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Home My WebLink About2018-07-10 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA 6:3 01 1). I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. AWARDS, PRESENTATIONS,APPEARANCES 1. Informal Review, 7112 Brian Drive—Location of Shed/Variance?? V. PUBLIC HEARINGS 1. Request for Variance, 1965 S. Robin Lane (Driveway Encroach Side Drainage/Utility Easement) VI. OLD BUSINESS 1. CUP for PUD, Rezone, Comp. Plan Amend. -Bay View Villas a. Findings of Fact b. Ord. #94, Rezoning of Certain Properties C. Draft Conditional Use Permit VII. NEW BUSINESS 1. Request for Variance, 1965 S. Robin Lane (Driveway Encroach Side Drainage/Utility Easements 2. Reschedule August and November P&Z meetings. a. August 7 (Night to Unite) to July 31; August 14 (Unavailable due to Primary Elections) b. November 6(General Elections) to November 13 3. Consider Code Amendment to Chapter #91.20, Recreational Fires (Similar to Circle Pines for ease of PD Enforcement) VIII. APPROVAL OF MINUTES 1. Planning & Zoning Commission June 5, 2018 Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison 2. CUP Updates a. Alex's Lawn and Landscape b. CenterMart X. ADJOURNMENT *REMINDERS** �� N8noiog & Zoning COznzniSSiOo -7ueS(l8y, lu{y 31, 2018 - 6-30p in City 8ll"' City COuncHMeeting— We(loeSdnx, lu{y 11, 2018 - 6-30p in City 8]l City COuncHMeeting— We(loeS(lnx, luneZ5, ZO|@ - 6-3Op in City 8]l Pecyi]h SS' Q'00ani |Z-OOpzn ((ri�eenL�glit l�ecyi]� |5Z5 - 99'1' Lane L,` ffl8ine) Tolx |4, August ||, Se[ tezober@, October |3, November |O & Z}ecezober@, ZO|@ Fete des Lacs Events Tuesday,July 17, 2018 6:3Op.m.--8p.m.--K8usicinthe Park, Location: Hidden Spring Park (LaVaUeJazz[ats--SmingAao) Event is free&Lions Concession Stand will be available with food &pop for purchase Wednesday,July 18, 2018 (All Events Take Place At Centerville Elem. Parking Lot) 6p.m.--8p.m.--Pu6UcSafety Night Police Cars, Fire Trucks and Bike Rodeo 6p.m.--6:3Op.m.--k-9Unit Demonstrations 6:30 p.m.-7:00 p.m.—Anoka County Emergency Management Drone Demonstration 7p.m.--7:3Op.m.--FireTrailer Demonstration Thursday, July 19, 2018 S:3Op.m.--6:3Op.m.--StandupPaddle Board Yoga, Location: Centerville Beach atRice Creek Chain ofLakes Regional Park Boards will be provided unless you bring your own. Afee will be charged at the event 7 p.m.--8 p.m.—Bald Eagle Water Ski Show, Location: Trail Side Park Centerville Lake (Parking at Centerville Elementary School) Lions Concession Stand will beavailable with food &pop for purchase Friday,July 20, 2018 S p.m.--10 p.m.--UonsConcessions&Beer Garden, Location: Laurie LaMotte Memorial Park 7p.m.--8p.m.--AU'StarKickball Game, Location: Laurie LaMotte Memorial Park (Lions and Local Businesses vsCentennial Lakes Police Department/Centennial Fire District) 10 p.m.—Fireworks Display, Location: Laurie LaMotte Memorial Park Saturday,July 21, 2018 All Day—Lions Concessions&Beer Garden, Location: Laurie LaMotte Memorial Park All Day—Fete des Lacs Kickball&Softball Tournaments, Location: Laurie LaMotteMemorial Park 7:30 a.m.—Run des Lacs 5/8K, Location: Hidden Spring Park Register and pay for this event at Midwest Events or Same Day Registration Prior to Race 8a.m.--6 p.m.--RenegadePigs Motorcycle Club Pigapa|oza U' Location: Rumble Motorsports Breakfast(8-10:30 a.m.), Raffles, Band (3 p.m.-6 p.m.) and an Open House with motorcycles on display 8:3Oa.m.--Rundes Lacs Kids Run, Location: Hidden Spring Park (**8ponyored6yApple Academy**) Register atMidwest Events and the event isFREE 11 a.m.—Fete des Lacs Parade, Location: Main Street Register your float at www.centervillemn.com or www.fetedeslacs.org for FREE Following the parade, the Centennial Fire District will open the doors of Station #3 for an Open House, Location: Attached to City Hall Deck Party Following the Parade, Location: Kelly's Korner—Drink and Burger Basket Specials along with meat raffle Noon—S p.m.—Kids Fest 2018, Location: Laurie LaMotte Memorial Park Inflatables, Face Painting,Sassy the Clown, Petting Zoo, Dunk Tank, Nerf Archery and more! All day wristbands available to purchase Noon—S p.m.—Fun Fitness Obstacle Course, Location: Laurie LaMotte Memorial Park This FREE event is sponsored by Wholesome Health of Centerville for adults and kids All participants receive a free t-shirt and drawing for two 3 month memberships for group training classes Noon—S p.m. Lions KidSight USA, Location: Laurie LaMotte Memorial Park This FREE event is for kids,ages 6 months to 6 years of age Live Music, Location: Laurie LaMotte Memorial Park 2 p.m.-3 p.m.—Mike Conlon—Acoustic Classic Rock/Country 3:30 p.m.-6:30 p.m.—Cole Thomas—Acoustic Contemporary Rock/Pop/Country 7:00 p.m.-8 p.m.—Prairie Anthem—Acoustic rock/Folk/Country 3 p.m.-4 p.m.—"Comfort Yoga°Alfresco", Location: Hidden Spring Park Sponsored by: Thia Casanova, bring a free-will donation of non-perishable food items/cash 8:30 p.m.-11:30 p.m.—(Headliner Band)Nostalgic—Classic Rock/Pop, Location: Laurie LaMotte Memorial Park(No Cover Charge) Sunday,July 22, 2018 All Day—Lions Concessions&Beer Garden, Location: Laurie LaMotte Memorial Park All Day—Fete des Lacs Kickball&Softball Tournaments, Location: Laurie LaMotte Memorial Park Register at Corner Express or Wiseguys Pizza by July 16, 2018—Contact Todd—tdsteffen18@yahoo.com/651-308-0692—for more information ($180/team) 10 a.m.—Lions Bean Bag Tournament, Location Laurie LaMotte Memorial Park Register with the Centerville Lions($40/team) 11 a.m. —2 p.m.—Fun Fitness Obstacle Course, Location: Laurie LaMotte Memorial Park This FREE event is sponsored by Wholesome Health of Centerville for adults and kids All participants receive a free t-shirt and drawing for two 3 month memberships for group training classes 11 a.m.-2 p.m.—Lions KidSight USA, Location: Laurie LaMotte Memorial Park This FREE event is for kids,ages 6 months to 6 years of age 11 a.m.-2 p.m.—Kids Fest 2018, Location: Laurie LaMotte Memorial Park Inflatables, Face Painting,Sassy the Clown, Petting Zoo, Dunk Tank, Nerf Archery and more! All day wristbands available to purchase 11:30 a.m.—Community Picture, Location: Laurie LaMotte Park (Gather at the park for a community picture taken by a drone) Noon-2 p.m.—Paddle des Lacs—Location: Trailside Park,Centerville Lake Free canoe/paddleboard/kayak event launching from Trailside Park w/safety by Bald Eagle Waterski Club and Anoka County Sheriff. All participants must wear a life jacket. Register at Midwest Events. 2 p.m.—Bald Eagle Water Ski Show, Location: Trail Side Park,Centerville Lake(Parking at Centerville Elementary School) Event is FREE. Lions Concession Stand available with food &pop for purchase Teresa Bender Fnmnn: Mark Statz Sent: Monday,June l8' 20l86:04PK4 To: djgramer@netoapeoet Cc Teresa Bender; Dan Schmitz Subject: RE: Shed 7ll2Brian Drive We'll put you onthe agenda for aninformal review. | think the info you've submitted already, should beenough togive the commission a picture of your situation. From: djgramer@net cape.net [mai|to:djgramer@netscape.net] Sent: Monday,June 1O, ZU1OS:S7PM To: Mark 3tatzxM3tatz@centervi||emn.com> Cc:Teresa Bender<TBender@centervillemn.com>; Dan Schmitz<DSchmitz@centervillemn.com> Subject: Re: Shed 711ZBrian Drive K1ork, Thank you for the outline and options. How about talking with the P&Z Commission on the potential variance or other options. | will print out some handouts to get o feel for what is being asked and to understand which route might be the best. If you can please let me know the tinning to appear orany other governance needed to talk with the Commission. Thanks again, appreciate looking at and considering options. Best regards, Dave -----Original Message----- From: Mark Stotz > To: djgnamer > Co: Teresa Bender ; Dan Schmitz « Sent: K1on, Jun 18, 2018 315 pnn Subject: RE: Shed 7112 Brian Ohwa David, Thank you for the email and pictures. I've spoken with Dan and think | understand your situation. Here are the options | see,for you: � Toput the shed where you are suggesting,vvou|drequireavahance. So you could: o Simply appear before the PblZ Commission and ask for an informal review of variance. This would not be binding, and if you continue forward, you would need to go through the formal process. This means you wouldn't begiven aformal consideration until the August Meeting. The reason for doing itthis way istoget a general feel from the Planning Commission astowhether or not they might consider a variance before you spend the time and money it will take for a formal application ($25O+ $500 escrow deposit) o Apply for a variance (see attached application); you would need to make that application by Thursday, to get onthe July 10 Planning and Zoning Commission meeting agenda. Your variance would then be considered bythe City Council attheir July 25meeting. � Another option might be: z o Seek an encroachment agreement to place the shed in either the side yard or rear yard easements. This agreement would reserve the city the right to have you move the structure if the needs of maintaining drainage or utilities in the easement were interfered with. With this option, you would still need to meet setbacks, but could place the structure in the easement. Finally, we do see that your circumstance might be one that would make sense to address with a code amendment. The thought would be to allow a shed to be in the side yard as long as it behind a fence. However, that's not what the code says now and sovvehave tobeconsistent. So, another option would befor you towait for ustoseek Planning Commission input on whether or not they would entertain a code amendment, but that would be at least two to three month process, with no certainty that the outcome would befavorable toyour situation. Let meknow ifyou have questions onthe various options we've presented. Thanks. MaM« Statz, PE City Administrator/Engineer City of Centerville 1880 Main St. Centerville, MN 55038 0: 651-429-3232 []: 651-792-7931 C: 651-775-5126 @centerVi||e[An From: Sent: Sunday,June 17, ZU1O6:S7PM To: Mark3tatz Subject: Shed 7112 Brian Drive Greetings, We moved in about eight months ago and been talking with Paul and Dan on o permit for o shed ot71 12 Brion Drive. What | onn running into is with the easements and yard structures there is only one location to put the shed. In order for the shed to be of any size and use the full yard, would like to place it next to the privacy fence that is set back about five feet from the book of the house. From talking with Dan the zoning requirements are the shed needs to be in the backyard sowould not beable toput itnext tothe fence. Normally | would just move itforward five feet, but | can't because it runs into a mature tree in the yard and it would also run into the easement as well. | tried toput itonthe other side of the yord, but we have on existing patio and would need to dig up the patio...but also that location would also be on eyesore for the neighbors osour yards have onopen feel there. | would sincerely appreciate o zoning variance to place the shed next to the fence and be allowed o five foot set book. We have o privacy fence and the fence gives the appearance the shed is in the back yard. | can understand the need for it to be in the backyard because of neighborhoods, but in this case with Main street as our"neighbor' | hope it would be acceptable. I would also be happy to ensure a privacy fence is maintained as long as the shed is in this location, keeping the feel the shed is in the backyard. Our house is close to the City Ho|| if you want to stop out and see the location, but | attached some pictures that might be helpful to see the request. | think Dan hos the application. Again, | sincerely appreciate this consideration and hope it is reasonable. Since moving in we need oshed to get completely settled. 2 If you would like to talk live, please feel free to contact me at 651-335-7936. Sincerely, David Gramer 3 4 o Snowmobiles, 5. ll?erslonalll watercraft 6. Personal mutill,t trailer; 0 Ice bomm e',;; a im 8. pmmmam;p.p mummmmwstmruu tion equipiment. Clotheis lines, ammmtmmmmmmmm ,„air uuamrmri tm aammumm , ammutu,ummmr grins,play equipment,omalments and mmr am r:ruu°mm m ts; (e) 1"ummmrllp°rmrdr y umtorar amf"mmmart rr iru .r d rncpr.uriaplmmmr mmt u�uurr m corristrrummutmrmnm.a n iamnxismuau,�rrrm, ; and F) L zkeshl m ]II)iroperties can store r11he t"mmppumwurr,g iten-is of personal 111mi-ollliertywithin 0, fbet o the shoreline nimuiritig rhe rmrmmrrt piiirorn,, Slepttmxibler to Mayoclpu ,lllxmamt ii sw„ swim rafts, slides and othiv. ~spur iammmiiing eqtiipment. ) " mmmmmm mriallmm 'ni,m ri.a, istri.rds. Storage ofpr cts,mrmmmmlerialma Damm ,uuiip::mnmmu nt,exlcludin,g irubbis1 m amm,;14'u,mm°n;�r� a �m�;�m iiia mm ��umnnr arm Damn : mauu�d I mm wmmm�mk rrperirfio n.in mm orrammm m°m,r'imal or prm,dau trriii i district,arrr a hitch is u-Nnplmiertel anureuermeu;p h)mmm,aampju)in.imm purrarll'?,e rain s mrmr,ri fight C&..Way' The site tmiiarrr. review Ilfmrra ces is mrr�°aprr:i:rreid to detlerrriJhnle time approPfiatenless fm storage p"mer mmitt u.11 in the ediiia n:, surf.acing mr qu,.rirm, i:r"onr tpmmut011i!k arr.,,,a alkd the slc,:,reeni m required. 16m5°'ilf"H: UG.I:I. 1 .15�4: 1111�,S.E. .V'EIt:�" . : ViRE® 156.1.55 W100D....ANDS .PIIIIZES,ER%7A'IrION Irk residential u areas,s,, tructrures umlllaa@i bie I..mm t a in .mannier that the trimi mmmmrrm mrm,ru. rnillm rr of' oodl,rmmm s hall lIx,presei-V d. Er numbers° of trc.!es are cut,in resilduirmtiaup amr° ,fira;es shall ble irej.::flante d, in ar densfty an rmm.arnmmm r°satisfactory to the City ouuncil, Clear cuttin[g of,w odhmmmck fior nonagricultural„ricumltrrral purprm eis pr(,mllllibit d, unliess the action involves a utility or roa dwww a , mra:n mrimred by time pmmu:ll:�ii , am.rid'rWlude,areforestation plan,rreiii:' murr ,i by the Citi C"oummm ii. §§ 1.516.1516"FFIR-10IIA"O"ll 156.1 65RLESERV10 FORL FUTURE USE. 1516.11661 PARKING ING )Reej it mmmenu in ;wrmmmm°al '.rhie fa,mlgrmwm.:rm. ;tat:a c riIIIlluu itrartes the rrrmrij."u mmtxiai..mmirrrritm r°lairplarkin,g spaces required. for,various usles plermitted in the in city, rmrm,d mrmrm ii, mrmrrmi,mmmrmmrmm parking requirements '"pC�m�rm iiat�� the IN ,,,,1 District, as plarrt lolPtfie planted mu rrt develllmmp mmm:rrrm:t.approval l ppmrrmmrress, rr it'is, d,rut rrmmpr eld Chat the use is r cmmm u t rrt With tiro purplase ol:fthie diStfict,arid that pmamrll m:mm mnu ' t mr n'm ui by thmmm City to i.ae urftrm ''ClIt to IuX.Ormr:rmnu),d t time,,use p;; err g e .................................................................................................................................................................................................................................... ...................................................................................................................................................................................................................................................................................................................................... I..Jse!s Miii.iii-nt,im..Pai.-Ii..in.g.R�e�qui.r-e(l, ..................................................................................................................-.1.111................................................................................................................................. ...................................................................................................................................................................................................................................................................................... wellinp.,. Unit Residential '2 ............................................................................................................................................................................................................................................................................................................................. ....... ........................................................................................................................................................................................................................... Churche1/ s 3 seats in Fiast assembly root'lli .. .. ....................................... .................. .......................................................................................................................................................................... .................................L lar .................. ......................................................0..................................................................................................................................... Schools Uclassroiam, lu I : : I ............1-1.11...........11.11.............. 1�..........�E� /3 seats in 1, st..as by ........................................................I......................... ............ e"a................................................................................................................................................................................................................................... ters 1/3 seats ....................................................................................................................................................................... ...................................................................................................................................................................................................................................................................................................................................................................... lZestaurants 113 seats ......................;........................................................................................................ ......................................................................................................................................................................................................................................................................................................................................................................................................................................... Offices 5/1,10010 siq. ft !91.0- ss flooir space � .....................................................................................................................................................................................................................................................................-. .......................................................................................................................................................................................................................................................................................................... Retail 6/1.,,111111ss floor area ... ........f ............................................................................................................................................................................................... . ......................................................................................................................................... ........................................... Convieniencire, stores 7, 1:!, q. ft )ss i loor ar a / 000s, �S C .................................................. .................. . .................................................................................................................................................................................................................. General ................................... ............................... .s...e....r.vices 4/1, 1s . f. gross floor area ............................................. ................................................................................ q ............................... ,Fradbinesses 1,000 Sft, ss noor area ................. .................................................................................................................................................................................................................... ............. anufacturirm. �g 3/1,,0001 sq. ft, grass floor area ..................................................................................................................................---.................................................................................................................................................................................................................................................................................................................................................................................................................................. pp Other indUrStriall or warehiollshig , 2/1,,0001 sq. ft. gross flolor area ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Car washies 5/stacki:' peer II 11 .............. ......................................................................................................................................................................................................................................................................................................... ..........11 Drive-up restauranits 1 5 stacking plus U`3 seats ............................................................................................................................................................................ ................................................................................................................................................................................................................................. ....................................................................... (13)Off-street parking. When a building or structure is enlarged, additional off-street parking shall be required only with respect to the additional usable floor area. (C)Change in the Use of a Building or Structure. An off-street parking area shall not be changed to any other use unti I equal off-street parking is provided else-iArhere. No parking area used or designated in connection with a building or structure in existence on the effective date of this chapter shall be reduced to provide fewer than the minimum number of parking spaces required under this chapter. (D)Off-streetparking and loading zones. No building or structure shall be hereafter erected, substantially altered or its use changed unless off-street parking and loading spaces have been provided in accordance with the provisions of this chapter. The number of off-street parking spaces provided shall be at least the minimum number provided in the schedule contained in this section. (E)Notwithstanding the minimum number of parking spaces as defined by this section, a conditional use permit may be granted to provide fewer parking spaces when it is clearly demonstrated by the applicant that the use will not require the number of spaces indicated. In the event a conditional use permit is granted, a condition may beimposed to require that the land normally dedicated to parking shall be held in a landscaped reserve that can be used for parking in the event the use or parking needs should change, A landscape reserve should equal the amount of land necessary to support the number of parking spaces required to serve any more restrictive parking use of the building or structure permitted by the applicable zoning district and building codes. (F) Parking spaces may be located on a lot other than that containing the principal use, subject to issuance of a conditional use permit. 365 11 Page (Cir)Q/ I I ff".,streevloading, A loadingspace shall, haveininimu n.i.dimensions of rvot less than 1.2 feet Lin. width, 510 Feet in liv!wth, cXCIUSi've of driveways, a�islies and other cin.mlation areas. One off street Ill space yah, ll be Provi(Jed and maintainied on the saInae lot for calich corriimercial wid knurl Lj�trial use re.,liquiring regular delivery ofgic:!aiodsv and havinpI a modil:ied gross flicx.v arof rniore flum 101910100 square feet,, Onle loading space, slmll be pirovided fior l additil(mal 25,,101010l Squarill fettalr fraictilairi theirelt:&. No off An',,let loadin gspaceshaIIIIII The located in any required yard add sildential use. Required offisiweet jjolit ing any re Iloadin! space shall r1ot be, inclu,il1e,r,,I as off street parking space in cotriputing required off street plarill 9 9 �sp,ace, Vehicles tailizing iffiis lia,,ading spacle shall not pro,JIt°ct into thie ptklic nfight.... f way. CIFT)Frair.:Iional qpace, When an.a-� ication of t1mstudards of this chal.-Aer with.�res eict to niarnber ofiolffl r P, p Rtree t 1:3airking spam ce ilresults in the need to provide a fi-action l space, any fraction of one-half"'or Ile h,all be, disregarded and any otbler frac"tion shall beconstrueld s (;)ne. (I) UvesnotmenifitmexlL For any tase notspeciflicallY mentioned in tkile schec.iuoff le of itrvet pan arking d Ibladin! ,g reliquirernie;rami s, the number of"spaces required should Ilmm tl at required R'r tlm iusle narTi, in tile schedule which is dIk.,Ae,,-nnined by the.planning and Zoning Commission to be, T.'i-iost similar, (J) 4Iacesjbrft,,e or more automolides. Parkinareas coinsisting of five or riaore, off„use reet parki.tIg spaces shall have individual ispaces so rmmarlIl Iby paverialent is rip the periT.-neter of lot sliall be suffoundw. ,by curbing, alind shall be sio designed,mainlitained and ren gulat id igrhat no parkiing air maneuvering incidental to paiilll shall be loin.any public street,,, walk.or alley anso that any viehicle may be, a rlewd and Pa unparked without moving another vehilcle (K),ra!provir,unent and maintenamx. Requiredparkin g and Iload:ing space s,together witit dri've,ways, aisle an(I other circiulatkm�,ueas, shall bie iarkproved in away as to providle a durable and dust ftee amend ace IaSphalt, concrete,Pavim, cobbliestione,l similar iinaterial accoi-diing to Rininfii-rri,,u-rn. city Specifications, excit.,iding,R I. Distficts. .All Parkin and lowling areas sliall pravilde fbrproper ch-ainage of'surf.ke 19 1 watf,-.,r,to prevent,the drainage of the water olii,lto adiacent properties or walkways. 'The u::wiiner ofany park.ing or loading area shall i-naintairt the area in good conditionwitholut holes l Ilree ofal,11. dust, trash �and other d:elll:,)ris Paeking and access drives shall be located a minirnium of filw'a Weill l' mem any proywrty, line. Parkmg sPaces, shall be a rninimum of nine feet wildie., m:Md I S 1' et (L),,Iccev,v. All aff-street Parl,6tig �reas sball have ,access d6,ve,way,!;i rathicrthan from public an(I l by cotiditkmal iuuse pertnit,the iiIriveway access �,hall be Il.immmited to 24 iIFl in width at thier l line. i(M) Requirernents F or hfixed Uses If Imik'111ing, or sbucture c(.nitains)a mixture l uses as defuiwd by paragral'Iffis i(A) anid(fi,the mininiurn numbler of parkirIg S111%.wMenu requlired fin denim entire, Nlfliding or structure shall be calculated fb r the mast, restrictive Ill arking use a Ipernmmitted by time applicable zoning iffistri ct and building coldes. Ord. 2d#.19, amended 0612 71200 7 366 1 P a g e i. er , m Ite, , 31w..42 .2„32 or '” 651-429,8629 State of Minnesota) IC,nf IlLnokm City of Centerville) 1, Teresa Bender, being first duly swam, depose and say: 1 am s United States citizen., over nineteen (1 9) years of age, and the City Clerk of the City of Centervii1e, Mitt snn n° On Tune 28, 2018, acting on lbe.half of die said City, I deposited in die United States Postal Box located at 1880 Main Street copies of die attached PUbfic Hearing Notice, in envelopes, with. Postage thereon Uly paid, to -tine individual prop erty owners of IIne .o:Nlowinn address, .&ME ADDRESS See attachedsheet "C'ere is delivery saivice by United States :mail between the place of mailing annd the places so addressed,. , _ a1 Teresa �3ender Subscribed mid s om 10 before e thi 2 nd 1 '� A"Jure , 2018. JI f'ncmc � �nl�::" '� au" 11 j PIN2 LOC ADDR ACT.'CITY 40(�_LO(�JIP ommor ownemddy ownerchy ownerstat ownerzip 23 91 22 110028 1970 CARDINAL DR CENTERVILLE MN 55038 WARNER PAULA R&III DR'/ 1970 CARDINAL DR CENTERVILLE MN 55038 23-31-22-11-0069 7115 BRIAN WAY Cl!NTII ROILLE MIN 550.38 ANDERSON TIM OTTHY 71.35 BRIAN WAY ClElly I[EiRvill.11I. MN 55Ci38 23-31-22-11-CUM 7120 BRIAN WA.Y CENTERVILLE MIN 55038 IDUFECK GREGORY E 7120 BRIAN WAY CENTERVILLE MIN 550118 23-31-22-1-1,0042., 1.999 CARDINAL.OR CEWrIERVILLE MN 55038 ANGERHOFER STANI EV I&S 1989 CARMNAL DR CENTERVILLE MIN 55039 23-31-22-11-0070 7129 BRIAN WAY CENFIERVILLE MIN 55038 BEYER'TLMOTFIY D ;7 7129 BRIAN WA.Y ZEIIO'EIRVILILIE. IVIN 55038 23 B11.22-11-01010 7129 20TH AVE CENTERVILLE MIN 55038 TRI LEASING&CONSTRU ICTION INCl/ 288 ROHAVIC LN LINO LAKES MINI 55014 23-31-22 111.411.'60 7161.ROBIN LAI ciI:iiqTE:iIkvu.,iuE': MN 55038 CENTERVILI-E CITY IF'u 1.880 NMI NST CENTERVILUE MN 55038 23 31 4 11:2 2 1 1201 3 7175 ROBIN LN W CENTERVILLEMIN 55038 LAVIRENCERUSSEI DJR N710 CLEAR RIDGE CENTERVILLE MIN 5.1.w3s 23 31 22-11 0077 7140 BRIAN WAY CII!INTERVIILIIE MIN 55038 RANG PHUONG 7140 BRIAN WAY CENTERVILLE MIN 55D38 23-31.ZZ.119.147 .1977 ROBIN ILN S CENTERVILLE MIN 55038 JOHNSON RYAN 1.977.5 ROBIN IN CENTERVI I.J-E MN 5503 23-31-22 11 010019 7137 20TH AVE CENTERVILLE MIN 55038 IDABRU7211 HENRN,A&MICHAEL 7137 20TH AVE N CENTERVILLE MIN 5510.18 23-31-22-11-002.6 1982 CARDI NAL DR CEIRTERVILLE. MIN 55038 OLSONIAOOB u 1.982.CARDINAL DR CENTERVILLE MIN 55038 23-31-22-:11-0048 197:1.ROBIN LN 5 CENTERVILLE MIN 55038 CHRISTOPHERSON RUBY V1 1971 SOUTH ROBIN L.N CEINTERVILILE MINI 5510,iq 23-31 2.2-1.1-0068 '7141 BRIAN WAY CENTERVILLE MIN 5506 CASHMAN JOHN C&SHEIIIAJ 7141 BRIAN WAY CENTERVILLE IVIN 55030 2.3-31-22-11-0078 7144 BRIAN WAY CENTERVILLE MIN 5U),M TAYILOIR E)lEIRRICK J 7144 BRIAN WAY CENTERVILLE MIN 55038 2;3^31.:-:',i.2^.111,0037 1976 ROBIN LN S CENTERVILLE MIN 55038 HAGER MATTHEW 1976 ROBIN LANE S CENTIERVII[LE, MIN S.-Mas 23 31:,2..,,:U.1:-W-46 l0a2 ROSI IN UN S CENTIERVIIII.I.F.' MIN 55038 CHEVALLIER MARGARET&THIERRY 1982 SOUTH ROBIN LN CENTERVILLE MIN "S!MM 23 31C,22,11.:1:-0044 1995 ROBIN LN S CENTERVI LLE MIN !!a 01:338 1.995 SCOM-1 ROBIN LN CE N,11,1-0dl 11111! MIN 55039 23-31-22 11-13014 7181 ROBIN LN W CENTERVI LLE MIN 55038 PRAIRIE KELLYAN" 7181 WEST ROBIN UN HUGO MIN 5038 23-31-22-11-0043 1995 CARDI NAL OR CENTERVILLE MN 55038 DUCHARMECHAR7 At/ 2995 CARDINAL DR CENTERVILLE MN 5.103a Z3 1,93 22 3 1303R IN 1970 ROBIN LN S CENTERVILLE M 55038 RIVARDJESSICA' 1970 U 23-31-22-1.1-0096 7160 BRIAN WAY CENTERVILLE MIN 55038 wooI:;G 11.11EE%� 1 SOTH ROBIN LN CENTERVILLE MN RRMa 7160 BRIAN WAY CENTERVILLE MN 55038 23 31 ZZ-1:11 0081. CENTERVILLE MINI 55038 CITY OF CENTERVILLE' 1694SORELST CENTERVILLE MN 550319 23 31 22.1100,35 1988 ROBIN LN 5 CENTIERVILLE MN 550,38 BA1101-11111DIER EIIIIIIIN/ 1988 ROBIN L.N N CENTERVILLE MIN 55;D38 23 3.1 22 11 ON5 1989 ROBIN UN S CENTERVILLE MN 55038 1999 SO ROBIN LN CENMERVI LLIE MIN 59038 23..31-22-11 6 1983 RODIN LN 5 cENTmvim MIN 5503.5 LEE TOU1983 SOUTH ROBIN LN CENTERVI L.LE MIN 55038 23..31...22...1.1...00'49 1965 ROBI N LN S CENTERVILLE MN 55039 IKRUSE DOUGLAIS), 126161 ING ERSO L L AVE IN HUGO MN vK413 233122 11 0040 1977 CARDINAL DR CENTERVILLE MIN 55038 SCHROMAYREY 1977 CARDINAL DR CENTERVILLE MIN 55038 HE 1967 CARDINAL DR CENTERVILLE MN 55038 R CHIA 23.31...22..:.1.1..049391967 CARDINAL DR CENTERVILLE MIN 5510318 23-31-22-11,0027 1,9761:kADINAL,DR ccilhMDRvillill MIN 5;5038 MAYVIIA.E DAVID� 1976 CARDINAL DR CENTERVILLE MN 55038 �n, 31 0034 1994 ROBIN LN S CENTERVILLE MN SS038 KRENN PETER 1 1994 S ROBIN LN CENTERVILLE MN 55,038 23-31-224:11,0011, 7163 ROBIN LN W CENTERVILLE MIN 55038 SANDAHL KENTT&LGREU A 7163 WEST ROBIN LN CENTERVILLE MN 55038 23-31-22-11-0012 7169 ROBIN LN I CENTERVILLE MN 55038 BURN CUKTtS L&PAMELA K 7.159 WEST ROBIN LN CENTERVILLE MIN 55039 2;"3..1;3 t ZZ 1140716 1136 BRIAN WAY CENTERVILLE MN 55038 WILLIAMS RICHARD D&VICKY A 7136 BRIAN WAY HUGO MIN 5,5038 23-31-22-11-00713 7152 BRIAN WAY CENTERVILLE MIN 55038 HALVERSON RICHARD%/' 7152 BRIAN WAY CENTERVILLE MIN 55036 23 31-22 11:00157 7147 BRIAN WAY CENTERVI LLE MIN 55038 JOUN CHRISTOPHER 114 446 172ND AVE NE HAM LAKE MIN 553134 13-31-2241•I:K)41 �:083(:,AlR1I)IlNAI..I)IR CE NTERVILILIE MIN 55038 ANDERSON ANDREI 1983 CARDINAL DR HUGO MN 55038 23-31-22-11-0075 7126 BRIAN WAY CENTERVILLE MIN 55038 GAILLWIl 71 K)NAPS / 7126 BRIAN WAY CENTERVILLE MN 55039 Narl('T The City o ' Centerville Plannir-lig an(I Zomng Conm).ission will hold a public hearing orl. "ruesday, July 10, 2018 at the Cerilerville City.H.'all, 1880 .Main Street, in the O;nincil (1 avers beginningat 6:30 p.m., or shortly theTeafter on the f-'011owing matter: FTEM': Variarlee PETrrIONE.R- Doug .jas Kruse PROPERTY I.D.M R#23,,,,,31,,,.22,,,,1.1,,,.0049 LEGALRESCRIVIION: Lotws,.P 6. lock.4. Royal.MeadoSubj WE=of Ree .B P ADDRESS- 1965 S. Robin1ine The petitioner requests that the City grant a variance to allow the construction of a dii-veway closer to the p.ropert.y line(2) versus Code:requirement of 5' firom die.Pro.Perty line. City :all is ADA accessible. Requests for heanng assisted devices or a sign language interpreter must be received before 4:00P.m., Ady 6, 2018.. All Personsinterested are invited to attend and to be heard or :may submit in w `tin g their concerns. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional infonnpatio n. Published in the Quad Com. munity.erre ssJune 26, 2018.. t�� .��a %aafaJl %�,,, . a � �%/y ar�/ j ��/// lig I� ,"� 5"7" p� �"i ��va�� uq.l cs��ulru�watifr's X1.1 Alli, JIB„ ��I�.rip JI�� ,Iici C pl, p�"�s!L 8�T8d deposit p.�s'�g7kh't I�fli I� ie uda wtt Zoning:Dto su „ r cwn' n� Rei' t. �.. � Ar Phone: I Status of Applicant:t: n r L �sle h i l a Other a,: i ,s 'uuiwt�;i iriul�ty Street Address (subject pro P m RI ss inm fbir ii ae ues't� ��. .. � _....� .............................................................................................................................................................................. .A use variance may not be granted if the use is prohibited in a zoning district. This may occur when the local zoning ordinance specifically: :lasts prohibited suss (such as industnal uses in a residentid.1 torn ) or when a zoning ordinance lists pertnitted uses and stats that all ruses isnot specifically list are considered ren:Mbit d., Varimicesshall only :fie nitt . uv they :inn . . corny.. th the nur s s � . irut t of tie ordinance and wh .. the tenns of the-variance are consistent with the Comprehen sive Plan. Practical u difficulties: 10 Ttiie property owner .pr .poo-.nes to use t1ke property in a reasonable ie .... a. ex. "'Mie s f4ctor means nns u.at the i. .a,n ...err wnnnul d like to use ffie property in a par i.cuiisr reasonable ay b uta, sant, do so under the rums of the ordinance,, It aims not rn. a:un.that the land cannot be put to arty r ssani uus w hat soever wittiout,the v °anc. .w IF I'Me landowner's situation is clue, to circumstances uuniquu.e to the property not caused by the landowner. The ,.i u e n ss �.. diliy relates to the .0y. sical characteristics of the particular piece of property and economic is cunnrmsid rr ti.au:iru.s Along cannot create pruuctii.a,, ,1 difficulties. cu;ulti s, The variance, if granted, will int alter tine essential d ara ter of the i,au omit-. The factor a--nera.iy cxunt urrn tMutes whether tine resulting struchtre will (, t, of scala;, out of place, or otherwise i.uuu;x) nsist' t Vnith the surrounding area. Variances are: tinbe uun°ut . only if strict enfarcernent of a zoningordinance causes practical difficulties. . . landowner who . uur has. iand knowing a van.arnc.e w oui.i.ui be nnecvsary i order to nmake the, prc, rty buildable is :nnot barred Ernim requesting a variance on the rouunds tkne, hardship was self imposed. dd *,By1,mying ffie atmve stated fi.,e:,, 1, urkidjerstaind this no irefmids will be issued in hill, in put, orat any iC,hrl1q, Uvrjrn though the outcome of Council's miction is denial of the request. APIMEJ11CANTS, P11JEJASE Nc)"Ii'K�� A.111111 Or 111,0111l...Iffty OWniffs umast subtrAt the fbIllowing intixrimiafian tio the ("its® of Centerville ,I)y tllne "Fuesday that is 31C) days PRIOR to the meeting of thit..., Planning and ZAming Corximission or the Cit C,ouncil rineetin Y gatwhidh, the rec,'Fuix:st will be heard at a publilo'hearing. I a Complete thue ap, icatilon, ftxir the speciflic irequest and l.my the fee., P, Il.my 2. Slubrii'lft a eom, l suii]rvey and iit IISlai-'Is ,.,irr4-,Iu(i,,ii'rn,g :rneasuret:n,.m:iLs, dfinensifmls), 9'1-ijowin1 ,g lot Iffies anid dfivieways, sk.liewalks 5 r,-.urb calvits, Imuess, ef..;ress, ori the prope,r and itr!.; rellation, 'to adj,,�icentpro ertiles. I p I Explanation of mmm.rmt,emd i t will be uised and , 1, mu f(.-)r sicreeniing, landscaping, P fncing and dumIIS ster ench-)sun-m. L E)ra.wings ofcoma-P bled Ibuiiil.mllings, if a pronate u,:m the projimI, n ad mtaen.aIs used.P ,P 5. Storm, water retzm6on and rim uinage Iplaiis. "I'he Rice ('reek. Watershod Distrilmit, md/or cother watrer imariagement orgmizatians may need to ble notified (,Atlie pirqjiectry (i. A lm ex.plaining the reason :R-W th,,, var iance request. me, letter iirx.-Fiim�;t also Idernonstratt-.- the varikmt* will not irnjl-ract the sum.minding pmperties nor irnpa(A thec anutefistic of-the neig in an, narimm.". �h !hIII),of.hiDod" 'Yr lio, ..��.,,, _. I-in III. ti "I �._ __. ..__. . . m �._..aw . ..... �� . hl N r�5 0 0 INFORMATION MEMO UAGUE OF Land Use Variances MINNESOTA CITIES Learn about variances as a way cities may allow an exception to part of their zoning ordinance. Review who may grant a variance and how to follow and document the required legal standard of practical difficulties" (before 2011 called "undue hardship'). Links to a model ordinance and forms for use with this law. RELEVANT LINKS: I. 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. 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 Minn.stat.§462.357,suba. generally allowed in Minnesota—state law prohibits a city from permitting 6. by variance any use that is not permitted under the ordinance for the zoning district where the property is located. II. Granting a variance Minn.stat.§462.357,suba. Minnesota law provides that requests for variances are heard by a body 6. 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. Minn.stat.§462.357,suba. A variance may be granted if enforcement of a zoning ordinance provision 6. 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. If the applicant does not meet all three factors of the statutory test, then a variance should not be granted. Also, variances are only 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. This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice concerning specific situations. 145 University Ave.West www.Imc.org 11/15/2017 Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 ©2017 All Rights Reserved RELEVANT LINKS: III. Legal standards When considering a variance application, a city exercises so-called"quasi- judicial" authority. 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. If 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. A. Practical difficulties "Practical difficulties"is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. 1. Reasonableness 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. 2. Uniqueness 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. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Variances Page 2 RELEVANT LINKS: 3. Essential character 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. B. Undue hardship 2011 Minn.Laws,ch.19, "Undue hardship"was the name of the three-factor test prior to a May 2011 amending Minn.Stat.§ 462.357,subd.6. change of law. After a long and contentious session working to restore city variance authority, the final version of HF 52 supported by the League and allies was passed unanimously by the Legislature. On May 5, Gov. Dayton signed the new law. It was effective on May 6, the day following the governor's approval. Presumably it applies to pending applications, as the general rule is that cities are to apply the law at the time of the decision, rather than at the time of application. Krummenacher v. city of The 2011 law restores municipal variance authority in response to a Minnetonka,783 N.W.2d 721 (Minn.June 24,2010. Minnesota Supreme Court case,Krummenacher v. City of Minnetonka. It Minn.Stat.§462.357 subd, also provides consistent statutory language between city land use planning 6. statutes and county variance authority, and clarifies that conditions may be Minn.Stat.§394.27,subd.7. imposed on granting of variances if those conditions are directly related to, See Section 1,What is a and bear a rough proportionality to, the impact created by the variance. variance. In Krummenacher, the Minnesota Supreme Court narrowly interpreted the statutory definition of"undue hardship" and held that the "reasonable use" prong of the"undue hardship"test is not whether the proposed use is reasonable, but rather whether there is a reasonable use in the absence of the variance. The new law changes that 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(1)reasonableness, (2)uniqueness, and (3) essential See Section IV-A,Harmony character. Also included is a sentence new to city variance authority that was with other land use controls. already in the county statutes. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Variances Page 3 RELEVANT LINKS: C. City ordinances Some cities may have ordinance provisions that codified the old statutory language, or that have their own set of standards. For those cities, the question may be whether you have to first amend your zoning code before processing variances under the new standard. A credible argument can be made that the statutory language pre-empts inconsistent local ordinance provisions. Under a pre-emption theory, cities could apply the new law immediately without necessarily amending their ordinance first. In any regard, it would be best practice for cities to revisit their ordinance provisions and consider adopting language that mirrors the new statute. Issuance of variances,LMC The models linked at the left reflect the 2011 variance legislation. While model ordinance. they may contain provisions that could serve as models in drafting your own Variance Application,LMC documents, your city attorney would need to review prior to council action model form. Adopting Findings of Fact, to tailor to your city's needs. Your city may have different ordinance LMC model resolution. requirements that need to be accommodated. IV. Other considerations A. Harmony with other land use controls Minn.stat.§462.357,subd. The 2011 law also provides that: "Variances shall only be permitted when 6. they are in harmony with the general purposes and intent of the ordinance See LMC information memo, and when the terms of the variance are consistent with the comprehensive Raking the Mvsfery ouf of plan." This is in addition to the three-factor practical difficulties test. So a Findings ofFacf. city evaluating a variance application should make findings as to: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the comprehensive plan? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? B. Economic factors Minn.stat.§462.357,subd. Sometimes landowners insist that they deserve a variance because they have 6. 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 exist only when the three statutory factors are met. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Variances Page 4 RELEVANT LINKS: C. 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. D. Conditions Minn.stat.§462.357,subd. A city may impose a condition when it grants a variance so long as the 6. 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 effect of excess height. V. Variance procedural issues A. Public hearings Minnesota statute does not clearly require a public hearing before a variance is granted or denied, but many practitioners and attorneys 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. B. Past practices 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 possibility of amending the ordinance to change the standard. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Variances Page 5 RELEVANT LINKS: C. Time limit Minn.stat.§15.99. 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. D. Documentation Whatever the decision, a city should create a record that will support it. In Minn.stat.§15.99,subd.2. the case of a variance denial, the 60-day rule requires that the reasons for the See LMC information memo, denial be put in writing. Even when the variance is approved, the city should Raking the Mvsfery ouf of consider a written statement explaining the decision. The written statement Findings ofFacf. should explain the variance decision, address each of the three practical difficulties factors and list the relevant facts and conclusions as to each factor. If a variance is denied, the 60-day rule requires a written statement of the Minn.stat.§15.99,subd.2. 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. VI. Variances 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. VII. Further assistance Jed Burkett If you have questions about how your city should approach variances under LMCIT Land Use Attorney jburkettCimc.org this statute, you should discuss it with your city attorney. You may also 651.28 L 1247 contact League staff. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Variances Page 6 S' ° � 2335 Highway 36 West, St. Paul MN 55113 Memorandum DATE: July 10, 2018 TO: Centerville Planning and Zoning Commission FROM: Phil Carlson, AICP; and Beth Elliott, AICP, Stantec RE: Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development, and Preliminary Plat BACKGROUND Applicants Rich DeFoe and Jim Boo have applied for a comprehensive plan amendment, rezoning, PUD and preliminary plat for Bay View Villas, proposing to construct eighteen single- family homes and maintain an existing single-family home on the former Waterworks Property at 7265 and 7281 Main Street.This body held a public hearing and reviewed the project at their June 5, 2018 meeting and approved the preliminary plat with conditions. Action on the Rezoning, CUP for a Planned Unit Development, and Comprehensive Plan Amendment was deferred until a draft of the CUP could be presented. The item in front of you is to formally approve or deny the final three applications after a review of the draft CUP included in your packet. Any recommendation for approval of the three remaining applications should be contingent upon the recording of a final plat for the development. The City Council reviewed a revised preliminary plat at their June 27, 2018 meeting. Based on public testimony, particularly related to the plat's relationship with adjacent property owners to the east, the Council tabled the item. The Council will act on all the planning applications on Wednesday, July 11, 2018. r,. U l The subject property is approximately 7.3 �� acres with an existing home and is the former site of the Waterworks Beach Club and Grill, located along Main Street between Centerville Lake and Peltier r. Lake. Single-family homes border the site to the east and along Peltier Lake Drive to the north of Main Street. le'sif;),I \offlh C,onnrnunlly�III rnln i July 10, 2018 Centerville City Council Page 2 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat PLANNING ISSUES DISCUSSION 1) Comprehensive Plan and Zoning. In the 2030 Comprehensive Plan, the property is guided High Density Residential for the majority of the site with Commercial designated on the far west where the existing commercial building is located. The Plan identified the subject site in its Existing Growth Management Plan as having the potential to net 75 units at 12 units/acre or greater under the High Density Residential future land use category. High Density Residential "areas are composed of primarily attached units in multi-story structures. The density will be twelve units per acre and greater." 2030 Future Land » tiu " x;31 0y i.imnit w. Roadway Ceavior'Viune Low iDansaiy RosidwwriiW High Density Residatui�al ��,ii �,,,i,i�iii,r �U 111111111111111111 8 iStMiii sa+wd tis� pndamsGirnsi , � F� BwcldamnrMPul we cilty Park Fia£iional Parti,nesewV0 R1ga,-0-waww ��w+�www�anw�;�a �rww�wp� #wwwwwVw�w '', OPWN w aw Cf * WO,tako The property is zoned B-1 .... a� and R-3, corresponding to Existing Zoning the two land use categories above. The B-1 zoning district covers most of the western three units of Bay View Villas while the R-3 district allows single-family homes in combination with multi-family residential only by a PUD. Also, the R-3 district does not allow single- family in le-famil residential on its own - and expects a project to meet the "goal of 12 units per acre", meaning at least 12 units/acre. 2) Application requirements N,,,I��i wiih r„ �?rnrnunll in rri'irrl July 10, 2018 Centerville City Council Page 3 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat a. Rezoning The applicant is requesting approval to rezone both parcels from B-1 and R-3 to R- 2A High Density Single Family District which allows a mix of residential uses up to 12 units/acre. The current R-3 zoning district would not allow the proposed single- family homes and the proposed density matches the requirements of the R-2A. b. Conditional Use Permit The applicant is requesting approval of a CUP for a Planned Unit Development. This is required so the project can meet use and density standards. c. Preliminary Plat The applicant is requesting approval of a Preliminary Plat for nineteen single-family residential properties. A new roadway would connect to Main Street at an intersection with Peltier Lake Drive to the north. The new roadway would end in a cul-de-sac in the western section of the property. d. Comprehensive Plan Amendment Once the development applications are approved, the City will need to file a Comprehensive Plan Amendment of the 2030 Comprehensive Plan to the Metropolitan Council on behalf of the developer. The amendment should request both parcels in the subject property be guided for Low Density Residential instead of the current Commercial and High Density Residential. 3) Shoreland provisions The property is subject to Section 156.133 of the zoning code because it is located within 100 feet of Centerville Lake and Peltier Lake. In particular, each lot is required to be a minimum of 15,000 square feet, not less than 100 feet in width, and locate buildings no closer than 75 feet from the ordinary high water level of the lake. Additionally, each parcel needs to conform to the shoreland standards for removal or alteration of vegetation, particularly limiting vegetation clearing within 50 feet of the ordinary high water line. The homes on the lots adjacent to Centerville Lake do not meet the 75-foot setback, minimum lot size, and minimum width. They average 50-60 feet from the ordinary high water line, are 10,000 square feet, and 62 feet wide. However, most other existing homes adjacent to the lake do not meet the 75-foot setback so this development would be in keeping with the shoreline's existing character. The preliminary plat indicates significant grading and elimination of most mature vegetation within 50 feet of Centerville Lake's ordinary high water line. Runoff directly to the lake is primarily from rooftops and yards (and not driveways), so this is better than if the street and driveways drained to the lake and may be acceptable to the watershed district, but the plan still does not meet the spirit and letter of the Shoreland standards. wiih r„ �?rnrnunii,/ in rri'in1 July 10, 2018 Centerville City Council Page 4 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat Planned Unit Development A PUD needs to meet the following standards for a CUP approval: (A) The development shall be planned so that it is consistent with the city comprehensive plan: The PUD will be consistent with the comprehensive plan once a Comprehensive Plan Amendment has been approved through the Metropolitan Council. (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; One of the benefits of a PUD is to provide flexibility in a site plan to preserve natural amenities. While the plan does not meet the specific requirements of the shoreland provisions for setbacks and lot size, it can still meet the intent of the ordinance to preserve the body of water and shoreline. A significant drawback of the proposed preliminary plat is the grading and removal of existing vegetation within 50 feet of the ordinary high water line on Centerville Lake. These changes could not only impact the character of the shoreline, but also have negative consequences on the lake from stormwater runoff. Additionally, units 1,2, and 3 in Block 1 are proposed in a 100-year floodplain but are mitigated through a separation from Centerville Lake's ordinary high water line within 30-75 feet of a flood mitigation zone. Construction of these units will require FEMA approval and vacation of an existing St. Paul Regional Water Services easement. (C) The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site; The development proposal is consistent with the single-family residential directly to the east of the property and across Main Street to the north. (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; The land is under unified control. The shoreline could be best preserved by designating a swath of land back from Centerville Lake's ordinary high water line for common HOA ownership,which the plat proposes with the 30-foot deep Outlot B. The proposed grading should minimize vegetation removal to protect the character of the current shoreline and future health of the lake from runoff. (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 are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated; The Block 2 stormwater ponding area is on the north side and Outlot B is on the south (with common lakeshore ownership) and west. (F) The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the district; wiih r„ �?rnrnunii,/ in rri'in1 July 10, 2018 Centerville City Council Page 5 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat The proposal would add 18 residential units and therefore not create an excessive burden on City services. (G) The proposed total development is designed in a manner as to form a desirable and unified environment within its own boundaries; All parcels are of a generally consistent size and configuration and access the property from one new roadway with one access point on Main Street. (H) The plans required under this section must be submitted in a form which will satisfy the requirements of Chapter 153 for the preliminary and final plats; The plans satisfy the requirements of Chapter 153 of the zoning code. (1) Permission to develop specific parcels of land under the provisions which follow shall be binding on all construction. Any change in the development plan after approval by the City Council shall be resubmitted for consideration; and (J) Subdivision review under the subdivision chapter shall be carried out simultaneously with the review of a PUD under this section. Section 156.223 of the zoning code indicates minimum lot size requirements do not apply to a PUD except that the underlying zoning district requirements shall serve as general guidance to determine maximum dwelling unit density of the total development. The proposed R-2A zoning district allows up to 12 units/acre. The proposed 19 units would equate to 2.6 units/acre. The terms of the CUP shall be granted only if evidence is presented to establish: (a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or city; The property was identified in the 2030 Comprehensive Plan as a priority for growth yet has sat vacant. It is in the best interest of the City to support development on identified growth sites. The project is proposing residential units consistent with adjacent properties. (b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and The PUD proposes a new roadway that begins with access to Main Street and ends in a cul-de-sac within the subject property. The residential use is consistent with neighborhoods to the east and north. (c) That the proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. The proposal includes possible direct access to the new roadway from LaValle Drive for the three neighboring properties on the east, as well as a single access to the two southerly lots via a connection to the existing private drive wiih r„ �?rnrnunii'/ in rri'in1 July 10, 2018 Centerville City Council Page 6 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat RECOMMENDATIONS At the meeting on June 5, 2018, the Planning and Zoning Commission unanimously recommended approval of a Preliminary Plat for Bay View Villas located at 7265 and 7281 Main Street, based on the drawings from Plowe Engineering dated May 4, 2018 (some drawings are incorrectly labeled 2017) and received by the City May 5, 2018,with nine conditions. Based on the Planning Commission discussion and the revised plans submitted by the applicant, we recommend that the Planning Commission recommend approval of a Comprehensive Plan Amendment, Rezoning, Conditional Use Permit for a Planned Unit Development, and the revised Preliminary Plat for Bay View Villas located at 7265 and 7281 Main Street with the following conditions, subject to Findings of Fact and a code amendment for the rezoning to be adopted by the City Council at a future meeting. Notes in italics below each indicate how the Planning and Zoning Commission conditions of June 5, 2018 relate to the revised preliminary plat and to City staff's current recommendations: 1) The grading plan shall be revised to preserve intact as much as possible of the first 50 feet abutting Centerville Lake, and stormwater shall be directed away from the lake and treated before entering the lake. A landscape plan should be submitted detailing how the shoreline and area 50 feet up from the HWL will be treated to achieve structural stability, water quality, and aesthetic qualities. The grading plan is revised from the earlier submitted plan to provide a swale within the first 30 feet from the lake that would direct runoff to the west. This is an improvement but still grades that area and removes all existing vegetation -it does not meet the intent of the Shoreland standards, which suggest not disturbing this shoreland area. The landscape plan reestablishes trees in this area but could be improved by planting native grasses and other plants appropriate for the shoreland area. 2) A portion of the first 50 feet from the ordinary high water line on Centerville Lake shall be in common HOA ownership to better protect the character of the shoreline and health of Centerville Lake, including provision for a managed boat dock system. The revised plat proposes the first 30 feet of shoreline be in Outlot B, in common ownership. There is limited language in the revised narrative addressing docks, which needs to be clarified. 3) The Final PUD Development Plan shall include a Landscaping Plan. A preliminary landscape plan for the shoreline area was submitted, but it could be improved with more plants and more native shoreland vegetation instead of standard lawn turf. 4) The Final Plat shall be approved by the City Council. wiih r„ �?rnrnunii,/ in rri'in1 July 10, 2018 Centerville City Council Page 7 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat Some condition would apply. 5) The developer shall complete the required FEMA floodplain approval process and work with St. Paul Regional Water Services on the necessary easement vacation. Some condition would apply. 6) The developer shall obtain approval of the LaValle Drive access relocation plan from Anoka County. Some condition would apply. The county has approved the LaValle Drive plan. 7) The developer shall work with the City to provide driveway access to the new LaValle Drive for the five neighboring properties to the east, plus water service stubs (to the property line) and reconnection of electricity, gas, phone and cable at no cost to those property owners. The revised plan does not meet the Planning Commission condition of no cost to property owners. However, city staff, the developer, Mr. DeFoe and the three neighboring property owners met and have agreed to the following conditions: a. LaValle Drive residents may hook to private utilities (gas, power, cable TV, phone, internet) in the boulevard of the new LaValle Drive at their own cost. The city and developer will work with the various utilities to facilitate this process. b. LaValle Drive residents may arrange for the abandonment of private utilities at their own cost along the former LaValle Drive corridor. The city and developer will work with the various utilities to facilitate this process. c. City will pay for sewer service stubs to property line (developer to submit engineer's estimate of these costs). The City will only pay the actual costs for the service stubs. d. City will pay for water service stubs to property line (developer to submit engineer's estimate of these costs). The City will only pay the actual costs for the service stubs. LaValle Drive residents will be responsible for water access charges per the city's fee schedule at the time of hook-up, including both the Water Access Charge (WAC) and the Lateral Benefit Fee for properties that have not been assessed for water main improvements. e. Property owner Erik Marshal may request a larger service than normal residential, but will be responsible for the additional costs f. Developer will extend each driveway(except southerly of two Erik Marshal lots) from the new LaValle Drive to the property line. LaValle Drive homeowners will be responsible for any improvements on their property. g. LaValle Drive homeowners will demolish gravel road and restore with black dirt and turf. Developer will perform restoration work on the county road as needed to disconnect LaValle Drive from Main Street upon abandonment of the road by the homeowners. h. Plat shall be revised to allow reasonable direct access to the northerly of the two lots owned by Erik Marshal. This may decrease the north side of Mr. DeFoe's lot. v/JH'I r �?rnrnunii,/ in rri'in1 July 10, 2018 Centerville City Council Page 8 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat i. Plat shall be revised reduce the size of Outlot A to allow reasonably direct access to LaValle Drive for Mr. and Mrs. Zimney, so that this driveway may be straighter. 8) The developer shall address all comments of the Centerville Public Works Department, City Engineer, and Public Safety officials to their satisfaction. Some condition would apply. 9) The City will consider further reduced front setbacks for structures to the right-of-way on new LaValle Drive if necessary to achieve other conditions in this approval. The current plan has the some structure locations and setbacks as the previous plan. FINDINGS OF FACT If the Planning Commission recommends approval of the requests, the following Findings of Fact would support that decision: 1) Comprehensive Plan amendment: a. The property is currently guided for residential development and the proposed land use plan amendment would be a reasonable use for this area, reducing the anticipated density while provideding needed housing and economic development for the City. b. The amendment to Low Density Residential is appropriate for the area and fits the developer's intentions. 2) Rezoning a. The property is currently zoned B-1 Commercial and R-3 High Density Residential. Rezoning to R-2A is reasonable for the area and consistent with the land use plan amendment being requested. 3) Conditional Use Permit for a Planned Unit Development (PUD): a. The proposed project meets the intent of the City's PUD code: i. It is consistent with the Comprehensive Plan, as amended for the project; ii. The project is a unified treatment of the site and deals responsible with the lake shore and wetlands on site; iii. The project harmonizes with surrounding properties in terms of land use, property access and scale of development; iv. The project will be developed as one unit under a homeowners association, including the shoreland which will be in common ownership; v. The project will be provide common storm ponding areas and lakeshore easements that are balanced with the overall project; vi. The new 18 units would not create an excessive burden on City services. vii. The project will be a desirable environment within its boundaries; viii. The project will satisfy Chapter 153 requirements for platting; wiih r„ �?rnrnunii,/ in rri'in1 July 10, 2018 Centerville City Council Page 9 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat ix. Subdivision review is occurring simultaneously with zoning review of the project. x. Density for the project, at 2.6 units per acre, will be within the allowable density of up to 12 units per acre for the R-2A zoning. b. The proposed project meets the requirements for a Conditional Use Permit in City Code: i. The project is necessary and desirable, considering that the property has sat vacant for many years and this project will meet a market demand; ii. The project will not have adverse impacts on surrounding properties, traffic, utilities or public health; iii. The project allow reasonable development of neighboring properties, and will improve the access condition and development potential of adjacent properties with the new public street being proposed. 4) Preliminary Plat: a. The proposed plat is a unified treatment of the property, providing reasonable lots with access to a new public street, and will provide necessary easements for drainage, utilities and shoreland maintenance. NEXT STEPS The City Council will consider the four zoning applications associated with this development. Upon approval, the City will work with the applicant on a development agreement that meets the conditions of approval prior to City Council action on the final plat. City staff will produce Findings of Fact to reflect City Council action and a code amendment for the rezoning to be acted on at a future City Council meeting. v/JH'I r �?rnrnunii'/ in rri'in1 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE 494, Second Series AN ORDINANCE REZONING CERTAIN PROPERTY FROM B-1 TO R-2A and R3 TO R-2A THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: SECTION 1. City Code Chapter 156, the City's zoning ordinance, is hereby amended by rezoning certain property located within the City of Centerville, County of Anoka, State of Minnesota, and legally described as: FROM B-1 to R-2A Property ID 4: 15-31-22-43-0004(7281 Main Street) LOT 11 AUDITORS SUBDIVISION NO 46 REV BEING PRT OF GOVT LOT 3 SEC 15 TWP 31 R 22 LYG SLY& ELY OF FOL DESC LINE:COM AT WC TO MEAN COR NO 23 ON E LINE OF GOVT LOT 4 SD SEC 15,TH ON AN ASSD BRGOF N ALG SD E LINE, 191.82 FT,TH N 50 DEG 58 MIN W 219.42 FT,TH N 89 DEG 03 MIN W 329.58 FT,TH N 89 DEG 20 MIN 40 SEC W 819.90 FT TO PT OF INTER OF C/L OF CSAH NO 14 WITH E LINE OF SD GOVT LOT 3&POB OF LINE TO BE DESC,TH NWLY ALG SD C/L ON TAN CUR CONC TO N, RADIUS 497.19 FT&CEN ANG OF 22 DEG 44 MIN 40 SEC, 197.37 FT,TH N 66 DEG 36 MIN W,ALG SD C/L, 71.69 FT,TH S 47 DEG 00 MIN W 41FT,+OR-TO SHORELINE OF CENTERVILLE LAKE&THERE TERM FROM R-3 to R-2A Property ID 4: 15-31-22-43-0001(7265 Main Street) LOT 9 AUDITORS SUBDIVISION NO 46 REV BEING PRT OF GOVT LOT 4 SEC 15 TWP 31 RGE 22 DESC AS FOL:COM AT WC TO M C NO 23 ON E LINE OF SD GOVT LOT,TH N ALG SD E LINE 191.82 FT,TH N 50 DEG 58 MIN W219.42 FT,TH N 89 DEG 03 MIN W 329.58 FT TO PT ON C/L OF CSAH NO 14,TH N 89 DEG 20 MIN 40 SEC W ALG SD C/L 1.23 FT TO POB,TH S 32 DEG 30 MIN 26 SEC W 676.23 FT,TH N 56 DEG 58 MIN W 386.16 FT,TH N 63 DEG 58 MIN W 147.09 FT TO W LINE OF SD GOVT LOT,TH N 0 DEG 07 MIN 56 SEC E ALG SD W LINE 304.59 FT TO INTER/W SD C/L,TH S 89 DEG 20 MIN 40 SEC E ALG SD C/L 818.67 FT TO POB SECTION 2. The Zoning Map of the City of Centerville referred to and described in Chapter 156 shall not be republished to show the aforesaid rezoning, but the City Administrator or the City Administrator's designee shall appropriately mark the Zoning Map on file in the City Administrator's office for the purpose of indicating the rezoning provided for in this ordinance and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. SECTION 3. This ordinance shall be effective immediately upon its passage and publication according to law. PASSED AND ADOPTED this 11th day of July, 2018, by the City Council of the City of Centerville. Jeff Paar, Mayor ATTEST: Teresa Bender, City Clerk DRAFT DRAFT DRAFT ------------------------------------------------------------------------- CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA APPROVAL OF CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville hereby grants approval of a CONDITIONAL USE PERMIT to "Grantee:" 2. Site. The permit is for the following plat: BAY VIEW VILLAS,EXCLUDING LOT 10,BLOCK 1 3. Conditions. This permit applies to the following property: a) The Planned Unit Development will be consistent with the Comprehensive Plan once the Amendment has been approved by the Metropolitan Council. b) As the development does not meet specific requirements of the shoreland provisions for setbacks (50-60' from the ordinary high water line) and lot size (10,000 square feet and 62' wide) and must meet the intent of the ordinance to preserve the body of water and shoreline. The shoreland will be preserved by designating a swath of land back from Centerville Lake's ordinary high water line for common HOA ownership (30-foot) deep; Outlot B. Said disturbed areas of Outlot will be landscaped per approved plan. Grading shall minimize vegetation removal protecting the character of the current shoreline and future health of the lake from runoff Units 1, 2 and 3 in Block 1 are in the 100 year floodplain and being mitigated through a separation from Centerville Lake's ordinary high water line within 30-75' of a flood mitigation zone. Units must meet FEMA approval and vacation of St. Paul Regional Water easements. c) Access to the new development will be through a newly constructed roadway with a cul-de-sac ending within the subject development directly from Main Street/CSAH14 and directly across from Peltier Lake Drive. The roadway will meet all Centerville requirements and will provide access from LaValle Drive for five(5)neighboring properties on the east. d) The Final PUD Development Plan shall include a Landscaping Plan provided by a licensed Landscape Architect. e) The Final Plat shall be approved by the City Council f) The developer(s) shall obtain approval of the LaValle Drive access relocation plan from Anoka County. g) The developer shall address all Plan Review comments to the satisfaction of the Centerville Public Works Department, City Engineer and Public Safety Officials. DRAFT DRAFT DRAFT h) Grantee shall secure and file with the City, any permits required by outside agencies. i) Grantee shall be responsible for the continuing conformance with the permit and that if the proposed use is not initiated within six months of this date, the permit shall be void. j) Grantee will follow the applicable standards and requirements of the City of Centerville, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, FEMA, Minnesota DNR, Minnesota Pollution Control Agency, EPA and any other agency having jurisdiction over the property and business activities that are taking place on said property k) The City reserves the right to annually review this permit for compliance with the conditions and may impose additional conditions to mitigate unforeseen problems. 1) The Plat designates building envelopes. Structures may not be constructed outside of these designated areas. 4. This permit is only valid upon recording of the Final Plat of Bay View Villas. Any re-plat of areas covered by this permit shall necessitate a modification to this permit. 5. Compliance with this permit shall be burdened upon the Homeowners Association(s). Dissolution of the Homeowners Association invalidates this permit. FOR THE GRANTEE: Dated: Mr. Richard DeFoe BY: Mr. Richard DeFoe Property Owner DRAFT DRAFT DRAFT STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this day of 2018. by Mr. Richard DeFoe, an individual. Notary Public CITY OF CENTERVILLE BY: Jeff Paar, Mayor Attest: Teresa Bender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this day of 2018. by Jeff Paar, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public Drafted by: City of Centerville 1880 Main Street Centerville, MN 55038 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE 492, SECOND SERIES AN ORDINANCE AMENDING CITY CODE, CHAPTER 91 NOTICE IS HEREBY GIVEN that the City of Centerville City Council will meet on 2018 to discuss amending City Code, Chapter 91, Health and Safety; Nuisance, Open Burning, (91.21 Definitions), Recreational Fire — Lvely pej•� n �!,Irongel2gWng n2 �n�jijtjng (I recrecfflona� l'ire sluffl observean(j coniffl.y atjons- A fire set with approved starter fuel no more than three feet in height, contained within the border of a recreational fire using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans and air quality so that nuisance, health or safety hazards will not be created. F�res sluffl gn .y b�, between tne nours of 4-00 V11], an(I 1-00 a in Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers and propane or natural gas devices are not defined as RECREATIONAL FIRES. No more than one RECREATIONAL FIRE is allowed on any property at one time. Illlli IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Record ID 2958882 2101173 . 003 CITY OF CENTERVILLE ANOKA COUNTY,MINNESOTA APPROVAL OF CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville hereby grants approval of a conditional use permit for: Alex's Lawn and Turf, LLC to operate a landscaping business and subject the conditions of this permit. 2. Property. The permit is for the following described property: 7087-2e Avenue South Lot 1, Block 1 Tower Addition PIN#23-31-22-14-0076 3. Conditions. This permit is issued subject to the following conditions: a) This permit anticipates owner will use the site in conformance with the site plan attached hereto and identified as Exhibit A. b) Applicant will pave with asphalt the front 60 feet of the lot for employee and visitor parking. c) Applicant will pave the balance of the site with clear, 3/ -1 % inch angular lime rock(not crushed)to provide a dust free,but permeable surface. d) Applicant will fence the portion of the property back of the front line of the building with wood privacy fence, except that the easterly portion shall be six foot chain-link with privacy slats. e) Applicant shall provide a movable gate to allow access for the city,its employees and agents to access the water tower and related facilities. f) Applicant shall be permitted to have up to ten bins,installed on asphalt or concrete surface, with open storage of landscape materials in conformance with the site plan, Exhibit A. g) Fertilizers, salt and similar chemicals shall be stored only within the building, or on an asphalt or concrete paved surface and shall be covered with a roof or tarp, in compliance with City Code,when not in active use. Any spilled materials shall be promptly cleaned up and properly disposed of. h) Vehicles with damaged or missing body parts and inoperable vehicles, shall be stored only inside a building. i) No parking of vehicles shall be permitted on the street at any time. j) Applicant may have up to three, 500 gallon tanks for bulk gasoline or other fuels. Fuel tanks shall in all respects comply with the Minnesota State Fire Code and NFPA requirements. There shall be no exterior storage of containers of lubricants or other chemicals. k) Vehicles with leaking oils or other fluids shall be promptly repaired and any spilled oils and fluids shall be immediately cleaned up and properly disposed of. Any spills of fuels or lubricants of more than five gallons, and spills of any toxic chemical of more than one gallon shall be reported within twenty-four hours to the City. 1) The site shall be landscaped and buildings shall be painted in accordance with the application letter dated October 30, 2014. m) Limits on the noise emitted at the property line shall conform to the noise regulations contained in City Code Section 91.09 and the use is subject to other nuisance regulations contained in Chapter 91. n) Landowner and the business operator shall jointly and individually be responsible for the continuing conformance with the permit and that if the proposed use is not initiated within six months of this date, the permit shall be void. o) Grantee will follow the applicable standards and requirements of the City of Centerville, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, FEMA, Minnesota DNR and any other agency having jurisdiction over the property and shall secure and file with the City, any permits required by outside agencies. p) The City reserves the right to annually review this permit for compliance with the conditions and may impose additional conditions to mitigate unforeseen problems. 4. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor. Dated: CITY OF CENTERVILLE C-77. r Tom Wilharber, Mayor Attest: a-•�- Teresa Bender, City Clerk �'~ STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this / day of /V OO P yI,Lr-; 2014. by Tom Wilharber, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public Drafted by: City of Centerville KRIS SWEENEY 1880 Main Street aRY PUBLIC-MINNESOTA Centerville,MN 55038 `' t y C<q"ssion Expires��, 31 �� .......... .._ Sketch is Appro)dmate MOMMONUMMOMMMUM own cc 4 NAM Mir ShopWwehouse 471r � rra aazosf J� aro' 1 soft _T Exclude from sale area of water tower Nagdl Appraise►3 Consu►hng;SM-544411{ www.consgeli mn t g A OKA COV TY MINNESOTA Document No.: 2101173.003 ABSTRACT I hereh,,- certifi that the Nvithin instrument was filed in this office for record on: 02 25 2015 10:27:00 AM Fees Taws In the kinount of 546.00 JONELL M. SAWYER Anoka CountV Property Tal Administrator Recorder Registrar of Titles Deputy Record ID: 2958882 � I IIIIII VIII VIII VIII VIII VIII VIII IIII IIII ° Record ID 2567237 CITY OF CENTERVILLE ANOKA COUNTY,MINNESOTA APPROVAL OF CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein; the City of Centerville hereby grants approval of a conditional use permit for: Request of Chad Buechler and Terry Johnson on behalf of Center Mart, to operate a vehicle and equipment rental business at 1801 Main Street in conjunction with the convenience store/gas station and subject the conditions of this permit. 2. Property. The permit is for the following described property: Lot, 1, James Commercial Addition 3. Conditions. This permit is issued subject to the following conditions: a) Pursuant to City Code, trucks, cars and trailers shall be parked only on paved surface. The number of trucks, cars and trailers parked on the site, which are available for rental or sale, at any one time shall be limited to a total of twelve (12), in combination, of which, no more than two vehicles offered for sale shall be parked on the property. b) Boats and pontoons shall be stored only on paved surfaces. Boats and pontoons available for rental or sale on the site at any one time shall be limited to four (4), in combination. Canoes and kayaks may be stored on grass areas of the property,but not on the boulevard area. Canoes and kayaks shall be carried to paved areas for loading onto vehicles. Kayaks and/or canoes available for rental or sale on the site at any one time shall be limited to twenty-four(24), in combination. c) Landowner and the business operator shall not park vehicles of any kind on the grass areas of the property or adjoining boulevard. d) Landowner and the business operator shall jointly and individually be responsible for the continuing conformance with the permit and that if the proposed use is not initiated within six months of this date, the permit shall be void. e) Grantee will follow the applicable standards and requirements of the City of Centerville, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, FEMA, Minnesota DNR and any other agency having jurisdiction over the property and shall secure and file with the City, any permits required by outside agencies. f) The City reserves the right to annually review this permit for compliance with the conditions and may impose additional conditions to mitigate unforeseen problems. 4. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor. Dated: / 2-6/z CITY OF CENTERVILLE BY: ✓---` Tom Wilharber, Mayor est: Teresa Bender, City Clerk 2 513015 . 004 STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me thisje%ay of ,-tV,, 2012. by Tom Wilharber, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public KRIS SWEENEY NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2015 3 I, Teresa Bender, duly qualified and acting City Clerk for the City of Centerville, Minnesota, do hereby certify that the attached document is an original document of the City of Centerville issuing a Conditional Use Permit to Center Mart and the document is also certified. December 17, 2012 �- Date Teresa Bender, City Clerk State of Minnesota County of Anoka I witnessed Teresa Bender, City Clerk for the City of Centerville place her signature above on this 17'h day of December, 2012. Kris Sweeney, Notry Public a KRIS SWEENEY Drafted by: NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2015 City of Centerville 1880 Main Street Centerville,MN 55038 A Planning & Zoning Commission Report and Recommendation. The Planning&Zoning Commission met on December 4, 2012, to consider a request of Chad Buechler and Terry Johnson on behalf of Center Mart, for a Conditional Use Permit (CUP) to operate a vehicle and equipment rental business at 1801 Main Street, Lot 1, Block 1, James Commercial Addition, City of Centerville. Findings: 1) The Planning and Zoning Commission heard and considered all testimony of interested persons submitted in writing prior to and in person during the public hearing. 2) The proposed use may be operated in the B-1 zoning district subject to a Conditional Use Permit with reasonable conditions. 3) The proposed use is consistent with the Comprehensive Plan. 4) The applicant is willing to conform to conditions in the draft Conditional Use Permit attached hereto. RECOMMENDATION. The Planning Commission finds that the standards for granting a Conditional Use Permit have been met and recommends that the City Council approve the Conditional Use Permit, subject to the conditions contained in the draft CUP attached hereto. December 4, 2012 Planning and Zoning Commission Dallas Larson, Administrator 1 ANOKA COUNTY MINNESOTA Document No.: 513015.00=4 TORRENS I hereby certify that the within instrument was riled in this office for record on: 01-11,2013 12:17:00 PTO FeesiTaxes In the .mount of: $46.00 LARRY W. DALIEN Anoka CountN' Property Tai: AdministratorRecorder'Registrar of Titles AID, Deputy Record ID: 2567237 JANUARY 2018 JULY 2018 2018 S M T F S S M T W T F S 1 2 3 4 5 6 1 2 5 6 7 7 8 9 10 11 12 13 8 9 X101 12 13 14 14 15 16 17 18 19 20 15 16 17 18 19 20 21 pryn��Ul6, 21 22 23 *25 26 27 22 2324 25 i 26 27 28 31 28 29 30 31 29 30 31 FEBRUARY 2018 AUGUST 2018 JEFF PAAR......................................................MAYOR S M T WF S S M T W T F S 1 2 3 1 2 3 4 STEVE KING................................COUNCIL MEMBER D. LOVE........................................COUNCIL MEMBER 4 5 © 7 8 9 10 5 6 0 8 9 10 11 RUSS KOSKI................................COUNCIL MEMBER 11 12 13 14` 15 16 17 12 13 14 15 16 17 18 MATT MONTAIN..........................COUNCIL MEMBER MARK STATZ............ CITY ADMINISTRATOR/ENG. 18 '19 20 21 22 23 24 19 20 21 22 23 24 25 TERESA BENDER...................................CITY CLERK 25 26 27 28' 26 27 28 29 30 31 BRUCE DEJONG..................... FINANCE DIRECTOR KRIS SWEENEY.....................SR.ACCOUNT CLERK PAUL PALZER..........................PUBLIC WORKS DIR. MARCH 2018 SEPTEMBER 2018 DAN SCHMITZ.......................BUILDING INSPECTOR S M T W T F S S M T W T F S TEDD PETERSON............................PUBLIC WORKS 1 2 3 1 JAMES HUISENGA...........................PUBLIC WORKS 4 5 67 8 9 10 2 3 4 5 6 7 8 SPECIAL EVENTS 11 12 13 14 15 16 17 9 10 1112' 13 14 15 JAN.20 .....ICE SKATING PARTY-LAMOTTE PARK FEB.6.............................................................CAUCUSES 18 19 20 21 22 23 24 16 17 18 19 20 21 22 FEB. 10 .... ICE SKATING PARTY/HAYRIDE-LAMOTTE 25 26 27 28' 29 30 31 23 24 25 26 27 28 29 FEB. 17 ...........................LIONS ICE FISHING CONTEST 30 MAR. 11 /NOV 4...DAYLIGHT SAVINGS BEGINS/ENDS APRIL 21..........ANOKA CNTY. FAMILY CELEBRATION AND P&R CLEANUP APRIL 2018 OCTOBER 2018 APRIL 22........................................................EARTH DAY S MT F S S M T F S JUNE 12,19&26...........................MUSIC IN THE PARKS 1 2 3 4 5 6 7 1 2 3 4 5 6 JUNE 8&9...................................GARAGE SALE DAYS 8 9 10 11 12 13 14 7 8 9 (O) 11 12 13 JUNE 16..........8am-12 noon CITY WIDE CLEANUP DAY 21 14 15 16 17 18 19 20 JULY 4..................................P&R TO BE RESCHEDULED 15 16 17 18 19 20 ❑ JULY 10, 17,24, &31....................MUSIC IN THE PARKS 22 23 24 25 26 27 28 21 22 23 24 25 26 27 JULY 20,21, &22.....................................FETE DES LACS 29 30 28 29 30 31 AUG.7....................................................NIGHT TO UNITE AUG. 14..............................PRIMARARY ELECTION DAY SEPT. 15..........................................MOVIE IN THE PARK NOV.6....................................GENERAL ELECTION DAY MAY 2018 NOVEMBER 2018 S MW T F S S M T W T F s CITY COUNCIL MEETING 1 2 3 4 5 1 2 3 PARKS AND REC. COMMITTEE 6 7 8 9 10 11 12 ® 5 6 7 8 9 10 PLAN.AND ZONING COMMISSION 13 14 15 16 17 18 19 11 '12) 13 14` 15 16 17 FIRE DIST. FIRE STEERING-6:30 20 21 22 23'' 24 25 26 18 19 20 21 2 ; 23 24 200 CIVIC HGTS CIRCLE,CIRCLE PINES 27 28 29 30 31 25 26 27 *'29 30 P.D. GOVERNING BOARD- 7:00 54 NORTH RD., CIRCLE PINES HOLIDAY-CITY HALL CLOSED JUNE 2018 DECEMBER 2018 ECONOMIC DEVELOPMENT S M T W T F S S M T W T F S ❑ AUTHORITY MEETING 1 2 1 ❑ SPECIAL EVENTS 3 45 6 7 ® 9❑ 2 3 <> 5 6 7 8 NOTE: All meetings begin at 6:30 pm at City Hall unless 10 11 12 13 14 15 16 9 10 11 C12 13 14 15 posted otherwise. Meeting scheduled dates and 17 18 19 20 21 22 23 16 17 18 19 20 21 22 times are subject to change. 24 25 g*28 29 30 23 24 27 28 29 ��, S tanteic 30 31 Iid (651) 636-4600 www.stantec.c®m I:\616\616G EN\cad\dwg\616COLORCAL-2018 INFORMATION MEMO LEAGUETA Land Use Conditional Use Permits MINNESO CITIES Learn the basics of conditional use permits (CUPS) in administering the city's land use ordinances. Define conditional use permits,for what purposes they may be granted; learn who grants them and procedural considerations for public hearings and the role of neighborhood opinion. Understand expiration dates, time limits and revocation of CUPS. RELEVANT LINKS: I. Conditional use A conditional use is a land use designated in a zoning ordinance that is specifically allowed in a zoning district so long as certain standards are met. The zoning ordinance typically detail both general standards that apply to all conditional uses, as well as specific standards that apply to a particular conditional use in a given zoning district. A use is typically designated in a zoning ordinance as conditional because of hazards inherent in the use itself or because of special problems that its proposed location may present. For example, uses that generate traffic such as family childcare, service stations, convenience stores, or drive-thrus are often designated as conditional uses. II. Conditional use permit (CUP) A conditional use permit is a document a city issues to grant a conditional use when the general and specific ordinance standards have been met by the applicant. The use is allowed by permit only if the special concerns are addressed as set forth in the zoning ordinance. Conditional use permits are Minn. �5tat.§X462.3595. authorized under state law. A. General CUP standards A zoning ordinance will typically detail general standards that apply to all conditional uses. For example, some zoning ordinances provide that all conditional uses must conform to the comprehensive land use plan of the community, be compatible with the adjoining properties, and be served by adequate roads and public utilities. This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice concerning specific situations. 145 University Ave.West www.Vmc.org 11/15/2017 Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 ©2017 All Rights Reserved RELEVANT LINKS: B. Specific CUP standards In addition to general CUP standards, many zoning ordinances will detail specific standards that apply to a particular conditional use, such as those made for businesses operating a drive-thru. Conditions for such uses may include specific standards regarding things like off-street parking and loading areas, landscaping and site plan, and hours of business operation. III. Granting conditional use permits Generally, CUPs are granted only for uses specifically listed in the zoning ordinance as conditional uses in a particular zoning district. If a use is not designated as a conditional use in a zoning district, then arguably the city has no ability to issue a CUP without first amending the zoning ordinance to provide for the conditional use. This would of course allow other applicants to apply for a conditional use permit under the same standards. A. Who grants See section Iv,Public A CUP is typically approved by the city council. Planning commissions hearings. often first consider the CUP application and make recommendations to the city council. State statute allows the city council to designate its CUP approval to another authority, and some cities have designated the planning commission as the approving body. In any event, the city council is generally makes the final decision on CUPs. B. Required approval If a proposed conditional use satisfies both the general and specific standards set forth in the zoning ordinance, the applicant is entitled to the conditional use permit. Importantly, if the applicant meets the general and specific ordinance standards, the city usually has no legal basis for denying the CUP. C. Time limits Minn. Stat.§ ls.99. A written request for a CUP 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 considered an approval. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Conditional Use Permits Page 2 RELEVANT LINKS: D. Other conditions on permits 1. Permitted Reasonable conditions relating to the ordinance standards may be attached to a CUP based upon factual evidence contained in public record. For example, if a zoning ordinance provides that a conditional use should not have adverse visual or noise impacts on any adjacent property, a city might require specific screening and landscaping conditions to address any potential impacts established in the record. 2. Not permitted Minn. Stat.§462.3595,subd. State statute provides that a CUP remains in effect as long as the conditions . A.G.Op.59-A-32(February agreed upon are observed. The attorney general has found that time limits 27,]990). such as sunset provisions or automatic annual review are not consistent with state law, explaining that cities may not enact or enforce provisions that allow a city to terminate CUPs without regard to whether or not the conditions agreed upon are observed. If a city wishes to place time constraints on particular uses, then the appropriate zoning tool is an interim use permit, rather than a conditional Minn. Stat.§462.3597. use permit. State law authorizes interim use permits for a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. IV. Public hearings Minn. Stat.§462.3595,subd. A proposed conditional use is allowed only after a statutorily required public 2. Minn. Stat.§462.357,subd. hearing. The city must provide published notice of the time,place, and 3. purpose of the hearing on a proposed CUP at least 10 days prior to the day LMC information memo, of the hearing. If the decision affects an area of five acres or less, the city Aming 6'wdef w Clow, may need to mail notice to property owners within a 350-foot radius of the Section V-C-2-b on conducting public bearings. land in question. The purpose of the public hearing is to help develop a factual record as to whether the applicant meets the relevant ordinance standards such that the CUP should be granted. A. City role in hearing A city exercises so-called"quasi-judicial" authority when considering a CUP application. This means that the city's role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards. If the applicant meets the standards, then the CUP should be granted. In contrast, when the city in zoning ordinance designates certain uses as conditional, the city is exercising "legislative" authority and has much broader discretion. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Conditional Use Permits Page 3 RELEVANT LINKS: B. Role of neighborhood opinion Neighborhood opinion alone is not a valid basis for granting or denying a CUP. While city officials may feel their decision should reflect the overall preferences of residents, their task is limited to evaluating how the CUP application meets the ordinance standards. Residents can often provide important facts to help the city address whether the application meets the standards, but unsubstantiated opinions and reactions to an application do not form a legitimate basis for a CUP decision. If neighborhood opinion serves as the sole basis of the decision, it could be overturned by a court if challenged. C. Documentation of hearing See LMC information memo, Whatever the decision, a city should create a record that will support it. If a 1aklng the M.Iveiy ont of a lncjlr, 5 ell act. city denies a CUP application, the 60-day rule requires the reasons for the denial be put in writing. Even if a city approves a CUP, a written statement explaining the decision is advisable. The written statement explaining the decision should address the general and specific ordinance standards, and explain the relevant facts and conclusions. V. Conditional use permit after issuance Minn. Stat.§462.3595,surd. A conditional use permit 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. Minn.Stat.§462.3595,surd. State statute requires that CUPs be recorded with the county recorder's 4. office. When the property is sold, the new landowner will have the continued right to the CUP so long as the conditions are met. A city can revoke a conditional use permit if there is not substantial compliance with conditions, so long as the revocation is based upon factual evidence, after appropriate notice and hearing. Because a CUP is a property right, a city should work closely with the city attorney if considering a CUP revocation. VI. Further assistance Jed Burkett LMCIT offers land use consultations, training and information to members. 651.281.1247 jbmkett(aLme.org Contact the League's Loss Control Land Use Attorney for assistance. You G.eayue ol'NGirnrnesota Cities. can also learn more about land use issues in the land use section of the League's website. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Conditional Use Permits Page 4