Approved Planning & Zoning
Commission Hearing Minutes
The Dallas County Planning and Zoning Commission was called to order on Tuesday, August 17th, 2021 at 5:00 P.M., in the Dallas County Board of Supervisors Conference Room, located at 902 Court St, Adel, by Chairperson Richard Beechum. Members Cathy Erickson, Amanda McDivitt, and Mark Thompson were present. Members Sherry James, John Brummett and Michael Hegarty were absent. Murray McConnell, Director; Samuel Larson, Principal Planner; and Elizabeth Kilson, Planner, were also in attendance.
Approve Agenda:
Motion by M. Thompson to approve the agenda. Seconded by C. Erickson. Ayes unanimous. Motion carried.
Approve Minutes of the last meeting of May 18, 2021:
Motion by A. McDivitt to approve the minutes of the last meeting. Seconded by C. Erickson. Ayes unanimous. Motion carried.
Old Business: none
New Business:
Item 1: A petition to consider approval of a rezone of Parcel 0815200013, Marie’s Meadow Lot 1, 20033 W Ave, from A-1 (Agricultural) to RE-1 (Suburban Estate) located in the NE1/4 of the NE1/4 of Section 15, T80N, R26W (Grant Township) for Jeremy Lowery.
Petitioner to Speak
J. Lowery introduced himself, stating that there was a separation taking place and the house is going to be sold, his goal was to rezone the property to split the almost 9 acres into 2 parcels, so that he can build a house in the future to stay in the neighborhood.
Public Comment
R. Beechum asked for public comment. None spoke
Staff and Commission Discussion
S. Larson stated Staff was opposed to the rezone petition (See attached Staff Report) for several reasons. This meets the definition of Spot Zoning, is inconsistent with the comprehensive plan, inconsistent with past approval of the original development and covenants of Marie’s Meadows, and the County Engineer stated they can’t see a new entrance being approved.
C. Erickson asked if the Commission has overridden covenants in the past
S. Larson stated that the County usually does not get involved in covenants, but the covenant was placed at the request of the county at the time it was approved (see attached minutes)
J. Lowery asked the Commission that if he received neighborhood approval, could they overlook that covenant. He asked how this was spot zoning, referenced El-Ray Replat to the northeast.
S. Larson stated that the El-Ray rezone/subdivision was done approximately 20 years ago.
R. Beechum stated he would like to see the lot kept the way it is, he cannot see any leeway.
No further discussion between commission members
Motion by M. Thompson to reject proposal of the rezone, due to Staff report and the varying items listed in it, of Parcel 0815200013, Marie’s Meadow Lot 1, 20033 W Ave, from A-1 (Agricultural) to RE-1 (Suburban Estate) located in the NE1/4 of the NE1/4 of Section 15, T80N, R26W (Grant Township) for Jeremy Lowery. Seconded by A. McDivitt. All Ayes. Motion carries.
Item 2: A petition to consider approval of a rezone of Parcel 0831300008, 28143 240th St, from A-1 (Agricultural) to I-1 (Light Industrial) located in the SW1/4 of the SW1/4 of Section 31, T80N, R26W (Grant Township) for Knoll Brothers Enterprises LLC (Benjamin L. Rouse).
Petitioner to Speak
Ben Rouse introduced himself as the attorney for the Knoll Brothers, stated that Dan Knoll (part owner of Knoll Brothers Enterprises) is also in attendance. July 1st the company purchased Rinehart Excavating business and land, approximately a 5 acre parcel east of Dallas Center. They plan to continue operating the excavating business as it has been for the past 20 years. In 2000 Rinehart received a Conditional Use Permit to allow them to operate the business, and their client was advised to rezone the property to continue operating as is.
Public Comment
R. Beechum asked for public comment. None spoke
Staff and Commission Discussion:
M. McConnell stated that the CUP at that time (early 2000’s) was approved by the Board of Supervisors. Unrelated to this petition, it was found by the district courts that Dallas County needed to change their process for CUP approvals to go through the Board of Adjustment. Over the years, CUP’s that were approved by the Supervisors either stopped their use, and this is one of the few remaining. With the change of ownership, it was advised to rezone the property to I-1 Light Industrial, as the use is more consistent with that zoning district, over a CUP. The property has been well maintained, the office has not been made aware of any complaints about the current useLarson showed the Commission pictures of the property, taken on 08/17/2021 by S. Larson during a site visit.
No additional questions by Commission
Motion by C. Erickson to recommend approval of a rezone of Parcel 0831300008, 28143 240th St, from A-1 (Agricultural) to I-1 (Light Industrial) located in the SW1/4 of the SW1/4 of Section 31, T80N, R26W (Grant Township) for Knoll Brothers Enterprises LLC (Benjamin L. Rouse). Seconded by M. Thompson. All Ayes. Motion carries.
Any other matters not on the Agenda to come before the Commission?
none
Motion by A. McDivitt to adjourn meeting. Seconded by M. Thompson. Ayes unanimous.
Meeting adjourned.
An audio recording of this meeting is available upon request from the Dallas County Department of Planning & Development.
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