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HomeMy WebLinkAbout2021-12-07 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, December 7, 2021 6:30 p.m. Meeting is being held in-person! Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. Sign Ordinance Î Inclusion of B-2 (Main Street Commercial District) 2. Park Dedication Fees V. AWARDS, PRESENTATIONS, APPEARANCES 1. None VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. Recommend Proposed Sign Ordinance to City Council 2. Recommend Proposed Park Dedication Fees to City Council 3. Commission 2022 Re-Appointments VIII.APPROVAL OF MINUTES 1. August 4, 2020 Planning & Zoning Commission Meeting Minutes 2. November 2, 2021 Planning & Zoning Commission Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison 2. AdministratorÓs Report X. ADJOURNMENT INFORMATION 2022 Meeting Calendar REMINDERS Parks & Recreation Committee Î Wednesday, January 5, 2022 City Council Meeting Î Wednesday, December 8, 2021 Economic Development Authority Î Wednesday, December 15, 2021 Cancelled Planning & Zoning Commission Î Tuesday, January 4, 2022 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: December 7, 2021 Planning and Zoning IV.1 TITLE OF ISSUE: Public Hearing - Ordinance Modifications - Sign Ordinance BACKGROUND AND SUPPLEMENTAL INFORMATION: A Public Hearing notice was published regarding minor changes to city code: Sign Ordinance - Addition of the B-2 Main Street Commercial Zoning District to the ordinance. COST AND SOURCE(S) OF FUNDING: Minor publication costs (general fund) REQUESTED ACTION: Open the Public Hearing. Take Public Input. Motion to Close the Public Hearing. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: December 7, 2021 Planning and Zoning IV.2 TITLE OF ISSUE: Public Hearing - Ordinance Modifications - Park Dedication BACKGROUND AND SUPPLEMENTAL INFORMATION: A Public Hearing notice was published regarding minor changes to city code: Park Dedication Ordinance - Clarify requirements for multi-family development, the timing of payment for Park Dedication Fees in Commercial/Industrial developments and the calculation of land value. COST AND SOURCE(S) OF FUNDING: Minor publication costs (general fund) REQUESTED ACTION: Open the Public Hearing. Take Public Input. Motion to Close the Public Hearing. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: December 7, 2021 Planning and Zoning VII.1 TITLE OF ISSUE: Ordinance Modifications - Sign Ordinance BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff is suggesting minor changes to city code, for which a Public Hearing is necessary: Sign Ordinance - Add references to the B-2 zoning district COST AND SOURCE(S) OF FUNDING: Minor publication costs (general fund) REQUESTED ACTION: Motion to recommend approval of modifications to the city's Sign Ordinance as presented. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CHAPTER152:SIGNREGULATIONS Section General Provisions 152.01 Title 152.02 Purpose and intent 152.03 Definitions General Regulations 152.15 General regulations 152.16 Permitted signs with no permit required 152.17 Portable signs 152.18 District regulations 152.19 Comprehensive sign plan required 152.20 Adjustments and appeals 152.21 Nonconforming signs 152.22 Enforcement 152.99 Penalty GENERAL PROVISIONS § 152.01 TITLE. This chapter shall be known as the Centerville Signage Ordinance, except as herein referred to as this chapter. Ord. #39, adopted - § 152.02 PURPOSE AND INTENT. It is the purpose of this chapter to: (A) Establish a set of standards for the fabrication, erection, use and maintenance for signs, symbols, markings, advertising devices or other items that serve as visual communication media; (B) Allow creativity in sign design while at the same time ensuring that the public is not endangered, annoyed, distracted or displeased by unsafe, disorderly, indiscriminate and unnecessary use of visual communication media; and (C) Provide administration and procedures for requiring permits, payments of fees and provide for penalties for noncompliance. Ord. #39, adopted - § 152.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AREA IDENTIFICATION SIGN. A freestanding sign that identifies the name of a residential subdivision, commercial or industrial development. BILLBOARD. A sign erected for the purpose of advertising a product, event, person or subject not entirely related to the premises on which the sign is located. BUSINESS FRONTAGE. The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. CANOPY. A permanent roof structure attached to and supported by the building. CHANGEABLE COPY SIGN. Any sign that is characterized by changeable copy, letters or symbols, regardless of method of attachment. DIRECTIONAL SIGN. An on-premises sign designed to guide or direct pedestrian or vehicular traffic. DYNAMIC SIGN. Any sign that appears to have movement or that appears to change, however frequently by any method other than physically removing part of the sign or its component, whether the apparent movement is in the display, the sign structure itself or any component of the sign. This includes but is not limited to any sign that uses technology or any method that changes the image or sign face without physically changing the sign face or its components. This includes but is not limited to any rotating, revolving, moving , flashing, blinking, or animated display that includes rotating panels, LED lights manipulated through digital input or any other method that allows a sign face to display a changed image or series of images or displays. FLAGS. Devices generally made of flexible materials, such as cloth, paper or plastic, and displayed on poles, strings or wires, but excluding the flag of any country or state. FLASHING SIGN. An illuminated sign on which the illumination is not kept constant in intensity or color at all times when the sign is in use. GROUND SIGN. Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure. HISTORICAL IDENTIFICATION SYMBOLS. Those symbols which have historically been identified with the service the establishment provides, are common to similar enterprises in all other localities and are not a particular trademark or business identification. ILLUMINATED SIGN. A sign that has an artificial light source directed upon it or which has an interior light source. MAJOR ANCHOR. A single tenant in a shopping center that is at least 20 percent of the total square footage and in excess of 50,000 square feet. MOTION SIGN. A sign that revolves, rotates or moves. POLITICAL SIGN. Any sign which states the name or picture of an individual seeking election or appointment to a public office, pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies erected on private property, which is erected by a bona fide candidate for political office or by a person or group supporting the candidate, and which contains the name of the person or group chairperson responsible for the erection and removal of the sign. PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A- or T-frames; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business. PYLON SIGN. A sign installed on a post or posts, permanently anchored to the ground. SETBACK. The minimum horizontal distance between a lot line and a building line or use. SIGN. A name, identification, description, display, illustration structure or device which is affixed to or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. SIGN AREA. The entire area within a continuous perimeter enclosing a sign, exclusive of sign embellishments, which may extend beyond the perimeter as regulated herein; the perimeter shall not include any structural elements lying outside of the sign and is not an integral part of the display. Double-faced signs are permitted with the maximum square footage allowed on each face as that allowed for a single-faced sign; multi-faced sign areas may not exceed the area permitted for a single-faced sign. SIGN HEIGHT. Height shall be measured from grade to the uppermost points or level of sign surface. TEMPORARY SIGN. A sign that is not permanently affixed. All devices such as banners, pennants, flags (not intended to include flags of any nations), searchlights, twirling or sidewalk or curb signs and balloons or other air- or gas-filled figures. WALL SIGN. An advertising sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of the wall and extending not more than 15 inches from the building wall face. WINDOW SIGN. A sign affixed to or inside a window in view of the general public, but excluding merchandise on display. Ord. #39, adopted - - GENERAL REGULATIONS § 152.15 GENERAL REGULATIONS. (A) Signs are prohibited within the public right-of-way or easements, except that the City Council may grant a conditional or interim use permit to locate signs and decorations on or within the right-of-way for a specified period of time. (B) Flashing signs, motion signs or similar devices shall be prohibited in all districts except commercial district signs that meet the criteria detailed in the commercial district standards. Approved traffic signs are exempt from this provision. (C) Unless specifically allowed in this chapter, interior illuminated signs are permitted in all districts except residential. All illuminated signs shall have a shielded light source. Illuminated signs of any type may not direct light onto or across any residential property unless it is defused to less than 0.4 foot candles as measured at the adjoining property line. (D) Business signs shall not be painted, attached or in any manner affixed to trees, rocks or similar natural surfaces. No signs of any type shall be painted directly onto the roof or the sides of a building. (E) Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signals, or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. (F) Signs shall not project above the roofline of any structure. (G) No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to any structure, building or public way. (H) All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, including the replacement of defective parts, cleaning and other items required for the maintenance of the sign. Vegetation within ten feet in any direction of the base of ground signs shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. (I) No signs may be placed on utility poles in the city. (J) There may be no more than one identical sign per lot in a residentially zoned area. (K) The changing of the advertising message of a painted or printed sign, or changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this chapter and any other applicable laws. (L) No sign may by reason of its location, color or intensity create a hazard to the safe and efficient movement of vehicles or pedestrian traffic. No private sign may contain words that might be construed as traffic controls, such as ÐStop,Ñ ÐCaution,Ñ ÐWarning,Ñ or otherwise resemble any official marker erected by a governmental body or agency, unless the sign is a directional sign. (M) Billboard Signs are prohibited in all residential and mixed use zoning districts, and on any lot in any other district where there is not a principal structure conforming to the district requirements. A Billboard Sign must be located a minimum of 1000 feet from any other Billboard Sign and a minimum of 1000 feet from any residential zoning district. A billboard shall not exceed 200 square feet per side and shall not exceed a height of 35 feet. (N) A Dynamic Sign not exceeding 20 square feet may be installed as a part of a permitted freestanding or wall sign in any public (P), commercial/Main Street commercial (B-1) & (B-2), or industrial (I-1) zoning district. (1) Dynamic signs shall not change any part of the image more often than once every seven (7) seconds. (2) Brightness. The sign must not exceed a maximum illumination of 5000 nits (candelas per square meter) daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness; (3) Dimmer control. Dynamic signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between dusk (one half-hour before sunset) and dawn (one half-hour after sunrise); (4) Setback from other Dynamic signs. Dynamic signs must be separated from other dynamic signs by at least 35 feet; and (5) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in association with a Dynamic sign. Ord. #39, adopted - - § 152.16 PERMITTED SIGNS WITH NO PERMIT REQUIRED. (A) Political signs. Political signs may be posted in conformity with Minnesota Statute Section 211B.045. (B) Temporary signs. (1) Temporary Signs shall be displayed for no more than 14 days. A maximum of six occurrences per year are allowed except that searchlights may not be used more often than one occurrence per year. Banners or pennants determined to be an integral part of the design or architecture of a building are permitted; (2) One temporary identification sign, setting forth the name of the project, architect, engineers, contractors, planners and financing agencies, may be installed at a construction site in any district for the period of construction. The sign area of a temporary identification sign shall not exceed 35 square feet; (3) In any district, one temporary real estate sign may be erected for the purpose of advertising the lease or sale of property upon which it is placed. Only one sign shall be permitted per street frontage. The sign(s) shall be removed within seven days following the lease or sale of the property. (a) The maximum size of these signs for each district is as follows: 1. Residential Districts: Ten square feet; 2. Commercial/Main Street Commercial Districts: Thirty-two square feet; 3. Industrial Districts: Thirty-two square feet; 4. Mixed-Use District: Sixteen square feet; and 5. Agricultural/Rural Residential: Thirty-two square feet. (b) In any district, one temporary Ðhelp wantedÑ or Ðnow hiringÑ sign may be erected for the purpose of advertising employment positions. Only one such sign shall be permitted per street frontage. The sign shall be removed upon filling the employment position. The maximum size of these signs for each district is as follows: 1. Commercial/Main Street Commercial District: Thirty-two square feet; 2. Industrial District: Thirty-two square feet; 3. Mixed-Use District: Sixteen square feet; and 4. Agricultural/Rural Residential: Thirty-two square feet. (4) Permission of the Council must be obtained to erect the signs upon or over public property, and provided further that the signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and must be removed within three days after the event. (C) Directional signs. Directional signs having a surface area not greater than five square feet. (D) Memorial signs. Memorial signs or tablets, or names of buildings and date of erection when cut into a masonry surface or constructed of metal, wood or stone and attached to the building, not exceeding a sign surface area of four square feet. (E) Freestanding signs. Freestanding signs for garage sales or similar events occurring within the corporate limits of the city, not exceeding four square feet in sign surface area, erected on private property with permission of the landowner, and displayed for not more than three consecutive days. (F) Window signs. Temporary or permanent window signs duly authorized by zoning and other laws of this city, provided that all the signs on a frontage shall not have a total sign surface area greater than 50 percent of the glass area, excluding doors, on the frontage, and provided that a minimum of one-half of the open window space must be below a horizontal line which is five feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if the display is not to be continued for a period of more than eight weeks. (G) Sandwich boards. In B-1, B-2 and M-1 zoning districts, one sandwich board sign per business, not exceeding six square feet per side, shall be allowed, providing it does not block a sidewalk and is located within 35 feet of the main entrance to the business. Sandwich boards shall not be displayed during hours that the business is not open to customers. Ord. #39, adopted - - § 152.17 PORTABLE SIGNS. (A) Portable signs are prohibited in residential districts. Portable signs in all other districts are allowed with permit as specifically authorized below. (B) Portable signs used for the purpose of directing the public will be permitted subject to the following conditions: (1) The sign is coincidental to or used in conjunction with a public function; (2) The sign is used for a special business promotion or event; (3) The period of use for the sign shall not exceed 14 consecutive days; (4) No business may have more than six special promotions or events per year; and (5) Portable signs may not exceed 80 square feet. Ord. #39, adopted - - § 152.18 DISTRICT REGULATIONS. (A) Residential/Public Districts (R-1, R-2, R-2A, R-4, R-5, P-1, M-1, M-2). Permitted signs: (1) Residential identifications. Not more than two square feet per single family dwelling or six square feet in area for each multiple-family building. (2) Institutional identifications. Churches, schools, parks etc. allowed up to 48 square feet; not taller than eight feet. (3) Business signs. Home-based businesses may have a sign that is no larger than four square feet. The sign may not be an interior-illuminated sign. (4) Noncommercial opinion or message signs. On-premise noncommercial opinion or message signs are permitted as follows: In residential districts, each dwelling unit is permitted one additional sign which is no larger than six square feet and no higher than six feet tall. In medium and high density districts, the sign must be attached to the dwelling. No permit fee is required for a sign authorized under this paragraph. (5) Area Identification Signs. One area identification sign is permitted in conjunction with a development or subdivision, however the sign shall not exceed 48 square feet in area and 8 feet in height and shall only be permitted when a homeowner association or other responsible entity has been established that agrees in writing to maintain the sign and adjoining property. (B) Commercial/Main Street Commercial District (B-1 & B-2). A business may have one Pylon Sign or one Ground Sign in addition to permitted Wall Signs. Total surface area for all permitted signs shall not exceed 20% of the area of the largest street-side face of the building. Permitted signs: (1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure, provided the signage does not exceed ten percent of the wall area, and the sign does not exceed 200 square feet in area. (2) Ground signs. One (1) ground sign per business or business complex; provided, however, the sign does not exceed 200 square feet in area and 15 feet in height, and located a minimum of fifteen feet from any property line to the nearest supporting structure of the sign. (3) Area identification signs. One (1) area identification sign is permitted per street frontage; however, the sign does not exceed 64 square feet in area and 20 feet in height, and located a minimum of fifteen feet from any property line to the nearest supporting structure of the sign. (4) Pylon sign. One (1) pylon sign per business or business complex; provided, however, the sign does not exceed 200 square feet in area and 35 feet in height, not less than six feet from the ground to the lowest part of the sign, and located a minimum of fifteen feet from any property line to the nearest supporting structure of the sign. (5) Billboard signs. As otherwise regulated in this Chapter. (C) Industrial District (I-1). Permitted signs: (1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure provided the signage does not exceed ten percent of the wall area. (2) Ground signs. One (1) Ground sign ; provided, however, the sign does not exceed 200 square feet in area 15 feet in height and located a minimum of fifteen from any property lines. (3) Area identification signs. One area identification sign is permitted per street frontage; however, the sign does not exceed 64 square feet in area and 20 feet in height, and is not placed within ten feet of any street right-of-way. (4) Billboard signs. As otherwise regulated in this Chapter. (D) Mixed-Use Districts (M-1 & M-2). Permitted signs: (1) Wall signs. Wall signs are permitted on each public street exposure or public parking exposure, provided the signage does not exceed ten percent of the wall area. (2) Canopy signs. Signs on these structures are allowed as long as the sign area does not exceed ten percent of the wall area. (3) Ground signs. One ground sign is permitted per street frontage; however, the sign does not exceed eight feet in height and 32 feet in area. Ord. #39, adopted - -, Ord. #87, amended 01/11/2006, Ord. 2d #12, amended 09/13/2006 § 152.19 COMPREHENSIVE SIGN PLAN REQUIRED. (A) (1) A comprehensive sign plan is required at the time of Planning and Zoning Formatted: Indent: Left: 0.25", Hanging: 0.81", Tab stops: 0.75", Left + 1", Left Commission review of any proposed new commercial or industrial development. This plan shall indicate the location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for approval pursuant to the regulations of the city. (2) Building permits and inspections are necessary as required by Building Formatted: Indent: Left: 0.75", Hanging: 0.31", Tab stops: 1", Left and Electrical Code. Fees for required permits or hearings shall be set by approved annual resolution of the City Council. (B) Every application for a sign permit must be accompanied by a plan drawn to scale and including the following: (1) The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached; (2) The maximum and minimum height of the sign; (3) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated; (4) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated; (5) If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination; (6) Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached; (7) The name and address of the owner of the sign and the address of the property where the sign is located; (8) Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm; (9) When a multi-tenant comprehensive sign plan is submitted, the plan must include the location, size, height, color, lighting and orientation of all signs; and (10) Where a ground sign plan is submitted, the plan must include the location of the Formatted: Indent: Hanging: 0.31" sign in relation to the lot lines and the building height, including any difference from the established grade, size, color, lighting and hours of illumination. Ord. #39, adopted - - § 152.20 ADJUSTMENTS AND APPEALS. (A) The Commission of Adjustments and Appeals will be comprised by all members of the Planning and Zoning Committee. (B) The Planning and Zoning Committee will hear and make recommendations to the City Council regarding: (1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the city in the enforcement of this chapter; and (2) Petitions for variances from the literal provisions of this chapter in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. Criteria for granting a variance will be the same as the criteria for granting a variance in the cityÓs zoning chapter. Ord. #39, adopted - - § 152.21 NONCONFORMING SIGNS. (A) Legal, conforming. All signs existing as of the adoption date of this chapter conforming to the requirements of this chapter and not requiring a permit under the provisions of this chapter, may be maintained so long as the sign continues to comply with the provisions of this chapter, as it may from time to time be amended. (B) Legal, nonconforming signs. All signs existing as of the adoption date of this chapter which would be prohibited by ordinance or which would require a permit under this chapter but have not received a permit, will be deemed to be legal nonconforming signs. Legal nonconforming signs may continue to exist without a permit and without constituting a violation of this chapter until one or more of the following occurs: (1) The sign is structurally altered (except for normal maintenance) in a way that makes the sign less in compliance with this chapter than it was before the alteration; (2) The sign is relocated to a position making it less in compliance with this chapter than it was before the relocation; (3) The sign is replaced; and/or (4) Any new primary sign is erected or placed in connection with the enterprise using the legal nonconforming sign. Ord. #39, adopted - - § 152.22 ENFORCEMENT. (A) If a sign is in violation of this chapter, is in danger of falling, or is otherwise a menace to the safety of persons or property, the Building Official may give to the owner of the property on which the sign is located written notice specifying the violation, ordering the cessation of the violation and requiring either the removal of the sign or remedial work in the time and manner specified in the notice. (B) In the event of failure to comply with the notice within 30 days, the Building Official may remove the sign or cause the remedial work to be done. (C) The cost of the work performed by the city, must be paid to the city by the owner of the property on which the sign is located. (D) If payment is not made within 30 days after a statement of costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the county. (E) If a sign that has been removed is not reclaimed and costs paid within 30 days after its removal, the sign may be sold or otherwise disposed of by the city. (F) If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the owner of the property on which the sign is located as soon as possible. Ord. #39, adopted - - § 152.99 PENALTY. Violation of this chapter is a misdemeanor. CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: December 7, 2021 Planning and Zoning VII.2 TITLE OF ISSUE: Ordinance Modifications - Park Dedication BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff is suggesting minor changes to city code, for which a Public Hearing is necessary: Park Dedication Ordinance - Clarify requirements for multi-family development, the timing of payment for Park Dedication Fees in Commercial/Industrial developments and the calculation of land value. COST AND SOURCE(S) OF FUNDING: Minor publication costs (general fund) REQUESTED ACTION: Motion to recommend approval of modifications to the city's Park Dedication Ordinance as presented. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular SuggestedCodeAmendmentΑChapter153:SubdivisionRegulations;Section153.15General {ƷğƷĻ{ƷğƷǒƷĻΛЍЏЋ͵ЌЎБΜʹ Subd. 2b.Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.191, playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in section 462.353, subdivision 4a. (b) If a municipality adopts the ordinance or proceeds under section 462.353, subdivision 4a, as required by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in its comprehensive plan subject to the terms and conditions in this paragraph and paragraphs (c) to (i). (c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or all of the new lots created in the subdivision, based on the average fair market value of the unplatted land for which park fees have not already been paid that is, no later than at the time of final approval or under the city's adopted comprehensive plan, to be served by municipal sanitary sewer and water service or community septic and private well as authorized by state law. For purposes of redevelopment on developed land, the municipality may choose to accept a cash fee based on fair market value of the land no later than the time of final approval. "Fair market value" means the value of the land as determined by the municipality annually based on tax valuation or other relevant data. If the municipality's calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the municipality and the applicant, or based on the market value as determined by the municipality based on an independent appraisal of land in a same or similar land use category. (d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations shall give due consideration to the open space, recreational, or common areas and facilities open to the public that the applicant proposes to reserve for the subdivision. (e) The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision. (f) Cash payments received must be placed by the municipality in a special fund to be used only for the purposes for which the money was obtained. (g) Cash payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. (h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. (i) Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots. /ǒƩƩĻƓƷ/ĻƓƷĻƩǝźƌƌĻ/źƷǤ/ƚķĻͲǞźƷŷƦƩƚƦƚƭĻķĭŷğƓŭĻƭƭŷƚǞƓźƓağƩƉǒƦ͵ (A) Land dedication. In all new subdivisions, ten percent of the gross area subdivided shall be dedicated for public recreation space, with this ten percent being in addition to property dedicated for streets, alleys, easements or other public ways. No areas may be dedicated for public use until the areas have been approved as being suitable and needed for the public health, safety, convenience and/or general welfare. When the subdivision is too small for practical dedication of public land or if no land in the subdivision is suitable for that useIf the city decides that no land dedication is needed, or less than 10% of the land is needed for dedication, the subdivider shall be required to pay a Park Dedication fee as per the schedule in effect at the time of Preliminary Plat approval in lieu of such dedication. The payment of the fee shall be due in conjunction with the recording of the plat. By agreement, the city may allow the subdivider to delay payment of Park Dedication Fees to the time of the building permit issuance on each lot. However, the agreement must hold the subdivider ultimately responsible for the payment of those fees if not paid by the builder. An escrow or other security may be required to secure those funds.per lot created or ten percent of the subdivision land value, whichever is greater, prior to subdivision; the value (market) of the land shall be determined by negotiation between city and developer. Lots created in any manner that is larger than five acres or 300 feet in width shall not be subject to dedication of land for public use. A fee according to the current schedule will be charged on every building permit issued pertaining to new housing units for parks and playgrounds. For multi-family projects, each unit will be construed to be the equivalent of a ÐlotÑ. For group-living situations such as group homes, nursing homes and the like, each bed will be construed to be the equivalent of ½ lot. For redevelopment of parcels which have previously dedicated land or paid a Park Dedication Fee, the existing number of lots or units shall be subtracted from the number of new lots or units in the proposed redevelopment to calculate the fees owed. CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: December , 2021 ation VI. TITLE OF ISSUE: Annual Re-Appointment, Disclosure of Financial Interests & Payroll Documents BACKGROUND AND SUPPLEMENTAL INFORMATION: Included in your packet, you will find a packet that Staff requests you complete for re-appointment to the Committee along with Disclosure of Financial Interests, Payroll Direct Payment Authorization, 2022 W-4MN, Minnesota WithholdingAllowance/Exemption Certificate and Form I-9. We understand that not every form can be completed this evening, but we would request that the Letter of Re-Appointment and Disclosure of Financial Interests be completed and turned in to City Administrator Statz prior to leaving. The payroll documentation should be completed A packet will be placed before you at the dais so there is not need to complete and print on your own unless you desire to. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Complete items as instructed. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Packet on Dais. Other (specify) ____________ __________ __________ _______________________________________________________________ _________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular 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, August 4, 2020 at 6:30 p.m. via Zoom videoconferencing. PRESENT*: Chairperson Darrin Mosher Commissioner Ben Fehrenbacher (arrived at 6:48) Commissioner Jon Krueger Commissioner Darrell (DJ) Olson, Jr. Commissioner Mark Haiden Not Approved Commissioner Linda Broussard Vickers Commissioner Nick Twohy ABSENT: None STAFF: City Administrator/Engineer Mark Statz Planning Consultant Î Phil Carlson - Stantec City Attorney Î Kurt Glaser Council Liaison Î Russ Koski *Note that ÐpresentÑ is construed to mean that the noted individuals were visibly and audibly present on the videoconference call. I. CALL TO ORDER The meeting was called to order at 6:30 by Chairperson Darrin Mosher. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. II. APPROVAL OF AGENDA Chairperson Mosher called for changes to the agenda. No changes were requested. Motion by Commissioner Broussard-Vickers, seconded by Commissioner Krueger to approve the agenda. A roll call vote was taken. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. Easement Vacation Î 1825 Main Street Administrator Statz reviewed the ground rules for public hearings held via Zoom. Administrator Statz explained the request for vacation of the drainage and utility easement across the property at 1825 Main Street; the site of the proposed Atlas Villas Memory Care facility. The proposed development will dedicate new drainage and utility easements around the stormwater Page 1 of 5 City of Centerville Planning and Zoning Commission August 4, 2020 facilities and perimeter of the site. The easement is no longer needed since the ditch that it covers is no longer in use. Mr. Statz reviewed the public hearing mailed notices and publications. Commissioners asked questions of Mr. Statz regarding the status of the ditch, easement. Chairman Mosher declared the Public Hearing to be open at 6:44 PM. The public was given an opportunity to comment, via the ÐRaise your HandÑ function or simply by unmuting their microphone and speaking. No members of the public chose to speak or asked to be recognized. The Chairman and Commission chose to keep the public hearing open in case anyone was having difficulty with the technology. The intent was to close the public hearing, later in the agenda when the easement vacation was considered as an agenda item. V. AWARDS, PRESENTATIONS & APPEARANCES 1. EDA Strategic Plan Presentation Î Mike Giovinazzo, EDA Commissioner Mr. Giovinazzo gave a presentation on the purpose and objectives of the cityÓs EDA, outlining their future goals. Chairman Mosher asked if anyone had any questions for Mr. Giovinazzo. No members appeared to have questions. Chairman Mosher asked Mr. Giovinazzo about the EDAÓs observance of neighboring cities and developments happening within them. Mr. Giovinazzo expressed that he and the EDA was aware of surrounding development and looked at it as an opportunity to build off the regional success. Mr. Statz played a short promotional video, produced by the EDA. Commissioners and Council Liaison Koski expressed their thanks to Mr. Giovinazzo for his presentation and service to the city. 2. Variance Concept Review Î Mr. Joe Bibeau, 1840 Center Street (Driveway) Administrator Statz explained the process of a Concept Plan Review for a variance and the fact that the Commission would not make a binding decision tonight. Mr. Statz then gave a staff report, outlining the details of the proposed variance for the paving of a driveway expansion. The proposed driveway would be within 2 feet of the property line, when the setback for driveways is 5 feet. Commissioners discussed the lack of a unique situation which was beyond the control of the homeowner. Mr. Bibeau spoke and after hearing the discussion and better understanding the rules, thought there was a viable solution within the city code, remaining 24Ó wide through the right-of- way, then widening out to within 5Ó of the property line. Since this was a concept review, no official action was taken. 3. Concept Plan Review Î 2052 Gateway Circle Page 2 of 5 City of Centerville Planning and Zoning Commission August 4, 2020 Administrator Statz gave a staff review of the proposed addition to the building. He discussed the interpretation of the setbacks and noted that the proposal seems to fit within the city code as long as parking or proof of parking is addressed. Representatives from the contractor doing the proposed renovation answered commissionersÓ questions regarding the addition. They noted that the expansion was to facilitate a new piece of equipment. Also, they stated that the addition would match the architecture of the existing building. Consensus was that the proposal was a welcomed addition to the city and the commission did not see any complications with the zoning code. Since this was a concept review, no official action was taken. st 4. Concept Plan Review Î 71XX 21 Avenue Apartment Building Administrator Statz gave an overview of the proposal, noting that the site is currently zoned B-2 Main Street Commercial and the Comprehensive Plan does not currently guide this property for anything other than a commercial use. However, there may be some practicality to the development, given its proximity to the park and ride, and the neighboring uses to the north and west being residential. Chris Harchanko, a representative of the development presented his view of why this site is being looked at. Mr. Harchanko is proposing a 96-unit, market rate, 3-story apartment building, taking approximately 6 acres of property in the north end of the 22 acre parcel. He noted that underground parking was being looked at, but depending on soil conditions, it may need to be a ½ story above ground parking scenario. Commissioner Haiden had questions about the footprint of the development Mr. Steve King, from 1724 Sorel Street was recognized by Chairman Mosher. Mr. King asked if there would be ÐaffordableÑ units as a part of the development. Commissioner Fehrenbacher noted that the developer had presented the proposal as Ðmarket rateÑ, meaning non-subsidized. Since this was a concept review, no official action was taken. VI. OLD BUSINESS 1. Driveway and Residential Parking Ordinance Revisions Administrator Statz outlined the commissionÓs progress on this ordinance to date. City Planner Phil Carlson presented a memo and figure he had prepared. The memo detailed the proposed changes to the ordinance. The figure was a graphical depiction of the proposed changes, showing where certain vehicles and equipment could be parked. Additionally, there were figures depicting various vehicle types, including several classes of recreational vehicles. Discussion ensued regarding length, width, height, weight, commercial vs. personal vehicles, etc. Page 3 of 5 City of Centerville Planning and Zoning Commission August 4, 2020 No formal action was taken. Specific code language revisions will be brought back to the commission at an upcoming meeting. 2. Ordinance #105, Second Series Î Relative to Definition, Location and Width of Driveways in Residential Districts Administrator Statz explained that recently adopted change to the driveway width ordinance inadvertently contained a contradiction, excluding driveways from side yard setbacks (10Ó), while allowing them as close as 5Ó from the property line. The ordinance should have allowed driveways within the setbacks. Staff is seeking reapproval of the ordinance with the clarified language to allow driveways to be within the setbacks. Motion by Commissioner Broussard-Vickers, seconded by Commissioner Krueger to recommend approval of the revised ordinance allowing driveways within the side yard setbacks. A roll call vote was taken. All in favor. Motion carried. 3. Backyard Chicken Ordinance Review Commissioner Fehrenbacher reviewed proposed revisions to the Backyard Chicken ordinance, including revisions to the length of time a coop can sit empty, an allowance for an additional 2 chickens (up to total of 6) and some flexibility for an out-of-coop ÐrunÑ. The CommissionÓs general consensus was that these changes were appropriate. No formal action was taken. A public hearing on the ordinance revisions will be scheduled. VII. NEW BUSINESS 1. Easement Vacation Î 1825 Main Street Administrator/Engineer Statz explained the origins of the easement being considered for vacation and the reasons why it is no longer needed. He explained that the new development will have stormwater retention facilities constructed in new easement areas. Motion by Commissioner Broussard-Vickers, seconded by Commissioner Krueger to recommend approval of the vacation. A roll call vote was taken. All in favor. Motion carried. 2. Ordinance Review - Home Occupations (Auto Repair) Administrator Statz reviewed the nature of several complaints staff has fielded in recent weeks regarding residents doing auto repair out of their garages. Chairman Mosher entertained comment from residents in attendance who further explained the reason for their complaints. Staff suggested holding a public hearing on the matter to consider formal changes to the ordinance. Page 4 of 5 City of Centerville Planning and Zoning Commission August 4, 2020 VIII. APPROVAL OF MINUTES 1. July 7, 2020 Planning & Zoning Commission Meeting Minutes Chairperson Mosher called for changes to the meeting minutes. None were offered. Motion by Commissioner Broussard-Vickers, seconded by Commissioner Krueger to approve the July 7, 2020 meeting minutes as presented. A roll call vote was taken. All in favor. Motion carried. IX. ANNOUNCEMENTS AND UPDATES 1. Council Member Liaison 2. AdministratorÓs Report X. ADJOURNMENT Motion by Commissioner Broussard-Vickers seconded by Commissioner Fehrenbacher to adjourn the meeting at 8:50 PM. A roll call vote was taken. All in favor. Motion carried. Page 5 of 5 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission held a meeting on Tuesday, November 2, 2021 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:31 p.m. Chairperson Linda Broussard Vickers 1. Roll Call Present: Chairperson Linda Broussard Vickers Commissioner John Krueger Commissioner David Kubat Commissioner Les Kuiper Commissioner Darrell (DJ) Olson, Jr. Commissioner Richard Nelson Absent: Commissioner Nick Twohy Staff: City Administrator Mark Statz Council Liaison, Russ Koski City Planner, Phil Carlson City Attorney, Kurt Glaser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Motion by Commissioner Olson, seconded by Commissioner Krueger to Approve the Agenda as presented. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. Block 7 Î Centra North, LLC (Under Purchase Agreement w/City) a. Preliminary Plat b. Conditional Use Permit (CUP) for a planned Unit Development (PUD) Administrator Statz introduced this item and provided some background. City Planner Carlson reviewed the details and purpose of the preliminary plat and conditional use permit request. He stated there will be 26, two-story townhomes. He noted that the development is intentionally different from the rest of the buildings in Centerville; it is denser and has an urban feel opposed to the rest of Centerville. Page 1 of 8 City of Centerville Regular Meeting Planning and Zoning Commission November 2, 2021 Chairperson Broussard Vickers asked if down the line a new buyer comes forward and they do not meet the qualifications would the Commission become responsible for ensuring the buyer becomes qualified and provides proof to the County. City Attorney Glaser stated the terms of the original purchase agreement are what the Commission and the City will be responsible for. Ms. Carla Dunham, Land Acquisition and Development Manager,!Centra Homes, addressed the Commission. She stated in regards to the request to add grass between the two buildings, in their experience it may be difficult to keep it thriving with the lack of sunlight and drainage being an issue in that area. She stated they felt other types of shrubs or landscaping would be better suited if the Commission is agreeable. City Planner Carlson stated he thinks shrubs and landscaping in lieu of grass would be good. Ms. Dunham stated in regards to the concerns about lighting on the streets and trails, they did not plan to place additional street lighting or lights on the trail but they are planning to add lights on each porch that come on automatically to provide a continuously, well-light streetscape for walkability and safety purposes. City Planner Carlson stated for safety purposes and esthetics, he feels they should have lights on each end of the street and trail. Ms. Dunham stated they have found that home buyers do not like having a fixed sign or monument in the entrance to their development due to poor upkeep and wear over time. She requested that this be removed from the conditions. Administrator Statz stated he feels strongly about a monument sign. He stated it is noted in the master plan that Ðplace makingÑ is a priority for the City and adding the sign does just that. He stated it could be a low maintenance sign on the corner of Sorel and Centerville Road. Ms. Dunham noted that Centra Homes understands the importance of utilizing a mixture of siding materials. She stated that suppliers are having difficulty obtaining the materials that they originally proposed for the construction and that they are continuing to research alternatives in similarity. Mr. Dave Pattberg, Centra Homes Representative, stated they are going to use something of the same type of quality y but it may look different than the 6 and 8 inch siding they originally chose. Chairperson Linda Broussard Vickers opened the public hearing at 6:45 p.m. Ms. Katie Dufault, 7045 Centerville Road, addressed the Commission and stated she lives across the street from the proposed development. She stated she is concerned about the longevity of the siding, esthetics of the buildings and how this would possibly change Centerville. She stated she is concerned about the trail and trees because they are the biggest assets to the City. She noted she is also concerned that the building could become low income housing in the future. Page 2 of 8 City of Centerville Regular Meeting Planning and Zoning Commission November 2, 2021 Ms. Rebecca Bohl, 1680 Sorel Street, addressed the Commission and asked what they plan to replace the trees they are removing with. She stated that her home is directly behind the proposed development and worries about her privacy. She stated that she would expect similar privacy going forward. Ms. Melanie Nicks, 7029 Centerville Road, addressed the Commission and stated she likes the small town feel with the existing homes looking different. She stated that she was in dislike to the proposed development and would move if the market was better. She stated she would like to know what affordable pricing means regarding the pricing of the townhomes and noted she does not understand how a family of four with an annual income under $80,000 could possibly afford a $300,000 townhome. Ms. Mary Beth Wasiloski, 1688 Heritage Street, addressed the Commission and stated the porch lights they are considering would be right in front of her home, on all night and she was not in favor of this. She stated would want the area to be safe and felt that it could be achieved differently than lighting. She asked what they plan to replace the trees they are removing with, noting their plans are deceiving to the public because it looks like they are transplanting mature trees into that space but that is not what they are hearing in the plans. Motion by Commissioner Kubat, seconded by Commissioner Olson to close the public hearing at 7:28 p.m. All in favor. Motion carried. 2. 2050 & 2070 Main Street Î Shingle Creek Capital, LLC a. Rezone from B-2 (Main Street Commercial) to B-1 (Commercial) Administrator Statz introduced and provided some background on this item. City Planner Carlson provided in depth details on the proposed items. There was discussion on if any portion of these two parcels should be rezoned back to their original B-2 zoning at a later date or not. The concerns voiced about leaving both parcels zoned B-1 (Commercial) would allow something in the area that the Commission/City may not desire. It was felt that rezoning to B-1 (Commercial) may offer the site in the future as having the ability to transition nicely for B-2 (Main Street Commercial) if improvements were made to the vacant (2070 Main Street) site. Mr. Lucas Wiborg, Shingle Creek Capital, LLC, addressed the Commission. He stated the company looking to move into the space is currently located in Minneapolis and desires to relocate to Centerville. He stated it is a unique site and they have looked at what is viable for the location and noted the proposal can create a viable use of this vacant land. Commissioner Kubat stated when Mr. Wiborg spoke with the Commission in a previous Work Session, he mentioned the potential of a small retail space, he is wondering why that is not in the proposal. Page 3 of 8 City of Centerville Regular Meeting Planning and Zoning Commission November 2, 2021 Mr. Wiborg stated they have completed ground and soil testing and found out that there are some environmental issues on the site which will require about 7-12Ó of ground removal to lay a strong enough foundation for a building. He stated that due to those findings, what is being proposed tonight is that they lay the ground work and foundation for the entire site, making it viable for someone in the future, to purchase part of the site and potentially use it as a retail space without extra costs of having to complete ground work. Ms. Jennifer Haskamp, Principal Planner, Swanson Haskamp Consulting, addressed the Commission. She stated they have a few questions regarding the Conditional Use Permit conditions. She asked if they could confirm her understanding is correct and that they need the Conditional Use Permit for the use in order for them to move forward with the user. She stated that they would need to create a site plan which would be a condition within the CUP. She noted if that is correct, they do not have any issue doing that, but they would need to do a few things first, such as find out how big the infiltration system would need to be that will go through Rice Creek. Regarding the potential future site pad on the northern edge, Ms. Haskamp stated that is a long-term plan and the details of the location would need to be adjusted depending on the access ways and landscaping in the future. She noted the site would be big enough for about a 10,000 square foot retail space and they intentionally created a shallow berm so that in the future someone could potentially have a site there. City Planner Carlson stated they suggest a double row of trees to create a screen, which will serve that purpose even before maturity. Ms. Haskamp stated they could accommodate that request without a problem. Ms. Haskamp stated the concern about leaving the existing zoning on the parcels as B-1, is that some staging will occur on the site at different times and they would want to ensure it would not be an issue if that were to happen on the parcel zoned as B-1. Administrator Statz stated he would suggest the plans be more specific and show where they plan to be staging and moving materials and then they would need to make sure to review the definition of how long items could be sitting in one spot and not be considered storage so they have a better idea what zone this needs to be. Commissioner Kubat asked if part of the CUP is to review the site plan, noting it seems they may be looking at more of the site plan items right now and now just the CUP. Administrator Statz stated Commissioner Kubat is correct, but noted this is a situation where in order for the applicant to know if their plan could be viable in this space, some of the site plan items need to be reviewed now to assist in making that determination. City Planner Carlson stated if items are left outside for a day and materials are coming and going, he does not think those would fall into the storage category and rather they would be considered staging. However, if materials will be left outside for a few days, then that would be considered outside storage. He stated the way the applicant has it drawn is helpful and noted, if possible, he suggested somehow drawing a line on the pavement of the area where Page 4 of 8 City of Centerville Regular Meeting Planning and Zoning Commission November 2, 2021 staging will happen, ensuring that it does not exceed the allowable size and they would just need to make sure not to have materials outside of that area. Administrator Statz stated they have a good plan and it is up to the Commission to decide if they feel they have enough information and details to make a decision to recommend it to the City Council. Ms. Haskamp stated the proposal before them tonight is a site plan. She noted it is scalable, shows the concept plans, and how the user plans to use the site. She noted if they want them to create a new one showing the total maximum allowable space where they plan to put materials because the one they have currently, shows less than the allowed amount and they anticipate needing that extra allowed space at times, they are happy to do that. Administrator Statz stated if they want to move forward with the proposal shown tonight as a site plan, than it would not allow for outside storage. City Planner Carlson stated the applicant is willing to create a new site plan that will include the actual area of storage and that would suffice. Chairperson Linda Broussard Vickers opened the public hearing at 8:31 p.m. No one wished to address the Commission on this item. Motion by Commissioner Kuiper, seconded by Commissioner Krueger to close the public hearing at 8:33 p.m. All in favor. Motion carried. Council Liaison Koski stated he does not want to discourage businesses from coming to the City but due to issues in the past, they want to be cautious and iron out all the details. He stated he is wondering if they have a CUP, does it have to apply to both parcels and if not, can they leave the one parcel as B-2 zoning in that case. Chairperson Broussard Vickers stated because the applicant is stating they may use part of the second parcel to store items at times, both parcels would need to be zoned B-1 so that the CUP applies and the area can be regulated. V. AWARDS, PRESENTATIONS & APPEARANCES 1. None VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. Block 7 Î Centra North, LLC (Under Purchase Agreement w/City) a. Preliminary Plat Page 5 of 8 City of Centerville Regular Meeting Planning and Zoning Commission November 2, 2021 b. Conditional Use Permit (CUP) for a Planned Unit Development (PUD) Commissioner Kubat asked if the multi-story building is required or desired on part of the City. He stated he is also wondering what is going to be in between the two building because it does not appear to be depicted as he would expect. City Planner Carlson stated he believes the multi-story building is required by the downtown guidelines and noted they say the purpose of this zoning is to implement the Master Plan. Administrator Statz stated he believes the master plan actually stated the requirement was to implement three-story buildings. City Planner Carlson stated he believes that is correct, that the Master Plan alluded to a three-story apartment building but instead they have decided to move forward with the two-story townhomes. Mr. David Pattberg, Chief Financial Officer, Centra Homes, addressed the Commission regarding the area between the buildings and noted that was not something done at their direction, but trusts the design is for a reason and thinks it is a space to be managed by the HOA. Commissioner Krueger stated if they plan to remove the big trees then he would like to see them replaced somehow. He stated he would like to see the two lights remain at the end of the trails and there is a new sign for the Bayview Villas off Main Street that he likes and thinks would be a good design for the monument sign for this development. He noted he likes the plan otherwise. Administrator Statz stated they do not have an ordinance that requires tree replacement like some other cities. He noted he thinks most of the trees will remain in place though and only a few will be removed. City Planner Carlson stated unfortunately in any redevelopment, trees usually need to be removed and this lot in particular, has been slated for development for a long time. Commissioner Olson stated his concern is the finishes, he noted he especially does not like vinyl siding and he would still like to see something higher quality as originally discussed. Commissioner Kuiper stated he is impressed with the appearance of the buildings and is excited to see the finished project. Commissioner Nelson stated his only request would be that the same siding be used continuously throughout the townhomes because he has seen a project firsthand where they had to switch a few units in and it did not look good when it was completed. Chairperson Broussard Vickers stated her main concern is regarding the HOA and how the transfer will happen. She stated she is concerned that the HOA fees usually start low and then it does not support the maintenance needed down the line and things like the private road being used in this plan cannot be updated or fixed. She noted she understands that starting with a high monthly HOA fee may not be feasible for the price point they plan to sell at, but noted if someone cannot afford that, they certainly cannot afford a $5,000 Page 6 of 8 City of Centerville Regular Meeting Planning and Zoning Commission November 2, 2021 assessment a few years down the line either. There is a balance that needs to be considered and met to ensure the property can be nicely maintained. She stated she is good with the siding being a similar style but using different colors or something of a variety as needed. Motion by Commissioner Kubat, seconded by Commissioner Kuiper to recommend approval of the Preliminary Plat and Conditional Use Permit for a Planned Unit Development with conditions noted in the staff memo and to include a monument sign be added to the final plan, lighting be included at both ends of the trail, and to require shrubbery among the materials to be placed between the townhouses. Commissioner Olson Opposed. All others in favor. Motion carried. 2. 2050 & 2070 Main Street Î Shingle Creek Capital, LLC a. Rezone from B-2, Main Street Commercial to B-1, Commercial b. Conditional Use Permit (CUP) Chairperson Broussard Vickers asked for input from the Commissioners on this item. Commissioner Kuiper stated this property is more difficult to develop then others, but feels the plan that was presented is good. Commissioner Olson stated he would like to keep the one parcel zoned to B-2 and only change the required parcel to B-1. He stated his concern is that a business like a car dealership could come in and want to use that space in the future if it remains B-1 and that is not something he would like to see happen. Commissioner Krueger stated he thinks the proposal is good and it will create a good space in an area that has been empty for about 20 years. He believes rezoning both parcels to B-1 would be appropriate. Commissioner Kubat stated given the fact that they only need one lot changed, at the moment, he believed that the other lot should remain B-2 keeping with the siteÓs original intent of retail zoning. Chairperson Broussard Vickers stated because they potentially need staging storage on the 2050 Main Street parcel, that means it needs to be zoned B-1. She stated she would prefer to change both to B-1 and that would ensure the CUP is attached and can regulate both parcels. She noted she likes the idea of the CUP controlling the potential storage on the lots. City Attorney Glaser stated it would be very complicated to attach a CUP regarding a B-1 parcel to a B-2 parcel, so his recommendation would be to change both to B-1 and later they can address changing it back if they would like to do so. Motion by Commissioner Nelson, seconded by Commissioner Kuiper to recommend approval of the request for rezoning from B-2 to B-1, contingent upon approval of the Conditional Use Permit. Conditional Use Permit to include conditions noted in the staff memo, further conditions to be added after submittal of revised full site improvement Page 7 of 8 City of Centerville Regular Meeting Planning and Zoning Commission November 2, 2021 plan and drawings, and contingent upon the sale of the property. All in favor. Motion carried. 3. Calling for a Public Hearing Î City Code Amendments a. Sign Ordinance Î Inclusion of B-2 (Main Street Commercial District) b. Park Dedication Fees Î Clarifications Administrator Statz introduced and provided background on the items. Motion by Commissioner Kuiper, seconded by Commissioner Olson to call for a public hearing on the cityÓs Sign Ordinance and Park Dedication Ordinance to be held on December 7, 2021 at 6:30 p.m. in conjunction with the next regular Planning and Zoning Commission Meeting. All in favor. Motion carried VIII. APPROVAL OF MINUTES 1. April 26, 2021 Planning & Zoning Commission Meeting Minutes Motion by Commissioner Kubat, seconded by Commissioner Kruger to approve the Planning & Zoning Commission meeting minutes of April 26, 2021. Commissioner Nelson abstained. All others in favor. Motion carried 2. October 5, 2021 Planning & Zoning Commission Meeting Minutes Motion by Commissioner Krueger, seconded by Commissioner Kuiper to approve the Planning & Zoning Commission meeting minutes of October 5, 2021. Commissioners Nelson and Olson abstained. All others in favor. Motion carried IX. Announcements and Updates 1. Council Member Liaison Council Liaison Koski stated they recently had their Fire Steering meeting and the transition to working with Spring Lake Park is going very well. 2. AdministratorÓs Report Administrator Statz stated provided a brief update on the City projects and their current progress. X. ADJOURNMENT Motion by Commissioner Olson, seconded by Commissioner Krueger to adjourn the meeting at 9:51 p.m. All in favor. Motion carried. Page 8 of 8 JANUARY2022JULY2022 2022 SMTWTFSSMTWTFS 112 35678356789 244 910111213141510111213141516 1617181920212217181920212223 23252628292526282930 24272427 303131 FEBRUARY2022AUGUST2022 D. LOVE..........................................................MAYOR SMTWTFSSMTWTFS COUNCIL MEMBER RUSS KOSKI................................ 35356 124124 COUNCIL MEMBER MICHELLE LAKSO....................... 678910111278910111213 COUNCIL MEMBER STEVE KING................................ COUNCIL MEMBER DARRIN MOSHER....................... 1314151617181914151617181920 20232526232526 21222421222427 MARK STATZ............CITY ADMINISTRATOR / ENG. CITY CLERK TERESA BENDER................................... 272828293031 BRUCE DEJONG.....................FINANCE DIRECTOR KRIS SWEENEY.....................SR. ACCOUNT CLERK PAUL PALZER..........................PUBLIC WORKS DIR. MARCH2022SEPTEMBER2022 DAN SCHMITZ.......................BUILDING INSPECTOR SMTWTFSSMTWTFS TEDD PETERSON............................PUBLIC WORKS 5 1234123 JAMES HUISENGA...........................PUBLIC WORKS 6789105678910 11124 SPECIAL EVENTS 1314151617181911121314151617 JAN. 14 ..........ICE SKATING PARTY - LAMOTTE PARK 2021222324252618192021222324 FEB. 12 ...........ICE SKATING PARTY - LAMOTTE PARK APRIL 22.......................................................EARTH DAY 282930312526282930 2727 JUNE 7, 14, 21 & 28.......................MUSIC IN THE PARK JUNE 10 & 11.................................GARAGE SALE DAYS JUNE 18..........8am-12 noon CITY WIDE CLEANUP DAY APRIL2022OCTOBER2022 JULY 5, 12, 19, & 26........................MUSIC IN THE PARK SMTWTFSSMTWTFS JULY 7, 14, 21, & 28............................MAIN ST. MARKET 121 JULY 12-17..............................................FETE DES LACS 35678935678 424 AUG. 2....................................................NIGHT TO UNITE AUG 4,11.............................................MAIN ST. MARKET 101112131415169101112131415 AUG 9..................................STATE PRIMARY ELECTION NOV 8.................................STATE GENERAL ELECTION 1718192021222316171819202122 TBD..................................................MOVIE IN THE PARK 25262829302325262829 24272427 CITY COUNCIL MEETING 3031 PARKS AND REC. COMMITTEE MAY2022NOVEMBER2022 SMTWTFSSMTWTFS PLAN. AND ZONING COMMISSION 356735 124124 NORTH METRO TELECOM COMMISSION 6:00 PM - 1301 81st AVE. NE, SLP 8910111213146789101112 ECONOMIC DEVELOPMENT AUTHORITY 1516171819202113141516171819 2325262820232526 222427212224 FETE DES LACS PLANNING COMMITTEE - 5:00pm 29303127282930 FIRE STEERING - 6:00 200 CIVIC HGTS CIRCLE, CIRCLE PINES ANOKA CNTY FIRE PROTECTION COUNCIL JUNE2022DECEMBER2022 7:00pm - LOCATION VARIES SMTWTFSSMTWTFS P.D. GOVERNING BOARD - 7:00 1234123 54 NORTH RD., CIRCLE PINES 55 678910114678910 HOLIDAY-CITY HALL CLOSED 13151618131516 12141711121417 SPECIAL EVENTS 1920212223242518192021222324 NOTE:All meetings begin at 6:30 PM unless otherwise noted. 262728293025262728293031 In-person meetings will be held at City. All meetings are Live Streamed: www.northmetrotv.com/centerville-stream/ I:\\616\\616GEN\\cad\\dwg\\616COLORCAL-2022