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HomeMy WebLinkAbout2006-07-11 Packet ter'lJi{{e 'Esta6{isfiet{ 1857 PLANNING AND ZONING COMMISSION MEETING AGENDA TUESDAY, July 11, 2006 6:30 p.m. L CALL TO ORDER 1. Roll Call n. APPEARANCE8IPRESENTATlON(S) m. PUBLIC BEARING (8) 1. Consideration of Amending Chapter 154.060: Commercial District (8-1) for Residential Occupancy Above Grade Floor 2. Consideration of Amending Chapter 154.016: Non-Conforming Uses and Structures IV. OLD BUSINESS v. NEW BUSINESS VL DISCUSSION ITEMS VB. CONSIDERATION OF MINUTES 1. June 6, 2006 Planning and Zoning Meeting Minutes vm. ADJOURNMENT ervi{{e 'Estafiisfied 18..."1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE PUBLIC HEARING NOTICE PLANNING AND ZONING COMMISSION JULY 11,2006,6:30 P.M. OR SHORTLY THEREAFTER NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City of Centerville has scheduled a public hearing to obtain public input regarding amending language contained in Chapter 154.060: Commercial District (B-1) of the City Code. Said proposed language amendment would allow interim use in the Commercial District (B-1) for residential occupancy above the grade floor level of the principal building, but not above an accessory building. The Planning and Zoning Commission will meet on Tuesday, July 11, 2006 at 6:30 p.m. or shortly thereafter. The meeting will be held in Council Chambers at City Hall, 1880 Main Street, unless otherwise notified. The City Hall is ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m. July 7, 2006. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: dlarson@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. June 14, 2006 Teresa Bender, City Clerk Published in the Quad Community Press on June 27 and July 4, 2006 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE # , Second Series AN ORDINANCE AMENDING Cl1Y CODE. CHAPTER 154.060: COMMERCIAL DISTRICT B-1 THE CITY COUNCn. OF THE CITY OF CENTERVD..LE ORDAINS: Section 1. Section 154.060 of the Centerville City Code is hereby amended by changing the existing label of paragraph (M) to (N) and inserting the following paragraph as subsection M, (M) Interim Uses. (1) Residential uses above the grade floor level of the principal building, but not above an accessory building. ~on 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this _ day of Centerville. . 2006. by the City Council of the City of tervi{{e 'Esta6[isfr.ea 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE PUBLIC BEARING NOTICE PLANNING AND ZONING COMMISSION JULY 11,2006,6:30 P.M. OR SHORTLY THEREAFfER NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City of Centerville has scheduled a public hearing to obtain public input regarding amending language contained in Chapter 154.016: Non...conforming Uses and Structures of tbe City Code. Said proposed language amendment would allow construction of one detached accessory building, not exceeding 200 square feet will be considered an incidental alteration, and may be permitted in conjunction with a legal, non-conforming use, provided it purpose is solely for storage and that setback, lot coverage and other requirements of the district are complied with and construction of an uncovered deck or porch, not exceeding 100 square feet, construction of fences and construction of above ground pools up to 15 feet in diameter shall be considered incidental alterations, and may be permitted in conjunction with a legal non-confonning use, provided lot coverage and other requirements of the district are complied with. The Planning and Zoning Commission will meet on Tuesday, July 11, 2006 at 6:30 p.m. or shortly thereafter. The meeting will be held in Council Chambers at City Hall, 1880 Main Street, unless otherwise notified. The City Hall is ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m. July 7, 2006. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: dlarson@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. June 14, 2006 Teresa Bender, City Clerk Published in the Quad Community Press on June 27 and July 4, 2006 CI1Y OF CENTERVILLE ANOKA COUN'IY, MINNESOTA ORDINANCE # _, Second Series AN ORDINANCE AMENDING CITY CODE, CHAPTER 154.016: NONCONFORMING USES AND STRUCTURES THE CITY COUNCn. OF THE CITY OF CENTERvnLE ORDAINS: Section 1. Section 154.016 of the Centerville City Code is hereby amended by adding the following paragraphs as subsections (0) and (H): (G) Construction of one detached accessory building, not exceeding 200 square feet will be considered an incidental alteration, and may be permitted in conjunction with a legal, non-conforming use, provided its purpose is solely for storage and that setback, lot coverage and other requirements of the district are complied with. (H) Construction of an uncovered deck or porch, not exceeding 100 square feet, construction of fences and construction of above ground pools up to 1 S feet in diameter shall be considered incidental alterations, and may be permitted in conjunction with a legal, non-conforming use, provided lot coverage and other requirements of the district are complied with. Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this _ day of Centerville. . 2006, by the City Council of the City of CITY OF CENTERVILLE PLANNING AND WNING COMMISSION JUNE 6, 2006 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on June 6, 2006, at 6:30 p. m. PRESENT: Brian Hanson JeffHanzal Bob Wright D. Love Tom Wood ABSENT: Pangell, Klennert Hunt COUNCIL: Council Member Terway STAFF: Mr. Larson I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. IL APPEARANCES 1. Mr. Keith J. McDonald. Shingobee Builders. Inc.. Review Transportation Issues No appearance. III. PUBLIC HEARING(S) 1. Conditional Use Permit ReQuest. Anoka County - Realignment of Clearwater Creek Chair Hanson opened the public hearing at 6:30 p.m. City Administrator Larson outlined the application for the Commission. Nathan Will from SRF was present to answer questions regarding the proposal. Chair Hanson asked how far the creek was being moved. Mr. Will estimated it to be approximately 115 feet or so. Page 1 of8 Commissioner Wright asked how close the bend comes to the house. Mr. Will indicated that 1701 Dupre is approximately 75 feet from the creek relocation. Commissioner Hanzal asked about the ordinary high water setback. City Administrator Larson indicated it would be 100 feet from the ordinary high water mark. Commissioner Wood asked if it would change the configuration of the flood plain. City Administrator Larson indicated that there will be an impact on the floodway and part of the recommendation would be to require the County to solicit a letter of map revision from FEMA to delineate that new floodway boundary. Commissioner Wood asked if there will be some way of keeping it from cutting out the bank and taking more property. Mr. Will indicated that Rice Creek likes natural banks and they will put rip rap in and cover it with a topsoil layer to allow the roots to grow down through it. Chair Hanson asked if there would be a need for flood insurance on that property. City Administrator Larson indicated that the County would need to certify that the carrying capacity of the creek has not changed. Commissioner Hanzal asked if the land being used is coming from the property owner. City Administrator Larson indicated that Anoka County is acquiring that property. Chair Hanson asked whether the size of the holding pond would be adequate to ensure that it would not overflow its banks and enter the creek. Mr. Will indicated there is an outlet pipe to remove overflow water rather than overtopping. Commissioner Hanzal asked if the flow of the creek will be stopped during construction. Mr. Will indicated that they intend to tackle this during winter when there is little to no flow. Commissioner Hanzal asked about concerns with silt being carried downstream. Mr. Will indicated that they are required to accommodate and take care of the silt so that it is not carried through the watershed. Page 2 of8 Motion bv Commissioner BanzaI. seconded by Commissioner Love. to close the public hearine:. AU in favor. Motion carried unanimouslv. City Administrator Larson indicated that action would be needed this evening on this matter. Commissioner Hanzal asked if it affects the cemetery at all. City Administrator Larson indicated it should not. Motion by Chair Hanson. seconded bv Commissioner Wood to table. AU in favor. Motion carried unanimouslv. 2. Consideration of Amending Chapter 154 of the Centerville Code - Amending Language Relating to Permissible Encroachments into Front Yards Chair Hanson opened the public hearing at 6:43 p.m. There were no public comments. Motion bv Commissioner Love. seconded bv Commissioner Wood. to close the public heariDe:. AU in favor. Motion carried unanimouslv. Motion by Commissioner. seconded bv Commissioner Hanzal. to recommend approval of the amendment to Chanter 154 of the Centerville Code. AU in favor. Motion carried unanimouslv. IV. OLD BUSINESS None. V. NEW BUSINESS 1. Transfer of Use Permit (Performance Auto to Launderville's Auto Repair) 7139-20th Avenue City Administrator Larson indicated the property was leased and someone else moved in to do the same thing and there was a permit issued and the request has been to transfer the permit. Commissioner Love asked if there would be conditions placed now that would not have been then. City Administrator Larson indicated that there may be disassembled cars sitting out or noise but there are regulations in place to cover those issues. Page 3 of8 Commissioner Hanzal asked if there is a fence behind the business. Commissioner Love said that he wants to be consistent and fair because there have been a number of new businesses coming in and they have been held to the letter of the law and older businesses are being allowed to do some things and he does not want to grandfather them in. City Administrator Larson indicated that this is an allowed conditional use in that district. He then suggested allowing a six month period and then reviewing it. Commissioner Hanzal indicated that the lease may have things to protect the landlord. Commissioner Wood indicated that there are requirements of storage and use of hazardous materials. Motion by Commissioner Banzai. seconded by Commissioner Wood. adoDt the rmdin2S and recommendation as drafted includine: a condition for review of Derformance issues within six months. All in favor. Motion carried unanimouslv. 2. Consider Code Change to Allow Small Accessory Buildings by Non-Conforming Uses City Administrator Larson indicated that the rezoning of the downtown area created some rigid regulations on some of the properties concerning constructing accessory buildings and garages. This change would allow exceptions to allow a 200 square foot accessory building as an incidental alteration provided that it is solely for storage. Chair Hanson agreed that something needs to be done. City Administrator Larson indicated that this would require a public hearing before moving forward. Chair Hanson asked about thoughts about this for porches or smaller decks for homes that do not have them. City Administrator Larson suggested a deck or porch up to 100 square feet be added. Joe Highland of 1680 Heritage Street asked whether they could hook up to City water without violating the expansion of nonconforming use restrictions. The Commission indicated that they could. Dave Fisher of 7072 Centerville Road asked what was done and why. Chair Hanson provided an overview and update of what the process and decision to establish regulations to implement the downtown redevelopment master plan. Page 4 of8 Mr. Fischer asked why this was necessary. Chair Hanson indicated that the City was not trying to reduce values but established rules to encourage redevelopment of the downtown. He then said that the City is trying to make some allowances to allow for decks, porches and small accessory structures as a compromise. Ms. Fisher indicated that they are in the middle of this and they are getting nowhere. Mr. Fischer indicated that this is a hardship for them. Chair Hanson indicated that there are good reasons why the City didn't sign on to the first development proposal that came forward, but instead slowed down on the development because they were asking for a lot from the City and that could have cost all taxpayers. Chair Hanson said that the reason this is being discussed is to help ease the hardship between now and when redevelopment occurs. Mr. Fisher asked how long this restriction will go on because the moratorium did not allow building and then that became zoning law so he still cannot build. He then said that they and their neighbors are stuck with this waiting until a developer comes to buy the property from them as it cannot be sold residential. He then said that the City is dictating what they can"do with their investment and he does not think it is right. Mr. Fisher asked when this City is going to decide how long to allow the opportunity for development before putting an end date on this. Chair Hanson said there is no end date listed for this but the City has said they will look at it in five years to see how it is progressing. Mr. Fisher asked for clarification on building detached garage and he cannot build an attached garage either. City Administrator Larson indicated that Fischer's garage proposal cannot be done now but it could have been done to some degree before the master plan was implemented and the zoning was changed. Commissioner Love asked if there was a request in place prior to this that was pending. City Administrator Larson indicated the request came in about the same time as the moratorium was imposed. Ms. Fisher indicated that there was nothing mentioned to them about this. Page 5 of8 Commissioner Love indicated that he would like to check the dates on when things were submitted. Mr. Fisher indicated that he started this process in 2003 then was called to active duty and had to put it on hold but when he was deactivated it was something he wanted to do again but that conflicted with the master plan of the City. Mr. Fisher indicated there was never a permit or application filed. Mr. Fisher indicated that no one got back to them about this and then they heard about the moratorium and then the zoning was changed. Commissioner Hanzal said that he agrees that if the City said they would contact him and did not that would be very inconsiderate. Commissioner Love said that if there was a specific size limitation at that time and the moratorium was not in place he would feel that it would be right to allow a smaller structure. Chair Hanson indicated Staff will look into dates and when things happened and get back to the Fishers with the information. The Commission agreed to include uncovered decks and porches and fences up to 100 square feet. Commissioner Wood stated that from a real estate market value pools actually devalue property . The Commission agreed to add pools for the public hearing discussion. City Administrator Larson asked about a depth maximum or gallon maximum. Motion by Commissioner Banzai. seconded bv Wri2ht. to set a Dublic hearine: to consider an amendment of Section 154-016 Accessory BuDdin!: Structures not exceedin!: 200 feet and Dorches and decks 100 square feet. fences and above 2round Dools 15 foot diameter bv 4 feet in heit!ht. All in favor. Motion carried unanimouslv. 3. Residential Use in Coni unction with B-1 (Commercial) Uses - Sedona Homes Mr. Keleher addressed the Commission indicated that they were approached last week by a party interested in an office unit and they have a computer business with websites and computer solutions and they would like to have living space above the business while their new home is being built. Page 6 of8 Mr. Keleher indicated that Maplewood allows it as a permitted use and asked the Commission to consider it and provide feedback on the possibility of doing so. City Administrator Larson indicated that this is not uncommon but in this area it is not being done as of yet. He then said that one community allowed it on the second floor of their general business district but not above the rest of its business zones. He then said he asked the planner about issues and he said that the concern that most communities would have is the incompatibility because businesses operate on longer hours than residents would like. City Administrator Larson indicated that access should be from the rear with parking in the rear as there is residential use adjoining the business district. Mr. Keleher indicated that they have minimum activity and this couple is looking about a two year period while their new home is being built. Chair Hanson indicated that he would want to have no external storage of boats or anything other than a vehicle. Chair Hanson asked if there are separate entrances. Mr. Keleher indicated that there is only one stairway in the front and they were designed to be separated with doorways from upper and lower levels. He then said that they could have a separate doorway for the upstairs area. Commissioner Hanzal suggested that a secondary access may be required. City Administrator Larson indicated that as long as there are egress windows on the sleeping rooms there should not be an issue. City Administrator Larson indicated that a small negative would be a slight decrease in taxes as a portion of it would be homestead residential. City Administrator Larson indicated the allowance could be worded to allow residential use by the owner of the business. Commissioner Wood asked if the tenants were asked about having someone living there. Mr. Keleher indicated he spoke to the title company and they had no issue and they are the only tenant at this time. Commissioner Love indicated he would like it as a temporary trial basis to see how it goes rather than a permanent change at this time to the Code. Commissioner Hanzal indicated he has no big issue with it. Page 7 of8 Commissioner Wood indicated that this helps in small towns to supplement business rent by renting out the upstairs. Chair Hanson said he would like to do interim use to see how it goes but not a permanent change. The Commission agreed to do an interim permit to allow a trial run for this type of situation. Motion by Commissioner Wood, seconded by Commissioner Love, to set a public hearing to allow an interim use permit. All in favor. Motion carried unanimously. 4. Realiimment of Clearwater Creek City Administrator Larson indicated that the DNR made some revisions and those were provided. Motion by Commissioner Wood. seconded bv Commissioner Hanzal. to recommend approval adoptine: the report and recommendation for the CUP to relocate Clearwater Creek. All in favor. Motion carried unanimouslv. VI. DISCUSSION ITEMS None. VII. CONSIDERATION OF MINUTES 1. May 2. 2006 Planning and Zoning Meeting Minutes Motion bv Commissioner Banzai. seconded by Commissioner Wood to approve the Minutes ofMav 2. 2006. as presented All in favor. Motion carried unanimously. VIII. ADJOURNMENT Motion by Commissioner Wood. seconded by Commissioner Love to Adiourn the June 6. 2006 Plannine: Commission Meetine: at 8:23 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of8