Loading...
HomeMy WebLinkAbout1998-06-02 P & Z . . . . . . ~.." . ; t'J CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JUNE 2, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its meeting and several public hearings on June 3, 1998, at City Hall, 1880 Main Street. ;:"- PRESENT: Chairperson Kathy W elk Commission Members: Linda Broussard-Vickers John Buckbee ABSENT: Commission Member AI LaMotte STAFF: Jim March, City Administrator Ry-Chel Gaustad, City Clerk Paul Patzer, Building OfficiaIlPublic Works Director David Nyberg, City Engineer Phil Bergem, P .E. Engineer ****************************************************************************** Roll Call Chair Welk called the June 2, 1998 Planning and Zoning Commission meeting to order at 7:05 p.m. PUBLIC HEARINGS Lessard Rezone Request Mr. Willy Lessard (21080 Floral Bay, Forest Lake, Minnesota) addressed the Commission and requested the property at 7005 20th Avenue be rezoned from residential to commercial. Mr. Lessard explained in the past, the property was zoned and taxed commercially. However, recently the City changed the zoning from commercial to residential. Unfortunately, Mr. Lessard was unaware of the zoning change, therefore, he is requesting the property be rezoned back to commercial. Mr. Lessard further explained his intent is to focus on attracting good businesses in the commercial area. Mr. Ronald Lenz (7008 Brian Drive) stated, he and his family moved from St. Paul to Centerville for the peace and quite. Mr. Lenz read aloud a poem. In summary, the natural woods and its habitat are beautiful, so please don't forget about the little chipmunks and birds when considering to develop this property. 1 l> < . ..... . . . , ) Mr. Lessard said he appreciated the citizens' interest in nature and noted the property was classified commercial prior the Clearwater Meadows Development and the property will be developed. Mr. Michael Hunter (1917 Center Street) stated he has an investment to protect. The value of his property will decrease if commercial businesses are built behind his home. Ms. Maureen Wilson (7094 Brian Drive) stressed the through street connecting Brian Drive to 20th Avenue will increase traffic and the possibility of children getting hit by a vehicle. Mr. Lessard proposed to install a collector street to have the businesses access 20th Avenue and then eliminate a through road to 20th Avenue. Mr. Donald Moe (New resident on Brian Court) shared him and his family moved two blocks to stay in Centerville. However, had the property behind his lot been zoned commercially, he would not have purchase the lot. In addition, he supported single family homes for the safety and welfare of the community. Also, the property value will be consistent and the area will be more esthetically pleasing to have his property abut residential homes rather than commercial businesses. Ms. Darlene Kurshener (7005 Brian Drive) commented had she knew this property may be rezoned commercial, she would not have purchased her house. Mr. Tim Pelican (1889 Center Street) commented, he and his family moved to Centerville two weeks ago to raise their children in a good community away from commercial businesses. Furthermore, he is opposed to the rezoning request and he believes the streets would be safer without commercial businesses located in the proposed area. Mr. Brad Hanggi (7003 Brian Drive) stated the existing houses on Brian Drive and Brian Court account for approximately twenty children and safety should be a city concern. Mr. Paul Gordy (6936 Ivy Court) moved to the city seven years ago, because of the peace and quite. Although, Mr. Lessard may lose money, if the property is not rezoned to commercial, however, the current residents will lose money. Mr. David Luke (7026 Brain Court) noted that recently he and his'family moved from Peltier Lake Drive to Clearwater Meadows for the natural surroundings. Now, he may be looking out his back window at a commercial district. In addition, why should the residents' pay for the City's lack of planning. Mr. Brain Hoffman (1949 Center Street) said, whether it is commercial or residential the City should be aware that all the water from the twenty-acre parcel drains into the small pond behind lot 21, of Center Oaks development and it should be addressed. 2 r~ ~ Mr. Lessard comment there is an engineering study in progress to address drainage. Mr. Lessard added, the bulk of the City's tax burden is placed on businesses, therefore, the commercial district is a benefit to the City. Furthermore, Mr. Lessard would not propose anything that would be detrimental to the surrounding properties. The new businesses would be well designed with good commercial buildings to blend with the residential area. . Mr. fun March (7147 Brian Way) addressed several concerns that arose. Mr. March stressed any property owner can make a request to the city and the request must be addressed by the City. Therefore, the city is not endorsing the rezone request. Also, the City publishes public hearings and notifies all residents within 350' of the property in question. Therefore, some residents may not have been notified because their property is too far a distance from the proposed property. The City is governed by the people, and comments and concerns are taken into consideration. However, the City will do what is best for the City has a whole. Finally, the developments of Clearwater Meadows and Eagle Pass were designed by the City to connect Eagle Trail and Brain Drive. Mr. Buckbee questioned Staff if the last comprehensive plan indicated the twenty-acre parcel was zoned commercial. Chair Welk noted receipt of three letters received from the Kurshener family (7005 Brian Drive), Carter family (6944 Ivy Court), Johnson family (7017 Brian Drive), and the Lenz family (7008 Brian Drive) (please see attached). Mr. Buckbee moved to a<ljourn this section of the public hearing at 7:45 p.m. Ms. Broussard- Vickers seconded the motion. Motion carried unanimously. Terminal Transport -Special Use Permit Mr. Brent Coatney and Mr. John Snyder gave a presentation on Terminal Transports concept and landscaping plan. The building will be approximately 14,000 square feet and will sit on 6.75 acres. Terminal Transport Developer plans are to break ground for the new building on June 15, and open for business in September of 1998. Mr. March clearly stated the certificate of occupancy will not be issued until the utilities are available and operational. I Ms. Nonna Nadeau (6644 20th Avenue, Lino Lakes) questioned the business owners if their entrance will be from 20th Avenue or Cedar Street. Mr. Snyder confirmed the business will have access onto 20th Avenue. Mr. March reported the property is industrially zoned and the lot size is similar to Northern Forest Product's lot size. Mr. Brian Hanson (1950 Center Street) said, the semi traffic has increased on 20th Avenue which 3 ., . ' .. ~ has caused an increase in noise and pot holes. Mr. Coatney explained the business will be used for central dispatch and a semi truck maintenance service center. Moreover, the semi truck traffic will consist of one to ten trucks daily, and central dispatch hours will be from 6:00 a.m. to 11 :00 p.m. Mr. Michael Hunter (1917 Center Street) stated it appears the City ofCenterville is becoming a business community and then the City will not be a quite community. Mr. Pete Nadeau (6644 20th Avenue, Lino Lakes) suggested the semi truck traffic be directed east on Ceder Street to eliminate 20th Avenue traffic. Mr. Buckbee suggested the developer screen the businesses from the residential district along Cedar Street in Lino Lakes. Mr. Joe Ulrich (7055 Cottonwood Court) commented additional office/ warehouse space will be good for the community tax base. Mr. Buckbee moved to close the Terminal Transport Special Use Permit public hearing. Ms. Broussard-Vickers seconded the motion. Motion carried unanimously. Continuation of Ordinance #44A - Building Construction Chair Welk read aloud ordinance #44A - building construction and its proposed amendments. Ms. Broussard-Vickers moved to close the Ordinance #44A - Building Construction public hearing. Mr. Buckbee seconded the motion. Motion carried unanimously. Continuation of Joyce Stevens (Greene) Lot Split Request Ms. Broussard-Vickers moved to close the Joyce Stevens (Greene) lot split public hearing. Mr. Buckbee seconded the motion. Motion carried unanimously. APPEARANCES Mr. John Snyder Site Plan for Terminal Transport Mr. Snyder approached the Planning Commission and requested approval of the Terminal Transport site plan. Mr. March suggested revising the special use permit (sup) and require a shield between Terminal Transport and the Cedar Street residences~ Ms. Broussard-Vickers confirmed the building size and setbacks are in compliance with the city code. Mr. Phil Bergum addressed right-of-way (ROW) concerns referred to in a letter dated June 2, 1998. The engineering firm recommended implementing a 33' ROW based on the center line. Likewise, Mr. Bergum suggested the Commission consider permitting the parking lot encroach on the drainage easement to assist in drainage. 4 r . ~ \ ...... . . " Chair Welk questioned the engineering staff in regards to the future expansion along the east side of the property. Mr. Bergum noted the proposed parking lot allows for extra water storage. Mr. March reported a pond is to be constructed north of the site. Mr. Nyberg commented the pond plans are being prepared, however, Mr. Rehbein will propose a comprehensive drainage plan for the 40-acre industrial property. Mr. Buckbee questioned the engineers if the 40-acre grading plan concept is conducive to Terminal Transports grading plans. Mr. Snyder replied Rice Creek Watershed District (RCWD) approved Terminal Transports grading plans. Ms. Brossard-Vickers confirmed with Staff the sup is compatible with contiguous properties, and that 20th Avenue is able to handle the increased semi truck traffic. In the like manner, Ms. Brossard-Vickers inquired about Anoka County's comments in regard to 20th Avenue access. Mr. March stated 20th Avenue is maintained by Anoka County. Also, Anoka County requested entrances accessing onto 20th Avenue are not within 200' of the intersection of 20th Avenue and Cedar Street. The proposed entrance complies with Anoka County Highway Departments requirements. Mr. March reiterated the sup addresses the fact that no utilities are at the property and no operation will be permitted until utilities are available to the property. Mr. Nadeau hoped the City will restrict noise from the trucks and maintenance shop. Mr. March explained the City has a noise ordinance. Ms. Brossard-Vickers moved to grant the SQp contingent upon the drain~e concerns be addressed and no Qperations take place at the site until utilities are available. Also, that there is no access from this building. to Cedar Street in the future, and the Commission approves the site plan as submitted, contingent upon the City Engineer's awroval. Mr. Buckbee seconded the motion. Motion carried unanimously. Dick Travis - Sketch Plan for Moore Properties (7305 &7353 20th Avenue North) Mr. Dick Travis (7264 Twin Lakes) briefed the Commission on a proposed sketch plan with six lots, and one 10-acre outlot, on a 20-acre parcel and he requested the Commissions consideration for sketch plan approval. Mr. Travis planned to independently finance the utility improvements. Incidentally, a trail easement is proposed to access the park and additional park fees will be in lieu of park land. . Mr. March reported due to an abandoned house east of the proposed development, the sketch plan is not in compliance with city ordinances. The ordinance states a septic system is allowed on a minimall O-acre parcel. The proposed development will cause too many structures on the south 20-acre parcel. Mr. Travis replied the existing house will either be demolished or relocated. Chair Welk confirmed the property is within the MUSA. Mr. March said it is unlikely the utility line will serve the east property because of the wetlands. Mr. Nyberg explained that a shallow, 10" line is located south east on 20th Avenue. Moreover, the utility connections will have to be 5 , . . r . '. . . '. further investigated. Chair Welk confirmed the proposed lots conform with the RS zoning, 17,000 square feet requirements. Ms. Brossard-Vickers suggested the Travis family return with a more defined plan and the further suggested they request to rezone the property from Rl to RS. Mr. March noted the City will work with the Travis family to develop the developer's agreement, streets, curb, gutters and utility plans and specifications. Mr. Buckbee moved to recommend to the Council the property be developed as an R5 zoning district. Ms. Brossard-Vickers seconded the motion. Motion carried unanimously. Husnik Homes - Sketch Plan for Property North of Main Street Mr. Paul Husnik (2640 Westergreen, White Bear Lake) presented a sketch plan for the property on the north east comer of Main Street and Peterson Trail. The proposed building will consist of a couple retail units with rear delivery truck access. Mr. Husnik hoped the building will be constructed and ready for occupancy fall of 1998. Ms. Broussard-Vickers confirmed the first of two driveways is located 90' from County Road 14. Mr. March noted the building is proposed to be of brick construction and encroaches 10' within the drainage easement. Ms. Broussard-Vickers said the building meets with the B 1 (commercial) requirements. However, four thousand square feet buildings are identified within the light industrial zoning district. Therefore, Mr. Husnik may need to redesign the building or request a variance for the building square footage. Mr. Nyberg explained the building is proposed to encroach on the drainage easement. However, there may be room on the east side of the property to create a deep swale so the drainage would not be hindered. Greg Watson - Starfire Gymnastics (Vacant property south of Eagle Trucking) Mr. Watson (Senior Project Manager) addressed the Planning Commission and gave an overview of the proposed building construction and the site plan for a gymnastics facility. The 15,000 sq. ft. gymnasium is proposed to be located on Clearwater Meadows outlot C. The facility will be used as a modified day care, dance studio and gymnastic training location. The owners plan to hold summer camp and Special Olympics at the proposed site. . Mr. Buckbee questioned the project manager as to the height of the building. Mr. Watson said the height is proposed at 21'. Mr. March noted the ordinance allows a maximum of35'. Ms. Broussard-Vickers questioned the engineer about the drainage concept. Mr. Nyberg explained the drainage from the rear parking lot will drain into the creek. In addition, Mr. Nyberg suggested extending the berm to buffer the residents from the commercial property. Ms. Tina Riehle (7044 Cottonwood Court) felt concerned about the drainage because water 6 t1' . ." ' \.' . ,. . collects on the property and then the overflow drains onto her property. Ms. Pam Neulkenes (7054 Cottonwood Court) asked what guarantees do the property owners have that in the future the gymnasium will not be converted into an industrial building. The Commission replied there are no guarantees. Mr. Watson stressed a desire to obtain a building permit to ensure the business will be in operation by September 1998. Mr. Buckbee moved to recommend to the Council that the Planning and Zoning Commission recommend Starfire Gymnastics be permitted within the uses of that district and that they may proceed without a public hearing for a liPecial use permit. Motion seconded by Ms. Broussard- Vickers. Motion carried unanimously. Ms. Broussard-Vickers moved to recommend the preliminm::y sketch plan is approved with special attention to landscaping (to mitigate the west side of the property) and suggested the engineer work with the drainaBe issue. Motion seconded by Mr. Buckbee. Motion carried unanimously. Action on Lessard Rezone Request The Commission discussed the Lessard rezone request. Mr. Buckbee commented traffic will increase with more homes and suggested leaving the property zoned, as is, commercial and residential. Mr. Lessard explained a blend of doctor offices, dentist offices' and/or business offices will make a nice transition between the residential and commercial zones. Mr. Buckbee suggested Mr. Lessard return to the Commission with an idea of how he would like the property to develop. Ms. Broussard-Vickers commented she would like to research the legal guidelines and explore why and how the property was and is zoned. Mr. Lessard stated he will sign a 60-day rezone waiver form. Mr. Nyberg commented Eagle Pass is a PUD (planned Unit Development) and suggested Lake Area Utilities land be developed as a PUD. Furthermore, the City's intention is to connect Eagle Trail to Brain Drive. Mr. Buckbee moved to table the Lessard rezone reQ-uest until the July 7. 1998 Planning Commission meeting and to direct staff to renotifY the surrounding prQPerty owners the issues will be revisited. Motion seconded by Ms. Broussard-Vickers. Motion carried unanimously. , Action of Stevens (Greene) Lot Split Request Mr. March briefed the Commission on flood plain regulations pertaining to Stevens lot split request. Mr. March discussed City ordinance #33 - Flood Plain~ in summary, a structure cannot be built within the flood way. Mr. Patzer reported the state law states, in order to approve a lot split within the flood way the site must provide a building site outside of the flood way. Mr. March said the proposed lot will not have an area for constructing a building outside of the flood way. In any case, the city has authority to grant a variance to its own ordinance, but not to state 7 laws. However, the property owner can apply for an amendment to FEMA for a map amendment. The City is restricted and cannot approve a lot split based on the information presented. Ms. Broussard-Vickers moved to deny the lot &plit based on the facts presented by the Building Official that the City cannot grant a variance to the state laws. Also, advise the pro.,perty owner to apply for a letter of map revision from FEMA.. in order to request a lot ~plit in the future. Motion seconded by Mr. Buckbee. Motion carried unanimously. Mr. Buckbee moved to table evex:ythin.g remaining on the agenda. Ms. Broussard-Vickers seconded the motion. Motion carried unanimously. Mr. Buckbee moved to adjourn the June 2. 1998 Planning and Zoning meeting. Ms. Broussard- Vickers seconded the motion. Motion carried unanimously. The Planning Commission meeting adjourned at 10:40 p.m. Respectfully Submitted, Ry-Chel Gaustad, CMC City Clerk 8 '" ... ' '\.. . . . . " . t . , . From: Mr. & Mrs. Johnson 7017 Brian Drive Centerville, MN 55038 MAY 2 1 f99r To: Ci~ofCemenrille Planning and Zoning Commission 1880 Main Street Centenrille, MN 55038 RE: PROPOSED REZONING OF R23-31-22-41-0003- THAT PRT OF THE E1/2 OF THE N1/2 FO THE N1/2 OF THE SE 1/4 FO SEC 23 TWP 31N. .R23-31-22-41-0004- THE N 330 FT OF THE E1/2 OF THE N1/2 OF THE SE 1/4 OF SEC 23 TWP 31N. The rezoning of this property from R2 to B 1 would be inappropriate and irresponsible. The job of the Ci~ Planning and Zoning Commission is to maintain the integri~ of the Ci~ and its residents by making decisions that will benefit the C~ and it's residents. The reason that this property is currently zoned R2 is because 100's of families and thousands of children surround this property. The people that currently built houses in this neighborhood and long standing tax payers of this ci~ moved here to get away from bright lights and commercial sites ~ical of the inner~. There are many more appropriate settings in the Ci~ ofCenterville for commercial property. Make the..risb1.decision and vote against this proposal. We are prepared to use any legal means as necessary to stop this proposed rezoning. Lets not make a mountain out of a molehill and stop this proposal swiftly. Sincerely, . . . " . . . L , May 25, 1998 City of Centerville 1880 Main St. Centerville, Mn. 55038 City of Centerville Planning and Zoning Commission, This letter is in response to the rezoning ofR23-31-41-003 & R23-31-22-41-0004 etc or locally known as Lake Area Utilities Cont. Inc. My husband and myself are urging the Zoning Commission to keep the above said property as residential. We live in a new home that borders this property. We have only lived here for the past six months. We chose this property for the obvious reasons, which do not include commercial property right next door. We called the city before purchasing this lot and were told there were no plans for that particular property. Now we come to find out that you want to put commercial property right next door to my new home!!!! That is ridicules!!!! ! We expected that at some point there would be another home built next to ours, although we were hoping for a park or refuse for the wild life. Had we known your intentions we would have chose to build elsewhere. We have spent a lot of time and money on our new home. We do not intend to have the value of our new home depreciate and that is what will happen. Our family moved here from the city to have peace and quiet not a business next door. Then there is the issue of safety and security in our neighborhood. The street we live on is a dead end. We have many small children and we are very concerned about the increased traffic. Also this piece of land is home to many of the wildlife in the area. We look out the window and see deer in our backyard and ducks swimming in the pond. Maybe we should think of preserving some of this. We will fight to keep this from becoming a reality. Our home and our new way of life are at stake. We will attend your meeting on June 2nd to show our support to veto this outrageous proposal. Sincerely, ~~1?l. Georgine & Robert Kurschner 7005 Brian Dr. Centerville, MN. 55038 . ~ . " to 1'\, . , . ., MAY 1 9 1998 Concerning the proposed zoning change for property just south of 7008 Brian dr., please don't! I feel very strongly about living next to any commercial enterprise. My wife and I left the city of St. Paul a year and one half ago for some peace and quiet, after retiring from the Fire Department. So again, PLEASE RETAIN THE PRESENT RESIDENTIAL ZONING. Respectfully, Ronald and Mary Ann Lenz 7008 Brian DR. Centerville qM1d. fI 7f'-y4-v J{7