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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. a. • 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 2 • 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. 3 • 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. 4 • • 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. 5 ~, 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 6 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 0 7