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July 30, 2019 Planning & Zoning Minutes

Meeting of the Planning and Zoning Commission held July 30, 2019, 5:30 P.M. in the Council Chambers of City Hall.

Members present were: Mike Cook – Chairman
Dan Gautney
Jeff Kutner
Don Kissinger
Brian Perry

Members absent were: Yolanda Stout
Kevin Asker – Vice Chair

City Staff: City Administrator Kennedy

The meeting was called to order by Mike Cook at 5:30 p.m.

APPROVAL OF MINUTES: On motion by Dan Gautney, second by Don Kissinger to accept the minutes of January 22, 2019 as presented. Motion carried.

PUBLIC HEARING ON THE VARIANCE APPLICATION TO ALLOW MTIDA TO OPERATE AT 422 S C STREET WITHOUT A FULLTIME RESIDENT LIVING ON THE PROPERTY.: The public hearing was called to order at 5:31 p.m.

APPLICANT PRESENTATION: Stacy Van Steenwyk, owns the house at 422 South C Street. She has a 2003 conditional use granted to MTIDA which requires a fulltime resident. Over the years her life has changed. She lives out of town with her daughter. She has had people living in house; her ex-husband and son but they have moved out. She would like a variance to the requirement of a fulltime resident. She plans to keep the house as residential and looking like residential. The house is set up as a house; although two rooms house equipment. There is not very much customer traffic as most is done by phone. Greg Stone is a co-owner of the business.

STAFF PRESENTATION: City Administrator Kennedy reported all notices of hearing were delivered and published as required.

WRITTEN CORRESPONDENCE: none

SUPPORTERS: Stacy Van Steenwyk and Greg Stone as present.

NEUTRALS: none

OPPONENTS: none

APPLICANT REBUTTAL: none

The hearing was closed at 5:37 pm.

DISCUSSION AND RECOMMENDATION: Jeff Kutner doesn’t have an objection. The business has been operating since 2003. There is not much traffic. If it goes through, he would like to have it kept up as a presentable residential property. Kutner wanted the conditional use to only be valid with the current owners. Administrator Kennedy explained that is how the agreements are drafted. Dan Gautney asked if they have plans to rent it back out. Stacy stated not at this time as it’s hard to find someone they would want to live in the home when they have business equipment in the home.

a. The conditional use does not unreasonable impact public health, general welfare or general interest in the community. None found.

b. The proposed conditional use of property or structures will be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and other similar facilities which might be needed for the proposed use. The property has been utilized and will continue to be utilized properly.

c. The general neighborhood character and surrounding property values will not be unreasonably negatively impacted. The recommendation includes the requirement to keep it as residential property and properly kept up.

d. The proposed conditional use will not cause an undue traffic hazard or unreasonable parking problem in the use district in which the conditional use is proposed. The amount of traffic has been reduced since the conditional use was originally granted.

e. There is no substantial community objection and the terms of section 10-10-3 of this chapter are incorporated herein as an additional condition to the granting of a conditional use. None

On motion by Jeff Kutner, second by Dan Gautney that P&Z recommend to the Council to grant Stacy Van Steenwyk a variance to the conditional use requiring a fulltime resident, with the stipulation that the house is kept up as neat residential house and yard and it stays only with the current property owner. Motion carried.

PUBLIC HEARING ON REQUEST TO AMEND THE COMPREHENSIVE PLAN TO ALLOW INDUSTRIAL ZONING FOR TAX #S: 974, 426, 88, AND 85.: The public hearing was called to order at 5:47 p.m.

APPLICANT: Gene Dandliker explained the property was formerly Grangeville Transit. It was in a rundown position. He has been working on cleaning it up and didn’t realize it had incorrect zoning. He originally bought it at an IRS auction and then hired Rhonda Wemhoff to do a building addition to clean up building. He had Turners lined up with equipment to start cleaning out where the wash plant was which has old tires and concrete drums.

Grangeville Transit started in 1948 and was in in business a long time. He would like to clean up the mess, merge the saw mill machinery and concrete plant and heavy equipment. He plans to put in 6’cyclone fence and trees on the property. He has another individual with a green business that may be interested in a portion of the property but he can’t say what it is at this time. He felt good neighbors and good friends should go hand in hand. He has remediated multiple properties in the area. Gene stated he plans to keep a small concrete business operational.

Brian Perry asked Gene if T85 stay residential? Gene stated he has no problem keeping T85 residential. Jessica Melvin owns T84 and explained T85 had a lien and it caused issues when she was buying her property last fall so was removed from her purchase.

STAFF PRESENTATION: City Administrator Kennedy reported all notices of hearing were delivered and published as required. Kennedy explained the commission needed to look at the comprehensive plan amendment to determine if the request is what is in the best interest of the City. The cement business is a grandfathered use could continue if kept as a cement business.

WRITTEN CORRESPONDENCE: none

SUPPORTERS: none

NEUTRALS: none

OPPONENTS: Jessica Melvin asked how it will affect her property tax and property value if the zone line is moved. Kutner stated as a guess her taxes wouldn’t change. He felt her property could be worth more, as I’ve seen what Gene does with his properties. Jessica was concerned about future property values.

Brian Perry has been on fire department for 18 years. He thinks they put out a fire 8 or 9 years ago and nothing has been done. He lives up the street from Jessica. If the property stays residential, he felt no one will be able to put a house on the property unless they had the economic capabilities of Gene. You can look at what Gene did out by Whitehorse with the property he purchased. Mike Cook stated it is speculation and opinion on what Gene does and what will occur on the property.

Quirt Lowe, representing Shannon Patton at 325 EN 7th would like to keep it a quiet neighborhood and residential. He felt it was a mistake to allow the business to be there before. He felt new homes could be built on the property. He knows Gene and he’s a good guy, but once the zoning is changed to industrial, they are stuck with whatever goes in.

APPLICANT REBUTTAL: Gene stated T85 should stay residential. He plans to respect the land and create jobs. He’s not sure what they will do with upper section but he wants it industrial for future growth and to apply for a road into the property from the truck route. The inside will be fenced and he plans to plant trees. Gene stated he would remove T85 from the industrial request and would keep it residential zone B.

Jeff Kutner felt the amendment makes sense to consider industrial use. If Grangeville Transit hadn’t gone under, it could still be operating in that location. He questioned T589 but Kennedy stated it was not part of the application, so nothing could be discussed on that tax number

The hearing was closed at 6:24 pm.

DISCUSSION AND RECOMMENDATION: This will be done combined with the rezone request.

PUBLIC HEARING TO REVIEW AND DISCUSS THE REQUEST TO REZONE THE PROPERTY AT ALLOW INDUSTRIAL ZONING FOR TAX #S: 974, 426, AND 88: The public hearing was called to order at 6:28 p.m.

APPLICANT: Gene stated this is good for community. It is a piece of property that he would like to see remediated and done correctly. If left as a concrete plant, the grandfathering will not run out as he will continue to operate it. JEM Machine has the financial resources to move forward with cleanup and trees and he felt it would be a much better property.

STAFF PRESENTATION: Clerk Kennedy reported all notices of hearing were delivered and published as required.

WRITTEN CORRESPONDENCE: none

SUPPORTERS: none

NEUTRALS: none

OPPONENTS: Quirt Lowe added on Shannon’s behalf that she has been there 20 years and doesn’t plan to leave. She will retire there, has worked hard to fix up the property and is concerned.

Jessica Melvin asked what will be fenced? Gene stated he plans to fence T426 and T88. Brian Perry asked what the frontage is on the truck route. Based on the scale on the map it could be around 300’.

The hearing was closed at 6:35 pm.

DISCUSSION AND RECOMMENDATION: Jeff Kutner commented to Quirt that the property can stay as it is now and look like hell. Again out of speculation and history, but Kutner felt having it cleaned up would be way better than what it is now.

On motion by Dan Gautney, second by Brian Perry to recommend to the Council to approve Gene and Judy Dandliker’s proposal for an amendment to the comprehensive plan and a rezone to industrial for tax numbers #T88, T426, T974 and that on T88 and T426 Gene be required to fence and plant a green barrier such as trees or shrubs on the south side of lots within 2 years. Roll Call: YES – Perry, Kissinger, Gautney, Kutner; Voting No – none. Motion carried.

NEXT MEETING: The next meeting is August 29th at 5:30 pm.

Motion to adjourn by Mike Cook at 6:47 p.m.

Tonya Kennedy – City Clerk

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