Planning commission recommends code changes, approves fireworks stand

The planning commission unanimously approved a conditional use permit for a fireworks stand on McNelly Road and recommended city council approval for amendments to the city’s regulations for incidental plat approvals and civic use units during its regular meeting Monday, April 9.

The proposed change to regulations for incidental plat approval would delegate the final approval of incidental subdivisions from the city council to the planning commission. Incidental subdivisions include lot splits, minor subdivisions, property lines adjustments and corrections plats. Currently, the planning commission looks at these but easements and rightof-ways are approved by ordinance, meaning they must go before the city council.

Community development services director Chris Suneson explained that this move would reduce the load on city council — which had 43 of these items on its agenda last year — and help move applicants through the process more quickly. As is, he said, applicants are losing two weeks between the planning commission and city council meetings.

“This would be the last stop for the applicant,” he explained.

Updates to the city’s use units were also given the commission’s stamp of approval. Ordinance 2017-16 was passed last year, introducing use units as a concept, Suneson explained, and the units determine what kind of uses and

facilities will be allowed within a district.

After city staff looked more closely at these use units, he said, some inconsistencies became apparent. The proposed amendment will address that, he said.

The proposal would allow use units in an I-1 Industrial district and in an I-2 district. It doesn’t make much sense to bar the less intense uses from a heavier industrial district,

he said. It will also allow less intense use, like parks and recreational clubs in P-1 open space districts, allow parks in all districts and expand the availability educational and safety service use units.

“I can tell you parks can go just about anywhere and improve property values,” Suneson said.

Another important change in this proposal, he said, is uniformity between the public assembly and religious assembly uses across all zoning districts.

“It is imperative because of our first amendment rights that we treat both of those rights equally,”

he said.

The two proposals will go to the city council with planning commission approval. The first reading will be at the council’s regular meeting Monday, April 23.

The commission also granted approval to a conditional use permit for a fireworks stand on McNelly Road.

“In summary, the applicant … proposes to run a temporary fireworks stand,” Suneson said.

The proposed stand, he said, will be open from 8 a.m. to 10 p.m. June 22 through July 5 off McNelly Road on the same lot as

Wishing Spring Gallery. The applicant also requested extended hours from 7 a.m. to midnight July 2-4.

The fire marshal has not had any issues with this applicant, Suneson said, and there are no residents particularly close to the stand. There’s no expected impact, he said, aside from the lighting.

“They’re not really going to be bothering anyone,” he said.

The commission approved it with the condition that an electrician acquires a permit for temporary power on-site and the hours of operation are limited.