Planning Commission - Regular Meeting

uh item on the agenda is the September 24th planning commission meeting minutes. Has everybody had a chance to look over? I make a motion we approve the minutes from September. I have a motion. Second. Motion to second. All in favor? I. All right. First item of business is Z2025-15 text amendment to 15.3 power and jurisdiction. Uh we're going to consider approval of a text amendment. At this time I will call on staff for report. Good morning.

Um there are three text amendments before you um today. We did publish them individually. So I have it on the agenda to do individual public hearings. So I'll probably do that a little differently. administrative wise next time. Um, but since there were three publications, I wanted to make sure there were three hearings. Um, but I will go ahead and go through each text amendment really quick. They're just very simple um, changes. I don't think any of them are really changes to like the spirit of the codes. I would say they're more just verbiage changes and cleaning some things up. Um, so the first one is a text amendment to 15.3 powers and jurisdiction. And this is just omitting item C in this section um that has to do with jurisdiction. And this will just revert back to the jurisdiction that's within the zoning codes overall. This section was specific to the board of zoning appeals, but there's no reason for them to have different jurisdictions. Um this one says board of zoning appeals only applied within the city limits. Um but the board of zoning appeals follows the same jurisdiction as the zoning regulations. So that would apply to our planning area boundaries as well. Um so that's just an omission of that item C. Um the second one that's before you today is a revision to 15.6 notice in conduct of hearings. Um and this one is how we as staff will administratively give notice after a hearing and after the board of zoning appeals makes a determination. Um so previously in the code it said that the board of zoning appeals would pass a resolution but after speaking to Erica or city clerk um we were in agreement that only the city council has the authority to pass such resolution and so we're mirroring language that's in the city of

Derby's zoning regulations for their board of zoning appeals in which staff will write a letter um with the approval of denial of say a variance any of the items before the board of zoning appeals and we'll send it to the owner and then we'll also file it with the registered deeds. That way if there's ever a title search done, the property sold, they'll be able to pull up that there was a variance approved um for that property. But it also show if there's a variance denied or no will that carry with it with that letter of

um so we will have to notify the property owner but we weren't going to file denials with the register of deeds but there will be a letter that goes to the property owner.

Um and then the third revision before you today is to section 5.5 and this is the table of secondary uses and structures by zoning district. Um, and this came about um, when we heard the dog kennel case and there was kind of some discrepancies on dog kennels were allowed in C3, but you couldn't have a playyard, like an outdoor area for the dogs. And so I felt like that was a little contradictory that if you had a kennel, you would want to have an outdoor space for the dogs um, to go to at some point throughout the day. even if it's not an overnight facility, even if it was a day facility, you'd want a place for those dogs to be able to be let outside. Um, so we were changing the secondary use table to allow um an outdoor kennel run or playyard in the C3, which matches the primary use of a dog kennel. Um, so if you have any questions, staff is here to help answer those. Um if not, we can just kind of go through and open the public hearing for each open and close a public hearing for each one of these cases.

I need open and close for each one. Yeah, we'll do it. We'll post one public notice next time. That's fine. I just that's why I was getting ready to ask. Anybody have any questions um for staff before I open the public meeting? Okay, good. At this time, I will open the public hearing for the text me for PI or 15.3. Any questions from the audience on that? No. Okay. Any questions from And they're riveting text amendments today. No comments from commission.

Okay. This time I will close that public hearing and consider a motion. I'll make a motion on Z 2025-15, the text amendment to 15.3 hours and jurisdiction approval. Okay, I have a motion and second. All in favor?

All right, motion carries. Next item, Z 2025-16 text amendment to 5.05 05 table of secondary use structures and structures by zoning district. Uh we will consider another approval for a text amendment. At this time I will do I need to Can I just go ahead and open that public? Okay, I'm just going to go ahead and open public hearing on that. Any comments from the audience on that? Anything from the commission on that? This time I'll close the public hearing and consider a motion.

I'll make a motion uh Z2025-16, the text amendment to 5.05, the table of secondary uses instructions by zoning district for approval. I'll second that. Motion and second. All in favor? I motion carries. Doing good.

Great, guys. Okay, third item. We've got Z2025-17, text amendment to 15.6, notice to conduct uh notice and conduct of hearing to consider another approval of a text amendment. And at this time, I will open the public hearing. Any comments? Feels like dja vu. I'm going to close the public hearing. And then you guys will consider a motion. No. Again, Dave. All right. On a roll.

I will make a motion for Z2025-17 text amendments to 15.6 notice and conduct of hearings for approval. I'll second that. Have a motion and a second. All in favor? Motion carries. Okay. Okay, we are moving on to item D, matters uh for the commission. So, I think Cammy's got a few things to go over with us.

Um, so what I didn't have on the agenda is that we will I will need you to make a motion to reschedu the October 22nd meeting for October 27th. Um, I know with the help of Susan, we contacted I think most of you um the other day to make sure that we could have a quorum on that date. Um, we will be holding a public hearing for a new subdivision um to do the resoning, the PDO, and review the preliminary plat and drainage plan that have been submitted. Um, so I would recommend that you make a motion to reschedule that meeting.

Somebody want to make a motion on that for me? I'll make a motion

from October 22nd to a new a new plat site drainage plan for new development. Yeah, second a motion second. All in favor? I and that should be the only item that day. Are are all of us that are here today gonna be here that Monday? Let me know. If that's what it is, I reschedule. I will reschedu. You'll reschedule. Okay. Okay. Um and then I know Jake said he could be here and Connie said she could be here. So I think sounds like we got Yeah, we'll have us all. Yeah, that's amazing. It's more than today. That does not mean we want to move the meetings back to Monday.

No. Just so the staff understands I'm still trying to get them to like lunchtime. No. No, I'm gonna keep working on it. Before we entertain a motion to adjourn, anybody in No, I'm just following. Yeah. Okay. All right. Just Just checking. I seen you out there, so you know, and we can Sam said he would touch base with him. Does anybody have anything else they want to discuss with staff? No. No. Are you going to get up and talk about that? No. I just I didn't want to be I just

didn't want to be overlooked. [Laughter] I was like I'll just go and see if they're talking about it.

Got the floor. Jim hit that motion. Motion to adjurnn. Second. All in favor? I I All right. Motion or motion carries. Bejourned. Two days.