HomeMy WebLinkAbout07-17-2008 Planning Commission Meeting Minutes REGULAR MEETING July 17, 2008
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Chairman Todd Samuel.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No. 1 Todd Samuel, Chairman
No. 2 James Hay
No. 3 Andy Anderson
No. 4 David Little
No. 5 Joe Cruz
No. 6 Ray Rose
No. 7 Tony Schouviller
No. 8 Jana Kempf
No. 9 Vacant
APPEARANCE OF FAIRNESS:
Chairman Samuel read a statement about the appearance of fairness for
hearings on land use matters. Chairman Samuel asked if any Commission
member had anything to declare. No declarations were made.
Chairman Samuel then asked the audience if there were any objections based
on a conflict of interest or appearance of fairness questions regarding the items
to be discussed this evening. There were no objections.
Chairman Samuel asked the audience if there was an objection to either
commissioner hearing the matter. There were no objections from the audience.
ADMINISTERING THE OATH:
Chairman Samuel explained that state law requires testimony in quasi-judicial
hearings such as held by the Planning Commission be given under oath or
affirmation. Chairman Samuel swore in all those desiring to speak.
APPROVAL OF MINUTES:
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Commissioner Little moved, seconded by Commissioner Rose, that the minutes
dated June 19, 2008 be approved with the corrections on the CDBG funding
information. The Motion carried unanimously.
OLD BUSINESS:
A. Preliminary Plat Sun View Estates, 21-Lots (All-Pro Contracting
Inc.)(3300 Block of Wernett Rd)(MF#08-001)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated this item was presented last month at the public hearing where
testimony was provided by the applicant, adjoining property owners and staff.
Staff reviewed the proposed plat approval conditions related to the need for a
sound wall as well as utilities, curb, gutter and sidewalks needs. Staff explained
a power line is located in the front of the property and as a condition of
development it needs to be underground and or a bond needs to be in place to
cover the undergrounding of the power line. This is a requirement that is in
effect for all developments, churches, and in some cases schools.
Staff recommended that the Planning Commission discuss the condition related
to the sound wall.
Chairman Samuel asked if the applicant was aware of the undergrounding of the
power lines.
Staff stated the applicant was aware of the requirement to underground power
lines, pointing out the applicant's last subdivision, Sunrise Estates, was
required to underground/relocate power lines.
Chairman Samuel asked if the development would be surrounded by a block
wall.
Staff stated the development has lots that are facing Wernett Street and would
not be required to be surrounded by a block wall. The recommendation would be
for a sound wall to be along the freeway side of this development.
Commissioner Schouviller asked about the existing grade in relation to the
highway.
Staff commented it varies.
Chairman Samuel questioned if the recommendation would need to be revised.
Staff stated it would vary depending on the area.
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Commissioner Cruz recommended that the sound wall be at least 8 ft above the
height of the finished highway and questioned the context of a berm.
Staff explained the height of the berm was to bring the bottom of the wall level
with the grade of the freeway.
Commissioner Cruz commented there needed to be a rule or policy that applies
to situations like this.
Staff suggested condition #4 could be restated to read; the sound wall shall be a
minimum of 8 ft in height above the grade of the adjoining I-182 freeway. The
grade in the plat would need to be raised to meet the grade of the freeway.
Commissioner Little questioned if that height would cover the sound issue.
Staff commented it would cover sound issues for the standard one story house.
There may be sound issues for two story houses.
Commissioner Little further asked about the types of homes being built in this
development.
Staff stated this developer typically builds one story houses.
Commissioner Rose moved, seconded by Commissioner Little to adopt the
findings of fact as contained in the staff report of July 17, 2008. The motion was
approved unanimously.
Commissioner Rose moved based on the findings of fact as adopted, seconded by
Commissioner Hay the Planning Commission recommend the City Council
approve the Preliminary Plat for Sun View Estates with conditions as listed in
the staff report of July 17, 2008. The motion was approved unanimously.
Staff noted the recommendation would go to the City Council for action at the
first regular meeting in August, 2008. An appeal of the recommendation would
cause a closed record hearing to be held before the City Council.
B. Special Permit Iglesia Apostolica De La Fe En Cristo Jesus
(Francisco Barrera) (3212 Wernett
Rd)(MF#SPOS-003)
Chairman Samuel read the master file number and asked staff for comments.
Staff stated this item was presented last month at the public hearing. Staff
provided a list of recommended conditions for approval of the special permit.
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Staff pointed out condition #10 references a sound wall and should be
consistent with the conditions set for the previous agenda item. Staff stated the
list of conditions was mailed to the applicant prior to the Planning Commission
meeting.
Commissioner Hay moved seconded by Commissioner Schouviller the Planning
Commission adopts the Findings of Fact and conclusions as contained in the
July 17, 2008 staff report. The motion was approved unanimously.
Commissioner Hay further moved, based on the findings of fact as adopted,
seconded by Commissioner Schouviller, the Planning Commission recommend
the City Council grant a special permit to Iglesia Apostolica De La Fe En Cristo
Jesus for the location of a church at 3212 Wernett Road with conditions as
contained in the July 17, 2007 staff report. The motion was approved
unanimously.
Staff noted the recommendation would go to the City Council for action at the
first regular meeting in August, 2008. An appeal of the recommendation would
cause a closed record hearing to be held before the City Council.
C. Special Permit Iglesia Bautista El Calvario (Joe Franco)(216 N.
11th Ave)(MF#SPO8-004)
Chairman Samuel read the master file number and asked staff for comments.
Staff stated this item was presented last month at the public hearing. Staff
provided a list of recommended conditions for approval of the special permit.
Staff also explained as previously discussed, the Public Works Department had
some concerns about public access to the proposed church through the alley.
The main concern was the alley not being the standard width of a street. Staff
explained the church would only have 6 parking spaces in the alley which would
generate 24 vehicle trips each week vs. residential neighbors generating an
estimated 70 vehicle trips each week per house.
Commissioner Schouviller asked what type of road surface was in the alley.
Staff stated it was an oiled rock surface and the section by the car wash is
paved.
Commissioner Schouviller moved seconded by Commissioner Little that the
Planning Commission adopts the Findings of Fact and conclusions as contained
in the July 17, 2008 staff report. The motion was approved unanimously.
Commissioner Schouviller further moved based on the findings of fact as
adopted seconded by Commissioner Kempf, the Planning Commission
recommend the City Council grant a special permit to Iglesia Bautista El
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Calvario for the location of a church at 216 North 11th Avenue with conditions as
contained in the July 17, 2008 staff report. The motion was approved
unanimously.
Staff noted the recommendation would go to the City Council for action at the
first regular meeting in August, 2008. An appeal of the recommendation would
cause a closed record hearing to be held before the City Council.
D. Special Permit Kingspoint Christian School Master Plan
(Georgia Perkins)(33O9 Rd 1OO)(MF#SPO8-005)
Chairman Samuel read the master file number and asked staff for comments.
Staff stated this item was presented last month at the public hearing. Staff
provided a list of recommended conditions for approval of the special permit.
The applicant received a copy of the recommended conditions and spoke briefly
with staff prior to the Planning Commission meeting. There was one concern
expressed over condition #12 related to the sports field lighting. The restriction
on sports field lighting did not preclude lighting for night security.
Chairman Samuel asked about the lighting standards and comparison to Tri-
City Prep High School.
Staff commented the lighting study and conditions for the Prep school was tied
to Chapel Hill Blvd. This facility does not have an area to allow for such
separation.
Commissioner Cruz stated that Tri-City Prep High School has a fair distance
between apartments and homes.
Commissioner Schouviller asked what the applicants' response was.
Staff stated the applicant was concerned with safety lighting and want security
night lighting. In the future, if there was ever a need for sports lighting the
applicant could apply for a special permit.
Commissioner Rose questioned the landscaping requirements.
Staff stated this project is being developed in three stages and will meet the
requirements for landscaping.
Commissioner Kempf questioned if the issue with Willow Way has been
addressed.
Staff noted it was covered in condition #13.
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Commissioner Little moved seconded by Commissioner Rose the Planning
Commission adopt the Findings of Fact and conclusions as contained in the
July 17, 2008 staff report. The motion was approved unanimously.
Commissioner Little moved based on the findings of fact as adopted seconded by
Commissioner Schouviller, the Planning Commission recommend the City
Council grant a special permit to Kingspoint Christian School for the location
and development of a school in the 3000 block of Road 100 with conditions as
contained in the July 17, 2008 staff report. The motion was approved
unanimously.
Staff noted the recommendation would go to the City Council for action at the
first regular meeting in August, 2008. An appeal of the recommendation would
cause a closed record hearing to be held before the City Council.
E. Special Permit Franklin County Courthouse Parking Lot
(Franklin County)(1016 N. 4th Ave)(MF#SP08-
006
Chairman Samuel read the master file number and asked staff for comments.
Staff stated this item was presented last month at the public hearing. Staff
provided a list of recommended conditions for approval of the special permit.
Commissioner Hay moved seconded by Commissioner Little the Planning
Commission adopt the findings of fact and conclusions as contained in the July
17, 2008 staff report. The motion was approved unanimously.
Commissioner Hay moved based on the findings of fact as adopted seconded by
Commissioner Schouviller, the Planning Commission recommend the City
Council grant a special permit to Franklin County for the location and
development of a new parking lot at 1016 N. 41h Avenue with conditions as
contained in the July 17, 2008 staff report. The motion was approved
unanimously.
Staff noted the recommendation would go to the City Council for action at the
first regular meeting in August, 2008. An appeal of the recommendation would
cause a closed record hearing to be held before the City Council.
PUBLIC HEARINGS:
A. CDBG Program 2009 Community Development Block Grant
Program Development (MF# CDBG08-002)
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Chairman Samuel read the master file number and asked staff for comments.
Dave McDonald, City Planner, explained this item was before the Planning
Commission last month and that Federal Regulations require two public
hearings. Applicants had been notified of the meeting and invited to attend,
none were present at tonight's meeting. Angie Pitman, Community Development
Block Grant Administrator provided a brief overview of the CDBG program and
explained the city would be receiving about $600,000 in CDBG funds for 2009.
In addition there would be approximately $10,000 in program income and
$266,175 available from reallocation of prior year activities. For 2009, the City
will have an estimated total of $876,175 for project activities. Thirteen (13)
proposals were received totaling $921,000. Twelve (12) projects were presented
at the last meeting; one (1) application was withdrawn. Staff recommendations
for funding 12 projects totaling $851,176 is provided in the staff report.
Remaining funds were would be reprogrammed for 2008 activities in an
amendment to the 2008 Annual Action Plan to be discussed later in the meeting.
Chairman Samuel opened the hearing for public comment, after three calls, the
public hearing was closed and the Planning Commission commenced
discussion.
Commissioner Hay moved the Planning Commission recommend the City
Council approve the use of funds for the 2009 Community Development Block
Grant Program Year as set forth in the "2009 CDBG Fund Summary."
Commissioner Kempf seconded, motion carried unanimously.
WORKSHOP:
A. CDBG Program 2008 Community Development Block Grant
Annual Action Plan Amendment (City Wide)
(MF# CDBG08-003(
Chairman Samuel read the master file number and asked staff for comments.
Angie Pitman, Community Development Block Grant Administrator, explained
that the 2008 Annual Action Plan was approved last year and since then
community needs have changed creating the need for a revision. Three new
projects were created by reallocating funding from three 2008 activities and from
surplus funds not used for 2009 Annual Action Plan Activities.
Chairman Samuel asked if any applicants who had not received funding as
requested in the 2008 Annual Action Plan cycle had been contacted for these
additional monies.
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Angie Pitman explained that whenever a significant change is made to the
Annual Action Plan, the requirement per the Consolidated Plan was to bring the
proposed change before the Planning Commission, and obtain City Council
approval. The proposed change is then made available for public comment for 30
days prior to submission to HUD for approval. The recipient is granted some
flexibility in administering CDBG funds. Citizen Participation requirements were
met during formation of the plan.
Commissioner Kempf moved that the proposed Resolution and Exhibit A,
amending the 2008 Annual Action Plan, be recommended to City Council for
Action.
Commissioner Hay seconded, motion carried unanimously.
Chairman Samuel closed the public hearing.
Commissioner Rose moved seconded by Commissioner Schouviller, to close the
hearing on a proposed special permit and schedule deliberations, adoptions of
findings of fact, conclusions and a recommendation to the City Council for the
July 17, 2008 meeting. The motion passed unanimously.
Commissioner Rose moved seconded by Commissioner Schouviller that the
meeting be adjourned. The motion passed unanimously.
Welcome to Rick White, Director for Community 8v Economic Development.
With no further business, the Planning Commission was adjourned at 7:54 pm.
Respectfully submitted,
David McDonald, Secretary
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