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HomeMy WebLinkAbout2003-05-06 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MAY 6, 2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on May 6, 2003, at 6:30 p. m. PRESENT: Chairperson Brian Hanson Commissioner Tom Wilharber Commissioner John McLean Commissioner Ray DeVine Commissioner Jenne Ie Commissioner Mic Il]as<Q Commissioner Da' [j@W@@ ABSENT: COUNCIL: Council Member Broussard Vickers 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) 1. Mr. Llovd Drilling Request to Rezone 6939 - 20th Avenue South from B-1 to R-2 Chair Hanson opened the public hearing at 6:36 p.m. Mr. Drilling addressed the Commission and reviewed his request. Chair Hanson indicated that residents in the area are concerned that drainage from the development would affect the current pond and cause flooding in the area. Mr. Drilling indicated that drainage for the development would be addressed by the City Engineer and Rice Creek Watershed District. He further commented that he is not allowed to impact adjoining properties with runoff from his development as all runoff must be maintained on the property. Commissioner De Vine asked how many additional parking spaces there would be. Mr. Drilling indicated that the City Code would govern the number of spaces he is required to provide. Page 1 of9 Planning & Zoning Connnission May 6, 2003 Meeting Minutes Chair Hanson asked what the dollar value of the townhomes would be. Mr. Drilling indicated that it would be difficult for him to build the units for anything less than $189,000 to $225,000. Commissioner McLean commented that there was a concern from a tax base standpoint that a commercial development on the property would generate more tax base for the City but the City could be waiting a long time for a commercial development on that site. Ms. Moore-Sykes commented that the tax laws have changed and, with class compression, commercial taxes will decrease and residential will increase making whether it is a commercial development or residential a non-issue. Mr. Drilling estimated that the potential tax base for the City from his development would be approximately $40,000 and agreed that there used to be a large disparity between commercial and residential taxes but that is not happening anymore. Commissioner Klennert Hunt asked whether the value of the townhomes would fall under the definition of high-density affordable housing. Ms. Moore-Sykes indicated that the density would qualify but she is not sure on the pricing and would need to research that. Council Liaison Broussard Vickers indicated that Council would not be interested in private roads within the development. Mr. Drilling indicated that the plan could be amended to eliminate the private roads, as this is merely a concept plan. Commissioner DeVine commented that he understood the comments of residents wishing to keep any available commercial space zoned that way but, in this case, he feels that rezoning would make sense in this case as the townhomes would be a good buffer between the current residential area and the commercial zone. He further commented that the difference in tax base from residential and commercial is not a consideration with the changes in the tax laws. Council Liaison Broussard Vickers cautioned that allowing this high-density housing would create a situation were there are a lot of homeowners concerned with what happens to the north as the new people will not feel like they are a buffer to the commercial development. Ms. Moore-Sykes indicated the City had received two written comments on the proposal. The first from Rob and Judy Schaeffer of 1970 Center Street voicing comments in favor of the rezoning and the second from Norma Essex who is concerned that the City keep its commercial property zoned commercial so she does not want the rezone. Commissioner Wilharber asked how many acres the development encompassed and whether there would be an association. Mr. Drilling indicated that the development was approximately three acres and said there would be an association. Page 2 of9 Planning & Zoning Connnission May 6, 2003 Meeting Minutes Commissioner Wilharber indicated he had an issue with only one entrance into the area for emergency purposes. Mr. Drilling agreed and suggested adding an exit onto Center Street. Chair Hanson commented that he did not think this number of homes would make much of an impact on Center Street. Commissioner Wilharber commented that it is amazing how many trips in and out people make. He then said that taking into consideration the greenspace requirements, ponding and size of the property he does not feel that it is possible to have 25 units. Mr. Drilling agreed and said that this is merely a concept plan and it may be necessary to scale back the number of units. Commissioner Wilharber commented that he feels this would be a good fit for the community. He then said that when this was discussed previously there were some that felt that a commercial development would be coming but he feels that is a long time off and this would bring income into the City with the residential taxes. He further commented that the people purchasing the units will need to be made aware of the zoning of the property around them and the potential uses for that property. Commissioner McLean agreed that there is a small negative with the loss of the commercial space but the City could wait a very long time for a commercial development and the townhomes would be a nice buffer while bringing in tax base to the City. Chair Hanson agreed. Motion by Commissioner DeVine, seconded by Commissioner McLean to close the public hearin2. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:55 p.m. Ms. Moore-Sykes indicated that this matter would be on for public hearing at the Council level on June 11,2003 for the comprehensive plan amendment. 2. Mr. Rick Carlson Request for Lot Combination & Rezone from R-l to R-2 (PUD) & Preliminary Plat (Hunter's Crossing 2nd Addition Chair Hanson opened the public hearing at 6:56 p.m. Mr. Carlson provided an overview of the preliminary plat and indicated that Mr. Wilharber had asked him to furnish sewer and water to the two sites to the north and he may want to ask for approval of an additional lot to the south ofMr. Wilharber for a total of 36 lots. Mr. Carlson indicated it is his intention to build one and two story walk out homes with prices ranging from $350,000 to $500,000. Page 3 of9 Planning & Zoning Connnission May 6, 2003 Meeting Minutes Mr. Carlson indicated it is his intention to grade the entire site and put in the pipes, erosion matting, silt fencing and seed the area left for Phase II with City approval. Mr. Carlson indicated that he would be installing underground drain tiling in the rear yards to assist with drainage in the rear yards as he is aware that there have been issues with backyard ponding. Mr. Carlson indicated that there has been confusion with regard to the request of the Park and Recreation Committee and then reviewed the numerous proposals being discussed. He then indicated he is not opposed to the park dedication fees as proposed but would prefer to connect the trail to the Lino Lakes trail as it has been amended rather than run the trail all the way down the St. Paul Waterworks easement. He also indicated he would prefer not to provide a sidewalk from the trail on Dupre Road through the development as he feels it is not necessary to bring residents to the trail in that location. Mr. Carlson indicated that the Park and Recreation Committee had indicated they would like the area to the north that is mostly wetland (south of Mr. Wilharber's property) as a parkland dedication to the City. He then indicated he is concerned with that because of the 4.5 acres only .75 of an acre is dry and with that much water he feels it is a major liability issue for the City. Mr. Carlson indicated he met with Mr. Wilharber who, as an adjacent property owner, should not be left out of the discussions and Mr. Wilharber had asked that a trail not be built in that location as it would run around his house. He further commented that most cities do not want to accept wetland as parkland due to the liability issues. Mr. Carlson indicated he would like to eliminate the dedication of the 4.5 acres and plat through it making those lots larger and transferring the liability of the pond to the homeowner's insurance. He then said he would like to make the connection to the Lino Lakes trail in the new location and provide a connection from the south to that trail. He would also like to eliminate the Dupre Road sidewalk situation. Mr. Carlson commented that sidewalks are not a part of his obligation under the Ordinance and, if required, he would like some consideration for that. Commissioner McLean asked if there were sidewalks in Phase I. Mr. Carlson indicated there were not. Mr. Carlson indicated Lino Lakes investigated the St. Paul Waterworks easement as a trail way but were afraid of the steep banks causing trouble for people falling off them and getting hurt and that is why they purchased an easement and moved the trail location. Commissioner DeVine asked ifMr. Carlson would consider putting the trail access in the south lined up with Shotgun Trail more to the north of the development. Mr. Carlson indicated he was willing to do so but would need to accommodate the wetland. Page 4 of9 Planning & Zoning Connnission May 6, 2003 Meeting Minutes Commissioner DeVine indicated he did not think the Dupre Road crossing was necessary as the main trail crosses Centerville Road to the north and another crossing on Centerville Road would be too dangerous. Ms. Moore-Sykes indicated there is a County plan to widen Centerville Road and that would add to the danger of crossing in that location. Commissioner DeVine indicated he would like the trail connected to the Lino Lakes trail but does not feel the other options are necessary. He then said that he feels it would not be in the best interest of the City to accept the wetland as parkland due to the liability and a trail in that area is not necessary. Chair Hanson asked whether this was a PUD. Mr. Carlson indicated that it is a PUD due to the frontages being a little less than code requirements. Chair Hanson commented that some of the square footages are also below the R-2 minimum requirements requiring a PUD. Commissioner DeVine commented that the average square footage is 17,500 and that meets the R-5 but he is only going with R-2. Commissioner Wilharber asked whether the wetland currently proposed for parkland would be platted to the lots rather than going to the City. Mr. Carlson indicated he would plat through the wetlands to transfer liability to the owner. Commissioner Wilharber expressed concern with kids playing on the ice as it is about six feet deep and poses a liability issue for the City should a child fall through and be hurt. He then commented that the high ground is only .75 of an acre and the trail would be a trail that went around a small lake with depths of up to six feet and that concerns him from a liability standpoint. He also commented that the trail means more maintenance and expense for the City. Commissioner Wilharber commented that since the trail went in for Hunter's Crossing he had been maintaining it by mowing and snow blowing and it is amazing the amount of trash that people leave on the trail. Commissioner Wilharber indicated the park listed in Phase II, Block Three is an error as it is a wetland not a park. He then indicated there were existing homes and farm buildings shown on Block Four. Mr. Krueger of 6719 Centerville Road indicated that he and Mr. Carlson have a property line issue to be corrected on the southeast corner where it abuts his property as the Page 5 of9 Planning & Zoning Connnission May 6, 2003 Meeting Minutes property line actually extends 25 feet further than was originally thought making his driveway on Mr. Carlson's property. Council Liaison Broussard Vickers indicated there is another small structure between 14 and 15 that is on the Carlson property and that issue would need to be resolved as well. Ted Mattke indicated that when the final plat for Phase II is complete those would be platted as outlots and rectified at that time so there should not be an issue with Phase I approval. Mr. Krueger indicated he would like water and sewer hookup when it goes into that corner. Ted Mattke indicated that when Phase II goes in that matter could be resolved as there are issues to consider such as whether the property is high enough to support the system or if a grinder pump would be necessary. Motion by Commissioner DeVine, seconded by Commissioner Lakso to close the public hearin2. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:29 p.m. Motion by Commissioner DeVine, seconded by Commissioner Klennert Hunt to recommend approval of the lot combination, preliminary plat with the chan2es discussed; no park in the north east corner of the property, no sidewalks alon2 Shot2un Trail, and the addition of the additional lot in the north east corner. All in favor. Motion carried unanimously. Ms. Moore-Sykes indicated the public hearing for the rezoning was closed without action and Council will hold a second public hearing on May 14, 2003 that will be continued to allow time for the public hearings on the Comprehensive Plan amendment. Mr. Carlson asked the Commission to consider allowing the grading for Phase II at the same time as Phase I to allow him to utilize the fill on the site and put all the required ponds in place. Chair Hanson asked how Mr. Carlson intended to control erosion prior to the build out of Phase II. Mr. Carlson indicated that in order to start the process he has to go through approval with Rice Creek Watershed District and they are the agency that governs how and what is done to ensure erosion control. Ms. Moore-Sykes indicated that Mr. Carlson would be seeding it and installing erosion mats. Page 6 of9 Planning & Zoning Connnission May 6, 2003 Meeting Minutes Mr. Carlson indicated Council could require, as a condition of the developer's agreement a small cash surety to ensure that any erosion issues can be handled but assured the Commission that he intended to take care of business as required. Ted Mattke indicated that it is a good idea for the re-vegetated as required by rice creek watershed district and in two years the vegetation will be thick in there. Mr. Carlson explained that the silt fencing left up on his development is because Rice Creek Watershed District requires it until they determine that the vegetation has been re- grown enough to ensure that there will be no erosion. Mr. Krueger asked whether the grading that takes place in Phase II would include sewer and water. Mr. Carlson indicated that only the storm pipes near the ponds would be added at this time. Commissioner Wilharber commented that Mr. Koran would most likely want the same thing. Mr. Carlson indicated that the residents should request to Council that they be included in the feasibility report for Phase II. Commissioner Wilharber indicated that Mr. Carlson has done other developments within the City and has to keep replacing and repairing the fence at Hunter's Crossing in order to meet the requirements of Rice Creek Watershed District. Motion by Commissioner DeVine, seconded by Commissioner Klennert Hunt to recommend approval of the 2radin2 for Phase II and ask that Council consider requirin2 surety for the erosion control. All in favor. Motion carried unanimously. III. APPEARANCES None. IV. OLD BUSINESS None. V. NEW BUSINESS 1. Ordinance #31 - Licensing and Bonding of Contractors Motion by Commissioner De Vine, seconded by Commissioner Lakso to repeal Ordinance #31. Commissioner Wilharber indicated that the City adopted this Ordinance to assist with protecting residents from contractors that came to town, took money and disappeared. Page 7 of9 Planning & Zoning Connnission May 6, 2003 Meeting Minutes Ms. Moore-Sykes indicated that Staff was not aware of the Ordinance and it is not being followed. Commissioner Klennert Hunt asked how much additional administrative time would be required. Council Liaison Broussard Vickers indicated that the City would need to set the fees high enough to cover the administrative costs. She then said that the state of Minnesota has a licensing process and she would not want to make a contractor go through the process again for the City if they have the required state information. Council Liaison Broussard Vickers commented that part of her feels it is the residents' responsibility to look into contractors and not a City responsibility. VOTE: All in favor. Motion carried unanimously. VII. DISCUSSION ITEMS Commissioner Wilharber asked for an update on the dealings with Mr. Vang. Ms. Moore-Sykes indicated she had not heard anything lately from Mr. Vang and told the Commission that the property owner had sent a letter to the City indicating that he has no intention of selling his property and asking that residents stop calling him with negative feedback. Commissioner Wilharber asked for an update on the storage building. Ms. Moore-Sykes indicated that Mr. V otel had asked if there was anything the City could do to assist the situation with Mr. Rehbein and Mr. Carpenter and, unfortunately, it is a private issue between the landowners. Commissioner Wilharber asked for an update on the kennel. Ms. Moore-Sykes indicated that the kennel owner had found other property and that will not be coming to Centerville. Chair Hanson asked whether anyone had heard anything further about a grocery store. Ms. Moore-Sykes indicated she has heard nothing on grocery stores usually the inquiries are for manufacturing and industrial uses. Commissioner Wilharber commented that the grocery people are usually looking for at least a population of 30,000 to draw from within a certain distance. Council Liaison Broussard Vickers indicated that Columbus Township is building a new Gander Mountain that is 100,000 square feet. Page 8 of9 Planning & Zoning Commission May 6, 2003 Meeting Minutes Ms. Moore-Sykes indicated the City is meeting with Hugo and Lino Lakes on May 15, 2003 at 7:00 p.m. at Hugo City Hall to discuss development and redevelopment within the area. Commissioner Wilharber commented that the ponds were never taken care of to handle the drainage behind Vanderbeeks and Schwartz and he would bet there will be drainage issues with the new homes because the ditch was not cleaned. He then said that most of the trail is under water. Ms. Moore-Sykes indicated the City Engineer and Building Inspector are working on that. VII. CONSIDERA TION OF MINUTES 1. April 1, 2003, Planning and Zoning Meeting Minutes Motion by Commissioner Wilharber, seconded by Commissioner DeVine to approve the minutes of April 1, 2003, as amended. All in favor. Motion carried unanimously. Chair Hanson abstained from voting. VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded by Commissioner DeVine to adiourn the May 6, 2003 Plannin2 Commission meetin2 at 8:04 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc Page 9 of9