HomeMy WebLinkAbout2010-04-06 Packet terviCCe
�:,-��r�,ti�r�s;
PLANNING AND ZONING COMMISSION
MEETING AGENDA
TUESDAY, APRIL 6, 2010
6:30 p.m.
I. CALL TO ORDER If you haven't
already, please
1. Roll Call complete your
Disclosure of
Financial Interest
II. APPEARANCES/PRESENTATION(S) Form and return it to
Da1ias
III. PUBLIC HEARING (S)
IV. PUBLIC INPUT
IV. OLD BUSINESS
VI. NEW BUSINESS
1. Appointment of Chair & Vice Chair
2. Comprehensive Plan — Zoning Modifications (Please Bring Yours)
3. Residential Accessory Structures Setbacks
VII. DISCUSSION ITEMS
VIII. CONSIDERATION OF MINUTES
. 1. December 1, 2009 Meeting Minutes
IX. ADJOURNMENT I
FYI
Resignation of Commission Member Pangell
**REMII�TDERS**
Centerville Lions Easter Egg Hunt — April 3, 2010, 11:00 a.m. Laurie LaMotte Memorial Park
Parks & Recreation Committee Meeting — April 7, 2010, 6:30 p.m. Council Chambers
City Council Meeting — April 14, 2010, 6:30 p.m. Cauncil Chambers
City Council Meeting — Apri128, 2010, 6:30 p.m. Council Chambers
Local Board of Appeal & Equalization Scheduled for Apri128, 2010, 6:30 p.m.
Council Chambers
POP Community Oriented Policing (CLPD) Community Meeting Schedule for April
29, 2010, Church of St. Genevieve Community Parish Center, 6995
Centerville Road
CERT is looking for a few good members to be a part of a very important team.
Training is Thursday evenings, Apri18 through May 20, from 6:00 p.m. — 9:00 p.m. at
Centennial Lakes Police Department. GET THE WOBD OUT!
Memorandum � Bonestroo
To: City of Centerville City 2335 Highway 36 W
Council and Planning Project: Zoning Issues �ate: 3J23J10 St. Paul, MN 55113
Commission Tei esi-es6-4soo
From: Tina Goodroad and Kurt Fax 651-636-1311
Glaser Client: City of Centerville
www.bonestroo.com
Re: Non-conforming Uses File No:
The City Council and Planning Commission have recently been discussing the issue of
land use and zoning conflicts and non-conforming uses. This memo is intended to
provide an overview of options for the City to consider.
Land Use and Zoning Conflicts:
The City recently updated its Comprehensive Plan as required by all communities in
the Metropolitan area. A Comprehensive Plan is a long-range vision and guide for the
community's future. It is also a guide for elected officials to use when making
decisions and serves as the legal foundation for rules and regulations adopted by the
community such as the zoning ordinance and subdivision regulations.
The process undertaken included preparation of the update and recommendation by �,
the City for submittal to the Metropo{itan Council. The Metropolitan Council has �
approved the updated plan. Their authority, in reviewing updated plans is to ensure
updates by each community are not in conflict with regional systems including I
transportation, parks and sanitary sewer. Plans must also demonstrate efficient use
of regional infrastructure. One of the most basic requirements to ensure efficiency is ,,
that new residential development occur at a minimum density of 3 units per net acre
or greater. In addition, during this update Centerville made efforts to review the land
use ptan to provide for higher residential densities in some areas to accommodate a �
population growth beyond 5,000 people. This change, when it occurs, can open
opportunity for state aid funding of roads. It is not predicted at this time when the
growth, through new development, will occur but it is the City's role to plan for the
desired type of growth.
This update reviewed all land uses within the community and made a few changes to
areas in an attempt to provide for growth through new development and
redevelopment to expand the population and tax base, maintain density at or above 3
units an acre and provide new opportunities for life cycle housing.
When a new comprehensive plan was adopted it is important for the City to review its
zoning map and regulations to ensure the land use and zoning are not in conflict.
This does not mean that zoning districts must be exactly consistent with the land use.
The most recent land use update did result in some changes resulting in the need to
analyze the underlying zoning. The property shown on to the right was re-guided
during this update to Medium Density Residential. This was an , �,�, . ;t ,
intentional decision to create new opportunities for future higher � °_�°
density development. The underlying zoning is R-1, Rural Residential
which states a purpose ��to allow agricultural activities and non-
sewered residential dwellings as interim uses of land. The city has
limited vacant land for development and all land in the city is planned
for eventual urban uses." The ordinance allows as a permitted use
single family detached but only at a density not exceeding one home �
per 10 acres. This district is well set up to serve as a"holding zone"
until development. At the time a development application is made, --
..,;
the city can consider a rezoning that is in line with the Medium f
Density land use designation. A change to the zoning is not
necessary at this time. During the City Council discussion of all of these items it
would be beneficial to have clarified in the minutes that the maintenance of the R-1
zoning is only until sewer is available and a char�ge in zoning wi!! be made upon a
development application in a manner consistent with the land use designation.
A semnd site that should be considered for a zoning change is shown on the �� �i '' ��;°
right where a new High Density area was created along Co Rd 14 on the
western edge. The underlying zoning is R-2 which is limited to single family and `'� �,�,,
single family attached with two units. The zoning should be changed to R-2A ,�, . �
that allows single family attached with more than four units per building. �' �
{.
A final site that should be considered for a zoning change is the commercial
guided area at the south east corner of Co. Rd. 14 and Co. Rd. 54. In the `� �
previous Comprehensive Plan this area was guided industrial and is currently
zoned I1. The updated Comprehensive Plan reguided this area Commercial to
provide for a higher land use considering the interchange improvements and �� �_� '
adjacent future land use in Lino Lakes which is also commercial. The City �
should inventory the uses within this area and consider rezoning to B-1,
mmmercial so that it is not in conflict with the land use. In considering the !
uses permitted in the B-1 zone the city could amend the uses aliowed if deemed �
necessary.
i
Existing single family in Mi and M2 Mixed Use districts: �
The downtown redevelopment area has been in the planning stages for some time. �
The City has completed extensive work preparing a redevelopment plan and has made �,
the decision to guide the area Mixed Use, first in the previous Comprehensive Plan
and reinforced in the updated Plan. This action is an essential and important part of
the redevelopment effort, even if the redevelopment does not immediately occur. The
area has also been rezoned to Ml and M2 from previous R-2 zoning to ensure the
zoning is not in conflict with the Comprehensive Plan. The Comprehensive Plan '
designation and Mixed use zoning is "intended to provide for the unique layout and I
character of a traditional central business district with retail, professional office, '
.��.,,�s
residential and other mixed uses." The permitted uses in this district include
traditional downtown core issues to reinforce the plan incfuding retail, professional
offices, multiple residences, etc. Traditional single family is no longer a permitted use.
These decisions regarding land use and zoning are based on long range
redevelopment plans. The changes called for in these plans often take years,
especially considering the market conditions we are currently in. However, in light of
these challenges it is important, if the City desires to see change in this area, to
maintain this land use and zoning.
The affect of these decisions converts the existing residential uses and structures to a
legal nonconforming status. A legal nonconforming use and structure may be
continued however the current ordinance limits any improvements to only normal
maintenance of a structure including necessary nonstructural repairs and incidental
alternations, which do not extend or intensify the nonconforming use. This limitation
may inhibit an existing owner from adding a small room addition, garage addition or
other expansion that provides the owner more livability prior to redevelopment.
In order to maintain the long range vision for the area it is important the city keep the
underlying land use and zoning, however, the City may consider an amendment to the
nonconforming section that adds flexibility to existing properly owners for building
additions that are in conformance with the previous R2 zoning. The current '�
ordinance contains some flexibility already in that construction of one detached
accessory building, not exceeding 200 sq ft will be considered an incidental alternation I
to a legal non-conforming use. Also, construction an uncovered deck or porch, not
exceeding 100 sq ft, fences and construction of above ground pools up to 15 feet in ,
diameter shall be considered incidental alterations. �
State statue does allow expansion of a nonconformity provided iYs allowed by I
ordinance. The City may do this through a site plan review permit approval process
and can limit the amount of building addition in terms of additional building or by ,
limits of the R-2 zoning. New ordinance text could be inserted into the City`s �
nonconforming section as follows:
(A) Nonconforming structures may not be enlarged or altered in a way that increases
their nonconformity unless in compliance with the following:
1. Expansion or alteration of a structure found to be nonconforming might be
permitted, provided the expansion complies with the requirements of the R-2 zoning
district (including setbacks) and the additional area does not exceed 25°!0 of the total
square footage of the original structure as existing on May 23, 2006.
[City Council can consider most appropriate percent limitation or remove this limit and
simply rely on R-2 requirements]
2. Additions to detached single-family dwellings not meeting the required side
yard setback, but not less than six (6) feet from the side lot line, may have an
addition at the existing side yard setback.
.�T�,�<
i
� 3. New decks or maintenance of existing decks shall be permitted based on
requirements of the R-2 zoning district (including setbacks).
4. A site plan shall be submitted for review and recommendation by the
Planning Commission and approval by the City Council. The City Council may place
reasonable conditions upon the request.
� Making these changes to the nonconforming ordinance will give existing owners
assurance that they can maintain their home and make modest improvements to
� ensure livability until such time redeveiopment occurs.
i
If you have additional questions please contact me at
tina.aoodroad@bonestroo.com or 651-967-4537.
�
i
�
�
.��s��
AMEND DEFINITIONS
ACCESSORYBUILDING. A subordinate puildin� ar �ortion of the main building _ _,_- ne�eted structure detached from but
which is located on the same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
YARD, REAR "I'he portion of the yard on the same lot with the principal building located F --- rwrmatted: Don't adjust space
between the rear line of the buildin� and the rear lot line and extending for the full width of the beh'�'�n Latin and Asian teM, Don't
adjust space becween Asian text and
��'------------------------------------------------ numbers
\ D21Eted: A yard e�ctending along a side
lot line between the frrn�t and rear yard
AMEND ACCESSORY USES• lot line, having a width as speciSed in the
I • yazd regulations for the dishict in which
the lot is lceated
§ 156.107 ACCESSORY STRUCTURES AND USES.
(A) Accessory Structures — Residential Uses
� (1) No more than two detached accessory buildings are permitted on any single-
family, detached dwelling pazcel located in any district except R-1. Combined aggregate
� square footage for detached accessory structures shall not exceed 200 square feet or 2%
of the lot area, whichever is greater.
� (5) Accessory structures and accessorv buildin�s must have a minimum of a 5-
foot interior side setback and a 10-foot rear setback. Where a rear or side yard abuts a ,
street, an accessory building shall be set back a minimum of 20 feet from the street ',
property line. No structure may be placed in an easement except bridges by written �
� permit approved by the City Council. Where a lot line easement exists, the buildin� I
overhang may not extend into the easement except where approved by the City Council.
references in the future tense may include the present;
(B) The catch lines of the sections of this chapter are intended as mere catchwords to
indicate the content of the section, and shall not be deemed or taken to be titles of the
sections, nor be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any sections.
§ 156.006 DEFINITIONS.
For the purpose of this chapter, the following defmitions shall apply unless the
context clearly indicates or requires a different meaning. Other words not included in
this section shall have the meaning defined in Minnesota Statutes. Other words not so
defined shall have the meaning customarily associated with them.
ABANDONMENT. To cease or discontinue a use or activity without intent to
resume, but excluding temporary or short-term interruptions to a use or activity during
periods of remodeling, maintaining or otherwise improving or rearranging a facility, or
during normal periods of vacation or seasonal closure.
ABUTTING. Having a common border with, or being separated from a coxnmon
border by a right-of-way, alley or easement.
ACCESSORYBUILDING. A subordinate structure detached from but located on
the same lot as the principal structure, the use of which is incidental and accessory to that
of the principal structure.
ACCESSORY USE. A use incidental to and on the same lot as a principal use.
AGRICULTURE. The use of land for agricultural purposes, including farming,
dairying, pasturage, agricultural horticulture, floriculture, viticulture and animal poultry
husbandry and the necessary accessory uses for packing, treating or storing the produce;
provided, however, the operation of any accessory uses shall be secondary to that of
normal agricultural activities.
ALLEY. A public or private way permanently reserved as a secondary means of
access to abutting property.
ALTERATION. Any change, addition or modification in construction or occupancy
of an existing structure.
ALTERATION, STRUCTURAL. Any change in the supporting members of a
building or structure, such as bearing walls, columns, beams or girders; provided,
however, the application of any exterior siding to an existing building for the putpose of
beautifying and modernizing shall not be considered a STRUCTURAL ALTERATION.
ANTENNA. Any system of wires, poles, rods, reflecting discs, satellite dishes or
6
YARD. A required open space on a lot which is unoccupied and unobstructed from
the ground upward, except as otherwise provided for herein. The measurement of a
YARD shall be construed as the minimum horizontal distance between the lot line and the
build'mg line.
YARD, FRONT. A yard extending aeross the full width of the front lot between side
lot lines and extending from the front property line to the depth required in the yard
regulations of the district in which the lot is located. On a comer lot, both street
frontages shall be considered the front.
(Ord. 2d #5, amended 5/10/06)
YARD, REAR. A yazd extending along a side lot line between the front and reaz
yard lot line, having a width as specified in the yard regulations for the district in which
the lot is located.
YARD, SIDE. A yard between the sideline of the lot and the nearest line of the
building and extending from the front yard to the rear yard.
ZONING DISTRICT. An area or areas for which the regulations and requirements
governing use, lot and bulk of buildings and premises are uniform.
§§ 156.007-156.14 reserved for expansion
DISTRICTS AND IISE REGULATIONS
§ 156.015 GENERAL PROVISIONS
(A) Zoning map. A map entitled Centerville Zoning Map is hereby adopted by
reference and declared to be part of this chapter as the official zoning map. This map
shall be on permanent file and available for public inspection in the City Hall. It shall be
the responsibility of the Administrator to maintain and keep the map up to date and to
record each amendment thereto within 30 days after official publication of the ordinance
adopting the amendment.
(B) Interpretation of the zoning map. Where due to the scale, lack of detail or
illegibility of the zoning map attached hereto, there is an uncertainty, contradiction or
conflict as to the intended location of any zoning district boundary as shown thereon, the
Zoning Administrator shall make an interpretation of the map upon the request of any
person. Any person aggrieved by the interpretation may appeal the interpretation to the
Board of Appeals and Adjustments. T'he Board of Appeals and Adjustments, in
interpreting the zoning map or deciding any appeal, shall apply to the following
standards:
(1) Zoning district boundary lines are intended to follow lot lines, or be parallel
or perpendicular thereto, or along the centerlines of streets, rights-of-way or
18
(C) Temporary structures and trailers used in conjunction with construction work
shall be permitted only during the period that the construction work is in progress.
Permits for temporary structures shall be issued for a period not exceeding six months.
§ 156.105 PUBLIC UTILITIES REQUIRED.
All residential, commercial, industrial, public, institutional or other uses, which
include plumbing facilities, shall be connected to the public sewer and water system
when available.
§ 156.106 RELOCATED BUILDINGS OR STRUCTURES.
(A) No existing building or structure may be relocated anywhere in the city without
a permit. A permit for the relocation of any building or structure may not be issued
without site plan approval by the city.
(B) The Planning and Zoning Commission shall not recommend approval of a site
plan without certifying the following:
(1) T'he building or structure is compatible in appearance, age and character
with existing buildings and structures in the area;
(2) T'he building or struchue meets all code requirements for new buildings or
structures;
(3) The building or structure is compatible with any other buildings or
structures existing on the same property; and
(4) The building or structure meets all other requirements of this chapter and I
any other city ordinances.
§ 156.107 ACCESSORY STRUCTURES AND USES. I
(A) Accessory Structures — Residential Uses
(1) No more than two accessory buildings are permitted on any single-family,
detached dwelling parcel located in any disfict except R-1. Combined aggregate square
footage for accessory structures shall not exceed 200 square feet or 2% of the lot area,
whichever is greater.
(2) In no event may the combined square footage of accessory buildings exceed
the square footage of the main level of the principal structure, except in the R-1 District.
(3) No accessory structure may be constructed on a parcel without a principal
structure.
36
(4) No accessory structure shall be erected or located within any required yard
other than the rear yard.
(5) Accessory structures must have a minimum of a 5-foot interior side setback
and a 10-foot rear setback. Where a rear or side yard abuts a street, an accessory building
shall be set back a minimum of 20 feet from the street property line. No structure may be
placed in an easement except bridges by written permit approved by the City Council.
(6) In case an accessory structure is attached to the main building, it shall be
made structurally a part of the main building and shall comply in all respects with the
requirements of this chapter applicable to the main building.
(7) An accessory building, unless attached to and made a part of the main
building, shall not be closer than 6 feet to the main building, except as otherwise
provided in this section.
(8) The total area of an attached accessory building (gazage) shall be no greater
than 1,500 square feet per level, but in no event may the gazage space exceed the square
footage of the main floor of the dwelling.
(9) Swimming pools may exceed the size requirements for accessory structures,
but shall not exceed 50% of the rear yard.
(10) The side walls of an accessory building shail not exceed 10 feet in height
and the overall height of the structure shall not exceed 15 feet, except to match the roof
slope of the principal structure. This provision shall not apply to farm buildings located in
a R-1 District.
(11) Arbors, trellises, balconies, breezeways, open porches, detached outdoor
living rooms, and heating equipment may be placed in a rear yazd if it is at least 15 feet
from the rear lot line and five feet from a side lot line, but may not be closer to a side
street property line than the principal structure.
(12) Neither building with metal roots and exterior walls and covering a total
(exterior) area in excess of 120 square feet, nor any other buildings with metal roofs shall
be permitted in any residential or mixed use district. Pole-type buildings and rigid frame
structures with membrane roof or sides, are also prohibited all zoning districts.
(13) Building exceeding 120 squaze feet shall be anchored to a concrete floating
slab foundation.
(14) The exterior color and design of an accessory structure shall be similar to
the principal structure.
(B) Accessory structures, non-residentiad uses. The following standards shall
regulate the construction and maintenance of non-residential accessory structures:
37
(1) All accessory structures shall be subject to the same setback, height and
exterior finish regulations as a principal structure for the district in which it is located.
(C) Permits. All accessory structures shall require a building or zoning permit from
the city.
(Ord. 91, passed 3-8-2006)(Ord. 2d #5, amended 5/10/06)
§ 156.108 SITE PLAN REVIEW REQUIRED.
(A) Review scheduling. For all land use applications or permit applications for
commercial or industrial structures, a site plan review is required by the Planning and
Zoning Commission. Application materials must be submitted at least five business days
before the Planning and Zoning Commission meeting to be considered at the meeting. If
staff determines that the application is complete, it will be placed on the agenda.
(B) Submittal requirements.
(1) Boundary survey of pazcel including identification of all monuments;
(2) Scaled location of all buildings, structures, driveways, sidewalk, trails,
pazking stalls and curbing;
(3) Scaled identification of all setback dimensions from property lines;
(4) Scaled locations of all existing and proposed utilities and easements; I
(5) Scaled depictions of floor plans for each story;
(6) Scaled depictions of each building elevation and descriptions of exterior
building materials and color schemes; i
(7) Scaled site grading plans, including erosion and sedimentation control
mechanisms and procedures;
(8) Scaled delineations of any shoreland, floodplain or wetland areas on the
site;
(9) Identification of any floodplain or wetland encroachments and detailed
mitigation plans;
(10) Detailed landscape plans, illustrating size, types and locations of all
materials, a description of site seeding or sodding, a description of the timetable for site
landscaping and the identification of any irrigation systems; and
38
DRAFT DRAFT DRAFT
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
December 1, 2009
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regularly
scheduled meeting on December 1, 2009, at 6:30 p.m.
PRESENT: Commissioner Darrin Mosher
Commissioner Eric Larson
Commissioner Jim Wekseth
Commissioner Jesse Lange
ABSENT: Commissioner Roland Parrucci
Commissioner Thomas Wood
Commissioner Mark Pangell
STAFF: Administrator Dallas Larson
OTHERS PRESENT: Council Member Linda Broussard Vickers
I. CALL TO ORDER '
Commissioner Mosher called the meeting to order at 6:35 p.m.
1. Roll Ca11 I
II. APPEARANCES/PRESENTATIONS
None
III. PUBLIC HEARING
The Commission held a public hearing to consider a proposed plat of Clearwater Business
Park. Property owners are City of Centerville and Sheehy Construction. No one was present to
speak with regard to the proposed subdivision.
Motion bv Commissioner Larson, seconded bv Commissioner Lans to close the
aublic hearing. All in favor. Motion carried
IV. OLD BUSINESS
None
Page 1 of 2
City of Centerville
Planning and Zoning Commission
September 1, 2009
V. NEW BUSINESS
The Commission discussed the proposed subdivision of Clearwater Business Park.
Motion bv Commissioner Larson, seconded bv Commissioner Wekseth that the
Commission recommend to the Citv Council that the Arouosed subdivision be granted
nreliminarv and final plat aaaroval. All in favor. Motion carried (4-0).
VI. DISCUSSION ITEMS
The Commission noted that the Council has directed that all members be provided City
email accounts. These accounts will be used to correspond with the Commission on all city
matters.
VII. CONSIDERATION OF MINUTES
1. October 6, 2009, Meetin��Minutes (No meetin�in November�
Motion bv Commissioner Mosher, seconded bv Commissioner Wekseth. to apnrove
the October 6, 2009, minutes as nresented. All in favor. Motion carried 4-0.
VIII. PLANNING AND ZONING COMMISSION MEETING ADJOURNMENT
Motion bv Commissioner Mosher. seconded bv Commissioner Lan� to adiourn the
Meetin� at 6:55 p.m. All in favor. Motion carried unanimouslv.
Transcribed by:
Dallas Larson, Administrator
Page 2 of 2
1 lL�V 1 Vl j
Teresa Bender
From: mpangell [mpangell@centerviitemn.com]
Sent: Monday, March 29, 2010 3:31 PM
To: dlarson@centervillemn.com
Cc: Darin Mosher; Darrin Mosher; dlove@centervillemn.com; 'James Wekseth ; James Wekseth; Jesse
Lange; Jesse Lange; MARK PANGELL; Mark Pangell; Raland Parrucci; Rolan� Parru�ci; Teresa
Bender
Subject: Resignation from Planning and Zoning Commission
Dallas,
Effective immediately, I am resigning from the Pla�ning and Zoning Commission. I
have determined that I would like to dedicate the time I am spending on P&Z activities to other
aspects of my personal life. This will create an opportunity for another citizen of our fine city to
get involved. It has been a pleasure serving on the commission for the past 5 years. I think P&
Z has accomplished a great deal over that period of time. I am proud of the work we did to
improve the code of ordinances, ensure building and development met strict standards, and
updating the comprehensive plan.
I will drop off my city code book later in the week.
Thank you,
Mark Pangell
ai� i�n� n