Meeting of the Planning and Zoning Commission held June 23, 2020, 5:30 P.M. in the Council Chambers of City Hall.
Members present:
Mike Cook – Chairman
Yolanda Stout
Dan Gautney
Jeff Kutner
Members via telecommunications: Brian Perry
Members absent: Kevin Asker – Vice Chair
Don Kissinger
City Staff: City Administrator Kennedy
The meeting was called to order by Mike Cook at 5:33 p.m.
APPROVAL OF MINUTES: On motion by Dan Gautney, second by Yolanda Stout to approve the minutes of March 24, 2020 as presented. Motion carried.
PUBLIC HEARING #1 ON THE COMPREHENSIVE PLAN AMENDMENT AND REZONE REQUEST BY GENE AND JUDY DANDLIKER:
APPLICANT PRESENTATION: Gene Dandliker was present to request the comprehensive plan amendment and rezone of Tax #85 from residential to industrial. This property was part of the old cement plan. Last year, the other property was all zoned industrial. Gene would like this last tax number to also be industrial as it connects to the existing properties and was used as industrial since around the 1950s. He hopes to use the property for storage.
STAFF PRESENTATION: City Administrator Kennedy reported all notices of hearing were delivered and published as required.
WRITTEN CORRESPONDENCE: none
SUPPORTERS: none
NEUTRALS: none
OPPONENTS: none
APPLICANT REBUTTAL: none
The hearing was closed at 5:38 p. m.
DISCUSSION AND RECOMMENDATION: Jeff Kutner stated he realizes it’s been an industrial use for 60 some years, however he’s having a hard time with changing the zoning of the property as the zoning would indent in, instead of being a straight line. He would be ok with a conditional use for the property.
On motion by Brian Perry, second by Dan Gautney to recommend to the City Council that the comprehensive plan amendment and rezone application as requested by Gene and Judy Dandliker for Tax#85 from residential to industrial zoning be approved. Motion carried, Jeff Kutner voting no.
PUBLIC HEARING #2 ON THE CONDITIONAL USE APPLICATION SUBMITTED BY INLAND CELLULAR: The hearing was opened at 5:42 p.m.
APLICANT PRESENTATION: Stacy Van Steenwyk, previous owner of Mtida presented information for Inland Cellular. In April, she sold the assets to Inland Cellular. She was hired as a contractor to run Mtida for them. This time, Inland would like to purchase the house at 422 South C Street and continue operations of Mtida in the same manner it has been run. It will not be an office for customers as they have store front on Main Street. The property would be a technician work site to continue to operate a Network Switching, Routing and Internet Data Center business. In addition to the conditional use, they would like to request a variance of the fulltime resident requirement.
STAFF PRESENTATION: City Administrator Kennedy reported all notices of hearing were delivered and published as required.
WRITTEN CORRESPONDENCE: none
SUPPORTERS: Matt Dame works for Inland Cellular at the store front on Main Street. They plan to run the internet in the same way it is currently being utilized, other than the bills and customer activity will all be directed to the Main Street store front.
NEUTRALS: Greg Winkler didn’t know if he’s against it or neutral. Mtida lived in the house until two to three years ago. He’s concerned if there is no resident, who will take care of the place, trim the hedge and mow the lawn. He is having problems with people running businesses at their home around his area. One neighbor has a fork lift and all sorts of things. He is worried about his property values going down. He likes to be a good neighbor and is pro-business and wants them to be a good neighbor too. He also brought up the tower that was built in the yard, which did change the feel of the property. He felt it would have been nice to know those things could have happened at the beginning when they first started the business. He felt there are slippery slopes allowing businesses in residential. He has problems with other neighbors that don’t keep up their property. He was worried about the hedge at the property and sometimes it’s hard to see around the corner. He also brought up the alley being blocked behind him by other property owners.
Administrator Kennedy let Greg know if there are site restrictions on corners, he should let her know at City Hall, as the City takes care of those issues, including alley issues.
OPPONENTS: none
APPLICANT REBUTTAL: Stacy Van Steenwyk stated she started the dialup internet service in 2003. At that time, she didn’t know where things were going and wouldn’t have known she would eventually need a tower. Things change quickly and you can’t predict what might happen. Stacy stated she has talked to Nathan Weis, president and CEO at Inland when selling Mtida and they had many conversations that the property needed to be kept up as a residential area. The house currently has a deck with furniture which lends itself to the residential feel. She can’t speak exactly for him but they did talk about it. If there is anything wrong with the house, she is sure Nathan will correct it. Stacy did clarify and Kennedy confirmed, that the tower was allowed to be constructed in the zone.
Dan Gautney asked Matt if Inland Cellular would maintain the property. Matt responded they would maintain it, as they want things to look good. Jeff Kutner stated conditions could be placed on the property. Yolanda questioned if someone would be monitoring the property to make sure no squatters show up. Stacy stated because she is a contractor for them, she will have a presence on site, as she has an office located there. Brian Perry knows the tower meets current City requirements, but there is nothing pretty about it. He wanted to know if more dishes would be added to the tower. Mike Cook stated the existing tower is a non-issue as it complied with city code when it was built and did not require special approval. Brian would like to see them limited to the current equipment on the tower. Jeff Kutner was also concerned about allowing any additional towers or equipment on the property.
Mike Cook questioned whether there was any city code that applied to unoccupied property. Kennedy stated the same codes apply to occupied or unoccupied property. The City will act if it meets the requirements set in code. Jeff Kutner stated that Planning and Zoning could make their own restrictions since they are going through the conditional use process.
Stacy stated just up the road from her Airbridge also has a tower. If restrictions are placed on Inland Cellular’s tower, she felt those also needed to be in place on Airbridge. Greg stated that’s why he considered it a slippery slope.
The hearing was closed at 6:07 p.m.
DISCUSSION AND RECOMMENDATIONS: Dan Gautney wanted to make sure the property is maintained. Jeff Kutner agrees with Greg Winkler about the towers and specifically the Airbridge tower. Kennedy stated the install of the tower was reviewed by the City Attorney and they are allowed to have towers in town (the actual store front is in the correct zone). Jeff wanted to discuss when towers should be allowed. Kennedy suggested that be placed on a future agenda for the commission to discuss.
Jeff Kutner felt the yard needed to be kept neat and clean and as a residential unit keep the grass to a reasonable height. He felt there should be no outdoor storage and no additional towers unless approved. Discussion occurred on how tall the grass should be allowed before it needs to be cut. The commission wanted to have the property kept at a reasonable standard; Kennedy explained that would be hard to enforce. Mike Cook questions whether planning and zoning should enforce higher restrictions above what the city code requires on the applicant.
a. The conditional use does not unreasonable impact public health, general welfare or general interest in the community. None
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. No change in the proposed use of the property.
c. The general neighborhood character and surrounding property values will not be unreasonably negatively impacted. None noted.
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. No change in business but less traffic than existing.
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. No, only one property owner commented.
DISCUSSION AND RECOMMENDATION: On motion by Jeff Kutner, second by Brian Perry to recommend to the City Council approval of the conditional use request by Inland Cellular, 422 S C to operate a Network Switching, Routing and Internet Data Center with the following conditions: no outside storage, grass and shrubs should be kept to a reasonable, good neighbor standard, no new towers on the property and that they not be required to have a full time resident. Motion carried.
NEXT MEETING: The next meeting is July 28, 2020. The commission would like to discuss towers at the next meeting.
Adjourn by Mike Cook at 6:25 p.m.
Tonya Kennedy – City Clerk
