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HomeMy WebLinkAboutP&Z MINUTES NOVEMBER 13, 1996~~ • DATE: (112396) Attending: Chairman: Members: Council member: City Clerk: Attorney: Assistant Engineer: Planning & Zoning 11/13/96 7:00 P.M. John Millar Richard Smith Jim Long Mike Thueson Roger Muir Ted Whyte Mary Ann Mounts Davawn Beattie Marsha Bjornn- Leaving at 7:45 P.M. Rose Bagley Stephen Zollinger Val Christensen John Millar welcomed the scouts. A motion was made by Davawn Beattie and seconded by Ted Whyte to approve the minutes of October 23. All Aye John Millar told the board we have two public hearings tonight and both • of them have gone before the City Council before they came to Planning & Zoning. The council approved both of them contingent upon the approval of Planning & Zoning. RE: ANNEXATION OF SEARS PROPERTY APPROVED BY P & Z TOPIC: (400,151,,,ANNEXATIONS,SEARS,SILVERTREE BUILDERS) 7:15 P.M. A Public Hearing pertaining to the annexation of the City of property North of the Grease Monkey. Brett Hastings was at the meeting representing the property for the retail store. The owners of the property request that if annexed to the city the property be zoned Highway Business District (HBD). At the hearing before the council some of the Walker sisters came in and said they warted that whole piece annexed. Stephen stated that they are going to wait and see if some other annexation takes place out there so they don't have to pay the whole $250. Brett Hastings, representing Silvertree Builders, has requested this piece of property be annexed to develope it for a Retail Store. They are requesting annexation so they can take advantage of hooking onto the city services. He felt it would fit in very nicely. The store will be approximately 8000 square feet with 6000 square feet of retail store and 2000 square feet for storage, restroom and office. They will also have a truck dock in the back for semi trucks. John reminded the board we had reviewed the site plan last week. There were no comments from the audience. ~°~" Jim asked if we were creating any potential problems as a Planning & Zoning and City Council by doing this piece meal? John stated that the property owners of the other property have in the past stated that they didn't want to annex until they sell the property,_but at the last council meeting they stated they would be interested in annexing. The council have taken a stand that they don't want to force annexation. It would be better to annex the whole front. We can have an annexation agreement and development agreement. Richard stated he would not have a problem developing piece meal because it would give us a chance to review and make changes with an annexation agreement to compensate for any traffic flow. Brett told them they had added additional parking spaces on the side of the building to make up the required amount of 16 parking spaces. They have changed the parking so it is much bigger and more accessible. They took care of the 10~ landscaping. A motion was made by Mike Thueson to approve the annexation of this property, seconded by Richard Smith. All Aye RE: REQUEST FOR A VARIANCE FOR GREASE MONKEY SIGN TOPIC: (400,152,,,GREASE MONKEY,SIGNS,YOUNG SIGN COMPANY,VARIANCES) Gerald Steadman, representing Young Sign Company, was at the meeting to ask for a variance for a sign at the Grease Monkey. Val Christenson explained that the property is 140 feet wide and .the sign ordinance • states "it may not be closer to a property line of an abutting lot than. distance equal to 20~ of width or length of lot". It can't be closer than 28 feet of the property line. It has already been placed at 20 feet from the property line, so it is 8 feet out closer than it is supposed to be. They would need a variance. They redirected where they put the entrance. Where the old entrance was the sign would be fine but by moving the entrance and sign together it pushed it out 8 feet too far. It was built that way before the city was notified. They could get the sign where it should be from the property line but they would be right next to the entrance and they would have a concern about trucks hitting it when they come in. The other problem is if they move it on the other side of the entrance, a telephone pole right in front of the sign would block it so there is really no good method now. (discussion on entrance) Jerry Steadman- He said they just made a mistake and measured from the curb instead of the property line and the sign is 28 feet from Walmart curb. If they went the extra 8 feet there is a question in the winter time when we get snow and have trucks or R.V's that are high coming in they could clip the sign. They feel like where it is located is not a problem. He has never had a problem like this in any city he has dealt with having the setbacks from the side of the property line. The setback concern is usually with the front of the property line. There is a 40 foot Walmart access there and there is another 12 to 14 foot before the K.F.C. sign. There is a lot of space between it and where there is a business. Jerry had brought it to the attention of Joe. It would be their preference to leave it where it is because it balances ,` ~ out better where it is than if we move it closer to the north. The committee felt it did look good. A motion was made by Ted Whyte and seconded by Richard Smith that we take it to Public Hearing. All Aye. RE: REZONING ON 2ND WEST PUBLIC HEARING TOPIC: (400,153,,,REZONING,2ND WEST,STAN COLBORN,HAIR AFFAIR, PUBLIC HEARINGS) 7:30 P. M. Public Hearing regarding the proposed rezoning to provide that the property at 248 South 2nd West which is presently zoned H.D.R. to be changed to H.B.D. (discussion) There was no comment from anyone attending the meeting. A motion was made by Richard Smith and seconded by Davawn Beattie to allow the property to be rezoned to H.B.D. All Aye RE: MICKELSEN PLAT DISCUSSED TOPIC: (400,153,,,MICKELSEN PLAT,EASEMENTS,SEWER,HOMESTEAD DEVELOPERS) Mickelsen Plat- John Millar explained when the area between Maple and Linden was subdivided, the whole block was put into one lot and then in 1976 the area was replated and it was broken into smaller lots, but for some reason the plat was never recorded. Ted Whyte declared a conflict of interest. Aii of the lots have been sold by meets and bounds not by • lot and block. There is a developer looking at the property now where there are eight lots still available. He would like to make. it into nine lots and asked the council what it would take and they told him he needs to replat that portion. He had Forsgren do a layout to see if he could conform to subdivision requirements. The minimum lot size is 8000 square feet. Ted Whyte explained there are restrictive covenants on the Powell Subdivision which includes all the other ground around this. Powell originally platted this and then went broke at some point and Mickelsen bought the remaining interior. Most of the lots have been sold in meets and bounds and have been given permits and city utilities. Homestead Construction have made an offer to buy lots 2 through 9. Ted explained that it proposes some more problems. One is there are recorded easements down through the middle of that block. What brought it to a head is lot number eight was built on last summer. This lot has a manhole on it and after the people moved into the house they found out that the city sewer truck has to come in once a month and flush the sewer line out. After talking to the city, it has been a maintenance problem for quite a while. They have been coming back through the vacant lots. After they looked at it to put homes on it, the city is concerned as to how they are going to flush the line. The sewer line is not in great shape. Joe told them the line could be sleeved. John Millar said to sleeve the line it would cost about four times as much as to replace the line. That is what brought it to a head and we found it was not a recorded plat. (discussion) Chuck Mickelsen • told them they were selling the property with the eight lots to Homestead Construction and their agreement with them is that they would pay for the platting. of the undeveloped lots into nine lots. He was told he would have to plat the developed lots but in checking he finds i he does not have. to do that, if he did he would have to get every home owner on it to come up with the money to plat the homes that have already been. sold. Discussion on the sewer. John Millar told him the issue of the sewer is for the City`Council to decide, it is not an issue for Planning & Zoning. Stephen stated that the easement is an issue for the Planning & Zoning and an East-West easement for the sewer is the most logical approach for that. (discussion on the easement) Chuck felt it was the city's responsibility to fix the line. It has been bad for twenty years. Stephen stated without some easement on the plat we can't approve it. (discussion on the sewer line and required access to it) Richard suggested that we get public input before we approve a plat. Stephen told him they need to come in and meet with Joe and Stephen. John Millar told him to come back to Planning & Zoning with the preliminary plat. RE: DAVID WOOD PROPERTY ON 1ST EAST TOPIC: (400,154,,,WOOD*DAVID,IST EAST,PARKING LOTS,FENCES) David Wood- He has a lot next to the Standard Journal. It is paved and was rented for parking spots. In about 1982 the city built parking lots and put them out of business basically. He would like to do something with it. He would like to use it to rent spots for a parking lot for R.V. Trailers and boats and fence and a gate. After discussing • it and looking in the Zoning Ordinance, the board could not find a category for that but it was not in C.B.D. He discussed his fence. When he built the fence it was in compliance. He has a dog that insisted upon jumping the fence. The neighbors complained about the dog. He tried to decide what to do so he put some wire on top of the fence to keep the dog in, which now makes it out of compliance. Discussion an alternatives. A motion was made by Richard to table it to give the board time to review the issue of the parking lot and also the problem with the fence. Seconded by Davawn. All Aye Discussion on the sidewalk and replacement of it. He was told it was not a zoning issue. John Millar discussed the Public Meeting to be held Saturday at the library. Planning & Zoning Members were to attend. Meeting Adjourned. •