CITY PLANNING AND ZONING COMMISSION ABBREVIATED MEETING MINUTES. October 23, 2018

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1 CITY PLANNING AND ZONING COMMISSION ABBREVIATED MEETING MINUTES A regular meeting of the City Planning and Zoning Commission was held this date at 4:00 p.m. in the City Council Chambers, 5th Floor, City Hall, 405-6th Street, Sioux City, Iowa, at which time the following items were considered. MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Michelle Bostinelos, Chair Chris Madsen, Senior Planner Suzan Stewart, Vice Chair Ron Kueny, Zoning Enforcement Officer David Silverberg Jeff Hanson, CD Operations Manager Jason Geary Erin Berzina, Planner Ryan Ross Kelly Leigh, Administrative Secretary Jean Calligan Justin Vondrak, Assistant City Attorney Lee Beukelman Bostinelos called the meeting to order at 4:00 p.m., and read the opening statement explaining the procedures. She then introduced the Commission Members and City staff to the audience. The Commission was asked if any member would be abstaining on any agenda item. Agenda Item : Requested vacation of all that part of 9th Street adjacent to 901 Saint Mary s Street and th Street, and the north-south alley adjacent to 901 Saint Mary s Street and 916 Martha Street. (Petitioners: Donald M., Lavina N, and Allan Sewalson) Erin presented information on the item. She stated the requested vacation is roughly 20,700 square feet that the petitioner would like to add the requested vacated area to their respective properties in order to make contiguous parcels. She stated she received 2 responses back from the mailed notifications, one being from the neighbor located at th Street. Their concerns were that the vacation would affect their property. She also stated she received one written notification back after the staff report was written stating they are concerned about the petitioner s construction equipment being stored on the site. She handed out a copy of the notice to the Commission. Lastly, she stated staff met with the petitioner and they came to an agreement to have the construction equipment moved off of the property within 6-8 months. The petitioner is in the process of constructing a new building in the Northbrook area, and the equipment will be moved to the new location once it is complete. Staff recommends approval of the item. Jean Calligan asked how staff follows up on the equipment removal. Erin responded stating they gave the petitioner 6-8 months to move the equipment and will follow up after that time frame to make sure all the equipment has been moved. Suzan Stewart asked if there are any ordinances that prohibit the petitioner from storing the equipment on the property. Erin stated that the equipment is currently stored there illegally, as by code it can only be parked on pavement and must be enclosed in a building. The petitioner, Donald Sewalson (916 N. Martha Street), spoke on the item. He stated he has purchased a few lots adjacent to his property to add to his parcel. He also stated he will be moving his business to the Northbrook Business Park area and intends to have all the equipment moved by June 30, He also stated he maintains the alley proposed to be vacated. Page 1

2 Darrell Knee (3615 7th Street) spoke in opposition to the item. He stated he purchased his property to have a rural setting, and stated he feels the vacation will impact their property. He did state however that they have no problem with the petitioner storing his equipment on the petitioner s property. He stated this process feels like a land grab, and also stated the platting in this area is a mess. Allan Sewalson (710 Pacific Street), the other petitioner, spoke on the item. He stated his sister is purchasing the subject property at 901 St. Mary s St., wants to add onto the house, and that they need the additional land to clear up some title issues with the mortgage company. He also stated they maintain 9th Street currently, and have for many years. Suzan asked about the title issues, and if he is referring to the alley or 9th Street. Allan responded stating the garage on the property sits in the alleyway, therefore creating the title issue. Jason asked if the appraiser caught the issue. Allan responded stating that the appraiser noted the concern. Suzan asked if there are any vehicles that use 9th Street. Allan responded stating there is no traffic on 9th Street, and it is used as their yard currently. Jean Calligan asked if all surrounding properties are residential. Erin responded stating yes, all surrounding area are zoned NC.4 (Neighborhood Conservation 4). Stewart (Calligan) moved to recommend to the City Council approval of the item. Motion Agenda Item : Requested rezoning of a portion of 5201 Harbor Drive from BP to GI. (Petitioner: AJLB LLC) Chris Madsen presented information on the item. He stated the property that is proposing to be rezoned is for Sioux City Tarp, and they are looking to add a hoop building on the property, which warrants the rezoning to GI (General Industrial), as it is not allowed in BP (Business Park). Michelle Bostinelos asked if the property north of this property is also zoned GI (General Industrial). Chris responded it is zoned GI (General Industrial). Suzan Stewart asked about the land west of this property, and if its vacant land. Chris responded stating is it zoned RR (Rural Residential) and currently is a vacant corn field. Beukelman (Ross) moved to recommend to the City Council approval of the item. Motion Agenda Item : Requested vacation of the north/south alley in the block bounded by Prescott Street, W. 5th Street, Colon Street, and West 4th Street. (Petitioner: Nelson Construction) Chris Madsen presented information on the item. He stated Nelson Construction is proposing to place a new approximately 3,000 square foot building on their property, and would like to add the alleyway to their property. He stated staff recommends approval of the vacation. Page 2

3 Jean Calligan asked if anyone uses the alleyway. Chris responded stating it is not used. Beukelman asked what would happen if the adjacent property owner didn t want to purchase their portion of the alley, as it appears they have their fence located in the alleyway currently. Chris mentioned each abutting property owner will get their chance to purchase half of the alleyway, and if the abutting owner to the east is not interested, Nelson Construction can purchase the entire width, and it appears then there would be an encroachment issue with the neighbor s fence. Steve Nelson (2805 W 4th Street), the petitioner, spoke on the item. He stated their intention of vacating and purchasing the alleyway, is not only for additional square footage, but also to maintain and upkeep the alleyway, and keep it clean. He also stated he would work with the neighbor on the fence encroachment if that issue arises. Ross (Silverberg) moved to recommend to the City Council approval of the item. Motion Carried (Yes: Stewart, Calligan, Beukelman, Bostinelos, Geary, Ross, Silverberg/ No:0/ Agenda Item : Requested final plat of Claret View Subdivision located west of Glen Ellen Road and about 2400-feet north of Whispering Creek Drive. (Petitioner: CAB Estates (Jon Sulzbach)). Jeff Hanson presented information on the item. He stated the Commission previously approved the preliminary plat for this subdivision on November 14, 2017 which was then approved by City Council on November 27, 2017 under the name CAB Estates. He petitioner has now changed the name to Claret View, and has made a few lot changes, therefore warranting Planning and Zoning Commission review. He also stated the land use and current zoning will remain the same. He highlighted a few issues that City Engineering had with the plat including: the water main/sewer main must be relocated so that there is the required 10 foot separation; show updated easement locations to correspond to the relocated water and sewer pipes on the plat; a walk through should be completed upon completion of the project and a punch list developed and any issues on that punch list may be addressed; the size of the detention ponds must be addressed; mandrill tests must be done and area fees must be clarified and paid. Jeff stated the petitioner and City Engineering staff have worked out some of the items already, and the petitioner plans to bond for the remaining items, which is allowed by code. He stated staff recommends approval. Suzan Stewart asked if this subdivision was the preliminary plat the Commission had a lengthy round-about discussion on. Jeff Hanson stated this was the same subdivision. Jean Calligan asked if the new lot sequence would have a more intense housing use. Jeff Hanson stated the petitioner will still have 63 total units. Jon Sulzbach (5000 S Lewis Blvd) spoke on the item. He stated the request for the changing of the lots is due to the pie shaped lot that was shown in the preliminary plat and it was not able to fit the size structure needed due to setback requirements. Jason Geary asked Jon what time frame will he complete the remaining City Engineering concerns by. Jon responded he expects to have all of them completed before the City Council meeting on November 5 except for the water main issue. If any other remaining issues are not completed, he will bond for them, which is allowed by code. Page 3

4 Beukelman (Ross) moved to recommend to the City Council approval of the item. Motion Agenda Item : Requested site plan approval for the property located at 325 West 23rd Street. (Petitioner: Bacon Creek Design Inc.) Chris Madsen presented information on the item. He stated he will present Agenda Items and together and incorporate the comments and staff report to both items. He stated the site plan is for Professional Pool and Spa for an addition onto their current building. The site plan went through the Design Review Committee on October 11, 2018 and was denied due to the petitioner not being able to meet numerous code requirements. One of the requirements not being met are setbacks. On the site plan it shows a 6-foot setback, however code requires 15 feet. Code requires 13 parking stalls and currently shown are 9 stalls with a future parking area on the north side of the building that would bring the parking stall total to 14 stalls. There are trash enclosures on the site plan that would need to be screened, and there is a storage pod behind the building that will need to be removed with the proposed addition to the building. Lastly, the petitioner will have to go through the Army Corps of Engineers for approval due to the close proximity to the Perry Creek levee. Ryan Ross questioned the future parking on the site plan. He asked if in the motion for approval, if they need to request that the future parking meet the current code requirements. Chris Madsen responded stating if the Commission would like that to be a condition of approval to state that in the motion. Ryan asked staff what their opinion on the façade materials requested would be. Chris Madsen responded stating staff feels matching the current façade materials to the existing structure would make the most sense. Suzan Stewart asked if the Commission has ever allowed builders to match existing materials without having to meet code design standards. Chris Madsen responded stating the Drop Zone was a similar situation where the addition was allowed to match the current building. Michelle Bostinelos asked if any additional landscaping will be required. Chris responded stating 1 tree will be required by code due to the additional parking stalls, however code allows existing trees to count towards the requirements, so the site has more than enough trees already. Jason Geary commented on the short setback distance from the alley and stated he feels that is very tight. Ryan Ross mentioned that the houses north of the site sit very close to the alleyway as well, so he feels it doesn t impact the alleyway by having the setback reduced. Suzan Stewart asked if the Commission has wavered from the setback requirements in the past. Chris responded stating yes, the Commission has granted setback reductions in the past. Lee Beukelman asked for staff to review the façade finish materials again. Chris Madsen the North and East facades are not required to meet design materials, the West and South would be required to meet design standards, however they are asking for that to be waived. Jason Geary asked if there is a similar decorative material that could be used instead of using the metal panel material. Chris Madsen responded stating he is unsure of a similar material and would have to defer than question to the petitioner s architect. Chris did state if the petitioner would reside the building in the future, they would have to meet current design standards at that time. Page 4

5 Doug Rose (220 S Prescott Street) with Bacon Creek Design, spoke on the item. He stated the Army Corps of Engineers review is going on currently, and they are waiting to hear back on that. He also stated the trash enclosure screening is not a problem. Lastly, he stated the panel proposed to be used on the façade to match is an Architectural panel, and is different that your standard ribbed metal panels. Jason Geary asked Doug if they still make the exact same panel as what is on the current building. Doug stated they do make the same panel. Nancy Kent (4314 Country Club Boulevard), the owner of Professional Pool and Spa, spoke on the item. She stated when she purchased the property it was a church that she converted and in the process, ran into many issues including asbestos, and elevating and flood proofing the building. She stated she has already approached the neighbors to the north and have received all positive comments back. She also stated they plow and maintain the alley for the neighbors. The Commission went into Executive Session and further discussed a motion. Lee Beukelman moved the item with a condition that the petitioner meet all code requirements for their future parking designated on the site plan. Motion Carried (Yes: Stewart, Calligan, Beukelman, Bostinelos, Geary, Ross, Silverberg/ No:0/ Agenda Item : Requested Planning and Zoning Commission approval of the finish materials on property located at 325 West 23rd Street. (Petitioner: Bacon Creek Design Inc.) Chris Madsen presented information on the item. He stated he will present Agenda Items and together and incorporate the comments and staff report to both items Ross (Silverberg) moved to approve the item. Motion Carried (Yes: Stewart, Calligan, Beukelman, Bostinelos, Geary, Ross, Silverberg/ No:0/ Other Business a. Report by the Chair regarding Planning and Zoning items at the City Council Meeting. b. Other items brought forward by the Commission and/or staff. c. Approval of the minutes of the October 9, 2018 Planning and Zoning Commission meeting. Stewart (Geary) moved to recommend to the City Council approval of the October 9, 2018 minutes. Motion Carried (Yes: Ross, Bostinelos, Stewart, Geary, Silverberg/ No:0/ Abstain: Beukelman, Calligan). Roll Call Vote There being no further business, the meeting was adjourned at 5:17 p.m. Submitted by Kelly Leigh CHAIR PLANNING DIRECTOR Page 5

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