Planning Commission - Regular Meeting

Ready? Yep. We'll call the meeting to order with roll call. Genslinger here. Dunl here. Hoid here. Oscaroo here. Schmidz here. Sunny Bathy here. We have a quorum. Any conflicts of interest to declare? Hearing? None. We're moving forward to approving the agenda. Move to approve. Second. Second that we approve the agenda as presented. Any further discussion? All in favor say I.

I. I. Oppose. Nay. Motion carried. Next item would be to approve the previous minutes. Move to approve the meeting. Second. Got a motion and a second to approve the minutes. Any further discussion in the audience? Ready to vote on. All in favor say I. I. All oppose. Nay. Motion carried. Next meeting would be May 11th. Move to set the date. Second.

Motion and a second for May 11th. Any further discussion? Ready to vote. Then all in favor say I. I. Oppose. A motion carried. First item on the agenda is conditional use permit for Chelsea Pruscha. She's applied for a conditional use permit for family residential daycare located at 10:08 East 7th Avenue. Legally described as lot 13 block 3, Robert Wilkinson's edition. Sedreal property is zoned R4 Highdensity Residential District.

Notices were sent out to the neighbors, post of paper, signs posted. There were two responses that were in your packet that were in favor of the conditional use. Um, applicants here, if you have any questions for her, she has passed the fire inspection already um by the fire department. She had previously had a daycare at this location a couple of years ago. It's has lapsed in the six months, so she's reapplying for another conditional use application. Answer any questions you have or like I said, she's here if you have any questions for any issues come up with the previous No. You guys have any questions for us? Ready for a motion?

Move to approve with three conditions. Second. Got a motion and a second to recommend approval with the three conditions. Is there any further discussion? Does the audience want to address it? Are they even the applicant? I think we're going to approve it. So, handbook to review. Very good. We're ready to vote. Then all in favor say I. I. I. All oppose. Nay. Motion carried.

Next item is a conditional use permit for JTRT Advertising. They've applied for a conditional use permit for 1063 off premises signs over 300 square feet to a maximum of 600 square feet. Located at 21101 North Main Street. legal descriptions in the packet. Real property is owned HB highway oriented business. Mark,

this item number eight and number nine um pretty much go together. Um they are requesting the same thing. It's just in our sign ordinance, it's a variance and in the zoning ordinance, it's a conditional use. With talking with council, it was best to go with both of them just so that all the eyes are dotted, te's are crossed. Um and have separate motions for the two of That's why it's two separate agenda items. Um notices were sent out to neighbor signs were posted published in the paper. There was one response opposed. Um that's in your packet. There's no um comments with it. Just that they are opposed to it. Um this is along a DOT rightway. Um so they will also be required to get a permit from the DOT. Um since it's in city limits, they wave their fee but still has to uh meet their requirements. Um there was some concerns about the location of it for um site concerns from the map that you have in front of you. DOT has met with them on site and come up with a location that they are okay with uh for sighteline safety. Um so I will try to get that from the applicants. Um but then they also gave a rendering um of what the sign will look like for a 16 by 24 digital billboard on both sides which meets our ordinance for their setbacks or size except for the conditional use. Um can only be 500 feet from another off- premise sign. Um so with DOT and us it does meet all the regulations. It's just the conditional use for this over 300 square feet um in highway business.

All right. So, first up is the conditional use permit. So, under 300 is permitted. 300 to 600 is conditional use where we get a little bit of a say. So, this is our chance. My question was already answered, I think. Is there any traffic concerns? Sounds like they're addressing that. Yep. We don't have anybody here for the opposing site, so I don't get to hear that. My concern and that that was a big sign.

It looks great right there, but you know, you go 500 feet away was from keeping any of those other businesses in the area trying to put up a big sign like that also. And then all of a sudden we have six of these great big signs down that part of town. You know, if you do one, it's kind of hard going be kind of hard to say right no for the next one. Setting a precedent. Yeah. First come, first serve. I mean, you got to stay away so many feet away. So that person is out of luck. Yeah. Do we have an idea of how far 500 ft is from that property or from the sign location?

I did a little I know the park is involved and I believe the lot for sale, they cheated to the west on the empty lot that's for sale next to garage, they would be allowed. right here. So you could put one top of Murphy's. No. Or Chromemer is that within 500 ft.

So Chromemer's

500 ft would be about right there. So you could still put one in front of Chromemers at 500 feet away. Um going Depending on where it exactly was on their prop, it'd be I don't know if you could get one because you have to be also 10 feet away from property line. So that might push you too close to being within that 500 ft on Clawson's property there. Um unless they ask for a variance. That's right. You could skip the correct and go 480. You could still do it. Yep.

So draw a circle at that center point. That's 500. Theoretically, that's who's locked out, right? There you go. The car dealer could shop good. A lot of them there. Chromemer still could.

So, there's the 500 feet from another off- premise sign. You have to be 100 feet from an onremise sign. You have to be 50 feet from um an intersection including alleyways or approaches to um to get into chromes or to get into Coburns. There's other regulations that go with it as well, not just the 500 ft. But also as for advertising, if you have one here you're competing against here, are you going to sell another sign at this location? I don't know how that side of it would go. Are do you want to compete that close with somebody else?

Mark, is the 500 ft uh city requirement or DOT requirement? A DOT requirement. So, we would not have a say in that. DOT could hold the line or they can give them a variance. DOT will not give variances. They don't. No. So, it'll be 500 ft. So would the do have any jurisdiction?

As long as it meets their other requirements for the 500 foot and which it would um and if there's can be 100 feet away from their on premise sign if they can meet all those. Um right here is the off premise in our zoning ordinance or signed ordinance. Is this going to be digital or is this digital? And the 500 ft would go if it's under the 300 square feet or over the 300 square feet.

500 is 500. 500 is 500 for a digital sign. We have some digital ones down the sandburn, don't we? There's a digital in front of the old subway or freedom gas station. Um there's one in front of Planes Commerce Bank. There's one in front of Walmart and there's one on the bypass. Those are the ones that I believe are all How big are those? Those are just under I believe they're all 288. So these are double that size. Not quite double. This is 388. So it's about a third more. Most of them are 12 by 24. And this is 16 by 24.

If we're going to have a sign, I guess that's not the the worst place. That's not bad place at all. Also have the digital I mean pressure makes the more advanced technology such I think it's a good I believe it's actually going to say like Oh, I that's what they told me. Say something.

I was at the Jeff was there with his partner. They said it's not going to be just normal. Obviously, you don't normally see a digital billboard with stone like that. So, they're going to make and there's I don't talk too much because I don't know, but I know I looked at doing super expensive.

Well, I'm in favor, so I'm going to vote yes. I may take the motion first to approve it. So, we have a motion for an approve of conditional use. Second. And a second. Is there any further discussion?

Well, I would just like to say that I do I do like the way it looks and I think that it'll be really nice. I am concerned that someday down the road we could end up with more of them, but that's not enough. that end. I I would be interested to know why Chromemers did not want it, but obviously with them not here, I would probably go ahead and support. Any other comments? We're ready to vote then. All in favor say I. I. All oppose? Nay.

Motion carried. The next item is the same application but for a variance. Correct. notices were sent out. It was published in the paper. Signs posted for it all. It is just it's not in the zoning ordinance. It's in the uh sign ordinance for the variance portion of it, but it's the exact same thing. The one response was also against this for the variance because they received two different notification letters for it. Sure. Any discussion as it relates to variances? I move to motion. and a second. Any further discussion on that motion? Hearing none, we're ready to vote. All in favor say I.

I. All oppose, nay. Motion carried. Next item on the agenda is a hearing and recommendation for an ordinance amending 109H view on foster planned unit development district. Ethan Co-op Lumber is requesting to amend 109H view on foster plan unit development district. They are requesting 109H name be amended by deleting Ridge View on Foster and adding Lake Ridge 109H3F maximum building height be amended by deleting two and 1/2 stories or deleting 22 feet and adding 25 ft. Mark

y notices were sent out to neighbors signed posted published in the paper. Um I did not re receive any formal letters um for or against it. I have talked to two neighbors. They have no issues with it at all out there. Um how this came about was um back when Ridge View on Foster and Lacage were both becoming PUDS at the same time. This was back during CO the codifier put the wrong name on this PUD and the Ridge View and Foster PUD is actually no more because that got taken out and is now R3 and R4 in that area. There's no Bridge View on Foster PUB over there, but this one got named that for whatever reason. Um, one of the homeowners in this location came for a building permit for an accessory building and per their ordinance down here, it's 22 feet. So, it' be changing the red ridge of Grand Van Foster to Lake Ridge. And then down here at maximum building height, it was going to be 23 and 1/2 ft tall for their access accessory shed. And I asked Ethan, I said, "If you guys are going to continue to do these sheds for the bigger lots, let's quit doing variances and change your PUD because it's their PUD." And they agreed to do that. And then I just asked them if they would remove the two and a half stories like we're doing in the regular ordinance, just straight height.

Straight height. And this is that development up on the north end of town by the lake there. Correct. Yep. It's offer 37 um north Harmon. And as this continues to develop, my assumption is that the PUD would also continue further south, but they'll have to add that portion in once it gets because it's supposed to be about 75 lots out there total with the three different phases. Okay. Any questions, guys, comments?

We're ready for a motion then. Approve. Second. And a second. Motion and a second to approve the hearing and make the recommendation. Any further discussion? Hearing none, we're ready to vote then. All in favor say I. I. All oppose, nay. Motion carried. Next item on the agenda is a plat for Boyd Rhyess. Legal description is in the package.

Boyd is requesting to plat out a piece of his ground. Um retaining the house and then creating a lot two. It was previously just the whole half a block was as one parcel. So he's loting out lots one and lot two for that. um he's be working with the city for a project down the road for that area. Um lot one does meet all the standards for um zoning size for lot width, lot depth um coverage and then lot two also meets the zoning requirements for there as well. Can answer any questions that you have.

Any questions or comments? Move to approve. Have a motion and a second to approve the plat. Any further discussion? Hearing none, we're ready to vote. All in favor say I. I. All oppose. Nay. Motion carried. Next item on the agenda is a plat for Paul and Barbara Wilson, Terresa Wilson, and Joan Jüki. Legal description is in the packet.

This is outside city limits but within the three miles. So, city does have to hear this as well. Um, county has not heard it. They'll hear it at their May meetings. Um, they're doing some estate planning is what they're doing. Um, dividing up the land that all of moan together into three different tracks. Um, it meets all the requirements for uh the county as well. They're not putting any residents on there, which wouldn't matter because theirs is 25 acres and these are all over 25 acres. It's their zoning jurisdiction, not ours. Can answer any questions that you have. Any questions, guys? Move to approve.

Second motion and a second. Is there any further discussion on the motion? Hearing none, we're ready to vote. All in favor say I. I. All oppose? Nay. Motion carried. Any other business come before this board. Seeing none, we're ready for public input. If you need to address the board on an item that was not on the agenda, excluding personnel items, please come forward to the podium and state your name and your concern. Presentations are limited to three minutes. Items will be considered but no action will be taken at this time. Seeing we have no audience we are ajourned.