The meeting of the Primghar Planning and Zoning Commission was called to order at 6:00 P.M. in Council Chambers on August 7, 2002 by Chairman Darrel De Boom.

Roll call was answered by Lee Cooper, Darrell DeBoom, Von Kilts, Tom Raymond, and Rick Richter.

A request by Lee Cooper to include viewing of the First National Bank building located in the southwest corner of the intersection of South Hayes Avenue and First Street SE was requested from the Chair. Motion by Rich Richter, seconded by Lee Cooper, to amend the August 7th Agenda to include viewing of the First National Bank building located in the southwest corner of South Hayes Avenue and First Street SE. Motion was approved unanimously. Motion to approve the revised Agenda was made by Rich Richter, seconded by Lee Cooper. Motion passed unanimously.

Motion offered by Tom Raymond, seconded by Rich Richter, to approve the July 22nd Commission Minutes. Motion passed unanimously.

The Commission members thereupon adjourned the Commission meeting to view

the former First National Bank Building. A viewing of the structural deficiencies and concern of potential separation of the east face wall and north wall were discussed. The possibility of falling brick on the general public and liability from the dangerous condition of the sidewalk were discussed. The City Administrator will identify property owners to determine their interest in improving the deteriorated condition

of the deteriorating property.

Upon reassembling in the Council Chambers, the Commissioners discussed expansion of land use classifications for two (2) to nine (9) land use classifications. The new zoning ordinance will increase the city's two (2) land use classifications now identified as A and B; to be Agricultural (A-1), Flood Plain (FP); Residential-1 (R-1), Residential-2 (R-2), Residential-3, (R-3), Commercial (C-1), Light Manufacturing (LM) and Heavy Manufacturing (HM) and HI-Tech Industrial Park (HTP)

The City Administrator was questioned on the necessity of a flood plain designation in the City of Primghar. The City Administrator indicated the necessity of flood insurance and the City's legal responsibility in approving building permits required identification of flood plain areas as identified by the U.S. Corp of Engineers. Upon further discussion, the Commissioners identified several areas subject to flooding in the City. It was universally agreed to include a flood plain (FP) land use designation in the Zoning Ordinance.

The potential for setting aside land for a Mobile Home Trailer Park was discussed. An observation offered by Von Kilts, led to a motion by Lee Cooper, seconded by Von Kilts, that all mobile trailer home parks be owned and operated by the City. Motion passed.

After further discussion, a motion was offered by Lee Cooper, seconded by Von Kilts, to utilize the Kingsley Zoning Ordinance structure in developing the Primghar Zoning Ordinance structure. Motion passed unanimously.

Motion by Von Kilts, seconded by Rick Rickter, to remain with current set-back standards as found in the Primghar Zoning Ordinance. Motion passed unanimously.

The Planning and Zoning Commissioners viewed the City's current zoning map and districts. The Commissioners requested the City Administrator replace the existing zoning map with a framed map easily accessible by the public.

Chairman Darell DeBoom accepted a motion offered by Rick Richter, seconded by Tom Raymond, to attend the Iowa State University Extension to Communities workshop entitled Planning & Zoning Workshop for Local Officials. The workshop will be presented by ISU Professor, Dr. Stu Huntington, in conjunction with Siouxland Metropolitan Planning Council (SIMPCO) to be held at the Cherokee WITCC campus on September 5th.

Motion by Rick Richter, seconded by Von Kilts to adjourn.

Chairman De Boom adjourned the August 7th Planning and Zoning Commission meeting at 7:30 P.M.

Respectfully submitted, David D. Phipps

Secretary to Planning and Zoning Commission

SEPTEMBER Meetings

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SEPTEMBER, 2002, MINUTES

Commission Minutes September 26, 2002

Chairman Darrell DeBoom called the September 26th, 2002 Planning and Zoning Commission to order at 6:30 PM. in the City Council Chambers. Present were Lee Cooper, Von Kilts, and Tom Raymond. Absent was Rich Richter.

Tom Raymond moved to approve the September 26th Agenda as presented. The motion was seconded by Lee Cooper. Motion passed.

Lee Cooper moved to approve the August 7th, 2002 Minutes. The motion was seconded by Tom Raymond. Motion passed.

Chairman DeBoom requested the Commissioners to view a video tape from Iowa State University Extension entitled "Why Plan" and "The Role and Responsibilities of the Planning Commission".

After viewing the video tape, the Commissioners began discussing the four (4) 1996 annexed areas of the city and appropriate land use classifications. Consideration of existing land use and compatibility with future land uses were discussed. In most annexed areas, residential zones exist and the consensus was to protect residential zoned areas. The height and proximity of the railroad trestle to adjoining agricultural land was discussed. The Commissioners discussed requesting IDOT Planners include removing the Highway 59 railroad trestle project to the five (5) year IDOT Construction program. No action was taken.

The Commissioners also discussed a drainage tile located east of Pro Go and its potential hazard to elderly and adolescents living in the area. The drainage tile begins north of First Street NE crosses a platted road (not developed) and continues south of County Heritage Museum to County Road B-40. Discussion of requesting NWITCC Heavy Equipment students to grade and develop South Heritage Park Road from the intersection of First Street NE and Heritage Road to County Road B-40 was tabled.

The Commissioners also reviewed the new corporate limit maps and identified various properties and corresponding land uses. The Planning and Zoning Secretary was directed to acquire a large aerial photograph for ease in identifying city properties and comparing them with the new corporate limit maps.

Several Commissioners spoke from general knowledge of individuals currently building structures in residential zoned areas and asked, "Who has issued Building Permits to those individuals?" In discussing issuance of building permits, the Commission agreed to recommend to the City Council appointment of a Building Inspector/Zoning Administrator to issue building permits, make recommendation of requested zoning changes and provide enforcement of the zoning ordinance.

The Commissioners indicated they were satisfied with the preliminary identification of land uses and zoning classifications.

Motion by Von Kilts, seconded by Lee Cooper, to classify properties as being used, subject to refinement within the zoning classifications. Motion passed.

Motion by Tom Raymond, seconded by Von Kilts, to classify all lands annexed during 1996, as A-1 (Agricultural). Motion passed.

Motion by Lee Cooper, seconded by Von Kilts, to specifically classify all land identified within the NE ¼, SW ¼ and SE ¼, SW ¼, Section 31, Corporation Limits of Primghar, less the Randolph Estates, as A-1 (Agriculture). Motion passed.

Motion by Lee Cooper, seconded by Von Kilts, to specifically classify all land identified within the Randolph Estates Addition, platted as S ½ of Block 19, be classified as R-1 (Single Family Residential). Motion passed.

Motion by Von Kilts, seconded by Lee Cooper, to specifically classify all land identified within the Randolph Estates Addition, platted as N ½ of Block 19, as R-2 (Mixed Residential). Motion passed.

Motion by Tom Raymond, seconded by Lee Cooper, to classify all lands within the corporate limits of the City of Primghar, Center Township, Section 31, identified as the NW ¼, SE ¼; the NE ¼, SE ¼; the SW ¼, SE ¼ and SE ¼, SE ¼ (Golf Course), as A-1 (Agriculture). Motion passed.

Questions concerning zoning classification of Heritage Park Area and land located west of the NE ¼, SW ¼ of Section 31, Center Township, north of Randolph Estate Addition and east of North Heritage Park Road, were unanswered. The Secretary will research appropriate zoning classification before the next commission meeting.

Motion by Von Kilts, seconded by Lee Cooper, to specifically classify an area annexed

west of South Hayes Avenue, as R-1 (Single Family Residential). Motion passed.

Chairman DeBoom asked if there was a regular time for the Commissioners to meet in developing the City Zoning Ordinance. After some consideration, a motion by Lee Cooper, seconded by Von Kilts, to meet the second (2nd) and fourth (4th) Wednesday evenings at 6:00 P.M. The motion passed unanimously. The next Commission meeting will be October 9th.

Motion by Von Kilts, seconded by Tom Raymond, to adjourn. Motion was approved. The September 26th Zoning Commission meeting was adjourned at 9:30 PM.

Respectfully submitted, David D. Phipps Secretary to the Planning and Zoning Commission

OCTOBER Meetings

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OCTOBER, 2002, MINUTES

Commission Minutes October 9, 2002

Chairman Darrell DeBoom called the October 9th, 2002 Planning and Zoning Commission to order at 6:00 PM. in the City Council Chambers. Present were Darrell DeBoom, Lee Cooper, Von Kilts, Tom Raymond, and Rich Richter.

Lee Cooper moved to approve the October 9th Agenda as presented. The motion was seconded by Tom Raymond. Motion passed.

Rick Rickter moved to approve the September 26th Commission Minutes. The motion was seconded by Lee Cooper. Motion passed.

Chairman DeBoom moved to the first item on the agenda; zoning classification of the Heritage Park Area. After discussion of the various options, including Open Space, Historic Preservation and City Park land use classifications and permitted uses of each classification, the Commission agreed to discuss the issue with the Heritage Park Board before acting on the issue.

A second unresolved issue of a platted street located immediately east of Randy's 66 and ending at Heritage Park Road was tabled until further documentation was available. Lee Cooper volunteered to research the status of First Street SE for the next meeting.

Questions concerning the Randolph Estate Addition's covenants and the role of city zoning were discussed. The Secretary to the Board indicated the enforcement of the covenants was the responsibility of Primghar Advancement Corporation, a private developer. The City would enforce zoning regulations including district characteristics and set back distances. Should the Commission desire to prepare a Subdivision Ordinance regulating street width, placement and dimension of sewer and water infrastructure, etc, the City would enforce the Subdivision Regulations as well, but not private covenants found in the Randolp Estate Addition abstracts. The Secretary to the Board was instructed to secure a copy of the Randolph Estate Addition covenants for future Commission review.

Lee Cooper reported on his review of the Primghar Zoning Ordinance definitions and recommended changes to two definitions. The Commission approved the recommended changes to Section 1.04.80 Lot of Record and Section 1.04.103 Structure.

The Commission renewed its discussion of authorized building permits and possible location of past building permits not found in City Hall. Chairman DeBoom requested the Secretary to the Board inquire of previous Building Inspectors the location of issued building permits and to locate all building permits in City Hall.

Chairman DeBoom also indicated the Zoning Commission would continue to support the Building Permit process in requiring City Council approval until a new process is drafted and approved by the Council.

A question was presented to the Commission regarding placement of mobile homes on vacant lots. An individual had inquired about locating an older trailer house on a vacant lot and was requesting information about the approval process. Tom Raymond responded that this will become a growing problem if the zoning ordinance does not prohibit older trailer houses being parked on vacant lots. Von Kilts responded that he thought he had read past Council Minutes where the City Council at regular intervals reviewed and approved the placement of mobile homes in the community. The Secretary to the Board will research the City Ordinances.

Motion by Tom Raymond, seconded by Rick Rickter, to adjourn the meeting. The motion passed unanimously. Chairman DeBoom adjourned the October 9th Commission meeting at 7:25 P.M.

Respectfully submitted, David D. Phipps Secretary to the Planning and Zoning Commission

Zoning Commission Minutes October 23, 2002

Chairman Darrel DeBoom called the October 23rd, 2003 Planning and Zoning Commission to order at 6:03 PM in the City Council Chambers. Present were Darrell DeBoom. Rick Richter, Lee Cooper, Von Kilts and Tom Raymond.

Chairman DeBoom requested consideration of an addition to the October 23rd Agenda changing the Commission meeting date from the second and fourth Wednesday evenings to the first and third Wednesdays evenings at 6:00 PM to permit a longer discussion and planning time without being restricted by a 7:30 PM meeting in the same room.

Motion by Rick Rickter to approve amendment to the October 23rd Agenda. The motion was seconded by Von Kilts. Motion passed.

Rick Rickter moved to approve the October 23rd Agenda, as amended. Motion to approve amended Agenda as presented was seconded by Von Kilts. Motion passed.

Motion presented by Tom Raymond to approve October 9th Commission Minutes as presented. The Motion was seconded by Rick Richter. Motion passed.

Chairman DeBoom called on Lee Cooper to report his findings regarding a platted street located immediately east of Randy's 66 and ending at Heritage Park Road. Mr. Cooper reported the County Auditor records indicate the platted street was vacated by the City Council many years ago. The vacated street is now held in possession by adjoining property owners.

Mr. Cooper also reported Heritage Park Road shown as platted from First St NE and Heritage Park Road to the south is vacated. Mr. Cooper also reported on a land trade between the Heritage Park Board and Golf Course Board of Directors regarding placement of Hole No. 9. The Zoning Commission has questioned if a road could be extended from Heritage Park Road, south along the west perimeter of Heritage Park to County Highway B-40. The Secretary to the Zoning Commission will contact Sundquist Engineering P.C. requesting a correction to the new city map.

Chairman Darrell DeBoom and Lee Cooper reported they had had conversations with several Heritage Park Board members, but had not resolved the classification issue. The Chairman tabled the issue until the next commission meeting when Heritage Park Board members would be invited to discuss with the Commissioners possible zoning classifications and benefits.

The Secretary to the Zoning Commission indicated he would be distributing a copy of the Randolph Estate Covenants to the Zoning Commissioners for their review. The city's interest is limited to proper zoning classification of the subdivision, not private covenants previously approved by landowners of the housing association.

Questions concerning variances and future limitations upon owners were raised. The Secretary to the Zoning Commission indicated all variances and zoning classifications remain with the property, not the property owner.

Discussion continued with the need for a part time Zoning Administrator/Building Inspector. Several Commissioners indicated a desire to locate the Zoning Administrator/Building Inspector's office in City Hall with all pertinent records in one location. The part time position would be compensated from building permit fees.

A motion was offered by Von Kilts, seconded by Lee Cooper, to request the City Council appoint a Zoning Official/Building Inspector for the purpose of issuing building permits, inspecting new construction, determining compliance with zoning ordinance, recommending action to the Zoning Commission and Board of Adjustment. The Chair ruled the motion passed unanimously.

A motion was presented by Tom Raymond, seconded by Von Kilts, to locate all building permits, zoning applications, Zoning Commission and Board of Adjustment Minutes in City Hall, and to be made available to the public during regular business hours. The Chair ruled the motion passed unanimously.

The Secretary to the Zoning Commission was instructed to prepare a letter to be sent to Brad Smith and Frank Davis regarding construction without first securing building permits.

After further discussion regarding land use classification of the Heritage Park and other historic buildings more than 50 years old, Lee Cooper moved to draft a Historic Preservation District for inclusion in the City Zoning Ordinance. The motion was seconded by Von Kilts. The Commissioners voted unanimously in favor of adding the classification to the Ordinance.

Chairman DeBoom requested the next zoning meeting include identification of historic preservation eligible sites and review of the Historic Preservation District classification draft.

Motion by Von Kilts, seconded by Rick Rickter, to adjourn the October 23rd Zoning Commission meeting at 7:32 PM. Motion passed.

Respectfully submitted, David D. Phipps Secretary to the Zoning Commission

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