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HomeMy WebLinkAbout1987-05-26 Minutes Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing Tuesday, May 26, 1987 at 7:10 P.M. Present: Huesseler, Vermeulen, Lindgren, Chairman Tourville, Council liaison Robischon. Absent: Welk. The purpose of the hearing was to hear all persons regarding the poss.ibl.ity of rezoning the property proposed for Centerville Heights from R -2 to R- -2A: The South Half of the Southwest Quarter of the Southeast. Quarter, Section 14, Township 31, Range 22, Anoka County Minnesota and that part of the West 56 rods (924.00 feet) of the Northwest Quarter of the Northeast Quarter of Section 23, Township 31, Range 22, Anoka County, Minnesota lying northerly of the south line of Block 3 and its easterly and westerly extensions, Peterson's Old Homestead Addition, excepting therefrom that part now platted as Peterson's Old Homestead Addition, according to the plat thereof on file and of record in the office of the Anoka County Registrar of Titles. Outlots A and B, Peterson's Old Homestead Addition, according to the plat thereof on file and of record in the office of the Anoka County Registrar of Titles. That part of the West 56 rods (924.00 feet) of the Northwest Quarter of the Northeast Quarter, Section 23, Township 31, Range 22, Anoka County, Minnesota, lying southerly of the south line of Block 3, and its easterly and westerly extensions, excepting therefrom the west 198.00 feet; that part lying westerly of the east 210.00 feet of the south 250.00 feet of the east 924 feet and the east 150.00 feet of the south 250.00 feet of the east 924.00 feet thereof. Subject to the easements of record, if any, and that portion taken for County State Aid Highway No. 14. Said parcel contains 36.1 acres, more or less. Dick Wedell and John Johnson, representing Harstad Companies presented the current preliminary plat of Centerville Heights. They advised that if the Proposed Comprehensive Sewer Plan Amendment were to be turned down by the Metropolitan Council, Harstad could remove the northeast corner of the project, which is not sewered, and hold this section for future expansion. This would involve removing 15 lots from the plat. The rest of the project could continue. The new preliminary plat varies from the original preliminary plat in that it now shows three water detention areas (one large, two small), lots 1 and 2 on block 4 have been repositioned, and the northern section of the plat has been moved over approximately 10 feet to try to better accomodate lot 1, block 1 P &Z Meeting Minutes Page Two May 26, 1987 with the Brad Gulsvig property at 7246 Mill Road. Drainage for Centerville Heights will be southly, eventually going down to Clearwater Creek. It has not yet been determined how the drainage will be worked out with the property to the south of the Centerville Heights property. That southern adjoining propery owner would be Gene Wegleitner. There appears to be a drainage ditch on the Wegleitner property and it may be possible to move the ditch north to the Centerville Heights property line. The largest holding pond will be at elevations of about 902 -904 feet at the deepest portion. This would be at about 5 -6 feet deep. The next largest pond would be about 3 -4 feet deep. The smallest pond would be about 2 feet deep. Commission members feel that the larger pond would be an asset to the community with regard to wildlife and appearance. They are concerned that the large pond may not be deep enough to prevent an over growth of vegetation, such as cattails. They also question whether the pond can be elongated toward the road so more members of the community can enjoy the view. John Johnson, advised that the water in the ponds is permanent. They could make the pond deeper, but are trying to make the slopes gentler for the homeowner. The land around the pond will be private property. The maximum slope recommended by the DNR is 6 -1. The current size of the proposed large pond is about 1 1/4 acres. The possibility of elongating the largest pond toward the road will be looked into. Brad Gulsvig, 7246 Mill Road would prefer to purchase some of the land behind his house versus having the houses and roads on the plat moved over 10 feet. Mr. Wedell and Mr. Johnson advised that they will try to work with Mr. Gulsvig to resolve his concerns. The proposed culdesac size in Centerville Heights would have a 60 foot radius. Harstad Companies will request a variance to Ordinance #8, as this culdesac size is less than that allowed by that Ordinance. Members of the audience asked questions and expressed their opinions of the rezoning and the preliminary plat: Brad Gulsvig, 7246 Mill Road Myra Spijer, 7200 Mill Road Mike Habas, 7167 Shad Avenue Commission members would like to see it put in the development contract that trees be planted in the spring or fall of the year and that the developer guarantee them for a one year period. P &Z Meeting Minutes Page Three May 26, 1987 City Clerk will check on the final plat of Rehbein Estates on Shad Avenue to see if 30 feet of dedicated street is on the most northern end of that property running east to west, and then notify John Johnson of Harstad Companies so that he may adjust the Centerville Heights plat if this is not so. The park dedication recommendation of P &R was discussed. A copy of P &R recommendation is attached to and made a part of these minutes. Commission members agreed that not enough information was provided by P &R for P &Z to make a recommendation. It was also noted that the proposed trail through Centerville Heights goes right through the largest water detention area. Mr. Johnson advised that he was not able to get a drainage plan to P &R before their last meeting as requested by the Clerk. Mr. Johnson advised that a trail linking the west to the east side can be workable, but must be far enough away from the homes to prevent violation of privacy to the homeowner. Mr. Wedell advised that Harstad Companies does prefer to pay the park dedication fee in lieu of land dedication. Commission requests that Clerk supply P &R with the current drainage plan of Centerville Heights to give them the opportunity to make a new recommendation. For a new recommendation to be considered, P &R will have to supply more information and at least one member of that Committee will be requested to be present when the recommendation is given to answer any questions that may come up. Clerk will contact Mr. Johnson to verify that lot 4 on the east side of Mill Road is City property, so that he may look into the feasibility of putting the well for the proposed municipal water for L "Allier Estates II and Centerville Heights on that lot. Hearing adjourned 8:30 P.M. Pursuant to due call and notice thereof, the Planning and Zoning Commission of Centerville held a public hearing Tuesday, May 26, 1987 at 8:31 P.M. Present: Buesseler, Vermeulen, Lindgren, Chairman Tourville, Council liaison Robischon. Absent: Welk. The purpose was to hear all persons regarding the preliminary plat of Centerville Heights, legal discription listed previously in these minutes. The feasibility study for Centerville Heights was not available to be presented to the Commission. Commission members and audience members agreed that the preliminary plat for Centerville Heights was already discussed in length in the above hearing. No person had further comments P &Z Meeting Minutes Page Four May 26, 1987 regarding this plat. Centerville Heights preliminary plat will be discussed in greater detail on June 2, 1987 at the regular P &Z meeting when the feasibility study is available. Hearing adjourned 8:33 P.M. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a special meeting on May 26, 1987 at City Hall. Chairman Tourville called the meeting to order at 8:34 P.M. Present: Buesseler, Vermeulen, Lindgren, Council liaison Robischon. Absent: Welk. Motion by Lindgren, second by Vermeulen to accept the minutes of the May 5, 1987 meeting, motion carried unanimously. APPEARANCES Marcel Rivard, 7072 Progress Road appeared before the Commission to inquire about the possibilities of splitting a ten acre parcel which is on County Road 54, described as: That part of the East Half of the North Half of the Southeast Quarter of Section 23, Township 31, Range 22, Anoka County, Minnesota, which lies south of the North 330 feet thereof subject to easement of REC and County Road Number 54. City Clerk requested that Maier, Stewart and Associates, City Engineers, review this parcel to determine the exact amount that is zoned Commercial and the amount that is zoned Expansion Residential. The findings of the City Engineer are attached to and made a part of these minutes. It was determined that 6.5 acres in Expansion Residential, 2.5 acres is Commercial, and 1 acre 1s taken up by County Road 54. Going west from the Section 23 line 475 feet is zoned Commercial (145 feet of this is taken up by County Road 54). Clerk had given Mr. Marcel 470 feet versus 475 feet on the map for the Commercial area. Clerk will verify with City Engineer. Mr. Marcel would like to split the Commercial into three 1 acre lots. Thus, he would like to extend the Commercial zoning west 1/2 acre to accomodate this. Commission quoted Ordinance #4, Item # 23, DISTRICT BOUNDARIES: '...Where a district boundary line divides a lot of record into two or more districts, any portion of the lot within fifty (50) feet of such division may be used for any use of either district as approved by the City Council. ... Mr. Marcel is getting the land surveyed and will get back to the Clerk if 50 feet is enough to make the three P &Z Meeting Minutes Page Five May 26, 1987 1 acre lots. Commission cautioned Mr. Rivard that he can not land lock the Expansion Residential land by selling just the Commercial protion of the 10 acre parcel. They also advised that there is a proposed Comprehensive Sewer Plan Amendment and that he may be able to take advantage of this if it were approved, to sell the land as Sewered Residential. Mr. Marcel will get back to the Commission when he decides what he will be doing with the land for sure. Appearance of Robert Weyer Realtor for Edina Realty, to inquire about splitting lots 1 and 2, block 12 in the City of Centerville, so that two homes would face Heritage Street, the size of the lots to be 75 feet wide by 100 feet deep. Commission members agreed that Mr. Weyer could apply for a variance to split these lots as presented, but that at this time they could see no valid reason per City ordinance to do so. Chairman Tourville noted that the lot being 100 feet by 150 feet is currently substandard for a corner lot. Corner lots should be 110 feet by 150 feet, there is no peculiar reason for the split, there is only one sewer stub, and that the duplexes that are currently in the area are grandfathered in. The Commission addressed a letter by John Probst, 7167 Mill Road, which was presented to the City Council at their May 13, 1987 meeting, opposing the rezoning of the property of the proposed L'Allier Estates II. A copy of that letter is attached to and made part of these minutes. The Commission listed reasons the P &Z Commission supports the incorporation of an R -2A zoning district into the City Ordiances: 1. To provide for a variety of lot sizes and developments. 2. Need growth to obtain a larger tax base. 3. As a result of trends and surveys of surrounding communities. 4. Supports putting more value into the house versus the lot. 5. The Comprehensive Plan suggests smaller lot size. 6. The value of the lot is not tied into the size of the lot, it is based on the suitability of the building site. 7. Insistence on larger lot sizes puts up barriers for the community. 8. This zoning is an on demand zoning, to be approved on an individual basis by the City Council, specifically for larger developments. The rezoning is tied directly to a performance standard, which is the preliminary plat of the area to be considered for such rezoning. P &Z Meeting Minutes Page Six May 27, 1987 Commission addressed each concern mentioned on the Probst letter and the following responses will correspond to the numbered concerns on the letter: 1. Clerk will provide a map of the area on which a rezoning is being considered, to be included with the notice of public hearing sent to persons withing 350 feet of the property in question. Also to be included will be a brief explanation of the zoning districts involved. It is agreed by the Commission members that signatures would be to large a barrier for this type of project. 2. This concern is not appropriately addressed. The only concern brought up at the May 5, 1987 meeting was opposition to smaller lots. 3. This was a comment made by Gerry Parent, the developer for L'Allier Estates II, not the Commission. 4. The park dedication was discussed in great length at the May 5, 1987 meeting, as reflected in the minutes of that meeting. A poll of each Commission member is also in the minutes of that meeting. 5. This information was not provided at the May 5, 1987 meeting. Chairman Tourville noted that he felt the area is better used for residential versus industrial. 6. The City of Centerville will do their best to minimize the heavy truck traffic. The trucks for the proposed L "Allier Estates II project would have to use Mill Road. However, the developer for Centerville Heights has agreed enter that project from Main Street only. 7. Information was not provided to substaniate this statement. The Commission did look at other communities and came up with a different conclusion. Commission members agreed to set July 7, 1987 as the public hearing date to rezone the Wegleitner property from residential to commercial, which is what Mr. Wegleitner thought it had been changed to in 1982. The properties are described as: That part of the West 714 feet of the South 250 feet of the Northwest Quarter of the Northeast Quarter lying Easterly of the East line of James Commercial Addition; excluding road; subject to easement of. The East 150 feet of the West 924 feet of the South 250 feet of the Northwest Quarter of the Northeast Quarter; P &Z Meeting Minutes Page Seven May 26, 1987 excluding road; subject to easement of REC. City Engineers will present their recommendation as to whether the drainage on the 1982 Wegleitner Addition final plat is still compatible with the surrounding properties. This plat was never registered with Anoka County within the 60 day time limit given by Ordiance #8. Mr. Wegleitner contends that Ordinance 010 was in affect when his plat was approved. Ordinance #10 does not give a time limit in which plat must be registered with the County. He was not aware of the repeal of Ordinance #10. At the June 2, 1987 P &Z Meeting, Commission members will decide whether the Wegleitner Addition would have to be replatted. Clerk has received several inquiries as to what is being done at 6923 Tourville Circle. This property is being rented by Mike Massie, who is living on the premises. He contends that he is "temporarily storing" large numbers of experimental plants. He says it is not an out of the home business. Mr. Massie did not appear at the Commission meeting or present a letter of explanation as requested by the City Clerk. From the information given, Commission members feel that this is a borderline home occupation. They request that the City Clerk consult the City Attorney to see if a written agreement could be set up between Mike Massie and the City. Such items in the agreement would be that there would be no more semi trucks loading or unloading on the property, all of the plants will be off the property by a certain date, no expansion of the present operation will be allowed, and no other materials connected with such a project will be allowed to be stored at this property. The primary use of this area is residential. Clerk relayed request for public hearing date to have lot lines adjusted for the property of 7267 Mill Road, lot 4, block 2 of L "Allier Estates. Commission members agree that the public hearing for this would be July 7, 1987. Clerk advised Commission that City Attorney suggests amending Ordinance #8 to make exceptions to the 20 acre parcel lot split requirement for public hearings for small land swaps and property line straightening. Commission directed Clerk to obtain copies of Ordinances from neighboring cities that have such an exception, for suggested wording. Motion by Buesseler, second by Lindgren to table a Planning and Zoning Commission recommendation on the rezoning and preliminary plat of Centerville Heights to the City Council until the June 2, 1987 Planning and Zoning Meeting, at which time the feasibility study for Centerville Heights will be available and can be discussed, motion carried unanimously. P &Z Meeting Minutes Page Eight May 26, 1987 Chairman Tourville advised that he felt that the City of Centerville is short changing itself when accepting $150.00 per lot in lieu of dedicated park land. He feels the land value is much greater now than years ago. He does not feel the the $2500.00 value per acre figure used by Council members is accurate by virtue of the engineering that has been done on the land over the years. He requests that the City Council review Ordinance #8, Item #21.02, which states that the market value of the land is to be determined by the City and the developer. None of the lands are platted as yet. Are the dollar amounts given to the Council by the developers the dollar amount that they would sell the land for (the market value), or is this the dollar amount the developer uses to pay minimum taxes and minimum park dedication fee possible. Commission advises Clerk to contact the County Assessors Office to get a more accurate dollar amount for the land value of L "Allier Estates II and Centerville Heights. Clerk advised that the City Council will set up a date in June for the P &Z, P &R, and City Council to meet to discuss City policy. Commission members would like to see the issue of future zoning districts and future modification on the agenda. Other agenda items will be discussed at the June 2, 1987 meeting. Clerk advised that Royal Meadows and the Peltier Lake Hills 2nd Addition have not put in trees as required in Ordinance #8. Commission requests that Clerk write to the developers involved and request compliance to Ordinance #8 regarding placement of trees. Motion by Lindgren, second by Vermeulen to adjourn the meeting. Meeting adjourned at 10:30 P.M. Respectfully submitted, Tamara M. Miltz- Miller Clerk /Treasurer CITY OF CENTERVILLE 1694 Sorel Street, Centerville, Minnesota 55038 429 -3232 • NOTICE OF PUBLIC HEARING CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at the City Hall on Tuesday, May 26, 1987, at 7:00 p.m. The purpose will be to hear all persons present regarding the possibility of rezoning the following described lands: The South Half of the Southwest Quarter of the Southeast Quarter, Section 14, Township 31, Range 22, Anoka County, Minnesota and that part of the West 56 rods (924.00 feet) of the Northwest Quarter of the Northeast Quarter of Section 23, Township 31, Range 22, Anoka County, Minnesota lying northerly of the south line of Block 3, and its easterly and westerly extensions, Peterson's Old Homestead Addition, excepting therefrom that part now platted as Peterson's Old Homestead Addition, according to the plat thereof on file and of record in the office of the Anoka County Registrar of Titles. t • Outlots A and B, Peterson's Old Homestead Addition, according to the plat thereof on file and of record in the office of the Anoka County Registrar of Titles. That part of the West 56 rods (924.00 feet) of the Northwest Quarter of the Northeast Quarter, Section 23, Township 31, Range 22, Anoka County, Minnesota, lying southerly of the south line of Block 3, and its easterly and westerly extensions, excepting therefrom the west 198.00 feet; that part lying westerly of the east 210.00 feet of the south 250.00 feet of the east 924 feet and the east 150.00 feet of the south 250.00 feet of the east. 924.00 feet thereof. NOTICE OF PUBLIC HEARING CITY OF CENTERVILLE May 7, 1987 Page 2 Subject to easements of record, if any, and that portion taken for County State Aid Highway No. 14. Said parcel contains 36.1 acres, more or less. From R -2 residential to R -2A residential. Dated: May 7, 1987 Tamara M. Milt - i Clerk /Treasurer CITY OF CENTERVILLE APPLICATION FOR VARIANCE OR REZONING VARIANCE FEE kg).00 REZONING X PAID �/f STREET LOCATION OF PROPERTY /UQ 4 C a,�� GGI�.t l�- ;:1d , 3 LEGAL DESCRIPTION OF PROPERTY See Cj' t' LC SIZE OF PARCEL (S) 7 ? j I � p, Ala ,2� s / `.5 PROPERTY OWNER e// 4 1 rs e 7 � / r PHONE NO. — d 30. / (FEE ADDRESS 191 Saber Lake Ad /k N6k A y � s s S// z APPLICANT C' d� it i r' ') PHONE NO . �, to - 3 7S`/ ADDRESS 6 rn P s so J c APPLICANT'S RELATIONSHIP TO PROPERTY _FEE OWNER CONTRACT PURCHASER OPTION 10 PURCHASE LEASE� HOLDER DESCRIPTION OF REQUEST ,e n - Cr 0 IC` 2 £2 /T I h p Pt'_ r'n± i o 'h am 5u.L Jikis ( n L REASON FOR REQUEST /Ce° 1 0 v+ C,nhns e- Z ` ) tobu 1� e Z/}- s pU, � J { ` 111 E OF APPLICANT) SIGNATURE OF P OWN ") )1/ JIG /, / 78' 7 /f � 2(DATE) • • LEGAL . The South Half of .the Southwest Quarter of the Southeast Quarter, Section 14. • Township 31. Range 22, Anoka County, Minnesota and that part of the West 56 Rods (924.00 feet) of the Northwest Quarter of the Northeast Quarter of Section 23. Township 31, Range 22. Anoka County, Minnesota lying northerly of the south line of Block 3. and its easterly and westerly extensions. Peterson's Old Homestead Addition, excepting therefrom that part now platted as Peterson's Old Homestead Addition, according to the plat-thereof on file and of record in the office of The'Anoke County Registrar of Titles. Outlets A and 8, Peterson's Old Homestead Addition, according to the plat thereof on file and of record In the office . of the Anoka County Registrar of Titles. . That part of the West 56 rods -(924 feet) of the Northwest Quarter of the North.% That part of the West-56 rods (924 feet) of the Northwest Quarter of the Northeast Quarter, Section 23, Township 31. Range 22, Anoka County, Minnesota, 1 southerly of the south line of Block 3, and its easterly and westerly e Lions, excepting therefrom the west 198.00 feet; that part lying westerly of the east 210.00 feet of the south 250.00 feet of the east 924 feet and the east 150.00 feet of the south 250.00 feet of the east 924.00 feet thereof. Subject to easements of record, if any and that portion taken for County State Aid Highway No. 14. 1 • SITE DATA . TOTAL 36.1 ACRES ` NUMBER OF LOTS 93 LOTS DENSITY 2.58 LOTS PER ACRE PARK DEDICATION • NONE • 7ING ZONING AGRICULTURAL PROPOSED ZONING RESIDENTIAL (SINGLE FAMILY) REZONING REQUEST FOR CLEAR WATER CREEK SUBDIVISION I would like to request a delay in Council action on the proposed - zoning change _ for the following reasons: L) Citizen involvement in the issues has been minimized by eliminating the re- quirements for neighborhood signatures, and by announcing rezoning proposals by listing a cryptic legal description only. 2) The Zoning Board (e.g. Development Commission) shows little concern for protectio of current residents and appears to onl be interested in the economic feasibility of proposals iw - - 3) The City is n record for strongly y iscourag n any residential development of soils classified as having very severe limitations. The Board dismissed this concern by assuming the map was old and unreliable, but gave their approval to the zoning change without waiting for the new soil sample tests. 4) A viable Park proposal was given vitually no consideration at the Zoning Board meeting. 5) Watershed and wildlife concerns were ignored at the Zoning Board meeting. The Creek corridor and adjacent land provides nesting habitat for Green Herons, Great Horned Owls, Pheasants, Orioles and dozens of other wildlife species. 6) The proposed development -- and especially the rezoning of 2 large developments- - will add significantly to human and traffic density, including a 15 -20% increase in heavy truck traffic for several years. This steady truck noise is already intolerable due to the Peltier Lake construction which is about 10% the scale of the 2 proposed developments. 7) The analogy of other communities having small lots in sewered developments is partially invalidated by the fact that these more progressive towns have meaningful zoning protection, whereby neighborhood approval is required for even small additions to current dwellings. - , 1 JOHN R. PROBST . 1 7167 MILL RD. v Centerville, MN 55038 tY 4 e Si i �r,