1. The meeting was called to Order with Roll Call by Chairman Richard Hemphill.

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1 PLANNING COMMISSION City Hall, W. 84 th Street 6:00 PM., August 22nd, 2017 MINUTES 1. The meeting was called to Order with Roll Call by Chairman Richard Hemphill. 2. Roll Call: Allenbrand Absent McPherson Present Garrett Present Shultz Present Hemphill Present Zwahlen Present Lane Present 3. General Business: A. Approve Planning Commission Agenda. Motion by Commissioner Shultz to approve the Agenda; second by McPherson. All Commissioners approved by ayes. B. Approve Minutes of the Planning Commission meeting held on July 25th, Motion by Commissioner Shultz to approve the Minutes; second by McPherson. All Commissioners approved by ayes. C. Disclosure of conflicts of interest. None Reported D. Disclosure of outside communications regarding Commission business. None Reported. 4. Call to Public: Members of the public who wish to address the Planning Commission regarding items not on the agenda may do so at this time. Any presentation is for information purposes only. No action will be taken. There is a four-minute time limit. 5. Public Hearing: A. Re-zoning Weinhold-Arbor Ridge at 87 th and Waverly. Administrator Brungardt gave the staff report and stated it was the proper time for anyone in the audience to stand and state their concerns, if any. He explained the golden criteria set forth in state statute regarding any rezoning applications and how those criteria must be met in order for a proper rezoning classification. This requested rezoning is consistent with the Future Land Use Plan and there are no negatives associated with this rezoning. All golden criteria matters were reviewed by Staff and all were found neutral and therefore, Staff is in favor of granting the rezoning request. A lengthy discussion ensued among Commissioners and Administrator Brungardt concerning this particular De Soto Planning Commission Minutes Page 1 of 5 August 22, 2017

2 piece of property and the Planned Development zoning of this piece of property. Chairman Hemphill commented on the green space on the various lots in this development. A discussion ensued concerning the proposed sanitary sewer line easement for future development. Chairman Hemphill opened the Public Hearing for comments. Mr. Frank Weinhold, property owner, said he would like to rezone the land behind him so he can have a bigger back yard. Chairman Hemphill asked him about a future shop building or a road. Mr. Weinhold stated he has no plans for either as this property is basically a ravine and he wants it for green space and a land buffer. Mr. Don Parr said he had previously noted this land area as green space within the development. He commented this lot would represent about 3% of the proposed green space. Discussion ensued between Chairman Hemphill and Mr. Parr concerning the depicted phase 5 of this original Planned Development. Chairman Hemphill closed the Public Hearing. Motion by Commissioner Zwahlen to recommend approval of this Weinhold rezoning request from PD to R-1 of this one-acre Weinhold property on the basis that this tract is inaccessible, and represents less than 3% of the proposed open space in the Arbor Ridge PD development; second by Garrett. B. Re-zoning Valley Springs and 83 rd Street. Administrator Brungardt gave the staff report. He said the address of this tract is Valley Spring Drive. This tract is approximately 9.7 acres and does not include the intersection that is just south of it. The developer is requesting the rezoning for an R-2 zoning which includes singlefamily dwellings and two family dwellings. Administrator Brungardt provided the golden criteria findings as all positive with only two neutral findings in favor of granting the rezoning request. He explained the types of uses allowed in the current C-2 zoning as compared to the R-2 zoning requested. Chairman Hemphill and Administrator Brungardt discussed the zoning classifications and the criteria findings. Commissioner McPherson asked about remaining frontage. A discussion ensued among Commissioners. Chairman Hemphill opened the Public Hearing for comments. Mr. Don Parr, the developer, provided an outline concerning this rezoning request. The property was a dump when he bought it with no way to sell it in its present condition. A former owner, Dr. Gerald Blue, requested it be zoned as commercial. This rezoning request represents a typical zoning transition; planning has buffer transition from C-2 to R-2 to R-1. Mr. Parr feels this is a good transition use. He said two-unit townhomes are the maximum. Townhomes like Country Village with maintenance included. Mr. Parr doesn t want rental unit properties and the HOA dues will keep the property up. The proposed townhomes will be owner occupied and that will be a restriction of the HOA. These townhomes will be a step up from the ones in Country Village and will have a higher price point. Maintenance will be provided. The cost of building roads will De Soto Planning Commission Minutes Page 2 of 5 August 22, 2017

3 drive the costs up. Mr. Parr said he has lived in De Soto all his life and he wants quality homes. He said this property has some unusable property that will be turned into green space for the development. Chairman Hemphill asked about the remaining commercial property as the EDC may want more commercial uses. A discussion ensued and Mr. Parr commented on the proposed concept plans and the property build out. Commissioners asked about the building footprint. Mr. Parr commented his architect had taken the Country Village plan and modified the units with the largest footprints. Mr. Parr said the smallest units would be a little less than 2,000 sq. ft. He discussed the units being farther back from the street and will have longer driveways. Discussion ensued concerning the number of garages for each unit. Mr. Parr said some are one garage and some have two. Administrator Brungardt commented on the City s regulations concerning the bulb of the cul-de-sac and the turning radius. Discussion among Commissioners that this isn t on the agenda tonight. Mr. Parr and resident Larry Wurtz, 8450 Valley Springs Drive, held a side-conversation in front of the Planning Commission relating to buffering and the quality of the units. Mr. Wurtz then left the meeting. Chairman Hemphill closed the Public Hearing. Motion by Commissioner Schutz to recommend approval of the requested rezoning from C-2 to R-2, second by Zwahlen 6. Old Business: A. None 7. New Business: A. Preliminary Plat Arbor Ridge Townhomes. Administrator Brungardt gave a summary of staff report. Staff reported the procedural items have been met by the submittal materials. City Staff has assigned street names and addresses for the subdivision. Gary Spehar, engineer for the applicant, commented that all the units will be built at an elevation above 800 feet, which will place them above the elevation of 83 rd Street, and therefore protect them from flooding. Commissioner Garrett asked about buffering for the residential home directly south of the development. Mr. Parr indicated he will coordinate that with Mr. Wurtz and place a fence or landscaping at that location. Question asked from the audience about the trees to save. Mr. Parr responded with information about the health of the trees. Donya Booth, West 84 th Terrace, commented that she doesn t want habitat destroyed because she likes to feed the deer in the area. Chairman Hemphill said Tract A will be an opportunity for wildlife. De Soto Planning Commission Minutes Page 3 of 5 August 22, 2017

4 Motion by Commissioner Zwahlen to approve the Preliminary Plat for Arbor Ridge Townhomes, contingent on the City Council approving the rezoning from C-2 to R-2; second by Garrett. B. Final Plat Carriage Houses #6. Administrator Brungardt reviewed the Staff Report and stated this is the same procedure as in the past. This is the final re-plat document that defines the separate ownership tracts for each of the storage units constructed within the building. There are 18 separate units. Staff can report it is in conformance with the approved Final Development Plan and all City requirements. Staff recommends approval of the Final Plat #6. Motion by Commissioner Garrett to approve the Carriage Houses #6 replat; second by Zwahlen. C. Final Plat Carriage Houses #7. Administrator Brungardt said the information is the same as the previous Final Plat #6. Staff has performed a review and states everything is in conformance with the Final Development Plan and recommends approval. Motion by Commissioner Shultz to approve the Carriage Houses #7 plat; second by McPherson. D. Consider a text amendment allowing Nigerian Dwarf Goats on real property within the City of De Soto. Administrator Brungardt introduced the topic and said a resident had requested an amendment to the current City regulations. Staff provided some research on other cities and their requirements. Commissioner Zwahlen asked where these animals would be allowed within the City. Administrator Brungardt said there would need to be zoning requirements. Mrs. Ellen Noel, 8650 Waverly, is the person requesting the amendment. She said she is an occupational therapist. She lives on about 3 acres, and wants the goats as a project for her three sons. She said Nigerian dwarf goats are different than pygmy goats as they are considered milking goats and pygmy goats are not. She thinks the goats would give her sons something to do. Mrs. Noel provided some background information for the Commissioners from her research. De Soto Planning Commission Minutes Page 4 of 5 August 22, 2017

5 Commissioner McPherson asked Mrs. Noel if she has hands-on experience. She said she doesn t have any goats at this time. Commissioner Lane also commented and said her daughter has dwarf goats. She further commented on some of the antics of these dwarf goats. Commissioner Garrett said he is familiar with the small Neubian goats as his grandson has them. Mr. Dale Noel, said he takes meticulous care of his yard and he will ensure the goats won t be eating his trees. Mr. Noel said they currently have a five-foot high fence. Discussion ensued among Commissioners and Administrator Brungardt concerning the present zoning regulations for animals allowed in the City. Commissioners agreed they are in favor of an administrative type permit. Discussion continued concerning the permit process and whether or not neighbors would have ability to comment. Commissioner McPherson said he is not in favor of allowing goats in a residential setting. Discussion ensued among Commissioners. Commissioner Shultz wants a process for a neighbor to object or give input on a yearly renewal basis. He indicated the City should restrict to lot size, require fencing. Commissioner Lane wants neighbor input and an administrative permitting process. Chairman Hemphill is in favor of considering an amendment, with restrictions and permitting regulations. Zwahlen is a proponent of the concept, and thinks we should look into overhauling all the City s regulations relating to animals, not just address goats. There are inconsistencies between types of animals, and we should take a holistic approach. Commissioner Garrett is in favor of the idea with regulations in place. Staff will draft some proposed regulations and a permitting process for the Commissioners to consider. Commissioners discussed the current animal regulations. Chairman Hemphill said based on Commissioner Zwahlen s comments, he is requesting Staff review the animal regulations overall. Chairman Hemphill adjourned the meeting at 7:55 p.m. Respectfully submitted: Mike Brungardt, PE, City Administrator De Soto Planning Commission Minutes Page 5 of 5 August 22, 2017