Planning and Zoning Commission - Regular Meeting

Good evening everybody, I'm Dan Martin chair of the planning and zoning commission and presiding officer this evening's meeting. Welcome to the meeting of the curbside planning and zoning for September as a way to provide you guidance to you are gas. I want to take a moment and explain what you should expect this evening to prepare to participate. Tonight we have 3 items for items on the agenda. 1 does require a public hearing, which was advertised and while that item will be part of what we'll decide on, there'll be open discussion before we. Take any action there was an agenda at the door you could have picked up on the way in, or you can still pick one up if you'd like, if you plan to have input, we have to ask you step to the podium. Say your name and you will be and your address in Kirksville and then you'll be limited to no more than 5 minutes at that time. We may call you back up at a different point. If you choose to. So we'll call the meeting to order at 6.01 PM. Could we get a roll call?

Yes. Mr. Chrisman?

Here.

Here.

Here. Right. We've got a damn before. Can we turn this down a little bit? It seems like I'm echoing some fears. Okay. Thank you.

Wow. You're waiting. All right. So there's a, an agenda has been sent out and there's an order of the agenda. Is there any staff report changes or additions? Okay, there are not here and there are no changes. Uh, can we get a motion in a 2nd that we approve the order of the agenda? So, we've got a motion and a 2nd, all in favor with the voice vote say, aye, aye, aye. Opposed say, nay. And abstention, so that passes the minutes for the regular meeting on August 12th were sent out in addition. There was the. Um, the study session minutes were also sent out at this point in time, we would, uh. Get a motion in a 2nd that we approve all of those minutes as set. I'll make that motion so 2nd, so we have a motion and the 2nd, was there any corrections that anybody see anything different or that wasn't as you recalled it. Okay, so we'll move to have a voice vote to, uh, accept the minutes as said all in favor. Say aye. Opposed say nay. All right the minutes are accurate as sent out. Um, and there was really no action required on the special, um, study session in it. So, seeing no old business, the 1st, order of business will be, um. An application to rezone the vacant lot located on that 700 block of West Gardner Street. And that's parcel ID 13-02.0-04-003-22-02, excuse me, .0000 from R3 Multifamily Residential District TO C1 LOCAL BUSINESS DISTRICT. SO WE'LL CALL THIS PUBLIC HEARING ON THAT REZONE TO ORDER AT 6.04 P.M. Could we get a staff report, Diane?

Of course. Good evening, Chair and Commissioners. The property owner of this lot in the 700 block of West Gardner owns also 816 North Osteopathy, which is contiguous. This is a body shop. He bought the property together. It has historically been considered the same track by everyone that had it. The owner bought it in 2009. The vacant lot has been used in support of the business on the adjoining lot. A prior owner added a door, like a garage door and an exit door, and used it for a drive-through. I went out and looked the street, there is no drive to the street, it's sidewalk, there's curbs. So past use and past city planning documents show this as commercial property, even though it's not zoned as such. He only found out when he applied for a building permit to put a shop building, or a temporary storage building, a private storage building. Another prior owner called and asked what we were doing, because that's always been commercial. I said, well, no. So even though the future land use map shows that as residential historically, and I included a 1975 map showing it as commercial in your packet, the current property owner had no reason to question the zoning when he purchased it. If it is approved, it will allow for future business expansion. It will clean things up. And he has already had, he's been very proactive. He very much intends to go through with this. He's already got everything ready to do a lot combination. So it will all go together. If you have any questions, I'm happy to answer.

Okay. IF THERE'S NO QUESTIONS OF DIANE AT THIS MOMENT, THEN WE WILL MOVE INTO WHERE WE HAVE PUBLIC INPUT. AND IF ANYONE IS HERE WHO WOULD LIKE TO SPEAK IN FAVOR OF THIS ZONING CHANGE, NOW WOULD BE THE TIME TO SPEAK. IF THERE'S NO INPUT AT THIS TIME, WE'LL ASK IF ANYBODY HAS INPUT. THAT MIGHT BE OPPOSED. Okay, hearing nobody want to talk at all about this, we'll close this public meeting at 607 PM and we'll move into item number 2, which is the rezone the request to rezone that vacant lot. And Trish, would you read the recommended motion?

Recommended city council approve a request to rezone lot three of block three of rice's summit addition to the city of Kirksville Missouri from our three multifamily residential district to see one local business district That is that same one with that we just talked about staff report edition Oh Second we have a motion in a second Was there any additional staff report at this time?

The only thing I would like to add is this would actually allow the property owner, who's had it since 2009, to utilize that property. And given the longstanding, openly commercial use of the lot and his pending lot combination, staff does recommend this rezone be approved.

Okay. This is where we would go into commission discussion of the motion on the floor.

Yeah. The neighbors next door were notified, right, of this hearing?

Yes. There was notice given to every property owner within 185 feet, which we have actually had input from a couple that were shocked that it wasn't already commercial.

Yeah. And the property across the street on... Osteopathy, that's commercial.

I kind of feel like maybe it was just an oversight a long time ago, but I don't know that.

No, I was just going to say, I think with the 2040. Future kind of a plan and where we know. Parcels have been cobbled in certain neighborhoods and trying to clean up some of this. Moving this to commercial makes so much sense. That's my input. Bruce or Betty sorry.

I don't understand how a lot could have been commercial and then got changed to residential.

Was that in the idea when we recodified and tried to?

I could not find where there was any change. I think it's just as always well i can remember when i was small carvitas being on there and using both but um i just think it was an oversight because if you look at that 1975 map it very plainly shows it as being commercial use is there any other commission discussion at this time

Is there any citizen input, questions, or anything about this property? All right, we'll get a voice roll call vote on the motion on the table.

Mr. Christmas?

Yes.

Mr. Heckert? Yes. Mr. Hopkins?

Yes.

Professor Dr. McLean-Niles? Yes. Mr. Robb?

Aye.

Dr. Sexton? Yes. Mr. Thompson? Yes. Chair Martin?

Yes. So that motion passes. Item number three on the agenda is a major subdivision, the proposed final plat for Shandy Farms, plat number one of the City of Kirksville, Missouri. Would someone read the recommended motion?

Recommend City Council approve the final plat for Shandy Farms, plat number one of the City of Kirksville, Missouri. Second.

We've got a motion and a second. Is there a staff report about this right now?

Yes, sir. We have been working with the developer, and we do have several representatives here, to finalize the plat. It is now being submitted. The preliminary plat was approved on June 24th here at Planning and Zoning and by Council on July 13th. Rezoning was also done at that time. Most of the details on the final plat do match what was on the preliminary. The final plat has eliminated the proposed sewer main extension as it was determined it actually is not necessary because they can access it from Baltimore Street. Also, an ingress and egress easement extends to the east from that Hammerhead Court, the private street, to the property owner on the adjoining east side. The developer will be extending a water main alongside the private street and installing a fire hydrant. They are going to install it with a cap so that for future development, should it be needed, it can just be tied right on to. When it's completed and if it's built to city standards and approved, we will be asking the council to accept that into the city's inventory. Construction of this is guaranteed. There is an accompanying agreement and a performance bond with the standard timeline that it has to be done. All of the required plans and documents, including the signed easements, warranty, everything necessary has been submitted. We do also have the signed agreement for improvements and the performance bond. Approval of this goes along with objective 6.5, manage the responsible growth and development of Kirksville. Since it will stimulate economic growth in that area and create additional employment opportunities when the plaza tire is up and going, staff does recommend that this plat be approved.

Commission discussion on the motion. I did hear you, sir. Oh. That's where we're at. It's citizen input in a minute. Okay. But the only real shift from the preliminary plot is where the sewer ties in. Correct?

Okay. And I think the water, correct me if I'm wrong, the water main extends a little further to the east than originally. We put it actually clear down at the end of Hammerhead Court instead of just partway down.

Addition of the discussion from the commission. Hearing none, is there any other citizen input, questions?

Here to answer any questions if necessary.

Okay, I say we move into a roll call vote. Teresa, on the motion on the floor.

Mr. Hecker?

Yes.

Mr. Hopkins?

Yes.

Professor Dr. McLean-Iles? Yes. Mr. Roth?

Aye.

Dr. Sexton? Yes. Mr. Thompson?

Yes.

Mr. Christensen?

Yes.

Chair Martin?

Yes. The motion passes. All right, item number four. is what I think is like an annual review of ordinance 12747 regarding procedures disclosing potential conflicts of interest and substantial interest of certain municipal officials. Staff report on that?

Yes, this is just a bit of housekeeping. The Missouri Ethics Commission does require that municipal officials Disclose any personal conflict, personal private interest in any bill, and then abstain from any voting. It is considered a best practice for the boards and commissions to follow this too. This is no different than the city has passed every year for a very, very long time. I just wanted to review it, see if anyone had any questions about it.

Commission discussion on the item on the agenda.

The only thing that jumped out to me was in the staff report it says that this sort of the last italicized paragraph says that employers who paid him or her more than $500. But when I looked at the bill Section 2B, there's a portion that talks about $10,000 or more, and another portion that says $5,000 or more. Is it supposed to be $5,000 on the report, or is there something that I missed that's $500?

Well, yes, to answer both. If you read above, this is the city policy that the city manager must file. the disclosure, if anything, if she had substantial interest. Taking it from the statute itself and the actual city council, that's where you get into the $10,000 to $5,000. But the idea being that since we require the city manager to disclose, it seems prudent to have boards and commissions follow the same policy.

I noticed also that the September 15th is the do it before that and we're getting pretty close.

Right. And council has approved this. So the city's is done. It was approved on August 24th by council. I am merely reviewing it with you just to keep it in everybody's mind, I guess you'd say.

Okay. It will reflect in the minutes that we've all heard the conflict of interest statement and that we are bound by the disclosure. I don't think we vote on this, you guys. Yay or nay, we're bound.

This is just your gentle reminder.

Yes. And then it will be in the minutes for the state and everybody else to realize we've done this. There's staff comments here at the end, and I know I'm just going to say we're having a public hearing and special meeting on the data center zoning amendments on Wednesday. Next Wednesday, September 16th at the same time. 6 PM. Truman State University, Baldwin Hall, which is a room 102. The address is 100 East normal and they also call that the small. Theater. I do confuse that occasionally also would like to bring up that our November 2nd Wednesday of the month is on Veterans Day and the city is technically closed on that day so the idea that we're just trying to make sure that everybody's aware this could move to the 4th or the 18th I don't know if people have their schedules right in their head, or they realize which 1 might be more favorable. We're just trying to get a feel if, um, if we have to have a meeting, because we have, um, business to transact if it would be better. Or worse 1 of those dates, I will be out of town on the 18th. Okay. HOW ABOUT ANYBODY ELSE KNOW OF A CONFLICT IN NOVEMBER THAT MIGHT KEEP THEM FROM ADJUSTING THEIR SCHEDULE AWAY FROM THE SECOND WEDNESDAY? SO YOU COULD NOT MAKE THE FOURTH? NO. OKAY. BUT YOU COULD MAKE THE 18TH?

YES.

Anyone else have an idea of their schedule or a preference? I know I'm available on both of those sides.

Yeah, either one's fine with me.

And we'll let Diane and maybe Sonia let us know what the plan might be and whether we all get the call and it's an either-or or something that might come a little earlier or a different way, but we do know that. we'll lose at least one of those present at either date. Yeah.

I'll verify what we do have coming up on the agenda as I know ahead of time and see if it makes any difference one way or the other.

All right. Could we get a motion and a second for adjournment?

I just wanted to mention that I assume that I hope that the Lincoln School may be on the agenda in the coming... Can that be in October? Yes.

The Lincoln School, they filled out a nomination form for historic landmark. It does go to KHPC tomorrow. Then, of course, you have to do the public hearing notice. So it would be at the October 14th meeting that if KHPC recommends we proceed, that we have a public hearing, and the commission would consider that a recommendation to council.

What I'm remembering about the last historic preservation, we had 6 or 7 items that had come in through the course of a year and we acted on those as 1 meeting. So, are we now moving to doing this individually as they come up?

Okay.

I was just seeking that clarification, actually, if this was how we are going to.

Okay.

I was going to say typically my plan would be to bring them to you as they come. Okay.

Okay. Just making sure this part is just a question I would have.

Also, since you mentioned the October 14th meeting, I wanted to let you all know that I will not be here. Ashley will be covering for me. My daughter's getting married and I will be traveling back. So I will have everything sent out to ready for Sonia to send out to you and the agenda.

Okay. Can we get a motion and a second to adjourn?

Move to adjourn. Second.

Second. We're adjourned at 6.23 p.m. Thanks.