HomeMy WebLinkAbout2006-12-05 P & ZCITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
December 5, 2006
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on December 5, 2006, at 6:30 p.m.
PRESENT:
Chairperson Brian Hanson
Commissioner Jennefer Klennert Hunt (arrived at 6:40 p.m.)
Commissioner Bob Wright
Commissioner Mark Pangell
Commissioner D. Love
ABSENT:
Commissioner Tom Wood
COUNCIL:
Mayor Mary Capra
STAFF:
Dallas Larson
I. CALL TO ORDER
1.Roll Call
The meeting was called to order at 6:30 p.m.
II. APPEARANCES
1. Ms. Norma Essex – 7333 Old Mill Road (Fence Ordinance)
Ms. Essex stated that she would like the fencing ordinance to be reviewed, not only for
her benefit but for the benefit of others. She stated that the current fence ordinance states
that fencing needs to have a two-foot setback, which means you, would lose two feet of
your yard. She stated that, in her case, this would mean her underground sprinkler
system would be on the opposite side of the fence. She stated that she would like to
install a split rail fence directly on the property line, without permission from the
neighbor due to re-occurring difficulties with that same neighbor. Ms. Essex stated that
she does not understand the need for the two foot setback because there is no ordinance
for setback distances on trees or brush plants. She stated that if she cannot install a fence
on her property line, she would like to put in a hedge.
Chair Hanson stated that the reason for the two foot setback is to allow for maintenance
on both sides of the fence and still remain on your own property. He stated that there are
allowable reasons for a zero lot line in some cases; however, a property survey will need
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to be completed and the neighbor will need to approve the location of the fence so the
other side can be maintained.
Ms. Essex stated that she does not feel her neighbor would cooperate and asked about the
location of a hedge.
City Administrator Larson stated that the hedge cannot be put on the boulevard and
adequate sight lines will need to be maintained at the end of her driveway.
Commissioner Klennert-Hunt arrived at 6:40 p.m.
Mayor Capra asked Mr. Larson to provide Ms. Essex with information on mediation
services available through the County.
III. PUBLIC HEARING(S)
1. Sedona Homes – Preliminary Site Plan & Conditional Use Permit Request
Chair Hanson opened the public hearing at 6:41 p.m.
City Administrator Larson stated that this public hearing needs to be repeated because
proper notices about the hearing were not published last month. He stated that the City
Attorney had submitted a memo to the Commission regarding items that he would like
Sedona Homes to address.
Mr. Paul Keleher, Chief Manager for the project, explained the plans for the site. Mr.
Keleher stated that they plan for a 30,000 sq. ft. office building for a single tenant,
located near the Public Works building. He presented a landscape plan that will screen
the properties on the west with 6 to 7 foot spruce trees in a staggered row. He stated that
at the south end, the property will be screened also with 6 to 7 foot spruce trees in a triple
staggered row. He stated that the project meets all C-1 codes, but they are asking for a
variance to the building height. He introduced Architect Mr. Mike Thomas and Civil
Engineer Mr. Brian Bourassa.
Chair Hanson reviewed items from the City Attorney’s letter that he felt needed to be
addressed:
A. Issue regarding blending of styles of buildings, and use of buildings as a buffer
Mr. Thomas stated that to keep the roof height down, they have planned a flat roof line
and due to the size of the building, they could not use a wood structure and plan to use
precast concrete. He stated that they have tried to tie the buildings together with colors,
using earth tones and also using cultured stone on the front of the new building, similar to
the existing townhome buildings. He stated that the canopy and columns on the new
building will be white to match the existing canopies.
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Commissioner Pangell asked if the windows would be similar between the buildings.
Mr. Thomas stated that the townhome buildings have a vinyl, residential-type window
that cannot be utilized on Commercial buildings per the building code. He stated that
they are planning to use aluminum windows.
Commissioner Klennert Hunt asked if the landscaping plans would be for the entire
property.
Mr. Keleher, Project Manager, stated that they will be using the same installer for the
new building and also using the same planters, for instance, to tie the buildings together.
He stated that they are planning on a uniform landscaping look for the entire property.
Mr. Thomas suggested, since they were unable to bring accurate samples of the building
materials, that the Commission approve the plans contingent upon approval of the
building color and materials to be used.
Commissioner Wright asked if some of the existing townhome buildings are vacant.
Mr. Keleher stated that some are vacant. He stated that their offices are located in the
first building, the second building does not yet have a finished interior, and the third
building has one side occupied.
Commissioner Wright expressed concern that the new building may intimidate potential
tenants.
Mr. Keleher stated that he feels it will not be intimidating to incoming tenants, but a draw
because of the influx of people that may use their services. He stated that he felt the
building will have 65 to 70 people who will utilize other retail services within the
community. He stated that he feels this building will be a focal point for other businesses
and good for the industrial park across the street.
Mr. Thomas stated that at the previous meeting there was concern expressed regarding
the mechanical equipment and whether screening would be necessary. He presented a
study completed regarding sight-lines for both the trash enclosure and the mechanical
equipment. He stated that the enclosure for trash receptacles would be constructed out of
material that exactly matches the building. He reviewed the sight-lines for the
mechanical equipment and stated that they do not feel screening will be needed.
Mr. Keleher stated that they also received information from the manufacturer regarding
the sound levels of the equipment. He stated that the equipment is at 70 decibels near the
unit and drops down to 55 decibels at the property line, which is well within the accepted
range.
Mr. Larson asked for a review of the lighting plans.
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Mr. Keleher stated that they are proposing a shoe-box style light that is 20-25 feet tall.
He stated that the lighting will be directed downward and remain on site.
Commissioner Love asked if the lighting throughout the entire development would be the
same.
Mr. Keleher stated that the existing buildings do not have lighting in the parking areas,
just on the buildings.
Chair Hanson asked about the buffer between the surrounding properties.
Mr. Keleher reviewed the landscaping plans and noted that he feels the office park will
blend in with the surrounding areas.
Commissioner Pangell stated that he was not on the Planning Commission when the
original proposal was submitted but it has been made clear that this proposal is
completely different than the original.
Mr. Keleher stated that a market study was completed before they began the first phase of
the project. He stated that they were then chosen over two other sites by Eagle Brook
Church for their office building. He reiterated that he feels the addition of this building
will be good for both the community and the office park.
Ms. Linda Broussard, 6756 Centerville Road, asked what the developer would call the
architectural style of the townhomes.
Mr. Thomas stated that he does not feel they really have a style but, if pressed, would say
it has a two-story, ranch feel.
Ms. Broussard asked if there was a way to create a three-story ranch feel out of the
existing building. She stated that although the new building is beautiful as designed, she
does not feel the look fits in with the current buildings. She would like the new building
to look more like what is there.
Mr. Thomas stated that he has struggled with this issue from the beginning, but noted that
there are building code issues, budget issues, and also a client asking for a certain type of
building that hinders this process. He stated that because he cannot make the buildings
look exactly alike, he has tried to tie them together with the use of colors, the cultured
stone and the canopy area.
Ms. Broussard suggested wrapping the canopy around the corner of the building to make
it look more “porch like”.
Commissioner Love asked what the distance is between the current buildings and the new
buildings.
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Chair Hanson stated that at the last meeting it was said to be 65 feet.
Mr. Thomas stated that the building was moved so that the parking stalls wrapped around
the building and did not present a “Wal-Mart” type feel with a “sea of parking stalls” as
you enter the development. He stated that he tried to make it appear more pedestrian.
Chair Hanson asked if the new tenant would be renting or owning and if they were
renting, whether designing the building specifically for this tenant made sense for
possible leasing later.
Mr. Keleher stated that they are still negotiating this, but feels the structure would be an
attractive office space. He stated that the interior is office like and has a very functional
design. He stated that he is confident that the future road improvements in the area will
make this space very attractive.
Mayor Capra stated that she feels this building would be great in the new downtown
redevelopment area or on Eagle Brook’s own 92-acre campus to the north, but struggles
with how we can meld this with the existing townhomes. She stated that she is
disappointed that the developer did not have material and color samples and that the
drawings do not include the newly added white canopies and columns. She stated that
she wants to see all this information before a decision is made.
Mr. Thomas passed around pictures that included the white canopies and columns.
B. Issue regarding City concessions and Code deficiencies of initial development.
1. Reducing the required number of parking spaces per office unit from 22 to
14.
Mr. Keleher stated that he asked for the reduction to 14 because he felt that is adequate
for each building, based on studies of other office townhome complexes. He stated that
the new structure will comply with the City code for the number of parking stalls.
2. Delaying construction of a trail and dedication of easements.
Mr. Keleher stated that he does not remember how the trail easement issue was originally
discussed. He stated that the dedication of easements has been recorded with the plat.
Mr. Keleher indicated that they did talk about a trail along the road but decided not to do
it because it would only be torn up when the road is improved.
Mayor Capra stated that the City needs to make sure it has a dedicated trail easement
along the front of this project because this did not end up on the plat. She noted that they
want this in addition to the easement given to the County.
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3. Waiving or reducing park dedication fees.
Mr. Keleher again stated that he was unsure what this means because he thought there
was a plan to pay as they went. He stated that he is willing to sit down and figure out
what their fair share of dedication fees will be.
4. Waiving requirements related to screening and drainage.
Mr. Keleher stated that he would research what was originally agreed upon for screening
and drainage.
Mayor Capra stated that she thinks the drainage was corrected near the Public Works site
and noted that perhaps some of these issues are contractual issues for the Council to take
a closer look at.
Chair Hanson agreed that most of the items in the memo from the City Attorney were
issues that the Council needed to consider.
C. Issue regarding Development Contract, Jackson Commercial LLC – Centerville
Town Office Park, Phase I (Lots 1-10)
Mr. Keleher stated that once again, he was unsure what this issue was about.
Commissioner Klennert Hunt suggested that Mr. Keleher discuss these issues with the
City Attorney prior to the Council meeting so he can be prepared with the correct
information to answer their questions.
Motion by Commissioner Klennert Hunt, seconded by Commissioner Love, to close
the public hearing on Sedona Homes – Preliminary Site Plan and Conditional Use
Permit at 7:36 p.m. All present in favor, motion carried unanimously.
Commissioner Klennert Hunt stated that she is concerned about some of the issues with
the previous development agreement and feels that the Commission may be “beating up”
Mr. Keleher for mistakes that may have been made by the City. She stated that the City
just wants to make sure it is done right this time. She stated that she feels most issues
raised at the last meeting have been addressed, with the exception of the building colors,
which is a subjective issue. She asked if the City Engineer has reviewed the plans.
Mr. Larson stated that comments have been given to Mr. Keleher by the City Engineer.
Commissioner Wright stated that at the last meeting, this project had conditional approval
from the Rice Creek Watershed District and asked if they had received final approval.
Mr. Keleher stated that they are still working through a few minor issues, but are very
close to approval.
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Chair Hanson questioned whether the Fire Department had reviewed the plans.
Mr. Larson stated that they have seen the site plan and are reasonably comfortable with it.
Mr. Thomas stated that he met with the Building Official and noted that this will be a
fully sprinklered building, so there are usually no issues.
Commissioner Klennert Hunt suggested adding item K. to the CUP including the platting
of the trail easement.
Commissioner Love asked whether something should be included regarding the
engineering information given on the sight lines for the mechanical equipment.
Mayor Capra suggested that the City Engineer review the developer’s study of the sight
lines.
Commissioner Pangell stated that he is not personally bothered by the style of this
building.
Commissioner Klennert Hunt stated that she is not sure if it is the Commission’s place to
decide on colors because they meet all codes and rules. She stated that color choice is
always subjective anyway, and she feels this is more of a Council decision.
Commissioner Love stated that his biggest concern is that this building does not look
low-cost because it will be the focal point and start development in this area.
Motion by Commissioner Klennert Hunt, seconded by Commissioner Pangell, to
recommend approval for the Sedona Homes Preliminary Plat. All present in favor,
motion carried unanimously.
Motion by Commissioner Klennert Hunt, seconded by Love, to recommend
approval for the Sedona Homes Conditional Use Permit, subject to City Engineer
reviewing the site line study to determine if additional screening is necessary for the
rooftop equipment (item G) and add item K: that the Developer will plat the trail
easement for the property. All present in favor, motion carried unanimously.
Chair Hanson stated that this topic will be on the December 13, 2006 City Council
agenda.
V. NEW BUSINESS
1. Proposed Hanzal Addition – 7381 Old Mill Road – Rezone, Comprehensive Plan
Amendment, Variance Request, and Preliminary Plat
Mr. Jeff Hanzal appeared before the Commission and stated that he would like to
subdivide the entire parcel and create four lots on the north side of the present house and
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one lot to the south. He stated that a portion of this land is zoned P-1 and a small corner
is zoned R-5. He stated that he would like the entire property to be zoned R-2 which
would require updating in the Comprehensive Plan. He stated that the variance he is
asking for is due to the proximity of the creek, which requires a 100-foot setback. He
stated that he would like to be able to move the house a little closer to the road.
Commissioner Klennert Hunt asked why the City had a front setback requirement. Mr.
Larson stated that the front yard setback is to provide uniformity among houses, so
someone is not standing on their front porch looking at the back of another resident’s
home.
Mr. Hanzal stated that he feels this situation is unusual and the location of the home, as
proposed, will not impede the line of sight in the area.
Ms. Broussard stated that she remembers the City allowing a variance in this area
because of the creek setback issues and this situation appears to be similar.
Mayor Capra asked what setback he was asking for. Mr. Hanzal stated that he would like
a 20-foot setback rather than the 35 feet currently required by City Code.
Mr. Larson asked if there would be a retaining wall in the rear of the house and if so, how
high it would be. Mr. Hanzal stated that he is planning a 10-foot high retaining wall to
separate the yard from the wetland area.
Chair Hanson asked if this area is DNR wetland. Mr. Hanzal stated that it is under the
jurisdiction of the Rice Creek Watershed District and some mitigation is planned.
Commissioner Klennert Hunt confirmed that the existing house will remain.
Mr. Larson noted that all the proposed lots meet the 100-foot width guidelines.
Mr. Hanzal stated that the existing driveway will be moved and one of the sheds on the
property has already been removed. He stated that there is a second shed in the wetland
area and he is unsure whether it will need to be removed. He stated that he would like to
have water and sewer connections to the lots
Chair Hanson asked if this should be a PUD rather than an R-2 rezoning. Mr. Larson
stated that it would be possible for it to be a PUD.
Mr. Hanzal stated that there is currently a storm water drain that dumps directly into the
creek. He stated that he is willing to move this pipe and redirect the water into a catch
basin between Lots 1 and 2, which will drain to the ponding area at the back of Lot 1. He
stated that he feels this is a positive change for the environment.
Commissioner Klennert Hunt stated that she thought City sewer and water hookups were
required in R-2 zoning.
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Mr. Larson confirmed that City sewer and water hook ups are required in R2 zoning and
approval of this plat is predicated on having sewer and water available. He stated that the
Parks and Recreation Commission are looking to gain park access to the lake and that
perhaps there would be a trail connection to Old Mill Road. He suggested that this is
something that the Commission should think about for the long term and try to figure out
where it could go on the plat now. He stated that if the Commission is comfortable with
this proposal, the public hearing could be scheduled.
Motion by Chair Hanson, seconded by Commissioner Wright, that a public hearing
be scheduled regarding the Proposed Hanzal Addition – 7381 Old Mill Road –
Rezone, Comprehensive Plan Amendment, Variance Request and Preliminary Plat.
All present in favor, motion carried unanimously.
IV. OLD BUSINESS
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2. Six Month Review – Special Use Permit (Launderville’s Auto Repair, 7139 - 20
Avenue)
Mr. Larson noted that there have not been any calls to the City regarding this business.
He stated that the Commission could just leave it alone or opt to review this again in a
year and judge whether further review is necessary.
Motion by Commissioner Klennert Hunt, seconded by Commissioner Pangell, to
recommend extending approval of the Special Use Permit for Launderville’s Auto
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Repair, 7139 - 20 Avenue with a review in one year. All present in favor, motion
carried unanimously.
VI. DISCUSSION ITEMS
Mr. Larson stated that the Council has scheduled interviews with the three candidates who
applied for the vacant Planning Commissioner position.
Commissioner Pangell asked how appointment of the candidate made it onto the agenda at the
last Planning and Zoning meeting.
Mayor Capra stated that past practice has been to send applicants to the various commissions for
their review and recommendation to the Council. She stated that this time, Council Member
Lakso did not agree with the Planning Commission recommendation. She stated that this
prompted her to have Mr. Larson review the ordinance requirements for filling these positions
and found that the City is not following its ordinance. She stated that she also wanted to
apologize to Commissioner Love and any others she may have offended with a comment she
made at the last Council meeting. She stated that she values the Planning Commissioners very
much and did not mean to devalue their contributions.
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Commissioner Pangell stated that in the past, appointment has been done many different ways
and he agreed it made sense to develop a process and adhere to it.
Mayor Capra stated that she hopes the new commissioner will be in place by the January
meeting. She stated she learned that the City of Lino Lakes sends their Planning Commissioners
to the League of Minnesota Cities Newly Elected Officials training session and suggested that
Centerville consider the same.
Commissioner Klennert Hunt stated that she attended this session and found it helpful to have
the legal responsibilities of being a Planning Commissioner explained.
Mayor Capra stated that she is hoping to have an all Commission/Committee meeting scheduled
by February, 2007. She stated that the City Attorney will give a presentation about the open
meeting law and e-mail correspondence.
IV. OLD BUSINESS – continued….
1. Comprehensive Plan Review
The Commission discussed possible language changes in the Comprehensive Plan. Mr.
Larson suggested that the Planning Commission continue reviewing the Comprehensive
Plan through page 48 for the January meeting.
VII. CONSIDERATION OF MINUTES
1. November 14, 2006 Planning and Zoning Meeting Minutes
Commissioner Klennert Hunt noted that on page 6, the word “compliment” should be
changed to “complement.”
Motion by Commissioner Pangell, seconded by Commissioner Klennert Hunt to
approve the Minutes of November 14, 2006, with the change on page 6, as indicated
above. All present in favor. Motion carried unanimously.
VI. DISCUSSION ITEMS – continued…
Mr. Larson distributed Conflict of Interest statements and Code of Ethics policies and
asked Commissioners to sign and return them to him within the month.
Mr. Larson asked that the Commission state whether they intend to continue serving on
the Planning and Zoning Commission.
The following Commissioners expressed their desire to continue serving on the
Commission: Commissioner Love, Chair Hanson, Commissioner Klennert Hunt,
Commissioner Wright, and Commissioner Pangell.
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VIII. ADJOURNMENT
Motion by Commissioner Klennert Hunt, seconded by Commissioner Pangell to
adjourn the December 5, 2006 Planning Commission meeting at 9:44 p.m. All
present in favor. Motion carried unanimously.
Transcribed by:
Kayla Atkins Rokosz, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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