Pella Chronicle

Local News

August 29, 2012

Council approves pair of first readings

Adel — Following a pair of public hearings, the Pella City Council approved two separate first readings of ordinances during last week's regular meeting.

The first was in regards to a  Zoning Ordinance Amendment for Personal Improvement Services Uses in the Central Business District.

Westmel LLC has purchased the former Brom Auto properties at 819, 819 Vz and 819A Broadway Street. These include the main building in which Brom Auto was formerly located along with a secondary building along the opposite side of the alley to the rear from which Brom Auto previously sold used cars. The main building on Broadway Street is being remodeled to include 51% of the square footage up front for retail (to be named) which the remaining 49% of the square footage in the rear of the building for lease to Anytime Fitness. The secondary building is proposed to be used 100% for Anytime Fitness as an annex.Anytime Fitness, as a physical fitness studio, falls under the definition of Personal Improvement Services under the Zoning Ordinance, hi 2004, City Council adopted an ordinance (Ordinance 655) which permits Personal Improvement Services uses in the Central Business District (CBD) District provided they are located, gain access and present any signage from the rear of the building in which they are located. Overall use of the building shall consist of greater than fifty-one percent retail in terms of building square footage with the retail use being located in the front of the building. The intent of the ordinance was to allow flexibility as far as permitted uses in the CBD while still emphasizing retail use.At the Policy and Planning meeting on July 3, 2012, the City Council considered two requests from Westmel LLC pertaining to personal improvement services uses in the Central Business District. At the conclusion of the meeting, staff was directed to prepare this ordinance amendment that accomplishes the following purposes:

1) Allows signage for personal improvement services in the front of a main building.

2) If a building has alley frontage only, then 100% of the building can be used as a Personal Improvement Service business.

The Community Development Committee considered the ordinance as it pertains to the signage component at their July 11, 2012 meeting and recommended approval. The Planning and Zoning Commission considered the ordinance at their July 23, 2012 meeting and unanimously approved the ordinance 7 to 0.

The second ordinance dealt with a Zoning Ordinance Amendment for Accessory Structures.

This ordinance amends the front yard placement requirements for residential accessory structures. Recently, there was a variance hearing by the Board of Adjustment concerning an accessory structure for a property in the Marion County extraterritorial zoning jurisdiction. The Board agreed that an ordinance amendment would help clarify and avoid confusion in the future.The main points of the ordinance included:

1) No accessory building may be located between the front building line of the principal building and the front property line.

2) The accessory structure placement requirements are the same regardless of whether a street is public or private.

3) For any parcel which does not have direct frontage on a public or private street but which is a legally buildable lot, the front lot line shall be the lot line closest to the nearest public or private street location. The Planning and Zoning Commission unanimously approved the ordinance at their July 23, 2012 meeting.

In other action, the council approved a resolution  Proposing Disposal of an Interest in Real Property Pertaining to Larry Lautenbach and Private Housing Co. Right-of-Way Vacation Requests.

This resolution establishes September 4, 2012 as the public hearing date to consider the sale of public right-of-way (ROW) to Lautenbach Development, Inc., Lautenbach LC, and Private Housing Co. The ROW was vacated by City Council on August 7, 2012 and includes the full 180 foot remaining alley behind 309, 313, and 317 Oskaloosa Street.

According to City policy, vacant ROW is first offered for sale to the abutting property owners at a rate of $0.50 per square foot. In this particular case, there are four abutting property owners - Private Housing Co. (309 Oskaloosa Street), Shawn & Hillary Vande Kieft (119 Prairie Street), Lautenbach LC (313 and 317 Oskaloosa Street), and Lautenbach Development me. (112 Carson Street).

The Vande Kiefts have not expressed any interest in purchase to date after phone and letter contacts. The only entities that are interested and would purchase if approved are as follows:

-Lautenbach LC (9' of alley adj acent 313 and 317 Oskaloosa Street)

-Lautenbach Development Inc.(6' of alley adjacent 112 Carson Street opposite 313/317 and half of alley opposite 309 Oskaloosa Street)

-Private Housing Co. (alley half adjacent 309 Oskaloosa Street and half adjacent 119 Prairie Street)

The public hearing date is set for September 4, 2012 to consider the sale of vacant ROW. The proposed sale to Lautenbach Development Inc., Lautenbach LC, and Private Housing Co. at $0.50 square feet would amount to $1,350.00 for the total sum of three purchases.

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