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HomeMy WebLinkAboutApril 20, 1982 I E City Planning Commission Meeting City Hall Council Chambers April 20, 1982 MEETING CALLED TO ORDER Chairman Orrin Frederick called the meeting to order at 7:10 P.M. ROLL CALL Present were Chairman Orrin Frederick and Commissioners Garth Ellard, George Freeman, Louise Novasad, Owen Christy, and Pat Himmelman. Commissioner Chuck Piland was away on business and could not attend. Also present were Council- members Paul Golding, Dick Halley, Donna Higginbotham, Dewane Hood, and Jewell Faber. Mayor Don Jones and David Kucera were also present. . APPROVAL OF MINUTES April 6, 1982 Planning Commission Meeting Commissioner Freeman pointed out that on Page 3, paragraph 3, it should read April 8, 1982, and not April 9, 1982, and on Page 5, paragraph 2, Chairman Frederick, and not Commissioner Freeman, asked a question of Myron Corcoran and Victor Kosmatka about a "loop" kind of street. Louise Novasad made a motion that the minutes be approved with the noted cor- rections. Garth Ellard seconded. Roll call vote: Christy, yes; Ellard, yes; Freeman, yes; Himmelman, yes; and Louise Novasad, yes. The motion carried. CORRESPONDENCE No correspondence was brought before the Planning Commission at this meeting. BUSINESS A. Joint Planning Commission-Council Discussion of Nonconforming Uses and C-4 Uses. Mayor Jones started the discussion by stating that he had just never realized how important this nonconforming use would be, and the recent request by Mr. 8' s Meat Service really brought it "home" to him, as the meat market is a noncompliance in a C-4 zone and a convenience market is a permitted use. His feeling is that a meat department is a part of a convenience market, and individually those departments should be allowed in the C-4 zone. He summarized by saying the Planning Commission and the Council have got to get together and "tune up" the zoning regulations. He also stated that he is not satisfied with the amount of conditional uses in C-2 and C-4 zones - that 80 to 90% should be allowed permitted use. After a lengthy discussion, everyone felt a work session is definitely in order, so a meeting is set up for Tuesday, April 27, 1982, at 7 P.M. at City Hall in the Council Chambers. Planning Commission Meeting April 20, 1982 Page 2 B. Minor Land Partition Request, Lewis R. Collins, Applicant Administrator Kucera advised that this is an item that appeared on the April 6, 1982 Planning Commission Agenda, and that as a result of that meeting, was "tabled" until Planning Commission could get further direction from the Council regarding Variance procedures . The Council , at their April 8, 1982 meeting, decided the Planning Commission should continue to discuss this item and use existing Variance procedures. Administrator Kucera referred to his Staff Report, dated April 16, 1982, and reviewed the conditions for granting a Variance, etc. Everyone referred to the April 6, 1982 minutes regarding this Minor Land Partition request wherein Mr. Collins pointed out that this property is a hardship to him because he is 75 years of age, his wife suffers from arthritis, and he can no longer keep up this property. A lengthy discussion followed by the commissioners regarding whether or not a hardship existed, or that Mr. Collins had received oral committment from the City sometime ago, and that other properties in the same area are divided. George Freeman made a motion to deny therrequest, but no one seconded it. Garth Ellard made a motion to accept the Minor Land Partitioning Request. Commissioner Christy seconded. Roll call vote: Christy, yes; Ellard, yes; Freeman, no; Himmelman, no; Novasad, yes. Motion carried. Chairman Orrin Fredericks announced a short recess at 8:55 P.M. The meeting was called back to order at 9:13 P.M. Administrator Kucera prepared a Resolution, No. 52, Recommending Approval of a Minor Partitioning and Variance Request at 141 N. 5th Street, which he read to the Commissioners. Commissioner Ellard moved to accept Resolution No. 52 as presented, and to authorize the chairman to sign. Louise Novasad seconded the motion. Roll call vote: Christy, yes; Ellard, yes; Freeman, no; Himmelman, no; Novasad, yes. Motion carried. C. Resolution Authorizing Meat, Poultrv, and Seafood Sales and Fruit and Beverage Stands as Permitted Use at 920 Pine Street Administrator Kucera referred -to the Staff Report, explaining that Mayor Jones had been asked by Mr. Bartley, owner of Mr. B's Meat Service, to have his existing use expanded. Therefore, Mayor Jones asked staff to prepare two Resolutions for Planning Commission's consideration, one Resolution ruling that Meats, Poultry, Fish and Seafood sales and Fruit and Beverage Stands are allowed uses in the C-4 zone, and the other Resolution proposing to change Mr. B's Meat Service nonconforming use from Class "B" to "A" . Planning Commission Meeting April 20, 1982 Page 3 It was Mayor Jones 's recommendation to pass the first Resolution, (that Meat, Poultry, Seafood Sales and Fruit and Beverage Stands are allowed uses) because a meat market is compatible with a convenience market. Pat Himmelman made a motion to approve Resolution No. 53 Authorizing Meat Poultry, and Seafood Sales and Fruit and Beverage Stands as per- mitted Uses at 920 Pine Street. Roll call vote: Christy, yes; Ellard, yes; Freeman, yes; Himmelman, yes; Novasad, yes. Motion carried. D. Request for a Partial Site Plan Review Application, 163 South Front Street - Applicant, Walt Veldink Administrator Kucera read the Staff Report by Chris Winney, dated April 12, 1982, advising this is a request submitted by Walt Veldink of the DynaMart Real Estate Group, who is representing an interested buyer for the property, who would like to open a fast food restaurant. The property is zoned C-5. Staff feels that the request for a partial site plan review of the proposed drive-up window should be approved in concept, but that a full site plan review will be needed later. A discussion followed with Mr. Veldink on whether or not he desired a a conceptual approval . He decided to resubmit his request for a full site plan review at the next Planning Commission meeting. Chairman Orrin Frederick entertained a motion to continue the meeting past 10:00 P.M. George Freeman made a motion to have a 10 minute recess and then continue with the meeting. Commissioner Christy seconded the motion. Roll call vote: Christy, yes; Ellard, yes; Freeman, yes; Himmelman, yes; Novasad, yes. Motion carried. Chairman Orrin Frederick called the meeting back to order at 10:25 P.M. E. Stonecreek Subdivision Unit III Administrator Kucera explained the proposed plat submitted by Gary Whittle and the request for a preliminary plat extension, request by John R. Hanson,'Attorney, who is representing Mr. Whittle, and advised action would be, to approve an extension of time in order for the developer to file the final plat. Pat Himmel made a motion to extend preliminary plat approval for six months, with the original conditions and approval of proposed phase plan. George Freeman seconded. Roll call vote: Christy, yes ; Ellard, yes; Freeman, yes; Himmelman, yes; Novasad, yes. The motion carried. Planning Commission Meeting April 20, 1982 Page 4 F. A Resolution Authorizing Martial Arts Schools as Permitted or Conditional Uses in All Commercial Zones Administrator Kucera explained that this matter was on the April 6, 1982 Agenda, and at that time a motion was made to authorize Martial Arts to be adequately covered under a conditional use or permitted use in all commercial zones, and specifically a permitted use in C-3 district. He further explained that the Resolution is a suggested procedure from staff to Planning Commission and that the Resolution states that Martial Arts Schools are hereby ruled to be allowed as permitted uses under C-3 and C-5. Garth Ellard made a motion to approve the Resolution, No. 54, Authorizing Martial Arts Schools as Permitted or Conditional Uses in all commercial zones. Louise Novasad seconded the motion . Roll call vote: Christy, yes; Ellard, yes; Freeman, no; Himmelman, yes; Novasad, yes. The motion carried. Commissioner Freeman made a motion to adjourn the meeting and Commissioner Pat Himmelman seconded the motion. Roll call vote: Christy, yes; Freeman, yes; t Novasad, yes; Himmelman, yes; Ellard, yes. Motion carried. Meeting adjourned at 10:35 P.M.