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HomeMy WebLinkAboutOctober 3, 1978 Planning Commission Meeting October 3, 1978 - Council Chambers Meeting was opened by Chairman Halley at 7:40 P.M. Roll call found the follow- ' ing members present: Emery, Loveland, Mann, Messmer and Nordby. Absent were members Waldron and McManama. Also present were Bldg. Official Ritchey, City Administrator Kucera, Engineer Hendershot and Secretary Stamper. Minutes of the meeting of September 19, 1978 were approved with corrections of phrasing on top of page 4 from "can" to "may" sign the mylar, in motion by Loveland, seconded by Emery with all in favor to approve the Minutes with the correction noted. Correspondence & Public Appearances Request for Marion Bull's Subidivision for rezone of property located on west side of West Pine Villa Subdivision known as Tax Lot 10400 J.C. map page 37 21Y lOBC currently zoned R-F (residential-farm) usage. Public Hearing date set for November 14, 1978 to consider the re-zone request. Representative Michelle Young was present. - Dicussion regarding the 1st scheduled meeting in Novembers falls on the up- coming election night. Motion by Emery, seconded by Messmer to make November 14th the 1st regularly scheduled meeting of November. Carried with all in favor. Old Business A. John Sargent property located at 1847 Scenic Avenue with Coddy Middendorf as agent present who produced set of plans showing a partitioning of the property into 2 large parcels. Discussion held. City Engr. Hendershot showed ' that the property has 2 areas of concern; 2 heavily-trafficked intersections; if rear of houses would be to Scenic Avenue. If developer constructed a cul- de-sac as had been proposed, would rob owner of approximately 2 lots. The backing into traffic onton Scenic from those houses having rear to Scenic is unfeasible as traffic will increase at Scenic Ave., North Third and Tenth St. intersections because of Fair Groun&,activities at the Expe. City Administrator Kucera read Mun. Code section 16.12.020 - "creation of ways". More discussion. Member Emery recommending Plann. Commission refer to City Council to waive exception to this particular parcel of land becuase of its uniqueness. Applicants were requested to re-draw plans showing private way for access of all lots and with asphalt difference on Scenic Ave. to front lot lines of those lots facing Scenic. Request also to show the asphalt drive of 24' without curb and gutter but with drainage plan. More discussion. Motion by Emery to approve the applicant's concept drawing to develop property accord- ing to existing ordinances with recommendation to g ovide a private drive of 24' asphalt, private street standards as set by Planning Commission; deed re- strictions for private street maintenance by homeowner's association. Motion seconded. Applicant to come back to Planning Commission for review at their October 17th meeting with the recommended changes incorporated into the plans. B. Green Glen Subdivision Unit #2. Report by Bldg. Official Ritchey that everything was in order; recommendation that the sign-off of the Final Plat mylar of the construction drawings be executed. The mylar was signed by Chairman Halley and returned to representative Michelle Young for filing with ' the Jackson County Clerk's office. Planning Commission Meeting October 3, 1978 - Council Chambers New Business Public Hearing Conditional Use permit scheduled to hear the request of David and Doris McClure, 656 Rose Valley Court, J.C. map 37 ZY 11AC for Tax Lot 4900 Lot 6 of Block 4) was opened as the next order of business. The McClures were present and explained that they desired to establish an "Amway distributorship" from their residence; having 1 business meeting with Amway reps. 1 day each week and delivery of goods approx. 1 day per week in Valley Estates Subdivision Unit #3. Proponents were invited to speak. None came forth. Opponents were invited to speak; Arnold Wihtol of 664 Rose Valley Court objected as he did not purchase property to be part of a commercial development. Michael Bormutb, 635 Rose Valley Court !!has 2 small children and delivery trucks make for increased traffic. It is a cul-de-sac without any parking places" Shirley Zietner of 643 Rose Valley Court - "bought first house in the Court and paid $600. more for the cul-de-sac lot. Bought that location on purpose and does not want a busi- ness in the neighborhood." Karen Wihtol, 664 Rose -Valley Court asked "Would it affect their property taxes and valuation?" Mr. Dave McClure (applicant) stated it would be only a part-time business- and would not affect the neighborhood. Jackie Bormuth, 635 Rose Valley Court spoke of delivery trucks into neighborhood and driving fast to make their deliveries! No one else wished to speak, the public portion of the hearing was closed. Member Messmer asked of the applicants how may people would attend these weekly meetings. Answered by McClure 6 to 10. City Admin. Kucera cited another Amway distributorship formerly on Cupp Drive that had to be cited into Court because of violation with code as a business within a neighborhood not allowing such. The court battle was averted when the occupants moved out. Staff report prepared by Bldg. Official Ritchey was read by Kucera. Findings. Municipal Code page 257 dealing with Home Occupation; Item A was read. Motion by Messmer to deny the request and accept the findings recorded was seconded by Member Mann. By Roll call vote, all in favor to Deny the request for a home occupation at'656%Rose Valley Court for an Amway distributorship was carried, unanimously. Right of appeal process to the City Council is available to applicant. Public Hearing to consider the request of Mary Snyder of 810 Freeman Road for a Conditional Use Home Occupation Request was next. Mrs. Snyder desires to conduct a ballet class and an adult physical fitness class at that address known as J.C. map 37 2W 1111C, Tax Lot 9700, Lot 10 of Block 4 of Valley Estates Unit #1. Appli- cant was present and explained her project. Proponents were invited to speak. None came forth. Opponents were invited to speak; Mrs. Allen Beck of 1074 Beall Lane at the corner of Beall and Freeman Road spoke (although not in the City) and objected to businesses being started in the R-1-8 residential zones. Money to purchase homes is invested property and should be kept residential and not commercial. Planning Commission Meeting October 3, 1978 - Council Chambers New Business (continued) ' The public portion of the Hearing was closed. Staff report prepared by Bldg. Official Ritchey was read into record by Chair- man Halley. City Admin. Kucera read Man. Code page 257, Item A. Question to . Mrs. Snyder of how many children would be in the ballet class with daughter. She answered "4". Same question asked of the adult fitness class, she responded "4". Classes would be 2 afternoons per week for adults plus 1 call on Saturdays for the children's class. Discussion. Findings. Motion to deny the request for the home occupation at 810 Freeman Road was made by Member Mann, seconded by Messmer and to accept the Findings. Roll call vote, all in favor to accept the Findings and deny the request for a Conditional Use Home Occupation for Mary Snyder at 810 Freeman Road. Right of appeal process to the City Council is available to the applicant. Miscellaneous Matters Minor Partition request made by Cliff Motes and Lawrence Leonard of Sdowy Butte and Glenn Way was explained by City Administrator Kucera; although not an agenda item of business. Water and Sewer most go in before paving is completed and paving is due to be started any day. Mr. Kucera stated he had been approached by Mr. Motes and learned of the proposed minor partition altough the minor parti- tion application nor fees have been submitted; but if partitioning is going to be done, the Public Works Department can, at this time, designate where the sewer and water lines can go before the paving starts! Mr. Kucera stated he procedur- ally sees no problem and referred to the J.C. plat book of maps. A map prepared by City,Engr. Hendershot was exhibited. Citing pre-existing conditions, the applicant must be made to comply with our City ordinance requiring legal des- criptions, etc. Motion by Member Mann to tentatively approve the Minor Parti- tion if applicant fulfills all obligations and fees paid and be required to reimburse the Developer (Willcuts?) of costs incurred; these costs to be determined by City Staff. Motion was seconded by Loveland. Roll call vote. All in favor to tentatively approve the request with the conditions as outlined. The motion carried. Member Mann inquired if specifications were available for curb cuts, paving of alleys, etc. for Planning Commission knowledge for hand-outs to the public, especially those applicants who must comply with that type of requirement, if necessary. Discussion. City Staff is trying to update their specifications and drawings so that copies will be available- when time allows! Discussion held on using City crews to make all driveway cuts. Bldg. Official Ritchey stated that the City did not have enough personnel to take on this additional workload. Member Loveland submitted to the Secretary a list of trailers being used within the City limits (being lived in on private properties) contrary to Ord. 5.32. 040 of the Municipal Code; 68 Freeman Rd. , 842 E. Pine, across from 443 North Second, rear of Kingdom Hall on Oak. Other areas covered in open discussion was lack of visibility in seeing Stop sign at 8th & Pine on north side, because ' of tree; and dirt on sidewalks at corner of Rock Way & Inglewood Court. The Planning Commission recommending to the City Council that action be initiated to eliminate abuses of those utilizing trailers on private land. Planning Commission Meeting October 3, 1978 - Council Chambers Miscellaneous Matters (continued) Reminder to all present that the Planning Commission had scheduled a Study Session to meet with the City Council to study the Planned Unit Development Ordinance on October 4th. No further business, motion to adjourn was made by Member Mann, seconded by Nordby. The meeting adjourned at 10:18 P.M. with all in favor. Planning Commission Secretary