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HomeMy WebLinkAbout2023-09-05 P&Z PacketCITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA teryiCCe Tuesday, September 5, 2023 6:30 p.m. E.sta6Cished 1857 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 Review: a. Accessory Structures i. Play Structure Exception ii. Placement on Vacant Lots b. Native Landscapes c. Medical Facilities VII. NEW BUSINESS 1. M-1 and M-2 Zoning District Density Requirements VIII. APPROVAL OF MINUTES 1. August 8, 2023 Planning & Zoning Commission Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison 2. Administrator's Report X. ADJOURNMENT INFORMATION ➢ None REMINDERS ➢ Parks & Recreation Committee — Wednesday, September 6, 2023 ➢ City Council Meeting — Wednesday, September 13, 2023 ➢ Economic Development Authority — Wednesday, September 20, 2023 ➢ Planning & Zoning Commission — Tuesday, October 3, 2023 CITY OF CENTERVILLE REQUEST FOR COMMISSION ACTION E e teryiffe Estadfished 1857 Agenda Item # Department: Requested Meeting Date: VI.1 Planning September 5, 2023 TITLE OF ISSUE: Accessory Structures BACKGROUND AND SUPPLEMENTAL INFORMATION: At their last Planning and Zoning Commission meeting, the Commission discussed accessory structures and placement on vacant lots. Resident Ben Fehrenbacher provided suggested revisions to our current ordinance (see attached memo for additional background information). COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Provide staff direction on the revised ordinance prior to the public hearing in October. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X Vote Record: Ave Nay Kuiper VACANT Other (specify) memos, ordinances Broussard Krueger _ Thompson Nelson 0 Olson Refer to: Consent Tabled Until: Regular Other: ervi- f(e 1880 �Wain Street, Centervif(e, WX55038 'Seta 1 651-429-3232 orEaX 651-429-8629 l hhE�L1 1c5� To: Planning & Zoning Commission From: Mark Statz, City Administrator Subject: Accessory Structures Date: August 4, 2023 Honorable Chair Kuiper, Currently, the city code does not allow the development of an accessory structure on any lot that does not have a primary structure (i.e., home or business). This is a particularly important distinction as it encourages the development of a primary structure to drive tax base and prevents things like pole barns or other unsightly buildings from being built on empty lots in residential neighborhoods. However, in certain instances, this can be a burden for property owners that have purchased an adjacent lot to their homestead, by preventing any reasonable development that would otherwise be allowed if the lots were combined. It is important, however, to have extremely specific limitations on any allowed development of a vacant lot so what is built does not reduce the potential of a primary structure being built in the future. To accomplish this, I would suggest modifying city code to allow the construction of an accessory structure on a vacant lot if and only if: • The vacant lot must be adjacent to a residential, homesteaded lot with an existing primary structure on it and owned by the same family/person. • Only 1 accessory structure is allowed, and it cannot exceed 200 SF. • The siding of the accessory building must be similar in style and color as the primary structure on the adjacent lot. • The use of this structure can only be residential in nature (i.e., a playhouse, shed, etc.) and cannot be used for any commercial or industrial purposes. • An existing primary structure cannot be demolished or removed to make way for this accessory structure (do we need a time limit here? Something like an accessory structure cannot be built if a primary structure was in existence on this lot within the past 5 or 10 years)?? This can prevent demolishing a lake front home for a boathouse, for example. • In the event of a sale of the vacant lot to a property that is not adjacent, the accessory structure must be removed or demolished unless a new primary structure is built within 1 year on the vacant lot. Respectfully, Mark Statz, City Administrator/Engineer (4) The building or structure meets all other requirements of this chapter and any other city ordinances. § 154.022 ACCESSORY STRUCTURES AND USES. (A) Accessory structures -residential uses. (1) No more than two accessory buildings are permitted on any single-family, detached dwelling parcel located in any district except R-1. Combined aggregate square footage for accessory structures shall not exceed 200 square feet or two percent of the lot area, whichever is greater. (2) In no event may the combined square footage of accessory buildings exceed the square footage of the main level of the principal structure, except in the R-1 District. tD_hFa An accessory structure may be constructed on a parcel without a principal structure if the vacant lot is adjacent to a residential, homesteaded lot with an existingprimary structure on it and owned by the same family or person Formatted: Character scale: 100%, Not Expanded by / A ', Condensed by • Only 1 accessory structure is allowed, and it cannot exceed 200 SF. , Formatted: Font:11.5 pt, Font color: Custom The siding of the accessory building must be similar in style and color as the primary Color(RGB(15,15,15)), Condensed by 0.1 pt structure on the adjacent lot._ The use of this structure can only be residential in nature, i.e., a playhouse, shed, etc Formatted: Left, Indent: Left: -0.2", Hanging: 0.3", No g Any existing primary structure cannot be demolished or removed to make way for this bullets or numbering, Tab stops: Not at 1.01 ' accessory structure for a period of five (5) years. Formatted: Character scale: 100%, Not Expanded by / In the event of a sale of the vacant lot to a property that is not adjacent, the accessory - (�y Condensed by• structure must be removed or demolished unless a new primary structure is build Formatted: Character scale:100%, Not Expanded by / within 1 year on the vacant lot. Condensed by Formatted: Character scale: 100%, Not Expanded by / (4) No accessory structure shall be erected or located within any required yard other than the Condensed by rear yard. Formatted (5) Accessory structures must have a minimum of a five-foot interior side setback and a ten - foot rear setback. Where a rear or side yard abuts a street, an accessory building shall be set back a minimum of 20 feet from the street property line. No structure may be placed in an easement except bridges by written permit approved by the City Council. (6) In case an accessory structure is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. (7) An accessory building, unless attached to and made a part of the main building, shall not be closer than six feet to the main building, except as otherwise provided in this section. (8) The total area of an attached accessory building (garage) shall be no greater than 1,500 square feet per level, but in no event may the garage space exceed the square footage of the main floor of the dwelling. (9) Swimming pools may exceed the size requirements for accessory structures, but shall not exceed 50 percent of the rear yard. (10) The side walls of an accessory building shall not exceed ten feet in height and the overall height of the structure shall not exceed 15 feet, except to match the roof slope of the principal structure. This provision shall not apply to farm buildings located in a R-1 district. (11) Arbors, trellises, balconies, breezeways, open porches, detached outdoor living rooms, and heating equipment may be placed in a rear yard if it is at least 15 feet from the rear lot line and five feet from a side lot line, but may not be closer to a side street property line than the principal structure. (12) Neither buildings with metal roofs and exterior walls and covering a total (exterior) area in excess of 120 square feet, nor any other buildings with metal roofs shall be permitted in any residential or mixed use districts. Pole type buildings and rigid frame structures with membrane roof or sides, are also prohibited all zoning districts. (13) Buildings exceeding 120 square feet shall be anchored to a concrete floating slab foundation. (14) The exterior color and design of an accessory structure shall be similar to the principal structure. (B) Accessory structures -non-residential uses. The following standards shall regulate the construction and maintenance of non-residential accessory structures: All accessory structures shall be subject to the same setback, height and exterior finish regulations as a principal structure for the district in which it is located. (C) Permits. All accessory structures shall require a building or zoning permit from the city. (Ord. 91, passed 3-8-2006; Am. Ord. 5, Second Series, passed 5-10-2006) § 154.023 SITE PLAN REVIEW REQUIRED. (A) Review scheduling. For all land use applications or permit applications for commercial or industrial structures, a site plan review is required by the Zoning Administrator or his or her designee. The review shall take place 30 days prior to the desired Planning and Zoning meeting. For example, if a property owner desires to have a proposal presented to the Planning and Zoning Commission in May, the application and site plan need to be presented to the Zoning Administrator or his or her designee the first week in April. (B) Submittal requirements. (1) Boundary survey of parcel including identification of all monuments; (2) Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and curbing; (3) Scaled identification of all setback dimensions from property lines; (4) Scaled locations of all existing and proposed utilities and easements; (5) Scaled depictions of floor plans for each story; (6) Scaled depictions of each building elevation and descriptions of exterior building (4) The building or structure meets all other requirements of this chapter and any other city ordinances. § 154.022 ACCESSORY STRUCTURES AND USES. (A) Accessory structures -residential uses. (1) No more than two accessory buildings are permitted on any single-family, detached dwelling parcel located in any district except R-1. Combined aggregate square footage for accessory structures shall not exceed 200 square feet or two percent of the lot area, whichever is greater. (2) In no event may the combined square footage of accessory buildings exceed the square footage of the main level of the principal structure, except in the R-1 District. (3) An accessory structure maybe constructed on a parcel without a principal structure if the vacant lot is adjacent to a residential, homesteaded lot with an existing primary structure on it and owned by the same family or person. • Only 1 accessory structure is allowed, and it cannot exceed 200 SF. • The siding of the accessory building must be similar in style and color as the primary structure on the adjacent lot. • The use of this structure can only be residential in nature, i.e., a playhouse, shed, etc. Any existing primary structure cannot be demolished or removed to make way for this accessory structure for a period of five (5) years. • In the event of a sale of the vacant lot to a property that is not adjacent, the accessory structure must be removed or demolished unless a new primary structure is build within 1 year on the vacant lot. (4) No accessory structure shall be erected or located within any required yard other than the rear yard. (5) Accessory structures must have a minimum of a five-foot interior side setback and a ten - foot rear setback. Where a rear or side yard abuts a street, an accessory building shall be set back a minimum of 20 feet from the street property line. No structure may be placed in an easement except bridges by written permit approved by the City Council. (6) In case an accessory structure is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. (7) An accessory building, unless attached to and made a part of the main building, shall not be closer than six feet to the main building, except as otherwise provided in this section. (8) The total area of an attached accessory building (garage) shall be no greater than 1,500 square feet per level, but in no event may the garage space exceed the square footage of the main floor of the dwelling. (9) Swimming pools may exceed the size requirements for accessory structures, but shall not exceed 50 percent of the rear yard. (10) The side walls of an accessory building shall not exceed ten feet in height and the overall height of the structure shall not exceed 15 feet, except to match the roof slope of the principal structure. This provision shall not apply to farm buildings located in a R-1 district. (11) Arbors, trellises, balconies, breezeways, open porches, detached outdoor living rooms, and heating equipment may be placed in a rear yard if it is at least 15 feet from the rear lot line and five feet from a side lot line, but may not be closer to a side street property line than the principal structure. (12) Neither buildings with metal roofs and exterior walls and covering a total (exterior) area in excess of 120 square feet, nor any other buildings with metal roofs shall be permitted in any residential or mixed use districts. Pole type buildings and rigid frame structures with membrane roof or sides, are also prohibited all zoning districts. (13) Buildings exceeding 120 square feet shall be anchored to a concrete floating slab foundation. (14) The exterior color and design of an accessory structure shall be similar to the principal structure. (B) Accessory structures -non-residential uses. The following standards shall regulate the construction and maintenance of non-residential accessory structures: All accessory structures shall be subject to the same setback, height and exterior finish regulations as a principal structure for the district in which it is located. (C) Permits. All accessory structures shall require a building or zoning permit from the city. (Ord. 91, passed 3-8-2006; Am. Ord. 5, Second Series, passed 5-10-2006) § 154.023 SITE PLAN REVIEW REQUIRED. (A) Review scheduling. For all land use applications or permit applications for commercial or industrial structures, a site plan review is required by the Zoning Administrator or his or her designee. The review shall take place 30 days prior to the desired Planning and Zoning meeting. For example, if a property owner desires to have a proposal presented to the Planning and Zoning Commission in May, the application and site plan need to be presented to the Zoning Administrator or his or her designee the first week in April. (B) Submittal requirements. (1) Boundary survey of parcel including identification of all monuments; (2) Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and curbing; (3) Scaled identification of all setback dimensions from property lines; (4) Scaled locations of all existing and proposed utilities and easements; (5) Scaled depictions of floor plans for each story; (6) Scaled depictions of each building elevation and descriptions of exterior building CITY OF CENTERVILLE REQUEST FOR COMMISSION ACTION E e teryiffe Established 1857 Agenda Item # Department: Requested Meeting Date: VI.1 Planning September 5, 2023 TITLE OF ISSUE: Native Landscapes BACKGROUND AND SUPPLEMENTAL INFORMATION: At the last Planning and Zoning Commission meeting, the Commission discussed the new legislation requiring cities to allow native landscapes on private land and prohibiting certain vegetation overgrowth. The Commission also reviewed a sample ordinance from the city of Lexington, and a memo from the city attorney. Staff has made revisions to the city's ordinance(s) for the Commission's consideration. See the attached memo, proposed revisions, and supporting documentation in the packet. A public hearing has been scheduled at the October 3rd P&Z meeting. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Provide staff direction on additional revisions prior to the public hearing in October. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay Kuiper VACANT Other (specify) Memo, Ordinance(s), Statute Broussard Krueger _ Thompson Nelson 0 Olson Refer to: Consent Tabled Until: Regular Other: V V r Z ffe 1880 514ain Street, Centerville, IWN55038 `Fsta,6(shect 1857 651-429-3232or'ax,651-429-8629 To: Planning & Zoning Commission From: Athanasia Lewis, Assistant City Administrator Subject: Native Landscapes Date: September 5, 2023 Honorable Chair Kuiper, During the 2023 legislative session, a bill, requiring cities to allow property owners to install managed natural and native landscapes, passed. This legislation was enacted to protect declining populations of bees and other pollinators. Effective July 1 native landscapes that exceed 8 inches in height and go to seed, are allowed, if they are maintained and do not include noxious weeds. Weeds and grasses that are not part of a managed natural landscape cannot exceed 8 inches in height or be allowed to go to seed. Municipalities across the state are working with their city attorneys to ensure that their ordinances comply with this new legislation. Staff has researched what surrounding cities are doing and a summary of these findings follow: City of Lino Lakes The city has not updated their ordinance to reflect the new legislation, however, they will be working on this soon. City of Circle Pines The city's ordinance has provisions in place that allow weeds and grass to grow above six inches on privately property adjoining public land and in designated areas on private property. Individuals who want to naturalize portions of their property outside of designated areas are required to submit a landscaping management plan for approval. City of Lexington The city recently revised their code of ordinances to include definitions from the new state statue requiring cities to allow managed natural landscapes on private property. Lexington's code of ordinances also includes a provision for property owners to establish that a plant or plants, excluding noxious weeds, are not horticulturally out of place by submitting a written landscape management plan for staff review. Staff Consideration Based on the Planning and Zoning Commission's initial review of the city's ordinance and discussion on the city of Lexington's ordinance, staff recommends minimal changes to our existing language. Staff added verbiage to clarify that managed natural landscapes, as defined in state statute 412.925, are allowed. Staff does not think it is necessary to review landscaping plans and/or require permits for such plans. CHAPTER 91: HEALTH AND SAFETY; NUISANCES Section General Provisions 91.01 Purpose 91.02 Definitions 91.03 Public nuisances prohibited 91.04 Public nuisances affecting health 91.05 Public nuisances affecting morals and decency 91.06 Public nuisances affecting peace and safety 91.07 Enforcement 91.08 Abatement 91.09 Prohibited noise 91.10 Targeted Residential Picketing Open Burning 91.20 Purpose 91.21 Definitions 91.22 Prohibited materials 91.23 Permit required 91.24 Purposes allowed 91.25 Permit application; permit fees 91.26 Permit process 91.27 Permit holder responsibility 91.28 Revocation of open burning permit 91.29 Denial of open burning permit 91.30 Burning ban or air quality alert 91.31 Rules adopted by reference Cleanup of Clandestine Drug Lab and Chemical Dump Sites 91.45 General provisions 91.46 Definitions 91.47 Declaration as public health nuisance 91.48 Law enforcement action 91.49 Seizure of property 91.50 Action by Building Official or designee 91.51 Site owner's responsibility to act 91.52 Site owner's responsibility for costs 91.53 City action and recovery of costs 91.54 Recovery of costs from persons causing damage 841Page (G) All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota Rules, as may be amended from time to time, located on public or private property. The terms WEEDS and RANK VEGETATION includes, but is not limited to, the following: (1) Noxious weeds and rank vegetation shall include but not be limited to: alum (alliums), Buckthorn, Bur Cucumber, Canada Thistle, Comcockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A -Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as Berberis vulgaris or its horticultural varieties; (4) Any grass, weeds or plants, other than trees, bushes, flowers or other ornamental plants growing to a height exceeding eight inches that are not part of a managed natural landscape as defined in state statute 412.925; and (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants; and (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (H) All public exposure of persons having a contagious disease; (I) The emission of dense smoke, gas and soot, dust or cinders, and other noxious and offensive fumes, in the quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities; (J) Feces left by any domestic pet on public property or the property of another. The owner or person having the custody or control of the animal shall be responsible for immediately cleaning up any feces of the animal and disposing of the feces in a sanitary manner; and (K) All other acts, omissions of acts, occupations and uses of property which are deemed by the city to be a menace to the health of the inhabitants of the city or any considerable number thereof. Penalty, see § 91.99 Ord. 2d #55, amended 0310112012, Ord. 2d #110, amended 11/1312020 § 91.05 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: 871Page § 93.04 MAINTENANCE OF ADJOINING RIGHT OF WAY. (A)Duty QfProperty Owners to Cut Grass and Weeds and Maintain Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of eight (8) inches it shall be prima facie evidence of a failure to comply with this Section. Every owner of property abutting on any street shall subject to the provisions herein requiring a permit therefor trim cut and otherwise maintain all trees and shrubs in unhazardous and healthy condition from the line of such property nearest to such street to the center thereof. (B) Failure of Owner. If the owner of the abutting property fails to maintain adjoining right of way as required by this section, the city may secure compliance in the same manner as abatement of nuisance violations and may order such work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment. Ord. 2d # 15, amended 1011112006 § 93.15 ELECTION TO MANAGE. 1211 Page LACLEAGUE of MINNESOTA CITIES Focus on New Laws: Managed Natural and Native Landscaping Permitted in Cities July 7, 2023 Cities must now allow managed natural landscaping to be installed and maintained on all parcels. Effective July 1, 2023, municipalities are required to allow property owners and occupants to install and maintain managed natural landscapes. Chapter 62 (HF 1830*/SF 1426) is the omnibus state government finance bill that was signed into law on May 24, 2023. Article 3, section 9 creates a new provision of law as Minnesota Statutes, section 412.925: • Subpoint (a) requires all statutory cities or home rule charter cities to allow an owner, authorized agent, or authorized occupant of any privately owned lands or premises to install and maintain a managed natural landscape and defines a number of associated. • Subpoint (b) states that managed natural landscapes may exceed 8 inches in height and be allowed to go to seed, but must be maintained and cannot include noxious weeds. • Subpoint (c) states that weeds and grasses that are not part of a managed natural landscape cannot exceed 8 inches in height or be allowed to go to seed. City ordinances that are not consistent with this change would not be enforceable and may need to be amended or repealed. Managed natural landscape defined "Managed natural landscape" is defined as a planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural landscapes does not include turf -grass lawns left unattended for the purpose of returning to a natural state. The bill permits landowners to maintain managed natural landscapes in excess of 8 inches in height. However, weeds or grasses that are growing on land in a city, are taller than 8 inches, have gone to seed, and are not a part of a managed natural landscape are prohibited. The law went into effect July 1, 2023, and supersedes any local regulations requiring residents to maintain a managed turf -grass lawn. Lawn law history Minnesota is not the first state to pass legislation loosening local requirements with respect to residential lawns. In 2009, the Florida Legislature passed Florida Statutes 373.185, establishing a definition for "Florida -Friendly Landscaping" in the interest of preserving water and protecting local wetlands and waterfronts from lawn care runoff. This legislation encouraged, but did not require, local government authorities to consider permitting Florida -friendly landscaping, including the use of more native plants and grasses in residential yards. Similarly, in 2021, Maryland passed House Bill 322, which prohibited homeowners' associations from imposing unreasonable limitations on low -impact landscaping. The Minnesota bill follows the nationwide trend, but expands its authority significantly by not merely encouraging the use of native plants and grasses, or limiting only homeowners' associations from restricting such landscaping choices, but requiring cities to allow them and setting height requirements for turf -grass surfaces. Next step for cities The League recommends that cities and their attorneys review their local codes and ordinances to determine whether they have contradictory policies on the books. Read more news articles Your LMC Resource Craig Johnson IGR Representative (651) 281-1259 or (800) 925-1122 cjohnson@lmc.org Amber Eisenschenk Research Manager (651) 281-1227 or (800) 925-1122 aeisenschenk@lmc.org HF1830 FOURTH ENGROSSMENT REVISOR SGS H1830-4 123.1 EFFECTIVE DATE. This section is effective the day after the governing body of 123.2 Ramsey County and its chief clerical officer comply with Minnesota Statutes, section 123.3 645.021, subdivisions 2 and 3. 123.4 Sec. 7. [134.1151 ANOKA COUNTY LIBRARY ADVISORY BOARD. 123.5 Subdivision 1. Appointment. The Anoka County Board of Commissioners shall direct, 123.6 operate, and manage the suburban Anoka County library system. The county board shall 123.7 appoint seven members to a suburban Anoka County Library Advisory Board. All members 123.8 must reside in the suburban county library service area. The Anoka County Library Advisory 123.9 Board shall replace the existing Anoka County Library Board upon the effective date of 123.10 this section. 123.11 Subd. 2. Powers and duties. The Anoka County Library Advisory Board shall provide 123.12 advice and make recommendations on matters pertaining to county library services. The 123.13 Anoka County Library Advisory Board shall provide recommendations regarding integrated 123.14 county service delivery that impacts or is enhanced by library services. The county board 123.15 may delegate additional powers and duties to the Anoka County Library Advisory Board. 123.16 EFFECTIVE DATE. This section is effective the day after the governing body of 123.17 Anoka County and its chief clerical officer comply with Minnesota Statutes, section 645.021, 123.18 subdivisions 2 and 3. 123.19 Sec. 8. Minnesota Statutes 2022, section 383B.145, is amended by adding a subdivision 123.20 to read: 123.21 Subd. 11. Solicitations to small business enterprises or veteran -owned small 123.22 businesses. Notwithstanding the contract threshold of section 471.345, subdivision 4, a 123.23 contract, as defined in section 471.345, subdivision 2, estimated not to exceed $500,000 123.24 may be made pursuant to the provisions of section 471.345, subdivision 4, provided that a 123.25 business that is directly solicited is certified as either: (1) a small business enterprise; or (2) 123.26 a small business that is majority -owned and operated by a veteran or a service -disabled 123.27 veteran. 123.28 Sec. 9. 1412.9251 NATIVE LANDSCAPES. 123.29 (a) A statutory city or home rule charter city shall allow an owner, authorized agent, or 123.3o authorized occupant of any privately owned lands or premises to install and maintain a 123.31 managed natural landscape. For purposes of this section, the following terms have the 123.32 meanings given. Article 3 Sec. 9. 123 HF1830 FOURTH ENGROSSMENT REVISOR SGS H1830-4 124.1 (1) "managed natural landscape" means a planned, intentional, and maintained planting 124.2 of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not 124.3 limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural 124.4 landscapes does not include turf -grass lawns left unattended for the purpose of returning to 124.5 a natural state; 124.6 (2) "meadow vegetation" means grasses and flowering broad -leaf plants that are native 124.7 to, or adapted to, the state of Minnesota, and that are commonly found in meadow and 124.8 prairie plant communities, not including noxious weeds. "Noxious weed" has the meaning 124.9 given in section 18.77, subdivision 8; 124.10 (3) 'ornamental plants" means grasses, perennials, annuals, and groundcovers purposely 124.11 planted for aesthetic reasons; 124.12 (4) "rain garden" means a native plant garden that is designed not only to aesthetically 124.13 improve properties, but also to reduce the amount of stormwater and accompanying pollutants 124.14 from entering streams, lakes, and rivers; and 124.15 (5) "turf -grass lawn" means a lawn composed mostly of grasses commonly used in 124.16 regularly cut lawns or play areas, including but not limited to bluegrass, fescue, and ryegrass 124.17 blends, intended to be maintained at a height of no more than eight inches. 124.18 (b) Managed natural landscapes may include plants and Brasses that are in excess of 124.19 eight inches in height and have gone to seed, but may not include any noxious weeds and 124.20 must be maintained. 124.21 (c) Except as part of a managed natural landscape as defined in this section, any weeds 124.22 or grasses growing upon any lot or parcel of land in a city to a greater height than eight 124.23 inches or that have gone or are about to go to seed are prohibited. 124.24 Sec. 10. Minnesota Statutes 2022, section 428A.01, is amended by adding a subdivision 124.25 to read: 124.26 Subd. 7. Multiunit residential property. "Multiunit residential property" means: 124.27 (1) property classified as class 4a under section 273.13, subdivision 25, paragraph (a); 124.28 (2) condominiums, as defined under section 515A.1-103, clause (7), that are classified 124.29 as class la under section 273.13, subdivision 22, paragraph (a); class 4b under section 124.30 273.13, subdivision 25, paragraph (b), clause (1); class 4bb under section 273.13, subdivision 124.31 25, paragraph (c), clause (1); or condominiums under chapters 515 and 515A established Article 3 Sec. 10. 124 MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: KURT GLASER, CITY ATTORNEY SUBJECT: PROPOSED NATIVE LANDSCAPE ORDINANCE DISCUSSION DATE: JANUARY 4, 2023 From the December Commission meeting, the version of the proposed ordinance in this memo adds a provision for governance by a Zoning Permit. See the highlighted portion, below. PROPOSED ORDINANCE Section ##.## Definitions MEADOW VEGETATION: Grasses and flowering broadleaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. NOXIOUS WEEDS: Those plants so categorized by the state of Minnesota under Minnesota statutes 18.75 - 18.91 and listed on the "noxious weeds list"published by the Minnesota department of agriculture. REGULARLY CUT.- Mowing or otherwise cutting weeds or grass so that it does not exceed six inches (6') in length. TURF GRASSES: Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and nonwoody vegetation interspersed with them. WEEDS: Shall be construed to mean and include all noxious weeds as defined by the statutes of the state of Minnesota to include, but not be limited to: buffalobur, burdock, common cocklebur, crabgrass, dandelions, jimsonweed, quack grass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower, and all such useless and troublesome plants as are commonly known as weeds to the general public. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden Section ##. ## Nuisance (a) Weeds and grass. All weeds or growing grass upon any lot, parcel of land, or adjacent right-of-way area in the city to a height greater than eight inches, or which have gone or are about to go to seed, are hereby declared to be a nuisance and a detriment to the good order of the city with the following exceptions: (1) Meadow vegetation shown on an approved landscape plan in accordance with Section ##.##; (2) Natural wooded areas; (3) Wetlands, ponds or rain gardens; and (4) Areas where mowing is prohibited by easement or law. Section ##. ## Landscape Plan (1) Landscape Plan: A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically defined as noxious weeds may not be included within the landscape plan. Vegetation that does not comply with this plan are weeds. (2) An area may be established pursuant to a landscape plan if: a. The prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means; b. The area is cut at least once per year to a length of no more than six inches (6"), if weeds cover more than twenty five percent (25%) of the area; c. The area is clearly defined by edging, fence, or similar material; d. The area is set back not less than twenty feet from the front lot line. For the purposes of this ordinance, corner lots shall be deemed to have two front yards; e. The area is set back not less than five feet from the side and/or rear lot lines to provide a transition zone. No set back is required on the side or rear lot lines if i. (1) there is a fully opaque fence at least five feet in height installed between the native plants and the side or rear lot lines or ii. (2) the native plants abut a neighboring Native Plant Landscape Area; f. A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the Sign PA Ordinance but must be no smaller than ten inches (10") square, no larger than one square foot, and no higher than three feet (Y) tall. (3) Zoning Permit: An approved landscape plan shall be incorporated into an biannual zoning permit. The City Administrator or his designee shall examine proposed landscape plans and issue a zoning permit when the elements of a plan meet the criteria set forth in this section. The zoning permit shall be subject to suspension or revocation if any vegetation grown on the lot, parcel of land, or adjacent right-of-way area does not conform to the approved landscape plan or otherwise violates law or regulation. EXISTING ORDINANCE SECTIONS The proposed ordinance would require revisions to the following, existing sections of the Code. SECTION 7.10. REGULATION OF GRASS, WEEDS, AND TREES. Subd. 3. Duty of Property Owners to Cut Grass and Weeds and Maintain Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of One fee six inches it shall be prima facie evidence of a failure to comply with this Subdivision. Every owner of property abutting on any street shall, subject to the provision herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street. SECTION 10.33. MAINTENANCE OF PRIVATE PROPERTY. Subd. 1.Owner Responsibilities. It is the primary responsibility of any owner or occupant of any lot or parcel of land to maintain any weeds or grass growing thereon at a height of not more than six (6) inches; to remove all public health or safety hazards there from; to install or repair water service lines thereon; and to treat or remove insect - infested or diseased trees thereon. Subd. 2. Penalty. If any such owner or occupant fails to assume the primary responsibility described in Subdivision 1 of this Section, and after notice given by the Clerk has not within ten (10) days of such notice complied, the City may cause such work to be done and the expenses thus incurred shall be a lien upon such real estate. The Clerk shall certify to the County Auditor of Anoka County a statement of the amount of the cost incurred by the City. Such amount together with interest shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. SECTION 15.103. GENERAL REQUIREMENTS. Subd. 1. General Requirements. No person shall occupy as owner, occupant or let another for occupancy any dwelling or rooming unit for the purpose of living therein which does not comply with the following requirements. M. Maintenance of Grass, Weeds, Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of six -inches it shall be prima facie evidence of a failure to comply with this Subdivision. Every owner of property abutting on any street shall, subject to the provision herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street. P. Yard Cover. Exposed areas surrounding (or within) a principal or accessory structure, including street boulevards which are not devoted to parking, drives, sidewalks, patios or other such uses, must be landscaped with grass, shrubs, trees, or other ornamented landscape material. Such landscaping shall be maintained in good condition and free of noxious weeds. Weeds, including tall grass, may not exceed six inches in height. 4 CITY OF LEXINGTON COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.23-0 AN ORDINANCE REGARDING NATIVE LANDSCAPE WHEREAS, the first reading of this Ordinance occurred on February 2, 2023. WHEREAS, the second reading of this Ordinance occurred on February 16, 2023. THE CITY COUNCIL OF LEXINGTON DOES HEREBY ORDAIN AS FOLLOWS: Subdivision 1. Chapter 7 of the Lexington Code of Ordinances shall reflect the following changes. Section 7.01 Definitions MEADOW VEGETATION.• Grasses and flowering broadleaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. NOXIOUS WEEDS: Those plants so categorized by the state of Minnesota under Minnesota statutes 18.75 -18.91 and listed on the "noxious weeds list" published by the Minnesota department of agriculture. REGULARLY CUT: Mowing or otherwise cutting weeds or grass so that it does not exceed six inches (6") in length. TURF GRASSES: Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and nonwoody vegetation interspersed with them. WEEDS: Shall be construed to mean and include all noxious weeds as defined by the statutes of the state of Minnesota to include, but not be limited to: buffalobur, burdock, common cocklebur, crabgrass, dandelions, jimsonweed, quack grass, common and giant ragweed, field sandbur, velvedeaf, and wild sunflower, and all such useless and troublesome plants as are commonly known as weeds to the general public. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden. SECTION 7.10. REGULATION OF GRASS, WEEDS, AND TREES. Subdivision 3. Duty of Property Owners to Cut Grass and Weeds and Maintain Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of one Poet six inches it shall be prima facie evidence of a failure to comply with this Section Subdivisien. Every owner of property abutting on any street shall, subject to the provision herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street. Subdivision 4. Weeds and grass. (A) All weeds or growing grass upon any lot, parcel of land, or adjacent right-of-way area in the city to a height greater than six inches, or which have gone or are about to go to seed, are hereby declared to be a nuisance and a detriment to the good order of the city with the following exceptions: 1. Meadow vegetation shown on an approved landscape plan as defined herein; 2. Natural wooded areas; 3. Wetlands, ponds or rain gardens; and 4. Areas where mowing is prohibited by easement or law. (B) Landscape Plan: A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically defined as noxious weeds may not be included within the landscape plan. Vegetation that does not comply with this plan are weeds. An area may be established pursuant to a landscape plan if. 1. The prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means; 2. The area is cut at least once per year to a length of no more than six inches (6"), if weeds cover more than twenty five percent (2501o) of the area; 3. The area is clearly defined by edging, fence, or similar material; 4. The area is set back not less than twenty feet from the front lot line. For the purposes of this ordinance, corner lots shall be deemed to have two front yards; Pa S. The area is set back not less than five feet from the side and/or rear lot lines to provide a transition zone. No set back is required on the side or rear lot lines if a. there is a fully opaque fence at least five feet in height installed between the native plants and the side or rear lot lines; or b. the native plants abut a neighboring Native Plant Landscape Area. 6. A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the Sign Ordinance but must be no smaller than ten inches (10') square, no larger than one square foot, and no higher than three feet (3 ) tall. Subdivision 5. Zoning Permit: An approved landscape plan shall be incorporated into an biannual zoning permit. The City Administrator or his designee shall examine proposed landscape plans and issue a zoning permit when the elements of a plan meet the criteria set forth in this section. The zoning permit shall be subject to suspension or revocation if any vegetation grown on the lot, parcel of land, or adjacent right-of-way area does not conform to the approved landscape plan or otherwise violates law or regulation. Subdivision 64. City May Order Work Done. The City may, in cases of failure to comply with this Section, perform such work with employees of the City, keeping an accurate account of the cost thereof for each lot, piece or parcel of land abutting upon such street. Subdivision 7-5. Assessment. If such maintenance work is performed by the City as set forth in the foregoing Subdivision, the Clerk shall forthwith upon completion thereof ascertain the cost attributable to each lot, piece or parcel of abutting land. The Clerk shall, at the next regular meeting thereof, present such certificate to the Council and obtain its approval thereof. When such certificate has been approved it shall be extended as to the cost therein stated as a special assessment against such abutting land and such special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected. Subdivision 2. Chapter 10 of the Lexington Code of Ordinances shall reflect the following changes. SECTION 10.33. MAINTENANCE OF PRIVATE PROPERTY. Subd. 1. Owner Responsibilities. It is the primary responsibility of any owner or occupant of any lot or parcel of land to maintain any weeds or grass growing thereon at a height of not more than six (6) inches; to remove all public health or safety hazards there from; to install or repair water service lines thereon; and to treat or remove insect -infested or diseased trees thereon. The maintenance requirements of this paragraph shall be consistent with the requirements contained in Section 7.10 of this Code of Ordinances. Subdivision 3. Chapter 15 of the Lexington Code of Ordinances shall reflect the following changes. SECTION 15.103. GENERAL REQUIREMENTS. Subd. 1. General Requirements. No person shall occupy as owner, occupant or let another for occupancy any dwelling or rooming unit for the purpose of living therein which does not comply with the following requirements. N. Maintenance of Grass, Weeds, Trees and Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of such property nearest to such street to the center of such street. If the grass or weeds in such a place attain a height in excess of six -inches it shall be prima facie evidence of a failure to comply with this Subdivision. Every owner of property abutting on any street shall, subject to the provision herein requiring a permit therefore, trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street. The maintenance requirements of this paragraph shall be consistent with the requirements contained in Section 7.10 of this Code of Ordinances. Subd. 6. Conditions of Components or Systems of Existing Residential Structures. O. Yard Cover. Exposed areas surrounding (or within) a principal or accessory structure, including street boulevards which are not devoted to parking, drives, sidewalks, patios or other such uses, must be landscaped with grass, shrubs, trees, or other ornamented landscape material. Such landscaping shall be maintained in good condition and free of noxious weeds. Weeds, including tall grass, may not exceed six inches in height. The maintenance requirements of this paragraph shall be consistent with the requirements contained in Section 7.10 of this Code of Ordinances. Subdivision 4. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. El Subdivision 5. Summary Publication. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lexington, due to the lengthy nature of this Ordinance does direct that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4 The Council finds that the following text clearly informs the public of the intent and effect of Ordinance 23-0_, and hereby approves the following summary text for publication: "SUMMARY PUBLICATION OF ORDINANCE 23-0 . AN ORDINANCE REVISING STORMWATER MANAGEMENT, was approved by the Lexington City Council on February , 2023. This Ordinance revised property management requirements allowing for native vegetation. NOTICE: the full text of Ordinance 23-0 and its attachments are available for public inspection at Lexington City Hall located at 9180 Lexington Avenue, Lexington, MN 55014, during regular office hours." PASSED by the City Council of the City of Lexington this day of , 2023. ATTEST: Bill Petracek, City Administrator Published in the Quad Press on Gary Grote, Mayor ##, 2023 E CITY OF CENTERVILLE REQUEST FOR COMMISSION ACTION E e teryiffe Estadfished 1857 Agenda Item # Department: Requested Meeting Date: VI.1 Planning September 05, 2023 TITLE OF ISSUE: Medical Treatment Facilities BACKGROUND AND SUPPLEMENTAL INFORMATION: The Planning and Zoning Commission discussed placement and regulation of medical facilities at their last meeting. The moratorium on prohibiting new or expanded facilities of this nature is in place until October 31, 2023. Staff has revised the ordinances to reflect points of discussion at the last P&Z meeting. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Provide staff direction on revised ordinance language prior to the public hearing in October. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay Kuiper VACANT Other (specify) Memo, Ordinance, Supporting Documents Broussard Krueger Thompson Nelson 0 Olson Refer to: Consent Tabled Until: Regular Other: � Ljg, teryiffe 18809fainStreet, CeatemiiTe, 912N55038 `F-S ablished-W57 651-429-3232 or'Fax651-429-8629 To: Planning & Zoning Commission From: Athanasia Lewis, Assistant City Administrator Subject: Medical Treatment Facilities/Substance Abuse Clinics Date: September 5, 2023 Honorable Chair Kuiper, Over the last several months, the Planning and Zoning Commission has had considerable discussion about medical treatment facilities, i.e., substance abuse treatment clinics. The topic came up when staff learned about potential interest for this type of clinic in the area. Currently there is nothing in our code of ordinances to regulate this type of clinic. Therefore, in October of 2022, city council passed a resolution prohibiting new or expanded medical facilities, i.e., substance abuse treatment clinics in the city. The intent was to allow staff more time to study the issues and make any changes to city code prior to the expiration of the moratorium on October 31, 2023. At the last Planning and Zoning Commission meeting, the Commission reviewed a memo from Attorney Glasser outlining potential problems and local regulation of substance abuse clinics. Commissioners discussed placement and requirements for medical treatment facilities. Staff researched what other cities with medical treatment facilities are doing and a summary follows: City of Woodbury The city allows medical treatment facilities, defined as "clinics for human care" in several zoning districts, including B-2 General Business District, Mixed -Use, B-1 Office, CC -City Center, MC - Medical Campus, FC-1 Freeway Corridor, GW-Gateway, and BC -Business Center. Staff spoke with a planner in Woodbury about their out -patient facility to learn about any issues they may have and to date the one issue they have seen is that cabs are queuing in front of the building as patients are dropped off and/or picked up. The city of Woodbury does not have language in their ordinance regarding licensure requirements for staff at this type of facility. City of Lexington The city has a one-year moratorium on prohibiting medical facilities. Staff Consideration Based on the Planning and Zoning Commission's discussion and review of Attorney Glasser's memo, staff recommends ordinance revisions to allow medical treatment facilities, defined as substance abuse treatment clinics in the B-2 Main Street Commercial District. Staff believes that placement of substance abuse treatment clinics in plain sight is the best way to monitor and deter crime -related activities. Staff recommends revising the Zoning Ordinance to define substance abuse treatment clinics, add provisions for local control (licensing, loitering, land use, security, communications, and operations, etc. CHAPTER 156: ZONING CODE Section General Provisions 156.01 Title; purpose 156.02 Jurisdiction 156.03 Application 156.04 Scope and interpretation 156.05 General interpretation 156.06 Definitions 156.07 through 156.014 reserved for future use Districts and Use Regulations 156.015 General provisions 156.016 Rural Residential District (R-1) 156.017 High -Density Single -Family Residential District (R-2A) 156.018 Single -Family Residential District(R-2) 156.019 Single -Family Manufactured Housing District (R-4) 156.020 Single -Family Residential - Estate District (R-5) 156.021 High -Density Multi -Family Residential District (R-3) 156.022 through 156.029 reserved for future use 156.030 Commercial District (B- 1) 156.031 Main Street Commercial District (B-2) 156.032 through 156.039 reserved for future use 156.040 Industrial District (I-1) 156.041 through 156.049 reserved for future use 156.050 Public/Institutional District (P-1) 156.051 Mixed Use District (M-1) 156.052 Mixed Use Neighborhood District(M-2) 156.052 through 156.099 reserved for future use General Regulations 156.100 Lot provisions 156.101 Nonconforming uses and structures 156.102 Home occupations 156.103 Single-family dwelling requirements 156.104 Temporary dwellings and structures 156.105 Public utilities required 156.106 Relocated buildings or structures 3271 Page 156.107 Accessory structures and uses 156.108 Site plan review 156.109 Final grading and landscaping 156.110 Building numbers 156.111 Fences 156.112 through 156.120 reserved for future use 156.121 Height 156.122 Yards 156.123 through 156.132 reserved for future Use 156.133 Special provisions related to development or building on lands within 100 feet of Centerville Lake, Peltier Lake or Clearwater Creek 156.134 through 156.143 reserved for future use 156.144 Other standards 156.145 through 156.154 reserved for future use 156.155 Woodlands preservation 156.156 through 156.165 reserved for future use 156.166 Parking requirements 156.167 Tree Planting 156.168 Through 156.177 reserved for future use 156.178 Landscaping Planned Unit Developments 156.200 Objectives 156.201 through 156.209 reserved for future use 156.210 General requirements 156.211 through 156.219 reserved for future use 156.220 Uses permitted 156.221 Relationship of PUD site to adjacent areas 156.222 Minimum size 156.223 Minimum lot size 156.224 Setback and side yard requirements 156.225 Access to public right-of-way 156.226 Utility requirements 156.227 Open space 156.228 Parking 156.229 Reserved for future use 156.230 Arrangement of commercial uses 156.231 through 156.239 reserved for future use 156.240 Arrangement of industrial uses 156.241 through 156.249 reserved for future use 156.250 Pre -application meeting; procedure 156.251 Application 156.252 Actions 156.253 PUD agreement 3281 Page BUILDING, PRINCIPAL. See principal structure BUSINESSAREA. Any business activity which renders service to other commercial or industrial enterprises. CERTIFICATE OF OCCUPANCY Issued by the Building Official/Inspector of the city upon satisfactory final inspection of dwelling unit(s) or commercial building(s). CLEAR CUTTING. The indiscriminate removal of trees, shrubs or undergrowth with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed, removal of dead trees or normal mowing operations. CLINIC. Any establishment where human patients are examined and treated by doctors or dentists but are not hospitalized overnight. CLINIC (SUBSTANCE ABUSE TREATMENT). Any establishment where human patients are examined and treated by licensed medical practitioners for substance abuse -related conditions but are no hospitalized overnight. ' Formatted: Indent: Left: 0" CLUB. Any establishment operated for social, recreational or educational purposes but open only to members and not the general public. CLUSTER HOUSING. The grouping of single-family dwellings within specified areas while maintaining the same overall allowable density in that same area. COMMERCIAL USE. An occupation, employment or enterprise that is carved on for profit by the owner, lessee or licensee. COMMISSION. The Planning and Zoning Commission of the city. COMMISSIONER. A member of the Planning and Zoning Commission. COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development of the city and including a land use plan, a community facilities plan and a transportation plan which has been prepared and adopted by the city. CONDITIONAL USE. A use which, because of special problems of control, requires reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the comprehensive plan. CONDITIONAL USE PERMIT. A permit, issued by the Council, in accordance with procedures specified in this chapter as a flexibility device to enable the Council to assign dimensions to a proposed 3341 Page shall occur on site except minor maintenance including tire inflation, adding oil and wiper replacement. Vehicles that are inoperable or are missing body parts shall be stored inside a building. (2) Automobile and motorized equipment service, excluding salvage operation, as accessory to a gas station, provided all repair, assembly, disassembly, or maintenance of vehicles shall occur within a closed building except minor maintenance including tire inflation, adding oil and wiper replacement. Vehicles that are inoperable or missing body parts shall be stored inside a building. or in a properly screened area, provide however that vehicles which are inoperable, missing body parts, or are unlicensed may not be stored outside a building longer than 90 days. (3) Building supply sales, provided all sales and storage of materials and equipment shall be completely within an enclosed building. (4) Commercial schools and cultural centers; (5) Commercial recreation; (6) Funeral homes and mortuaries (excluding crematoriums); (7) Hospitals; Formatted: Font: 12 (a) Treatment must be performed while a licensed medical practitioner is on site. (d) A security and traffic control plan must be submitted to the city for approval. (e) An Interim Use Permit (IUP) must be granted for a period of two (2) years to measure compliance with State, Federal, and City -related standards. (fl A community relations plan, establishing a community liaison to share information with, must be submitted to the city for approval. ($}Loierngm front ofhe build ngph Formatted Formatted: Font: 12 pt Formatted: Indent: Left: 083", Hanging: 0.25", No bullets or numbering, Tab stops: Not at 1.08" (9)if 0) Licensed Day Care Serving 17 or more persons; 3551 Page Formatted: Not Expanded by / Condensed by Formatted: Font: 8.5 pt, Underline, Font color: Custom Color(RG B(209,51,55)) Formatted: Left, Indent: Left: 0.63", Hanging: 0.18", No bullets or numbering, Tab stops: Not at 0.68" Formatted: Font: 8.5 pt, Underline, Font color: Custom Color(RG B(209,51,55)) Formatted: Font: 8.5 pt, Underline, Font color: Custom Color(RG B(209,51,55)) Formatted (B) General minimum requirements. The following minimum requirements, as set forth herein, shall apply to all buildings that may be erected, converted or structurally altered in industrial districts. (C) Setbacks. Specific setbacks are set forth in Appendix A, Table 1, District Regulations Lot and Yard Requirements. In addition, side yards facing streets on corner lots shall be considered the same as front yards. where a front yard or side yard of a corner lot faces a residential district across a street, the setback from the street shall be not less than 60 feet. (D)Off-streetparking. Off-street parking shall be provided as required by this chapter. All open street parking areas having more than six parking spaces shall be effectively screened by a wall, fence of acceptable design or compact hedge along all sides which adjoin or are directly across the street from the property in a residential zone or institutional use. The wall, fence or hedge shall be maintained in good condition. Plans for fencing shall be approved by the City Council. The fence shall not be used for advertising purposes. (E) Buffer zone between industrial and residential districts. where the side yard of any industrial district abuts a residential district, the minimum side yard setback shall be 60 feet. Parking of vehicles will be permitted within 40 feet of the side yard line. All side yard areas not utilized for puking shall be landscaped with screening provided along the side lot line to within 15 feet of any public right-of-way. (F) Screening requirements. If the City Council requires any type of screening as a condition for a variance or, conditional use, or interim use the applicant shall comply with the following conditions: (1) File a copy of the screening plans with the Zoning Administrator; (2) The screening, planting or construction, or both shall be complete within one year from the date ofbuilding permit, subject to extension by the City Council; (3) The screening shall be maintained after completion; and (4) A dollar amount of one and one-half times the estimated cost of planting and construction of the screening shall be filed with the city in the form of a cash escrow or letter of credit. The cash escrow or letter of credit amount shall be forfeited to the city if any provisions of this section me violated. (G)Landscaping. A minimum often percent of any lot shall be green space. Three percent of the surface area of the land within a puking area shall be landscaped with grass and shrubbery or other approved ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis. Green areas within abutting street rights -of -way will also be maintained by the property owner. Additional landscaping regulations are set forth in § 156.178. (H)Accessory structures. Garages, accessory structures, screen walls and exposed areas of retaining walls shall be of similar type, quality and appearance as the principal structure. Accessory structures shall comply with other requirements of this chapter. 3581 Page TABLE 156-A.1 District Allowed Uses Revised Ord. 113, 05/26/2021 0 0 n o 0 o n o n ti o o°m can n On N On ry a 4qw 4 h0 � h0 W h0 4 h0 Q' h0 0 h0 0 h0 n h0 g hrO h0 Q h0 D Use Category and Use Type Agricultural Uses Crop production and vegetable gardening P Produce stands for products raised on the premises P Tree nurseries and sod farms P Horses, livestock and fowl, not exceeding a density of one horse or livestock animal per P acre or three fowl per acre Group Living Uses Nursing homes C Residential -Care for six or Fewer Persons P P P P P P PUD PUD (Except Juvenile Sex Offender Treatment) Residential -Care for Juvenile Sex Offender Treatment for six or fewer persons. (Subject to conditions as are necessary to protect the C health and safety of the residents of the residential facility per 156.021(C)(3).) 156.021(C3) Residential -Care for seven through sixteen Persons (Except Care for Juvenile Sex Offender C Treatment) Family Day Care serving twelve or fewer P P P P P P PUD PUD persons Group Family Day Care serving 14 or fewer P P P P P P PUD PUD persons Licensed day care serving thirteen through C sixteen persons Licensed day care serving seventeen or more C PUD PUD persons Specialized Care Facility C PUD PUD Household Living Uses Single-family detached dwellings at a density P not exceeding one home per ten acres Single-family detached dwellings P P P P Single-family attached dwellings with up to two P dwelling units per building Single-family attached dwellings with up to C twelve dwelling units per acre Single-family attached or detached dwellings where in combination with multi -family PUD dwellings on the development property meet the district density goal Manufactured housing development, park, or PUD cooperative 156.019 Multi -family projects PUD PUD PUD Public parks and recreation uses P P P P P P P P Residential accessory uses as further reguated P P P P P P in this chapter 156.107 Home Occupations P P P P P P 156.102 Commercial Uses Accessory Buildings P P P C C 156.040 (H), 156.107 Accessory storage within the principal building P P P P P P P P P P P P 156.107 Adult and Sexually oriented businesses as C further regulated in this code 110.01-110.99 Veterinary Clinic C C 90.01-90.09 Revised Ord. 113, 05/26/2021 ao°co�^ 2' yam. Q` ham. � h`°' � y`°' a- y`°' � yam• m yam• m yam• ` yam• '� y`°' � ,�`°' e' ,,`°' a d Use Category and Use Type ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ P Q Pet Shop C C C 90.01-90.09 Kennel C 90.01-90.09 Automobile and motorized equipment sales, C C excluding salvage operations (Outdoors) Automobile and motorized equipment sales, P P excluding salvage operations (Indoors) Automobile and motorized equipment service, excluding salvage operations as accessory to a C C as station Automobile and motorized equipment service, C C excluding salvage operations Barber/beauty salons P P PUD PUD Building Supply Sales and Storage Yards C C Building Supply Sales and Storage Yards C Winthin Building Only) Business and Professional Offices P P P PUD PUD Car washes C P Car wash, as Accessory to Retail Fuel Sales C C Commercial schools/Cultural Centers C C P Commercial recreation C C C PUD PUD Construction trade offices and yards P Crematorium Day care - see Group Living Uses C C C C C C C Day care facility P P PUD PUD Eating and drinking establishments P P Farm/Lawn Implement sales and service C Farm/Lawn Implement sales and service P P Within Building Only) Financial institutions P P PUD PUD Funeral homes and mortuaries (excluding C C Crematoriums Hospitals, Clinics, Substance Abuse Clinics C C P Hotels P P PUD Liquor stores P P PUD PUD Medical Clinic P P PUD PUD Machine and repair shops -inside building only C P Non -Retail (Bulk) Fuel Sales C Personal and professional business offices P P P PUD PUD Public buildings C C C C C C P P P PUD PUD P Public utility buildings and structures C C C C C C P P P Retail Fuel Sales P P Theatres and recreational businesses P P PUD conducted within structures. Retail sales and service, excluding adult- P P PUD PUD oriented businesses Outdoor retail sales and service, excluding C C C adult -oriented businesses Industrial Uses Indoor Shooting/Archery Range P Revised Ord. 113, 05/26/2021 ^ o H o "T o M Ory p o h Oryo ^ OMo ti OM n Opo ^ phn ^. ohry n oho aOCC�n 00 00 0o Q' hrO Q' hrO Q' hrO m hrO m hrO n 00 hrO ^S` 0o Q� hh a y Use Category and Use Type ^ ^ ^ ^ ^ ^ ^ ^ ^ n ^ n Q Machine and repair shops (Indoors) C P Manufacturing, processing, assembly except recycling and waste C Mini -Storage C C Research Facility, excluding animal or livestock P Industrial Uses Recycling and Waste Processing entirely within the principle structure C Truck Terminal 4 C Warehouse/Distribution P CODES "1 These references are for guidance only and are not intended to include all applicable sections of the Interim Use I Permitted Use P Conditional Use C Planned Unit Development PUD code. Reference: Procedures for Site Plan Review X X X X X X X X X X X 156.108 Procedures for Conditional Use Permits X X X X X X X X X X X 156.320 Procedures for Planned Unit Developments X X X X X X X X X X X 156.200 Procedures for Variances X X X X X X X X X X X 156.310 Landscape and Tree Planing Requirements X X X X X X X X X X X X 156.167, 156.168 Fences X X X X X X X X X X X X Building Height Limits X X X X X X X X X X X X 156.121 Yards X X X X X X X X X X X X 156.122 Setbacks X X X X X X X X X X X X Appendix A, Table 1 Parking Requirements X X X X X X X X X X X X 156.166 Other Standards X X X X X X X X X X X X 156.144 Out,Storage X X X X X X X X X X X X 156.144, (M) Shoreland Requirements I X I X X X X X X X X X X 156.133 MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: KURT GLASER, CITY ATTORNEY SUBJECT: SUBSTANCE ABUSE CLINIC STUDY & DISCUSSION POINTS DATE: JULY 6, 2023 Substance abuse clinics which provide medication -assisted treatment for individuals with opioid addiction can generate concerns and challenges within the surrounding community. These clinics typically provide daily doses of the prescription drugs methadone or suboxone to patients as part of treating substance abuse addiction. These clinics are commonly called, "methadone clinics." The Commission is asked to study this subject to determine whether to impose conditions on the operation of these clinics. POTENIAL PROBLEMS Some of the common concerns associated with these clinics are: 1. Crime and Public Safety: Potential for increased crime rates, loitering, or illicit drug activities in the vicinity of these clinics. a. Drug -related Crimes: The illegal drug trade and related activities, such as drug dealing or the presence of individuals seeking to buy or sell drugs, can occur in the vicinity of methadone clinics. b. Property Crimes: There may be instances of property crimes such as theft, burglary, or robbery in the vicinity of methadone clinics. Some individuals struggling with addiction may resort to these activities to fund their substance use or due to financial difficulties associated with their condition. c. Prescription Fraud: These clinics dispense medication to their patients, and prescription fraud can occur when individuals attempt to obtain methadone illicitly or forge prescriptions for the medication. This can lead to crimes such as identity theft, prescription forgery, or illegal distribution of methadone. 2. Property Values: Some individuals worry that the presence of a methadone clinic in their neighborhood may have a negative impact on property values. 3. Traffic and Parking: Increased traffic and parking congestion caused by the influx of patients attending the clinic. 4. Environmental Impact: Improper disposal of medication or waste by the clinic may raise environmental concerns, particularly if it poses a risk to local water sources or wildlife. 5. Community Integration: These clinics often face opposition from community members who resist the integration of such facilities in their neighborhoods. This resistance can stem from various factors as stated above and also fears of the unknown, concerns about the clinic's impact on the community's character, or biases against individuals with substance use disorders. It is crucial to understand that these problems are not exclusive to areas with methadone clinics and can occur in any community affected by substance use disorders. These clinics play an essential role in providing treatment and support for individuals with opioid addiction, aiming to reduce the harm associated with substance abuse and improve overall community well-being. Effective regulation, security measures, and collaboration with local law enforcement can help address and prevent potential criminal activities in the surrounding areas. LOCAL REGULATION These clinics provide medical services and prescription medications under licenses issued by the State. These medical licenses are subject to State and Federal standards. Cities can regulate land use, impose general business regulations, and adopt anti -crime or public nuisance related ordinances. Potential conditions the City can impose on the clinic through land -use Permits. 1. Land Use Standards: a. Designate clinics to appropriate zoning districts. b. Create performance standards such minimum distances from nurseries, schools, daycare facilities, or other areas where children or protected persons tend to congregate. c. Create performance standards for the construction or configurate of the clinic. d. Set relevant conditions governed by Conditional Use Permits or Interim Use Permits. i. Use of Interim Permits for a set duration could be used to measure compliance with State, Federals, and City related standards. 2. Security measures: a. Require the clinic to have a security and traffic control plan. i. Maintain private security and traffic control personnel and programs. b. Require the client to pay for excess use of municipal services or emergency serves. i. Have the clinic maintain an escrow or post a bond to ensure payment. PA 3. Community Relations. a. The clinic could development and implementation of a community relations plan that is specific to the configuration and needs of the program within its community and includes but is not limited to the following actions: i. Establish a liaison with community representatives to share information about the program, the community, and mutual concerns and issues. ii. Identify program personnel who will function as community relations coordinators and define the goals and procedures of the community relations plan. iii. Serve as a community resource on substance use and related health and social issues as well as promote the benefit of medication -assisted treatment in preserving the public health. iv. Solicit community input about medication -assisted treatment and the program's presence in the community. v. Develop program policies and procedures to effectively address or resolve community problems (including patient loitering and medication diversion) and ensure that program operations do not affect community life adversely. b. Document community contacts and community relations efforts and evaluate the effectiveness of activities over time in addressing outstanding problems or deficiencies. c. Develop communication mechanisms that provide interested parties and potential patients with general information about the program outside of regular operating hours. 4. Voluntary and Involuntary Program Closure. a. The clinic, through State authorities and the City, must establish procedures that ensure continuity of care for patients in the event of either a voluntary or involuntary closure of their programs or loss of its land -use Permit. b. The closure plan should include standards for closure of the clinic, and steps for the notification and orderly transfer of patients, records, and assets to other programs or practitioners and the procedure for securing and maintaining patient records for a specified period of time in accordance with state and federal regulations. CITY OF CENTERVILLE REQUEST FOR COMMISSION ACTION E e teryiffe Estadfished 1857 Agenda Item # Department: Requested Meeting Date: VII.1 Planning September 5, 2023 TITLE OF ISSUE: M-1 & M-2 Zoning District Regulations BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff wishes to have the commission address an incongruence between the City's Zoning Code, the Downtown Master Plan and the City's Comprehensive Plan. City Code for the M-1 and M-2 districts both begin by saying that the intent of the zoning districts is to implement the Downtown Master Plan. However, the code lists a density range for each district as 12-30 units per acre. The Downtown Master Plan only has this range listed for the M-1 district. The M-2 District is listed at 20 - 45 units per acre. The city's Comprehensive Plan lists the density range for the Mixed Use Districts as 12-30 units per acre, but does not differentiate between the two. Staff will present some examples of densities for proposed projects and rationale for making changes to these 3 documents, so there are not contradictions. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Call for a public hearing on a change to the M-1/M-2 Zoning Code, Downtown Master Plan, and for a Comprehensive Plan Amendment. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X Vote Record: Ave Nay Kuiper VACANT Other (specify) VACANT Krueger Thompson Nelson 0 Olson Refer to: Consent Tabled Until: Regular Other: Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. Cross-reference: Signs, see Chapter 152 Adult business licensing, see Chapter 110 Ord. 2d, #40. Amended 1212212010, Ord. 2d #58 amended 10/1012012 §§ 156.041 THROUGH 156.049 RESERVED FOR FUTURE USE. § 156.050 PUBLIC/INSTITUTIONAL DISTRICT (P-1). (A)Purpose. It is intended that the P-1 District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses. (B) Permitted uses. (1) Government buildings, structures, facilities, utilities, rights -of -way, easements, parks, open spaces and vacant land; and (2) Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. Ord. 2d #58, amended 10/1012012 § 156.051 MIXED USE DISTRICT (M-1). (A)Purpose. It is intended that the M-1 District implement the "Master Plan and Development Guidelines for Downtown Centerville," adopted by the City Council on January 11, 2006 (the "Redevelopment Plan"), and provide for the unique layout and character of a traditional central business district with retail, professional office, accessory residential and other mixed uses. The M-1 District correlates to the "Mixed Use Corridors" in the Redevelopment Plan. (B) Permitted uses. See Table 156-A.1. (1) Residential uses with a density between 12 and 30 units per acre. (2) Retail uses must occupy the first floor of all buildings. (C) Special requirements. The following special requirements are intended to implement the Redevelopment Plan, which is incorporated herein by reference. 357 1 Page (1) Existing uses that are not in conformance with this section may not be expanded, but may continue as nonconforming uses. Additions to a nonconforming single-family residential structure may be allowed, provided the square footage of the main floor of the home is not increased by more than 33% from that which existed on January 11, 2006. Also, accessory buildings or uncovered decks and porches may be constructed in conjunction with nonconforming single-family uses, provided they meet all of the conditions, including setbacks, as required in the R-2 Single Family District. (Ord. 2d #36, amended 7/14/2010) (2) In making decisions about land use compatibility and dimensional criteria for uses and structures, the City shall have broad discretion to protect the public health, safety and welfare; and to protect the integrity of the M-1 District and surrounding residential neighborhoods. Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit Development. (3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but rather planned side streets and alleys must be used for such access. (4) The architectural design and exterior building materials used in connection with any new or expanded use or structure shall be consistent with any architectural design or aesthetic control requirements established by the Redevelopment Plan. The city will engage the services of a consultant architect to assist with the review. The cost of such services may be charged to the applicant. Ord. 2d, #3. amended 0511012006, Ord. 2d #58, amended 10/1012012; Ord. 2d #101, amended 1111312019. § 156.052 MIXED USE NEIGHBORHOOD DISTRICT (M-2). (A)Purpose. It is intended that the M-2 District implement the "Master Plan and Development Guidelines for Downtown Centerville," adopted by the City Council on January 11, 2006 ("The Redevelopment Plan"), and provide for higher density residential uses and accessory retain and office uses to complement the adjoining M-1 District and existing neighborhoods. The M-2 District correlates to the "Downtown Neighborhood" designation in the Redevelopment Plan. (B) Permitted Uses. See Table 156-A.1 (1) Residential uses with a density between 12 and 30 units per acre. (2) Ground level retail or offices. (C) Special Requirements. The following special requirements are intended to implement the Redevelopment plan, which is incorporated herein by reference. 358 1 Page Parking Strategy Includes On -Street C. II. b. Site Development Standards: Mixed -Use Corridors Allowable Land Use Retail, office and high density residential uses are all allowed in the Mixed -Use Corridors. With the exception of office or residential lobbies, retail and restaurant uses should comprise the entire ground floor of all buildings. The minim residential density will be 12 units per acre, and the maximum density will be 30 units per acre. Minimum Lot Area: NA Minimum Lot Width/Depth: NA Front Build -to Lines; 80% of the lot frontage must be built out to the built -to line or lot line. Where buildings front on common areas, pedestrian ways or other open spaces, 80% building facades must be built to the open space line. Driveways to parking facilities and access drives to service areas are excepted. The build -to line for new development along Centerville road is offset 40' from the centerline. Rear Yard Setback: None. Subject to individual review. Downtown Centerville Master Plan & Development Guidelines Floor Area Ratio: By individual review, but multi -story buildings are encouraged throughout the Mixed -Use Corridors. Free standing, single story buildings are discouraged. Minimum Building Height: 32 ft. Maximum Building Height: Three floors or 45 ft. Subject to individual review. Off Street Parking- Retail/Office Parking facilities within the Mixed -Use Corridors will be subject to individual review. Parking facilities for the retail and public uses will be considered to be part of the public infrastructure and may be co- developed with City participation. Shared or "district" parking facilities will be encouraged. Off Street Parking - Residential Private and secure parking for residences within the Mixed -Use Corridors will be fully enclosed in private facilities. Guest parking may be accommodated in public facilities or on -street. Parking demand will be market driven and subject to individual review. A minimum of one space per bedroom is anticipated. Private and secure parking for residences within the Mixed -Use Corridors will be fully enclosed in private facilities where feasible. D. II. c. Architectural Guidelines: Mixed -Use Corridors Building Character and Expression: Mixed -Use Corridors Buildings in the Mixed -Use Corridors will play a major role in defining the overall character of the district. The proposed mix of uses for this signature destination suggests the potential for a variety of building types, demanding creativity and innovation to highlight unique architecture, while knitting the entire district together as a coherent whole. Overall building design is an important consideration, but emphasis on first floor fagade treatments is essential to encourage street -level activity and enhance the pedestrian experience. Architecture is to be January 4, 2006 Page 23 of 30 Downtown Centerville Master Plan & Development Guidelines A Quality Streetscape Enhances Downtown Business • Select materials that relate to the building use, not artificially contrived or themed; Include small scale elements, variety of materials and careful detailing to support street level activities and enhance the pedestrian experience. The use of wrought iron is highly encouraged to reflect historical elements downtown. Streetscape: Mixed -Use Corridors • Provide gracious sidewalk width to invite pedestrian traffic; • Install street trees to frame the street and provide scale and shade; • Provide street lighting that meets all safety standards and design criteria, while creating a unique character for this district; • Explore street light spacing, height and a variety of fixture type that would support proposed mix of uses and activities (note, however, that too much light is as bad as too little); • Explore a range of options for streetscape improvements including special pavements, interesting concrete tinting or scoring patterns, additional plantings, ornamental fencing and other features (note, however, that simpler is better and too much clutter is a negative). C. III. Standards for Private Development; Downtown Neighborhood D. III. a. Overview: Downtown Neighborhood The Downtown Neighborhood will be dominated by high -density and medium density residential developments in low-rise buildings of one, two and three stories. Buildings fronting on corners may contain service and restaurant related retail spaces on the ground floor corners only. Housing density will range from 20 to 45 units per acre. Characteristics: Downtown Neighborhood All resident parking shall be enclosed in underground or tuck under garages where feasible. Guest parking should be on -street or located in small lots of no more than 20 cars each accessed from side streets only. Parking for retail uses should be in small lots of no more than 20 cars each, must not front on CSAH 14 or 21 and should be accessed from side streets only; January 4, 2006 Page 26 of 30 Centerville 2040 Comprehensive Plan The Metropolitan Council requires a calculation of the net density of areas of planned residential development for areas identified for development or redevelopment. They require a minimum density of three units per net developable acre for communities with the "Emerging Suburban Edge" community designation. Table 19 shows net density in these areas and Map 3-3 identifies those areas. Wetlands, floodplain and right of way were all subtracted from each of the areas to arrive at a net acreage. Using the preferred land use guiding and density midpoints, the number of potential new units for the change areas was calculated. It is estimated that at a minimum of an additional 355 new units could be added to Centerville upon full build out of these areas based on the allowed density ranges. Table • Net Density for•. • .Planned Residential Development Future Land Use Net ensity Range Yield % Units Min Mid Max Minimum Midpoint Designation Acres Low Density 24.50 2 3 4 100% 49 74 Residential Medium Density 66.89 3 5.5 8 100% 201 368 Residential High Density 8.06 8 16.5 25 100% 64 133 Residential Central Business 13.75 12 21 30 25% 41 72 District (CBD) / (3.44 Mixed Use res) Total 102.89 355 647 100% Net Density 3.45 6.29 Page 37 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, August 08, 2023, at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:30p.m. 1. Roll Call Present: Vice -Chair Commissioner Jon Krueger Commissioner Darrell (DJ) Olson, Jr. Commissioner Bruce Thompson Commissioner Linda Broussard -Vickers Absent: Chair Les Kuiper Commissioner Richard Nelson Vacancy: One Not Approved Staff. Administrator Mark Statz, Assistant City Administrator, Athanasia Lewis Council Council Member Russ Koski II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Administrator Statz added a presentation from the new owner of the company who owns the property at 7353 20th Ave. Motion by Commissioner Olson, seconded by Commissioner Thompson to Approve the Revised Agenda. All in favor. Motion carried. IV. PUBLIC HEARING (6:30 PM or shortly thereafter) 1. None V. AWARDS, PRESENTATIONS, APPEARANES 1. Bill Bergeson, the new owner of the company who owns 7353 20' Avenue, addressed the Commission, noting that he would like to keep the property as a long-term rental. He plans to make vast improvements to the rental, and they would like to create a duplex out of the existing structures on the site. Currently there is a primary residence and a garage. To allow a duplex on this site, the property would need to be rezoned from R2 to R2A. Administrator Statz advised that the applicant prepare a concept plan along with a narrative to bring back to the Commisssion for consideration. Page 1 of 3 City of Centerville Planning and Zoning Commission August 08, 2023 VI. OLD BUSINESS 1. Medical Facilities Administrator Statz introduced this item, referencing Attorney Glasser's memo, which is included in the packet. The memo outlines potential problems and regulation of substance abuse clinics. Discussion ensued about placement of these facilities (industrial or commercial business district), requiring a certain number of licensed staff, i.e., registered nurses, physicians' assistants or physicians on site, and the number of patients treated in a day. Ordinance revisions will be revived by the Planning and Zoning Commission, and a public schedule public hearing will be scheduled on October 3ra Motion by Commissioner Broussard -Vickers, seconded by Commissioner Thompson to request that staff schedule a public hearing regarding an ordinance revision on medical facilities at the next available Planning and Zoning Commission meeting. All in favor. Motion carried. VII. NEW BUSINESS 1. Native Landscapes Assistant Administrator Lewis introduced this item as presented in the packet, noting that Attorney Glasser provided a sample ordinance from the city of Lexington for the Commission's review. Discussion ensued about reason(s) for new law requiring native landscapes, height requirements, raised garden beds, noxious weeds, and vegetation. Ordinance revisions will be revived by the Planning and Zoning Commission, and a public hearing will be scheduled on October 3ra Motion by Commissioner Olson, seconded by Commissioner Broussard -Vickers to request that staff schedule a public hearing regarding an ordinance revision on m native landscapes at the next available Planning and Zoning Commission meeting. All in favor. Motion carried. 2. Ordinance Review a. Accessory Structures i. Play Structure Exception ii. Placement on Vacant Lots Administrator Statz introduced this item, noting that resident Ben Fehrenbacher approached the city regarding accessory structures and would like to provide some suggestions to the existing ordinance. Mr. Fehrenbacher, who lives in Peltier Circle, bought the lot adjacent to him several years ago, placing a play structure on that lot. The play structure is no longer there and now the lot is vacant. The current code prohibits development of an accessory structure on a lot that does not have a primary structure (like a home or business). Mr. Fehrenbacher pointed out that this can be problematic for property owners who have purchased an adjacent lot to their homestead, by preventing reasonable development that would otherwise be allowed it the lots were combined. Mr. Fehrenbacher provided the following suggestions: • The vacant lot must be adjacent to a residential homestead lot with an existing primary structure on it and owned by the same family/person. Page 2 of 3 City of Centerville Planning and Zoning Commission August 08, 2023 • Only one accessory structure is allowed, and it cannot exceed 200 sf. • The use of this structure must be similar in style and color as the primary structure on the adjacent lot. • The use of this structure can only be residential in nature (i.e., a playhouse, shed, etc.), and cannot be used for commercial or industrial purposes. • An existing primary structure cannot be demolished or removed to make way for this accessory structure (impose a potential time limit). • In the event of a sale of the vacant lot to a property that is not adjacent, the accessory structure must be removed or demolished unless a new primary structure is built within 1 year on a vacant lot. Motion by Commissioner Broussard -Vickers, seconded by Commissioner Olson to request that staff schedule a public hearing on accessory structures on vacant lots at the next available Planning and Zoning Commission meeting. All in favor. Motion carried. VIII. APPROVAL OF MIN UTES 1. July 10, 2023, Planning & Zoning Commission Meeting Minutes There was one revision to the minutes, which is that Commissioner Broussard -Vickers abstained on the minutes from June, not the variance requested. Staff noted the change. Motion by Commissioner Thompson, seconded by Commissioner Broussard -Vickers to approve the July 10, 2023, Planning and Zoning Commission minutes with the noted revision. All in favor. Motion carried. IX. Announcements and Updates 1. Council Member Liaison Council member Koski reported that both Council and the Fire Steering Committee are having budget discussions. Council member Koski also thanked everyone for their participation in Fete des Lacs. 2. Administrator's Report Administrator Statz reviewed the report as presented in the packet. X. ADJOURNMENT Motion by Commissioner Broussard -Vickers seconded by Commissioner Thompson to adiourn the meeting at 8:00 p.m. All in favor. Motion carried. Page 3 of 3 CterviCCe Estabfished1857 Administrator's Report August 23, 2023 VOLUNTEER OPPORTUNITIES Open Board Positions Please call city hall at 651-429-3232 with any questions you may have regarding the following openings. If you are interested in applying, scan the QR Code to the right or visit the City's website for an application. • Parks & Recreation Committee — 1 Open Seat o I st Wednesday of the month at 6:30 p.m. • Planning & Zoning Commission — 2 Open Seats o 1st Tuesday of the month at 6:30 p.m. ADMINISTRATION Meeting and City Hall Schedule • September 5, 2023, 6:30 p.m. — Planning & Zoning Commission • September 6, 2023, 6:30 p.m. — Parks & Recreation Committee • September 13, 2023, 6:30 p.m. — City Council • September 20, 2023,6:30 p.m. — Economic Development Authority PARKS & RECREATION Main Street Market This years' Main Street Market has been completed, the Committee will be debriefing shortly to determine what worked well and areas of improvement for the 2024 Main Street Market. Slight discussion have been had regarding the commencement of the Market with a possible week delay or start being the Fete des Lacs week which would allow vendors who participate in Market Fest to participate in our Market for a two week period. Music in the Park The Music in the Park series have been complete for 2023. Again, the performers and participation has been high. A special thanks goes to Committee Member Brian Peterson for his planning and arranging of the series, volunteer Committee Members and volunteer Mr. Kevin Amundsen as sound coordinator in the absence of Mr. Peterson. All new audio equipment (mixer and speakers have arrived). Again, another special thank you to Mr. Peterson and his son Luke Peterson for testing and learning the new equipment. Annual Movie in the Park Committee Member Peterson is also heading this event up with the collaboration of the Committee. The movie to be presented will be DC League of Superpets, Warner Animation Group, on Saturday, September 16, 2023, commencing at 7:30 p.m. or dusk. Popcorn and lemonade will be served by the Committee. Rain night is scheduled for Saturday, September 23, 2023. The movie is taking place at Laurie LaMotte Memorial Park. Bring your lawnchairs, blankets, family and friends. ;Ejtab(uhe,d1857 terviCCe PARKS & RECREATION 2°d Annual Trunk or Treat, Touch -a -Truck Event/Centennial Community Ed. Halloween Hustle 5K The Committee is again planning this event, in collaboration with the Centennial Community Education Department/Centennial Alumni Assoc. The event will take place on Saturday, October 28, 2023, from 9:30 a.m. — 11:30 a.m. Public Safety (PD/FD), a City Snowplow and M-Health Fairview Ambulance will be participating in the Touch -a -Truck event. Facepainting by Linda will also be onsite and is Free. Letters will be forwarded to local businesses asking for their participation, along with the Centerville Lions. There were more than 200 participants last year. To register for the 5K, click here. Check -in is @ 8:45 a.m., run @ 9:00 a.m. To register for a booth at the Trunk or Treat event, click here, Park Monument Signage Renovation/Volunteer Opportunities The Centerville Lions recently renovated the signage for Tracie Joy McBride Memorial Park and they deserve a huge Thank You for doing such great work. With this renovated sign, it was recommended by staff to relocate the monument allowing for ease ofMEMORIAL visibility of the sign, location near the parking area, etc. Public Works Maintenance Tech./Code Enforcement/Building Inspector, Mr. Dan Schmitz, who has chosen many of the plantings and completed the work. He has revamped the plantings in the Laurie LaMotte Memorial Park monument, along with its general upkeep, and now this monument. There are plans for renovating the Veteran's Memorial plantings within the Cornerstone Park in the near future. The Parks & Recreation Committee seeks volunteers to care for these markers throughout the growing season. If you are interested in volunteering, please contact: 651-792- 7933. Currently, we have Acorn Creek Park being maintained by Mrs. Lori Dorn, Royal Meadows Park by Mrs. Dawna Bernhagen, Eagle Park by Ms. Heidi Errickson-Grahek and her mother and Mrs. Susan Love and Mayor Love maintaining the City sign and flagpole garden at City Hall. Thank you to these volunteers as our parks and community have a colorful, well -kept look about it. THANK YOU TO TEMPORARY/SEASONAL PUBLIC WORKS STAFF The city would like to thank our Temporary/Seasonal Public Works Staff for their dedication to keeping the city up and running and completing special projects during the summer months. We wish them good luck with their studies during the upcoming school year. Thank you: Misters Hayden Weiner, John Devries, Easton Ilvonen and Jackson Okan. CENTERVILLE CARES International Overdose Awareness Day August 31 is recognized as International Overdose Awareness Day, and there g`entervijel are several things we can do to raise awareness and remember those we've lost C60as a result of an overdose. What can you do? 1. Wear purple on August 31 2. Support local charities — consider donating to Project Opioid here 3. Create or share a social media post on Thursday, August 31. Ensure your tag post with the hashtags: • #IOAD2023 • #EndOverdose • #OverdoseAware 4. Schedule an Overdose Awareness Training — Project Opioid can complete this training in 1 hour. Send an inquiry here 5. Share Resources — that promote intervention, recovery, and addiction. A simple email could help save the life of someone you love. ECONOMIC DEVELOPMENT :4 % '(r'cY Quad Area Chamber Calendar ➢ September 20, 2023 — Lunch & Learn — Network in Action — ■ g: �■ • + � 11:3OAM-1:OOPM — Pederson Pavilion Lions Volunteer Park ' a , ➢ October 12, 2023 — Monthly Board Meeting — 12:OOPM-1:OOPM r, l"`Rsa -- Online Upcoming Ribbon Cuttings ➢ August 31, 2023 — Connor James Salon — 7087 Centerville Road — 4:15PM & Open House from 4:15PM-8:15PM CENTENNIAL LAKES POLICE DEPARTMENT Annual Report Chief Mork was on hand at the August 9 City Council meeting to present the report and answer questions CITATIONS ISSUED VERBAL AND WRITTEN WARNINGS ISSUED 4,490 i 2022 2021 Agency Centerville Circle Out of Total CePines Lexington Area 758 166 172 331 89 1,305 275 323 6 A 201 1,575 Agency Total Centervi 2022 3,184 1,059 2021 4,490 1,575 1,602 1,1520 ' ' 163 Circle Out of Lexington Pines Area 772 1,210 143 1,152 1,602 161 on the state of the department. Among the statistics shared was the rate of warnings vs. citations issued. The department prides itself on educating the public whenever possible rather than punishing them. As you can see, officers give out warnings almost 4 times more often than tickets. Click here to read the full report. Police Governing Board The Centennial Lakes Police Governing Board met on August 14 and conducted the swearing -in of 3 new officers, the promotion of Officer Schroeder to the rank of Corporal and the witnessed the presentation of the American Legion's Officer of the Year award to Corporal John Krueger. After all the pomp and circumstance, the board considered and ultimately approved the 2024 budget for the department. The budget includes the addition of one new officer, with the potential to add a second new officer if a federal COPS grant is received. The meeting also included a thorough discussion of the tri-city funding formula. Various proposals for adjusting the formula were brought forward. The board tabled the item for further research and discussion. The next regularly schedule meeting of the Police Governing Board is November 13, 2023 CENTENNIAL FIRE DISTRICT it =, l WELCOME TO THE 4� CENTENNIAL FIRE DISTRICT PRIDE - HONOR - INTEGRITY- PROFESSIONALISM Serving the cities of Lent—ilre and dirde Pines si ce 1985 We're Hiring We're hiring! Click here for more info, or to apply: https://www.ccntcnnialfire.org/services-2. 2023 Routine Day 5:40 3:00 II 6:58 5:11 2022 Day 6:14 4:14 Flight 6:27 5:34 2021 Day 5:29 5:18 .M 7:15 6:34 Response Times A recent update from our partners at SBM Fire showed the average response times for Centennial Fire District (Centerville and Circle Pines) getting better and better each year. Not only are these numbers improving, but they were also low to begin with. In the words of SBM Chief Dan Retka, "These numbers are incredible. Our crew is doing a fantastic job and is well ahead of industry standard." In the chart at the left, you can see our average response times for both routine and emergency (lights and sirens) events. Station 3 Remodel Station 3 (that's Centerville's Fire Station) is undergoing a bit of a remodel to better facilitate training. Sessions that used to be held out in the equipment bay will now be accommodated in a new training room. The space remains flexible and can be used as a meeting space and lunch room. COMMUNITY DEVELOPMENT Block 7 Property (Downtown) Kennedy Property Development At the July 26 city council meeting, council discussed development on Block 7. Council talked about their preferences for apartments or townhomes on this site. Based on feedback from council, staff met with Kennedy Property Development (KPD) to discuss the possibility of a townhome proposal. KPD will consider this option, and we may see something from them in the near future. 7087 Centerville Road — Connor James Salon (Block 8) The City Council approved an Interim Use Permit for the commercial building at 7087 Centerville Road to operate a salon. As part of the requirements for the building the parking lot behind the building was to be paved. This work is done, with a few details left to go like fencing and minor landscaping. Additional work inside the building has already begun and will finish within a few months. The business is scheduled to open on July 25, with a grand opening set for August 31 at 4:00 PM 1737 Main Street (Block 3) Both the geotechnical and environmental studies are now complete and have been delivered to the developer for their review. At their last meeting, the City Council extended the due diligence period for the developer since things are taking a little longer than originally anticipated. With the recently completed reports, the design of the site should be able to continue and a revised plan presented in short order. (,/W"SALON GRAND OPENING AUGUST 31ST 4-8PM Sips & Snacks Raffle Prizes (Giftcards & Product) 20%off all Retail wan... Free Skin Consultations LJ i5r��� Free Chair Massages — Sign up to be a Spa Room FEAR Member and receive 3 free NUIRW N upgrades Connor James Tea Botex$lolunit & More! Samples Lip Flips $75 1687 Westview Street (LaLonde Property) This 3-acre site is generating a lot of interest and two developers have met with the property owners to discuss potential projects. Staff has also met with the property owners and both developers to answer questions and discuss the city's Downtown Redevelopment Masterplan and Guidelines. Staff anticipates that a proposal will be brought forward in the coming weeks. Both developers have informally asked the city to consider using economic development tools such as Tax Increment Financing or Tax Abatement. The city council has engaged in work session discussion on these items, but no formal commitments have been made. Staff has engaged with our TIF consultant to look at the preliminary feasibility of using TIF on this proposed project and to get an idea of how much increment could be provided, if necessary. Old Mill Estates 11t and 2nd Additions Staff met with the Wetland Conservation Act Technical Evaluation Panel (WCA TEP) on -site, on Thursday, 8/17 to look at two potential wetland fill violations. Both situations have been addressed and we anticipate resolution on those items soon. With the results of the on -site meeting, the paving of the trail between Old Mill Court and Laramee Lane can begin. The contractor anticipates being on site sometime next week. The developer has also made strides towards close-out of the watershed permit. Securities are being held until this permit is released. Centerville Storage The facility is now open for business. The developer has completed drainage corrections along the north side of the facility and will continue to work on watershed permit close-out. Bay View Villas (Waterworks Site) The developer's landscaping crew has begun work near the dock access area. Watershed permit closure is also required, prior to release of the development securities. Rehbein Commercial Developer securities have been reduced to 35% of the initial project costs and will be held through the 2- year warranty period, which will end in 2024. Kwik Trip Work is complete. We are working with the developer to close out the project. Rehbein Industrial Developer securities have been reduced to 35% of the initial project costs and will be held through the 2- year warranty period, which will end in 2024. Max Storage (Fairview Street) Grading has been completed. Sewer and water to Building #1 have been completed. Foundations have been poured. The footings are being completed and the walls are being built. Amazon Fulfillment Center Amazon staff have been in contact with city staff regarding the possibility of a "Grand Opening" in the near future. Stay tuned for details. Amazon staff has also reached out to collaborate with the city and area organizations on service projects. One initial idea being explored is an adoption of County Road 54 (20m Ave) and a portion of Main Street between 20th Avenue and the 35E Bridge. A response to the initial floodway modeling submittal has now been received from FEMA. The consultant is working through a resubmittal. Development Inquiries • HVAC company looking for small site to build a new building. 2011 Avenue (CSAH 54) Corridor Study The first of several community engagement meetings has been scheduled with the business owners surrounding 20th Avenue and Main Street. These property owners will be asked to give input on various options. From there, the design team will refine and narrow -down the potential geometric alignments and intersection treatments with the goal of presenting information to the broader public at open houses, this fall. City Hall Parking Lot Lighting Staff met with the contractor, engineer and public works director to go over installation details and scheduling. Materials are now being ordered and could take up to 6 weeks for delivery. In the meantime, the contractor will be on site to install the concrete bases, conduits and other preliminary items. City Hall Security Cameras Contractors and our Metro-Inet representatives were on site this week to install and configure our new security cameras. These were part of the initial city hall renovation project but were pushed off to apply for a grant, which was, ultimately, unsuccessful. Staff now has access to live video of the vestibule, front pathway and parking lots. We are also able to pull recordings of the video if there was an incident. COMMUNITY ENGAGEMENT (July 2023) Web Site (2,200 Unique Visitors, 3,000 Total Visits) • Fete des Lacs • City Hall Closed for 4th of July • Anoka Co. Government Officials Meeting • Volunteer Opportunities • Main Street Market — Kids Night • Fire District Hiring Promo Reader Board (11,000+ cars/day) 0 Committee/Commission Vacancy Announcement Meeting Schedules Main Street Market Cancellation Social Media (535 Twitter; 745 FB Followers) (XX/XX Impressions) • City Accounts (545 Twitter; 720 FB Followers) 0 7/26 Humble Roots Grand Opening Video (XXX/291) 0 7/26 Humble Roots Grand Opening Video (XXX/494) 0 7/26 Humble Roots Grand Opening Pic (XXX/NA) 0 7/24 Severe Thunderstorm Warning (NA/316) 0 7/13 Public Safety Night (173/XXX) 0 7/13 Mayor's Minutes (206/291) 0 7/12 Fete des Lacs Micro -Medallion (147/1278) 0 7/6 Main Street Market Promo (XXX/NA) • Music in the Park (910 FB Followers) • Main Street Market and Waterski Show (822 FB Followers) • Centerville Fete des Lacs (1,5XX FB Followers) Community Email List (247 email addresses) • 7/12 & 7/26 Upcoming CC Agenda, Admin Report & Newsletter Business Email List (60 email addresses) • 6/8 Swag Bags • 6/27 Promotional items NMTV Centerville Streaming Page (5 meetings) • 57 Live Stream views of our City Meetings • 45 Video On -Demand views of our City Meetings