HomeMy WebLinkAbout005 25 78 Recessed MeetingPLANNING AND ZONING MINTES
MAY 25,1978
Minutes of recessed Public Hearing on the land use ordinance, held in
the city municipal building, May 25, 1978.
Meeting called to order at 8:20 p.m.
Present: Chairman Dee Stalder, Commission Members: Janet Williams, Dwain
Kinghorn and Mike Metcalfe. City Attorney Don Burnett and Deputy Clerk
Dorothy Ward. Commission Member Becky Hopkins joined the meeting at
10:35 p.m. Dell Peters was excused.
Chairman Stalder opened the meeting for imput on the land use ordinance.
Chapter Four - Design Overlay District and Criteria
Section 4-1, Page 23, third line after word "commercial" add "and
industrial"
Chapter Five - Planned Unit Development
Section 5-6, sub-paragraph (a), Dwain Kinghorn questioned the 10%
allocation for land to be developed for parks.
Attorney Burnett explained in the land development ordinance the developer
gives land to the city for a park and the city administers; in this
instance PUD retains the ownership and administers.
Attorney Burnett recommended to add to Section 5-6, subparagraph (a) that
the area so reserved may be credited under park land development in the
land development ordinance.
Section 5-8, Page 27, John Alder said that 15% was low for density,
that there should be an incentive for developer.
Amend to read "Council may authorize an increased density of up to
25% of the allowable number of structures or inhabitants as appropriate".
Sub-paragraph (a) and (c) strike 5% and amend to read 10%.
Page 30, add sub-paragraph (c), Where any information required by
this section is substantially similar to information presented by
developer in compliance with the city's land development ordinance such
information may be utilized for both purposes.
Change sub-title heads (c), (d) and (e) to (d), (e) and (f).
Chapter Six - Non-Conforming Uses
Section 6-3 and 6-4 where words "area" and "width" are used, strike,
and substitue "density" and "minimum lot width".
Chapter 7 - Administration
Section 7-4, strike "Limited Upon Variances" and substitute "Variance".
Variance section be supplemented by additional paragraph, after Section 7-6,
to read: providing who may make an appeal ( the applicant, property owner
or occupant within 300 feet, or other person who can demonstrate substantial
or immediate impact; how anappeal can be taken) by written request
and payment of $20.00 fee unless appeal taken by applicant; ( and when
an appeal can be taken five days after Commissions decision).
~Chapter Eight - Enforcement - reviewed by Attorney Burnett.
Chapter Nine - Miscellaneous Provisions - reviewed by Attorney Burnett.
Chairman Stalder said this completed the land use ordinance and asked
if Commission Members were ready to make a motion.
A quorum was present at this time.
Commission Member Becky Hopkins made a motion that the Planning and Zoning
Commission recommend that the City Council enact the land use ordinance, with
the following changes from the original draft presented to the Commission:
A. Page 3, sub-paragraph (n), the lines 4 and 5, the language
"complete, including major appliances and" be stricken.
B. Page~6,1ines 7 and 8, the words "the Mayor, upon consultation
with," be stricken.
C. Pages 7 and 8, replace Schedule of General Controls in original
draft with the more detailed Schedule of General Controls proposed by
Commission Member Metcalfe and attached to these minutes. Page numbers
to be adjusted as needed.
D. Page 9, Table of Height and Area Regulations be replaced by
the revised table prepared by Commission Member Metcalfe and attached to
these minutes; further, that a foot note be added to the table stating,
"In any district, the minimum side yard width of a corner lot, from the structure
to the lot line adjoining a street, shall be 20 feet."
E. Page 5, Section 2-2, lines 9 thru 12, the words "such conflicts
shall be eliminated by revising district boundries upon application of
land owners or upon transfer of title to affected properties, by sale, gift,
testamentary disposition or any form of conveyance" be stricken and the
following be substituted: "such conflict 6hall be eliminated by ordinance,
following transfer of title to property or request from the landowner(s),
when the City Council finds such action is timely for orderly transition of
affected neighborhood(s)."
F. Page 14, sub-paragraph 12, line~3, strike 100 square.feet and
substiitute'200 square feet~ ]
G. Page 16, sub-paragraph (n) 1, strike the words "solid 6 foot,high"
and substitute the words "solid 7 foot high".
H. Page 16, under Recreational or Entertainment, sub-paragraph 1, strike
200 square feet and substitute 100 square feet.
I. Page 17, sub-paragraph 8, strike 400 square feet and substitute
300 square feet.
J. Page 22, Section 3-5, sub-section (c), at line 1, strike the word
"automotive" and add after the word "vehicle", the word "camper"; and
further, at line 6, following word "trailer" add the words "or detached camper."
K. Page 23, Section 4-1, line 6, following the words"satellite commercial
establishments" add "and industrial areas"; further, on same page:
Section 4-2, line 2, following word "shall" add the words "comprise
and be co-extensive with all commercial and industrial districts" and
thereafter strike the words "be located".
L. Page 26, Section 5-6, sub-paragraph (a), add the following sentence,
"The city may allow a credit for lands so reserved against dedication
of park land otherwise required by the city's land development ordinance."
M. Page 27, Section 5-8, line 3, strike reference to 15%, substitute
25%; and further, On line 4, at the end of the sentence add the words
"or inhabitants, as appropriate."
N. Page 27, Section 5-8, sub-paragraphs (a) and (c) strike references
to 5% in each sub-paragraph and substitute 10% for each.
O. Page30, add new sub-paragraph (c) (re-numbering other sub-paragraphs
consecutively), such sub-paragraph (c) to read as follows: "Where any
information required by this section is substantially similar to information
required to be presented by the developer in compliance with the city's
land development ordinance, such information may be utilized for both purposes."
P. Page 34, Section 6-3, lines 8 and 11, strike at each line the word
"area" and substitute the word "density", and further on each line to insert
prior to the word "width" the phrase "minimum lot".
Q. Page 35, Section 6-4, line 1, on this page, insert, prior to the
phrase "lot width" the word "minimum: and substitute the word "area" for
the word "density"; further with respect to lines 4 and 5, on this page,
to make same change; and further, with respect to line 7 on this page,
strike the word "area" and substitute the word "density".
R. Section 7-4, page 37, change the title, "Limitations upon Variances"
to "Variances" and establish a sub-paragraph (a), entitled "Limitation".
S. Page 38, following the end of presently constituted Section 7-4,
create a new sub-section (b) of Section 7-4, entitled "Appeals", which shall
include language specifying who may take an appeal (owners or occupants of
lands within 300 feet of the proposed variance, or other persons who can
demonstrate a substantial and immediate impact~ from the Commission's
decision); how an appeal may be taken (by written communication to the
City Clerk, together with payment of a $20.00 fee, unless the appea~.~i is
taken by the applicant); and when an appeal,~may be taken (within 5 days
following the Commission's decision).
T. As to the appendices, that the map be labelled as Appendix B.
Commission Member Janet Williams seconded the motion
Commission Member Mike Metcalfe moved that motion be tabled until June 8,
1978, at 8:00 p.m. Dwain Kinghorn seconded the motion. Voting was unanimous.
Chairman Stalder asked that the minutes of the meeting held May 18, 1978 be
read by the secretary. Mike Metcalfe made motion to accept the minutes as
printed and previously handed out. Janet Williams seconded the motion. All
voted in favor.
Chairman Stalder noted next item on the agenda was the public hearing on
the land develpment ordinance. Commission Member Mike Metcalfe made
motion the public hearing remain open and be recessed until 8:00 p.m.,
June 8, 1978. Becky Hopkins seconded the motion. All voted in favor.
There being no other business the meeting adjourned at 11:20 p.m.
Dee Stalder, Chairman
Dorothy L. Ward, Secretary
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