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HomeMy WebLinkAbout2020-10-20 P & Z Minutes - Approved 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, October 20, 2020 at 6:32 p.m. by Chairman Darrin Mosher via Zoom videoconferencing. I. CALL TO ORDER 1. Roll Call Present:* Chairman Darrin Mosher Vice Chairman Mark Haiden Commissioner John Krueger Commissioner Darrell (DJ) Olson Commissioner Nick Twohy Commissioner Linda Broussard-Vickers Absent: Commissioner Fehrenbacher Staff: City Administrator, Mark Statz Council Liaison, Russ Koski City Attorney Kurt Glaser *Note that “present” is construed to mean that the noted individuals were visibly and audibly present on the videoconference call II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. III. APPROVAL OF AGENDA Motion by Commissioner Broussard-Vickers, seconded by Commissioner Twohy. A roll call vote was taken. All in Favor. Motion carried. IV. PUBLIC HEARINGS 1. Preliminary Plat-Centerville Elementary School Addition City Administrator Statz explained that this project was not related to the currently proposed addition, but was remaining from a project the school district completed approximately two years ago when they rearranged the school parking lot and expanded their parking. The City code states that parking cannot exist on a lot that does not contain the primary structure, so in order to meet City of Centerville Planning and Zoning Minutes October 20, 2020 the code the school decided to re-plat their land to make their parcels into one lot. When attempting to re-plat their property, they discovered that were some small pieces of land between the school and five neighboring properties that were never platted at all due to the way the property lines were originally drawn in the 1800’s. The City asked the school to survey the slivers of land and either include them in their plat or offer them to the neighbors. The school decided to give the land to the neighbors, who in turn donated their land back to the school. All of the neighbors have signed deeds saying that they do not lay claim to the property and the school has included it as part of their plat. Since it has been more than a year since the plat was approved, the City would like to go through the preliminary plat process. This should be an expedited process and will be on the next Council Agenda, provided that this commission approves it. Motion by Commissioner Broussard-Vickers to open the Public Hearing, seconded by Vice Chairman Haiden. All in favor. Motion Carries. City Administrator Statz explained that Mr. Patrick Chaffey and Superintendent Brian Dietz were present to answer any questions the public may have. Mr. Steve King, 1724 Sorel Street, asked for clarification regarding the total amount of property donated to the school, and what were the advantages of re-platting the land versus obtaining a Conditional Use Permit. City Administrator Statz explained that the property did not belong to either the school or the neighbors, rather it was unclaimed land that the neighbors decided to forgo any rights to and leave for the school to claim. As far as the re-platting, CAS explained that while he did not wish to speak for the school, he assumed that the school district most likely saw it as the easiest method to meet the code. By doing this, any financial transaction that took place in the future would be simplified because now there would be one lot. Vice-Chairman Haiden asked if the property owner’s taxes would have been raised had they decided to keep the land. City Administrator Statz stated that he did not know the motives of the neighbors who donated their property, but he assumed that they realized that it would be simpler for them with transactional issues. Motion by Commissioner Broussard-Vickers to close the Public Hearing, seconded by Chairman Mosher. A roll call vote was taken. All in favor. Motion carried. Motion by Commissioner Broussard-Vickers to approve the Preliminary Plat for Centerville Elementary, seconded by Vice-Chairman Haiden . A roll call vote was taken. All in favor. Motion carried. 2. Ordinance Review Chapter 90 Farm Animals – Section 90.03 City Administrator Statz explained that the City would like to make changes to the ordinance on backyard chickens. They would like to expand the definition of a run to add some external area to the caged area, to expand the number of chickens allowed from four to six, to increase the amount of time a homeowner can go without chickens before having to tear down their coop, and to mandate that chickens that were in the external caged area must be supervised. City of Centerville Planning and Zoning Minutes October 20, 2020 Discussion was had regarding the height of the fence for the coop and it was decided that language would be added stating that the height of the fencing would be governed by the maximum height in the fence ordinance. Motion by Commissioner Broussard-Vickers to close the Public Hearing, seconded by Commissioner Olson. A roll call vote was taken. All in favor. Motion carried. Motion by Commissioner Broussard-Vickers to approve the changes to Chapter 90 Farm Animals as presented and modified, seconded by Commissioner Krueger. A roll call vote was taken. All in favor. Motion carried. 3. Ordinance Review Chapter 91 Public Nuisances Affecting Health – Section 91.04; Chapter 93 Maintenance of Adjoining Right of Way – Section 93.04 City Administrator Statz explained that the City currently does not have an ordinance that regulates the maximum height of grass allowed in the yard. The ordinance regulates the maximum height of weeds and the length of grass on the city right of way. The City would like to change the ordinance to include the length of grass in the yard. Chairman Mosher opened the public hearing. Mr. Steve King, 1724 Sorrel St, asked how much of this move to change the ordinance was complaint driven. He also asked about restoration companies that would seed projects for the City. City Administrator Statz stated that approximately 90% of the letters that are written regarding long grass are complaint driven, and that companies hired by the City are required to provide a weed-free product. Motion by Commissioner Broussard-Vickers to close the Public Hearing on Chapter 91 Public Nuisances, seconded by Chairman Mosher. A roll call vote was taken. All in favor. Motion carried. Motion by Vice-Chairman Haiden, seconded by Commissioner Krueger to accept the changes to Chapter 91 Public Nuisances. A roll call vote was taken. The vote was5-0 in favor, with Commissioner Broussard-Vickers abstaining. Motion carried. 4. Ordinance Review Chapter 156 – Section 156.031 Main Street Commercial District (B-2); Table 156-A-1 Table of Allowed Uses. City Administrator Statz explained that on the table of allowed uses, some of the items under conditional uses had not been listed. He asked if the Commission still feels that specialized care facilities should continue to be conditional uses in B1 and B2 districts. He stated that there are some sites where those uses may not be appropriate, and questioned whether or not the Commission still feels like Main Street is an appropriate place for those facilities. He did not City of Centerville Planning and Zoning Minutes October 20, 2020 recommend placing such facilities near the freeway, because he would prefer to have retail on sites with such high visibility. Commissioner Haiden asked if the city could deny someone building something there since it is a conditional use. City Attorney Kurt Glaser that if someone met the conditions, the city cannot deny them. Commissioner Broussard-Vickers stated that nursing homes provided a lot of jobs because they are staffed 24 hours per day, families go there to visit, and if there is assisted living, then people enjoy getting out and going for a walk. She said she felt that there had been little retail come to the city, and she did not want to disallow these facilities in the few spots that are left because there is a burgeoning need for them. Chairman Mosher opened the Public Hearing on Ordinance Review Chapter 156-Section 15.031 Main Street Commercial District (B-2); Table 156-A-1 Table of Allowed Uses. Mr. Steve King, 1724 Sorrel Street, asked if police and fire calls to these facilities were figured into funding formulas, and whether or not they were non-profit versus for-profit. City Administrator Statz explained that all police and fire calls are included in the formulas, and that Atlas Villas is a for-profit organization. Mr. Statz asked City Attorney Kurt Glaser if the city could create an ordinance that a facility had to be a for-profit organization if we allowed a non-profit in a different zoning district. Mr. Glaser stated that you need a reason to mandate that without being discriminatory. Mr. King stated that he does not want specialized care facilities in those districts because we have very little land, and felt that the city should not fill up empty lots with businesses that don’t generate tax revenue. City Attorney Kurt Glaser informed him that not all non-profit businesses are tax-exempt. Motion by Commissioner Broussard Vickers to close the Public Hearing on Ordinance Review Chapter 156 – Section 156.031 Main Street Commercial District (B-2); Table 156-A- 1 Table of Allowed Uses, seconded by Chairman Mosher. A roll call vote was taken. All in favor. Motion carried. Motion by Vice-Chairman Haiden to remove the letter C, from the B-2 column, disallowing specialized care facilities in B-2 zoning districts, seconded by Commissioner Krueger. A roll call vote was taken. The outcome was 4-2 in favor of the motion with Twohy and Broussard Vickers opposed. City of Centerville Planning and Zoning Minutes October 20, 2020 5. Ordinance Review Chapter 156 – section 156.040 Industrial District (I-1); Section 156.144.M.2 Other Standards. City Administrator Statz explained that the current City code allows outdoor storage, but it is not clear whether or not a principal structure is required in order to use the property for outdoor storage, and there are no restrictions on the amount of storage allowed. In the B-1 district however, storage is restricted to 50% of the building area, and in the B-2 district we allow very minimal outdoor storage. Staff contacted neighboring cities to see what is allowed, and discovered that the City of Lino Lakes has a 2.5:1 ratio. The City’s proposal is that we start with a 2.5:1 ratio and create some small changes to the ordinance. City Attorney Kurt Glaser spoke about the changes he made to this ordinance:  Outdoor storage needs to be on a lot that has a primary structure (can’t use an adjacent lot), thus eliminating the possibility of someone purchasing a lot only to use it for outdoor storage.  Buffer zones for commercial property that abuts residential were found to be more strenuous than those for industrial properties abutting residential. Mr. Glaser applied the more conservative rules to industrial properties.  The City code states that having outdoor storage requires a site plan review, but the section on site plan review did not include outdoor storage.  Outdoor storage was defined as an accessory use.  The ratio of building footprint to outdoor storage is now defined as 2.5:1. City Administrator Statz showed a picture of what a 2.5:1 ratio would like, like and suggested that the commission create a better definition of outdoor storage in the future. Considerable discussion ensued regarding various restrictions that might be good to incorporate into an expanded ordinance. Chairman Mosher opened the Public Hearing for Ordinance Review – Chapter 156 There were no public comments. Motion by Commissioner Broussard-Vickers, seconded by Commissioner Olson, to close the Public Hearing on Ordinance Review Chapter 156 – section 156.040 Industrial District (I- 1); Section 156.144.M.2 Other Standards. A roll call vote was taken. All in favor. Motion carried. Motion by Vice-Chairman Haiden, seconded by Commissioner Broussard-Vickers to accept the changes to Chapter 156 – section 156.040 Industrial District (I-1); Section 156.144.M.2 Other Standards as presented . A roll call vote was taken. All in favor. Motion carried. V. AWARDS, PRESENTATIONS AND APPEARANCES 1. None City of Centerville Planning and Zoning Minutes October 20, 2020 VI. OLD BUSINESS 1. None VII. NEW BUSINESS - Each item in New Business was previously handled out of order, immediately after its respective Public Hearing. 1. Preliminary Plat – Centerville Elementary School Addition 2. Ordinance Review Chapter 90 Farm Animals – Section 90.03 3. Ordinance Review Chapter 91 Public Nuisances Affecting Health – Section 91.04; Chapter 93 Maintenance of Adjoining Right of Way – Section 93.04 4. Ordinance Review Chapter 156 – Section 156.031 Main Street Commercial District (B-2); Table 156-A-1 Table of allowed Uses 5. Ordinance Review Chapter 156 – Section 156.040 Industrial District (I-1); Section 156.144.M.2 Other Standards VII. APPROVAL OF MINUTES – This item was removed from the agenda. 1. September 1, 2020 Planning & Zoning Commission Meeting Minutes VIII. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison Council Member Koski stated that there was nothing to report. 2. Administrator’s Report City Administrator Statz reported that the downtown street project was paved with a “winter wedge” so the city could plow without damaging the curb. He is expecting that the final lift of asphalt will be completed in 2021, but may be put off until 2022. The contractors are working on restoring the area and will start hydro-seeding instead of placing sod. City Council voted last week to give property owners a rebate of approximately $200.00 (depending on their assessment) due to the change from sod to hydro-seed. Old Mill Estates plans to start paving the week of October 26, 2020, but they are unsure whether or not they can get the wear course down for the first addition, and they are trying to get here before the city has to plow. Trails and sidewalks are also an issue. Bayview Villas is slowly working on their list of items to complete such as mailboxes, street signs, entrance monuments and landscaping. Atlas Villas is clearing trees and have turned in a building permit application. We are still waiting on a SAC determination from the Met Council. City of Centerville Planning and Zoning Minutes October 20, 2020 The mini-storage building is under construction. They have poured a couple of slabs and the trail has been patched in. The City Hall office area is completely gutted. Staff members will each have their own office for Covid-safety. Council Chambers and the lobby will be completed next. Early voting is still available at City Hall. Staff will move in to Council Chambers when voting season is complete. Mr. Statz reported that he hopes to resume in-person meetings in early 2021. Chairman Mosher asked if voting was available at City Hall on Saturday, October 31, 2020. Mr. Statz stated that voting was available that day, and would be available for extended hours on Monday, November 1, 2020, which is the day before the election. He also stated that voting on Election Day would take place at St. Genevieve’s Church. Commissioner Broussard-Vickers asked if the November meeting would be changed. City Administrator Statz explained that the meeting calendar was decided at the end of 2020, and due to the election, the meeting had already been moved to November 10, 2020. X. ADJOURNMENT Motion by Commissioner Broussard-Vickers, seconded by Kruger to adjourn the October 20, 2020 Planning and Zoning Committee Meeting at 8:19 p.m. A roll call vote was taken. All in favor. Motion carried.