. Findings: 1) The City adopted its 2030 Comprehensive Plan on August 26, 2009. 2) The 2030 Comprehensive Plan provided guidance for future land uses in several parts of the city. 3) The City is required to bring the Official Zoning Map into conformance with the ' intended uses as indicated by the 2030 Comprehensive Plan. 4) The Planning and Zoning Commission identified specific properties that would be � affected by the proposed changes to the Official Zoning Map. 5) The owners of properties affected by the proposed changes were notified by mail, and published notice of the City's intention to amend the Official Zoning Map was given I as required by law. , 6) A public hearing was held on May 3, 2011, at 6:30 p.m. and all persons desiring to offer comments and testimony were heard and written comments were considered and I placed in the record. I RECOMMENDATION: The Planning & Zonin Commission has determined that the followin ro ert should I g gP P Y � be rezoned from R-2 to R-3 and that the Official Zoning Map should be amended. See Attached "EXHIBIT A" The Commission recommends that the council approve its findings and recommendation and further that the Council adopt an ordinance amending the Official Zoning Map accordingly. Motion made and duly passed by the Planning & Zoning Cornmission of the City of Centerville on , 2011. Da11as Larson, Administrator , 2011 DRAFT EXHIBIT A Property to be rezoned from R-2 (Single Family Residential) to M-2 (Mixed Use) Property ID #'s: R23-31-22-22-0003 R23-31-22-22-0008 -- - § 156.310 VARIANCES. (A) Standards. The Planning and Zoning Commission shall recomtnend a variance and the Council shall order the issuance of the variance only if it conforms to the following standards: (1) The variance is in harmon with the u oses and intent of the zonin chapterofthiscod�: __________ ____-- neieted:spe��ona;►;o��a ----------- ---- ---------- -------------------- ------------- ----�- circumstancesexistwlricharepeculiarto tbe land, structure or building involved � (2) The variance is consistent with the comprehensive plar�;_ and __ _____ __ ena ao no� res�it s�om rne a�aon� ofct� ----------- pefldoner � (3) 'The nroposal puts the propertv to use in a reasonable manne • and ________ �� IPretationofthe '�' - ----- provisions ofthis c3�apterxrould deprive the peNtioner of rights commonly onjoyed (4) There are uniaue circumstances to the �ro�y not created bv the by otherproperties in the same district landowne�, and •, under the urms of this chapter ------- --------- --------- �, - ----------- ------ ---------- - -------- -- — -------- Deleted: Gra�ingtiee variance requested will not confer on the applicant (5) The variance if Qranted will not alter the essential character of the localitv �' �r ��i rri�ileae w�t � a��a nn a,;s cLapter to other lands, swctures or and buildings in the same district `----------------------- --------- ------------ -------- -------------------- - -----, Deleted:Theproposedvariancewill An _ erson film a_etition re uestin a variance or an amendment of the '�, �wt impeir an adequate supply of light G� ----------� ---------------------------------, andairtoadjaantPmPorty zoning chapter rezoning property or changing regulations within any use district shall pay '�,�', �sonebly diminish or impair � a fee according to the schedule established by resolution or ordinance of the City `,,' established property values witlrin the Councit. The fee is payable at the time of filing a petition and is not refundable. ��8 �e, or in any other respect impa'u the pubGc heahh, safety, or ',, welfere of the residenu of the city (B) Board of Appeals and Adjustments. The Planning and Zoning Commission shall `,,' ue�eted; ¶ ' act as the Board of Appeals and Adjustments and shall have the power to hear and �' ��; 5 i recommend requests for the following: I (1) Interpretation. Hearing appeaIs where it is alleged that there is an error in a i decision or judgment made by an administrative officer in the interpretation ar enforcement of this chapter or in the interpretation of zoning district boundaries; and � I (2) Yariances. Recommend variances from literal ordinance requirements in � I instances where strict enforcement would cause undue hardship or practical difficulties � because of circumstances unique to the individual property under construction. ! (C) Variance procedures. (1) Applications provided by the city must be completed in writing prior to any J consideration of variance petitions. Fees,�equired by the citv shall be paid at the time of ._-- �e�eted forvariancesere established I 2ppi1C8tlOri. � by resolution of the City Council (2) The Board of Appeals and Adjustments may require the applicant to provide copies of plans, maps, surveys and the like, as deemed necessary, to ensure proper review and consideration of variance petitions. (3) After filing an application, the Administrator shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing, and notice shall be mailed to each property owner within 350 feet of the property to which the variance relates. Defects in the notice or failure to notify individual property owners shall not invalidate the proceedings, provided a good faith effort was made to comply with these provisions. (4) Upon the hearing request, the Board of Appeals and Adjustrnents shall � either recommend approval or denial for the variance and shall state the reasons for the I action. Conditions which are desi¢ned to miti�ate the adverse impacts of the variance �na� be_attached to any variance_granted. ____ „_.-- oe�etea forapproval (5) Upon receipt of the recommendations of the Commission, the Council shall hold whatever hearings it deems advisable and shall make its decision upon the request to grant the variance. In granting the variance the Council may impose conditions which it ,�� meet the standerds of this � considers necessary to mitigate the adverse im�acts of the variancG,___Violation_of any .,--' �t��«�acoproc�ccnon�sc�nc��of such condition is a violation of this chapter. The Board of Appeals and City Council �$�O°°a�°g area e°d tlie city as a must find that the variance, if eranted will conform with the "Standards" of this section who e ,. - Deleted: hue t6e following, in the �------------�------ ---------------------------------------------�------------------ �"� granlingofavariancefromthischapter.� � 6 A VaflclriCe (a) _ Granting a variance will not () granted but not used shall become void one year after its adversely affect the public health, welfare effective date. ana safaty ana will not be aeu;mental or injurious to property or improvements in the neighborhood;¶ (7) No application for the same or essentially the same variance shall be made ¶ (b) Because of the pardcular within six months of the date of denial. PnyS��i S,uro,�a;n� shape or topo�aphical conditlons of the pazcel or lot, the proposed variance would relieve and undue hardship, as distinguished &om a mere inconvenience, should the applicable ordinance be strictly enforoed;¶ � _-.(c) _ T'Le pwpose of the pmposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would comc[ extraordinary circwactances applicable to Uus property, but �t applicable to other property in the vicinity or zoning distcict;¶ � (d) _ The alleged difficulty or hardship is caused by tt�e applicable city ordina�e and has not been caused by anyorn presently having an interest in tlre parcel of land;¶ 9 (e) _ Strict or literel inteipretation would deprive the applicant of the use and enjoyment of his or her property in a manner similar to athers in the same district; and¶ � --.(� _ Granting of the variance will not ellow a use which is othe:wise not a pernutted use in the zoning dishict in question and would uot alter the essentia( cheracter of tl� district in which the property is locaud. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION June 7, 2011 Pursuant to due ca11 and notice thereof, the Planning and Zoning Commission held its regularly meeting on May 3, 2011, at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner James Flint Commissioner Eric Larson ; ;; :;�;; ;�;: Commissioner Matthew Montain ':` :::�`�� " � _ �::::°�: :`.� ABSENT: C m i ' ' _� �`� ' o m ssioner Thomas Wood ;� Commissioner Olaf Lee STAFF: Administrator Dallas Larson OTHERS PRESENT: Council Member D Love I. CALL TO ORDER. The meeting was called to order by Chairperson Mosher. l. Roll Call II. PUBLIC INPUT/I3EARING - None III. OLD BUSINESS. ' 1. Comprehensive Plan Alignment — Zoning a. R-1(Rural Residential) Change to R-2 (Low/Medium Density Residential) The Commission reviewed the proposed change. Consensus was that the three larger tracts that are ten acres or more should remain in the R-1 disfict until the owners request subdivision and development. It was noted that the property owner would be required to pay for the cost of the rezoning at the time the request is made. Motion bv Commissioner Montain. seconded bv Commissioner Flint to Aaarove the draft findings and recommendations with the modification to exclude the three parcels that exceed ten acres. All in favor. Motion carried unanimouslv b. R-2 (Single Family Residential) Change to R-3 (High Density Multi- Family) and R-2a to R-3 There was considerable discussion about the proposed change and whether the assumptions made in the comprehensive planning process are still valid, given the Page 1 of 2 I City of Centerville Planning and Zoning Commission � changes in the housing market. Motion bv Commissioner Mosher, seconded bv Commissioner Flint to annrove the findings and recommendation for approval of the rezoning. Ali in favor ezcept I Larson who abstained. Motion carried. c. R-2 (Single Family Residential) Change to M-2 (Mized Use) There was a lengthy discussion of the rezoning and whether the rezoning should be approved. It was noted that one affected owner was against including her property in the M-2 zone. Motion bv Commissioner Montain. seconded bv Commissioner Flint to table action on the proposed rezonin�. All voted in favor. Motion carried. d. I-1 (Industrial) Change to B-1 (Commercial) Motion bv Commissioner Montain seconded bv Commissioner Mosher to anprove the findings and recommendation for auproval of the rezoning from I-1 to B-1. All in favor excent Larson who abstained. Motion carried. IV. NEW BUSINESS. None V. DISCUSSION ITEMS It was noted that the Commission will still need to rnake findings regarding which industrial uses in the area rezoned to B-1 that qualify for Interim Use. That issue will be placed on the next agenda. VI. CONSIDERATION OF MINUTES Motion bv Commissioner Larson, seconded bv Commissioner Montain to anurove minutes from the Mav 3, 2011. meeting with the amendment showing that Council member D Love was uresent. All in favor. Motion carried unanimouslv. VI. PLANNING AND ZONING COMMISSION MEETING ADJOURNMENT Motion bv Commissioner Mosher. seconded bv Commissioner Montain to adiourn the meeting at 8:13 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Dallas Larson, Administrator � I Page 2 of 2