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HomeMy WebLinkAbout1977-06-16 P&Z MINUTES PLANNING AND ZONING COMMISSION MINUTES June 16, 1977 The meeting was called to order in the Council Chambers by Chairman Don Tolley. Present were Bob Nicholes , Tom Ensley, Bob Carpenter, John Pilote , Budd Kehne, Pete Olesen, Mel Lewis , George Dufur, City Attorney Ken Roberts and Planner Arlo Nelson. The minutes of the May 19 meeting were read and approved . Chairman Tolley opened the public hearing for a special use permit requested by the First Assembly of God Church to construct a new church on 6 acres located above the IOOF home between 14th and 16th Avenues . Reverend Crownover presented a letter received from the Black Canyon Irrigation District giving permission for drain water to drain into the canal provided spill pipes are installed . As no 77-6-1 objections were heard from the audience , Tom Ensley moved that the special use permit be granted subject to conditions of the building permit . The motion was seconded by Bob Carpenter and, upon vote , carried. Held next was a public hearing for a dental office at 1913 S . Kimball requested by Don Vassar in behalf of John Holton. Mr. Charles Holton inquired if it would make any difference in the status of the special permit to rent a part of the building to a psychologist . Commission members advised that the permit .be changed to special use for ^ a medical-professional office to accommodate those types of uses. 6-2 A motion to grant the special use permit was made and seconded by Bob Nicholes and John Pilote . Motion carried. Harvey Blank was not Present to discuss a special use permit request to construct a storage building at 2511 Airport Avenue . The next item considered was a special use permit for a professional office to be located on Belmont between 11th and 12th. The request was made by James Morfitt who intends to remodel an existing residence into space for 7 offices . A plot plan will be furnished by Mr . Mor- fitt showing the parking arrangement anticipated for the 900 sq . ft . (7-6-3 required . After a discussion, Pete Olesen moved and John Pilote sec- onded the motion that a hearing for the request be set for July 21 , 1977 , subject to submission and evaluation of the plot plan by the Building office- and Engineering Department . Motion carried. Mel Lewis stated that a petition has been filed to vacate Brock Avenue between Ash and Hazel Streets inside the City limits by three adjacent owners who feel that it is not in their interest to develop the street at the present development costs . He further explained that the street was platted in the West Ash Addition plat but never did go through and is offset from a section of Brock to the north. After a discussion which concerned the desirability of having a cross street there in the (7-6-4 future and the difficulty of obtaining right-of-way, it was moved by emtl Tom Ensley and seconded by Pete Olesen that the vacation request be denied and that this recommendation be forwarded to the Council. Motion carried. -1- -2- A vacation request for a portion of W. Ash in the 4400 block was then considered . This is on the north side of the street and is presently vacant land with 2 building sites . Mr. Lewis informed the Commission that there is a deed in existence for many Years which is apparently valid dedicating 50 feet north of the centerline for a right-of-way . The City only requires 28 feet for the half right-of-way of Ash and is recommending that the north 22 feet of the south 50 feet of the 77-6-5 building sites be vacated . A motion to recommend this vacation to the Council was made by Bob Nicholes and seconded by Budd Kehne . Passed . The final plat of Country Meadows was presented and reviewed by the City Engineer, who stated that the only thing to be completed was final approval of the street design by the Engineering Department . He recommended that the final plat be approved subj.ect -to the street 77-6-6 design. John Pilote moved and Budd Kehne seconded the_ motion to recom- mend the approval of the final plat of Country Meadows to the City Council with the Engineer ' s stipulation. Motion carried . A request for a variance to obtain a second building permit on the West Ash property described above was made by the Hibbard Brothers . The property is too small to plat and contains only the 2 building sites . One building permit has been granted and Mr. Lewis recom- '77-6-7 mended the variance be approved. Bob Carpenter made a motion to recommend the granting of the variance for the second building permit to the Council . The motion was seconded by Bob Nicholes and, upon vote , carried . Joe DeGrazia appeared before the Commission seeking a special use permit to operate a real estate office at 1501 Cleveland Boulevard . He plans to remodel the existing house and use a small sign. Off- street parking will be provided . A determination was made by the members that because there may be some opposition in that area , Mr. DeGrazia should circulate a petition and obtain approval of 75% of the property owners within 300 feet . When the petition is brought in with the required percentage, a hearing date will be set . A 77-6-8 motion to allow Mr. DeGrazia to circulate a petition was made and seconded by Bob Nicholes and Budd Kehne . Motion passed. The preliminary plat of Airport Industrial Subdivision was recon- sidered for approval . Final approval of the preliminary was sub- jected to an additional 20 feet of right-of-way on Laurel at a prior meeting , but the owners have not agreed to this stipulation. Mr . Lewis is proposing a compromise to accept the original 50 feet of richt-of-way but require a building setback of 20 feet with an ease- ment on the setback for utilities . This easement would have a "no building" restriction. Dean Dishman, representing the developers , ( 7-6-9 said they would be agreeable to this compromise . Tom Ensley then moved that the approval of the preliminary plat of Airport Indus- trial Subdivision be recommended to the Council . The motion was seconded by Budd Kehne and passed by the Commission. The topic of annexation of areas contiguous to the City limits was discussed . Pete Olesen read a resolution that had been adopted by ! the Planning Commission at its April 29 , 1975 meeting and asked the members to reaffirm the previous action and recommend its adop- tion to the City Council . Much discussion ensued , after which Tom -3- 7-6-10 Ensley moved the adoption of the resolution and its recommendation to the City Council. The motion was seconded by Bob Nicholes . Four voted in favor of the motion and one against . Motion carried . The resolution is attached as a part of these minutes . A work session on the zoning ordinance text was then held. John Pilote presided over the session. Arlo Nelson explained that the text and map were nearly ready for a public hearing and suggested that the members be ready with specific auestions to be considered at the hearing . Copies of the zoning map will be provided to Com- mission members before the next work session which is scheduled for Thursday, June 30 , at 7 : 30 p .m. in the Council Chambers . Meeting adjourned at 10 : 20 p .m. • Respectfully submitted , Sylvia Robison Secretary pro tem eqN 1 RESOLUTION eqN WHEREAS, Municipalities have the authority to initiate and consummate , by Council action, the annexation of unincorpor- ated territory to promote the health, welfare , safety and economic development of the area and the entire community ; and, WHEREAS, Provisions are made for annexations in which the initiative arises in the outside area and which are desired by the municipality ; and , WHEREAS , A comprehensive planning approach to the problem of regulating urban growth in areas outside of a city involves both an extension of cities ' extraterritorial zoning powers and active cooperation between city , county , state and national authorities ; and, WHEREAS , Government funding of many municipal projects is based on government approval of .city planning and the control and planning development of peripheral areas ; and , WHEREAS , A municipality should adopt reasonable policies in relation to physical facilities and certain other conditions which govern considerations of annexations ; and , WHEREAS , The orderly transition from rural to urban land use around the city will assure that such a process of growth will establish optimum conditions for management of city development ; and, -1- -2- eNN WHEREAS , A lack of annexation policy in the past has • allowed a considerable backlog of needed annexation ; NOW, THEREFORE, BE IT RESOLVED That the Mayor and City Council adopt a vigorous and continuing program of annexation in 3• ;f++' order to bring the boundaries of the city into acceptable planning patterns with full recognition that annexation without consent of residents or property owners is frankly contemplated in the law , that annexation will allow the development of certain financing capabilities (i. e . local improvement districts ) on the part of the newly annexed areas , and that annexation need not be based on the ability of the city to provide immediate municipal ser- vices in the built-up peripheral areas . • a♦ t .