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HomeMy WebLinkAbout2003-07-01 P & Z Agenda (2) tervi[{e PLANNING AND ZONING COMMITTEE h ~riING AGENDA TUESI)A Y , JULY 1, 2 ~ ... 6:30p.m..._ , ..... ,\l L CALL TO ORDER . ! --....._,.. I. RoD CaD n. PUBLIC HEARING (S) '. 3. Ordinance #49 - Noise (Old language in Red, new language in BI underlined, Green P & Z Commission & Orang" Slaff suggestio IS) (Tabled) m. APPEARANCES 1. Sedona Homes - Concept Plans (Centerville Office Park)- fc C C--v. ,cA<< to C!..cKQf'f r L.L-v-- ~<1 Z- e-..J/'7VY'-CL.,J IV. OLD BUSINESS v. NEW BUSINESS I. Mr. Dave Kilian (1695 Sorel Street- M-I)c;iteplan Review )Lel-- a Ccy;<. rYU'.LL'C;'./ ~:-. DISCUSSION ITEMS fJA.L-{fC.h.~.J ,~~" <x .'" -J AD. C2~t'-[ =.t VL vn. CONSIDERATION OF MINUTES 1. June 3, 2003 Planning and Zoning Commission Meeting Minutes vm. ADJOURNMENT .- . STAFF REPORT DATE: July 1,2003 TO: Planning and Zoning Commissioners Kim Moore-Sykes, City Administrator ~ Site Plan Review - Dave Kilian, 1695 Sorel Street FROM: RE: ......................................................................... Staff received a site plan for 1695 Sorel Street. The property owner, Dave Kilian is proposing to build an accessory building to store equipment and to house an office for his business. The site plan submitted by the owner shows that the proposed accessory building will be 22 'x44' or 968 square feet. The maximum square footage for an accessory building per Ordinance #4 is 704 square feet. Mr. Kilian would need a variance to build this accessory building as proposed. Other issues that Staffhas concerns about regarding the proposed accessory building include: I. Eaves cannot overhang property line; they can encroach into the setback and/or go to the property line with City approval. 2. Drainage issues for the subject property and the neighboring property. 3. Parking issues if the City determines that the property can be designated as commercial. 4. Zero Lot Line side of structure must also be sided in non-combustible exterior siding; the building code does not allow vinyl siding on a zero lot line. 5. Occupancy issues - is it proposed to be garage, office, storage, commercial, etc. If proposed accessory building is housing a home- based business, there may be parking and traffic issues associated with the proposed use of the accessory building. 6. Applicant may be required to secure Rice Creek Watershed District approval; the proposed building needs to be 1,000 feet from a lake; 300 feet from a creek. Staff is recommending the resolution of these concerns before the Planning and Zoning Commission recommends approval of this site plan. ,'- .. ! Design #94318 ~.,- C~) *** Take this sheet to the Building Materials counter to purchase your materials. *** You selected a garage with these options: 22' Wide X 44' Deep X 8' High Gable roof '11/ 6/12 pitch trusses 2' O.C. 24" gable/1211 eave overhangs 7/1611 OSB Wall Sheathing 7/1611 OSB Roof Sheathing Slate Vinyl 4" Dutch-lap Siding 20 yr. Standardglass, Dual Gray Shingles White Vinyl Soffit Be Fascia White Aluminum Regular Roof Edge White vinyl overhead door jamb 1 - Garage Door Opener(s) 6/27/2003 Front VI.w Bock VI.w ./-:A // f " '\. l____p' ./ /-:;"" / . J ','" ~ ~ ' ~ Lefla~J~_J . ! T oday's cost for materials estimated in this design: $ 5033.07 Base garage without options: $ 2692.61 'Th. b... prl,. loclud,,: 0" Eave/O" Gabl. Overhang., Froming Material., 7/16 OSB Roof Sheathing, 20 yr. Flbergl... el...i, - Onyx Black Shlngl", Pine Fuela, Galvanized Reguler Roof Edge, 3" Textured Vertical Hardboard Siding, No Service Doors, No Overhead Doors, N, Wlnd,w., or Any Other Options, L_ ~J 't' ~ S ~" ~ ~'" """ ,. ;,;, ~ ",,4':- ~-\ ~~~ ~ '" .~, ~ .::.::. " ~ ~-< .:: ~~ I'- ,\{", . /j\ -:z . ~ , CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION June 3, 2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on JWle 3, 2003, at 6:30 p. m. PRESENT: Chairperson Brian Hanson Commissioner Ray DeVine Commissioner Jennefer Klennert Hunt Commissioner David Kilian Commissioner Michelle Lakso Commissioner John McLean Commissioner Tom Wilharbe~......., None. lh ~'''.~.,~ If? :?'f~ \, ~ ~ ~ ;\.t '. ,!,' ABSENT: COUNCIL: STAFF: Ms. Moore-Sykes, City Administrator I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:32 p.m. II. PUBLIC HEARING(S) 1. Mr. Rick Carlson Request for Rezone from R-l to R-2 (PUD). Lot Combination, Preliminary }>lat & Comprehensive Plan Amendment Chair Hanson opened the public hearing at 6:33 p.m. Ms, Moore-Sykes indicated that this matter was before the Commission as a public hearing as a housekeeping measure because the Metropolitan Council requires public hearings for amendments to MUSA for parcels of 40 acres or more. She then indicated that they would also hold a public hearing at the Metropolitan Council level. Commissioner Lakso asked why the developer is interested in advancing the MUSA. Ms. Moore-Sykes indicated that the developer is proposing the 2nd addition be divided into two phases and he would like to complete the infrastructure for both phases at the Page 1 of 10 , Planning & Zoning Commission June 3, 2003 Meeting Minutes same time. She then indicated that the developer intends to begin building at the end of this year. Commissioner DeVine asked if it was true that the Metropolitan Council is no longer very strict on the MUSA boundaries. Ms. Moore-Sykes indicated that the previous Metropolitan Council had opened up MUSA and made it much easier to make amendments to the Comprehensive Plan to allow parcels to develop earlier than the scheduled MUSA date. She further indicated that the new philosophy has been that if any portion of your City is within the MUSA boundaries then the whole City can be considered to be within MUSA. Commissioner DeVine asked if there was any feedback at the Metropolitan Council public hearing on this matter. Ms. Moore-Sykes indicated that she was not aware of any public comment received by the Metropolitan Council. Commissioner McLean asked about the boundary issues. Commissioner Wilharber explained that the method of surveying has improved dramatically in recent years and the survey that was done indicated the boundaries were off. Ms. Moore-Sykes indicated that Mr. Carlson is working with the property owners where there are encroachments. Council Member Broussard Vickers indicated that Mr. Carlson has not worked with the property owners yet because it is part of the second phase. Commissioner DeVine asked if there were any comments on the rezorung and preliminary plat approval. Mr. Koran indicated the development was planned for 2006 to 2011 and now it is set for 2003 and he wonders why the sudden change and the reason for it. Ms. Moore-Sykes indicated that Mr. Carlson has a desire to develop the property now rather than wait for 2006. Mr. Koran indicated that he understands that development will come but he would prefer that it wait until 2006 to 2011 as scheduled to avoid it for as long as possible. He further commented that he has not seen property taxes go down with the additional development within the City. Commissioner McLean asked how the 2006 to 2011 timeframe was determined. Ms. Moore-Sykes indicated that the state required that cities put together a land use plan and in that plan there was phasing for MUSA. Page 2 oflO Planning & Zoning Corrunission June 3, 2003 Meeting Minutes Commissioner Wilharber indicated the Comprehensive Plan dates back to 1994 when the City really first started working on it and it was an idea of how the City would be developing. Council estimated how it felt the City would develop and then staged further development from there. Mr. Bob Koran, 6759 Centerville Road, indicated that he had attempted to acquire a small piece of property from the Wilharbers but was asked to work with the developer and Mr. Carlson had said he would take it into consideration when laying out his lots. Mr. Koran further commented that his lot is 300 feet by 133 feet and he would like to acquire as mall piece of property to make his lot deeper. Mr. Koran indicated heard a rumor about the widening of Centerville Road and the fact that this was taken into consideration with Mr. Carlson's plat layout. Commissioner Wilharber indicated that when any new development comes in the County will take additional right-of-way where it feels there is not enough. Mr. Koran indicated that he and Mr. Krueger have two buildable lots between them and, if the County were to take some of his property, then it would not be a buildable lot and that would affect the value of his property. Commissioner Wilharber indicated that the plat shows an additional 60 feet on both sides of the road. Ms. Moore-Sykes recommended contacting the Anoka County transportation department and speaking with Doug Fischer. She then commented that the County could take property but is required to compensate him for the property. Commissioner DeVine indicated he is in favor of moving ahead with the MUSA change and allowing the property to build out sooner because from a business standpoint it is good to bring more residents to town and from a tax base standpoint it would help. Motion bv Commissioner Kilian, seconded bv Commissioner DeVine to close the public hearinl!. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:53 p.m. Commissioner Kilian indicated he felt that the MUSA should be advanced and the property allowed to develop. Commissioner Klennert Hunt indicated that the Commission needed to look at this for the good of the community and this would bring more residents in to assist with the tax base. Motion bv Commissioner DeVine, seconded bv Commissioner Kilian to recommend to Council approval of the rezone from R-t to R-2 (POO), Lot Combination, Page 3 of 10 Planning & Zoning Commission June 3, 2003 Meeting Minutes Preliminary Plat & Comprehensive Plan Amendment advancinl! MUSA. All in favor. Motion carried nnanimouslv. Chair Hanson indicated that this matter would be on the June 25, 2003 Council agenda. 2. Ordinance #31 - Providing for Licensing and Bonding of Individuals. Firms. Corp.. Contractors and Subcontractors Chair Hanson opened the public hearing at 6:55 p.m. Ms. Moore-Sykes indicated that she had received a request from Council to place this on the agenda for public hearing and reconsideration of whether individuals should be licensed and bonded within the City for construction activities. Ms. Moore-Sykes indicated that an administrative fee of $25 would be charged annually to the contractors to provide the license. Commissioner Wilharber asked how this would be policed especially with all the building going on in Pheasant Marsh. He then said that the ordinance dates back to 1978 but, in 1978, there was not this much development going on at the same time. Ms. Moore-Sykes indicated that Staff could tell the contractors when they come in for a building permit that they need to be licensed by the City. Commissioner Wilharber indicated that there were some things that a permit is not required for. Ms. Moore-Sykes indicated that if you do one trade you are not required to have a license by the state of Minnesota. She then said that, if you are required by the state of Minnesota to have a license, then you are required to have a City license. Commissioner DeVine suggested listing the state licensing number on the building permit rather than requiring more stafftime and an additional fee. Council Liaison Broussard Vickers indicated that she saw one memo from one Council person about changing this. She then said that she does not think that $25 was enough to cover the staff time for this extra requirement. She further commented that she felt that it was the responsibility of the homeowner to research and determine whether the contractor they are hiring is reputable. Chair Hanson indicated that most respectable firms are licensed and insured and if a homeowner uses someone that is "fly-by-night" it is their responsibility. Commissioner De Vine indicated that he feels that the state is cutting funding to cities so the City should utilize the fact that they license contractors and use their information. Page 4 of 10 Planning & Zoning Commission June 3, 2003 Meeting Minutes Council Liaison Broussard Vickers indicated that the City could require the license number be placed on building permit application and, if the license number is not provided, the City could provide that information to the homeowner. Motion by Commissioner DeVine. seconded by Commissioner McLean to close the public hearinl!. All in favor. Motion carried nnanimously. Chair Hanson closed the public hearing at 7:03 p.m. Motion by Commissioner DeVine. seconded by Commissioner Wilharber to repeal Ordinance #31 and direct Staff to out the Minnesota license numbers on the buildinl! permits of contractors that take out oermits. All in favor. Motion carried unanimously. 3. Ordinance #49 - Noise Chair Hanson opened the public hearing at 7:05 p.m. Ms. Moore-Sykes indicated that the proposed changes to this ordinance are proposed to beef up the language and provide a better enforcement tool for the police department and better ability for the City Attorney to follow through on enforcement. Commissioner DeVine asked that air powered be added under construction activity. Commissioner McLean asked whether the 10:00 p.m. to 7:00 a.m. time limits were consistent with the City's other Ordinances. Commissioner Kilian asked that the word scheduled be added to the language concerning athletic activities. Mr. Steven King, 1724 Sorel Street, asked how base would be measured. Chair Hanson indicated that a decibel meter would measure base. Commissioner Kilian read information he had obtained from the Sight and Hearing Association to assist with preventing noise induced hearing loss. Commissioner McLean indicated that the actual measurements would be taken at the boundary of the property of where the noise is originating. Commissioner Kilian indicated that he had an issue with the fact that noise originating outside is allowed to travel ISO feet and inside is 50 feet. Mr. Joe Steel, 6926 Sumac Court, asked for a copy of the ordinance. He then commented that he has a neighbor that does not like him and has made complaints about his kids riding a mini-bike and then the City sent him a letter saying he could not ride it. Page 5 of 10 Planning & Zoning Commission June 3, 2003 Meeting Minutes Ms. Moore-Sykes indicated that the proposed Ordinance changes are in blue and the rest is existing language. Ms. Bender iildicated the letter was a request not to ride in excess. Mr. Steel asked what the difference would be if his neighbor runs his lawnmower for an hour or if his kids ride the mini-bike. He then indicated that he is concerned with allowing all the building 7 days a week. Ms. Moore-Sykes indicated that construction is allowed seven days a week from 7;00 a.m. to 10 p.m. Mr. Steel asked why he should get a letter from the City if he is not violating the ordinance. Ms. Moore-Sykes read language from the ordinance. Mr. Steel indicated that his riding the mini-bike is no different than someone mowing the lawn. He then said he is concerned that someone could have a neighbor that does not like them and that neighbor could be filing complaints with the City. Mr. King asked who pays for the decibel meters. Ms. Moore-Sykes indicated the police department has decibel meters. Mr. King indicated he went to the police department and they do not have a decent decibel meter. Chair Hanson indicated that the City could purchase a decent noise meter for $600. Commissioner Klennert Hunt asked if the police corne out when a complaint is made especially in the case where they can hear music in their home. Ms. Moore-Sykes indicated that the police were out and have cited somebody. Mr. King provided the police report to the Commission for review. Mr. Steel commented that the noisy motorcycles running through town are another issue. Ms. Moore-Sykes indicated that the police do enforce the noise ordinance when they are available. Mr. Steel indicated that he tries not to create issues with the neighbors but there are things that annoy him too but he is not calling the City to complain all the time. Commissioner Kilian indicated that there were nights where he has to wear ear plugs, run a fan and close the windows in order to get to sleep. Page 6 of 10 ~.. Planning & Zoning Commission June 3, 2003 Meeting Minutes Mr. Dave Fischer, 7072 Centerville Road, indicated there appears to be rules, but those rules are not being enforced. Commissioner McLean indicated that the proposed changes would give the City an avenue to begin enforcement. Ms. Moore-Sykes indicated that one individual has been cited twice. Mr. Fischer asked whether there is a penalty for this violation. Ms. Moore-Sykes indicated there is a financial penalty and this person was cited twice this year. She then said that the decibel reading would give more teeth to the ordinance. Mr. Fischer asked if enforcement is by complaint. Ms. Moore-Sykes indicated that enforcement is done by complaint. Commissioner Klennert Hunt commented that most schools would not have events after 10:00 p.m. so she is not sure the exemption for athletic activities is necessary. There was consent to remove the language about the athletic contests. Mr. King asked how much the violator is charged for each violation. Ms. Moore-Sykes indicated that the violation is a misdemeanor carrying a penalty of $500 but that is subject to negotiation when it goes to court. Commissioner Wilharber indicated that a misdemeanor fine can be as much as $1,000. Mr. King indicated he would prefer limiting the noise to 9:00 p.m. Commissioner Klennert Hunt would like to see it left at 10;00 p.m. because that gives residents an hour to wrap up from 9:00 p.m. to 10:00 p.m. Mr. Fischer asked if there is any signage to indicate that this City has a noise ordinance. Chair Hanson indicated there is not. Motion bv Commissioner DeVine. seconded bv Commissioner Wilharber to close the public hearinl!. All in favor. Motion carried unanimouslv. Chair Hanson closed the public hearing at 7:50 p.m. Commissioner Kilian indicated he does not like that the outside noise is allowed to be 150 feet from the outside of the property line. Commissioner DeVine indicated that the ordinance states that any noise that disturbs the peace and quiet of any person nearby is a violation. Page 7 of 10 Planning & Zoning Commission June 3, 2003 Meeting Minutes Council Liaison Broussard Vickers indicated the decibel meters will give the ordinance some enforceability. She then said the issue is the words like comfort because comfort means different things to different people. Ms. Moore-Sykes indicated that when she receives calls and complaints then a letter is sent. Council Liaison Broussard Vickers indicated that words like comfort and enjoyment lead to difficulty in interpretation. She then said she would prefer that more time be spent working on the wording because she does not want to make it easy for neighbors to complain about each other just because they do not like each other. Ms. Moore-Sykes indicated that Section three breaks down the decibel requirements to commercial and residential zones. Commissioner DeVine suggested adding a sentence to designate the decibel reading for the mixed-use district. Mr. King asked if residents are notified when someone approaches the City for an extra noise permit. Commissioner Klennert Hunt indicated that if sufficient controversy exists a public hearing would be held. Mr. Fischer indicated that he has been notified in the past of the noise permit requests. Commissioner Wilharber indicated that any time residents come to Council and voice concerns or opinions Council does take that information into consideration when making decisions. Mr. King indicated he would like to be notified of any special noise permits because they are a variance to the ordinance and other variances to the ordinance are noticed. Mr. Fischer asked if the bar could be required to notify neighbors before getting the permit. Council Liaison Broussard Vickers indicated the notice requirements could not be placed on the applicant because the City would not have any control over it. She then suggested that public hearing notification be paid for by the applicant. Commissioner Klennert Hunt indicated she was concerned with creating a public hearing process for one or two issues. She then said that she realizes that for these residents this is a major issue but she does not want to penalize other applicants for one bad egg. Ms. Bender suggested ending Subdivision 4, Section I after the words "in an audible manner". Page 8 of 10 Planning & Zoning Commission June 3, 2003 Meeting Minutes There was consent to do so but Commissioners asked that the City Attorney comment on whether it would be an issue. Council Liaison Broussard Vickers indicated that the City is looking at a quad city police department and further changes may be required to make the ordinance consistent with the other cities to ease enforcement. Chair Hanson indicated he felt that some of the changes are worth going forward with especially the Minnesota Pollution Control Agency noise numbers. The Connnission asked that Staff use the Minnesota Pollution Control Agency statistics. Council Liaison Broussard Vickers suggested that all Connnissioners write down their proposed changes and send them to Kim for consideration at the next meeting. Chair Hanson commented that he feels 40 is too low. Council Liaison Broussard Vickers indicated that it would be interesting to get a decibel meter and take readings around town and list where and when for a better understanding of the noise that is currently out there. Connnissioner DeVine indicated that is why the Commission looked at other ordinances and decided to be uniform with them. Mr. King indicated he would like the police to take readings allover town and see what the numbers are. Chair Hanson commented that a noise meter he bought and used in his office registered 50 to 53 decibels in his office with no other noise other than background noise. Council Liaison Broussard Vickers indicated that different zoning districts could have different requirements. Mr. King asked if any noise impact statement has been done and asked if that could be required rather than a public hearing. Council Liaison Broussard Vickers indicated it is much cheaper to have a public hearing. Motion bv Chair Hanson. seconded bv Commissioner Wilharber to table this matter to the next medin\!:. All in favor. Motion carried unanimouslv. 4. Ordinance #76 - Adopting the Minnesota State Building Code Chair Hanson opened the public hearing at 8:13 p.m. Page 9 of 10 Planning & Zoning Commission June 3, 2003 Meeting Minutes Motion bv Commissioner DeVine, seconded bv Commissioner Lakso to close the public hearin!!:. All in favor. Motion carried unanimouslv. Chair Hanson closed the public hearing at 8:14 p.m. Motion bv Commissioner DeVine, seconded bv Commissioner Kilian to recommend to the City Council adoption of Ordinance #76 adoptinl!: the Minnesota State Buildin!!: Code. All in favor. Motion carried unanimously. III. APPEARANCES None. IV. OLD BUSINESS None. V. NEW BUSINESS None. VI. DISCUSSION ITEMS Ms. Moore-Sykes provided a proposed ordinance regarding meth. labs in Centerville for discussion at the July meeting VII. CONSIDERATION OF MINUTES I. May 6. 2003. Planning and Zoning Meeting Minutes Insert Mattke for Ted's last name. Motion bv Commissioner DeVine, seconded bv Commissioner Kilian to approve the Minutes ofMav 6, 2003, as amended. All in favor. Motion carried unanimously. VITI. ADJOURNMENT Motion bv Commissioner DeVine, seconded bv Commissioner Kilian to adiourn the June 3, 2003 Plannin!!: Commission meetin!!: at 8:18 p.m. All in favor. Motion carried unanimously. . Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10