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HomeMy WebLinkAbout1978-08-17 P & Z MINUTES PLANNING AND ZONING COMMISSION MINUTES August 17 , 1978 The meeting was called to order at 7 : 30 p.m. in the Council Chambers by Acting Chairman Bob Carpenter. Present were Budd Kehne, Starr Farish, Bud Grant , John Hull , Jim Oates , Bob Nicholes , Mel Lewis , Al McCluskey, and Wayne Nielsen. Also attending was Councilwoman Alta Williams . The minutes of the July 20 meeting were read and approved as written. Bob Carpenter opened the first public hearing scheduled. Under con- sideration was a change in the Land Use Schedule of the zoning regulations to permit mobile home parks in the M-1 Industrial zone with a special use permit. Hearing no comments from the audience, 78-8-1 Bob closed the public hearing. A motion to recommend the proposed ordinance change to the City Council was made and seconded by Bob Nicholes and Bud Grant . Motion carried. Next on the agenda was a public hearing on a request by Gary Morgan to rezone Lots 8-12, Block 86 of the Original Townsite from R-3T Res . to C-2 Commercial. The property is located at 1120 and 1124 Albany Street . Mel Lewis read correspondence that had been received regard- ing the rezoning. One , a letter from James Morfitt , stated he not only favored the proposed rezoning but also would encourage a zone change all around the courthouse. An affidavit by Jerry Jackson, operator of Jackson' s jewelry, indicated he also favored the rezoning. /-4N A letter protesting the rezoning had been submitted by Leo Holmes of 1121 Main Street . These letters are on file in the Engineer' s office . Speaking in behalf of his request , Gary Morgan said that he would like his property zoned commercial to accommodate a coffee shop which he plans to cater to Courthouse and office employees and he could pro- vide more parking spaces with commercial setbacks. After a discussion, 78-8-2 Starr Farish moved that the rezoning of the above property be recom- mended to the City Council. The motion was seconded by Budd Kehne and, upon vote, carried. A public hearing to consider rezoning of Lot 6 of Lafferty ' s Addition was then opened. The zone change requested was from R-2 Residential to C-3 Commercial as the property is contiguous to the C-3 zone along Cleveland Boulevard. Since there were no objections, Bob closed the 78-8-3 public hearing. A motion was made and seconded by John Hull and Bud Grant to recommend rezoning Lot 6 of Lafferty's Addition from R-2 to C-3 to the City Council . Motion carried. Opened next was a public hearing for a special use permit requested by the L.D.S. Church to construct a seminary school on Tract 10 of Mountain View Subdivision No . 2 on S. Montana Avenue. Mel Lewis said the only objection received by his office was a phone call from Mildred Brown of 2810 Colorado Avenue. Mr. Lewis presented a plan he had drawn of the area showing a street through the center of the 5-acre tract and providing an outlet on the west end so the property to the south could eventually develop. The subdividing of the 5 acres would be two blocks in length and the City would require an additional strip of right-of-way on Montana to provide a 40-foot half right-of-way for future widening. Mr. Lewis further stated he would recommend if the church retains only the site -1- -2- on which the building is located and sells the rest of the land for development , that the site be voluntarily included in the plat when P"N it is platted. This will subject the site to the requirements of the subdivision ordinance. The site of the building itself will have to be defined on the building permit and parking requirements met . Other testimony was offered by Mike Gable, property owner in Tract 14 of Mountain View Addition, who asked that the Commission consider requiring landscaping as a buffer on the tennis court side of the seminary school. He also pointed out that additional access would be desirable because of the traffic already on S. Montana and requested that the density requirement be limited to residential . These con- 78-8-3 siderations were discussed at length. Subsequently, Starr Parish moved that the special use permit be granted to the L.D.S. Church subject to including the site of the building in a future plat and to providing the additional right-of-way. The motion was seconded by John Hull and passed. The public hearing on a request to rezone Lots 8, 9 and 10, Block 13 of Arlington Addition from R-3 Residential to C-1 Neighborhood Commercial was then held. This is the service station and grocery store located on the southeast corner of the intersection of Kimball and Paynter Avenues. Mr. Lewis , in describing the property, explained that he would require a restriction on entrances for any business locating there so there would not be any on the curve . Several persons in the audience offered testimony in opposition to rezoning this property for a commercial use. These were Mr. and Mrs . John Fullbright, 1418 S . Kimball; Mrs. Clark Brown, 124 Halstead; John Montgomery 109 Morrison; Mrs . Grace Sollers , 1502 Ellis ; Mr. Fred Kesner, 1408 Ellis ; Joe Frost , 1502 S. Kimball . In view of the number of persons opposing the rezoning and since no specific 78-8-4 occupant of the premises is yet determined, John Hull moved the request not be considered. He did stipulate that once something definite was known, the request could be presented again. The motion was seconded by Starr Farish. Motion carried. The last public hearing was for a variance requested by Milt Chris- tensen, 223 West Hazel, to construct an addition onto the front of his residence which would extend 20 feet beyond the established setback line. According to Mel Lewis , the only objection that had been filed was by Mr. S. P. Glenn of 215 W. Hazel who opposed the extension beyond the established line of the houses along the block as it would obstruct his view. Since there were no further objec- tions , the public hearing was closed. Mr. Christensen was question- ed as to the purpose of the addition and then action was taken on 78-8-5 his request. A motion was made and seconded by Bob Nicholes and Bud Grant to grant the variance to Mr. Christensen. Motion passed. Discussion was held next over a request by Don and Shirley Rife for the vacation of Georgia Avenue south of Syringa Lane. Mr. Lewis explained a map he had prepared showing how the area might be dev- eloped in the future . Sewer is not presently available but hopefully a sewer crossing will be provided when the interstate is built that could serve some of the property north of the freeway . He further stated that if the area were to develop, the right-of-way would be important to the City as well as to Mr. Rife, but if the street were vacated, it would be necessary to get right-of-way in other locations . -3- The use of the land as pasture could continue until such time as Mr. Rife desires to develop it . The Commission, after a discussion, agreed that it would probably be more to Mr. Rife ' s advantage to 78-8-6 leave the street as platted . Therefore , Bud Grant made a motion to deny the request for the vacation of Georgia Avenue south of Syringa Lane. The motion was seconded by John Hull and, after a vote, carried . The next item on the agenda was consideration of an application for a special use permit for an antique store to be located in the Sperry grocery store at 18th and Cleveland. During the discussion, it was brought out the building is in an R-2 zone so would be considered a non-conforming use under the present ordinance. A perpetuation of the existing use as a grocery store or the sale of the property for residential purposes could be considered, but any type of retail outlet would not be permitted in an R-2 zone. It was also pointed out that the site would be unable to provide the off-street parking which would be required if a special use permit could be obtained. After reaching an impasse, the Commission decided to seek the opinion of the city attorney. Al McCluskey said he would approve consulta- tion with the attorney for an interpretation of the ordinance as to 78-8-7 any legal means of proceeding. It was then moved by Bob Nicholes that the matter be referred to the city attorney. The motion was seconded by Bud Grant and carried . Mr. Lewis was directed to convey the information to Wayne Davis . A special use permit has been requested by Leroy Atwood to construct a senior citizen complex at Belmont between 9th and 10th which will be located on the entire half block area. Mr. Atwood distributed plans of the building, which will be a 3-story structure with 12 two-bedroom units and 38 one-bedroom units. The density will be greater than the ordinance permits but can be exceeded with a special use permit. The main part of the building on Belmont is set back 20 feet , but projections on either end for aesthetic-archi- tectural purposes will extend into the setback area . A variance can be granted for this as part of the project . On Belmont the sidewalk will be installed next to the curb and the developer has agreed to rebuild the curb which is high. Parking is more than adequate . 78-8-8 After the Commission reviewed the plans , Bud Grant moved and Starr Farish seconded the motion to set a hearing on September 21 for the special use permit . Motion carried. Two representatives from Sundance Construction appeared before the Commission seeking approval for a proposed planned unit development at Locust and Georgia (part of former Elk's property at Linden and Georgia) . The intention is to plat this area to the townhouse con- cept with association documents that define common areas and common interests . They will return with a preliminary plat but at present want assurance that they can proceed under the old special use permit issued on the entire tract and under the criteria of the 78-8-9 former ordinance. Bud Grant moved that the project be approved subject to review of the plans and to Mr. Lewis ' specifications . The motion was seconded by Starr Farish and carried. Considered next was a request for a professional office to be located in a part of Block 9 of Arlington Addition between the Memorial Park Baptist Church and the Health Clinic and facing on Kimball Avenue. The application for the special use permit was filed by Dr. Herman -4- Sakimoto and Dr. Hal Mickelson. They have also submitted a request to rezone the property from R-2 Residential to R-3 Residential . Before the zoning can be changed, the Comprehensive Plan must be changed to high density residential and the Commission has already included a lot depth all along this block among the proposed Com- prehensive Plan map amendments to be accomplished some time this year. John Hull stated that since it is the intent of the Commis- 78-8-10 sion to change both the Plan and the zoning, he would move that a hearing be scheduled for September 21 for consideration of the special use permit for a professional office to be constructed at the above location. The motion, which was seconded by Bud Grant, carried. Starr Farish abstained. A variance has been requested by Phil Smith to set a new residence back 10 feet from the rear property line rather than the required 20 feet. The lot in question is triangular in shape and located on the corner of Grant Street and Colorado Avenue . Because the residence will front on Grant Street, which is the long side of the triangle, some interpretation would be needed to determine what would be the rear yard. After some discussion, Bob Nicholes 78-8-11 moved that the property line in question be considered the side yard which would enable Mr. Smith to meet the setback requirements. The motion was seconded by Bud Grant and carried. Pursuant to a petition received by the City from property owners in Block 31 of the Original Townsite and referred to the Commission by the City Council , all of Block 31 will be included for commercial 7P-12 designation in the Comprehensive Plan changes. Moving this be added to the list of changes was John Hull. Jim Oates seconded the motion which, after a vote, passed. Discussed briefly was the proposed subdividing of property at Linden and Marshall for a ranchette type of development . The development is planned by Chet Mosier, who wanted to know if the Commission would approve such a venture. Anticipated is the construction of large houses on tracts approximately 158 feet wide with room for pasture and outbuildings, but sewer is not available at the present time. It was Mr. Lewis ' concern that if septic tanks were installed and eventually a subdivision were to materialize to the west , sewer would have to go around the proposed ranchette development to serve the subdivision. Right-of-way for Maple Street was also mentioned. The area will have to be platted unless Mr. Mosier gets only one building permit a year. In general, the Commission approved the concept with septic tanks at the present time. Meeting adjourned at 10: 30 p.m. Respectfully submitted, Sylvia Robison Secretary pro tem