HomeMy WebLinkAbout2012-07-03 Packet PLANNING AND ZONING COMMISSION
MEETING AGENDA
Senfitre
""`A """ TUESDAY, JULY 3, 2012
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. APPEARANCES/PRESENTATION(S)
III. PUBLIC HEARING (S)
1. Request for Variance —1709 Main Street, Mr. Paul Steffel
IV. PUBLIC INPUT
V. OLD BUSINESS
VII. NEW BUSINESS
1. Consideration of Rescheduling August 7, 2012 Meeting Due to Night to Unite
VIII. DISCUSSION ITEMS
IX. CONSIDERATION OF MINUTES
1. June 5, 2012 Planning & Zoning Meeting Minutes
X. ADJOURNMENT
* *REMINDERS **
Music in the Park - July 10, 2012 - Seven Cats Swing; July 17, July 4, 2012 - City Hall Closed in Observance of
Independence Day
2012 - Porch Pickers; July 24, 2012 - Maple Street Ramblers; July 27, 2012 - "THE JAM"; & July 31, 2012 - Tom
Lee (All Concerts Will Take Place @ Hidden Spring Park Commencing @ 6:30 p.m.)
City Council Meeting - July 11, 2012. 6:30 p.tn. Council Chambers
Parks & Recreation Committee Meeting - July 11. 2012, 6:30 p.m. Hidden Spring or LaMotte Warning House -
Weather Permiiiing
City Council Meeting -July 25, 2012. 6:30 p.m, Council Chambers
Fete des Lacs - July 27, 28 & 29, 2012
Softball Tournament - July 27.28 & 29, 2012
The JAM - July 27, 2012 - 6:00 p.m., LaMotte Park
The Ware Road Band - July 27, 2012 - 9:00 pin. - Midnight (Free)
8K In- Line /Walk/Run/Kids % Mile - July 28, 2012 - 7:30 a.m., 8:00 a.m. & 9:30 a.m., Kick -Ball
Tournament - July 28, 2012
LaMotte Park, Wargo Nature Center & Rice Creek Regional Park
Parade - July 28, 2012 - 11:00 a.m., Along Main Street
Free Yoga - July 28, 2012 - 3:00 p.m., Hidden Spring Park
Fireworks- July 28, 2012 - Dusk, LaMotte Park
Street Dance!8foot4 - July 28, 2012 - 8:00 p.m. to Midnight
Centerville Lions Raffle - July 29, 2012 -3:00 p.m. (Tickets available from any member up
until tickets sold out or 2:59 p.m.) 1,000 tickets @ $2 /ea.
Planning & Zoning Commission Meeting - August 7, 2012, 6:30 p.m. Council - Potential to Reschedule
Night to Unite - August 7, 2012
Safety Camp - August 9, 2012
a 'terrific
not:ai led7857 * City Review will cease if costs
APPLICATION FOR VARIANCE exceed deposit and deposit is not
� �/ 1r 1? * replenished.
Date; �^ F $250.00 + $300.00 Deposit Zoning:
Applicant: fan( #c��Cffc[
Street Address: /707 le St
'n '. Phone: C5 /. 762 `/ 7
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City /State /Zip: ( 7 Y'0 a/ /G / ,t X _crazy
Status of Applicant: Owner 7 . 0 Lease Holder _ Other
Legal Description of Property: �/j r /
Street Address (subject property): / 7497 2Z &4 fl c t rkets -i /4 Art/
Desccripo of Request: 1,404 y At e/Z / S4ry
r�T S ` CA- /'c f / (r !, ,
Reason for Request: / — . 2e• 4 She, ,o Ie
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Variance may be considered to allow adjustment to the literal provisions of the zoning chapter in
instances where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration. 1
"Undue hardship" means that the property cannot be put to a reasonable use if the conditions of the
zoning ordinances are followed, that the property owner's particular circumstances are unique and
not self - created, and that granting a variance will not alter the essential character of the locality or
neighborhood. Economic hardship alone will not constitute undue hardship.
Minnesota Statutes and City Code require that a variance meet all of the following standards:
(1) The variance is in harmony with the purposes and intent of the zoning chapter of this code;
(2) The variance is consistent with the comprehensive plan; and
(3) The proposal puts the property to use in a reasonable manner; and
(4) There are unique circumstances to the property not created by the landowner; and
(5) The variance if granted, will not alter the essential character of the locality; and
Variances will not be granted to allow a use that is otherwise not a permitted use in the
zoning district in which the subject pros located.
property i
Signature of Applicant: _I/ ,!� //
By paying the above stated ee, I understand . , i , +� osts of processing this request even though the
outcome of Council's action may be denial the request.
APPLICANTS, PLEASE NOTE:
All developers or property owners must submit the following information to the City of
Centerville at least ten days prior to consideration by the Planning and Zoning Commission. The
application will require a public hearing which will be approximately thirty days after initial
review by Planning and Zoning and their decision will be considered by the City Council who
makes the final determination. The process to get a decision for approval or denial will
generally take 45 -60 days from filing a complete application.
1. Complete the application for the specific request and pay the fee.
2. Submit a complete survey and site plans (including measurements, dimensions),
showing lot lines and building footprint, driveways, sidewalks, curb cuts, ingress,
egress, etc. on the property and its relation to adjacent properties.
3. Explanation of materials that will be used and plans for screening, landscaping,
fencing and dumpster enclosures.
4. Drawings of completed buildings, if appropriate to the variance, and materials
used.
5. Storm water retention and drainage plans if applicable. The Rice Creek
Watershed District and/or other water management organizations may need to be
notified of the project.
6. A letter explaining in detail how variance request meets all of the five standards
listed above.
Application For Variance - Supplement
I am requesting a variance for my property at 1709 Main Street, Centerville, MN due to
the Practical Difficulties that exist with this lot. I would like to demonstrate to you that
my situation meets the three test factor as required by Minnesota State Statute.
1) As the property owner, I propose that I will be using the property in a reasonable
manner. It will be for an office building.
2) My specific problem is due to circumstances unique to the property that I own.
The situation was not caused by the landowner.
The lot size is too small to accommodate a 2 story, 4000 square foot building.
There is not enough room to factor in other things, such as room for snow piles and room
for garbage receptacles.
• The building would not comply with the parking requirements for the occupancy
of the building.
• In order to maximize the parking area and to accommodate a construction set
back on the east and west sides of the property, and to accommodate the overall look of
the building as required by the downtown design, we will have building design that lacks
efficiency.
3) If a variance is granted, it will not alter the essential character of the location.
0 0
LEAGUE OF CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
VARIANCES
Frequently Asked Questions
(Reflects 2011 law change)
What is a variance?
A variance is a way that a city may allow an exception to part of a zoning ordinance. It is a
permitted departure from strict enforcement of the ordinance as applied to a particular piece of
property. A variance is generally for a dimensional standard (such as setbacks or height limits). A
variance allows the landowner to break a dimensional zoning rule that would otherwise apply.
Who grants a variance?
Minnesota law provides that requests for variances are heard by a body called the board of
adjustment and appeals; in many smaller communities, the planning commission or even the city
council may serve that function. A variance decision is generally appealable to the city council.
For more information, see Minn. Stat. § 462.357.
When can a variance be granted?
A variance may be granted if enforcement of a zoning ordinance provision as applied to a
particular piece of property would cause the landowner "practical difficulties." For the variance to
be granted, the applicant must satisfy the statutory three- factor test for practical difficulties. 11 the
applicant does not meet all three factors of the statutory test, then a variance should not be gr :mi ci.
Also, variances are only permitted when they are in harmony with the general purposes and
of the ordinance, and when the terms of the variance are consistent with the comprehensive p1:.:,.
For more information, see Minn. Stat. $ 462.357.
What kind of authority is the city exercising?
A city exercises so- called "quasi-judicial" authority when considering a variance application. This
means that the city's role is limited to applying the legal standard of practical difficulties to the
facts presented by the application. The city acts like a judge in evaluating the facts against the
legal standard. I f the applicant meets the standard, then the variance may be granted. In contrast,
when the city writes the rules in zoning ordinance, the city is exercising "legislative" authority and
has much broader discretion.
What is practical difficulties?
Practical difficulties is a legal standard set forth in law that cities must apply the when considering
applications for variances. It is a three - factor test and applies to all requests for variances 10
constitute practical difficulties, all three factors of the test must be satisfied. For more inforn: ation.
see Minn. Stat. S 462.357.
L_ This material Is provided as general Information and Is not a substitute for legal advice.
Consult your attorney for advice concemingspecific situations.
LEAGUE OF MINNESOTA CITIES US UNIVERSITY AVE .WEST NIONF: (651)2814200 TAX : (651)2811298
INSURANCE TRUST ST. PAU, . MN 55103 -2044 TOLL FREE- (800)925-1122 WER:WWW.LMGORG
What are the practical difficulties factors?
The first factor is that the property owner proposes to use the property in a reasonable manner.
This factor means that the landowner would like to use the property in a particular reasonable way
but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to
any reasonable use whatsoever without the variance. For example, if the variance application is
for a building too close to a lot line, or does not meet the required setback, the focus of the first
factor is whether the request to place a building there is reasonable.
The second factor is that the landowner's problem is due to circumstances unique to the property
not caused by the landowner. The uniqueness generally relates to the physical characteristics of
the particular piece of property, that is, to the land, and not personal characteristics or preferences
of the landowner. When considering the variance for a building to encroach or intrude into a
setback, the focus of this factor is whether there is anything physically unique about the particular
piece of property, such as sloping topography or other natural features like wetlands or trees.
The third factor is that the variance, if granted, will not alter the essential character of the locality.
Under this factor consider whether the resulting structure will be out of scale, out of place, or
otherwise inconsistent with the surrounding area. For example, when thinking about the variance
for an encroachment into a setback, the focus is how the particular building will look closer to a lot
line and if that fits in with the character of the area.
Are there are other factors a city should consider?
Yes. State statute provides variances shall only be permitted when they are in harmony with the
general purposes and intent of the ordinance, and when the terms of the variance are consistent
with the comprehensive plan. So, in addition to the three - factor practical difficulties test, a city
evaluating a variance application should make findings as to (1) whether or not the variance is in
harmony with the purposes and intent of the ordinance, and (2) whether or not the variance is
consistent with the comprehensive plan.
What about economic considerations?
Sometimes landowners insist that they deserve a variance because they have already incurred
substantial costs or argue they will not receive expected revenue without the variance. State
statute specifically notes that economic considerations alone cannot create practical difficulties.
Rather, practical difficulties exists only when the three statutory factors are met.
What about undue hardship?
"Undue hardship" was the name of the three - factor test prior to a May 2011 change of law.
Effective May 6, 2011 Minnesota Laws, Chapter 19, amended Minn. Stat. § 462.357, subd. 6 to
restore municipal variance authority in response to Krummenacher v. City of Minnetonka, 783
N.W.2d 721 (Minn. June 24, 2010). In Krummenacher, the Minnesota Supreme Court interpre' .1
the statutory definition of "undue hardship" and held that the "reasonable use" prong of the ' ur .'ae
hardship" test was not whether the proposed use is reasonable, but rather whether there is a
reasonable use in the absence of the variance.
2
What did the 2011 law change?
The 2011 faw changed the first factor back to the "reasonable manner" understanding that had
been used by some lower courts prior to the Krummenacher ruling. The 2011 law renamed the
municipal variance standard from "undue hardship" to "practical difficulties," but otherwise
retained the familiar three - factor test of (I) reasonableness, (2) uniqueness, and (3) essential
character. The 2011 law also provides that: "Variances shall only be permitted when they are in
harmony with the general purposes and intent of the ordinance and when the terns of the variance
are consistent with the comprehensive plan."
Can a city grant a use variance?
Sometimes a landowner will seek a variance to allow a particular use of their property that would
otherwise not be permissible under the zoning ordinance. Such variances are often termed "use
variances" as opposed to "area variances" from dimensional standards. Use variances are not
generally allowed in Minnesota —state law prohibits a city from permitting by variance any use
that is not permitted under the ordinance for the zoning district where the property is located. For
more information, see Minn. Stat. $ 462.357.
Is a public hearing required?
Minnesota statute does not clearly require a public hearing before a variance is granted or denied,
but many practitioners and attomeys agree that the best practice is to hold public hearings on all
variance requests. A public hearing allows the city to establish a record and elicit facts to help
determine if the application meets the practical difficulties factors.
What is the role of neighborhood opinion?
Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While
city officials may feel their decision should reflect the overall will of the residents, the task in
considering a variance request is limited to evaluating how the variance application meets the
statutory practical difficulties factors. Residents can often provide important facts that may help
the city in addressing these factors, but unsubstantiated opinions and reactions to a request do not
form a legitimate basis for a variance decision. If neighborhood opinion is a significant basis for
the variance decision, the decision could be overturned by a court.
What is the role of past practice?
While past practice may be instructive, it cannot replace the need for analysis of all three of the
practical difficulties factors for each and every variance request. In evaluating a variance request,
cities are not generally bound by decisions made for prior variance requests. If a city finds that it
is issuing many variances to a particular zoning standard, the city should consider the possit•dit, of
amending the ordinance to change the standard.
When should a variance decision be made?
A written request for a variance is subject to Minnesota's 60 -day rule and must be approved or
denied within 60 days of the time it is submitted to the city. A city may extend the time period for
an additional 60 days, but only if it does so in writing before expiration of the initial 60 -day period.
Under the 60 -day rule, failure to approve or deny a request within the statutory time period is
deemed an approval. For more information, see Minn. Stat. & 15.99.
3
How should a city document a variance decision?
Whatever the decision, a city should create a record that will support it. In the case of a variance
denial, the 60 -day rule requires that the reasons for the denial be put in writing. Even when the
variance is approved, the city should consider a written statement explaining the decision. The
written statement should explain the variance decision, address each of the three practical
difficulties factors and list the relevant facts and conclusions as to each factor.
Can meeting minutes adequately document a variance decision?
If a variance is denied, the 60 -day rule requires a written statement of the reasons for denial be
provided to the applicant within the statutory time period. While meeting minutes may document
the reasons for denial, usually a separate written statement will need to be provided to the
applicant in order to meet the statutory deadline. A separate written statement is advisable even
for a variance approval, although meeting minutes could serve as adequate documentation,
provided they include detail about the decision factors and not just a record indicating an approval
motion passed.
Can a city attach conditions to a variance?
By law, a city may impose a condition when it grants a variance so long as the condition is
directly related and bears a rough proportionality to the impact created by the variance. For
instance, if a variance is granted to exceed an otherwise applicable height limit, any
conditions attached should presumably relate to mitigating the affect of excess height. For
more information, see Minn. Stat. § 462.357.
What happens to the variance once granted?
A variance once issued is a property right that "runs with the land" so it attaches to and benefits
the land and is not limited to a particular landowner. A variance is typically filed with the county
recorder. Even if the property is sold to another person, the variance applies.
Jed Burkett 2011/06
4
it
,. ..
, w
,a.:„.. a , By individual review, but multi -story
buildings are encouraged throughout the
Mixed -Use Corridors. Free standing, single
story buildings are discouraged.
Minimum Building Height: 32 ft
i ::, Maximum Building Height: Three floors
,, , % or 45 ft. Subject to individual review.
_ Off Street Parking- Retail/Office
Parking facilities within the Mixed -Use
Corridors will be subject to individual review.
Parking facilities for the retail and public
Yy E uses will be considered to be part of the
ii public infrastructure and may be co-
developed with City participation. Shared or
"district' parking facilities will be
encouraged.
Off Street Parking - Residential
o» aae Private and secure parking for residences
within the Mixed -Use Corridors will be fully
C. 1I. b. Site Development Standards: enclosed in private facilities. Guest parking
Mixed -Use Corridors may be accommodated in public facilities or
on- street. Parking demand will be market
Allowable Land Use driven and subject to individual review. A
Retail, office and high denslty residential minimum of one space per bedroom is
uses are all allowed in the Mixed -Use anticipated.
Corridors. With the exception of office or
residential lobbies, retail and restaurant D. II. c- Architectural Guidelines;
uses should comprise the entire ground Mixed -Use Corridors
floor of all buildings.
Minimum Lot Area: NA Building Character and Expression:
Mixed -Use Corridors
Minimum Lot Width/Depth: NA Buildings in the Mixed -Use Corridors will
Front Build -to Lines; 80% of the lot play a major role in defining the overall
frontage must be built out to the built -to line character of the district. The proposed mix
or lot line. Where buildings front on of uses for this signature destination
common areas, pedestrian ways or other suggests the potential for a variety of
open spaces, 80% building facades must be building types, demanding creativity and
built to the open space line. Driveways to innovation to highlight unique architecture,
parking facilities and access drives to while knitting the entire district together as a
service areas are excepted. coherent whole.
The build -to line for new development along
Centerville road is offset 4D' from the Overall building design is an important
centerline. consideration, but emphasis on first floor
Stde Yard Setbacks: None. Subject to facade treatments is essential to encourage
individual review. street -level activity and enhance the
Rear Yard Setback: pedestrian experience. Architecture is to be
None. Subject to individual review. '4- sided' at all locations visible to public
Floor Area Ratio: areas. Emphasis is to be on creating highly
January 4, 2006 Page 23 of 34
Street Presence: Mixed -Use Corridors
• Emphasize pedestrian experience with Materials: Mixed -Use Corridors
architectural features at street level — • Provide a diverse mix of materials,
canopies, decorative light fixtures and applied in a variety of proportions,
material detail; exposures and detailing within a block,
or along a street;
• Encourage variety of color, texture and
materials to complement other • Encourage durable, high quality
streetscape elements; materials;
• Conceal service entries, loading • Vinyl, metal and wood siding is not
facilities and mechanical services from allowed except as a complimentary
view along public streets; material. Composite siding will be
considered on a conditional use basis;
• Create a continuous building edge along
street frontage, visually connecting • Encourage the use of mostly brick or
adjacent buildings with complementary comparable alternative; minimum
facade treatments. requirement of 50% of non -glazed wall
area;
Windows and Doors: Mixed -Use • Metal and wood components are only
Corridors acceptable as a complimentary material;
• Maximize glass openings for all ground
level, street front facades— especially • Encourage overhead projections, either
for retail, restaurant and other as a specific building component or as
commercial uses — recommend 50% permanent/temporary canopies;
minimum of total ground level facade, or
demonstrate great design through other
means;
• Provide real window openings for all
street facing facades above ground level
— recommend 40% minimum of total
facade; j
•
• Provide recessed entries wherever
possible;
• Use clear or lightly tinted glass for all
. x '
windows and doors — mirrored, reflective 4. la ` }
or highly tinted glazing is not It • 'ot - ,
acceptable;
• Provide primary access doors facing
public streets; Doors and windows Enhance sum
January 4, 2006 Page 25 of 34
•t
ue
variety in architectural expression within the
• Private courtyards within and in between district and on its public edges.
buildings and opening toward the lake
will be encouraged;
• Pedestrian entries and lobbies should Partdng Strategies: Downtown
orient toward the public street Access Neighborhood
To resident parking should be from side • All resident parking muss be enclosed in
streets as far as is possible. No access below grade garages or garages that
will be allowed from CSAH 14 or 21; are intemal to the sites*
• Setbacks from public streets should be
consistent at 50 feet from street center
line. All buildings should be required to
have some portion that extends to
exactly 45 feet from the street centerilne.
All ground floor units oriented toward the
street should have stoops or porches, ;
Ground floor stoops at the first floor f ~_
should have a consistent setback of
exactly 8 feet. ®.h
Stoma Water Ponds can become a Residential Amenity
1.
• Parking spaces for ancillary retail should
be provided through a combination of
on- street and surface lot parking
a solutions;
• Minimize surface parking lots fronting on
primary streets, locate surface parking
lots away from the major streets, either
behind or to the side of buildings;
• No more than 25% of street frontage
n000dovmMeighborhoodHousing can be utilized for surface parking lots.
C. 111. b. Site Development Standards:
Residential courts and private green Downtown Neighborhood
space: Downtown Neighborhood
There are many opportunities to integrate Allowable Land Use:
privately owned and maintained courtyards High density residential.
and pocket parks within this district. These Ancillary, ground floor restaurant or service
small -scale greens provide important related retail.
breathing space, ccnbibute to storm water
management and offer additional amenities Maximum Lot Area: NA
to serve residents, building tenants and Minimum Lot Area: All lots shall be full
adjacent uses. They can help create great depth from city streets
January 4, 2006 Page 27 of 34
r
• Encourage variety of color, texture and • Maximize glass openings for all ground
materials to complement other level, street front facades, especially for
streetscape elements. retail, restaurant and other commercial
uses.
• Conceal service entries, loading
facilities and mechanical services from • Provide real window openings for all
view along public streets as much as street facing facades.
possible.
• Create a continuous building edge for • Provide recessed entries wherever
the majority of street frontage, visually possible.
connecting adjacent buildings with
complimentary facade treatments — in • Use clear or lightly tinted glass for all
limited areas where gaps occur, windows and doors — mirrored, reflective
architectural treatments, windows and or highly tinted glazing is unacceptable;
detailing of side facades should match faux windows are not allowed.
front fa =de,
• Provide primary access doors facing
-- public streets.
1 a — .
_ .: i r;
,. 1 r r i p
il y
- -� Consistent Sanding &Maeda
. 1 x . - — _, Materials: Downtown Neighborhood
I
• Provide a diverse mix of materials,
applied in a variety of proportions,
exposures and detailing within a block,
Mang sa9naa Amide apace for
=-- or along a street.
Small Rant Yards
• Encourage durable, high quality
Window and Doors: Downtown materials - local sources if available.
Neighborhood
January 4, 2006 Page 29 of 34
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PLANNED UNIT DEVELOPMENTS
§ 156.200 OBJECTIVES.
To help encourage a more creative approach to the use of land, departures from the city
zoning chapter may be granted by the City Council in the form of Planned Unit Development
(PUD) Districts, to achieve:
(A) A maximum choice of living environments by allowing a variety of housing
building types and permitting an increased density per acre and a reduction in lot dimensions,
yard, building setbacks and area requirements;
(B) A more useful pattern of open space and recreation areas and, if permitted as part of
the project, more convenience in the location of accessory commercial uses and services;
(C) A development pattem which preserves and utilizes natural features, trees and other
vegetation, and prevents the disruption of natural drainage patterns;
(D) A more efficient use of land and a resulting substantial savings through shorter
utilities and streets; and
(E) A development pattem in harmony with land use density, transportation facilities
and community facilities objectives of the comprehensive plan.
§§ 156.201 THROUGH 156.209 RESERVED FOR FUTURE EXPANSION.
§ 156.210 GENERAL REQUIREMENTS.
A conditional or interim use permit shall be required of all planned unit developments.
The city may approve the PUD only if it finds the development satisfies all the following
standards:
(A) The development shall be planned so that it is consistent with the city
comprehensive plan;
(B) The PUD is an effective and unified treatment of the development possibilities on
the project site and the development plan provides for the preservation of unique natural
amenities such as streams, stream banks, wooded cover, rough terrain and similar areas;
(C) The planned unit development proposal appears to harmonize with both existing and
proposed development in the area surrounding the project site;
(D) The tract of land shall be under unified control at the time of application and
scheduled to be developed as one unit. In addition, the development plan must include
provisions for the preservation of natural amenities;
(E) Each phase of the proposed development, as it is proposed to be completed, is of
sufficient size, composition and arrangement that its construction, marketing and operation
The minimum lot size requirements of other sections of this chapter do not apply to a
PUD except that the minimum lot size requirements of the underlying zone shall serve as a
general guideline to determine the maximum dwelling unit density of the total development.
§ 156.224 SETBACK AND SIDE YARD REQUIREMENTS.
Notwithstanding other provisions of this subchapter, setback and side yard requirements
of lots in a PUD shall be at Least equivalent to the spacing requirements of buildings similarly
developed under the terms of this chapter on separate parcels.
§ 156.225 ACCESS TO PUBLIC RIGHT -OF -WAY.
The site of a PUD shall abut, and the major internal street or streets serving the PUD
shall be connected to, at least one primary arterial, or neighborhood collector street.
§ 156.226 UTILITY REQUIREMENTS.
Utilities, including telephone and electrical systems, installed within a PUD shall be
placed underground. Utility appurtenances, which can be effectively screened, may be
exempted from this requirement if the city finds that the exception will be consistent with the
objectives of this subchapter and the character of the proposed PUD.
§ 156.227 OPEN SPACE.
A minimum of 20 percent of the gross land area for private or public open air
recreational use protected by covenants running with the land or by conveyances or dedicated
as the Planning and Zoning Commission may specify shall be an integral part of the plan.
These open space areas shall not include land devoted to streets, parking and private yards.
Whenever possible, common open space shall be linked to the open space areas of adjoining
developments. Common open space shall be of a size, shape, character and locations as to be
usable for its proposed purpose.
§ 156.228 PARKING.
Off - street parking and loading space shall be provided in each PUD in the same ratios
for types of buildings and uses as required in the underlying zoning district.
§ 156.229 RESERVED FOR FUTURE EXPANSION.
§ 156.230 ARRANGEMENT OF COMMERCIAL USES.
When a PUD includes commercial uses, commercial buildings shall be planned as
groups having common parking areas and common ingress and egress points. Each
commercial area shall be separated from abutting residential areas by appropriate screens or
fences. The design of commercial areas shall provide for the integrated and harmonious
design of buildings and for adequate and properly arranged facilities for internal traffic,
(b) A composite of all natural amenities of the site including steep slopes,
drainageways plus marshes, ponds and lakes;
(c) The size of site and proposed uses of the land to be developed together
with an identification of off -site land use;
(d) The density of land use to be allocated to the several parts of the
development;
(e) The approximate location of thoroughfares;
(f) The location of common open space including public schools, parks and
playgrounds or private natural preserves; and
(g) The off - street parking system.
(3) A written statement including the following:
(a) A statement of the ownership of all land involved in the PUD together
with a summary of previous work experience;
(b) An explanation of the general character of the planned development;
(c) A statement describing the ultimate ownership and maintenance of all
parts of the development including streets, structures and open spaces;
(d) A statement describing how all necessary governmental services will be
provided to the development; and
(e) The total anticipated population to occupy the PUD, with breakdowns
indicating the number of school -age children, adults and families.
(4) The proposed schedule for the development of the site; and
(5) A statement setting forth the reasons why, in the opinion of the applicant, the
PUD will be in the public interest and consistent with the objectives specified for PUDs by §
this chapter.
§ 156.252 ACTIONS.
(A) By the Commission. Within 60 days of the filing of the application, the Planning
and Zoning Commission shall hold a public hearing on the proposed PUD following written
and published notice as required for amendments of this chapter. Following the hearing and
within 60 days of the filing of the application or at a later time agreed to by the applicant, the
Planning and Zoning Commission shall recommend approval or disapproval of the
preliminary proposal with any changes and conditions as it may suggest and shall transmit its
recommendations to the City Council. In its recommendations the Commission shall
(4) A site plan for each building site and common open area, showing approximate
location of buildings, structures and improvements;
(5) Generalized elevations and perspectives of all structures;
(6) A site grading plan indicating the direction of flow of surface drainage and all
easements necessary for both ponding and runoff;
(7) Plans, profiles and specifications for the distribution of water, collection of
sanitary waste and stormwater;
(8) A landscape plan indicating the location, size and type of plant materials to be
used;
(9) Plans, profiles, typical sections and specifications for proposed street
improvements; and
(10) The density of land use to be allocated to the several parts of the site being
developed.
(B) A written statement including:
(1) The approximate date when construction will begin by stage of development
and the area of open space to be provided at each stage;
(2) Agreements, provisions or covenants which govern the use, maintenance and
continued protection of the development and any of its common open areas; and
(3) Other conditions specifically required by the Commission and the Council for
the particular PUD.
§ 156.256 ACTION ON FINAL APPLICATION.
(A) Procedure for action by the Planning and Zoning Commission and the Council on an
application for review and approval of the final plan for a PUD shall be the same as
prescribed by this subchapter for the action on the preliminary proposal. In giving approval,
the Council may specify the length of time within which construction of the project must be
begun or completed, and it may attach other conditions as seem necessary. The final
development plan shall be in general conformance with the preliminary development plan as
approved.
(B) (1) Criteria for approval. The findings necessary for approval of both the
preliminary and final development plans shall be based on the following and describe in what
respect the plan would or would not be in the public interest.
(a) The plan does not conflict with the city comprehensive plan;
(A) Minor changes in the location, siting, and height of buildings and structures may be
authorized by the City Engineer if requested by engineering or other unforeseen
circumstances.
(B) All other changes in use, rearrangement of lots, blocks and open space, must be
authorized by the City Council under procedures outlined for amendment of this chapter.
§ 156.259 COMPLETION.
(A) Completion of the PUD shall be certified by the Planning and Zoning Commission
on the final development plan. Thereafter, the use of land and the construction, modification
or alteration of any buildings shall be governed by the approved final development plan.
(B) Changes may be authorized only under the procedures provided below:
(1) Minor extensions, alterations or modifications of existing structures may be
authorized by the Planning and Zoning Commission if they are consistent with the intent and
purpose of the final plan and do not increase the cube of any building or structure by more
than 10 %; and
(2) Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the final development plan
may be authorized only by amendment to the final development.
§ 156.260 SITE IMPROVEMENTS.
At any time following the execution of a PUD agreement and receiving a notice to
proceed from the City Administrator, the applicant may, pursuant to the applicable codes of
the city, apply for and the Zoning Administrator may issue grading permits for the area
within the PUD for which development stage plan approval has been given.
§ 156.261 CONSTRUCTION.
The construction and provisions of all the common open spaces and public and
recreational facilities which are shown on the final development plan must proceed at the
same phase as the construction of dwelling units. At least once every six months following
the approval of the final development plan, the Zoning Administrator shall review all of the
building permits issued for the planned development and examine the construction which has
taken place on the site. If he or she shall find that the rate of construction of dwelling units is
greater than the rate at which common open spaces and public and recreational facilities have
been constructed and provided, he or she shall forward this information to the City Council,
which may revoke the PUD Permit.
§ 156.262 MAINTENANCE OF COMMON OPEN SPACE.
§ 156.051 MIXED USE DISTRICT (M -l).
(A) Purpose. It is intended that the M -1 District implement the "Master Plan and
Development Guidelines for Downtown Centerville," adopted by the City Council on
January 11, 2006 (the "Redevelopment Plan"), and provide for the unique layout and
character of a traditional central business district with retail, professional office, accessory
residential and other mixed uses.
(B) Permitted uses.
(1) Retail sales conducted within structures, but excluding automobile and
motorized equipment sales, truck stops, gasoline and fuel sales and drive- through restaurants;
(2) Repair and service conducted within structures, but excluding automobile and
motorized equipment repair;
(3) Professional, business, and health care offices;
(4) Residences above the first floor;
(5) Theaters and recreational businesses conducted within structures; and
(6) Public parks and buildings.
(C) Special requirements. The following special requirements are intended to implement
the Redevelopment Plan, which is incorporated herein by reference.
(1) Existing uses that are not in conformance with this section may not be
expanded, but may continue as nonconforming uses. Additions to a nonconforming single -
family residential structure may be allowed, provided the square footage of the main floor of
the home is not increased by more than 33% from that which existed on January 11, 2006.
Also, accessory buildings or uncovered decks and porches may be constructed in conjunction
with nonconforming single - family uses, provided they meet all of the conditions, including
setbacks, as required in the R -2 Single Family District. (Ord. 2d #36, amended 7/14/2010)
(2) In making decisions about land use compatibility and dimensional criteria for
uses and structures, the City shall have broad discretion to protect the public health, safety
and welfare; and to protect the integrity of the M -1 District and surrounding residential
neighborhoods. Redevelopment of any parcel shall be accomplished by submitting
application as a Planned Unit Development.
(3) Driveway access to any use shall not be permitted from Centerville Road or
Main Street but rather planned side streets and alleys must be used for such access.
(4) The architectural design and exterior building materials used in connection with
any new or expanded use or structure shall be consistent with any architectural design or
aesthetic control requirements established by the Redevelopment Plan. The city will engage
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular
meeting on June 5, 2012, at 6:30 p.m.
PRESENT: Chairperson Darrin Mosher
Commissioner Russ Koski �(n
Commissioner James Flint
Commissioner Matthew Montain 0
Commissioner Eric Larson 0@q
ABSENT: Commissioner Olaf Lee
Commissioner Thomas Wood
STAFF: Administrator Dallas Larson
OTHERS PRESENT: Council Member D Love
I. CALL TO ORDER. The meeting was called to order by Chairperson Mosher at 6:30
p.m..
1. Roll Call
II. PUBLIC HEARING -- None
III. OLD BUSINESS -- None
IV. NEW BUSINESS.
1. Request for Variance -1709 Main Street -Paul Steffel.
Paul Steffel was present to request a variance to construct a building on his property in
downtown that he proposes to be single story and less in height than the 32 feet
requirement of the development guidelines. The Commission discussed the development
guidelines in light of the economic conditions and the likelihood that the development
would occur in the foreseeable future. The developer, Beard Group suggested in a meeting
with City council that the plan may need to be reevaluated to reduce the amount of
commercial space in the plan. Mr. Steffel was encouraged to submit more detailed plans
including a rendering of the facade to show the height and scale of the proposed building.
Motion by Commissioner Larson, seconded by Commissioner Montain to schedule a
public hearing to consider the variance at the next meeting. All voted in favor.
Motion carried unanimously.
Page 1 of 2
City of Centerville
Planning and Zoning Commission
June 5, 2012
V. DISCUSSION ITEMS — None
VI. CONSIDERATION OF MINUTES
Motion by Commissioner Larson, seconded by Commissioner Montain to approve
minutes from the May 1, 2012, meeting. All voted in favor. Motion carried
unanimously.
VII. ADJOURNMENT
Motion by Commissioner Larson, seconded by Commissioner Mosher to adjourn the
meeting at 7:32 p.m. All in favor. Motion carried unanimously.
Transcribed by:
Dallas Larson, Administrator
Page 2 of 2