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Home My WebLink About2006-08-01 Packet tervi{{e 'EstafiL,fw{ 1857 PLANNING AND ZONING COMMISSION MEETING AGENDA Tl ESDA Y. August I, 2006 6:30 p.m. L CALL TO ORDER 1. Roll Call n. APPEARANCES/PRESENTA TION(S) m. PUBLIC HEARING (S) IV. OLD BUSINESS V. NEW BUSINESS 1. Review Application for Preliminary PlatILot Splits (7030 - 20th Avenue South) 20th Avenue Backage Road - Schedule Public Hearing VI. DISCUSSION ITEMS VIL CONSIDERATION OF MINUTES 1. July 11, 2006 Planning and Zoning Meeting Minutes VDL ADJOURNMENT tervi{[e 'Esta6[isliea 1857 1880 'Main Street . Centervir{e, 'M:N 55038 (651) 429-3232 . Pa:( (651) 429-8629 CITY OF CENTERVILLE APPLICATION FOR PRELIMINARY PLAT DATE PAID: Any additional costs incurred for FEE: wA-1 v;;;-D + Engineering, legal fess, publication or other reauirements. SlREET LOCATION OF PROPERTY: 2.o'~ Av~"",~ LEGAL DESCRIPTION OF PROPERTY: "t-\ ~ <;..1.. ~ , * / u. -- ;;) ~ ;~2, -' Z 2S ..- f~,~Lt' SIZE OF PARCEL (8): I '/.. j ~ <-- PROPERTY OWNER: Qi~ 1 , PHONE#: ~~)- t./2-1~?:,.1-1 "L,. FEE OWNER: (2 ;t'( b..r Ce~\..e..r-"i lie.. ADDRESS: J <:!I q 0 tv( c..:"",,- q.. , APPLICANTS INTEREST IN PROPERTY: )0 FEE OWNER LEASE HOLDER CONTRACT PURCHASER OPTION TO PURCHASE DESCRIPTION OF REQUEST: ,,~ A g'v..h! ~ v ( $. ; ~ ~~~~~~~~%~,~ REASON FOR REQUEST: By paying the above stated fee, I understand that no refimds will be issued in full or in part, at any time, even if the outcome is denial. Si&~ ----- ~42.~ Signature of property owner --. 1,. -~l-o~ Date '';Oocs'O'" 9-M -- WARRANTY DEED ' (Top 3:inches Reserved for Recording Data) ~iIIer/Davis .Co. l!:> St. Paul. ~N 651.642-1988 .l: . Mmnesota Urnfonn Conveyancmg Blanks (6/1197) Corporation or Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company . DEED TAX DUE: $ Date: ~ , 200fi FOR VALUABLE CONSIDERATION, I,GL, LI,C a limited liahility company Grantor, hereby conveys and warrants to under the laws of City of Centerville Minnesota Grantee, a municipal corporation under the laws of Minnesota real property in Anoka County, Minnesota, described as follows: The South Half of the Southwest Quarter of the Northwest Quarter, except the east 330 feet thereof, Section 24, Township 31 North, Range 22 West, Anoka County, Minnesota. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: suhject to the &rmitted Encumbrances described on Exhibit A attached hereto Check box if applicable: , I;zJ The Seller certifies that the' seller does not know of any wells on the described real property. o A well disclosure certificate accompanies this document. o I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. LGL,LLC STATE OF MINNESOTA COUNTY OF ANOKA }" BY~~ Its ~ o/~ P'" By Affix Deed Tax Stamp Here This instrument was acknowledged before me on by -k 11) cI 1Jnftty the Gh I/'\Cn.~~ of T .m" LI .C Its :S~~y lo ,2006 (Date) and and a limited liability company on behalf of the under the laws of Minnesota NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK): ~~ 'VV"VvVvV\lV'h/\/vVvVVVV,^^^l\lI,Nv\N,^ \:! !' " -'.. MICHELE A f\MU\CI\O-BI~LDWIN ~ 'i~ ;; Notary PulJiic-lvHnnesota < ...",." My Commission Expires Jan 31, 2009 J fa \f'V\rV\^fvV"....N\lV!..,,/\l'\f'lJ\l\/\/\/VVV"'^^A.I''''^V~ /fYI celrr{y ~ THIS INSTRUMENT WAS DRAFTED:BY (NAME AND ADDRESS): SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered (Torrens) 0 Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): City of Centerville 1880 Main Street Centerville, MN 55038-9794 CHARLES M. SEYKORA BARNA, GUZY & STEFFEN, LTD. 400 NORTHTOWN FINANCIAL PLAZA 200 COON RAPIDS BLVD. MINNEAPOLIS, MN 55433-5894 763-780-8500 WARNING: UNAUTHORIZED COPYING Of THIS fORM PROHIBITED. ~. .. .J ,. EXIllBIT A Permitted Encumbrances a. Building and zoning laws, ordinances, state and federal regulations. b. Restrictions relating to use or improvement of the Property without effective forfeiture provIsIons. c. Reservation of any mineral rights by the State of Minnesota. d. Utility and drainage easements which do not interfere with existing or planned improvements. e. The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year 2006, subject to proration thereof at the time of Closing. f. Exceptions to title which constitute encumbrances, restrictions or easements which have been disclosed to Grantee and accepted by Grantee in the Purchase Agreement (if any). g. Subject to highway easement in favor of the County of Anoka as set forth in Highway Easement recorded as Document No. 331862 on January 8, 1970. h. Subject to easement to Sheehy Construction Company, as grantor, in favor of Rice Creek Watershed District, grantee, dated April 12, 1996, recorded on September 18, 1997 as Document No. 1297636, granting a perpetual ponding and flowage easement over, on and upon and across land described in said document as amended. 333132 1 60 "--"I- 0'" ~;;: ~< lr) <1J <1J::: -r:: ~ "-- "-- 0 0"1- <1J'" .S ;;: ~lr) ~1! " ~ I "-- 60 ~ I.C) 1: I OWNER & DEVELOPER City of Centerville Dallas Larson, Administrator 1880 Main Street, Centerville, MN 55038 Telephone: (651) 429 3232 SURVEYOR Bonestroo, Rosene, Anderlik & Associates Peter M. Wagenaar, Professional Land Surveyor Minnesota License No. 12282 Telephone: (651 )967 -4632 1- --- 305 If ~ -.- - +-+ - I \ I , Cl II , I I t", ~ ; ;' I "'::::'l:) Drainage & Utility ~~/ @ ---Easement (Typ) I fI- 70 ~ I ~- 20 20 --I I II 1 I C) LiJ 107,077 Sq.Ft. I '" I I ' c I I __ I.,..... -\- \-- -', I-I.-~- I I I " , ' - ~ ' I ,/ ' I I~ , I - , ' - / I~ I I I J IL -~ - C) ~LlL 111 C) 245 -- -- 402 Centerline of 20th Avenue (Co. Rd No 54) per Document no 337862 ,. ,r" I ,r - ~,- r.... I ~ , I ! \ I J I I J - ~ / I- <" / I \ I I I V L./ '" ,.-' / . \ I 1-' t._ N88056'17"E 984. "- _ _ _ _ 303 _ _ t_: i:: "-- - north line of the 51/2 of Co t : Tl " the 5W7/4 of the NW7/4 ~ /1 1 t- "" Cl;1 -_ , II --=--Building Setback (Typ) ~~ I " \ , _ \ 'J _,_ , ~:. \1' \ ~ \ \.- - 1 I ~- 1 I I I I I L 20 .. /..... \-- , ' / ' I' I ~... '. ',,,.,,~,,n 'f... \ e'v OC - \ ~ I - \ ~ \ ~ , / I 1 r --1 I J 20 , ~ Cl 0\ , 303 _ ~ _ L 208 OUTLOT C 23,691 SqIt. OUTLOT A 73 200,152 SqFt. Drainage & Utility Easement Over All of Outlot A ~ - south line of the 57/2 of / / 975 the 5W7/4 of the NW7/4 N88055'54"E 984.00 SITE INFORMATION EXISTING ZONING: 1-1 (Industhal) Setbacks (per City): Front = 50 Ft, Rear = 30 Ft, Side = 20 Ft I I I " \ ~\ I \ "~ ~ ~ I I LiJI "'I 1-- 20 ~ 1 L f , , ' I ~ 'r , l~_ C) 0\, ~ ,_ -.27Q _ ~ 'J ll) - /' _ c , (__ ~ ....1 _ / \'\J 61 56 <J NOTE THE LOT DIMENSIONS AND AREAS ON THIS PLAN ARE APPROXIMATED. REFER TO THE FINAL PLAT AND SUPPORTING DATA FOR EXACT LOT DIMENSIONS AND AREAS. AREAS LOTS: 325,024 SO. FT or 7,4615 ACRES OUTLOT 237,637 SO FT or 5,4554 ACRES PROPOSED ROW.. 87,773 SO FT or 2.0150 ACRES TOTAL SITE AREA: 650,434 SO. FT or 14.9319 ACRES SURVEYORS NOTES THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. NO SEARCH FOR RECORDED OR UNRECORDED EASEMENTS WAS MADE BY THE SURVEYOR AS A PART OF THIS SURVEY. LOT SUMMARY LOTS: 3 AVERAGE LOT SIZE IS 108,341 SOFT or 2,4872 ACRES +1 -, -I : G I I I I I I \ I I I -----1 -------10J 316 .. , ' ,>- \..) \ 3 111,160 Sq.Ft. '"JI Cl '"J 137 , " _ \ ~ 'r I -\ \ I \ I \ 'I ~ f ~ ~ t \ I I o 50 ..... Scale in feet 30 330 \ "--"I- 0'" ~;;: ~< lr) <1J Q)::: -r:: ~ "-- "-- 0 0"1- Q)'" S ;;: ~lr) V) <1J 2::: I "- '" '" _ wes t line of the eos t 330 OJ feet of the 57/2 of the ~ 5W7/4 of the NW7/4 ~ \.0 \.0 == ~ 30 l!J ,fvJ , /' \'" \ \ \ '>l \ , " .- -.. ~ '- \ \ -: 'r .( ,,'- , " (.... \ \ ~ \ I I ~ I 'I 'I " - "I- C'\J ~ LEGAL DESCRIPTION: That part of the South Half of the Southwest Quarter of the Northwest Quarter of Section 24, Township 31 North, Range 22 West, Anoka County, Minnesota, lying westerly of the East 330 feet thereof 100 , ~ I ~ 0 z "' , ro ~ o ~ z ~ ~ ~ ~ '" 0 ~ g w 0 ~ no ro N g <.J ::J ~ no no 0 ~Q~ :s~~ .~'Cl gVlS~ <(....00 Uul..J(fJ ~~~~ ~~~~ .:::!'O:::'" S~8~ (; a.z~,< 0 Vl=:lWt:; ~ ~g'3w 0 l-w~~ ~ 1::::!'=:>LL ::;: l- >-00,- C:1D<((fJ ~ ~ ~ ~ ~ ~. ~g~~ ~ ~g:~ffi ~ ~;~~ ~ ~ o ~ o o ~ :J G,)~M8...-4 u"''''~~ U >-.-t \0 T"'l ~, .- f'IJ...-4 """ M ::: ~Lt"lJ>'( o ~~ rri ~ ~ -I:E:~'f ::J... ..1.f')...-4 a lalfl-;\Dl.l1fi Do. ~ ~ 4i ~ ~ii?- ...:; Lll . c: X v, U)~tn~~ N "- ! :g o ~ l3 l'l ecu~-:u~~ 1;; c:'L:'u ~ i' cucucuo '" g ~-g III .. 100:<(<( 1" ~ ~~~I E o o +D ~ OVJ (f)~ WI:: z::::! 0 /' z~ 0:: ::Ex: C- O ~ c ..<( E WD- 1:' .....J-1 .....J<( D- >6:: 0::1- W~ t-O zZ W () 61605143V401,dwg SHEET NU!.IBE:R 1 of 1 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 11, 2006 Pursuant to due call and notice the~eof, the Planning and Zoning Commission held their regularly scheduled meeting on July 11, 200~, at 6:30 p.m. PRESENT: Acting Chaitperson Jennefer Klennert Hunt Commissioner JeffHanzal Commissionh Bob Wright Commissioner Mark Pangell Commissioner D. Love t\. .H" l [f ABSENT: ~ Chairperson13rian Hanson Commissioner Tom Wood COUNCIL: Richard Tetway STAFF: '.'l"( i Dallas Larson " . I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. II. APPEARANCES None. m PUBLIC BEARING(S) 1. Consideration of Amending Chapter 154.060: Commercial District (B-1) for Residential Occupancy Above Grade Floor. Vice Chair Klennert Hunt opened the public hearing at 6:33 p.m. City Administrator Larson stated this was requested by a business developer, Mr. Paul Keleher, who had a client that had previously expressed an interest in residential occupancy above grade floor. However, that client was no longer requesting this, so there was no pressure to approve this tonight. Vice Chair Klennert Hunt asked if this had been discussed at the prior meeting. Page 1 of5 Planning and Zoning Commission Meeting Minutes July 11, 2006 Commissioner Hanzal stated it had been discussed and there were no concerns noted. City Administrator Larson stated one concern he had was setting a time frame under the interim use. If they chose not to end the use, it could create a situation where the City would be put into a position of trying to force someone out of their home, but that was the risk of permitting a temporary interim use. Commissioner Hanzal asked if the responsibility would land on the landlord or the City. City Administrator Larson responded it could be the landlord who would be responsible for removing a tenant who lived above their business, but either way, we could be asking someone to leave his homestead. He stated the City Attorney had reviewed this and he had some concerns and had recommended some findings. Commissioner Love stated he had expressed concerns at the previous meeting of having low rent in commercial areas, but he was willing to give this an interim try. He stated now that there was no pressure to do this; he wanted to explore their real thoughts on pushing this through. City Administrator Larson stated there were communities that had residential above a commercial use, but as noted these tended to be the lowest rental apartments in the community and there were downsides to having this. Vice Chair Klennert Hunt asked if there were any tax implications. City Administrator Larson responded this would generate lower taxes than if it was just a commercial use, and the resident living on the second floor could claim this as a homestead. Commissioner Hanzal asked how many areas in the City could use this type of proposal. City Administrator Larson responded there were a number of opportunities where this could happen in the City. Some of the existing buildings were one story, so they were not likely to request this type of use. Vice Chair Klennert Hunt stated she had a concern regarding mixing uses. Commissioner Hanzal noted just because other cities were doing it did not mean they had to do it also, and he did not see the urgency to push this through right now. City Administrator Larson stated this would give a potential business developer the opportunity for an additional revenue stream, but there were potential problems that could be created also. Page 2 of6 Planning and Zoning Commission Meeting Minutes July 11,2006 Commissioner Pangell stated he personally wanted to see the commercial area remain commercial use with no residential. He noted they already had a downtown area with a mixed use. Commissioner Wright stated he too could also see some potential problems this could create. Council Member Terway stated he agreed with most of the comments and there were pros and cons to this, but he agreed there was no reason to push this through. He stated he hated to restrict someone to how they used their property, but he also did not want to create potential problems. He stated they needed to take more time and give this more thought and exploration. He indicated he would be more amenable if this was only used as a temporary situation. City Administrator Larson responded the issue with having it as a temporary interim use, was that it could be difficult to get someone out of the rental if the time period passed and they refused to move. He stated they had the option of passing this, postponing it, or denying it. There were no public comments. Motion by Commissioner Love.. seconded by Commissioner Paneell to close tbe public bearine. All in favor. Motion carried unanimously. Vice Chair Klennert Hunt closed the public hearing at 6:48 p.m. Commissioner Love stated he wanted to table this for further exploration. Commissioner Pangell agreed with having this tabled. Commissioner Hanzal agreed and believed they needed a definite proposal to look at. Commissioner Wright stated he agreed to tabling this also. Motion by Commissioner Love. seconded by Commissioner Paneell to table indefinitely Amending Cbapter 154.060: Commercial District (B~l) for Residential Occupancy Above Grade Floor. All in favor. Motion carried. 2. Consideration of Amending Chapter 154.016: Non-Conforming Uses and Structures. Vice Chair Klennert Hunt opened the public hearing at 6:51 p.m. City Administrator Larson stated at the last meeting they had discussed allowing small accessory buildings to be constructed and adding uncovered decks, porches, and small swimming pools as additional opportunities for minor alterations to nonconforming uses. Page 3 of6 Planning and Zoning Commission Meeting Minutes July 11, 2006 There were no public comments. Commissioner Pangell inquired about porches and having them uncovered. City Administrator Larson noted porches were usually in the front of the home and had some type of covering over them, while decks did not have a covering. Vice Chair Klennert Hunt asked if they wanted to add the terminology: Construction of an uncovered deck and open porch. Commissioner Love stated with the 100-foot limitation, they were not talking about a lot of expansion. Vice Chair Klennert Hunt asked if this amendment would apply universally to the entire City, or just certain areas. City Administrator Larson responded this would apply to the entire City. Vice Chair Klennert Hunt asked if a resident already had a deck which was larger than this requirement, would they be able to put it back to its prior condition. City Administrator Larson responded there was language dealing with this type of a situation in the Chapter, but he believed they would be allowed to rebuild the deck to its prior condition and this would only apply to new decks being added. Motion by Commissioner Pan!!:ell. seconded by Commissioner Love to close the public heann!!:. All in favor. Motion carned unanimously. Vice Chair Klennert Hunt closed the public hearing at 7:02 p.m. Commissioner Love stated he agreed with the wording as presented. Commissioner Wright stated he believed they were heading in the right direction with this. Council Member Terway stated this would allow people to do a little bit of what they wanted to do, but not so much that they were not willing to redevelop when the time came. Vice Chair Klennert Hunt stated she believed this sent a good message to the downtown residents. Motion by Commissioner Pane:ell. seconded by Commissioner Love. to recommend Council approval of the adoption of Amendin!!: Chapter 154.016: Non-Conformim~ Page 4 of6 Planillng and Zoning Commission Meeting Minutes July 11,2006 Uses and Structures with the addition of the word "uncovered" ahead of the word "porch.". All in favor. Motion carried. IV. OLD BUSINESS None. v. NEW BUSINESS None. VI. DISCUSSION ITEMS City Administrator Larson stated the Council was holding a work session on August 9 to meet with the developer who was interested in the redevelopment of the Downtown area and the Planning Commissioners were invited to this work session. City Administrator Larson reviewed the. latest proposal on how the downtown intersection would look. He noted the plan !tas been tentatively approved by the Council with some minor changes. He indicated the County appeared to be okay with most of this, except with the trees overhanging the cutb line, but he believed this could be worked out with the County. Commissioner Love asked if they knew how long County Road 14 would be closed down. City Administrator Larson responded right now it would probably be closed for a total of 7 months with total closure from the west. He noted construction would begin in 2007 and continue in 2008. He indicated Wargo Nature Center entrance would probably be closed for that seven month period. He indicated they were hoping to go out for bids by December of this year. Commissioner Pangell asked if it was possible plans to put a pedestrianfbike tunnel under the road. City Administrator Larson responded that the City had applied for a grant to build a tunnel under CSAH 14, parallel to the creek for bikes and pedestrians and then they would need to build a trail to the school. He indicated this was a competitive project and met the standards of the Safe Way to School Program. City Administrator Larson stated the City has also been working on Backage Road. He presented the street plan for Backage Road for the Commissioners review. VII. CONSIDERA TION OF MINUTES 1. June 6. 2006 Planning and Zoning Meeting Minutes Page 5 of6 I , Planning and Zoning Commission Meeting Minutes July 11,2006 No changes were made to the June 6, 2006 Planning and Zoning Meeting Minutes. Motion by Commissioner BanzaI. seconded by Commissioner Love. to approve tbe Minutes of June 6. 2006. as presented. All in favor. Motion carried unanimously. vm. ADJOURNMENT Motion by Commissioner Love. seconded by Commissioner Pan2:ell. to Adiourn tbe July 11. 2006 Planning Commission Meetin2: at 7:35 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 6 of6