HomeMy WebLinkAbout02-16-2006 Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
Monday, February 13, 2006 -7:30 PM
Informal Meeting
Robert A. Lee Community Recreation Center
Meeting Room B
220 S. Gilbert Street
Thursday, February 16, 2006 - 7:30 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Public Discussion of Any Item Not on the Agenda
C. Rezoning Items:
1. REZ06-00002: Discussion of an application submitted by Autohaus L TD for an
amendment to a conditional zoning agreement to remove the requirement for a 30'
landscape setback from Highway 1 for .63 acres located at 809-817 Highway 1 West.
(45-day limitation period: March 13, 2006)
2. REZ06-00003: Discussion of an application submitted by Sycamore Apartments LLC for
a rezoning from Interim Development Multi-Family Residential (IDRM) zone to Low
Density Multi-Family Residential (RM-12) zone for 1.51 acres of property located on
Kountry Lane SE.
(45-day limitation period: February 27,2006)
D. Consideration of the February 2, 2006 Meeting Minutes
E. Other Items
F. Adjournment
Informal
Formal
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sarah Walz
Item: REZ06-00002
Date: February 16, 2006
GENERAL INFORMATION:
Applicant:
Autohaus Ltd.
809-817 Hwy 1 West
Iowa City, Iowa
354-2550
Contact Person:
AI Williamson
2875 Wapsi Ave. NE
Iowa City
Phone:
643-5867
Requested Action:
Change in the Conditional Zoning Agreement to
eliminate the requirement for an additional 30-foot
setback from Highway 1 (Item 4E) for the Nissan
portion of the property.
Purpose:
To allow the retail to present a uniform front setback
consistent with the adjacent Carousel VW/Audi lot.
Location:
817 Highway 1 West.
Existing Land Use and Zoning:
Intensive Commercial (CI-1)
Surrounding Land Use and Zoning:
North: Residential - OPD/RM-20
South: Commercial and airport -CC-2, P
East: Commercial- CI-1
West: Commercial -CC-2
Comprehensive Plan:
General Commercial.
File Date:
January 25, 2006
45 Day Limitation Period:
March 13, 2006
BACKGROUND INFORMATION:
The applicant, Carousel Nissan Motors, has submitted an application for a change to the
Conditional Zoning Agreement (CZA) affecting their property. As part of the 2001 rezoning from
1-1 to CI-1, which allowed the construction of the current Nissan building, the CZA includes a
requirement for a 30-foot landscaped setback from the right-of-way and prohibits paving,
parking or displaying merchandize on the setback (see Item e in the attached CZA). The
attached aerial photograph depicts the 30 foot setback area. The setback is required to be
landscaped with groundcover (Le. lawn grass). An additional landscaping requirement in the
CZA (Item d) calls for all parking rows, including those for vehicle sales, to terminate "in a
2
landscaped bed 9 feet depth".
This Conditional Zoning Agreement is similar to those placed on other properties (Le. Menards
and Toyota) along the Highway 1 corridor. The intent of the setback and landscaping
requirements is to provide for attractive development at the southwest entrance to the city in
accordance with the Comprehensive Plan and to prevent parking or display of merchandize
beyond the paved display area.
During the rezoning hearing at which the CZA was adopted for Carousel Nissan, there was
considerable discussion about the issue of parking on the grass landscape at the adjacent
Carousel VW/Audi lot. The discussion centered on the history parking violations as well as how
to enforce the parking restrictions. It was noted that Carousel had recently stopped parking cars
outside of the paved display lot.
At the time of the rezoning, the City of Iowa City maintained a right-of-way/frontage road (west
of Ruppert Road) running across the entire front of the Carousel VW/Audi lot and a portion
(about 1/3) of the Nissan lot. Shortly thereafter, the City vacated this right-of-way to Carousel.
The vacation agreement required Carousel to incorporate its two parcels (the AudilVW parcel
and the Nissan parcel) into one and to landscape and maintain the Highway 1 frontage in
compliance with a landscape plan approved by the City. A substantially landscaped buffer
would serve in lieu of a 30-foot setback. The landscaped buffer would also substitute for
financial compensation to the City for vacating the right-of-way. Carousel subsequently
combined the two parcels and landscaped the entire frontage for both the Nissan and AudilVW
dealerships. Although the landscaped buffer has been provided across the entire front of the
Nissan lot (beyond the end of the frontage road), this portion of the Carousel property is still
subject to the CZA and thus is required to have the 30 foot setback.
As recently as fall 2005, Carousel continued to display cars outside the paved lot along the
right-of-way on Ruppert Road and in front of the landscaped beds at the VW/Audi lot. In
addition, the dealership began displaying cars within the setback in front of the Nissan portion
of the lot. In late fall 2005, it was noted that islands within the paved lot near the former frontage
road, which were part of the approved landscaping plan, were not landscaped as specified in
the agreement (they contain only lawn grass) and instead were being used for parking
additional cars.
Since that time, Carousel has come into compliance with the CZA and no longer displays cars
in the right-of-way or on anywhere outside of the paved parking area.
The applicant is now requesting to eliminate the requirement for a 30-foot setback from
Highway 1 (Item 4.e) for the Nissan portion of the property. Removing the additional setback
would allow the Carousel Nissan to present a front display area consistent with the adjacent
Carousel VW/Audi lot. If the CZA is amended the current zoning code requires that a 10-foot
wide landscaped area be maintained between the right-of-way and the vehicle display area.
ANAL YSIS:
Since substantial landscaping in front of the vacated right-of-way was intended to serve the
same purpose as the 30-foot set-back requirement in meeting the aesthetic standards for the
Highway 1 corridor, and because the applicant has extended that buffer across the entire lot,
staff views this as a reasonable request. The problem of illegal parking and displaying of
vehicles outside the paved lot, which was noted at the time of the CZA and continued
intermittently until fall 2005, has now ceased, and the dealership has complied with restrictions
on parking outside of the paved areas of the lot. To bring the property in complete compliance,
the trees and landscaped islands that were required by the vacation agreement should be
ppdadminlstfraplraz06-00002.doc aulohaus.doc
3
installed prior to the additional paving being installed within the 30 foot setback area. It should
be noted that all other requirements of the CZA remain in effect and that the current zoning
code requires a 10 foot landscape bed adjacent to the Highway 1 right-of-way.
STAFF RECOMMENDATION:
Staff recommends approval of the change to the CZA removing the additional 30-foot setback
(Item 4. e) subject to maintenance of the landscaped bed at the front of the lot and complete
compliance with the landscape plan approved as a requirement of the right-of-way vacation
prior to installation of any additional parking or display areas within the 30 foot setback.
ATTACHMENTS:
1. Location Map
2. Aerial photo
3. Conditional Zoning Agreement
4. Landscape Plan
Approved by ~&f~
Karin Franklin. Director,
Department of Planning and Community Development
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Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Autohaus, Ltd. (hereinafter "Owner") and the City of Iowa
City, Iowa, a municipal corporation (hereinafter "City"); and
WHEREAS, Owner has requested the City rezone approximately .63 acres located at 809 Highway 1
West from 1-1, General Industrial, to CI-1, Intensive Commercial; and
WHEREAS, the proposed rezoning is compatible with adjacent commercial zoning to the east and south,
and with the commercial character of the Highway 1 Corridor; and
WHEREAS. the size of said property. .63 acres, is too small to provide for uses typically allowed in the
General Industrial zone; and
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. WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa CitY may imoo. ftS) reasonable
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conditions on granting an applicant's rezoning request, over and above existing reguli~~ in O{der idJ
satisfy public needs related to the requested zoning change; and ~ ~2 -.J ~
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WHEREAS, the City of Iowa City has a policy to preserve and enhance the entrances to tti. B'ty; affii
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WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS. the approximate .63 acre property is in close proximity to the Iowa City Municipal Airport, and
therefore, there are certain restrictions on the development of the property; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure
appropriate development, to help ensure development does not detract from the appearance of the
Highway 1 Corridor, and to ensure development is in compliance with laws and regulations governing the
property due to its close proximity to the Iowa City Municipal Airport; and
WHEREAS, Owner and City acknowledge that similar conditions have been placed on other properties
within the Highway 1 Corridor; and
Autohaus. Ltd. Conditional Zoning Agreement
Page 2
WHEREAS, Owner agrees to use this property in accordance with the terms and conditions of the
Conditional Zoning Agreement to ensure appropriate development of this property.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
. 1. Autohaus, Ltd. is the owner and legal title holder of property located at 809 Highway 1 West and
northwest of the Iowa City Municipal Airport, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79
North Range 6 West of the Fifth Principal Meridian; Thence NOD 051'23"E, 1157.17 feet along
the East Line of said Southwest Quarter; Thence N89008'39'W, 60.00 feet to a point on the
East Line of Lot 1 Ruppert Subdivision, Part One, as recorded in Book 27 at Page 15, of the
Records of the Johnson County, Iowa Recorder's Office; Thence SOO051 '23" W, 133.69 feet to
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the Southeast Corner of said Lot 1; Th~ELI\I~~~1~.QJD~ South Line of () ~
~~~orner of_~aid_~~ Thence NOQ051'23"E, 226.17 feet along the
West Line of said Lot 1 to the Point of Beginning; Thence N49057'39'W, 2BO.63 feet; Thence
Northeasterly 184,38 feet along a 2231.90 foot radius curve, concave Southeasterly, whose
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184.33 foot chord bears N72035'52"E; Thence N7405TS-z;t, 44.17 feet; Thence ~
S00051'23'W, 7.99 feet to the Northwest Corner of said Lot 1; Thence SQOo51'23'W, 239.16
feet along the West line of said Lot 1, to the Point of Beginning. Said Tract of Land contains
27,283 square feet, more or less and is subject to Easements and Restriction of record.
3.
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The parties acknowledge that Iowa City has a policy, as stated in the Comp@ensiv~lan, to
preserve and enhance entrances to Iowa City. Owners agree and aCknOWledg~ thi~Oli~
reasonable, proper and appropriate under the drcumstances. () ". I .--
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Owner acknowledge that the City's policy concerning entrances governs thi~nin~eqU~
and, therefore, agrees to certain conditions over and above City regulations ~ be iniPsed in
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order to lessen the impact of the development on the surrounding area.
2.
4.
In order to provide for attractive development at the southwest entranceway to Iowa City, to
ensure the coordinated development of the above-described land so. as to minimize traffic
conflicts and congestion in the area, and to ensure that development on the property complies
with laws and regulations goveming development of the property due to its close proximity to the
Autohaus, Ltd. Conditional Zoning Agreement
Page 3
Iowa City Municipal Airport, Owner agrees that the development of the subject property will
conform to the following conditions:
a. Any proposed development on the property shall not have direct vehicular access onto
Highway 1. Access to the property shall be through access drives from adjacent
properties.
b.
c.
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No outdoor storage of merchandise or material, except for that associated with auto
vehicle sales, plant nurseries and florists shops, shall occur within 100 feet of the Highway
1 right of way. Storage areas beyond 100 feet of the Highway 1 right of way shall be
screened from view with a solid wall at least six feet in height, and a landscape bed at
least 15 feet in depth shall be located adjacent to any such wall between the wall and the
Highway 1 right of way.
Loading docks shall not be located on any building wall or other wall facing Highway 1.
Loading docks shall be screened or located so they are obscured from vision from
Highway 1.
d.
All parking rows, including those for car or truck sales, shall be terminated with a
landscaped bed nine feet in depth. The landscaped bed shall be planted with parking lot
trees which may count toward the parking lot trees otherwise required by the City.
Ornamental trees may be used if the mature height of large trees is found to potentially
penetrate the minimum obstruction clearance height for the Iowa City Municipal Airport.
f.
There shall be a 3D-foot setback from Highway 1 that shall be landscaped wit~round
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cover. No parking or display of merchandise or paving other than s~~lkS ~all be
permitted in this 30-foot setback. )> ::J ~ 11
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In order to minimize the potential for a blank wall to face Highway 1, tfii~ldingsyall,rJ.
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walls facing Highway 1 shall be constructed of masonry, including bri~smne,~esse
concrete block, and/or stucco or like material when used in combinatiort>with a ~sonry
finish, or of architectural metal exterior wall materials in combination with a masonry finish.
Alternatively, a minimum of 30% of the building wall shall be window openings or windows
spaced at least every 50 feet along the wall, or other changes in the pattern of the wall
surface may be approved, provided the majority of the wall is masonry or like material, or
Autohaus, Ltd. Conditional Zoning Agreement
Page 4
architectural metal in combination with masonry, with approval of a site plan by the
Director of Planning and Community Development.
g. Any and all development shall comply with all local, state and federal laws and governing
the development of the property due to its close proximity to the Iowa City Municipal
Airport.
5. The Owner agrees that every development proposed on the subject property must submit a
development concept plan to the Department of Planning and Community Development prior to
development. The Director of Planning and Community Development shall review and approve
the concept plan based on the criteria listed herein. The director may approve a concept plan
containing minor modifications to the criteria listed above, provided the modifications satisfy the
intent of the criteria. Decisions of the Director may be appealed to the City Council after review
and a report by the Planning and Zoning Commission.
6. The Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 (2001), and that said conditions satisfy public needs
which are directly caused by the requested zoning change.
7. In the event that the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms of this conditional zoning agreement.
8. This conditional zoning agreement shall be deemed to be a covenant running with the land and
with the title to the land. and shall remain in full force and effect as a covenant running with the
title to the land unless or until released of record by the City. The parties further acknowl~ge that
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this agreement shall inure to the benefit of and bind.all successors, representati~And ~igns of
the parties. )> ~ ~ -n
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9. Owner acknowledges that nothing in this conditional zoning agreement shatrb~on~ed~
relieve the owner from complying with all applicable local, state and federal regu~~.; \......J
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10. The parties agree that this conditional zoning agreement shall be incorporated by reference into
the ordinance rezoning the subject property; and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at City
expense.
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sunil Terdalkar
Item: REZ06-00003 Kountry lane SE
Date: February 16, 2006
GENERAL INFORMATION:
Applicant:
Sycamore Apartments llC
821 South Gilbert Street
Iowa City, IA 52240
(319) 354-1961
Contact Person:
Brenda Nelson
Nelson Design
112 W 5th Street
West Liberty, IA 52776
Phone:
(319) 627-6818
Requested Action:
Rezoning from ID-RM to RM-12
Purpose:
Development of multi-family residential buildings
location:
Kountry lane SE
Size:
Approximately 1.51 acres
Existing land Use and Zoning:
Undeveloped -ID-RM
Surrounding land Use and Zoning:
North: Undeveloped, County residential- R
South: Park, Public - P
. East: County Residential - R
West: Multi-family Residential- RM-12
Comprehensive Plan:
Multi-family Residential
Neighborhood Open Space District
Saddle Brook
File Date:
January 26, 2006
March 13, 2006
45-Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
Sanitary sewer and water lines are available
Public Services:
The City will provide Police and fire protection.
Refuse and recycling collection services will be
provided by a private provider. Currently no
transit routes serve this area.
2
BACKGROUND INFORMATION:
The applicant, Sycamore Apartment LLC, is requesting approval for rezoning a 1.51-acre property
from Interim Development (ID-RM) to Low Density Multi-Family Residential (RM-12) zone. The
property is located on the Kountry Lane east of Sycamore Street. The property is part of an overall
development under the ownership of Sycamore Apartments LLC. The applicant has provided a
concept plan showing two new multi-unit apartment structures to be added to the overall
development. This property was annexed into the city in 1994. At that time it was zoned ID-RM
along with a larger tract to the south. The larger ID-RM area was separated from this 1.5 acre tract
when the City purchased property for the Sycamore Greenway.
ANAL YSIS:
Comprehensive Plan and Zoning
The current zoning Interim Development Multi-family Residential (ID-RM) permits limited
development of the property due to the lack of adequate public utility services. The larger portion
of this property, located to the west, was rezoned for multi-family residential use while it was still in
the County jurisdiction. At the time of annexation to the city, the zoning designation for the portion
that was already zoned for multi-family use was carried forward and the undeveloped portion was
rezoned to ID-RM. An adjoining property on the east is a single-family residential property and the
land under consideration provides a transition or acts as a buffer from the existing multi-family
residential development on the west. When the 1.51-acre land is developed, this transition will not
exist. The applicant has submitted a concept plan, which shows how apartment buildings could be
built on this property with a buffer for the adjacent single-family house. The structure placed
closest to the east boundary is shown approximately 35 feet away from the east property line and
could be potentially a 3-storey 12-plex. Staff recommends that a conditional zoning agreement
require a minimum 35-foot setback with evergreen landscape buffer.
Traffic Implications
The property is accessed though a private drive from Kountry Lane, which then connects to
Sycamore Street through Lehman Drive. Sycamore Street is currently a chip-seal road. According
to a 2002 traffic count, Sycamore Street carries approximately 1690 vehicles per day. With the
proposed rezoning, approximately 24 additional units could be developed, generating
approximately 144 additional trips per day (at a rate of 6 trips per day per unit). A portion of which
will contribute to Sycamore Street traffic. Although the condition of Sycamore Street is not ideal,
the proposed rezoning and development would only marginally increase the traffic count. Before a
larger area is rezoned for development, improvements of Sycamore Street to city standards
should be addressed.
Storm water management and Infrastructure fees:
The storm water run-off from this property drains to the South Sycamore Regional Storm Water
System and therefore a Green Space fee of $855 per acre (a total of $1,291.05 for 1.51 acres) is
required. Sanitary sewers tap on fees $1,796.50 per acre (a total of $ 2,712.72 for 1.51 acres) and
water main extension fees $395.00 per acre (a total of $ 596.45 for 1.51 acres) apply to this
property.
STAFF RECOMMENDATION:
Staff recommends that REZ05-00020, a rezoning of approximately 1.51 acres from Interim
Development Multi-family Residential (ID-RM) to Low Density Multi-family Residential RM-12
located on Kountry Lane, west Sycamore Road, be approved, subject to a conditional zoning
agreement requiring a minimum 35-foot building setback from the east property line with
evergreen landscaping to provide a buffer for the adjacent single-family house.
ppdadminlstfreplrez06-00003 kounlrylane
3
ATTACHMENTS:
1. Location Map
2. Concept Plan
Approved by: p~,
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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MINUTES
PLANNING AND ZONING COMMISSION
LOBBY 90NFERENCE ROOM
FEBRUARY 2, 2006
PRELIMINARY
MEMBERS PRESENT: Ann Freerks, Bob Brooks, Don Anciaux, Beth Koppes, Wally Plahutnik, Dean
Shannon
MEMBERS EXCUSED: Terry Smith
STAFF PRESENT: Bob Miklo, Sunil Terdalkar, Mitch Behr
OTHERS PRESENT: Glen Meisner, Kevin Parrott
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval by a vote of 6-0, (Smith absent) SUB05-00032. a final plat for Galway Hills
Subdivision Part IV, a 24-lot residential subdivision located on approximately 10.41-acres of land south of
Melrose Avenue and East ofHwy 218 subject to Staff approval of legal papers prior to consideration by
City Council.
Recommended approval by a vote of 6-0, (Smith absent) SUB06-00001, a final plat for Parrott Estate
Addition, a 17.94-acre, 2-lot single-family residential subdivision located on Conklin Lane.
CALL TO ORDER:
Brooks called the meeting to order at 7:30 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
DEVELOPMENT ITEMS:
SUB05-00032, discussion of an application submitted by Dav-Ed Limited for a final plat of Galway Hills
Part IV, a 24-lot, 10.41-acre residential subdivision located on Galway Drive
Terdalkar said this was the final plat for a 24-lot residential development on approximately 10.41-acres of
land. The rezoning and preliminary plat were currently pending before City Council. Staff recommended
approval of SUB05-00032, subject to Staff approval of legal papers prior to consideration by City Council.
Freerks asked if the location of the water feature was unusual or would be problematic with respect to the
safety of the neighborhood children.
Miklo said he thought the particular location was due to the topography of the land. It was an already
existing pond. The ponds in the Wellington development had raised concerns about neighborhood
children being attracted to them. The neighbors in that area had come before the Commission to express
their concerns about safety which had been addressed with fencing and the planting of evergreens to
screen and block the area from public access. He said none of the existing residents in the Galway Hills
raised such a concern.
Public discussion was opened.
Glen Meisner, MMS Consultants, said he was there to answer any questions the Commission might have.
Public discussion was closed.
Motion: Plahutnik made a motion to approve SUB05-00032, a final plat for Galway Hills Subdivision Part
IV subject to Staff approval of legal papers prior to Council consideration. Anciaux seconded the motion.
The motion passed on a vote of 6-0 (Smith absent).
Planning and Zoning Commission
February 2, 2006
Page 2
SUB06-00001, discussion of an application submitted by Kevin Parrott for a final plat of Parrott Estate
Addition, a 2-lot, 17.95-acre residential subdivision located on Conklin Lane.
Terdalkar said the applicant had requested that the name of the subdivision be changed to Parrott's
Estate Addition from Lacy's Run Addition which had been approved on the preliminary plat. Most
deficiencies had been corrected, Staff recommended approval of SUB06-00001.
Plahutnik asked if the 50-foot wide right-of-way (R-O-W) dedication would permit sidewalks, especially in
the area of the existing house.
Miklo said it was the City's intent to acquire the R-O-W now and when the street was developed at some
point in the future, there would be room for sidewalk(s) on both sides. The installation of the sidewalks
would be tied to the development of the street.
Public discussion was opened.
Glen Meisner, MMS Consultants, said three brothers would be living on the property of their parent's.
Kevin Parrott intended to build a home on lot #2; a second brother lived in the existing home and a third
brother would build on a parcel as indicated on the site map.
Public discussion was closed.
Motion: Freerks made a motion to approve SUB06-00001. Koppes seconded the motion.
The motion passed on a vote of 6-0 (Smith absent).
OTHER ITEMS:
Miklo said a larger, revised zoning map had been included in the Commissioner's information package. It
showed the central area in an easier to read format.
At the previous meeting, Staff had been requested to investigate the status of the driveway at the corner
of the Bud Lewis property and Foster Road. The agreement had been that when Mr. Lewis or his wife no
longer resided on the property, then the drive would be closed. At this time Mrs. Lewis still resided on the
property.
ELECTION OF OFFICERS:
Motion: Anciaux made a motion to nominate Bob Brooks as Chairperson of the Planning and Zoning
Commission.
Motion: Koppes made a motion to cease nominations.
Motions passed on a vote of 6-0 (Smith absent).
Motion: Shannon made a motion to nominate Ann Freerks as Vice Chair of the Commission.
Motion: Koppes made a motion to cease nominations.
Motions passed on a vote of 6-0 (Smith absent).
Motion: Anciaux made a motion to nominate Beth Koppes as Secretary for the Commission.
Motion: Freerks made a motion to cease nominations.
Motions passed on a vote of 6-0 (Smith absent).
CONSIDERATION OF 1/19/06 MEETING MINUTES:
Motion: Anciaux made a motion to approve the minutes as typed and corrected. Koppes seconded.
The motion passed on a vote of 6-0, (Smith absent).
ADJOURNMENT:
Planning and Zoning Commission
February 2, 2006
Page 3
Motion: Koppes made a motion to adjourn the meeting at 7:47 pm. Anciaux seconded the motion.
The motion carried on a vote of 6-0, (Smith absent).
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcdlminules/p&zJ2006102-02-06.doc
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