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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: ween d3�vNlvea2�JNlave� w W a )dV�9,IVVI V SQrJ, N�osaNNlw a„I�eaiNao ?°g A a> o —nM 410S31d1S� J s s _ z lII - rv01\d1d�43a�OISI/3d 31va a w um� a •� 3 R C � � �..� tea..\ � � _ u� zas- - — z 0000 --------- — — -- — I -- .— --------� �I dan 1 10 a s a a a a a e W e e ss I a s \ a n a 2 I w z oa rc is - � I vo g�r oow `_ li Porro � e 4 - �I H �4 o pV N Irc I I O I — - co _ c a a g do Q I _— I i �n W ua t I g o < op w 0 We e a $ 0 0 0 z oma e as;�ma �s v s e -- $o — IT W oz'a G � a _ coa n J e p z G =mom z � W z � oJU .�w�UP _ O � v _ op A)d V�19,I VV I 13 S CA, �OS—NIA'—I/H—O o �o C\1 o -j -nM 0-10 S31VISE ----------- -- ---------- - -- ----------- S. 25- -A N". -A HE, 09 Se N Nu a P -n - -———————- - -———————- _j =7 o Aj pm�a-0 N is NAo 92 1Cl wa sz Go sr "c M- rr W ............. 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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. wfflh r„ �?rnrnunii,/ in rrfirrl M.m� ._..,.. 9i ........�. .. .M..� iSrv, �8...��...,� _ n a NVld 3'JYNIVH08SNIOY Lij1 J z S31b1S3 7"IIW Ci-10Ch a � Al Al E a f n�m �, �' ,Ili, 4 ✓^" YIWWIN r r a r / W 7 A 1 �11ce f II A r 5 f / p OJIf 00 if If Co ff ¢ I ol A OIN 'Re, IIJ t �1 7 eJ, m, P Vr r� l r M.„ 1, r G^N of Owx 7_o iL al r ,�„.,, ,." ,,.�..,...✓^,.,„,, y _..... _ m q \ M { f v W � N or l ,✓ � �a J 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.�. 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I(� ci I h c 11,1 c Shall be c c , ll,�) 1)�,jvcllc owTICII's CITId/oll,dic pgt��Jc., cis maly be clpp�jcablc Iii rL llcl I c s I]I,ce I scli'ves five cru fowell, h(nl�es i7VdL lig Pu'jvalslivl m u : �CWja le dilinil access....(r11,�11, �Ulrld k 11'pgtJ�'(�N�ic c c sa f'olly cq�jjpll�crll The I urnall,(wind k r11'dil's pgg)(rsc maY be less dian dic slivel dg�44,zlll �wIarldclll ds When clppI'(Hvcd bly dic ( illy �'n4gincell, and Fj re mall'shal I § 156;006 Im"IFINI'vioNs; Veilsk)in 07262018 § 156.122 YARDS. (A)General requirements. The minimum depths of front yard, rear yard and side yard for each district shall be as defined in the schedule of regulations and conform to the following additional regulations: (1) All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level shall not project into any minimum front, side or rear yard; (2) Lots which abut on more than one street shall provide the required front yards along each street for the principal structure and for any accessory building; that acc, sso��y.....s�1�1c a�fcs less thag 200 s may, c l�la;�,ca�if. a std :...yaa"�1 i� cruclosc�l b a cor��oa°��nirb ,�,°ivac fcnbcc ars sa�b`cct to a ..foot ininbiintan setback, 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