Planning Commission

PLANNING COMMISSION MINUTES November 29, 2022 @ 5:30 p.m. The Planning Commission held a meeting on Thursday November 29, 2022, at 5:30 p.m. in City Hall Council Chambers. Commissioners Present Wendell Miller, Chairperson Don Jacimore, Vice-Chairperson Justin Cothren, Secretary Larry Smith Eric Westcott, City Council Liaison Cody Black Cheryl Monfee Luke Duffield Commissioners Absent John Choate Shirley Hatley Visitors: City Planner Sara Jondahl, Planner I Victoria Marchant, Planning Intern Bryson Kordsmeier, Planning Intern Caden Lemley, Mayor-Elect Fred Teague, Flood Plain Manager Ben Gray, Don Stout, Al Sotomayor. Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Planning Commission Meeting November 3, 2022. The Second Order of Business is REQUEST TO TABLE BY APPLICANT Special Use Permit to allow an Automobile Wrecking, Salvage or Junkyard, located at 4320 E Main St. Submitted by Tina Estep on behalf of Roy Chisum. (SPUP-0922-000276) Commissioner Cothren makes a motion to approve, the motion is seconded by Commissioner Duffield. The motion passes unanimously. The Third Order of Business Vacation of 15’ of N Hartford Right-of-Way along Lot 7 Blk 3 of the JL Shinn Addition located at 805 E Parkway. Submitted by Don Stout on behalf of Rachel Hardester. (VAC-1022-000289) City Planner Jondahl states that the application presented was tabled last month, but staff had received all of the letters from the utility companies so that the application could be continued. She states that the applicant is requesting a 15’ vacation of ROW along N Hartford Ave at 805 E Parkway. The existing conditions for this property include: 1. Zoned C-4, Neighborhood and Quiet Business, along East Parkway Drive. 2. 80 foot ROW for a local street, City Planner Jondahl states that the red hash area presented on the slide is roughly how large the vacation would be and notes that there would still be plenty of right-of-way remaining for public works and utilities to get in and maintain the facilities in that area. 3. Properties north are zoned R2 Medium Density Residential 4. Properties on Parkway are neighborhood Commercial, such as an insurance office, some Medical clinics, and some residential. City Planner Jondahl states the staff Review Comments as follows: 1. Public Trust: There is an existing 80 foot ROW where only a 50 foot ROW is required. By allowing to move forward with plans to expand the retail business and parking lot. The area where the current ROW is will be future parking lot for the proposed improvement. 2. Land Use Impacts: The impact is that the property owner has development rights over this portion of their property allowing the owner to build the proposed parking lot as part of the proposed site improvements. Summit Utilities does have a Gas Main and requests a 15 foot easement, however parking lots are permitted within dedicated easements. 3. Public Benefits: There is neither a benefit received or reduced by vacating the Right-of-Way since this ROW is 80 feet and the existing area to be vacated is currently maintained by the property owner since the city maintained payed street is not located within the area to be vacated. As a result, staff does recommend approval for the vacation of the ROW with the following condition: 1. Retain the 15 feet as a Public Unity Easement for Summit Utilities. As a result of the findings below: 1. There is not an impact to the Public Trust, Land Use Impacts, and no adverse effects to the Public Benefit;and 2. No objections filed by any utility company for the Vacation; and 3. Summit Utilities has a main in this area of the vacation of the Right-of-Way and requests retention of an easement Commissioner Smith asks how much ROW does the gas company need stating that it is just 15’. City Planner Jondahl responds that it is unclear in the e-mail and she tried to clarify, but she knows that they do have a gas main in that area and they wanted to maintain that 15’ easement. She states that the gas main is in the portion of the ROW that is going to be vacated and they are just going to retain the easement. The line is underground, and it will not impact the property owner being able to expand their parking lot and make their improvements. City Planner Jondahl also states that Summit Utilities have the right to still go in and work on their main line. Commissioner Smith states that if something is to happen to that main line, then they would have to dig up the area that lies above the line. Commissioner Black makes a motion to approve the application as presented. Commissioner Monfee seconds the motion. The motion passes unanimously. The Fourth Order of Business Vacation of a 10’ utility easement on the west and north sides of Lot 56 of Marina Heights, located at 103 Dawn Circle. Submitted by Al and Tammie Sotomayor. City Planner Jondahl states that from the picture presented on the slide that the easement is on the north side of the property and the owners own a portion of the east side expanding from their existing property. City Planner Jondahl states that Existing Conditions of the property as follows: 1. Zoned R-1, Single Family Residential along with all surrounding properties 2. Ten (10) Foot Utility Easements platted along each exterior side property line. 3. Dawn Heights Subdivision off Marina Road. City Planner Jondahl states staff Review Comments as follows: 1. Public Trust: this proposal is requesting to vacate an unused public utility easement along two of their property lines. Historically when subdivisions were platted public utility easements were prescribed along all property lines giving utility companies the ability to run lines in these locations without having to request an easement from property owners. Today most utility lines are located along the rear property lines as designed during the subdivision process, but the preferred location is within the ROW or along the front property line within the front utility easement. 2. Land Use Impacts: The impact is that the property owner has development rights over this portion of their property allowing the owner to build the proposed accessory structure in their backyard. During the building process they will need to complete the new property boundary verification or replat if the new code is not adopted prior to submitting their building permit and site improvements since the proposed building is located across the property line. 3. Public Benefits: It is a public utility easement where no utilities are installed. There is neither a benefit received or reduced by vacating the easement since it is not being utilized. Commissioner Monfee makes a motion to approve the application. Commissioner Jacimore seconds the motion. The motion passes unanimously. Meeting Adjourned ______________________ Chairperson