Buffalo Wyoming Planning Commission Meeting Minutes

Buffalo Wyoming Planning Commission Meeting Minutes3 /27 /2007
May 3, 2007
Author: CLB

RECORD OF THE MINUTES OF CITY OF BUFFALO, WYOMING
PLANNING COMMISSION

March, 27th 5:00 pm

Present from the Planning Commission were Steve Reimann, Bill Cooley, Don Kraen, and Randy Dyess. Absent from the planning commission was Dick Branaman. Others in attendance were Bill Mentock, Norb Lyle, Keith Neustel, Kip Redden, Lois Peterson, Frank Pratt, City Planner Colin Betzler, and Building Inspector/Project Manager Chris Spencer. There were several unidentified members of the public as well.

Agenda

1. Call to order.
2. Approval of the minutes of the March 27th, 2007 meeting.
Recommendation for officially adopting a Master Trails Map for the City of Buffalo – requested by the Trails Board of Buffalo.

3. Sketch Plan – Garland Addition

4. Lot Split Request – Hatch Addition to the City of Buffalo

5. Lot Split Request – 912 Fullerton (Previously Tabled)

6. Conditional Use Permit – American Homes LLC – 35 N. Carrington

7. Lot Line Inquiry – Al Weeden

8. April Meeting Date
9. Adjourn

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Mr. Kraen called the meeting to order at 5:00 P.M.

First on the agenda was the Approval of Minutes from March 27th, 2007.
It was noted that corrections needed to be made to the names of Kip Redden, Keith Neustel on page 1. Also noted was the misspelling of Burritt Street on page 4, an errant “r” on page 5, and a grammatical error on page 6 which should read “At this point, it makes…”.
Mr. Dyess made a motion to approve the minutes as corrected.
Mr. Reimann seconded the motion.
The motion carried, with all present voting aye.

Second on the agenda was the recommendation of a Master Trails Map for the City of Buffalo by The Buffalo Trails Board. Bill Mentock was the representative of the board. Mr. Mentock gave a brief history of the Master Trails Map and outlined the process by which it was created, highlighting public involvement. He explained the scope and purpose of the Master Map and the reality of it being a working document that would most likely be changed on a yearly basis.
There was general discussion by the Planning Commission, with Bill Cooley also speaking about the purpose of the document.
Mr. Reimann made a motion to accept the Map as the official Master Trails Map of Buffalo.
Mr. Cooley seconded the motion.
The motion carried with all present voting aye.

The third item up was the sketch plan for the Garland Addition (24.3 acres zoned R-1) to the City of Buffalo. There was not a representative present from the developer, and the Planning Commission carried a motion to table the item.

The fourth item on the agenda was a lot split request for lot 28 of the Hatch Addition (1.1 acres) to the City of Buffalo. Josh Johnson and Jake Hatch represented this item.
The Planning Commission questioned the reasoning behind the lot split, and how it would fit into the larger subdivision picture.
Mr. Johnson explained the current situation, and how the developer, Mr. Hatch would like to have the said lot separate from the larger tract of land representing the Hatch Addition for financing purposes. When the subdivision goes to Preliminary Plat from, this particular lot split will be shown as lot 28 on the official subdivision plats.
There were a few questions by the Planning Commission regarding current access to the parcel, as well as the existing easements that ran across the property.
Mr. Reimann made a motion to approve the lot split with the condition that a new Plat map and affidavit be drawn up to show all existing easements currently on the property.
Mr. Dyess seconded the motion.
The motion passed with all members voting aye.

Next up was the lot split for 912 Fullerton, with Kip Redden present. Colin Betzler gave a brief description of the history of this lot split request, highlighting that the applicant now had all the proper documentation needed by the city to receive the lot split decision.
There was a brief discussion by the Planning Commission regarding the Homeowners Agreement. Mr. Dyess brought up the fact that there was nothing in the Agreement requiring both owners to have current Homeowners insurance on the properties.
There was a lengthy discussion regarding the issue of R-1 lots being split into 2 for duplex housing by individual owners. The Planning Commission had strong feelings that in the future, these type of lot split requests should have to be rezoned to an R-3 designation and then allowed to split. They determined that in the future they would not give builders a chance to slip through this loophole again. The codebook needs to be changed to reflect this position.
Mr. Dyess made a motion to approve the lot split request on the condition of an insurance clause being included in the Homeowners Agreement. Mr. Reimann seconded the motion.
The motion carried with all members voting aye.

The sixth item on the agenda was a conditional use permit request for 35 N. Carrington by the owner, Jeremy George. The applicant explained that he was wanting the property to be approved for a condition use permit and then requesting a lot split if the conditional use was approved. Mr. George explained the proposed use of the newly created conditional use lot. He is planning on locating a model home to the lot which will be used as a business office for the sale of similar homes for at least 2 years. After that time, he is hoping to be able to switch the office to a different location and sell the home as a normal residence.
There was a discussion determining what the Planning Commission is allowed to regulate per city code. It was concluded that the Planning Commission would regulate the size of the business sign and the length of the conditional use permit.
Chairman Kraen opened up a public hearing on the matter.
Chris Spencer, the city building inspector asked a question about the existing setbacks regarding the house on the west side of the property, which would be located on the newly created western lot if the lot split was approved.
There was a lengthy conversation regarding the house currently located on the west side of the property, and issues with setbacks that are not consistent with code requirements in an R-3. Mr. George told the planning commission that if the setbacks on the home were an issue, he would have another plat drawn up that would allow for the required setback requirements.

Chairman Kraen then closed the public hearing and asked for discussion and any other questions from the Planning Commission.

Mr. Reimann made a motion to grant the conditional use permit for 35 N. Carrington with the following conditions: the length would be for 2 years, it would be non-transferable, they would allow a sign of 30 square feet to be lighted only during business hours to be located on the property in conjunction with the model home and office.
Mr. Cooley seconded the motion.
The motion was carried with all members voting aye.

Mr. Dyess then made a motion to approve the lot split request for 35 N. Carrington with the condition that the west lot needs to meet the setback requirement of 15 feet as indicated in the city code book for R-3 zoning.
Mr. Cooley seconded the motion.
The motion was carried with all present voting aye.

Mr. Weeden came before the board to walk them through his proposal for a lot line adjustment concerning lots 9 and 10 of the Village West Subdivision of the City of Buffalo. He stated that he wanted to be sure that the Planning Commission thought the idea would work before he officially closed on the lots. He will be presenting his lot line adjustment in the near future. After a brief discussion involving the Planning Commission, Building Inspector and City Planner, it was determined that it appears that the lot line adjustment would not be an issue with the Planning Commission.

The Planning Commission identified April 24th as the next meeting date.