Planning & Zoning Commission

MINUTES OF THE REGULAR MEETING Planning and Zoning Commission March 31, 2015 REGULAR MEETING 6:00 P.M. CALL TO ORDER AND WELCOME –Chair- Ralph Brown, Vice Chair- Shirley Childress, Secretary- Eddie Carrillo. A regular meeting of the Planning and Zoning Commission was called to order at approximately 6:00 p.m. by Chair Brown with the following members present: Members present included Bruce Gwartney, and Riley Armstrong. Absent members included Toby Gross and David Storey Staff present included Louis Najar- City Engineer, Elizabeth Stark-Rankins- Support Services Administrator, and Amber Copeland, Zoning Administrator,and Danny Renshaw-Zoning Technician APPROVAL OF AGENDA Mr. Armstrong made a motion to approve the agenda as presented. Mr.Carrillo seconded the motion and all were in favor. APPROVAL OF MINUTES –January27, 2015 Mr. Armstrong moved to approve the minutes as presented. Mr. Gwartney seconded the motion and all were in favor. SWEARING IN Chair Brown swore in Staff and members of the audience. PUBLIC HEARING ITEMS 1. CASE 15-03: A Vacation of a Public Right-of-Way-Dodson Lumber Summary Replat, A portion of the SE ¼ of Section 28T.10S,R24E., The easternmost 464.10’, more or less, of East 16th Street, located along the east side of the 1600-1700 Blocks of North Garden Avenue, known as 1701 North Garden, Dodson Wholesale/Owner, Smith Engineering/Agent Ms. Childress stated the sale of this property was handled by her real estate brokerage and that she had no financial interest in it. Ms. Childress made a motion to waive the reading of the Land Use and Zoning Considerations and Findings of Facts for Case 15-03. Mr. Gwartney seconded the motion and all were in favor. Mike Douglass, agent, spoke in favor of the request. He stated the applicants were requesting to vacate the right-of-way known as East 16th St. which is currently used to access Dodson Lumber. He stated utilities are located in that right-of-way and that it would be dedicated it as a utility easement. Mr. Douglass stated there was one letter of protest from the property owner to the east. He stated Mr. Dodson met with Mr. Bristol who is representing the property owner, Ainsworth Living Trust and they had reached an acceptable solution to access that property by dedicating a 60’ access easement to the south of Dodson Wholesale Lumber’s property. Mr. Douglass stated an access easement would not require the property owner to the south to have a 30’ side yard setback. Mr. Gwartney asked if that structure that is there now is in compliance. Mr. Douglass stated he did not know. Bob Dodson, owner, stated Dodson Wholesale Lumber is a family owned business that has been in that location since 1972. He stated they had purchased the ADOC Oil property next to them and it had taken about two years to come into compliance. He stated they wanted to expand their business to include a covered parking area for their employees. Mr. Dodson stated they had it designed with a stucco front with their logo on it. He stated they had gone to the City and applied for a permit, ordered the materials, and poured the asphalt. Mr. Dodson stated the returned plans required them to match the existing building’s setbacks. He stated they found they would have to move the building back to meet the existing building. Mr. Dodson stated they then contacted the City to see what to do. Mr. Dodson stated the City had informed him that vacating the right-of-way would be the only option to build there. He stated a railroad spur exists in the right-of-way and that they receive approximately one rail car per day. He stated Dodson Wholesale Lumber had paid to pave the road twice. Mr. Dodson contacted Matthew Bristol about moving that road down to the southernmost property line to align with the center of their property. Matthew Bristol, agent for Dr. Ainsworth spoke against the request. He thanked Mr. Dodson for working with them on this matter. Mr. Bristol stated Mr. Dodson did offer to move the access south and provide a 60’ easement. Mr. Bristol stated his clients withdrew their objection to the application. He stated his agents appreciate him being a good neighbor and that they want to be a good neighbors in return. Mr. Najar stated it had been believed that this was Dodsons’ road to begin with. He stated Staff does not object to the vacation. Mr. Armstrong added this is a good example of two parties that are opposed have worked together to come up with a solution. Chair Brown asked if the commission were making a recommendation to the city council and Ms. Copeland stated that was correct. MOTION Mr. Carrillo made a motion to recommend approval of Case 15-03 by City Council based on Findings of Facts and Land Use Considerations. Ms. Childress seconded the motion and all were in favor. ADJOURN Chair Brown announced the meeting adjourned at 6:15 p.m. Ralph Brown- Chair Eddie Carrillo- Secretary ________________________________ _______________________________