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HomeMy WebLinkAbout2003-08-05 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION August 5, 2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on August 5,2003, at 6:30 p. m. COUNCIL: Chairperson Brian Hanson Commissioner Tom Wilharber Commissioner Jennefer Klennert Hunt Commissioner Michelle Lakso Commissioner David Kilian Commissioner John McLean ::~emiSSioner Ray ~ ~ None. CF@W@@ PRESENT: ABSENT: STAFF: Ms. Moore-Sykes, City Administrator 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. Gary Schmidt - 7071 Cottonwood Court Concept Plan/Variance This item was removed from the agenda as Mr. Schmidt was not in attendance. IV. OLD BUSINESS 1. Mr. Dave Kilian - 1695 Sorel Street - M-l Site Plan Review Commissioner Wilharber suggested that Staff reference the paragraph in the Ordinance that the item refers to and Commissioners look it up on their own to save staff time and copying costs. Page 1 of6 Planning & Zoning Connnission August 5, 2003 Meeting Minutes The Commission agreed. Mr. Kilian reviewed his revised plans with the Commission explaining the materials to be used and the size of the proposed structures as well as a proposed cost for the materials. He then asked if it was possible to build one 880 square foot building rather than the two. Ms. Moore-Sykes indicated that the Ordinance allows for a maximum accessory structure of 704 square feet. Chair Hanson asked if there would be any grading done. Mr. Kilian indicated that he intended to leave the grading as it is because it works well and said he would be restoring the grading to its current state after the site is leveled and the buildings constructed. Motion was made by Commissioner DeVine and seconded by Commissioner Wilharber to recommend to Council approval of the Site Plan as presented by Mr. Kilian. All in favor. Motion carried unanimously. Commissioner Kilian abstained from voting. V. NEW BUSINESS 1. Ground Development Request for Compo Plan Amendment Advancing the Development StagingIDate for Anticipated Development (MUSA) from 2006 - 2010 to 2001 - 2005. Mr. Dale Runkle addressed the Commission and indicated that the lots are selling faster than anticipated and they would like to begin work on Phase III with preliminary grading, if possible, in the late fall and building to begin next spring. Commissioner Wilharber asked whether the appropriate fee for the Comprehensive Plan amendment had been paid by the applicant. Mr. Runkle indicated he attempted to give the City a check for the fee but was asked to hold off until the bill has been presented and pay it at that time. Commissioner Klennert Hunt asked what was recently approved with the other MUSA advancement request in the interest of precedence. The Commission explained the recent approval on the other development requesting MUSA advancement. Commissioner Klennert Hunt asked whether the trail would continue through Phase III. Mr. Runkle indicated that it would not. Ms. Moore-Sykes indicated that there have been drainage issues in the eXIstmg development specifically with the water flowing over the trail but the developer and the engineers are working on the matter. Page 2 of6 Planning & Zoning Connnission August 5, 2003 Meeting Minutes Commissioner Wilharber indicated that he has lived in the City a very long time and he is concerned that continuing the trail would cause further drainage issues because it has been a relatively dry year and there are water problems and those would only be exacerbated with a wet year. Mr. Wes Schoeberlein of 1744 Partridge Place addressed the Commission and provided pictures of the water backing up onto his property since the new development came in. He then indicated that some of his neighbors are concerned with the drainage as the existing homes are lower than the new development. He also indicated that he has water on three sides of him and he is very concerned about that. Mr. Schoeberlein indicated that they were told the existing pond would not collect water but it is and it is very high and flows out. He then said he is not sure what the solution is but he has water now that he did not have before and he is sure it is due to the recent development. Commissioner Wilharber indicated he has no issue with approving Phase III but would like Council to require that existing drainage issues be resolved before proceeding with the next phase. Commissioner Klennert Hunt indicated that the drainage should be monitored by the engineers because there is an overall drainage issue in the City. Ms. Moore-Sykes indicated the engineers are watching the drainage and discussing the pond and how to resolve that issue. Commissioner McLean indicated he has no issue with recommending approval of the Phase III advancement but would like Council to address the existing drainage and the engineers to review the drainage for Phase III to make sure the drainage is appropriate. Commissioner Lakso indicated she was fine with the MUSA advancement but would like the drainage issue handled. Chair Hanson indicated that the drainage issue raised by Mr. Schoeberlein should be addressed as well as the overall drainage for the development before Phase III commences but he is fine with the MUSA advancement for Phase III. Mr. Runkle assured the Commission that he and his engineers will work with the City and the City's engineers to ensure that the drainage works. Motion was made by Commissioner Wilharber and seconded by Commissioner Kilian to recommend to Council approval of Ground Development's request for Comprehensive Plan amendment advancin2 the development sta2in2/date for anticipated development from 2006 - 2010 to 2001 - 2005 and Final Plat. All in favor. Motion carried unanimously. Page 3 of6 Planning & Zoning Connnission August 5, 2003 Meeting Minutes 2. 1744 and 1764 Main Street Request to Vacate Roadway Easement The residents at 1744 and 1764 Main Street addressed the Commission and asked that the City vacate the proposed roadway easement to the south of their property. The Commission discussed the matter and determined they had no issue with the vacation provided that the proposal did not landlock any properties. They then asked Staff to research the matter to determine whether there would be any issues with recommending approval of the vacation. Motion was made by Commissioner DeVine and seconded by Commissioner Klennert Hunt to recommend to Council approval of the vacation of the Clearwater Road easement in the area discussed. All in favor. Motion carried unanimously. The resident asked if it was possible to combine her lots because the County had said she could not do so. The Commission recommended that she contact City Staff to begin the process and indicated the County would be required to record the lot combination if it was approved by the City. Commissioner Wilharber recommended that the lot combination request happen prior to the end of the year otherwise the County would require that taxes for the entire upcoming year be paid for before recording the lot combination. VI. DISCUSSION ITEMS 1. Ordinance #4 - Swimming Pool Fences and Temporary Structures Ms. Moore-Sykes indicated the City is receiving a lot of complaints concerning swimming pools and lack of fencing due to the increased interest and affordability in the inflatable, temporary swimming pools. Commissioner De Vine indicated that he felt some people have been singled out because only a few people received letters from the City and there are a lot of this type of pool in the community. He then said that he thought that enforcement was by complaint and there have been no official complaints made by residents, these have been brought forward by Staff. He further commented that he does not think it makes any sense to require a fence around a temporary, inflatable pool but not around the ponds in town or his man made pond that is at ground level and much easier to fall into. Ms. Moore-Sykes indicated that Staff is out and about within the community and feels compelled to bring issues of ordinance violations forwarded when they are noticed. She then asked if Staff is to be directed to ignore ordinance violations when they are seen and wait for resident complaints. She also indicated that Staff is seeking direction from the Commission and Council concerning whether a building permit for swimming pools should be required to ensure that the wiring is properly installed. Page 4 of6 Planning & Zoning Connnission August 5, 2003 Meeting Minutes The Commission discussed the swimming pool issue briefly and indicated it would require more discussion and determination as to a definition of a temporary pool and also asked that Staff research state statutes to determine what the depth is for pools to trigger a fencing requirement. Commissioner Wilharber suggested that if a fence is not required for pools the City should not have that in its ordinance because it increases City liability to require a fence and then not ensure that the fences are up and maintained. He then agreed that the state requirements should be researched. Commissioner De Vine indicated that it does not seem fair to residents that live on the main streets to have Staff looking for these types of issues. Ms. Moore-Sykes indicated that Public Works is deeper within the community and reports any violations noticed as well. The Commission agreed that Staff has an obligation to report ordinance violations but asked for further research into the swimming pool requirements of the state. Ms. Moore-Sykes indicated that Staff has observed a temporary structure that the resident has claimed is a fish house. The Commission discussed the matter and asked that Staff determine whether the structure is licensed as an ice house. If it is it can stay, if it is not, it must be taken down because temporary storage structures are not allowed. Motion was made by Commissioner Wilharber and seconded by Commissioner Lakso to table Ordinance #4 for further information. All in favor. Motion carried unanimously. 2. Site Plan Review - Public Hearing? Ms. Moore-Sykes indicated that Staff is seeking direction as to whether to require a public hearing for site plan review. The Commission discussed the matter and asked Staff to determine what the state requirements are for public hearings before making a recommendation. Chair Hanson asked Staff to look into the temporary signs that seem to be up all over town for too long. Commissioner Wilharber asked the Commission to consider recommending that the stipend be changed back to $10 per meeting to save money during these tight budget times. The Commission discussed it and agreed that it was a good idea as they are interested in serving the City and not in the money. Page 5 of6 Planning & Zoning Commission August 5, 2003 Meeting Minutes Commissioner Wilharber indicated that no one asked him to bring this up it was his own idea as a way to help with the City's budget crunch. Motion was made by Commissioner Wilharber and seconded by Commissioner DeVine to recommend to Council that the stipend for Plannin2 and Zonin2 20 back to $10.00 and sU22est that other Committees consider doin2 the same. All in favor. Motion carried unanimously. VII. CONSIDERA TION OF MINUTES 1. July 1, 2003, Planning and Zoning Meeting Minutes Commissioner Wilharber requested the following changes: On Page 4 indicate that Mr. Kilian is located close to Trio not Kelly's. On Page 5 correct the spelling of Goiffon. Commissioner Klennert Hunt requested the following change: On Page 3 change one to on. Motion by Commissioner Wilharber, seconded by Commissioner Kilian to approve the Minutes of July 1,2003, as amended. All in favor. Motion carried unanimously. Commissioners De Vine and McLean abstained from voting. VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded by Commissioner DeVine to adiourn the AU2ust 5, 2003 Plannin2 Commission Meetin2 at 8:08 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 6 of6