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Home My WebLink About1999-03-02 P & Z . , . . APPRo'~ f f:tJ . CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION WORKSHOP AND MEETING TUESDAY, MARCH 2, 1999 Pursuant to due call and notice thereot: the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting and a workshop with the City Council on Tuesday, March 2, 1999, at City Hall, 1880 Main Street. PRESENT: Chairwoman Kathy Welk Commission Members Linda Broussard Vickers John Buckbee Mr. LaMotte LaMotte Brian Hanson Mayor Tom W1Iharber Councilmember Theresa Brenner Councilmember Marl Nelson ABSENT: None STAFFI CONSULTANTS: fun March, City Administrator Ry-Chel Gaustad, City Clerk Paul Patzer, Public WorkslBuilding Inspector Dean Johnson (Resource Strategies) ***************************************************************************** Chair Welk opened the workshop at 6: 10 p.m. Ms. Gaustad reported that Mr. Dean Johnson from Resource Strategies was present to discuss Ordinance #4 and establishing zoning regulations and land use issues for the City of Centerville. Mr. Johnson explained the purpose of revising the ordinance is to include amendments and to allow the ordinance to be more readable and "user fiiendly." Moreover, the contents of the ordinance encompasses; general provisions, zoning districts/use regulations/performance standards, administration and enforcement. Major point: Conditional Use Permits omitted and replaced with '1nterim Use" which allows a use within a time frame; however, the Commission must identify "Interim Uses." Ms. Broussard Vickers questioned the possibility to place a moratorium on zoning changes, and building changes, until the ordinance is complete. Mr. Johnson explained that a moratorium does not require a public hearing if the City requests a delay in zoning and building construction until 1 . . the zoning ordinance is in place. Moreover, conflicting verbiage in the past ordimplce on variance - when the Council makes a decision on a variance the only repeal made will be at the court level. However, the ordinance can reflect that Council will hear repeals. Ms. Broussard Vickers questioned if the City should place the philosophy "Small Town Atmosphere" in the body of the ordinance. Mr. Johnson commented the ordinance will outline that theme through factual items. Mr. March questioned the approach the city should consider if a rezone or building change request is submitted. Mr. Johnson suggested the Commission work on the updated draft Ordinance #4. Motion by Mr. Buckbee, seconded by Ms. Broussard Vickers to adjourn the workshop meeting at 7:05 p.m. PVBLIC HEARING (S) A. Variance Request - Hanson (7149 Brian Drive) Mr. Eric Hanson requested the Commission to grant a variance for a three foot easement encroachment in order to build an addition. The Hanson's answered the Commission question that the situation is not unique and it doesn't have special conditions or circumstances that surround the reasoning behind the request. Ms. Broussard Vickers specifica11y questioned if without the request the Hanson family would be deprived of rights commonly enjoyed by other property owners. Ms. JoDi Hanson said "No, that they are not being deprived of rights commonly enjoyed by other property owners." Ms. Broussard Vickers noted that Ordinance #4, Section 65. 03-1 (Special conditions and circumstances exist which are peculiar to the land, structure or building involved and do not result from the actions of the petitioner.) Ms. JoDi Hanson explained that there are no special or peculiar circumstances that surrounds the request. Mr. Buckbee questioned if the Hanson house could expand the addition to the west (rear yard) Mr. Hanson explained that there is a 12 X 24 screened porch that limits the addition possibilities. Motion by Broussard-Vickers, seconded by Mr. LaMotte to close at 7:20 p.m. B. Variance Request - Vesel (70S5-21st Street) Motion by Broussard Vickers, seconded by Mr. Buckbee to close the Pubic Hearing. Motion carried unanimously. C. Variance Request - Wolf Ms. Welk opened the meeting by explaining that Mr. Wolf addressed the Commission during the 2 . . last meeting and had requested to construct an accessory building in his side (rear) yard. Mr. Wolf expressed the desire to construct an accessory building as soon as poSSIble. Mr. Craig Kurtis (1902 Center Street) expressed concern that the building will be closer to his structure than Mr. Wolfs house. Mr. Michael Carter (6173 Sumac Court) stated that he has no problem with Mr. Wolf constructing an accessory building (See attached letter). Hearing no further comments the Commission took the fonowing action: Motion by LaMotte, Mr. Broussard Vickers seconded by Mr. Buckbee to close the public hearing. Motion carried IJnanimously. D. Rezone Request - Rehbein (Property East ofWUlow Glen) Ms. Gaustad gave a brief overview of the proposed request to rezone the property east of Willow Glen town home development. Mr. Rehbein explained the property zoned commercial is surrounded by commercial properties and requested the rezone be granted. Mr. Buckbee questioned the road and traffic circulation. Mr. Dale Rukel (Bright Keys) is looking to expand and the property assist the process. Willow Glen's (Sales and Marketing Manager) noted that 55 of62 existing property owners have signed a petition requesting the City change the zoning status from commercial to residential. Ms. Debra Kopp (2055 Willow Circle) voiced concern about high density and the possibilities of the town homes developing like Willow Glen. Ms. Norma Essix (7333 Old Mill Road) commented that the city needs the Commercial tax base. Mr. Hanson questioned the traffic stress on Main Street. Mr. Rehbein commented Anoka County has restricted access onto Main Street. Motion by Ms. Broussard Vickers seconded by Mr. Hanson to close the public hearing. Motion carried una.nimously. APPEARANCE (8) ACTION ITEMS A. Action on Variance Request - Hanson Chair Welk noted receipt of a letter indicating consent to the variance request which is signed by two property owners. 3 . . Ms. Broussard Vickers mentioned the Planning and Zoning commission's requirem_ to grant a variance and the situation is not unique. Therefore, she did not recomm~d granting the variance. Motion by Broussard Vickers, seconded by Mr. Buckbee to deny the variance request based on the ordinance requirements outlined in Section 65.03-1. Motion canied lInanimously. B. Action on Variance Request - Vesel Ms. Gaustad distributed pictures of the proposed structure. Motion by Ms. Broussard Vickers, seconded by Mr. Buckbee to recommend to the Council to deny the variance request based on the fact that it does not conform to the requirements of the ordinance and violates Ordinance #4, buildin~ material as well as the building is within the right- of-way. Motion carried unanimously. c. Action on Variance Request - Wolf Ms. Broussard Vickers explained that there are too many issues to discuss; side yard, rear yard, size of building, etc. In short, Ms. Broussard suggested waiting until the ordinance is in place. Motion by Broussard Vickers, seconded by Mr. Buckbee to table this request until the May meeting - due to new ordinance consideration. Motion canied unanimously. D. Rezone Request - Rehbein (Property East of Willow Glen) Ms. Gaustad distributed a letter that the City received that is in favor of the rezone request. Chair Welk noted receipt of the letter. Ms. Broussard Vickers inquired about the comparisons in tax base between commercial or residential. Mr. Rehbein stated that the residential zoning will benefit the tax base more than commercial. The Commercial tax will not go into effect until after the buildings are constructed and taxed. Ms. Broussard Vickers questioned if the Met Council will have concerns with a rezone change. Mr. March felt that Met Council may have more concerns with providing utilities than the rezone. Ms. Jenny Gilmore (2031 Willow Glen) would rather see residential zoning than commercial. Councilmember Ms. Marl Nelson said that she would rather have the property zoned commercial instead of residential. Chair Welk questioned the traffic circulation and potential traffic congestion concerns. A gentleman ftom (2005 Willow Glen) will increase his property value and strongly urged the Commission to consider authorizing residential zoning. 4 , . Mr. Brett Baily (2037 Willow Circle) said he would rather see the rezone approved than leave it commercial. Motion by Mr. Buckbee, seconded by LaMotte to table the rezone contingent upon Mr. Rehbein signing a 45 day waiver and that Staff report the tax difference between commercial and residential. Motion carried unanimously. DISCUSSION ITEMS A. Subdivision Sketch Plan - Mr. Gerald ~hbein The Commission discussed the 15 parcel subdivision sketch for R5 homes. The Commission acknowledged that the cul-de-sac should be placed at the end of the road, 5 variances for lot size and lot width. Mr. Rehbein commented that a sound drainage plan would require the row of trees to be removed. Ms. Broussard Vickers recalled the City granted variances for the Lessard development and may be permissible with the peculiar wetland issues. Mr. Wayne LaBlanc (1677 Peltier Lake) would prefer Mr. Rehbein attempt to meet with the R5 requirements. The Commission discussed in great length PUD (planned Unit Development) and its requirements. The Commission requested staff seek legal guidance as to whether or not a variance takes precedence over a PUD. Motion by Ms. Broussard Vickers, seconded Mr. Buckbee to direct staff to contact the attorney and receive input in regards to whether a variance or a PUD, and to work with the developer on the best way to address the wetland issues. Motion carried 11nanimously. B. Consider audiolvideo taping meeting Ms. Gaustad reported the Council requested the Commission consider audio or video taping meetings for reference purposes. Motion by Broussard Vickers, seconded by Mr. Buckbee to approve that the Commission meetings be audio taped. Motion carried Q.nanimously. C. Land Use Planning Workshop Ms. Broussard Vickers and Mr. Brian Hanson noted interest in attending the workshop. D. Review Proposed Ordinances: 151. Flood Damage Prevention 152. Mobile Home Parks 5 ", E. Consider Amendment to Ordinance #S Discharge of Firearms - Tabled Motion by Broussard Vickers, seconded by Mr. Buckbee to table the proposed ordinance sections. Motion carried unanimously. The Commission requested Staff to contact Mr. Dean Johnson to have a special meeting on a Tuesday and report back to members. F. April Agenda Items Review Proposed Ordinances: 153. Subdivision Regulation 154. Zoning Code Bank: Proposal- Mr. Roger Kolsted G. CitizenlBusiness Penon of the Year Councilmember Nelson distributed and explained the CitizenlBusiness Person of the Year nomination forms. CONSIDERATION OF MINUTES A. August 4, 1998 Planning and Zoning Meeting Minutes Motion by Ms. Broussard Vickers, seconded by Buckbee to approve the August 4, 1998 Planning and Zoning meeting as noted. Hanson abstained. LaMotte - Welk aye. Motion carried. B. September 1, 1998 Planning and Zoning Meeting Minutes Motion by Ms. Broussard Vickers, seconded by Chair Welk to approve with noted changes. LaMotte aye, Hanson, Buckbee - abstain. Motion carried. C. October 6, 1998 Planning and Zoning Meeting Minutes Motion by Chair Welk, seconded by Hanson to approve the October 6, Planning and Zoning meeting minutes. Buckbee, LaMotte aye - Linda Broussard Vickers - abstained. Motion carried. D. January 5, 1999 PlAnning and Zoning Meeting Minutes Motion by Ms. Broussard Vickers seconded by Mr. Buckbee to approve the January 5, 1999 Planning and zoning Meeting minutes. Motion carried 1manilT1ously. E. February 2, 1999 Planning and Zoning Meeting Minutes Motion by Buckbee, seconded by Mr. Hanson to approve the February 2, 1999 Planning 6 and Zoning Meeting Minutes. Ms. Broussard Vickers abstained. Motion carried. ADJOURNMENT Motion by Buckbee, seconded by Mr. LaMotte to adjourn the March 2, 1999 Planmng and Zoning Meeting. Motion carried unanimously. Respectfully Submitted, Ry-Chel Gaustad, CMC " ~r 7