Planning Commission Meeting
January 11, 2018
Present: Commissioners: Vice-Chairman Dale Fowers, Commissioners Mary Simpson, Jacob Draper and Cindy Cox, City Engineer Tracy Allen, City Attorney Brandon Richards
Excused: Chris Martin, Nathan Platt
WORK MEETING: Agenda and line items reviewed.
PLANNING COMMISSION MEETING
Vice-Chairman Fowers called the meeting to order at 7:00 p.m.
The Pledge of Allegiance and reverence was offered by Commissioner Draper.
APPROVAL OF 2018 PLANNING COMMISION CHAIRMAN AND VICE-CHAIRMAN
Vice-Chairman Dale Fowers opened nominations for 2018 chairman and vice-chairman.
MOTION: Commissioner Cox made a motion to nominate Dale Fowers as the 2018 Planning Commission Chairman. Commissioner Draper 2nded the motion. Commissioners Simpson, Draper and Cox voted 'aye'. The motion passed unanimously.
MOTION: Commissioner Simpson made a motion to nominate Nathan Platt as the 2018 Planning Commission Vice-Chairman. Commissioner Draper 2nded the motion. Commissioners Simpson, Draper and Cox voted 'aye'. The motion passed unanimously.
APPROVAL OF THE 2018 MEETING SCHEDULE
Commission reviewed dates for 2018 scheduled meetings.
MOTION Commissioner Draper made a motion to approve the December 14, 2017 Planning Commission Meeting Schedule. Commissioner Cox seconded the motion. Commissioners Simpson, Draper and Cox voted 'aye'. The motion passed unanimously.
APPROVAL OF THE MINUTES
The minutes for the December 14th, 2017 Planning Commission meeting were reviewed by the Commission.
MOTION Commissioner Cox made a motion to approve the December 14, 2017 Planning Commission Meeting Minutes. Commissioner Simpson seconded the motion. Commissioners Simpson, Draper and Cox voted 'aye'. The motion passed unanimously.
NEW BUSINESS
1. Conditional Use Permit-Oversized Structure- 4260 S. 5500 W.
Chad and Julie Funk, requesting approval of a conditional use permit for and oversized structure totaling 2,940 total square on the above listed property. Chad Funk present for questions.
Chairman Dale Fowers, reviewed the request. Application states building will have no plumbing or electrical and will not be used for a business.
The Commission discussed the required conditions:
No secondary use of building
Must submit a building permit for any additional changes to structure
PUBLIC HEARING
Chairman Fowers opened Public Hearing. No Comment. Public hearing closed.
MOTION Commissioner Draper made a motion to approve the C.U.P. for the oversized structure located at 4260 S. 5500 W. with listed conditions. Commissioner Cox seconded the motion. Commissioners Simpson, Draper and Cox voted 'aye'. The motion passed unanimously.
2. Rezone from R1 to R2 at 5370 w 4600 s Hadley/Karras
Shaun and Anita Hadley requested a rezone from R1 to R2 for the 14-acre property located at the above listed address.
Tracy Allen, city engineer, presented the request for rezone of the property listed above from R1 to R2. Also reviewed current city land use map and stated that property does qualify for request.
Representative for the property was not present for questions.
PUBLIC HEARING
Chairman Fowers opened the Public Hearing.
Drew Tubbs made the following comments:
Spoke in concern about the ability maintain current livestock standards
Would like to keep the area as a farming community with larger lots
Tracy Allen, City Engineer, and Chairman Fowers clarified that a land use fence would be required per city ordinance to separate agricultural and residential zones. City R2 zones allow for livestock animals and with the required improvements that need to be made for this parcel to be subdivided the number actual buildable lots will be reduced.
Jase McCormick had the following questions:
City requirements for right-away and future road ways.
The process and requirements for rezoning.
City ordinance for 'flag lots'.
Tracy Allen, city engineer, gave details and clarification to above questions.
Andrew Warwood made the following comments:
Spoke in concern about the livestock that is currently surrounding the land
Marsha Warwood made the following comments:
Spoke in concern about the current surrounding land use
MOTION Commissioner Cox made a motion based on discussion and testimony at the public hearing that the Planning Commission pass a favorable recommendation to the City Council for approval of the rezone request from R1 to R2 for the 14+ acre property located at 5370 w 4600 s by Shaun and Anita Hadley. Commissioner Draper seconded the motion. Commissioners Simpson, Draper and Cox voted 'aye'. The motion passed unanimously.
3. Foy Subdivision Amended Plat- Michael Taylor at 6061 W. 5900 S.
The purpose of this request is to amend the one-lot 'Foy Subdivision' created in 1995 in the cities R2 zone.
Tracy Allen, city engineer, presented the amended plat design and details of the '1995 Sub. Foy Subdivision, Lot 1.' For discussion to the Commission. This plat was reviewed based on whether or not the plat complies with current city ordinance and is mathematically correct.
Brandon Richards, city attorney, clarified that the city cannot determine boundary lines.
Key issues and recommendations from city staff for final plat review:
Clarification on several minor plat changes, including the 'By Prescriptive Use' 20ft strip of property on the east side.
The purposed 30 ft public right-of-way is not needed by the City. The right -of-way for access to the irrigation ditch and as an ingress & egress to the farm property to the south needs to be maintained.
Michael Taylor, property owner, available for questions.
Michael Taylor, property owner, discussed that he has maintained the 'gap' in the common boundary for the time that he has owned the property. He is requesting that the boundary lines and easement be adjusted to reflect what has been maintained over the years. Discussed that current driveway and landscaping onto this property is in the purposed easement.
Tracy Allen, city engineer, states that the city can only review how the plat complies with city ordinances.
PUBLIC HEARING
Chairman Fowers opened the Public Hearing.
Cynthia Segeiff made the following comments:
Surveyor representing Michael Taylor.
Discussed history of the original deed and history of the property boundary lines.
David Hawkes made the following comments:
Representative for H.L. Parker Farms.
Spoke on past and current boundary line description and described the intent by the property owners.
H.L. Parker Farms has obtained legal counsel on this issue.
Ada Parker Beuchert made the following comments:
Discussed history of the sale of the property in question.
Told purchaser that the lot would need to be surveyed.
Luke Balster made the following comments:
Real-estate agent that represented Michael Taylor during sale of the above property discussed details of sale of property.
Allen Parker made the following comments:
Spoke in concern about the request to add additional easements.
Tried to reach an agreement with the Taylors for an adjustment to the land boundaries.
Chrissy Taylor made the following comments:
Property owner, discussed attempts to meet an agreement with Parkers on land dispute.
Chairman Fowers made announcement for additional public comment. No comment. Closed the Public Hearing.
The Commission discussed the required conditions:
The right-of-way access to the Parkers
Discussion of ownership of the 30ft easement
Discussion on postponing motion until future date
MOTION Commissioner Draper made a motion based on the analysis of the staff report, discussions, and testimony at the public hearing that the Planning Commission table discussion for 1 month on the Foy Subdivision amended plat located at 6060 w 5900 s. Commissioner Simpson seconded the motion with recommendation that an agreement on boundary lines be submitted. Commissioners Cox, Simpson and Draper voted 'aye'. The motion passed unanimously.
4. Final Plat Approval of Blair Fowers Subdivision at 5800 W. 4600 S.
The purpose of this subdivision is to create one (1) single family residential building lot on 2.26 acres in the City's R1 zone.
Tracy Allen, city engineer presented the final plat review and design of the one lot minor subdivision for discussion to the Commission.
Key issues and recommendations from city staff for Final plat approval:
Escrow for curb/gutter/sidewalk improvements
Joe Adair, representative for the Blair Fowers Subdivision available for questions.
Chairman Fowers discussed the recommendations from city staff with the developer for the above subdivision. Will be required to escrow for curb, gutter and sidewalk improvements.
Commissioner Cox asked about requirements for a land use separation fence.
Tracy Allen, city engineer, stated that a land use fence would be required, per city ordinance.
PUBLIC HEARING
Chairman Fowers opened the Public Hearing.
Jase McCormick had the following questions:
Requirements for residential building standards and setbacks for a new home.
Chairman Fowers made announcement for additional public comment. No Comment. Public hearing closed.
MOTION Commissioner Simpson made a motion based on the analysis of the staff report that the Planning Commission recommend to the City Council final plat approval of the Blair Fowers Subdivision for one lot, located at approx. 5440 W. 4600 S. With a recommendation to escrow curb/gutter/sidewalk and that a land use separation fence be place along the north property line. Commissioner Draper seconded the motion. Commissioners Draper, Simpson and Cox voted 'aye'. The motion passed unanimously.
5. Preliminary Plat Approval of the Westview Subdivision at 5800 W. 4200 S.
The purpose of this subdivision is to create fourteen (14) single family residential building lot on 8.7 acres in the City's R2 zone.
Tracy Allen, city engineer presented the first preliminary plat review and design of the fourteen (14) lot subdivision for discussion to the Commission.
Key issues and recommendations from city staff for final plat review:
Final approval letters will be required for final approval
Land use separation fence will be required
Commissioner Cox makes recommendation for land use separation fence along both East and West sides of future subdivision.
Mike Nelson, representative for Westview Subdivision, available for questions. Stated would comply with needed land use separation fence.
PUBLIC HEARING
Chairman Fowers opened Public Hearing. No Comment. Public hearing closed.
MOTION Commissioner Cox made a motion based on the analysis of the staff report and discussion that the Planning Commission recommend to the City Council preliminary approval of the Westview Subdivision, located at approx. 5800 W. 4200 S. With a recommendation that a land use separation fence be place along the west and east property line. Commissioner Draper seconded the motion. Commissioners Draper, Simpson and Cox voted 'aye'. The motion passed unanimously.
CITIZENS COMMENTS
Chairman Fowers made announcement for public comment. No Comment. Comment closed.
MOTION to adjourn was made by Commission Cox
Seconded by Commissioner Draper.
The meeting was adjourned at 8:43 p.m.
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