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HomeMy WebLinkAboutP&Z MINUTES MARCH 25, 1992~^ -~ DATE: (032592) • Planning & Zoning 3/25/92 7:30 P. M. Members Present: Chairman: John Millar Members: Jim Long Mary Ann Mounts Dave Pincock Da Vawn Beattie Farrell Young Scott Mortensen Jeff Walters Excused: Marsha Bjornn City Clerk: Rose Bagley Attorney: J. D. Hancock Councilman: Jim Flamm Building Inspector: Terry Leishman A motion was made by Dave Pincock and seconded by Jim Long to approve the minutes of 2/26/92. All Aye A motion was made by Scott Mortensen and seconded by Mary Ann Mounts to approve the minutes of 3/17/93. All Aye RE: WALKER PROPERTY SUB DIVISION PRELIMINARY PLAT . TOPIC: (200,53,,,WALKER PROPERTY,WALKER SUBDIVISION, PRELIMINARY PLATS) The first item on the agenda was the Walker property Sub Division Preliminary plat. John Millar excused himself because of a conflict, he is financially involved in this issue and cannot participate. He asked Mary Ann Mounts to chair this issue. Ray Walker presented the plat. Jim Long asked what had happened since the last meeting. Ray said he was not aware of the requirement that if land is subdivided into three or more parcels for transfer of ownership the land will have to be subdivided. He understood the state law which required more than five lots be subdivided. Val Grover wanted to build a gallery and they did not know there would be a problem, until he was contacted that there was a problem. Amdohl said they would not buy the property unless they had the jog in the road because they wanted it for a sign. Val Grover wants to put his gallery out there. He has the approval of the bank and he needs an acre of ground. Ray had a meeting with the mayor, Jim Flamm and John Millar who told them they had to have a plat drawn up. They need the plat approved so they can start on Val's next week. On the south side there is one and one half acre, Another company wants to buy land for a business for office buildings. It is zoned Industrial. The lots are divided but a business might buy more than a lot. A discussion on how it fits into the master plan. Ray said they have left • 25 feet along the river. John Millar pointed out the long cul-de-sac and eventually there will need to be another access. John told them it • will require a water line extended back to 2nd North to tie in. Jim r Long asked about the fire line. John told them the line ties back into a 10" line on 2nd North. It will have to be done to get adequate fire protection. John said due to timing on this it has not been reviewed by the city departments. Approval tonight would have to be contingent upon their approval. Ray said their priority is getting things so Val can get his building ordered. Farrell Davidson stated that he did not like cul-de-sacs. Jim Long discussed what if the Millhollow road does get put in, where will the arterial road go? John said someday it will need to be addressed now the traffic comes out on the Barney Dairy road. Ray said the old road went through where ECIPDA's building is. Dean and Lois Grover had a cafe there and the road should have gone right through their cafe. They had met with the city about it. There was a question if that road had ever been abandoned (3rd North). RE: MOTION MADE TO ACCEPT PRELIMINARY PLAT TOPIC: (200,54,,,WALKER PROPERTY,WALKER SUBDIVISION, PRELIMINARY PLATS,BARNEY DAIRY ROAD) A motion was made by Scott Mortensen that we accept the preliminary plat and when the final plat is drawn that a second access to the Barney Dairy Road be added and that it be contingent upon the other agencies approval after review. Seconded by Jim Long. Ray asked if Val could proceed with his building. John Millar stated that it has to go to a final plat. Val said that when he talked to the mayor, he told • him if he got the preliminary plat done he could start. Mary Ann said ~. she would not recommend that. The board stated that there has to be the final plat before he could get a building permit. RE: CITY WELL NORTH OF TOWN TOPIC: (200,54,,,WELLS,WALKER PROPERTY,WATER LINES) Farrell Davidson said the city is looking at a piece of property to drill a well. His suggestion is if the city would help put the water line into the subdivision, they would donate a piece of property for the well. Walkers would not have to develop the property, just the plot plan. It has to be officially filed through the county, the health department and the other agencies. Jim Flamm asked what would assure us that the road will go in the development. John said the road will have to be put in as it is developed. John Millar said one thing that might be done, is if the property does not change hands, but he starts building. That way technically the property has not been subdivided into one more piece, if it is feasible with the financing. Val could lease purchase and convert to a sale when the final plat is finished. Dave Pincock said he could lease the property from Walkers and the bank could take an assignment of lease. The board can't say you can buy the property and build there until the final plat is approved. Ray argued that the mayor had told him if the . preliminary plat was done there wasn't any problem. As any lot is sold the road and utilities have to be developed. The plat could be done in numerous phases, for example the first eight lots could be phase one. 5~ Those eight lots would need to be surveyed and platted, that is set by • state statue. Mary Ann asked for a vote on the motion. Those voting aye: Jeff Walters, Jim Long, Scott Mortensen, Da Vawn Beattie, abstaining: Dave Pincock. RE: BARNEY DAIRY ROAD FROM 2ND - 3RD EAST RENAMED "TECHNOLOGY WAY" TOPIC: {200,55,,,BARNEY DAIRY ROAD,TECHNOLOGY WAY,3RD EAST) Amdahl have requested that the street in front of their building be named "Technology Drive". The Walker's did not object to that name. The road in question is the one between Forsgren's and Cal Store. A motion was made by Mary Ann Mounts to change the name of the road from Barney Dairy Road from 2nd East to 3rd East to "Technology Way" seconded by Jim Long. All Aye. RE: MOTION PASSED FOR A GREEN BELT TOPIC: (200,55,,,GREEN BELT,BIKE PATHS) A motion was made by Jim Long that we dedicate a 25 foot easement between the river and the property line for a green belt, bike path and jogging path. Seconded by Dave Pincock. All Aye The Walkers agreed to that. RE: VAL GROVER'S PLAT PRESENTED • TOPIC: (200,55,,,PLATS,GROVER*VAL,SITE PLANS) Val Grover presented a plat for his business. It appears that it meets the requirements. As required by the ordinance there are no dimensions on the plan. The board really do not know how it sits. Before we can issue a building permit, we will have to have a scale dimension drawing as according to the ordinance. John made a recommendation on a motion that due to timing and some misunderstandings, that we approve in general the site plan, but it will have to be re-submitted and Terry will verify that it is in compliance with parking and set backs and so forth before any building is done. Scott Mortensen made the motion and seconded by Jeff Walters. Val was to review the ordinance and make sure each item is addressed. Those voting aye: Jeff Walters, Scott Mortensen, Mary Ann Mounts, Da Vawn Beattie, Jim Long, Abstaining Dave Pincock. RE: SITE PLANS FOR AMDAHL APPROVED TOPIC: (200,55,,,AMDAHL,SITE PLANS) Next on the agenda is the review of the site plan for Amdahl. A motion was made by Jim Long and seconded by Scott Mortensen to approve the site plans for Amdahl. All Aye. RE: RECOMMENDATION TO SET PUBLIC HEARING FOR ZONING OF VAL DIETRICH & MORRELL/RIGBY PROPERTIES TOPIC: (200,55,,,ZONING,RIGBY/MORRELL PROPERTY,DIETRICH*VAL) • ;: • Val Dietrich was at the meeting for discussion on the zoning of his property west of the Park Street Church. Val requested that his property not be zoned. He has three people looking at his property, one for storage sheds, one for a tree farm and a home, and one for a home and garden area. If he sells it he would like to table the zoning until he gets a buyer and bring it before the board for zoning. John Millar explained that it is in the city limits but is not zoned. Jim Long asked how we can have a piece of property in the city limits and not have it zoned. John Millar explained there was a mistake in the city limit boundary and it did not get picked up. It was annexed numerous years ago. Jim ask how if we know it is in the city can we ignore it and not zone it. John recommended that we could not leave it unzoned, but we could give a 30 day or a specified period time until we will zone it. J. D. Hancock stated that we would have to have a public hearing and it would take time to get that done. There are 4.2 acres. John Millar stated that the property is surrounded by non residential property. A motion was made by Mary Ann to recommend setting it for a public hearing for zoning. Seconded by Jim Long. All Aye. John Millar recommended that the hearing cost be at the city expense because it was an over site on their part. Val's property and Morrell & Rigby property all need to be included. RE: IMPACT ZONE TOPIC: (200,56,,,IMPACT ZONE) -~ The board asked about the Impact Zone. John said they had met and discussed it with the County Commission. They had agreed to keep it alive and keep moving on it. The mayor had told them if need be the city will initiate a friendly law suit to force the county into action on the Impact Zone. The committee will meet on Monday, April 13 at noon. RE: DISCUSSION OF A CONDITIONAL USE PERMIT FOR BRAD CARSON FOR A DUPLEX ON CORNELL AND 3RD SOUTH TOPIC: (200,56,,,C.U.P.,LARSON*BRAD,CORNELL,3RD SOUTH) Brad Larson was at the meeting to apply for a Conditional Use Permit to put a duplex on the corner of Cornell and 3rd South, it is zoned LDR1. Brad said when they purchased the property, his father purchased one half and he purchased one half. He requested a duplex on his lot and his dad requested a duplex on the other lot. There would be four apartments on two lots. Brad stated that there would be no difference in looks than any homes on Cornell. John stated that the plot plan circumvents the intent of our ordinance. It is not two separate developments, it is taking one lot and putting a four plex on it. The ordinance requires 8000 square feet plus 2000 for each additional dwelling for each owner. The lots are not big enough to divide into two separate lots. Only one duplex can go on the lot. John said another option is to go for a zone change. Mr Larson read from our ordinance 8.8 "Except as noted below, any • single lot or parcel of land which was of record in the Office of the Recorder of Madison County at the time of the effective date of this Ordinance but does not meet the requirements of the zoning district in F which it is located for minimum lot width and area may be utilized if • all other requirements of this Ordinance are met." He bought the property the first or second week in September and it was recorded. This would pre date the ordinance and would make a difference on the square footage requirement only. They will have to stand alone as two lots. A motion was made by Mary Ann Mounts to table it and give time to the board to study it. John Millar asked to add to the motion on page 67 is an application for conditional use permits and related information which needs to be brought to the next meeting. Brad asked what else he needed to do. We have determined as far as lot size, he did fall under the old ordinance and will fall under 8.8 or the new Zoning book. The minimum lot size does not apply. The only question on the site plan is do we have minimum separation, and Mr Larsen will have to meet side yard requirements. Jim Flamm said he struggled with it getting through with two separate lots with the parking requirements. There is a provision in the ordinance where off site parking can be arranged, but not across the street. John Millar asked for a second and a vote on the motion. Jim Long seconded the motion all present voted aye. John told him to fill out the application, and the board will look at it and see if we can get it to work. The board asked Rose to send copies of the Conditional Use • Permit and copies of the site plan to them prior to the meeting. We need to know dimensions on the lots and set backs and parking. RE: INQUIRY ABOUT REQUIREMENTS FOR AN LID ON 6TH SOUTH & 5TH WEST TOPIC: (200,57,,,L.I.D.'S,6TH SOUTH,5TH WEST} Linda Eames was at the meeting to inquire about the requirements for an LID on 6th South and 5th West. They had purchased some property from George Patterson and are putting two homes next to his on South 5th West. That leaves a strip of property behind the homes which would have frontage on 6th South it is 159 by 323. That street has not been paved and there is no curb and gutter. The people on that street are older people on fixed incomes. She said she would be happy to put in her half of the street down to the end of their property, but they didn't want to put a burden on the other people . John said the ordinance did not allow putting in half of a street. They could not get a building permit or financing without a road. John said they would have to put the road in to serve to the end of their property. They could go to the city council and request an LID. Any property that fronts on that street would pay and have to be involved in the LID. RE: DISCUSSION OF BLAIR MORGAN'S RENTAL AT 228 EAST 2ND SOUTH TOPIC: (200,57,,,MORGAN&BLAIR,RENTALS,2ND SOUTH,FAIR HOUSING) The other issue is Blair Morgan owns a house at 228 East 2nd South. It • is a tri plex and wants to sell it. He has had students in there for years and then rented it to a family. She had been to a Fair Housing ~`;`~ meeting. They can not ask how many are in the family. She was told ` ~ that in our ordinance a family is defined as "a group of five or more persons who are not within the second degree of kinship'. They asked her if he had student rentals in within the last year. We can regulate the parking. If there have been rentals in the house in the last year they would be allowed to continue renting, if they have not they would loose the grandfather clause. Linda said they had rented all the units to students within the last year. She was told that she would need to bring in a site plan with the parking so the building inspector could check it. If you have more than five cars you will have to screen it and have a buffer. RE: TRAILERS TOPIC: (200,58,,,TRAILERS) A discussion on some trailers that have had special permission to be left there and now are using them for a rental unit. A motion was made by Mary Ann Mounts and seconded by Dave Pincock that any trailers that were converted over to rentals comply with the law. All Aye RE: DUMPSTERS ON CITY PROPERTY TOPIC: (200,58,,,DUMPSTERS) The board discussed the dumpsters on city property. This needs to be controlled. `, ~ RE: DUPLEX ON 4TH EAST TOPIC: (200,58,,,RENTALS,4TH EAST,ZONING ORDINANCE) John Millar stated on 4th East across from the Stake Center just north of Bron Leishman in the house Jim Keller use to own. They have converted it to a duplex, which is against the zoning ordinance. They are parking on the lawn. Did they get a building permit. Rose will check it out. RE: TRAVEL TRAILERS IN BUSINESS DISTRICTS TOPIC: (200,58,,,TRAILERS,BUSINESS DISTRICT) A discussion on travel trailers being parked in the business district to operate a business. The only way we can control it is by an Itinerant Merchant License. RE: UNIFORM SIGN CODE TOPIC: (200,58,,,UNIFORM SIGN CODE,SIGNS) A discussion on the Uniform Sigh Code ordinance. Jim Flamm said he was reluctant to recommend it in the original form. (discussion on signs and sign boards) It was recommended that Rose would get some ordinances from other cities and Mary Ann Mounts would review them and report back. • RE: DISCUSSION ON ZONING CLARIFICATIONS TOPIC: (200,58,,,ZONING,ZONING ORDINANCE) ~; ~' It was recommended that we need to be careful to stay within the zoning ordinance. They also recommended that the mayor and council needs to keep the Planning Board informed of any decisions or plans that they make relative to Planning & Zoning. On future plans all waste container locations needs to be designated on the plan. The city needs to control the placement of those so they are not on city property. It was decided that we need a work meeting on Thursday the 9th at 7:00 P. M. It was recommended that the building inspector report to the board any violations of the ordinance that he is aware of. Dave Pincock wondered if during the summer when there is so much going on if we need to have a meeting twice a month. Meeting adjourned. •