Loading...
HomeMy WebLinkAboutP&Z MINUTES JULY 17, 19914'~ Planning & Zoning Public Hearing 07/17/91 Members Present: Chairman: John Millar Members: Jim Long Scott Mortensen Mary Ann Mounts Chuck Frost Chris Mix Dan Hess Excused: Dave Pincock Councilmember: Glen Pond City Clerk: Rose Bagley Attorney: J. D. Hancock Planner: Ranae Magee Also Present: Mayor Nile Boyle, Councilmembers: Farrell Young, Darlene Petersen, and Nyle Fullmer. 7:00 P. M. Public Hearing held pertaining to the adoption of an ordinance repealing Ordinance 478 and 685, and enacting a new zoning ordinance. John Millar told the public that this is only a public hearing and will not be adopted until after this public hearing and a public hearing before the city council. He told them he would turn some time over to Ranae Magee, who is our consultant, who will present the proposed ordinance and zoning map. After that we will take public comment. We will not be making any charges tonight on the ordinance. We are strictly seeking public input on areas we might need to change or areas where we have over looked or corrections that might possibly need to be made. We will take the comments that are made and review the comments and will change the map or ordinance before it is presented to the city council. When you address the group, we would ask that you come up to the podium and speak into the mike. We ask that you keep the comments pertinent to the zoning ordinance. Ranae Magee gave a history of the process. The old ordinance is 30 years old and since then state statues have been redone. Last June she walked around the streets and wrote down the land use. Zoning helps plan for future growth and protects property. The largest use is single family dwellings and most of it is not zoned for single family. Almost 400 acres of the city is zoned commercial, but the acreage used for commercial is about 150 acres. We developed two single family residential zones. She explained the zones. Chuck Frost stated that we need to address the grandfather clause for land use. Ranae said any use that is presently in existence can remain in existence as long as that use is continued. If you have a business and you are in a zone that will be zoned residential, that business can • remain in existence as long as the business is running. You can sell that business to another person and it is still grandfathered. The P f only time it is not grandfathered is if you abandon that business for one year. Cliff Jaussi- Ask what if they decide to increase the business. Ranae said the only issue is if you expand your land use and if you increase parking more than 15~ and have to provide more parking. Cliff also ask if they increased the noise and/or smell. Jim Long ask Ranae to explain the difference between a commercial use and ar. industrial use. Ranae explained the difference. Chuck Frost stated that problem we have to be careful, is people who have existing land use are protected in continuing that use as long as it stays as part of that use. Even if the zone changes with the new ordinance, they can continue in that business or residential use; but if they abandon that use for one year, they couldn't go back and put the same thing in there. Ranae explained the conditional use permit. Example- if someone wants to build a 24 unit apartment, they would have to develope a site plan of how they are going to put it on the ground and the parking and take it before the planning commission and the city council. When she was walking the streets, she noticed some safety problems especially in multi family dwellings. How does the fire equipment get to the back of some of the buildings. In giving a conditional use permit, you try to get those issues out front to immediately before the building commences. • Cliff ask don't we have a city inspector that is suppose to see that everything is in order before they start construction. Ranae told him we have a plan checker, and he checks the plans to see that everything is it is structurally sound. He doesn't look at it in terms of the site plan, fire access or parking. She said we don't have the full staff to check the site plan so the planning board can check these. Victoria Crouch - One issue is the zoning ordinance will eliminate the notification and petition to notify everyone within 300 feet. It is important that neighbors know what the neighborhood felt. When they put their business in they wanted the neighbors to know what they were doing. She felt that was really important. John Millar told her they would take it into consideration. Joe Romney - Ask if the ordinance is allowing for input from adjacent property owners. Ranae told him by state law to change the zone, everyone within 300 feet have to be notified and come to the public hearing and voice your opinion. The right to be notified of a hearing is a state statutory. Victoria Crouch ask if they are going to change a residential into student housing, if it would fall under that state statutory. Ranae explained it. She said when you send a petition around, you are leaving it up to those property owners for 80~ or at a public hearing everyone can be heard even the developer have a say. Mary Ann explained when they were putting in the doctor's office if there was a group of neighbors that didn't care for you personally, and they wouldn't sign the petition and it comes down to a personal thing or even a racial thing. Cliff Jaussi - There is a lot of blocks with alleys. He was concerned with students living in the houses driving in the alleys. John Millar said we need to make note that if developers are planning to use alleys as access roads they need to limit it. Cynthia Aiman - She lives on 5th South which has been zoned residential. Now it is zoned MDR. She ask why the change. Mary Ann said the map extended back further than they intended. She was concerned if mobile homes would be allowed. John told her mobile homes were restricted to mobile home parks. In the neighborhood meetings people did not want multi family across the street from single family, they wanted them back to back. A discussion on the area and where the break would be. Ms Aiman said she did not want dorms across from her. Max Cramer - He felt we should continue notifying owners within 300 feet along with the newspaper. David Stultz - Ricks Wade Addition. He understood that there is a proposed park in the area. He was concerned as to the parking for the park at the end of Marianne. John told him the city will have to follow the same requirements as a private development, and have to get a special use permit and would have to come before the Planning & Zoning and the neighbors would be notified. Joe Romney - Concerned about the situation on the hospital lot and possible expansion. John said it is zoned residential R1. It would stay that way under the proposed zoning and any change would have to be by special use permit or a zone change. Joe ask if the hospital wanted to turn the field in back into a parking lot would we go though a hearing procedure and the neighbors would be notified. John told him that was correct. If they expand the property or enlarge they would have to go to a special use permit and the whole process. Jim Long ask what the definition is of expansion - are you talking within a given area that they have now or going beyond that. Ranae said if you expand the building or expand the land you will need a special use permit or 15~ of parking. Joe ask what if they expand a parking lot 15~ at a time, how will it be enforced. John said we need to possible state that a little clearer. Mary Ann said it would only include what we are using now when we adopt the ordinance. It only grandfathers things when we adopt the ordinance. Chris ask what if the hospital wanted to go up a second floor, which would expand without expanding square footage of. Ranae said it is expansion because you are doubling your ability to have beds and patient load and staff. Fred Calder - Steiner Ave - Referring to 2nd South and 4th West. There is a little slice by the railroad track. It is industrial use. John said we would make that change. Victoria Crouch - Ask on the MDR - I live up by it, it is going in as residential now. If it has the potential to go in as MDR will decrease the value of the property- 5th South and 4th East- she said she did not have a problem with LDR1 but did have a problem with MDR. John said they would take it into consideration. Alan Miller -5 So 3rd East - Ask where the grandfather clause is stated and wanted it clarified. (Apparently it had been left out of the revised ordinance). We will clarify that. Ross Reese- Concerns Lot 3 on the corner of 1st North and 4th West, in the north east corner of block 26, he hoped that the board gave a lot of thought as to what happens in a city if you were to put all of the multi-housing congested in one area. A concern on that piece of property- what is the criteria of obtaining a conditional use permit. It is on the application permit. If everything is based on a conditional use permit then it creates a step that there has to be a final plan before anyone would dare to buy property to speculate on. As the owner of the property he referred to on 1st North and 3rd West, down zoning creates a lot of risk for the city. It is called eminent domain and that is taking without just compensation. If you down zone a piece of property, he bought this property along with two other four plex with the idea in mind of expanding under R3 zoning which it was under when he bought it. He said he has an assessed value on it based on the R3 zoning. The new map shows it as LDR1 and only single family at one story. This is a serious down zoning. If he goes to sell the four plex that are there a non conditioning use will have a effect the value, banks won't loan money on it. If you change the zoning it would change the value from $38,000 to $10,000. He ask it to be zoned HDR. Ross said it would be a legal issue. John said we had checked the law and found that not so. Jim Long said what I hear is once a law is written it can't be changed. Ross said he was talking real estate law and zoning. Chuck said we have struggled with that. Ranae -Quoted .the law - "A landlord has no vest rights in the existing zoning, even if a high price was paid to acquire the land. All property is subject to a municipality exercising its police power. If you have a building permit then you have a vested right, but if you have land and no building permit at this point, but only a building classification you have no vested right in that zoning. John said we will have to look long and hard at that property and give it some consideration. Shane Berger- If a business purchases property under a special use permit, is there a time frame to improve property. He was told no. Beth Reese - Could you define a family. Would a student apartment be a family.. She was interested in a two family dwelling. "A family is any number of individuals living in a premise and cooking together as a single household unit." A student apartment would be considered a ~~ family dwelling. Beth ask how many students would be a family, she thought we should define how many. Mary Ann said the parking would limit it. John said we would take another look at it. Beth ask about the agreement for parking between two apartments drawn up by an attorney. She suggested that it must be recorded. Alan Miller - on page 34 it talks about recreation vehicles. Ask if it means 30 foot motor homes that are parked on concrete pads would not be allowed under this ordinance. He also ask about where it says you can't park a car or motorcycle on the lawn and wondered about parking them on the lawn to wash them. John said it means in a corner for traffic site safety. Chuck told him it says you can't park a Rv in a front yard or a side yard for more than 7 days. Mary Ann said they had talked about being able to leave them there for not more than three hours to allow them to wash them, they will have to put that in. Breck Barton - He was at the meeting on behalf of some clients. He ask about the grandfather clause (chapter missing). He said he saw some potential problems of down zoning. Even though you say you have police power to down zone property, but that power could be used arbitrarily. He wondered if consideration had been given to a clause saying this is the final draft but you will have six months or a year to develop under the old ordinance. John said they had discussed it. Breck said in the context of multi family housing the builder would be prohibited from building any development or complex that contained more than a six plex unit in a HDR zone without getting a conditional use permit. He was told they would have to bring in the plans and have them reviewed before it could be done. Breck stated that the city is limiting any builder to build anything greater thar, a six glex unit unless he jumps through the hoops of a conditional use permit. Chuck explained that anything larger than a six plex has to have a review by city authorities. Breck thought it should be stated that if you want anything bigger than a six Alex the plans have to be reviewed and approved. If a builder has to jump thought the hoops of a conditional use you will depreciate the value of the property, curtail development, you will make the cost of the development increase. He agreed that there needs to be some input from the city, but if you are limiting it to a certain size to a six Alex. As a matter of right he wondered if that was the intent. He had a concern about the conditional use permit - we have to notify everyone within 300 feet- it would limit it. John said he felt we have more in the ordinance than we wanted and maybe we need something between right of use and conditional use that says if you are going to put it there we have to have plan check, site plan delineate what we want and not bring it in as a conditional use in essence a public debate. He had a question on the standards - what is a neighborhood, you need to define that. Create a nuisance - what does that meet. These things need to be explained better. He felt if the ordinance is adopted as it is it would curtail building. He questioned defining of the zones, dormitories and multi housing. He • proposed that P & Z publish in some form a requirement so a builder would know before what he could and could not do. He proposed that the l1 city not restrict the building of multi family without jumping through the hoops of a conditional use. Ross Reese - He echo some of the concerns of Breck regarding to non conforming uses. He suggested that the city take a hard look at the division and separation of the planning & zoning and come up with a building ordinance. Dean Birch - A question on page 21 on HDR and the side yard. He felt that side yard is excessive. John said we would look at it. Mayor Boyle - Today we had a person come in, under the new ordinance he would not be able to build a house because of the side yard requirement. We need to look at it. Nancy White - LDR1 - the density makes the lots too small. Meeting adjourned. •