Planning & Zoning Commission - Regular Meeting

Luke's gonna be running that one. Andrew on Zoom. We got Andrew on Zoom. Yeah, I'm here. I can miss you. We got you loud and clear, Andrew. Thank you. Perfect. Y this and we'll rock and roll.

All right, we're all set. Ready, everyone? I will now call to order the September 8th, 2025 Planning and Zoning Commission meeting. The time is 5:46 p.m. Hillary, would you call the role, please? Eaton here. Henders, Thompson here. Stiger here. Samuelson here. Forest Reganator

here. Item number three is the approval of tonight's agenda. Any changes to the agenda for this evening? Hearing nothing, I would entertain a motion and a second to approve tonight's agenda. Samson a motion. Thson seconds. All in favor say I. I. Item number four is the approval of the August 25th, 2025 minutes. Any changes to those uh draft minutes?

Hearing nothing, I would entertain a motion and a second to approve the August 25th, 2025 minutes. Second motion. Thompson second. All in favor say I. I. I.

I'd like to welcome the guests that have joined us here um in person and also those on the Zoom tonight. Um, are there any members of the public who would like uh to make a comment on an item that is not on tonight's agenda? Okay. Hearing nothing, we'll move on to our first substantive item. It's a public hearing and recommendation on a zoning amendment to change 1.6 acres at 84.81 and 84.85 854 45th Lane from AR Agricultural Reserve to RE1 Single Family Rural Estates. Uh we'll open the public hearing at 5:48 p.m. Elliot, would you brief us on this item, please?

I sure will. So, this is a request from the owners of both of these lots. Um, they currently have a house on 8485. 45th Lane, which is the parcel bordering 45th Lane. Um, I'm going to zoom in on the map here for a little bit more context. So, the building that you can see within uh this parcel is the residence of the applicant here. Um what they are requesting is for a reasonzoning of the back approximately third of their lot as well as a lot further to the west that is a separate parcel of land. Um it's not reflected in my parcel imagery here but the um the area within this boundary was split off with a plat of survey a little while back. the county assessor doesn't reflect those changes until there's a transaction. So that's why if you try to load that on beacon, it doesn't appear. I don't know why they don't show that line work, but they uh they don't. So um hopefully that's not too confusing. What the uh intent here is for the applicant to get the resoning completed and then sell um both the piece of property attached to their or formally attached to their home lot as well as the piece of land to the west and then combine those pieces of land in order to form a development parcel. Um the reason that they are seeking to do both is related to um providing a little bit of frontage onto a detention basin that's being modified back here. It's um in progress in the aerial imagery here. Um but then also because with agricultural zoning, the setbacks are gigantic and really makes it rather restrictive as far as where

they can place a house. Um because this is adjacent to development that kind of matches rural estate residential with twoish one and a half acre lots um just containing a house each. We thought that the re rural estate zoning made sense. It would also give a larger building envelope for the buyers of the property to construct a house. So that's the summary. I'm happy to answer any questions and um as I mentioned before, the applicant for this is on the call. Great. Thank you, Elliot. Would the applicant or the applicant's representative like to make a comment uh on this item?

Um we are actually we're at 8481 45th Lane and the property that we're trying to make residential is 8485. Great. Got this backwards. Apologies. Sure. Yep. No worries.

Would the Would any member of the public like to make a comment on item number six that's here in person? Can you ask a question? Absolutely. If you'd just come up to the microphone here and we'll just need your name and your address, please, for the minutes. Sure. It's Molly Baker. Hi Frank and Misty. Uh 7988 Adam Street. We're immediately adjacent on the property. Um my question is how many homes can potentially be put on that property? One. Just one. Okay. Y that's my question. Thank you. Perfect. Thank you.

Would any members of the public who've joined us on Zoom like to make a comment? Any questions from the commission before we close the public hearing? Just to clarify, so they're going to we're going to reszone two lots, but when they sell, they will be combined into one lot. Correct.

Yeah. So, once once this uh reszoning goes through, we'll have them file a PL survey to combine those lots. Sometimes we like to have um it's cleaner if you combine them as opposed to do a lock tie agreement because then you're operating on technicalities as to whether or not setbacks can be met. That's you know gotcha. Not ideal. We'd want the front setback to be from the most extreme point we can rather than have a line down the middle. And the access to this new lot is through the existing parcel. Correct.

Yep. So the the the most recent plat of survey that split off the back third or so of this lot um also um contained a ingress eress ement um for that that back lot that's highlighted in turquoise on the screen. Okay. And then that sorry one more question. So that pond or retention pond that's getting redone is that is that privately owned? Yeah. Okay. Is there an HOA that owns that or is an individual? I think it's kind of uh Yeah, no HOA. No HOA. We just share in the costs. Okay. Yeah. Thank you.

Yeah, it functions like an H would, but it's just two people, I think, or maybe three parties that play play into it. Okay. I'm done now. Sorry. Any other commission question? Hearing nothing, I'll go ahead and close the public hearing at 554 p.m. And um commissioners, we can now deliberate on this item.

I think it makes sense given the plans for the property. It's like already one. It's already part of the district that's filled with it. So, yeah. That's annoying that they don't change the the lines until another transaction happens. Yeah. What's the point? Sorry. This is all just editorializing. Don't know. Sorry. I've wondered that for a long time myself. How would you Never mind. Sorry. Um Yeah.

Yeah. I I think it makes sense for what the intention of what um is going to happen with the property and um you know it the footprint of just the one home doesn't change with this change. If there's nothing else from the commission, I would entertain a motion to approve the zoning amendment uh that's proposed in item number six. Sam motion. Second. Sorry, Thompson can take it. Hillary, would you call the role, please? Stiger. Hi. Samuelson. Hi. Eaton. Hi. Thompson.

Hi. Reganator. I thanks everyone for participating. Item number seven is a request from Jerry's Homes, Inc. for the approval of the final plat of Hackne Hills Plat One. Elliot, would you brief us on this item, please?

Yep. So, this will be the first final flat in the Hackne Hills development, excuse me, just west of Shadow Creek Estates, um containing predominantly um private street rideway along with public street rightway for Welsh Avenue. Um 68 town home lots will be part of this in addition to uh private drives serving both of them. It's also setting up the uh the R4 style condo um buildings that are going to be in outlot T and outlot Z there is a storm water detention facility. So you'll see another uh site plan come through for the uh the condominiums at some point. Otherwise uh the prelim plat site plan yeah the site plan document for the town homes is already complete. Um, so this would be the final the final document to get approval from council before um building construction can start here. Otherwise, the infrastructure is um just about wrapped up. We're going to be doing a walkthrough of the streets and the utilities on a Wednesday. Um so sometimes we do that between P&Z and council. That's not unusual at all. Um that's about all I have summarily. I'll try to answer any questions for uh staff. We do have members of the applying party with us in the room tonight.

Would the applicant or the applicant representative like to make a comment on item number seven?

Good evening. I'm Jennifer Ellison with Jerry's Homes, 3900 Westtown Parkway, West De Mo. Just want to thank you for reviewing our final plat here for the first phase out at Hackne Hills. I'm here along with our engineer if there are any questions that we can answer this evening. Great. Thank you so much. You're welcome. Any questions or deliberation from the commission?

This is this could there was a lot of neighborhood push back from the neighbors to the north when this came through but all those issues were resolved in site plan things and this matches what was kind of the compromises they came up with.

Yeah. Essentially what you're seeing here is uh lot outlines reflecting what was approved in site plan. Okay. I'm good. Anything further from the commission? Hearing nothing. I would entertain a motion and a second to approve the final plat of Hackne Hills plat one. Motion Eden second. Hillary, would you call the role, please? Samuelson. Hi Eaton. Hi Thompson. Hi

Stiger. Hi Reganator. Hi. Thanks everyone for participating. Before we move on, can I make a quick remark about this project?

Absolutely. So, as you guys know, we've gotten insane amount of sky water this year, and one of the main remarks from the folks across the street was concerns regarding how storm water was going to be coming off of this project and affect properties to the north. There are several well two I guess primary coververts that go under Beardsley um taking water from the farm field um across those lakefront lots to the north. Those residents are very vocal about their concerns and uh we knew that as staff going into going into the wet season. And I just want to say that Jerry's Homes has been probably the most responsive group in terms of getting their erosion control contractors on site to help deal with issues that have arisen during the project. Um, so they've been good to work with in that regard and just want to give them some props on that publicly. So

yeah, thanks for sharing. Thank you. Thank you. George, I don't think has joined us tonight. or Holly. Luke, you're up.

Just me. Um, at the last P&Z, you all approved the ADU ordinance with the recommendation to council to use the smaller uh accessory setbacks. Uh, council did decide to uh move forward with uh the principal building setbacks, but then doing a special use permit for the smaller setbacks. So that's where they landed on that after some discussion. So um kind of maybe a a halfway point between the two. So providing that option still. Um so that'll go forward. And then uh we had some BOA uh board of adjustment uh variance requests that came through recently that kind of resulted in some both denied um but situations that kind of made sense. So we're kind of working with those applicants. might see some um zoning amendment requests anyway from those applicants. I don't know if uh council council will end up initiating that or not, but uh related to again the location of accessory structures and uh projections off of houses for steps and stuff. Just some things that uh might be necessary to clean up based on some of our lot sizes. So yeah, that's all I got. Elliot, any update for us?

Um, nothing. Nothing really aside from you guys saw my email today about the boo boo that I made. Um, and I guess Andrew and Howard, maybe Andrew first. Um, would would you be available to address uh an an additional item at a special meeting sometime middle of the day on Friday? Uh, that might work. I need to check my calendar. Okay. I'll let you I'll let you know. Okay. Yeah. And when you say middle of the day, are you thinking between like 11 and 1? Yeah. But yeah, between 11 and and yeah, one o'clock as a start time.

Okay. Yeah, let me check. I'll email you. Okay. And Howard, does that potentially work for you? Uh, it does work. Okay, perfect. Um, I guess expect to see an agenda item from me maybe tomorrow or Wednesday. It's um it's Shadow Creek Town Homes flat 4. Um, yeah, I just forgot to get it ready. It happens. So, um, they're they haven't told me this, but I know that sometimes abstracting can get complicated if you don't get council approval by an expected date. So, uh, thank you for being willing to do that. That's all I have for my update.

Thank you. Our next meeting, uh, our next regular meeting will be September 22nd, but please let Elliot know about your availability for that special meeting. Um, and now I would entertain a motion and a second to adjurnn. Sam motion. Thson seconds. All in favor say I. I. We are adjourned at 603. Thanks for joining on Zoom, guys. Have a good night. See you.