PLANNING COMMISSION May 14, 2018 The City of Jackson Planning and Zoning Commission met in regular session in the Council Chambers of the Jackson City Hall at 5:15 p.m. on May 14, 2018 with the following Commission members present: Chairman Randy Ringquist, Tim Beck, Dennis Hample, Dave Lappe, Robert Dorschner and City Zoning Administrator/Recording Secretary Dave Maschoff. Also attending were Dave Luhmann, Curt Walter of Verizon Wireless, Gary Berkner, Gary Elsbecker and Tom Nelson. (Planning Commission members Beau Johnson and Donnie Schoenrock were absent.) (A quorum of the Planning Commission was present.) CALL THE MEETING TO ORDER Planning Commission Chairman Randy Ringquist asked for a motion to call the May 14, 2018 meeting of the Planning and Zoning Commission to order. LAPPE/DORSCHNER moved and it was unanimously carried to open the meeting. APPROVE THE APRIL 9, 2018 PLANNING AND ZONING COMMISSION MINUTES Chairman Ringquist asked Commission members if there were any comments or changes to the April 9"°, 2018 Planning and Zoning Commission minutes. Hearing none, Ringquist asked all those in favor of accepting the minutes as drafted to respond by saying “aye”, Planning Commission members unanimously accepted the April 9", 2018 Planning and Zoning Commission minutes as drafted. PUBLIC HEARING ON THE VARIANCE APPLICATION OF DAVE LUHMANN TO CONSTRUCT A 28’ BY 36’ UNATTACHED GARAGE THAT WILL BE 1,008 SQUARE FEET IN SIZE ON HIS PROPERTY AT 313 SOUTH HIGHWAY Ringquist asked Luhmann about the location of the proposed garage on his property and whether any trees would be removed. Luhmann said no trees would be removed on his property. He noted it’s a sizeable lot and the proposed garage would take up considerably less than 30 percent of the lot,Luhmann also mentioned everything was fine with the setbacks from South Highway and his adjacent neighbor's property line. Ringquist asked Maschoff if notices of the public hearing had been sent to adjacent property owners. Maschoff reported public notices were sent to all surrounding property owners, a notice was published in the April 26, 2018 Jackson County Pilot newspaper and notices of the public hearing were posted at City Hall and the Library. Maschoff said he received no comments whatsoever regarding Luhmann’s variance request. Ringquist noted that Luhmann’s neighbor to the west was attending the meeting. Ringquist asked Gary Elsbecker’s thoughts about Luhmann’s proposed garage. Gary Elsbecker said he had no problem with Luhmann’s proposed garage. He noted that he and Luhmann will need to verify where the property line is located. Elsbecker said he also attended the meeting to learn about the variance process in case he needs to seek a variance for a project someday. Ringquist asked if there were any more questions regarding Luhmann’s variance request. There were no further questions. DORSCHNER/LAPPE moved and it was unanimously carried to recommend to the City Council to approve the Variance Application of Dave Luhmann to construct at 28’ by 36” unattached garage that will be 1,008 square feet in size on his property at 313 South Highway. Luhmann thanked the Planning Commission for their recommendation to the City Council. PUBLIC HEARING ON THE VARIANCE APPLICATION OF MARCUS AND TINA POLZ WHO PROPOSE TO CONSTRUCT A 576 SQUARE FOOT DETACHED GARAGE ON THEIR PROPERTY AT 134 NORTHRIDGE DRIVE THAT WILL BE LOCATED 14 FEET FROM THE EDGE OF THE NORTHRIDGE DRIVE CUL-DE-SAC RIGHT-OF-WAY Maschoff informed the Planning Commission that he received a telephone message at 3:49 p.m. on May 14", 2018 from Marcus Polz that his plans for the detached garage had changed.Maschoff said in his message, Polz indicated their building plans had changed and they were now looking at adding a garage onto the house and were not going to seek a variance for the detached garage as first planned. PUBLIC HEARING ON THE CONDITIONAL/INTERIM USE PERMIT APPLICATION OF VERIZON WIRELESS TO INSTALL A CELL-PHONE TOWER IN LOT 4, BLOCK 4 OF TORGERSON INDUSTRIAL PARK NO. 1 Maschoff said Curt Walter of Verizon Wireless was in attendance at the Planning and Zoning Commission meeting. He said Walter is available to answer any questions. Ringquist noted that later in the meeting is a public hearing on amending City Ordinance 153.071 to eliminate the Tower Overlay Districts within the City of Jackson. He said any recommendation to approve Verizon's Conditional/Interim Use permit would be subject to the City Council approving first and second reading of the amended ordinance to eliminate the tower overlay districts. Maschoff concurred with Ringquist and said any recommendation to approve Verizon's Conditional/interim Use Permit would be contingent upon the City Council approving the first and second reading of the amended ordinance. Curt Walter of Verizon explained he spoke with the City Council's Finance Committee approximately a year ago about locating a cell phone tower in Jackson. He said Verizon first looked at installing a tower where the former municipal cable TV tower was located but were told that was going to be subdivided into lots for homes. Walter said the Finance Committee suggested talking with the JEDC about a possible tower site. He said towers work really well in industrial parks. Walter pointed out the proposed site is on a ridge and they have received approval from the FAA. He said the proposed tower was moved 30 feet to allow for the future expansion of Torgerson Lane. Walter said all the setbacks will also be met under the existing code. Maschoff asked if the tower height was shorter than originally proposed. Walter said the Verizon engineers originally planned a 250 foot tall tower, but after going through the preliminary FAA discussions and limitations, it was decided to construct a 167 foot tall tower. Ringquist asked Walter where the proposed tower would be located in relation to the electric substationWalter referred to a map showing the location of the proposed tower in relation to the electric substation. Ringquist asked if the tower would strike the substation if it ever fell down. Walter said the tower would not strike the substation. He said the proposed tower will be located 177 feet from the new Torgerson Lane right-of-way and 167 feet, two inches to the property line of the electric substation. Walter said they will be using power from the substation and pulling fiber down Torgerson Lane and around. Walter said the new tower will strong enough to accommodate 5G equipment when that becomes available. He said their current location on the grain elevator in Jackson is not sturdy enough to accommodate more and more equipment. Walter said the new Verizon tower could be built in a month, six months or a year from now if approved BECK/DORSCHNER moved and it was carried to recommend to the City Council to approve the Conditional/Interim Use Permit application of Verizon Wireless to install a 167 foot tall cell phone tower in Lot 4, Block 4 of Torgerson Industrial Park No. 1 with the conditions that all FAA requirements be followed and contingent on final reading of the amended ordinance eliminating Tower Overlay Districts. PUBLIC HEARING ON AMENDING CITY ORDINANCE 153.071 TO ELIMINATE TOWER OVERLAY DISTRICTS WITHIN THE CITY OF JACKSON Ringquist asked the Planning Commission members if they had any thoughts regarding amending the ordinance to eliminate the tower overlay districts Dorschner asked if the Tower Overlay Districts are eliminated, where will towers be located in Jackson. Ringquist explained if the Tower Overlay Districts are eliminated, anyone wanting to place a tower anywhere within the City would first have to come before the Planning and Zoning Commission and ask for a Conditional/interim Use Permit. Maschoff added even within the Tower Overlay Districts in the current ordinance, a Conditional/interim User Permit was required. He said that provision of requiring a permit will still remain the same in the amended ordinance. Maschoff said each tower request will still be taken on a case by case basis.Beck pointed out that even with the amended ordinance, those wishing to erect a tower will still need to come before the Planning and Zoning Commission to seek a Conditional/Interim Use Permit. Ringquist also said it was his understanding that the location of the former municipal cable TV tower has also been discussed to be used as potential lots for homes and thus would not be a future site for locating towers. BECK/LAPPE moved and it was unanimously carried to recommend to the City Council to amend City Ordinance 153.071 to eliminate the Tower Overlay Districts within the City of Jackson. PUBLIC HEARING ON AMENDING CITY ORDINANCE 153.037 REGARDING ALLOWABLE USES, (E) ACCESSORY BUILDING STANDARDS Planning Commission members discussed setting a new, higher limit on the allowable square footage for a detached accessory building within the residential zoned districts of the City except in “AR” districts where the floor area restriction does not apply. Commission members noted anyone building a detached garage has to have the room and also follow setback rules. Planning Commission members also discussed the provision in the current, ordinance requiring that detached accessory buildings, including garages, may be built or placed in, but may occupy no more than 30 percent of the required back yard. LAPPE/BECK moved and it was unanimously carried to recommend to the City Council to amend City Ordinance 153.037 regarding Allowable Uses, (E) Accessory Building Standards by eliminating the wording “that detached accessory buildings (including garages) may be built or placed in, but may occupy no more than 30 percent of the required rear yard” and also increasing the allowable floor area from 720 square feet to an area no greater than 900 square feet, except in “AR” districts, where this floor area restriction does not apply. The minimum side and rear yard setbacks would remain at 4 feet.UPDATE REGARDING THE CONDITIONAL/INTERIM USE PERMIT FOR GARY BERKNER REGARDING THE SALE OF BOATS, BOAT MOTORS AND TRAILERS AT 309 FIRST STREET IN JACKSON Ringquist said Berkner was present at the meeting to give an update regarding the sale of boats, boat motors and trailers at 309 First Street. Ringquist noted Berkner was granted a Conditional/Interim Use Permit in December, 2017 to sell boats at that location for a period of six months with an update on how sales were progressing at the Planning and Zoning Commission’s May 2018 meeting. Ringquist asked Berkner how things have been going. Gary Berkner reported they have sold a couple of boats and there is another sale of a boat pending. Berkner clarified that he does not have a boat license or company for selling boats so no boats or equipment are being added to the lot. Berkner said as he first mentioned in December, it would be at least two years before they would be able to get rid of everything. He said this is going to be a tough year because they've already lost probably half of the early sales. Berkner said a lot of people come in March and April to pick up stuff and fix it so they're ready for the fishing opener or at least ready by Memorial Day. Berkner noted as he said before, they will keep the lot clean. He said they are not looking for long term. Berkner said the location has worked out fine, except he can’t believe it’s been six months but noted it’s been a tough year. Berkner said what he would like to see is an automatic extension every six months of his Conditional/Interim Use Permit unless there’s been an issue of something to be cleaned up. Berkner pointed out there was one issue this winter which he took care of within 24 hours after receiving a letter from the City. Ringquist asked about that issue. Berkner explained they had a couple boats that had various items and barbed and other wire in them. He noted Zoning Administrator Maschoff looked at the boats. Berkner said he was asked to get rid of those boats and he did. Berkner said he’s willing to cooperate in any direction. He said he would like to have a six month automatic extension of his Conditional/Interim Use Permit unless there is a problem.Ringquist said it was his understanding that there were several reasons why the Planning Commission and the City Council said “we want to see how this works”. He said it wasn’t just mowing as one of the concerns, but the appearance as to what people in the community thought of it because perhaps there’s a better location than right in the midst of downtown for something like that. Ringquist said that’s other concern that he recalls, Beck said that he heard complaints about the Planning Commission granting Berkner the six months to sell his items. Lappe said he also received a lot phone calls or was stopped a lot by individuals with complaints and told “we're opening up a can of worms”. Dorschner asked why the lot with Berkner’s boats is considered an eyesore, and another storage lot on First Street is not. He said it’s basically the same type of items on it. Ringquist asked how the storage lot is zoned. Maschoff said the storage lot and the lot with Berkner’s boats are both zoned Central Business. Dorschner pointed out there’s a fence around the storage lot, but not Berkner’s lot, but you can still see through the fence around the storage lot on First Street. He asked why is Berkner’s lot called an eyesore and the storage lot is not. Ringquist said one is a storage facility and the other is a sales lot. Ringquist said if there's a distinction between them he doesn’t know. Ringquist said they’re both allowed, he assumed, in the Central Business Zone at least by interim use. Beck said he hasn’t heard any complaints about the storage lot on First Street. He said he’s heard complaints about why the Planning Commission even allowed Berkner's boats to be on the lot at 309 First Street in the first place. Ringquist said the Planning Commission is here to make a decision on whether to give Berkner another six months or even go up to two years or say they're not happy with the way the lot looks. Ringquist pointed out he wasn’t saying that Berkner has done a bad job keeping the lot up because, at this point, there hasn’t been much to keep up because everything has been buried in snow.Berkner noted they had a lot more boats and items when they owned their original boat lot that was started in 1988. He said they never heard about the need to have a conditional/interim use permit at that time. Ringquist said that lot was probably grandfathered in before the zoning. Berkner said he was unaware about the need to have a permit to have the boats at 309 First Street and if they had, they would have passed putting the boats there. He apologized again about not first obtaining a permit. Berkner said the lot at 309 First Street is one of the only places he knows in the area, unless someone would come up with something different, to display his boats for sale. He said the zero payment to have the boats on that lot makes it healthy enough because a lot of the boats aren’t worth a lot of money. Berkner said they can’t just auction them off and give them away. He said they're hurting so bad. Berkner said they lost everything when they lost their store. Berkner said all they’re trying to do is get out of the business fast, but also sensible. He noted they had a package last week that they had probably $1,000 ‘on when they first pulled it off the lot and sold it for $300 to get it out of the door, so they're doing a lot of that. Berkner said they will keep the lot clean. He said the Planning Commission did not really open a can of worms. Lappe said to give Berkner the benefit of the doubt considering how the spring weather was; he said would propose extending Berkner’s Conditional/Interim Use Permit another three months. Lappe said that would give him three months to move the boats Maschoff asked for clarification if the three month extension would end in August or September. Ringquist noted Berkner’s Conditional/Interim Use Permit was approved by the Planning Commission on December 11", 2017. He said six months from December would put us basically in the middle of May. Berkner asked about the complaints regarding his boats. He asked if those complaining are the same people, or if there have been other individuals who have complained in the past few weeks, months, recently or continually.Lappe said he’s had some of the same people complain and different people who have gone by the lot and asked why there’s a bunch of boats sitting there. Lappe said he had complaints on why there wasn’t snow removal at the lot. He said there have also been people saying a precedence has been set. Lappe said giving Berkner three additional months will give him time to sell his remaining boats, or time to find another location to move the boats if he needs to. Ringquist asked for clarification on Lappe’s motion to determine what date the additional three months would be from. He said it’s unclear from the December 11" minutes. Lappe noted its May 14" and so three months from then would be August 14". Maschoff noted the Planning Commission's recommendation would be considered on May 15". Lappe said to make the three month deadline August 15", 2018. Berkner asked if he would have 90 additional days. Lappe said that was correct. Berkner said that was extremely unfair considering the $150 fee he paid for the Conditional/Interim Use Permit application. He said they didn’t come in here with the plan to put a business up and they are not putting a business up. Berkner said lot owner Lee Porter is being more than gracious. Berkner said he was told as long as the number of boats goes down and down, the Planning Commission would take a look at it every six months and make a decision if he is keeping the lot clean and keeping it up. Lappe said we just made a decision after six months, Ringquist noted a motion has been made, but they haven’t made a decision ‘on anything yet.Berkner said you're talking about a determination. He the Planning Commission is not talking about looking at it in three months or six months and making a decision. Berkner said that’s what he thinks is extremely unfair about it because we've already have had a tough time and now you're talking about August 15". He said they sell a lot of boats in August, September and October and now he’s supposed to be moving them again which doesn’t make sense. Berkner said as long as he reduces the number of boats, the people who are complaining to the Planning Commission members should leave them alone because that’s the point. Berkner asked Lappe if he explained to those complaining that the boats at 309 First Street would be short term. Lappe said that’s what he explained to people. Beck said he explained it was for six months. Berkner said originally he had looked at a couple years, but the Planning Commission told people it was only six months because that’s what we agreed to. Lappe said Berkner had been looking at two years, but that’s why the Planning Commission set the six months because the Commission wasn’t looking at going the two years at that time. Berkner pointed out the agreement was every six months. He said “now I'm here and then you were talking six months from now and now you're cutting it in half which | don’t think is fair, | really don’t”. Berkner said he don’t understand that. He said we've been in business here forever. Berkner said he really doesn’t think it’s fair. He said if he had any other place to be, he would be. Berkner said he certainly cannot afford any place to pay and he can’t get the boats too far from Jackson otherwise the people won't be there to look at them. He said it isn’t very fair. 10Ringquist said he was going to read the exact verbiage from the December 11, 2017 Planning Commission meeting. Ringquist read from the minutes there was a motion that it “was unanimously carried to recommend to the City Council approval of a Conditional/Interim Use Permit application for the Berkners’ to allow for the sale of the remaining boats, motors and boat trailers ona lot at 309 First Street in the Central Business Zone for a period of six months with a possible granting of additional months upon review in May, 2018 by the Planning and Zoning Commission.” Ringquist said it didn’t say anything about two years. He noted it said the Planning Commission was granting it for six months with the possibility that if they wanted to go longer, they could without charging any additional fees. Ringquist said that’s what the Planning Commission did last time and we are at that meeting right now and we have a motion to grant you three more months Beck seconded the motion. Ringquist said there was now a second to Lappe’s motion. He asked if anyone else has any other questions. Hample asked Berkner where he advertises his boats. Berkner said he advertises on Craig’s List, Okbobji.com, Facebook and some other outlets. He said that’s what they've been doing the last few years and it’s been working out pretty well. Hample noted the effort is being made. Berkner said absolutely. He said they want to get out of selling the boats more than “you guys think”. But he said it's not something you can throw to auction because instead of the $5,000 to $10,000 we can get, they will get $2500. Berkner said the boats are already there and he doesn’t know why he wouldn't get an additional six months. Berkner said to check on the lot. He said if they can reduce the boats, trailers and motors and keep the lot clean, he doesn’t know where the problem is. Berkner said it’s going to be cleaner and better done then they did on their boat lot for 25 years. Ringquist said there is a motion and second and the Planning Commission is ready to take a vote. 11Maschoff asked Chairman Ringquist, Lappe and Beck for a clarification if the motion is for an additional three months with the issue to be revisited. Beck said no. Lappe said the motion would be for an additional three months for the boats to be sold or moved Ringquist said that’s what the second on the motion was for. Berkner said he thinks it’s extremely unfair. LAPPE/BECK moved and it was unanimously carried to recommend to the City Council to grant an additional three months on the Conditional/interim Use Permit to allow Berkner’s to sell their remaining boats, motors and marine equipment at 309 First Street to end on August 15, 2018. Maschoff said the Planning Commission's recommendation will go to the City Council for a decision. Ringquist noted it’s a recommendation and the Council will make the decision. Lappe said Berkner can go to the City Council if he would like. Berkner said he could not attend the May 15" City Council meeting due to a doctor's appointment for a family member. He asked if the City Council’s consideration of the Planning Commission’s recommendation could be postponed to the Council's June 5" meeting. Ringquist noted since the Planning Commission is recommending 90 days, he doesn’t know if the City Council has to vote on it on May 15°” so long as its 90 days that’s being recommended. He asked if the Planning Commission members would mind having the City Council consider their recommendation on June 5" to give Berkner an opportunity to attend and address the City Council Lappe said it doesn’t make any difference to him. Ringquist and Lappe noted the August 15", 2018 deadline would still remain in effect if it’s considered by the City Council on June 5". Berkner pointed out summer isn’t even over by August 15" and it’s not even Labor Day yet. 12Lappe explained he has nothing against Berkner and it’s just what he feels. He said when the Planning Commission at the time granted Berkner’s Conditional/Interim Use Permit they opened a can of worms. Lappe said he’s explained to most of the people he’s talked to that the Planning Commission was going to look at the matter again in six months. He said there’s a lot of people waiting to see what the Planning Commission is going to do. Lappe said he’s going to catch a lot of flak for making a motion to allow an additional three months. But, Lappe said he doesn’t think it would be fair to Berkner to say tonight to move the boats. Lappe said he’s trying to find a half-way median down the road and is saying three months. He said maybe the City Council will look differently on it. Lappe said he don’t have anything against Berkner or anything else. He said he knows when the Planning Commission approved the permit in December; they opened a can of worms. Lappe said he explained to people that Berkners’ have been in business and the Planning Commission is going to give him six months with some restrictions and we'll wait and see what happens. He said he knows there’s “some that’s waiting for the six months and then I think our can of worms is going to explode and it might explode after we did this three months, but | can live with that part of it” Ringquist said that’s what the consensus already is and the motion has been made and voted on. Ringquist said he doesn’t see any reason to not have Berkner take a family member to the doctor on May 15". Ringquist asked Maschoff to not put the Planning Commission’s recommendation on the City Council’s agenda until their June 5" meeting. 13Lappe said Berkner could then have the opportunity to address the City Council at the Council’s June 5" meeting. Maschoff clarified that the August 15", 2018 deadline would still remain in place. Lappe said the August 15" deadline would remain the same. Berkner thanked the Planning Commission. ADJOURNMENT With no further business, BECK/HAMPLE moved and it was unanimously carried to adjourn the meeting. David A. Maschoff, Zonin; 14