Loading...
HomeMy WebLinkAbout1977-02-17 P&Z MINUTES PLANNING AND ZONING COMMISSION MINUTES February 17 , 1977 1 The meeting was called to order at 7 : 45 p .m. in the Council Chambers by Chairman Don Tolley . Present were LaMar Bollinger, Pete Olesen, Starr Farish, Chuck Banks , Bob Nicholes , Budd Kehne, Tom Ensle,y , John Pilote , Bud Grant and Mel Lewis . Tolley stated that he had received a letter of resignation from Dean Dishman, effective immediately, and asked that it be included in the minutes . He then opened the continuation of the public hearing for a special use permit requested by Mr. 0. T. Sanders to construct a 12-unit office building on Lots 2 and 3 of Sander ' s Addition behind the existing Health and Welfare building at S . Kimball just north of Poplar . In accordance with the direction of the Commission at their last meeting, letters were sent to all property owners within a 300-foot radius notifying them of the public hearing. Chairman Tolley read a letter from Mrs . Dean Dishman of the FISH Steering Committee , addressed to Mr. Larry Isom, which explained the trans- portation problems facing volunteers who drive food stamp recipients to the H and W building to sign up and then across town to the Court- house to receive them. Mrs . Dishman asked that the Commission take this into account when considering the new office building at the S . Kimball location . Comments from the audience for or against the proposed structure were requested . There was some discussion /', about an LID to improve Kimball and the City Engineer recommended that parking be restricted in the street at the curb in front of the H and W building for safety reasons , preferably on both sides of the street . Since there were no objections from persons present , the hearing was declared closed with action to be taken later in the meeting. Next the continuation of the public hearing on the rezoning from residential to commercial of the southwest corner of Linden and Georgia was opened. As directed by the Planning and Zoning Commis- sion, letters had again been sent to all owners within 300 feet of the proposed rezoning notifying them of the hearing. This parcel of land is 631 . 51 feet fronting on Linden by 240 feet on Georgia. Dick Winder presented the latest plans for development of the tract and said the 95-foot strip down to Locust had been eliminated from the rezoning request . A grassy area is planned along the ditch to serve as a buffer zone between the new developments and existing properties to the west . Retail establishments are intended for the corner. After Mr. Winder' s discussion, Gene Bevan spoke in opposition to the rezoning . No other specific protests were presented and the hearing was closed , with action deferred until later in the meeting. The public hearing for the zoning recommendation preceding annexa- tion of Starlight Park, Unit 2 , was held. This subdivision is a triangle of land located south of Spruce Street , northeast of the Lowline Canal and just west of Starlight Park, a subdivision recently 77-2-1 annexed into the City . Bob Nicholes moved that Starlight Park, Unit 2 , be taken into the City as "A" Residential. The motion was seconded by LaMar Bollinger and, upon vote, carried . -1- -2- Mel Lewis explained to the Commission that Mr. Leonard Schmidt is requesting a variance to build a small house behind an existing residence on the southeast corner of College and Cherry . Mr . Schmidt ' s ,-N address is 2903 College Avenue . The lot contains 8, 552 square feet with 56 . 08 feet of frontage and a depth of 152 . 5 feet . According to the ordinance, 8 , 000 square feet are necessary for a corner lot with 75 feet of frontage . It was suggested that Mr. Schmidt bring in a plot plan showing the proposed arrangement of the two houses and that the members look at the property before making a decision. A 77-2-2 motion to table action on the variance until the next meeting was made by John Pilote and seconded by Starr Farish. Motion carried . Regarding a variance request by Jim Schelhorn for a 16-foot rather than 20-foot setback at 2203 Cari Circle , the City Engineer pointed out that first it would have to be ruled that the P & Z Commission had the legal authority to grant the variance . The City Attorney, Ken Roberts , was present and stated his interpretation was that this body does have the authority to act on and grant the request . Next Mr. Lewis read the petition for the variance and Mr . Gary Radke , attorney representing Mr. Schelhorn, read his client ' s statement and request to be able to complete the residence . A cor- ner of the house , being built on a cul-de-sac , extends 4 feet into the 20-foot setback area required by ordinance . Mr. Radke stated that signatures had been obtained from 19 of 24 property owners in the area who did not object to the location of the building. They were unable to contact the other 5 . A statement was then read by the Building Official indicating that Mr. Schelhorn had been informed in early December, 1976 , that he was in violation of the City Code . It was noted that no written stop work order, as required by the Uniform Building Code , had been issued until Jan . 1 , 1977, when the 77-2-3 building permit was revoked . After considerable discussion, Pete Olesen made a motion to have a committee appointed to investigate the situation, inspect the grounds and then make a recommendation to the Commission to grant or deny the variance. Bob Nicholes seconded the motion and it carried. Don Tolley appointed Bob Nicholes , Mel Lewis , LaMar Bollinger and John Pilote . (Bob Nicholes later stated he would be out of town the next week and unable to meet with the com- mittee . Tolley appointed Tom Ensley in his place . ) John Pilote will chair the committee , who will meet Tuesday, the 22nd. 77-2-4 Pete Olesen then moved that , in the interest of time, the decision of the committee be the decision of ,the P & Z Board as a whole and that this decision be transmitted to Mr. Schelhorn. Chuck Banks seconded the motion, and, after a vote , the motion was defeated unanimously. Tolley announced there would be a meeting on Wednesday , February 23, with the Attorney General ' s staff in charge of planning and zoning matters on procedures for the Comprehensive Plan. Next on the agenda were four special use permit requests . The first was for an auto body shop to be located on Lot 1 of Lafferty ' s Addi- tion on East Cleveland Boulevard and the second for an auto sales pr) yard (Scotty ' s Auto Sales ) on Lots 8 and 9 of Lafferty's Addition. 1 The City Code requires a special use permit for these businesses even though the zone is commercial . The body shop will require 75% -3- consent of the property owners within 300 feet . After a discussion, 17-2-5 Budd Kehne moved and Starr Farish seconded the motion that Mr . Del Bright and Mr. Dennis Scott be allowed to proceed with the steps omiN necessary. The hearing for the auto sales yard was set for March 17 , 1977 , and the hearing will be set for the body shop when the petition is returned and the fee paid for the title search. Motion carried. Mel Lewis then explained that Jack Noble is requesting to build three 4-plexes on three lots of Burger Subdivision, located on Rice Avenue between Rochester and Savannah. The Code states that dwellings con- taining 4 units or more require a specialpermit with consent of 60% of persons owning property within a radius of 300 feet . After 77-2-6 a discussion, Starr Farish moved and John Pilote seconded the motion that Mr. Noble be granted permission to begin procedures for the special permit . Motion carried. Another special use permit for three 4-plexes was requested by Mr . Joe Frost for Lots 18-24 of Frost ' s Addition. He actually wants to build 6 duplexes and it was felt that the concentration would require a special permit , so the units will be considered as three 4-plexes . The buildings would be located at the corner of Morrison and Parker (the north 300 feet of Parker Street on the east side) . Mr. Frost will need to obtain 60% approval of persons owning property 17-2-7 within 300 feet . A motion was made by Bob Nicholes and seconded by John Pilote to allow Mr. Frost to go ahead with special permit pro- ceedings . Motion carried. A preliminary of a plat of Cedar Addition was presented . This pro- posed subdivision will be located on the 10 acres previously owned by Mr. Kadel on S. Kimball outside of the City limits . Annexation has been requested. Two plans were submitted for street development : Alternate #1 shows Cedar and Spruce through to Arlington and Alter- nate #2 provides for Spruce and Beech Streets with a cul-de-sac off of Beech. In a conversation with Mr. Val Child of the LDS Church, Mr. Lewis said Mr. Child had given some assurance that the church would be interested in participating in the development of Beech Street . Mr. Lewis also commented that the 30 foot half right-of-way for S . Kimball should be changed to 40 feet . The streets will drain to the east to Arlington. Sewer is available and a sewer plan has been submitted . The developer intends to improve streets with concrete curb and gutter and pavement with an L. I .D. or at his expense . Under- ground utilities are planned and irrigation will be with Pioneer 77-2-8 Irrigation District . A motion was made and seconded by Pete Olesen and Tom Ensley that Alternate #2 of Cedar Addition with the cul-de-sac be approved subject to a satisfactory understanding of completion of improvements . Motion carried. At this time Don Tolley asked John Pilote to chair the meeting briefly . A report on the progress of considerations outlined at the last meeting for the preliminary plat of Caldwell Interstate No . 1 was made by Mel Lewis and Ron Blakley of Blakley Engineers . Mr. Blakley stated they 0040 would be unable to obtain more than 50 feet of right-of-way for the street along the canal . Specht Street down the east side is intended as the major entry street and will also serve Caldwell Interstate No . 2 , another industrial site in the planning stages located east of #1 . -4- Evidently , there will also be a problem in getting a 20-foot setback along the ditch bank as Osborn Trucking Company has structures in , the setback area. The property will be drained by gravity and surface flow down to the corner where the City well lot is located, then under the canal and into the drain ditch west of the canal . A small lift station is proposed to sewer Caldwell Interstate #1 and #2 . Mr. Blakley stated he also had sewer plans for Industrial Site No . 4 to discuss , but a meeting will be set up later for this purpose . 77-2-9 Don Tolley moved and Bob Nicholes seconded the motion to approve the latest development plans for Caldwell Interstate No . 1 with the 50-foot street right-of-way and the 20-foot setback on all pro- perty the/ presently control along the canal . Motion carried . developers Regarding the final plat of Sylvan Manor, Mel Lewis said he would recommend its approval as all requirements had been met , Mr. Graves intends to LID all of the subdivision and deeds will be received 77-2-9 for the north half of Maple Street . Tom Fnsley moved and Budd Kehne seconded that the final plat be accepted subject to receipt of the deeds . Motion carried . Both the preliminary and final plats of Burger Subdivision were to be considered at the same time . Mr. Lewis explained this is because the sewer is there , most of the street is in and a petition for LID has been presented for the rest of it , and sidewalks will be put in on all of the undeveloped lots . Copies of the final plat will be sent to all agencies required by ordinance before the plats are 7-2-10 presented to Council . It was moved and seconded by Pete Olesen and Budd Kehne to approve Burger Subdivision both as a preliminary and a final plat . Motion carried . The City Engineer informed Commission members that hereafter requests for vacations will be referred to the P & Z Commission for their recom- mendation to the Council. Vacation of a small triangle north of Arthur at 22nd Avenue between the now-improved roadway and the 7-2-11 railroad track has been requested . After a discussion, a motion to recommend the vacation of this property to the City Council was made by Pete Olesen and seconded by Bud Grant . Motion carried. A request to vacate the alley in Block 37 , Mountain View Addition was also considered . Mr. Lewis explained that usually a vacation wasn't considered unless 100% of the owners had agreed to it , and in this case Mrs . Yamada had not signed the vacation petition. The two other property owners involved had signed. He further stated this vacation should stipulate the giving of sewer , irri- gation and utility easements on the area now defined as the existing alley between the adjacent owners to protect utility rights and to (7-2-12 prevent building on that surface . After discussion, Budd Kehne moved that the P & Z Commission recommend to the Council that they consider vacating the alley subject to easements for the 16 feet of the alley . The motion was seconded by Bud Grant . Six voted in favor of the motion and 2 were opposed. Motion carried. Mel Lewis asked that a hearing be set for the zoning of Cedar Addi- eiN tion for annexation . At this time the entire 10 acres may not be included in the annexation as there is a 75 ' x 150 ' tract in the 77-2-13 southwest corner that is uncommitted. Starr Farish moved that the subdivision be annexed as low density residential ( "A" ) and that -5- the hearing be held on March 17 , 1977 . The motion was seconded by LaMar Bollinger and carried. AdmiN Don Tolley then called for action to be taken on the special use permit requested by 0. T. Sanders and the rezoning request by Dean 77-2-14 Dishman and associates . Bob Nicholes and Starr Farish moved and seconded to approve the special permit for Mr . Sanders with a recommendation to the Chief of Police that parking be prohibited on both sides of the street on Kimball . Motion carried. 77-2-15 A motion was then made and seconded by Pete Olesen and Bud Grant to recommend to the City Council the rezoning of the southwest corner of Linden and Georgia, 631 . 51 feet x 240 feet , from "AB" Residen- tial to "CD" Commercial . There were 4 in favor, 1 opposed and 2 absentions . Motion carried . Tolley said he wanted to schedule working sessions on zoning for the first and third Thursdays of the month. The first session will be March 3 , 1977 . Meeting adjourned at 11 : 00 p .m. Respectfully submitted, Sylvia Robison Secretary pro tem