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HomeMy WebLinkAbout2018-09-04 P & Z Minutes - Approved CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on Tuesday, September 4, 2018 at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Linda Broussard Vickers Commissioner Mark Haiden Commissioner Kim Ganzel Commissioner Darrell (DJ) Olson, Jr. Commissioner Ben Fehrenbacher 16 0 ABSENT: Commissioner Nick Twohy STAFF: City Administrator/Engineer Mark Statz OTHERS PRESENT: City Council Liaison Russ Koski L CALL TO ORDER. The meeting was called to order at 6:30 p.m. by Chair Mosher. 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Motion by Commissioner Haiden, seconded by Commissioner Broussard-Vickers to Approve the Agenda as presented. All in favor. Motion carried. IV. AWARDS, PRESENTATIONS, APPEARANCES 1. None. V. PUBLIC HEARING/INPUT 1. Alex's Lawn and Turf—Amended Conditional Use Permit Chairman Mosher opened the Public Hearing for Amending Conditional Use Permit for Alex's Lawn & Turf. The following people addressed the commission during the public hearing: Mr. John Wells, HKM, Legal Representative, addressed the Commission, stated that they had previously spoke with previous Administrator Ericson regarding their CUP and increasing the amount of bins on site, that there has been no expansion of the business in his opinion, that the owner is not a "renegade" and presented three (3) letters from Page 1 of 4 City of Centerville Planning and Zoning Commission September 4,2018 residents of Centerville that are pleased with the services provided by Alex's Lawn and Turf. Mr. Dave Newell, 7055 Cottonwood Court: Mr. Newell stated that he Googled Yard and Quarry Direct and it came up as a business that they provide quality, quantity and loading quickly of bulk landscaping materials. He complained of noise and requested a noise study of the operations. Commissioner Fehrenbacher questioned the time that the noise is occurring and Mr. Newell stated they are utilizing heavy equipment in both the morning and evening with the noise being loud enough to wake you up. Mrs. Tammy Bednar, 7068 Cottonwood Court: Mrs. Bednar stated that the current owner is not in compliance, is not operating a landscaping business, that numerous complaints have been filed with the City regarding noise and that they can no longer entertain due to noise emitting from the business. Mr. Emil Baufield, 7063 Cottonwood Court: Mr. Baufield stated that he believes the pond amplifies the noise emitted from the business. Mr. John Derosa, 7048 Cottonwood Court: Mr. Derosa stated that the police have been called on eight (8) occasion between the neighborhood. He also stated that the noise is coming from heavy industrial equipment. Mr. Skip Haseley, 7060 Cottonwood Court: Mr. Haseley said the noise is every day and too much. He stated that he has contacted the Police Department on two (2) occasions and can no longer have outdoor barbeques due to the noise. Mrs. Jillian Derosa, 7048 Cottonwood Court: Mrs. Derosa stated that the noise has woken her children up at night, the business has exceeded the current CUP requirements with bins, expanded and desires to expand more and the noise is ongoing. Mr. Ryan Bednar, 7068 Cottonwood Court: Mr. Bednar stated that eliminating boulders won't fix the noise that it is the Skid Steers with tracks. Mr. Brian Kovard, 7072 Cottonwood Court: Mr. Kovard stated that he agrees with the neighbors regarding their complaints. Mr. John Wells, HKM, Inc. stated that Alex's has not violated the noise ordinance, noise is subjective and he has video of deliveries being made to the liquor store which was just as load as the noises made by Alex's. Mr. Alex Shuda, Owner/Operator of Alex's Lawn & Turf, stated that they operate front end loaders, they do not operate on Sunday's, Mr. Elie Rupnow, 3640 Talmudge, Vadnais Heights, stated that customers appear to like availability of products and stated that he has worked nearby and has not noticed noise issues. Page 2 of 4 City of Centerville Planning and Zoning Commission September 4,2018 Council Liaison Koski stated that Alex's Lawn & Turf has disabled backup alarms on their equipment in a good-faith effort to decrease noise emissions and there may be some concern whether the property is being utilized as Commerical (B-1), which it is zoned or Light Industrial which it is not zoned and the City does not have a zoning designation for this. Motion by Commissioner Broussard Vickers, seconded by Commissioner Fehrenbacher to close the public hearing. All in favor. Motion carried. VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. Alex's Lawn and Turf—Conditional Use Permit Subsequent to the public hearing and discussion by the Commission it was suggested that Administrator Statz could meet with all parties in an attempt to come to common ground with the operations at Alex's Lawn and Turf. Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to direct staff to meet with all parties, continuing to work toward mutually acceptable terms and bring back, to the commission suggested CUP language. All in favor. Motion carried. 2. Concept Plan Review—20th Ave. Mini-Storage A concept plan for a 4-building, 168 unit mini-storage building was presented for consideration at 6965 20th Ave. S. The land is zoned B-1 and mini-storage is not an allowed use in this district. Discussion was had regarding options such as a code change to allow mini-storage in the B-1 district, seeing as how there was a demand for mini-storage in the area, modern mini-storage facilities can be aesthetically pleasing and the use tends to be quiet and low-impact to adjacent properties. In opposition to that action is the realization that mini-storage may not be appropriate for all of the city's B-1 areas, such as those along Main Street. Another option would be to seek a rezoning of the parcel to I-1 (Industrial), where mini-storage is an allowed use. Commissioners voiced their opinions that this may be spot zoning given there are existing B-1 uses to the north and south of the parcel. Additionally, it was noted that there are viable I-1 sites available in the city. Most commissioners thought this site, zoning aside, would be compatible with the proposed use, however, with the complication of zoning issues, there was split opinions from the commission on whether they would recommend any of the necessary steps to make this proposal work. Being that this was a concept plan presentation, there was no official action taken by the commission. 3. Water Service Hook-up Ordinance and Policy Page 3 of 4 City of Centerville Planning and Zoning Commission September 4,2018 Discussion by the Commission addressed issues with the ordinances consistency (treating septic systems in the same manner as wells). It was recommended that Legal Counsel add language to address private septic systems. Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to Recommend Approval of the Presented Water Service Hook-up Policy with the Recommended Lan2ua2e Inclusion of Municipal Sewer Services/Private Septic Systems. All in favor. Motion carried. VIII. APPROVAL OF MINUTES 1. Planning & Zoning Commission July 31, 2018 Meeting Minutes No changes were noted. Motion by Commissioner Broussard Vickers, seconded by Commissioner Fehrenbacher, to recommend approval of the July 31, 2018 P&Z Minutes. Motion carried. Commissioner Ganzel abstained. IX. Announcements and Updates No updates were given. X. ADJOURNMENT Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden, to adiourn the meeting at 10:08 p.m. All in favor. Motion carried. Page 4 of 4