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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: -1- 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. -2- 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. -3- 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 -4- 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. -5- 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) -6- 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. -7- 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 -8-