Meeting of the Planning and Zoning Commission held September 22, 2020, 5:30 P.M. in the Council Chambers of City Hall.
Members present:
Mike Cook – Chairman
Kevin Asker – Vice Chair
Don Kissinger
Dan Gautney
Jeff Kutner
Brian Perry
Members absent: Yolanda Stout
City Staff: City Administrator Kennedy
Public Works Director Mager
The meeting was called to order by Mike Cook at 5:30 p.m.
APPROVAL OF MINUTES: On motion by Kevin Asker, second by Jeff Kutner to approve the minutes of August 25, 2020 as presented. Motion carried.
Mike Cook stated he had a conflict as he worked with the previous public works director on the minor land division language including James Barger’s plan for his property. He stepped down from the commission for any discussion on James and Judy Barger’s application.
Kevin Asker opened the Public Hearing at 5:31pm.
ZONING FOR ANNEXATION REQUEST: Administrator Kennedy explained the property Mr. Barger is requesting to be annexed is outlined in the survey submitted with the minor land division. According to the comprehensive plan, the property would be annexed as Zone A. On motion by Jeff Kutner, second by Dan Gautney to recommend residential Zone A for zoning for the annexation request submitted by James and Judy Barger. Motion carried. The public hearing was closed at 5:37 pm.
PUBLIC HEARING – MINOR LAND DIVISION APPLICATION. The public hearing for the minor land division application submitted by James and Judy Barger was opened at 5:37 pm.
APPLICANT PRESENTATION: James Barger presented his minor land division application. He plans to build a duplex on the portion he’s annexing. He wants to annex so he has city services. He has deeded alley access, and a portion of park street along the parcel being requested for the minor land division.
STAFF PRESENTATION: Public Works Director Mager stated the city has a sewer manhole in middle of 7th Street, north of the future deeded alley. The sewer main is about 20’ deep. The current sewer main is stubbed about 7’ into the property. James will connect off the line with a “y” and Kevin Barger is already on the line. The extension of Park Street is included with a 60’ right of way. The City water main comes into the property about 25’ and heads due west toward Crooks Street. The street and water don’t need to be extended as James can connect to services on 7th. He understands pressure zones and back flows. City Administrator Kennedy explained the notice went to the paper as required and explained the difference between a minor land division and a subdivision.
Jeff Kutner questioned if the line in the alley should have a manhole instead of a y in the sewer. Mager stated no, manholes should never be in an alley
WRITTEN CORRESPONDENCE: none
SUPPORTERS: none
NEUTRALS: none
OPPONENTS: none
APPLICANT REBUTTAL: none
The hearing was closed at 5:53 p. m.
DISCUSSION AND RECOMMENDATION: Jeff Kutner questioned why no notice was sent to property owners. Kennedy reported it was not required by code for a minor land division. A subdivision only requires notification to adjoining property owners, not those within 300’.
On motion by Jeff Kutner, second by Dan Gautney to recommend approval to the City Council for the Minor Land Division as submitted by James and Judy Barger. Motion carried.
REPORT ON PLACING RESTRICTIONS IN MOTIONS: Jeff Kutner stated he guessed the commission misunderstood information about placing restrictions in motions, because he did. Planning and Zoning can make recommendations but they need to explain in more detail why they are making the decision. The commission did receive kudos from the Council on how they are doing. He stated restrictions should be black and white compared to objective.
COMMUNICATION TOWERS: The code currently states antennas and aerials are not to exceed the height limit of the zone by more than 25’ but never more than 60’ from ground level. Jeff felt there should be additional requirements in residential zones if a business wants to do something commercial. Brian Perry felt the 60’ height limit is too tall.
Jeff Kutner said P&Z could recommend a shorter height limit for antennas. If a user wanted to go taller, they could apply for a variance.
Administrator Kennedy asked if P&Z preferred one tower in an area or each property owner putting up a tower on their property. If only one tower in an area, do you share and have access points?
Jeff and Brian felt maybe limit towers so those with a conditional use to operate a business can’t put up a tower on the same property. Maybe they shouldn’t be allowed to have a repeater to broadcast out to other users either.
Kevin Asker stated he wouldn’t be opposed to changing city code to a lesser height. If over a specific height get a building permit and if it’s for commercial use, they would need to have a conditional use.
Brian Perry felt the issue should be to protect the aesthetics of town. For towers he didn’t care if it was business or personal use. He felt a height requirement to maintain aesthetics would be good.
Kevin Asker also wanted to talk about aesthetics of a neighborhood. He didn’t care about business use or personal use. Kevin questioned what is an elevation that would be effective for putting up a tower that would still meet the aesthetics of what a neighborhood should have?
Jeff Kutner thought maybe propose 15’ above a structure with a maximum height from the ground of 50’. Jeff stated the height needed would always depend on where you live, or if you have trees or something else obstructing the view. There is already a variance process people can go through.
Brian Perry would like to do some research and discuss again at the next meeting. Brian really liked the idea of lowering the overall height and allowing a variance if someone needs something higher.
NEXT MEETING: The next meeting is scheduled for October 27, 2020.
Adjourn by Kevin Asker at 6:47 p.m.
Tonya Kennedy – City Clerk
