HomeMy WebLinkAbout2004-02-24-Planning and Zoning Commission Minutes46
MINUTES OF THE TUESDAY,FEBRUARY 24,2004 PLANNING AND ZONING COMMISSION
MEETING.
Chairman Steele called the February 24,2004 meeting ofthe Planning &Zoning Commission to order
at 7:03 p.m.I,
Roll Call.Chairman Steele asked for a roll call and the following Commissioners were present:
Hoifeldt,Korpanty,Schmidt,Krantz,White,Steele and Council Representative Mertz,Absent:
Willits
Agenda Approval.Chairman Steele asked ifthere were any changes to the agenda.None.Motion
by Commissioner Krantz,seconded by Commissioner Schmidt,to "Approve the Agenda for February
24,2004."Ayes:Krantz,Schmidt,Hoifeldt,Korpanty,White,Steele.Nays:None.Motion carried.
Approval of February 10,2004 Meeting Minutes.Chairman Steele asked ifthere were any changes
to the February 10,2004 minutes.None.Motion by Commissioner Schmidt,seconded by
Commissioner White,to "Adopt the February 10,2004 Meeting Minutes."Ayes:Schmidt,White,
Hoifeldt,Korpanty,Krantz,Steele.Nays:None.Motion carried.
Open Forum.No one present wished to address the Commission during the Open Forum on an issue
not on the agenda.
Discussion of the Sidewalk Assessment Policy.During the initial part of the discussion,commission
members gathered information concerning the sidewalk assessment policy in general and the sidewalk
assessment policy in neighboring connnunities.Commissioner Schmidt explained the concept of
assessment in that the assessment rate is based on amount of benefit received by the home owner
whose property abuts or is close to the improvement.Commissioner Schmidt felt the benefit of a
sidewalk was easily attributed to the homeowner.Council member Mertz,a proponent of a sidewalk
assessment policy similar to Clive's sidewalk assessment policy,said he felt the 25%return to property
owners would help to offset the cost to the property owner.Commission Chair Steele questioned the
assessment of a six foot sidewalk required by the City.Council member Mertz suggested that would
be an assessment rate of the four foot sidewalk plus a rebate of the extra two feet;so that a sidewalk
constructed by a property owner would receive 25%of the cost back from the City and would also
receive the cost of constructing the extra two feet.Frank Hoifeldt mentioned where sidewalks are also
trails.fhe regujU'Q width oltb-"~ill"Y{a!kwould.thenbeo .feet andtherebateof the.extra rwofeet
would not take place.The discussion continued with everyone becoming more familiar with
assessments,construction,engineering and inspections of sidewalks.Commission Chan-Steele asked
for concluding remarks.He also stated for the record that he had been called by a resident on
University Avenue who had stated that he was against ALL improvements being assessed.
Commissioner Korpanty stated he felt property owners in new development,where the infrastructure
had not existed before,should be responsible for the payment of 100%of all improvements.However,
Mr.Korpanty stated that where "we have existing City,where sidewalks need to be installed or
repaired,"the cost of construction of new or rep an'of old sidewalks should be a charge to the entire
city.Mr.Korpanty feels that everyone uses the sidewalks and everyone would benefit from an
improved existing section of the community.The charge to the entire city would be through city taxes II
and be paid 100%by the city.Carol and Jerry Crow,14407 University Ave.were present for the )1
meeting and addressed the commission on this issue.Neither Carol nor Jerry were in favor of an
assessment for infrastructure improvements.At the end of the discussion,Commissioner Hoifeldt
moved to approve the sidewalk installation assessment policy as written.Doug Krantz seconded.The
G:\WPFiles\P &Z\Minutcs\2004\02-24-04 Minutes.doc
47
assessment policy being moved for approval is as follows:...Commission Chair Steele asked for the
vote:Ayes:Kranz,Hoifeldt,Schmidt,Steele;Nays:Korpanty,White.
Approve the Rezoning of Painted Woods Plat I from A-I (Agricultural District)to R-I (Single
Family Residential District).Bob Gibson with Arterra Group,Greg Pierce of Nilles &Associates,
Patrick Ruelle of McAninch Corporation and Dan Stanbrough of Stanbrough Development were
present to discuss this re-zoning.The project consists of 46 acres about Y,mile from the Interstate on
Ute Avenue,south of Ashworth.It is entirely surrounded by trees and rough terrain,Sugar Creek runs
to the west and a tributary of that to the south.The Painted Woods Development Company Joint
Venture is proposing to construct 42 lots with a minimum being a 0.6 acre lot.The Company is asking
that it be re-zoned with a PD overlay.The specific issues resulting in a PD are:(1)terrain features,
drop-offs,steep inclines,(2)the existence of a FEMA flood plain that borders most of the
development,(3)wanting to maintain a rural character to the development.The setbacks,location of
the trail,width ofthe street,street parking,sidewalk,ingress/egress,are issues to be worked out
between developer and city staff.These predominately are associated with the plat and will be
ongoing until resolved.Commissioner Joe Schmidt moved to approve the re-zoning from A-I to R-I
with the stipulations that the Preliminary Plat must be completed within two years and Bldg Permits
must be acquired from the City within three years otherwise it reverts to A-I.Mary White seconded.
Commissioner Korpanty asked about the V &K Letter,street parking,and the Petition for Zoning
signatures.Commission Chair Steele asked for the vote:Ayes:All.Nays:None.Motion carried.
Approve the Rezoning of Painted Woods Plat I from R-I (Single Family Residential District)to
PD-I (Planned Development Overlay District).Joe Schmidt moved to approve re-zoning Painted
Woods from R -1 to PD-I contingent upon resolving the issues of width of street and resolution of trail
and park land dedication and any other issues not yet resolved.Doug Krantz seconded.Commission
Chair Steele asked for the vote:Ayes:All.Nays:None.Motion carried.
Approve the Site Plan for the Car Wash at Legacy Pointe.Mike Kastner with Architects Wells,
Kastner,Schipper representing Jeff Ewing and Dennis Carroll.Mike Kastner introduced the Site Plan
for the Car Wash located on Lot 2,which remains the same,except for a critical feature of now being
able to attach stone material against the bottom of the car wash and up 30 inches on all four walls
rather than the stone material being a separate wall several feet in front of the car wash.The
landscaping will remain as previously agreed.The Commission also discussed Lot 3 on which an
office building will be located.The design of the building,although not completed,will be similar to
other buildings in the complex.Site Plan for Lot 3 and building will be on the March 23m Commission
Agenda if the prospective tenant confirms his interest and the building is designed.Otherwise,it will
be on at a later date.A Certificate of Occupancy for the Car Wash cannot be obtained until the
adjacent building is completed or a bond has been purchased for the Lot 3 building's completion.
Commissioner Hoifeldt moved to approve the Site Plan for Lot 2 Car Wash subject to all V &K and
staff comments being addressed.Eric Korpanty seconded.Commission Chair Steele asked for the
vote:Ayes:All.Nays:None.Motion carried.
Discussion of the Arterial Corridor Overlay District.This discussion included M districts currently
in the Arterial Corridor Overlay Districts,half in and half out M districts in the Corridor Overlay and
limiting certain types of businesses such as C stores and car lots in the Corridor Overlay.All of the
Commission members participated in the discussion and all wanted time to think about the issues
before suggesting any changes to the existing zoning.Connnission Chair Steele stated he would prefer
working through these issues slowly and carefully to ensure a fair and equitable finished product.
G:\WPFiles\P&ZlMinutes\2004\02-24-04 Minutes.doc
48
New Business.Commissioner Korpanty suggested the City look into acquiring land located at the SE
comer ofL.A.Grant Parkway and University Ave./Ashworth Drive for a new city hall.He also
suggested the fifteen acres on the SW comer of that same intersection would also be good land to
acquire for public bnildings or recreation.Mr.Korpanty suggested it would be an ideal location and
would create a centralized feel for City public services.
Adjournment.Motion by Commissioner Schmidt,seconded by Commissioner Krantz,to adjourn at
9:04 p.m.Ayes:Hoifeldt,Korpanty,Schmidt,Krantz,White,Steele.Nays:None.Motion carried.
Attest:
J rry S eele,Planning &Zoning Chairman
G:\WPFiles\F&ZlMinutes\2004\02-24-04 Minntes.doc
1I
1