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Home My WebLink About2022-01-04 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, January 4, 2022 6:30 p.m. Meeting is being held in-person! Connection Via Zoom Also Available (see www.centervillemn.com for Link) 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. None V. AWARDS, PRESENTATIONS, APPEARANCES 1. None VI. OLD BUSINESS 1. Ordinance Revisions Î Outside Storage in Residential Districts VII. NEW BUSINESS 1. Ordinance Review Î Section 111.16 Î Liquor Regulations VIII.APPROVAL OF MINUTES 1. December 7, 2021 Planning & Zoning Commission Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison 2. AdministratorÓs Report X. ADJOURNMENT INFORMATION None REMINDERS Parks & Recreation Committee Î Wednesday, January 5, 2022 City Council Meeting Î Wednesday, January 12, 2022 Economic Development Authority Î Wednesday, January 19, 2022 Planning & Zoning Commission Î Tuesday, February 1, 2022 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: January 4, 2022 Planning and Zoning VI.1 TITLE OF ISSUE: Ordinance Revisions - Outside Storage BACKGROUND AND SUPPLEMENTAL INFORMATION: Attached is the latest version of the proposed revised ordinance related to outside storage along with a memo summarizing the changes made. If the commission is satisfied with the proposed ordinance, it would be appropriate to pass along a recommendation to the City Council for adoption. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Motion to recommend adoption of Ordinance XX, Regulating Outside Storage. 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 733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402 Memorandum DATE:January 4, 2022 TO:Centerville Planning & Zoning Commission FROM:Phil Carlson, AICP, Stantec, Senior Planner RE:Draft Ordinance Amendments: Residential Driveways, Vehicle Parking & Storage BACKGROUND ThePlanning & Zoning Commission has discussed a number of related issues dealing with residential driveways and vehicle parking and storagein recent months. The attached draft ordinance is revised slightly from the previous version the Commission discussed but keeps the intent of the proposed changes. The accompanying graphic illustrates the standards for various kinds of vehicles and equipment. ORDINANCE AMENDMENTS The draft ordinance is organized in the numbered order of various sections in the zoning ordinance, Chapter 156: Section 1. This section has two definitions, one new, for Fish House, and one existing that is amended, for Impervious Surface. The intent of the Fish House definition is to ensure that such structures do not become storage sheds or similar on a permanent basis in residential yards. The intent of the Impervious Surface definition is to more carefully define the term. Section 2.This section deletes 156.144(M) dealing with outside storage, but it is quickly replaced with a similar but expanded section in a new section 156.165 (see below). The original 156.144(M) is in a section of the code called “Other standards” and it was feltthat the standards it deals with could be more easily found in a new section clearly titled “Outside Storage”, which would then appear as a section heading in the table of contents. Section 3. New Section 156.165 has all the standards that the Planning &Zoning Commission has discussed relating to these issues –in one placein the code. The new section stipulates: January 4, 2022 Centerville Planning & Zoning Commission Page 2of 2 Draft Ordinance Amendments: Residential Driveways, Vehicle Parking & Storage o Thatall storage is inside a structure except as noted further in theordinance. o For single family properties in all zoningdistricts (there was discussion previously about certain zoning districts). o Where storage can and cannot happen on a residential parcel–not in front of the house unless on the driveway, not within 2 feet of the sidelot line, nor within 10 feet of the street.These conditions are illustrated on the accompanying graphic. o Exempts agricultural products, clotheslines, dockson lakeshore lots, etc. o Clarifies what items are allowed on thelot vs. on thedriveway. o Allows any number of passenger vehicles on a driveway. But other vehicles and equipment would be limited to three, one of which can be a “large” units,as defined in the ordinance. o The various vehicles and equipment are defined and separated into large and small units, with clear definitions as to size and weight. o Special Rules deal with firewood and construction storage, since they are different that the other items, and also sets a limit of 24 hours for any items at which they are considered “stored” and would come under the regulations. o Codifies commercial/industrial storage in 156.165 instead of its current home in 156.144. Section 4.This section clarifies the standards in 156.166(K) for surfaces required for parking and loading areas on non-residential properties. Section 5. This section adds new a new Section 156.166(L) that imposes requirements for the surface of parking and driveway areas. RECOMMENDATION City staff recommends that the Planning & Zoning Commission recommend approval of the draft ordinance to the City Council. 2 ft min Property Line Pavement Setback 9 9 Passenger Vehicles 10 ft 10104 4 Bldg Setback Allowed min Passenger Vehicles 11 11 1 12 2 Not Allowed Garage 1212 Other Vehicles & 3 Equipment Allowed 1313 Other Vehicles & 3 Equipment Not Allowed House 6 7 7 8 5 6 85 Figure 1 Passenger Vehicles, Other Vehicles & Equipment on Residential Lots Location:PassengerOther Vehicles & VehiclesEquipment OKOK 1 Garage 2 Driveway (10 ft min. from curb, OKOK not blocking sidewalk) OKOK 3 Parking space/turnaround OKOK 4 Side, on pavement OKOK 5 On-street (not overnight) NO NO 6 Front, not in setback NO NO 7 Front, in setback NO NO 8 Right-of-way/boulevard NO OK 9 Side, in pavement setback (2 ft from lot line) NO OK 10 Side, in building setback NO OK 11 Side, not in setback NO OK 12 Rear, not in setback NO OK 13 Rear, in setback 12-30-2021 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: January 4, 2022 Planning and Zoning VII.1 TITLE OF ISSUE: Ordinance Review - Section 111 Liquor Regulations BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff is asking for the Planning and Zoning Commission to informally examine Section 111 of the city's code, related to Liquor Regulations, especially as they relate to buffer zones from schools and churches. The attached map shows how the current regulations impact redevelopment opportunities in the downtown area. Also attached is a sampling of ordinances from neighboring cities. Although a public hearing is not required for changes to this ordinance, staff suggests that if the commission felt revisions to this code were in order, we would solicit public input as well as input from the School and Church. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Discussion items only. No formal action requested at this time. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Map of regulations. Neighboring City Regs Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular (B)No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges or other financial claims of the city are delinquent and unpaid. (C)No license shall be issued for any place or business ineligible for a license under state law. (D)(D)No new license shall be granted withNo new license shall be granted withNo new license shall be granted within 500 feet of any school. The distin 500 feet of any school. The distin 500 feet of any school. The distance is to be measured from the ance is to be measured from the closest side of the church or schoolclosest side of the church or school to the closest side of the stru to the closest side of the structure on the premises within which cture on the premises within which cture on the premises within which liquor is to be sold. The provisionliquor is to be sold. The provisionliquor is to be sold. The provisions of this division (D) shall not as of this division (D) shall not as of this division (D) shall not as of this division (D) shall not as of this division (D) shall not as of this division (D) shall not as of this division (D) shall not apply to any existing license existing pply to any existing license existing pply to any existing license existing on the effective date of this chapteon the effective date of this chapteon the effective date of this chapter or to the renewal of an existing r or to the renewal of an existing r or to the renewal of an existing license as long as the establishment license as long as the establishment license as long as the establishment is in compliance with applicable zoning regulations. is in compliance with applicable zoning regulations. is in compliance with applicable zoning regulations. Further, this section shaFurther, this section shaFurther, this section shall apply to issuance of a ll apply to issuance of a wine license or on-sale 3wine license or on-sale 3.2 percent malt liquor license .2 percent malt liquor license issued to a restaurant. issued to a restaurant. Ord. #13, adopted 08/28/2002, Ord. 2d #35a, amended 05/12/2010 § 111.17 CONDITIONS OF LICENSE. (A) (1) Every licensee is responsible for the conduct of the place of business. (2) The act of an employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter equally with the employee. (B)The failure of the licensee to meet any one of the conditions of the license specified below shall result in suspension of the license until the condition is met. (1)Every licensee shall allow any peace officer or health officer to conduct compliance checks. (2)No on-sale establishment shall display liquor to the public during the hours when the sale of liquor is prohibited. (3)Compliance with financial responsibility requirements of state law and this chapter is a continuing condition of any license. Ord. #13, adopted 08/28/2002 § 111.18 HOURS AND DAYS OF SALE. (A)The hours of operation and days of sale shall be as those set by M.S. § 340A.504, as it may be amended from time to time. (B)No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. 161΋tğŭĻ \[źƨǒƚƩ\[źĭĻƓƭĻhƩķźƓğƓĭĻƭźƓhƷŷĻƩ\[ƚĭğƌ/źƷźĻƭ \[źƓƚ\[ğƉĻƭ § 701.07 PLACES INELIGIBLE FOR LICENSE. (1) General. No license shall be issued for any place of any business ineligible for a license under state law. (2) Delinquent taxes and charges. No license shall be granted for operation on any premises for which taxes, assessments or other financial claims of the city are delinquent and unpaid. (3) Distance from school or church. No license shall be granted within 1,000 feet of any school or within 1,000 feet of any church. The distance shall be measured from the main entrance of the school or church to the main entrance of the applicant's place of business. È (c) This separation distance restriction shall not be applicable if a school or church is located in a limited business or general business zoning district. \[ĻǣźƓŭƷƚƓ No license shall be granted pursuant to Minn. Stat. Chapter 340A.413, subd. 1, to any establishment within 400 feet of any school, daycare, or church. The distance is to be measured from the closest side of the school, daycare, or church to the closest side of the structure on the premises within which liquor is to be sold. /źƩĭƌĻtźƓĻƭ ΛCΜbƚƌźĭĻƓƭĻƭŷğƌƌĬĻŭƩğƓƷĻķǞźƷŷźƓЌЉЉŅĻĻƷƚŅğƓǤƭĭŷƚƚƌƚƩŷƚǒƭĻƚŅǞƚƩƭŷźƦ͵ŷĻķźƭƷğƓĭĻźƭƷƚĬĻ ƒĻğƭǒƩĻķŅƩƚƒƷŷĻĭƌƚƭĻƭƷƭźķĻƚŅƷŷĻŷƚǒƭĻƚŅǞƚƩƭŷźƦƷƚƷŷĻĭƌƚƭĻƭƷƭźķĻƚŅƷŷĻƭƷƩǒĭƷǒƩĻƚƓƷŷĻ ƦƩĻƒźƭĻƭǞźƷŷźƓǞŷźĭŷƌźƨǒƚƩźƭƷƚĬĻƭƚƌķ͵ Iǒŭƚ (c) Distance from school or church. No license shall be granted within 200 feet of any school or church. This subsection does not prohibit the issuance of one-day permits pursuant to the provisions of this division. 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, December 7, 2021 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:30 p.m. by Acting Chairperson Darrell Olson. 1. Roll Call Present: Acting Chairperson Nick Twohy Commissioner Jon Krueger Commissioner David Kubat Commissioner Les Kuiper Commissioner Darrell (DJ) Olson, Jr. Commissioner Richard Nelson Absent: Chairperson Linda Broussard-Vickers Staff: City Administrator Mark Statz Council Liaison, Russ Koski Acting Chairperson Olson was relieved of chairperson duties, as Commissioner Twohy arrived during roll call and assumed the duties of Acting Chairperson. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Motion by Commissioner Olson, seconded by Commissioner Kuiper to Approve the Agenda as presented. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) Acting Chairperson Nick Twohy opened the public hearing on both the Sign Ordinance Î Inclusion of B-2 (Main Street Commercial District) and Park Dedication Fees at 6:32 p.m. 1.Sign Ordinance Î Inclusion of B-2 (Main Street Commercial District) Administrator Statz introduced this item and provided some background, stating that the change proposed simply adds the B-2 district to the sign ordinance. When the B-2 district was created, the sign ordinance was not updated to include references to the new district. 2. Park Dedication Fees Page 1 of 3 City of Centerville Regular Meeting Planning and Zoning Commission December 7, 2021 Administrator Statz introduced and provided some background on this item. He explained the nature of Park Dedication fees and their statutory and case-law basis. He also gave an overview of the cityÓs Parks Capital Improvement Plan (CIP), Parks Comprehensive Plan and how the current park dedication fee is calculated. Administrator Statz reviewed the specific language changes being proposed for Park Dedication fees, noting a move toward clearer language favoring fees in lieu of a negotiated percentage of land value. Also, language was presented clarifying how group living developments are charged. Current language discusses fees on a per lot basis, while group living scenarios would have each unit (apartment, or bed in a care facility) treated as equivalent to a lot. Commissioners asked questions of Mr. Statz regarding: neighboring city policies and fees, the relationship between density and fees, and the need for annual review of the fee. Acting Chairperson Twohy called for public comment. No one wished to address the Commission on this item. Motion by Commissioner Kubat, seconded by Commissioner Krueger to close the public hearing at 6:57 p.m. All in favor. Motion carried. V. AWARDS, PRESENTATIONS & APPEARANCES 1. None VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. Recommend Proposed Sign Ordinance to City Council Acting Chairperson Twohy asked for a motion. Motion by Commissioner Krueger, seconded by Commissioner Olson to recommend approval of modifications to the CityÓs Sign Ordinance to City Council as presented. All in favor. Motion carried. 2. Recommend Proposed Park Dedication Fees to City Council Commissioner Kubat asked who is responsible for the fees and when will they be due. Administrator Statz discussed the statutory language and stated there is an agreement between the City and the Developer that holds the developer ultimately responsible for the fees. Page 2 of 3 City of Centerville Regular Meeting Planning and Zoning Commission December 7, 2021 Motion by Commissioner Kuiper, seconded by Commissioner Krueger to recommend approval of the modifications to the CityÓs Park Dedication Ordinance as presented to City Council. All in favor. Motion carried. 3. Commission 2022 Re-Appointments Administrator Statz introduced and provided background on this item. He asked the Commissioners to complete and sign the documents before them to confirm their continued interest in serving on the Commission. He stated the next step is for the City Council to re- affirm the Commissioners seats. VIII. APPROVAL OF MINUTES 1. August 4, 2020 Planning & Zoning Commission Meeting Minutes Motion by Commissioner Krueger, seconded by Commissioner Kubat to approve the Planning & Zoning Commission meeting minutes of August 4, 2020 as presented. All in favor. Motion carried. 2. November 2, 2021 Planning & Zoning Commission Meeting Minutes Motion by Commissioner Kubat, seconded by Commissioner Kuiper to approve the Planning & Zoning Commission meeting minutes of November 2, 2021 as presented. All in favor. Motion carried. IX. Announcements and Updates 1. Council Member Liaison Council Liaison Koski asked Administrator Statz to provide a brief overview regarding the Lexington Fire Management turnover. Administrator Statz stated Lexington Fire Department recently lost a few members and there is discussion regarding them potentially joining Centerville in working with Spring Lake Park Fire. Council Liaison Koski recognized that it was Pearl Harbor Day and stated he wished to thank those who serve(d) and wished everyone Happy Holidays. 2. AdministratorÓs Report Administrator Statz provided a brief update on City projects and their current progress. X. ADJOURNMENT Motion by Commissioner Olson, seconded by Commissioner Krueger to adjourn the meeting at 7:24 p.m. All in favor. Motion carried. Page 3 of 3