Planning and Zoning Commission

CITY OF DACONO PLANNING COMMISSION MEETING MINUTES Tuesday, March 26, 2023 Members present: Kevin Plain, Chairperson Stan Owens Andrew Martinez Shelly Kettering Members absent: Joseph Westbrook, excused Mitchell Rogers, excused Don Clark, excused Jennifer Krieger, Community Development Director Staff present: Mark Doering, Community Development Senior Planner Donna Case, Community Development Technician Melinda Culley, City Attorney GENERAL BUSINESS Member Owens made a motion to approve the minutes of the February 13, Planning Commission Meeting. The vote was Ayes: Martinez, Owens, & Plain. Member Kettering abstained. Chairperson Plain opened the public hearing. Public Hearing and Consideration of Proposed Amendments to Chapter 16 of the Dacono Municipal Code regarding mobile food trucks and pushcarts. (Hearing Vacated) Public Hearing and Consideration of PC 24-03, a Resolution Recommending Approval of Proposed Amendments to Chapter 16 of the Dacono Municipal Code to expand accessory dwelling units (“ADUs”) as permitted uses to all residential zone districts and enacting requirements and regulations for the same. Chairperson Plain asked Commission Members if they had any ex-parte communication: Member Martinez, no, Member Kettering, no, Member Owens, no, and Chairperson Plain stated he did not. Mark Doering, Community Development Senior Planner, presented his report and was available for questions. Member Martinez asked about the power and gas utilities, and Mark stated and the utility companies would be the ones to make that call. Chairperson Plain asked about the restrictions on the new ADU’s. Mark stated that it would apply to any new ADU’s not the existing ones. Kevin wanted to know the benefit of an illegal ADU. Mark stated that it exists legally, and with the certificate of exemption Mark stated the benefit would be the Page 1 of 3 homeowner would be able to market and sell his house and the ADU. The City is just trying to give them legal status. Member Owens asked about the rental of an ADU rental. Mark stated that the owner of the property had to live on the property. Stan also asked about the ADU’s over the garage and wanted to know if there is special construction for that, Mark stated that there are things that would have to be considered. Member Kettering asked how the City will track the 30 day plus rentals. Mark stated the City is not going to do that. As part of the certificate of exemption we would like to have the building official go out and do an inspection. Then give the owner time to make the corrections. Member Owens asked about the little house on 7th & Cherry that belonged to the Baptist church, and if it would be an accessory residence. Mark stated that it wouldn’t necessarily be considered an ADU, but more like a rectory, or residence for the church and accessory use to the church. Member Kettering asked about insurance requirements and Mark stated that the City wasn’t going to regulate it. It is between the property owner and their insurance company. With no further public comment, Chairperson Plain closed the public hearing. Member Kettering made a motion to approve the PC Resolution 24-03, a Resolution Recommending Approval of the Proposed Amendments to Chapter 16 of the Dacono Municipal Code to expand accessory dwelling units (“ADUs”) as permitted uses to all residential zone districts and enacting requirements and regulations for the same. The vote was unanimous and Chairperson Plain declared the motion carried. Chairperson Plain opened the Public Hearing. Public Hearing and Consideration of PC 24-04, a Resolution Recommending Approval of Proposed Amendments to Chapter 16 of the Dacono Municipal Code to adopt design standards for residential development in the City. Mark Doering, Community Development Senior Planner, presented his report and was available for questions. Chairperson Plain asked if the updates had been made yet, and Mark stated no they hadn’t. It is a new article. The regulations do provide an emphasis on the front façade. Member Owens asked how much harder it will be for developers to come in and actually meet these standards of variances. Mark stated that the goal is not to have variances. Each home builder will have options. Member Martinez asked if this would just be subjected to new housing? Are there any design standards for remodeling. Mark stated that the rules won’t apply to remodeling, but if you are going to scrape your house then it would. With no further public comment, Chairperson Plain closed the public hearing. Page 2 of 3  Member Kettering made a motion to approve. PC 24-04, a Resolution Recommending Approval of Proposed Amendments to Chapter 16 of the Dacono Municipal Code to adopt design standards for residential development in the City. The vote was unanimous and Chairperson Plain declared the motion carried. Commissioner Reports: None. Staff Reports: Mark stated that there isn’t a public hearing scheduled for the next meeting. With no further business, the meeting adjourned at 7: 06 p.m. Approved this 14th day of May 2024. Page 3 of 3