Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/9/2006 PLANNING AND ZONING COMMISSION MEETING MINUTES – January 9, 2006 CALL TO ORDER Chairman Byerly called the meeting to order at 7:18 p.m. ROLL CALL Present: Commissioners, Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy and Jeff Byerly Barry LeBaron, Chris Fuller, Amy Shelley, and Jeff Jones from staff were present. INVOCATION The invocation was given by Commissioner Bartkowski PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Byerly stated wanting the statement “friendly amendments” added to page 6. Commissioner Bartkowski moved to approve the December 12, 2005 meeting minutes with the correction on page 6, adding “with amendments.” Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1.Case P-06-008 – Final Plat of Lots 1 and 2, Block 1 of the Starbucks Addition Barry LeBaron briefed the Commissioners regarding the purpose of the appointments to the Parkland Dedication Committee. Commissioner Byerly nominated Commissioner Dudziak and Commissioner Duffy to the Parkland Dedication Committee. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Nay: None Commission Byerly stated the Commissioners wish to move the tabled item number five to be heard after item number two. Commissioner Byerly recused himself from both of the item numbers and Commissioner Duffy took over the chair. Planning & Zoning Commission Minutes – January 9, 2006 Page 1 of 7 PUBLIC HEARING AGENDA ITEMS 1.Case Z-06-001 – PUBLIC HEARING - Request for a zoning change from CC1 Village Retail and AG Agricultural to PUD-R Planned Unit Development Residential on 22.9 acres out of the G. Minter Survey located northwest of Heritage Avenue and Glade Road Barry LeBaron presented the case and briefed the Commissioners. Curtis Young, 8003 Jefferson Circle, with Sage Group, the Designers of the project, came forward to present the request and answer any questions the Commission had. Mady Development, Goodman Homes, the home builder and Jones and Boyd, the Engineers, were all present to answer any questions. Commissioner Taylor questioned Mr. Young regarding the parking on the road? Mr. Young replied it would be obvious where the parking would be available, as indicated on the drawings. Mr. Young stated it would be a fire lane of some sort, but would rather not have red striping all over the development. Commissioner Taylor questioned who would maintain the open spaces? Mr. Young replied the Homeowner’s Association (HOA) would be responsible and those documents will be provided during the final plat process. Commissioner Dudziak questioned Mr. Young regarding what areas exactly would be maintained by the HOA? Mr. Young replied all of the common open space areas outside of each individual lot as indicated on the drawings. Commissioner Duffy questioned Mr. Young if the streets will be constructed to city code regarding width? Mr. Young replied yes. Commissioner Duffy questioned Mr. Young, how will the parking be monitored or restricted? Commissioner Duffy questioned Mr. Young, how will the fire lanes be maintained? Mr. Young replied where there is parallel parking on the street; the width will be wider than what the city requires, 38 feet. However, the width may be smaller, 30 feet, where the parking is not allowed on the street. If the streets were to ever be turned over to the city, there would be a 50 foot right of way. He stated police will have access in the gated community. The assessments for the homeowners for street maintenance will be addressed in the HOA documents. Commissioner Duffy questioned Mr. Young regarding the widths of the alleys? Mr. Young replied fire access is not required in the alleys. Those alleys are designed for trash truck access. Commissioner Duffy stated wanting the fire marshal to confirm fire access is not required in the alley way. Mr. Young concurred. Commissioner Duffy questioned Mr. Young regarding who will pay for the removal of the turn lane on Heritage Avenue? Mr. Young replied Mady Development. Commissioner Duffy questioned Mr. Young regarding the flooding on the east side of Walgreen’s, what are the plans for the increased amount of water that will be created by this development? Mr. Young replied the development would not increase the water flow; there will be detention areas in the development. Commissioner Bartkowski questioned Mr. Young regarding the pedestrian access to the hike and bike trail on Glade Road? Mr. Young replied and used the drawings provided Planning & Zoning Commission Minutes – January 9, 2006 Page 2 of 7 to show Commissioner Bartkowski the access to the trail and what would be constructed for residential access to the trail. Commissioner Dudziak questioned Mr. Young if commercial use has been considered for this property such as office space? Mr. Young replied having thought about commercial, however, the analysis shows the taxes to be generated on commercial office would be lower than if it were residential, therefore residential use will benefit the city. Commissioner Dudziak stated there being a greater burden on the community and schools for residential compared to professional office. Barry LeBaron stated staff has done some analysis on commercial compared to residential, however, the tax benefit out ways the negative impacts. Commissioner Taylor stated wanting to ask the builder questions. David Vanderslice, Goodman Home builder, came forward to answer any Commissioner questions. Commissioner Taylor questioned Mr. Vanderslice regarding if any three car garages would be built? Mr. Vanderslice replied no, there would not be space available. Commissioner Taylor questioned Mr. Vanderslice if any tandems could be built? Mr. Vanderslice replied they could and as we develop plans, we can consider changes. Commissioner Taylor questioned Mr. Vanderslice regarding what price the finish out would be? Mr. Vanderslice replied about $375,000 including custom cabinets with rounded corners, molding, double stacked baseboards and high end light and plumbing fixtures. Commissioner Duffy questioned Mr. Young regarding the development schedule? Mr. Young stated immediately all in one phase, possibly a two to three year period. Commissioner Duffy opened the public hearing at 7:31 p.m. Gary Malone, 4605 Winewood Court, spoke in opposition to the rezoning request with concerns and issues with high density and the impact it will have on the neighbors. Terry Hanson, 4904 Prestwick Drive, spoke in opposition to the density but favored the residential use instead of commercial use. Shannon Miller, 3609 Wexford Court, spoke in favor of the residential aspect but spoke in opposition to the attached portion of the residential dwellings. She stated having concerns for traffic safety. Mark Jones, 3604 Wexford Court, spoke in favor of the residential aspect but spoke in opposition to the attached portion of the residential dwellings. He stated being opposed to any commercial use. He suggested lowering the density of the development. Rick Miller, 3605 Wexford Court, stated having concerns for the traffic on Heritage Avenue. He spoke in favor of the residential use, but not the town home high density aspect. He stated having concerns for the number of students that would be placed in the school district. Chris Hall, 4916 Prestwick Drive, stated this use is a good concept for residential, but this development is too dense. He stated having concerns for traffic on Heritage and Planning & Zoning Commission Minutes – January 9, 2006 Page 3 of 7 Glade. Gary Lecocq, 5113 Roberts Road, stated Mady Development is a good developer; they have done a great job. He stated having concerns with density and the price of the town homes coming down from $450,000 to $375,000. Ben Goodrum, 3800 Glade Road, stated not being for or against this zoning request. He stated not having ever been approached by a developer to build homes, just commercial developers. Mimi Byerly, 7109 Pebble Hill Court, stated these town homes built by Goodman will be a much finer quality home. She stated that commercial uses will come in and the zoning is already in place to do so. Lilla Bench, 3810 Glade Road, stated this project is good for the community and will be a nicer development. She spoke in favor of the residential use. Kevin Busbie, 3103 Eastonbury Court, stated needing some balance between the current residents and the future development. He stated this property is very accessible. He stated having concerns with the addition to the schools, however single family residential does make sense. He suggested reducing the density. Gary Cantrell, 3400 Glade Road, stated having respect for Mady Development, however, he stated having issues with the density of this project. There being no one wishing to speak, the public hearing closed at 9:00 p.m. Commissioner Taylor stated there being a way for this project to work but with smaller density and a different layout. Commissioner Dudziak concurred with Commissioner Taylor but stated thinking this area needs to be commercial not residential to generate tax revenue. Commissioner Taylor stated there is not enough drive coverage on Heritage to support commercial use. Commissioner Dudziak stated garden office space for the commercial use not retail. Commissioner Duffy stated the PUD-R regulations have a density limit of 1.8 dwelling units per acre and the exception being to exceed the 1.8 units, the amount of open space in the development would have to exceed the minimum amount required, and a 3.5 unit density is probably the only number that would be accepted by the community. Commissioner Bartkowski questioned staff regarding if any private streets would have to conform to the city standards? Barry LeBaron replied in a gated community the streets have to conform to city standards. Commissioner Dudziak questioned staff regarding if the Commissioners should give the developer time to make a compromise with the neighborhoods? Barry LeBaron replied directing that question to the developer. The code allows the developer to have a rebuttal. Mr. Young came forward to answer any questions. He stated this product is more conducive to the market. As far as the density, the 5.4 is relatively lower compared to other cities in other areas. He stated the traffic would be worse with commercial; the residential is a win with traffic. We have to have this density to be able Planning & Zoning Commission Minutes – January 9, 2006 Page 4 of 7 to pay for the open spaces. The price has not changed, the average price being $375,000 with the high end being $450,000. Commissioner Dudziak stated the neighbors do like the product; they just do not like the density. He stated it would be better to move forward more smoothly to city council. Commissioner Dudziak made motion to table case Z-06-001. Commissioner Taylor seconded. The motion to table was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor Nay: Blassingame, Duffy TABLED AGENDA ITEMS 3.Case Z-05-035 -PUBLIC HEARING – Request for a zoning change from AG Agricultural and CN Neighborhood Commercial to PUD-C Planned Unit Development Commercial on 4.0 acres located at 3798 and 3800 Glade Road Commissioner Bartkowski made motion to remove this item from the table. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy Nay: None Commissioner Bartkowski made motion to reopen this item as a public hearing. Commissioner McCormick seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Duffy Nay: Taylor, Blassingame Commissioner Duffy opened the public hearing at 9:30 p.m. Vicki Hagler, 2680 Bent Tree Drive, stated Mr. Hannah’s project will be beautiful and he has done a great job with the Riverwalk product. This area is for commercial development. Terry Hanson, 4904 Prestwick Drive, spoke in opposition to the commercial request. Shannon Miller, 3609 Wexford Court, spoke in opposition to the commercial request, stating there are too many vacancies. Lauren Huddleston, 4712 Prestwick Drive, spoke in opposition to the commercial request; it should be residential according to the master plan. Mark Jones, 3604 Wexford Court, spoke in opposition to the commercial request and presented a petition to the Commissioners. Ben Goodrum, 3800 Glade Road, spoke in favor of the request. Rick Miller, 3605 Wexford Court, spoke in opposition to the commercial request and stated having concerns for traffic. Gary Lecocq, 5113 Roberts Road, spoke in opposition to the commercial request and Planning & Zoning Commission Minutes – January 9, 2006 Page 5 of 7 stated having concerns for traffic. There being no one wishing to speak, the public hearing closed at 9:45 p.m. Commissioner Bartkowski questioned staff regarding if any changes were made by the developer? Barry LeBaron replied no, the submission we have is the same as the last time. Commissioner Bartkowski stated tabling this item did not help this project. Commissioner Dudziak stated this is a good transitional area for garden office project. He stated the citizens chose not to have Glade Road as a four lane and stated being in support of the request. Commissioner McCormick made motion to deny case Z-05-035. Commissioner Bartkowski seconded. The motion to deny was approved by the following vote: Aye: McCormick, Bartkowski, Blassingame, Duffy Nay: Dudziak, Taylor 4.Case G-06-001 – PUBLIC HEARING – Amendment to the Land Development Code to add Chapter 3.1, Oil and Gas Drilling Regulations Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 9:51 p.m. There being no one wishing to speak, the public hearing was closed at 9:51 p.m. Commissioner Blassingame made motion to table and schedule a workshop for case G- 06-001. Commissioner Dudziak seconded. The motion to table was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None 5.Case G-06-002 – PUBLIC HEARING – Amendment to Chapter 8-Plat Review Procedures of the Land Development Code Barry LeBaron briefed the Commissioners regarding staff having heard suggestions to changes over the past year to this chapter made by the Commission. Commissioner Byerly stated on section 8-5 there is some word redundancy. Barry LeBaron replied the sentence would be clarified. Commissioner Byerly opened the public hearing at 9:57 p.m. There being no one wishing to speak, the public hearing was closed at 9:57 p.m. Commissioner Duffy made motion to approve case G-06-002. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Nay: None Planning & Zoning Commission Minutes – January 9, 2006 Page 6 of 7 STAFF REPORTS None COMMISSIONER COMMENTS Commissioner Blassingame stated the Commission is tabling items too many times even though the vote is clear as to how the Commissioners are going to vote. ADJOURNMENT The Commission adjourned the meeting at 10:00 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: February 13, 2006 Planning & Zoning Commission Minutes – January 9, 2006 Page 7 of 7