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HomeMy WebLinkAbout2005-05-03 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MAY 3, 2005 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on May 3, 2005, at 6:30 p. m. PRESENT: Chairperson Brian Hanson CommissionerJennefer Klennert Hunt CommissionerJeffHanzal CommissionerBobWright CommissionerTomWood CommissionerD.Love ABSENT: None COUNCIL: Mayor Capra STAFF: Mr. Larson, City Administrator I. CALLTOORDER 1.Roll Call The meeting was called to order at 6:30 p.m. II. APPEARANCES 1.Presentation of Plaque – Michelle Lakso Chair Hansen presented a plaque to Ms. Lakso for her service to the Planning Commission. III. PUBLIC HEARING(S) 1.Ordinance #4 – Proposed Amendments (Swimming Pool Fencing and Non- Conforming Uses & Structures) Chair Hanson opened the public hearing at 7:55 p.m. Norma Essex indicated she would like to have the City require a sixfoot privacy fence to keep the noise down and provide privacy fromneighboring pools. She then said that she has an issue with her neighbors and their pool and the noise it causes, sometimes late into the night. Page 1 of 8 Planning& Zoning Commission May 3, 2005 Meeting Minutes The Commission explained that the fence around the pool is to keep children from wandering over and falling into or climbing into the pool not to provide privacy or screen them. The Commission suggested she contact the police for enforcement of the noise ordinance. Motion by Commissioner Klennert Hunt, seconded by Commissioner Wood, to close the public hearing. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:58 p.m. Motion by Commissioner Hanzal, seconded by Commissioner Wood, to recommend approval of the proposed amendment to Ordinance #4, swimming pool fencing and nonconforming uses and structures. All in favor. Motion carried unanimously. 2.Zoning Map Amendments/ComprehensivePlan Amendment (Zoning Along Main Street and the Downtown Area (R-2 to B1 or M1) Chair Hanson opened the public hearing at 6:40 p.m. Chair Hanson indicated that he is not in favor of M1 for all these properties and cautioned that in an M1 district there are zero lot lines and that may mean that the County would not have to buy out some properties. He then said that he would like to wait until the road goes through before making a final determination. Commissioner Wood indicated that he would like to leave the lake lots as residential as commercial does not seem appropriate. Bob Clarence of 1649 Heritage Street asked the Commission to define mixed use. Chair Hanson explained that it is a district that allows both residential and commercial uses with zero lot lines. He then outlined the allowed uses in M1. Lloyd Hanson of 1588 Sorel indicated that he wants to leave the lake as residential. Al LaMotte of 1643 Heritage Street asked why the lake was being considered for rezoning. City Administrator Larson indicated that thenotice was very broad to encompass a large area for consideration and the lake was a natural boundary. City Administrator Larson indicated the City has a grant to be used to study downtown and this was precipitated by the County Road project and a request of some residents to consider this. Page 2 of 8 Planning& Zoning Commission May 3, 2005 Meeting Minutes Lee L’Allier of 1971 Main Street indicated there are six lots down in their area and the residents are in agreement to request rezoning to commercial. Lynae Marshall of 1580 Sorel Street and her husband Eric indicated that they live on the lake and want to state that they are concerned about a potential change to commercial as that could increase taxes. Chair Hanson said he could not foresee going commercial around the lake. He then said that he is not comfortable with M1 around the lake either. Commissioner Klennert Hunt indicated it was not the City’s intent to have it rezoned but wanted to notice it to get as muchinput from residents as possible. There was consensus that there would be no rezoning around the lake area at this time. Paul Steffel of 1709 Main Street asked for the definition of downtown. City Administrator Larson explained that downtown seems to include four square blocks of M1 zoning. Mr. Stoeffel indicated he received maps and literature that indicated that the north side was zoned M1 but he has heard that is not true now. He then said they bought with the understanding that they were M1 and had approval from building inspector based on M1 requirements. City Administrator Larson indicated that there has been some inconsistency and the most conservative approach is that there are four blocks. He then said that the County could buy part of the property and not have to buy the whole thing because there are no setbacks in M1. Steve King of 1724 Sorel asked how being rezoned to commercial would impact his taxes and how it would affect the noise ordinance. Chair Hanson indicated the noise requirement remains the same and follows the ordinance. Al LaMotte of 1643 Heritage Street asked if the rezone would immediately affect taxes or whether the taxes are based on the current use. Christina Gotlieb of 7156 Grangeview indicated she abuts the wooded lot and asked what the setbacks for commercial would be. Chair Hanson reviewed the setbacks for commercial. Tom Dupre of 1781 Main Street indicated he owns the wooded lot and would like to know the proposed rezoning for it. Page 3 of 8 Planning& Zoning Commission May 3, 2005 Meeting Minutes Chair Hanson indicated it could be potentially rezoned to M1 but he would want to wait and see what happens with CSAH 14. Linda Paulsen of 1764 Main Street commented that putting those on Main Street into M1 they can take the property and leave with no setbacks but if it stays residential then the County would have to buy them out. City Administrator Larson indicated that depending upon the amount of land the County would be taking if that would make the lot nonconforming they would most likely have to buy it. Commissioner Hanzal asked how to handle the request of the residents to the south. Council Liaison Capra indicated she had no issue with rezoning the south side but questions the north side. Chair Hanson indicated he would like to wait for the County to come through and then consider which areas to rezone. Dave Fisher of 7072 Centerville Road asked why this is affecting him if CSAH 14 is a block away from him. Lee L’Allier indicated there are six lots on the north side and one lot on the south side and asked if the Commission plans on makinga decision on that because the rezoning would be to the advantage of residents. Lee L’Allier indicated that the County bought right of way half way up their yard years ago by doing it wider and the median there makes the property worthless. Commissioner Wood agreed that those six houses are in a special spot along with the one across the street by Corner Express he would like to now rather than later. He then said it is separated from the rest of the properties. Commissioner Wright agreed with him. David West of 1824 Main Street indicated that he does not want to be rezoned as he does not see the advantage to do it now and there are possible disadvantages. Troy Thompson of 1862 Main Street indicated that they have been trying to sell their home but because of the impending road construction it has been difficult. He then said that they may have a better chance of selling it if it were zoned commercial. Council Liaison Capra commented that those lots are not going to change with the road. Commissioner Love asked what the main drawback is from rezoning now. Page 4 of 8 Planning& Zoning Commission May 3, 2005 Meeting Minutes Commissioner Hanzal asked if there were any buyouts west of City Hall on the south side. Council Liaison Capra indicated that there is only one by the pond that is severely affected. Commissioner Love indicated that if this was his property he would like to have the option before construction and not have to go through it and then be stuck. David West of 1824 Main Street indicated that once the curbing is in place and everyone knows where the road is going he would be more amenable to a zoning change but right now he is unsure as to how this will affect him. Eric Marshall of 1580 Sorel Street indicated that commercial lot width minimums are bigger than residential and asked whether there would be special circumstances to allow commercial on narrower lots. Staff explained that a developer may need to purchase more than one lot to meet the commercial requirements. Linda Paulsen of 1764 Main Street indicated she would rather have her property zoned commercial if she cannot stay residential because she is not interested in M1. Stacy Witner of 7542 Peltier Lake Drive asked what the plan for the rental homes on the lake is. Mr. Fisher of 7072 Centerville Road asked what developers have talked to the City already. City Administrator Larson indicated there are at least three legitimately looking for redevelopment opportunities but he is not at liberty to discuss who they are at this time. He then said they are looking in the downtown area within two blocks either side of Centerville Road. A resident asked about the plan for downtown. Council Liaison Capra indicated there is a grant and the City pitched in for a total of $85,000 that is being used for a study to determine how to redevelop downtown. Council Liaison Capra indicated that there are developers coming all the time but until a formal plan is submitted then there is nothing to disclose. City Administrator Larson indicated that there are three parts of planning first is utility and infrastructure issues then water and sewer and then they would begin looking at a Page 5 of 8 Planning& Zoning Commission May 3, 2005 Meeting Minutes market for the community and surrounding area for downtown area and third is design theme what the City wants the downtown to look like. Motion by Commissioner Klennert Hunt, seconded by Commissioner Wood to close the public hearing. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:40 p.m. Commissioner Klennert Hunt indicated she believes that the City should rezone the 6 properties along 20th and Main Street and she feels it is important to do so when there is consensus of the neighborhood. Commissioner Wood agreed that there are special circumstances with those properties and he agrees they should be rezoned at this time. Commissioner Love said he would like to look at the one directly west of City Hall as well. Commissioner Wood agreed. Commissioner Klennert Hunt indicated that property is not being impacted by Main Street at all. She then said that she does not see business going in that location and, if she were a neighbor, she would want it to remain residential. The Commission discussed commercial versus a rezoning to M1 and agreed to commercial. Chair Hanson indicated he was apprehensive going with B1 and the residents are not all in agreement so he would like to wait until there is consensus. Motion by Commissioner Klennert Hunt, seconded by Commissioner Love to th rezone the seven (7) properties close to 20 Avenue and Main Street. All in favor. Motion carried unanimously. City Administrator Larson asked for a motionto identify the four block area as M1 district. Motion by Commissioner Wood, seconded by Commissioner Hanzal to identify the four blocks as M1 as recommended by Staff excluding all properties of St. Genevieve Church. All in favor. Motion carried unanimously. IV. OLD BUSINESS 1.Ordinance #13 – Memo Fees There are no changes needed at this time. Page 6 of 8 Planning& Zoning Commission May 3, 2005 Meeting Minutes 2.Shoreland Ordinance City Administrator Larson asked that this matter be tabled to allow Staff more time to review it. 3.Church of St. Genevieve – Site Plan Review Mr. Wilharber, acting as Trustee of the Church, provided an overview of the site plan and history of the Church. Pat McGuire, architect for the plan provided site plan information to the Commission. Chair Hanson asked whether the pond would be fenced to keep the kids out. Mr. Wilharber indicated they had not planned to do so. Council Liaison Capra indicated that the City does not require drainage ponds to be fenced. She then explained that Park and Recreation is interested in trail easements along the church property to connect to the City’s park. Mr. Wilharber indicated that there is no park dedication required for this project but indicated the Church would more than likely consider granting the easements. City Administrator Larson asked the Planning Commission to review and consider the landscape plan for the site as it does not meet the City’s requirements. Mr. McGuire explained that strict adherence to the City’s Code would require 220 trees and noted that the Church is phasing this development and does not want to plant trees only to have to tear them out during the next phase of construction. Motion by Commissioner Klennert Hunt, seconded by Commissioner Wood to recommend approval of the Site Plan and accept the landscaping plan as proposed. All in favor. Motion carried unanimously. Motion by Commissioner Wood, seconded by Commissioner Klennert Hunt to recommend amendment of the Comprehensive Plan for the rezoning previously approved. All in favor. Motion carried unanimously. Motion by Commissioner Hanzal, seconded by Commissioner Wood to direct Staff to schedule a public hearing to amend the Comprehensive Plan to match the Zoning Map. All in favor. Motion carried unanimously. V. NEW BUSINESS 1. Letter of Interest Mark Pangell Page 7 of 8 Planning& Zoning Commission May 3, 2005 Meeting Minutes Mr. Pangell introduced himself to the Commission and provided a brief overview of his background. Motion by Commissioner Hanzal, seconded by Commissioner Wright, to recommend Mark Pangell be appointed to the Planning and Zoning Commission. All in favor. Motion carried unanimously. VI. DISCUSSIONITEMS City Administrator Larson provided information on an Ordinance to regulate ponding as an accessory use not allowed for uses not located in the City. The Commission agreed. Motion by Commissioner Wood, seconded by Commissioner Love to direct Staff to schedule a public hearing to consider the Ordinance. All in favor. Motion carried unanimously. VII.CONSIDERATION OF MINUTES 1. April 5, 2005 Planning and Zoning Meeting Minutes Motion by Commissioner Hunt, seconded by Commissioner Wood to approve the Minutes of April 5, 2005, as presented. All in favor. Motion carried unanimously. Chair Hanson abstained from voting as he was not in attendance. VIII. ADJOURNMENT Motion by Commissioner Hanzal, seconded by Commissioner Klennert Hunt to Adjourn the May 3, 2005 Planning Commission Meeting at 9:05 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of 8