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HomeMy WebLinkAbout2004-10-12-Planning and Zoning Commission Minutes91 MINUTES OF THE TUESDAY,OCTOBER 12,2004 PLANNING AND ZONING COMMISSION MEETING. Chairman Steele called the October 12,2004 meeting of the Planning &Zoning Commission to order at 7:00 p.m. Roll Call.Chairman Steele asked for a roll call and the following Commissioners were present: Hoifeldt,Krantz,Schmidt,Willits,White.Absent:Korpanty.Council Representative:Mertz. Agenda Approval.Motion by Commissioner Willits,seconded by Commissioner Schmidt,to "Approve the Agenda for October 12,2004."Ayes:Hoifeldt,Krantz,Schmidt,Willits,White,Steele. Nays:None.Motion carried. Approval of September 28,2004 Meeting Minutes.Motion by Commissioner Schmidt,seconded by Commissioner White,to "Adopt the September 28,2004 Meeting Minutes."Ayes:Hoifeldt,Krantz, Schmidt,Willits,White,Steele.Nays:None.Motion carried. Open Forum.No one appeared to address the Commission during the Open Forum. Approve the Final Plat for Willow Brook Plat 2.Melissa Fawley of Civil Engineering Consultants (CEC)presented the Final Plat for Willow Brook Plat 2.Legal documents have been received by the City,and all punch list items have been or will be completed prior to presentation to City Council. Motion by Commissioner Schmidt,seconded by Commissioner Willits,to "Approve the Final Plat for Willow Brook Plat 2,provided all punch list items are completed prior to submittal to City Council." Ayes:Hoifeldt,Krantz,Schmidt,Willits,White,Steele.Nays:None.Motion carried. Approve the Final Plat for Legacy Pointe Plat 3.Josh Cowman of Ewing Land Development presented the Final Plat for Legacy Pointe Plat 3.The trail will be bonded for until MidAmerican Energy has completed their improvements in the area.Brad Uitennarkt of Garden &Associates, engineers for the project,requests that the PD document be amended to allow for an 8-foot building setback on the street "side yard"of a corner lot.Waukee's ordinance states that a corner lot is considered to have two front yards,and City staff feel that the setbacks should be 20 feet on all yards abutting a public street as outlined in the approved PD.John Gibson stated that some punch list items have yet to be completed,but that they should be completed prior to City Council consideration. Motion by Commissioner Willits,seconded by Commissioner White,to "Approve the Final Plat for Legacy Pointe Plat 3,provided all punch list items are completed,all legal documents are approved, and a 20-foot front yard building setback be implemented for all yards abutting a public street."Ayes: Hoifeldt,Krantz,Schmidt,Willits,White,Steele.Nays:None.Motion carried. Approve the Rezoning of 1450 SE University Avenue (Richard Schwartz property)from A-I [Agricultural District]to C-4 [Office Park Commercial District].David Harrison of Design Alliance presented the rezoning application.Also in attendance was Denuis Ernst,potential purchaser of the property.Mr.Ernst wishes to build a funeral home on the eastern portion of the property.Mr. Harrison also reviewed two concept plans for the entire property,with different office space configurations on the western portion of the property.The developer intends to keep as much existing landscaping as possible,and transplant to other locations on the site any plantings that would need to be removed for construction.Mr.Ernst intends to keep the existing 45'x 50'outbuilding for storage. Mr.Harrison explained that they were unable to obtain signatures of the surrounding property owners G:\WPFilesIP &ZIMinutes\2004\1 0-12-04 Minutes.doc 92 in support ofthe rezoning,as the single family homeowners to the east do not support the rezoning, and Regency Land Company has decided to remain neutral on the issue and not sign the petition.Mr..) David Conn,owner of the property to the south,has stated to the developer that he supports the rezoning,but a signature has not been received by the City.Commissioner Schmidt reminded the developer that the property was located in the Arterial Corridor Overlay,and that higher design standards were in place.He also stated his disapproval ofthe outbuilding remaining on the site,as it would not be allowed in a commercial zoning district.Mr.Ernst stated his willingness to re-side a portion of the existing structure with hard surface materials that would be more acceptable than the current steel siding.Commissioner White asked the developer to schedule a meeting with the surrounding property owners in order to discuss their concerns.Commissioners Schmidt and Hoifeldt expressed concern about screening between the site and the surrounding residential area.Motion by Commissioner Schmidt,seconded by Commissioner Willits,to "Approve the Rezoning of 1450 SE University Avenue (Richard Schwartz property)from A-I [Agricultural District]to C-4 [Office Park Commercial District],with the exclusion ofthe Principal Permitted Uses outlined in B.6 of the C-4 zoning regulations,and provided the developer hold a meeting with the surrounding property owners to discuss their concerns."Ayes:Hoifeldt,Krantz,Schmidt,Willits,White,Steele.Nays:None. Motion carried. Approve the Ordinance Change to Move Apartment Building Principal Uses to a Separate Zoning District.Chad Weaver explained that the proposed ordinance change would separate rental multi-family units from those that are owner occupied.A new zoning district classification would be created and known as "R-3A".Existing R-3 properties would then need to be reviewed and possibly rezoned with the new R-3A classification.Motion by Commissioner Krantz,seconded by Commissioner White,to "Approve the Ordinance Change to Move Apartment Building Principal Uses 1 to a Separate Zoning District."Ayes:Hoifeldt,Krantz,Schmidt,Willits,White,Steele.Nays:None.J' Motion carried. Discuss the City of Overland Park,KS Ordinances.The Commission continued their discussion on building design standards for multi-family structures,as well as landscaping and lighting.There was much discussion as to whether the hard surface requirement for townhomes should be increased to 40%as stated in the Overland Park ordinances.Regarding landscaping,Chad Weaver stated his belief that many of Waukee's landscaping standards are better as they are more stringent.A brief discussion regarding lighting took place,with the Commission agreeing to consider the matter further. New Business.The Commission asked for an update on the outstanding issues regarding Iowash Car Wash.Chad Weaver explained that Mr.Dennis Carroll,owner,sent a letter to the City requesting that he be allowed to delay replacement or alteration of the lighting inside the car wash to see if complaints arise from residents and nearby landowners.The City will be pursuing the matter through the City Attorney. Mr.Weaver told the Commission that the City has received a request to allow a business to operate from a non-permanent structure.Typically,such a business would be considered a transient merchant and would be required to follow the regulations for a peddler's permit,just has the Tropical Sno business has done in the past.However,this particular non-permanent structure is intended to remain year-round.The Commission stated that they did not want such non-permanent structures to remain II for an indefinite period oftime.J G:\WPFiles\P&ZlMinutes\2004\!0-12-04 Minutes.doc 93 Mr.Weaver informed the Commission of a potential plan by certain parties to subdivide the lot in Westgate Business Park known as the Valley Paper site.As such,the PD for Westgate Business Park would again be open for revision. Regarding rezoning applications,Commissioner Schmidt asked that surrounding property owners be informed of the Commission's consideration of the matter,and not just informed of the public hearing at City Council.Mark Arentsen stated that such a change should be made in the ordinance. Adjournment.Motion by Commissioner Willits,seconded by Connnissioner Schmidt,to adjourn at 8:50 p.m.Ayes:Hoifeldt,Krantz,Schmidt,Willits,White,Steele.Nays:None.Motion carried. Meeting adjourned. Attest: Mark J.Arentse,ity Administrator/Clerk G:\WPFileslP &ZlMinutes\2004\10-12-04 Minutes.doc