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PL 01/24/1979 - 30503�i � ' . • � � 6� r., oa�e� : cr�t or �RZDr.� � I'I,APiT3ING COT�SSIOTd P�TING a JI�PIUARY 21E' 1�79 ,� Cl�T� TO ORDER ; Chairmar� Harris c�Zled fi,he J�,nur�ry 2�, 1979, meeting of the Plannin� Cormnission meetin� to order at 7:�+5 P.M, ROLL CALLs A4embers Present: Aqr. H�arris9 Mr. Storla� Mr. Oquiste I�. Petersan Members Absen�: Ms. Schnabel (�rrived at 7:50 P.M.}9 Mr. LangenieZd (arrived at 8;30 P.�7,� Others 1�ce�ent: NJr. Boardman, Ci�y Pl�nner 1, APPROVE PI�ANNIriG CaMi�ISSTON b9TNUI'ESe JANUI�RY 10, �979: I�OTION by A�r. Oquist9 seconded by Mr. Stc�rla, �o �pprove the January 108 197g9 I'lanning Cora:iissiar� rninuteso UPON A VOICE VOTE� ALL VOTITIG AYE' CFiATR2��I HAF,RI6 DECLARED THE MTP?U'I'ES APPROVED AS 4lFiITTEN. t 2. PUBLIC i��P,RII`;G: COI��S��Rt��ION OI+ A PROPO�E� PRELII��NARY PL1aT� P.S. �j''j8�08� COLir�k � ZT�dDITS'I�,Ir"3L P�`�.RK ��Y !',pBER'� SC:3FC��kt Being a replat of the� �he �`, S�rt ; oi' �;�ctioz7 11 rarc�l 5 L� , and. L•ot j, Revised A. S. ,�-778 ia� the South H.alf of Section 109 gcs�erall.y loc:ated betti�een 69th ar�r3 73rd Avenues N.E: between University Avenu� t�.E. arad the Bux°lirigton I�aox°ichex�n ri�nt of way. � NIt)TION by Mr. Pet,�rson� sc:cor�ded by A�. Oquisic, �o open the publ,�c hearirag. LTFOId A VOICE VOTE� ,4.�T L VO�TIr1G AYE' CHAT.RMAid FI�.RRIS DECLARED THE PUBLIC FiEARIrdG OPEIV AT 7: �+5 P.M. A�. Board�-�an sho���ed �h� Commissioners -��e plans and expl.ained that Bob Schroer Yaad picked up �he Se��°s property, and �her� was a power line �ahich s�lit �he pioperty, tdith 40 acres on each side. A� �his time� Mr. Schroer �*ould like �o plat the north portiorl oi the praperty into iaidus'�rial end comulercial development. He would like co�erciral �long -the highway, light is�dus�rial throt�,h the cen�er and heavy industrial on th� outside. Tiie way the pl�ts are set up, everythinU would meet code and the s�reets and utilities would be all righ�c. Tbey would need a Rice Creek Waterstaea� review on t�e platp and �ihey wer� in i;l�e p?^ocess of doing -�hat. Regarding the rezonin�y even thougb tha� 3s th� next i�em of dise�assion� if this was xezoned to commercial, �th�re ��auld Ue a 1Q0 fb�t setbaek requireman� for building on �ch�ic pla-c. Wi�;h tha-t 100 foot; setbacn line, there woulc3 be two 1o�s on whieh it would be very difficult to build w3thout � vari�nce. They would also require 10 fbot easement lin�s Around the property �o r�llow tl:e�n the �n�ximum flexibility. Tl�ere could b� some �reas where �hey wouldn''t want easem�nts� Uu�t t�iey �.ou].d have to �•rork wi�h �:�e property owner ou tha't. Basica7.ly �tlzese lots would be the ones with a zero lot; line for industrial building. Jerry Paske was apparently loaking a� pickinfi; up �i;hese pro�crties for industriAl constru�tion. Al�o� i� �he park was develop�d� ichey taould wa�t a 50 foo� easement for the driveway into the p�i•kin�; lot. I:f they do pick up the proper�yr south of �.he easement line' they would like �o taave �he plat� extended down �o -�Yie south boundRry of �I;he e�sement line. � '� � � PLAP1PdING COMt�IISSIUrd MEETIPIG, JANIJIIRY 24a 1979 - _ PAGE 2 IN�. Boardman also state� tha'c Subuxban Ea�ineerin� wn, presently developing a plan �, to be submitted to 'the Rice Creek Wr�tershed for the draina�e. They were looYing at poten�ia7. drainage out to the railroad ditch �,r�d then �o drain to another area where a na�ural basin would be developed for ponding� stora�e' etc., beiore it would �o into -the Rice Creek Watershed for na�ural filtration. Mr. Schroer sta'ted '�hat on �the comercial areas, they were r�versing what they had done on previous areas. '1'hey tsere putting the service drive behind the commercial and movin� the buildings closer to �the highzrr�y and �he parking would then be behind. Mr. Harris asked about the 100 ioot se�back. I�Ir. Schroer stated they had a problem with that. Mr. Harris asked if they could re-align some of the lo�s. Mr. Schroer stated that Jim Benson, Mr. Paske°s represen�t�tive could expZain what they wa.nted. Mr. Paske is the potential buyer �Mr. Ben9on stated �ha't he realized tha� the Ci�y had the 100 foo� setbacks for good reason9 but he quest;ioned -�he need for a 100 ioot setback in this particul�r development considering that the buildings wou3d b� se� up against Universi�iy Avexiue end the parking �rould ac� as a buffex�, also because this would be a co�nplete plat and not as t�ough ichey were trying to isolate some�thing somevrhexe else, and also, because this tdould be li�at indus�trial, _�h� buildings along there wovld be almos-� as �oc,d lookin� as coar;mercial � bu.ildings . • Mr o iiarris stated i� was a part oi �the zoning ordiraance, bu�t they could �ask �or a v�riancee Mr. Boardman st�ted the 100 foot setback would also ensuce adequ.ate parking' because they can park in the 100 ioo�t se'tbaek. Mr. Harris s�ated it would be a similiar si�uatzon to Ranchers Road. hSr. Benson noted that the end building on Ranchers Road, the one on 79'th and Ranchers Road, there �he building was �cux�ned �iving it 35 feet and the parkin� was across �the front. l�r. Harr3s stated tha� with 'che plat�tin� and rezoning, the variances could be a stipulatione Mr. Boardman stated that i� they �pprove �he plaicting and rezoning, they would be providing a hardship for the construction on these lots and the �ppeals Commission taould be hard pressed to deny a variance request. This should be considered in their d.eci�ion. ' N�.r. Benson s�tat�d that the purpose of the 100 fbot setb�ck� wl�en applied to this lot� �a�uld not se�m lo�,ical, cansidering the li�h�ter zor.in� and �11� And maybe a 50 foot setback would be enou�h. Mr. Schroer noted thQy were also tal.kin� about a 66 ioot road right of ��ay. Mr. Harris asked if there would be ca prob�.em wi�h the c�ther 5Q foot easem�nt for the roadway. Nr. Bensor� stated tha� would not be a problem. �� iS 1 � � ,{' ��j;;.: :� p� .. :L�aS��.i:£.a PLAPJIdTNG ('ONIt�ISST0a1 P�TIIVG, JAPNARY 24, 1�79 - PAGE � Mr. Harria �sked i� there would be a problem wi1;h extendin� the plat line to coincide with the southern easement bous��3�x� line. h�°. Boardraan stated they were coneerned about that because if it �as turned over to public proper�y' �hey don°t kriow how �hey would use it and at this point in time they would like to require a bufgex by the 3ndustrial proper�y d�ithin that portion. They would stiZl be abl.e to utilize that area for parking and �rucks. Mr. Harris asked if' that was Ni�l or M 2e Mr. Benson s-��ted the proposa7. �ras M-2 and through 'che cer�ter was Ml. P�c. Harris asked which w�y they �rauZd be facin�. Mr. Benson stated the en�rance would be on the side similiax° to Perkins, and the building would be moved up close to �he hight:*ay. D�. Board.n:an s�ated most of them would �r�nt exposure to University �venue wa.�h the parking in �the back. Mr. Peterson asked if it was essential 'chat the roads in the M 2 match up. Mr. Boardman stat�d ichey would �ra.nt the s�reets lined up because when they were not l.ined up, ther� woulcl be a greater po�en�ial ��r acc�.�entse I�. Boardman also st�ted n i;hey �roul.d rec�uirc undergroun�. u'cilities with the pla�. Mx. Harris aske� what they should do about iche d.rain��e. Mro Boardman stated that Suburbnza Engzi��ering was looking at it a�nd pu�t�ing togethe� a� plan for drainage fox the Rice Creek Wa'cershed. They were looking �t drainage i.nto the Coun-�y park area e Mro Peterson askecl if th� park had been �pproved in terms of funds. Mr. Boardman sts�ted �Cbat the Ccuxity had been �pproved in terms of Ptr.nds and th� Ci�y was still waitin�. Tf' they caainot purchase the properi�y� Mr, Schroer would be deve].oping t�iis as industrial pro�bably, a:�d he wou:l.d take care oi �.rainage with that pla�. Mr. Boardman s�n�ced they �rere ho�ing to have �he drainage plan a� this time. There should be a stipula�tion ico the plat that Riee Creek �aaicershed �pprove �he drainage and if someiching should h�ppen where �this property could not be purchased as park facilities, the draina�e frcm �his plat would be talcen care of within that plat. Mr. Harra.s s�ated. they should have an a�reer�ent in wr3.ting regardin� that� as well as the sicipula�c3o� for the pl�ic. Mr. Hr.irris asked if �nyone 3n the �udience wished �to speak regarding this item. Mr. Ed Stephensp 2�+9 = 69vh Avenue N.E.� ststed that he was concerned about the other 40 acres, the souther half of �the property, and SVondered if �hey would get a notice � when tha't �aas bein� developed. hi�°. Harris stated they wotild be no�:iiied before thst area was developed. r' PLAI�TNING C0�'ISSION T'tEETINCr JAIVURRY ?�+ �.979 - PAGE 4 Mr. Harris a.sked hota the zonin� code regardin� the 100 ioot setback re�d. � Mr. Boardman stated the cc3e required a 100 f�ot se�Cback across any right o� way irom any other zone i'ur indu�trial. P+Ir. Boardm�n then rer�cl the zoni�� code to the Co�nis sione rs . Mr. iiarris atated �they should look at tha'c cod� when �hey review �the cade changes. In some inst�nces it �rou].d work and in others it did not make sense. Mr. Oquist statea it did not make sense in this ctase wbere those lots �rere fa�cir.� �wo different kinds of zo�es. Mr. Harris stated he would have to agree with Mr. Benson9 that considering what property costs and to get i� into buildable shape, �ha'� would be a real burden to have a 100 �'oo� setback on �his particular praperty. her. Peterson stated that if they apnrove this� ichey would be �akin� the op�ion away from the Appeals Com�ission, and asked i�'is. �chnabel how sh� fel� about it. I�iso Schna�bel sta�ed s1�e was trying i;o visualize how i;hese buildings would look and felt that tlae point was rre11 taken that ii the setback only has �CO be 35 feet or� two of the J.ots and 100 feet on the othex° two, i-� wouldnB� make sense� Ms. Schnabel s�cated she did not think. tha.t taas the inten� o� the zoning codee Also, to have a 100 foot setback on both sir�es �� the one par�ticular lot �was much �ovgher �o co�gly wi-th. These setbacks would no� effect or help anythin� that much. IdIrr. Pe-�erson asked if iahen the buildin� peri:ni.ts are appl.ied ior' wovld there be anything n the�e �o �ive some continuity �o �he �+ lo�ts alor�g 73�'d and �the lots com�� sou�h along the new proposEd roa� o The ��ay they place �h� bui � ding on lo�t �. �aould effect it going bo�h w�ys. • Mr. Boardman s�tated P�tr. Paske would mos� likely ha.ve 100 'ca 105 foot setbaelc on 73rd, because the way �those lots are se�back, k�e would have �two zero lo�t lines. The buildings would be facin� 73rd wiich iche parking in iront. N`s, Harris asked Mr. Benson if that was the wa�,� I�'. Paske would do iic� on lots 1 throtagh �+� would he put the pax°kin� in £rcnt facing 73rdo Mr. Benson s-ta�ted he would do i� tk�at way. Mr. Ii�zrris asked if there was a 1�0 fooic setUack line drawri from the new propased road rwnnin� pnra11e1 alora� 73rd all the way across, ��ould that work. hlr. Benson s'tatea it would. Ax. Harris sta�ed th�t th� problem 'chen was a1.on� the new pxaposed rosd. For clarificatioi�; Mr. Harris su�gest�d they call the stree'� �long the eas� side 't�" s-treet� 'the, one �hat runs ease axid west �o the sou�tb "B" �wr�et' and th� one to the �aest "C" stree�. Mr. H�rris state�, if tbey stipu�a-ted �ha'c a line from "C" street to "A" street runn3ng parallel to 73rd a�t a 100 foot setback, and ii they dicl awny with the 1Q0 foo� setback on "A" street �znd tt�de it a 35 foot setbacic, i� wou13 give continui�cy. � �S PLAPIr�I:ldc COM^�tISSIOr? T�ETiNGA JANUARY 2�+s �979 - PnGE 5 .,.1 N�-r. Benson st�ted tY�t because "A" s�reet curves� they would never get symme�r.y � 'chere . ,� Ms. Schna�,e]. asked wh�t the se'cback requir�men,t rras for lot 1 on "A" stre�t facing Univexsity Avenue. Mr. Boardman s�Lated �he setbac� was 35 feet except where property lines were adjacent. I't was �5' f�et from ar�y public ri�ht of way and University �,venue was a public right of �ray . Mr. Oquist s�a�Ged -�hat if you looked at i�, lots 3 and � have a 35 �oot se�tback require- mentl ancl lots 1 and 2 have a 100 foot setback requirement. That did not make sense loo�ing at the total area. � MOTION by P�Ire Peterson� seconded by Mr. Oquis�t9 to close the public hearirag. UPOid A VOICE VOTEr MR. PETERSON, MS. SC�-IlVABEL, MR. HARRISe MR. OQUIST9 AI�ID Mft. STORLA VOTIPIG Al'�, AI'vD MR. LI�NGENFELD AEiSTAINING' CHAZRMAN HARRIS DECLIIRED TAE PUBLIC HEARING CLOSED AT 8:�+0 P.M. Mr. Oquis•c stated tha.t ahat they had taorked ou� seemed to be reasonab].e along saith •che other �hi.n ;s such as vndex°ground u�Lilities, drainage9 moving the south lot liae ta �;ake into eonside�a�ion the easement� and require a 100 ioot; se�back along 73rd and a 35 foot setback along "A" street. The other setbacks would be standard. P�. �chn�bel �sked, x�egar�.irg tot 1' bounded by 73rd end "A" s-treet' with a 100 foot setback from 73ra and a 35 foot setbacl� �rom "A" street� how muc�i l�znd would be le��t ta buil!d oneo h4r. Boardmar� stated tha� the way �Lhe plat was pxoposed9 �they would h�ve 13� x 95 squaxe feet. �1ith the rear yard se-�back �hey �rould have 98 :t R5 square feet. A?r. Harris stated 'chey should be able to build a 129000 square ioot building there. N',r, Benson s-tated that �aould be satis�'actory. D10TION by P�r. Oqu3s�c, seconded by Mr. Pete�son9 to recommend to Council a�proval o� cox�sideration oi' �, proposed prelimin�ry� plrat P.S. #7$-OSe Columbia lndustrial Park by Robert Schxoer; Bei� a repla�C of the I1�r�4 oi the SW F oi Section 11 (Parcel 5�W0�9 and Lat 3, Revised A.S. �"jy 3n the South Half of Sectio� 10� generasl.�y located be- t�reen 69th and 73z°d Avenues N.E. between University Avenue N.E. and tha Burling�ion ATOr-�hern ri�l�� of way, wi��e the following stipul.ations: 1) Approval from Rice Creek Watershed; 2) Conti�;ency drainage plan and a for�.�l a�reement with lalro Schroer stati.ng that any drainage from 'chis pl�t taould have to be �taken care of with the acquisition or with the development o� the sou�h �0 acres; 3) Underground utilities; �+) Moving the south lot line �o t�ke into consideratioza the easer�en�E for the utility line; 5) A 50 ieot easement running sou�h off of "A1° stree�; 6) Tlie Comuiissioners recommend a�proval of a vaxia,nce for 35 foot se�;bacic from "A" stree�t with the understandin� -�h�t there would� be a 100 foot s�tback from 7�rd Avenue on lots 1 through �+ in the M-]. Zone. UPON A VOTCE VO'T'E, P��2, P�7.'F�SO1V, MS. SCHNAi�EL, MR. IiARTiIS, MR. O�UIST A11ID MR. STORLA VOTING AY�' �ND N�{. I��GEIV�LLD ABSTAININGy CHAIP.MAN HAF,itIa DECLN.RED THE MOTION C.�F�f'iTED. Mr. Lan�enfeld stated he nbs-��,3ned irom vo�in� because he �•ras late in arriving at the meetin� and niissed most of the discus�ion. s� PLANNZNG CON��ISSION r�EETxI1G, JANUARY 24, �979 PAGE (i 3. PUBLiC HE!�RIPIG: CONSIDERATIOFd OF A REZQNTIVG i�EQUEST ZOA �78-08 nY ROBERT SCHIiOER: Rezone I'roposed Preliminary Pla�y P.S. 7�0 � Colvmbia lndustrial � Plat� as follows: Lot3 7� 8, and 9' block ].� and Zot� 1-12� Block 2� rezoned Prom 2�-2 (heavy industrial areas) to M-1 (light industrial areas)� and Lots 1-6� Block 1, fror� i�I-2 (heavy indus�trial a'reAS) to C�2(general business areas)� genera]1y located between University Avenue N.E. and the Burlington Northern right of way between 69th and 73rd Avenue N.E. PdOTI01V by Mr. Peterson' seconded by P�Lr. Langen�eld' to open the publie hearing. UPON A VOICE VOTE� ALL VOTING AYE' CHAIRMAN H�LRRIS AECLARFD THC PUBLIC HEARING OPEN AT 8:50 P.M. Mr. Boardm�n stated �hat the property along Universi�ty Avenue woutd be cor�nercial property� the lots in the r�i.ddle would be M-l� which is ligh� industrial, and the lots along the railroad tracts wou].d be M-2� heavy industrial. � Mr. Hsrris asked Nfr. Schroer if the C�2 wnuld handle wh�..� they were looking a� 3n the commerci.al and if he was �ware of whaic was �l].owed in a C-2 zanee Mro Benson stated that he thought he was. Mr. Board�an explained that the C�2 was vesy broad. Mr. Aarris asked Mr. Benson if' they thought -�here would be more than ].OU parking sta].ls. l�r. Benson asised i•rha-� the ratio for parking was� and st�ted he did noic �hinY the�e would, �,, be more than 100 stalls. Mr. Boardma� st�ted tl�t the ra�io for parking w�s quite varied and went on to explaixi that the C-2 allo�as for a wide range of businesses. Mr. Storla noted that the C-2 would also allow bars and taverns. MOTION by Mr. Peterson� seconded by Mr. Oqvis� to close the public heax°in�. UPON A VOICE VOTEy ALL VOTING AYE' CHAI�MAN HARitIS DECI,ARED TAE PUBLIC HEARING CLOSED AT 8:58 P.M. A�°. Harris asked if there shovld be any stipulations. Mr. Boardman stated there were no stipula�tions except no access on University Avenue. Mr. Pe�erson sta�ed �Che �tate wouldn't allow �hat a�yway. Mr. Harris asked N`s, Schroer how wide the easement was along the back of the industrial property. Mr. Scizroer stated it was 100 foot. . Mr. Boardman sta�ed that al], the easemen�s had besn vacated except tl�e power ].ine. � ? . - . 'z- tp _ • . ' �,E -_.�,s.0 PLA'rJitITdG COI�TSSION I��`I'ZI�tC,� JA]'NAI�`�' 2�+9 1�7g � PAGE 7 �' I�. �i�rris �sked if there wasn°� a pipe in there somewhere. Mr. Boardmr�n stated -that along �the railroad there was a sanitary sewer line' a high �ressure �as ].ine and also a� 30 foot road�ray easement. Eut across �he property� there ��as oizly the power line. MOTION by Mr. Oquist� seconded by Mr. Lan�enfeld, to reconm�end to Council approva�. of consideration oi a rezoniug reques-c, Z01� �78-0�, Columbia ln.dus�Lria]. PlatD as iolla�as: Lots 7, 8 and 9' Block 1, and Lots ].�129 B�ock 2� rezon�d �'rom M-2 (heavy industrial axeas) to M-1 (li�ht industrial ax°eas)e ar�d Lots 1-6, BZock 1' from Mo2 (heavy indus-trial areas) to C-2 (general business areas)� generally loc�,ted between Uuiversity Avenue N.E. and the Burlin�ton Nori�hern right of way between 69�h and 73rd Avenue 1V.E. UPOTd A VOICE VO'I'E, ALL VOTINCz AYE, CFiFiIRMAPd HARFiIS DECLA.T�ED TFL M(YYi'ION CARRTED UNAIVIIUOUSLY. � Mr. Schroer tha.nked �the Comnaiss3oners and sta�ed. he would keep in touch �riich the Ci��r Stai'f regardin� utilit�es, etc. �+. RECESVE H(.�NIAN RESOL�4?CES COP�SSION Mi1VUTES: JAl�TUA.RY �, 1979: MOTIOIV by° NLra Storla� seconded by Mr. Langenfeld9 to re�eive the January �+� 1.979 minutes oi �he Hum�n Resources Commission. n Mr, �ngeni'e1d �,sl�ed i�i.�^o S�orla ifi �th�y' we�^e goi.ng to think about an ord.inanre as far as the Huran Ri�hts ��as conce�ned. I�1r. Storla stut�d they would have to cliscuss �ha'to R4r. I�ngenield s�ated that� regarding �he idickes situation� he had expressed concern because they were powerless right now and wondered. wh�t they saould do iS a more serious problem came up. Mr. S�orla stated �hat he �'elt that Ms. Chriv�lieb°s su�gest3on �tha� th�y send � letter stating �chat there had been a complain�' �aas a�ood. idea. In this case9 they had a complaint, but �;he complainant did not wish to pursue �he issue. They had not yet had a coniplaint where the complair�ar�t wished to pursu� the 3ssue. 1�. Langenfeld no�ed on page 3' they had. chan�ed tlle3r meet�ng ta.me f'ram 7s30 P.M. to 5soo P.�r. Mr. Storla sta'�ed tha�; �aas b�cause one o� thei� members had a coni°lict in her schedule. Mr. Lan�enfeld �sked, regardin� the Tenant�Landl.ard Project Committee� if they would ke�p �t;he Hum�an Ri�hts Coz�r�issivn 3n�'ormed of �heir activities. �Jr. Storla stated they would only if they wished to' since they �rere independent' that t�ould be a voluntary �hing on their part. TIiPy �aould keep in touch� however. n Mr. Petersor� r�sk�d if the bdickes thing was the on� from way baek. l�s�. S�orla s�qted it was and t�ia� apparen'V],y the com�laii�ant had. �l]. sorts oi credit cards, so the Wickes -regresentative°s explanation was no�t valid.. Mr. Storla stated that since �;hey did not wau-� to pursue i-c �hey would not. PLANNING COI�R�IZSSION MEE�I.'ING JANUARY 24� i979 v PAGE 8 .� . _ � � M�. Peterson no�ed that the Tenant�Landlord Projec� Couanit�ee had det�ached themse3.ves from the Iiuman Rights Co!mmission and �•rond�red how a project comQnittee cou].d decide � they did nat want to operate w�der th� Cormnission th�.t had chartered lt. Mr. Harris si;�,ted they coul.d be an ad hoc commi�tee� that any group af citizens could Form a commi�tee. Mr. Stor].a stated the Commission had not accep�;ed the committee°s mo�ion to detach themselvesy and the Commission had made a motion to disso].ve �he comm�.ttee. Mr. Langenfeld asked ii �,hey were �ndepender��, would -�hey be accountabl.e to the City CGUncil. Mr. Harris stated they would not. UPON t� VOIG"E VOTE, ALL VOTING AYE� CHAIRM�N HARRIS DECLARED THE MOTION CARR�D UNANIMOiJSLY . 5. R�CEIVE CONil�liTNI^1i' vEVELOPI�NT COPfi�1ISSSON �INL"�S: JANUARY 99 i979� MOTICi� by Mro Oquisty seconded by I�iro Langenfeld, to receive �he �'anv,ary 9, �979, Co�uunity Development minutes. . Mr. Oquist sta�ed they Ya�d comple-�ed -their reuiew oi the zoning code. P�7r. Oquis�t asked ir the ruinutes from al1 the Co�zssions regardin� the zonin� cod.e would be combined before the Planning Cor�uniss�on rev�.eiTer� 'i't. n Mr. Boardman s�a�ed� �hey �rere plaruzing �o do that. N1r. Lan�enfeld no+ed i,hat on pa�e 4 they had discussed th� old districtso N�s°. Langenfeld stated ich�re had been a lo-� of discussion and concern abuut that particular ardinance being incorporated in �he zo�ing itse].i. He felt �they could nat do �tha� because 'chey ware �alking about zoning' and he �aould like to �oint out �hat here was a spec:j.al over� lay situation �rhich would in�orporate whai they are looking �'or' as a s�parate thing within the ordinance. I�Ir. T�angenfeld �elt tha� the overlays were distinct from the zoning itsel.�� Mr. Boardinan sta�ted f�ha�t the overlay was a certain set of regulations which fa7.1. in all the dis�x�ic-ts re5axdless oi whether th�y ax�e R-l� R-2 or �-3• They apply only within a certain zone wiihin a whole zoning areao Mr. Peterson noted that the Ri�� Creek tda�cers;�ed �ras an overl�y as far as the property they had discussed earlier. UPON r� VOICE VOTE� ALL VOTING AYE� CHAIRP2AN HAR.RIS AECLARED TAE MOTION CARRIED U:VANIN�OU-SLY . 6. RECEIVE APPEAI,S COMMISSION MINUTES; JANUAI3Y 16, 1979� . MOTIOTd by Mso Schnabel, seconded by Mr. Peterson, to receive the January 16� 1979, Appe�ls Commission minutes. � . , � � . �� PLANPdIPdG COh1tATS5I0i`1 MC�TIPIG JANUARY 2�, 1979 PAGE 9 ��; Ms. Schn�bel s�tated the AppealE Comm�.ssion had com�leted �he �eview of the zoning ordinance. UFOPT A VOIGE VOTE� ALL V4TTNG AYE� CF�A,TFMAN HARRIS DECT�I.RED THE MOTION CARRIED UNAI�IMOUSLY . � 7. CONTTNU''.�'D: PROPOSED C?�ARTGES TO CHI�PTER 205. ZONING: MOTION by Mr. Pe�Eerson, seconded by Ms. Schnabel9 to continue the review of the pro- posed changes to CYiapter 205. Zoning. UPON A VOICE VOT'E, ALL VOTING AYE, CHAIRN,AN H�1RItIS DECLARED TIiE MOTION CARRIED UiJ4PdINlaL�LY . 8, ozr� Busrr�ss: � MOTION by Mr. P�terson� second.ed by I�Iso Schnabel' �o reeeive the letter �'xom SORT9 Irac. UPOrT A E�OICE VOTE' ALL VO'I'IPJG AYE� CHAIRMAN I�ARRIS DECLARED THE MOTIOld CARIZIED UNANIMOUSLY. Mr. Ha�x°ris stated �hat he ancl Ms. Schn.abel had �ttendEd the Council meeting las�t A4onday night and discussed wi�h Council the p.roposed a? �ert�icior�s in the iees they n charge i�r things 1.ike 1,ot sp�i�s ati1c1 rezoning. Th� speciiic items they �rere con- cerned aUout were as follows: Lot splits - raa.sin� the �fee �rom �30.(?0 �to �100.008 Tot•rnhous� Develop�ent - raisin� -�he f�e from ��10.00 i;o �350.00; Special Use Pez°!ni� - f'rom �120,OU �o Y17S.00; Varianc�s -�'rom $50.00 to �80000; Rezonin� requests - f�com �155.00 �o �250.00. ��. F�.rris stated he and Y�s. Sch.siabel thovght some of these were rather ina°la��iona,r�r. N,r. Harris sta�Ced he had met tdith Pharvin Brunsel�. and revietaed his worksheets. The breakdow� ior vara.ances, for �xample� �ras as follo�as: Tnspection in a variance wov.ld ru.n $11.41., whic}a �aould include 33.�fo for personal overhead sexvices' which �rould be irin�e ben�fits. The�r say it takes an hour to process a variance as far as the En„ineerin€; De�aartment goes. Tlie Buildi�g Inspection Department is charged $12.97 pe� hour and �hey say it takes �0 minutes �o process a varia�ace which comes to $19,�+6, �Yi� Planning S�c�eta�y is ch�,rgec at y�7.20 per hou.6� also uses � minutes which would be $10.80. Mr. Harris sta�ted he did not have aay prob3.ems with ichose figures. Mr. i�arris stated he questioa�ed I�ems 2, 3 and �+e Item 5 was Qverhead � estimated at 30w. NIr> Harris s'cated tha�c overhead taas real.�,y a misnomer because that was included in �he overhead ior publishing �ee and mailin� fi'�e. Th�at would amoun� to �23.61. He h�d no problem wi'ch �th�t. Mr. Harris noted that �ihe Ciic3r Cou.neil was eharbed at .�1�-.50 including 14.2% over3ae�d ior Five members and the City Mana„er at �23.89 including 33.�+� overhead for a to�al o�' w38•39 1?er hour for processin� � vs�xiance. NJr. Harris expl�ined the breakdowns to the Comr.ii.�sion�rs in grea�er detail. Ms. Sc�nabel sta�ed �hat her poir�t was that Staif would have to be th�re whether or not anyone came in L•71'�Y1 a request' and did not i�ea �he St�fi should recoup their salaries throu�h the fee system. ^ Mr. Boardman sta�ed �hat when � request came in they were pxovidin� a service away fran _ other services. 1 � , . � {• ��.'� �.: � _ • . , o � _ �,r�:� � PLANPIZNG COM"idISSION N�ETIIdG JANUARY 2�+ �979 PAGE 10 I�fr. Harris �tated. �ha,t in the are�as of lot splits� variances9 special use permits, � and vacations, thes� requests usual.].y involve re�idential proPerties� and felt that those costs were unju.st• Ms. Schnab�l a�reed, in particu].ar in regards to lot splitso N1r. Harris stated �that such high fees would d�:scourage R�1 improvements and also promote non-compli�nce. P�i-r. Harris s�ated they should ask Council 'to r.�duce the l�roposed increases. He fe].t some increase r�as necesuary, but not tliat much. Mr. LangQnfeld s�ated that he agreed the proposed iees were ini].a�Cionary and excessive. M4TTON by N�r. Peterson, seeondec� by Mx. Langenield' tha'c the P].anning Commissiora f orceiully state �o the City Council. �liat all the fee schedul�s should be inereased' but that they taere indignant and outx°aged that �they did' not follo�r the P�esiden�t° s guidelines of 7�' and went so far beyond i� terms oi beiug inflationary. Mr. S'torla stated �h�t the ine-rease in fees could be a�ax cutting aid. Mr. HdPY'1S noted that the peaple making the requests were a].so tax payers. Ms. Schnabel stated tha't she did no'c feel the 7°�o fi�e �rould be reaJ.is�tic� and iche Council h.�d tabled, the vo'te for �wo �reelts to give her and Tfir. Harris �time to �rork wii;h Marvin Brua�sell. Mr. Peterson sta�ced government should exhibit �he same good fai�h as evezyone else /'� and should not exceea iche PresidEn�°s guidelines on in�f"lationo Mr. Boardman not�d -that �;he iees had not been chang�d since �g76. Mr. Oquist stated he felt the proposed increases taere outrageous� �nd the fee should b� a token fee and not a re�coup �'ee. Mr. Storla sta�ted tl�at the point of �he moicion was that �he fees were excessive and he felt he did not know enough to concur with tlzato Mr. Harris asked what the Coirnmissionexs wan�ed him and Ms. Schnabel to do. �. Oquist sta�ted he £elt the Council should request that the es�imates be re-evaluated dat�rnward. Mr. Harris stated he felt �hey should re-cou� the incurred costs. P�4r. Peterson stated that he felt that these proposed increases were not right� the F.resident had cor�e out and st�ted tha� �overnment has got to be responsible and find ways to keep costs for serrvices down aud live �•rith the inflatian gu.ide�.ines. Tf the citizens had to liae wi-chin those guidelines� the City corz].d too, and if they didn't raise the fees ior three years, that taas na��xcuse Lecause i� �a�s the prices �hat were in effect the da�e that tlie guidelines went inta e?fect. UPON A VOICE VOTE� NfR. PETERSON9 MR. LANGENFELD� MS. SCHNABEL� Mt�. QAUIST' VOTIIvG AYE� r"1 AND MR. HARRIS AND I�i. STORLA VOT7�TdG NAY9 CHAII�I�k'��V HARRSS DECLAi'�ED THE MOTTQV CARRIED - �+T02. ' Y ^ ' PLAPI�VTNG COMI•IISSION I�LGTING9 JAIWARY 2�+� 197� - PAGE ]1 Mr. S�orla si;ated tY�m� tY�ose gua.delines were not �s simple as th�y sounded. f� Mr. Harris asked whnt �che Commissior��x°s wanted �o do. Mx. 1'etersan stated he ��roul.d like to acl�.ieve as reasons�bl.e �n increase as possible� and would J.ike them to realize that whc:ra they do thin�s like this, they are not opera�ing within the guide].ines cveryone else has to opera�e within. Mr. Harris .stated he and 2�s. Schnabel would, mee�t wi�h Maz°vin and see ��hat they could do. MOTION by Ms. Schnabel� seconded by P�. Oquist' to adjourn the January 24' i979, meeting of the Plannin� Cor�mi.ssion. UPON A VOICE VOTEg ALL VOTI�G AYE J C?IAIRNL�,N HARRIS DECLA�ED TAE MEETIIVG ADJOURPIED AT 10:05 P. �I. . Respectful].y submittedo d ;,��� �' ���- � �/; f' .� _ � - ;�-��i K��hy Sh�3tons Recordin; Secretary � �