Planning Commission

September 23, 2013 The Russellville Planning Commission will hold its Regular Meeting on Monday, September 23, 2013, at 5:30 p.m., in the City Hall Council Chambers. PLANNING COMMISSION AGENDA Welcome Visitors 1. A request to review and approve the minutes of the August 26, 2013 Regular Meeting. 2. Tabled at the August 26, 2013 meeting, Tabled at July 22, 2013 meeting, and Tabled at May 20, 2013 meeting. A Public Hearing requesting to review and a recommendation of approval to the City Council to rezone property from C-2 (Highway Commercial) to R-3 (Medium/High Density Residential), for property located in the 3000 Block of East 17th Street, submitted by Dave Garza of Barrett & Associates on behalf of Scott Sanders. (Z0.13.05.170) 3. Tabled at the August 26, 2013 meeting. A request to review and approve Overland Park to the City of Russellville Preliminary Plat, located between Brookside Addition to the north, Brookview Estates to the east, Camelot along the west, and West 12th Street along the south of the property, submitted by Dave Garza of Barrett & Associates on behalf of Overland Park Developer, LLC. (SD.13.08.266) 4. A Public Hearing requesting to review and a recommendation of approval to the City Council to rezone property from C-2 (Highway Commercial) to M-2 (Heavy Industrial Manufacturing), for property located 503 East 3rd Street, submitted by Michael Miller owner of Cooling & Applied Technology, Inc. (C.A.T.). (ZO.13.09.173) 5. 5a. A request for a variance from the LS&DC Section 9. G8 for an additional length of 40 feet from the maximum 200-feet requirement, property located off Barborek Lane, submitted by Dave Garza of Barrett & Associates on behalf of R.T. Brown. (SD.13.099.267) 5b. A request to review and approve a Minor Subdivision/R.T. Brown Addition, located on Barborek Lane, submitted by Dave Garza of Barrett & Associates on behalf of R.T. Brown. (SD.13.09.267) 5c. A request that the Planning Commission grant the authority of the Public Works Director to sign the Minor Plat for recording upon approval, property located off Barborek Lane, submitted by Dave Garza of Barrett & Associates on behalf of R.T. Brown. (SD.13.099.267) 1  Russellville Planning Commission Minutes September 23, 2013 @ 5:30 p.m. The Russellville Planning Commission met in its regular meeting on Monday, September 23, 2013, at 5:30 p.m. in the Russellville City Hall Council Chambers. Members Present Chairman Dennis Boyd Vice-Chair Nick Patel Secretary Aldona Standridge Jimmy Davenport Richard Perkins Richard Harris, Council Liaison Members Absent Jimmy Sims Herschell Hargus Eric Westcott Gaylon Smith (resigned) Also present: City Planner David Harris, City Attorney Trey Smith, Planning Assistant Lequitta A. Jones, Building Official Brian Holstein, Fire Marshall Richard Setian, Jim Lynch/City Corp, Morgan Barrett and Dave Garza of Barrett & Associates, Jim Lee, Tony Jetton, Todd & Michelle Brown, Whitney Snipes, Duane and Shirley Noyes, Donnie Elliott, John and Joanna L/N/U, Bob Weibler, Robert K. and Becca Campbell, and Ed and Sharon France. Chairman Boyd began the meeting by noting that Thursday evening the City Council referred an item back to the Planning Commission in regard to RV Parks. However, the commission had not yet received any information regarding that item, so it will be on next month’s agenda. He stated that if there were those in attendance to discuss that item, they could feel free to leave, though they were welcome to stay. The First Order of Business was a request to review and approve the minutes of the August 26, 2013 Regular Meeting. Secretary Standridge made the motion to approve the minutes as written. The motion was seconded by Commissioner Davenport and passed unanimously. The Second Order of Business was Tabled at the August 26, 2013 meeting, Tabled at July 22, 2013 meeting, and at May 20, 2013 meeting. A Public Hearing requesting to review and a recommendation of approval to the City Council to rezone property from C-2 (Highway Commercial) to R-3 (Medium/High Density Residential), for property located in the 3000 Block of East 17th Street, submitted by Dave Garza of Barrett & Associates on behalf of Scott Sanders. (Z0.13.05.170) Chairman Boyd asked City Planner Harris if the applicant was requesting for this item to be withdrawn, not requesting that it be tabled. Mr. Harris said yes and Mr. Garza confirmed. The Third Order of Business wasTabled at the August 26, 2013 meeting. A request to review and recommend approval of the preliminary plat for Overland Park, located between Brookside Addition to the north, Brookview Estates to the east, Camelot to the west, and West 12th Street along the south of the property, submitted by Dave Garza of Barrett & Associates on behalf of Overland Park Developer, LLC. (SD.13.08.266) City Planner Harris gave a staff report outlining issues raised at the Technical Review Meeting. Issues included: 1) the connection between Overland Park and Camelot at the northwest corner of Overland Park, and 2) a proposed open drainage swale along the north edge of the property. Mr. Harris said he and City Engineer Michael Oakes are in favor of the connection to the existing Camelot stub to enhance connectivity. In regard to the drainage, Harris stated that Mr. Oakes in his written comments had advocated underground drainage. Following the City planner's remarks, Chairman Boyd pointed out that this is not a public hearing, but it is a public meeting so anybody who wishes to speak in favor or against the proposal is welcome to speak. Morgan Barrett said he had not seen comments from Mr. Oakes or the staff report and they were still requesting approval as submitted. Mr. Barrett said he understands the City staff has requested a connection to Camelot. Mr. Barrett said their position was that Camelot is a well-established subdivision, and that introduction of additional traffic to it at this time would not benefit Camelot and would not benefit Overland Park. The City's new detention pond cuts off two possible connections to a recently developed subdivision to the east and north. If those connections were available we might consider tying into those, but we are requesting that we not be required to make the connection to Camelot. Mr. Barrett said he understands there are several people here from Camelot Subdivision that do not want the connection. We have the two connections required by the fire code. The other issue is the open ditch along the north side of the property. Mr. Barrett said our position on that is enclosed drainage systems are required within the right-of-way. This existing ditch is at the back of the proposed lots, with developed lots already draining into the open ditch. Mr. Barrett said he is concerned about impeding drainage from the developed lots. There have been numerous subdivisions approved with open ditches, including one recently. Mr. Tony Jetton said the covenants will require minimum 2,000sf homes. The last phase of Brookside just north of Overland Park was 2,200sf. Our minimum would be slightly smaller. Mr. Barrett answered questions from Sharon France (audience) in regard to lot sizes. The minimum lot is one quarter of an acre. Mr. Jetton said the houses will be a minimum of 2,000sf for a single-story, with 2,000 to 2,400sf for a two-story. Mr. Jetton 2 said he is following what was done in Brookside. The Brookside and Brookview covenants are the model they were using. The development will include underground utilities, nicer street lighting throughout that neighborhood, sidewalks on both sides of all streets. There will be a nice entrance off of 12th Street. We are looking at something that is upscale here for the price of the lots. We don’t see putting houses in here at less than $225,000. Noma Kellner, of 2710 Camelot, said her house borders the now-open field and she is directly affected by the proposed connection. She asked if the minimum floor area was for just the heated and cooled area, or if it included the garage. Referring to the plat, Ms. Kellner said the new lots would be approximately half the size of the lots in Camelot and she could not see how 2,200sf houses would fit. Mr. Jetton replied that garages and porches are not included in the area requirement. Mr. Jetton said there are 82 lots. Chairman Boyd asked City Planner Harris if this subdivision met the requirements of the zoning code. Mr. Harris said yes. Duane Norris, who lives on Lancelot Drive, asked if a stormwater management plan had been submitted. He said he was worried about houses on Lancelot Drive. He wanted to know if the plan had been approved by the Planning Commission. Morgan Barrett said the detention pond is a City project. Once the Overland Park preliminary plat is approved, a stormwater plan will be created. Mr. Norris asked if this work had been approved by Planning Commission. Chairman Boyd said it is reviewed by the City Engineer. Mr. Norris asked if approval had been given. Chairman Boyd said it has not come through the Planning Commission. Commissioner Perkins said the City Engineer approves drainage plans, not the commission. City Planner Harris said this step of the subdivision process is called Preliminary Plat review, in which basic aspects of the subdivision, like how big the lots are, how many lots, basic street layout, etc. are reviewed. The preliminary approval is to let developers know, before they commit lots of money, whether their development has a shot at getting final approval or not. It is part of a multi-step process, so they don’t sink tons of money into something that has no hope of being approved. Fully addressing technical questions like drainage is not required of the developers at the preliminary plat stage. Morgan Barrett said he hoped that all could see the benefit of this subdivision to the City. There is not much residential development happening other than some subsidized housing. This is not subsidized housing, this is private investment and high quality development. It is a very high expense to the developer. This is the first subdivision that has been submitted since the City Council passed the regulation requiring underground utilities in every subdivision, with sidewalks on both sides of the street. I don’t understand some of the issues. This is going to be a high quality development. Chairman Boyd asked for some discussion in regard to connectivity and underground drainage. He said he would like to hear from City Engineer Oakes. 3 City Engineer Oakes said we have already responded to comments that “the connection does not benefit anyone.” Connectivity is one of the benefits of a grid-street system that distributes traffic throughout an area instead of creating congestion by concentrating it on a few collectors and major roads. Cities with finely-grained gridded street systems have fewer traffic congestion problems. Importantly, we can all see that the developer - when they looked at the property - saw two stub streets coming into this piece of land. They had to have been well aware the stubs were there. I think we can all understand that those stubs are there because a previous Planning Commission and previous City Council voted to have them there as a part of the previous development. I doubt that they were volunteered by the developer. They would not have been much benefit to the developer of the previous development. They only benefit the new development. Mr. Oakes continued by stating that this was a classic conflict he had witnessed over his entire career. Sometimes the connectivity comes 20 or 30 years later, but it is up to us to be consistent with that policy so that we wind up with a finally-gained grid network which disperses traffic, keeps neighborhoods safer, and slows traffic. The 2020 Comphensive Development Plan for Russellville Arkansas Goal 4, Objective 3 states, "Where appropriate, continue to extend the grid-pattern street network to interconnect streets throughout the City." That is a mandate. It also goes on to say, "Require internal street systems within multi-family development to enhance circulation." Another objective in the same section of the Plan states, "Develop a system of bike trails, bikeways and pedestrian ways and ensure accessibility issues are addressed for person with disabilities." So, the more connectivity we have, the better it is for all of us, including those with disabilities. Mr. Oakes said he respectively suggests that, first of all, good planning and good transportation require good connections of the streets. The extension of stubs is always problematic for the reasons we have before us right now. If we want the future of our City to be well-connected and to have a good transportation system and not be congested, then this is the kind of thing that we need to do. To cause that to happen in an orderly manner and to provide for everybody’s needs in every neighborhood is what creates strong neighborhoods. It will be good for neighborhoods that are out there, and it will be good for new neighborhoods that come along. So, I respectively suggest that we shouldn’t make 100-year decisions based on each individual development. This is a 100 to 200-year decision and that is why we have developed the Master Plan to help guide us through the process. Commissioner Perkins asked City Engineer Oakes to comment on his requirement that the developer replace the ditch along the north property line with an urban (underground) system. Mr. Oakes said we are talking about trying to deal with basically what is rural drainage in an urban situation. What comes off the end of Camelot Street is a tail-ditch. Whenever you do a development and you get to an edge and the water is still going, you are not expected to go ahead and take it out to some place off your development site. You just drop it off and let the flow move to some watercourse waiting for future development to pick it up. This is an urban development with properly 4 sized lots, but not huge lots. The results of having an open drainage ditch running through these lots will be demands made on Public Works. They may not be made by the first residents or maybe by the second residents, but sooner or later one of those families will be wondering why it is that they have that drainage through their yard, and they will want Public Works to come out and maintain it. Mr. Oakes said it’s not a big thing to ask that the street be connected and the drainage be connected at the same time. Mr. Oakes said he had a call from an individual that lives in the development just to the north and they are concerned about drainage, and whether that ditch would possibly be smaller than it is right now, or possibly would be put on their property. With our regulations and with our principles, I don’t see that he has a problem. The main thing is to be able to pick up the water and run it across the lot in 3 x 3 or 4 x 4 drains. It is a very common practice and everybody that has done this work knows how to do that. We are not going to impede their drainage by requiring that it be underground. Commissioner Patel asked about the drainage that runs east-west across the center of the property. Is it going to be underground, too? Mr. Oakes said that drainage goes into the pipe, then into the detention pond. Commissioner Perkins asked City Engineer Oakes to comment on whether developers should be required to add pavement, sidewalks and curb/gutter on 12th Street to match the final cross section. Mr. Perkins asked the developer's representatives if they had objections to that. Mr. Jetton said they planned to put in curbs and sidewalks within the subdivision. Mr. Perkins said he recommended that the City extend the sidewalk east to connect with existing sidewalks so there would be a sidewalk from Overland Park all the way to the east side of the City. It would be a really nice addition to your subdivision to be able to do that. There are sidewalks within 300 feet east of there. Morgan Barrett said that existing right-of-ways are not subject to the subdivision regulations. Commissioner Perkins said he was suggesting that the City continue the sidewalks from Overland Park to the east. If the developer were to install the sidewalk across the subdivision, then the City should extend it from there to the east, or at least include it in their Capital Planning. Mr. Oakes said he agrees that if the developer and the Planning Commission agree that sidewalks should be built along 12th Street by the developer, then the City should put it in the 2014 Plan to make the connection, even though it may not be approved. Mr. Oakes said the other conditions talked about are appropriate with our regulations, but the sidewalks, while they would be in the neighborhood's and the City’s interest, are not a condition. I am not recommending that as a condition as with the other items. Alderman Richard Harris said an individual that lives in the adjoining neighborhood had asked him a question about traffic flow studies for this particular development. Has a study been done? Mr. Oakes answered no. 5 Morgan Barrett restated the developer's position that the connections to Brookside and 12th Street are more than adequate. The connection to Camelot does not make sense. It will not connect to the east. There was an opportunity to connect to the east but the City's detention facility blocked off two potential connections for grid street development. This development lends itself to a non-grid street development because South Waco was blocked by the City’s detention project, as was an east-west street. Because the City did not extend those streets, we cannot continue the grid development. The only benefit of the connection with Camelot would be to connect to Inglewood, which is 400 or 500 feet away, but a connection will be made to 12th Street, so traffic can go that way. Mr. Barrett stated that regarding the ditch, the Code requirement that it must be an underground system only pertains to drainage within the right-of-way. The proposed ditch is not in the right-of-way. We followed the regulations and tried to come up with cost estimates for the developer to look at based on the regulations. For us to introduce requirements at this time that are not consistent with the regulations is difficult at best and does not send a good message to developers in my opinion. There have been developments approved with open ditches. There is a recent development with an open ditch in the right-of-way on Fairway. I don’t understand the issue with the ditch. It is an existing ditch and when people buy the lots we will have an option to enclose segments of it. We plan on doing a design for an underground drainage system so that if builders, developers or owners want to enclose it, they will be told the appropriate pipe size and where to locate inlets. But at this time, we request that we be allowed to follow the regulations and install the storm drainage as submitted. Chairman Boyd asked the City Planner for his recommendation on connecting to Camelot. City Planner Harris voiced his opinion that Mr. Oakes' comments on the importance of connectivity reflect widely accepted views. Greater connectivity means there are routing options, so that you avoid an overwhelming amount of traffic winding up on just two or three streets. You avoid the creation of long uninterrupted blocks where you must drive the equivalent of several blocks to visit somebody who lives 200 feet away. I don't think a study has been done, but if you look at how the connection fits into the existing street pattern, it seems apparent there would be additional traffic using Camelot, but it would not be a large increase. The connection would not offer a shortcut for through traffic, but would disperse the traffic that otherwise would mostly use Durant. I agree with the City Engineer that this connection is worthwhile. Chairman Boyd asked Mr. Harris for his opinion about the drainage issue. Mr. Harris said he deferred to Mr. Oakes on drainage questions. Mr. Harris offered his opinion that sidewalks are required within the subdivision, but not along 12th Street. Commissioner Perkins asked Mr. Oakes if the developer installed curb and gutter along 12th Street, would the City pave that segment. Morgan Barrett said curb/gutter along 12th would be part of this project. Mr. Perkins asked if that included doing curb/gutter and asphalt to connect all the way across the street. Mr. Barrett said no. 6 Commissioner Perkins then asked Mr. Oakes what the City would do. Mr. Oakes said street improvements are in Phase II of a project under consideration, but he could not comment on completion of South Inglewood and 12th Street at this time. Mr. Perkins asked if the developers would pave to the top of the curb, or would they leave it a couple of inches below and the City could pave the rest. Mr. Oakes said when the City did the other side of the street; paving was brought all the way up, thinking in terms of Phase II. Mr. Oakes said Phase II would include milling existing pavement to create the proper surface. Commissioner Perkins asked if that meant milling the street when you are ready to pave it. Mr. Oakes said it probably would include milling, but he did not know when it would happen. Mr. Oakes said there was a comment earlier that the City built a detention basin to keep a neighborhood from flooding, and to cut a 25-year storm in half. The impact the basin will have on drainage will render adequate three bridges that are currently undersized by half. The only place available to create the basin was the large open tract of land just east of Overland Park. That land happened to have two stub streets from adjoining developments. We considered the requirements and the needs and decided that the benefits of building a drainage facility that would create those benefits would be worth losing the ability to connect with those stub streets. There are no benefits to the City for not connecting the Camelot stub. If the stub is built the City gets an additional connection. A connectivity analysis shows the area is about a 1.2/1.3 rating now. A perfect rating is 2.5, with the minimum requirement typically 1.4. They are close to minimum. If they provide the connection they will be at 1.5 and thus over minimum. Connectivity is well recognized as a plus for any City. This is not rural development. They know from working with me on rural developments that I made some suggestions to help on those. This is a different kind of development. Ms. Noma Kellner, who lives at the corner lot at 2710 Camelot right by the open field, said her house would be directly affected by opening Camelot. Ms. Kellner stated her neighbors do not want to connect. We understand they are talking about connectivity and increasing access to the area, but we are talking about a neighborhood that has been established for 40 years. Camelot goes downhill and is almost a straightaway. We are already the main entrance and exit for Ridgewood, Tanglewood, Lancelot, and Camelot. The dead-end stub is the only thing that slows traffic. Drivers slow because the stub does not connect. If it is opened you will have a straightaway similar to Inglewood, where cars speed all the time. This is a quiet neighborhood with older people and a few young families with kids. Cars will zoom down the connection to the new neighborhood. We are concerned with traffic, safety and noise. We are now getting the detention drainage and we are in the middle of that ditch. We have bad drainage problems, and it would really decrease the quality of our lives to connect that stub. Morgan Barrett said what the developers are asking to do makes sense. Planning principles change. I think Mr. Harris can tell you that planning principles regarding what is best have gone back and forth in 20-year cycles. The situation we are being put in 7 makes no sense and I think when you look at the big picture regarding connectivity, the connection does not make sense. We ask you to approve the plat as submitted. Mr. Jim Lee said he called Mr. Oakes to talk about drainage concerns. Mr. Lee asked if open drainage would be allowed along the north side of this new subdivision. Mr. Oakes said his recommendation was to use a culvert. Mr. Lee asked for clarification of the comments about homeowners developing the drainage system themselves. Mr. Lee said he had a problem with that. Mr. Lee said he preferred the underground culvert. If you have open drainage the homeowners can cover it up or develop some type of drainage system. Then where is the water going to go? Commissioner Patel said it will go to the detention pond. Morgan Barrett said it will be a design for underground drainage system that homeowners could follow. Mr. Lee asked if it would be open. Mr. Barrett said it is open now. Mr. Lee said the drainage is on their property. He asked if developers were going to move that drainage to the property line. Mr. Barrett said the trees that are on the property will have to be removed and fenced to put the drainage underground on the north side. We will do just like it is now. Morgan Barrett said if the drainage stays on the back property line and they put it underground they would have to dig holes and have side slopes and go back and probably take all the trees out. Mr. Oakes said I’m recommending that the drainage be an urban system in culverts going out through Camelot and down that street. So it would not take out any of those trees. We could put this drainage in a culvert and not touch those trees on the property line. Mr. Oakes also challenged Mr. Barrett's statement that planning principles change every 20 years. Some things change and some things don’t. These regulations, or these policies, that I referred to earlier are over 10 years old and they are part of the 2020 Comprehensive Plan. They have been around for a long time. This City was built on policies favoring connectivity except during the period when sprawl, suburban development and cul-de-sacs were popular. We lost sight of that, but we are coming back to it, because we obviously are looking to enhance sustainability. We are looking at neighborhood safety, sustainability, and property values. It is well recognized that connectivity, walk-ability, and bike-ability are seen as assets. Mr. Oakes said he was reading a book right now that talks about $83 a square foot increase for every point of walk-ability you gain. It is really good for property values to have good connectivity and that does not change every 20 years. Tony Jetton said he had offered to install a hard-surfaced pedestrian/biking path from the Camelot stub into Overland Park. Mr. Jetton said he would be happy to do that so people in Camelot would have access to the walking path. Mr. Jetton also stated that the open ditch running east-west through the center of the property would be redirected into a culvert and a hard-surface walking path would be provided down the center of Overland Park so that people could either go around the circle or walk straight down the center. That would provide access to the park from many of those areas. Morgan Barrett stated again that requirements being discussed for underground storm drainage are only required within the right-of-way. This is not in the right-of-way. 8 Surface drainage has been done at other recent developments. I don’t know why this development is being singled-out. We have submitted plans that are consistent with the regulations on storm drainage. Everything you see within the right-of-way is going to be underground and consistent with the code. Chairman Boyd stated that he was inferring from the discussion that leeway was more likely to be offered in more rural developments such as Riverstone than in subdivisions like Overland Park located in the middle of town. Mr. Boyd ventured that perhaps the City Engineer believes this subdivision needs to be as high-end as it can. Mr. Barrett said there is an open ditch in the right-of-way at a development on Fairway. In our development we utilize an existing ditch. We will decrease the runoff going to this ditch. We are intercepting it and decreasing how much water will be going to the ditch. Mr. Ken Campbell (1015 Lancelot) said his was the second lot off 12th Street. Mr. Campbell said putting two entrances/exits right together (Durant and Camelot) did not seem feasible. Mr. Campbell also stated that much of the rainwater that comes off Skyline in heavy rain does not go down 12th Street as much it comes down Lancelot. He said he had had as much as two inches of water running through his backyard going to the property where Overland Park is being developed. There was a ditch back there off 12th Street that we covered up, but I’m concerned that the level of the new lots is higher than existing yards in Camelot. There probably are going to be water problems. Morgan Barrett said none of the drainage will be directed toward Camelot. The water will continue moving east even though dirt has been moved around. The lots will still slope to the east, especially the ones right up against the east property line of Camelot. Mr. Leon Anderson (1012 Lancelot Drive) stated that most of the people were at the meeting with concerns about the water issue. This past year we have had downpours lasting 2 to 3 hours. Mr. Anderson said he had water in the crawlspace underneath his house, and he lived on the high side of Camelot. The issue is the railroad, but we cannot move the railroad. The issue is water getting to a location too quickly and then backing up. That is when the flash-flooding takes place. I don’t know which way it works best to get the flow out of the developed area without preventing a beautiful area from being developed, but we should take care of those houses that are already there. Chairman Boyd asked City Engineer Oakes to speak about the issue of drainage, and to illuminate the review process on drainage issues. Mr. Oakes said staff had not seen the drainage plan. Construction plans will be submitted and we will review them. Mr. Oakes said he had worked with Mr. Barrett and knew he understood drainage. We understand your concerns and I think we can take of them. We are not going to make anything worse where you live as far as drainage is concerned with this development. Mr. Oakes also noted that he did not think there was any open drainage on Fairway that ran through any lots. 9 Morgan Barrett answered a question from someone in the audience about the lot sizes. Mr. Barrett said he encouraged neighbors to visit cities where small lot development has occurred. There is a market for nice houses on smaller lots. Chairman Boyd said this is beyond our discussion here. Chairman Boyd asked if the commissioners had any questions or comments. Commissioner Perkins moved to grant preliminary approval to the plat subject to provision of a connection to Camelot Drive and replacement of the ditch along the north line with an underground system with manholes at a maximum spacing of 400 feet. Commissioner Patel seconded. Mr. Barrett said before a vote is taken he wanted to make clear that the approval with conditions is not what was being asked for. The developer may not want the motion with conditions approved. Tony Jetton needs to think that over and determine if he will move forward with this if the conditions are part of the approval. Mr. Perkins said that is his prerogative. Mr. Barrett said you are amending the request. Mr. Perkins said I am going along with the City Engineer’s recommendation. Mr. Barrett said that is not what the developer asked for. Mr. Perkins held to his motion. Mr. Barrett said approval of the petition as submitted was what they were requesting. Mr. Perkins said if that was it, then he would recommend disapproval of the subdivision. Mr. Barrett said if that is the motion. Mr. Perkins said I had made a motion and I am sticking with my first motion. Mr. Barrett said I think you are sending a pretty poor message to developers. The request is for approval as submitted. Chairman Boyd asked City Attorney Smith to confirm his understanding that if there was a motion on the floor then the commission needed to deal with that motion. Mr. Smith asked if there was a second. Chairman Boyd said yes. Mr. Smith said the motion should be dealt with. Chairman Boyd asked if there was any further discussion before the motion was put to a vote. Chairman Boyd repeated the motion to make sure it was clear: We have a motion and second to approve the Preliminary Plat with the caveats that the connection to Camelot Drive is provided and that the drainage be handled utilizing an urban, underground system. On a voice roll call vote, Patel and Perkins voted yes, with Davenport and Standridge voting no. Without the necessary five votes, the motion failed. Morgan Barrett said it dies here at the Planning Commission. A development of 26 acres in the City limits with 82 lots, and it is going to die at Planning Commission. Chairman Boyd told Mr. Barrett said he could appeal the decision directly to the City Council. Mr. Barrett asked City Attorney Smith if that was accurate. Mr. Smith said yes. Mr. Barrett asked where that verbiage was because he had not been able to find it. Mr. Smith said it was State law. Mr. Barrett said okay because it is not in the Land Subdivision & Development Code. The Fourth Order of Business was a Public Hearing requesting to review and recommend approval to the City Council to rezone property at 503 East 3rd Street from C-2 (Highway Commercial) to M-2 (Heavy Industrial Manufacturing), submitted by Michael Miller owner of Cooling & Applied Technology, Inc. (C.A.T.). (ZO.13.09.173) 10 City Planner Harris stated this was an existing industrial concern (CAT). They have a fairly large property there. All except one little corner right where East 3rd crosses Erie is zoned M-2. It is an unusual intersection with four very different uses occupying the corners. That is an existing circumstance. The existing use on the property they are asking to rezone actually should not be taking place in C-2. The rezoning will bring the existing use into compliance. Mr. Harris said his recommendation was for approval. Commissioner Perkins made the motion to approve as requested. The motion was seconded by Commissioner Patel and passed unanimously with five votes. The Fifth Order of Business (5a). A request for a variance from LS&DC 9.1.G (8) to allow an additional 40 feet over the maximum 200-foot stem length for pipe-stem lots, for property located off Barborek Lane, submitted by Dave Garza of Barrett & Associates on behalf of R.T. Brown. (SD.13.099.267) (5b). A request to review and approve a Minor Subdivision/R.T. Brown Addition, located on Barborek Lane, submitted by Dave Garza of Barrett & Associates on behalf of R.T. Brown. (SD.13.09.267) (5c). A request that the Planning Commission grant authority to the Public Works Director to sign the Minor Plat for recording upon approval, for property located off Barborek Lane, submitted by Dave Garza of Barrett & Associates on behalf of R.T. Brown. (SD.13.099.267) City Planner Harris said when considering a request on an existing street that does not conform to the LS&DC in numerous ways, flexibility is the order of the day. In such circumstances, if the City requires absolute compliance to the LS&DC and Zoning Code, it may stifle any hope of the land being developed, so flexibility is in order. How much is up to the commissioners. Mr. Harris then suggested the lot labeled 'Ron Knost' on the submitted plat be given a lot number. Mr. Harris suggested that the subdivider add 10 feet to the street easement across the Knost parcel as was done with the pipe- stem for the other lot. This would allow room if street improvements were done in the future, but would not require the current subdivider to bring all of Barborek Lane up to standards, which would be unreasonable and a prohibitively expensive requirement for a 2-lot subdivision. Mr. Harris further stated he did not believe this met the requirements for consideration as a minor subdivision because of the need for variances and dedication of additional right-of-way. I do think it requires Planning Commission approval and the PC Chair's signature rather than just the Public Works Director's signature. That is just a procedural point and does not change any facts of the matter. There is no way they can justify the expense of bringing Barborek up to snuff with a two lot subdivision. Commissioner Perkins said none of Barborek Lane was more than 15 feet wide. It would be massively expensive to bring it up to City standards. Mr. Harris agreed. Mr. Garza said Mr. Knost has already agreed to giving his parcel a lot number. Mr. Garza said he could change the plat and make sure the Chairman’s signature block is added. We will just go though the regular process. Commissioner Perkins made the 11 motion to approve 5a and 5b and not 5c. The motion was seconded by Commissioner Patel and passed unanimously with 5 votes. Meeting Adjourned ________________________________________ Chairman Dennis Boyd 12