Planning Commission

Planning Commission Minutes November 18, 2024 The City of Yukon Planning Commission held a Meeting on November 18, 2024 at 7:00 p.m. in the Centennial Building at 12 South 5th St. ROLL CALL: (Present) Jarrid Wright, Chairman Jeff Geis, Vice-Chairman Lee Clark, Commissioner Steven Jones, Commissioner Craig Nuckols, Commissioner (Absent) None OTHERS PRESENT: Jessica Bloye, City Planner with J&A Danielle O’Neal, Assistant Planning Director Mitchell Hort, Asst. City Manager & Dev Serv Director Roger Rinehart, City Attorney INVOCATION: Vice-Chairman Geis FLAG SALUTE: Chairman Wright 1.ITEM: APPROVAL OF MINUTES OF THE OCTOBER 14, 2024 MEETING Motion: Motion to approve October minutes made by Vice-Chairman Geis Seconded by: Commissioner Clark The Vote: Ayes: Nuckols, Jones, Geis, Clark, Wright Nays: none Vote: 5-0 Motion Carried PLANNING COMMISSION MINUTES Page | 1 2.ITEM: VISITORS 3. ITEM: PC2024-25 TO HEAR A REQUEST BY IPREMIER HOMES, LLC ON BEHALF OF VANHOUTAN PROPERTIES, LLC. FOR A SPECIAL USE PERMIT FOR A SHORT-TERM RENTAL AT 106 COTTONWOOD DR. Discussion: Amy Lou spoke about the project and the type of clientele that they usually rent to, which includes more corporate housing clientele such as travelling nurses, construction crews and those that have been displaced from their homes for whatever reason. Chairman Wright asked if there was a minimum night stay for this property. The applicant stated that on the weekdays it is a minimum of one night and on the weekends, there is a minimum of two nights. The applicant also stated that they do have quiet hours already in place from 10 pm to 8 am. It was further stated that they are and will remain in compliance with city ordinances. Chairman Wright asked if there were any feedback from the neighbors. Danielle O’Neal stated that there was no feedback received. Mike Burris stated that this property is close to Spanish Cove and was concerned about the potential for light pollution to Spanish Cove. Further discussion was held regarding the light pollution concern. Mr. Burris asked if Spanish Cove was even notified regarding this item. Danielle O’Neal stated that anything within 600 feet of the property should have received notice. Mr. Burris expressed his concern about having a short-term rental next to a senior living facility. Vice-Chairman Geis asked the applicant if they were anticipating placing any further lighting at the house. The applicant responded with a no. She further explained the way the house is oriented; they would need an extremely large spotlight to be able to spot it on Spanish Cove. Chairman Wright asked for clarification regarding the recommendation within the staff report. Danielle O’Neal explained that there were three options that the Planning Commission could take, recommendation of approval, deferral or denial. Further discussion was held regarding what deferring an item means. Roger Rhinehart asked if there was anything incomplete with this application that would be needed for deferment. Danielle O’Neal explained that there was no further information needed, and the application is complete. Motion: Vice-Chairman Geis made the following motion: “I make a recommendation to approve the Special Use Permit for the subject property and the conditions outlined in the City Code and in the staff report above.” PLANNING COMMISSION MINUTES Page | 2  Seconded by: Chairman Wright The Vote: Ayes: Nuckols, Jones, Geis, Clark, Wright Nays: none Vote: 5-0 Motion Carried 4.ITEM: PC2024-26 TO HEAR A REQUEST BY A REAL HOME AWAY ON BEHALF OF THOMAS & PAMELA GROEBNER FOR A SPECIAL USE PERMIT FOR A SHORT- TERM RENTAL AT 4513 BLACK MESA Discussion: Kade Burleson spoke briefly about the project. Vice-Chairman Geis asked if the applicant and owners were aware of the covenants and restrictions as well as any HOA (Homeowners Assoc.) rules. The applicant stated that they were not aware of any type of covenants, restrictions or HOA rules regarding short-term rentals. Commissioner Nuckols asked for clarification if the applicant had read the HOA rules, but did not think they applied to this application. The applicant stated that was correct. Commissioner Nuckols asked if a particular section of the HOA rules about a business applied to this application and if a short-term rental would be considered a business. Roger Rhinehart stated in the sense that they are conducting business at the site, then yes, a short-term rental would be considered a business. He further stated that the covenants and restrictions are not something that the City can or does enforce. Further discussion was held. Commissioner Clark stated that he wishes to see more of our covenants and restrictions updated since many have been copied and pasted for a long length of time, explaining that business is different now then what it used to be. Shelly Jones spoke in opposition to the request, explaining that the HOA rules as well as the covenants and restrictions are in place and valid for this property. It is meant to be a home-owned neighborhood. Mike Burris expressed concern that this could impact the neighborhood in the future since it is still being built out. He also expressed concern regarding lighting. Luis Rakoczy spoke in opposition to the request, explaining that it did appear this was operating as a rental already. He further expressed concern regarding the safety and security within the neighborhood. PLANNING COMMISSION MINUTES Page | 3  Kim Hartman spoke in opposition to the request and agreed with previous statements that were made. She asked how the fines and enforcement worked for the short-term rental ordinance. Danielle O’Neal explained that Code Enforcement and the Police Department work together for any potential violations. Ms. Hartman asked how that was done. Danielle O’Neal explained that they are typically complaint driven, where the neighbors will call in a complaint and staff will investigate it. Ms. Hartman explained that the covenants do prevent businesses from being conducted on the premise, and she believes that a short-term rental would be considered a business, since there are taxes that are being paid. Short-term rentals are also required to obtain a license from the city as well. Vice-Chairman Geis explained that while the city could not enforce the covenants and restrictions or HOA rules, he knows those are a contract between the buyers and the rest of the HOA. Mr. Geis explained the hesitation he has in approving in these types of situations being that the residents would have to spend their time and money in District Court fighting this type of situation. The Planning Commissions job, as he sees it, is to protect the interest and betterment of the city as well as the citizens. For him, he could not see making a decision that could force citizens to go spend their money and time on something that could or could not be enforced. Commissioner Jones stated he supported what Vice-Chairman Geis stated. Further discussion was held regarding the difference between short-term and long-term rentals. The short-term rental does require additional permits from the city. Mr. Burleson explained that this property has been operating as a mid-to- long-term rental property. There is not a desire to operate solely as a short- term rental but want that as an option should they not be able to have any mid- or long-term tenants. Chairman Wright asked if the applicant is in compliance with all other requirements for this permit request. Danielle O’Neal explained they have complied with all requirements thus far for this request. The last piece should this be approved by the City Council would be obtaining the Short-Term Rental License. Mike Burris explained that we need to protect our people and not those with short-term rentals. Shelly Jones reiterated that we need to protect the people that live in our town not those who are out of state and coming here to rent properties around the homeowners. Commissioner Clark clarified with the applicant that if they are not approved for a short-term rental then they would still be renting this property as a mid- or long-term rental property and could wind up right back where this started. Commissioner Jones stated that the mid- to long-term rental issue would fall back on the HOA to handle and enforce. PLANNING COMMISSION MINUTES Page | 4  Motion: Commissioner Jones made the motion to decline due to the terms and conditions of the HOA: Seconded by: Commissioner Nuckols The Vote: Ayes: Nuckols, Jones, Geis, Clark, Wright Nays: none Vote: 5-0 Motion Carried 5.ITEM: PC2024-27 TO HEAR A REQUEST BY CPI PIPE & STEEL INC. FOR A PLANNED UNIT DEVELOPMENT AT 16544 W. HIGHWAY 66. Discussion: George Marquez spoke representing the applicant for this request. Commissioner Clark stated that it appears they are already there and have business there and asked if they are looking to expand. Mr. Marquez explained that there would be a new structure erected on the property and that the main reason for the PUD request was to allow gravel areas for laydown yards, roads and driveways on the property. Chairman Wright asked if there will be access to the new property. Dale Dorsey explained that all the property is owned by the same owner and that all access would be off of Gregory Road. Chairman Wright asked if the applicant would try to sweet talk the state into redoing Gregory Rd. and the applicant explained they already asked and was turned down by the state. Commissioner Clark asked if this would be a good time to talk about the potential for a paved surface off of Rt. 66 as a response to the requests of the neighbors in the area. Mr. Dorsey explained that he read the letter that was sent in, and believes they were referring to another property they are developing that is in the unincorporated area and not this particular development. He further explained that once the development is completed there will be asphalt millings. Mr. Dorsey explained that the letter also mentions a request for a turning lane, and he has spoken to DOT about an additional crossover in the past and they said they would not be doing that given the location of the other crossovers in the area. Commissioner Jones asked about how they were going to be lighting the property. George Marquez explained they would be using lighting in such a way that there would not be any spillover into the neighboring properties. PLANNING COMMISSION MINUTES Page | 5  Motion: Commissioner Clark made the following motion: “In the case of the I-2 PUD application by Civil & Environmental Consultants, Inc. on behalf of CPI Pipe & Steel, Inc., we have read the staff report and received testimony at the public hearing. We find ourselves in agreement with the staff findings cited in the Staff Report. I move that this item be recommended for approval.” Seconded by: Commissioner Nuckols The Vote: Ayes: Nuckols, Jones, Geis, Clark, Wright Nays: none Vote: 5-0 Motion Carried 6.ITEM: PC2024-28 TO HEAR A REQUEST BY CPI PIPE & STEEL INC. FOR A PRELIMINARY PLAT AT 16544 W. HIGHWAY 66. Discussion: George Marquez explained the property is unplatted and the owner wishes to subdivide the property into lots. No questions were asked by the Commissioners. Motion: Vice-Chairman Geis made the following motion: “In the case of the preliminary plat application by Civil & Environmental Consultants, Inc. on behalf of CPI Pipe & Steel, Inc., we have read the staff report and received testimony at the public hearing. We find ourselves in agreement with the staff findings cited in the Staff Report. I move that this item be recommended for approval.” Seconded by: Commissioner Jones The Vote: Ayes: Nuckols, Jones, Geis, Clark, Wright Nays: none Vote: 5-0 Motion Carried 7. ITEM NEW BUSINESS – None. PLANNING COMMISSION MINUTES Page | 6 8.ITEM: OPEN DISCUSSION – Commissioner Nuckols appreciated those who came out to show concern and/or support for the items on the agenda this evening. Chairman Wright reminded everyone that Christmas in the Park is about to start this Saturday. He also thanked the new City Manager for attending the meeting. 9.ITEM: ADJOURNMENT – NEXT MEETING DECEMBER 9, 2024 PLANNING COMMISSION MINUTES Page | 7