A regular meeting/public hearing of the Planning Commission of Alexandria Township was held on the 23rd day of September, 2013 at the Alexandria Township Conference Room, 610 Fillmore Street.
Roll Call: Commission members present were Julie Haar, Mary Hacker, Larry Steidl, Linda Dokken-McFann and Bill Dropik, Jr. Also present were Bonnie Fulghum, Deputy Clerk, and Ben Oleson, Township Zoning Administrator. As said members formed a quorum and the meeting was called to order by Chairman Steidl at 6:00 p.m.
Agenda: Hacker, seconded by Dokken-McFann, made a motion to approve the agenda as written. Motion carried unanimously.
Minutes: Haar, seconded by Dokken-McFann, made a motion to approve the minutes of the 8/26/2013 meeting as written. Motion carried unanimously.
Chairman Steidl recessed the meeting and opened the public hearing on the tabled preliminary plat of Tim Rock.
Public Hearing: Zoning Administrator Oleson stated the application had been tabled at the previous meeting due to legal concerns surrounding the road/easement issue, the 10-acre minimum requirement, and the re-issuance of corrected notices to neighboring properties. Oleson researched the question of subdivisions being required to have 10-acre minimums. Douglas County’s zoning office had this requirement at one time to avoid the platting process but has since revoked it. The county assessor’s department, however, takes the 10-acre factor into account when taxing tillable farmland. The township requires newly subdivided lots to be 15,000 square feet (one-third acre) and at least 100 feet wide in the UR district.
With regard to the 33 foot easement, Oleson discovered there are in actuality two easements: Bernie Rachel to Gary Spaeth (now Brundell) who owns and maintains the driveway, and from Gary Spaeth (now Brundell) to Bernie Rachel and all future owners (which includes Mr. Rock) to use the 33 foot strip. The driveway surface is not a part of the easement, so in order to use the driveway surface, landowners would need to cross Harold Koep’s land. Mr. Koep has not given permission to anyone except Mr. Brundell.
Oleson’s recommendation is to not allow the back lot of 8 acres to be created without a better way of accessing the property.
Mr. Rock asked the commission their thoughts regarding a new design of three lots; i.e. 2, 6 and 12 acre lots. The 12 acre lot would essentially be a “flag lot”, accessed off Liberty Road, and would become a buildable lot. It may, however, still need a variance re the zoning ordinance stipulation of connecting to the sewer line.
Harold Koep, 3504 County Road 73, stated his concern about the commission entertaining dialogue regarding a new design before making a determination on the existing design.
Oleson said during the course of a preliminary plat, the design can change; however, it is up to the commission to decide at what point the changes are too broad and a new design would be necessitated.
Chairman Steidl closed the public hearing and reconvened the meeting.
Commissioner Hacker expressed her thoughts that for clarity for all persons involved, it would be prudent to deny this first application since there are complications with regard to the easement(s)/driveway and proper access to the 8 acre lot. She felt that if the applicant were to submit a new plan with the changes he indicated, then proper notification would go out to neighboring landowners and they would have an opportunity to see what is being addressed and convey their comments and/or concerns.
Commissioner Haar stated she was more comfortable making a decision on the existing plan rather than proceeding with the proposed changes by the applicant at this time.
Commissioner Dokken-McFann expressed concern about the duplication of fees; i.e. if the applicant chose to submit a new design and paying the application fees again.
Motion by Hacker, seconded by Haar, to recommend denial of the preliminary plat application of Tim Rock based on the fact there is no access to the landlocked lot off of County Road 73. If the applicant chose to submit a re-design, the recommendation is to waive the application fees. Roll: Dropik – yes, Hacker – yes, Dokken-McFann – yes, Haar – yes, Steidl – yes.
Opposed: none. Motion carried unanimously.
Chairman Steidl recessed the meeting and opened the public hearing on the zoning ordinance amendments.
Zoning Administrator Oleson presented a draft of the Sign Ordinance amendment. Oleson stated that digital signs would be prohibited under (3)a “Electronic changeable copy signs” on page 13 of the staff report. He also mentioned that billboards would be a prohibited use under (2)c “Off premise highway signs” on page 14 of the staff report.
Seeing as there was no public present for comment, Chairman Steidl closed the public hearing and reconvened the meeting.
Motion by Dokken-McFann, seconded by Dropik, to recommend approval of the sign ordinance as presented in the staff report. Roll: Dropik – yes, Hacker – yes, Dokken-McFann – yes, Haar – yes, Steidl – yes. Opposed: none. Motion carried unanimously.
Chairman Steidl closed the meeting and opened the public hearing on the Keeping of Animals Ordinance amendment.
Zoning Administrator Oleson presented a draft of the zoning ordinance amendment for Section V. Keeping of Animals. Chairman Steidl stated we had received correspondence concerning this amendment from a resident, Julie Feuling, 2207 West Lake Jessie Drive SE. He requested Deputy Clerk Fulghum to read the correspondence aloud. Chairman Steidl asked the commission to express their comments.
In response, the commission chose to make the following revisions:
Revise (1)(a) to read as follows: “Animals or reptiles which are poisonous, venomous, constrictive, dangerous, wild or exotic are prohibited throughout the Township.”
Revise (3)(a), the second sentence, to read as follows: “Unless specifically prohibited by Section (1)(a) of this ordinance, any small animals kept completely and entirely within a dwelling are not regulated by this ordinance.”
Revise (1)(b) to read as follows: “The keeping of animals subject to this ordinance is not allowed on lots less than one acre in size, in platted subdivisions with an average lot size of less than one acre, or lots with a width of 60 feet or less.”
At the end of the table under (3)(b), the sentence with the asterisk is to be revised as follows: “* Number of animals allowed shall increase by one (1) for each half-acre of land above one acre….”
Note that there were two subsection “b” under 1. General. The second “b” was changed to “c”. The commission chose to delete the last portion of the sentence “that are one (1) to two and one half (2.5) acres in size….”
Seeing no public present for comment, Chairman Steidl closed the public hearing and reconvened the meeting.
Commissioner Hacker left the meeting.
Motion by Dokken-McFann, seconded by Dropik, to recommend approval of the sign and keeping of animals amendments as outlined in the staff report including the changes as noted above. Roll: Dropik – yes, Dokken-McFann – yes, Haar – yes, Steidl – yes. Opposed: none. Motion carried unanimously.
Zoning Administrator’s Report: Update provided.
New Business: Pervious Pavers.
Old Business: Comprehensive plans training and discussion.
Motion by Haar, seconded by Dropik, to table discussion on pervious pavers and the discussion/training on the comprehensive plan. Motion carried unanimously.
Adjournment: Being no further business Haar, seconded by Dropik, made a motion to adjourn the meeting. Meeting adjourned at 8:14 p.m.
Respectfully submitted…
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Bonnie Fulghum, Deputy Clerk
Approved this ____ day of ___________, 2013
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Larry Steidl, Chairman