Loading...
HomeMy WebLinkAbout2007-01-02 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JANUARY 2, 2007 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on January 2, 2007, at 6:30 p. m. PRESENT: Chairperson Brian Hanson Commissioner Robert Wright Commissioner D. Love Commissioner Thomas Wood Commissioner Mark Pangell Commissioner Jennefer Klennert Hunt Commissioner Ben Fehrenbacher ABSENT: None COUNCIL: Council Member Broussard STAFF: Mr. Dallas Larson I. CALL TO ORDER 1.Roll Call The meeting was called to order at 6:30 p.m. II. APPEARANCES None. III. PUBLIC HEARING(S) 1. Mr. Jeff Hanzal – Rezone Request, Comprehensive Plan Amendment, Preliminary Plat & Variance (7381 Old Mill Road) Chair Hanson opened the public hearing. Mr. Jeff Hanzal of 7381 Old Mill Road addressed the Commission and explained his request for rezone, Comprehensive Plan Amendment, Preliminary Plat and Variance. Mr. Patrick Fruth of 7384 Old Mill Road asked if there would be future development plans for this property or why R-2 is being requested. Page 1 of 8 City of Centerville Planning and Zoning Commission January 2, 2007 Mr. Hanzal explained that their home and most of the property is zoned R-2 and they are not planning anything additional other than what is shown on the proposed Plat. Mr. Hanzal explained that they are attempting to rezone the smaller portions that are R-5 to have them match the R-2 of the remainder of the property. Chair Hanson asked what the minimum lot size is for this development. Mr. Hanzal indicated that the smallest lot is .72 acres. Mr. Jon Krueger of 7368 Old Mill Road said that he feels that the development should be R5 for 17,500 square feet minimum and the building size concerns him because they were required to have a 1,200 square foot foundation for their house and R2 only requires 1,050 square feet. He then said that 440 square feet of garage is required for R2. He further said that he is concerned with his property value by adding these smaller homes and garages. Mr. Krueger indicated that this development will increase noise, light, density and an R5 lot would be less of an impact to their development. He also said that he is concerned about drainage issues. Mr. Krueger indicated that there is a water pipe on the outlot and Rice Creek uses that outlot to get water into the creek but his main concern is that this will bring down his property value by going with a smaller size house. He then said that he feels that the variance for the driveway should not be allowed because he was required to follow code for a 35-foot driveway and it causes him concern for safety hazards and there will be nowhere to park. Mr. Krueger indicated that he would like all of the property to stay R5 rather than be rezoned to R2. Council Liaison Broussard indicated that the lot size is almost double the R5 requirements. Mr. Fruth asked what will be done with the drainage pipe. Mr. Hanzal indicated that it flows into the creek right now and their plan will redirect the drainage to a holding pond west of Lot One. Chair Hanson asked what the property north and south of the Hanzal property is zoned. City Administrator Larson explained that across the street is R5 and the other area is R2. Mr. Hanzal indicated that the R2 zoning does not guarantee a small home. He then said that the homes in Peltier Preserve, which is zoned R2, are nice large homes and they plan large homes in their development as well. Page 2 of 8 City of Centerville Planning and Zoning Commission January 2, 2007 Ms. Norma Essex of 7333 Old Mill Road asked how far back is it from the road to the bluff at the north and south end. Ms. Essex indicated that they are concerned with putting homes 10 feet closer to the road than they are. She then said that the whole creek area is prone to flooding with heavy rains and snowmelt in the spring. Mr. Hanzal explained that the home would be 15 to 20 feet back from the road and noted that they have the flood way delineated on the plan. Commissioner Love asked which areas are not R2 because most of the property is R2. City Administrator Larson pointed out the R5 and P1 zoning area of this property on the map. Mr. Kevin Kowarsch of 7354 Old Mill Road indicated that he lives across from the south lot and said that his major concern is the driveway since he lives across from it. He then said that he feels it will be an eyesore looking at a building that is 15 feet closer than required by Code. He further said that something like that will increase on street parking and safety hazards for his kids and other kids in the neighborhood. Mr. Grant Peters of 1817 Revoir Street questioned the R2 versus the R5 zoning as the lot size seems to be in line with the neighborhood. He then asked why this needs to go to R2. Mr. Hanzal said the intention is to zone it all the same rather than having two parts of the same lot zoned separately not to allow for smaller lots and smaller homes. Mr. Peters asked if the value of the properties on the opposite side of the street would be affected by R2 zoning versus R5. The Commission said it would not. Mr. Peters asked how the bluff drop off will be filled. Mr. Hanzal indicated that a retaining wall would be engineered to address the fill in that location. Ms. Jodi West of 1825 Revoir Street said that she is concerned with the home being closer to the road and she is concerned about her property value. Chair Hanson said that usually there would not be a devaluation of property adjacent to this property if it is rezoned to R2. He then said that the types of homes may affect values. Page 3 of 8 City of Centerville Planning and Zoning Commission January 2, 2007 Commissioner Wood indicated that lot size and value of the home is considered when valuing real estate rather than the zoning to determine the value. Mr. Kevin Kowarsch indicated that his concern is that the home would be 15 feet closer to the street. Mr. Hanzal explained that he spoke with Mr. Larson and there may be an opportunity to bring the driveway in from the side to alleviate that concern. Mr. Hanzal indicated that they are concerned about the neighborhood and are attempting to do whatever can be done to make this development a nice development to enhance the area. Mr. Peters asked for a diagram showing how the home would sit on the lot. Mr. Hanzal explained that a side loading garage has been considered for that lot. Ms. Essex asked if the Commission have been out to view the property. The Commissioners indicated that they had been out to the property. Ms. Ladine Krueger of 7368 Old Mill Road said that a nice house could be put on these lots but putting a large home on a smaller lot means there is no room for them to play and they will be out in the street playing and that concerns her because Old Mill Road is not safe for the kids to play in. Commissioner Wood asked whether there would be covenants in place for the size of the homes and other amenities. Mr. Hanzal indicated that there would be covenants in place for the lots. City Administrator Larson asked the Commission to consider whether the variance should be approved prior to receipt of a specific plan for that lot. He then noted that if this is recommended for approval, Council will not approve it until or if public utilities are available. City Administrator Larson explained there are time constraints for making decisions on whether the utilities will be extended and Council may be asking Mr. Hanzal for an extension. Motion by Commissioner Klennert Hunt, seconded by Commissioner Love, to close the public hearing. All in favor. Motion carried unanimously. Commissioner Klennert Hunt asked to do this one step at a time. She then said that the goal is to make sure there are not islands of zoning by themselves and the street is a natural border so it seems to make sense to move the small pieces of R5 zoning to R2. Page 4 of 8 City of Centerville Planning and Zoning Commission January 2, 2007 Commissioner Love indicated that the zoning makes sense because the property is owned by the same property owner and the road makes a natural break. Motion by Commissioner Klennert Hunt, seconded by Commissioner Wood, to recommend approval of the Comprehensive Plan Amendment and Rezoning. All in favor. Motion carried unanimously. Council Liaison Broussard asked what happens to the lot if the variance is not approved for it. Mr. Hanzal indicated that it would be added to his property, which is the existing lot. Mr. Hanzal indicated that the lots will be fairly pricey and he does not see anyone putting a small home on them. City Administrator Larson asked for a site plan that shows exactly where the home would go and shows how much variance is needed for the driveway and how much green space would be available to the family to use. Mr. Fruth asked if the rest of the lots would be approved. Chair Hanson said that would be up to the Council. Commissioner Wright said that he is concerned with the setbacks for officers for patrolling and for safety in the neighborhood. Motion by Chair Hanson, seconded by Commissioner Pangell, to recommend approval of the Preliminary Plat and Table Variance Request for 7381 Old Mill Road. All in favor. Motion carried unanimously. City Administrator Larson indicated that this would be before Council on January 10, 2007. Council Liaison Broussard asked how the Commission feels that the Variance meets the state statute for hardship. The Commission discussed criteria two. City Administrator Larson said that the floodway boundaries and steep grades would make the property unique. Council Liaison Broussard asked if this is detrimental or injurious to the adjoining property and whether approving the variance would create a safety hazard for the people that build a house on that lot. Page 5 of 8 City of Centerville Planning and Zoning Commission January 2, 2007 The Commission agreed so long as the home is set properly on the lot to allow it to be used properly there would be no safety issues with creating this lot. The Commission agreed that this meets the requirements to grant the variance. Chair Hanson indicated that he would like to ensure that the driveway is situated properly. City Administrator Larson said that the City should limit the variance to the smallest variance required. Council Liaison Broussard recommended requiring plantings for screening the home from across the street. Council Liaison Broussard indicated that this would not change the line of site down the street because there is not one because of the curve in the street. The Commission and Council Liaison Broussard discussed undue hardship and how it applies to this property. IV. OLD BUSINESS 1. Comprehensive Plan Review The Commission asked that the tables, years and number of acres be updated by Staff. Commissioner Love indicated that he would like to adjust the figures for commercial on Page 39. Chair Hanson agreed. City Administrator Larson indicated that Council wanted to wait with that but it may be possible to move some of the property along 14 to commercial. th Commissioner Love would like to consider making land along 20 Avenue commercial rather than industrial. Chair Hanson would like the section to the north to be commercial rather than industrial. City Administrator Larson indicated that when the Planner comes on board he/she will review and make recommendations for changes. Chair Hanson questioned whether it is necessary to state the type of housing. Staff will have the Planner take a look at that statement for updating or removal. Page 6 of 8 City of Centerville Planning and Zoning Commission January 2, 2007 The Commission discussed whether 10 acres of multi-family housing has been accomplished or if the statement should be removed. Staff will discuss that matter with the Planner. The Commission asked for an update on CSAH 14. City Administrator Larson indicated that the agreement has been signed by the City and the County and construction will begin this construction year. City Administrator Larson indicated that the County has said it will approve a traffic signal if built by the developer but they would only allow a left turn out of the north side th at 20 Avenue Commissioner Klennert Hunt indicated that the Livable Communities Act information can go into the downtown area. Commissioner Love asked about the PUD language on Page 42. City Administrator Larson indicated that is the priority way to develop the downtown. Chair Hanson indicated that he would like to be more consistent with signage and would like to enforce the sign ordinance. Staff recommended looking at it for the types of signs wanted in downtown. Chair Hanson suggested removing the sentence about discussing with Lino Lakes for st construction of 21 Avenue. Staff will reword that sentence slightly to leave the option of discussions open because it is not currently being discussed. Commissioner Klennert Hunt asked that the EDC Committee be removed as well as the Star City information. City Administrator Larson will add that the City has established an Economic Development Authority. Chair Hanson asked Staff to remove the note on Page 48 stating that no construction is pending for CSAH 14. Staff will remove. Commissioner Klennert Hunt asked to add something about the backage road to state that the City is working to promote development. Page 7 of 8 City of Centerville Planning and Zoning Commission January 2, 2007 City Administrator Larson indicted that Park & Recreation would be reviewing the park portion of the Comprehensive Plan and providing feedback to the Planning Commission. V. NEW BUSINESS None. VI. DISCUSSION ITEMS None. VII. CONSIDERATION OF MINUTES 1. December 5, 2006 Planning and Zoning Meeting Minutes Motion by Commissioner Love, seconded by Commissioner Fehrenbacher to approve the Minutes of December 5, 2006, as presented. All in favor. Motion carried unanimously. Commissioner Wood abstained from voting as he was not present at the meeting. VIII. ADJOURNMENT Motion by Commissioner Love, seconded by Commissioner Wood to adjourn the January 2, 2007 Planning Commission meeting at 8:40 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of 8