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HomeMy WebLinkAbout2019-02-05 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, February 5, 2019 at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Darrell (DJ) Olson, Jr. (Arrived at 6:40 p.m.) Commissioner Nick Twohy Commissioner Linda Broussard Vickers 0 Commissioner Kim Ganzel U Commissioner Mark Haiden ABSENT: Commissioner Ben Fehrenbacher STAFF: City Clerk, Teresa Bender OTHERS PRESENT: City Council Liaison Russ Koski City Engineer, Phil Carlson (Stantec) L CALL TO ORDER. The meeting was called to order at 6:30 p.m. by Chairperson Mosher. 1. Roll Call- All present except Commissioner Fehrenbacher II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA No changes to the agenda were requested. 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 HEARINGS 1. Interim Use Permit—Rehbein's Black Dirt Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to Open the Public Hearing at 6:32 p.m. All in favor. Motion carried. City Clerk Bender stated that upon the expiration (December 31, 2018) of the existing IUP issued to Rehbein's Black Dirt on February 1, 2014 Administrator Statz met with Mr. Matt Rehbein to discuss the completion of the operation or an extension/new request for an NP. Mr. Rehbein's desire was to continue operations on the site, he submitted an application Pagel of 5 City of Centerville Planning and Zoning Commission February 5,2019 for an Interim Use Permit, paid associated fees and presented a letter of support from United Properties who holds a standing purchase agreement on the property. Ms. Bender stated that in the packet, Administrator Statz recapped the meeting with Mr. Rehbein which lists requirements that were discussed. Ms. Bender stated that the same list is incorporated in the presented Findings of Fact and Draft Interim Use Permit contained in the packet. Mr. Rehbein was present and stated that he concurred with the Findings and was agreeable to the Draft Interim Use Permit. The Commission questioned whether noise complaints had been received, if there were difficulties with the current operation or enforcement issues. Ms. Bender stated that no noise complaints had been received, have had issues with street sweeping and miscommunication regarding a No Rise Certificate in the past. Ms. Bender stated that Mr. Matt Rehbein has been responsive to calls and requests. The Commission also questioned accounting and oversite of hauling records. Mr. Rehbein stated that data has been kept on their end, reconciled monthly and forwarded to the City for review. Mr. Rehbein questioned Ms. Bender whether there have been problems/inaccuracies in the past and Ms. Bender replied no. Mr. Nick Arnt, Arnt Construction, stated that the Rehbein's and United Properties desired to improve the site to become "pad ready" for two (2) building sites. He stated that this would allow for more desirable sites as the construction timeframe would be shortened along with making marketing easier. Discussion ensued regarding equipment availability for street sweeping. Mr. Rehbein stated that he has equipment available along with Mr. Arnt stating that he has two (2) street sweepers depending upon availability. Commissioner Broussard Vickers, seconded by Commissioner Haiden to Close the Public Hearing at 6:40 p.m. All in favor. Motion carried. VI. OLD BUSINESS 1. Old Mill Estates —Preliminary Plat Revision/Amendment City Clerk Bender stated that Mr. Todd Christensen has requested that the Planning & Zoning Commission and City Council consider the removal of Phase III of the originally submitted Preliminary Plat. Mr. Christensen has stated that Phase III would have required a very large amount of wetland fill and if contained in the original plat, the project would not have moved forward in 2019. Motion by Commissioner Broussard Vickers, seconded by Commissioner Twohy to Approve the Revised Preliminary Plat with all Conditions Contained in the Original Preliminary Plat Approval Except for Condition #2 (pertaining to the easterly lots) (P & Z Minutes 7/31/2018). All in favor. Motion carried. Page 2 of 5 City of Centerville Planning and Zoning Commission February 5,2019 2. Bay View Villas —Planned Unit Development/Conditional Use Permit (PUD/CUP) Revision/Amendment Ms. Bender stated that City Attorney Glaser has submitted a recommendation for action regarding the previously approved PUD for CUP associated with Bay View Villas. She stated that a recent meeting between staff, Mr. Tom Budzynski (TJB Homes), Mr. Jim Boo and Mr. Rich DeFoe had taken place and the Attorney's recommendation stems from those discussions to allow lap pools and hot tubs to be installed on a patio or underneath decks of the homes within the development. City Attorney Glaser along with the Developer agreed that safety fencing would be allowed around the pool or hot tub rather than the perimeter of the lot reducing clutter or adverse sightlines on the smaller lots. He further stated that the Homeowner's Association would restrict the height of safety fencing around these "lap pools" or"hot tubs" to be 4 feet and regulate the type and styles of these fences. Mr. Rich DeFoe, 7265 Main Street, stated that he intended on purchasing a lot within the Bay View Villas development and desired to have a full sized pool. He stated that at the time of the above meeting he misunderstood the definition of water-oriented accessory structures and accessory structures. He did not realize that he would not be allowed to install a full sized pool with required fencing. Ms. Bender contacted City Attorney Glaser via telephone for clarification of language contained in his recommendation. City Attorney Glaser stated that Mr. DeFoe's current property and swimming pool are and will be allowed with the develop. However, if Mr. DeFoe is intending on purchasing a lot within the Bay View Villas development full sized pools and required fencing would not be allowed by the HOA. Lengthy discussion was had regarding the timeframe for making a decision on the item. Mr. DeFoe requested that a decision sooner would be better for all concerned as marketing of the homes is essential. Lengthy discussion ensued regarding the possibility of the Commission making recommendation to Council to approve the recommendations of City Attorney Glaser at this time and Mr. DeFoe coming back to the Commission at a later date requesting full sized pools or whether the items should be tabled to formalize the inclusion of full sized pools. Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to Table this item Recommending Council to Take Action if Deemed Suitable with the Inclusion of Swimming Pools. All in favor. Motion carried. The Commission did desire to acknowledge their support for Mr. DeFoe and the installation of a full size swimming pool on one larger lot. Page 3 of 5 City of Centerville Planning and Zoning Commission February 5,2019 VII. NEW BUSINESS 1. Interim Use Permit—Rehbein's Black Dirt Action was taken on this item following the closed of the public hearing. Motion by Commissioner Broussard Vickers, seconded by Commissioner Ganzel Recommend to Council Approval of the presented Interim Use Permit based on the Findings of Fact and Recommendation of Staff. All in favor. Motion carried. 2. 20th Avenue/Commerce Drive Zoning Discussion Mr. Phil Carlson stated that Midwest Best Water, Inc. is interested in purchasing 7030 — 20'h Avenue/2061 Commerce Drive to operate their assemble and warehouse operation. Ms. Bender reported that they have submitted a purchase agreement, it has been discussed at Council and Council has authorized staff to negotiate a purchase price. She stated that staff is unaware if an agreeable purchase price has been secured. Mr. Carlson stated that the property is currently zoned B-1 (Commercial) and does not believe that this business fits into any Use Category and Use Types for the district. He stated that a more proper zoning would be I-1 (Industrial). He referred the Commission to his submitted memorandum and possible recommendations for assisting this company and the City in long-term zoning strategies. He explained that the City could rezone the property to I-1 (Industrial) which fits the assembly and warehousing portion of the business, but it would need to encompass additional parcels otherwise it could appear to be spot zoning. He stated that rezoning 2065 Commerce Drive would seem appropriate along with the City's parcel south of the site, the Sheehy parcel and that portion of the Rehbein parcel that is bisected with zoning of B-1 & Z-1. He also discussed that the Commission has discussed a "Service District" or may incorporate a new zoning district which would allow for optimum usage along with marketing trends. Mr. Carlson's discussion also contained previous discussions regarding mini-storage and an allowable zoning district other than I-1 (Industrial). Mr. Carlson stated that it is important to determine the zoning desired by the negotiating party as the sale of the property could be dependent upon same. However, he also cautioned the Commission as to a purchasers desire to "have their cake and eat it too". He stated that the Commission should always consider the reasonableness of the zoning. Lengthy discussion was had regarding the timing of needed modifications, the required public hearings if modifications were made for zoning or code modification and the addition of a new district, whether the use fit existing zoning with a conditional use permit as being determined as same or similar uses as the existing code. Council Liaison Koski stated that a Light Industrial zone may be fitting for both this business and mini-storage and the Commission may desire to look in that direction. Page 4 of 5 City of Centerville Planning and Zoning Commission February 5,2019 Mr. Carlson stated that a listing of permitted uses, conditional uses and under what conditions those could be granted would be the perfect world and should be taken under advisement. Commissioner Broussard Vickers requested that Staff provide suggested Zoning Districts and neighboring communities of similar size districts so that the Commission had an opportunity for review. Motion by Commissioner Broussard Vickers, seconded by Commissioner Ganzel to Schedule a Work Session to Discuss Zoning Districts, Use Category and Use Types for districts and Reviewing Neighboring Communities of Similar Size Districts in the near Future. All in favor. Motion carried. VIII. APPROVAL OF MINUTES 1. Planning & Zoning Commission January 8, 2019 Meeting Minutes Chairperson Mosher provided an opportunity for members to make modifications. Motion by Commissioner Ganzel, seconded by Commissioner Twohy to Approve the January 8, 2019 meeting minutes as presented. Commissioners Broussard Vickers and Haiden Abstained. Motion carried. 2. EDA & Planning & Zoning Commission January 16, 2019 Meeting Minutes The Commission questioned whether there was a need to approve the meeting minutes as there was a lack of quorum at the meeting. City Clerk Bender stated that staff would place the item back on the agenda if needed. IX. Announcements and Updates 1. Council Member Liaison Council Member Koski gave a brief update of recent Council activity. He stated that several members were sworn into office of Council and new EDA members. He updated the Commission of Council Liaisons appointed to Committees/Commissions. Council Member Koski provided information regarding the Fire Steering Committee's concerns regarding the hiring of Duty Crew individuals for day-time firefighter responders and ramifications to the Fire District budget/tax levy. He stated that Chief Lundstrom will be forwarding to Council several recommendations regarding the need for staffing the fire stations during the day. X. ADJOURNMENT Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden, to adiourn the meeting at 8:48 p.m. All in favor. Motion carried. Page 5 of 5