February 26, 2018 Planning & Zoning Minutes

Meeting of the Planning and Zoning Commission held February 26, 2018, 5:30 P.M. in the Council Chambers of City Hall.

Members present were: Mike Cook – Chairman
Kevin Asker – Vice Chair
Dan Gautney
Lance McColloch
Jeff Kutner
Don Kissinger

Members absent: Yolanda Stout

City Staff: Clerk Kennedy
Jeff McFrederick

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

APPROVAL OF MINUTES: On motion by Jeff Kutner, second by Dan Gautney to accept the minutes of April 25, 2017 as presented. Motion carried.

Chairman Cook explained there would be two hearings. On the annexation hearing for Kaschmitter Properties LLC, he would step down from P & Z because he is helping Tim Kaschmitter with the proposed subdivision. Kevin Asker will run that hearing. He will return as Chairman when discussion and recommendation on the Kaschmitter Property is complete.

PUBLIC HEARING ON THE REZONE APPLICATION SUBMITTED BY BONITA PERREAULT, 515 W NORTH STREET: The public hearing was called to order at 5:34 p.m.

APPLICANT: Bonita Perreault is the director of a non-profit called Crossover Ministry. She operates an antiques, collectibles and vintage items shop at 515 W North Street. She would like the property rezoned from Residential to Commercial so headquarters can be located here.

STAFF PRESENTATION: Clerk Kennedy reported all notices of hearing were delivered and published as required. The commission will review the probable land use map in the comprehensive plan to make sure the rezone request is consistent with the plan. Clerk Kennedy provided a map of the surrounding area that shows the current zoning. The properties to the west and south of 515 W North Street are commercial.

WRITTEN CORRESPONDENCE: none

SUPPORTERS: none

NEUTRALS: none

OPPONENTS: none

APPLICANT REBUTTAL: none

The hearing was closed at 5:36 pm.

DISCUSSION AND RECOMMENDATION: The Commission reviewed the Probable Land Use Map in the comprehensive plan and verified the property does fall in commercial as proposed. Jeff Kutner stated that the property fits in the proposed commercial zone and he can’t find any fault in the proposal.

Mike Cook stated two findings of fact:
1. The proposal fits well within the comprehensive plan as laid out in the Probable Land Use Map (exhibit C).
2. There is no correspondence against the application.

On motion by Kevin Asker, second by Jeff Kutner to recommend approval to the City Council on Bonita Perreault’s rezone application for 515 W North Street. Motion carried.

Mike Cook stepped down from Planning and Zoning for the Kaschmitter Properties annexation hearing since he’s helping Tim Kaschmitter on the project.

PUBLIC HEARING ON THE ANNEXATION REQUEST SUBMITTED BY KASCHMITTER PROPERTIES LLC TO ANNEX APPROXIMATELY 7.41 ACRES: The public hearing was called to order at 5:40 p.m. by Kevin Asker.

APPLICANT: Mike Cook presented for Tim Kaschmitter. Kaschmitter Properties LLC is requesting annexation of approximately 7.41 acres to the center line of the existing highway of Mt. Idaho Grade Road. Phase 1 would be the area of annexation as requested. Kevin Asker asked the current zoning of the adjacent property. Clerk Kennedy reported North of Elm Street is Residential Zone B and South of Elm Street is Residential Zone A. Dan Gautney asked if Elm Street would continue across the highway. Tim Kaschmitter stated Elm Street would be extended to the east where it will form the northern boundary for the subdivision and then there would be two streets running south of Elm within Phase I. The old house will be torn down. Phase I will have approximately 17-18 lots, 1/4 acres to 1/3 acres in size. Lance McColloch asked if the highway issues have been resolved as previously reported in the paper. Mike Cook stated it appears a resolution in the form of an agreement was reached between the two attorneys for the entities involved. Jeff Kutner asked if City utilities were available. Public Works Director McFrederick has worked with Tim and Mike; there is currently water in the street and a manhole pretty close. The first phase will have no issues. The City was already planning to upsize a line before this subdivision was presented. The pressure is good in the area.

STAFF PRESENTATION: Clerk Kennedy reported the notice of hearing went to the paper as required.

WRITTEN CORRESPONDENCE: None

SUPPORTERS: none

NEUTRALS: none

OPPONENTS: none

APPLICANT REBUTTAL: none

The hearing was closed at 5:48 pm.

DISCUSSION AND RECOMMENDATION: The commission verified the zoning on the probable land use map of the comprehensive plan for the proposed annexation. On motion by Lance McColloch, second by Dan Gautney to accept and recommend to the Council Residential Zone A as the zoning for the Kaschmitter Properties LLC annexation. Motion carried.

Mike Cook returned to P&Z as a member and Chairman.

ELECTION OF OFFICERS: Current officers are Chairman Cook, Vice Chairman Asker and Secretary Gautney. On motion by Kevin Asker, second by Jeff Kutner to continue with the current slate of officers. Motion carried.

MINOR LAND DIVISION PROPOSAL: Public Works Director McFrederick stated the City is trying to become more development friendly. Some small properties have already been divided prior to purchase and any further division would trigger the subdivision ordinance. He is trying to allow some small projects to divide within the city limits by decreasing some of the costs if specific criteria is met.

Lance McColloch asked if sidewalks would be required on a minor land division. McFrederick stated if the project would trigger any final plat requirements (water/sewer mains, streets, public infrastructure) then they would need to go through the subdivision process and it would not be classified as a minor land division.

Lance McColloch questioned whether this would be applicable for commercial properties like Herman Kaschmitter’s property where the coffee shop just went in? McFrederick stated it is allowed for all zoning. The minor land division isn’t really what that property should be used for because the commercial property should have a master plan for development.

McFrederick stated the City doesn’t have a minimum lot size; however looking at what is currently in the City, he set it up as 5,000 square feet since many lots are 50’x100’. Jeff Kutner felt the minimum lot size should be 75’x100’. Lance McColloch felt the City should stay with 5,000 square feet (50’x100’) because the majority of lots are that size. A developer could always go bigger, but that way someone isn’t limited by a larger minimum lot size. A $100 application fee was suggested for a Minor Land Division.

Kevin Asker questioned the section on a utility easement may be required. McFrederick explained there are various easements in the City; however there are some old easements that were never formalized in writing. If that is the case or a new line is going in, the City would require a written easement.

NEXT MEETING: The next meeting is March 27th.

Motion to adjourn by Mike Cook at 6:24 p.m.

Tonya Kennedy – City Clerk

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