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HomeMy WebLinkAbout1998-05-05 P & Z :..- -~ -- ,\ . 'AF>>PROVl:D CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MAY 5, 1998 Pursuant to due call and notice thereof, the Planning'and Zoning Commission of the City of Centerville held its regularly . scheduled meeting on Tuesday, May 5, 1998, at City .Hall, 1880 Main Street. PRESENT: Chair Kathy Welk Linda Broussard-Vickers John Buckbee ABSENT: Tina Vermeulen Al LaMotte STAFF: Jim March, Administrator Ry-Chel Gaustad, City Clerk Paul Palzer, Public Works Director/Building Official ______________________________________________________-----______0 CALL TO ORDER Chair Kathy Welk called the meeting to order at 7:05 p.m. PUBLIC HEARING (S) Joyce stevens - Lot Split Ms. Joyce Stevens-Green (7007 20th Avenue) briefed the Commission on the reason for a lot split request. Ms. Green explained a business owner voiced an interest in purchasing the pole style building located on her property. The business owner planned to house equipment in the pole building. Furthermore, the business owner is aware the pole building is located within the . floodplain. In addition, the business owner planned to purchase the pole building and house. However, the business owner will not be in a financial position until a later" date. , Ms. Broussard-Vickers questioned the property zoning classification. Mr. March noted the property is in B1 Commercial. Mr. March added, Ordinance #33. FLOOD PLAIN MANAGEMENT ORDINANCE. SECTION 7.0 SUBDIVISIONS states, ~No land shall be subdivided which is held unsuitable by City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lost within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and 1 . . . '. sewage disposal facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than one foot below the Regulatory Flood Protection Elevation." Mr. Palzer added, a property owner can fill the flood plain, but not in the floodway. In addition, each proposed property must have a buildable site, in the case reconstruction is needed. If the current building is 51% destroyed, the proposed lot must have an area outside of the flood way to build another building. The city cannot issue a building permit to reconstruct the existing building if it is destroyed by 51% or more. Chair Welk confirmed the existing building is in the flood way. Public Hearing closed at 7:20 p.m. Mr. Palzer noted city ordinances require new structures be two feet above flood plain elevations. Mr. March said the legal council noted the subdivision can be approved with an approved variance. Mr. Buckbee questioned Staff if the business owner considered purchasing parcel ~A" with parcel ~B." Ms. Green replied selling the property as a whole is too financially restricting for the proposed business owner at this time. . Gerald Rehbein - MUSA Swap Mr. March gave a brief overview of the different MUSA dedicated phases and he noted the request to relocate MUSA from the property on the north east corner of the city to the property located south of Main Street and west of 20th Avenue. Also, Mr. March updated the Commission on the city's Comprehensive Plan and its MUSA designation areas. Mr. March added, the proposed MUSA Swap would afford the city and property owner to develop the strip of land along 20th Avenue. Also, the proposed property is not slated for MUSA until year 2001. Chair Welk inquired about comments from the Metropolitan Council. Mr. March commented the best way to address the MUSA shortage on 20th Avenue is to switch the MUSA properties. Councilmember Helmbrecht questioned Mr. March about requesting a Comprehensive Plan amendment from the Metropolitan Council. Mr. March replied the City is not required to file a formal Comprehensive Plan Amendment. However, the City will need to inform the Council that a ~House Keeping Amendment" will need to be completed. 2 . . Chair Welk questioned the audience for comments in regard to the MUSA request. The Planning Commission heard no comment from the audience. Public Hearing closed at 7:24 p.m. Bill Bisek - Variance Mr. Bill Bisek (7098 Centerville Road) presented a plan to expand Kelly's Korner on the northeast corner of the building. Mr. Bisek noted the expansion will create an ADA entrance into the bar area, provide a larger kitchen and dinning area. Mr. March commented several variances have been issued in the downtown area. This appears to be because of non-conformance issues. Mr. March added, the addition will not be further north than the existing north wall. Ms. Brossard-Vickers questioned setting precedence. Mr. Palzer commented variances can be issued to bring a building to a less non-conforming building. Mr. Buckbee questioned staff if the existing building was destroyed and then rebuilt would the building be within the required set backs. Mr. Palzer noted the County requires a 50' building set back from the center of County Road 14. The Planning Commission suggested waiting until the Design Team reports its findings to the City, prior to approval. Mr. March commented the Design Team will make recommendations to the City on linking trailways, providing downtown access. Chair Welk questioned Staff as to the Design Teams time line to report back to the City. Mr. March commented the Design Team should report back its findings by mid-September. Mr. Buckbee questioned Staff about the County's variance process. Mr. March said Anoka County has plans to widen Main Street. However, it may be in the City's best interest to develop its own way prior to that time. Also, Mr. March understood the city has planting power. Mr. Bisek noted zoning ordinance #4 needed to be changed to address the downtown area because of the unique layout and the age of the buildings. Mr. Buckbee commented the City needs to change the ordinances instead of the City granting variances. Public Hearing closed at 7:42 p.m. 3 . . . . Amendment to Ordinance 44A Chair Welk read aloud the public notice, the current ordinance and the proposed amended ordinance. Mr. March clarified the reason behind the ordinance amendment which was to eliminate pole buildings and address wood frame buildings. Essentially, one building constructed of brick may be worth $800,000 whereas, a building next to it may be constructed with wood frame material and worth $200,000. The taxing capacity is different due to the site and value of the building. Public Hearing closed at 7:46 p.m. APPEARANCES Roger Kolsted - Rezone and Vacate Property South of Main st. Mr. Kolsted reiterated he had met with the Planning Commission in March and his request was denied. Currently, Mr. Kolsted is requesting the Planning Commission to reconsider a bank at Main street and Dupre Road. Furthermore, changes have been implemented to address the citizens' and the Commissions comments from the last hearing. Foremost, a sidewalk can be constructed . from Dupre Road west to Progress Road, then north to Main street. The sidewalk would address school children walking. Mr. Kolsted commented the property owners are willing to. close on the land and commence building in the spring of 1999. Therefore, he requested the Planning Commission table the issue instead of denying the request. Chair Welk addressed traffic exiting onto Dupre Road. Mr. Buckbee noted the property is currently zoned R2 (Single Family Residential) and several new homes have been constructed on the adjacent property. , Mr. March reiterated the city's position on spot zoning and the City's requirement to act on rezoning requests. Furthermore, Mr. March reported the city is in receipt of a 60-day waiver form. Thus, no action is required from the Planning-eommission. , Mr. Jake Shoepe (7084 Dupre Road) stated he was opposed to the bank construction on the corner to the Eagle Pass Development. Mr. Shoepe also had concerns regarding the safety of school children that walk to the elementary school. Chair Welk noted receipt of a letter drafted by the Hammerick family. (Exhibit A) Ms. Roberta Wirth (7065 Eagle Trail) shared a similar situation 4 . ' which occurred in the city of Mahtomedi, and she commented the homeowners are very unhappy with the city's rezoning decision. In addition, the Mahtomedi bank has been held-up for ransom which subjects the neighborhood to violence. . Mr. Marcel Rivard (7022 Progress Road) voiced concern his property may become landlocked if the Clearwater Road is vacated. Mr. Kolsted clarified the vacation of road is from.Main street to Sorel Street. Thus, the property in questioned would not be landlocked. Ms. Peggy Anderson (7082 Progress Road) questioned the Developer who would pay for the sidewalk and its maintenance. Chair Welk noted the city needs to acquire an easement prior to the sidewalk installation. Ms. Linda Paulson (1764 Main Street) commented the bank will not create more traffic than the tree farm generated. Ms. Paulson added, children should not be playing around Main Street area. Mr. Rick Paulson (1764 Main Street) recalled when deer roamed the area. Now, there are townhomes and diesel trucks running. In addition, there is a chirop~actic office on Main Street in a residential district, a bank is better for tax purposes. Mr. Buckbee emphasized the City's need to wait on acting until the whole Main Street plan is considered. Ms. Brossard-Vickers suggested waiting until the city receives a report back from the design team, thus affording the city the opportunity to work with all the properties along Main Street. Also, unfortunately, neighborhood opposition does not determine approval or denial if a property is rezoned~ Ms. Roberta Wirth (7065 Eagle Trail) stated the zoning change will have an impact on the safety and welfare of all parties, which needs to be taken into consideration, as per state law. And if not, what criterion needs to be met for "rezoning. Mr. March replied the city has ~Police authotity" which gives them zoning rights. Mr. Buckbee commented Mr. Kolsted has presented an interesting concept. However, the idea does not address spot zoning. Mr. Buckbee recommended waiting until the design team brings their ideas back to the city. Mr. Bisek suggested the Planning Commission not place too much 5 weight on the design team. Ms. Brossard-Vickers replied Mr. Kolsted's intent is to pursue the purchase of the property and the construction of the building in the spring of 1999. Therefore, it may be in the city's best interest to wait. Mr. Doug Porter (7046 Eagle Trail) observed south of Main street is primarily residential and the main corridor of property is a blend of businesses and homes. Mr. Porter suggested the city cater to residential or commercial for future developments. Mr. Porter added, he is opposed to the construction of the bank and stressed the need for children's safety in and around the bank. Chair Welk commented it is difficult to consider all options at this time. It is the City's intentions to bring both residential and business together in harmony. Mr. Buckbee moved and it was seconded to recommend to the Council not to approve the rezone and vacation of property request for reasons of rezon~ng and to wait for the downtown revitalization committee report. Motion carried unanimously. Ms. Brossard-Vickers moved and it was seconded to recess for five (5l minutes. Motion carried unanimously. John Snyder - Site Plan for Ter.minal Transport Mr. March gave an overview of the proposed business. The facility located at the south east intersection of 20th Avenue and Ceder street would be constructed to house offices for the payroll business function and for a truck maintenance department. Mr. March foresaw concerns with County Road 54 access. Mr. Buckbee noted it would be nice for the Gity to attempt to protect the residential properties south of Ceder street. Clearwater Meadows Industrial Park Mr. Rehbein briefed the Planning Commission on a proposed layout plan for Clearwater Meadows outlot and he disclissed businesses that are interested in building on the proposed property. I Ms. Brossard-Vickers questioned the properties zoning. Mr. March indicated the property is identified as B1 Commercial. The Commission discussed light industrial lot requirements of one acre with a minimal lot width of 125' and the set back requirements along County state Aid Road 54. Mr. Buckbee explained the proposed layout meets the minimal lot 6 .' . .' . size. However, the rezone is not conducive to the comprehensive plan. Mr. Palzer suggested the city consider adjusting the ordinances to allow light industrial and commercial in the same category. The Commission discussed identifying commercial, industrial and light industrial districts and its differences. Mr. Rehbein noted the suggestions and commented updates will be implemented and he will reproach the Commission at a later date. Willow Glen Business Park (WGBP) Prelimina~ Plat Mr. March reported on the WGBP and new developments. Mr. March reiterated the October Commission meeting minutes where the WGBP sketch plan was addressed. Mr. March also distributed a letter from the City Engineer and another from Anoka County Highway Department. Mr. Rehbein pointed out a discrepancy in the right-of-way (ROW) between Anoka County Highway Department and himself. Mr. Rehbein felt Anoka County is requesting too much front footage for the ROW. Mr. March commented the Commission moved to recommend the developer address access onto County Road 14 (Main street). Ms. Brossard-Vickers questioned future access to outlot A. Mr. Rehbein indicated County Road 21 north is proposed and will service outlot A. Chair Welk recommended implementing one access onto County Road 14 and one access onto County Road 21. ,~ Mr. Rehbein stated the west access will be an exclusively right turn entrance only and another in and out access on Main street and another on 20th Avenue. Action on Lot Split Request Ms. Brossard-Vickers confirmed the city ordinance and the state laws restrict lot splits in the floodplain/floodway. Mr. Palzer read aloud uniform building code 7.0 and 7.1. In summary, a property cannot be subdivided in the floodplain unless a buildable site is located on both of the proposed properties. In addition, the buildable area must be 2' above floodplain elevation. Mr. Palzer noted a building can ~e constructed in the floodplain. However, the building regulations are restrictive and can be costly. Ms. Brossard-Vickers confirmed the prospective owner knows the property is in the floodplain and cannot be reconstructed if 51% or more of the building is destroyed. Mr. Jack Green (7007 20th Avenue) stated denying this request 7 places the property owner in an unusual position to pay taxes on property that is restricted from utilizing the property. Ms. Brossard-Vickers moved and it was seconded to table the lot split in order to gather more information and to reconsider the request. Motion carried unanimously. Action on the MUSA Swap Ms. Broussard-Vickers moved to ~prove the MUSA swap request and to recommend to the city Council. Motion carried unanimously. Action on Variance ~est-Kelly's Korner (7098 Centerville Road) Ms. Brossard-Vickers understood the nonconformity ADA concern, but noted the Commission has delayed other projects in anticipation of the design team's findings and questioned Staff if the Commission should wait to act on the variance request. Mr. Palzer commented on federal mandates allow buildings to become less nonconforming. Thus, suggesting the variance request is granted for an ADA ramp. Ms. Brossard-Vickers moved to recommend approval of the variance request as requested due to the current ADA non-conformance. Also. recommended the trqsh containers are enclosed. Motion carried unanimously. Ordinance 44 A Ms. Brossard-Vickers moved and it was seconded to table ordinance 44A until the June Commission meeting. Motion carried unanimously. . Discharge of Firearms Mr. Buckbee moved and it was seconded to table ordinance #5 until the June Commission meeting. Motion carried unanimously. . Uniform Housing Code Ms. Brossard-Vickers moved and it was seconded.to table agenda item uniform housing code until the June Commission meeting. Motion carried unanimously. I Adjournment Chair Kathy Welk moved and it was seconded to 1998 Planning and Zoning Commission meeting. unanimously. adjourn the May 5. Motion carried The Planning and Zoning Commission meeting adjourned at 10:35 p.m. 8 "'" ....' , . . . . . . Respectfully Submitted, Ry-Chel Gaustad, CMC city Clerk 9 . ... ....., ...... -~,. .