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HomeMy WebLinkAbout01-04-2000 Planning Commission MinutesC �M The Planning & Zoning Commission meeting met Tuesday, January 4, 2000 at S:OOPM at the City Administration Building,161_ N. Section Street Present: Larry Green, Chairman; Pauline Anders, Bill Jones, Bob Gentle, Tim Kant, Thad Ingram, Lee Turner, Dick Charles, Christopher Baker, Director of Planning & Zoning and Betty Rivenbark, Secretary The minutes of the December 4, 1999 meeting were duly approved with one addition on motion by Dick Charles, 2"d by Thad Ingram and unanimously carried. ZC99-23 Public hearing re -zoning request of Craig Dyas from R3PGH-Patio Garden Homes to B-4 Business and Professional Office(located just north of Rock Creek and south of Montrose Woods fronting on US 98) Christopher related that this had come before the Planning & Zoning Commission in November and went to the Council with a tie vote and they have sent it back for further consideration. Craig is wanting to construct an office building where he is asking for the zoning change. Mr. Baker's recommendation was to deny as it is not in conformance with the comprehensive plan and he further noted he was aware of opposition from Montrose Woods residents. Larry Green asked if anyone was present to speak for this request. Craig Dyas spoke on his behalf, saying this is 210' X 250' rezoning request from R3pgh zoning that is there now. That he will be putting in 10 patio homes along the Montrose Woods side but office building would serve as a buffer. That it is B4 on the north side and Rock Creek on the south side. He recognizes that traffic is- the- issue ingress/egress.and truthfully he does not know how to solve it. He thinks that the traffic issue is the biggest problem. Larry Green asked him why when he asked for this zoning in 1996 why he wished to change it now, Craig said that 210 ft. is the only portion he is asking to change, that he did not have a definite plan in 1996. Craig said. we know him, know what kind of job he would do, that he would do it right. Mr. Green opened the floor for comments and a Frank Woodson spoke from Montrose Woods saying that two things concerned him. 1. The traffic issue and 2. "Pushing the envelope", getting this changed then coming back piecemeal, a little at a time. That.he is opposed. Pauline Anders asked Mr. Woodson what percentage of the property owners was he representing and he named 5 families out of 18 lots in the subdivision. Mr. Dyas was asked what type of building he proposed and he said he doesn't have a plan and what type of traffic he would be generating and he said if he built an office building,. 8AM-5PM workers.. When questioned, he could not say he would retain ownership. Mr. Dyas asked if there wasn't any reason this could be worked out, not give him a building permit until they resolve the traffic issue. A Peggy Chance spoke saying she is a Montrose Woods resident and that she would not like -to look -at -business building but traffic is also an issue. Further discussion led to a motion by Bill Jones to recommend denial of this request to the City Council. Thad Ingram 2"d the motion. Motion carried with the following vote: For motion - Green ,Jones, Anders, Charles, Kant, Ingram Against motion - Turner MI r �r � • Planning & Zoning Commission January 4, 2000 - Page two ZC99-24 Public hearing - Rezone Hartmann, Blackmon & Kilgore from 133b Tourist Resort Commercial to P1 Parking. Christopher Baker commented that the property is located on Volanta St. immediately behind the Mexican restaurant. That the issues associated with this being that the comprehensive plan indicates this to be developed as single family. That if zoning changed to P1 only a parking lot would be permitted. But they would be required to landscape in order to screen and buffer and it would be easier for the property to redevelop if there are no structures on the property. Sally Wagner spoke representing HBK and said that they are interested in acquiring this property for continued growth and she said that this area might be used for employees only. She said they have not developed any plans at this point. A resident, Clay Havard, mentioned that more paving would only increase the runoff that the residents on the west side are experiencing now. Belinda Douglas, next door resident to the lot, spoke saying she now .runs a day care at her residence and expressed concerns that more traffic would create problems and asked would there be perimeter fencing. Mr. Baker responded that HBK will have requirements they would have to meet, he suggested that she might meet with HBK and see what they would do. A Regina Morgan spoke also stating traffic concerns. Mr. Kant was asked what plans does the city have for improving Volanta and he responded that it is being looked into now, sidewalks and drainage. Dick Charles asked if HBK would consider a permeable parking lot, and they responded it could be looked at when plans were being considered. Dick Charles moved recommend approval of rezone request to City Council, Bill Jones 2"d motion and it carried unanimously. ZC99-25 Public hearing PUD zoning concurrent with annexation Lee Pittman/Tanglewood Mr. Baker went over the issues relating to this PUD proposal: 1. Improvement of Manly Road(a county road) - It has been indicated that Mr Pittman has discussed with the city a partnership to improve the road. Our requirement is that access must be from a publicly maintained and paved street and any approval should require improvement of Manley Road as a condition. 2. Street Pattern - that proposed streets connect and ROW's run to property lines which leave opportunities for other developments to connect. 3. Greenspace - the greenspace is centrally located and easily accessible. 4. SidewaUcs - are proposed -in the subdivision. 5. Uses - Residential uses and accessory structures/uses will only be permitted in the PUD. 6. Lot sizes and setbacks - R3PGH and R2 lots are proposed and in concert. 7. Maximum Building Height - A proposed maximum height of 35 ft. has been submitted. 8. Development Setback - They meet requirements of 40 ft. setback. except_ for one lot which they are asking a waiver for. 9 Garages - They are proposing garage doors fronting the street and have submitted a landscape plan in an attempt to shield the impact. Some- recommendations have been made regarding this issue and each. home will have to be addressed. He stated further that subdivision is outside the city limits and is designed better than our minimum requirements and is a PUD which means the property would have to develop much to site plan or no permits will be Planning & Zoning Commission January 4, 2000 - Page three issued. He recommended approval subject to the improvement of Manley Road to the furthest property line. Jeff Kennedy of EDS spoke for Mr. Pittman saying this is basically same as presented before. They are suggesting a change in the name - Southland Place. Tim Kant questioned the paving issue and Mr. Kennedy said they would like to do in phases as other subdivisions do, and pave as each phase developed. The height was discussed and they said 35 ft. would be maximum. A resident, Mr. Witt spoke saying there is a drainage problem, bad runoff. It was explained that Mr. Pittman could not develop and have anymore runoff than what there before. Mr. Green remarked that this will definitely be an asset to the area. An adjacent property owner spoke saying traffic & drainage would be a concern with her. Lee Turner moved to recommend approval to the City Council subject to the waiver of setback requirement on the one lot and paving the road. Dick Charles 2"d and motion passed unanimously. ZC99-26 Public hearing Rezone Klumpp Family LTD RA -Residential Agricultural to R2 Single Family Residential Mr. Baker commented that this contains some 12.5 acres and is also under consideration for preliminary plat approval as Idlewild Phase 5. He said this is not in conformance with the Comprehensive Plan. But the commission has approved previous zoning changes. Staff recommended denial. Under comments it was pointed out that they had presented piecemeal and that there had been no masterplan submitted . Jeff Kennedy, of EDS, spoke for Klumpps. He said that the total greenspace area would be two acres. That the northeast corner would be green and add the area immediately east of the pool site. He went on to explain the layout. Tim said we had been rezoning each piece, why not do all of it. Jeff answered that it might be a tax question and what if develop all and not sell, it has been better developing one section at a time. Tim Kant moved to recommend approval to the City Council, Dick Charles 2"d and motion carried unanimously. ZC00-01 Public hearing Re-establishing and clarifying the site plan review. Mr. Baker said that at the commission's direction he was proposing to re-establish and simplify the site plan review_ Highlights of proposed ordinance were. 1.That the site plan review will go before the Planning Commission and the City Council. 2. Site plan review is required when the gross square footage of the building is greater than 15, 000 sq ft. 3. Site review does not require public notice or hearing. 4.The information requested is based on the potential. negative impacts to adjoining property and the safety, health and general welfare of our citizens. 5. The Planning Commission and the council may consider and approve waivers of requirement. He recommended approval. SD99-54 Preliminary Plat of ldiewild Phase 5 Christopher had commented this is some 12.5 acres and contains 24 lots and an extension of the exisitng Idlewild subdivision. This was considered earlier for rezoning from RA to.R2_ In his comments he said 1. It is in conformance with the comprehensive plan and 2. Street layout - the developer is providing access to the existing Idlewild phases to the north and to the potential development to the south. He is proposing 2 cul de sacs. These meet city requirements. He went on to say that he feels the eastern cul de sac should be 79 Planning & Zoning Commission January 4, 2000 - Page four extended to the property line to provide future access to the property to the north. That cul de sacs are not an efficient way to do business. He said that in conveying this to the developer they did not wish to comply with this request because the current proposal meets city requirements and that they have a developer created "master plan" for the development that provides access. However, this "master plan" has not been presented, reviewed are approved by the city. No preliminary plat has been presented for the project. Small increments have been forthcoming without the benefit of a larger overall masterplan. The developer indicated that only small increments will be forthcoming. Mr. Baker had requested that the cul de sac be extended to the eastern property line to provide access and request was made for several reasons: the continued development patterns of cul de sacs in Idlewild are not a sustainable development pattern. City service vehicles have to continually backtract and turn around. The creation of pods do not support the feeling of neighborhood or sense of place and a traffic problem is created as all traffic is routed down the main street. He went on to comment that any future development in Idlewild will require the extension of Morphy Avenue. This being important to provide proper traffic circulation and adequate access for city and emergency services. Another issue, greenspace was addressed, and it was pointed out that they had not met this requirement. He has issue with the developer and what proposed. He recommended approval subject to: 1. Requiring the extension of the eastern end of Orleans Drive to the property line(they have no interest in doing that) 2. Advising the developer that Morphy Avenue would have to be extended with any future development, and 3. Waiting for construction until after city council considers and approves the zoning change request. Jeff Kennedy, of EDS, spoke saying they tried to design according to the guidelines and have developed to guidelines. Bob Gentle asked where they were going/ where stop. He said he has not heard the answer. Jeff said if they do 100 lots it may take 10 years to sell them. That the magical number is 20-35 units per phase. As far as a masterplan they have something in their minds. Further discussion led to a motion by Dick Charles to approve subject to Christopher's conditions(3 items set out above) . Bill Jones 2"d and motion carried unanimously. SD99-59 Informal Plat Review of Fairfield Place Phase 5 Mr. Baker's comments included remarks as follows: 1. Conformity with the Comprehensive Plan: is not in conformance with the approved comprehensive plan._ The plan indicates this property to remain agricultural. 2. Greenspace: The development as proposed does not meet the greenspace requirements. The developer wishes to designate the lake and the greenspace around it as greenspace for the entire development. 3. Streets the two cul de sacs should extend to the property lines to provide connections to adjoining property. 4. Traffic calming: There may be a need for traffic calming on the proposed through street. 5. Lot size: That from the drawings the lots meet the width and size requirements. Discussion was held on using the lake as greenspace. Seth Moore spoke for the developer saying lot 149 is being offered as additional greenspace and that the large ditch shown is Cowpen Creek. That they could have walking around the lake, would install improvements. Paul Monroe spoke saying the lake can be an asset. Plan are to have a well, take on the spill off, watershed. Larry said he will have to seek 77 Planning & Zoning Commission Page five - January 4, 2000 other approval with the watershed issue. That the lake can not count as land area. That we need a complete comprehensive plan for the entire area. Paul explained what they are trying to do with the lake area - have retention plus lake and well. 4.36 acres of green area. He was told greenspace is limited. He said he could make some additional green area from lot one. He was told to talk to Christopher about that. No formal action was taken. SD99-60 Preliminary Plat of Arbor Lane located on the west side of Cty Rd 27 north of Cty Rd 32. Christopher's comments were: this is located outside the limits of the comprehensive plan,. that signed and sealed drainage calculations have been provided. and the needed certification on the plat. That public water but not sewer will be used. The lots meet the minimum size of 15,000 sq ft. That it has been indicated that traffic calming will be constructed in conjunction with the public improvements. Greenspace is not required. It was his recommendation to approve sulo}ect to -traffic -calming. It -was determined that underground utilities will be built and sidewalks will be placed in the subdivision. Two people spoke citing density and asked what recourse they had. They were referred to the county as this is outside our jurisdiction. Bill Jones moved to approve subject to traffic calming as suggested. Thad Ingram 2"d and motion carried unanimously. SD99-61 Minor Subdivision Lord's Blessing S/D/Bob and Nancy Jernigan located east of Lawrence Rd and South of Hwy 104 . Christopher commented that they are wishing -to create two five acre lots. That the property is located outside the city limits and has no zoning. That there have been drainage calculations provided and certifications. That the lots will be accessed from Langford Road. That the need for a drainage easement on lot 2 was indicated by the surveyor. That the subdivision regulations require this as there is a water course. The -owner is requesting a waiver of this requirement. He requested approval subject to water easement remaining on plat. Mr. Jernigan spoke giving his reasons for requesting the waiver however after discussion a motion was made by Tim Kant, 2"d by Bill Jones to approve subject to drainage easement remaining on the plat. Motion carried unanimously. SD99-62 Preliminary Plat- Finger Industrial Park... Located on Hwy. 98 by the airport.. Mr. Baker had commented'that this in conformance with the comprehensive plan. That signed and sealed drainage calculations have been provided and a retention area is on site. That there is a mutual access easement between lots 3 & 4. That industrial traffic will access the property by a25' private alley. That water and sewer is available to this site and he recommended approval as requested. Tim Kpnt moved to approve, Thad Ingram 2"d motion and it carried unanimously. Also, Tim Kant asking to be heard said we need to address subdivision requirements, take out patio home zoning and revisit greenspace-park issue. Mr. Davenport asked the board about his property on Mobile Avenue and creating a subdivision, He was directed to Mr. Baker. Doug Warren of Homestead. Village spoke on behalf of their application that was not put on the agenda as they did not furnish the needed information. After he was heard he was referred to Christopher to get needed information in time for next meeting. Meeting was duly adjourned. 75