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HomeMy WebLinkAbout2011-03-22-Planning and Zoning Commission MinutesMINUTES OF THE TUESDAY MARCH 22,2011 PLANNING AND ZONING COMMISSION MEETING. The March 22,2011 Planning and Zoning Connnission meeting was called to order at 5:33 p.rn. Roll Call.The following Connnissioners were present:Hoifeldt,Schmidt,McCulloh,Mook,Johnson, and Streit.Absent:Nigro.Others in attendance:Brad Deets,Ben Landhauser,Beth Richardson,John Kursitis,and Council Representative Harvey, Agenda Approval.Motion by Connnissioner Johnson seconded by Commissioner Mook to approve the agenda for March 22,2011."Ayes:Johnson,Mook,Hoifeldt,McCulloh,Streit,and Schmidt.Nays: None.Motion carried. Approval of the February 22,2011 Regular Meeting Minutes.Motion by Connnissioner Mook, seconded by Connnissioner Hoifeldt to adopt the February 22,2011 Regular Meeting Minutes upon deleting Connnissioner Mook from the Adjournment roll call vote.Ayes:Mook,Hoifeldt,Johnson, McCulloh,Streit,and Schmidt.Nays:None,Motion carried. Open Forum.No one appeared to address the Commission during the Open Forurn. Approval of a Rezoning request for 105 N.Warrior Lane (South 125 ft.of Lot 4,Enterprise Business Park Plat 1)to change zoning from M-1 (Light Indnstrial District)to C-1 (Community and Highway Service Commercial District).Director of Development Services,Brad Deets,explained the rezoning request which is the site of the former Medicap Pharmacy zoned as M-I Light Industrial District.The current zoning of the property is inconsistent with the previous use of the property. Additionally,due to the size and the way the property was developed,M-I light industrial uses are pretty prohibitive for the future us of this property and are inconsistent with other properties located along N. Warrior Lane. Motion by Commissioner Mook,seconded by Commissioner McCulloh to approve a rezoning request for 105 N.Warrior Lane (South 125ft.of Lot 4,Enterprise Business Park Plat 1)to change zoning from M-I (Light Industrial District)to C-I (Community and Highway Service Commercial District).Ayes:Mook, McCulloh,Hoifeldt,Johnson,Streit,and Schmidt.Nays:None.Motion carried. Approval of an Ordinance Amendment to Section 301.8 General Regulations related to an addition of language regulating Temporary Agricultural Product Sales.Director of Development Services, Brad Deets,explained that traditionally the City of Waukee has allowed [or temporary stands for the sale of agricultural products such as vegetables and fruits.This has been regulated through section 210 of the City Code which relates to the regulation and licensing of peddlers,solicitors and transient merchants. Section 210.3 pertains to the sale of agricultural products. Last season,City staff had some issues specifically related to the regulation of these temporary uses and the designation of locally grown products.These concerns were discussed with the City Council at a work session on September 13,2010.It was the general consensus of the Council to continue to allow for these types of temporary uses.The Council also suggested accounting for these types of uses within the Zoning Ordinance as opposed to the transient merchant ordinance. The proposed ordinance would allow for the temporary sale of agricultural products within the A-I Zoning District as well as the maj ority of the Commercial Zoning Districts.This is consistent with the current requirements other than this proposed ordinance would exclude the location of these types of sales within the C-4 Office Park Commercial District. The proposed ordinance would also require a permit be issued on a seasonal basis for a nominal fee for all temporary agricultural sales merchants.The current ordinance creates an exemption for those farmers and gardeners selling products of their own growing however tins is very difficult to enforce.The proposed required permit for all would provide City staff the appropriate contact information and details of the temporary sales in case of any issues. Finally,the proposed ordinance includes general regulations related to the temporary nature of the sales, provisions for adequate parking and safety as well as restrictions on the time of year these sales would be permitted. Brad Deets clarified that both local and non-local transient merchants would be required to apply.Staff is considering a $50 per season fee for each merchant.Commissioner Mook questioned whether a transient merchant who doesn't use it all season would get a reduced rate for a shorter term and would the merchants be allowed on private property or within the right-of-way.This would be covered in the general requirements for the ordinance noting that prior consent from the property owner would be on the application.Council Member Shane Blanchard questioned the distance away from the public walks the merchants would be required to be.Brad noted that the distance would be covered in the permit application when it is reviewed.Council Member Casey Harvey questionedhow the enforcement would be handled.Brad stated that it would be covered in the Civil Infraction portion of the ordinance. Motion by Commissioner McCulloh,seconded by Commissioner Johnson to approve an Ordinance Amendment to Section 301.8 related to addition oflanguage regulating Temporary Agricultural Product Sales revising the language on the application to include that the property owner must sign of on the application.Ayes:McCulloh,Johnson,Mook,Hoifeldt,Streit,and Schmidt.Nays:None.Motion carried. Ncw Buslncss.Brad Deets mentioned that he and several other officials will be going to Washington DC next week in hopes to get some information on the Alice's Road Corridor project. Adjournment,Motion by Commissioner Hoifeldt,second by Commissioner Johoson,to adjourn the meeting at 5:53 P.M.Ayes:Hoifeldt,Johoson,Mook,McCulloh,eit,and hmidt.Nays:None. Motion carried.Meeting adjourned. JnSchmidt,Acting Planning &Zoning Chairman