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HomeMy WebLinkAbout2001-08-07 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMITTEE AUGUST 7, 2001 Pursuant to due call and notice thereof, the Planning and Zoning Committee held their regularly scheduled meeting on August 7, 2001, at 6:30 p.m. PRESENT: Chair Person Brian Hanson Commissioner David Kilian Commissioner Ray DeVine Commissioner Barry Brainard Commissioner Tom Wilharber ABSENT: Commissioner John McLean Commissioner Rob Sheppard COUNCIL: Liaison, Linda Broussard Vickers STAFF: Acting City Administrator/Building Official Paul Palzer I. CALL TO ORDER 1. Roll Call The Chair called the meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) None. III. APPEARANCES None. In recognition of audience members present, Chairperson Hanson stated the Committee would first consider New Business. V. NEW BUSINESS 1. Concept Plan, 1475 Mound Trail, (Glenn Rehbein Companies) Bart Rehbein, applicant, offered to answer questions. Commissioner Wilharber questioned whether Lot 1 would have access. Mr. Rehbein presented a slightly revised drawing showing an easement on the corner of the property. Page 1 of 6 Ms. Pam Corr, 1405 Mound Trail, stated that they had been told that they had an easement and assumed it covered the entire driveway. Mr. Rehbein explained the majority of the easement is located on the lot to the west but they do not yet have an easement from the Liebels. Commissioner Wilharber inquired regarding the front footages of Lot 5 and 6 on Mound Trail. Mr. Rehbein stated Lot 5 is about 74 feet and Lot 6 is about 104 feet wide. Commissioner Wilharber asked if Lots 7, 8, and 9 abut a cul-de-sac. Mr. Rehbein stated they have not yet met with the County to address that access. He stated he thinks it could be a private eyebrow configuration, depending on how the City and County viewed it. Commissioner Wilharber stated the County may favor that arrangement over three separate entrances. Mr. Rehbein concurred and noted there is currently one access for the existing house. Chairperson Hanson asked the square footage of Lot 1. Mr. Rehbein stated that Lot 1 averages 100 feet wide and 140 feet deep with access to the lake. He estimated it would be about 16,000 square feet and believed it was zoned R-1 but was not sure. Commissioner Brainard noted the zoning is actually R-2. Commissioner Wilharber stated that sewer services the lots in question. Mr. Rehbein stated they have agreed to run a sewer service stub on the lot line along Lot 6 and to Lake Side Auto. Mr. Palzer advised that the R-2 minimum is 15,000 square feet. He noted Lots 5 and 6 do not meet the 100-foot width requirement after the 35-foot frontage so the houses would be against the lake. In addition, Public Works would oppose an eyebrow configuration due to the difficulty in plowing and safety issues with having to back onto a County roadway. However, if it were a private road, they would not object. In response to Commissioner Wilharber, Mr. Rehbein advised of their work to investigate the Indian burial mounds and advised they have excavated in all the mounds with the exception of one on Lot 1 plus the big mound on Liebel’s property and there were no signs of any burial remains. Mr. Rehbein advised there are no setback minimums from the mounds and they have been told they can build within 20 to 25 feet of the mound. Commissioner Kilian asked what would happen should remains be found. Mr. Rehbein stated he has not yet encountered that situation and would have to further research the procedure. Commissioner Brainard asked how this complies with the Comprehensive Plan and future land uses. Mr. Palzer stated it is zoned R-2, Single-family, Residential. Page 2 of 7 Commissioner Brainard asked what the minimum lot requirements are for an R-2 zoned lot. Mr. Palzer presented a chart of minimum lot sizes. In response to Commissioner DeVine, Mr. Rehbein reviewed the types of houses they anticipate to construct and explained the lots may have to be raised several feet to create walkouts to the lake. He indicated that Lot 8 would be a rambler-style lot. Chairperson Hanson asked where the building pads will be located. Mr. Rehbein stated the building pad will meet the 75 foot setback from the Ordinary High Water Mark and estimated the houses will be 75 to 100 feet back from the lake. Council Liaison Broussard Vickers asked about the lot width. Mr. Palzer stated the building pads on Lots 5 and 6 would have to be pushed back since you need 100 feet at the house setback line and a minimum 35 foot front yard setback. Council Liaison Broussard Vickers stated a house should be able to be located 75 feet from the lake at a 100-foot width. Mr. Palzer stated that is correct. Council Liaison Broussard Vickers asked about Lots 8 and 9. Mr. Rehbein stated those are much wider lots so there would be no problem. He stated they would agree to meet the 100-foot width and setback requirements. Chairperson Hanson asked if an attempt will be made to locate houses so they do not block the view of the lake from each other. Mr. Rehbein stated Pam Corr is about 80 feet from the lake and the houses will be 80 to 100 feet from the lake. Commissioner Wilharber asked about water runoff. Mr. Rehbein stated they have talked with the Watershed District who indicated they did not see any need to provide ponding but a swale will be included in the grading work to assure no runoff towards the Liebel house. He explained they would not be doing much to change the existing grade. Commissioner Wilharber asked about the 10-foot easement between Lots 6 and 8. Mr. Rehbein explained it provides a sewer easement and allows lake access for Lot 8. Mr. Palzer stated the City already has the utility easement. Commissioner Brainard asked if the Shoreland District Ordinance applies to this property. Mr. Palzer stated the City has not yet adopted the Shoreland District Ordinance and suggested silt fence be required along the lakeshore and property to the west. Mr. Rehbein reviewed the process they will follow with the plat and advised they may start grading but no homes would be constructed until after May 1, 2002. Commissioner DeVine stated his recollection that this type of project is what the Comprehensive Plan is looking for. Mr. Rehbein agreed this project would fit into the neighborhood. Page 3 of 7 Pam Corr stated her concern with Lot 1 and asked who assures it is large enough to accommodate a house and still meet all setbacks. Mr. Palzer advised the house can be located within 25 feet of the side lot line. Commissioner Brainard explained the setbacks would be reviewed when the building permit application is submitted. Pam Corr asked who determines how the easement fits on this plat. Chairperson Hanson suggested she check into it herself to assure she understands it. Council Liaison Broussard Vickers stated it would be included in the preliminary plat if on the applicant’s property. Commissioner Brainard noted a subdivision would be required which involves a public hearing and notification to all property owners within 500 feet. Motion by Commissioner DeVine, seconded by Commissioner Wilharber, to approve the Concept Plan, 1475 Mound Trail, Glenn Rehbein Companies, as submitted. Commissioner Kilian asked Mr. Rehbein to work with staff to address their concerns related to the turn around design and ownership. Mr. Rehbein assured the Committee that he would do so. All in favor. Motion carried. Variance Request for Dog Kennel - Stan Hasiak Stan Hasiak stated he submitted a variance application and payment and assumed it would be considered by the Committee at the meeting tonight. He noted it is not on the meeting agenda. Council Liaison Broussard Vickers explained that a variance consideration requires a notice of public hearing to be published so this variance request will need to be considered at the next meeting. Chairperson Hanson apologized for this miscommunication. Council Liaison Broussard Vickers suggested Mr. Hasiak call staff so a solution can be determined. IV. OLD BUSINESS Chairperson Hanson noted the letter dated July 19, 2001, from Gor-em, LLC requesting withdrawal of their application for preliminary plat of Eagle Pass Second Addition. Page 4 of 7 1. Accessory Structures (M-1 District) Discussion ensued regarding the memorandum dated August 3, 2001 from Clerk/Treasurer Bender advising of her research in regard to the current M-1 District. Commissioner Kilian noted the lots are very small in size and reviewed the estimated house sizes. Mr. Palzer raised the issue of green space and lot coverage and noted that some revisions may be needed so mixed uses (commercial and residential) can co-exist. Commissioner Kilian stated at the workshop they were looking at somewhere between 20 percent and 40 percent of the back yard. Commissioner Brainard stated his version of Ordinance #4 does not state accessory structure review is required. Commissioner Kilian stated that the most current version of Ordinance #4 does require Planning and Zoning Committee review of accessory structures. Council Liaison Broussard Vickers suggested the Committee consider a number that should be included in the Ordinance. Commissioner Kilian noted that a zero setback and five feet between buildings can already be allowed in certain circumstances. Mr. Palzer suggested consideration of a square footage number and recommended less than 20 percent green space being required. Discussion ensued regarding different percentage scenarios. Commissioner DeVine suggested consideration of the zoning districts as well since the lot sizes vary. Council Liaison Broussard Vickers explained that if the restriction is set too small, the business is not able to rebuild should it sustain a loss. It was agreed that differentiation needs to be made between green space and lot coverage. Mr. Palzer stated that the City could make an exemption for garages and have a different set of regulations for garages. He noted that if the garage is attached, it could cover the lot since that is currently not restricted. Chairperson Hanson noted that the green space requirement would restrict lot coverage and control size of structure. Mr. Palzer noted another consideration is the drainage. Council Liaison Broussard Vickers suggested that be addressed during the preliminary plat process. Commissioner Kilian restated that Ordinance 4 requires review of all accessory Page 5 of 7 structures. Council Liaison Broussard Vickers stated she does not recall Council action on such an ordinance revision. She suggested commercial use property meet the green space requirements as in the commercial and industrial districts and the residential uses within a mixed-use district meet a specified percentage coverage. Commissioner Kilian recommended a 2 percent minimum, or 200 square feet, and double if the property does not have an attached garage. Council Liaison Broussard Vickers noted the benefit of allowing accessory storage in the downtown district to eliminate outdoor storage. However if allowed, the property value and taxable value changes. Commissioner Kilian reviewed the areas of downtown that are currently commercial or may be developed as commercial in the future. Commissioner Wilharber stated he believes that 600 to 680 square feet is workable provided it does not exceed the size of the main structure. Staff was directed to advise the Committee of other Ordinance sections that need to be addressed. Mr. Palzer noted the Committee may want to allow a conditional use permit application for larger square footages. Commissioner Brainard suggested staff contact other cities with mixed-use districts to determine their requirements. Council Liaison Broussard Vickers stated her preference to require commercial uses to meet commercial requirements and residential uses to meet residential requirements. Commissioner Kilian read a section of Ordinance #4 dated May 1, 2000, Section M-1, addressing mixed-use districts and considerations to be made. Mr. Palzer advised that when ordinance sections contain conflicting information, the most restrictive applies. Council Liaison Broussard Vickers suggested adding “except M-1” and special requirements. Motion by Commissioner DeVine, seconded by Commissioner Wilharber, to recommend the City Council amend the Ordinance 4 to require Commercial uses (as defined in the Ordinance 4) in the M-1 District to follow the current commercial guidelines for percentage of green space. For other properties, the maximum accessory structure allowed is 704 square feet not to exceed the size of the principal structure if they do not have an attached garage. If the property has an attached garage, the maximum accessory structure will be two (2) percent of the lot size or a minimum of 200 square feet. Council Liaison Broussard Vickers suggested addressing the definition for “commercial” which requires a public hearing. Page 6 of 7 Commissioner Brainard recommend staff work with City Attorney to draft a definition of "commercial." Ayes – 3 Nays – 1 (Brainard) Abstain – 1 (Kilian). Motion carried. V. NEW BUSINESS - (continued) 1. Concept Plan, 1475 Mound Trail, (Glenn Rehbein Companies) This item was addressed earlier in the meeting. 2. Zoning Permit Application 3. Conditional Use Permit 4. Special Event Permit Motion by Commissioner DeVine, seconded by Commissioner Kilian, to table consideration of the Zoning Permit Application, Conditional Use Permit, and Special Event Permit. All in favor. Motion carried. VI. DISCUSSION ITEMS None. VII. CONSIDERATION OF MINUTES 1. July 3, 2001 Meeting Minutes Commissioner Wilharber requested a revision to Section 2 to indicate the public hearing was closed at approximately 7:50 p.m. Motion by Commissioner DeVine, seconded by Commissioner Wilharber, to approve the July 3, 2001 Meeting Minutes as amended. All in favor. Motion carried. VIII. ADJOURNMENT Motion by Commissioner Brainard, seconded by Commissioner DeVine, to adjourn the August 7, 2001 Planning Committee Meeting at 8:21 p.m. All in favor. Motion carried unanimously. Transcribed by: Carla Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 7 of 7