Minutes of Zoning Commission Meeting held September 13, 2011
I. Call to Order. Meeting was called to order at 9:00 a.m. Commission members present were Thomas Schwab, Duane Koch and Tami Vetter. Also present were Jeff Sherman, Administrator, and Misty Day, Assistant. Roll call of Commission members was taken and three (3) out of the five (5) members were present, with Commission members Susan Nelson and Dean Tjaden being absent.
II. Approval of Agenda. A motion to approve the agenda as presented was made by Duane Koch and seconded by Tami Vetter. Motion was unanimously approved.
III. Approval of Minutes. A motion to approve the Minutes from the June 28, 2011, meeting was made by Tami Vetter and seconded by Duane Koch. Motion was unanimously approved.
IV. Public Comment Period. No public comments were received.
V. Old Business. No old business.
VI. New Business.
A. A public hearing regarding a request by Michael Molstead for approval of a Preliminary Subdivision Plat for thirteen (13) lots on a 17.65 acre parcel located in the NEľ of Section 20, Township 95 North, Range 15 West, St. Charles Township, Floyd County, Iowa, and a request to rezone the subject parcel from AG to R-1. Applicant Michael Molstead was present for the hearing along with his surveyor, Lyle TeKippe. Also present for the hearing were adjacent property owners Vicky & Larry Sonne and Kathy Sonne, Farm Bureau representative, Randy Heitz, and Realtor Lori Stewart. Assistant Dayís Staff Report regarding this request was made an official part of the record. Chair Schwab stated that it was his understanding from the Staff Report that the City of Charles City needed to review the Plat since it was within 2 miles of the City limits and he inquired as to whether that had occurred yet. It was determined that the City did not get it on the Agenda and they would be reviewing it the following Monday. Surveyor TeKippe began the presentation by stating that the lots were set up so that they were all at least one (1) acre or more; the lots would be served by a cul-de-sac; the end lot (Lot 7) was set up for Applicant Molstead to use and it was not meant to be a buildable lot; the lots would be used for single family residential; and that the water and sewer was going to be individually owned at this point in time. Chair Schwab stated that he visited the subject parcel prior to the hearing and was curious as to what the lathes and flags on the subject property were. Surveyor TeKippe stated that even though this is not a final plat, he went out and located the proposed lots lines so the Applicant could get a feel for what the lots would look like and that they have not put any pins out there yet. Applicant Molstead added that two (2) of his children have completed college, moved back, and wish to build houses on the subject parcel. Tom Sisson has been farming the parcel for Applicant Molstead and a horse barn was erected on the parcel, but the horses are now gone. Before Applicant Molstead lets his children build houses out there, he wanted to have some sort of rhyme or reason as to where the houses were built rather than just building them anywhere, and that is why he decided to subdivide and plat out the parcel into lots.
Randy Heitz spoke by stating that the County needs more families moving back and at the same time he respects the neighbors in the Agricultural district too. Vicki Sonne also spoke by stating that she and her husband do not have an opposition to the building of houses, their biggest concern is that they farm across the road and they want their farm to continue to be prosperous. Applicant Molstead stated that this particular parcel was very sandy and is not the best place to farm, and that his intention was not to take agricultural land out of production however this particular parcel was not the best parcel to farm anyway. Randy Heitz added that it is Farm Bureauís intent to be at the ground floor of the development process and suggest to Applicant Molstead that an easement or covenant be attached to the abstract of each lot recognizing that there is farming taking place in the neighborhood and there might be some days where it will not be pleasant smelling or times when combining will take place at night, etc. Randy Heitz added that there are parts of the Midwest where huge litigation takes place because farming is not recognized by rural subdivision occupants and if we could make sure that was recognized early on in this case, that would really appease the future growth of Agriculture. Randy Heitz also stated that his staff has already developed some template forms that could be shared between attorneys. Commission Member Duane Koch inquired as to whether the road was going to be a paved street or gravel. It was determined that the road must be maintained as a private drive and the County Engineer rendered a written opinion stating that he approved the plat with the understanding that this would remain a private drive. Assistant Day also added that the road name needs to begin with the letter ĎTí so the road name would have to be changed from Augusta Circle. Vicki Sonne spoke again regarding her concerns and wanting to work on an agreement to protect the farmland across the road similar to what Randy Heitz had spoken about and Applicant Molstead stated that he was very open to that. Surveyor TeKippe added that he did not see a problem with that either and he will have to look at attaching that to the final plat.
A motion to approve the request by Michael Molstead for approval of a Preliminary Subdivision Plat for thirteen (13) lots on a 17.65 acre parcel located in the NEľ of Section 20, Township 95 North, Range 15 West, St. Charles Township, Floyd County, Iowa, and a request to rezone the subject parcel from AG to R-1, was made by Duane Koch and seconded by Tami Vetter. Roll call vote was taken and the motion was unanimously approved.
B. A meeting with NIACOG was held, with Joe Myhre and Dan Schroeder being present on behalf of NIACOG. Discussion took place regarding the process for adopting the Zoning Ordinance. It was determined that the Planning & Zoning Commission would need to hold a public hearing on the Ordinance, followed by the Supervisorís three (3) readings, two (2) of which could be potentially waived by the Supervisors. Joe Myhre with NIACOG stated that they would prepare the notices as well as a summary of the ordinance to publish in the paper and that the Supervisorsí first reading should take place at least a week after the Planning & Zoning Commissionís hearing. Discussion was had regarding whether the Planning & Zoning Commission should hold its public hearing in the evening and it was determined that this would not be necessary. It was further determined that the Commission would hold its public hearing on October 11th, 2011, at 9:00 a.m. which is the date and time of their next regularly scheduled meeting.
VII. Other Business. No other business.
VIII. Commission Comments. No additional Commission comments.
IX. Staff Comments. Discussion was had concerning the proposed Rules of Procedure. Assistant Day stated that she had met with County Attorney Norm Klemesrud and the only change he wanted to see made was the removal of the Communication with County Attorney provision and that he did not see anything wrong with the rest of the Procedures. Assistant Day stated that if it were the Commissionís desire, she would put it as an action item to vote on at the next meeting. The Commission was in agreement.
X. Adjournment. Motion to adjourn the meeting was made by Duane Koch and seconded by Tami Vetter.
Jeff D. Sherman