March 11th, 2008

Minutes - Woodbury County Zoning Commission Meeting March 11, 2008

The meeting convened on the 11th of March, 2008 at 12:45 PM in the Board of Supervisor’s meeting room on the first floor of the Court House, Downtown, Sioux City, Iowa. Present were the following Commission members – Acting Chairman Grady Marx, Commissioners: Dwight Rorholm, David McWilliams and Arvin Nelson. Excused absence: Commissioner Christine Zellmer Zant. Zoning Staff Present: Director John Pylelo and Clerk Peggy Napier who arrived at 2:40 PM. Present from the public was Riley Simpson, the County’s consultant with Flat Earth Planning.

The first agenda was election of your Commission’s 2008 Chairperson and Vice-Chairperson.

Mr. Pylelo provided ballots with Commissioners present electing Commissioner Marx as 2008 Chairperson and Commissioner Mc Williams 2008 Vice-Chairperson.

The next agenda was the Chairman’s appointment of a 2008 representative to the Siouxland Interstate Metropolitan Planning Council (SIMPCO).

Chairperson Marx appointed Mr. McWilliams to serve as 2008 Commission representative to the Siouxland Interstate Metropolitan Planning Council (SIMPCO). Chairman Marx advised the Commission SIMPCO’s next meeting would be held on Thursday March 13, 2008 beginning at 5:30 PM. Chairman Marx offered to attend with Commissioner McWilliams.

The next agenda was approval of February 25, 2008 Commission Minutes.

The minutes presented for approval included last meeting’s discussion of the proposed Mathew Corey Addition subdivision. The Commissioners inquired as to the current status of the proposed Addition to be located near the intersection of Glen Ellen and Elk Creek Roads. Mr. Pylelo advised the Commission Mr. Nick Corey had emailed the Planning and Zoning office thanking the Commission for all its help and stated… “I will have to take another look and maybe just sell or trade the property instead of try for a development.”

The Corey Addition discussion led to Mr. Pylelo stating the Supervisors would be expecting proposed zoning ordinances which would not permit structures being placed within any designated water inundation area should any water retention structure fail. Mr. Simpson and Mr. Pylelo were to review proposed ordinances and to include such restrictive language should it not currently be present.

Commissioner McWilliams made the motion to approve the February 25, 2008 minutes as presented with no changes; seconded by Commissioner Nelson; motion carried 4-0.

The next agenda item was any citizen wishing to be heard before the Commission

There were not citizens present wishing to be heard.

The next agenda item was general discussion regarding agricultural land preservation legislation within the Iowa Code.

Mr. Pylelo gave a short recap of the history of this agenda item which has been placed upon past agendas at the request of Commissioner Zellmer Zant .

Mr. McWilliams made the motion to table the agenda item until such time as Commissioner Zellmer Zant is present; seconded by Commissioner Rorholm; carried 4-0.

The next agenda item was a Work Session Re: Woodbury County Zoning and Subdivision Ordinances and Zoning District Mapping.

County consultant Mr. Riley Simpson addressed the Commission and distributed an updated draft of proposed Zoning District mapping dated March 2008. The zoning district mapping was represented to include all approved changes made to the mapping through the February 25, 2008 Commission meeting.

Chairman Nelson requested a review of the parcels he owns between the city limits of Sioux City and Glen Ellen Rd. Commissioner Nelson requested the Commission consider adjusting the proposed zoning mapping to reflect certain parcels he owns be zoned AE (Agricultural Estate) rather than the proposed AP (Agricultural Preservation) with each parcel being discussed.

It was determined that due to the close proximity of the parcels to the Sioux City corporate limits (adjacent to the north and west); and due to the fact one of Sioux City’s lift stations is nearby that the potential for significant future residential development pressures will be created within this area. It was determined that Glen Ellen Rd. could be a logical boundary separating any AP zoning designation on the southeast side of the roadway from any AE zoning designation on the northwest side. Mr. Simpson was directed by all present Commissioners other than Commissioner Nelson to make these AP to AE changes to the selected parcels on the north side of Glen Ellen Rd within sections 20, 21 and 29 of Woodbury Township. It was noted by the Commissioners this change would include parcels owned by Commissioner Nelson.
Discussion continued on zoning district mapping focusing within an area potentially overlooked in a previous review; specifically an area proposed for AP (Agricultural Preservation) zoning designation. The area in question lies at or near the intersection of Old Lakeport Rd. and Derocher Path in the NE of the NW of Section 20, Woodbury Township and includes three (3) parcels lying southwest of the intersection owned by Thoreson, Kyle and Archer and five (5) parcels lying southeast of the intersection owned by Stokes, George, Jaminet, Chedester (two parcels) and Derocher. It was noted the Derocher parcel currently has a mixed use including General Commercial for a mechanical contracting business.
Mr. Pylelo noted the current use of the parcels and their respective size may require considering assigning various zoning designations including AE (Agricultural Estate), SR (Suburban Residential) and GC (General Commercial). Mr. Simpson and Mr. Pylelo were to review the area and propose zoning designations for Commission consideration.
Mr. Simpson then informed the Commission or the Commission/Zoning Director inquired the following of Mr. Simpson:
• Simpson was asked to remove the vertical lines appearing in the right hand margin of certain pages of the March 3, 2008 draft of zoning ordinances.
• Simpson advised he has removed or changed certain annotations within the zoning ordinance language. Commissioners concurred.
• Zoning Director Pylelo asked that within the context of the Grandpa House that a definition be added on page 79 defining specifically which “relatives” qualify under this ordinance provision. Commissioners concurred.
• Simpson advised the Land Use Summary Table was changed to remove the two references to “Provisional Uses” as previously shown on pages 29 and 30 of the table. Mr. Simpson felt the minimal reference thereto did not warrant the inclusion of this category of use within the table. Commissioners concurred.
• Commissioners requested the addition of a language on page 29 of the proposed Use Table referring to the “Agricultural Exemption”.

Mr. Rorholm made a motion to take a brief recess. Mr. Nelson seconded the motion; motion carried 4-0.

Meeting recessed at 2:22 PM. Meeting reconvened by Chairman Marx at 2:40PM.

Mr. Simpson discussed Article 2: Section 2.02: Administrative Procedures; #5 – Conservation Development on page 15. A discussion ensued regarding how this process could be used as a “…tool for using land for conservation;” such as those wanting a Loess Hills overlay. It would incorporate a “…transfer of development rights” for AP, AE and SR zoned lands.

#9: Planned Development Overlay Zoning District was also reviewed with no changes on pages 25, 26 and 27. Mr. Rorholm questioned seting up guildelines on “C. Dimensional Standards.” Mr. Simpson and Mr. Pylelo agreed to review the bulk regulations for this section. Consultant Simpson and Mr. Pylelo agreed to write language for Adult Entertainment locations.

5:00 PM recessed for dinner; 5:30 PM reconvened.

Changes for Article 5 – Supplemental Requirements: Section 5.01. Off-street Parking and Loading: beginning on page 44. Your zoning commission requested when considering the Supplemental Requirements it be kept simple and not to complicate the considerations.

• #1. Intent: In the opening line, queuing space requirements and under b) controlling dust and soil erosion were deleted.

• Under #2. Applicability: letter “C” regarding expansion or change of use was deleted.

• Under #2. letter “E” was deleted.

• #3 was deleted.

• Under #4. Applicability: letters C, D and 1 and 2 under D were deleted.

• The following letter “B” regarding Sharing was eliminated.

• Under #6. Required quantity of parking and loading: Residential uses – Dwellings, No. of parking places was changed from 1 to 2 per dwelling.

• Under Entertainment, hospitality, recreation services: Paintball range and its parking and loading spaces were deleted.

• Under Institutional uses: in the five (5) considerations and Medical Services: in the four (4) considerations, parking spaces were all changed to As needed.

• Under Schools and Secondary Schools they were each given one (1) loading space.

Consultant and your Commission finished reviewing for the evening at the top of page 49.

Your Commission decided to review Signs and the Floodplain Management Ordinances. Ms. Napier promised to provide Mr. Simpson with the correct update date for the Floodplain Insurance Rate Maps Book.

Mr. McWilliams made a motion to adjourn the meeting; Mr. Nelson seconded the motion; motion carried 4-0.

Next meeting will be March 24, 2008, from 12 noon until 9 PM.