Planning Commission

Russellville Planning Commission Minutes August 26, 2013, @ 5:30 p.m. The Russellville Planning Commission met in its regular meeting on Monday, August 26, 2013, at 5:30 p.m. in the Russellville City Hall Council Chambers. Members Present Chairman Dennis Boyd Jimmy Sims Secretary Aldona Standridge Jimmy Davenport Richard Perkins Herschell Hargus Eric Westcott Members Absent Gaylon Smith (resigned) Vice-Chair Nick Patel Richard Harris, Council Liaison Also present: City Planner David Harris, City Attorney Trey Smith, Planning Assistant Lequitta A. Jones, Building Official Brian Holstein, Fire Marshall Setian, Jim Lynch/City Corp, Minerra Adkins, Terry Adkins, Dave Garza/Barrett Associates, Jim Lee, Bucky Croom, Tony Jetton, Price McMillen, and Bob Weibler. Welcome The First Order of Business was a request to review and approve the minutes of the July 22, 2013, Regular Meeting. Secretary Standridge made the motion to approve the minutes as presented. The motion was seconded by Commissioner Davenport and passed unanimously. The Second Order of Business was a Public Hearing to review a request for a Planning Commission recommendation of approval to City Council for the rezoning of property in the 3000 Block of East 17th Street from C-2 Highway Commercial to R-3 Medium/High Density Residential, submitted by Dave Garza of Barrett & Associates on behalf of Scott Sanders. (Z0.13.05.170) The applicant's representatives communicated with the city planning staff a desire to table this item until the September 23, 2013, meeting. At the applicant's request, the item was previously tabled May 20, 2013 and July 22, 2013. City Planner David Harris said Mr. Scott Sanders had asked that this item be tabled again. Mr. Sanders and Mr. John Peel spoke with Mr. Harris earlier in the day about the application and they are actively trying to find a way to address the concerns of staff and commissioners. Mr. Harris recommended allowing the applicants to come back in September to address any issues that have been raised. Mr. Harris noted that Mr. Peel, Mr. Garza, and Mr. Sanders were present should the commissioners have any questions tonight. Commissioner Perkins asked how many times an item could be tabled. City Planner Harris said indefinitely. Commissioner Sims made the motion to approve the petitioner’s request to table until the September meeting. The motion was seconded by Secretary Standridge and passed unanimously. The Third Order of Business was a Public Hearing to review a request for Planning Commission recommendation of approval to the City Council for the rezoning of property located on Bradley Cove Road and Gary Lane from R-1 (Single-Family Residential) to C-2 (Highway Commercial), submitted by Dave Garza of Barrett & Associates on behalf of Paul Paladino. (ZO.13.08.172) City Planner Harris said this request reflects what is already developed on the property, as well as the original intent for the subdivision to be used for commercial uses. The subject property is undeveloped, but the pattern of development has already been established. It is obvious that the current R-1 zoning is not appropriate and C-2 would likely be the best fit considering the proximity to the interstate exchange. Commissioner Perkins said the property was intended for commercial use prior to its annexation into the City of Russellville. Mr. Perkins said his former firm did the earlier development and it was always intended to be commercial. The property was annexed as R-1 because that has been the standard city practice unless the owners request rezoning. Mrs. Minerra Adkins said she and her husband David had received notice of the hearing, but they weren’t clear on what was being requested. Mrs. Adkins asked if the Paladino property was all that was being considered for rezoning. Chairman Boyd said that was his understanding and asked City Planner Harris for confirmation. Mr. Harris said that was correct. Mr. Dave Garza showed Mr. and Mrs. Adkins the property in question on the plans. Mrs. Adkins said she was concerned because their parcel was landlocked by the Paladino property. She said there was an easement across the property for water lines, but no access. She said she wanted to make sure they would have access to their property. Chairman Boyd asked Mr. Harris if the rezoning would affect the access and Mr. Harris said it would not. Mr. Garza said the current plat has the right-of-way shown the same way that Mr. Perkins' original drawing had it. The rezoning will not remove any access that the original plat guaranteed. Commissioner Perkins made the motion to approve the R-1 to C-2 as requested. The motion was seconded by Commissioner Davenport and passed unanimously. 2 The Fourth Order of Business was a request to review and approve a Minor Subdivision/Final Plat Paladino Commercial Park, located at Bradley Cove Road and Gary Lane, submitted by Dave Garza of Barrett & Associates on behalf of Paul Paladino. (SD.13.08.264) Mr. Harris said this is a redrawing of lot lines within the subdivision. It does not include the whole original subdivision. Interstate Avenue, Gary Lane, and Joyce Lane are shown as before, including the right-of-way (ROW) for the un-built segment of Joyce Lane. No changes to the ROWs from the original plat are shown. Mr. Garza said the subdivision has all utilities, storm drainage, etc., and meets all the requirements of the Land Subdivision and Development Code for the Final Plat. Commissioner Perkins made the motion to approve the request as submitted. The motion was seconded by Commissioner Westcott and passed unanimously. The Fifth Order of Business was a request to review and approve the Shiloh Manor Phase IV Final Plat, located north of Shiloh Manor Phase III on Shiloh Road, submitted by Dave Garza of Barrett & Associates on behalf of Bucky Croom. (SD.13.08.265) Mr. Harris said this is very straightforward continuation of a successful subdivision. The only comment that he had was that the property was zoned R-2S rather than R-2. The City Engineer provided a statement that plans have been reviewed which included a detention basin to hold flows from Phases IV to VI to pre-development levels. All houses will be required to be constructed 12 inches above lot level. Mr. Garza said water and sewer are in. The storm drainage is almost complete with electric service going in now. All that would be left is the curb and gutter, which should be in by the time the plat is before the council. He stated that by the time we come to council we should have everything in except the asphalt and we will do a bond or letter of credit as needed. Commissioner Perkins asked if the new sidewalk ordinance applied to this subdivision. City Planner Harris said it did not. Commissioner Westcott made the motion to approve the request as submitted. The motion was seconded by Commissioner Davenport and passed unanimously. The Sixth Order of Business was a request to review and approve the Preliminary Plat for Overland Park, located between Brookside Addition to the north, Brookview Estates to the east, Camelot along the west, and West 12th Street to the south, submitted by Dave Garza of Barrett & Associates on behalf of Overland Park Developer, LLC. (SD.13.08.266) City Planner Harris said this was a pretty straightforward plat with just a few concerns. Mr. Harris said consideration should be given to opening the connection with Camelot 3 Drive at the NW corner of this plat. Mr. Harris then read the City Engineer’s comments: 1) connect stub at Camelot Drive to Overland Circle, 2) provide language on the plat indicating the requirement for sidewalks along both sides of all streets, 3) street light spacing will be subject to review of construction plans, 4) replace the ditch along the north property line with urban (underground) system, and 5) add pavement to 12th Street in addition to curb & gutter to match final cross section. Chairman Boyd asked Mr. Garza if he had discussed those items with the City Engineer. Mr. Garza said he had not, but that Morgan Barrett may have. Mr. Garza said the developers did not want to make the connection to Camelot Drive. Camelot is an older subdivision and they believe the residents there would be very unhappy if we open the connection. We have two connections which is what is required by the Land Subdivision and Development Code. Overland Park will be connected to South Durant into Brookside, which is a newer subdivision. There will also be a connection to 12th Street, which will create a loop that will permit traffic flow. He said if we make the connection to Camelot, those people in those corners that have had privacy for years are not going to like it and the connection won't serve much of a purpose. There are several alternative routes in and out of the neighborhood. The residents have already set a pattern that they like. If you look north of this there is another connection that was made from the subdivision to the west that didn’t get connected to Brookside probably for the same reason - the current residents didn’t want it. So, we are requesting that we not be required to do that. Mr. Garza also said that for their proposed location of the drainage ditch between Brookside Estates and Overland Park, an underground system would not work as well and would cause pooling at some locations. He didn’t think the City Engineer has walked the area. Those back yards are continuously running up and down, and you would have to have multiple yard drains. What we propose will function better. Now it is just an irregular ditch, but we are going to make it regular with a flat bottom and 3-to-1 side slopes. It will be in an easement so that it can be maintained. We will probably put a requirement that fences cannot go across the ditch. We are going to try to work all this out with the City Engineer. The developer has decided to install a paved 15-foot pathway across the development. This is not required, but will give residents access to the new city drainage detention and park areas. Commissioner Westcott asked if the issue about sidewalks on both sides of the street would be taken care of. City Planner Harris said sidewalks are required with this subdivision. Mr. Garza said yes, sidewalks are required. Chairman Boyd said since the City Engineer had raised the issue of connectivity to Camelot, he would like to hear a discussion regarding the pros and cons of the connection. Commissioner Perkins said the City Engineer made comments but is not present to explain his position. Mr. Perkins asked about curb and gutter on 12th Street as well as resurfacing. Mr. Garza said curb and gutter would be installed. Mr. Perkins asked if 12th Street would be resurfaced. Mr. Garza said he did not know. Commissioner Perkins said curb and gutter is already in place on the other side. Mr. Perkins asked the 4 width of the street. Mr. Garza said it is 27'. Commissioner Perkins asked for clarification about 12th Street. Would it be resurfaced with curb and gutter? Would the city do it? Mr. Perkins said he would like some answers from the City Engineer. Mr. Perkins stated further that he did not have any problem with the subdivision, but he felt the City Engineer made comments but is not here and should be. Mr. Perkins said he would not vote yes until he gets an explanation from the City Engineer. Mr. Perkins suggested that we may need to call a special meeting if the applicants are in a hurry, but he would not vote yes until the City Engineer explains his position and clarifies what he is going to do on 12th Street. Chairman Boyd asked Mr. Harris if he had any additional insight into what the City Engineer’s perspective might be. Mr. Harris said was not comfortable speaking for the City Engineer. Mr. Perkins said he did not think this was fair to Mr. Garza. Tony Jetton said there are questions to answer before taking this further, like the issues Mr. Perkins had raised. Mr. Jetton said there were questions that he wasn’t aware of that Mr. Oakes had brought up. Mr. Jetton said he would like to get some answers before we moved forward. Mr. Perkins said we need answers on those five items in Mr. Oakes’ report. Mr. Perkins said he wanted the City Engineer here at the next meeting. Mr. Garza stated that since there were several unanswered questions, he requested that the item be tabled for another month. Commissioner Westcott made the motion to table the request until next month. The motion was seconded by Commissioner Perkins and passed unanimously. Mr. Jim Lee said he lives on West 8th Street on property adjoining this development, and he had a question in regard to the existing drainage ditch. With the city developing the retention pond, it was his understanding that this ditch was to remain a free-flowing wet weather creek. The ditch is about seven feet south of his property line. Mr. Lee asked if the ditch would be replaced with an underground system City Planner Harris said that was the City Engineer's recommendation. Commissioner Perkins said this is why the City Engineer should attend the meeting. Mr. Lee wanted to know whose property the ditch was going to be on so he could make some arrangements to move shrubs he had planted and tended, but that were not on his (Mr. Lee's) property. Mr. Garza replied that the drainage ditch would be located on the newly developed subdivision property. Commission Perkins said he had one more general comment. We have scads and scads of streets in Russellville that go a block or two then dead end. And then they build a subdivision next to it and here the street stub sits, yet the new subdivision does not connect. Mr. Garza said we have five in Russellville. Commissioner Perkins said that is five too many. Mr. Jetton said most of Camelot is very well kept, but there are a couple of properties near the stub street that concern him. Mr. Perkins said he still wanted to hear the City Engineer explain it. Chairman Boyd asked if there was any further discussion. Hearing none, Mr. Boyd proceeded with the vote, which was unanimous in favor of tabling for one month. 5 Meeting Adjourned ________________________________________ Chairman Dennis Boyd 6