##VIDEO ID:PUaVcxK8ALA## this conference will now be recorded all right call the meeting to order Planning Commission Tuesday November 12th it's like we have full full board here um is there a motion to are there any changes to the agenda is there a motion to approve AC as it is second uh discussion I have one discussion on the uh the burg with the uh the the Pud for the to the for the reduced front yard setback is that is that going to get memorialized and anything like in a developers agreement or okay okay good 30 minutes agenda pardon me agenda or minutes sorry been one of those days agenda uh all all in favor say I I POS stain carries 70 now on to the minutes from the last meeting any issues there typ on my name and item one I know this that too yeah Deber very ger I was not in attendance at the meeting so I can't particularly comment on it but the um item 3B the second sentence just reads a little odd um there was a claric clarification that driveways would come on out 9th Street so I don't know just classic double preposition card on to we approve the minut second all favor say I I I post stain carries seven or seven on this six z z Oh Jon's not here yet is Jon coming so I'm not sure 60 sorry uh uh let's see we could uh before I open the public hearing at 5:35 you think you can filibuster for two minutes Kurt on explaining where we're at uh so this is today will be a public hearing for approving the nielson's drive-thru well not approving the drive-through but rezoning the land that neel's own for their drive-thru uh that land those two Parcels are currently zoned residential 3 and if we approve it today it would be moved to commercial 1A like the grocery store is uh due to the fact that it's an extension of the business the driveway you can see on your on your in your packet was approved by the county uh there will be screening placed on the west side to for cars obviously their headlights will be going in there um and the city will place stop sign in the appropriate spot and I'm trying to think if there's anything else I missed on that yeah there's anything else I missed please let me know curious if they said how they're going to handle sem when they're unloading semis there no it's yeah it's all you know hopefully won't run over people that's my first thought what if there's one there and uh I know we're getting ahead of opening public hearing but what if there is one there and I'm I'm driving through it's will they just shut the window down for a few minutes do you think five minutes 10 minutes okay oh maybe I'll I'll just it's five 35 I'll just open the public hearing and then uh before if anybody has questions they should identify themselves and or comments and uh sure so now if the hearing's open any question or any response to that at all please we have a semi there yeah if we have a semi there um you can still get around the semi as you go through we'll have delineators up along the county road there as well um depending on we have different size semis that come in if it's too big we will shut it down but if it's one that's like a shorter bed or whatever you can still go in front of it you know obviously it's parked go along follow the line and go through the whole deal so anybody else have questions comments my question if there is no sem name speak Fred rash if there is no semis there what'll keep them from turning out on the county road then there's those delineators I was talking about they're like these they're not permanent post but they're like things you see on the center of the highway yep okay you'd have to run one of those over okay I do okay then the only other question I had is um the purpose of the public hearing is to get input from whatever is is this is this a norm that we do a public hearing after the project is done or resoning so they from residential to commercial because the extension of this driveway is essentially an extension of a commercial use so but but resoning does that usually come after the the project is done you you know what I'm saying yeah right no this was Nor normally it doesn't normally normally the resoning should come before the project is done okay try to and then the other question I had why why went we reone it like c1a does not allow a drive-thru but C2 does so I would we reone it to a C2 then c1a we had variance passed several months ago to allow a drivethru through c1a right that was a variance because it didn't allow a drive-thru correct so but what I'm saying why don't we reone it to allow the drive-thru then cuz do you I'm just why you went reone it so it's I don't know if there so it works without allows drive through Maybe down here C2 says I don't remember long progression you have any recollection Brian to remember what what we discussed there uh why we didn't go that route um I think the whole store fits in the c1a um and then I know there was discussion about the drive-thru is not facing any residential something along those lines I believe that's the drive-thru window itself uh the discussion about this driveway is it's not that's not the drivethru the drive-thru window uh was already allowed in the c1a uh this is a driveway uh to use for the drivethru of course but allowed as an accessory use uh the actual window itself I mean that was water under the bridge that was previously right yes yep I don't remember that whole discussion on that um uh but I can't answer the question uh about so often times uh in a project like this when it's a a driveway like that um and it's on land privately owned land um we will give the uh the owner heads up that hey you know you can proceed at your own caution Nick I think that's what we had told you what Kurt had passed along you can proceed at your own caution um we still need to have the public hearing on the reone of it um and they chose to proceed um pending the public hearing so so Fred to answer your question sometimes that's the way it goes um you you um um make concessions like that to facilitate these these developments and and these type of things I have a definition of the C 2 Highway would you like me to read that from before uh C2 Highway um not relevant this one no okay that's out by the highway okay not right copy not just on the road anybody else have questions comments or requesting more information on the reone I remember right uh rezone typically is there's been a change in the proposed use or the original use was incorrect well I guess the change in the proposed use was were extending a a driveway connect to a commercial use so that would be the rationale for approving a rezone here were there any other comments from joining neighbors were they worried about traffic heading out the up up that residential street yeah second okay the thought processes they'd be well I suppose they could head to Mill Street but they'd probably be heading out on uh exiting on um County six the county road anybody care to make motion any I'll move we recommend approval for the city council to approve the rezoning of these two Parcels to C1 to mat the adjacent meain parcel c18 C1 c18 I'll second that any further discussion not all in favor say I I I opposed Asain carries 6 thanks for input Fred uh now on to 5 a yeah so this is tabled from last time our last meeting in October uh just review uh Jennifer Walter and and Glenn proudfoot they live at 450 Lancaster Boulevard and then Leah witchman at 455 SEO Lane are looking to purchase land from Driscoll Southside properties which their land borders uh proudfoot and Walter would acquire 16570 Square ft witchman would require acquir 6,583 square feet both are for personal use um it's pretty much review of what we were looking at and I spoke to Matt and what Matt recommended and correct if I'm wrong Matt uh one of the best ways to do this and another thing is these are in two separate subdivisions correct two separ visions uh if this land is uh Allowed by the owner to buy they would both be rezoned R1 the owner subject to home occupation limitations and the ordinance which so that they want to put a shed on there uh Mr pfoot has said several times like to put a we're going to call it a shed an accessory building on that and he can't put it on there unless he needs a primary residence on that spot so by making the new land R1 like his current land he would be able to do that um if we tie the two lots together uh let's see what else was I say I spoke with Mr Driscoll today and he's open to one of the reasons why this got tabled was Mr drold made a statement that he would like to see it stay industrial and speaking him today uh on the phone he he's up for whatever I want to make it residential great he just wants to help these people get moving in this getting their land going so that was one of the reasons why it kind of got tabled from last meeting yeah enough issue where person need to actually just think about about it for a little while instead of Mak some sort of snap decision at the last meeting yeah I I honestly feel you know since this is the entrance of the subdivision that uh you know the witchman plot that's that's small enough where it it definitely needs to be rezoned and and tied to the the witchman main house so that they don't get in trouble with the if they left it industrial like we talked about last time um you know they try to sell or mortgage there's going to be problems with the secondary Market because they don't want any industrial type of zoning attached to a dwelling so definitely wit on needs to be rezoned and then deed restricted or tied to the the main lot in my offer fourth you say de restricted so they couldn't sell that lot off separate from the house yeah and then uh we did same thing with uh Jimmy Lan's property up on my off for second instead of requiring a replay we did a red restriction but um but then on the Proud foot that you know that's a bigger lot it could be a standalone lot but uh I I just feel unless he's planning on making that shed some sort of major commercial type of Enterprise if it's more just a hobby me yeah we're we're creating basically one huge lot uh definitely has to be uh if if if we allowed a standalone shed and didn't rezone it so that it stays industrial then conceivably somebody he could number one sell that lot off to somebody else somebody else could now turn that into some industrial type of use which you know might conflict with the residential feel as you're heading in into that whole subdivision I think to be fair to the neighbors it's that should also be rezoned residentially even though it's a larger lot could be a standalone industrial lot if if needed to be but if the planned use is more like just a hobby and plopping a shut on probably the same principle um rezone and and deed restrict the two and you couldn't have that as a separate lot because you couldn't put a shed without being a principal residence right correct right so almost have to deed restrict the two again and and I don't you know that would require a a public hearing just like the reone and the neelson and neighbors would have an opportunity to come in and and ask questions but um yeah we are we the The Proposal is allowing one giant lot with a with a shed attached to that house I don't know if that's highly objectionable or not but so it be a potential rezone on both these if these were changed to our to residential zoning ises that affect the setbacks for the business on the other side any activities over there that was going to be my question Tom I had a question on that I don't remember no I don't think so they were they had enough clearance from the building because you kind of see the building there I did look at that U there's plenty of space for there yeah it would not that's what is it I two so I check set if this was to become true and it would fit plane isn't it back there around the building seems like it is where are you looking custom iron I think is a fire lane you would think behind the big building it would be yeah CU there's no other access to it from a city street to get to the back side of the building where is she if we left that larger lot next to Proud foot a standalone lot I2 then yeah is there another there'd have to be a different access and is there one on the backside if not then the only access would be on Lancaster so that'd be about the first be another curb cut and access uh to this industrial lot that right at the entrance of this nice subdivision I just don't feel very good about doing that I guess the question how does that lot laid is it is it would it be buildable if somebody wanted to put a house or something on that other lot it's pretty steep what I was thinking um but yeah you could build it I mean you could potentially build a house on it but there's quite a bit of grade change speak sure and its present Condition it's it's not buildable it's a big BM and it's covered with trees and then on the backside it drops down about 20 feet so you really you really can't build anything on that portion so we want to most what we want to build would be an accessory building would be on our property but we need that other property we we plan on maintaining it all as Woods just the way it is just so that we uh can stay within the limits of the footprint so you know you can only have so much of the property developed so that's why we needed is so that we can build mostly on and what is our property right now and I'm also thinking that if the case comes along that we ever do sell it and someone does want to uh change it then wouldn't they also have to go through all the resoning and and all the committee talks and so forth before they'd be allowed to do that you mean convert it back to Industrial yes if if it was reson as residential for us and then we solve a lot in 20 years or whatever then wouldn't anyone that buys that if they wanted to change it to do an industrial thing they'd have to have it rezoned and yeah again so then it would all come up in front of the committee again where it could be denied you're not but again if there was a deed restriction on it then the two lots would be tied together in any sale like said with WIS too y you'd have to sell or mortgage both of them together yeah yeah is that is that acceptable that's what we want we just want it as one residential property y and then uh I don't know what was the possible proposed size of the shed well when uh I read all the codes and everything it says that the to that area is 1 th000 square ft right so what we're having we're planning on Accessory building not like a tool shed so it's going to be a th000 square feet and there's going to be a section of it that's going to be used for storing the roto tiller and the lawn mower and so forth the bicycles and everything and then the other portion is the portion that we want to turn into our own personal Pottery Studio so that we can go out and and throw pots that's our hobby that's what our plan is now and then we also have you know the right now we've got the exercise equipment in the third day of the garage we be moving that to the building so the treadmill and the Bice so yeah it's a an accessory build multiple use is what okay it won look like a shadow like so what do we need to do about this actually two tax Parcels there to the West aren't there so if we proving minor subdivisions I still don't think we're going to run a follow the ordinance as far as you know allowing more than one split of of a parcel in less than five years because we're going to tie the tie the Lots together you know was almost like a merger but not quite because we wouldn't necessarily be replatting so I think we're okay on that do you what do you think on that cot Stu my head I can it's going to be about a $100,000 sh that's what it's going to be so would be let's see are the surveys done yet or not not yet okay s there a note today well there there probably going to have to be a public hearing for both approving a a minor subdivision as well as a rezone so um if the commission wants to go that route or suggests they go that route and then you'll probably have to get the certificates of survey done before the hearing and then we take a look at it and probably be approval of minor subdivisions reone andri deed restrictions all kind of discussed been purchased already no we're waiting to see if we're going to be allowed to do what we want to do because if we're not then yeah you could do like some sort of contingent purchase agreement if you want to I don't know or is it just a handshake with Terry yeah well ter sure been with him we went to his lawyer and we discussed it there yeah trying to remember what side yard setback it was in an 92 is it just like 20 feet or something yeah uh think it's 30 well side your I don't think maybe they're they're maybe I I2 probably doesn't have front or side at the most it's 20 feet yeah I think it's uh I2 is 15 I front is 40 15 side and rear yard is 25 okay that'd be a side wouldn't it yeah rear rear yard what did you say was Ryan 25 but even at that I think it's back far enough anyway isn't it there's 50 there yeah you have to get going I don't no I just say we have call for public hearing then or what do we do well they the property owner would have to bring it right I mean we've we've accommodated like scheduling one and then assuming they're going to come in with uh with their sign application otherwise we can push it out another yeah does that sound like half a plan or do would do you what what we're talking about is usually we have to that these things take a public hearing just like we did for neon's and uh you know we could schedule one for a month out uh but in the meantime you'd have to the both of you and maybe Terry would have to um come into City Hall and sign an application for for the various requests otherwise we'd have to I guess cancel the public hearing if you didn't do that you for sure want to reson it to residential right so that's going to have to happen regardless and sounds like the way your plan use is maybe it makes sense to do the same thing so we could have a public hearing on all those issues but if you want us to schedule one for the next meeting we could but it' be sort of incumbent on you to come in City Hall and fill out the paperwork pretty soon I can do that we can do that what is the cost for a res tell you bring the paper right now reone application $350 and then would they have to do a minor subdivision too Matt yeah yeah I don't know I guess I'll leave that up to staff if you want to combine them all into one or if you charge different just I'd like to point since at the last meeting you mentioned that uh some of the resents may not like accessory building to come off the side you mention on so we actually have been looking at the property in my life been looking at putting it behind the house and moving our our garden because you brought that up so we y we definitely considered it now we've Stak this out so far if we come on here we would only have to remove about four little trees if we did it that way if we came right off because it would be 30 by 30 or 33 by 33 go all the way to here without disturbing this bur like said we're considering right back here as it liation I don't know if it matters that much but I I guess if you put yourself in the shoes of the neighbors driving by would they prefer it tuck back behind the house I don't know be nice aestic everyone that we've talked to thinks what we're doing is a good idea yeah yeah I mean we're not trying to be disruptive or critical we're just trying to make sure it's done right and minor subdivision good so when they both need to be done you'll see on there's there's a check mark at the top you just Mark both those rezone and minor subdivision and then you'll fill out the rest of it which isn't hard let me know if you got any questions okay if you're uh full uh steam ahe hat on it do would you like us to schedule the public hearing assuming that you'll get the paperwork filed soon with City Hall should a to do it till January if you feel better doing that be early January would be the second meeting will the prices go up I don't think so right now good question December I postp yeah I mean one day you have to get the notice in the paper 14 days this week just didn't want you to let's say they say uh two we need to think about this more then you get the hearing in the paper and it's like oops I feel like it might be safer to do it in January because then you're not scrunch for time and know for sure what you want to do I know you know what you want to do but it'd be for sure but it's up to you guys we don't want to do anything to it because most of what we are going to BU goes down the hill we buying the air no I mean if for a public hearing to have all your information to have it all ready to go it's not what you do to your land is up to you but I just need to know when you want to have the public hearing for the reone if you'd rather have it in December or wait till January to make sure you got everything with Terry set out fine yeah maybe is there a big difference between having the hearing in December versus January maybe you need to fill out that take your time filling out that paperwork deal with Terry a little bit more on sort of purch agreement with contingencies maybe we're rushing things by trying to be over accommodating for you maybe you just want to wait till January I think it is pen isn't it think you have your certificates of survey in by next meeting that part I'm not sure of I know Terry talked to the surve today but I'm not sure what their schedule is well if you get it in by next Friday Kurt then you're still going to have let's see one two three 10 11 12 days letters going out to everybody within 350 ft which is and then I'm just nervous that if you don't have everything ready to go that's a lot of letters to take back but both certificates or just the one that's building no they're both being resed and they're resoning nothing to do with the building applications then you can act on it I mean where you can set the public hearing and then Kurt can do the mailing well probably would even have to be till next Friday right and and what do they have and then if they decide not to do it they're still going to pay the money for the effort that was put in it's piece of cake Sur survey so it's just the survey that's the biggest thing you can f that paperwork out do you think you can get the survey done that's the biggest question yeah but he can they can let you know or no we need to yeah I don't know without a survey done yet just seems like January be a time for you but whatever will you explain to me why we need to get minor subdivision to split out your little piece from the bigger parcel owned by Terry but ours is going to be connected right to our to our land did that make we need to approve the the your triangular piece that you're buying from Terry we need to get a survey and we need to approve it either through a minor subdivision or to replat it replatting is more expensive because it's dividing the person that's the reason because that existing parcel goes all the way across like you see up there and you'll be purchasing just that corner of it so that's the that's what's considered the minor subdivision change so it's splitting that parcel and that's what that requires yeah I if it doesn't matter that much maybe it maybe it' make more sense to do what you need to do and then we'll come back in December and and maybe schedule the public hearing for January is there that big of a diff difference between uh revisiting it in December versus January especially if we need to get the certificate survey in I mean I know how busy surveyors can be you're not able to I mean you'd have to purchase the property there's from a timeline persp perspective right like the work that you would be doing wouldn't happen until spring time right so there's not a a need to have it done now in December I mean you you want to purchase the property and so that process has to happen but the actual moving ahead on your project wouldn't occur until Springtime January yeah there's one complicating glitch uh whenever you split property out of a larger parcel the county won't record Deeds unless taxes are paid in full on the entire parcel so I don't know why Terry's building is on these multiple Parcels instead of one giant parcel but if we waited until January then Terry's going to have to Pony up property proposed property taxes due in 2025 in January on both those two southernly large Parcels which I don't know it's got a little bit of a building in there it's probably not cheap versus that's why a lot of people will do splits in minor subdivisions at the end of the year November and December because taxes already paid up then you don't have to come up with a bunch of extra cash to pay taxes in January so that could be then yeah that's a good point and then uh Council would have the meeting right after the zoning meeting to possibly approve it and then you'd have to get those deeds recorded by before the end of December if you want to avoid making Terry pay a bunch of taxes in January you don't care about that he he might yeah oh right now the only way that I can answer that is well I can't answer that because we don't know about the survey yet right we we need to get that information well if we scheduled public hearing and waited to uh and then let staff uh hear from you whether this can happen and and then if staff says nope it's not going to work then do you have staff as have authority to kick it out to January we want to do that yeah yeah all right anybody want to make a motion we I'll do I move that we schedule a public hearing for this topic at the December 10th meeting at 5:35 contingent on the paperwork being approved that work yeah discussion all in favor say I I Carri 60 thank you I know you probably thinking what what's why are we making such a big deal out of this but we do have to comply with ordinance uh what else anything else or we uh we're pretty much done there you said all done all done okay meeting adjourned thank [Music] youy H this Dr oh okay