03-03-1987 Regular Meeting• •
PLANNING AND ZONING COMMI55ION
MINUTES
MARCH 3, 1987
The regular scheduled meeting of the Planning and Zoning
Commission was called to arder• on TuE:sd~~y March 3, 1987 at
7:3Q p.m. by Chairrnan John Sargent. Membr.rs attenting were
Adelbert Evans, John Sargent, Cecil. Smart, Don Smith, Marilyn
George, Gloria Johnson, Ran Carden, ;end Cur~t DiCamillo, Debbie
Gaines was excused. A1sa atte~r°iding wc>rE Wcayne Saunders, City
Manager Dean Perlick, Planning Director and Jane Warren,
Planning and Zonin~a Teachnician.
MINUTES of the meeting held February 3, 1947, were approved as
presented.
NEW BUSINESS
Mr. Sargent Introduced It ern Na, 1.
CONDITIONAL USE PERMIT
Ed Augustine, the owner of Westgate Business and Storage
Centre, is requesting a Conditional Use Permit to construct
a 1,44Q sq. ft. storage building on the site of the current
storage facility.
The proposed building will be located between the two larger
existing storage buildings.
A one-way drive will encircle the building. The applicant
is proposing that a grass or Borne type of permeable driveway
be allowed along the south side of the proposed building.
Grassed or permeable parking areas may be approved by the
City Council.
Parking areas are requirec.i to be gGVed.
Mr. Sargent requested that t:he staff sta g: their concerns and
views an the proposed project.
Mr. Perlick stated the Cit;~ i:~ cr.arrently zoned C-2, General
Commercial Business District. Progertiess to the south are zoned
R-1, Urban Re::aidential., properties to the wort is R-2, Medium
Density Residential, C--2 on the north and east.
Mr. Perlick recommended that the Conditional Use Permit be
subject to the fallowing conditions:
CONDITIONS:
1. The property must be developed in subC>tantial accordance
with an approved site q.lan.
2. If, at a future date, parking at this site proves inade-
quate, the applicant unc:ierstandw and agrees that the City
may require additioncal perking or rescind thin CUP.
3. No further expansion oP the us~~ or additions to this
facility shall. be gerrnitted except as approved by another
cuP.
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4.. All applicable rules and regulations shall be met, including
final site plan approval, landscaping, drainage, parking and
sign regulations, and all yard setbacks. All rewired
l;~ndscaping must be served with a permanent irrigation
system and must be properly maintained. The drainage and
stormwater retention requirements ofi the appropriate
regulatory agencies must be met, and approved by the City
Engineer. These areas must be properly maintained.
5. This prapr.-r'ty may be used anly ,~s ;~ starage and business
facility. No other business operation may be conducted from
this facility. This CUP is not transferable to any other
business use, person or corporation.
6. The final Certificate of Occupancy cannot be issued until
each of the stated conditions has been met.
7. This permit shall expire if construction has not begun
within ane year of the date of this CUP.
8. If any of the stated conditions is violated, the applicant
understands and agrees that the City Council may revoke this
Conditional Use Permit by resolution.
9. Drive on the south side of the grogosed building shall be
paved.
10, All drives sha1.1 be a minimum of eighteen (18) feet in
width.
11. The existing wand fence along the south and west property
lines shall be landscaped according to the City Landscape
Ordinance, including the planting of the one (1) tree for
every seventy-five (75) lineal foot of fence, providing
permission to use City right-ofi-way is granted. Westgate
Business and Storage Centre will be responsible for
maintainance of such landscaping.
Mr. Perlick stated ha had received a call from Roxie Canada of
11G.8 Tenth Street, who had no objection to the proposed project,
but would like to see the fence painted or some type of
landscaping.
Mr. Ed Augustine: was pr•e:sent and addressed the above
recommendations.
Mr. Augustine expressed concern with condition No. 5, which
status No other business operation can b~~ conducted from this
facility " Mr. Augustine requested th~:it the wording be changed
to reflect that new addition would be for starage only, and
would not created a problem for the current offices tenants.
Mr. Evans suggested that the wordin<:~ refer to the current
requested Conditional Use Permit, for yin additional storage
building only.
Mr. Augustine referred to Condition No. 9, and stated that during
prior meetings for the original Conditional Use Permit, he was
granted approval for G grass driveway, and would prefer to keep
the present drive as such, and gave bath ends for the turn
grounds.
Mr. Augustine stated tFiat Conditian No. lU would cause him to
reduce his exi.~~ting paving ir-~ order to coriigly with this request,
and would prefer to have the required measurements 16.6 feet on
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one side and 2r~.6 feet on the other side.
After a brief discussion a motion was rnadc by Mr. Smith to
recommend to the City Council approval of the requested
Conditional Use Permit, with the following changes;
DELETE Conditions Number 9 and 1Q.
9. Drive on the south side of the proposed building shall be
paved.
10. All drives shall be a minimum of eighteen (18) feet in
width.
CHANGE Condition No. 5 and ~,
5. This building addition may be used only as a storage
facility. No other business oper;~tion may be conducted from
this facility. This CUP is not transfierable to any other
business use, person or corporation.
9. The traffic turn around areas ut each end of the proposed
building shall be paved.
The motion was seconded by Mr. Evans and approved by unanimous
vote.
Mr. Sargent advised the board that the First Christian Church of
Clermont, the applicants of ITEM No.2 on the Agenda, had
requested that their request for a Conditional Use Permit be
tabled until further notice.
A motion was rnade by Mr. Evans to table the request by the First
Christian Church.
Mr. Sargent introduced Item No.3.
PROPOSED REZONING
Robert Thompson is requesting that Lot 1, Sunnyside Terrace be
rezoned from the R-3, Residenital/Professional District to C-2,
General Commercial Business District.
This property is located at the southwest corner of Highway 50
and Bowman Street and is presently used for an office building.
The present R-3 zoning extends south from Highway 50 along the
west side of Bowman Street to lot 21 of Sunnyside Terrace south
ofi where Almond Street intersects. The surrounding zoning is
predominately R-2, Medium Density Residential, with commercial
zoning across Bowman Street where Sunnyside Plaza is located.
The property directly to the south of Lot 1 is currently vacant,
but the property directly behind the office building is being
used for residential purpose.
Mr. Perlick stated that he did not feel a need to break up the
current R-3 zoning and possibly invite further requests for
commercial zoning along the west side of Bowman Street.
Mr. Perlick recommended that we protect the current residential
uses in that area and deny the request for Commercial Zoning ofi
Lot 1, Sunnyside Terrace.
Mr. Perlick pointed out that a letter had been received Mr. Paul
Roper stating he is opposed to the requested change.
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Also a letter had been received from Mr. Bud Meadows stating he
is in flavor of the requested change.
Mr. Robert Thompson, one of the owners, was present and stated
his primary reason for requesting the zoning change, would be to
enable him to rebuild his business, should it be destroyed,
without requesting a Conditional Use Permit. Also Mr. Thompson
stated with the present Sign Ordinance in effect, it restricts
any addition to the present sign, and he would like to enlarge
the present sign which at the northwest corner of the property
(Dennis Cannon Sign).
Mr. Thompson also stated he would be open to the option ofi going
to C-1 Zoning, ifi that would be a more workable solution.
Mr. Saunders stated, that because of the square footage in the
building, if some catastrophe were to occur, the owners would
have to approach the City fior a new Conditional Use Permit,
regardless of the zoning.
After a briefi discussion a motion was made by Mr. Evans that the
Planning and Zoning Commission recommend to the City Council
denial of this request, seconded by Mr. DiCarrrillo and approved by
unanimous vote.
Mr. Sargent introduces Item No. 4
PROPOSED REZONING
Walter Poynter is requesting the rezoning of the R-1-A zoned
property on the site where the proposed townhouse project is
located.
The R-1-A zoning line is located 15C) fet't north of Minnehaha
Avenue and extends across the back of the current lots facing
Minnehaha Avenue. The applicant hus included the north 4.5 fleet
of the R-1-A zoned property in his request, for the Conditional
Use Permit for the townhouse units.
Multi-family dwelling units are not a permitted or conditional
use in the R-1-A District.
Tr,e lots currently coned F~-1-A ure 1~~tJ f f:et in depth and if the
rezoning is granted thc; lots would br: 105 feet in depth and 102
feet in width_ The minimurn u11owG,ble lot: size in R-1-A is 10, 000
sq. ft. The lots in Fairview Subdivi:~ion would need to be
replotted in order to indicate any charrgc; in the Subdivision
Plat.
Mr•, Perlick stated he felt this was a worthy project and a good
use for the land, but did encouraged the Planning and Zoning
Commission to consider the possible affect on the remaining R-1-A
lots on Minnehaha Avt~nue_
After further discussion a motion wus n~~,de Mr. Smith to recommend
to the Gity Council approval of this request for rezoning,
seconded by Mr.DiCurnillo and approved by unanimous vote
Mr. Sargent introduced 1't ern No 5. and e~dvised the Planning and
Zonin<~ Commission, that this re,:~uest wu4> the same as the
Conditional Use Permit presented during the February meeting, but
because the R-1-A property was not indic~~ted at that time, it is
necessary for the request to be resubmitted.
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CONDITIONAL USE PERMIT
The Planning and Zoning Commission will reconsider the
Conditional Use Permit for the forty-two (42) townhouse dwelling
units due to the proposed rezoning of the R-1-A property on the
site.
Enclosed is the Conditional Use Permit recommended by the
Planning and Zoning Commission at the February meeting, and the
Conditional Use Permit that the City Staff recommmends approval
of at this time.
At this time Mr. Perlick suggested the following changes to the
staff's recommendations:
11. A landscape barrier along the south, east and west property
lines shall be planted with shrubs in such a manner as to
provide opaque screening and shall be properly maintained at
a minimum height of six (6) feet. There shall be a minimum
height of two (2) feet at the time of planting, The height
ofi six (6) fleet shall normally be reached within two (2)
years from planting. In addition, one (1) tree shall be
provided for each fifty (50) lineal fleet of such landscape
barrier or fractional part thereof, and one (1) tree shall
be planted for each seventy-fiive (75) lineal feet along the
north property line
22. Trash and Garbage service may be provided by a private
dumgster service, franchised to operate in the City.
23. In addition to number eleven (11),minimum of two (2) trees
per unit shall be planted and such trees shall be a minimum
ofi eight (8) feet in height at planting.
Credit will be given for existing trees. A minimum ofi one
(1) tree shall be planted for every seventy-five (75) lineal
feet of property around the perimeter of the gro,7ect,
24. Replat lots 18 thru 23 of Fairview Place Subdivision, and
also that part of closed Carrie Street, in Block B.
25. Eliminate dead end for existing drive on the north side of
the property.
Mr. Perlick also stated he had received a letter from Robert and
Rita Thompson which stated they are in opposition of this
proposal.
At this time Walter Poynter, the owner of the property was
present and stated in response to Mr. Perlick's suggested
revisions of staffi's recommendations, the only problem he had
was with item No. 24, because he does not own these lots and it
would not be feasible for him to replat this property.
A letter was received from Mr. Keith Bowie stating his ob,~ection
to the Pro,iect.
Mr. Michael Messer and Mr. Donald Huntington, were present and
also stated their opposition to this project.
Mr. Jay VanderMeer was present and stated his support for this
proposal.
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~, Afiter a briefi dis~sion a motion was made b~r^. Evans, seconded
by Mr. Smart an approved by unanimous vote to recommend to the
City Council approval ofi this Conditional Use Permit with the
elimination of condition No. 22 and changing the following
conditions to the following:
11. A landscape barrier along the south, east and west property
lines shall be planted with shrubs in such a manner as to
provide opaque screening and shall be properly maintained at
a minimum height ofi six (6) fleet. There shall be a minimum
height of two (2) feet at the time of planting. The height
of six (6) feet shall normally be reached within two (2)
years from planting. In addition, one (1) tree shall be
provided fior each fiifty (50) lineal feet of such landscape
barrier or fractional part thereof, and one (1) tree shall
be planted fior each seventy-five (75) lineal fleet along the
north property line
23. In addition to number eleven (11),minimum ofi two (2) trees
per unit shall be planted and such trees shall be a minimum
of eight (8) fleet in height at planting. Credit will be
given for existing trees.
24. Replat lots 18 thru 23 of Fairview Place Subdivision, and
also that part of closed Carrie Street, in Block B.
25. Eliminate dead end for existing drive on the north side ofi
the property.
Mr. Sargent introduced Item No. 6.
WADE PROPERTY PROPOSED REZONING
Irr October of 1986, this property was rezoned from R-2 to C-2.
The initial rezonin<,~ was requested by the property owner because
of the possible sale of the property to a developer who intended
to construct a shopping center.
The proposed rezoning would move the R--2 zoning line back to its
original location before the rezoning in October.
R-3-A Zoning could also be considered far the property in
question.
The current C-2 zoning extends to approximately 1,000 fleet north
of Highway 50 along Grand Highway and east to the high water mark
of Jack's Lake. Any permitted use in the C-2 Zoning District
could be located in this area without prior approval ofi the use
by the City. Rezoning this property to R-2 or R-3-A would allow
the City to have greater central over what could be developed on
this property in the future.
A shopping center or any other commercial use could still be
considered on this property, as part of a Planned Unit
Development, even if rezoned, because 'the Comprehensive Plan Land
Use District boundry would remain at its current location 1,000
feet north of Highway 50,
At this time Mr•. Smith clarified that he initiated this probe
into the passible rezoning of this property, because of his
concerns ofi possible planned changes :in the property's use.
Mr. Bob Wade, owner of the property was present and stated it is
his intent to develop this property in a proper manner, he also
stated that the Morley Company still has expressed an interest in
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the property if th ~ could ne~otit:~te witf~ a nor tenant for the
proposed shopping.
'' Mr. Wade emphasized his concerr7s th,~t if the zoning on this
property is not secure it rnakc:~a it increasingly difficult to work
with developers on future projects,
Mr. Wade assured the board that there are other developers
interested in the property and if his plans for the property were
to change he would consult the City.
Mr. Evans stated hc: felt it would be advantageous to the City if
the property were zoned R-2, because any future proposal, such as
a shopping center would have to be developeyd within a Planned
Unit Development.
After further discussion, a motion was made by Mr. Evans to
recommend to the City Council that the zoning be changed to R-2,
seconded by Don Smith, the motion was denied by a 5-3
vote.Members Smart, Johnson, DiCamillo, George, and Carden voting
nay. Member Smith, Evans and Sargent voting aye.
There being no further business the meeting was adjourned.
John N. ~'ar^gent, ~hariman
ATTES~("
Ja e P. Warren, ~~~
P anning and Zoning Clerk
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