HomeMy WebLinkAbout2019-02-05 P & Z Packet CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
MEETING AGENDA
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Tuesday, February 5, 2019
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I. CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. AWARDS, PRESENTATIONS, APPEARANCES
1. None
V. PUBLIC HEARINGS
1. Interim Use Permit—Rehbein's Black Dirt
VI. OLD BUSINESS
1. Old Mill Estates— Preliminary Plat Revision/Amendment
2. Bay View Villas—PUD/CUP Revision/Amendment
VII. NEW BUSINESS
1. Interim Use Permit—Rehbein's Black Dirt
2. 20th Avenue/Commerce Drive Zoning Discussion
VIII. APPROVAL OF MINUTES
1. Planning & Zoning Commission January 2, 2019 Meeting Minutes
2. EDA & Planning & Zoning Commission January 16, 2019 Meeting Minutes
IX. ANNOUNCEMENTS/UPDATES
1. Council Member Liaison
X. ADJOURNMENT
*REMINDERS**
City Council Meeting—Wednesday, February 13, 2019— 6.30 p.m. City Fall
City Council Meeting—Wednesday, February 27, 2019— 6:30 p.m. City Hall
Parks & Recreation Committee—Wednesday, February 6, 2019
Darks &Recreation Committee Skate Night& Hay Fides— Saturday, February 9, 2019
Fete des Lacs Committee—Monday,February 18, 2019, 6;00 p.m. City Hall
EDA —Wednesday, February 20, 2019— 630 p.m. City Hall
Planning &Zoning Commission— Tuesday, March 5, 2019— 6;30 p.m. City Fall
CITY OF CENTERVILLE REQUEST
FOR COMMISSION ACTION
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Agenda Item# Department: Requested Meeting Date:
5.1 Planning 2/5/2019
TITLE OF ISSUE:
Rehbein Black Dirt Interim Use Permit Application Public Hearing
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Attached, you will find background information on an application for an Interim Use Permit (IUP) from
Rehbein's Black Dirt. A Public Hearing will be held to take input from the public on the proposed permit as
required by law. After the Public Hearing, the P&Z Commission may discuss the various aspects of the draft
IUP during the regular agenda.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Hold Public Hearing on Interim Use Permit Application.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
Mosher Other(specify)
Haiden
F1 Twohy
Ganzel
Broussard Vickers
Refer to:
Consent Tabled Until:
Regular Other:
tiU
CITY OF CENTERVILLE
'11MIT REQUEST
"USE PE
NAME: ,ryGe ald:11elibein. FEE- 2,50 + "ll O00. O
Deposit
COMPANY: "Rebbeins Bl rDirtAID
._ ........................................._ ......................
ADDRESS: PO Bo 36
TELEPHONE NUMBER- 651426-0896
STREET LOCA110N CSF' PROP R.T : West of Z1st ve,.S a.wof Co.w 14_..
PROPERTY Y IDENTIFI :a T ON NUMBER: 24-31-22-32-0002 24-31- -. -(:0 6-4
LEY .L DES('R,IPTIO SII°PROPEI.'FY: T 1,822, e ,24
.............................................. .... ----------------------------------W
SIZE OP I .0 G°L(S)0 1. ,acres
NIT"I:f NAL Ta li;PERMIT T"I:EQUE T: We would I ._to_ a �tl�
existi33 !!� Frith.the terms discussed withthe administrator.
--------------------
I have read the attached City Code,Section 156.1130 pertaining to the 13-1 Zoning District and the need to apply for a
(conditional Ilse permit. I have also read the attached City Code,SeLtion 156.320 pertaining,to Conditional Ows also.
By paying the above steled fee,l d that no refands will be issued in full or in ,at anv z s2"it'the
orate ial.
'liganatur b Applicant Signature Of Property Owner
1/4/2019
Date
_,.( ffica Use 01AY Dclolrf"Iltis Line)
PLANNING NING ONI.NG °T"1'ON,- --------- _a.._...........................................................................................
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6`:7 Nu(,oftk MAP,5flt,e*u I3P'Mh 5�ro�,M,5tel 5()4
atlWN UNITED
il PROPERTIES
0l/02,�2019
Mavor Paar and Mark State,
RE:Relibein in Operation—Centerville,NIN
Dear Mayor Paarand:,Nfark Mata:,,
Ourgen.cral contractor and soil consulmnt,in order to ath-mice the subject
property to as fruare "pad reaidi,�I'state,iwe believe it is in�ouir. best interest to allow Gerald Ithbein to
continue ioperating on dae,Hitt'. Per a separme�,tgxeemcnt with.Gendd, mrc Nwill ensure flut the
j;raditwg activities leave the conditima of the site.asci a hi ser quafity than what curric-ady exists. The
e fut re tenant or dieveloper(i.e.
afternative Of,not workingi t
wh G erald puts re
a gater burcIen on fl 11
Ulnite.,d Properties)to complete the eycavation and exportat a latex clam:. This vaises the u:ist�cdthe
sjtewor :mid increases the fame tecluired to complete coi-wnWtion;both of which.rn,),v rnalke it mw,e
difficuat to find anarictior temint f6t the projett,
Clur ultimate,goal is to reniove as iruany barrievi ais possible to"pad-ready"and worlingwith Gerald
as stAted ahlove aWhi(.VeS that klWd,
Fylease contact mewitlimay questaons,,afid,%rie look forward to-workdr4;with the City oft.lenterville
ICIII a future pro)ect on tbe subject 6md.
Sincerely,
Brandon Champeau
Senior Vice President
952.837-8653
m
Firiorn: Mark Stat1
Subject Centwviiiiiie Black DO Operation
Nte: January 2,2019 at 3:13 PhA
To. rehbeh-iag@me.coni
Matt,
Thanks for stopping in today. As discussed, here are some ren the key issues we would
want to address in a revised/extended Interim Use Permit (1111i 'This is not a binding Ilia,
but is !intended to be the basis for our discussion with the Planning and Zoning
Commission. We look forward to receiving your Application for thaw IUP revision.
Keep the and date to have all non-black dirt off the site or leveled to grade as
December 31, 2019,
Extend end date for black dirt operation/sales to December 31, 20204
Allow haul-in of only black dirt and soil use to mix with black dirt.
Allow mining (stripping) of black from the western and southern portions of the
piroperty and backfill with existing material in site.
Restrict mining (stripping) operation to 1/3 of western/southern portion of site at a
time. Area would need to be seeded/mulched before next area can be opened
up.
Keep black dirt operation confined to current area.
Add requirement for pick-up sweeper
Continue restrictions on hauling on Commerce Drive and IF
Continue fees for hauling out V,
Develop Erosion Control measuii es to be written into e 14 641
o Maintain double row of,silt fence around perimeter of site while there is
exposed soil.
o Maintain 50' biuffer to top bank ofcreek /'1") 91 livill",
AAW1,Y
Limit dopes on stockpiles to 3:1
o Maintain rock construction entrance
All other condfflons not modified here would remain in the 1UP.
Let me know if i missed anything.
Mark Statz, PE
City Administrator/Engineer
City of Centerville
1880 Main St.
Centerville, MN 55038
0: 651-429-3232
D: 1-7 -7 1
C: 651-775-5126
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!za5wbhshed 18"'57 651-429 3232 or IF&K 6514298629
January 9, 2019
. Gerald l chb n
%Matt Rehbl inn
lnbelnn Black-, elft
P.O. Box 368
Hugo, MN 55038
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'e receive your Application for an'.n.Interim'Use Permit, an January 4, 2119 along with payment
of$1,250($250 Application Fear and $1,000 Professionkil Services ,scl:;o' .
Yemen" application is complete and a Public 'Hearing will be schedtiled 11ar the February 5, 2019
Planning & Zoning Cormission mm-'Aing. The meetingt ; slaac; t ity Hall, 1880 Main
Strmat, CenteMile, MN 55038 in Council Chambers and commences at 6:30 p.r.n. or shortly
thereafter. You as a:property owner will also receive the required legal notice:for d.a1s meeting.
If you have any questions, please alae not hesitate to contact City Administrator,nlstraator, mark Statz aC
'51,,,.792-793 1,
Sincerely,
'Teresa Bender, A4C
City Cleric
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AF"F"IDAVIT OF MAILING PUBLIC NOTICE
State of Minnesota)
Countyof Anoka )
City of Centerville)
I, Kris Sweeney,being first duly sworn, depose and say:
I am a United States citizen, over nineteen (19) years of age, and the Senior
Finance Clerk of the City of Centerville,Minnesota.
On January 23, 2019, acting on behalf of the said City, I deposited in the United
States Postal Box located at 1880 Main Street copies of the attached Public Hearing
Notice, in envelopes, with postage thereon fully paid, to the individual property owners
of the following address.
NAME SS
See attached sheet.
There is delivery service by United States mail between the place of mailing and the
places so addressed. ry
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weloulY
Subscribed and sworn to before me this 23rd day of January,2019...�. ��C aa.
" ^ TERESA BENDER Notary Public
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CITY OF CENTERVILLE
NOTICE OF PUBLIC HEARING
NOTICE IS 1-11EREBY' GIVEN, that the Phuminiz, & Zoning Corrunission of the City of
Centerville will consida7 a request from Mr. Gerald Robb ein ol"Rehb(iris Blas c. Dirt to obtain
Intenim Use Pe nib for the continued Black Dirt operation on parcel #1 .2,4,.,,31.,,,,2 -32-4;002, and
pw.-cel #R24-31-22-32-0003 for a two (2) year period. 'Me hearing is scheduled for 'ruesday,
February 5, 2,019 at 6:30 p.m. or shortly thereafter. Tbe purpose of the meeting is to obtain
public connnent regarding the above request,
'11ie City I'lall is ADA accessible. Requests for hearing assisted devices or a sign language
interpreter must 'be received before 4:00 p.m. humai�y 31, 2019. All persons interested are
invited to attend and to be heard, verbally or in writing. YOU iyiay call City, Hall (651) 2 3232
if you have an),questions.
Teresa Bender, City,Clerk
Published in the Quad Comraunity Press on January 22,2019
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Rehbeins Black Dirt
P.O. Box 368
Hugo, MN 55038
651 -426-0896
December 20, 2018 RE: Centerville, Minnesota
Rehbein Interim Use Permit
Clearwater Business Park
Mr. Mark Statz, R Ea
City Administrator/Engineer
City of Centerville
1880 Main Street
Centerville, MN 55038
Dear Mark:
We are working with United Properties on the above referenced parcel. Because of the
excessive topsoil depths in this area we would like to extend our IUP for an additional year.
This would allow us time to dispose of the excess topsoil and place a majority of the common
borrow stockpiled on the area striped.
This will bring the cost of development closer to that of the surrounding communities.
If you have any questions, please don't hesitate to call.
Sincerely,
Gerald Rehbein
CITY OF CENTERVILLE
ANOKA COUNTY,MINNESOTA
APPROVAL OF INTERIM USE PERMIT
1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville
hereby grants approval of an interim use permit for:
Rehbein Properties, DBA Rehbein's Black Dirt,to operate dirt processing at
property west of 21St Avenue, south of Clearwater Creek, subject the conditions of
this permit.
2. Property. The permit is for the following described property:
PID's: 24-31-22-32-0002 & 24-31-22-32-0003
3. Conditions. This permit is issued subject to the following conditions:
a) All activities shall be conducted entirely within the easterly 680 feet of the
property south of Clearwater Creek(approx. 13 acres), and shall not encroach
closer to Clearwater creek than 50 feet, and shall not use any other adjacent
property, whether owned or not,unless a interim or conditional use permit is
applied for and issued,permitting the activity on that site.
b) Existing green strip along Clearwater Creek shall not be disturbed.
c) Operating hours shall be limited to 6:00 a.m. to 6:00 p.m. Monday through Friday
and 7:00 a.m. to 6:00 p.m. Saturday.
d) Permittee shall endeavor to limit speed of trucks entering or leaving the site to 25
miles per hour.
e) Permittee shall maintain millings at the entrance to the site for a minimum
distance of 250 feet south from the intersection of 21St Avenue and Commerce
Drive and Permittee keep the drive and adjoining street free of mud and dirt.
Upon notice by the city of excessive accumulation of dirt or mud in the street,
Permittee shall clean and\or sweep within four hours.
f) No fuels or chemicals shall be stored on the site, unless contained in a building.
g) Maximum noise emitted at the property line shall conform to the noise regulations
contained in City Code Section 91.09 and applicant shall not violate other
nuisance regulations contained in Chapter 91.
h) The maximum height of all piles shall be limited to 50 feet above the natural
grade of the site. Materials allowed to be brought to the site shall only be granular
compactable material and black dirt. No broken concrete or asphalt material is
permitted.
i) Ingress and egress shall be limited to 21 st Avenue. Hauling on Commerce Drive
and Fairview Avenue in conjunction with this permit, is not allowed.
j) Permittee shall supply a monthly accounting of all material hauled in to the site
and hauled off the site. This accounting of material hauled from the site shall be
in the form of a log of loads hauled out each day and documenting the quantity of
material in each load together with copies of truck load tickets and/or bills of sale.
k) Recognizing the impact on adjoining streets and in recognition of administrative
and other costs of monitoring this permit the following fees shall be paid by the
operator:
1. For loads of black dirt material hauled from the site, $0.25 per cubic yard,
to be paid monthly.
2. For loads of compactable granular material hauled from the site, $0.10 per
cubic yard, to be paid monthly.
1) 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.
m) 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, copies of any permits required
by outside agencies. Requirements shall include the filing a Stormwater Pollution
Prevention Plan.
n) Grantee will secure necessary permits and follow the applicable rules and
regulations of Minnesota Pollution Control Agency and EPA for collection,
storage and disposal of solids, liquids and gases. Grantee will file with the City
within ten days of receipt, copies of any permits and/or notice of enforcement
actions by these agencies.
o) Grantee will permit a city inspector to view the premises, including the inside of
buildings, during normal business hours.
p) Minnesota DNR has commented that, for the use to be located in the Floodway, a
"No Rise Certificate would be required. Applicant will provide a "No Rise
Certificate" or move dirt stockpiles out of the Floodway not later than July 1,
2014. This permit does not allow placing any new material in the floodway, prior
to the city receiving a"No Rise Certificate."
j) 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. This permit shall be effective February 1, 2014, and shall expire at December 31,
2018. Not later than December 31, 2019, all excess material remaining on the site
shall be hauled away and/or leveled and the site graded and seeded to prevent
erosion, in conformance with law.
5. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor.
Dated:
CITY OF CENTERVILLE
Tom Wilharber, Mayor
Attest-----
Teresa Bender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this day of J G.h g14:±,y 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
`., r c_I
:fdNESOTA
.u�..° r{iy. 1-r'ie c�P, .—M.31,2015
Planning& Zoning Commission Report and Recommendation.
The Planning&Zoning Commission met on January 7, 2014 to consider a request of
Rehbein Properties, DBA Rehbein's Black Dirt, for an Interim Use Permit (IUP)to
operate a black dirt processing business at 21St Avenue south of Clearwater Creek in the
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 on November 5, 2013.
2) The proposed use may be operated in the I-1 zoning district subject to an Interim Use
Permit with reasonable conditions.
3) Minnesota DNR offered comments that require a"No Rise Certificate"if the use is
located in the Floodway.
4) The proposed use is not inconsistent with the Comprehensive Plan if allowed on a
temporary basis until the planned use is feasible.
5) The applicant is willing to conform to conditions in the draft Interim Use Permit
attached hereto.
RECOMMENDATION.
The Planning Commission finds that the standards for granting a Interim Use Permit have
been met and recommends that the City Council approve the Interim Use Permit, subject
to the conditions contained in the draft IUP attached hereto.
January 7. 2014
Planning and Zoning Commission
Dallas Larson, Administrator
CITY OF CENTERVILLE REQUEST
FOR COMMISSION ACTION
tery fe
Agenda Item# Department: Requested Meeting Date:
VI.l Planning 01/31/2019
TITLE OF ISSUE:
Old Mill Road Estates Preliminary Plat- Modification Request
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Mr. Todd Christensen has requested that the Commission consider the removal of Phase III of the approved
Preliminary Plat which includes a public road to the easterly parcels. The revised Preliminary Plat would
simply have two phases. This does not preclude the eastern area from being platted at some time in the future,
but would necessitate any subdivision of that land to go through the full preliminary plat approval and
permitting process. The currently approved Preliminary Plat requires too much wetland fill to move the project
forward in 2019.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to recommend approval of the revised Preliminary Plat, with all of the conditions contained in the
original Preliminary Plat approval except Condition#2 (pertaining to the easterly lots). See Attached P & Z
Minutes from July 31, 2018.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
Mosher Other(specify)
Haiden
F1 Twohy
Ganzel
Broussard Vickers
Refer to:
Consent Tabled Until:
Regular Other:
City of Centerville
Planning and Zoning Commission
July 31,2018
Drnmissiorter Haiden to
Ej2ji%,j!jp,,pu'bl' ,he rin All in favor. Motion carried. The Public Ilearme was closed
at 8: 5"
VI. OLD BUSINESS
1. None
VIL NEW BUSINESS
1. Old Mill Estates
a. Preliminary Plat
b. Conditional Use Permit for a Planned Unit Development
c. Rezoning(R I to R.2A)
Discussion among the commission ensued. Commissioners did -not favor the interior
connecting road layout proposed by the planners, They felt that the addition of trails and
sidewalks could serve the purpose of connecting the neighborhood and giving access to the
park. Consensus was also that the layout, as presented, was reasonable. The commission
discussed issues with private roads and eventually proposed that the private road be made
public, and that it be ended in a cul-de-sac, connecting to Street B, with the connection to
Street A being eliminated. This change, would allow conforming lots in the eastern
portion of the plat and would eliminate the need for a PUD.
mmmissioner Haiden,tam
recommend approval Dorf the Preliminary P at and rezoning,
troll "rte conditions.
1. a. Sidewalks shall be included on the east side of Old Mill Road from the istirr
sidewalk to the south arm the rom er a rmr r er site cm olar omrm t e south side
of Street ALjand on the north side of Street B.
2. The proposed private r ad in the eastern ordn of the develo ment all be
mm lie and meet the reaemirs ments of a public road. The section 2Lprim ate
e-sac shall be eliminated with a
new cul-de-sac. The more mm lie r a s eeom mm ate amen l t mint conform to
3. The develnDer shall work with the Vi t-u V"01' -eer to evaluate the water dEgigage
system aloggg_jthe southern site boro lqdar for orate ntial im acts to adjacent
residegt
"i a_1bj_ck_Xa_rA_s.
4. The develn"ment shall include a trail as proposed in C"ommo,e tB as shown in the
trail shall connect
Street A to Street B and extend on the east side of Street B to the connection with
Revoir Street and Acorn Creek.
5. The rezoro r"ren 7 from Rl to R2A I'S
Final Plat.
All in favor. Motion carried.
Page 4 of 5
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MEMORANDUM
TO: Planning & Zoning Commission
FROM: Kurt Glaser, City Attorney
DATE: February 1, 2019
RE: Bay View Villas
Requested Amendment To Planned Unit Development/Conditional Use Permit
for Spa Tubs
SUMMARY: The Developer wants Homeowners in Bay View Villas to have small lap pools or hot
tubs in the rear of each home underneath a deck or on a rear patio. As written, the PUD / CUP,
prohibits a Homeowner from having accessory structures such as pools or tubs. The Developer
asks the Commission to amend its previous decision and allow Homeowners to have small lap
pools or hot tubs.
DISCUSSION: The Commission granted the Developer a Planned Unit Development. As part of
the PUD process, the Developer asked the Commission to relax setbacks to accommodate a
great density of homes. On lakeside lots, the Commission created a buffer between the homes
and lake in order to capture and treat runoff that could pollute the lake. Granting these
variances meant that the Commission created lots that are smaller and contained less usable
space than otherwise allowed by the City's Code of Ordinances. The Commission created these
'smaller' lots on the condition that they not contain accessory structures. A Conditional Use
Permit governs this condition stating: "No lot may contain an accessory structure or water-
oriented accessory structure."
The City's Code of Ordinances regulates pools or hot tubs as an accessory structure. The Code
requires a safety fence or wall to surround each pool or tub. The height of this safety fence can
range from 4 to 7.5 feet. The Code also allows homeowners to construct fencing around the
perimeter of a lot with a fence height ranging from 3 to 6 feet. The PUD / CUP for Bay View
Villas prohibits the construction of pools or tubs and the related safety fencing. The PUD / CUP
do not prohibit a homeowner from constructing a fence around the perimeter of their lot.
The Developer suggests a compromise of the restrictions contained in the Conditional Use
Permit. The Developer wants the Homeowners to be able to have a small lap pool or hot tub in
the rear of their homes, placed underneath a deck or on a patio. This includes the construction
of safety fencing around the pool or tub. The Developer suggests the Commission grant
Homeowners the right to construct a small lap pool, hot tub and safety fencing in exchange for
prohibiting homeowners from constructing a perimeter fence. Restricting perimeter fences will
reduce clutter or adverse sightlines on these 'smaller' lots. The Developer intends to use its
Homeowners Association to restrict the height of safety fencing to 4 feet, and regulate the type
and styles of safety fences, lap pools and hot tubs.
1
If the Commission entertains the Developer's request for small lap pools or hot tubs, the
Commission may wish to consider how these pools and fencing would sit on the reduced-sized
lots in Bay View Villas. The Commission may wish to consider setting:
Maximum size for small lap pool or hot tubs.
Maximum size of fenced-in areas, or
Restriction against perimeter fencing.
As an example, the Jacuzzi brand company sells a variety of sized tubs. A 6 to 7 person tub is
91" by 91", and 4 to 5 person tub is 76" by 84". The smallest size motorized lap pool is generally
84 square feet or 7' by 12'.
a
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RECOMMENDATION: Grant the Developer's request to modify the Conditional Use Permit with
the following revisions and conditions.
• Each lot in Block 1 and Block 2 of Bay View Villas may have no more than one small lap
pool or hot tub. Other accessory structures or water-oriented accessory structures are
prohibited.
• Each pool or tub must be located on a rear patio or deck, and located inside of the
setbacks governing the principal structure on the lot.
• The water area of each pool or tub shall be no larger than 84 square feet.
• The fenced or walled area surrounding each pool or tub shall be no larger than four
times the size of the water area of the pool or tub.
• No lot in Bay View Villas may have a perimeter fence.
• The existing ordinances should govern all other pool and fence requirements, include
the maximum fence height.
• The Homeowners Association may make further restrictions so long as they are
consistent with existing law.
2
RELEVANT CODE SECTIONS
§ 156.107 ACCESSORY STRUCTURES AND USES.
(A) Accessory Structures—Residential Uses
(9) Swimming pools may exceed the size requirements for accessory structures, but
shall not exceed 50% of the rear yard.
§ 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.
(2) No residential fence may exceed six feet in height and no decorative fence in the
front yard may exceed 36 inches in height.
(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.
(E) Swimming pool fencing. No permanent private swimming pool with a water depth
exceeding 24 inches may be allowed, unless enclosed by a permanent wall or fence not
less than four feet in height with self-closing door and self-closing latch. A swimming
pool shall be considered permanent if it has a connected water supply, a drain
connection or electrical connection where any of these require an electrical,
mechanical, plumbing or building permit under the Minnesota Building Code.
(G) Special Privacy Screening. A single-family property may install in a rear yard, special
privacy screening around a pool, hot tub and/or patio, with a height of up to 7.5 feet.
The total area enclosed by the special privacy screening may not exceed an area equal
to one-half of the area of the first floor of the dwelling. The total lineal footage of the
special screening shall not exceed an amount equal to the distance across the lot at the
front setback of the dwelling. Special Privacy Screening may not be located closer to any
lot line than ten feet nor closer to any street property line than 35 feet. Installation is
not allowed without first securing a permit from the city.
KBG
3
CITY OF CENTERVILLE REQUEST
FOR COMMISSION ACTION
tery fe
Agenda Item# Department: Requested Meeting Date:
7.1 Planning 2/5/2019
TITLE OF ISSUE:
Rehbein Black Dirt Interim Use Permit
BACKGROUND AND SUPPLEMENTAL INFORMATION:
Attached,you will find a draft Interim Use Permit and Findings of Fact. A Public Hearing was held to take
input from the public on the proposed permit. The deadline for the city council to take action on this
application is March 3, 2019. However, the city may grant itself a 60-day extension to that deadline, which
staff has already done, leaving a final deadline of May 4, 2019. The P&Z Commission should discuss the
various aspects of the draft IUP and Findings of Fact. The commission may elect to approve or deny the IUP
and Findings of Fact as presented. If substantial changes to the draft IUP are necessary, the item may be
tabled until the next meeting, with the extra time given from the extension.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to approve, deny or table the Interim Use Permit and Findings of Fact. If the motion is to
table,provide staff with direction on changes to the draft IUP and FOF.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
Mosher Other(specify) Draft IUP;Draft Findings of Fact
Haiden
F1 Twohy
Ganzel
Broussard Vickers
Refer to:
Consent Tabled Until:
Regular Other:
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
INTERIM USE PERMIT
1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville hereby
grants approval of an interim use permit for:
Rehbein Properties, DBA Rehbein's Black Dirt,to operate a topsoil processing business
at the properties described below, subject the conditions of this permit.
2. Property. The permit is for the following described property:
PID's: 24-31-22-32-0002& 24-31-22-32-0003
This permit only applies to those areas south of Clearwater Creek on the above parcels.
3. Conditions. This permit is issued subject to the following conditions:
a) Definitions:
1. Topsoil — Earthen material meeting the requirement of the Minnesota
Department of Transportation's 2016 Standard Specification, Section 3877.
b) All topsoil processing activities, including stockpiling of topsoil shall be conducted
entirely within the easterly 680 feet of the property south of Clearwater Creek (approx.
13 acres—Area A on Exhibit A), and shall not encroach within fifty (50) feet of the top of
the bank of Clearwater Creek within the area described above.
c) Mining/stripping of topsoil and backfill of the mined/stripped area with existing, on-site
material shall be allowed on the entire property described and included in this permit
(Areas A & B on Exhibit A). These operations may not encroach within ten (10) feet of
the top of the bank of Clearwater Creek.
d) No more than ten (10) acres of land outside of the area described in condition "b" from
above, may be disturbed and without vegetative cover at any given time.
e) Existing green strip along Clearwater Creek shall not be disturbed.
f) Operating hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and
7:00 a.m. to 6:00 p.m. Saturday.
g) Permittee shall endeavor to limit speed of trucks entering or leaving the site to 25 miles
per hour.
h) The following erosion and sediment control measures shall be followed:
1. Maintain double row of silt fence around perimeter of site while there is exposed
soil. Fences shall be maintained through the duration of this permit in
accordance with MPCA best practices.
2. Maintain 50' buffer to top bank of Clearwater Creek for stockpiling and black dirt
processing operation.
3. Maintain 10' buffer to top bank of Clearwater Creek for mining/stripping
operation.
4. Limit the slopes on stockpiles to a 3:1 ratio
5. Maintain a rock construction entrance per approved city detail plates at the
entrance to the site and keep the drive and adjoining street free of mud and dirt.
Upon notice by the city of excessive accumulation of dirt or mud in the street,
Permittee shall clean and\or sweep within four hours. A pick-up style sweeper
shall be used for all street cleaning activities. Sidewinder style brooms shall not
be allowed.
6. An administrative fine of$S00 per day shall be levied for uncorrected violations
of the above conditions. The fine shall be levied per day, per condition violated.
i) No fuels or chemicals shall be stored on the site, unless contained in a building.
j) Maximum noise emitted at the property line shall conform to the noise regulations
contained in City Code Section 91.09 and applicant shall not violate other nuisance
regulations contained in Chapter 91.
k) The maximum height of all piles shall be limited to 50 feet above the natural grade of
the site. Materials allowed to be brought to the site shall only be topsoil materials (as
defined above). Upon request, the permittee shall present the city with soil test results
demonstrating that imported soil meets this criteria. Up to 5,000 cubic yards (Loose
Volume) of non-topsoil material for the exclusive use of amending the topsoil material
for sale shall be allowed on the site at any given time during the term of this permit. No
broken concrete or asphalt material is permitted.
1) Ingress and egress shall be limited to 21St Avenue. Hauling on Commerce Drive and
Fairview Street in conjunction with this permit, is not allowed.
m) Permittee shall supply a monthly accounting of all material hauled in to the site and
hauled off the site. This accounting of material hauled from the site shall be in the form
of a log of loads hauled out each day and documenting the quantity of material in each
load together with copies of truck load tickets and/or bills of sale.
1. Recognizing the impact on adjoining streets and in recognition of administrative
and other costs of monitoring this permit the following fees shall be paid by the
operator: For loads of topsoil material hauled from the site, $0.25 per cubic
yard, to be paid monthly.
2. For loads of existing non-topsoil material hauled from the site, $0.10 per cubic
yard, to be paid monthly.
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 Department of Natural Resources, Minnesota Pollution Control Agency
(MPCA) and any other agency having jurisdiction over the property and shall secure and
file with the City, copies of any permits required by outside agencies. Grantee will
secure necessary permits and follow the applicable rules and regulations of Minnesota
Pollution Control Agency and EPA for collection, storage and disposal of solids, liquids
and gases. Grantee will file with the City within ten days of receipt, copies of any
permits and/or notice of enforcement actions by these agencies.
p) Grantee will permit a City Inspector to view the premises, including the inside of
buildings, during normal business hours.
q) No fill may be placed in the FEMA designated floodway or floodfringe. The City reserves
the right to annually review this permit for compliance with the conditions and may
impose additional conditions to mitigate unforeseen problems.
r) Portable toilets shall be provided and serviced regularly at all times during site
operations and shall be screened from visibility by neighboring properties.
4. This permit shall be effective April 1, 2019, and shall expire at December 31, 2020. Not
later than December 31, 2019, all excess non-topsoil material remaining on the site shall
be hauled away and/or leveled and the site graded and seeded to prevent erosion, in
conformance with law. Not later than December 31, 2020, all topsoil and other material
shall be removed from the site or graded (leveled) in a manner consistent with a pad-ready
building site. Not later than December 31, 2020, all equipment shall be removed from the
site.
5. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor.
Dated:
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 2019. 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
Exhibit A
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1
City of Centerville Planning and Zoning Commission
Draft Findings of Fact
Rehbein's Black Dirt Interim Use Permit Application
1. On January 8, 2014 the City Council(see attached minutes) issued an Interim Use
Permit for said properties (PIN#24-31-22-32-0002 & 24-31-22-32-0003) (see
attached) which expired on December 31, 2018. However, that permit allowed until
December 31, 2019 for "...all excess material remaining on the site[to] be hauled
away and or leveled and the site graded and seeded to prevent erosion, in
conformance with law. "
2. On January 4, 2019, Rehbein's Black Dirt submitted an application for an Interim
Use Permit to operate a Black Dirt Mining and Processing Business at property along
21"Avenue, in Centerville defined as PID#s R24-31-22-32-0003 and R24-31-22-32-
0002. Attached to that application was a letter of support from United Properties
who, under separate agreement with Mr. Gerald Rehbein, holds options on purchasing
the property for future development. Also attached was a list of preliminary
conditions for a draft Interim Use Permit. These draft conditions were generally
acceptable to both the applicant and city staff.
3. On January 9, 2019 the City forwarded correspondence to the applicant, stating that
the application was deemed complete and a public hearing would be scheduled for
February 5, 2019 before the Planning & Zoning Commission.
4. The Planning Commission held a public hearing on February 5, 2019 to take public
comment on the proposed IUP.
5. The public hearing was properly noticed, through mailings and publication.
6. The 60-day review period will end on March 3, 2019. The city granted a 60-day
extension of that review period, such that the review period now ends on May 4,
2019.
7. The properties are zoned I-1 (Industrial).
8. The proposed use may be operated in the I-1 Zoning District subject to an Interim
Use Permit with reasonable conditions.
9. The proposed use is not inconsistent with the Comprehensive Plan if allowed on a
temporary basis until the planned use of the property is executed by United Properties
or December 31, 2020 whichever is earlier.
CITY OF CENTERVILLE REQUEST
FOR COMMISSION ACTION
tery fe
Agenda Item# Department: Requested Meeting Date:
VIl.2 Planning 2/5/2019
TITLE OF ISSUE:
20th Avenue South and Commerce Drive Zoning Issues
BACKGROUND AND SUPPLEMENTAL INFORMATION:
The city has had numerous concept plans and other zoning request along the 20th Avenue and Commerce Drive
corridors over the past year or so. City staff, in conjunction with the city's realtor and planning consultant have
evaluated several options for modifications to the zoning map, zoning code or both, to better accommodate
what often seem like reasonable and well-suited requests for the various sites.
Of immediate concern is the need to decide whether to rezone ahead of a potential application for development
of the city's property at Commerce Drive and 20th Ave. by Midwest Best Water. If a rezoning is found to be
the prudent way forward, a public hearing will need to be held prior to, or in conjunction with their application.
COST AND SOURCE(S) OF FUNDING:
N/A
REQUESTED ACTION:
Motion to direct staff to initiate the process for a rezoning of various parcels as identified in the planning memo.
or
Take no action, with the intent to evaluate Midwest Best Water's application as a use in the B-I District.
For Clerk's Use:
SUPPORTED DOCUMENTS ATTACHED
Motion By:
Resolution Ordinance Contract Minutes Plan Map
Second By:
Vote Record: Ave Nay
Mosher Other(specify) Plannig Memo
Haiden
F1 Twohy
Ganzel
Broussard Vickers
Refer to:
Consent Tabled Until:
Regular Other:
Sta ntec
733 Marquette Avenue,Suite 1000, Minneapolis, MN 55402
Memorandum
DATE: January 30, 2019
TO: Mark Statz, Centerville City Administrator
FROM: Phil Carlson, AICP, Stantec, Senior Planner
RE: Commerce Drive Zoning- 7030 20th Avenue
Proposed New "Service District" Zoning Category
BACKGROUND
Midwest Best Water wants to locate in the
City's business park on the property at
7030 20th Avenue, the NE corner of 20th
Avenue and Commerce Drive. The site is
sa
currently zoned B-1 but the proposed use
may not be consistent with the
commercial nature of B-1 uses. It may be
more appropriate for the I-1 District.This
memorandum outlines the background
and issues involved and includes our
recommendation for dealing with the
request.
D,'r,Slgn with c ol,ni-vuun ly in rruirxcJ
1
January 25, 2019
Mark Statz, Centerville
Page 2 of 6
Commerce Drive Site
Midwest Best Water is a company that r y r
assembles, sells and services Natural Pure
fixtures or kiosks that dispense drinking
water at grocery stores and other places
of business. They also warehouse and
distribute empty, plastic water containers
for use with their machines. This businessw.
operation appears to be a mix of -
industrial uses more associated with the I- j
1 District and a commercial or business
use associated with the B-1 District. From
below, the "sales and service" portion of
the operation may fit the B-1 district, while
the "assembly" and "warehousing/
distribution" operations align with our
Industrial district.
Commercial Uses
Use Category and Use Type
Automobile and motorized equipment sales
C
and service, excluding salvaoe operation
Barber/beauty salons P Pt
Industrial Uses
Indoor ShootingiArchery Range P
Machine and repair shops P
Manufacturing, processing,assembly except C
recycling and waste
Mini-Storage C
Research Facility,excluding animal or livestock. P
Recycling and Waste Processing entirely within C
the principle structure
Truck Terminal C
Warehouse/Distribution P
On a related topic, the City has seen requests for uses on west side of 20th Avenue that, while not
allowed in the B-1 district, would be effective (and quiet) buffers between residential and existing
industrial. The City's realtor has suggested the B-1 zoning along the west side of the street may be
lg i r VVillr cal,ni-u,iin ly in rr1r1<0
1
January 25, 2019
Mark Statz, Centerville
Page 3 of 6
Commerce Drive Site
impeding potential users that meet the definition of industrial. His recommendation is to address
the issue through a new zoning category identified as "Service District." The intent of the Service
District would be to serve as a buffer between industrial and residential uses with uses that serve as
retail sales and services. The recommended use list is attached.
PLANNING ISSUES
Existing Land Use
The proposed site for Midwest Best Water is luj
currently vacant and owned by the City.
The adjacent site to the east on
Commerce Drive is Ruffridge-Johnson, a
company that leases paving and
construction equipment. Further east of u
that is Sheehy Construction. South of
Commerce Drive is a City-owned parcel
reserved for ponding, and south of that is a '
vacant site owned by Rehbein Properties. k
North of the site are various business uses fronting Main Street, and on the west side of 20th Avenue
are office and commercial uses in the area proposed for the "Service District."
lg i r VViilr cal,ni-u,iin ly in rri1r1<0
1
January 25, 2019
Mark Statz, Centerville
Page 4 of 6
Commerce Drive Site
ExistingZoning "�
is 1-1 on
The site and all surrounding properties are zoned B- m I
�
1, but south of Clearwater Creek the zoning
, n
the east side of 20'h Avenue and B-1 on the west N i
side in the area proposed for a new "Service
District." The large Rehbein parcel is currentlyt '
`
1
bisected by the B-1/1-1 zoning line. pw � ,1�% �i �heehy.
Y� Pp F
Zoning Code Uses °�� �
The proposed Midwest Best Water use and other R hs` �'� Cott'Nucel rr�
existing
businesses are a
mix of
and industrial uses when compared ed othe business tof �� � � �
Permitted and Conditional uses in the Zoning Code: ,
%pn o- 7«tirvu x / l Rehbeln Noh"tT' mr',I;yuyx,
• Construction trade offices andyards:
Permitted in 1-1, not permitted in B-1. �r
o This use describes both Ruffridge-
Johnson and Sheehy Construction, 1
which are both in the B-1 District. �
• Manufacturing, processing, assembly Existing Zoning
except recycling and waste: Conditional in
1-1, not permitted in B-1:
o This use describes Midwest Best Water, which wants to build on the site in the B-1
District.
• Mini-storage: Conditional in 1-1, not allowed in B-1.
• Group living uses: Some are identified as Conditional in B-1, not permitted in 1-1.
o The M-1 and M-2 allow more opportunities for group living facilities in a combination
of permitted and conditional uses.
• Commercial uses: Most commercial uses are either permitted and conditional in B-1 with
about half the number of commercial uses permitted or conditional in 1-1.
o Notable exceptions:
■ Adult uses, veterinary clinics, and kennels conditional in 1-1, not allowed in B-
1.
■ Automobile sales and services conditional in B-1, not allowed in 1-1.
■ Construction offices and yards permitted in 1-1, not allowed in B-1.
■ Beauty salons, theaters, and retail sales and services permitted in B-1, not
allowed in 1-1.
lg i r VVillr cal,ni-u,iin ly in rriwrI<0
1
January 25, 2019
Mark Statz, Centerville
Page 5 of 6
Commerce Drive Site
• The City-owned ponding can be allowed in
any zoning district: MAN SINE r
i
o This parcel could be in either the B-1
or I-1 District. "
• Rehbein Properties owns the bisected parcel � t',
and the next one to the south that is also
zoned I-1:
o It is preferable not to divide a parcel f� r�
"
into different zoning districts.
lo
Pattern of Land Uses &Zoning �
i�
The
pattern
Cit and should follow discretion
a rationall attern �
, but there
is not one right answer. The intent is to create a
pattern of uses that are not in direct conflict with
one another and not too complex. Rehbein Propertied/
In this area there are uses which represent a mix of V"
commercial and industrial within the B-1 District
(Ruff ridge-Jo hnson and Sheehy Construction) on
the east side of 20th Avenue, offices and
commercial uses on the west side of 201"Avenue, a
proposed use,which again is a mix of commercial Proposed Zoning
and industrial, (Midwest Best Water), and
industrially-zoned properties further south of Commerce Drive (the Rehbein parcels). All parcels
fronting Commerce Drive could make sense as I-1 zoning. Extending the I-1 zoning north onto the
Rehbein parcel would have the added benefit of keeping that parcel in one zoning district.
Related to the issue of a new "Service District," the uses proposed for the district mirror those of the
B-1 district except for the elimination of restaurants. Many of these uses are also allowed in the M-
1 and M-2 Mixed Use districts as part of a Planned Unit Development (PUD). A new "Service
District" would likely be redundant and make the code more complicated to administer with an
additional zoning category beyond the eleven that already exist. As an alternative, the City can
evaluate its complete use table (Table 156-A.1) to determine if the permitted and conditional uses
in each of the existing zoning categories align with the updated comprehensive plan and City
initiatives.
le i r wiil I cal,ninr,iin ly in rr1r1(:i
1
January 25, 2019
Mark Statz, Centerville
Page 6 of 6
Commerce Drive Site
If the area shown above was rezoned from B-1 to 1-1, the resulting zoning pattern is reasonable
and makes sense:
• There would be one large block of 1-1 zoning on the east side of 20th Avenue on both sides
of Commerce Drive extending south into the industrial park.
• There would be 1-1 zoning across 20th Avenue from B-1 zoning, a reasonable pattern that
already exists elsewhere.
• No new "Service District" will be needed.
• Both the existing and proposed uses would be in zoning districts that make sense for them.
RECOMMENDATION
We recommend that the five parcels fronting Commerce Drive be rezoned from B-1 to 1-1, plus a
portion of the Rehbein parcel further south that is now split between B-1 and 1-1 zoning, as
illustrated on the map above. Furthermore,we recommend an evaluation of the City's Use Table
to determine consistency with newly adopted comprehensive plan policies. If the City wishes to
act on the parcel zoning changes, it will need to complete:
1. A comprehensive plan amendment to change these parcels from Commercial to
Industrial on the Future Land Use Map. This will require a public hearing and approval of
the amendment by the Metropolitan Council.
2. An official ordinance amendment drafted and heard in a public hearing before the
Planning Commission, then acted on by the City Council.
ALTERNATE RECOMMENDATION
Leave all parcels zoned as they are and examine the development application from Midwest Best
Water to determine whether or not their use can be determined to be the same or similar as
existing uses described in the current zoning code. This would likely mean a finding stating that
the business is the same or similar to "...motorized equipment sales and service...",which is
allowed as a Conditional Use in the B-1 district.
ATTACHMENTS
• Table 156-A.1 District Allowed Uses
g ale i t VV i it t cai'nrru,inlily in rrilinci
Teresa Bender
From: Kurt Glaser <kurtglaser@glaserlaw.net>
Sent: Thursday, January 31, 2019 3:52 PM
To: Mark Statz; Elliott, Beth; Carlson, Phil;Teresa Bender
Subject: Fwd: zoning
Attachments: Scan-Brass, Mike-31012019-110632.pdf
Phil& Beth,
Nice work on your memo.
Today, Mike Brass explained how his client sees the need for a zoning change in order to operate their business
at the site. Their preference is to create a service district instead of rezoning to industrial use. They feel a service
district may give them more flexibility to rent the two, 5000 sqft bays then intend to construct on the site for
rental to third-parties. Mike has another parcel that could benefit from a service district.
Mike is working on another proposed sale of the Lessard property on 20th. (see attached, and below). He makes
a good point that there are more than 5 parcels in that vicinity which may benefit from zoning changes. In
addition to the Lessard parcel, there is also the 'Muellner Blacktop'parcel to consider. In any event, it is very
important to maintain or create a buffer between Industrial and Residential districts.
Kurt
Kurt B. Glaser
Attorney At Law
Smith & Glaser, LLC
333 Washington Avenue
405 Union Plaza Building
Minneapolis, Minnesota 55401-1370
612-333-6513
612-333-3821 fax
KurtGlaser CkGlaserlaw.Net
---------- Forwarded message ---------
From: Brass, Mike<Mike.BrassL,colliers.com>
Date: Thu, Jan 31, 2019 at 11:15 AM
Subject: zoning
To: kurtglaserkglaserlaw.net<kurt.lg aserkglaserlaw.net>
Kurt
In addition the service district would allow the sale of the Lessard land on 20th if the"Storage buildings
excluding outside storage" stayed in.
You could add a caveat that they had to be single level if within 50' of residential.
This use would create a nice buffer for the residential behind the site
I
I will be out of Town February 2 thru the gth
I will be back in the office Monday February 1 1th
Mike Birass
Vice President I North Suburban Office
Direct 952 837 3054 1 Mobile 612 750 4312
Main 952 897 7700 1 Fax 952 541 8054
mike.brass( golliers.com
View My Listings
Colliers International I Minneapolis-St. Paul
5985 Rice Creek Parkway I Suite 105
Shoreview, MN 55126 1 United States
www.coiliers.com
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Colliers International I Welsh C oirnpoinies
41, A M I
C:.d>cIscalting Engineers P.A.
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TABLE 156-A.1 District Allowed Uses 8/15/2015
0 0 ^ 0 0 0 0 o ooa coy
4 0' 2= o' o' Q� o' Q- o' Q� cc' 4i o' . o. g o. g o. Q• o. d
Use Category and Use Type
Agricultural Uses
Crop production and vegetable gardening P
Produce stands for products raised on the P
Dremises
Tree nurseries and sod farms P
Horses,livestock and fowl,not exceeding a
density of one horse or livestock animal per P
acre or three fowl per acre
Group Living Uses
Nursing homes C
Residential-Care for six or Fewer Persons P P P P P P P P
(Except Juvenile Sex Offender Treatment)
Residential-Care for Juvenile Sex Offender C
Treatment for up to six persons.
Residentlai-Care Tor seven Infougn sixteen
Persons(Except Juvenile Sex Offender
Treatment) (Subject to conditions as are C
necessary to protect the health and safety of
Family Day Care serving twelve or fewer P P P P P P P P
persons
Group Family Day Care serving 14 or fewer P P P P P P P P
persons
Licensed day care serving thirteen through C
sixteen persons
Licensed day care serving seventeen or more C C C
persons
Specialized Care Facility C C C
Household Living Uses
Single-family detached dwellings at a density P
not exceeding one home per ten acres
Single-family detached dwellings P P P P
Single-family attached dwellings with up to two P
dwelling units per building
Single-family attached dwellings with up to C
twelve dwelling units per acre
Single-family attached or detached dwellings
where in combination with multi-family PUD
dwellings on the development property meet
the district density goal
Manufactured housing development,park,or PUD
cooperative 156.019
Multi-family projects PUD PUD PUD
Public parks and recreation uses P P P P P P P P
Residential accessory uses as further reguated
in this chapter P P P P P P 156.107
Home Occupations P P P P P P 156.102
Commercial Uses
Accessory Buildings P P 156.040 H), 156.107
Adult and Sexually oriented businesses as C
further regulated in this code 110.01-110.99
Veterinary Clinic C 90.01-90.09
Pet Shop C C
90.01-90.09
Kennel C
90.01-90.09
TABLE 156-A.1 District Allowed Uses 8/15/2015
0 0 ^ 0 0 0 0 o o.coy
^ O V O ry�O ^� Off' 9` O h On' ^ OM �. Oa ^ Oh ry Oh ^ Oy -'o
4 o Q o
Use Category and Use Type ^h ^h ^y ^h ^ ^y ^h ^h ^`� ^h ^h Q Fa
Automobile and motorized equipment sales C
Barber/beauty salons P PUD PUD
Commercial Uses
Building Supply sales and storage yards C
Business and Professional Offices P P PUD PUD
Car washes P
Commercial schools P
Commercial recreation P C PUD PUD
Construction trade offices and yards P
Day care-see Group Living Uses
Day care facility C C C C C P C C
Eating and drinking establishments P PUD PUD
Farm Implement sales and service C
Financial institutions P PUD PUD
Fuel sales P C
Funeral homes and mortuaries C
Hospitals C
Hotels and motels P PUD
Liquor stores P PUD PUD
Medical Clinic P PUD PUD
Machine and repair shops-inside building only C P
Personal and professional business offices P P PUD PUD
Public buildings C C C C C C P P PUD P
Public utility buildings and structures C C C C C C P P P
Theatres and recreational businesses P PUD
Retail sales and service,but excluding adult- P PUD PUD
oriented businesses
Industrial Uses
Indoor Shooting/Archery Range P
Machine and repair shops P
Manufacturing,processing,assembly except
C
recycling and waste
Mini-Storage C
Research Facility,excluding animal or livestock P
Recycling and Waste Processing entirely within C
the principle structure
Truck Terminal C
Warehouse/Distribution P
CODES
Interim Use I
"1 These references
Permitted Use p are for guidance only
and are not intended to
Conditional Use C
include all applicable
Planned Unit Development PUD sections of the code.
TABLE 156-A.1 District Allowed Uses 8/15/2015
0 0Z�Z-,iZIt4?Ie---
z1z"A* cUse Cate o and Use T e ^ ^ ^
i
1 _
Reference:
Procedures for Site Plan Review X X 156.108
Procedures for Conditional Use Permits X X X X X X X X X X X 156.320
Procedures for Planned Unit Developments X X X X 156.200
Procedures for Variances X X X X X X X X X X X 156.310
Landscape and Tree Planing Requirements X X X X X X X X X X X 156.167,156.168
Fences X X X X X X X X X X X
Building Height Limits X X X X X X X X X X X 156.121
Yards X X X X X X X X X X X 156.122
Setbacks X X X X X X X X X X X Ap endix A,Table 1
Parking Requirements X X X X X X X X X X X 156.166
Other Standards X X X X X X X X X X X 156.144
Outside Storage X X X X X X X X X X X 156.144,(M)
Shoreland Requirements X X X X X X X X X X 156.133
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, January 8, 2019 at 6:30 p.m.
PRESENT: Chairperson Darrin Mosher
Commissioner Darrell (DJ) Olson, Jr.
Commissioner Ben Fehrenbacher
Commissioner Nick Twohy
ASSENT: Commissioner Linda Broussard Vickers
Commissioner Kim Ganzel
Commissioner Mark Haiden
STAFF: City Administrator/Engineer Mark Statz
OTHERS PRESENT: City Council Liaison Russ Koski
Mr. Mike Brass, Colliers International (City's Real Estate Broker)
1. CALL TO ORDER. The meeting was called to order at 6:50 p.m. by Chairperson
Mosher. The call to order was delayed, due to lack of a quorum, until the time noted
above.
1. Roll Call - All present except Commissioners Linda Broussard Vickers, Kim
Ganzel and Mark Haiden.
H. PLEDGE OF ALLEGIANCE
111. APPROVAL OF AGENDA
No changes to the agenda were requested.
Motion by Commissioner Fehrenbacher, seconded by Commissioner Haiden to
Approve the Agenda as presented. All in favor. Motion carried.
1V. AWARDS, PRESENTATIONS,APPEARANCES
1. None.
V. PUBLIC HEARINGS
1. None.
V1. OLD BUSINESS
1. None.
Page I of 3
City of Centerville
Planning and Zoning Commission
January 8,2018
VII. NEW BUSINESS
1. Concept Plan—2021 Commerce Drive (City-owned 2.3 Acre Parcel)
Mr. Mike Brass appeared before the Commission stating that Midwest Best Water Sales,
Inc. submitted a purchase agreement for the property and desired to construct a 25,000
square foot building which they would house 15,000 square feet and rent two 5,000 square
feet spaces.
Mr. Pat McKasy, owner — Midwest Best Water Sales, Inc. introduced himself to the
commission and stated that they assemble, warehouse, service and repair equipment
associated with machines that are installed in grocery stores (Coburns/SuperValu) that
dispense purified water in refillable containers. Mr. McKasy stated that their business is in
14 states with 150 accounts added annually and they have 22 employees with five (5) of
them within their Minnesota facility. He stated that they currently rent space in a building
on Apollo Drive and they desire to own their own building and need additional space. Mr.
McKasy stated that he constructed a home in Centerville years ago and would be happy to
operate his business in the community.
Lengthy discussion was had regarding the current zoning being B-1 Commercial, whether
the business and rental space would fit with the district. Other options, such as rezoning
the parcel to I-1 Industrial or creating a light industrial district were discussed, along with
the potential ramifications of such actions.
In general, the commission seemed welcoming of the business and thought that the site
would be a good place for them, if zoning issues could be worked out. The Commission
thanked Mr. Brass and Mr. McKasy for their time and stated that they would be in contact
with them.
No action was taken on this issue as it was a concept plan submittal.
VIII. APPROVAL OF MINUTES
1. Planning & Zoning Commission December 4, 2018 Meeting Minutes
Chairperson Mosher provided an opportunity for members to make modifications.
Motion by Commissioner Fehrenbacher, seconded by Commissioner Twohv to
Approve the December 4, 2018 meeting minutes as presented. All in favor. Motion
carried.
IX. Announcements and Updates
1. Council Member Liaison
Council Member Koski gave a brief update of recent Council activity.
Page 2 of 3
City of Centerville
Planning and Zoning Commission
Januay 8,2018
X. ADJOURNMENT
Motion by Commissioner Fehrenbacher, seconded by Commissioner Twohy, to
adiourn the meeting at 8:17 p.m. All in favor. Motion carried.
Page 3 of 3
CITY OF CENTERVILLE
ECONOMIC DEVELOPMENT AUTHORITY/PLANNING & ZONING COMMISSION
JOINT MEETING MINUTES
January 16, 2019
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held a regularly scheduled
Economic Development Authority meeting and a specially scheduled Planning and Zoning
Commission Meeting,jointly on January 16, 2019 at City Hall, 1880 Main Street.
I. CALL TO ORDER
President Hanzal called the meeting of the EDA to order at 6:34 p.m.
Chair Mosher called the meeting of the P&Z Commission to order at 6:34 p.m.
It was decided that President Hanzal would preside over the joint meeting on behalf of both the
EDA and P&Z Commission.
H. SWEARING IN OF NEW MEMERS
1. Mr. Michael Giovinazzo
2. Mr. D. Love
3. Ms. Michelle Lakso
City Administrator Statz swore in Mr. Michael Giovinazzo and Council appointments D. Love
and Michelle Lakso.
III. ROLL CALL
EDA Members
PRESENT: President Jeff Hanzal
Vice-President Jim Weatherhead
Mr. Michael Giovinazzo
Council Member D. Love
Council Member Michelle Lakso Ot A
P & Z Members—Lack of Quorum
Chairperson Darrin Mosher
Commissioner Ben Fehrenbacher
Commissioner Darrel Olson
ABSENT: EDA:
None
P&Z:
Commissioner Kim Ganzel
City of Centerville
EDA/P&Z Meeting Minutes
January 16,2019
Commissioner Nick Twohy
Commissioner Mark Haiden
Commissioner Linda Brussard-Vickers
STAFF: City Administrator Mark Statz
City Attorney Kurt Glaser
IV. APPROVAL OF AGENDA
President Jeff Hanzal provided an opportunity for modification to the agenda.
Motion by Commission Member Love, seconded by Commission Member Weatherhead to
approve the order of the Agenda as submitted. All in favor. Motion carried.
V. APPROVAL OF MINUTES
President Hanzal provided an opportunity for modifications to be made to the submitted
December 5, 2018 meeting minutes.
Motion by Commission Member Weatherhead, seconded by Commission Member Hanzal
to approve the Minutes of the December 5, 2018 Meeting as presented. All in favor. Motion
carried.
VI. BILLS AND COMMUNICATIONS
1. Bills
(a) None
VII. REPORTS
1. None
VIII. OLD BUSINESS
1. None
VII. NEW BUSINESS
1. Downtown Block 7 Presentation
(a) Truline Construction—Mr. Chris Harchanko
Administrator Statz stated that he had met with Mr. Chris Harchanko regarding the
redevelopment of the city-owned property on Block 7 of the downtown. Mr. Harchanko's
company, Truline Construction is interested in purchasing the property and redeveloping it into a
63-unit apartment complex with a small reserve space for retail opportunities. Parking for the
Page 2 of 3
City of Centerville
EDA/P&Z Meeting Minutes
January 16,2019
facility would be a combination of below ground and surface parking. Total parking spots would
be 63 underground and 65 above ground.
Mr. Chris Harchanko, presented information on his company, their vision for the site, past
projects completed and provided pictures of sample architecture that could be incorporated into
the proposed building.
Mr. David Harchanko was also present. He is a licensed architect and would provide design
services for the project, under the umbrella of a partner company, named Apollo Development.
He fielded questions from the group regarding architectural treatments, market conditions and
other elements of the project.
Ms. Rebecca Bohl, 1680 Sorel Street, was recognized by President Hanzal. She stated that she
was a neighbor of the proposed project. Her concerns were regarding noise and light pollution
onto her property and asked if considerations would be made to mitigate those issues. Mr. David
Harchanko said that they have used berming, fencing, plantings or combinations of all 3 to
alleviate these issues on past projects.
Mr. Steve King, 1724 Sorel Street, was recognized by President Hanzal. Mr. King is a resident
in the downtown area. He had several questions for the board and prospective developer
regarding potential buyouts of adjacent homes and timing of the development. Mr. David
Harchanko said that they had not yet approached any neighbors regarding potential acquisitions
and at this point were not planning on doing so. However, he did not rule that possibility out.
Mr. Chris Harchanko stated that he felt a late fall groundbreaking would be a realistic timeline if
the project were to move forward.
Both the EDA and P&Z Commission generally looked favorably upon the proposed
redevelopment project, as proposed.
No formal action was taken since the presentation was only a concept plan and no formal
application has been made to the city.
VIII. ADJOURNMENT
Motion by Commission Member Giovinazzo, seconded by Commission Member
Weatherhead to Adjourn the EDA/P &Z Joint meeting of January 16, 2019 at 8:20 p.m.
All in favor. Motion carried.
Respectfully submitted by EDA Secretary, Teresa Bender
Page 3 of 3