September 2019 Minutes

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P & Z Meeting Minutes

September 3, 2019 7:00 P.M.

Members Present: Joe Gallant, Kami Patrick, Jarad Giddens, David Young, Chance Peebles, Sarah Bader, Robert Wilson, Loren Winter

The minutes from August 6, 2019 were approved with a motion by Sarah Bader and a second by Jarad Giddens. All voted aye.

The agenda was approved with a motion from Joe Gallant and a second from David Young. All voted aye.

Visitors:

None

Agenda Items:

19-9-01/02/03 Vacation of Easement/Minor Subdivision/Preliminary Plat and Subdivision Exception

 Staff Report:  

 

Scott Godbey presented the staff report for the Vacation of Easement/Minor Subdivision/Preliminary Plat and Subdivision Exception.  Mr. Godbey stated that he would be presenting all 3 cases together, but the Commission would need to vote on each one separately.  Wasson Family Limited Partnership submitted a Minor Subdivision request along with a Vacation of Utility Easement for the undeveloped tract of land along and north of Old Wilderness Road currently ends.  The Minor Subdivision request will combine the undeveloped Lot 4A of the Wasson Commercial Development, with 5 acres directly to the North to create Lot 1 of Phase 2 of the Wasson Commercial Development. To combine the 5 acres with the existing lot, Wasson Family Limited Partnership is requesting the Vacation of the 10’ Utility Easement that runs along the north property line of Lot 4A.  The created lot will become immediately developable with access to Old Wilderness Road.  They are also requesting a Preliminary Plat for Wasson Commercial Development Ph 2 & 3, along with an Exception to Subdivision Regulations.  This development is a proposed 12.38-acre commercial development and is generally located on Old Wilderness Road approximately 700 feet north of Wasson Road. The site is zoned Highway Commercial (HC). The proposed plat consists of 7 total lots, with 5 being suitable for commercial buildings.  West of Hwy. 160, along and North of where Old Wilderness Road currently ends. The Subdivision Exception is for lots 6 and 7. Both lots are an unusual configuration due to the nature of the proposed extension of Old Wilderness Road. A sign would be located on either lot 6 or 7 with the height of the sign being reduced from 35 feet to 21 feet to accommodate the setback requirements. Staff recommends approval with conditions as stated.

Joe Gallant asked about flood water.  Travis Cossey stated that there is an underground box culvert that will handle the flow of water along with a drainage easement located in the back yards of the houses along N Clover Ct.

Sarah Bader asked what the requirements were for the sign height and difference between and exception and a variance.  Mr. Cossey stated that an exception occurs at the time of a preliminary plat and a variance is after.  He also stated that with the height of the sign the setback is equal to the height of the sign.  There is not enough room to provide for a 35-foot sign. 

Jarad Giddens asked if these lots have always been zoned Highway Commercial and how long they have been there.  Mr. Cossey stated that yes they were, they were platted and zoned in the early 90’s.

Public Hearing

Loren Winter opened the Public Hearing to anyone who would like to speak concerning this application.

Paula Delaqueseaux, 610 N Clover Ct, expressed concerns over the drainage behind her house.  Mr. Cossey stated that the drainage was designed to go through the backyards at that location.  Even though it looks like it is flooding it is where it should be and the 10 ft concrete channel is just a trickle channel.  The easement is a 42.5-foot drainageway and this takes up most of the back yard. 

Ron Anderson, 706 N Ellen, is upset that the trees are being taken down.  Loren Winter stated that unfortunately the property owner has the right to take down trees and develop the lot. 

Ross Jahn, 508 N Clover Ct, stated that he has lived at this location for 4 years.  There have been no problems with vandals or anything of that nature.  He has concerns with the development that this will change.  Mr. Jahn asked what was being proposed?  Mr. Jay Wasson stated that he could now say that it will be a Cox Health Clinic going in.  Mr. Jahn asked how tall it would be.  Mr. Cossey stated that it would be 3 floors at the tallest. 

Carol Clark, 604 N Clover Ct, asked what the requirements would be for a buffer zone.  Mr. Cossey stated that there is a requirement to have opaque screening between 2 differing zoning areas.  They could provide this with fencing or landscaping. 

David Shanholtzer, 708 N Ellen, has concerns about drainage and flooding.  He feels that building will make these issues worse.

Discussion

Joe Gallant stated that the flooding along the fence line has always been a problem.  Clayton Hines addressed the flooding concerns.  Mr. Hines stated that the storm water design is doing the job it was supposed to do.  He hasn’t heard of any water getting in the houses, just in the yard.  Which is what it is designed to do.  A drainage easement is designed to have water in it.  This is a natural water shed area, with the flood that occurred in 2008 and none of the houses had water, then it was working correctly. 

Jarad Giddens asked if any water had gone in the houses when it flooded and shut down 160.  There was none. 

Robert Wilson stated that he was confident that as each lot is developed this will be addressed. 

Discussion

With no further discussion, Jarad Giddens made a motion to approve the Vacation of Easement with a second by Robert Wilson.  All voted aye.

Robert Wilson made a motion to approve the Minor Subdivision, with a second by David Young.  All voted aye. 

Jarad Giddens made a motion to approve the Preliminary Plat and Exception to Subdivision Regulations with a second by David Young.  Robert Wilson, Kami Patrick, Jarad Giddens, Loren Winter, Sarah Bader, Chance Peebles voting aye.  Joe Gallant voting nay.  Motion passed.

Planner’s Report

Mr. Cossey stated that each Commissioner had 2 handouts in their packets for them to review.

Mr. Cossey stated that Mr. Steve Huff had resigned his position on the Commission.

With no further business, Jarad Giddens made a motion to adjourn with a second by Joe Gallant.  All voted aye.