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Home My WebLink About2004-04-06 P & Z Packet ervi{{e 'Estafj[isfzet{ 1$57 PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, APRIL 6, 2004 6:30 p.m. I. CALL TO ORDER 1. Roll Call ll. PUBLIC BEARING (S) 1. Lot Combination Request Submitted by Mr. & Mrs. Douglas Chesnut (Lots 4 and 5, Block 1 - The Shores Subdivision) 2. Street Vacation/Easement Submitted by Mr. Clay Alcock (Mill Road Extension/8th Street) 3. Rezone/Comprehensive Plan Amendment Request Submitted by Mr. Dennis Shudy (Cedar Street Park) 4. Lot SplitsILot Combination Requests Submitted by KCR Investments & Mr. & Mrs. Keith Kruger (Hunters Crossing 2nd Addition, Phase 2 & 6719 Centerville Road) Ill. APPEARANCES IV. OLD BUSINESS v. NEW BUSINESS 1. Lot Split Requests Submitted by Mr. Richard Davidson (1337 Mound Trail)- Public Hearings Will Be Held at Council Level Due to Late Submission and Staff Training 2. Proposed Amendments to Ordinance #52 - Site Maintenance Fees VI. DISCUSSION ITEMS 1. Ordinance #4 - New Format Letter submitted by Mr. Todd Steffen - Locations of Drainage Easements! Accessory Buildings vn. CONSIDERATION OF MINUTES 1. February 17, 2004 Planning and Zoning Meeting Minutes vm. ADJOURNMENT tervi[[e 'Lsta6{ishea 1851 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING LOT COMBINATION REQUEST Wll.L BE HELD BEFORE Born mE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the lot combination application submitted by Mr. & Mrs. Douglas Chesnut. Mr. & Mrs. Chesnut desire for Council to combine Lots 4 and 5, Block 1 of The Shores Sub-division to allow them ample room to construct a home on the two (2) lots/combined one (l) lot. The meetings are scheduled for Tuesday, April 6, 2004 and Wednesday, April 14, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the vacation. Both meetings will be held in Council Chambers located 1880 Main Street, Centerville, Minnesota 55038. PIN #RI5-31-22-43-0009, Lot 4, Block 1 The Shores (7263 Mound Court) PIN #RI5-31-22-43-0010, Lot 5, Block 1 The Shores (7265 Mound Court) The City Hall is located at 1880 Main Street, Centerville, MN and is ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m. April 2, 2004. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. March 14, 2004 Teresa Bender, City Clerk Published in the Quad Community Press on March 23, 30 and April 6, 2004 Mound Trail 'Y r;;~ ,J' , 1/tf)rA ~ (dt ~ NAME HOUSE STREET CITY STAT ZIP LETENDRE, GERALD 1397 MOUND TRAIL CENTERVILLE MN 55038/ CORR, GARY 1405 MOUND TRAIL CENTERVILLE MN 55038 / REHBEIN, DIANA-BART 1421 MOUND TRAIL CENTERVILLE MN 55038/ 1\ REHBEIN, GLENN 1475 ~ MOUND TRAIL CENTERVILLE MN 55038 T.!. MAGNUSON 7265 MOUND TRAIL CENTERVILLE MN 55038./ T.!. MAGNUSON 15211 113TH ST. N. STILLWATER MN 55082 CURRENT OWNER 1431 MOUND TRAIL CENTERVILLE MN 55038/ CURRENT OWNER 7269 MOUND COURT CENTERVILLE MN 55038/ CURRENT OWNER 7267 MOUND COURT CENTERVlLLE MN 55038J CURRENT OWNER 7263 MOUND COURT CENTERVILLE MN 55038~ CURRENT OWNER 7264 MOUND COURT CENTERVILLE MN 55038/ CURRENT OWNER 7266 MOUND COURT CENTERVILLE MN 55038/ CURRENT OWNER 7268 MOUND COURT CENTERVILLE MN 55038./ CURRENT OWNER 7297 MAIN STREET CENTERVILLE MN 55038 V ~,"~,~ I S#~~ ~n-J Xl# d2i7/~ ~ tervi[[e 1880 ']vfain Street . Centervi[[e; 'Jvf'J{ 55038 (651) 429-3232 . ~arc (651) 429-8629 TstaG{ished 1857 CITY OF CENTERVILLE APPLICA TION FOR LOT SPLIT/LOT COMBJNA TION/REZONJNG f\..)()~ ~~\~ -e-- Any additional costs incurred for FEE: + engin~g, legal fees, publication or other reqUIrements / LOT SPLIT/LOT COMBINATION: REZONING: DATE PAID: STREET LOCATION OF PROPERTY: mOUND ~U't<.\ LEGAL DESCRIPTION OF PROPERTY e.J ~- :3 / '" 2,2-.... t.f i) - bOO '1 Lor t 6Lk. 1 ~ ~~ ~t-jQc.~ CO. VV\N. . La l _ ~ [ -r~ Sl-l ANO\<..A ce. 1f\I\":>. 'C.-15 ~ E /- LZ ... L} 3 - tt;) D I I I I SIZEOFPARCEL(S): Lo-r 4; lID x..\/.t;o APfJtD'L. LL'T ~ 100 )(\qo f\f~. I::oJ~LAS A,. ~1" PROPERTY OWNER ~~'a. ..J. ~N\l'1' PHONE #: ~'S1-4U, ~ 444S FEEOWNERl:X\1G,tA5 ~ ~ G~~~ .1. C~SN\lT ADDRESS: t MRt:N6't? LA~ ~ (~ w.t--J. S'S.IIO I APPLICANT'S INTEREST IN PROPERTY ~ FEE OWNER LEASE HOLDER CONTRACT PURCHASER OPTION to PURCHASE DESCRIPTION OF REQUEST: CCM-6I~ lcrr<; 4 ~ S I~TO ~NE- La! REASON FOR REQUEST: \AJE ~ WI1"H CUR-. (.;,\t')J>.e- plAtJ W~ WlU & --re:c c.l n~ "T"'t') fYUfefl.L:J LINP; A A~C€N\ ~~ \F ~ ~\-rccYL ~~ ~ ~"Z) ~ .aT) \'(" w\'A~ .-' i't\\C~ N \ CJe.i\- LA, nV\ By paying the above stated fee, I understand that no refunds will be issued in full or in part, at any time, cvenrrtheOlltco isdcni ~ . Q dlJ} Signatur~roPerty Owner .-.---- \ t~N~ "{CJ\.J \ r.J A.. OV~N ~ ervi{{e STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING REQUEST FOR STREETIEASEMENT VACATING THAT SECTION OF MILL ROADIEIGHTH STREET (mE PORTION LAYING EASTERLY OF LOT 1, BWCK 2, WESTERLY OF LOT 13, BWCK 1 PETERSON'S ADDmON TO CENTERVILLE AND LOCATED SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF HUGO ROAD TO THE SOUTHERLY BOUNDARY LINE OF THE PLAT OF PETERSON'S ADDITION TO CENTERVILLE - 150' X 66') LOCATED IN THE CITY OF CENTERVILLE, ANOKACOUNTY, MINNESOTA. THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City ofCenterville will consider the street/easement vacation request :from submitted by Mr. Peter (Clay) Alcock, 1806 Main Street. Mr. Alcock has requested that the City consider vacating this street easement due to the fact that the street has never been constructed and is not anticipated to be constructed in the near future. The meeting is scheduled for Tuesday, April 6, 2004 and Wednesday, April 14, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request, the possibility of granting the vacation and the adoption of the resolution below. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #04 - 017 A RESOLUTION VACATING THAT SECTION OF MILL ROADIEIGHTB STREET (THE PORTION LAYING EASTERLY OF LOT 1, BLOCK 2, WESTERLY OF LOT 13, BWCK 1 PETERSON'S ADDmON TO CENTERVILLE AND LOCATED SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF HUGO ROAD TO THE SOUTHERLY BOUNDARY LINE OF THE PLAT OF PETERSON'S ADDITION TO CENTERVILLE - 150' X 66') LOCATED IN THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA WHEREAS, upon the request of both owners (1798 & 1806 Main Street) at different times and the consideration of the Planning and Zoning Commission and City Council; and WHEREAS, Minnesota Statute Section 412.851, entitled "Vacation of Streets," authorizes the City Council of a statutory city by resolution to vacate any street on its own motion; and WHEREAS, the City of Centerville is a duly incorporated Statutory City; and WHEREAS, a public hearing was held on April 6 and April 14, 2004, which was preceded by two weeks' published and posted notice, to consider of the vacation of the section of located in the City ofCenterville, Anoka County, Minnesota; and WHEREAS, written notice of said public hearing was mailed to each property owner affected by the proposed vacation at least ten days prior to the hearing (See Attached); and WHEREAS, the City Council of the City of Centerville declares that it has been determined after due consideration that is in the public interest to vacate that section of Mill RoadlEighth Street (the portion laying easterly of Lot 1, Block 2, westerly of Lot 13, Block 1 Peterson's Addition to Centerville and located south of the southerly right of way line of Hugo Road to the southerly boundary line of the plat of Peterson's Addition to Centerville - 150' X 66') located in the City ofCenterville, Anoka County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of CenterviIle hereby vacates that section of .Mill Road/Eighth Street (the portion laying easterly of Lot 1, Block 2, westerly of Lot 13, Block 1 Peterson's Addition to Centerville and located south of the southerly right of way line of Hugo Road to the southerly boundary line of the plat of Peterson's Addition to Centerville - 150' X 66') located in the City of Centerville, Anoka County, Minnesota. ADOPTED BY THE CITY COUNClL OF THE CITY OF CENTERVILLE THIS DAY OF ,2004 APPROVED: Terry Sweeney Mayor, City of Centerville Teresa Bender Clerk, City ofCenterville The City Hall is ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m. April 2, 2004. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. March 8, 2004 Teresa Bender, City Clerk Published in the Quad Community Press on March 23 & 30 and April 6, 2004 ill 7 '" 1!! ,~ 'U J ~ I !~IHfJH iIi:E Clay P. Alcock 1806 Main Street Centervillt; MN 55038 March 15,2004 City of Centerville 1880 Main Street Centerville, MN 55038 RE: Request for Vacation of Mill Road I Eighth Street Dear Sir or Madam: l'he Purpose ofthisletteris!o re~llest .t~~! t~e~it)'~fCe.nt~lV'illeYll<;atetlJ#t~att(if:~i!t6~V ~lgbth.~tieetlocate~~~~!li~t~.~~JQgK~~~Jf,9i1~jJll.():pg.~. pf~et~r~q*,~...~~~ti9~;t,6 '. CenterVille"and locatedS6UlliO~th~~SOUiliet'l""'ri~~t'tlfwa"'j;lihtrofHu"oRoaa tofhe:sOOffi~fl ....'. .... ...... .... ......... '.' ." ." ,..,.: ""'>"""':;"":'" ';""'''''''i:''''''''o:''Y',> f~':"':";>""'Y"'::"""" ,."..' .,8 ..... '.,' ". ......:..,'...,;."",.. ..Y 1JQlIndaryl~eofth~p!~tpf~~~p:!i!\,~~il\qit~RP~ijt~n~, as depicted on the sketch attached hereto as Exhibit A. Once such a vacation by the City has been approved by the City Council, I will exchange Quit Claim Deeds with the owner of Lot 1, Block 2, Peterson's Addition to CenterviIIe for the vacated portion of the road. My attorney has advised me, based on the legal research attached hereto as Exhibit B, that the owners of Lot 13, Block 1 and Lot 1, Block 2 are each entitled to that portion of the vacated road extending from the boundary of each's property to the center line of the road. Please review the enclosed materials and contact me or my attorney at your earliest convenience regarding the decision of the City to the above request. Thank you for your time and consideration. Sincerely, Clay P. Alcock 225356_1 M~jJ Mill Road Vac. ? t;;' t 315/01 vr/I;P} V};Jy ~f~j ty1 t~ THOMAS DUPRE 1781 MAIN STREET CENTERVILLE MN 55038 -/ TOM THUMB 1801 MAIN STREET CENTERVILLE MN 55038 v' CURRENT OWNER 1825 MAIN STREET CENTERVILLE MN 55038 I LAWRENCE PERRON 1798 MAIN STREET CENTERVILLE MN 55038 J CLAY ALLOCK 1806 MAIN STREET CENTERVILLE MN 55038 ./ CARL BUECHLER 1812 MAIN STREET CENTERVILLE MN 55038~ GLADIS JOHNSON 1814 MAIN STREET CENTERVILLE MN 55038 .J DAVID WEST 1824 MAIN STREET CENTERVILLE MN 55038"/ RICHARD ROBISCHON 1832 MAIN STREET CENTERVILLE MN 55038 y' CURTIS & KELLlE NYMAN 7092 DUPRE RD CENTERVILLE MN 55038v' STEVE KEENAN LISA PRIEST 7088 DUPRE RD CENTERVILLE MN 55038/ WILLIAM PRATO 7084 DUPRE RD CENTERVILLE MN 55038/ PATRICK DUPRE 7080 DUPRE RD CENTERVILLE MN 55038.j MICHAEL & VIRGINIA CARNEY 7064 DUPRE RD CENTERVILLE MN 55038 vi CURT & KRIS STIEBLER 7076 EAGLE TRA!L CENTERVILLE MN 55038/' GEORGE & BARB GIBSON 7074 EAGLE TRAIL CENTERVILLE MN 55038 V JOHN & KAY OLSON 7070 EAGLE TRAIL CENTERVILLE MN 55038 j ROBERT & PAULA ROSLANSKY 7068 EAGLE TRAIL CENTERVILLE MN 55038/ ROBERT & REBECCA DEWIDT 7062 EAGLE TRAIL CENTERVILLE MN 55038/ NATHAN & NIKKI NEWMAN 7060 EAGLE TRAIL CENTERVILLE MN 55038'/ DOUG & MARY FREDRICKSON 7055 EAGLE TRAIL CENTERVILLE MN 55038 / STEVE HARDING 7058 EAGLE TRAIL CENTERVILLE MN 55038 ~ KRISTEN TAYLOR 7054 EAGLE TRAIL CENTERVILLE MN 55038 vi BILL & DOREEN REINHARDT 7052 EAGLE TRAIL CENTERVILLE MN 55038) - - - - --. - - - .- ___ 0___0... . _ ....... Mill Road Vac. THOMAS KEN & CINDY VALOIS HAWKINS ST. GENEVIEVE'S CEMETEF CENTERVILLE MN 1824 HOULE CIRCLE CENTERVILLE MN 1828 HOULE CIRCLE CENTERVILLE MN 55038 V 55038 J 55038 t/ 1880 Main street Centerville, Minnesota 55038 (651) 429-3232 RECEIVED OF AMOUNT Clav (Pete) Alcock .- $500.00 1806 Main street Centerville, MN 55038 FOR:. ~ . . ~ -- street Vacation Escrow CHECK # Cash ( ~...1.~" RJA./ SURCHARGE IUl ..J. , )- f.. ...JlJ " BY TerestlBender March 9. 2004 Receipt # 9286 , I I I- I I f .tervi{{e 'EstaEiished 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING REQUEST FOR REZONE FROM PI - PUBLIC-SEMI PRIVATE TO 11 - INDUSTRIAL AND A COMPREHENSIVE PLAN AMENDMENT TO MODIFY THE ZONING FROM CITY PARKS TO INDUSTRIAL. THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCn. NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of CenterviIle will consider the rezone and corresponding Comprehensive Plan Amendment as requested by Mr. Dennis Shudy. Mr. Shudy currently is the contract purchaser of said property. The meetings are scheduled for Tuesday, April 6, 2004 and Wednesday, April 14, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the requested rezone and corresponding Comprehensive Plan Amendment. Both meetings will take place in Council Chambers located at 1880 Main Street CenterviIIe, Minnesota 55038. PIN #R24-31-22-33-0002 The City HaIl is ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m. April 2, 2004. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centerviIIemn.com. March 12, 2004 Teresa Bender, City Clerk Published in the Quad Community Press on March 23, 30 and April 6, 2004 rj,.::,:;,,,-:,..__-L ~ SmEJ -'---'~<~ I ~ ~-c-::!~~.;,' )w....... CA1r:&"\.ii~ P1 -II6IM'i!---1I'! ... ~ !J! ~ ~ II IU;WR -...m Existing Land Use Figure 3 ~ , I I I I I I I~ ~ I \ \'--. o 025 Miles ._... .h~__~n.n...~... i?s-~c'.~:' 0-.--.<'~' - - v' ~~~W ,~;t;/,.;~\<. ",".-< ,;,',;..///" ';-~~~----- ./ / I Residential ;(I',"'';' . k:.1J CommcrC::lal City Parks II Regional Park Reserve :;~ Floodplain _Wetlands .u.u. MUS!\. . "",""n o STR.o"n;cn:s CO'itPOlt.'T\O~ ~' ~lr:~tttervi[[e ~- '--'" 'LJariihJIS!7 . Industrial III Public/Semi-Public D VacanJI Agricultural . Scnool . Cily Hall e Fire Department . Church ~// '" 14 (tervi{{e 1880 Main Street . Centervi{{eJ '.M'J{ 55038 tJ:.sta6(isliecf 1857 CITY OF CENTERVllLE (651) 429-3232 . '.fat( (651) 429r629 APPLICA nON FOR LOT SPLITILOT COMBINATIONIREZONING e-~ dl'XJ'.' 'k ~q?-6 Any additional costs incurred for FEE/.J0 00 + engine~, legal fees, publication or other reqwrements v// DATE PAID: LOT SPLIT/LOT COMBINATION: REZONING: STREET LOCATION OF PROPERTY: L-e j ~ >' T- LEGAL DESCRIPTION OF PROPERTY: ~/ IY ~"e Zy' -3/- LZ' -S _/2""r12 SIZEOFPARCEL(S): ~4 fie ......-<-~ f-r~~/<c '{;'..--e /} ,/' ( /' / /' ......] Cl'-' rJ PROPERTY OWNER Vj..,L-t.{ Vir)"' '7lt.. t/. if<-/ PHONE #: () S~f-(C 5 . -t" ;r T U I FEE OWNER0tt u,.:r ~l (i ? . ADDRESS: 07 ~ S- ?-/Jrc, /+t,,< > ^iPOC1 ( /l4 "'-^ ~'rd.! r:c-' APPLICANT'S INTEREST IN PROPERTY: U"'" CONTRACT PURCHASER OPTION TO PURCHASE FEE OWNER LEASE HOLDER DESCRIPTION OF REQUEST: ;( -e 2-d "t-~ r/t0<v- ,P ( rof I REASON FOR REQUEST: C jJ.....f 1:. fh.~/u II'f'rr;pA/'';V '0 /rr~a7<: ;,f-N,. 1{ ~ . . '/. , , f "-( ;I.(/VI'~C;: e Iff//"-< ~ ~ By paying the above stated fee, I understand that no refunds will be issued in full or in part, at any time, ev' outcome is denial. .7 -if --tJ Y Date . 1880 Main Street CenteiVille, Minnesota 55038 (651) 429-3232 RECEIVED OF AMOUNT Mr. Dennis Shudv $273.00 FOR: . Rezone Reauest from P1-11 CHECK # 3287 Cedar Street Park SURCHARGE BY Teresa Bender March 11, 2004 Receipt # 9293 Cedar Street Park 3/25/2004 I Field1 I Field2 T Field3 I Field41 FieldS 1 iCurrent Owner t 2044!Gateway Circle iCenterville !MN ===--=-=~-- 2,Muell~r Pipelin i _ 6812:- 20th Ayenue icenteiViiie--iMt-J~_~==== 3 Mr. Dennis Shut 6795,- 20th Avenue [Hugo IMN -------- 4'Rehbine Prope [ 6805,- 20th Avenue---!Hugo----=--[MN-==== ______ 5,Royal Oaks Re L_____ 1000'County Road E iShoreview_IMN_________ 6'City of Centerv; 1880,Main Street iCenterville !MN 10 cp1~ ;:;; Pv -r: ;a , ;JbP . ~afl tY'< t1 pi -t.--tr; Page 1 tervi[[e 'Estafj{isliet{ 1857 STATE OF MINNESOTA COUNTY OF ANOKA CTIY OF CENTERVILLE NOTICE OF PUBLIC HEARING LOT SPLITILOT COMBINATION REQUESTS FROM KCR INVESTMENTS, LLC & MR. & MRS. KEITH KRUGER (SPLIT 6719 CENTERVILLE ROAD- 480' X 219' FROM THE REAR OF THE PARCEL - PIN #R26-32-22-22-0009 AND ADD TO HUNTERS CROSSING 2ND ADDmON, PHASE 2 - PIN #R26-31-22-22- 0011) & (SPLIT 35.0' x 260.0' FROM HUNTERS CROSSING 2ND ADDmON, PHASE 2 - PIN #R26-31-22-22-0011 (SOUTHEAST CORNER OF PARCEL) AND ADD SAME TO 6719 CENTERVILLE ROAD - PIN #R26-32-22-22-0009 TO CORRECT AN ENCROACHMENT ISSUE). THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the lot split/lot combinations requested from KCR Investments & Mr. & Mrs. Keith Kruger to split 6719 Centerville Road - 480' x 219' from the rear of the parcel - PIN# R26-32-22-22-0009 and add same to Hunters Crossing 2nd Addition, Phase 2 - PIN #R26-31-22-22-0011) & split 35.0' x 260.0' from Hunters Crossing 2nd Addition, Phase 2 - PIN #R26-31-22-22-0011 (southeast comer of parcel) and add same to 6719 Centerville Road - PIN #26-32-22-22-0009 to correct an encroachment issue). The meetings are scheduled for Tuesday, April 6, 2004 and Wednesday, April 14, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the lot splits and combinations. Both public hearings will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m. April 2, 2004. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. March 12, 2004 Teresa Bender, City Clerk Published in the Quad Community Press on March 23, 30 and April 6, 2004 >- I- ui I wrnrr II u ! 1 I I 1I:11 .. f:'r} mJ. 'rn3 Tho: ~ flXlAD IIJIUT ~ 'r , I I , , ~ ,I' iii':< 7/9 I I ~ ! ; - to 1880 :Main Street . Centervi[[eJ:M'l{ 55038 'Esta6fisfiet{ 1&57 ~ O~TERVILLE (651) 429-3232 . J',,^- (651) 429-8629 APPLICATION F LOT SPLIT . T COMBINATIONIREZONING LOT SPLITILOT COMBINATION: X Any additional costs incurred for FEE: ) i5: ~ + engineering, legal fees, publication or other requirements REZONING: YES DATE PAID: 1/26/2004 STREET LOCATION OF PROPERTY: 6719 CENTERVILLE ROAD LEGAL DESCRIPTION OF PROPERTY: PARCEL D - SEE ATTACHED DESCRIPTION SIZEOFPARCEL(S): APPROXIMATELY 219 X 480' OFFICE: 651-653-9938 PROPERTYOWNER: MR. & MRS. KEITH PHONE#: 651-429-8803 KRUGER FEE OWNER: MR. & MRS. KEITH KRUGER ADDRESS: 6719 CENTERVILLE ROAD APPLICANT'S INTEREST IN PROPERTY: x FEE OWNER LEASE HOLDER CONTRACT PURCHASER OPTION TO PURCHASE DESCRIPTION OF REQUEST: 1: HAVE AGREED TO TRADE MY PROPERTY (PARCEL D) for (PARCEL C) AND ADDITIONAL CASH TO CORRECT THE ENCROACHMENT ON MR. CARLSON'S PROPERTY. REASON FOR REQUEST: By paying the above stated fee, I understand that no refunds will be issued in full or in part, at any time, ev~tcomeffid~ ~ / ~~~ "~ S[gnature of Appli Signature of Property WIler MR. KEITH KRUGER MR. KEITH KRUGER I-Z~"O,! Date (/gadufJ ~~ MR . KEITH KRU ER t5 ac.lLJ ~/, MRS. KEITH KRUGE 1-2~-01 Date . 1880 %ain Street . Centervi[[e; %'1{ 55038 'EstaG[isliea 1857 ~~NTERVILLE (651) 429-3232 . :Tal( (651) 429-8629 APPLICATION FO~OT COMBINATION/REZONING LOT SPLITILOT COMBINATION: X Any additional costs incurred for FEE' i ().r ()O + engineering, legal fees, publication or . ~ other requirements REZONING: DATE PAID: 1/26/2004 STREET LOCATION OF PROPERTY: 6719 CENTERVILLE ROAD LEGAL DESCRIPTION OF PROPERTY: PARCEL C - SEE ATTACHED DESCRIPTION SIZE OFPARCEL(S): APPROXIMATELY 35 X 260 ' PROPERTY OWNER: KCR INVESTMENTS,LLC PHONE#: 763-786-1218 FEE OWNER: KCR INVESTMENTS, LLC ADDRESS: 7671 CENTRAL AVE. NE, FRIDLEY, MN 55432 APPLICANT'S INTEREST IN PROPERTY: v -^ FEE OWNER LEASE HOLDER CONTRACT PURCHASER OPTION TO PURCHASE DESCRIPTION OF REQUEST: TO CORRECT MR. KRUGER I S ENCROACHMENT I HAVE AGREED TO TRADE PARCEL C (ATTACHED LEGAL) FOR PARCEL D AND INCLUDE PARCEL D (ATTACHED LEGAL) IN THE LAST PHASE OF HUNTERS CROSSING FOR ADDITIONAL DEVELOPMENT. REASON FOR REQUEST: , I understand that no r Signature of Property Owner RICHARD S. CARLSON KV?l:E7~\ Signature of Applicant ~~. S. CARLSON Date! 9 Co /~~"- oW .11'" I: b ~ 005 -:15 9lJ I: ~b~. bO:I+.1I5 ... 02 00.11 ~::J-~\J;:.-1-Q\ HO:! (!) I\) I\) C1I -n r 0> "11 6 ~l co g. ":J. 0 IT ~ <0 ::9 ;0 0 2 '" 0 :;- m -< - co ~ <: ::> ~ <D !!l. m ~ 3 C co m ::> 0 ;0 -,it ."c 0 r '" r c. 0 ~ 0 I ;0 m 0 0 ~ ^ 'It '" ;0 0 Ul G) ~ -< m ir ~ l:l ~ '" 0 ~ .... '" :t> s: ~ 0 00 C '" Z b -I a I o co ::> <D o;s.Q; 01=(0 _JD 0 ~:s::s: ~ 5" B!. <0::>::> ~mQ2 wstal "''''co 01- 01 o to> 00 :;0 CD o CD ~ =It t;l~ fl~ ~"'j t;;- ~ ~ ~. ~~ "'I~ KRC j J/w'es!m-€1115, LLL name BOYLE SHONAGH KEITH KRUGER 'Jt;1/ t/Jct d;;tuJ A(i I F;,J/1, )J:l4/ ~-:sf3~ house street city state 6907 CENTERVILLE RD CENTERVILLE MN 6719 CENTERVILLE RD CENTERVILLE MN l~t . ) t~ \ -1'1~) () )04 ~J /~l pU /j /'- zip 55038 55038 ...1 ) . AI ;Jltyk tf;.;J r" tervi{{e 'E.sta6[isfzerf 1851 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING LOT SPLIT AND SITE PLAN REVIEW REQUEST FROM MR. RICHARD DAVIDSON, OPTION TO PURCHASE, 1337 MOUND TRAIL (pIN #RI5-31-22- 34-0017) FROM ONE (1) PARCEL INTO THREE (3) PARCELS PER ORDINANCE 4 REQUIREMENTS. BOTH THE PUBLIC HEARINGS WILL BE HELD BEFORE Born THE CITY COUNCIL; HOWEVER, THE PLANNING AND ZONING COMMISSION WILL CONSIDER THIS ITEM AT THEIR APRIL 6, 2004 REGULARLY SCHEDULED MEETING NOT IN A PUBLIC HEARING FORUM DUE TO PUBLISHING REQUIREMENTS AND THE SUBMISSION OF THE APPLICATION NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of CenterviIIe will consider the lot split and site plan review request from Mr. Richard Davidson, Option to Purchase, 1337 Mound Trail. Mr. Davidson is requesting that the Planning and Zoning Commission and Council consider splitting the existing approximate 2.17 acres into three (3) parcels. One (1) parcel 28,200', one (1) parcel 29,200' and one (1) parcel 23,700'. A twenty (20) foot easement would be given from the front lot to the rear lots for access. The meetings are scheduled for Tuesday, April 6, 2004, Wednesday, April 14 (public hearing) and April 28,2004 (public hearing) respectively at 6:30 p.m. or shortly thereafter. Please remember that the April 6, 2004 meeting of the Planning and Zoning Commission is not a public hearing. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the lot splits. The City Hall is ADA accessible and located at 1880 Main Street, CenterviIIe, Minnesota. Requests for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m. April 2, 2004. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. March 24, 2004 Teresa Bender, City Clerk Published in the Quad Community Press on March 30 and April 6 & 13,2004 / ~ M )' o \)01'-'" < \)' C;'i-' ,-"",,, l?~'1: ._ s~' ~I'-\)'i-/ ~ , -t;;;-t~]NG \ HOUSE _---1 \ ------------ ..-------- ______ '--:::::-0 ------------ - ~ ~#-."" ----------- ------------------ ------ LOT 3 h ::7\ \ .:, <J\ A-O:- \ I --- --- ...- ::;. .-'3g7.o-'-'~ \\J'2. '0' v'"' ,",,'co - - / \<o~ll t.~$t.~1 ---- ---- --- ---- ---- ---- ---- ~ ~-- ~ --- :=;-- o-_UN-O---r-R r ~ ./ $L-'Y L-1L-N[ Of \lOUNllIRML- \84 164 2Q " "- '-.. I I I ! ~~ \ Q w=> :r:<[ f- , :r:"'" f--.... 5bO -,2 dL..fl -.JD~- ~~~ <[-'" o..-'W Wl-~ ~tJ~ -':>'" I ( 3 'PAD ,250 sq. ft. PAD 3,250 sq. ft. co If) (\..i LOT 2 -- 23,700 sq. ft. -_\c=:::=-\ o ~\- ~8\ __ ~ -l:_=:::;r- - f.l1.rr- - -" \\J\ 2'3 ,/~- ___ J ---- ---- -----~-- --~-- CO'r\t.R\}\LLt. LP>.$t. t\lO -;Q1l. I\lGl'l ~~'1f~,"~;'o 'oIl\it.R \..(.\10- ""..,. -- -- ---- ~ o ---- - NV CORNE BLOCK R OF ADDlTIOlN LEROUX -"" I ~ VEST Ll BLOCK NE OF ADDITIO~ L-EROUX , , , , " ~ ~\, ~/ ---- ,/ /' /// //;~ ..../ / GEl DE! tervi{{e 1880 ']v[ain Street . Centervi((eJ ']v['J{ 55038 T-staflisfm{ 1857 CITY OF CENTERVILLE (651)429-3232 · :Ta7((651) 429-8629 APPLICA nON FOR LOT SPLIT/LOT COMBINATION/REZONING Q?T SP~OT COMBINATION: REZONING: Any additional costs incurred for FEE: I1JI!!. + engin~, legal fees, publication or other reqwrements DATE PAID: 3- aL/~ CUJDtf STREET LOCATION OF PROPERTY: (337- }vlOUNt:> -reA/I- LEGAL DESCRIPTION OF PROPERTY: 5e,e, A d ere V\, du....m N LLIY\ b.eY .::L .6 -3)- z.z -...i$1-d)/1 SIZE OF PARCEL(S): L<)e:E:: MFR-A ':SVQV~ 'PA:T(;d) ,3- 15 - &oot.f PROPERTY OWNER: ~ S,Gu-A- ~ PHONE#: 6St- 4~q- ~Ob I :r L-~oux. FEE OWNER: K!.I~D DkVIDStJ,J ADDRESS: Po, (0)'- Ie" Jvt()J$l1C~fJ. J..UJ ~503~CJ... I ~ APPLICANT'S INTEREST IN PROPERTY: FEE OWNER LEASE HOLDER CONTRACT PURCHASER v OPTION TO PURCHASE DESCRIPTIONOFREQUEST:rLFt<..Pr 5UlQ..V~ ID 6U801 VIDe=- 'L-D1 (J ~ov I D&o / ~G PL-/TN , REASON FOR REQUEST: l-Cf/ oS U fb Df V-/ 51 oN PEE:R M--F~.4 6 URJ) f3=y DAleD ~ - /6 - -a-oo 1- 5ftnw6 ()Vc::,Q61 ZF:D L-Di --P()R.Q.tt-A6~ (vOUL.D Wl<'~ /D nlJP>OIV'lDt;; pf42 ZONIf\Jb P.€~9ui Qr;; .~T5 , . By paying . above stated fee, I lUlderstand that no refunds will~is in. full or in part, at any time, even if come is denial. . ;~ '- . ~ Signature of Applicant Signature of Property Owner /]. ,..,. J - 0<-11- dOD L{ Date Addendum No.1 to Purchase A2reement Legal Description . THAT PART OF LOT 14, AUDITOR'S SUBDIVISION NO. 46, REVISED, ANOKA COUNTY, MfNNESOT A, DESCRIBED AS BEGINNING AT THE NORTHWEST CORJ.'lliR OF BLOCK 1, LEROUX ADDITION; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY RIGHT OF WAY UNc OF MOUND TRAIL AS SHOWN ON SAID LEROUX ADDITION 184.36 FEET; THENCE SOUTHERLY At"ID PARALLEL WITH THE WEST UNE OF SAID LOT 14 TO THE NORTHERLY LINE OF THE PUBLIC ROAD (NOW VACATED) AS SHOWN ON SAID AUDITOR'S SUBDIVISION NO. 46, REVISED; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE WEST LINE OF BLOCK 1, SAID LEROUX ADDITION; THENCE NORTHERLY ALONG SAID WEST LINE OF BLOCK 1 TO THE POINT OF BEGINNING. TOGETHER WITH PART OF THE ADJACENT V ACA TED ROAD. !Hl!;'~ RICHARD A. DA\i'U)sON 5<10 :,'!~ HOJ'r' ~lAMCUlt ~''',*F3iW WA\':"I"I..., r.1/'.ll,;.:lIii ~?)"t9~-ac~1,1- ,~EPLr~~~,+l-t"~e,.g.t I $ /~4.,..,() . .~YN ~- .1-/'-1.. ~ .i:l. n.~ --4- N,"~ ;l~. ~&4. &..- ",:-{:l:t!tf/PlltJ Q e:~. . .w... ....!.i..~.,..r.a..(l...fl&-. ,~Mir'll\Csoti\."lA .MIlIllllpolb...MN ~~U, ~ t,,:.<.WL//'VJi's <t"".,r. ,_." ," r)I...~ Ww,.."".Ihf.oIIlj\M.~m r; ~ y ~. - --~~ <"'---- .:Ofl_OOOO * qt:a.OOO:l .8703111 OSDqq J ;:r N ~ f .. I ,.. r'J f ,....... ...,.,...., l~ i i ~ . ~i (] ~ ~d m e l ~ ~: l!l ill i a ~!t " J ~ - . ~ 9 .. ... :..... ;7J m :t ~ ~ ~ M . ~ k- .- Jo ;l: "" 0 f :c: z: 8 .... ...-J--. I... '- - ~ J. ~. '-.l f ~ - :g M u. ;,L t,. >;.1 ... ~.... . tf..~..,.~. . \..1.1+' . A f ~~ ~~. -.",-~--_.... ~-,,-,",;,,__,,,,,,,_-_,,,_,"u__ ~ ~ a~- ~~ ~ i" 'For:. ~{~ nJ", i ~ -.. 5099 tj ~ Cl ~~ 1.';J -' ~: ... ~. ~.... i~' -.1 ~ 1 II! "~/"~ t-"_e~tervi[[e . 'Esta6[isfied 1857 1880 :Alain Street . Centervi[[e/ :A1g{ 55038 (651) 429-3232 . Yale (651) 429-8629 AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE State of Minnesota) County of Anoka ) City of Centerville) I, Teresa Bender, being first duly sworn, deposes and says: I am a United States citizen, over twenty-one (21) years of age, and the City Clerk II of the City of Centerville, Minnesota. On April 1, 2004, acting on behalf of the said city, I deposited in the City of Centerville's mail box, copies of the attached notice of Public Hearings for Lot Split and Site Plan Review Request from Mr. Richard Davidson for 1337 Mound Trail, enclosed in envelopes, with postage thereon fully prepaid, addressed to the following persons at the addresses appearing opposite their respective names: NAME ADDRESS See Attached There is delivery service by United States"iiiail- places so addressed. C-'-"--'~-"'.'-""'-", ", -"-Teresa Bender, City Clerk Subscribed and sworn to before me this 1st day of April, 2004. Not~~ ~ ELLEN J. PAUlSETH NOTARY PUSUC. MINNESOTA. My Commission Expires Jan. 31. 2008 Table1 3/31/2004 ID I Field1 I Field2 I Field3 I Field4 I Field5 ___M__^^_^^^_.~~~~~-^-----.--J!\rvids~~----^--iOr Cu~.!'!^2.YI~__----^-----1299 :~ou!l~_:!~~Q____ 2iMr. & Mrs. iThomas 'Weed or Curre . 1305,Mound Trail --.-"--"---3Mr~& MrS~--IR.E. -------.-[Lei-ouxofCU;:r^;----.----- 1337iMourld-TrBi,--- ~~~~===~==--4,Mr-:--8:~~:..___ iAngel~=_=~~~JStella.~r curr~~_~.=_==_ 1321-'Moun~_Iiail=~~ "..__.._______._.~Ms~_____..___ iPea~.________! L~!.C?~x ~~_~urr..L_______._____1337 iMo~"_~_'!!~!!__.__ 6;Mr. & Mrs. (Theodore !Gonsior or Curf . 1343,Mound Trail --------------7!Mr. cf M,:g~--.-IJohn..---.--.---lFitzgerald -or- cr-.-----~- 1355 ;MoundTraW- ---.------- S;Mr:' & Mrs.--iNeil--------iHarvieux.or"Cu-: ---------1369iMound Traif'.- --~-'~'-_.~--------~-------'--.-'--'~._-'--_._._---"'---.-->--------------~_.-._._,.-~-_._,--.--.i~--~--.,.---~--~--.---.--,-..- 9iMr. iJohn !Thill or Current. 1375'Mound Trail Page 1 Effective: 6/12/91 City of Centerville Oed #52 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #52 AN ORDINANCE REGULATING THE SITE MAINTENANCE ON PARCELS OF PROPERTY ON WHICH NEW RESIDENTIAL, COMMERCIAL, OR INDUS1RIAL CONSTRUCTION IS IN PROCESS. The City Council of the City of Centerville does ordain: SECTION 1. CONTAINMENT OF DEBRIS. Subsection 1. On parcels which construction is being taken place, the property owner shall be responsible to contain all rubbish, debris and excess construction material within the construction site SECTION 2. REMOVAL OF DEBRIS. Subsection 1. The property owner is responsIble to remove all rubbish, debris and excess construction material :from the construction site bi-weekly. Subsection 2. In the event the property owner fails to contain or remove rubbish, debris and/or excess construction material, the City shall be authorized to clean the premises and the property owner shall be responsible for the cost thereof. SECTION 3. SITE MAIN1ENANCE FEE. Subsection 1. A~~~~_M~~~~J~.~_~_P~~_~_~_~q:<?~~_<?_~~_~_i~_~~~~_~~_~!-,~..~~~g~~t-~ DeIetrJd: $215 issued The escrow charged shall be established according to the annual Fee Schedule approved by City Council. Subsection 2. Contingent upon no City action being required to monitor and or clean the site, J:!l:~_~~_~~~._ _..'- -{ DeIetrJd: $200 of the Site Maintenance ) amount as established per the annual Fee Schedule shall be refunded to the individnallcompany that originally supplied the escrow fee along with the building permit less an administration fee also established per the annual Fee Schedule as per Section 4. subsection 4 of this Ordinan~~..atl Delmd: Fee will be refunded to the such time that construction on the parcel bas ceased, and the construction site is :free of rubbish, proporty owner debris and excess construction materials. Page lofl Effective: 6/12/91 City of Centerville Ord. #52 SECTION 4. PAYMENT/ASSESSMENT OF COSTS. Subsection 1. The cost for any action taken by the City to monitor or clean the site will be deducted from the Maintenance Fee. Should the costs for City action exceedlh~.~~c~o.~.fe.~.e.~t?~!i?l1~~.~r~~ Fee{ Deleted: $200 Schedule, the property owner will be billed for the excess. Subsection 2. A Certificate of Occupancy will not be issued for newly constructed buildings until such bill is paid in full. Subsection 3. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for monitoring and removal of rubbish, debris and/or excess construction materials against each separate lot or parcel to which they are attributable under this ordinance. The council may then spread the assessment charges against the property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection along with the current taxes the following year. Subsection 4. I A f~.e. e.s~a~!i?l1~~l~y. ~~ .~~ .F:~. ~.<?ll~~p1e. ~~r. ~~. ~~t~ .~.~~C!:i<?l! ySl1@.~. !:e!3:in.~,l?)' .!he... { Deleted: $15.00 City. ......{ Deleted: Clwge SECTION 5. PENALTY. Any person who violates, disobeys, omits, neglects or refuses to comply with the provisions of this ordinance shall be guilty of a petty misdemeanor and upon conviction shall be punished as defined by State Statute. Adopted by the City Council this 1ih day of June, 1991. (Signature on File) George Haberman, Mayor ATTEST: (Signature on File) Tamara M. Mitz-Miller, Clerk/Administrator Published in the Quad Community Press on June 25,1991 Page 2 of 2 Section 405 - DEFINITIONS 405.01 Deftnitions. For the purposes of this Ordinance, words and terms contained herein will have the following meanings. Words and terms not included in this Section shall have the meanings as defined in Minnesota State Statutes. Other words and terms no so defmed shall have the meaning customarily associated with them. Subd.l. Abandonment. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Subd. 2. Abutting. Having a common border with, or being separated from such a common border by a right-of-way, alley or easement. Subd. 3. Accessory Building. A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. Subd.4. Accessory Use. A use incidental to, and on the same lot as, a principal use. Subd. 5. Addition. Part of a building added to increase the useable space of the building. Subd. 6. Adult Uses. Those uses as deftned and outlined in Centerville Ordinance #61. Subd.7. Agriculture. The use of land for agriculture purposes, including farming, dairying, pasturage, agricultural, horticulture, floriculture, viticulture, and animal/poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Subd. 8. Alley. A public or private way permanently reserved as a secondary means of access to abutting property. Subd.9. Alteration. Any change, addition, or modiftcation, in construction or occupancy of an existing structure. Subd. 10. Alteration. Structural. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, the application of any exterior siding 1 to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration. Subd. 11. Antenna. Any system of wires, poles, rods, reflecting discs, satellite dishes, or similar devises used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building. Subd. 12. Apartment. A room or suite of rooms, including bath and kitchen facilities, in a multiple-family building designed for occupancy by a single family. Subd. 13. Apartment, Accessory. An apartment that is secondary and incidental to a principal use or building. Subd. 14. Apartment Building. A multiple dwelling designed to accommodate three or more rental units. - See Dwelling, Multiple, Subd. 56. Subd. 15. Area Identification Sign. A freestanding sign which identifies the name of a residential subdivision, commercial or industrial development. See Subd. 72, Freestanding Sign. . Subd. 16. Auto Repair. Rebuilding, reconditioning, reconstructing, repairing or replacing worn or damaged motor vehicle parts. Subd. 17. Automobile Service Station. See Motor Fuel Station, Subd. 107. Subd. 18. Balcony. A platform proj ecting from a wall of a building, enclosed by a railing, and elevated at least seven (7) feet above ground. Subd. 19. Basement. A portion of a building located partly or completely underground, having more than 50% of its floor-to-ceiling height below the average grade of the adjoining ground. Split level, split entry, and earth sheltered homes shall be construed to satisfy basement requirements. Subd. 20. Block. A tract ofland bounded by streets or a combination of streets, parks, cemeteries, railroad rights-of-way, shorelines, waterways, or corporate boundary lines ofthe City. Subd. 21. Boathouse. A structure designed and used solely for the storage of boats or boating equipment. 2 Subd.22. Boulevard. That part of the public right-of-way located between the curb line and the property line. Subd.23. Buffer. 1)1e use ofland, topography, space, fences or landscaping plantings to screen or partially screen a lot from another lot. Subd. 24. Building. Any structure having a roof which may provide shelter or enclosure of persons, animal or other property. When said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Subd. 25. Buildable Area. The space remaining on a lot after minimum yard and open pace requirements have been met that a building may be constructed. Subd.26. Building Coverage. See Subd. 91 Lot Coverage. Subd.27. Building Height. The vertical distance measured from the elevation of the lot grade at the building setback line, to the top of the cornice of a flat roof, to the top of a mansard roof, to a point on the roof directly about the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the average distance of the highest gable on a pitched or hip roof. Subd. 28. Building Line. The line, parallel to the street line that passes through the point of the principal building nearest the front lot line. Subd.29. Building. Principal. See Subd. 122, Principal Structure. Subd. 30. Building Setback. The distance between a building and a given lot line. Subd. 31. Certificate of Occupancy. A document issued by the Building OfficiallInspector of the City upon satisfactory final inspection of dwelling unites) or commercial building(s). Subd.32. City Councilor Council. The City Council of the City of Centerville. Subd.33. Clear Cutting. The indiscriminate removal of trees, shrubs, or undergrowth with the intention of preparing real property for non- agricultural 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. 3 Subd. 34. Clinic. Any establishment where human patients are examined and treated by doctors, dentists or other health care providers but not hospitalized overnight. Subd.35. Club. Any establishment operated for social, recreational, or educational purposes but open only to members and not the general public. Subd. 36. Cluster Housing. The grouping of single-family dwellings within specified areas while maintaining the same overall allowable density in that same area. Subd.37. Commercial Use. An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee. Subd.38. Commission. The Planning and Zoning Commission ofthe City of Centerville. Subd.39. Commissioner. A member of the Planning and Zoning Commission. Subd. 40. Common Areas. Privately owned land in a residential development which is used for recreational purposes or is of an aesthetic nature, or provides access and is generally intended for the use and/or enjoyment of the residents ofthe development. Subd. 41. Conditional Use. A use which is not classified as a permitted use because of special problems that require reasonable limitations and conditions as imposed by the City Council for the protection of the public welfare and the integrity of the City's Comprehensive Land Use Plan. Subd. 42. Conditional Use Permit. A permit, issued by the City Council, in accordance with procedures specified in this Ordinance as a flexibility device to enable the City Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use permits. Subd.43. Condominium. Property to be owned and conveyed in accordance with the Condominium Act, Minnesota Statutes, Chapter 515. Subd.44. Contractor's Yard. An area where vehicles, equipment and/or construction materials and supplies commonly used by building construction, excavation, roadway construction and similar contractor materials are stored or services. 4 Subd.45. Coverage. That portion of a lot covered by principal and accessory use structures.. Subd.46. Cul de Sac. A local street, one end of which is closed and consists of a circular turn around. Subd.47. Day Care Facilities. A state licensed day care facility, as defined in Minnesota Statutes, Chapter 462. Subd.48. Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. Subd.49. Density. The number of dwelling units permitted per net acre of land. Subd.50. Development. All structures and other modifications of the natural landscape above and below ground or water, on a particular site. Subd. 51. District. See Subd. 162, Zoning District. Subd.52. Drive-In Facility. A facility from which a product or service is dispensed, sold, rendered, or from which business is transacted, between a business establishment and persons in a vehicle. Subd.53. Dwelling. A building or portion thereof, that provides living facilities for one or more families. Subd. 54. Dwelling. Multiple. A detached, residential building containing three (3) or more dwelling units, including what is commonly known as an apartment building, but not including group, row or townhouses. Subd.55. Dwelling. Seasonal. A dwelling not used for permanent residence and not occupied for more than six (6) months in each year. Subd. 56. Dwelling. Single-Family. Attached (Group. Rowand Townhouses). One (1) of two (2) or more residential buildings having a common or a party wall separating dwelling units. Subd.57. Dwelling. Single-Family. Detached. A residential building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lot. 5 Subd. 58. Dwelling, Two-Family. A building used exclusively for occupancy by two (2) families living independently of each other. Subd.59. Dwelling Unit. One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping. Subd. 60. Easement. The right of a person, government, agency, or public utility company to use public or private land owned by another for a specific purpose. Subd. 61. Essential Services. Public and private utilities required by the resident and working population. Subd. 62. Fayade. The exterior wall of a building exposed to a public view or that wall viewed by persons not within the building. Subd.63. Family. An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons not so related, living together as a single housekeeping unit using common cooking and kitchen facilities. Subd. 64. Fence. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land, including a partition, wall or gate erected as a dividing marker, barrier, enclosure, or visual obstruction, but excluding buildings, bushes, hedges, trees and other living landscaping Subd.65. Flag Lot. A parcel ofland shaped like a flag, with a long narrow strip of land providing vehicular and pedestrian access to a street, with the bulk of the property lying to the rear of other adjacent lots. Subd. 66. Flood Plain. Flood plain or flood-prone area means any land area susceptible of being inundated by water from any source. Subd. 67. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 1 OO-year flood without cumulatively increasing the water surface elevation more than one foot at any point. Subd. 68. Floodway Fringe. All that land in a flood plain not lying within a delineated floodway. Land within a floodway fringe is subject to inundation by relatively low velocity flows and shallow water depths. 6 Subd. 69. Floor Area. The sum of the gross horizontal areas of the several floors of a building or dwelling unit, measured from the exterior walls or from the centerline of party walls separating buildings, excluding basements. Subd. 70. Floor Area Ratio. The total floor area on a zoning lot divided by the total site area of the lot or parcel being developed. Subd.71. Freestanding Sign. Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure. See Ordinance #39, SIGNS. Subd. 72. Frontage. The front or frontage is that side of a lot abutting on a street or roadway and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary sideline of a comer lot. Subd.73. Garage. Private. Any accessory building or an accessory portion of a principal building designed or used solely for the storage of motor vehicles, boats, and other personal belongings which are owned or used by the occupants of the building to which it is accessory . Subd.74. Garage Sale. Any display of items for sale in a dwelling, garage or yard on property used primarily as a residence. Subd.75. Glare. A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility. Subd.76. Grade. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the buildillg and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. Subd. 77. Home Occupation. An occupation or professional activity or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Home occupations in the City must meet the following criteria: a.) Home occupationS shallbe conducted solely by person residing in the residence with the exception of no more than one additional non-related employee; and 7 b.) All business activities and storage shall take place within the structure; and c.) There shall be no alteration to the exterior ofthe residential dwelling, accessory building or yard that in any way alters the residential character of the premises; and d.) The occupation shall not be visible or audible from any property line; and e.) The occupation may involve limited retail sales or rental of products on the premises, provided all stock associated with the occupation is completely enclosed in the principal structure. Retail merchandise may not constitute more than fifty percent (50%) of the principal structure square footage; and f.) Unless completely enclosed within an approved structure, no vehicle used in the conduct of the occupation shall be parked, stored or otherwise present at the premises other than such as is customarily used for domestic or household purposes. (See section 130-140 Outside Storage.); and . g.) Only on-site, off-street parking facilities typically associated with a residence shall be used; and h.) The conduct of an occupation or the use of substances which may be hazardous to or in any way jeopardize the health, safety or welfare of neighbors and neighboring property shall not be permitted. i.) See Ordinance #39. Subd.78. Hotel. A commercial building occupied as more of less temporary abiding place of individuals who are lodged with or without meals for compensation and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any individual apartment. Subd. 79. Impervious Surface. Any material that substantially reduces or prevents the infiltration of storm water into previously 8 undeveloped land. Impervious surfaces shall include graveled driveways and parking areas. Subd. 80. Industrial Park. A planned, coordinated development of a tract of land with two (2) or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on- site vehicular circulation, parking, utility needs, building design and orientation, and open space. Subd.8l. Intensive Commercial Agricultural Use. Subd. 82. Junk Yard. Property where waste, discarded and/or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled or handled. Subd. 83. Kennel. Commercial. Any premises which are kept and maintained for the business of selling. boarding, breeding, showing, or treating dogs and any place where five (5) or more dogs over the age of six (6) months of age are habitually kept. Subd. 84. Land Reclamation. Land upon which 25 cubic yards or more of fill material (rock, concrete, bituminous concrete or sand) is deposited. Subd. 85. Land Removal. Land upon which 100 cubic yards or more of soil or subsoil material is removed, not including material excavated for the purpose of constructing basements, footings or foundations. Subd. 86. Landscaping. The aesthetic improvement ofland by the arrangement of plantings and/or decorative features such as fences and walls. Subd. 87. Light Manufacturing. The processing and fabrication of certain materials and products where no process involved will produce . noise, vibrations, air pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties. Subd. 88. Lot. A platted parcel of land intended to be separately owned, developed, and otherwise used as permitted in the Zoning Ordinance. Subd. 89. Lot Area. The area of a lot in a horizontal plane, exclusive of contours, bounded by the vertical planes through front, side and rear lot lines, but excluding any area which constitutes public waters, public streets, or other rights-of-way. 9 Subd. 91. Lot, Comer. A lot situated at the junction of and abutting on two or more intersecting streets. On a comer lot, the street address or narrowest street dimension of the street shall be considered the Front Yard The side yard that abuts the other street will have a thirty (30) foot setback. Subd. 90. Lot Coverage. The area of a lot covered by impervious surface, determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot. Subd. 91. Lot Depth. The average horizontal distance between the front and rear lot lines. Subd. 92. Lot, Interior. Any lot other than a comer lot. Subd.93. Lot Line. A line dividing one lot from another lot or from a street or alley. Subd. 94. Lot Line, Front. On an interior lot, the lot line abutting a street; or, on a corner lot, the lot lines abutting a street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. Subd. 95. Lot Line, Rear. The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front line. A lot bounded by only three (3) lot lines will not have a rear lot line. Subd. 96. Lot Line, Side. Any lot line not a front or rear lot line. Subd. 97. Lot, Minimum Area of. The measurements of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare. Subd.98. Lot of Record. A lot, which is part of a subdivision or plat, an Auditor's Subdivision or a registered Land Surveyor a parcel of land not so platted, which has been approved by the City or meets the following conditions: a. Was a separate Parcel of Record as of April 1, 1945 or the date of 10 Subd. 99. adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of subdivision regulations pursuant to a Home Rule Charter; b. Was the subject of a written agreement to convey entered into prior to such a time; c. Was a separate parcel of not less than two and one half (2 ~) acres in area and one hundred (150) feet in width on January 1, 1966; d. Was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980; e. Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less then three hundred (300) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than five (5) acres in area or three hundred (300) feet in width; f. Is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less then three hundred (300) feet and its conveyance does not result in the division of the parcel into tow or more lots or parcels, any on of which is less than five (5) acres in area or three hundred (300) feet in width; and g. Is a single parcel of residential or agricultural land of not less then twenty (20) acres and having a width of not less that five hundred (500) feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, anyone of which is less than twenty (20) acres in area or five hundred (500) feet in width. Lot. Substandard. A lot or parcel of land that has less than the required minimum area or width, as established by the Zoning District in which it is located and provided that such lot or parcel was recorded as a legally created lot on the effective date of the codification of Ordinance #4 and this title. 11 Subd. 100. Lot, Through. A lot having its front and rear yards each abutting on a street. Subd. 101. Lot, Width. The horizontal average distance between side lots lines, measured at the required front setback line. Subd.l02. Manufactured Housing. Single-family detached housing that is built to the National Manufactured Housing Construction and Safety Standards of Act of 1974, and shall include structures known as manufactured homes or mobile homes. (A manufactured home as dermed in Minnesota Statutes, Section 327.14, Subd. 3.) Subd. 103. Mineral Extraction. The extraction of soil, sand, gravel, rock or other such material from the land. Subd. 104. Mixed Use. A development that combines two (2) or more different land uses on the same lot or contiguous lots in the same zone, such as retail uses and residential uses. Subd. 105. Motor Vehicle. A self-propelled vehicle for personal or business use as defined in Minnesota Statutes 169.01. Subd. 106. Motor Fuel Station. An establishment where gasoline, diesel, kerosene, motor oil and lubricants are sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are performed. Subd. 107. Non-Conforming Structure or Use. A structure or use lawfully in existence and continuing to lawfully exist to the effective date of this ordinance or any amendment but not conforming to the regulations for the district in which it is situated. Non-conformances may be continued subject to the following conditions: a.) The non-conforming use is not expanded or enlarged, except in the Conformity with the provisions of this Ordinance; and b.) If the non-conforming use is discontinued or a non- conforming structure is abandoned for a period of twelve (12) months. Further use of the structure or property must conform to this Ordinance; and c.) If a non-conforming use is replaced by another use, the new use shall conform to this Ordinance; and d.) If a non-conforming use or structure is damaged by any cause to the extent that repair or replacement costs exceed fifty percent (50%) ofthe market value, the use or structure 12 may not be replaced or repaired except in conformity with this Ordinance; and e.) Normal maintenance of a non-conforming structure is permitted, including necessary non-structural repairs and incidental alterations, which do not extend or intensify the non-conforming use. Subd. 108. Nursing Home or Rest Home. A licensed establishment having accommodations for the continuous care of two or more invalid, infinned, aged convalescent patients or disabled persons that are non-related. A nursing home as defined in Minnesota Statutes. Section 144A.OL Subd. 5. Subd. 109. Occupancy Permit. Permission received by the City to use/occupy a subject premises. Subd. 110. Open Sales Lot. Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods are not enclosed within a building. Subd. 111. Open Space. Any unoccupied land space open to the sky. Subd. 112. Ordained. To order by virtue of established authority. Subd.113. Ordinary High Water Line (OHWL). A line delineating the highest water level which has been maintained for a sufficient period of time to leave evidence on the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to terrestrial. Subd. 114. Parcel. A contiguous tract of land, which may consist of unplatted land or one or more platted lots. For purposes of the Zoning Ordinance, adjoining lots which were in common ownership according to the real estate records of Anoka County, Minnesota, will be deemed a single parcel if one or more of the lots are smaller than the minimum lot size required under the . Zoning Ordinance. Subd. 115. Parking Space. An area of not less than 162 square feet (9'x18'), exclusive of driveways and aisles, designed for the parking of one motor vehicle. Subd. 116. Patio. A courtyard or other finished exterior ground surface open to the sky constructed of rock, brick, concrete, stone or similar materials and commonly used for relaxation, socializing or dining. 13 Subd. 117. Performance Standard. A criterion established to control appearance, noise, odor, toxic or noxious matter, vibration, fIre and explosive hazards, glare, heat, waste and other potential impacts generated by or inherent in uses of land or buildings. Subd. 118. Permitted Use. A use expressly authorized by the Zoning Code for a particular district or districts. Subd. 119. Planned Unit Development (PUD). A tract ofland, which will contain two or more principal structures, developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding area. Subd. 120. Plat. The drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to Section 462.358 and Chapter 505. Subd. 121. Principal Use. The main use to which the premises are devoted and the purpose for which the zoning district allows. Subd. 122. Principal Structure. The main structure to which the premises are devoted and purpose for which the premises exist. Subd. 123. Private Property. Any real property within the City which is privately owned and which is not a public property as defined in this section. Subd. 124. Property Line. See Subd. 93, Lot Line. Subd. 125. Public Hearing. An official public meeting of which notice has been published in the City's legal newspaper. Subd. 126. Public Property. Any street or highway that includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. Subd. 127. RecreationalJOpen Space. Land which has significant natural and/or recreational amenities which warrant protection and/or assessment of any proposed change in the usage of the land. Subd. 128. Recreational Vehicles. A mobile vehicle, including boars, used for recreational purposes capable of being towed or being self-propelled. 14 Subd.129. Subd. 130. Subd. 131. Subd. 132. prohibited. Subd. 133. Subd. 134. Subd. 135. Subd. 136. Subd. 13 7. Remodeling. Alterations of a building primarily of an aesthetic nature which may include incidental repairs to supporting members but not structural alterations. Residential Facility (also Group Homes). A state licensed residential facility, defined by Chapter 462, Minnesota Statues, serving six (6) or fewer persons, in a Single-Family Residential District and no more than sixteen (16) persons in a Multi-Family Residential District. Right-of-Way. A street, alley or easement permanently established for the passage of persons and vehicles, including the traveled surface of lands adjacent that are formally dedicated to such usage. The right-of-way is measured 12 - 14 feet from the center of the street or road. Setbacks. Areas of a lot adjoining the lot lines in which structures are Sewer System. Pipelines or conduits, pumping stations. force main, and all other construction devices, appliances, or appurtenances used for conduction sewage or industrial waste or other wastes to a point of ultimate disposal. Shore Impact Zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty percent (50%) of the structure setback. ~ Any structure, device, advertisement or visual representation intended to visually advertise, identify or communicate information, or to visually attract the attention of the public for any purpose unless located within a building and not visible from the exterior of the building. See Ordinance #39. Significant Historic Site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. Sit-Down Restaurant. A restaurant in which more than 20% of the gross sales are through table service. 15 Subd. 138. Site Plan. An outline in detail of the proposed layout of all proposed structures, driveways, parking. Landscaping and other improvements, drawn to an appropriate scale. Subd. 139. Story. That portion of a building, other than a basement, which is between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. Subd. 140. Story-Half. That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. Subd. 141. Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are land having average slopes over twelve percent (12%), as measured over horizontal distances offifty (50) feet or more. Subd. 142. Street Access. A public right-of-way which affords the principal means of accessing abutting property. Subd. 143. Structure. Anything constructed, moved or erected, the use of which requires location on the ground or attached to something having a fixed location on the ground, but excluding fences, sidewalks, retaining walls and items of an ornamental, decorative or incidental nature. Subd. 144. Structural Alteration. Any change made to existing support members, columns, beams, girders or foundations except those which are solely of an ornamental, decorative or incidental nature. Subd. 145. Subdivision. The separation of an area, parcel or tract ofland under single ownership into two or more parcels, tracts, lots or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses or any combination thereof, except the following: a. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses. b. Creating cemetery lots. 16 c. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary. The purpose or the activity for which the land or building thereon is designed, arranged, or intended Subd.146. Townhouse. Attached dwelling units of three or more, each with separate means of access which are not a condominium. Subd.147. Travel Trailers. A mobile vehicle with wheels, designed for overnight living or camping purposes, capable of being towed by a motor vehicle. Subd. 148. Use. The purpose or activity for which land or a building is designed or intended, or for which it is occupied or maintained. Subd. 149. Usable Open Space. A ground area on a lot, which is graded, developed, landscaped or equipped or intended and maintained for recreation or leisure, available to and usable by persons occupying a dwelling unit and their guests. Subd. 150. Variance. A modification of the literal provisions of the Zoning Ordinance in instances where their strict enforcement would cause undue hardship to the property owner because of circwnstances unique to the property under consideration. Subd. 151. Vehicle. A car, van, truck, motorcycle, snowmobile, motor home, camper, trailer, boat or similar item licensed by the State of Minnesota and as defmed in Minn. Stat. 169.01, Sub. 1, for use on roadways or waterways, excluding bicycles. Subd. 152. Vehicle. Abandoned. Any vehicle as defined in this Section, which does not have lawfully affixed or attached thereto an unexpired state registration or license plate or plates, or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded. Subd. 153. Wall. Retaining. A structure that is erected as a permanent barrier, affixed- along its entire length to the ground or some other immovable structure to impede the movement or the erosion of soil. Subd. 154. Water-Oriented Accessory Structure or Facility. A small, above-ground structures or other improvements except stairways, fences, docks and retaining walls, which because of the relationship of its use to a surface water feature, reasonably needs to be located closed to public waters than the normal structure setback. Examples of such structures and facilities include boathouse, gazebos, screen houses, fish houses, pump houses and detached docks. 17 Subd. 155. Wetland. Land that is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or that is covered by shallow water. For purposes of this defInition, wetlands must have the following three (3) characteristics: a. Predominance of hydric soils; b. Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytes vegetation typically adapted for life in saturated soil conditions; and c. Under normal conditions, support a prevalence of such vegetation. Subd. 156. Yard. That portion of a lot between a lot line, and a building on the lot. Subd. 157. Yard, Exterior. A side yard which abuts a street or public right-of-way along the side lot line. Subd. 158. Yard, Front. The area extending along the full width of the lot between the side lot lines from the street right-of-way line to the principal building on the lot or to a depth required in the yard regulations of the Zoning District in which the individual lot is located. Subd. 159. Yard, Interior Side. A side yard which abuts an adjacent side yard or back yard along the side lot line. Subd. 160. Yard, Rear. The area extending along the full width of the lot between the side lot lines from the side lot line to the principal building on the lot or as specifIed in the yard regulations for the Zoning District in which the individual lot is located. Subd. 161. Yard, Side. The area extending along the full depth of the lot between the front and rear lot lines from the side lot line to the principal building on the lot. Subd. 162. Zoning District. An area for which specifIc regulations and requirements are established to govern land use, lot specifIcations, structures and building dimensions. Subd. 163. Zoning Map. A map that designates the location and boundaries of the City's Zoning Districts. 18 Section 410 - DISTRICTS 410.01 Division of City into Districts. The City ofCenterville is divided into the following zoning districts: Subd. 1. Residential. (a) R-l Rural Residential 10 Acres (b) R-2A Single Family Residential 11,500 SF (c) R-2 Single Family Residential 15,000 SF (d) R-4 Single Family Manufactured 7,500 SF (e) R-5 Single Family Estate 17,500 SF Subd. 2. B-1; Commercial District. Subd. 3. I-I; Industrial. Subd. 4. P-l; Public/Semi-Public. Subd. 5. M-l; Mixed Use. 410.02 Zoning Map. The location and boundaries of the City ofCenterville's zoning districts are designated in the City's Zoning Map and all notations, references and data shown on the Zoning Map are hereby adopted by reference and declared to be part of this Ordinance as the Official Zoning Map. The City of Centerville Zoning Map shall be on permanent file and available for public inspection in the City Hall. It shall be the responsibility of the City Clerk to maintain and keep the Zoning Map up to date and to record each amendment thereto within 30 days after official publication of the ordinance adopting the amendment. 410.03 District Boundaries. The boundaries between districts are, unless otherwise indicated, intended to follow parallel or perpendicular to lot lines, the centerlines of streets, alleys, waterways or rights-of-way or property lines, or such lines as extended. 1 410. 04 Yards. Generally, the minimum depth of a yard for each District shall be as defmed in its respective Section as described in this Ordinance #4. a. All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level shall not project into any minimum front, side or rear yard. b. Lots which abut on more than one (1) street shall provide the required front yards along each street for the principal structure. Side yard setbacks for an accessory structure will apply to the frontage that is not considered to be the required front yard. c. Any principal structure situated on lands contiguous to or abutting any portion of the public lakes in Centerville shall maintain yard setbacks of seventy-five (75) feet from a lake. Where the adjacent structures have yard setbacks different from these requirements, the minimum setback from a lake shall be the average setback of such adjacent structures to a minimum of fifty (50) feet. d. The minimum side or rear yard depths for the following non- residential structures or uses which abut any lot in any Residential District shall be: Which is allowed in the side yard and which is in the rear yard? The above statement states, "side or rear yard depths, but the following do not distinguish which is for which. 1. Off Street Parking. Spaces and access drives for non- residential uses - twenty (20) feet. 2. Churches. Schools and Public or Semi-Public Structures. Forty (40) feet. 3. Recreation Facilities. Entertainment Facilities, Business Uses, and Industrial Uses. Sixty (60) feet. 2 Section 421 - COMMERCIAL DISTRICT (B-1) 420.01 Purpose. The intended purpose of the Commercial District, B-1, is to provide opportunities for retail and service business uses which require larger development sites, highway visibility or highway access. The following minimwn requirements, as set forth, shall apply to all buildings that may be erected, converted or structurally altered in the B-1 Zoning District. 420.02 Permitted Uses and Structures. a.) Retail sales conducted within structures, but excluding automobile and motorized equipment sales, truck stops, gasoline and fuel sales, drive through restaurants. b.) Repair and service conducted within structures, but excluding automobile and motorized equipment repair. c.) Professional and business offices. d.) Multiple residences and accessory uses. e.) Accessory apartments. f) Theaters and recreational businesses conducted within structures. g.) Public buildings. 420.03 Permitted Conditional Uses. 420.04 Accessory Uses. Commercial uses within the M-l District will follow the Commercial guidelines for required percentages of green spaces. See Section 421, Commercial District (B-1). 420.05 Dimensional Regulations. Subd. 1. Height. No structures or other buildings may be erected to a height exceeding thirty-five (35) feet without the issuance of a Special Use Permit by the City. Subd. 2. Area and Width. No structure may be constructed or placed on a lot of less than 20,000 SF or less than 150 feet in width at the building setback line. 1 Subd. 3. Minimum Floor Area. The minimum building size in the B-1 District for commercial uses is 1,000 SF. Subd.4. Special Requirements of the Zoning District. a.) Outside Storage. Storage of products, materials and equipment, excluding rubbish or junk:, which is necessary to an approved business operation in a Commercial District, and which is completely screened from adjoining properties and rights-of-way. Permitted outside storage, required surfacing for outside storage and screening of the items to be stored outside will be considered at a Site Plan Review hearing before the Planning and Zoning and the City Council. Outside display of vehicles, equipment and merchandise for direct sale to consumers when such outside display is customary and necessary to the business is a permitted use within the zoning district. b.) Off Street Parking. 1. Minimum space for a single vehicle shall be nine (9) feet by eighteen (18) feet. 2. Off-street parking shall be surfaced with asphalt or concrete, and with permanent concrete curbs to define driveways and parking limits. Plans and specifications for parking areas shall be reviewed by the Rice Creek Water- shed, and approved by the City. Approval from the City will occur only after completion of the site plan review process, which requires a hearing before the Planning and Zoning Commission and the City Council. 3. There shall be no off-street parking within five (5) feet from any street right-of-way nor five (5) feet from any other lot line. Subd. 5. F ront Yard. The front yard shall have a minimum setback of 30 feet from the front property line. Subd.6. Side Yard. Each side yard shall have a minimum setback of20 feet from the side property line. Subd. 7. Rear Yard. The rear yard shall have a minimum setback of 30 feet from the front property line. 2 Subd. 8. Commercial Exterior Building Materials. Except as otherwise regulated within this Ordinance~ the exterior wall surfaces of all new or expanded commercial buildings shall consist of face brick, fInished block or other textured masonry product approved by the Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved for recommendation by the Planning and Zoning Commission, provided the following fIndings are met: a.) The combination of exterior materials is used as an architectural compliment to the structure. b.) The combination of exterior materials used is not inconsistent with the quality and appearance used on similar buildings in the same Zoning District. c.) Site conditions limit public exposure to certain exterior surfaces where masonry products are not proposed. d.) An exterior wall may be temporary and a future expansion area of a structure and be subject to removal or redesign as an interior walL Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. 3 Section 422 - GENERAL REGULATIONS 422.01 Lot Requirements. Subd. 1. Yards. The minimum depth of front yards, rear yards and side yards for each Zoning District shall be defIned in Sections 415 through 421 and in the Schedule of Regulations and shall conform to the following additional regulations: a.) All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms about normal grade level shall not proj ect into any minimum front, side, or rear yard. b.) Lots which abutmorethan one(1) street shall providetherecfuiredfront yards along eachstreet Jor the principal structure. Sideyard setbacks.forah accessory structure will apply to the frontage that is not considered tobethe required front yard. c.) Any principal structure situated on lands contiguous to or abutting any portion of the public lakes in Centerville shall maintain yard setbacks of seventy-fIve (75) feet from the lake. Where adjacent structures have yard setbacks do not conform to the 75 foot setback requirements, the minimum setback from the lake shall be the average setback of such adjacent structures to a minimum of fifty (50) feet. d.) The minimum side and rear yard depths for structures of the followi~l}g non- residential uses and that abut any lot in any Residential District shall be: 1.) Twenty (20) feet for each side yard and rear yard for off-street parking spaces and access drives for non-residential uses. 2.) Forty (40) feet for each side yard and rear yard for Churches, schools and public or semi-public structures. 3.) Sixty (60) feet for each side yard and rear yard for recreation facilities, entertainment facilities, all business uses and all industrial uses. 422.02 Encroachment in Yards. The following are permitted encroachments in yards: a.) Cornices, canopies or eaves may extend into the required front yard a distance not to exceed two (2) feet, six (6) inches. b.) A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six (6) feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three (3) feet may be placed around such structure. 1 c.) The above-referenced architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall extend more than three (3) feet into any side yard and then, in the case of an outside stairway, only if it is unroofed and unenclosed above and below the steps. In no situation shall a porch, stair landing, or any other architectural feature extend closer than four (4) feet to the side property line. OR: Suggested language: No structure. fencing. grade elevation. or planting in excess of 18 inches above the curb line or centerline grades of intersecting streets is permitted within the boulevard or right-of-way on comer lots in residential districts. 422.03 Accessory Buildings/Structures. Subd. 1. Subd. 2. Subd. 3. Subd. 4. Subd. 5. Yards. No detached accessory building may be constructed on a parcel without a principal structure and cannot be located within any yard other than the rear yard or the side yard except in the M -1 Zoning District. Minimum Setbacks. No accessory building or any eave or other portion of any accessory building may be located within five (5) feet of either side property line or ten (10) feet of the rear property line, except in the M -1 Zoning District. Setback from Principal Structure. Unless attached to and made a part of the principal structure, no eave or other portion of an accessory building may be closer than six (6) feet to the principal structure, except as otherwise provided for in this Section. No more than two (2) accessory structures are permitted on any Single- Family, detached dwelling parcel located in any residential zoning district, except R -1. No accessory structure may be placed in any easement. Design. All accessory buildings constructed after the construction of the . principal structure must be designed and constructed in a manner consistent with the design and general appearance of the principal structure. The side walls of an accessory building may not exceed ten (l0) feet in height 2 The combined aggregate square footage of an accessory structure may not exceed two hundred (200) square feet or two percent (2%) of the lot area, whichever is greater, except in the M-l and R-4 Zoning Districts. Subd.6. Accessory Buildings Attached. If an accessory building is attached to the principal structure, it will be considered a part of the principal structure and must comply with all setbacks and other requirements applicable to the principal structure. The total area of an attached accessory building (garage) shall be no greater than 1500 square feet per level. 422.04 Zero Lot Lines. In new residential subdivisions ofM-I, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of the structure. Other appropriate setbacks apply. 422.05 Excess Height Permit. Upon securing a Special Use Permit, any building may be erected to a height exceeding that specified for the respective Zoning District providing: a.) The front, rear and side yards shall be increased on (1) foot for each one (1) foot by which the building exceeds the height limit established for that particular Zoning District. b.) The structure is any of the following: television and radio towers, church towers, belfries, monuments, tanks, water and fue towers, grain elevators, stage towers and scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, silos, and air conditioning and heating units; and c.) No tower, gable, spire, or similar structure shall be used for sleeping or eating quarters, or for any commercial purpose except one (1) incidental to the permitted uses of the main building. 422.06 Swimming Pools. Swimming pools are defmed as any structure, basing chamber or tank, used for swimming or bathing, over 24 inches in depth, and that is constructed about or below ground. Swimming pools may exceed the size requirements for accessory structures as described in this Section, but they cannot exceed fifty percent (50%) of the rear yard. Subd. 1. Easements. No part of a swimming pool may be located within any private or public utility, workway, drainage, or other easement. Subd. 2. Setbacks. No part of a swimming pool may be located within five (5) feet of the side yard property line or within ten (10) feet of the rear yard property line or within 75 feet from the natural high water elevation of a lake. 3 Subd. 3. Subd. 4. Subd. 5. Subd. 6. Subd. 7. Any swimming pool mechanical equipment, including the filter unit, pUmp, heating unit, must be at lease 25 feet from any neighboring residential structure; at least ten (10) feet from any side yard property line; 'and at least 75 feet from the natural high water elevation of a lake. Front Yard. No swimming pool may be located in a front yard. Safety Requirements. Safety precautions must be at a minimum to comply with the following: (a) All pools must be provided with safeguards to prevent children from gaining uncontrollable access. Safeguards must include a fence at- least six (6) feet in height designed to reasonable prevent uncontrolled access by children. (b) All fence openings or points of entry into the pool area enclosure must be equipped with a gate, and all gates must be equipped with self-latching devices placed so as to be inaccessible to small children. The gates must be locked at all times when the pool is not in direct use. Lighting. Lighting used in connection with swimming pools must be adjusted in a manner as not to interfere with the reasonable use of adjacent property. Permits. No permit will be issued unless it meets the requirements of this Section. No permit will be issued until the Building Inspector is satisfied that the proposed swimming pool will not be a health hazard and is to be constructed in such a way so that its future use will not endanger the health, life or safety of any persons coming in contact with the swimming pool. Inspection. The Building Inspector is authorized to conduct any inspections necessary to ensure compliance with all provisions of this Section and has the right of entry at any reasonable hour to the swimming pool for this purpose. 422.07 Fences. For purposes of this Section, a fence is as defined in Section 405, Subd. 64. Subd. 1. Fence Permit Required. A fence permit is required for the construction or alteration of a fence, and for any additions to a fence. The permit must be obtained in the name of the owner of the property on which the fence is or will be located. Applications for a permit must be made on forms provided by the City. The applicant must provide the Building Inspector with a set of plans and specifications for the fence for review. 4 Subd.2. Subd.3. Subd.4. Subd. 5. Subd.6. Subd. 7. Subd.8. Location Requirements. Any fence constructed or altered must be located entirely upon the private property of the owner to whom the fence permit was issued. The fence must be set back a distance from the owner's property line sufficient to avoid encroachment onto adjoining private or public property or a public right-of-way. Fence Size. No residential fence shall be over six (6) feet in height, and no residential fence in a front yard shall be over four (4) feet in height. Height shall be measured from the natural grade, except that the height of a railing, wall, fence or screening affIxed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. On an interior side yard where it abuts a back yard on a comer lot, a six (6) foot fence is permitted. Decorative Fence. As used in this Section, a decorative fence means a wooden vertical post and wooden horizontal rail fencing with no more than three (3) rails or wood picket style fence with at least two (2) inches of open space between each picket. Decorative fences in the front yard may not exceed 36 inches and shall not be placed in the boulevard or right-of-way. Swimming Pool Fencing. Private swimming pools with water depths in excess of 24 inches are to be permanently fenced so as to comply with the fencing requirements of Section 421.04, Subd. 3, Safety Requirements. Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to April 1 and will not require a permit. Electric and Barbed Wire Fence. Electric fences, hog wire fencing, barbed wire fencing, and similar fencing will be allowed only in the R-1 Zoning District. Construction and Maintenance. Every fence must be constructed in a substantial manner and of substantial material, reasonably suitable for the purpose for which the fence is intended. The finished side or fencing material of a fence must face toward adjacent property or a street or alley and the post and framework for the fence must be on the inwardly facing side. Every fence must be maintained in a condition of reasonable repair and may not by reason of age, decay, accident or otherwise, be allowed to become or remain in a state of disrepair so as to be or tend to be a nuisance, causing injury to the public or any abutting property. Any fence which is dangerous by reason of its construction or state of 5 disrepair or is otherwise injurious to public safety, health or welfare will be declared to be a nuisance and ordered removed. Subd. 9. Traffic View. No fence along a public street may be constructed or altered so as to visually obstruct the view from a vehicle on that street of approaching traffic on that street or another street. 422.08 Parking Requirements. The following outlines the minimum number of parking spaces required for various uses permitted in the City. The City may modify minimum parking requirements in the M-I Zoning District, as part of the Site Plan Approval process, if it is determined that the use is consistent with the purpose of the M-l District and street parking is sufficient to accommodate the use. All property in the City must comply with the following on-site parking requirements. Subd. 1. Parking Spaces. a.) Parking spaces must be at least 9 feet by 18 feet in the Zoning Districts of B-1, I and the commercial uses in M-l. Parking spaces must be clearly marked and painted. b.) All vehicles parked on any lot in any Zoning District must be parked on a surface paved with asphalt or bituminous material, concrete, cement, brick, or other paved surface. c.) Any vehicle without current state registration must be parked in a garage or other allowable building. Subd. 2. Minimum number of Parking Spaces: a.) Residential units must have at lease 2 parking spaces per unit. b.) Churches, theaters, restaurants must have a number of parking spaces which is not less than 1 parking space per 3 seats. c.) Schools must have 1 parking space per classroom plus 1 parking space per 3 seats in the largest assembly. d.) Office units must have 5 parking spaces per 1,000 SF of gross floor space. e.) Retail units must have 6 parking spaces per 1,000 SF of gross floor space. f.) Convenience stores must have 7 parking spaces per 1,000 SF of gross floor area. g.) General services units must have 4 parking spaces per 1,000 SF of gross floor area. 6 Subd. 4. h.) Trade business, manufacturing, and other industrial uses must have 3 parking spaces per 1,000 SF of gross floor area. i.) Car wash businesses must have 5 stacking spaces per bay. j.) Drive -Up Restaurants must have 5 stacking spaces plus 1 parking space per 3 seats. General Parking Regulations. a.) When a building is enlarged, additional off-street parking shall be required only with respect to the additional usable floor area. Parking spaces may be located on a lot other than that containing the principal use with the approval of the City Council. b.) No parking area or spaces used or designated in connection with a building in existence on the effective date of this Ordinance shall be reduced to provide fewer than the minimum number of parking spaces as required under this Ordinance. c.) Minimum requirements for off-street loading shall include: 1. No building shall be hereafter erected, substantially altered, or its use changed unless off-street parking and loading spaces have been provided for in accordance with the provisions of this Ordinance. 2. A loading space shall have a minimum dimension of not less than twelve (12) feet in width, fifty (50) feet in length, exclusive of driveways, aisles, and other circulation areas. 3. One (1) off-street loading space shall be provided and maintained on the same lot for each commercial and/or industrial use requiring regular delivery of goods and having a modified gross floor area of more than ten thousand (10,000) SF. 4. One (1) loading space shall be provided for each additional twenty-five thousand (25,000) SF or a fraction thereof. When an application of the standards of this Ordinance with respect to the number of off-street parking spaces results in the need to provide a fraction of one (1) space, any fraction of one-half ( ~ ) or less shall be disregarded and any other fraction shall be construed as one (1). 7 5. No off-street loading space shall be located in any yard adjoining any residential use. 6. Required off-street loading space shall not be included as off-street parking space in computing the required off- street parking space. 7 . Vehicles utilizing such loading space shall not project into the public right-of-way. d.) Parking areas consisting of five (5) or more off-street parking spaces shall have individual spaces so marked and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley and so that any vehicle may be parked and unparked without moving another. e.) When an application of the standards of this Ordinance with respect to the number of off-street parking spaces results in the need to provide a fraction of one (1) space, any fraction of one-half ( ~ ) or less shall be disregarded and any other fraction shall be construed as one (1). f.) Required parking and loading spaces, together with driveways, aisles and other circulation areas, shall be improved in such a way as to provide a durable and dust-free surface. The property owner of any parking or loading area shall maintain the area in good condition without holes and free of all trash, dust, and other debris. g.) All parking in all zoning districts and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. h.) All off-street parking areas shall have access from driveways rather than from public streets. Driveway access shall be limited to twenty-four (24) foot width at the street line. 422.09 Outside Storage. All products, materials and equipment, except as specifically provided in this Ordinance, shall be stored within structures as allowed by this Ordinance, except for the following: . Subd. 1. Residential Districts and Dwellings in the M-l Districts. a.) Agricultural products, equipment and appurtenances owned by the owner of the property and used on the property on which they are kept. 8 b.) All licensed and operational motor vehicles shall be parked on the permitted driveway area. Any non-licensed, non-operational vehicles must be stored in an enclosed structure. c.) A maximum of two (2) of the following units may be stored outside of a structure for more than forty-eight (48) hours on any residential parcel provided they are stored on the permitted driveway area outside of the road right-of-way or are in a side or rear yard. ~ Boat ~ Camper ~ Motor Home ~ Snowmobile ~ Personal watercraft ~ Personal Utility trailer ~ Ice House ~ Small Construction Equipment Licensed motor homes or fifth wheel utility trailers are allowed in the side or rear yards. d.) Clothes lines, antennae, air conditions, outdoor grills, play equipment, ornaments and monuments. e.) Temporary storage of materials and equipment during construction and landscaping. f.) Lakeshore properties can store the following items of personal property within fifty (50) feet of the shoreline during the months from September to May: ~ Docks ~ Boat lifts, ~ Swim Rafts ~ Slides ~ Other swimming equipment Subd.422.10. Surface Water Management. Storm water shall be managed in accordance with the City's Surface Water Management Plan, National Urban Runoff Program (NURP) standards for the design of new storm water ponds and the Minnesota Pollution Control Agency's CAiPC!...) Urban Best Management Practices, entitled "Protecting Water Quality in Urban Areas" federal NPDES Phase II regulations for MS4 plans Storm Water Pollution Prevention . Program permits. These standards shall be applied in the review of any future proposed development to reduce non-point source pollutants into area lakes, creek and county ditches from storm water run-off. 9 Existing natural drainage ways, natural water storage or retention areas, and vegetated soil surfaces should be used to the greatest extent possible to store, filter and retain storm water run-off before its discharge occurs into any public waters. When natural features and vegetation are not available to handle storm water run-off, constructed facilities such as diversion ditches, settling basins, skimming devices, dikes and man- made waterways and ponds may be used. Preference shall be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man-made materials and facilities. Development should be planned and conducted in a manner that will mlnlmize the extent of disturbed areas, run-off velocities, erosion potential and reduce and delay run-off volumes. Subd. 422.11 Wetland Protection and Management. In accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to wetland areas: a. Permanent natural buffer areas and appropriate erosion control measures be taken surrounding wetland areas to prevent sedimentation of the wetland. b. Wetlands may not be drained or filled, wholly or partially, unless approved and permitted by the Rice Creek Watershed District. replaced by restoring or ci"eating '.vetland areas of at least equal public 'falue. 'Wetland eneroaehmcnt must be guided by the follO\ving principles in descending order: 1. ,^.. void the direct or indirect impact of the activity that may destroy or diminish the wetland. 2. Mlnlmizing the impact by limiting the degree or magnitude of the vletland aeti'lity and its implementation. 3. Rectify the impact by repairing, rehabilitating, or restoring the affected v.'ctland enyironment. 4. Reducing or eliminating the impact oyer time by preservation and maintenance operations during the life of the activity. 5. Replacing or providing substitute '.vctland resources or enyironments. Subd.421.12 Woodland Preservation. In residential areas, structures shall be located in such a manner that the maximum number of woodlands shall be preserved. If large number of trees is cut in residential areas, trees shall be replanted in a density and manner as approved by the City Council. Clear cutting of woodlands for non-agricultural reasons is prohibited, unless the action involves a utility or roadway, required by the public, and includes a reforestation plan as required by the City Council. Subd. 422.13 Erosion and Sedimentation Control. No land occupant or developer in the City shall cause or conduct any land disturbing activity which causes excessive erosion or sedimentation or which results in damage to water or soil resources. All development in the City shall conform to the natural limitations presented by the topography and soil types in order to minimize soil erosion and sedimentation. Erosion and sedimentation controls shall be consistent with the MPCf..'s "Best Management Practices" current City. state and federal regulations. 10 Land disturbing activities shall occur in increments of workable size such that adequate erosion and sediment controls can be provided throughout all phases of the development. The smallest practical area of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural vegetative barriers are not enough to contain erosion and sedimentation from migrating to lakes, wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales. Subd.422.14 Landscaping. Any development of property in any zoning district, including site modifications or use intensifications, shall be subject to landscaping improvements requirements. Existing healthy trees and native vegetation on a site are to be preserved to the maximum extent feasible during site development. 1. Landscaping Plan. As part of the site plan approval process, the owner of the property must submit to the City for approval. a landscaping plan showing: a.) Placement and height of plantings and decorative features such as walls, fences, berms and other landscaping features. b.) Species, quantity and diameter of trees, grasses, and shrubs. c.) Areas to be left in their natural state and areas to be sodded. d.) Dimension, descriptions and other pertinent data identifying proposed special landscaping effects such as ponds, rock gardens, fountains and other similar items. e.) A grade and contour plan showing elevations at two (2) foot intervals, or less where necessary, to identify pertinent site data (floor and spot elevations, critical points, drainage and other items). f.) No trees may be planted in public rights-of-way except. The following table illustrates planting guidelines within each zoning district. District Overlay Trees (a) Foundation Plantings (d) R-l 2 trees/unit/street frontage (b) None R-2, 4 & 5 2 trees/unit/open space exposure (c) None R-2A 8 trees plus 2 trees/unit (e) None B-1 8 trees or 1 tree13000 SF site area (e) 1/10 ft of Building and Parking M-l 8 trees or 1 tree13000 SR site area (e) 1/10 ft of Building and Parking 1-1 8 trees or 1 tree13000 SR site area (e) 1/10 ft of Building and Parking P-l 8 trees or 1 tree13000 SR site area (e) 1110 ft of Building and Parking a. Trees shall be deciduous and planted at the boulevard, except on cuI-de-sacs where one of the required trees may be planted off the boulevard but in the front yard area. b. Trees shall be deciduous. Unit exposures with street frontage shall be planted at the boulevard. 11 c. Tree spacing must include trees at the boulevard at minnmun fifty (50) foot intervals. d. The calculation for the number of foundation plantings is based upon one (1) planting for each lineal foot of building perimeter and parking lot perimeter. Plantings may be grouped rather than dispersed at ten (10) foot intervals. e. The required number of trees is based upon a minimum of eight (8) trees ot one (1) tree per three thousand (3,000) square feet (SF) of site area, whichever is greater. Tree spacing must include trees at the boulevard at a minimum offifty (50) foot intervals. 2. Overstory Trees. a. Deciduous Trees. Two and one half (2 Y2) inch caliper diameter planting size, balled and burlapped. b. Coniferous Trees. Six (6) feet in height planting size, balled and burlapped. 3. Foundation Plantings. Coniferous and deciduous shrubs shall be planted at a minimmn of one-third (113) the mature spread and height of typical growth habits. 4. Boulevard Trees. All boulevard trees shall be hardwood shade trees or flowering trees. 5. Overstory Mix. When multiple quantities of overstory trees are required, at least seventy-five percent (75%) of the trees required shall be deciduous. 6. Hardiness. All landscape materials proposed shall be consistent with Minnesota Hardiness Zones, whether indigenous or foreign. Plant species must all be tolerant to snow storage, exposure to salt and sun scald in parking areas. 7. Diversification. In any development in which at least eight (8) overstory trees or foundation plantings are required, at least three (3) varieties of boulevard trees are required on each side of the block. 8. Warranty. All required landscape materials shall be warranted for growth for a miillmum of two (2) years after planting. 422.15 Screening. Screening may be accomplished with a wall. fence. berm or other landscape feature. or plantings which will provide opacity of 80% within three years of planting. Planting type and screen design are subject to Planning and Zoning Commission review and City Council approval. Screening is required on B~ 1 and I district property which abuts any property in a residential district. The Council may require screening on high density residential property which abutsR-l. R-2 and R-2A. 12 March 30, 2004 Kim Moore-Sykes City of Centerville 1880 Main Street Centerville, MN 55038 Dear Kim: I am requesting that the Planning and Zoning Commission review the current policy in regards to Utility and Drainage Easements. The reason for this request is that I would like to construct a 12 x 12 storage shed within an area designated as Drainage Easement. My position on the requested change in policy would be to review each Drainage Easement on an individual basis. My concern is the properties in newer developments within the City of Centerville are consumed by a high percentage of easement. This leaves property owners few options for constructing any type of structure on their property. I met with Paul Paulzer in the fall of 2003 to discuss my situation. He agreed that the area I proposed for construction was suitable for the use, but he could not approve it the way the current Drainage Easement policy is written. He agreed that each situation should be evaluated individually, not as a whole. I hope you can forward this to Planning and Zoning for review. Please advise me on the protocol for amending this policy. Best Regards, Todd'St ffe 6976 Brian Centerville, MN 55038 651-762-2552 SRF No. 0044994 0040 CSAH 14 STUDY, ANOKA CO HWY DEPT. Meeting with Centerville EDC April 13, 2004 AGENDA I. Project Overview - Lyndon Robjent, Anoka Co; Jim Dvorak, SRF Consulting Group, Inc. · Study Area Issues · Study Goals and Schedule · Public Involvement for Study fl. Assessment of potential business and land use impacts - Beth Bartz, SRF Consulting Group, Inc. · Study approach · Feedback regarding public involvement needs flI. Overview of existing and future land use plans - Kim Moore Sykes, City of Centerville IV. Trade Area Analysis - Jim McComb, the McComb Group · Existing trade area (market capture?) · Future trends (potential market capture?) · Discussion: "Where does Centerville Want to Fit?" VI. Roadway Alternatives under consideration - Jim Dvorak, SRF · Assumptions regarding future regional access to I-35W and I-35E · County 14 Reconstruction Alternatives · Discussion: "How might these alternatives affect area businesses?" VII. Next Steps · Next Public Meeting: April 22, 2004 - Chomonix Golf Course