HomeMy WebLinkAbout02-23-2015 joint planning and zoning minutesCanton Joint Planning & Zoning Minutes
January 12, 2015
A Special Meeting on February 23, 2015 was called to order by Chairman Jim
Hartford at 5:30 p.m.
Roll call was taken: 14 members with 8 attending - Quorum present
Members Present - Jim Hartford, Kathy Lock, Phil Fleming, Alan Dilts, Kent
Janssen, Dave Pickel, Roy Hopper and James Elson Sr.,
Members not present - Maria Orwig, Ed Patton, Kay Long, Craig West, Justin
Nelson and David Headley.
Others Present - Planning & Zoning Director, John Kunski, petitioner, Doug
Hensley, Linda Fulkerson with Brinshore Development and attorney, Richard
Connor Riley.
Chairman Hartford called for a motion to approve the minutes from the meeting
of January 12, 2015. Motion made by Kathy Lock and seconded by Roy Hopper
with a correction to change attending member to 9 instead of 8. Motion carried
with a unanimous voice vote.
Chairman Hartford read the petition, Case 15 -004, filed by Doug Hensley dba HH
LLC for a Special Use Permit to erect mini storage units on property located at
1680 East Ash Street currently zoned B -2.
Doug spoke and thanked the Commission for having the special meeting. He
stated that time was an important factor in this project as the price for the units
are set to increase March 1 Sr. Doug has a real estate /auction company in town.
He also owns a mini storage facility East of Canton near Canton Lake area. He
feels there is a need for units in the East end of town and would like to provide a
service for that area.
The property is zoned B -2 and mini storage units are allowed on a lots not less
than 1 acre. The lot he is acquiring is 2.931 acres. He had an aerial photo of six
units but right now he is proposing 2 units on the North end near Ash St. He is
working with a local contractor to construct the building as well as a concrete
contractor.
Linda Fulkerson with Brinshore Development who have the Ashland Apartment
Complex to the East of the proposed units asked to speak and was given the
floor. She said that Brinshore fully supports the concept of the mini storage units
but they do have some concerns and conditions. Their number one concern is
water retention and drainage. That particular area has a drainage problem at
this time. Linda noted that lighting is also a concern. They do not want any lights
shining in the apartments. A bio -swell is located on the West side that holds
water and Brinshore doesn't want anything to happen to it. Linda said that they
would like a 15 foot setback to distinguish between residential and commercial
property and feels it would also help with the lighting issue and would like to see
some type of fencing or a berm be put up between the two properties. Other
than those few concerns Brinshore fully supports the units. John Kunski said that
Doug will submit a full site plan that will address those issues and he has talked
with Doug and the city engineer will also be involved during the permitting
process. Linda said that they want to be a good neighbor and let the
community know that they are a part of the community.
Dave Pickel stated that the city will be doing work on East Ash in a couple of
months and thinks that it may help with the drainage situation out there also.
Mr. Elson asked to be excused from the vote as he is the seller of the property to
Mr. Hensley.
Chairman Hartford called for A Motion to accept the Finding of Facts as
individual or as a whole and Kent Janssen made A Motion to do the Finding of
Fact's all together with consent to all, seconded by Alan Dilts and Motion carried
with a unanimous voice vote.
A Motion to send the recommendation for Special Use Permit to Council was
made by Alan Dilts and seconded by Phil Fleming. Motion carried with
unanimous voice vote. Mr. Elson abstained on both votes.
Chairman Hartford read the second item, Case number 15 -005, which is a
petition from Doug Hensley, for a variance from the Architectural Guidelines for
Commercial Business to allow for metal siding in a B -2 zoning at 1680 E. Ash.
Doug said that most of the kits for this type of structure have metal siding on the
exterior and feels that it is a good fit with other properties on East Ash. John
Kunski agreed and said that staff had no issues with this request.
A Motion to accept the Finding of Facts as a whole with yes to all was made by
Kent Janssen and seconded by Dave Pickel. Motion carried with a unanimous
voice vote and the variance was granted. Mr. Elson again abstained.
The third item - to discuss and recommend to Council the approval of the revised
cell tower ordinance that John Kunski, with help from the commission, has been
working on to prepare to send to Council. Quite a bit of new language has
been added.
Mr. Elson asked John if the definition for stealth tele- communication facilities was
in the document and John said that it was not but would add that language to
it.
Dave Pickel asked about the distance of the property line being at least equal to
one -half the height of the tower and was concerned how that would affect the
tower that Verizon wanted to put up? John said that this would actually help
with that.
Richard Riley, attorney for Central States Towers and Verizon Wireless also
attended the meeting. The companies he represents petitioned the JPZC back
in October to erect a cell tower at 47 East Spruce. That request was denied due
to lack of guidelines in the existing ordinance. That will change with the new
ordinance, if it goes through Council. They will not have to seek a variance, but
will need to apply for a permit.
Phil Fleming told Mr. Riley that he appreciated the 16 page document that he
shared but noticed at the end that it was copyrighted. Mr. Riley said that if that
were the case he would release the copyright.
Mr. Riley said that if this did go through Council, they would withdraw their
petition and apply for a building permit. He would like to speak to the Council
and bring a short presentation on March 3,d.
A Motion to send the ordinance to Council was made by Phil Fleming and
seconded by Kathy Lock. Motion carried with a unanimous voice vote.
A Motion to adjourn was made by Alan Dilts with a second from Dave Pickel.
Motion carried with a unanimous voice vote.
The meeting adjourned at 6:OOpm
Respectfully submitted by:
Nancy K. Mackey
Recording Secretary