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HomeMy WebLinkAbout2022-09-13 P & Z Minutes - Approved A pproved CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission held in Council Chambers on Tuesday, September 13, 2022 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:30p.m. 1. Roll Call Present: Chair David Kubat Vice-Chair Krueger Commissioner Darrell (DJ) Olson, Jr. Commissioner Richard Nelson Commissioner Les Kuiper Commissioner Gloria Semmelink Commissioner Bruce Thompson Absent: None Staff: City Administrator, Mark Statz Council Liaison, Russ Koski II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Item IV.2 Preliminary Plat & PUD – Block 7, Schifsky Companies, Inc. was removed from the agenda, along with item V.2 Variance Concept Review – 7198 Shad Avenue – both items were removed from the agenda. Motion by Commissioner Nelson, seconded by Commissioner Kuiper to Approve the amended Agenda. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:34 PM or shortly thereafter) 1. City Code Language Amendments a. Chapter 91: Health and Safety; Nuisances, §91.06 – Public Nuisances Affecting Peace and Safety Chair Kubat opened the public hearing for Chapter 91: Health and Safety; Nuisances, §91.06 – Public Nuisances Affecting Peace and Safety at 6:34. Administrator Statz presented the staff report, noting that the proposed ordinance amendments strike the old language referencing specific tree diseases and specific types of trees and replaces it with more general language. Discussion ensued about adding language about dead or dying trees constituting a hazard and/or the spread of diseased trees. There were no public comments. Page 1 of 4 City of Centerville Planning and Zoning Commission September 13, 2022 Motion by Commissioner Thompson, seconded by Commissioner Nelson to Recommend Approval of the revised ordinance, with minor edits: removing oak and shade, and adding the qualifier discussed, to council for their review. All in favor. Motion carried. Motion by Commissioner Kuiper, seconded by Commissioner Thompson to close the public hearing. All in favor. Motion carried. b. Chapter 111: Liquor Regulations, §111.16 – Restrictions on Issuance (D) Chair Kubat opened the public hearing on Chapter 111: Liquor Regulations, §111.16 – Restrictions on Issuance (D) and Administrator Statz presented the staff report, noting that the ordinance states that liquor cannot be sold within a 500 ft radius of a school, and there are some references in the ordinances pertaining to churches as well – the language is vague in some sections. The amendments are meant to clarify the language and update the policy. An inquiry from a brew pub potentially locating in the area prompted a review of the ordinance - there is already a bar located within the 500 ft radius. Discussion ensued about the 500 ft radius impacting future developments; other distances were also discussed, as well as input from the school regarding public safety. There were no public comments. Motion by Commissioner Thompson, seconded by Vice-Chair Krueger to recommend adoption of the changes to the liquor ordinance to City Council. All in favor. Motion carried. Motion by Chair Kubat, seconded by Commissioner Thompson to close the public hearing. All in favor. Motion carried. c. Chapter 130: General Offenses, §130.03 – Discharge of a Firearms Within City Limits Administrator Statz introduced the topic of discharge of firearms within city limits, noting the language is not as clear as it could be, which makes enforcement difficult. Discussion ensued about firearms and other projectiles such as bows and arrows, as well as ammunition and assault weapons. Points of interest include what can and cannot be discharged, including fireworks and blanks. There was consensus to add language about allowing the discharge of firearms during funeral or veteran ceremonies. There was discussion about removing the specific definitions from section 130.03 (A) and instead noting that the discharge of firearms and projectiles, as defined in the ordinance is unlawful; a new definitions section would be added and this is where firearms and projectiles would be more clearly defined. It was recommended that section D be struck from the ordinance. No Public Comments Motion by Commissioner Semmelink to table the item until the next meeting. Motion failed due to lack of second. Motion by Chair Kubat, seconded by Commissioner Thompson to table this item and bring it back to the next meeting with staff revisions. All in favor. Motion carried. Page 2 of 4 City of Centerville Planning and Zoning Commission September 13, 2022 Administrator Statz requested that Commissioner Semmelink rescind her motion, so the record reflects one motion to table the item. Motion by Chair Kubat, seconded by Commissioner Thompson to table this item and bring it back to the next meeting with staff revisions. All in favor. Motion carried. Motion by Chair Thompson, seconded by Chair Kubat to leave the public hearing open until the next meeting. All in favor. Motion carried. d. Storm Water Chair Kubat opened the public hearing on storm water and Administrator Statz presented the staff report, noting the impetus for the revisions is the audit of our previous MS4 permit, as well as notification to revise our code to be in full compliance with the new MS4 permit. The MS4 permit is on a 7-year cycle. Discussion ensued about recreational restrictions on city-owned property, and there was consensus to remove the word discouraged in 157.32.e. Motion by Commissioner Kuiper, seconded by Commissioner Semmelink to recommend adoption of the changes of the storm water code to City Council. All in favor. Motion carried. Chair Kubat asked for a motion to close the public hearing. Motion by Chair Nelson, seconded by Vice-Chair Krueger to close the public hearing. All in favor. Motion carried. V. AWARDS, PRESENTATIONS, APPEARANES 1. Variance Concept Review – Mr. Anthony Smith, 7370 Peltier Circle Administrator Statz introduced the item, a request for an 8x8 shed in the side yard. Discussion ensued about setbacks and interpretation of the code. Administrator Statz noted that the new interpretation is that this shed would be allowed in the side yard and therefore no variance would be needed; Administrator Statz brought this to the P&Z to see if there was consensus with this interpretation. Chair Kubat’s feedback is to review definitions in the code and bring this back to P&Z. VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. City Code Language Amendments a. Chapter 91: Health and Safety; Nuisances, §91.06 – Public Nuisances Affecting Peace and Safety b. Chapter 111: Liquor Regulations, §111.16 – Restrictions on Issuance (D) c. Storm Water VIII. APPROVAL OF MINUTES 1. August 16, 2022 Planning & Zoning Commission Meeting Minutes Page 3 of 4 City of Centerville Planning and Zoning Commission September 13, 2022 One revision to the minutes was made, and that is to mark Vice-Chair Krueger as absent from last month’s meeting. Motion by Vice-Chair Krueger, seconded by Commissioner Olson to approve the revised August 16, 2022 Planning and Zoning Commission minutes. Commissioner Nelson, Commissioner Kuiper, Commissioner Semmelink, Commissioner Thompson, Vice-Chair Krueger, Chair Kubat in favor. Commissioner Olson abstained. Motion carried. IX. Announcements and Updates 1. Council Member Liaison Councilmember Koski did not provide a report. 2. Administrator’s Report City Administrator Statz reviewed the administrator’s report as presented. Administrator Statz pointed out that Block 7 was removed from the agenda due to the timing of the notice to the paper. There will be a public meeting at the October 4 meeting. The council will consider a purchasing agreement with the Schifsky group for a project similar in scope to the Centra Project at their next meeting on September 14. X. ADJOURNMENT Motion by Commissioner Semmelink, seconded by Commissioner Nelson to adjourn the meeting at 8:27 p.m. All in favor. Motion carried. Page 4 of 4