PLANNING & ZONING COMMISSION
MINUTES OF AUGUST 8, 2007
PRESENT:
Charles Giovannini, Vice Chairman
Glen Novinger, Jr.
Doug Kollar
John Buckwalter
Carolyn Chrisman
Jill McCord, Councilmember
Paul Frazier, Code Administrator
Brad Selby, Code Staff
ABSENT:
Randy Hagerty, Chairman
Danny McDowell
Dean West
CALL TO ORDER
Vice Chairman Giovannini called the meeting of the Planning & Zoning Commission in the City Council Chamber to order at 7:00 p.m.
APPROVAL OF AGENDA
Vice Chairman Giovannini asked for changes to the agenda. With no changes, Vice Chairman Giovannini declared the agenda adopted.
APPROVAL OF MINUTES
Vice Chairman Giovannini asked for changes to the minutes of the special meeting held June 27, 2007. With no changes, Vice Chairman Giovannini asked for a motion to approve the minutes. Councilmember McCord made the motion to approve. Ms. Chrisman seconded the motion. With a general consensus the motion was approved.
NEW BUSINESS
Work session to review proposed changes to the zoning ordinance and subdivision regulations.
Mr. Frazier reported that at the request of the City Manager, he had been asked to review the zoning ordinance and subdivision regulations for any changes needed. The goal of the City Staff was to gain the commission’s input regarding the proposed changes. According to state statutes and city code, future public hearings before the Planning and Zoning Commission and City Council would be required before the ordinances and regulations could be amended. Mr. Frazier reported that City Attorney Hickman had reviewed the proposed changes and given approval, but will do a final review before the final hearings.
Mr. Frazier began with a review of proposed changes to the subdivision regulations. Under the definition of subdivision lot split, the definition was expanded to include pre-existing out lots. Out lots are conforming lots previously platted, but not meant for development at the time of platting. Section 22-2, Enforcement would read that the person’s title shall be the plat officer. Section 22-3, Penalties (a) would read in case any map, plat, lot split or subdivision. This would make the definition more cohesive. Section 22-4, Amendments sighted 89.360 but research discovered it should reference state statute 89.410. The following excerpt was changed to “recommendation is made by the planning and zoning commission, and after a public hearing”. In section 22-6, Building Permit the last sentence was removed. Section 22-6 (d) would reflect the following change: “With the exception of lot splits and minor subdivisions,”. Section 22-10 Approval of the preliminary plat changed the requirement of fifteen (15) copies of preliminary plats to four signed and sealed copies. Section 22-13 Final plat contents proposed the following addition to the code: (b) An area at least 5” wide x 3” in height must be left blank at the upper right hand corner of the final Plat for the Adair County Recorders seal and signature. Section 22-14 General requirements changed the referenced sections 22-41 --- 22-46 to 22-8 ---22-13. The word “have” was added in the second sentence before additional requirements and section (d) was changed to show storm water construction process was subject to approval by the City Engineer. Mr. Buckwalter stated that any ordinance reference to storm water will have to be modified in the near future to comply with the MPDES Phase Two Storm Water Discharge Permit for the city. The proposed additions to Section 22-17 and 22-20, would repeat the same change as previously mentioned section 22-13. Section 22-22, Streets (1) the word “varied” in reference to street widths, parking spaces, lot sizes, etc. was changed to “permitted”. In the last sentence, “through the planned unit development process contained in the zoning ordinance” was removed. In section (10) the street line radius was changed from sixty to ninety feet and the wording was added “forty-nine (49) feet, unless varied by the city’s Planning and Zoning Commission and the City Council”. Section 22-38, sentence two was changed to reflect the city’s estimated cost. Section 22-40 should read “the planning and zoning commission may recommend approval of a variance”. Mr. Buckwalter and Mr. Frazier discussed the use of the term street line radius.
Mr. Frazier reported the proposed changes to the zoning ordinance were as follows. Words in bold or italics are proposed changes to the ordiance. Section 25-1 under accessory building or use, sentence two should read “A building housing an accessory use is considered an integral part of the main use with respect to set backs for the back or side lines of the properties otherwise abutting on a street.” Mr. Frazier stated when the law was changed years ago regarding accessory buildings, the rule allowing ten (10) feet between the main building and an accessory building was removed. It was Mr. Frazier’s suggestion that the rule be reinstated. Mr. Frazier stated that the zoning location to allow double wide and manufactured homes was expanded from just the R2S zone to include R3S and R4S zones, as long as they met certain criteria. The proposed change to section 25-1 (a) should state “The home must be occupied only as a one-family dwelling or as a two-family dwelling if so designed, and meets proper zoning criteria”. Section 25-1 Definitions planned zoning district changes the word “zoning” to “rezoning”. The Special Use Permit definition would remove the word “following” in sentence one. The words “The process of granting a special use permit requires” would be added before a public hearing to clean up the language. Section 25-4 adds language requiring applications for building permits to include some identification of property lines. Section 25-4 (1) should read “This requires a survey location of property pins, or other definite means of establishing boundaries;”. Section 25-4 (e) changed the word “deposit” to “payment”. Section 25-12, paragraph three, sentence one would change “planning and zoning commission for review” to “city codes and planning director, to review with the engineering department,”. Mr. Frazier stated that this proposed change reflected the current process being followed. Sentence two would change the word “state” to “stage”. Paragraph four would change both references of “commission” to “city staff”. Section 25-12, sentence two would change “registered notice” to “by certified mail”. Section 25-14, paragraph one, sentence two changed “zoning administrator” to “codes and planning director”. Mr. Frazier stated this title will be inserted through out the revised ordinance. Paragraph two, last half of sentence will be changed to read “...shall be guilty of an ordinance violation punishable by a fine of up to $500 and/or up to 90 days in jail. Each day the violation continues to exist can be considered as a separate ordinance violation”. Mr. Frazier also reviewed future proposed changes. Rebar would be required in sidewalks and parking areas. There would be language added to clear up: projections of roofs or porches that encroach into the rear lot line; free spaces that counts towards rear lot line spacing such as railroad right-of-way. Accessory buildings spaced ten feet from main building. Language added to clarify lot area for family in the R-3 zone, to reduce required green area in certain concepts containing multiple family dwellings. In the RP5 zone permitting mobile homes, street width would be changed to 28 feet to conform to current requirements. Language to help clarify set back requirements on plats matching current building lines of other developments. Language regarding Beer Gardens would change required set back from 200 feet to 100 feet to conform to State statutes. Proposed change to height of fences to require effective screening in the M1 and M2 zoning areas.
Mr. Buckwalter asked if ordinance language would be tightened regarding fences and other obstructions to solve easement problems Ameren UE and city staff were encountering by people building fences over utility easements on rear property lines. Mr. Frazier stated he had failed to remember this change. He then explained that Ameren UE met with city staff to ask for a change in the subdivision law stating that utilities be located in the rear lot lines. They requested that they be allowed to locate utilities in front lots. The Commission discussed the benefits and disadvantages of having alleys in subdivisions.
Paul Frazier’s retirement farewell.
Mr. Frazier reflected on his years of service, such as service under seven city managers and seventeen mayors; businesses that had moved, expanded or been demolished; and recalled memories of members of the community. He acknowledged it was great working with the Planning and Zoning Commission and that they had made his job easy. He stated he would be working with his American Fox Hounds.
COMMISSION INPUT
None
ADJOURNMENT
With no further input, Mr. Kollar made a motion to adjourn the meeting. Mr. Novinger seconded. With a general consensus the motion was approved and the meeting was adjourned at 7:58 p.m.
Teresa Dorris
Recording Secretary