HomeMy WebLinkAbout2018-07-31 P & Z Packet CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
MEETING AGENDA
� to v1, Tuesday, hily 31, 20,18
I. CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. AWARDS, PRESENTATIONS,APPEARANCES
1. Informal Review of Proposed Fence at 1721 Heritage Street(continued from last meeting)
V. PUBLIC HEARINGS
1. Old Mill Estates
a. Preliminary Plat
b. Conditional Use Permit for a Planned Unit Development
c. Rezoning
VI. OLD BUSINESS
1. None
VII. NEW BUSINESS
1. Old Mill Estates
a. Preliminary Plat
b. Conditional Use Permit for a Planned Unit Development
c. Rezoning
2. Consider Code Amendment to Chapter 153.2 (Street)
3. Consider Code Amendment to Chapter 156.122 (Yards)
VIII. APPROVAL OF MINUTES
1. Planning & Zoning Commission June 5, 2018 Meeting Minutes
2. Planning & Zoning Commission July 10, 2018 Meeting Minutes
IX. ANNOUNCEMENTS/UPDATES
1. Council Member Liaison
X. ADJOURNMENT
*REMINDERS**
N innings & Zoning Coininission . hes(],iy, Septeniber 4, 2018 6.30 p in. City p kffl
City Coir ncip Meeting We(I es(l iy, Aig ii st 8, 201 6-30 p in City p p ffl
City CouncH Meeting Wednesday, August 22, 2018 6-30 p in City I klH
Recychng Saturdays- Q-00 a in 12-00 p in (Green Lights Recychng, 1525 Ql)"" Lane N L, , Iflaine)
August 11, SeptemberS, October 13, November 10 &, DecemberS, 2018
Informal Review of 1721 Heritage Street
Resident would like to construct a fence as shown by the dotted line. The ordinance (below)
would allow what is in the solid blue line.
§ 156.111 FENCES AND SPECIAL PRIVACY SCREENING.
(A)General regulations.
(1) All fences shall be located a minimum of two feet from any property line of the fence
owner unless the owner of the adjoining property agrees, in writing, that the fence may be
erected on the property line of the respective properties. This agreement shall be
submitted at the time of building permit application.
(a) Fences shall be located a minimum of two feet from a property line adjoining
a street right of way and may not be located in any drainage or utility easement
except where permission has been granted by the City through an encroachment
agreement.
(b)No fence other than a decorative fence may be constructed in a front yard. As
used herein, the term DECORATIVE FENCE means a wrought iron fence, wood
or vinyl vertical post and wood horizontal rail fence with no more than three rails
or a wood or vinyl picket type fence with at least two inches of open space
between each picket. All decorative fences shall have at least 40% of the surface
area of the fence open.
(2)No residential fence may exceed six feet in height and no decorative fence in the front
yard may exceed 36 inches in height.
(a) Where a corner lot abuts an adjacent property's front yard, the fence shall be
set back a minimum of 10 feet from the adjoining property line, unless the fence
is a decorative fence not exceeding three feet in height.
(b) Residential corner lots shall only have one front yard for the purpose of fences
and that shall be the side that has the front entrance to the home.
(c) In no event shall any fence be closer than fifteen feet to a curb or street
pavement.
(d) Any fence that is not a decorative fence shall be set back behind a line
between a point ten feet behind the outermost front corner of the principal
structure and the nearest point on the adjoining side property line.
CITY OF CENTERVILLE REQUEST
FOR COMMISSION ACTION
o;
(e,
Agenda Item# Department: Requested Meeting Date:
Planning 7/31/2018
TITLE OF ISSUE:
Old Mill Estates Preliminary Plat
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Attached,please find the submitted Preliminary Plat(grading plan, utility plan and storwater pollution
prevention plan (SWPPP)), and planning memorandum, including an alternative layout sketch.
COST AND SOURCE(S) OF FUNDING:
No cost
REQUESTED ACTION:
Staffs recommendation is to table action on the application to address concerns with the development's layout.
We encourage the commission to take public comment on the proposal and to engage in discussion on the
submittal. The public hearing could be held open and continued at the next meeting.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
X
Vote Record: Ave Nay
� ] Mosher Other(specify) Planning Review Memo w/alternate concept
Haiden
Twohy sketch
Ganzel
Broussard Vickers
Olson
Fehrenbacher Refer to:
Consent Tabled Until:
Regular Other:
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2335 Highway 36 West, St. Paul MN 55113
Memorandum
DATE: July 31, 2018
TO: Centerville Planning and Zoning Commission
FROM: Phil Carlson, AICP; and Beth Elliott, AICP, Stantec
RE: Old Mill Estates - Preliminary Plat and Rezoning
BACKGROUND
IIKIIIIIITodd Christensen and Jim MacKinnon have submitted /
an application for a preliminary plat and rezoning fora m!/ III
residential project to be called Old Mill Estates. The
proposal subdivides two parcels into 34 single-family
lots at 7384 and 7396 Old Mill Road. The subject
property is approximately 20 acres on the northern �1r.
WW9"
border of Centerville and is surrounded by existing
residential to the west and south and the potential for
residential to the east and north. Acorn Creek Park
abuts the property on the southeast corner. The
northern boundary is the City limits with Lino Lakes.
The applicant also submitted an application for a Planned Unit Development as a means to
address any non-conformities with the R2A zoning, present in the two easterly proposed lots.
City staff and consultants have discussed this application at some length with the applicant and
among ourselves, and are recommending the project not be supported as submitted. We have
discussed potential changes with the applicant and believe we can reach an agreement as to
how best to proceed. For that reason, we recommend the Planning Commission hold the public
hearing, but keep the hearing open and continue the item to the September 4, 2018 Planning
and Zoning Commission meeting where we can review a new plan.
We discuss planning and zoning issues below, and analyze the project as submitted.
le"'If;),I \offlh II rnln i
July 31, 2018
Centerville Planning &Zoning Commission
Page 2 of 5
Old Mill Estates-Preliminary Plat and Rezoning
PLANNING ISSUES DISCUSSION
1) Comprehensive Plan and
Zoning. In the 2030 "" "" " g ""
7396
Comprehensive Plan, the
property is guided Low �� r 384 ,G, R
Density Residential. The - '
a � u
Existing Growth %, "`
PoAuaar�w CA'NremWWt'P WA'idl+¢MMp6o�
� � �Illlll�lll�lf ww uaa R 0
Management Plan identifiesIM
og � w
area of chae parcelsin epo tran�saition %� �
R
away from its agricultural OWN Aw.,fo
context to Low Density
Residential.
The property is zoned R 1
which allows for one single-
family lot per 10 acres. It is 7396
bounded by R5 to the south,
R1 to the east (potentially 7384
tso
R2A with a PUD), and R2 a „
across Old Mill Road to the
west. ,�' M., " , ' °P / ;�ry, �,r��` ""; »✓'��m ,
N ?
The proposed rezoning from ;tj `
R1 to R2A is consistent withr� ar�m,
.F,mma'
the comprehensive plan, as
R2A and the proposed ,
layout represent a low
� r
x�
density land use.
2) Application requirements
a. Preliminary Plat
The applicant is requesting approval of a Preliminary Plat for 34 single-family
residential properties. New Street A connects to Old Mill Road and ends in a cul-
de-sac and new Street B connects to Old Mill Road and Revoir Street to the south.
There are two "remote" lots proposed on the east side of the project that would
need access by a private drive or private street.
b. Rezoning
The applicant is requesting approval to rezone the properties from R1 Rural
Residential to R2A Single Family Residential. All lots meet the minimum of 11,500
square feet and 80-foot width. The property is about 19 acres total, of which 5 are
wetland, leaving 14 acres net. 34 lots = 2.4 units/acre.
c. Planned Unit Development
wfflh r„ �?rnrnunii,/ in rrfirrl
July 31, 2018
Centerville Planning &Zoning Commission
Page 3 of 5
Old Mill Estates-Preliminary Plat and Rezoning
The applicant is requesting a planned unit development to accommodate the
non-conformities that may exist with the proposed "remote" lots on the east side of
the development and to allow a private drive. It is unclear as to whether or not the
application is meant to apply the PUD to the entire development or to just the two
remote lots. Staff does not see that it would be appropriate to place the entire
development under a PUD. However, PUD rules require more than two homes for
the use of a PUD.
3) Street layout
a. As proposed,
Street A is a
720-foot long
cul-de-sac °
that connects ` ;
from Old Mill
Road and runs
east-west
1 ,
through the
development. j/19, ,,mesV y'ti4
Street B also
begins from
Old Mill Road IJ
and connects
to the existing Revoir Street cul-de-sac to the south.
b. Street B's layout also creates a long, straight block,which is addressed in the code
under Chapter 153.18 "The length of any block shall not exceed 620 feet".
4) Trail/sidewalk connections
ii oirovl�i�i�oi�v�a�r�Uo��iriviol�im�Jwyi�l�11JyPly), I�J�J�� �D)➢
a. An existing sidewalk runs along
Old Mill Road from Revoir Street
p
and ends at the southern edge
of the proposed development's
property line. The plat does not
provide a level of detail to �� 1
identify sidewalks on the two
new streets.
b. A trail or sidewalk through the
development that connects to
Acorn Creek Park would be
desirable. Encouraging active modes of transportation can reduce car traffic
impacts while traveling to existing nearby community amenities. The two existing
residential developments bordering the park are connected to it via a trail or
sidewalk.
wiir',r„ �?rnrnunii,/ in rrfirrl
July 31, 2018
Centerville Planning &Zoning Commission
Page 4 of 5
Old Mill Estates-Preliminary Plat and Rezoning
c. Extending the sidewalk connection on the east side of Old Mill Road would be
preferable. While this too would dead end on the northern boundary of the
development, the land to the north is developable and could eventually extend
the Old Mill Road sidewalk further north to Peltier Lake in Lino Lakes. A connected
sidewalk would allow Old Mill Estates residents to walk south to Main Street,
Centerville Road, and Centerville Elementary School.
5) Two eastern lots
a. A concern is how to approve and serve the "remote" eastern lots.They pose a
challenge for access for fire and emergency vehicles, being so far from the public
street. The cul-de-sac of Street A is 720' long, but the distance out to the furthest lot
is over 1,400', well beyond the maximum of 800' for a cul-de-sac in the City's
Subdivision Code.
b. Also in the Subdivision Code there is a requirement that "every lot shall be provided
with access adequate for the use of public safety vehicles and other public and
private purposes and shall be served by a public or private street system, improved
in accordance with the chapter and connection to the general street system." The
private drive shown on the proposed plan does not meet City standards, nor do
those lots have the minimum 80' frontage.
c. The remote lots will also require significant cost and effort to serve with utilities.
These issues are discussed in our recommendation below.
6) Drainage plan
a. Wetlands-The inventory identifies a significant area of wetlands in the
northeastern and eastern portions of the development area. A narrow strip of
wetland exists in the far northwestern corner and another is in the middle of the site
where Street B turns south to connect to Revoir Street. The preliminary plat
proposes four areas of wetland fill totaling 13,125 square feet, or 0.3 acres.
b. Drainage -The proposed development includes a long narrow stormwater pond in
the center of the site to capture runoff throughout the development. A small pond
is included in the northwest corner. Drainage swales between each lot direct
water away from wetlands and the residential development south of the site.
REVISED CONCEPT
There are two related issues that we feel are essential for development of this property:
1) The internal streets should connect the whole development, providing a network and
offering choices, vs. two separate streets off Old Mill Road.
2) For public safety, the length of the cul-de-sac should be reduced, and provide a second
access to the remote eastern lots.
wfflh r„ �?rnrnunii,/ in rrfirrl
July 31, 2018
Centerville Planning &Zoning Commission
Page 5 of 5
Old Mill Estates-Preliminary Plat and Rezoning
These two issues can be resolved with a plan that might look like the attached concept sketch,
with these features:
• Streets A and B are connected with new street through the middle of the project
• This reduces the length of the cul-de-sac on Street A from 720' to 250'.
• A private drive for emergency access around the east side connecting to Street B corner.
• A third lot is proposed in the remote area on east side.
• Distance to furthest home-from cul-de-sac or private drive-reduced 1,400' to 750'.
• Sidewalk/trail connections to Acorn Creek Park without going out to Old Mill Road.
• Adheres to lot width, lot size and setback standards in the Zoning Code, without a PUD.
The key to approving a plan like this is adhering to the street standards in the Code. Currently, the
"public or private street system" serving the project needs to meet City standards,which call for
32'-wide streets within a 60'-wide right-of-way.There are no explicit standards for private streets.
The Planning Commission could recommend that the City Council amend the Code to allow
private streets 20' wide serving no more than five lots, providing all other standards are met.
The situation with this property is unique in that there is a sizable area of usable land, but little
practical way to use it without some change in the standards. Rather than going to a PUD or
variance, we suggest the Code be clarified as to when and how private streets can be used for
this type of situation.
RECOMMENDATIONS
We recommend that the Planning and Zoning Commission:
1) Hold the public hearing as noticed on the project being proposed.
2) Leave the public hearing open and continue the preliminary plat and rezoning requests for
Old Mill Estates to the next Planning Commission meeting so staff can work with the
developer to resolve concerns related to the preliminary plat.
NEXT STEPS
If the Planning Commission does not wish to approve the plat, as proposed,we will work with the
developer to resolve the issues described above. The preliminary plat and rezoning for Old Mill
Estates could return to the Planning and Zoning Commission on Tuesday, September 4 for potential
action.
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PROPOSED CODE CHANGES TO ACCOMMODATE PRIVATE STREETS
§ 153.20 STREET.
(A)No plat shall be approved unless all streets shown thereon shall be of sufficient width and shall be so
located as to accommodate the probable volume of traffic thereon, afford adequate light and air,
facilitate fire protection,provide access of fire-fighting equipment to buildings, and provide a
coordinated system of streets conforming to the city street plan.
(B)In addition, the street design must meet the following requirements:
(1) In the case of subdivisions for commercial, industrial and public purposes, no street giving
access upon a major street shall be located closer than 500 feet, along the same side of a major
street, to any other driveway, public or private street in the same or another subdivision;
(2) Local streets shall be so planned as to discourage through traffic;
(3) Cul-de-sacs, when used, shall be held to as short a distance as possible between the origin or
main street and the end of the cul-de-sac. Each cul-de-sac shall have a terminus of nearly
circular shape and be a maximum allowable length of 800 feet;
(4) The use of half-width streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations
and the overall plan of the neighborhood in which the plat is situated. Wherever a half-street is
adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract;
(5) Reserve strips controlling access to streets are prohibited;
(6) The minimum distance between centerlines of parallel or approximately parallel streets
intersecting a cross-street from opposite directions shall be 150 feet;
(7) Intersections of more than two streets at one point shall be avoided;
(8) Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac
arrangement;
(9) Right-of-way requirements may be increased for specific thoroughfares if existing or anticipated
traffic flow warrants it, or if drainage easements parallel the thoroughfares. The increased width
will be set by the City Council under the advisement of the Planning and Zoning Commission
and City Engineer.
(10) Minimum right-of-way widths,paving widths, angle of intersection, curb radius,
horizontal alignments, vertical alignments as well as maximum grades shall be in accordance
with the following table:
Street Design Standards
Arterial Collector Local Cul-de-sac P I�°iv,11 c sl i gel:
Right-of-Way 120 feet 66 feet 60 feet 60-foot radius 1 ol: Pc 1�jjivcc.
Paving Width' 52 feet 36 feet 32 feet 46-foot radius 4 f ccI
Maximum Grade 5% 8%
Minimum Angle to 90 degrees 90 degrees 70 degrees 70 degrees 0 c1 G �°u G „
Intersection
orizontal
Ah gement ��. S..lalbpG �...i�r '11212�11��ov l of 1�....1 uta&u11„C G 11.�.
(Minimum Radius
of Center Line)
ertical curves 150 feet 200 feet 100 feet
(Minimum Sight
Distance)
( out c u c l c (
( GallILci,
NOTES TO TABLE:
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CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regula
meeting on Tuesday, June 5, 2018 at 6:30 p.m. p
PRESENT: Chairperson Darrin Mosher
Commissioner Linda Broussard Vickers
Commissioner Mark Haiden
Commissioner Kim Ganzel
Commissioner Nick Twohy
Commissioner Ben Fehrenbacher
Commissioner Darrell (DJ) Olson, Jr.
ABSENT: None
STAFF: City Administrator/Engineer Mark Statz
OTHERS PRESENT: City Council Liaison Russ Koski
Planning Consultant—Eric Maass —WSB
Planning Consultant—Phil Carlson - Stantec
L CALL TO ORDER. The meeting was called to order at 6:30 p.m. by Chair Mosher.
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to
Approve the Agenda as presented. All in favor. Motion carried.
IV. AWARDS, PRESENTATIONS,APPEARANCES
1. None
V. PUBLIC HEARING/INPUT
1. Draft 2040 Comprehensive Plan
Mr. Maass from WSB presented a summary of the Comprehensive Plan and the process by
which it has been drafted, to date. The Commission was asked for any comments on the
plan. There were none noted. Chairman Mosher then opened the public hearing and called
for any comments from the audience. Hearing no comments from the public, the Chair
called for a motion to close the public hearing.
Page 1 of 4
City of Centerville
Planning and Zoning Commission
June 5,2018
Motion by Commissioner Broussard Vickers, seconded by Commissioner
Fehrenbacher to close the public hearing for the 2040 Comprehensive Plan. All in
favor. Motion carried.
2. Bay View Villas; Comp Plan Amendment, Rezoning, Preliminary Plat and
Conditional Use Permit for a Planned Unit Development
Phil Carlson, from Stantec, the city's planning consultant, outlined the various zoning
applications in front of the commission, related to the proposed Bay View Villas
development. Chairman Moser then opened the public hearing and called for comments
from the audience. The following comments were heard:
Erik Marhsal - 7230 and 7216 LaValle Drive - Overall, supports the development, but
wished to ensure access to his properties are maintained.
Frank Zimney - 7252 LaValle Drive - Overall, supports the development. Concerned with
alignment of his driveway and would like to see Outlot A be smaller to accommodate a
straighter alignment for it.
Kathy LaValle - 7242 LaValle Drive - Would like to make sure their address remains the
same. Also, wants to have the developer pay for sewer and water stubs, driveway
extensions and private utility relocations (gas, electric, cable TV,phone).
Christopher Loomis - 7248 LaValle Drive - Commented on planning review memo,
comment number 9.
Nick Sindt - 7268 Mound Court- Questions regarding density of development.
Hal Wagner - 1525 Peltier Lake Drive - Concerned with safety if a dock was proposed on
the north side of PLD.
Developer, Jim Boo, was also on hand and offered additional comments.
Hearing no further comments, the chair called for a motion to close the public hearing.
Motion by Commissioner Broussard Vickers, seconded by Commissioner
Fehrenbacher to close the public hearing for various zoning applications related to
Bay View Villas. All in favor. Motion carried.
Considerable discussion ensued regarding shoreline treatments, common areas,
homeowners associations, access to the lakefront for upland homes, setbacks, issues of
access and utility stubs for LaValle Drive residents, and other such topics.
VI. OLD BUSINESS
1. Draft Comprehensive Plan
Page 2 of 4
City of Centerville
Planning and Zoning Commission
June 5,2018
A brief discussion of the next steps was presented. The plan is now ready for final
approval and distribution to surrounding jurisdictions.
Motion by Commissioner Fehrenbacher seconded by Commissioner Olson, to
recommend approval of the 2040 Comprehensive Plan for submittal to surrounding
jurisdictions. All in favor. Motion carried.
VII. NEW BUSINESS
1. Bay View Villas
The commission reviewed the preliminary plat and considered the input heard at the public
hearing.
Motion by Commissioner Brussard Vickers seconded by Commissioner Haiden, to
recommend approval of the Preliminary Plat of Bay View Villas, subiect to conditions
as outlined in the planning memo and modified during the meeting (see below). All in
favor. Motion carried.
Conditions of above Motion as revised at the meeting:
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.
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.
3) The Final PUD Development Plan shall include a Landscaping Plan.
4) The Final Plat shall be approved by the City Council.
5) The developer shall complete the required FEMA floodplain approval process and
work with the St. Paul Regional Water Services on the necessary easement vacation.
6) The developer shall obtain approval of the LaValle Drive access relocation plan from
Anoka County.
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.
8) The developer shall address all comments of the Centerville Public Works
Department, City Engineer, and Public Safety officials to their satisfaction.
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.
2. Driveway Regulations (City Code 156.166 Parking Requirements)
Item was tabled due to lack of time. No formal action was taken.
Page 3 of 4
City of Centerville
Planning and Zoning Commission
June 5,2018
3. Review Possible Change for July 3, 2018 Regular Meeting
The commission reviewed the schedule and took action to move the date of their regular
meeting back one week.
Motion by Commissioner Haiden seconded by Commissioner Twohv, to move the
regular meeting of the commission from July 3, 2018 to July 10, 2018. All in favor.
Motion carried.
IV. APPROVAL OF MINUTES
1. May 1, 2018, Planning & Zoning Commission Meeting Minutes
Motion by Commissioner Broussard Vickers, seconded by Commissioner Twohv to
Approve the Minutes. All in favor. Motion Carried.
VIII. ANNOUNCEMENTS
Administrator Statz provided a few informal updates on various projects:
VIII. ADJOURNMENT
Motion by Commissioner Broussard Vickers, seconded by Commissioner Olson to Adiourn
the Regularly Scheduled Planning & Zoning Commission Meeting at 8:55 p.m. All in favor.
Motion carried.
Respectfully submitted, City Administrator/Engineer Mark R. Statz
Page 4 of 4
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regula
meeting on Tuesday, July 10, 2018 at 6:30 p.m. a 0''
PRESENT: Chairperson Darrin Mosher
Commissioner Linda Broussard Vickers '
Commissioner Mark Haiden
Commissioner Kim Ganzel
Commissioner Darrell (DJ) Olson, Jr.
ABSENT: Commissioner Nick Twohy
Commissioner Ben Fehrenbacher
STAFF: City Administrator/Engineer Mark Statz
OTHERS PRESENT: City Council Liaison Russ Koski
L CALL TO ORDER. The meeting was called to order at 6:31 p.m. by Chair Mosher.
1. Roll Call
a. Twohy and Fehrenbacher absent
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
Motion by Commissioner Mosher, seconded by Commissioner Broussard Vickers to
Approve the Agenda as presented. All in favor. Motion carried.
IV. AWARDS, PRESENTATIONS,APPEARANCES
1. Informal Review, 7112 Brian Drive—Location of Shed/Variance?
Mr. David Grainer, of 7112 Brian Drive appeared before the commission, seeking an
informal opinion of whether or not he might be granted a variance to place a shed a few
feet into what would be his side yard. The commission discussed other options for the
location of his shed and the possibility of getting a smaller shed. Mr. Grainer explained
the difficulties with the other location options, including the interference with a tree for
one of the options. He also discussed why he was seeking the size shed he proposed. The
commission explained the rarity of variances granted. Some commissioners seemed to
support the variance because of the lack of other viable locations, the fact that the shed
would be behind a fence, the lack of a neighbor on the side affected, and the small footage
of encroachment involved. Others did not seem to support it due to the ability to stay
within the code by having a smaller shed.
Page 1 of 5
City of Centerville
Planning and Zoning Commission
July 10,2018
Administrator Statz proposed the idea of a code amendment to allow sheds in side yards if
behind a conforming privacy fence. Perhaps further restrictions might also involve
provisions regarding side lots.
Mr. Gramer will decide whether or not to pursue a variance application and Mr. Statz will
bring forth proposed code language change for consideration.
The following item was handled after New Business:
Mr. Ed Szulim of 1721 Heritage Street appeared before the Commission for an informal
review of a proposed fence. Mr. Szulim's lot is unusual because it is on a corner, with the
home facing the long side of the lot, not the narrower side. This leaves him with nearly no
backyard whatsoever. The side yard to his west is spacious enough for a fenced-in area but
code does not allow this. Mr. Szulim was seeking the Commissions informal thoughts on
what could be done to achieve his goals of having a reasonable fenced-in area. The
Commission understood his plight and thought the use seemed reasonable, but were unsure
if the code would allow it and had mixed thoughts on whether or not the situation would
lend itself to a variance.
Mr. Szulim will consult with city staff and decide on a course of action. City staff will
review, closely the ordinance language and see if any code language changes may be
appropriate to bring forth.
V. PUBLIC HEARING/INPUT
1. Request for a variance, 1965 S. Robin Lane
Mr. and Mrs. Doug and Judy Cruz appeared before the commission to request a variance to
the side yard setback for a driveway at 1965 South Robin Lane.
Administrator Statz gave an overview of the application.
Motion by Commissioner Mosher, seconded by Commissioner Broussard Vickers to
open the public hearing for a Variance at 1965 S. Robin Lane. All in favor. Motion
carried. The Public Hearing was opened at 7:08.
Mr. Cruz spoke about the proposed driveway, the fact that a building permit had already
been issued for the construction of a garage in the rear of the home, and his intent to
simply build a minimum width driveway to get to the garage.
The Chair asked if there were any members of the public wishing to speak. No comments
were given.
Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to
close the public hearing for a Variance at 1965 S. Robin Lane. All in favor. Motion
carried. The Public Hearing was closed at 7:09.
Page 2 of 5
City of Centerville
Planning and Zoning Commission
July 10,2018
VI. OLD BUSINESS
1. Conditional Use Permit for a Planned Unit Development, Rezoning and
Comprehensive Plan Amendment—Bay View Villas
a. Findings of Fact
b. Ordinance#94, Rezoning of Certain Properties
c. Draft Conditional Use Permit
Administrator Statz reviewed the proposed development and reminded the Commission
that they had recommended approval of a preliminary plat at the last meeting. The items
on this agenda were to consider recommending adoption of three documents, which were
not fully prepared at the last meeting.
Mr. Statz stated that there were three changes to the proposed development since the last
time it was in front of the commission. Those were:
• Addition of an access trail to Centerville Lake for the 9 interior lots
• Change of the 30-feet-wide strip along the lake from common lot to easement.
• Agreement with adjacent homeowners as to driveway configuration and financial
responsibility for portions of that construction.
Jim Boo, the developer of the proposed plat, was present and discussed the reasons for the
changes, mostly due to requests from the builders looking at the development and offering
their thoughts on the sale-ability of the lots as proposed.
Commissioners voiced their concerns with the access trail and associated dock, wanting to
understand the management of that dock; would it be protected from public access, how
many boats could be docked on it, etc. Mr. Boo told the commission that the dock would
be managed by the association and that its primary purpose would be as a "tie-up" dock
and that boats would not be allowed overnight.
The commission found the change to the 30-feet-wide strip to be acceptable as long as the
goals of protecting the lake and aesthetic concerns were addressed.
Discussion regarding the LaValle Drive driveway and utility configurations was had. All
of the residents adjacent to LaValle Drive were present and were in general agreement with
what is now proposed. The developer will construct driveways up to the property line at
his own cost. The remaining work to finish the driveway connection and abandon LaValle
Drive is at the discretion and expense of the homeowners. The developer and city will
work with those residents to help facilitate driveway construction and utility relocation or
abandonment, leveraging the contractors who would already be on site for the
development.
Motion by Commissioner Broussard Vickers, seconded by Commissioner Mosher, to
recommend approval of the Findings of Fact, as presented. All in favor. Motion
carried.
Page 3 of 5
City of Centerville
Planning and Zoning Commission
July 10,2018
Motion by Commissioner Broussard Vickers, seconded by Commissioner Mosher, to
recommend approval of Ordinance#94, Rezoning, as presented. All in favor. Motion
carried.
Motion by Commissioner Ganzel, seconded by Commissioner Broussard Vickers, to
recommend approval of the Draft Conditional Use Permit, as presented. All in favor.
Motion carried.
VII. NEW BUSINESS
The following item was handled out of order, immediately after the public hearing.
1. Request for Variance—1965 South Robin Lane
Discussion ensued among the commissioners regarding the building permit being issued,
the lack of a residential neighbor (the driveway would be adjacent to a park), the
neighboring properties having similar garage and driveway configurations, and the
narrowness of this lot compared to others, as the pie-shaped line at the corner squeezes the
frontage.
Motion by Commissioner Haiden seconded by Commissioner Broussard Vickers, to
recommend approval of a variance for driveway setback at 1965 South Robin Lane,
finding that the request met statutory requirements for a variance by being a
reasonable use, not affecting the essential character of the neighborhood and not
being created by the applicant. Specifically, facts contributing to the
recommendation include: the issuance, by the city, of a building permit for the
garage, the park as a neighbor, the minimum width driveway being requested and the
"pinch point" nature of the encroachment. All in favor. Motion carried.
2. Review Possible Change for August and November Regular Meetings
The commission reviewed the schedule and took action to move the date of their regular
meetings.
Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden, to
move the regular August meeting to July 31, 2018 and the regular November meeting
to November 13, 2018. All in favor. Motion carried.
3. Code Amendment to Chapter #91.20, Recreational Fires
Discussion included a variety of opinions on the matter, with some commissioners in favor
of a change to the ordinance to allow for easier enforcement of perpetual burning. Others
did not want to impede responsible citizens from having a legal fire at any time they
wished. No official action was taken.
Page 4 of 5
City of Centerville
Planning and Zoning Commission
July 10,2018
VIII. APPROVAL OF MINUTES
1. Minutes for the last meeting were not yet available.
No action was taken.
VIII. ANNOUNCEMENTS
1. Councilmember Liaison
Council liaison Koski gave a few informal updates on council activity.
2. CUP Updates
a. Alex's Lawn and Turf
Administrator Statz updated the commission on the fact that city staff was actively
discussing certain alleged violations of the CUP for Alex's Lawn and Turf with the
ownership of the company. Options were given for them to come into compliance
or apply for a change to their CUP.
b. CenterMart
Administrator Statz updated the commission on the fact that city staff was actively
discussing certain alleged violations of the CUP for CenterMart with the ownership
of the company. Options were given for them to come into compliance or apply for
a change to their CUP.
VIII. ADJOURNMENT
Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to Adiourn
the Regularly Scheduled Planning & Zoning Commission Meeting at 8:43 p.m. All in favor.
Motion carried.
Respectfully submitted, City Administrator/Engineer Mark R. Statz
Page 5 of 5