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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_01132021PLANNING AND ZONING MEETING IONA COMMUNITY CENTER January 13, 2021 6:30 P.M. PRESENT: Chairman James West, Member Dee Johnson , Member Ray Hart, Member John Lott, Member Gary Elliott and City Office Assistant Rylea Farrens. ABSENT: Member Gary Elliott. VISITORS: Scott Kelly, Kurt Roland , Clark Morsbach , Devan Thompson and Dave Noel. Chairman James West welcomed everyone and asked Member Johnson to lead with the Pledge of Allegiance. Chairman West made a motion to add public comment line item on future agendas , after voting on the minutes and before the Items of Business. Member Lott seconds. All in favor, the motion carried. Approval of Minutes: Member Lott moved to approve the minutes for December 9th , 2020. Member Johnson seconded the motion. All in favor, the motion carried. Items of Business: Public Comment Chairman West asked for Public Comment, no one approached the microphone. Final Plat Application, Development Agreement, & Annexation Agreement-Sunrise Acres Chairman West asked for a representative from Sunrise Acres. Kurt Roland , Eagle Rock Engineering, representing the developer approached the microphone. He noted the size of the lots and the utilities available to each lot. Chairman West asked how they have addressed the conditions that were placed on them in previous meetings. Mr. Roland noted that the conditions were addressed on the development drawings for the final plat. Chairman West stated that the need for a preliminary plat for the neighboring lot, or a variance had not been addressed. Mr. Roland stated that they will potentially be starting the process for a variance. Mr. Roland asked if they could make plans for a cul-de-sac until the variance was approved. They discussed making the road 400 feet until they have the variance , and if it doesn 't get approved , they could keep the cul-de-sac. They stubbed the road for when Mr. Rockwood develops his property eventually, but if they put a cul-de-sac there the opportunity to connect goes away, and it becomes landlocked. Member West reviewed the minutes from City Council Meeting in November when the y approved the Preliminary Plat. He noted that they did not give an y stipulations for it to mo ve forward. Member Hart is concerned about landlocking the property adjacent to the plat. Mr. Roland mentions that they are getting an easement assigned to the city of 70 feet for maintaining water, sewer, and roadways. Chairman West noted that if they draw it with a cul-de-sac that would meet City Code. Mr. Roland stated that he can have the new drawing by Friday, but Chairman West worries that the neighbors would not have the updated plat with enough time notice before the City Council meeting. Mr. Roland states that he believes that the City would like to have the plat with the stub out, so that future development is possible. Chairman West agrees , but notes that it is part of the code for the adjacent property to be p latted before they can move forward . In the Preliminary Plat submittal , they were missing the v icinity map. This means that the recorded document would not have them. The final plat needed to include the missing information in order for people to be able to find the records for it. Chairman West reviewed the minutes from the City Council meeting in November when the Preliminary Plat was reviewed. He noted the changes that Planning and Zoning had required the developer to make in order for it to be approved . He asked for questions. They discussed what needed to be done for it to be approved. The developer must either have a variance , a cul-de-sac, or a plat for the adjacent property Member Johnson stated that the best option would be to submit the cul-de-sac and then submit the variance. He noted that Mr. Rockwood has agreed to the 70-foot easement. City Engineer Dave Noel of Forsgren Engineering approached the podium to note that the City Code states that a Preliminary Plat for Mr. Rockwood 's property is needed , and that the y have 3 years to decide whether the y will go through with a Final Plat. Member Johnson made a motion to approve it with the drawing of the cul-de-sac , or the 400-foot road that meets City Code, anticipating that will be changed in the future , based on the City Council 's judgement. Member Lott seconded. All in favor , motion carried. Variance Application -Elim Estates Chairman West asked if w e 've gotten any more communication from the Church in reference to their property. Devan Thompson , representing the developer came to the stand , and stated that they do not have an affidavit of interest. He stated that the variance is onl y for the Heaton Property. The Church 's property has a preliminary plat to show what the long-term goal would be . The developer has made an official offer on the property. He doesn 't believe that they will get the property, he believes that a separate neighbor will get the property. He is trying to find a solution that works in the short-term and the long term. The property owners to the north and west are opposed to the access roads. The purpose of the road would be safety, and so he will still stub out the road if they do not get the property behind the church. Fire code states that you can have up to 30 houses without a second or alternative means of egress . He mentioned that Rushton Circle has the same length . He stated that in short, the legal affidavit will be signed in the short term from the realtor. They made an offer, but the church had a meeting today and did not notify them. It makes a lot of sense to do a recorded access point, because they can give the neighboring landowner that access point. The access point through that lot is unpopular. They were asked by the City Council to figure out other options , and they feel like they have done that. Mr. Noel stated that the Church lot is landlocked without the access road. The neighbor made an offer, and he thinks he can work with him, to give access to the landowners to the west, and they understand the need for access. Member Johnson stated that it makes sense for the City to make a variance in this case. He stated that the property in the back would be of no value because it is landlocked, and this would help them to provide an access point. Member Hart inquired who owns the property and is told that Thomas McIntire owns it. He asked if the easement would be wide enough for an access but was told that it is utility only. The developer tried to buy another adjacent lot, but it continued to fall through repeatedly . The shape of the church property is much more conducive to this subdivision. Chairman West made a motion to approve the Variance. Member Johnson seconds. All in favor, motion carried. Preliminary Plat Application -Elim Estates Member Hart asked if they have considered widening the road to make it safer. Mr. Thompson notes that the fire code doesn't require it. The fire code doesn 't even require the 400 feet. If there was a fire there would potentially have enough space for emergency access through the church lot. The developer doesn 't want to do things in the short term that makes things more difficult in the long term. Chairman West states that on the notes from the City Engineer, he states that no zoning is indicated on the land. There is information noted on the project, that the surrounding properties need to be declared. It would need to be changed before the City Council Meeting . It is required for a Preliminary Plat. Lot 12 only has 80 feet of frontage, where 85 feet is required. The requirement is 85 feet at the setback. They need those to be fixed as conditions before they can approve. Chairman West asks for questions from the Commission. No response . Member Lott made a motion to recommend this to the City Council with those two conditions. Member Johnson seconds. All are in favor, motion carried. Rezoning Application-Scott Kelly This is the lot that was being considered for storage units. Member Hart asked the size. Mr. Kelly stated it is . 75 of an acre. His plan is to split it into two residential lots. Mr. Kelly stated they could look at two front yards instead of a front yard and a large side yard , which is why he wants to split it. He believes it will be more desirable to look at from Main Street. Member Johnson stated that he knows City Council is concerned with giving up business zoning, but there are residences surrounding the lot. The builder would need to submit to all of our codes. Mr. Kelly asked how to split the property. The Commission explained that he would need to go through the county . Each will be a third of an acre. The frontage would be over the 85 feet. Member Hart motioned that they recommend approving the rezoning to R-1 from Commercial. Member Lott seconds. All in favor , motion carried . Member Lott motioned to adjourn. Member Hart seconded . All are in favor , motion carried. Meeting Adjourned : 7 :40 p.m. ATTEST: