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HomeMy WebLinkAbout1995-11-14 Minutes CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION TUESDAY, NOVEMBER 14,1995 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing and their regular meeting on Tuesday, November 14, 1995 at the City Hall. Chairman Tourville called the public hearing to order at 7:07 p.m. PRESENT: Tourville ABSENT: Drilling Welk Vermeulen LaMotte PTUBLIC HEARING - AMENDMENT OF ORDINANCE 4 The purpose of the public hearing will be to hear all persons present regarding the possibility of adding Adult Establishment Uses to Ordinance 4, Article 7 and Table A. No residents were present to provide input. Vermeulen questioned how this will effect Waterworks' current operations. Tourville mentioned that he likes the way the ordinance reads and agrees with putting the use under permitted use with a special use permit under Table A. Tourville commented the study shows a 500 feet distance versus a 350 feet which is stated in the ordinance. He also questioned the possibility of changing it to 500 feet. The city would have to strive not to eliminate them from coming into the city completely. With using the 350 feet distance there is a possibility of 2 Tots, using the 500 would reduce that to one; this would have to be varied by the Building Inspector. P &Z would need clarification from the City Attomey on the practices held at Waterworks currently. Can it be grandfathered in? Can new owners continue the same type of entertainment or would they require new permits/applications? Tom Wilharber stated that any currently operating business Greg Hellings would have to rule on it and if P &Z would like to change the distance requirement they would need to have another public hearing. MOTION by Vermeulen, second by Welk to adjourn the public hearing at 7:25 p.m. Motion carried unanimously. Tourville called the regular meeting to order at 7:26 p.m. PZ11- 14M.WPS 1 Planning & Zoning Meeting Minutes of November 14, 1995 APPROVAL OF MINUTES MOTION by Vermeulen, second by LaMotte to approve the meeting minutes of October 3, 1995. Motion carried, Tourville abstained due to his absence at the meeting. APPEARANCES RICHARD TITOM7, ODYSSEY TITIRFS Richard Tuomi, owner of Odyssey Lures and part owner of Simply Fishing, is applying for a special use permit to do light industrial work in a commercial zone. He would be leasing 1200 square feet out of the building located at 7129 - 20th Avenue. Topics that were mentioned that may be of concern are: 1. Materials. All the paint used is water based and applied by dipping and spraying with air brushes. The clean up is with soap and water, no chemicals. 2. Odors/fumes. Mr. Tuomi stated that there are no fumes with water based paints, and that they would be painting in a paint booth that is ventilated. And finally, (3.) Noise. Mr. Tuomi doesn't feel noise should be a problem because the building is concrete block. Mr. Tuomi was asked about traffic and parking. He replied that they would only need four parking spaces which still would not fill the current parking lot. And traffic should not be affected. They will be shipping by UPS this building is already a UPS stop therefore not adding any additional trucks on the streets. Fire Chief, Milo Bennett has been provided copies of the MSDS sheets for products used and stated he would provide a report to the city. They buy the wood pre- shaped therefore, no milling of wood is done. However, they are considering using recycled McDonald's containers. This styrofoam material will also be pre - formed. Staff is asked to research Casanova's Special Use Permit for restrictions on noise and hours of operation. Wilharber stated it behooves the city to look at small businesses that would like to come into Centerville. He also suggested to Mr. Tuomi to provide pictures to the council of the interior and exterior of the building and also of the paint booth, because council will ask questions on fumes and noise. MOTION by Vermeulen, second by Welk to recommend to City Council to approve the Special Use Permit for Odyssey Lures contingent upon approval from the Building Inspector and the Fire Chief. Motion carried unanimously. ADULT O 1T1 N PZ11- 14M.WPS 2 Planning & Zoning Meeting Minutes of November 14, 1995 First, need Greg Hellings to give a clarification on what will happen with Waterworks and if distance is changed from 350 feet to 500 feet. MOTION by Vermeulen, second by LaMotte to table the Adult Ordinance until the information is obtained from the City Attorney. Motion carried unanimously. Tourville stated that this has been a long process to adopt this ordinance but it is in the best interest of the city that they review all their options. WF,ED ORDINANCL Tourville agreed with the Council's recommendation of separating residential from industrial, etc. He feels that farmland should not be held at the same limitations as residential. He also added that if lot become an eye -sore they become a dumping spot for people for grassing clippings, garbage, etc. Welk stated the lot next to Tom Thumb looks better when it is not mowed. But the cleared lots in developments should be kept up. Vermeulen questioned if there was a problem in the city currently and can see separating residential and farmland. But doesn't see a problem with the current ordinance. Tourville stated that an add should be put in the paper or newsletter regarding noxious weeds and the need for them to be cut. Vermeulen stated that sections 1, 2, and 3 are spelled out clearly and when this ordinance was discussed at a previous meeting P &Z each section was looked at in detail. And P &Z made it more lenient by recommending a I2" growth instead of an 8 inches. Tourville talked about the nuisance and seeding requirements that are covered in Ordinance 8 for lots under development. MOTION by Vermeulen, second by Welk to leave Ordinance 54 as previously recommended, only changing the growth height to 12 inches. Motion carried unanimously. DITTIMING DFSIGN ORDINANCE 444 This item was tabled at previous meetings. During the last discussion it was mentioned that a public hearing should be held to get input from current and interested businesses on building types in the industrial and commercial zones. This public hearing will also provide the wording they may want to use in the ordinance. Welk added that there was previous consensus to have concrete permanent structures in the city. PZ11- 14M.WPS 3 Planning & Zoning Meeting Minutes of November 14, 1995 MOTION by Vermeulen, second by Tourville to set a public hearing on building design for the January meeting. Motion carried unanimously. PLANNING & ZONING COMMISSION MEMBERS. Vermeulen commented that Drilling should make his intentions know on whether he wants to continue on the commission prior to January. Tourville asked the other members of the commission if they had any plans on leaving or if they all planned on staying on P&Z. Nobody mentioned any plans of leaving. NEW BUSINESS SODDING & GRADING Wilharber stated that the problem lies that according to the ordinance it is the responsibility of the developer to sod the lot. The developer argues that once they sell the property to the builder it should be their responsibility. Questions that are before P &Z: Should they hold the developer responsible or hold and escrow from the developer or the builder and how the grading issue should be handled with the new home buyers. Tourville stated that the ordinance isn't being enforced enough because the lots with pre- existing homes are not seeded properly yet and according to the ordinance they have one year to accomplish this. Tourville stated that Option 3 of MSA's letter closely matches Palzer's recommended policy on sodding and grading, but questioned how it can be enforced. Wilharber informed P &Z that the Building Inspector has been given permission to purchase a laser level to do elevation checks. Tourville suggested that the first occupant be required to deposit an escrow. Wilharber replied that usually first time home buyers can't afford to put down an lump sum of money that may be required and recommended that the responsibility be kept with the developer and/or the builder. Welk provided an example of a property that always has a pile of sand next to the creek and questioned what the city can do - can the city require them to put up a silt fence or have them move the pile to a different property or away from the creek. Tn Palzer's recommended policy is has a square footage requirement of 2000, Tourville said that the size should be irrelevant. PZ11- 14M.WPS 4 Planning & Zoning Meeting Minutes of November 14, 1995 Wilharber suggested that P &Z ask Paul Palzer to attend the December meeting to answer questions on the ordinance and explain the policy. Consensus of P &Z was to invite Paul to the December meeting. PAWN SHOPS MOTION by Vermeulen, second by Tourville to table Pawn Shops until the Adult Entertainment Ordinance is completed. Motion carried unanimously. MEETING IZATIT MOTION by Tourville, second by Vermeulen to change the Planning and Zoning meeting in January from the first Tuesday to the second Tuesday of the month. Motion carried unanimously. ADJOURN MOTION by Welk, second by Vermeulen to adjourn the regular meeting at 9:05 p.m. Motion carried unanimously. Respectfully submitted, J A,a: dL _uzia X Trudi Breuninger City Clerk PZ11- 14M.WPS 5