Zoning and Planning Commission Meeting - September 9, 2024

The meeting was called to order at 10:00 AM on September 9, 2024. The commission approved the minutes from the previous meeting (with a note about a spelling error), heard two cases, and adjourned. The meeting was attended by members Kimball, Phillips, Warren, Rosenberg, Landis, Clue Michael, and Spruce.

Consent Calendar

• Motion to approve minutes from the previous meeting was made by Dr. Rosenberg, seconded by Mr. Landis and Ms. Clue Michael. All voted in favor. A note was made that Mr. Kramer's last name was spelled incorrectly in the minutes, but otherwise correct.

Public Comments & Testimony

• Case 028-24 (Rezoning): No public comment was offered in favor or opposition.
• Case 029-24 (Alley vacation):
  • In Favor: Daris Adams (2520 South Kingsdale) spoke in support, stating that two trucking professionals he consulted believed the proposed changes would improve traffic flow.
  • In Opposition:
    • Norman Kramer (1032 South Rangeline) opposed, stating that his distributors were uncomfortable with the new route due to sharp turns and potential conflicts with drive-thru customers. He noted that Dutch Bros had other location options, including a 2-acre site on 7th Street. He also emphasized the 58-year history of his business.
    • Andy Kramer (1032 South Rangeline) read letters from:
      • John Dang (owner of Golden Dragon Restaurant), who stated the alley vacation would disrupt his deliveries used for over 20 years.
      • Harvest Meats distributor, who said the proposal was an unreasonable ask for their tractor trailers.
      • Gold Crown Food Company, who stated the plan would make deliveries impossible and create safety concerns.
      • Martha Pope (owner of duplexes at 2931 and 2933 East 11th Street), who expressed concern about loss of property value, driveway access, truck noise, and trash. She stated she was unable to attend the August council meeting but met with representatives afterward.
    • Gary Williams (2930 Illinois Avenue) opposed, citing loss of direct access to 11th Street from his property, increased traffic near a school, lack of plans to extend Frost Avenue to 10th Street, and potential traffic backups. He also questioned the ownership of Seneca Enterprises and alleged pressure to sell the property.

Discussion Items

• Case 028-24: Request to rezone from District C1 (Neighborhood Commercial) to District R2 (Two-Family Residential) at 630 South Porter Avenue.

  • The applicant (owner of the property) stated he wanted to rezone the property to residential to sell it because his house burned two years ago, he rebuilt, and has been trying to sell for a year. He noted that lenders and the JHAP grant program will not finance in a commercial zone. The property is in a residential neighborhood. A realtor (Alicia Nunley) confirmed the owner was unaware of the C1 zoning and that both JHAP and conventional lenders required residential zoning. The commission discussed whether JHAP required owner-occupancy, but staff clarified that was irrelevant to the zoning decision. No questions from the public. Motion to approve was made by Dr. Rosenberg, seconded by Mr. Landis. All voted in favor. Motion carried.

• Case 029-24: Request to vacate the alley right-of-way at 1036 South Rangeline.

  • The applicant (Seneca Enterprises, represented by Andrew C. Miller and Max DiCarlo) presented an updated site plan following a previous city council direction. Key points of the presentation:
    • The back parcel between the alley and Frost Street was rezoned to C3 in 2013.
    • The proposal reroutes alley access to a new Frost Avenue connection, with a recorded ingress/egress easement for public use (including Mr. Kramer's trucks) that runs with the land. All construction and maintenance costs for the easement area would be borne by the tenant.
    • Updated site plan includes turn templates (engineer-stamped) and rollover curbs to accommodate semi-trucks. The city engineer confirmed the turning templates work.
    • Stacking plan shows 19-car capacity in the drive-thru, well above the average 10 cars at peak hours (7-9 AM and 4:30-6:30 PM).
    • A 6-foot privacy fence and photometric plan were proposed to protect neighboring residential properties from light pollution.
    • Applicant noted that despite efforts, they were unable to gain support from the Kramer family, who are generally opposed to any development of the second-tier parcels.
  • Commission questions and discussion included:
    • Traffic egress options: Cars can exit onto Rangeline, circle back via 11th, or use the alley to 10th Street.
    • Frost Avenue construction: Would be built to city standards (asphalt or concrete per spec), though staff noted concrete curb and gutter are required.
    • Concern about asphalt durability under heavy truck turning: Applicant offered to discuss material solutions with staff.
    • Clarification that the truck route goes through the drive-thru area but will not conflict with customer cars due to stacking capacity.
    • The easement is on private property but recorded for public use in perpetuity.
    • No traffic study was conducted regarding impacts on East Moreland Elementary School, but the C3 zoning permits high traffic use.
    • Petitions of protest were received from Norman Kramer, Gary Williams, and Martha and Jerry Pope; staff noted protest percentages do not apply to alley vacations.
    • Applicant stated that Frost Avenue could be improved at any time by the city or a private developer without neighbor consent.
    • Mr. DiCarlo responded to opposition: Rollover curbs are designed for semi-trucks and are standard at truck stops; Mrs. Pope's driveway access would remain via Frost Avenue; and factual evidence from engineers supports the plan.
  • Later, Mr. Williams returned to dispute Mr. DiCarlo's recollection of a conversation about extending Frost Avenue to 10th Street, stating that Mr. DiCarlo raised the cost (approximately $175,000) and offered to pay $50,000, not the other way around.
  • Motion to approve case 029-24 was made by Dr. Rosenberg, seconded by Mr. Landis. All voted in favor (though a brief confusion occurred—motion carried).

Key Outcomes

• Case 028-24: Approved unanimously. The property at 630 South Porter Avenue will be rezoned from C1 to R2.
• Case 029-24: Approved unanimously. The alley right-of-way at 1036 South Rangeline will be vacated, subject to the conditions and site plan presented, including the recorded easement, rollover curbs, and continued access for Mr. Kramer's trucks.
• Both cases are scheduled to be presented to city council on September 16, 2024, and October 7, 2024.
• The meeting adjourned after a motion by Ms. Warren, seconded by Mr. Spruce.