Loading...
HomeMy WebLinkAbout2001-11-06 P & Z Agenda )i"'". 'E:.stafj[LdieJ 1857 PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, NOVEMBER 6, 2001 6:30 p.m. I. CALL TO ORDER 1. RollCall II. PUBLIC HEARING (S) 1. Ordinance #4 Amendments 2. Zoning Map Modifications 3. Eagle Pass 2nd Addition (Preliminary Plat) III. APPEARANCES 1. Mr. Mike Quigley - Gor-Em (Eagle Pass 2nd Addition) 2. Mr. Lloyd Drilling - Comprehensive Sign Plan (Uptown Center) 3. Mr. Brent Coatney - Mueller Pipe liners (T enninal Transport Building); Site Plan IV. OLD BUSINESS 1. Ordinance #4 Amendrnents 2. Zoning Map Modifications 3. Comprehensive Sign Plan - Uptown Center 4. Sign Variance - Hair Update & Day Spa " , . NEW BUSINESS 1. Mr. Mike Quigley - Gar-Em (Eagle Pass 2nd Addiiion) 2. KCI - Site PIan and Comprehensive Sign Plan (Lot 4, Block I Royal Industrial Park) 3. Coatney Enterprises - Mueller Pipeliners (Terminal Transport Building); Site Plan 4. Grassen Companies - Street Lights (Eagle Pass 2nd Addition) VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. October 2,2001 Planning and Zoning Meeting Minutes VIII. ADJOURNMENT I 1 3 Amended: 9/4/0] 2 Amended: 6127/0] 1 Amended: 1110101 Effective 915/00 City of Centerville Ord. #4 Sf ATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILlE ORDINANCE #4 An Ordinance regulating the use of land, location, bulk, height, and use of structures and the arrangement of the structures, on lots, and the density or population in the City of Gentervilie, Minnesota and providing for the administration and enforcement of such regulations. The City Council of the City of Centerville ordains as follows: DIVISiON 10: General Provisions Section 010-010: "ntle. This ordinance shall be known as Ordinance #4, City of Centerville Zoning Ordinance except as herein referred to as "this Ordinance". Section 010-020: Purpose. It is the purpose of this Ordinance to: o Protect and promote public health, safety and general welfare. ~ Protect the natural resources in the City. ~ Establish land use patterns and development regulations consistent with the City of Centerville Comprehenzive PIAn. ~ Prevent overcrowding of land. ~ Limit congestion and promote safety in the public rights-of-way. ~ Prevent the premature demand of publiC services. ~ Stage development consistent with the efficient provision of public utilities and public services. ~ Maintain the small town character and quality of living in the community. ~ Establish compatibility of land uses in the City to protect existing investments and property values. $ Promote opportunities for cohesive and compatible business development. Page 1 of82 J , , , , ~ J Am"lded: 9/4/0] 2 Amended: 6/27/01 I Amended: ] I! OlD I Effective 9/5100 City of Centerville Ord. #4 ~ Establish guidelines and regulations to promote housing variety and quality living environments Section 010-0JO: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area within the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by annexation, merger or other means shall be classified R-1 Rural Residential until such time that the City Council may rezone the added territory to more appropriate classification. Section O'H)-040: Application. Where the conditions imposed by any provisions of this Ordinance are either more or less restrictive than comparable conditions imposed by any other regulation, the regulations wtlich impose the higher standard or requirements shall prevail, Section 010-050: Severability. If any proVISion of this Ordinance or the application of any provision to particular circumstances is held invalid, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected. Section 010-060: Repeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts thereof in force at the lime this Onjinance shall tal<e effect and Ordinances inconsistent herewith are hereby repealed, including Centerville Ordinance #10. Nothing contained in this Ordinance repeals or amends any Ordinance requiring a permit or license to engage in any business or occupation Division 15: OefiniUmm Section 015-010 Specific purposes. Forthe purposes of this Ordinance, certain words contained herein have the following meaning. Other words not included in this Section shall have the meaning defined in Minnesota State Statutes_ Other words not so defined shall have the meaning customarily associated with them. Section 015-02il: Definitions, Abandonment - To cease or discontinue a use or activity willlout intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining. or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. P~O';<>' ') n.f'Q.,":,i 3 Amended: 9/4/01 2 Amended: 6/27/01 1 Amended: 1/1 010 1 Effective 9/5/00 City of Centervil1e OrJ. #4 Abutting - Having a common border IAMh, or being separated from such a common border by a right-of-way, alley or easement Ac:cessOl)l' Building - A subordinate stmcture detached from but located on the same lot as the principal structure, the use of whicll is incidental and accessory to that of the principal structure. The subordinate structure shall possess a minimum of 3 continuous walls, standing a minimum of 6 feet in height, and a roof. Accessory Use - A use incidental to, and on the same lot as, a principal use. Agriculture - The use of land for agriculture purposes, including farming, dairying, pasturage, agriculiural, horticulture, floriculture, viticulture, and animal poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Alley - A. public or private way permanently reserved as a secondary means of access to abutting property. Alteration - Any ctlange, addition, or modification, in construction or occupancy of an existing structure. Alteratioil, Stmctural - Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, the application of any exterior siding to an existing building for the purpose of beautifying and moeiernizing shall not be considered a structural alteration. Antenna .. Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices Llsed for the transmission or reception of electromagnetic waves external to or attached to tile exterior of any building. Apartment - A room or suite of rooms, including bath and kitchen facilities, in a multiple-family building designed for occupancy by a single family. Apartment, Accessory - An apartment tllat is secondary and incidental 10 a principal use or building. Area Identification Sign - P. freestanding sign whicll identifies the name of a PM>'" '\ of WJ residential subdivision, commercial or industrial development. 3 Amended: 9/4/01 2 i\mended: 6/27/01 1 Am.ended: 1/10/01 Effective 9/5/00 City of Ccnterville Ord. #4 Basement - A portion of a building iocated partly underground, having more then 50% of its floor.to-ceiling height below the average grade of the adjoining ground. Split level, split entry and earth sheltered homes shall be construed to satisfy basement requirements. Block - A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroacl rights-of-way, sl10r6 lines, waterways or corporate boundary lines of the City. Board - The Board of Appeals and Adjustments of the City of Centerville. Boathouse - /, structure designed and used solely for the storage of boats or boating equiprnent Building - Any structure having a roof which may provide shelter or enclosure of persons, animal or chattel, and when said structure is divided bV party walls without openings, each portion of such building so separated shall be deemed a separate building. Buildable Area - The space remaining on a zoning lot after minimum yard and open space requirements [laVe been met. Building Covemge ... See Lot CO\lerag&. Building Height .. See Hei~lht Building Une - The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line. Building, Principal - See Principal Building. Business Area .. Any business activity whic!.1 renders service to other commercial or industrial enterprises City Council or Council - The City Council of the City of Centerville. Clear Cutling - The indiscriminate removal of trees, shrubs, or undergrowth with the intention of preparing real property for non-agricultural development purposes. Page 4 of 82 3 ft~nended: 9/4/01 2 Amended: 6/27/01 1 Amended: lilli/OJ Effective 9/5/00 Cilv of Centerv1lle Ord. #4 This definition shall not include the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed, removal of dead trees or normal mowin~l operations. Clinic - Anll establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight Club - Any establishment operated fOf social, recreational, or educational purposes but open only to members and not tt1e general public. Cluster Housing - The grouping of single-family dwellings within specified areas IlVhile maintaining the same overall allowable density in tllat same area. Commercial Use - An oc(;upalion, employment, or enterprise that is carried on for profit by the owner, lessee, or licenses. Commission - The Planning and Zoning Commission of the City of Centerville. Commissioner - A member of the Planning and Zoning Commission. Comprehensive Plan - A compilation of policy statements, goals, standards and maps for guiding llle physical, social and economic development of the City and including a land use plan, a community facilities plan and a transportation plan whiell has been prepared and adopted by the City of Centerville. Conditional Use - A use, which because of special problems of control requires reasonable limitations peculiar to the use for the protection of tile public welfare alld the integrity of the Comprehensive Plan. Com:Jitiomli.1 Use Permit - A permit, issued by the Council, in accordance with procedures specified in this Ordinance as a flexibility device to enable the council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use permits. ContraclmJs Yard - An area where vehicles, equipment and/or construction materials and supplies commonly used by building, excavation, roadway construction and similar contractors are stored or serviced. The contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Page 5 of82 3 Amended: 9/4/0 I 2 AlJleJlded: 6/27/01 I Amended: 1/10/01 Effective 9/5/00 City of Centerville Ord. #4 Coverage - That portion of a lot covered by principal and accessory use structures Cui-dEi-sac - A local street, one end of which is closed and consists of a circular turn around Day Care Facilities - A state licensed day care facility, as defined in Minnesota Statutes, Chapter 462. Dee" - A horizontal, unenclosed platform with or without allached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. Density.. The number of dwelling units permitted per net acre of land. Deve!opment - All structures and other modifications of the natural landscape above and below ground Of water, on a particular site. District - See Zone District loning - An area of land for which there are uniform regulations governing the use 01 buildings and premises Orive-.(n Establishment - An establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment lTiay be consumed or business conducted in the 8lltornobile Dwelling - A building or portion thereof that provides living facilities for one 01' more families. Dwelling, Single..Family, Attached (group, row, and townhouses) - One (1) af two (2) or more residential buildings having a cornman or a party wall separating dwelling units. Dwelling, Single-Family, Detached - A residential building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lo!. Page 6 of 82 3 Amended: 9/4/0 1 :\ Amended: 6/27/01 1 Amended: 1/10/01 Effective 9/5/00 City of Centerville Ord. #4 !Jweliing, TwooFamily .. A building used exclusively for occupancy by two (2) families living independently of each other Dwelling, Multiple.. A detached, residential building containing three (3) or more dwelling units, including what is commonly l{nOl/Vn as an apartment building, but not including group, row or townhouses. Dwelling, Seasonal .. A dwelling not Llsed for permanent residence and not oGcupiecl for more then six months in each year. Dwelling Unit - One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping. Ea.sement .. The right of a person, government agency, or public utility company to Lise public or private land owned by another for a specific purpose. Essential Services .. Public and private utililies required by the resident and worf<ing population. Family - An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons not so related, living together as a single housekeeping unit using common cooking and kitchen facilities. Facade - Tile exterior wall of a building exposed to a public view or that wall viewed by persons not within the building. Feilce - Any artificial IV constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Flood Plain - Flood plain or flood-prone area means any land area susceptible to being inundated by water from any SOL/rce. Floodway .. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point Floodwillll Fringe .. All that land in a flood plain not lying within a delineated Page 7 0[82 3 Amended: 9/4/0 1 Z AmeluJed: 6/27/0] , Amended: 111 % I Ettective 9/5/00 City of CenterviHe Ord. #4 floodway Land witrlin a floodway fringe is subject to inundation by relatively low velocity flows and shallow water depths Floor Area - The sum of the gross horizontal areas of the several floors of a building or dwelling unit, measured frorn trle exterior walls or from the centerline of P611iy walls separating buildings, excluding basements. Floor Area Ratio - The total floor area on a zoning lot divided by the total site area of tl'16 lot or parcel being developed. Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure Frontage - Ti'le front or frontage is that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shaH not be considered as the ordinary sideline of a corner 101. Garage, Private - Any accessory building or an accessory portion of a principal building designed or used solely for the storage of molor vehicles, boats and other personal belongings which are owned or used by the occupants of the building to which it is accessory Glare - A sensation of brightness within the visual field that causes annoyance, discomfoli, or loss in visual performance and visibility Grade - The lowest point of elevation of the finisiled surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the plTlperty line is more than five feet from the building, between the building and a line five feet from the building. Height of Building - The vertical distance from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean tleight between eaves and ridge for gable, hip and gambrel roofs. Home Occupation - An occupation, profession, activity, or use that is clearly a cLlstomary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Page 8 of 82 3 Amended: 9/4/0] 2 Amended: 6/27/01 I Amended: 11l0/OJ Effective 9/5/00 City of Centerville Ord. #4 Hotel - A building occupied as more or less temporary abiding place of individuals who are lodged with or without meals for compensation and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any individual apal1ment. Impervious SUlface - Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surFace shall include graveled driveways and parking areas. Industrial Park - A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention 9iven to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space. Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Junk Yard - land or structures used for the storage or keeping of junl" including scrap metals, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, otl1er than the storage of materials which is incidental or accessory to any business or industrial use on the same lot. Light Manufacturing - The processing and fabricatian of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which will disturb ar endanger neighboring properties Lot - A platted parcel of land intended to be separately owned, developed, and alhe/wise used as a unit. Lot Area - The area of hOl"izontal plane bounded by the vertical planes tllrough front, side, and real" lot lines. Lot, Comer - A lot abutting on and at the intersection of two or more streets. lot Coverage - Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot. PH"e 9 {)fR2 3 Amended: 9/4/01 2 PJnended: 6/27/01 1 .Amended: ]/]0/01 EtTective 9/5/00 City of Cente/ville Ord. #4 lot Depth - The average Ilorizontal distance between the front and rear lot lines. l\:it, Interior - An interior lot is a lot other than is comer lot Lot Line - A line dividing one lot from another lot or from a street or alley. lot line, Front .. On an interior lot, the lot line abutting a street; or, on a corner lot, the lot lines abutting a street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained Lot line, Rear - The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. Lot Line, Side - Any 101 line not a front or rear lot line Lot, Minimmn Area Of - Tile measurements of a lot computed exclusive of any portion of the rigl.lt-of-way of any public thoroughfare. Lot of Record - A lot which is part of a subdivision or plat, an Auditor's Subdivision Of a registered Land Surveyor a parcel of land not so platted, whiell has been approved by the City or meets the following conditions: ,/l,. Was a separate parcel of record April 1, '1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is later, or o-r the adoption of subdivision regulations pursuant to a Home Rule Charter; and B Was the subject of a written agreement to convey entered into prior to such a time; and C Was a separate parcel of not less than two and one half (2 Y:.) acres in area and one hLlndred fifty (150) feet in width on January 1, 1966; and D. Was a separate parcel of not less than five (5) acres in area and it-Iree hundred (300) feet in width on July 1, '19BO; and Page 10 01'82 v 3 Amended: 9/4/0 I 2 Amended: 6/27/01 1 Amended: 1fI 0/01 EJfective 9/5/00 Ciiv of Center vi lIe Ord. #4 E. Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less then three hundred (300) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than five (5) acres in area or three hundred (300) feet in width; and F. Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less then three hundred (300) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than five (5) acres in area or three hundred (300) feet in width; and G. Is a single parcel of residential or agricultural land of not less then twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than twenty (20) acres in area or five hundred (500) feet in width. Lot, Substandard - A lot or parcel of land that has less than the required minimum area or width, as established by the zone in which it is located and provided that such lot or parcel was recorded as a legally created lot on the effective date of tile ordinance codified in this title. lot, Through - A lot having its front and rear yards each abutting on a street. lot, Width - The tlorizontal distance between side lot lines, measured at the required front setback line. Manutactt!red ~lou!;in!l - Single-family detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 197'4, amf shall include structures known as manufactured homes or mobile homes. Mineral ElI:traction - The extraction of soil, sand, gravel, rock or other such material from the lanel. Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes '169.01. Motor Fuel Statioil - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are sold or used in servicing motor vehicles and where usual Page 11 of 82 rnotor vehicle repairs and services are performed. 3 Amended: 9/4/01 2 Amended: 6/27/0] 1 Amended: 1/10/01 Effective 9/5/00 City of Centerville Ord. #'-l NOlloConforming Structure or Use - A structure or use lawfully in existence on the effective date of this ordinance or any amendment thereto and not conforming to the regulations for the distdct in which it is situated. Nursing Home or Rest Home - A licensed establishment having accommodations for the continuous care of two or more invalid, infirm, aged convalescent patients or disabled persons that are non-related Open Space - Any unoccupied land space open to the sky. Ordinary High Water Line (OHWl) - A line delineating the Ilighest water level which has been maintained for a sufficient period of time to leave evidence on the landscape. The ordinary higtl water mark is commonly tllat point where the natural vegetation changes from predominantly aquatic to terrestrial. Performance Standard - A criterion established to control appearance, noise, odor, toxic or noxious matter, vibration, fire and explosive Ilazards, glare, heat, waste and other potential impacts generated by or inherent in uses of land or buildings Planned Unit Development - A tract of land, which will contain two or more principal structures, developed under unified ownership Of control, the development of whicl', may l)e unique and of a substantially different character than that of the surrounding area. rlam~ii1g Siml Zoniulg Commission - The Planning Commission of the City of Centerville. Plat - The drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to Section 462.358 and Chapter 505. Portable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T -frames; menu and sandwich board signs; umbrellas used for advertising; and signs attaclled to or painted on vehicles parked and visible from Pal!:e 12 of82 3 Amended: 91410 I 2 Amended: 612710] 1 Amended: III 010] Etfective 9/5/00 City of Centervillc Ord. #4 trle public right of way, unless said vehicle is Llsed in the normal day-to-day operations of the business Principal Use or Principal Structure - The main LJse to which the premises are devoted and the purpose for which the premises exist Private Property - Any real property within the City which is privately owned and which is not a public property as defined in lIlis section. Public Hearing - An official public meeting, which notice has been published in the official newspaper. Public Property - Any street or highway that includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. Recreational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launches ramps, swimming areas, parks, wildlife and natLlre preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling and horseback riding trails. Recreational Vehicles - A mobile vehicle, including boats, used for recreational purposes capable of being towed or being self-propelled. Residential Facility.. A state licensed residential facility, defined by Chapter 462, Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more than sixteen ('16) persons in a Multiple-Family Residential District Right-ot-Way - A street, alley or easement permanently established for the passage of persons and vehicles, including the traveled surface of lands adjacent that are formally dedicated to such usage. Semipublic Use - The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Setback - The minimum horizontal distance between a lot line and a building line or use. Page 13 of 82 J Amended: 914101 2 Amended: 6/27/01 ] Amended: UlOID] EiTective 9/5/00 City of Center vi He Ord. #4 Sewer System - Pipelines or conduits, pumping stations, forcemain, and all other construction devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shore impact Zone - Land located between the ordinary 11igh water level of a public water and a line parallel to it at a set back of fifty percent (50%) of the structure setback. Sign - Any name identification, display illustration structure or device lMJich is publicly displayed and which is used to direct attention to a product, person, business, institution or place Significant Historic Site - Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in tile State Register of Historic Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register 01' if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. Allul1platted cemeteries are automatically considered to be significant historic sites. Story - That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then tile space between the floor and the ceiling next above it. Story-Half - That portion of a bLlilding under a gabie, hip or gambrel roof the wall plates of \Nhich, on at leas! two opposite exterior walls, are not more than two feet above the floor of such story. Steep Slope - Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provision of this ordinance. Where specific information is not available; steep slopes are land having average slopes over twelve percent ("12%), as measured over horizontal distances of fifty (50) feet or more. Page 14 of 82 :1 i\.mended: 9/4/01 Z Amended: 6/27/0] 1 Amended: 1 J] 010 1 Effective 9/5/00 City of Centerville Ord. #4 Street Access - A public thorougl1fare, which affords the principal means of abutting land. Street line - The legal line of demarcation between a street anel abutting land. Stwcture - Anything constructed or erected, the Lise which requires a location on the ground, or attached to something having a location on the ground, or an attachment to something having a fixed location on the ground; including, in addition to buildings, billboards, carports, porches, decks and other building features, but not including sidewalks, drives, swing-sets, enclosed play structures under fifty (50) square feet, fences and patios Structural Alteration - Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration. Subdivision - The separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leaserlold interest, necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses or any combination thereof, except those separations: A Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; and B. Creatin" cemeterv lots' and '" J' c, Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. The purpose or activity for which the land or building tllereon is designed, arranged, or intended, or for which it is occupied or maintained and sllall include any manner of performance of such activity with respect to the performance standards of this ordinance. Supply Yard - A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar P;we 'I S of R2 3 Amended: 9/4/01 1 Amended: 6/27!O 1 I Amended: 1/l 0/01 Effective 9/5/00 City of Centerville Ord. #4 goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. Townhouse - Single-family, attached units in structures housing three or more continuous dwelling units, sharing a common wall, each having separate and individual front and rear entrances; the structures being as of a row hOLlse type as distinguished from fnultiple dwelling apartment buildings. Travel Trailers -- A mobile vehicle with wheels, designed for overnight living or camping purposes, capable of being towed by a motor vehicle. Use, Permittee! - A use that is permitted in the district under which it is listed Usable Open SpaGe -- A ground area on a lot, which is graded, developed, landscaped or equipped or intended and maintained for recreation or leisure, available to and useable by persons occupying a dwelling unit and their guests. Variance - Tile waiving by Board action of the literal provisions of the Zoning Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration Vehicle - Any vehicle which is self-propelled or designed to be pushed or pulled and shall include, but not be limited to, automobile, busses, motorbikes, motorcycles, motor scooters, trllcks, tractors, go-carts, golf carts, campers, trailers, boats, planes and gliders. Vehicle Abam:ltmed - Any vehicle as defined in this section, which does not have lavvfully affi~cd or attached t!lsreto an un-expired state rADistraHan or license plate or plates, or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded. Water-Oriented Accessory Structure or Facility - A small above ground building or other improvement except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Wetland - Lands transitional between terrestrial and aquatic systems where the Page 16 of82 3 Amended: 9/4/0] 2 Amended: 6/27/0] 1 Amended: 1I1 % 1 Effective 9/5/00 City of Cenlerville Ord. #4 water table is usually at or near the surface or the land or is covered by shallow water. For purposes of this definition, wetlands must have the following three characteristics A Predominance of hydric soils; and 8. Are inundated or saturated by surface or groundwater at a fr'equency and duration sufficient to support a prevalence of hydmphytic vegetation typically adapted for life in saturated soil conditions; and C. Under normal circumstances support a prevalence of such vegetation. Yard - A required open space on a lot IIvhich is unoccupied and unobstructed from tile ground upward, except as otherwise provided for herein. The measurement of a yard shall be construed as the minimum horizontal distance between tile lot line and the building iine. Yard, Fre~€lfl€liflfl i'loros-s thg fulkoJi€llhilfil'lB frofiHel B~n siss t€Jt-lin~ and~:ton€/ing fr13R1 thg~~At-,*.....<ay-lin€lt@-... esptA Fsquiro<J in t1)€lyaf4-~l,JlatisR€ of tFl~t:;.lot is 180<1188. On Q €OmeHot the iltmSH>effFSC!l or norm'Nest Eltrsst eliffi€lFlsiem of the stFset sl1alloo ~ont yard. Yard, Front - A yard extending across the full width of the front lot between side lot lines and extending from the abutting street rigllt-of-way line to a depth required in the yard regulations of the district in which such lot is located. On a corner lot the street address or narrowest street dimension of the street shall be the front yard. The other street frontage will be considered a front yard for principal structure setbacks and a sjde yard for purposes of caloulating setbacks for accessory structures. 1 Yard, Rear - A yard extending along a side lot line between the front and rear yard lot line, having a widtll as specified in the yard regulations for the district in which such lot is located. Yard, Side - A yard between the sideline of the lot and the nearest line of the building and extending from the front yard to the rear yard. 1 Amended: January 10, 2001 Page 17 of 82 3 Amended: 9/4/01 2 Amended: 6/27/0J I Amended: 1/1 O/OJ Etiective 915100 City of Centerville Ord. #4 Zoning District - An area or areas for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform. Section 015-030: General Regulations. For clarity and consistency in the understanding and application of this Ordinance the following sliall apply: Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically noted. Grammatical use of references made in the singular shall include the plural and the plural shall include the singular, unless such use or reference is otherwise specifically stated. Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present. The word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply obligation. The catchlines of the sections of this Ordinance are intended as mere catctlwords to indicate the content of tile section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any sections. Division 20: Scope and InterRretatkm A. Scope No structure, or part, thereof, shall be erected, convertecl, enlarged, reconstructed, altered or moved without a permit approved by the City. No structure or land shall be used for ani' purpose or altered in any manner that is not in conformity with the provisions of this Ordinance. Unless otherwise noted, no structure permitted under this Ordinance may be inhabited or occupied without a Celiificate of Occupancy issued by the City. 8. Relationship to Comprehensive Plan Page 1801'82 3 Amended: 9/4/0] 2 Amended: 6/27101 1 Amended: 1/10/01 Effective 915/00 City of C~nterville Old. #4 Interpretation and enforcement of the provisions of this Ordinance are intended to be consistent with the implementation of goals, policies and land use elements of the Centerville Comprehensive Plan to the extent practical or required by law. The application of or amendments to this Ordinance, which are determined to be inconsistent with the Comprehensive Plan, shall require amendmenls to the Comprehensive Plan, this Ordinance or both. C. Minimum Requirements In their interpretation and application, the provisions of this Ordinance stlall tIe held to be the minimum requirements for the promotion of the public health, safety and general welfare. D. Use Notldentifiecl Uses not specifically identified in this Ordinance as permitted shall be prohibited. Amendments to this Ordinance shall be required to allow any use, which is not clearly permitted by right E. Deadline for Actions It is the intent of the City to comply with Slate requirements for timely review and actions requiring formal approval by the City Information submissions and applications must be determined by the City to be complete betol'e a time line for action is initiated. In the event the City cannot act upon a request within a sixty (60) day time frame, the City will notify an applicant in writing that action will be completed within 120 days of the date the application was accepted by the City. In the event that multiple approvals are involved in any action, such as a site plan review requiring a variance or a Zoning Ordinance amendment requiring a Comprehensive Plan amendment, each action shall require a separate, independent time line for action. r.h.a~ 1Q nf'S:::") 3 Amended: 9/410 I ;;: A.11lcnded: 6/27/01 j Amended: l!l 0/0 1 Eifective 9/5100 City of Centerville Ord. #4 F Other Ordinances The City has enacted or may enact other Ordinances that may supplement or supercede this Ordinance, including but not limited to the Subdivision Ordinance, Shoreland Ordinance and the adoption of building codes. Users of this Ordinance should contact the City to determine wr1ether certain provisions in this Ordinance are affected by other Ordinances. G. Aclopting the Minnesota Building Code Providing for its administration and enforcement, regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structure in tile City of Centerville; providing penalties for the violation thereof. Division 25: lot Provisions Lots of Record A No lot of record shall be reduced in size below the district requirements in Section 080-030; and 8. An existing lot of record shall be deemed a buildable lot even though the lot area and/or dimensions are less than those required for the district provided as follows: .1. Evidence must be presented that the lot in question met rninimum requirements for the division of property under ordinance regulations in effect at the time of the division of property; and 2. It fronts on a public street; and 3. The lot is within seventy percent (70%) of the minimum lot area and lot width Page 20 of 82 3 Amended: 9/4/01 2 Amended: 6/27/01 l Amended: 1/10/0] Effective 9/5/00 City of Cellterville Ord. #4 required C. If two (2) or more lots are in single ownership and if all or part of the lots do not rlleet the width and area requirements of this Ordinance, the contiguous lots shall be considered to be an undivided parcel for the purpose of this Ordinance. Division 30: Non:!ill..l]TOrmillgUses and Structures Any structure or use existing upon the effective date of the adoption of this Ordinance which does not conform to the provisions of tt1e Ordinance may be continued subject to the following conditions: A. The non-conforming use is not expanded or enlarged, except in conformity with the provisions of this Ordinance; and B. If a non..conforming use is discontinued or a non-conforming structure is abandoned for a period of twelve ('12) months, further use of the structure or property must conform to this Ordinance; and C. If a non-conforming use is replaced by another use, the new use shall conform to this Ordinance; and O. If a non-conforming use or structure is damaged by any cause to the extent that repair or replacement costs exceed fifty percent (50%) of the market value, the Lise or structure may not be replaced or repaired except in conformity with this Ordinance; and E. Normal maintenance of a non-conforming structure is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non- conforming Lise. Page 21 of82 3 Amended: 9/4/01 2 Amended: 6/27/01 1 Amended: 1/10/01 Effective 9/5/00 City of Cenkrville Ord. #4 Division 35: HomeOccupations Home occupations in the City mLlst meet the following criteria: A Home occupations sllall be conducted solely by persons residing in the residence with the exception of no more than one additional non-related employee; and B. All business activities and storage shall take place within the structure; and C. There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in any way alters the residential character of the premises; and D. No 1110re than one (1) sign not exceeding two (2) square feet with a maximum height of three (3) feet identifying the occupation shall be used; and E. The occupation shall not be visible or audible from any property line; and F. The occupation may involve limited retail sale or rental of products on the premises, provided all stock in trade is completely enclosed in the principal structure. Retail merchandise may not constitute more than fifty percent (50%) of the principal structure square footage; and G. Unless completely enclosed within an approved structure, no vehicle used in the conduct of the occupation shall be parked, stored or otherwise present at the premises other than such as is customarily used for domestic or household purposes. See Section 135-140: Outside Storage.; and H. Only on-site off-street parking facilities typically associated with a residence shall be used; and I. The conduct of an occupation or the use of substances which may be hazardous to or in any way jeopardize the Paue 22 of 82 3 Amended: 9/4/01 2 Ainel.lded: 6/27/01 I Amended: 1 i1 % 1 Effective 9/5/00 City of Centerville Ord. #4 healtl'l, safety or welfare of neighbors and neighboring property shall not be permitted. Division 40; Sin~lle.familV' Dwelling Requirements All Single-family, detached dwellings shall be constructed according to the following minimul1l standards A. All dwellings shall have a minimum width of twenty-four (24) feet at its narrowest point, with the exception of the l1li-1 District; and B. lVIetal siding, with exposed panels exceeding twelve (12) inches in width, shall not be permitted; and C. All Single-family, detached dwellings shall have attached garages. Garages may not be converted to habitable space without replacing the required garage; and D. Single-family dwellings other than approved earth sheltered homes shall have at least a 3/'12 roof pitch and shall be covered with an approved roofing material; and E. All Single-family dwellings shall have roof overhangs which extend a minimum of one ('I) foot from all the walls of the structure. Division 45: Te!Jll;!orarv Dwellin!ls and Struc[ure~ The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living quarters is not permitted in the City, except as approved by the City Council under special circumstances. Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six (6) month period, but are subject to the Minnesota State Bllilding Code. Division 50: Drivewav and ParkinQ Lot Improvements Page 23 of 82 3 Amended: 9/4/0 I 2 Amended: 6/27/0! 1 Amended: UIO/O! Effeclive 9/5100 City of Centerville Ord. #4 All reqLlired ingress/egress points, driveways and parking areas shall be paved with asphalt, concrete, pavers, cobblestone or similar material according to minimum City specifications, excluding R-i Districts Driveways may not exceed a twenty-four (24) foot width at the streetline. Division 55: Public utilitiesRequired All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities, shall be connected to the public sewer and water system when available. Division 60: Re!oc!!ted Buildinqs or Structures No existing building or structure may be relocated anywhere in the City without a permit. A permit for the relocation of any building or structure may not be issued without site plan approval by the Planning and Zoning Commission. The Planning and Zoning Commission shall not approve a site plan without certifying the following: A. The building or structure is compatible in appearance, age and character with existing buildings and structures in the area; and B. The building or structure meets all code requirements for new buildings or structures; and C. The building or structure is compatible with any other buildings or structures existing on the same property; and D. The building or structure meets all other requirements of this Ordinance and any other City ordinances; and Division 65: Accessorv Buih:linas and Uses No more than two (2) accessory buildings are permitted on any Single-family, detached dwelling parcel located in any district except R-1. Combined aggregate square footage for accessory buildings may not exceed two hundred (200) square feet or two percent (2%) of the lot area whichever is greater, except in the M-1 and R-4 District.2 No accessory building may be constructed on a parcel :1 Amended: August 22, 20(l j 2 Amended: Jmle 27,200] Page 24 of 82 3 Am.ended: 9/4/01 2 Amended: 6/27/01 I Amended: 1/ tOlOJ Effective 9/5/00 City ofCenterville Ord. :#4 without a principal structure. Accessory building must have a minimum of a five (5) foot side setback and a ten (10) foot rear setback, except in the M-1 District where the building code governs the setbacks. No building may be placed in an easement in case an accessory building IS attached to the main building, it shall be made structurally a part of the main building ami shall comply in all respects witt-, the requirements of this Ordinance applicable to tile main building. AA-O€CgeS81'l1 ooilging,-tJflf€gg attaeAod to aR€l~(ip~ft€lf th~~ilQin\1t, shalli'lQt bo slaser than fw€Pf-~~te tho-ffiain l3uildin~,8f:eQ~~ f'lF8\'i€led in this €le,*lefl. An accessory building, unless attached to and made a part of ths main buildino, shall not bfl closer than six (6) feet to the main buildinQ, except as otherwise provided in this section.] The side walls of an accessory building may not exceed ten (10) feet in 11eigh!. The total area of an attached accessory building shall be no greater than 1500 square feet per level. SwimminQ pools may exceed the size requirements for accessory structLlreS, but they can not exceed fifty (50) percent of the rear yard area.2 Commercial uses (as defined by Ordinance #4) in the M-1 District will follow the Commercial guidelines for percentaQe of Qrsen space. For all other properties in the M-1 District, the maximum accessory buildinQ allowed is 704 square feet and 440 square feet in the R-4 District, neither to exceed the size of It'le principal buildino if an attached qarage does not exist. If an attached (:Jaraqe exists. the maximum accessory buildinQ allowed is two (2) percent of the lot size or a minirllum of 200 square feeb Division 70: Sit", Pilm Review Required For all land use applications or permit applications, OtllH than Singl6-fanliiy Residential new construction building permits, a site plan review is required. Section 010-0'10: Submittal Rllquirements. A Boundary survey of parcel including identification of all monuments; and 1 Amended: January 10, 2001 3 Amended: September 4.2001 Page 25 of g2 3 Amended: 9/4/0] 2 Amended: 6/27/01 1 Amended: ]/10/0] Effeciive 9/5/00 City of Celltervillc Ord. #4 B. Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and curbing; and C. Scaled identification of all setback dimensions from property lines includinet.. front minimum and maxli1wm principal structure setbacks;2 and D. Scaled locations of all existing and proposed utilities and easernents; and E. Scaled depictions of floor plans for each story; and F. Scaled depictions of each building elevation and descriptions of exterior building materials and color schemes; and G. Scaled site grading plans, including erosion and sedimentation control mechanisms and procedures; and H. Scaled delineations of any shoreland, floodplain or wetland areas on the site; and I Identification of any floo(jplain or wetland encroachments and detailed mitigation plans; and J. Detailed landscape plans, illustrating size, types and locations of all materials, a description of site seeding or sodding, a description of the timetable for site landscaping and the identification of any irrigation systems; and K. Detailed descriptions of any site fencing, including type, location and height All plans shall be dated and bear the preparer(s) narne(s), including professional registrations or certifications when appropriate or required. Section 070-020: Review Requirements, For actions that will require committee review, applicants shall submit sixteen (16) sets of site plans with a required application form and appropriate fees to the City Clerk for distribution. Site plans will be evaluated for consistency with dOCLlmentation requirements. Upon acceptance of the application, site plans will be distributed to the PaQ:e 26 of 82 3 Amended: 9/4/0] 2 Amended: 6/27/01 1 Amended: JlIO/Dl Effective 9/5/00 City of Centerville Ord. #4 appropriate City entity for review and recommendation. Action to approve, modify or deny site plan applications will be based upon consistency of the application with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls and the compatibility of the proposed action with existing area land uses, existing area investments and neighborhood character, capacity of public streets and utilities and future planned land uses. Section 01G-030: Exceptions. The City may waive certain submittal requirements for residential variance applications, when it is determined that submittal I'equirements are not applicable or are not necessary to complete a review of the proposed action, The City may also waive certain submittal requirements for other actions, when site plan information for the subject property has previously been submitted to the City and may be more appropriately supplemented with new information Division 15: Final Gnuling ami Landscapirm Lots in all districts shall be subject to the foilowing: SLIM. 1 No Occupancy Permit shall be issued until the lot upon which the structure is constructed is brought to finished grade as specified, except during inclement weather an escrow shall be deposited with the City as approved in the fee schedule; except during inclement \lVeather an escrow shall be deposited with the City as approved in the fee schedule; and SuM.&: Within six (6) months from the issuance of tile Occupancy Permit the lot shall be landscaped in a manner, which prevents erosion due to wind or water. EA1ensions may be granted at the Building Official's discretion. Division 80: Zoning Districts/Use Regulations Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by reference and declared to be part of this Ordinance as tile Official Zoning Map. PHq" 27 nfx2 3 Amended: 9/4/0] 2 Amended: 6/27/0] I Amended: 1/1 % 1 Effective 9/5/00 City of Centerville Ord. #4 Such map shall be on permanent file and available for public inspection in tile City Hall. It shall be the responsibility of the City Clerk to maintain and keep the map up to date and to record eacll amendment thereto within thirty (30) days after official publication of the ordinance adopting the amendment. Section 080-1'120: interpretation o'r the Zoning Map. Where dua to the scale, lack of detail or illegibility of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the intended location of any zoning district boundary as shown thereon, the Zoning Administrator shall make an interpretation of the map upon the request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Board of Appeals and Adjustments The Board of Appeals and Adjustments, in interpreting the Zoning Map or deciding any appeal, shall apply to the following standards: A Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendiCLllar thereto, or along the centerlines of streets, rights-of-way or watercourses, unless such boundary lines are fixed by dimensions shown on the Zoning Map; and B. Where zoning district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines; and C Wllere a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions sllown on the zoning map, shall be determined by the use of the map scale shown thereon; and D. If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary line, the boundary line sl1all be determined in a reasonable manner, considering ths history of uses of the property and the history of zoning ordinances and amendments in Centerville as well as other relevant facts. Section 080-0::m: Establishment of Districts. For the purpose of this Ordinance, the City of Centsrville is hereby divided into the following zoning districts: Page 28 of 82 3 Amended: 9/4/01 2 Amended: 6/27/0] 1 Amended: 1/10/01 Effective 9/5/00 City of Centerville Ord. #4 R.'! Rural Residentiai R-2A High Density Single Family Residential R-2 Single Family Residential R-4 Single Family Manufactured Housing District R-!) Single Family Residential - Estate B-1 Commercia! 1-"1 Industrial Parlt District P-i Pubiicllnstitutional District M-'I Mixed Use Section 080-040: Ruml Residential (R-il. Purpose The purpose of the R-1 District is to allow agricultural activities and non-sewered residential dwellings as interim L1ses of tile land. Tile City has limited vacant land for development and all land in the City is planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the City and the incompatibilities which often exist between agricultural and non-agricultLlral uses, permitted uses in the R-1 District will not reflect intensive commercial agricultural uses. Permitted Uses A. Single-family, detached, dwellings at a density not exceeding one ("I) home per ten ('10) acres; and B. Residential accessory uses and home occupations; and C Crop production and vegetable gardening; and D. Produce stands for products raised on the premises; and E. Tree nurseries and sod farms; and F. Horses, livestock and fowl, not exceeding a density of one (1) horse or livestock animal per acre or three (3) fowl per acre. Special Requirements Agricultural uses are permitted in the R-1 District subject to the following requirements: Page 29 of82 3 Amended: 9/4/01 2 Amended: 6/27/01 I Amended: 1110/01 E!fective 9/5/00 City of Centerville Ord. #4 A Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not be located within three 11Lindred (300) feet of a neighboring property; and B. Accessory farm buildings shall not be erected within one hundmd (100) feet of a neighboring property. Section 080.1)50: High Density, Singh~.Family, Residentia! (R-2A). Purpose It is intended that the R-2A District provide for higher density single family detached, attached and multiple dwelling opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere. Permitted Uses and Structurel> A. Single-family, detached dwellings. B. Single-family, attached dwellings with more than four (4) dwelling units per building. C. Apartments or condominiums at a density not exceeding twelve (12) units pel" acre. D. Accessory uses. E. Public parks and recreation uses. F. Day care facility G. Residential facility. H. Home occupations. Section 080-060: Single-FaiYlily, Residential (Fl.-::!). Purpose Page 30 of 82 3 Amended 9/4/01 2 Amended: 6/27/0] I Amended: 111010 1 Effective 9/5/00 City of Centerville Ord. #4 It is intended that the R-2 District provide for lower density traditional single family detached dwelling opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere. Permitted lll'i;e~ and Stn.lcture\\; A. Single-family, detached dwellings. B. Single-family, attached dwellings with two units. C. Accessory uses. D. Public parks and recreation facilities. E Day care facilit}!. F. Residential facility G. Home occupations. Section 080"070: Single-Family, Manufactured Housing (R-41_ Purpose It is intended that the R-4 District provide for high density single-family, attached and detached residential opportunities in areas where public utilities are available and required for service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosprlere. Permitted Uses and Structures A Single-Family, detached dwellings 8. Single-Family, attached dwellings with four (4) units or less. C. Accessory Llses D, Public parks and recreation facilities. Page 31 of82 E. Day care facility. F. Residential facility. 3 Amended: 9/4/01 2 Amended: 6/27/0] 1 Amended: 1/1 % 1 Etfective 9/5/00 City of Centerville Ord. #4 G. l.tom6 occupations Special Requ.Jinmumts Manufactured homes are permitted in all residential districts if they meet the design criteria for such districts. All oHler manufactured homes shall be located only in designated manufactured home districts, which meet the requirements of this Ordinance. The general intent of this district is to provide for manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all urban services and desired amenities as other residential areas. 1\10 person shall erect, establish, extend or enlarge a manufactured housing development within the limits of the City of Centerville without first obtaining Site Plan approval from the City Council upon receipt of the recommendation of the Planning and Zoning Commission. Approval sllall be granted only upon compliance with all the following: 1.) Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.) Compliance with all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed development must be located in tl18 City's urban service area as shown in the Comprehensive Development Plan, and must be served by public utilities as approved by tile City of Centervills. Section 080-080: Single-Family, Residential - Estate (R-5)" Purpose It is intentied that the R-5 District provide for low-density traditional single family residential where public utilities are available and required fOI" service. The design and circulation of new residential areas are also intended to be complimentary with and enhance the community's small town atmosphere. Permitted Uses A. Single-Family, detached dwellings. B. Accessory uses. C. Public parf(s and recreation uses. D. Day care facility. 1)';.10P 1.') AfS"f,) 3 Amended: 9/410 I 2 Amended: 6/27/0 I I Amended: 111010] Effective 9/5/00 City ofCenterville Ord. #4 E. Residential facility. F. Home occupations Section 080"090: Commercial District (13-11. Purpose It is intended that the B-1 District provide opportunities for retail and service business uses vvl1ich require larger development sites, highway visibility or highway access. General Minimum Requirement", Tile following minimum requirements, as set 'forth, shall apply to all buildings that may be erected, converted or structurally altered in Commercial Districts. Setbacl< See Table A - Schedule of District Regulations Lot and Yard Requirements. Building Height in Commercial Districts As provided in Division 'j '15 of this ordinance.. Off Street Parking As provided in Division 90 of this orclinance. In addition to Division 90: ('I.) Space for a single vehicle shall be nine (9) feet by Eighteen (18) 'feet or larger. (2) Off street parking area shall be surfaced INith asphalt or concrete, and with permanent concrete curbs to define driveways and parking limits. Plans and specifications for parking areas shall be reviewed by the Rice Creek Watershed, and approved by the City. Approval from the City will occur only after completion of the site plan review process. The site plan review process requires a hearing before the Planning and Zoning Committee and the City Council. (3.) There shall not be off street parking within five (5) feet from any street right of way nor five (5) feet from any other lot line. Page 33 of82 3 Amended: 9/4/01 2 Amended: 6/27/01 1 Amended: 1110/01 Eflective 9/5/00 City of Centerville Ord. #4 (4,) Also see Division '165, Buffer Zone Between Commercial and Residential Districts Where a Commercial District abuts a Residential District, any new development shall include a buffer zone. There shall be a protective strip of not less than ten (10) feet in width. This protective strip shall contain no structures, shall not be used for pal-king, off street loading, Of' storage, and shall be landscaped. The landscape treatment shall include a compact screen wallar fence, but shall not extend within fifteen (15) feet of the street right-of-way. The planting or fence design must be approved by the site plan review process. The site plan review process requires a hearing before the Planning and Zoning Committee and the City Council. Per Division 70. Screening Requirements If the City Council requires any type of screening as a condition for a variance or special use permit; tile applicant shall comply with the following conditions: 1. File a copy of the screening plans with the Zoning Administrator. 2. The screening, planting or construction, or both shall be complete within one year from the date of the building permit, subject to extension by the City Council. 3, The screening shall be maintained after cornpletion. landscaping A minimum of ten ('10) percent of any lot shall be green space, Three (3) percent of the surface area of the land within a parking area shall be landscaped with grass and shrubbery or other approved ground cover. Landscaped areas will continue to be maintained by the property O\Mler 011 a continuous basis. Green areas within abutting street right-of-ways will also be maintained by the property owner. See division #'160 for other requirements, Site Plan Site plans for all developments requiring a special use permit must be submitted prior to the issuance of building permits. At least the following information shall be submitted for review: 1. Site development plan. 2. Building plans, including building elevations, indicating mass, building materials, and color of all exterior surfaces, including all materials proposed to meet the screening requirements of this ordinance. 3. Landscape plans, including the number, species, and size of all plantings. Page 34 0[g2 , Amended: 9/4/01 2 Amended: 6127/01 1 Amended: 1110/01 Effective 9/5/00 City of Centerville Ord. #4 4 Grading, drainage, parking areas, items to be stored, and utility plans. Accessory Structures Garages, accessory structures, screen walls, buildings, and exposed areas of retaining walls shall be of similar type, quality, and appearance as the principal structure. Exterior of Building All buildings shall be finished on all sides with permanent finished materials of consistent quality, per division 95, and Ordinance #44-A Permitted Encroachments The following shall not be considered as encroachments on setbacks subject to other conditions within this ordinance: Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences, except as hereinafter amended. Exterior Merchandise See section 135-140. Lighting See Section 135-040. Driveways ("I.) No driveway sllall be located within one 11undred (100) feet of any right-of-way line of a street intersection. Said distances shall be measured along the property line from the corner right-of-way line. (2.) Access drive onto cOlmty roads shall require a review by the City Engineer. This review shall be measured along the property line from the corner right-of-way line Special Use Permits As provided in Division 200 of this ordinance. Criteria for Issuance of Special Use Permi!. When reviewing an application for a special use permit the Planning and Zoning Cornrnission and City Council shall considered the following criteria: Page 35 of 82 (1.)lmpact on traffic. (2.)lmpact on parks, streets, and other public facilities. (3. }Compatibility of the site plan, internal traffic circulation, landscaping and structures with contiguous properties. (4.)lmpact of the use on the market value of contiguous properties (5.)lrnpact on general public health, safety, and welfare. (6. )Compatibility with the City's Comprehensive Plan. 3 Amended: 9/4/01 2 Amended: 6/27/01 1 Amended: UIO/O 1 Effective 9/5/00 City of Centerville Ord. #4 Signs As provided in Ordinance #39. Refuse 1. All premises shall be provided wittl, at owners expense, an adequate number of approved containers to hold the garbage accumulated by such premises. Such containers shall be made of metal or other suitable rneterial, shall be water tight, insect and rodent proof, al1lj shall be of a material not easily corrodible anel equipped with suitable handles and tight fitting covers and shall be kept covered when there is garbage stored therein. 2. Garbage and rubbish containers shall be placed at the rear of tile premises or in such a manner as to be out of view from the street. In no event shall container or their enclosures be placed or maintained in such a way to unreasonably inteiiere with the use or enjoyment of adjoining property. 3. All garbage containers shall be screened wilt-I a suitable enclosure. 4. Every garbage or rubbisrl container shall be maintained in as sanitary condition as is possible and shall be thoroughly cleansed as needed. If, upon inspection by the Administrative Authority a container is found to be ill poor repair, GOrcoded or other'vvis6 dofective the Administrative Authority shall notify, in writing, the provider or lIser of the container of the deficiency and shall require the repair or replacement of the container within fifteen (is) days. All container enclosures shall also be kept in good repair. Penllitted Uses A Retail sales and service, but excluding adult orientated bllsinesses. B. Automobile and motorized equipment sales and service, excluding salvage operations. Page 36 of82 C. Farm implement sales and service. J Amended: 9/4/01 2 Amended: 6/27/01 J Amended: ]/10/01 Effective 9/5/00 City of Centerville Ord. #4 D. Building supply sales and storage yards. E. Funeral homes and n101"tuaries. F. Day care centers. G. Hotels and motels. H. Full service gasoline sales and service. I Eating and drinking establishments. J. Financial institutions. K. Personal and professional business offices. L. Public buildings. l1li. Barber/Beauty salons. N. Commercial schools. O. Hospitals and clinics. P. "Jul"sing homes. Q. Commercial recreation. R. Animal clinics. S. Car washes. T. Liquor stores. Section 080-100: Industrial District (I-i).. Purpose It is intended that the 1-1 District provide opportunities for light manufacturing and p""" 17 "fR? 3 Amended: 9/4/01 2 Amended: 6i27/01 I Amended: 1110/01 Efl(:ciive 9/5/00 City of Centerville Ord. #4 industrial uses, trade businesses, machine shops and other more extensive land Llses. General Minimum Requirernents The following minimum requirements, as set forth tlerain, shall apply to all buildings that may be erected, converted or structurally altered in Industrial Districts. !"'ermitted Principal UsesfUses Permitted on Special Use Permit As provided in Section 080-'100 of this ordinance. Setback See Table B- Schedule of District Regulations Lot and Yard Requirements. In addition, side yards facing streets on corner lots shall be considered the same as front yards. INhere a front yard or side yard of a corner lot faces a residential district across a street, the setback from tile street shall be not less than 60 feet. Building height in Industrial Districts As provided in Division 115 of tllis ordinance Off Street Parking As provided in Division 90 of this ordinance. In addition to Division 90: 'I. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or larger. 2. Off street parking areas shall be surfaced with asphalt or concrete, and with permanent concrete curbs to define driveways and parking limits. Plans and specifications for parking areas shall be reviewed by the City Engineer, and approved by the City Council prior to construction. 1. All open street parking areas having more ttlan six (6) parking spaces sllall be effectively screened by a wall, fence of acceptable design, or compact hedge along all sides which adjoin or are directly across the street from the property in a residential zone or institutional use. Such wall, fence or hedge shall be maintained in good condition. Plans for fencing shall be approved by the City Council. The fence shall not be used for adveliising purposes. 4. Parking constructed to fall within the minimum setbacks: See Table A. Page 38 of82 3 Amended: 9/4/0] :2 Amended: 6/27/0] 1 Amended: 1/10/0] Effective 9/5/00 City of Centerville Ord. #4 5. Off street parking areas shall be so graded and drained as to dispose of all surface water. Drainage plans shall be subject to approval of the City Engineer. 6 Also see Suction 165. Buffer Zone Betweenlm:lustriai and Residential Districts Where the side yard of any Industrial District abuts a Residential District, the minimum side yard setback shall be 60 feet. Parking of vehicles will be permitted within 40 feet of the side yard line. All side yard areas not utilized for parking shall be landscaped with screening provided along the side lot line to within 15 feet of any public right-of-way Screening Requirements If the City Council requires any type of screening as a condition for a variance or special use permit, the applicant shall comply with the following conditions: 1. File a copy of the screening plans with the Zoning Administrator. 2. The screening, planting or construction, or both shall be complete within one year from the date of building permit, subject to extension by tile City Council. 3. The screening shall be maintained after completion. 4. A dollar amount of one and one-half times the estimated cost of planting and construction of the screening, shall be filed with the City in the form of a cash escrow or letter of credit. The cash escrow or letter of credit amount shall be forfeited to the City if any provisions of this section are violated. Landscaping A minimum of ten (10) percent of any lot shall be green space. Three (3) percent of the surface area of the land within a parking area shall be landscaped with grass and stlrubbery or other approved ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis. Green areas within abutting street right-of-ways will also be maintained by the property owner. Also see Section 160. Site Pian Site plans for all developments require special use permits prior to the issuance of building permits. At least the following information shall be submitted for review: 1. Site development plan. 2. Building plans, including building elevations, indicating mass, building materials, and color of all exterior surfaces, including all materials Page 39 0[82 'Amended: 9/4101 Z Amended: 6/27/0] I Amended: 1/10101 Effective 9/5/00 Citv of Centervi]]e Ord. #4 proposed to meet the screening requirements of this ordinance. 3. landscape plans, including the number, species, and size of all planting". 4. Grading, drainage, parking areas, items to be stored, and utility plans. Accessory Structures Garages, accessory structures, screen walls and exposed areas of retaining walls shall be of similar type, quality, and appearance as the principal structure. Accessory structures shall comply with all of section 080-100. Exterior of Building All buildings shall befinished on all sides with permanent finished materials of consistent quality, per division 100, and amendment #44-A Permitted Encroachments The following shall not be considered as encroachments on setbacks subject to other conditions within this ordinance: Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences, except as hereinafter amended. EJderior Merchandise See section 135-140. Lighting See Section 135-040. Driveways (1.) No driveway shall be located within one hundred (100) feet of any right-of-way line of a street intersection. Said distances shall be measured along the property line from the GOrner right-of-way line. (2.) Access drive onto COUllty roads shall require a review by the City Engineers. Special Use Permits As provided in Ordinance #39. Page 40 of 82 3 .1l.lllended: 914/01 2 Amended: 6/2 7/01 I A,mended: ]/10101 Effective 9/5/00 Ciiy of Centcrville 01'd, #4 Reful>e 1. All premises shall be provided with, at owners expense, an adequate number of approved containers to hold tile garbage accumulated by such premises. Such containers shall be made of metal or other suitable material, shall be water tight, insect and rodent proof, and shall be of a material not easily corrodible and equipped with suitable handles and tight filling covers and shall be kept covered when there is garbage stored therein. 2 Garbage and rubbish containers shall be placed at the rear of the premises or in such a manner as to be out of view from the street. In no event shall container or ttleir enclosures be placed or maintained in such a way to unreasonably interfere with the use or enjoyment of adjoining property 3. All garbage containers shall be screened with a suitable enclosure. 4. Every garbage or rubbish container shall be maintained in as sanitary condition as is possible and shall be thoroughly cleansed as needed. If, upon inspection by the Administrative Authority a container is found to be in poor repair, corroded Or otherwise defective the Administrative Authority shall notify, in writing, the provider or user of the container of the deficiency and st1811 require the repair or replacement of the container within fifteen (15) days. All container enclosures shall also be kept in good repair. loading facilities Loading facilities shall be in the side of rear yards. When adjacent to and/or visible from any public street, such facilities must be adequately screened. Storage For the purpose of this zoning district, car, vans and pick-up trucks parked (lutside and used by ernployees and/or visitors in the normal course of the business operation will not be constructed to be outdoor storage. Further, outside parked trucks and semi-tailers used in the normal business commerce will not be constructed to be outdoor storage; -j. Provided that the total number of trucks and semi-trailers does not exceed the number of docks and/or bay doors, and 2. Such use is not constructed as an operation listed as a conditional use in any industrial zone. Permitted Uses A Business and professional offices. Page 41 of82 3 Amended: 9/4/0] 2 Amended: 6/27/0] 1 Amended: I/] 0/0 1 Effective 9/5/00 City of Centerville Ord. #:.! B. Machine and repair shops. c. Construction trade offices and yards. o Manufacturing, warehousing, distribution, processing, packaging, assembly and research uses, except waste management. E. Indoor shooting/archery range and sales. F. Truck terminals. (Special Use Permit required) G Mini-Stora~(Special Use Permit Required).2 H. Kennels (Special Use Permit Required) Special Requirements The storage of supplies, products, vehicles, equipment or other materials shall be kept indoors unless totally screened from public rights of way and adjacent properties Adult orientated businesses are regulated separately by City Ordinance. Section 080-110: Publiclinstitutional District (17'-1). Purpose it is intended that the P-1 District provide opportunities for government facilities, schools, churcrles, hospitals, libraries and other similar public and institutional uses. PcnTiitt~d U$~it A Government buildings, structures, facilities, utilities, rights-of- way, easements, parks, open spaces and vacant land. B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. Section 080-120: Mixed Use District (M-1). Purpose It is intended that the M-1 District provide for the unique layout and character of a traditional central business district with retail, professional office, residential, and 2 Amended: June 27, 2001 Page 42 of 82 other illixsd uses. .3 A..1l1ended: 9/4iOl 2 ~4..mended'. 6J27/01 1 J..:mended.: 1/10/01 Effecrive 9/5/00 City of Centerville Ord. #4 P'ermiUed Us"s PL Retail sales conducted wi/hin structures, but excluding automobile end motorized equiprflent sales, truck stops, gasoline and fuel sales, drive through restaurants. B. Hepair and service conducted vvithin structures, butsxcluding autornobile and motorized equipment repair. G. Professional and business offices. D. lVlultipie residences and accessory uses. E. Accessory apartrnents. F Theaters and recreational busineS$3S conducted \,vithin structures. G. P!Jblic buildings. Spedal ,equin,rrlemt<> It is the intent of these provisions to elk.lw for fiexibility of land uses and exceptions to traditional d~rnensional standards, \-"vhen OHi8:- conditions and special requirements aI's met. These provisions are not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility of land uses. <3reater flexibilitv in zoning regL.ilations often leads to (ClOre subjectivity in land use il'-t.....l(rr-~tR~'inr1i'.'" in r~"l~::'ik!';t'l ~y\hif'\l1 J~c::.':.ric-ir.H',~ ~h",u,f k,~"",-.I I ,,]"'f-.~ ...........,'''-...,,..,..,,.;;/-.,;1:,(..., "_._~.,....l .. j'"j', ,J. H _,,'._, j''-'' __., J ...... .../.~ .__..".~ ...,'-"...........jV,...... '--'<l."-""'..H ''''=<1 '.....l \.h..J'-' ~""Wi ; q-'CilllJI/l Y ollu dimensional criteria for uses and structures, the City shail have broad discretion to protect the public health, safety and welfare; and to protect Ihe resid,,>ntial integrity of the Mixed Use District and surrounding residential neighborhoods Setbacks and lot coverage for new or expanded structures sriall be determined througll the Site Plan Review process Dy the Planning and Zoning Commission. (See Division 70) Factors to be considered in the determination shall include; but not be limited to, existing setbacks, structural appearance, site drainage, public access, pedestrian safety, automobile safety, intersection visibility, height, parking, landscaping and olh;:Jf site design factors. Residential dwellings shall not be prohibited or discouraged in the M-"j District. Page 43 of 82 3 Amended: 9/4/0 I 2 Amended: 6/27/01 1 Amended: 1/1 % 1 Effective 9!5/O0 City of Centerville Ord. #4 Tr16 use or conversion of a residential structure for comrnercial use, oIlier than a home occupation, shall require Site Plan approval by the Planning and Zoning Commission. Factors to be considered for S.uell a use conversion include, but are not limited to, compatibility with adjacent land uses, structural appearance, structural adaptability, investrnenl relationship, term or length of conversion (interim or permanent) and consistency with allY land use plans prepared by the City for the Mixed Use District. The ar'chitectural desiGn and exterior building materials Llsed in connection with any new or expanded use or structure shall be consistent with any architectural design or aesthetic contml requirements established by the City for the i\ilixed Use District. Division 85: Zero Lot Lines In new residential subdivisions in IV1-i, R-2A, R-2, R-:3 and !i:-4 Residentiai Zoning Districts, structures may be arranged to include one (I) zero Intline provided that no windows or doors open on !iiis side of the structure. The appropriate setbacks apply. Division 0t~: P<iir~inq Reql5irementl> T~re following table illustrates the minimum number of par-king spaces required fO!' various uses permitted in the Gil]!. The City may madiIl1 minirnLiIl'1 parking requirements in the lVi-I District, as part of tile Site Plan Approval pmcsss, if it is cleterrnjn9c~ that the use is consistent \Nith the purpose of the diSh-jet and SIceet parklng is sufficlent to accornrnodate the use. U~:se~ ~ih~h'r~inn PiEl~ck~n(~ f~equked Resid&(iliai.. . C' 'h nurc es .... . 2jdwelling unit '1/3 seals in largest assembly ,'... Hcloassroom plus '1/3 seats in largest Schools..,..... assembly Theaters. ..,...,>> ..113 seats Restauranis .... ,... .... ... '1/3 seats Offices...... '......,........ :5/1 ,000 square foot gross 'fioo( space Retai! .....'..."............. ,..6tl ,000 square foot gross fioor area Convenience Slores , "...,7/1,000 square foot gross floor area Page 44 of82 3 Amended: -9/4/01 Z AJllelld.ed: 6/27/01 1 A-.lllenUed: 1 /l 010 1 Effective 9/5/00 General Services Trade Businesses Manufacturing........ ............. Other Industrial............. Car Washes ....... ....... Drive-Up Restaurants ............ Cily of Centerville Ord. #4 ... 4/'1 ,000 square foot gross floor area ..... 3ti ,000 square foot gross floor area .....3/1,000 square foot gross flool' area ...... 3/'1 ,000 square foot gross floor are ... 5/stacking per bay ..5 Stacking plus 'jj;] seats Divi:siolfi 95: Cmnmercia! Exterior Eluiidiml Materials Except; as olllerwis,,, regulated herein, the exterior wall surfaces of all new or expanded commercial buildings shall consist ofrac8 brief<, finished blocl, or other textured masonry product approved by the Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved by the Planning and Zoning Comrnission provided the following findings are met: A. The combination or exterior materials is used as an architectural oompliment to the structure B. The combination of exterior materiais used is not inconsistent with the quality and appearance used on similar' buildings in the same zoning district or neighborhood. C. Site conditions limit public exposure to certain exterior surtaces v~11ere rnasonry products are not proposed. D. An exteriorvvall (flay be ternporary and a future expansion area of a structure and be subject to rernoval or redesign as an iilh::lrior \IvaI!. Buildings ans nsqulred to have contrasting archiiecluralfeatures and mList IJe designed to be aesthetically pleasing. DivisionW0: lnd<J<ltri<ii E,,10rlor 8!.Jih.iillr.j i\jjalerial", Industrial buildings are required to be constructed of brick, decorative block or approved textured masonry pmduct. Pole barn type buildings are not allowed. Buildings are required to have comrastlng arcllilectural featllres and must be designed to be aesthetically pleasing. !JjVi5i,iI1 "m5~ Fem::es P./;l"P<.J.-'\ ,..f'W) 3 P..mended: 9/4iO 1 2"~nended: 6/27J01 1 .Alnended: 1/10/01 Effective 9/5/00 City of Celltervi.ile Ord. #4 A. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that said fence mail be erected on the property line of the !.espective properties. Such an agn"emenl shall be submitted at the time of building permit appiication If the adjoining property owner does not agree to the erection of such l'ence, [he fence Shall be set back 8JIlinirnuI1l of two (2) feet frorn all lot lines. No fence oirler than a decorative fence may be constructed along the side lot lines of a residential lot between the streel and the front extension of the dwelling Ilouse. As used herein, the term "decorative fence" means a \!VoDel vertical post and wood horizontal rail fence with no more than three (3) rails or a wood picket type fence with at leastlwo (2) inches of open space between each picket. 8. i'Jo residential fence may exceed six (6) feet In lieiglTt and no decorative fence in the froni yarel may exceed thiriy-six (36) inches in Ileight. Fencing in commercial/industrial zoning shail not exceed eight (8) feet in height c. An fences shall be constructed and mSifitalilec1 !n a substantia!, workman!il,e manner and of rnateria\ reasonably suited for the purpose for which tile fence is proposed to !)e used. Every fence shall be constructed so that the side containing the framing supports and cross pieces race Hie interior of tile fence owner's lot. ,!l,ny fence 'NIlicll cloes not comply with tile provisions of this Section or which endangers 'r'.A '~llhl,. r q~f~hi hQ;.::llth ,~.,. ,,'H~lf.~V',_~~I...,.~lI ,....~~'""':,_~c;~i,__,_,-::._t ";,. ~,I_' ~.i .~.'. .' '_""" _'_..I, ..~_,~,. '--'. ,.~"....,,..., ";11<':~11 i-Jv v~..II';;':::lUC;i,""U '- pubiic nuisance. Be;c't~iOn i05.,(1l''H}: 5na,v~f...St0iP Feii'l&~ng" Snovv-stop fencing rnay !.")8 used iroiY] November 'j to Aprii i. No pennit sllai: be required for temporary rencing Sectkm 'W5-iCl2e: Eiectrk iJind 8m'bed \Nine Fefoce, Electric fences, hog wire fencing, barbed wire fencing, and similar fencing will nol be allowed e)(cept in the R-1 District. SecHonl~15=GJO: VhsiJJa~ Ob~trrL.l(;'id'on~" No fence rfl2iV be erected 'vvhich creates , P-;4O""", .J.,c, nF i~/} }P-..mended: 9/4/01 :1 Ali.1enued: 6/27JOI 1 ;l,.:n.l'=lide.d.: 1/10/01 Etfe\~tive 9/5/00 Ctty ofCentenille Ord. #4 visual obstructions at any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement Section 105-040: Swimming POOl Felidng. No prh :le swimming pooi with a water depth exeeeding twenty-four (24) inches may be allowed unless enclosed by a perrnanent \i\/ali or fence not less than six (6) feet in height vvith self-dosing door and seif-closing latch, Diifi;c;icmHO; Si{Jr; Riil'tlUiiltioms SecHoni'W-Q'j:[I: G.ane,al Pmvisiom;. See Ordinance #:39. !]hfisiO!fl "!'15: }l'eiQl1t S~3ctk)n '>~ ~~5=iD"H]: OVlja~~~ng$" i\lo d\;velling {)( i)H'I~.3r builcHng rnay be erected to a heigl-'n exceeding thirty-tiv8 (35) feet 'without the issuance of a Special Use Pernlit. 'Secl:ion 'lii5otl2u: !:Ul:llSS Height on ii!i Permit Uponlhe securing of a Special Use Permit any building mav be erected to a height exceeding that specified fOf the respective district providing: ,4_. .1"I"e' 'f'I'n','I'; "6'.r ~I"<~""'" .~I'd'- ~'.lal'l "c l.r"lc,'o'"~e' ... u""'~ (' 'I ','h"I" ,. 'U ,1.1! ;:;j a ....~ '-'1..1'-" Y(..1<..~ ,:;, IJ\.> ,<;;;;C!"" U III::: i ,Uv rOf each one ('I) foot by Wllich the buiiding exceeds the height limit estabiished for such district; and P<_. The structure is 8(j~J tl"'i6 fC-ikYvtlh t8. t6tENlStOn and (adio tovv'crs; church spires, bellrje~; cnonurnents] tanks, \ivater and nee to\!v'6rs, grain elevators; stage tovvers and scen6ryiotts, cooling tov'iers, ornamental towers and spires, chimneys, elevatof bulkheads, smokestacks conveyors, fiagpoles, silos, and air conditioning and heating units; and \j 1\30 lower', gabie. spire, or similar structure shall be used for sleeping or eating quarters or for any commercial purpose e)(cept one ('I) incidental to the permitted uses of the main buildinq v 1_ Page 47 of82 Diviskm 12u: Vim;:!"" 3 A~llellded: 9/4/01 :2 ?...Ine;Uded: 6/27/01 1 Amended: lIlO/Ol Effective 915/00 City of Centerville Grd. #4 Section '12Q-010: General Requit&!lumt:!L The minimum depth of front yards, I'ear yard and side yard for each District shail be as defined in the Schedule of Regulations and conform to the following additional regulations: A. Ail structures, whether aHached to the principal structul"e or not, and whether open or enclosed, including porches, carports, balconies or pistforms above normal grade !evel shail not project into any minimum front, side or rear yard; and B. LCt5",",hdHiiBU::C~R~6-fi~&ti'~ffii-i&~d:) tioe ~li;;g~~ af8fl\r8~€it -gea~~~~ e~li R€~49>~j~~~iffl5e-5ig~"€!--s:3~aGI", ~i3"~1~ B. Lots which abut on more than one (1) street shall provide the required f(ont lIards alon>] eacll street for the prineiDal structure. Side liard setbacks fm an accessory buildino wil! appjv to the frontaqe that is not considered \0 be the required front val'd; and j C. Any principal structur:3 situated on lands contiguous to 01 abutting any portion of the public lakes in Cenierville shall maintain yard setbacks of seventy-five (75) feet from the lake, this may be considered the front yard setback. Whel-a adjacent structures ilave yard setbacks different from these (equji~fnonts, 'i:rls llljnimurn setlJacK troin the lake sllall be the average setback of such adjacent structures to a minimum of fifty (50) feet; and D. The minimum side or rear yard depths for the following 1l01l- I-esidential structures or uses which abut any lot in allY Residential District shail be: 1. Olr-street parking spaces S\llci access drives for ncn- residentiai uses - Twenty (20) feet; and 2. C.tlurches, schools and public or semi-pubiic structures 1 P..mended: JfHlU1J'(V' 10, 2001 f,__~.~ ,iD _i::"n,-\ 3 ..-'\mended: 9/4/01 2 Allltnried: 6/27/0 1 1 Amended: 111 O/Ol Effective 915/00 City of Centervil1e OId. #4 - Forty (40) feet; and 3. Recreation facilities, entertainrnenr facilities, all business uses and all industrial uses - Sixly (60) feet 5el;iioi1'120..tl:20: Cmi"ipu.lt!i1g fu.tmt Y:i.iirds. For the purpose of computing front yard dimensions, measurements shall be taken from tile nearest point of the front wall of the buildino to Ihe street right-of-way line subject to the following qualifications: A.. C.ornices, canopies, or ea.ves rnay extend into the requinsd front yard a distance not exceeding two (2) feet, six (6) indles; and B. A landing place or uncovered porch may extend Into the required front yard to a distance not exceeding six (6) feet, if tile landing place or porch 1188 its floor no higher than the entrance floor of the building, An open railing no higher' than three (3) feet may be placed around such place; and C The above 'enumerated architectural features ma)1 also extend into any side or rear yard to the same extent, except that no porch, terrace, 01" outside stairway sr,ell project more U18n three (3) feet into any side yard and then, in the case of an outside stairway, only if it IS unroofed and unenclosed above and below tile steps. In no case shall a porch, stair landing, or ariy oUler archjtectural feature extend closer U'"ian fC:J; (4) fsst'to U!~ 5~,d6 prcJp6dy iii'18; dr iU D. On a comer lot in any Residential District, noUling shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (21/2) and ten (10) feet above the centerline grades of the intersecting streets in the triangle bounded by the street of the lot and a line joining points along the street lines fifty (50) feet from tile point 0'1 the intersection Section 1:;N:QJ30: Erection eli' Mon, ihlJlril Om~ Principal SimG~tli"e on lot in any district, more than one strudu(i= hOLlsing a conforming principal use may be Page 49 Df 82 I J .Amended: 9/4/0 I :;: i.mended: 6/27/01 J Amended: 1/10/01 Effective 9/5/00 City of C.enterville Ord. #4 en3cted on a single lot it yard and other requirements of this oidinanca are met tor each structure as though it were on an individual lot Required on-site parking space shall be provided on the same lot as the principallJuilding or use, except that combined Q( joint parking facilities may be provided for two (2) or more buildings or uses in commercial districts and in industrial districts, provided tllat the total number of spaces is not less than the sum of ti,e requiiernentsfor each building or lise, The proposed joint parl{ing space shall be within four hundred (400) feet of the entrance of the use it will serve. A properly drawn legal instrument, approved by the City, executed by the parties concerned, for joint use of the off-street parking facilities shaH be fiied with the County Recorder's office Division '125: Periorm,ulc& Stanctan::!s Ever'} use permitted by this ordinanCe'! shail be so established and maintained as 10 comply with the provisions of this section. The Council may require the owner or operator of 8 use permitted by this orclinance to provide such tests or investigations by an independent testing orfJanizatlon satisfactory to the Council as are necessary to show compliance wllh these standards. The cost of such investigation and lests sha!! be shaied equally by the owner or operator and the City unless the results disciose non-compilance wilh these standards; in that event, the entJr'8 cost shall be borne by the owner 01' operator. This provision does not preclude tile City from making any investigations and tests it finds appropriate to determine compiiance with these standards. Qivisil:m 'a::m: Oi1~5iil:", SeWiiifj<tl Treal:~1rjifmj: Sta.ldaru$ l-'n,,- i'.l~'a' II.-'l',.-,r --'I.ld' ""'n'~I.'.' O.T'" l.r'O'I."I'dl ''''1' v. "'I.t,,,, "'~\'''''r .."'''.t......... '-1'1""1'\. I'"'' '.'.1 I . .t ~.. ., G ,t.,) I 1 Cl '~~l'd I J ...:let Ul t-".., '-' ....CJ,,;C ~y"", C:lll:-:l;;.'l ..... >.J'-i corr'iplianc8 vvjUl !\Jllnnesoia Pollution Control AgenC:l F<ules, Chapter "7080. A. Permit Reqtlired: pump an on-slle perrnit. l'~o person shall install, repair, aiter or sewel' system without first obtaining a B. License Required: installation, repair, pUITlping and hauiing of private on-site sewer systems requires licensing per IVIPCA Rules, C[lapter 7080 as administered by the County. 1_- Page 50 oni2 3 Amended: 9/4/01 2 A.ll1ended: 6/27/01 I Amended: 1110101 Effective 9iS/OO Cit:'f of Centerville Ord. #4 wlvisiml 135: i\iui$i1iIlGi/:l Sta"d""ds Section i35~10: Odo,s and Emh;,;,k,m." Odors and emissions trorn any use: shall not exceed this regulations set torlll by Minnesota Pollution Controi Agency Rules. SilcCtth:m '135..010: iJm'lt illnd P21rtiGl1iaIe. Oust and particulate rneUer fmm any use shail be WI compHane,s with and regulated by Minnesota Pollution Control Agency Rules. Section '!35-0JO: 1\]01;:;" and Vibratioi1$. Noise and vibrations generated from any use shall be in compliance 1Nilh and regulated by Minnesota Pollution Control Agency Rules Section 135-040: (,!ara, Direct or reflected glare, such as from flood-lights, spotlights, or tligh ternperalure processes, and as differentiated from general illumination, shall not be visibie beyond the site of origin at any property line. Any lights used for e:cterior Iliumination si1ali be directed away from adjacent properlies. Section '135-050: Wnste, All waste ,;Jenerated from any use shall be managed in compliance with and regulated by Minnesota Pollution Control Agenoy Rules. Waste generated on any premises shall be kept in containers designed for waste collection and stored in a structure or within an approved enclosed m screened area. The accumulmion, storage, processing or disposai 01' waste, compost or recyclabie il1aterials on any prenlises, \fvhich is not generated on that prernis~~s, is prohibited, except as specifica!ly provided in this Ordinance. Sect~on "~,35~060: Sg'no~{e. Sriloke shal! be ITisasured at the point oi: ernission by using the Ringelman SmOI(8 Chai~( published by tile United States Bureau of Mines in Circular No. ";7'18. Smoke not darker or more opaque than No. 'Ion that chart may be emitted except that smoke not darker or more opaque than NO.3 on the chart may be emitted for a period not longer than four minutes in any thirty minutes. Ti,ese provisions applicable to visible gray smoke of a different color but with an equivalent cepacity. Sect~of~ -~35",070: FUITaes ~r G@5~$~ Furnes or gases shan not be ernitted at an~l point in concentrations that are noxious, toxic, or corrosive. The values give in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for Page 51 ofg2 3 Amended: 9/4/01 Z A_mended: 6/2 7/0 1 1 i!"mended: 1/1 % 1 Etfective 9/5/00 Ciiy ofCenterville Ord. #4 eight (8) r'iour day, five (5) days per week), Table III (Odor Thresholds), Tabie IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposure to Substances Causing Damage to Vegetation) in the latest revision of Chapter 5 "Physiological Effects" that contains such tables, in the "Air Pollution Abatement Manual" published by the Manufacturing Chemists' Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration and amounts. The City may require detailed plans for the elimination of fumes or gases b,9fore the issuance of a Building Permit. Section 13!l-080: Fire H~z1iird$o Any activity involving the use or storage of flammable 01" explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of such materials. Such hazards shall be kept removed from adjacent activities to a distance which is compatible \!\Iith the potential danger involved. Section 'i35-09!l; j;k PO~lutior;. Every activity shall corrfonn to stms legulations reiating to air quality standards and air poilution control. Section 135-100: Radl,ladivit!! or Electrical Disturi:lance. No activity shall emit dangerous radioactivity at any point or any electrical disturbance adverseiy affecting the operation of any equipment at any point other than that of the creator of such disturbance. SeGtjon 135,.1 "!O: iE}(pk'",ive5. Any activity or operation requiring the use, storage or manufacturing of explosives sheil be iocated no closer than five hundred (500) feet fnJrn any residence, provided further that the location of said activity or opisration is such that damage from explosion, including flying debris, VIbration or sn1oke~ is iin1ited to the sjh~ on vvhich tile activity or operation is p6riTiitt6d. S;f.:C't~(;'n 'L$5u;'~ .20~ Burruh~g~ ~\jo person shall start Of alio'ViJ an~i open burning on any property in the City v>lithout first having obtained an Open Burn Permit. Any person setting a fire 01' burning anything in tile City shall do so following City Fire Depaliment, Department of !\Jatura! Resources and Minnesota Pollution Control Agency Rules. Recreational fires three (3) feet x three (3) feet are allowed. Recl'eationaifires must be actively attended by a responsibi,s adult. When the fir.e is abandoned it must be completely extinguished. PaQe 52 of g2 3 Juntnded: 9/4/01 :;; ..d.,jnended: 6/27/01 ! Amended: !/lOIO l Efl:ecti':e 9i5/GO City 0f Centerville Ord. #4- Sectkm H5430; Bulk SWrSige. The storage of ail bulk liquids, fuels, chemicals, and gases shail be in compliance with and regulated by Minnesota Pollution Control Agency Hules, Minnesota Slate Fi,'e Marsllai rules and the iViinnesota State Building Code. Section -j35,~14(J; Out:;;ide Slani!;!)e, ,"',II produCts, materials and equipment, (sxcept as specificaHy provided in this Ordinance) shall be stored vvitl1in permitted structures) except for the follovving: t:{esidentiai Districts and Dweig~ng Uiii~s In the M,.1 Di:strk:t; A. A,gricuJh.wa! products) equiptT"lent and appurtenances o\:vned by the owner of the property and used on the property on whicl'l they are f(ept; and B. Pel! licensed and operational (notor vehicles shall be parked on the permitted driveway area. Any non-licensed, non- operational \fehicles must be stored in an enclosed structure; anel c. 1\ jTlaxirruJI1l of tVIiO (2) of U-:i8 follovving units nia)! be stored outside of a structure for more than rOl1y--eight (48) IIOUrs on any residential parcel provided they are stored on tile permitted driveway area outside of tile roac! right-of-way or are in a side or rear yard_ p" iic(~nsed motor 110me or fifth vvheel trailer is allO',Ned in a side or rear yaff.l .j. Boat Camp~r Motor hOine Sno\lvrnobile's Personal watercraft Personal Utility Trailer lee House Sma Ii construction eqLllpm8nt 2. h ...;, 4. 5. 6 7 , . 8, j\jone of the above 111entioned iterns (nay have an Qverall length from front to bael, in excess of thiny-five feet (35'), D. C~othGS linesl antennas, air conditioners\ outdoor grills, play Page 53 of82 equipment, ornaments and monuments: anci 3 .A..mended: 9/4/01 2.Amended: 6/27/01 1.1i.,Jllended: 1110/01 Effective 9JS/DO City afCenterville Ord. #4 E. Temporary storage of materials and equipment during construction and landscaping. Commiil)n:;i"mmJJustri<il1 Districts: Storage of products., l1latecials and equipment, exciuding rubbish or junk, which is necessary to an approved business operation in a Commercial Or Industrial District, and which is completely screened from adjoining properties and rights-of- way. Outside display of vehicles, equipment and merct18ndise for direct sale to consumers when such outside display is customary and necessary to the trade and is a permitted use within the zoning district The Site Plan Review process is required to determine the appropriateness of the storage or display proposed, surfacing ,"squired for U'le display area and any additional landscaping or screening which may be required. See Division 70. Division '140: Sm1ii3l,:eWaterMaw'i!iem\!ml Storm water shail be managed in accordance with the City's Surface Wate," Management Plan, National Urban Runoff Program (1IlURP) standards for the design of new storm water ponds and tile Minnesota Pollution Control Agency's, Urban Best Management Practices, titled "Protectino INater Qua/itv in Urban AreasU. niSea standard shall be applied to tile review of any proposed development occurring to reduce non-point source pollutant loadings in storm water runoff. Existing natural dr31nagsv.lays) natLlral vlIater storage or n:3tentlon areas? and vegstJtGcl ~30i! sL:rrzc3s Sf";CLl:d ba Li3&G t;.:~ th~ Qi.'6dl:Gsi c)d~(ji. pO:jsible tu BrUIt.;, fHter anc! retain storm WEiler runoff before discharge occurs into any public waiers When natural features and vegetation are not available to handle storm water rUllO''!', constructed facilities such as diversions, settling basins, skimming devices, dikes, and manmade waterways and ponds lTIay be used. Preference shall be given to designs using surface drainage, vegetaiion, and infiltration rather than buried pipes and manmads materials and facilities. Development should be planned and conducted in a manner tllat will minimize tile extent of disturbed areas, I"unoff velocities, erosion potential, and reduce and delay runoff volumes. P~I{}2 <:;:d nf ;'1") 3 Amended: 9/4/01 :1 Amended: 6/27/01 j ft~l1ended: 1110/0 1 Effective 9/5/00 City of C~nterville Ord. #4 Division 145: Wetland PmtectiiJl1 ",lid MilIl1ag",ment In accordance with tile Wetlands Conservation p..ct of regulations sl'lall apply to wetland areas: fjC<l'2}"'J 1;J""'l, the following fl., Permanent natural buffer areas and appropriate erosion control measures be taken surrounding vvelland areas to prevent sedimentation of the wetland; and 8, Wetlands may not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value, VVetland encroachment must be guided by the following principles in descending order: I. Avoiding the direct or indirect impact of the activity that may destroy or diminish the \!vetlancl; and 2. Minimizing the impaGt by limiting lrl& degree or magnitude 01' Hie wetland activity and its implementation; and " v, Rectifying the impact by repairing, rehabilitating, or restoring the affected vvetiand environment; anrJ 4, R,sducing or elirninating th6 irnpact OVel" rlloor,,;;\ hI' ~"""'.'~'''''~i'~'''':_~';';~';''' _~,,~.....J ,,~........;,_:,-,-~,,_,,_._ ,d'j,-, ''"''.}' r--......-''-''J V Uti I....; I \ o::lil\~i IlidllllCliGlIII...C: operations during the life of the activity; and J. Replacing 01- providing substitute wetland resources 01- environments. Dhf~sij(jn -~ ~n~ V\ii[j:.0~je,Bt~'nd P~":es~rvatfio~'] In residential areas, structures shall be located in such a {nannar tJ'!at the maximum number or woodlands shall be preserved, if large numbers of trees are cut in residential areas, trees shail be replanted in a density and manner P;H~.f: ~~ of g2 3 Amended: 9/4/01 :2 ....i.:inended: 6/27/01 ] A-nended: jIlO/OJ Effective 9/5/00 City of C<.;nterville Ord. #4 satisfactory to the City Ceuncil. Clear cutting of woodlands for non-agricultural purposes is prohibited, unless the action involves a utility or (Gadway, required by the public, and includes a reforestation plan required by lhe City COLlncil. Di\lisiOri 155: fn::ilskm and SI'ldimei1tatioil Contml No land occupant 0;- developer in the City shall cause or concluct any land disturbing acilvity which causes excessive erosion or sedimentation, or which results in damage towaler or soil resources, All development in the City shall conform to tile natural limitations presented by the topography and soil types in order to minimize soil erosion and sedimeniation, Erosion and sedimentation controls shail be.consislent with the MPCA's, "Best fvlanagement Practice" land ,jistlirbing activities shall occur in increments of workable size such that adequate erosion end sediment controls can be provided throughout all phases of the development. The smallest practical area of land shall be exposeej or otherwise disturbed at anyone period or time, Areas where natural vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies, wetlands, \.ivater courses or neighboring properties shall be staked witli silt fences ane! straw bales, Oiviskm 1St!: La,'ldsc,min!1! Section 'ISO~01iO: Minimurn t"CIliil.1tmes. All new development activities, including site modifications or use intensifications, shail be subject to landscaping improvements The following lable illustrates guidelines witllin eacli zoning district: D~$i~~~;t I (vvek.~tiDtri Tn&~~ I Fi::'jU?~iLta~lliOn P~ail1~ings4 R-1 --1 2 trees/unit/street froril2Qe1~--=-l none ______ R-2, 4 & 5 12 trees/unit/open space exposure2 I None R-2A i 8 trees plus 2 treesfunit3_ . i none 8-'1 r 8 trees or '1J3000 sq, fL site area'" "1/'10 ft building 8, parking I ---I area .' Page 56 of g2 IVI-1 3 Amended: 9/4/01 2 A..mended: 6/27/01 1 Amended: ill % i Eftective 9/5/00 Citv of Cc-utenrille CId. #4 1[8 trees or "1/3000 sq. ft. site area5 II mo it. building & parking 1 area 18 trees or '1/3000 sq. fL site area5l. 1/10 ft. building & parking I area Ii 8 trees or 1/3000 sq" ft. site area5 I~/:~~ ft building.& parking I dIce.! p-"j 1-'1 2 Trees shal! be deciduous and planted at the boulevard, except on cul-da..sacs v"here one of the required trees may be planted off the boulevard but in tile front yard area . Trees shall be deciduous. Unit exposures wittl street frontage shall be planted at the boulevard. Tree spacing must include tmes at the boulevard at rninimum fifty (50) foot intervals. Tile caiculation for U"le number of foundation plantings is based upon one ('I) planting for each lineal foot of building perimeter and parking lot perimeter. Plantings may be group,?d (ather than dispersed at ten ('10) foot intervals. The (equired number of trees is based upon a minimum of eight (8) trees or one ('I) tree per three thousand (3000) square feet or site area, whichever is greater. Tree spacing mllst include trees at the boulevard at minimum fifty (50) foot intervals. 4 5 Sect~un >~ t)O~02i]: ftji~n~rraj[1I1 Standanj5. A. (J\j;:::rslorv I rees: 1. Deci,:juous Tu-eei3: 1,,0 and one half (2"1i2) inch caliper planting size, balled and burlapped. 2. Congf~l(ou$ 'rns~$: Six (6) feet Hl height planting size, balled and burlapped. B Foundation Plantinqs: Coniferous and deciduous shrubs shall be planted at a minimul'n of one-third the mature spread and height of typioal growth habits. Page 57 of 82 :} .Amended: 9/4/01 2.A-.1nended: 6127/01 1 P...mended: UlOlDl Effective 9/5/00 City of Centervil1e Ord. #4 c. Boulevard Trees: All boulevard trees shall be hardwood shade trees or flowering trees. o Overstorv Mix: When multiple quantities of overstory trees are required, at least seventy-five percent (75%) of t~le trees n:;quin~d shall be rjeGiduous trees. E. Hardiness: /".il lanl1scape inateriale proposed shall be consistent with Minnesota Hardiness Zones, whether indigenous or foreign. Plant species must all be tolerant to snovl! storage, exposure to salt and sun scald in parking areas. i- Diversification: in any cleveloprnent in which at least eight (8) ovemtory trees or foundation plantings are required, at least three (3) varjeties of boulevard trees are required on each side of ti,e block. (:, ~. Warranty: warranted planting. All required landscape materials shall be for gro\tvth for {3 nlininlUfYl of t\iVO (2) years after Oivh'!iicm '!!'lS; Otf,Sti'eet f'arkil1q Wilen a building Is enlarged, additional off-street parking shail be required only witll respect ta the additional usable floor area. Parking spaces may be located on a lot aU-ier than that containing the principal use with the approval of the City Council. Secttson "~ij5~G'H)~ 'Cl~8i~]ge ~n F~'t;~n[h~))s"Ptn Gff-stl-.set paddn{J area shall not be changed to any other use until equal facilities are provided elsewhere. No parking area used or designated in connection with a building in existence on the effective date of this ordinance shall be reduced to provide fel/ller than ths minimum number of parking spaces required under this Ordinance, Sectioll 165"02u: Gff~Stre",t Parking and Loading Z0I1<1$. No building shall be liereafter erected, substantially altered, or its use changed unless off-street parking and loading spaces have been provid.9d in accordance with the provisions of this ordinance. The Ilumber of off-street parking spaces provicled shall be at least the minimum number provided in the schedule contained in this Sectioll. FaQe S8 of 82 3 A.111ended: 9/4/0 I 2.olJ.l1ended: 6/27/01 I .J..:mended: 1/1 % 1 Eflective 9/5/00 CilY ofCenterville Ora. #4 Si!>c[ion '1 65-u30: Off"5tri:l8't Loading, A loading space shall have minimum dimensions of not less th2ill twelve (12) feel in "vldth, fifty (50) feet in length, exclusive of driveways, aisles, and other circulation area. One (I) off-street loading space shall be provided ane! mainlalned on the same lot for each commercial and industria! use requiring regular deiivery of gooc15 and having a modified gross floor area of more than ten thousand (10,000) square feet. One loading space shaH be provided for €lacl"1 additional twenty-five tllous;;md (25,000) square feet or fraction thereof No off-street loading space shall be iocated in any yard adjoining any residential use. Required off-street loading space shall not be induded as off-strc"et parking space in computing required off-street parking space. Vailidss utilizing such loading space shall not project into the public right- of-way SeiCtion '!!l5.!Y4!l: l~f$icti<:;n"l Space. When an application of the standards of tills Ordinance V\litll respect to number O'f off-street parking spaces results in the need to provide a fractir)n of one ('I) space, anyrraction of one-half (1/2) or less stlall be ciisregarded and any other fraction shall 06 COllstrU6G as one ('I). Section Hill-iHiO: Uses Not Mentiml<lct For any use not specifically mentioned In the sci"leciule of off-stree:: parking and loading requirements, the number of spaces required shall be that requir8d for that use named in ihe SChedule which is determined by the Planning Cornrnission to be most similar. Section .j~ll:.,Stij: Spaces f<0f Ftlve or ,'!m:m, ,~utomvbiie5. Parking areas cons~sting of fiv'e or '(nore off-street parking spaces sh.all have individual spaces $0 rnarked and st1all be so designed: rna:intained and nsguiated that no parh::ing or JTlSH1GUVsring incidental to parking shall be on a.ny public street) \ivalk1 or alley and so that anv vehicle nlay be par;<~~d end unp8f\<'Gd \J,/ith\~Ut lY10\riHg another. Seciacn!l .~iM5....01~j~ IH1qp(GiVi6;{{Il'1;frt ;Bind wh~~rrteniVJnce. Required FJarking and loading spaces, to!Jether with driveways, aisles, and other circulation areas, shall be improved in such a way as to provide a duralJle and dust-free surface. All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such 'Nater onto adjacent properties or walkways. The owner of any parking or loading area shall maintain the area in good condition without holes and free of all dust, trash, an(j other debris. SGct~Qln 165""'uaO~ ~~cce$s. AJi off-street parking aress shaH have access 'fn)fn driveways rather than from pubiic streels, said driveway access shall be limited to Page 59 of 82 twenty-four (24) feet in width at tile public street line. 3 ?..mended: 9/4/0 1 2 Amended: 6127/01 1 J:..mended: 1/10/0l Elfective 9/5iOO Cily of Centerville Ord. #4 Division HO: Buik!!!"!,. Nurnbers :Section 'J1'i'I-ul(J; Numbers RequiriSu" It shall be the duty of the owner, leaser, or occupant of every house, industrial. commercial or other building to have proper house or building numbers either by airixing to said building such numbers in metal, glass, plastic or other durable material. The ilumbei"s shall not be less !r"i<3n six (6) !nOnes in height, in a contrasting color to the base, and so placed to be easily seen from the street. Section '171)-1>>::20: Alternative Disph:l.Y" In those cases where the principal building is obscured frorn view from the street of address by accessory buildings, trees, shrubbei"Y or other visual obstruction, the numbers shall be displayed from a permanent mounting on It''le propeliy so that they are clearly visible from the street of address. Division 115: Spmi:!'1g,jA.thieih:, and ~\,;'Iusic :Events Sporting~ athletic, 8H~id lnusic concert events, as defined hereii\ snail be penTiitted by Special Use PenTlit in the Residential Districts of the City of Centerville, subject to the following requirements: Ad Sporting! athletic, or lTIusic events shail be defined as the conducting of such evenls by Individuals, non-profit or pm!it organiz8tiof'lS, palinerships or corporations \iVrlerein participants and/or patrolls are charged an entlY l:ee for U"'!8 right to participate in such event andJor cornpete for '''''''''._.~''I.:::-.-j-.C:Jn.i ",. n.,"-,'--......;......<::"~....,j.,c:'-_ ~.-:'"'7'.-_...' ;e".._.,,--. -'--.'~ ---<'.-' .-.~".._-." :.-.,.,' "..J !, ;L:. ,',-,~___, y ......, ",t:"., v' lUllwl.:o'CO I-'ll,,-vv. uLlv; I ~V"-;:lll;;:, '='lldil Ii lL;IUub, but not be limited to, softball, football, \lollayball, broombali, ice or field hoci,ey, tennis, basketbeil tournaments, Dr outdGOi" music; concerts; and '" d Such activities s!lall be considered a Special Use within all Resiclential Districts of the City and stlall {"equii"8 a permit therefore. The City shalll18ve the right to make provisions in such pei"mit for insuring public health and sanitation, traffic regulation, noise and littsI' control and regulation on the number of events that may be conducted on a speci'fic site. Page 60 of 82 ~ 3 Amended: 9/4/0] 2 Amended: 6/27/01 1 Amended: ]/10/0J Effective 9/5/00 City of Centerville Old. #4 ,!Jivi5Don 11$0: P!armed Unit Developme!"ts IPUDs! Sectioill 'l i"H1o(j'! lJ: Objectives. To help encourage a more creath!a approach to the use of land, departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of Planned Unit Development Option to achieve: Slwbd. 'I: S\UJbd" 2~ SubdL .3: ;Subd,4: S.Jbd, A maximum choice of living environments by a!lowing a variety of IloLlsing building types 8n,j permitting an increased densil)t per acre and a reduction in lot dimensions, yard, building setbacks, and area requirements; and A i110re useful pattern of open space and recreation areas and, if perrlliiled as part of the project, more convenience in the location of accessory commercial uses and services; and A development pattern which preserves and utilizes natural features, trees and other vegetation, and prevents the disruption of natural drainage patterns; and A rnOfe efncient use of land and a resuiting substantial savings through shorter utilities and streets; and ,11, development pdHern in harTnony 'vvith USe d6(r6ilV, ilclliBpundiion faciihies, cornrnunity facilities objectives of cornpreilensive plan land ana the ~"G~lon i~(i"U1\.J; (iier,,,,r:ai Requke'!\'ier;ts, ,; special use permit shall be required of all Planned Unit Developments, The City may approve the PUD only if it finds HiS deveJcprnent satisfies all tliS fo!lovving standards: Sutn:L 1: The development shall be planned so H~lat it is consistent \rvith the Centsrville Conlprshensive Pian; and Page 61 of82 Bubd. 2: S~,J[H:t j~ SlJb~.4: Subd. ~: S~jb"t 7: SuM. (I: 3 .Amended: 9/4/01 :2 A.mended: 6/27/01 1 Amended: 1/1 0/0 1 Effective 9/5/00 City Df Centerville Ord. #4 The PUD is an effective and unified treatment of the development possibilities on tt1e project site and the developlTlent plan prov!des 'for the preservation of unique natural arnenities such as streail'lSI slrearn banl\:s) vvo()deej COV6(, rough terrain, and sirniiar areas; and The pk;nned unit tieve!oprnent proposal appears to harmonize with bolrl existing and proposed deveioprnenl in the area surrounding the project site; and The tract of land shall be under unified control at the tirne ,of application and scheduled to ~Je developed as one unit. in aadition, the developnlsnt plan must include provisions for the preservation of natural amenifies; and EBerl phase Df the proposed c1e\/siopmentl as it is proposed 10 be cOinpleted, is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a ccrnp!ete UI"'llt1 and tl'ltal proviSion and construction of dwelling units an(j common open space are balanced and coordinated; and T~-;8 PUr:;; \i~;in net cl'&atls itn eS:,~CG56;''Jt:: UUI\Jbi j Uli parks, Sdlools, str-sets! and other public facilities and utilities \t'ihich serve or are proposed to serve the district; and The proposed totEll dev610prnent is designecl in such C1 r11anr!er 8S to forrn a desirable and un/fjed enVirOnlTl€nt \tvHhin its OVvTI bounda(jes; ancl The plans requin~d undef' this Section rnus'i bE; submitted in a form which will satisfy the Page 62 of 82 3 ?.J.l1cnded: 9/4/0 1 :2 i-lJ.lle..'1ded: 6/27/01 1 }!t..mended: 1/10/01 Effective 915/00 Cit~;., of CenterviHe Ord. #4 nsquirements of Ordinance #8 lor the preliminary and final plans; and StlJlJrcL ~: Permission to develop specific parcels of land under the pn:wisions which follow shall be bjnding on an CCHlstruction. Any change in the development plan after approval by the City Council shall be resubmitted for consideration; and S...h(L Hj: Subdivision review uncler the Subdivision Ordinance shall be carried out simultaneously with the re'Jiew of a PUO under this section of the Zoning Ordinance. SectkuinJ -~8n-.Q;~o:' Us:as P$~Ti1rHtecL Pernlitted uses rnay include any combination of dweliin() units in single-family, two-family, tOVWl or (Ow houses; any non-residential use to the extent such non-residential use is designed and intended to serve hle residents of the planned unit development; public or private education facilities; or other Ijses permittee in the Zoning District in which the planned unit development is located. \Nhen a PUD proposes a mixture of residential uses with commercial uses, theCouncii may limit the development of not more than ten percent (10%) of the tract to cOIYimerciai uses. Sectio!1 1(JlD-il40: Relationship i~f rUD Sit.e to Adjacent Areas, The design of a pun shall take into account the relationship of the site to the surrounding areas The perimeter of the PUG shall t'e so designed as to IYlinimize undesirable impact of U~le PUO on adjac~';2nt j:Jn:>pe!iies: and ccw!vers6iy: to nlinirnize undesirable . .",,~,........., ........ ,....:;: "'. ,.1;", -"'-"" ,,...':" ;."'"..., .~~ "'._.._. _~,_ ~l ...f._. _ _.,.; ~-:_"-~ ......_ ,-, -,_'. -.J....". ','__ .",' '. _~ ", '.'. ,~,,,.. ~. .,.-.. Ii 1 ~!--,a,-,~ c.....! Q\.lJ,;;,l'iV>':',1 j~ lal lU ~.l~\;:; G! IU u'!;:J,vt::;UFI j itl ~t 1....<1 i'~ll C'lt.;lt:?~ !bUC:S Ul! H It.? ~ uu. 'F-,,~,,"'.'"'H'" '.',,",l~('\"''': '\lI""""'~'i'''Y'' ';;;->,.' !\ G',' '1')' "'pll. '.''''''':~I.. "1' .-..[ 1,-,OQt..l'.'-ll'.10'\ 'acr"'" .=.".'......II.~"""~ u 'U 'IdI~J"v. hi ~ " ~ ~ 1:. ~ """'~~o;:;" j"",< I j, ,-~l ,::;:',t l.A.!1 h"li:l U .'::l. ...;;:';,;~... .C: \ , J '_n.~_ Section .mQ~1J.:;o: Minimmn Lot. Slz:;;, The minimum iot size requirements of other sections of this Ordinance do not apply to a pun except that the minimum lot size requinsn1ents of the unoerlying zone shali SEiPie as a general guideline to determine the maximum dwelling unit density of the totai development SectkwJ 1fjiOJ.J711: S",tbr,GI, and Sid~ '<{an:! Requinements. Not\iVitl"istanding other provisions of this article, setback and side yard requirements of lots in a PUD shall be at leam eoulvalent to tile spacina reouirements of buildings similarly , - , Page 63 of 32 3 Arne-nJed: 9/j/0 1 1.Amended: 6/27iOl 1 .-'-ullended: 1IIO!Ol Effective 9/5/00 City of Centerville Ord. #4 deveiopeCl under the terrns of this (H'dinance on separatE: parcels_ Section '!8!i-(jSli: Access to Public Right-Df~Wail" Tile site of a PUD shall abut, ane! the !'najor internal street or streets serving the PUD shall be connecteej to, at ieast one prirnary arterial, or neighborhood collector street Se;Gtuc(t '18~]'"~]!JO: UtR~h:y R~quirerneff~t~" Utiiities, inciuding telephone and electrical systems, installed within a PUD shall be piaced underground. Utility appurtenances, vvhicfl can be effectively screened" rnay be 8xc(.::pted rrorn this requirement if tile City finds that slIch exception viii I be consistent with the objectives of this article and the character of the proposed PUG. Section '18iO-"!Oi!:i: Op<ei"l Sp<lG6, A. minimum Qf tfJenty peroent (20%) of the gross land 8i"88 for private or public open air recreational use protected by covenants runl1lnf] \ivith the laniJ Of' by conveyances or dedicated as the Planning and Zoning Commissioil may specify shall be an integral part of the plan. Such Open StJ8.ce areas shall not \ndude {and devoted to streets, parking and prlvate yards. Whenever possible, common Open Space shall be linked to the Open Space areas of EKjjoining developments. Cornrnon Open Space shall be of such size, shape, character, and lecations as to be usable for its proposed purpose. Sectior~ 18u~"~'~ o~ P~M'k~ng. O'ff-stn3\3"t pal"king and loading space shall be provided in each PUD in the sarna ratios for types of buiidir~g5 end uses as required in the underlying Zoning District S~{;t~~}n ""~80~i A~Ttlttg~rIiH~nt of Cztrjllf~K~l({d&n U~l$$, \N'hen i~ PtJD includes cornrnerr~i3j uses, CGiTitnerdaJ builcHngs shaH be planned as groups having CGiYBT!nn pzrk!ng areas ane! Gr;rnrnon ingress anel ,9gress points. Each (~r1nln18r(~i,::t~ an.~Et '3h~n ry:: 3epsr2tStj "{rcern ~)t1t.;tU;'.:g (s.3kiGr~tj5; araa6 bY' appi'ci~(iat& screens (), fences. li.le design of cornrnercial areas shall provide for the integrated and l,armonious design of buildings and for arjequate and properly arranged faciiities 'for internal traffic) circulation1 landscaping! and such other features ;anel fBcilities 8;3 n18}i be necessary to iTiaka the srees attractive and efficient frorn !Ii," standpoint of adjacent non-commercial areas. Any area which is not to be immediately improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the City. Sect~Gl~ i3~l~1:j,t]~ AiiY3ngefif'htSif'it ()f!ndt]fJ;tfi~~ ths~~. in any PUD including industrial uses, the industrial uses shali be provided in park-like surroundings Lltilizing iandscaping and existing woodlands as buffers to soreen li(~hting, parking Pa~e 64 of82 3 ~q.mended: 9/4/01 :1. .~..lliended: 6/27/01 1 P...i'11ended: 1/10/01 Etlective 915100 City cf Centerville Ord.. #iJ areas, loading ar&8S and outdoor storage of navv' rnaterjals or products. An industrial area in a PUD shall provide for the harmonious design of buiidings and a compact grouping in order to economize in the provisions of required utility services. Streets in a planned industria! ama shail be kept to a minimum in order to reduce jT,-~fflc. All spaces between the right-of-way line and the industrial building line and ail inter./ening spaces betvveen buildings, drives, parking areas, and iInprovecl areas shall be iandscaped 'with trees :and plantings and properly maintained. S~ction i8f>>-14o~ PnJcedurec Pre~AppUC.12tt~Oift Mee:ting. Be-rof& subrrdHing a fonnal application ler a PUD unde;- 55.03, tile developer shall meet with lhe PI;snning and Zoninr;J Commission. The purpos" of this meeting is 10 discuss early and informally the purpose and effecl of this Ol-dinarice and lhe criteria and standards contained in this Ordinance and to farniliarize the deveioparvvH.h the Cit}/s COinpn.=:1hensive Plan, including the land use picH"!l the major thoroughfare plan; and the parks and Open Space plan1 and 'with Hie subdivision regulations and tlle drainage, S8\1Ver) ~""?lnd v\rater systenlS of trie City. Sectuon 1ifhl,/~f1)iO~ j\pp~icaH~)WL An 8pr;iication for approval of ;3 PreliHlinary Development Plan lor a proposed PUD shall be 1118c1e to tile Planning and Zoning (~Qrnn1ission, bY' at least one o\,vner or lessee of property for which the PUD is proposed. The -application shall be accornpanied by a certified crl€Gk or n'10ney order to COV6( the costs incurred in Ghecking and precessing sLlch plans in an arnount affixed by reSOlution of the C!ty Council. The app!icL~tjon vvith acconlpanyjn~J (jutiln~~ DeveloplYient Pl.an shall be subrnitte-d in tvveivf3 ('j 2) ctJpies and shall inciude: ;. J"'\, A \lic1nitv rnao 81' a SG8!e of one {'j "y': hlcl~; sCluals tINe) hundred . ,,' I - .. fifty (2S0) feet sho\Jving property lines) existing streets! existing zoning, and such othe( items as the Planning and Zoning Commission may require to show Hie relationship of tl1:5 'IJroDosed PUD to the Cornprehensivt-1 Plan of the Citl)(, to , . . existing schooIs and oHler cornmunity "facilities and servIces, and to the surmumjing area; and I:~ '--'. jl, oreljrninarv oiaf'! of the PUG in sci-iSn-li:;tlc fern) shovvina tile , J' .... following: P::jo-,"": IS':; n-fi,;'} 3 Amended: 9/4JO I 2 J;.J:llended: 6/27/01 1 Amended: 11101G] Effective 9/5/00 City of Centerville OId. #4 'I. The existing topographic character of the land; and L A composite of all natural amenities of the site including sleep slopes, (lrainage \)\laY8 pius rnarshes, ponds and lakes; and 3. The size erf sile and proposed uses of the lam] to iJe developed together with an identification of off-site land use; and 4. The density of land use to be allocated to the several parts of the development; and s. The approxirnate thorougrrfares; and !ocatiO(i ~..J I t), The location of cornrnon open space including public schools! pafl(S and playgrounds or private natural preserves; and / . Ti'le O'ff.~st(ef..:t parking sy:stenl. C A \i1,t(jtlen s'lsternent lndudirlQ U'16 fCiikJvving: 1. }1, st:i'l61 '1"IC(I( t~k lite: UVI!I ie: ::jhjp ui: 2lii land ':nvolved in thIS PUD tOfJ\~ther vvHI, a sUl"l1rnary ot previous \Nork experience; and An e){planaUon of the gerlsrai character of the planned deveiopment; and -, 0. A S'l8ternent describing the ultlrnate ownership and maintenance of all parts of the development inciuding streets, structures and open spaces; and Pa~e 66 of82 3 A.mended: 9/4/01 2 Amended: 6i27iOl 1.Amended: 1/10/01 Etlectiv~ 9/5100 City of Cellterville Ord. #4 4. A staternent describing hevJ ali necessary gO\jr,~rnrnentaj services \vill be provided to the development; and 5. The total anticipated population to occupy the PUD, \fVitfl brsakdol,Jvns indicatinq the number of school age children, aduits and families, D, The proposed schedule for the development of the site, E >~, staiernent setting fortil tj16 reasons VVhYl in the opinion of the applicant1 the PUD vviH be in the public interest and consistent 'Nith the objectives specified for PUOs b~i Section 51. 'Sei;;{~On 'liBO~'160: Actimm, Stnod_ '~ BV Ci}rrmr'J!is$iiJU'1L \/\1ithin sixty (60) days of the -tiling of the application, the Planning and Zoning Commission shail 110lcl a Public Hearing on the proposed PUD following written and published notice as required for- amendments of the ordinance, Following such hearing and within sixty (60) days of tlleriling of the application ,-,,' .:\ '0 '",\"'-( lil'll'" ""","",,,"1 '('. "v th," "'pnll'c"'nl' 11'18 UI t;;j Q !c;ii..... ~" C \;...;~I t~....L. ,U uj ,I:;:;;'~.. u r. ..... 1 . Piannin~~ and Zoning Cornrniss!on Sl1~~!l (el~O~THn~-3nd approval or disapproval of t.he pf'slirnil1ary proposai with such cli8nges and conditions as it may suggest and shall transmit its recommendations to the City Council. In its recornri1endations tile COITl111ission shaH determine whether the proposed PUD is consistent \ivith the objectives for PUGs speciJied in Section 5-1 and with tile Comprehensive Land Use Plan of tile City; and whether Hle benefits, combination of various land Lisas, if proposed, and the inter-relationship vvith the land uses in the sLirrounding area justify ilie deviatioil f(Om standard district reguiations allowed by Page 67 of82 Subd 1.0 3 Amended: 9/4/01 2 Amended: 6/27/01 1 ;l"mended: 1/1 0/0 1 Effective 9/5/00 ell} of Centerville Ord. #4 this ordinance for pu~S. By Com,di. Upon receipt of the recornmendations of the Planning and Zoning Commission, the Council shall consider the application and, after holding such f'H !1'....II'r: ;nG''''r;I'cJ ::;:;c' ii~ """.a."....,~,.".lc.' d>c.:Q:'I"~b.i~ sh.....n :.':'r"I'C(~'if;:; Q^ 1"'~".,.I .~ l ......,0 , ';J -..h' ,~ 1~!....l;:;'il.J' 4.<iG....., ::;1 IV1 ,=G!lo df.J....,1 Jvv I disapprove "[rIe application vvith SUc!l changes or conditions, it any, as it may c\aem appropriate. Refusal of any changes or conditions shall Gonstitut.-:l denial of the plans by the City Council. Failure of the land owner to notify the City Council of his acceptance or refusal of the modification to the plan constitute acceptance of these conditions. No Building Permits may be issued on land within the PUD until final pi ails for the development have been approved by the City Councii under the procedures provided in followlnD sections SeGtiml ~2ij~'M7[j: iPUD Agr!l\em.,\1t The Zoning AcJiilinistralor shall Instruct the City Attorney to draw up a PUD Agreement which stipulates the specific terms and conditiofiS approved by the C:;;ity Council and ace,spied by the applicant This agreerllent shall be signed by the Mayor of tile City of Centerville, Clerki.A.dministmtor and the applicant within thirty (30) days of the City Council approval of the PUD application and final plat. Where tl,e PUD application andlor final plat is to be resubmitted or denied approval, the City Council action shall be by written repon setting fortll th6 reasons fo( its aciion::L Eh:'4<;~,~\IJ;~C~ ~;DO~g ;~~~i':1~ ~~i!,;;tvfe\tV liind ApPk"C'VCl~. }'\.n ap~:::;licanon T(j( reVI&\t\/ anG approval of the final developrnent pian silali be filed by the applic~ani \lAth the Planning and Zoning Commission within six months of the date on vvhich approval of the preliminary plan was given by the Council. if application for final approval is not made within tr16 time required, the proposal shaH be considered abandoned unless an extension period is requested and granted by the City Council. Se~;tion "~80~~H30~ DOCtJ~1']e~1t~:A~kH'ii Ri2;qugn~d~ The final application shall be accompanied by the follo\rving supporting documentation: A. A final pian of HiE: PUD in 8chernatic O(orrn indLlding the follo\Ning: ~jlilfie 68 of B-2 i. 3 Amended: 91410] 2: Amended: 6/27 JO I 1 Amellded: 1/10/01 Effective 9/5/00 City of C<:::nterville Ord, #4 T~1e street systern, lot layout and off street parking and loading plan; and ."\ L. The use, height, bulk and approximate location of buildings and other strllctlJ\"6s; and co w Land areas to b(~ cOll\ieyed1 dedicated or reserved for parks] parkvvaysl playgrounds, school sites, public buildings, and similar public and semi- public Llses; and -4. PI site plan for each building site and common open area, SI.lowing approximate location of buildings, structures an(j impmveroents; and I:: .'-'. Generalized elevations and perspectives of all structures; and 6. /\ site grading plan indicatjn~1 the direction of flow ot surface drainage and an easernents necessarv for both ponding and runoff; and .7 ,. Pians, profiles, and speci'ficatiof"iS for the distribution of \i\Jaterj collection or sariitary '0'l'/88~8 Qilei St0tti"i VV6LCk; -8(1(.\ 8. A landscape plan indicating the location, size and type of plant materials to be used; and C. ,J. Pians, profiles, typical sections and specificatiansto! proposed street improvements; 8il(j "jO. The density of lanei USE to be allocated to the several pcHis of the site being Page 69 of 82 3 _A..mended: 9/4/01 j Amended: 6/27/01 1 ~s..meIlded: 1IH}/0l Effective 9i5/00 Citv of Co.::nterville Ord. #4 developed. B.A \ivcJthsn staternent including: '1. The approj'drnate date when constructiOl'"l 'NiH bagin by stage of deve!oprnent si"1cl the area of open space to be provided at each stage; and ~'" " ~. ,Ii,greements, provisions or covenants vvhich govern the use; nlaintenance and continued protection of the development and any of its cornmon open areas; and 3 Other condilions specifically required by the C0l11mission and the Council 'for tile particular pun. Sectitli1 '!8l:J-2~;[): Action Cr, Final App!icatioi'L ProcedurE for action by H16 Planning and Zoning Commission and the Council on an appiication for review and approval of the finai plan ror a pun shall be the same as prescribed by this eliicie ror tile action on the preliminary proposal. In giving approval, the Coullcil may specify the length of time within which construction of the project must be begun or be completed: and it rnay attach such oU"jer conditions as seenl necessary. Tile final developrnent pian shall be in generai conformance wilti the preliminary development plan as approved. fit. Cd'u:erda 'i,or j~ppf((}Vi@t The firidings necessary for approval 01-: boih the preiirninary and 'final CleVe!Opn1Bnt plans silall be based on the following and describe in what respect the plan \vould or \j.jouJd not be in Hie public interest. '1. The pian does nol conflict with the Centerville Comprehensive Plan. L The plan is designed to form a desirable clnd unified development within its own boundaries. ::. The proposed uses will not be P:-:10',,"" 70 nf H? 3 A._mended: 9/4/01 2 j....J.llen,-i.ed: 6/27/01 j .'-";,.mended: UlO/Ol Effective 9/5/00 City of Cent>3.fville Ord. #4 detrimental to present and future land use in the surrounding area.. 4. Any exceptions 10 the standard (;3quirements or the Zoning and Subdivision OrcHnances are Justifie(l by the design of the development. 5. The pian 'vvHl riot create an -excessive burden on parks, schools, streets, and other publicraciiities and utilities \ivhich serve or are proposed to serve the PUO. 13 l'kti'H:;ompiifmce, In the '.:;vent the plan 8S submitted tor final approval is not in substantial GO!Tlpliance vvHh tlie pre!iilljnar:/ deve!oprnent plan, the Planning and Zoning Commission shall notify the applicant vviihin forty-five (45) days O'f the date of applicatioil, $e!iing forth the ways in which the plan is not in substantial compliance "j. Ti'16 applicant (nay treat :such notification as denial of preliminary approval; or 2. The appiicant (nay re-me his plan so that it does substantially comply with the outline deve!oprnent pleIn; or 3. Th(~ appllcant rna)i file a \i\ifitten reqlJ~jst \;~;!th the Pk:;nn;ng 8ncl ZO(II(I~~ COlliiTii'3Sicn that it hold a oubiic hearincl , ,> on his 1'<3QU8st 'for final approval. Any such hearing shaH be held within tlliiiy (30) days after the request for SLlch 11881'ing. Within TO/iy-five (45) days of sLlch hearing the Planning and Zoning Commission shall either grant or deny pre!inlinary' approval to the plan B. f~nidi j~ppn:nlE1~" The City' Council shall cevie'N and appfov6 the Final Development Plan if it Is in substantial compliance Page 7101'32 :3 iu.1lellded: 9/4/Gl :I: ftJnended: 612;"/01 1 Amended: 1110/0] Effective 9/5/00 eiLY ofCemerville Ord. #4 \Nith Prelin1inarj! Developrnent Plall. FoHoiNing friisi. Hie applicant shall record the Final Development Plan in the manner provided for recording subdivision plats. If the Final Development Plan is not in substantial compliance. the applicant shall be requested to repeat Hie procedures outlined for trio Pre!inlinary Deve!oprnent Plarj. Si:icliCiIl lu{)-;Z.Hl: Time lhliit If '"vor!, on tile PUD is not started within three l110nttls of the proposed schedule date after final approval has been granted, approval shall tenYiina'ta unless an extsi"""ision period is requested or granh~d by the City CounciL Sect~Qn '180=:220: j~Y'U1l1Ua~ R;tHi~E~\i'V" The Planning 8fltiZoning Cornrnlssion shall reVie\N an PUD Districts within the Citv at hS8st once each vear and shaH rnake a ~ " report to tile City Council on tile status of the development in each of the PUD Districts. If the City Council finds that development has not occurred within a reasonable time ansr the original approval, the City Coullcil may Instruct the Planning and ZOri!ng Cornrnission to initiate nezoning to the original Zoning District. by removing the PUO District fwmthe Official Zoning Map 5~ctiOijl 180....230~ l1.\nle](~d!JI{~ent~~L ji,rnendrnents rnay be rilade in the apprOVel] final plan vvhen they are shol:-vn to be required by changES if) conditions that have occurred since tlle 'finai pian vv'8S aPPfoved or by changes in the Deve!oprnent Policy of the City. p". \\/iirHJr changes in the lec3tjof'I., sitting, .snd hSlght of buildin1Js anCi structures jTlay os authorized by the City Engineer if requested by engineering or other unforeseen circunlstanc8s. B. AJI other charlges in use, rearrange\nent of 10tsI blOCkS, and open space, must be authorized by the City Council under procedures outlined ror amendment of the Zoning Ordinance. S",d:iol1titl!1l-Z411l: Comple*in11" Completion of the PUD shall be certified bjt the Planning and Zoning Commission on the Final Development Plan. Thereafter. H'ie use of land and tile construction, modification, or alteration of any buildings shall be governed by the approved Final Development Plan. Changes may be authorized only under the procedures provided belovv: Pa2e 72 of 82 . 3 F_mended: 9i4/0 I 2 Amended: 6/27/01 ] Amended: ]110101 Eftective 9/5/00 City of Centerville Ord. #4 A. I\JHncr Bja6()sic.in, alterations or lTlodifications of existing structures may be authorized by the Planning and Zoning Commission if they ara consistent ',vith the Intent and purpose of the final pian and do no!: increase the cube of any building or structure by rnOfe than ten ("iO) perc.snt; and Changes in the use of comrnon open space or the replacement of any building substantially destroyed which exceeds the intent and purposes of the Final Development Plan may be authorized only by amendment to the final deveiopment Se(;tHO!"~ "i 8G~~hSO: S~tB ~r81~fl7H!eil'nent~. l:!,.t arr)) till'i6 Toilo\ivinn the 3f'-')Drova! of a P . _, Development Stage Plan by the City Council, the applicant may, pursuant to Ihe applicable codes of the City apply for, and the Zoning Admlnisln3tm may issue, grading permits for the area '\",iU'iin the PUO for which Development Stage Plan approval has been gil/en" Sectkm 11l{J<;!SiJi: C~oi!,;>truction" i ne consiruction ana provisions of all the common open spaces and pubiic and recreational facilities which are srlown on the Final Development Plan must proceed at the same phase as the construction of dwelling units, At least ono,> every six (6) months following the approval or tile Final DeveJoprnent Plan, the Zoning Adnlinistrator shal! revlsvv ali of the Buiiding Permits issued for the planned development and examine the construction which has tat(en place on the site. if he/she si-lalJ find that the rate of construction of civilelling units is D(eater then the rate at whicn common open spaces and public ~"o'l ,Oe"(''''"t" :'''JI'1a' I f~""II"t' '''''' >'~\J"O b"'''''' ,0','("""1'", ,,-',:0'" -Ild 'TI'''' 'I" +_(c< ,'"1'" "'1-'1"1 'roMI"rd C:11 I ~'-" '.;.;Cl ,I... .'0'-" /:;.:;:1..>1 ,........ ll'::~ ~ '~vl ~ ...",.1 ~~t. .......A.'-'U d .... i"~ t"l\' ue; ~II ..... ,..I -c. ',\J~C:O \.. thjs jnf0i'TnatiiJi"i t(j H-i\i; C~)LHjCi!, \Nilich fnay revoke (he PUD Perrnit. 5h*ct~iQn 130<27'{>>~ ~'Vlii~nteY'llu~c>e oJ G{)h1Hif~On Op~n -S1Pl.lca~ Ail land st10vvn 01'1 the Fina! Developrnent Plan as cor-ornon open space rnust be conveyed to homeoVvners associaiion or simiiar oroanization for Ihe mainIenance of the Q pianned development The cOlTimon open space !Tiust be conveyed to the llorneo\;vners association Of similar orgar'jlzation subject to cnvenants to be approved by the City Council which resirict the common open space to tile uses specified on the final development plan, and which provide for the maintenance of tile common open space in '" illanner V\l11ich assures its continuing use for its intended purpose, Page 7?) of 82 "Amended: 91410] .2 Amended: 6/27/01 1 Alllended: 1/10/01 Effective 9/5/00 City of Centerville Ord. #4 Si.'Ictil:m 130-28(1; H,3rm"own"ro Al>i!>ordatim.. If a homeowners association is created, lh<3 applicant shall submit pians at the lime of final plan or development and documenls which explain: A. Ov'i/nerst'jip and rnernbershjp fequirernents; and B. Artides of incorporation antj bY!GVvB; and C~. Tirne 8t\!'Jhich the deveioper turns the assc)dation over to t!"'if3 hOn160Vi/ners; and D Approximate monthly or jiearly association ree for homeowners; and E_ Specific listing of jterilS {j'A+ned in cornrnon including such iterns as roads, recreation facilit!!3:3j parldng COnlIT10n open space grounc\: and lJtHities. Oivisi(;!'l '1(55: ''\Iarjiil.!"'';''''' Standa~"d:s The Pianning Conmlissic:;i'l shaii l'eCornrnend 8 \/arianc6 and -ale Council shall order the issuar1ce of such \/arh~nce Of'lIV jf it corrforrns to the follo\jijjnq standards: , - A. Specla! conditions EHltj drCLllTistaf'jCes Eixist \;!vhich are peculiar to the landl structure, or building involved and do not result rrorn th(~ actions err th~3 petitioner; .and c. LiitJI,;:-:d ij llerpreialiQr~ Of the prUViSJOnS 01 HiLs Ordii1afK;e vvouid (Jeprive the petitioner cif rights Gornrnonly enjoyed b}/ other prOI)erti-es in Ule san16 district under U'i6 terrns O'f this Ordjnancf~:; and C, G(3ntlng the Variance requested v\iii! not confer on the appiicant ari}/ special privilege that is denied by U1is Ordinance to oU'ler lands, structures, or buildings in lhe same district; and O. The pn.;pos;sd Variance \i\fHI not lfopair an adequate supply nf light and air -Co adjacent property, or unreasonably dtrninish or Page 74 of82 3 P..mended: 9/4/01 2 An1.ended: 6127/01 1 A.mended: 111010 1 Effective 9/5/00 City of Ceutervil1e Ol'd. #.:1- impair established property values within the surrounding area, or in any other respect impair tile public health, safety, or welfare of the residents of the cily; and E. Any person filing a petition requesting a variance or an amendment of the Zoning Ordinance rezoning property or changing mgulations within any use district shall pay a fee aecorcling to the Schedule established by resolution of the City Council. The fee is payable at the time of fiiing a Petition and is not refundable. Section 185.010: Board of Appeals ,nil! Adjustmei"nts. TI-ie Planning and Zoning COlllmission shaH ad as the 80anj of Appeals and Adjustments and shall have the power to hear and recommend requests for the following: .,0,.. Interpretatio,,: Hearing appeals where it is alleged that there is an error in a decision or judgment made by an Administrative Officer in the interpretation or enforcement of this Ordinance or in the interpretation of Zoning District boundaries; and B. Variam::e,,: Recommend variances from iileral ordinance requirements in instances where strict enforcement would cause undue hardship because of circurnstancss unique to the individual property under constrllction. See/ion HI5-I}:;W: VarianciEI i"rm::etl;.,re" A. .A.pplications provided by the City' rnust be Go!'npieted in \Mriting prior to any consideration of Variance Petitions. Fees for Variances are established by resolution of the City Council. B. The Board of ,4,ppeals end Adjustments may ;-equire the applicant \0 provide copies 01' plans, maps, surveys, etc., as deemed necessary, 10 ensure proper review and consideration of variance petitions. C After filing an application, the City Clerk shall set a date for a public hearing Notice of ti,e hearing shaii be posted and Pag.e 75 of 82 3 AJnended: 9/4/01 :1 A..mended: 6/27/01 l.A..I:l1ended: 1/10/01 Effective 9/5/00 (~il:Y of Ceuterville: Ord. #4 published at least ten (W) ,jays prior to the date or the hearing, and notice shall be mailed to each property owner within three hundred fifty (350) reet of the property io which ihe Variance relates. Defects in the notice or failure to notify individual property owners shaH not validate the proceedings, provided 8 good fait!"'1 effort ~}.jas fl1ade to cOi"nply vviH-l these provisions. D. Upon the hearing request, the Board uf Appeals anel Adjustments sllall either recommend approval or denial for the Variance and sllall slate U1S reasons ror said action. Conditions for approval may be attached to any Variance wanted. E. Upon receipt of the recomrn6ndations of the Commission, the Council shail hold whatever hearings it (iearns aclvisai)le and shal! make its decision upon the request to grant ihe variance. In granting the Variance lhe Council may impose conditions which it considers necessary to meel the standards of this ordinance and to protect the best interests of the surrounding af"ea and the city as a whole. Violation of any such condition is a violation of this Ordinance. The Board of Appeals and City Coullcil must find true the following, in ihe granting of a Variance from this Ordinance: il. Granting a \./ariance \ivjil not adversely affect the public health, welfare and safety and will not be detrimental or InJllrIOUS to property or improvements in the neighborhood; and .l.. Strict interpretation or enforcement would result in 8 practical difficulty or unnecessary hardship that is not self created, that is inconsistent wilh the intent of this Ordinance and trle Comprehensive Plan; and Page 76 01'32 3 i-\.m.ended: 9/4/01 2 i'.mended: 6/27/01 1 Amended: 1/10101 Effective 9/5100 City of Ccnte-rville Ord. #4 3. There ace e)(ceptioilal or extraordinary GirCllmstances or conditions applicable to the property, use or facilities that do not appiy generally to other pnJper!ies in the same districi; and 4. There are exceptional or extraordinary circulTlstances or conditions applicable to the property, Lise or facilities that do not apply generally to other properties in the same district; and :J. Stnct or literal interpretation would deprive the applicant of the Lise and enjoyment of his property in a manner similar to others in the same district; 8fHj 3. Granting of the vadance wil! not allow 8 Lise which is otherwise not a permitted use Hi the Zoning District in question. F A Variance granted but not used shall become void one ("I) year after its effective date. G. hhJ app~:cutj0i~i T0i' tj-ie. :ScilllC UI i.~ssernjajjv tne 32lTiS '\Jarjance Sh2111 be il18(je within six (6) rnonths of'the date of denl8L SediiOn11l.lti.{130: '\farimni>s Appaal f'm<::edures. A Within lhiliy (30) days of the action of tile Board of Appeals and Adjustments, the applicant or an affected property owner may file an appeal to the City Council to ihe decision of the Board of Appeals and Adjustments. The City Council shail set a dale for a public hearing, within forlll-five (45) days of receipt of the appeal, to conSider granting or denying the variance request. Page 77 of 82 3 Amended: 9)410] 2 ilmendecL 6/27/01 1 iunended: 1/10/01 Effective 9/5/00 CitY of Centerville Ord. #~ B. The City Council shall have the power and duty of hearing and deciding appeals where it is alleged that there is an error in any onler, requirement, decision or determination made by the administrative officer, enforcement officer, or by the Planning and Zoning Commission in the administration or enforcenlent of this Ordinance. C Pmc"dUJP,," An appeal for Administrative Review rnay be taken to tile Council by any person, firm or corporation or any city officer, department, or agency affected by an adverse decision in the administration or enforcement of this Ordinance. Such an appeal shall be taken by fiiing a Notice of Appeal specifying the grounds thereof ','\lith the Zoning Administrator, and the Council within thirty (30) days after the decisioll. if the Appeal is not taken by the owner of the property, which is tile subject matter of !l'le decisioll appealed from, the Notice shall not be so filed until after it has been servI3d upon such ovvner either in person or by mail. The Zoning Administrator shall fOlihwith transmit to the Coullcil all papers constituting the record upon which the aclion appealed from was tal,en. An Appeal for an P..dministrative Review or a Variance stays all proceedings, including criminal proceedings in furtherance of the action appeElled from unless the Zoning Administrator certifies to the Council that by n9Eson of facts stated in the celiificate a st.aY' \lvould1 in ilis opinion, Gause imminent peri! to life or property In that case the proceedings shall not be stayed other\ivise than by a nS$tr;~in!no order Q:2r:ted t:V;] Dc~_>:rt [if ;-'::;IJilip6t,sj"Ti: judsdiciit,H i. The Council shall at its next regula!" meeting after the filing of 8n Appeal to it from a decision of the board set a date for hearing tllereon, which Sl1811 be not late than sixty (60) days after the meeting. After hearing the oral or written views of all interested persons, the Council shalll11ake Its decision at the same meeting or at a specified future meeting thereof. The decision of tile Council may be appealed to the County District Court D!v~si()n_ .~~O~ intGi'~n~ U$cS 1- ;3r,{'_::.. '{'Q o~. ~?;! 1 <.<.5.... 'v 1,--,.... ] Amende-d: 9/4/01 '1 ~tunended: f:,/27/01 1 P.L.i'l1tnded: 1/1 0/0 1 Effective 9/5/00 City of Ccmerville Ord. #.oj Section .19!}.:iJHl: PlJrpo,""" In addition to the purposes staled in Section 2 of this Ordinance, it is intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the City, when such uses are not permanent and when such uses meet appropriate conditions and performance standards tllat protect the public health, safety and welfare. Sect~on .{~ 90=i):20: App~~cat~on~ Pt)JbH~; ~"-iear~h1gt 3lifljd Pn.1iGsdvJre> The application, pubiic hearing, notice and procedure requirements 1'01 Interim Use Permits shall bi:; tile S:3me as 1I1OS(3 for hnendmel1ts, as provided in Section 703 aT this Ordinance. if a proposed in!erirn Lise is not listed as a permitted interim use in this Ordinance, a text amendrnent to this On.iinance vvill be required before an Interim Use Penni! may be considered. Section "i!JiO"030: Tif:rmiri,ation, All interim Use Permits shall terminale on the happening of any of the tolio\/ving events, whichever first occurs: A. fhe date sts;ted 0(1 tr}8 penni!, B. Upon ';inietior. of tile condition under which the permiiwas issued. C. Upon change in tt"!8 City's zoning reguialions that (e(1(16(.S th6 use non-conforrning. S~~;tuvn '~S~)~i.J40: B.itrindianji~~ The 1nteflrn Use (nust {:)6 dno\lvadin the Zonjrlg District 'INhere the property' is located. The interirn Use, nlust meet or exceed the ~.".-t.o,wla~".."...t".'ll.'d~'.'j'''' ~e..t I.'U"'I"I"' I.,'.' 1'1" JI'", ('.'1'0'1.1"',.""'''' ",'1'.,. '--'"1.",' ~'u'''J'I'ca 0' I," i~I'l'Y 1"";"",l I r I - I lo->t ,:);....1 . i '. v .::. .., . t l 1 'v ~.~> ;d .i.....-=.. ..... ... -' I c: \::l.~.I ~ c; v Ordinanc,:js, Tile jnhj(inl use e!lust cOffiply vv,ith the specific s'tanciards for U'16 use i,-.j-.:.,....tl.fi.:::,,~l in 'l'hi~~ ri(dil"''':H'~I"''<'' ~:.':tn"~ ""-~ :'C7::" "-.,...'.......~~~;,,,/ ':.:~.~ .;::;~i '.."'..'U.:',.,',>("Jl';': ,....j': .:;;npv'i"'!V81' \1\.,'1"""1'.' lC" ~" ".(.- .... .. . '.' ..'~ __. ....., __.. .....~~1 "",j "-' I' l..'.....t '.....VI, 11","1.; \i1Jlu I '-<II "-' ,J. ",'..... U !;;;lr .I '-' J_ 1 " ,I v shall be lnc:luc1ed in an intsrlrn USE: pennii agr\3erneni. " " 't.o ..." .~..,. ,..,.... t' j.' . If ~.~~."".,.., .,.', A'~'" 'h."'""',""'~ ",-,'" 'I'.y'" "1'1'''' a...t~'''ll -o.'r".I',",'.'I'" l.h ,..,'"..,....v.," ,.', " \lJ1IV'l.Pll.a"J;~i ~.g '!J""'<s, ,,",,~j~~lJ..>l~a. 'u~h~" I \;;; .....~' \. t ay wlL...l.,;, U i..... U e'F!') U _. '-' ...... permillo miligale anticipated adverse il'npacts associated with the use, to ensLlre compliance with ([1& standards Of approval, to protect the value Of other propel'iy, and to achieve the goals and objectives (If Hie Compre!iensive PIeri D~'!.jh,;;gon '~'95: A~nenrh~lltd~t~ ,'. I"":.. AJYlendrnents to this (jfdir'!c.ll"1Ce rnav be inHiatec! bv the . . Planning and Zoning Cornrnissian1 City' Council or by a P~-l'.;f~ j"q ...yf f{') petition of a landowner or other interested party. 3 Amended: 914/0] 2 Amended: 6127/0] 1 Amended: 111 0/0 I Effeetlve 9/5/00 City ofCenterville Ord. #4 B. Applications provided by the City must be completed, in writing, prior to any consideration for an Amendment Fees for zoning Amendments are established by resolution of the City Council. C The City may require the applicant to provide plans, maps, surveys, etc., to ensure proper review and consideration of any proposed Amendment to the written provisions of this ordinance or Zoning District Boundaries. D. After the filing of an application, or initiation by the City Council, the City Clerk shall set a date for a public hearing Notice of the hearing shall be posted and published at least ten (10) days prior to the date of the hearing, and notice shall be mailed to each property owner within three hundred fifty (350) feet of the proposed Zoning District Boundary amendments. E. Upon hearing the request, the Planning and Zoning Commission shall recommend either approval or denial the proposed amendment and shall state the reasons of said action. F. Within thirty (30) days of the recommendation of the Planning and Zoning Comrnission, the City Council shall consider the recommendation of the Planning and Zoning Commission and sl1all approve, deny or modify the request to amend this Ordinance. Division 200: Special Use Permits Section 200-010: Procedure. A Special Use Permit may be issued in accordance with this Section for any use or purpose for which such permits are required or permitted by this ordinance. Application for a special use permit shall be made by the owner to the Planning Commission on a form prescribed by the Commission and accompanied by such other information as required by rules of the Commission. The Planning Commission may hold such hearings on the proposal to issue a special use permit as it considers necessary and it shall Page 80 of 82 3 Amended: 9/4/0] 2 Amended: 6/27/0 I ! Amended: 1110/0] Effective 9/5/00 City of Centerville Ord. #4 thereafter make such recommendations on the proposal to the Council as it deems advisable. Upon receipt of such recommendations, the Council shall hold wnatever hearings it deems advisable and shall make its decision upon the proposal to grant a special use permit. Section 200-020: Standards. The Planning Commission shall recommend a Special Use Permit and the Council shall order tile issuance of such permit only if it finds that such use at the proposed location will be consistent with the general and applicable specific objectives of the comprehensive plan and tllis Ordinance, will be Ilarmonious and appropriate in the area, will not be hazardous or disturbing to neighboring uses, will not result in traffic congestion, and will not create excessive additional public expense. Section 200-030: Denial for Non-Compliance. If the Planning and Zoning Commission recommends denial of a Special Use Permit or the Council orders such deniai, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this Ordinance. Section 200-0"-\0: Conditions. in recommending or approving any Special Use Permit, the Planning and Zoning Commission and the Council may impose conditions which it considers necessalY to meet the standards of this Ordinance and to protect the best interests of the surrounding area or the city as a whole. Violation of any such condition is a violation of this Ordinance. Section :200-050: Expiration. If substantial construction has not taken place within twelve (12) months aftenhe date at a Special Use Permit, the permit is void except that on application, the Council, after receiving the recommendation of the Planning and Zoning Commission, may extend the permit for an additional period not to exceed six (6) months. A Special Use Permit authorizes only the Conditional Use specified in the permit and expires if, for any reason, the authorized use ceases for more than twelve (12) months. Section 200-060: Fees. Any person requesting a Special Use Permit shall pay a fee according to the Schedule established by resolution of the City Council. The fee is payable at the time offiling the application and is not refundable. Division 205: Enforcement and Violations Page 81 of82 3 Amended: 9/4/0] 2 Amended: 6/27/01 1 Amended: ]/10/0 I Effective 9/5/00 City of Centerville Ord. #4 The Zoning Administrator is directed by tile City Council to enforce the provisions of this Ordinance and maintain all necessary records pertaining to this Ordinance including but not limited to Amendments, Variances, Complaints and Violations. Any person who violates or fails to comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction may be punished to the maximum extent allowed by law. Each day a violation exists constitutes a separate offense. Division 210: Fees and Uc.msinCi Fees and licensing provisions, affecting the administration and enforcement of this Ordinance, shall be established by resolution of the City Council. The City does require payment for its legal, planning and engineering expenses, resulting from the review of proposed actions in the City. The City Council may require full payment of fees and out of pocket expenses incurred in the review or proposed actions prior to taking rinal action. Division 215: Effective Date The effective date of this Ordinance shall be after its passage and publication according to law. Adopted by the Centervilie City Council this 23rd, day of August, 2000. {Siqnature on File) Mayor Tom \II1ilharber (Siqnalure on File) City Clerk Published in the Quad Community Press on August 29, and September 5, 2000. 1 Amended: January 10, 2001 Published in the Quad Community Press on January 30, 2001. 2 Amended: June 27, 2001 Published in the Quad Community Press on August 7, 2001 P'.:lnA R'') nf' Q') ,. I ~~i:.~ .~~:-'~'---- ~,~ I g ~ J.- '~~tl 1.1 ;----' "~_--':t. ' \"'* ~ I';-:~C 'c~l. ~- '~}'J)\'.~' \i ~. '" A:?" I/'!!.. ~~~.~ "" H"_''''_''''\_ '~f?:~' ~,,:t~ I Ifl, '.. I ~.,~ _!/;-~J ." ~:- ~ :~<~ ---'~Ir I I/I~, ~: J/',' :! ::;:- . n.'- _~~..\ '!li'!!.:i:!li~ ~ .hV' ':.,; ,. I ~\, . I . It!'ri11";~, ,~, - "\.'1' -i-~;':~ , r~ .----~-I, 'm --" 'A,',' .,'~ . '1"- 1 ii ,\. I ,,--,!,'I!\" n:: ~c~ii~ ill ~'.: 'i' }~:L~~"'~ \\~"'". , , . <U>I....~ ',' , .~. 10, lfl- 1- I~~t~ ,1'1\.\;_1_ -.*.\-:_' ia'1 ,oIlli11<!1':"., -+... '.111.....:1:"11..,;-;;,, .i.!',-.':\.'Q;i'~t~'}"f:Io-. li~ "" {If.,~.f W lr~.:! " '~))::In-:t - ~ __ ii'-:>D:iI..:- .,<t-~I;;t::::~II'"'i_' "i_1 :':!!""II~ ""'- -'---'--!',:~~-~r I=~~~-I -:j/l~'~ i ~ [" ..~:; :1t$:. JolJ.,. ~~.::-I A '';1:: " i':" \'ij;~r~ . 'if) ,.1 ."""'.- I..... ii,~ ~_: ."~'--, ffi-", ,--.,.,., -",.. -. '~'1-' FWii "",)" I"". " '" ,-~. /;/1' ~ I' 8'= .~ :-~~.lJ -;ii~;il4\5;~iFT '" -;r-,,-w~~"'''':$'.:I'y:/:; ':#)-- .~ l '" ~;. l~_~l1. .~~-r-< ~;,:'iJ:iJfi,~~\:_-I~ ~ o,,)"~?'''\.'_ -'.~'I'I""'':.'?S---;-~-~'''i'!.'....:...... -;--;. i t. '1',;--' .' /-,.1.,.,.",. ';7.Pc-~-)1 - -0:.- 'e ,;:m', -:', --, ,,-!""1 ',;c l_.l 1 r. -" J .. 'i" 1ft ~TIIf;,_n.-- \ --~ ". ~~." (~"-:-' , - ~ - "'~ I 0'W~t'\ If.: ...... if~+f.i~~ }~ i i i i ~" (~.f~-~~,(:=:'-~::~ ,no" ~ ; i [! I '; I; ,~T~_i I r _ ,_ ! I ".~.~..,;- ~-j ,r I, j\ii:', 'f"g-il';C--"i' 'h _...,.,;.;:r -f9':! '"'-"''''.- I,,", iii,: I_!~'''-'' /.'- , 'L-. -~-~ ~~: ~"'i ,~:' ~]\\I\t:;:.." i;" . ~,~-~-ii ~ ~ -, - - . ',- '---=---. - t -\ %/ \ ":i:.. I j" , -, ~-w 'IJ);I,_'-----./.'" ' '.\ ~,..'.."'. '0' ii;.!.;/:'- i 'r-. -",- -'" / . " I!~L:.;-!- -;-1_ ri;";/~.."lJfS./'~ ..~~1-:1~ ~,_~ :-"_;;r-:' '~'7"'__'~,;;;\-:--l: ~~:.,-.;_! 'I '.Z,:_,:.!. -; ;."!'.7-~ -;-j. "', ./. -.' UT i1!>''''-'''~;lii ,- :-';."l; .i:':c; :C.;~.';:\l.i~l:j, 1-1,.C,,,"Y'::- ~;.. -:~: ,I.! -~~,_~~~~~, fJi~!""~I/':"~f+"~;'- >;~-?~T:r~:- i~~, '; -, 2r- I i:t:- . :-:::--: -=.~i~-~~' I j. I--~"I -"--iT;--'--/'1 ~J.! -'~~l.lli.. "i"~.. 0 !')_~ \;..:j'~~. ~. OJ,,.,,...,_ .;.""0;.,.1-.- .;.;.i;lJ~~!~L:-. Jtr . .J--~ j .: 1 ~"''' :~-,:I,~"i Ciflf.~~;+r'Y ~ '1! :"'MJ:'-':- it"1i~+' i~;~;.r(-='i.~ i"'~< ... :'~:~~~~l:~~h,;:?!t: 'l!'~R'{ i ,:!, :!~':,:l~;.;;::-\:;~~:l:~ ":~":-'{1-:" --!;';:';!'-i~:':-~< II :-:i-~F'lf-,~.C:,,"..''-'-II '~7""~'. '."S~'.;.I .-!.~.! '!.~J!-'M' rr..i''':''I-I-P.:;Y'''''\-~.~-,,;.'.-.,~''':'- 21 I. _ 'i/-<:J:':;'lsr.'fOI,' .-:'1<->1 I, .--"_> 1-""."0,.,..,, ~~:;::::::;::;" .~.-':'"',..... !,: ;'.\-1' ~~r--:--*'J' ;-. '.'-..", \:\'.'1'- !;l~- ;"~':':".:.");..:},.71 $..lI~~.~-L~~h.:!Ii i-'\'~.-':'+''-'~;:7'.~:''o " ,..-'J!; . '-- ,-;-, ".' '-' ~ ., ,,<' ."" . ~!:;\,,,,-!:";p.,, :r~~.I . I :1"-'>:<_""; ''', ' 7 ffG\""1 i .-""3.';"~ -;,: . . Co;l "'I- i: 'I , I '. "~'/'i'.,,' t---'f~\'ftN" ':". "':_..:: '!"'I'~:Li .1'1,- -I I ~+" "nl=.:...) I ' "'" ~ ~ - ~ . -!,tI n----'_._ ~: -/r,- 1.1". ,"'."" !; i r 'i i :.I!!l rOo. j Jl - i I: r~" 1"1' I : -; .: ';":':1- "~i' ~' ~.: : -'~'lr[ 'i'i'.Y.\: i..li-i-1 ,-' 'fl'---...'!, '.". ill.--L-' q 1)-~ I. I. I_ 1~'41 - i";: I ,$ I -1ll.r,,J I, m I I!. !.'--t=- I :t I I~.-: " ,.. ~--~~L~-,r f ::zf~"-' nn_ ":'J, _ I j : I I I '" 1_____:".::..._ I : n___n_ I/' : It;! I f--Tt.--"l' '!!. II:!!I; , -, . i' "i I ~Ej ~''"'"';-''' v='~ Ii -.... .~ f~=~ i I!r( i f-'-T, 21 , I~, J i ---'!:._"~,, ! I- I ~ ~ o , c . o ~ ;;~in!i1li11~~~ HH!!np "nnnl q I,;! q I; ~ ~ . ~ , ;;I~&~J~ I ~ i!! -< ~ Ii m ;;I ~ ~ ~ . . ~ 'Ii ~L " i N o z Z " s::: ~ o ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -: ~ ~ .I-I.!_ -- . ~ ~ CITV 0' I L1NO LAKlE5 ,d'i~iwr . , I :. ,-<\~ \\\"=::Ql J . . (., :::1" --- \~ 11/ _. L "-.- ~tervi{{e j_c/ 'Estab(ishd 1S57 1880 :Main Street . CenterviIfe, 9vf'JIL 55038 (651) 429-3232 . :Fa;c (651) 429-8629 STATE OF MINNESOTA COUNTY OF AN()KA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING PRELIMINARY PLAT FOR EAGLE PASS 2ND ADDITION NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City of Centerville will consider a preliminary plat request submitted by Gor-Em, LLC. The meeting is scheduled for Tuesday, November 6, 2001 at 6:30 p.m. or shortly thereafter at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to hear all parties present regarding the possibility of approving the presented preliminary plat for the construction of six (6) town homes, seven (7) Single, detached town homes and one (I) Single-Family residency for the area legally described as follows: Parcel Identification Number R23-31-22-24-0079 LotlUnit B Eagle Pass The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. November 2, 2001. All persons interested are invited to attend and to be heard, orally or in writing. You may call City Hall (651) 429-3232 if you have any questions. October 17,2001 Isl Teresa Bender, Clerk/Treasurer abcdefghijklmnopqrstuvwxyz Published in the Quad Community Press October 23, and October 30,2001 tervi{{e 1880 Main Street. Centerou{e, M'J{ 55038 'Estaf:j[isfiecf 1857 (612) 429-3232 · YaK (612) 429-8629 CITY OF CENTERVILLE APPLICATION FOR PRELIMINARY PLAT DATE PAID ;00 ~I / STREET LOCATION OF PROPERTY , FEE ~. g!J (J). # ~~-, /' '."'~'" .. l........'....... ,{<!e-<:.~ :#= (i,~,("L LEGAL DESCRIPTION OF PROP~TY , ')" ,",'/~.,.L /7 .C /'" ,./C,. <" ,~ /'/';U--' SIZE OF PARCEL (S) PROPERTY OWNER ~-<, -.[",c;:? -< ",' c--- ~. PHONE # '2 y ~- -- / --<../ .,'6:;>,>-,/ ~- ..... .:;~J.5 /' FEE OWNER ADDRESS: ~, C-;o/( ~!f.7.'~ ~r.-;?j- G~ A' A L:-- "/Az.AC-L- -_~,_~ ~l"c=7.'/ ./'2Y~~4./f?'-- -." / -" ) .--"-" c/ .///~ _::' >t!'2"., APPLICANT'S INTEREST IN PROPERTY -~ 1-/ FEE OWNER LEASE HOLDER CONTRACT PURCHASER OPTION TO PURCHASE /1, "?/ < DESCRIPTION OF REQUEST: fA> /;,,/--d~7'>< y- '. f/:'''+- ,/ .7'"', ,') ~ ,- -- - ( /' _/ ) ~.._- /" .u...,;..~..I:/ -/ G~~/J~;.{-::J:?~..f" /...1 ,;.(._...,7".",.":: J/ - 5,:..,) r ~> ....:~?;;. '''''''';/c:. A' "'.~ c;;/' '~tj.;/ Afi~,s?:"~-...f ,/ - os: ---f". /-;" /:"-:-;''77'/: /<.----" /' REASON FOR REQUEST '7 (I J /,.- /'~./ " ..,'~. .../" /-;;/>';;'~:-. .,;/: .' <'!:._.~ Sigrfature of appl~ / * Plus any additional costs incurred for engineering, legal fees, publication or other requirements. Signature of property owner ./C:; -/~:;, cJ ./ Date ,- I I , F ~~ .." ,~ ~I , g,' : ~ ~~ ,~ ~~ ~\ i~ ~ r~ ~ i , :<1""'-'" ,- 'l'~ ,,=.:-: ....., ;, !"' , ~i~. . . " , " ;;\ m""" , ' ~,..t_-i .~ '-- . . . .......~. ......".'" .";;-"",,,~ N"'i....._, " II ~l;~J 7~'! lUg e: ~I ',! , , \ \ \ , \ i~ '<' ~~ ~ -, g /' ~\ /' Hi I" t \~~ ,~, ~.~i it ~~t \"" d~ !~ ,,~ If I , ~ ! i ~ ";I",,, l'lil"" ;l~"'" "Ill"" 'ji~ , ., .. ,!. ~Hi I.d Iii: ~1~} hH ;~H till ~ ~~ f u~j 0.' Iii " ~I:; J ~i ! ; , ! .' ~ ~ ! 'j ! a , ; i I , I ,- .l !i ,I " H: i ~ trj > o t-< " 'tj trj ~ :<l ~ tr1~ ~8 t: >- P7' es [f) ~~g Z UJ. ",' :>- ~~ ~ N fJi Z o 'tj >-< ~ r'......... :>- "'> t::J t::J >-< >--'l >-< o Z I! .,., .!:~~~ "!'I ~~~t I, , ~is~ ,I!" '~ ~ I,; " , -. 2. 'Iii ~~f.1101.~ fn & 5 }Lt12. 1 ,aM ~ 1JI4?~t?lifr 1 .J:312 '#~ rr.\{? ,~ 14~~ ~>~/;' ~~,~:-~':1 ~~~; L'(I ~';./. ~~ "-- ~~ ~ ~ - ~'/~?-,% ./~' ~~::'~~ "=~:~ I'" <J,.' ~,-']f. , · 7. \ ,,\ 21 ';;;~" \~/~,~::.~~ > 2 __, \"'. .~~ "ro \:.~: ,. ~ _' ,'---. --- , \. ,:;-;::; mAl~ ~ - ~ 0j ~~" [;1 ()A~ l~ 11 GJIF\~; 1:~ ~ ~ :"f:'/17 r <I.O~'21314 J. :11 " ~j" b,-'" ' . " J ~ '" d\\ ';'~'/I ~ ~'" ~ \1~7 k)f-. r[t:. ~ ~ ~,. ",\ 'f!';" \j. ( /'--- OU,o-\><, IONE<R LAN~ d~ "Z.. c- I :: ~~~~. ,n..... ~'€Y .1 ,k\Yi~ 00=1 'C:~'G->~:~~\i I~)[~~:,\ (\[~lEAGU; mAIL UII'I...:. B<....::: ~ 8 "'" 17~1~2\714\n!,\f.J!li i21 22~.' ~' ~ 3 lit- ,( <0 0> I! '6Jl \/' t(,~ 2Q 23~. ~ 4 11' 9 ~ ~.~4,<,'W~li\3F.~~1\ ~~~~~ ~ ;;'2~,,~'l ~ t: ' .-J (J4~~i~i ~~'~':')-,.. :II'lT~ ,~ I~'llff \"l:I", -1,# 1~"~"" ':',Nil, 2lf-~ 1 ....... 'JO.;; .:: /13 \ 14 1~ llJpV"""""'t I 27"" PIflK ~ ,,~ ,:. ,,:, ,,:,I,,:, ,,: ::~, ,,: ,:: ,;,1,;' ,,:' " ,. ,. " ", :- ~ CENlER STREET 1704 1708 ~ \""~S7~ \It~:;: 171lQ 1168 Jln;/;:;, '" ~ ,,, ~I;,\X-c. "":\ ~ ,,11 I ,'or I' ~' ... -' }{(o ...,.-".;<' ,/ 'f7 tJ ~ 8 ,.". I\j It. ,12 13 14\"'/:.15 17.# J,., 3 3:1 5 ~ ",_I \ -\~~ "" pV31 ----l\ I- n III / 18 ~ ~ 3 /'t.,." .....~7 19 i ~ 2A g 8 ..______ ~ WI" ~ <0 a... Q> ,."~' !I)J !< 6 ..v] \;,J ~~ ~~ ~~ ~ ~.lJ \j 2 .c , ~d'" ~J;fi ~ ~ ~ 3 / ",1 J.A~ br:-fAL L~oM1Jr:. y _ :2 AOOI oN .._ ~ 11 7 ~ ~ . '- i~ ~ ~ 10 ;;:t; 7 7 9a7~ 8 5 4 l"- 9 4 12....=~~_~:~ : ~ :~I. '''Ql~~ D::: ",,12 \ ~ lmt2, ~AJl4 ::;l'ftEE'f- e.3.AJ r. 6 ~3 7 61~\ 1- 5 109 e.7~ ~'8 4 !!I 14 ! 9 4-"': 9 I , ~3 10 :3!, rl0 , ,o5! 11 12 1314 ~1.~ 2 :;""1 I 1 l"- ~ e 681 695 12i-' 1 ~ 12 SOREL \ SlREET j6;O ,_ &M:g;\~ ~ 7 dn4 109 !l 1 _5 '5 8 5 \.4-.., ~ '9 ,. t.i l.:s.... ifj 10 11:213'4+0 ~~ HERITAGE STREET F . . , . . \-'~,,.~~ ~ ~ ,~ '\ 1+ '" (,.'''..1 7~" 8 :2,!!~11 1;::::; Q" ~- " )~ .' 7 . , > , . J , , 6/144 , 8....iS 5 R tt ,,4 ~:g , ' , . , R ~ 7 ~r8 g . " 3Q>o..~ 2R ~ 1.,....: 12 145 1\.~. i=1 1864 "go ".. 11161124 "'. ,,~ ".. ~ ~ l' 11 "l2 ~ " -~ 15 ~ CHAUNCEY SARETT GARDENS p L 36 l'i , ., li 1 , , J . , 1 G Ii i a $ . " " ;:; ~~ 6 z - i: . <i. '" - <.5 , ,.. '~7 "" '''' 1841 ,... "" w "" ,... . -' " , , u " '" 13 J I . if ~ " " , i . 0 .. 'l' , , k~' ~ . , 3 · . ~ Q 0( D " W g: . is 1851 , " 1~~ "'" ~ . . . . , .. ~~ '" . ,. " ~ " 7 - , .. - 3 ',1\V' 00 ',,., "" r- "'" ~ I- - - - ~/il 7 ~7' 4> 120V\ or 6 S 1J . ~ , ".. .. ,$ i( 421 k{~ - ~~ ,~ 't-- ~ CfNTER ./ 'BOO ,... ,... ",. "" ,~....~\ , , , . . e(j ~ - ~ ~.~- " " 23 24 \15U9 1.!!l- ,'" ~ ,... " " e . i " ~ 0,/ ~/ f MrMrs FirstName LastName Addressl City State PostalCode Ms. Leann Lindgren or 185')11 Centerville MN 55038 Current Center Owner Street Mr. & Mrs. Stan Hasiak or 6994./ Centerville MN 55038 Current Centerville Owner Road / Mr. & Mrs. Richard Thompson 7008. Centerville MN 55038 or Current Centerville Owner Road Anoka County HRA or 7026'/ Centerville MN 55038 Current Centerville Owner Road Mr. Harold Rivard or 7046J Centerville MN 55038 Current Centerville Owner Road Ms. Lorene Schmidt or 60211 Centerville MN 55038 Current Dupre Owner Road Mr. & Mrs. Fred Hollenkamp 6922/ Centerville MN 55038 or Current Dupre Owner Road Mr. Rudy Garcia or 6932/ Centerville MN 55038 Current Dupre Owner Road Mr. & Mrs. Kerry Knockel or 6942.1 Centerville MN 55038 Current Dupre Owner Road 6948/ .' Centerville Ms. Julie Erickson or MN 55038 Current Dupre Owner Road Mr. & Mrs. Dwaine Larson or 6954/ Centerville MN 55038 Current Dupre Owner Road Mr. & Mrs. James Gagne or 6956 j Centerville MN 55038 Current Dupre Owner Road I Mr. & Mrs. James Halstrom or 6960J Centerville MN 55038 Current Dupre Owner Road Raymond / Centerville 55038 Mr. & Mrs. Joyal or 6962 / MN Current Dupre Owner Road Mr. & Mrs. Roger French or 6968/ Centerville MN 55038 Current Dupre Owner Road MrMrs FirstName LastName Address! City State PostalCode NIT. James Becker or 6970/ Centerville MN 55038 Current Dupre Owner Road NIr. & NIrs. John Hagert or 6994' Centerville MN 55038 Current Dupre Owner Road Swift or Current Owner 6998 ./ Centerville MN 55038 Construction Dupre Road NIr. & NIrS' Dennis Maki or 7009 .; Centerville MN 55038 Current Dupre Owner Road NIr. & NIrs. Larry Boerner or 7014/ Centerville MN 55038 Current Dupre Owner Road Current Owner 6961'/ Centerville MN 55038 Dupre Road Current Owner 6965'" Centerville MN 55038 Dupre Road Current Owner 7003J Centerville MN 55038 Dupre Road Current Owner 7007/ Centerville MN 55038 Dupre Road NIr. & NIrs. Daniel Witham or 7015/ Centerville MN 55038 Current Dupre Owner Road Current Owner 7017' Centerville MN 55038 Dupre Road Current Owner 70 i8 v' Centerville MN 55038 Dupre Road Current Owner 7021/ Centerville MN 55038 Dupre Road Current Owner 7022/ Centerville MN 55038 Dupre Current Owner Road / 7025/ Centerville MN 55038 Dupre MrMrs FirstName LastName Addressl City State PostalCode Road Current Owner 7026/ Centerville MN 55038 Dupre Road , Swift Construction or Current 7030/ Centerville MN 55038 Owner Dupre Road Swift Construction or Current 7034/ Centerville MN 55038 Owner Dupre Road, Ms. EIma Halter or 7038/ Centerville MN 55038 Current Dupre Owner Road , Mr. & Mrs. R.E. Burggraff or 7040) Centerville MN 55038 Current Dupre Owner Road Mr. & Mrs. Lawrence Miller or 7042,;' Centerville MN 55038 Current Dupre Owner Road Mr. & Mrs. Andre Linde or 7050/ Centerville MN 55038 Current Dupre Owner Road Ms. Geraldine Westlund or 7052 ,/ Centerville MN 55038 Current Dupre Owner Road , Mr. & Mrs. Bruce Sausser or 7056/ Centerville MN 55038 Current Dupre Owner Road Swift Construction or Current 7057/ Centerville MN 55038 Owner Dupre Road Mr. & Mrs. Loren Clark or 7058/ . Centerville MN 55038 CUll ellt Dupre Owner Road Swift Construction or Current 7059,/ Centerville MN 55038 Owner Dupre Road Swift Construction or Current 7062 / Centerville MN 55038 Owner Dupre Road Swift Construction or Current 7063/ Centerville MN 55038 Owner Dupre Road Swift Construction or Current 7064'" Centerville MN 55038 Owner Dupre MrMrs FirstName LastName Addressl City State PostalCode Road / Mr. & Mrs. Allen Peterson or 7065 Centerville MN 55038 Current Dupre Owner Road I Mr. & Mrs. Malcolm Rawlings or 7069/ Centerville MN 55038 Current Dupre Owner Road Mr. & Mrs. Gerald Albrecht or 7071 / Centerville MN 55038 Current Dupre Owner Road Mr. Mike Marshall or 7075/ Centerville MN 55038 Current Dupre Owner Road Ms. Karen Marshall or 7077/ Centerville MN 55038 Current Dupre Owner Road Swift Construction or Current / Centerville MN 55038 7079'/ Owner Dupre Road Mr. & Mrs. Terry Chinander 7080v' Centerville MN 55038 or Current Dupre Owner Road Mr. Ronald Rowan or 7081/ Centerville MN 55038 Current Dupre Owner Road Current Owner 7084 v Centerville MN 55038 Dupre Road Swift Construction / or Current 7085". Centerville MN 55038 Owner Dupre Road Mr. & Mrs. Jeffrey Steigerwald 7087 v' Centerville MN 55038 or Current Dupre Owner Road Mr. David Bies or 7088 vi Centerville MN 55038 Current Dupre Owner Road Current Owner 7086 ./ Centerville MN 55038 Dupre Road Mr. & Mrs. Curtis Nyman or 7092 v. Centerville MN 55038 Current Dupre Owner Road Current Owner 6971/' Centerville MN 55038 Eagle MrMrs FirstName LastName Address! City State PostalCode Trail Current Owner 6975/ Centerville rvIN 55038 Eagle Trail Mr. & Mrs. Lawrence Stanger or 6977'/ Centerville rvIN 55038 Current Eagle Owner Trail, Mr. & Mrs. Hubert Casper or 6979/ Centerville MN 55038 Current Eagle Owner Trail 6983,1 , Mr. & Mrs. Clarence Waldera or Centerville MN 55038 Current Eagle Owner Trail Mr. & Mrs. Wallace Jensen or 6985) Centerville MN 55038 Current Eagle Owner Trail Swift Construction or Current 6989/ Centerville MN 55038 Owner Eagle Trail Mr. & Mrs. Ronald Klein or 6996./ Centerville MN 55038 Current Eagle Owner Trail ! Current Owner 699lV Centerville MN 55038 Eagle Trail Current Owner 6997 .j Centerville MN 55038 Eagle Trail Mr. & Mrs. Steve Harding or 7058'; Centerville rvIN 55038 Current Eagle Owner Trail Mr. & Mrs. Brian Hoffinan or 70591/ Centerville MN 55038 Current Eagle Owner Trail Mr. & Mrs. Nathan Newman or 7060/ Centerville rvIN 55038 Current Eagle Owner Trail Ms. Kathleen Fuller or 7061/ Centerville rvIN 55038 Current Eagle Owner Trail Mr. & Mrs. Robert Dewidt or 7062 v" Centerville rvIN 55038 Current Eagle Owner Trail Mr. & Mrs. Brad Lindberg or 7063" Centerville rvIN 55038 MrMrs FirstName LastName Address! City State PostalCode Current Eagle Owner Trail Ms. Roberta Wirth or 7065./ Centerville MN 55038 Current Eagle Owner Trail Mr. & Mrs. Robert Roslandsky 7068 ./ Centerville MN 55038 or Current Eagle Owner Trail Mr. & Mrs. John Olson or 7070 ./ Centerville MN 55038 Current Eagle Owner Trail Mr. & Mrs. George Gibson or 7074 v' Centerville MN 55038 Current Eagle Owner Trail Mr. & Mrs. Curtis Stiebler or 7076/ Centerville MN 55038 Current Eagle Owner Trail Current Owner 1851./ Centerville MN 55038 Center Street Ms. Leann Lindgren or 1859 Centerville MN 55038 Current Center Owner Street Mr. & Mrs. John Salin or 1716 J Centerville MN 55038 Current Heritage Owner Street Mr. & Mrs. Steven Lieffiing or 1724./ Centerville MN 55038 Current Heritage Owner Street Mr. John Mishler or 1740) Centerville MN 55038 Current Heritage Owner Street Mr. & Mrs. Leo Hensel or 1744 v' Centerville MN 55038 Current Heritage Owner Streej Mr. Richard Busse, Jr. or 1748 Centerville MN 55038 Current Heritage Owner Street Mr. & Mrs. Jon Gray or 1745- Centerville MN 55038 Current Heritage Owner Street Mr. & Mrs. Curtis McKay or 1749 ,/ Centerville MN 55038 Current Heritage Owner Street Mr. & Mrs. Joseph Goetz or 1721.1 Centerville MN 55038 MrMrs FirstName LastName Addressl City State PostalCode Current Heritage Owner Street Mr. Rodney York or 6923 Centerville MN 55038 Current Pheasant Owner Lane Mr. & Mrs. Kevin Navara or 6926,/ Centerville MN 55038 Current Pheasant Owner Lane Mr. & Mrs. T.E. Peterson 6933/ Centerville MN 55038 Pheasant Lane Mr. & Mrs. Raymond Kohler or 1843/ Centerville MN 55038 Current Pioneer Resident Lane Mr. & Mrs. Donald Barrett 1845/ Centerville MN 55038 Pioneer Lane Current Resident 1860/ Centerville MN 55038 Pioneer Lane Mr. & Mrs. James Cartier or 7048,1 Centerville MN 55038 Current Progress Owner Road , Mr. & Mrs. Richard Kinning or 7059 j Centerville MN 55038 Current Progress Owner Road Mr. & Mrs. Paul Anderson or 7072 / Centerville MN 55038 Current Progress Owner Road Mr. Nicholas Greeder or 7082,1 Centerville MN 55038 Current Progress Owner Road Ms. Carol Romie or 7085'" Centerville MN 55038 Current Progress Owner Road Mr. Michael Hillman or 7086,/ Centerville MN 55038 Current Progress Owner Road Current Owner 7087/ CenterviJle MN 55038 Progress Road Current Owner 7098/ CenterviJle MN 55038 Progress Road MrMrs FirstName LastName Address1 City State PostalCode Mr. & Mrs. Scott Sears or 6926 Oak J Centerville MN 55038 Current Circle Resident 6923 Oak/ Mr. William Michael or Centerville MN 55038 Current Circle Resident Mr. & Mrs. Patrick Dahl or 6936 Oak/ Centerville MN 55038 Current Circle Owner Mr. & Mrs. Wayne Kallstrom 6927 Ivy / Centerville MN 55038 Court Mr. Harvey Koski or 6928IvyJ Centerville MN 55038 Current Court Resident Mr. & Mrs. Loren Ellis or 6935 Ivy'! Centerville MN 55038 Current Court Owner Mr. & Mrs. Paul Korte or 6936Ivy./ Centerville MN 55038 Current Court Owner Mr. & Mrs. Ronald Zych or 6943 Ivy'; Centerville MN 55038 Current Court Owner Mr. & Mrs. Troy Livgard 6944 Ivy ./ Centerville MN 55038 Court Mr. & Mrs. James Thauwald 6947Ivy/ Centerville MN 55038 or Current Court Owner 6948 Ivy j Centerville Ms. Beverly Berg or MN 55038 Current Court Owner 1761 J Mr. Daniel Kupfer or Centerville MN 55038 Current Center Owner Street Mr. & Mrs. John Marten or 1768v Centerville MN 55038 Current Center Owner Street Mr. & Mrs. Steven Dixon 1769,/ Centerville MN 55038 Center Street Ms. Corrine Zerwas or 1776 ./ Centervil1e MN 55038 Current Center Owner Street Mr. & Mrs. Gene Lewis or 1777 ./ Centervil1e MN 55038 Current Center MrMrs FirstName LastName Addressl City State PostalCode Owner Street Mr. Scott & Ms. Lynn or Current 1785/ Centerville MN 55038 Munson Wright Owner Center Street Mr. & Mrs. Orville Hughes or 1793'" Centerville MN 55038 Current Center Owner Street Mr. & Mrs. Karl Solberg or 1800 ,j Centerville MN 55038 Current Center Owner Street Mr. Dennis & Ms. Jan or Current 1801/ Centerville MN 55038 Olson Hobscheid Owner Center Street Mr. & Mrs. Dennis Countryman 18ee ,/ Centerville MN 55038 or Current Center Owner Street / Mr. & Mrs. Murray Wilke or 1809 Centerville MN 55038 Current Center Owner Street , Mr. & Mrs. David Dixon or 1817/ Centerville MN 55038 Current Center Owner Street , Ms. Cynthia Ulshafer or 1825,.1 Centerville MN 55038 Current Center Owner Street , Mr. & Mrs. Sean Zwicki or 1832 ,; Centerville MN 55038 Current Center Owner Stree~ M.G. J.L. Post or Current 1833 Centerville MN 55038 Schoonover Owner Center & Streej' Mr. & Mrs. Keith Okan or 1841 Centerville MN 55038 Current Center Owner Street Ms. Saundra Gossman or 1840 v' Centerville MN 55038 Current Center Owner Street Ms. Audrey Burque or 1709 Main/ Centerville MN 55038 Current Street Owner Mr. & Mrs. Richard Wadell or 1724 Main} Centerville MN 55038 Current Street Owner Ms. Pamala Scheiblauer 1737 Main'/ Centerville MN 55038 or Current Street MrMrs FirstName LastName Addressl City State PostalCode Owner Current Owner 1738 Main,; Centerville MN 55038 Street Mr. & Mrs. Udo Wegmann 1742 Main / Centerville MN 55038 or Current Street Owner Mr. & Mrs. Jerry Helmbrecht 1745 Main ";Centerville MN 55038 or Current Street Owner Ms. Myra Mills or 1744 Main ~; Centerville MN 55038 Current Street Resident Current Owner 1751 Main J Centerville MN 55038 Street Mr. Richard TounU or 1759 Main/ Centerville MN 55038 Current Street Owner Mr. & Mrs. Richard Paulsen or 1764 Main ./ Centerville MN 55038 Current Street Owner Mr. Thomas Dupre or 1781 Main'; Centerville MN 55038 Current Street Owner Mr. & Mrs. Lawrence Perron or 1798 Main ,/ Centerville MN 55038 Current Street Owner Mr. Charles Nicosia or 6956 v Centerville MN 55038 Current Meaqow Owner Circle/ Mr. & Mrs. Ramon Lichtenberg 6959' Centerville MN 55038 or Current Meadow Resident Circle Ms. Katl1Jeen Tomperi or 6965 / Centerville MN 55038 Current Meadow Owner Circle Accent Homes, Inc. or 6960 ,/ Centerville MN 55038 Current Meadow Owner Circle David Pearson Masonry or 6966 ,/ Centerville MN 55038 Current Meadow Owner Circle; Mr. & Mrs. Jon Grahek or 6970' Centerville MN 55038 Current Meadow Owner Circle Mr. & Mrs. John Domagall or 6978./ Centerville MN 55038 MrMrs FirstName LastName Address! City State PostalCode Current Meadow Owner Circle , Mr. & Mrs. Joseph Musha or 6977 ,/ Centerville MN 55038 Current Meadow Owner Circle Mr. & Mrs. Matthew Haus or 6975/ Centerville MN 55038 Current Meadow Owner Circle Current Owner 69731 Centerville MN 55038 Meadow Cirel/, Current Owner 6967 Centerville MN 55038 Meadow Circle Mr. & Mrs. John Sarnstrom 6971 ,/ Centerville MN 55038 or Current Meadow Owner Circle Mr. & Mrs. Jeffiey Hanzal or 6983/ Centerville MN 55038 Current Meadow Owner Cirele Mr. & Mrs. Jeffiey Paar or 6984./ Centerville MN 55038 Current Meadow Owner Circle Current Owner 6989J Centerville MN 55038 Meadow Circle Current Owner 6992./ Centerville MN 55038 Meadow Circle Owner / Centerville Current 6991 v MN 55038 Meadow Circle Current Owner 6958~/ Centerville MN 55038 Meadow Court . Mr. & Mrs. Matthew Dunn or 6961/ Centerville MN 55038 Current Meadow Owner Court Mr. & Mrs. Michael Zwicki or 6965 ./ Centerville MN 55038 Current Meadow Owner Court . Mr. & Mrs. Jon Kvamme or 6960 ,/ Centerville MN 55038 Current Meadow Owner Court / Chu Shie Tong or 6956 " Centerville MN 55038 MrMrs FirstName LastName Addressl City State PostalCode Current Meadow Owner Court Mr. & Mrs. Christopher Vnak or 6970 v Centerville MN 55038 Current Meadow Owner Court Mr. & Mrs. Ronald Smith or 6975./ Centerville MN 55038 Current Meadow Owner Court Current Owner 6980 / Centerville MN 55038 Meadow Court Current Owner 6985 v' Centerville MN 55038 Meadow Court Mr. & Mrs. Todd Hassel or 6990 v' Centerville MN 55038 Current Meadow Owner Court Current Owner 6995 v' Centerville MN 55038 Meadow Court Mr. & Mrs. Timothy Linger or 1712/ Centerville MN 55038 Current Meadow Owner Lane Current Owner 1704 v Centerville MN 55038 Meadow Lane Mr. & Mrs. Sheridan Brommerich 1723 ,/ Centerville MN 55038 or Current Meadow Owner Lane Mr. & Mrs. John McLean or 1 724 ,/ Centerville MN 55038 Current Meadow Owner Lane Mr. & Mrs. Andrew Barborak or 1728 ,; / Centerville MN 55038 Current Meadow Owner Lane Mr. & Mrs. Joel Hubbell or 1735 V Centerville MN 55038 Current Meadow Owner Lane Mr. & Mrs. Dennis Juvland or 1743 / Centerville MN 55038 Current Meadow Owner Lane Mr. & Mrs. Brian Nelson or 1747'/ Centerville MN 55038 Current Meadow Owner Lane Lois Cordes or Current 1751J Centerville MN 55038 1- - MrMrs FirstName LastName Addressl City State PostalCode Owner Meadow Lane Mr. & Mrs. David Brown or 1755 ,/ Centerville MN 55038 Current Meadow Owner Lane Mr. & Mrs. Christopher Hogan or 1763 v' Centerville MN 55038 Current Meadow Owner Lane Mr. & Mrs. Bryan Carlson or 1771 ,; Centerville MN 55038 Current Meadow Owner Lane Current Owner 1774 J Centerville MN 55038 Meadow Lane Current Owner 1780/ Centerville MN 55038 Meadow Lane Mr. William lngison, Jr. 1762/ Centerville MN 55038 or Current Ojibway Owner Road Ms. Jean Davis or 1764.1 Centerville MN 55038 Current Ojibway Owner Road Current Owner 1759 y' Centerville MN 55038 Ojibway Drive Current Owner 1761/ Centerville MN 55038 Ojibway Drive Current Owner 176Y Centerville MN 55038 Ojibway Drive Current Owner 1765 y' Centerville MN 55038 Ojibway Drive Mr. & Mrs. Thomas Conlan or / Centerville MN 55038 1819 J Current Voyager Owner Court Mr. & Mrs. James Juhl or 1825 / Centerville MN 55038 Current Voyager Owner Court Mr. & Mrs. Thomas Johnson or 1829 .I Centerville MN 55038 Current Voyager Owner Court " Mr. & Mrs. Russell Lucas or 1833/ Centerville MN 55038 MrMrs FirstName LastName Addressl City State PostalCode Current Voyager Owner Court Current Owner 1839 v" Centerville MN 55038 Voyager Court Mr. & Mrs. Steven King 1 724 Sorel'.. Centerville MN 55038 Street Current Owner 1744 Sorel ....Centerville MN 55038 Street Mr. Jim Halstrom - 6960. Centerville MN 55038 Townhome Dupre Owners of Road Eagle Pass EAGLE PASS 2ND PRELIMINARY '" ";:~,~"".:" '.'.'0 "1',1 "'''' , f/ I \\ .~\i: ~ Lr t:1 .. ":" ~ ~Z\"-"'" .t<\~ ~ . VICINITY MAP S[CTIOf'! ~3. lOIwt>><IP ~, . fWll::t ~2 ~rTO~CALr " " " "'c":" " '~(~';'..>~~:::,,~'i.:'~ . '., l~ 1~ ~;'~0.~' .::,:>./ "', .~ ) ,.'.' '/.:- ;.' ,//. . -', /",: " ,",-:'" ,,-;.- ( " ii /.- -//'-' /";' !j;:"" \X \ '\. "-.:-,\'\\ "-"'""-' 'fs ',\:',- . " ,Y 12 11 '" 13 1 ~11lE[1 " ..... ..... '- ..... ..... T2Y i:.:: \ \ ~'; ,'~\ 7~'('\\:'~:~\:\: \ \ " ^' ~ . ~! "' , .U " n'_~ , " TYPICAL SINGLE FAMILY TOWNHOME NOT 10 SCALE 17" MIN_ BETWEEN BUILDINGS 15't,lIN.8ET\\€ENOARAGE /' ADDITION PLAT for GOR-EM, LLC CENTERVILLE, MINNESOTA " ~_ i Xl'- \-'" "-" \\ -', ). .... '>':e:\ / -' ~ ",Q .;. of - ---'"",,;-: "Iii:;'" C""",,,,",,,__,_,_,,_, ...,::.-~., -,," "0';.'-;";'-' ~ . .... , '!(,..'J'J ... ....;,~\ , , , , , , , /. )./' /' /' /' /' /' ,/ ~-., ".r ',n: \ 0/'T'_\~;,~,'.'~+::'~ // ,I I'i/ . Ii Ii Ii I{ Ii /' L{/' \~ .- o /-.'" , ".(" \. /' --, /' /' '. "" '" \ '" \ \ \ /' /' /' /' /' -~ , l ,. " " , '\ ' ;x' /' '\ /' \ \ I I I I "'~---- / " ,,1. .,# /' \, I /.', ..... ~ ORAPH1C SCALE , g eOU!'lI;lARr PROY'lPEtBY, "lawn! Lona s~",otyo.... .t &lC;oIIE"",I.......lne. 7\0 E~t Ri"".Rood Ano!oG.Mn.SS30,5 (n}),U-1iQ99 , ::'!' .~ _ .J~ -- '0 TYPICAL TWIN TOWNHOME NOT TO $CALE {INn:!."TJ J mo~ -110 !\. T DWNeR AND GOR-CM, I..LC SUlIIJI'//lJER, 1&75 COMlt/ERC"'-L BLI"P, ANlXJ"'ER.j,fN.~ (7&3)7!>!>-6~ ENGINEER: L5J cMINClRlNl; 1875 COIlMEf/C1Al. BJ.Yll. ANiJ()YER, /IN. 55J04 (76J) 882-J:/a1 J.mllQ j'_M..........} OUIClTES WE11...oND OCUNEATION aT I.~..._._../I RL~ a: ASSOCIATES. 4-96 .", l.J11l.lTl'POlE ," DENOTES :SOI~ llOllING -;/ , / 'v OENO'mi EX ~. IlIJUlotlNOUS TRAIL /i' ,/ / , , / " \" 0';, "'~" '., ''''- OENorESrx.5'COh'CRGESIOfWIIlK TO"I,o,l "eRES = ~.7 SITE OP[N SPAC( '" 2.S1I1CRES PERCEN'TOI'[NSPAcr:o 2.91jS.7:51.0Ji: S1~[f"""'L'fD[lACti[D TClWNHOlllE: "!WIN TOWHHOlotES: 1:;' SIJ'lOLEf......ILY: L_J ~@~~@ IB7SCO....ERCI.o.l.8I.\Itl. AHDOVER, IolN. 55304 ("&!.)li62-~1 I hereoy Cetiily lnot In;. pjcn, Speejfic~jj"" '" ,..port was ~'e~o'OIIl by rn~ '" urtll.... my ~j'~ol >IJ~eI",,~Jon ""0 lr..lll gm" Ouly(~is\ere<l P,gf.scsi""'" EnQin....uml"r lh.lgw. of lhe Slal.."rldinn..aIQ ___~__L.t'~____ ()ate ~(UQL Regi.t,,,!I,,,, Na. --.l~(j)___ IlEVI'3JCtfS:G/\lljOltClHCt::IMlIlt",'S) 10/9/01Cl"lANG(BlOCKlfluILDING ~ , , Dear Mayor and Council members: My name is Kati Newman and I am the owner of Hair Update Family Stylists and Tanning currently at 1847 Main Street. I moved my business from Hugo to Centerville almost two years ago. My current location does not have the space required for my employees to perform the services the community has asked for or to utilize the full potential of my current employees and/or future employees. An opportunity came to expand my space, services and staff into a Day Spa atmosphere in the new strip mall being built right next to my current location. Recently it came to my attention that council desires business owners to display an extruded aluminum cabinet sign. I have had experience with these signs before at other locations. These signs are very costly to the lessee and can be a high maintenance issue later. Council is also requiring that I have two of these signs off centered from my entrance. (See diagram, page 1). I am requesting a sign variance. I would like to put up a sign that centers over my door and utilizes the building peek above my business entrance. (See diagram, page 2) I am also requesting that that sign be flat with two lights facing the sign. I feel that it will both enhance the look of the building and yet be cost efficient for my business during this growth process. Thank you for your consideration, Kati Newman - 10 u_~~__, ' ".' ~. .. %e- @) I~"'~' ~~ ~~"~~o~~.~~....~~." i!i:~~o. _~"~.,.._.~"~~~..~.~_~~~~~,,,. I ~ . I I " '" "" ,j.;.... / ' I I ",R.~j,f. ;ll~""~_______________/ .__... r.---- - ---..------..----------~-, C):4 ,,-c "CCJ c=J L-j. . I __ "--q-,-.-.~c:=:J.._____.._______ __"'_" --'-_ _________.___._.____ _____.____.____.,_,___ [J-/ D_J [YJ [..IJ [J. ] [I J " Building Sign Concept (Not to Scale) *~-m tt>r , 96" "E', -------------,-- -.. ._-~..._---~------,--- ...-- Ii . ,.._ __. __ _ ' 3' X 8' Bul&ng 6randa-d It?nanr ID 6ign (, t'-~ (~) . '.'';;; (I-- _',/~} 0" , r-~-(Q) 6ide View {AI 36" NEW TENANT GRAPHICS A}7" Extruded Aluminum Cablnel. B) Paofonned Lexan face C)96" High Output L!IIllPB O)UL On/Off D.a-connect C)Cold Weather Rapid Start BllIlaS!. UPTOWN CENTER 1865 Main Street Centervllle, MN 55038 -1'--------.---- u .~ ---.--..1f"" 'i ~ t-J I/''\... LJ 0" \) I st/' I \. I 11, \ <' l t.~ [' . >- / (p L) ,~t /}\' \ .... ,(t..t e,I"-., ,.1'- ,,)1-\ (l,- 'Jp~ SPECTRUM SIGN SYSTEMS, INC. ; <. . \"--.. '. -~v )lJ, \. ',_ . : t-',. \.;- , "-' . ;.....,- jd.<J' . 1 DESIGN . FABRICATION INSTALlATION. SERVICE 5880 I rn", WVomlng. MN, 55092 651-462-2613 (FBX) 651-462-2492 FROM CENT PHONE NO. 651 429 8629 Aug_ 09 2001 12:53PM P2 GRADING PBRMIT APPLICATION ~ITY OF CENTERVILLE SITE ADDRESS: 6812 - 20th Avenue, Centerville (1...........",., 'lno~e<,. LLL 'kzm':'.l.J.a.l 'fEanl!il*1:rt I PHONE ~ (,.6f. ic'?( - 'YD70 OWNER'S NAME: LEGAL DESCRIPTION: LOT ___, BLOCK _, TRACT: pm 24-31-22-33-0001. CONTRACTOR/DEVELOPER: MlIfJ.ler Pipe Line CIVIL ENGINEER: Metro Land 8urveYi!,~ & Engineering PHONE: PHONE: 651-766t'OH2 TYPE OF CONSTRUCTION: REGULAR ENGINEERED XX DESCRIBE WORE:: Expand Parking Lot CUBIC YARDS OF CUTS: 4190 CUBIC YARDS OF FIl.L: ZONNING CLASSIFICATION: I APPROVED USE: SPECIAL APPROVALS REQUIRED: ZONING SOIL REWRT RICE CREEK WATER SHED _____ FIRE DEPT OTHER THE UNDERSIGNED HEREBY MAKES APPLICATION FOR A PERMIT TO UNDERTAKE CONSTRUCTION AS SPECIFIED ABOVE AND AGREES TO COMPLY IN ALL RESPECTS WITH THE BUILDING CODE AND ALL CITY OF CENTERVILLE ORDINANCES AND TO ASSUME RESPONSIBILITY FOR EMPLOYEES, AGENTS AND ~UB~GeNf~AefeR~ AND CONSENT TO NEOESSAaV INSPECTIONS. ~';'~:ATVRE //~~. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * GRADING PERMIT: $ PLAN REVIEW FEE: $ STATE SURCHARGE: $ OTHER: $ PLANS APPROVED: BUILDING INSPECTOR TOTAL PERMIT FEE $ GRADING PERMIT NO: L """ '""'"" ".,J""",',.^,"".~, ,,- -" . "'-lC,-,.":,3:~:"'.~ o,-::",:"-,,,,,''O';"'?,;__i'~:.,:.,::''M~.' ;'"-:'-~"- . RICE CREEK WATERSHED DISTRICT 3585 N LEXINGTON AVE STE 330 ARDEN HILLS MN 55126-8056 PH# 651-766-4191 FX# 651-766-4196 PERMIT NUMBER: 98-61 c: City of Centerville District Engineer RCWD Inspector RCWD File AMENDED PERMIT Pursuant to the Rules and Regulations of the Rice Creek Watershed District and the District policies and standards, and based upon the statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made a part hereof by reference, permission is hereby granted to the applicant named below to conduct the activity described below: Name of Applicant (Permittee) Project name Surety Amount County Terminal Eagan II, LLC Terminal Truck $2,000.00 Anoka Attn: Brent Coatney Maintenance Address (No. & Street, City, State, Zip code) 6812 20th Av S, Centerville, MN 55038 Phone # 's Fax T Cell Phone IMisc (651) 407-6200 (651) 407-6300 Authorized to / PUlpose of Project: Pinal Site Drainage Plan for a commercial building and bituminous parking lot, 6.6:!: acres in accordance with Grading and Utility Plan prepared by Paramount Engineering, dated May 26, 1998, rec'd May 26, 1998 and parking lot expansion plan & detail sheet prepared by Metro Land Surveying & Engineering, Inc., dated 9/20/01, rec'd 10/3/0l. . Property Location Date of Issuance Expiration Date Northeast corner of Cedar Street and County Road 54, 10/9/01 4/8/03 Centerville This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GE~RAL PROVISIONS 1. The project shall be in accordance with.the plans most recently submitted and approved by the District as part of the record of this project: 2. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed in accordance with "Protecting Water Quality in Urban Areas-Best Management Practices for Minnesota." MPCA, October 1989, prior to commencement and shall be maintained throughout the project. All exposed soil shall be stabilized as soon as possible and no later than 14 days after the completion of the grading. The District Inspector may require Permittee to provide additional erosion control measures beyond those included in the approved plan at his discretion when site conditions warrant. 3. The soils erosion and sediment controls for the rough grading phase of the project must be installed prior to any grading operations. The District Inspector must be notified when the initial erosion controls are installed and prior to any grading operations (65/-766-4191). 4. Upon completion of the project and stabilization of all graded areas, all temporary erosion controlS shall be removed. ---l I .. 5. This permit is not assignable by the Permittee, except with the written consent of the RCWD. 6. The Permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the RCWD for inspection of the work authorized hereunder. 7. In all cases where the Permittee, by performing the work authorized by this permit, shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the Permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests needed for the work. 8. This permit is permissive only. No liability shall be imposed on the RCWD or any of its officers, agents, or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the Permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person against the Permittee, its agents, employees or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the RCWD against the Permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions oflaw. 9. Any stormwater management facilities approved as part of this permit shall be properly maintained in perpetuity to assure that they continue to function as originally designed. 10. Within 10 days of project completion, you will notify the District Inspector at 651-766-4195. Once the Inspector verifies that site conditions comply with all permit requirements, your cash surety will be returned to the remitter. II. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS PERMIT IS A VIOLATION OF THE LAW AND MAY RESULT IN FORFEITURE OF PERMITTEE'S SURETY. SPECIAL STIPULATIONS If permit 97-141 regional pond has not been completed at the time of site construction, an on-site NURP pond will be required. Authorized Signatures: -)~ w CActctW- Tom Waddell ~ President, Board of Managers ~Jv,-V-.A-l~.. ('-G^'-cl~d! ~ Andrew 1. Cardi , Sr. ~ Secretary, Board of Managers jdm I I I I I Ll I I I I , I , " "'I .~ " a ' gl I , 1:.-. , ' I X_n --~0! <~1'~ , i 1 , i , ii iii 'I " i' t- ! Q 0' ~ i e1 z " 0 5 0 ~ ~- ~ ~ 0 ::::!i " ? '" 0' I:' ~ rn ~ ! ! ! " , MuELLER PIPE LINE PARKING LOT EXPANSION i i ! :2 :"S , , i ,! ':!il{".;~:;~~::~ l' ,t, ,,!,,,l..,,1[ ',.;''' >"',., I.'" , p,,\ " \}~~":-?'so" ~"P" <1'.' ,f V,," -,i,,'," IT i~::~i:'#,4' ,)- :!f :;: ~ ~~ ~ . ~,( +'. <~., ,...<W;; ~ ill'" \:0' #:~_ -~ -#--" , .*_ _ i 1 , ,:......_;_ . ~~ ----c >>o,~..- , ~f't,'~:"."""'" ""B'::OING FLOOR I' " \!' ELE 'fA TiOi',! 906.92 ~ I to ,,;"~'." ~'1> ~ ~ ... ..~ fl'"" ..I/,p"' :;-. i! II ~.,~ i-:J I'" 1 tC _(':\!~"tl QST 1 -I : \ fI:..f ..r 1;:~ / e' ,cr, .^,l '~ ~ ~\, '" 'l~..? j -:;. ~.. WI GUARO~)h ;. :\~ \ ....': "lit?:,'. "'\ 4' .' '" I ~ ~'"~ ,- ,- -, ~" ~,I ~~,t!JO'P';".F ~ ;.l;i ,~ ,oI'f' ,.,,1 \ ~~\r ~f, iW ~ '" .; .p, I "' "'" ~_ "\ .~ ;1~;~,,:,) ~;:::> ~~ k' .. '\ ......__. fl. ~"'. .', ...~, 'I -~ ;1' ~, $9 I . '<{/tAt :5ff'~' ..~ ... ,~ ...~. i"o".~~~.==::=~:~}.~~j~~~""~_~~~~:2: 90', ~ ;J;~ ~#' ./?~' "t /' .;:~ . 1,''-' \ ~ _-...J'_".._""_~____ _ SB9i'{)':.f.f'W. I' I __ ___ _._Ol~~,,-_ '-::-:-":=,:.;~.~~i-~.._>.:;::.:,:..:; ;1: :1: 'I" 'I' l' I I I: I: I: I; i , ...1," '1' ~ -I' _" ,:. ~" .I.. -:b~ ,$-~P--~ ~- - - ! "-."CONe '1"'ll~Ei" "'&JTTER ~~. .../ ,il ;<i/' ;p-t' i '.??s ., :~:~_.- ~(~ .> ~ ". .j., " ",,!' ~.;' T ..- '\.U!ST!NG SITE'- ~ ., ,I, " t..i'rt* ./ gV"#.; - AGGR~AL I I ... '" I I ~"'.'''~\ ,,,,' -- ,~ ,^ '" _' #'".~ ,,-'0" :;/. "v~" J,~ ,p. .$~ .... I ,/ ~#'. .~.." ... ... =:? . 0% .-.--... .-....... [-'-'reI-{ ,~i.';' ./ ~~~'" J .p~ , ", .; r -,'" CoNe vALLEY GUT1'ER :; ~ ~..fl,p-r- l/ .. ,:-i': '^ II,f.,T!;::; ~"AJ~.t:...'.' "~--.i~'~:~~~~~~::i~_:~!'~:.~~~~~~-~~~~fft~;~~~~~~~~~~~~:.- _.__ ~HC.'i'-' --' _.:::-:..."'l'JJ:l:;!, ... .jt-~~_n_ -~.: -~:~--~~~~:~~:~~~~~~~~~~~~ o ; NORTH ~ ,j ".~ ..........J \! !i , '. " i i-..-..>U-' . (O<'--'U) , In<' ~ '10 It- CRAPHIC SCALE "t" )-F . ! ," /' / " /'1' I ! ... .,~ .--.---,,,,,.<..,--~ -O~ '11 ......._.c- ----2.!~G., _n_n.':::::'- _n ,_._n"_._. - -- - -- - --- - -- - ..- - - -_ _ _--;-_ _ ___....~,-:-::~::"::-:::=::~-::~_-sm:0Q"".:-.-_~:.:...-_-:-._.--_._-~"=~=-=-- ____ __ __,,_. . ...-GEDARuuuc-8TREE'T.. ... _."9'AV'LhW2j'-:,',~un...nu'..n ~ ~:::iiH7f'i~::"7F=-;'--~~'=_:"~:=~C'''':':',",,,,:_,:,:,:,:::,,,,:':::::-::.~'~.I:l'.~,,--- :J;ra~_ l'.~ _'" .:.':na'i~.;';j ,... _,_....., O<__~, ,~. 3""",_, c"",j.. O( ",;en 2'-. 'o.^,.... ", ~G<"9. 2.. ~~o" e,,~~,. "'.........l< ,,..,....\,,,.-o.\'.lo"\.,O,~~''''_\!''''''".,''''..c,,,'_...- "'..<......,'"", <ol...,... ,......, ''''''..... .... -. ._"'''';,... _, .,. ~_.. .,.-"'.........,----,'...,..,..', -=.::~'~~'"'.""-'-' ~...t.f~ -.4.,-" . .~ n____"_.._ --._-~: bHt:,.,...-.-,. -,..-:-;- METRO ."''''.">1:r -~". ""... ,,,...., ""~. ~,,-.' ,,,,.,,170 ",,_c.;-;;; 0<0.:-'''' BALE CHECK DETAIL ,ww --;.;{-='>- ~i !;tC"""WO SP"-ClNC 9ElWi'.:EI<0I1DlC>iEClCS O\,C>, "".'" :".., '''CHO (/l'~) _-----L- \ -. ---,t----- -',~- 1-.1",," WOOD ,'....ts O~. to,C "-_... (......""'''.''''''1 'ePe. _.........'_.....0...,. NO'lt:o -..~".'2~._......... -..'<,.........--""" ....-..,,"'........'0........., -1........- OI.:SlG>l CRIIt:~A (B.4rS~ ~......:.':.-::~ '....',;;:-- ......\d,.._ .% ".. .."'''... ~." ,..-.. SILT FENCE ~~OPO)( 'S"-T :lJ~P- ".."e ~,1 ~~~..sTN TO 5'''''':S ('/ o.mlNC G~'OC i.-: h , _~J..,=..". .'''..c..., . . , 1~:S'-~'2[' I I f!l<)~'i.'J\o._"",.r-__j ROCK CONSTRUCllON EN1RANCE /,/ """--- ~. . _/:;..:0_ E)(.S-'NC ceo lOURS NeW ::O"lO~ EX,STlNG:;PG' :H:V"'-T10, New SPOT r;:\. .1\110'1;; .1 :1 , ~ ~ I~ , I~ ~ I' , . ~ r fa€ i3~~ ~,~ .... jg ~~~: ~;i; ~<O 0' ~i ". , f -c:o;.. xe'ilf!i.2 SlllFtNCl: NOTES PI1'Cf< :0 Reo'G;' (",^;J,,/<C. 'I'ISU'!.L S,',r. ,C( ;.'. ; ;", I;~ ""_;~I>' 0<1 ", "'RH;r~{} 9'f "'e ~:;;(;;N[(R_- M~r ,,~AL ~','l: < 'r 'k... ~, "rO_',,7C';J "',u<C ~oc'"'- :;C<<I)I"DJ'OS r,c~',) /;'W(;" r."AO,'~G Sh'<~l !'~~C<;:O ,~,~ ,','! I ~ P ';~i:! ;~:S TO '<lI\'ll.'I;'C l:~'::C'."~<7C=' A<n:A5 "5 (."'>' MWJ., )ur:;,f.>f '~f ;HrF is r" ;:~','J, "'''(!'~ ',,-,;0.:: ';P$("I, =0, """" ltC,Ct< A~r.HO'l1C .:' A S~f'A;Ci, r:- :;rsc '''l~rW! ..B HOUilS ,,'r"~ '-.:If^~':-l(; 'M,...:,""", AND "'!P,,-,", SOH ro.;a;s (I,W;i.l"c,"C l>9dC~A. ACCII-V"IAlI'1J SIl1i uN'1i1 1+1;1-',',,-:,(1" 15 ~SlAllIiSO-;~fl ~IC" ~C )$E >.I~;)()r ),..,,~- ~OO, 1<I,,~(:if i~"'_ , (O! iONS. ,-ie:)_ ~J.!) 'J~ P(lNO!M> "IitAS ro Sf: l<Ioj){). rwc 1.:1A {~ !jr,_flOw W~). ;or'S;!Jl ;v ae Ht"~''''~Ai! "" A 8~' '" a ,< '''O"ltS v- 'l~( fFlON: ..>,Oii,AR?OIl.TIOill5Qi'rHEI.OTS, a~ ~~~ " > ~~~ 'j , i~j ~ (:; I: " ~~ /" ~ /" VARJi..i-- ------- 't 1:1' - CLASS :5 10Q% CRv$H(il ..'" ,1 \1 I :m 11" i; :i!~~~~ ~- ~~d< ~ .~~~ii !~m} AGi,,::(GAlE BASE, NOTE. All ORGANIC DR OTHER UNSUITABLE MATERIAL SHAll BE R(MDVED rROM BENEATH THE SUBGRAQE PARKING LOT SECTION G2 /-_.._-.~_._--_. ---~_.__.._---~--.--_.-._,-_._--------.--- --,-------- f Uptown Cenler 9/20/01 -- ---, . . 1 ._-----~_._-~.._-~~----._-_._- -------------.-.-.--..,--- .. ..----,.-.--.. . --~-"'-...-- (,=""c,===,-"C===='=~'=_="'==_'-==~='=='=-_="=='=""_====.=======.____. __===_==..~.~.==_.==_===_=.=.=========== i ---' 0 .-T-j----c:::::r--- -. -0 D---.--L:J.-==I----r-~_J. L__ Building Sign Concept (Not to Scale) 96t. (E) T 1-0) -- ..~._.---------~,._------.--_.--_.._-,. _.~-- ----..- -I Q --{!J) 36" NEW TENANT GRAPHICS I 0---j(Cj /- (/ J -(P) 6ide Viev,! ;;,' X 8' Building 6l:a1dard T erl<ll1l: ID 6ign UPTOWN CENTER 1865 Main Street CentervllJe, MN 55038 I ~..- II!!!- .Id!!! ,....".R. .fA.. --.- ~W_ h liW'-. J V."fI SIGN SYSTEMS, iNC. Al7" Extruded Aluminum Cllblnel. B) Panformed Lexsn Face - C)96" High Output Lamps DlUL On/Off DIs-connect ElCold Wealher Rapid Start 8all86l. -, -,--,. .. ----.,-.- .--..-.-.- -"--,,-"-. DESIGN . FABRICATION INSTALLATION. :":ErlV/Gi; BollO Flint Trail. Wyc,llllng, MN.6601.l::: G51..162-2613 (fi:J.",) (l6;~~o2~.i49~: ~----~ \ ! i , ; : i , I I . . ~ GASSEN COMPANIES ocr i ~ ~lJUl .', October 24,2001 Tim Swedberg, Mayor 1-Kim Moore-Sykes, City Manager Council Members City of Centerville 1880 Main Street Centerville, Minnesota 55308 RE: SINGLE TOWNHOMES OF EAGLE PASS COTTAGES Dear Mayor Swedberg, Manager Moore-Sykes, and Council Members: As managing agent for the Single Townhomes of Eagle Pass Cottages Association, the Board of Directors has requested I contact you in regard to street lighting. A major responsibility of the City goverrnnent is the safety of citizens. Last July, the residents of Eagle Pass Cottages submitted to you a petition including a request for added street lighting on streets in the first Eagle Pass addition. Now that new streets are to be developed and new light will be installed on those streets in the second addition to Eagle Pass, we would like to request that six additional streetlights also be installed at the same time in locations that will help prevent potential accidents. We remind you that many of the residents of Centerville who drive these streets are elderly, and that the stree5ts are curved in unusual and severe ways, and that the present lighting does not provide adequate light when the curves in the streets prevent automobile headlights from properly lighting many portions of the streets. A driver's response to a situation where a pedestrian or bike might present itself suddenly in one of these many iocations could easily be fatal. We suggest that you drive these streets after dark to see just how dangerous they really are. An amateur study of the lighting needs seems to indicate that new street lights in the following locations would solve this problem, but perhaps the City engineer could be directed to conduct a more professional study. The locations we have identified are approximately as follows: . 7018 Dupre Road . 7057 Dupre Road . 7077 Dupre Road . 1857 Pioneer Lane . 6989 Eagle Trail . about 100 feet North of the NW corner of Dupre Road and Voyager Court 4501 M1NNETOi\IKA 80ULEVARD /" l\iilNi\lEAPOUS, MINNESOTA 554.16 ^ (952) 922-5575 t . . Tim Swedberg, Mayor Kim Moore-Sykes, City Manager Council Members Page Two Please advise the Board of Directors of what action the City of Centerville will take to address this important safety issue. Thank you. Sincerely, ON BlftrALF 0 fJfk cc: Board of Directors /JAW , ' CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION OCTOBER 2, 2001 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on October 2, 2001, at 6:30 p. m. PRESENT: John McLean Ray DeVine Brian Hanson Barry Brainard Tom Wilharber ABSENT: David Kilian, Rob Sheppard. COUNCIL: Linda Broussard Vickers STAFF: Acting City Administrator/Public Works Director Palzer I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:35 p.m. II. PUBLIC HEARING(S) None. III. APPEARANCES 1. Mr. Bart Rehbein. Preliminary Plat (The Shores) - 1475 Mound Trail Mr. Rehbein indicated that the Preliminary Plat had not changed other than to add the requested details discussed at the previous Planning Commission Meeting. Chairperson Hanson asked ifMr. Palzer felt there would be any problems with having the pond located close to the road. Mr. Palzer indicated it should not be a problem because there is already drainage in the ditch coming off of Mound Trail. Commissioner DeVine asked if the City Engineer had reviewed the preliminary plat. Mr. Palzer indicated that the City Engineer had reviewed the Preliminary Plat and will provide comments in the near future. Page 1 of 15 Commissioner DeVine asked if Mr. Rehbein intended to provide an entrance monument for the development. Mr. Rehbein indicated there would be a monument sign of some type. He then noted that Rice Creek Watershed District had required the pond. Linda Broussard Vickers of 6756 Centerville Road inquired as to whom would own the outlot. Mr. Rehbein indicated he would maintain ownership ofthe outlot and turn over maintenance of it to the homeowner's association until he is able to work with Hal to create two lots in the future. Mr. Rehbein indicated the lots not on the lake would govern access to the lake through the homeowner's association. Chairperson Hanson indicated that Mr. Rehbein should have the Park and Recreation Committee review the preliminary plat. Commissioner DeVine explained that the Ordinance does not require Mr. Rehbein to have the Park and Recreation Committee review the preliminary plat but said as a courtesy the City would like him to do so. Mr. Rehbein stated he understood there is a standard way of dealing with park dedication fees but said he knew the City showed leniency to Hal when he did the five lots. He then indicated he would like to discuss the park dedication fees with the City. Diane Letender of 1397 Mound Trail indicated that the power runs along the lake and the power company does not havc an easement to get to its lines. She then asked if the lines would be moved. Mr. Rehbein indicated he would be granting them an easement and having them bury the lines all the way across his property. Grace Dell of 1321 Mound Trail indicated she has lived in Centerville for 47 years. She then indicated that the power company has no way to access its lines when there is a problem like last summer when they went through her mother's yard and ripped it all up. The certified land surveyor, who attended the meeting with Mr. Rehbein, indicated he was waiting for verification from the City Engineer as to whether the utility companies maintained their rights when Mound Trail was vacated. He then indicated that there is access to the lines from Main Street by walking in. Commissioner DeVine indicated that for this plat the power company would have an easement. He then said it is unfortunate that the power company does not have an easement all the way down but said the problem was created a long time ago and there is no way for the City to fix it at this point. Ms. Letender indicated the power company might use the City's easement to get to the power lines. Mr. Rehbein indicated there is a process through Xcel for residents to move power to the boulevard. Commissioner Wilharber asked when the road was moved. Page 2 of 15 L Ms. Dell indicated the road was moved in 1978 or 1979 at the same time sewer was put m. Mr. Rehbein inquired as to whether the City had an Ordinance that required the City Engineer to do the construction drawings. Mr. Palzer indicated he thought the City does require that the City Engineer provide all utility drawings. Mr. Rehbein then asked the Commission to consider allowing him to use his staffto do the work as they can do it a lot less expensively. He further indicated the City Engineer could still review the drawings and do the inspections. Mr. Palzer indicated he would check into it. Motion by Commissioner Wilharber. seconded by Commissioner McLean to recommend that Council aoorove the Preliminary Plat for The Shores. All in favor. Motion carried unanimously. Commissioner Wilharber recommended Mr. Rehbein check with Ms. Bender to make sure that the matter is posted in time for the public hearing at the Council level. 2. Mr. and Mrs. Jeremy Bates - 1977 South Robin Lane Mrs. Bates reviewed her situation for the Commission and indicated the variance request was denied by Council because Council would like to have the Commission change the Ordinance. She then indicated that the current maximum accessory structure is 200 square feet and they had requested a 400 square foot garage. Mrs. Bates indicated that of the 39 houses in Royal Meadows 20 houses have two car detached garages and only six (6) houses have no garage. Chairperson Hanson explained that the Ordinance would not be changed at this meeting but said a recommendation will be made and the matter will be published for a public hearing. Council Liaison Broussard Vickers indicated that at the Council meeting the City Attorney had indicated he would prefer that the City not govern by variance because the City would have to look at granting any variances of the same type. She then explained that this request was double the allowed size and. while Council was sympathetic to the Bates' situation, it preferred to change the Ordinance rather than granting the variance. She also noted that Mayor Swedberg had asked that Planning and Zoning hurry the matter along even if that meant scheduling an extra work session meeting. Commissioner Wilharber stated that, if20 of the 39 homes have two car garages, the City must have granted variances in the past. He then indicated that he feels that one more variance would not have been detrimental to the City. He further indicated that he did not feel that it made sense for Council to deny the variance in this instance. Page 3 of 15 3. Mr. and Mrs. Paul Dense - 1667 - Fence Issue Mr. Dense told the Committee he had a question concerning the fence Ordinance. He then noted that he understands the Ordinance to require that a fence be placed two feet off of the property line. He then asked why the Ordinance is not enforced. Chairperson Hanson explained that most of the City's Ordinances are enforced by complaint because the City does not have staff to patrol the City to look for Ordinance violations. He further said that, if the matter is not brought to the attention of the City, the City might not be aware of it. Tracy Tratar of 1710 Peltier Lake Drive complained that the City is taking away more of the residents' property by requiring that the fence be put two feet off of the property line. Commissioner DeVine indicated that he wished more residents had come to any of the 10 or 15 public hearings held concerning the changes to Ordinance #4 to provide input. He then explained that the two-foot determination was made to allow for maintenance of the fence without the need to trespass on your neighbor's property to do so. Mr. Tratar noted that residents do not pay attention to the Ordinances until they have a problem. Council Liaison Broussard Vickers indicated that somebody had come to the meeting and asked that fences be placed six (6) to ten (10) feet off the property line. She then indicated that the Committee had attempted to weigh both sides of the issue and determined that two feet was adequate for maintenance. Commissioner McLean indicated that the ownership of the fence when it is placed on the property line comes into question when selling the property. Chairperson Hanson indicated that there is more involved than just painting issues. He said there is mowing and weed whipping that need to be done without interfering with your neighbor. Mr. Dens.~ indicated that his neighbor had placed a fence directly on the property line and he does not feel he should have to go and tell him that. Commissioner DeVine recommended sending a letter to the City voicing his complaint so that it could be checked out. Chairperson Hanson indicated that the existing fence would not have to be removed but the newly extended part of the fence, ifit is determined to be on the property line, would need to be removed. Page 4 of 15 i_ ~./, ~ '~/ .~- Mrs. rien:S"~ indicated that she was told by Ms. Bender that the matter was a civil matter that tlie City would not get involved with. Mr. Palzer indicated it sounds like the neiglJ.bor who has the fence thinks the fence is two feet off the property line. Mr. Dense indicated that the resident had the property surveyed and it is marked. He then indicated that the fence runs right down the property line. Mr. Palzer indicated the Committee may wish to look at how far back from the lake a fence should be. Mr. Rehbein asked if the City should use the 75 feet from the lake for fences as is used for structures. Commissioner DeVine indicated that the problem is with enforcement. He then indicated there are all types of issues and said it is very costly to hire an enforcement officer. Council Liaison Broussard Vickers indicated that Mr. Palzer would check to see if the owner of the fence feels that it is two feet off the property line. She then indicated if the person agrees that it is on the property line then the City can proceed with enforcing the Ordinance. Mr. Jeremy Bates of 1977 South Robin Lane asked if a person needed a verbal agreement to be allowed to place the fencing on the property line. Chairperson Hanson suggested getting a written agreement for the fencing. Diane Letender of 1397 Mound Trail indicated she would like to request a variance for a lot split. Chairperson Hanson indicated tlJ.at Ms. Letender would need to come to City Hall to fill out the paperwork and pay the fee "required. He then indicated that a variance request requires a public hearing that would be noticed for next month. Commissioner McLean asked whether she wished to do a lot split or needed a variance. Ms. Letender indicated she has enough property to split the lot on the lake side but is a few feet short on the Mound Trail side so she thinks she needs a variance. Commissioner DeVine suggested Ms. Letender stop into City Hall to ask Ms. Bender to review the Ordinance to determine if it is a lot split matter or a lot split and a variance. Commissioner McLean suggested verifying with staff but said he thought the minimum lot width in R-2 was 80 feet. Mr. Palzer clarified that the minimum lot width in R-2 was 100 feet. IV. OLD BUSINESS l. Preliminary Plat (The Shores) - 1475 Mound Trail This matter was acted upon earlier in the meeting. Page 5 of 15 2. Ordinance #4 & 39 Amendments Mr. Tratar told the Committee he felt the 35-foot side yard setback for corner lots was excessive. He then asked the Committee to consider reducing the side yard setback to 20 feet. Commissioner DeVine indicated that the reason for the 35-foot setback is to protect line of sight. Mr. Palzer indicated that the Committee also needed to consider uniformity to the block. He then indicated that Mr. Tratar's house should have been set on the lot facing west to better utilize the shape of the lot. Mr. Tratar indicated that there are several homes in the area that do not meet the side yard setbacks. He then said if the City wanted him to he could go and measure them. Mr. Tratar indicated that the City has a requirement that an accessory structure requires a 10-foot setback but an attached structure requires a 35-foot setback. He then indicated he feels that is inconsistent. Commissioner DeVine indicated that if the City is truly concerned with line of sight it should consider moving the accessory structures to 35 feet off the property line as well. Mr. Tratar indicated that if the City is concerned for line of sight it would need to address trees as well because people plant trees beyond the setback. He then apologized for not knowing the rules and said he just wants to build his garage. Chairperson Hanson asked ifMr. Tratar would like to see a 20-foot setback rather than the 35 foot setback. Mr. Tratar indicated that he understands the City needs to do what is safe but said with the current setbacks the City has taken away 68% of his yard. Commissioner Brainard indicated he did not feel this Committee is the body that should determine the safety issues with line of sight. He then suggested having staff check with other cities to determine side yard setbacks. Chairperson Hanson suggested checking with the fire chief. Commissioner DeVine suggested that, if Commissioners think 35 feet is excessive, the Committee should consider making it 20 feet and moving on to facilitate the process. Commissioner Brainard indicated that generally the line of sight is for the corner and the sight triangle should allow vehicles to see other traffic coming. He then indicated that each city has recommended its own setbacks and agreed that 35 feet may be excessive. Commissioner DeVine asked Mr. Palzer for his opinion on the matter. Mr. Palzer indicated that the previous Ordinance had said 30 feet and then suggested considering 25 feet. Page 6 of 15 Mr. Tratar asked how the other residents got variances to build their structures. Mr. Palzer indicated he thought all of those in question were at the 30 foot mark, which was the requirement of the previous Ordinance. The Committee determined it would be prudent to set a workshop to discuss the details of the proposed changes to Ordinance #4. Commissioner Wilharber indicated that he felt going from a 35 foot setback to a 15 foot setback would be excessive but said he felt 20 feet would be fine. Council Liaison Broussard Vickers suggested that the Committee accept Mr. Tratar's offer to measure the setbacks and provide drawings to the Committee for review and discussion purposes. It was the consent of the Committee to schedule a work session for Tuesday, October 9, 2001 at 6:30 to discuss the proposed changes to Ordinance #4. Commissioner Wilharber indicated he would not be able to attend the work session. Mr. Tratar indicated he would be on vacation but said he would do the legwork and provide the information to the Committee. R-4 Accessory Structures Chairperson Hanson indicated that the 200 square foot maximum is too small for an appropriately sized garage for those homes that do not have one. He then indicated the Committee would be discussing the matter at this meeting but would not be deciding anything. Chairperson Hanson explained that the reason he had voted against the variance at the last meeting is that he feels the City needs to re-address the issue so that the next person does not have to go through the variance process. He then indicated that the 200 square foot maximum was set to allow for those people who already had garages to add a third stall if they wished to do so. He then indicated that the City had incorrectly assumed that all of the houses already had garages and that created this situation. Commissioner Wilharber questioned whether Royal Meadows was the only R-4 zoning in the City. Chairperson Hanson indicated the Committee should be able to make an exception for the R-4 zoning by adding a sentence setting the square footage to be allowed. Council Liaison Broussard Vickers indicated that a 22x20 structure totaling 440 square feet is the typical size of a two-car garage. Page 7 of 15 Boarding Kennel Chairperson Hanson indicated that the Committee would be discussing wording for the Ordinance at the work session. He then indicated that the applicant did not need to attend the meeting because it is a simple addition to the industrial section of the Ordinance to allow for boarding kennels. He then indicated that there would be a public hearing at the nextmeetingJoLanY!:l;sidents to express concerns. Council Liaison Broussard Vickers indicated that the Ordinance would be changed and published for a public hearing and, if at that meeting it is determined that changes need to be made, it would again be published and would go to Council for a public hearing. Chairperson Hanson indicated that the matter would most likely be before Council on the second Wednesday in November. He did note, however, if Council determines it would like any changes to the Ordinance it would be sent back and have to be republished causing a delay in approval and the effective date. Commissioner DeVine asked if the Committee would carry over the O'Connor letter and the Carlson letter. Mr. Rehbein indicated he would like the Committee to discuss the O'Connor letter as he is the neighbor it refers to. Council Liaison Broussard Vickers indicated the letter had suggested that the Committee made a mistake with the changes to Ordinance #4 concerning parking allowances for motor homes and boats and asked the Committee to reconsider it. Chairperson Hanson indicated the Committee had not made a mistake and clarified that it was the intent of the Committee to allow two or less motor homes or boats to be parked in a resident's driveway indefinitely provided the motor home is less than 35 feet long. Council Liaison Broussard Vickers indicated that, ifit is the intent of the Committee to allow indeterminate parking, Mr. O'Connor would like the Committee to reconsider as he does not want the City to allow parking in the driveway. Council Liaison Broussard Vickers clarified that not more than two things are allowed to park in the driveway permanently. She further clarified there is nothing wrong with the wording but the resident disagrees with it. Mr. Rehbein clarified that the 48 hour time limit refers to vehicles parked by visitors. It was the consent of the Committee not to consider changing Ordinance #4 as requested by Mr. O'Connor. It was the consent of the Committee to hold the Carlson letter for discussion at the work seSSIOn. Page 8 of 15 Zoning Map Changes The Committee discussed various changes to the zoning map. The Committee determined that the zoning map should reflect when a development is a PUD. Council Liaison Broussard Vickers indicated that the City, if it wanted to, could amend the Comprehensive Plan to allow for all land to be placed into MUSA because the Metropolitan Council no longer wants to slow development. Patzer Changes Mr. Patzer reviewed a list of items he felt needed to be changed in Ordinance #4. Commissioner DeVine indicated he was not in favor offees for permits. Council Liaison Broussard Vickers asked if the Committee wanted to see a zoning permit rather than a building permit. Mr. Patzer indicated the City has no control over various issues such as driveways. Council Liaison Broussard Vickers indicated that if the City were to requiring zoning permits and someone was to put in a driveway that was too wide and did not get a permit the City would have the option to tear up the driveway. She indicated that if the City should do so there would be many calls about driveways that are too wide. She then asked what the City does for enforcement. She further asked if the City would levy a penalty or how it would handle that. Mr. Palzer indicated that a zoning violation is a daily violation and residents could be fined $1000 per day. Mr. Palzer indicated the City has a lot of trouble with these issues and said if the City required a permit the City could control things better. Commissioner Brainard indicated that the Uniform Building Code exempts from permit fees anything under 120 square feet and said instituting a zoning permit would help the City regulate the exempted items. Discussions ensued concerning whether various items should require a permit. Commissioner DeVine indicated he felt most ofthe items were too small to require a permit. Chairperson Hanson indicated that these types of items are only small when it does not affect you. Page 9 ofl5 Commissioner Wilharber indicated that requiring permits would eliminate a lot of telephone calls to Council and the City with complaints. Council Liaison Broussard Vickers questioned whether the Committee felt $25.00 was too much to charge. Commissioner DeVine indicated he did not feel the City had defined what items would require a permit. Commissioner DeVine commented that Ms. Bender had charged the Bates $175.00 dollars when she knew they would not be granted a variance. He further commented that staff routinely charges fees for those requesting variances when they know that the variances will not be granted. Council Liaison Broussard Vickers clarified that staff cannot tell someone not to file a variance and said it is not for staff to determine if residents meet the criteria. She further indicated that staff was directed a long time ago to give the list of criteria to the applicants when they apply for a variance and said if they are not doing it they should be directed to begin doing so. Chairperson Hanson indicated that people usually are able to interpret the criteria to match their needs. Mr. Drilling asked what the City is going to do with outside storage in the industrial and commercial area. Chairperson Hanson told Mr. Drilling that mini-storage was told no outside storage. Commissioner DeVine indicated the City would rather see someone bring in a warehouse building rather than store things on bare land for the tax benefit to the City. Mr. Drilling indicated he has a trucking company that wants to park empty rigs and needs two or three acres ofland to do so. He indicated that this business would operate from 9:00 a.m. to 5:00 p.m. and asked the City ifit would consider allowing such a thing. Council Liaison Broussard Vickers indicated that a trucking operation is an allowed usage in the industrial park provided that outside storage is totally screened. Chairperson Hanson asked Mr. Drilling ifhe intends to build an apartment complex by his house as he once mentioned. Mr. Drilling indicated that he had done a study and found that senior housing was not the way to go. He then indicated that the study determined that multifamily homes or a town home development would work. Page 10 ofl5 1___ Chairperson Hanson indicated that his neighbors would prefer that the residents own the property. Mr. Drilling indicated he is considering town homes for that location. Commissioner Wilharber asked if the trees were still in the City right of way on the comer of Brian Drive and Brian Court. Mr. Palzer indicated they were still there and said the City will be taking steps to remove them. Mr. Palzer indicated the Committee should consider setting a maximum size for attached garages. Council Liaison Broussard Vickers suggested setting a limit of no larger than the principal structure. Mr. Drilling asked if the Committee had heard that the County intended to widen Main Street. Commissioner Wilharber indicated that Mr. Rehbein had been told when he applied for access permits that the County was limiting access because it intended to widen the road in 2005. Mr. Drilling asked if the City would be receptive to accepting a donation toward the trails rather than requiring him to build the trail only to have it wiped out when the County widens the road. Council Liaison Broussard Vickers indicated that she feels the current passion of Council would be that they would say no because they want the trail in place because they intend to fight the widening of the road. She then suggested Mr. Drilling propose the idea to Park and Recreation and see how it is received. V. NEW BUSINESS 1. Ordinance #4 Letter - Mr. Patrick 0' Connor This matter was handled under Ordinance #4 and 39 Modifications. 2. Ordinance #4 Letter - Mr. Rick Carlson (Hunter's Crossin!?:) This matter will be discussed at the work session. 3. Zoning Map Updates/Corrections Mr. Palzer outlined for the Committee various changes that needed to be made to the zoning map to make it current. Page II of 15 1_ _ 4. Comprehensive Sign Plan - Uptown Center Ms. Katie Newman told the Committee she was told by Mr. Drilling that she would need to seek approval for deviation from the sign plan approved by the City. She then explained the type of sign she wished to use. Commissioner DeVine indicated that Mr. Drilling is only allowed a certain number of square feet for signage and said the City has not seen a sign plan for the building. The Committee clarified that Ms. Newman would need to speak to Mr. Drilling concerning approval of her sign. The Committee also told Ms. Newman that Mr. Drilling needed to come to the City with a comprehensive sign plan for approval. 5. Vacating Mill Road Extension South of Main Street (Mr. and Mrs. Perron. 1798 Main Street and Mr. Clay Alcock, 1806 Main Street) Commissioner DeVine indicated he did not see a reason that Mill Road would go south. Commissioner Wilharber explained that the City planned for the roadway based on the County wanting roads to be across from each other. He then indicated that Eagle Pass is located where the tree farm used to be and it appears that Mill Road will not be going south. He further indicated that, if the City vacates the roadway, the property would be split evenly to each of the property owners' as was platted at the time. Mr. Palzer indicated that state statute dictates how the property will be split up and that will be based on how it was platted at the time. He further indicated that both parties have expressed an interest in proceeding with the vacation of the roadway. Commissioner Wilharber noted the residents would be paying for the costs to vacate the roadway. Motion bv Commissioner DeVine, seconded bv Commissioner Wilharber to recommend to Council that the Citv move forward with the vacation of the Mill Road Extension. All in favor. Motion carried unanimously. 6. Lot Split - Mr. and Mrs. David West from Mr. Alcock (180 Main Street) Mr. West explained there is a signed purchase agreement for the land but said the County is requiring City approval of the lot split before the documents can be recorded with the County. Motion bv Commissioner Wilharber, seconded by Commissioner DeVine to recommend to Council approval ofthe lot split as requested in the letter from Mr. West dated September 25, 2001. All in favor. Motion carried unanimouslv. Page 12 of 15 7. Shea Architect's Business Concept Plans Chairperson Hanson expressed concern that the one-way street off of Main Street would end up crossing the trail system. He stated there would be a lot of kids in the area as Dairy Queen is a big draw for kids and the City runs the risk of having a child hit by a vehicle. Chairperson Hanson suggested removing the road and accessing the complex from 21 st and 20th when that goes through. Commissioner Wilharber indicated he was concerned with a road running between buildings as it is a major safety hazard with pedestrians traveling between buildings. He the indicated that he felt there should be berming so the residents in Willow Glen and Royal Meadows are not subject to the noise of the complex and to screen the parking area from the neighborhoods. Commissioner Wi1harber also expressed concern that there is no front or back side as he feels truck deliveries will be an issue whether they are scheduled early or late or during the working day. Chairperson Hanson indicated the concern for delivery traffic was discussed at the meeting but said he did not think it was picked up on as they felt deliveries would be made and not be a problem. He then indicated there would need to be a designated area away from local pedestrian traffic. Commissioner Wilharber indicated that with all the paved surface and roof-lines there would be a drainage issue ifno pond was placed on the property. Chairperson Hanson indicated a pond was discussed at the meeting to address drainage issues. McLean indicated he was struggling with having a large parking lot along Main Street in front of these buildings or parking behind. He then questioned how the City would keep the back of the building from looking like the back of a building. Council Liaison Broussard Vickers indicated the building would have two fronts. Commissioner Wilharber indicated that the side facing Main Street would have a patio for eating and watching traffic going by. Commissioner DeVine indicated it would not be cost effective for a retailer to make the building aesthetically pleasing in the front and back. Commissioner Wilharber indicated that it would also be a big cost to the developer for two parking lots ifthe building has a front and back for snow plowing and removal. Mr. Rehbein indicated that most retailers do not want two front entrances they usually want deliveries on one side and the public coming in and out on the other side of the building. Page 13 of 15 Council Liaison Broussard Vickers questioned why it was necessary to have an entrance off of Main Street. Chairperson Hanson indicated the reasoning is that seeing vehicles parked at the businesses will draw more people in. Commissioner DeVine questioned why the City feels it can tell a developer exactly how to build out its development. He then clarified that he thought the point of this was to determine a specific design, or symbol, or color for the buildings that would be one thing to tie all commercial businesses in Centerville together not to draft a specific plan for developers to follow. Mr. Rehbein indicated that the City of Lino Lakes just went through this process with the Town Center and ended up getting too specific with the details and took a lot of time and effort when they really have no idea what types of businesses will be going in the Center. He then suggested the City keep to a simple concept for tying the businesses together and not a specific building plan. Council Liaison Broussard Vickers asked the Commission ifit approved ofthe sample architectural styles submitted. The Committee indicated the architectural styles were fine and said it liked the idea of following the basic architecture of County Bank. Council Liaison Broussard Vickers asked if the Committee wanted to define that area of commercial and put specific architectural requirements in the Ordinance. Commissioner DeVine said he feels that whomever is working on this project needs to pick out one or two of the features of County Bank, take pictures of it, describe it, and make it into a design criteria to suggest to developers to follow. Council Liaison Broussard Vickers indicated that without having language in the Ordinance there would be no way to force the developer to comply with the design criteria. Mr. Palzer indicated he thought the intent was to provide a suggestion for development not to change the Ordinance. He then indicated that he feels the information would be used as a guideline and would give the City some options for give and take during negotiations. VI. DISCUSSION ITEMS None. VII. CONSIDERATION OF MINUTES I. September 4, 200 I Meeting Minutes Motion bv Commissioner DeVine, seconded bv Commissioner Brainard to approve the September 4. 2001 Meetine Minutes as presented. All in favor. Motion carried unanimously. Page ]4 of 15 . Commissioner Brainard told Committee Members that, for the record, he did not write a letter to the City Council as was claimed in the letter written to the Quad. Council Liaison Broussard Vickers noted that the letter submitted to Council was received from Theresa Brenner. VIII. ADJOURNMENT Motion bv Commissioner DeVine. seconded bv Commissioner Brainard to adiourn the October 2. 2001 Plannin!! Commission Meetin!! at 9:10 n.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 15 of 15 ~ Teresa Bender < -rom: ;ent: To: Barry Brainard [bbrainard@cLspring-lake-park.mn.us] Monday, October 15, 2001 11 :51 AM Tom Wilharber; Teresa Bender; Rob Sheppard; Ray & Karla Devine; John McLean; Dave Kilian; Brian Hanson Intent of Resignation from Centerville P&Z Subject: October 15, 2001 Dear Planning Commission Members: Please accept my intent to resign from the Centerville Planning commission effective October 3D, 20Q1. Reasons for my resignation include family obligations, and work conf.licts. With three children and one with special needs, much attention is required. Also, with my full time employment requiring two to three meetings a month in addition to the one to two a month for the Centerville Planning Commission, I am finding it difficult to meet my family and work needs I plus give all the deserved attention required for the Centerville Planning Commission. I have enjoyed my time with each and everyone of you and wish you all the best. Sincerely, Jarry Brainard 1 -\ ~e . .~~ (~~ ~;y K~'>Q I. "7 , . ~J ,(Jf."u./::.;<~"'~" !V(L~( w;.V.K. fiR" I j V wj I~~ ~;:;v ~L'~ / ~r rfI G AND ZONING COMMITTEE {,:~~ MEETING AGENDA ~~ TUESDAY, NOVEMBER 6, 2001 6:30 ~. CALLT ORDER 'i(.~~~v.i~~JJ \'/-GF;e<s~- fl ,,11'.' V I W hb~ A ~f aWc,JcrJ" 1. R Will /.J'V~~~./ h $dl"''' . ,,".1. d ~ 1'"..v"L-;JO" h(''''''''5_. ~_ ~ I ~. #4 Amendments. Iv'''-'1 i'LI'. /I "" ,t..;; ,,d h ~~ VL-1A> 7:t(S'" ({DO LA'''P'''''-'.'' d' ,. . dO pH _":-6'0 Eagle Pass 2" Addition (Pre~ Plat) - (9 "r IPii Wt-r' APPEARANCES ~ ~~~l#"~' ~ Mike Quigley - Gor-Em (Eagle Pass 2nd Addition) (j:t. ~vo-V Mr. Lloyd Drilling - Comprehensive Sign Plan (Uptown Center) . Brent Coatney - Mueller Pipeliners (Terminal Transport Building); Site Plan c-::"J' /x{t cZ-.t r(~J'-'}I--:':>~' "~_ ?c)-;..}I.;)l'U"'(C't ~ fJ&-U!r;:.,l<:L{. -:"rC2r.L-(IC-- n ". ',- ,,~ , .--' u - XhL€j1...('~,.o-_~ OLD BUSINESS . pzv-.{;'':), I. vbrdinance #4 Amendments fc..r1 l!-I "t..e..~'t~ ~ 2/ vZoning Map Modifications ~ /80 ~ rt. / Comprehensive Sign Plan - Uptown Center /11....,..# 7/ 0/' Sign Variance - Hair Update & Day Spa _ ~ v-vr ~' , "/,,J E..-,tabD...;fi<<!' .!~;s;: u. ~ V. NEW BUSINESS o .. J 1Pr(I.. F1~. Milce Quigley - Gor-Em (Eagle Pass 2nd Addition) f~ . KCI - Site Plan and Comprehensive Sign Plan (Lot 4, Block I Royal Industrial ~~~')' ~:~neyi~tZ;r~ellerPme~wn~lTransportBuild~~Planl . .J? . / 10 ~ '" """"" "".pm,"" ~ Strect LigJi(, (~'lil"'''' 2" Addition) ~b'J vr Or ~ j01, L~CUSSIONITIC"S iIr"" '&1Y~ 1!^ / 1. Ooto"" 2, 2001 P."';"g,"" Z<mmg Mw<m, M~, ('r) ~ VIII. ADJ.OURNMENT. . I U:J..i P '"' {}) ~., ~ :: ,J V&icu Dv~~ Uf~' NrT~J ~J 'Y Oel,26,20011,iO:16AM) _'.LI.~ ....,....,............. I..,. \.....vJ, ~ BARNA,GUZY&SiEFFAN Na606S P ? t'ag~ I of 1 2001 Minn. Sess. Law Servo Ch. 174 (H.F, 1507) (WEST) MlNNESOTA 2001 SESSION LAW SERVICE Eighty.Second Legislature, 2001 Regular Session Copr. (> West Graul' 2001. All rights reserved. Additions are indicated by <<+ Text +>>; deletions by <<- Text '>>. Changes in tables are made but not highlighted, Vetoed provisions wHhin tabular material are not displayed. . CHAPTER 174 B:.F. No. 1507 MUNICIPAL PLANNING--ZONING.-CLARlFYING TREATMENT OF LEGAL NONCONFORMING USES Ai'\[ ACT relating to municipal planning; zonL'lg; clarifying the treatment of legal nonconfonning uses: amending Minnesota Statu.tes 2000, section 462.357, by adding a subdivision. BElT ENACTED B'yTHE LEGISLATURE OF TIlE STATE OF MINNESOTA: Section L .VJnnesota Statutes 2000, section 462.357, is amended by adding a subdivision to read: <<MN 8T ~ 462.357>> <<+Subd. le. +>> NONCONFORMlTIES. <<+Any nOllconformlty, including the lav,fulllse or occupation of land or premises ex.lsting at the time of the adoption of an additional control under this chapter, may be continued, including through repair or maintenance, but if the noncon{urmity or occupancy is discontinued for a period of more than one year, or any l1<)/]collfonning die is destroyed by fire or other peril to the elltent of greater than 50 percollt of its market value, any subsequent use or occupancy of the land or premises shall be a conforming me OT occupancy. A municipality may by ordinance impose upon nonconrornriti~ reasonable regulations to prevent and abate nuisances and tc< protect the public health, welfare. or safety. This subdivision does not prohibit a OlWliclpality from enforcing an ordinance fuat applies to adults-only bookstores, adults-only theaters, or similar adults- only businesses, as defined by ordinance. +>> Presented to the governor May 23, 2001. Approved May 24, 2001. MN LEGIS 174 (2001) EN"D OF DOCUMENT Copr. (C) West 2001 No Claim to Orig. U.S. Govt. 1Vorks ...!default.wl&RS=WL W2.69&VR=2.0&SV=Split&FN= _top&M:T= Westlaw&CFlD=O&DB'l 0/25/200 1 l__ ___ _