The second session of the January agenda meeting reconvened at 4:00 p.m. on Friday, January 30, 2004 in the City Commission Room.  Members present: Burress, Angino, Riordan, Lawson, Schachter, Schenewerk, Eichhorn, Johnson and Haase.

Staff members present: Finger, Stogsdill, Day, Dyer, Tully, Patterson and Saker.

The Commission voted unanimously to rearrange the agenda from the order agreed upon at the January 28^th meeting, beginning with Item 15.

ITEM NO. 15A:              ANNEXATION OF 29.7271 ACRES; NORTH OF CLINTON PARKWAY AND EAST OF K-10 HIGHWAY (SLD) 

                                    A-12-15-03:  Annexation request for approximately 29.7261 acres of land, located north of Clinton Parkway and east 926’ from K-10 Highway (SLT).  Submitted by Peridian Group, Inc., for Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., property owners of record.

ITEM NO. 15B:  B-3 TO C-5; 11.5587 ACRES; NORTH OF CLINTON PARKWAY AND                               EAST OF K-10 HIGHWAY (SLD)         

Z-12-48-03:  A request to rezone a tract of land approximately 11.5587 acres from B-3 (Limited Business) District to C-5 (Limited Commercial) District.  The property is generally described as being located north of Clinton Parkway and east of K-10 Highway (SLT).  Submitted by The Peridian Group, Inc., for Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., property owners of record.

ITEM NO. 15C:               B-3 TO RM-2; 18.9332 ACRES; NORTH OF CLINTON PARKWAY AND EAST OF K-10 HIGHWAY (SLD) 

Z-12-49-03:  A request to rezone a tract of land approximately 18.9332 acres from B-3 (Limited Business) District to RM-2 (Multiple-Family Residential) District.  The property is generally described as being located north of Clinton Parkway and approximately 508’ east of K-10 Highway (SLT) right-of-way.     Submitted by The Peridian Group, Inc., for Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., property owners of record.

ITEM NO. 15D:         B-3 TO RM-1; 20.1626 ACRES; NORTH OF CLINTON PARKWAY AND EAST OF K-10 HIGHWAY (SLD)         

Z-12-50-03:  A request to rezone a tract of land approximately 20.1626 acres from B-3 (Limited Business) District to RM-1 (Multiple-Family Residential) District.  The property is generally described as being located north of Clinton Parkway and approximately 508’ east of K-10 Highway (SLT) right-of-way.     Submitted by The Peridian Group, Inc., for Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., property owners of record.

ITEM NO. 15E:  PRELIMINARY PLAT FOR LAKE POINTE ADDITION; NORTH OF                                       CLINTON PARKWAY AND     EAST OF K-10 HIGHWAY (SLD)           

                                    PP-12-15-03:  Preliminary Plat for Lake Pointe Addition.  This proposed multi-family residential and commercial subdivision contains approximately 29.7261 acres and is located north of Clinton Parkway and east 926’ from K-10 Highway (SLT).  Submitted by Peridian Group, Inc., for Yankee Tank Investors, Yankee Tank Investors, L.C., and Alvamar, Inc., property owners of record.

At the January 28^th meeting the Commission voted unanimously, 9-0, to deal with Items 15A – 15E at the meeting extension scheduled for January 30, 2004, at 4:00 p.m. after the applicant indicated deferral to February would create significant problems.  It was agreed these Items would be heard first on the extended agenda.

Items 15A – 15E were considered simultaneously as the first Item on the agenda at the meeting extension on January 30, 2004.

STAFF PRESENTATION

In response to Study Session questions about the extension of services to the subject area, Ms. Day explained the Fire Department’s estimation that they would be able to supply the area, but this would maximize the department’s capacity. 

The Fire Department had expressed a preference not to serve intensive commercial uses at this distance and it was noted that the development may be required to carry additional insurance to maintain the City’s ISO ratings.  A new station was anticipated for completion in late 2006. 

Ms. Day described the subject property and the surrounding area/uses, including a large area to the west that was developed but not yet annexed into the City. 

In Staff’s opinion, now was the time to ensure north-south street connections by obtaining adequate right-of-way through the platting process.  Due to topographical concerns, there were certain connections that would not be feasible, but the applicant was willing to dedicate right-of-way with this project for an eventual north-south route.

Ms. Day said the Comprehensive Plan identified this area as appropriate for single-family, low-density commercial and multi-family uses, all of which could be appropriate in the subject area.

It was noted that the acreages described in the zonings did not match that reflected in the plat because zoning boundaries were measured to the street centerlines.

Staff described traffic configurations that were considered and abandoned for various reasons.

It was noted that the property to the east of the subject property was intentionally isolated, with no vehicular connection to the north or to the subject property. This was due to topographic conditions and location of an existing gas line.

Ms. Day compared allowable uses in C-2 zoning to those that would be permitted in C-5 zoning, noting C-5 uses that would suit the subject area that would not be permitted in C-2 zoning.

APPLICANT PRESENTATION

Mike Keeney, Peridian Group, said the original owner of the property, Bob Billings, had wanted to develop the area as a hotel and convention center.  This project had never come about and the property had been for sale for over 20 years.  The new owner proposed a development of owner-occupied 4-plex condominiums.

Mr. Keeney said the land had been priced to reflect its commercial zoning, and the sale had been dependent upon Mrs. Billings retaining considerable design control over the development.

The applicant did not think the property could develop enough rooftops to support the large commercial uses outlined for this area in Horizon 2020.  However, the area did have aesthetic qualities that would make the area marketable for the smaller number of high-end dwelling units being proposed.

Mr. Keeney described the basic design of the 4-plex units, explaining the site plan for 27 units (7 units per acre) with a clubhouse would be submitted the following week.  A bank and small two–sided strip center with no rear access were also proposed.

The applicant was not opposed to Staff’s recommendation for C-5 zoning for the western property instead of RM-2, since C-5 would still allow multi-family development, even with the new Code.

It was pointed out that the proposed development would be less intense than the commercial development that would be allowed by the current county zoning.

In response to questioning, Mr. Keeney provided examples of the design elements Mrs. Billings would control, including screening and building materials. 

Comm. Schachter addressed the concern of potential uses if the current proposal did not develop.  It was established that the only potential use that would be prohibited by C-2 zoning was a coffee-shop with a drive-up window.  Drive-up food facilities were not allowed in C-2 districts.

Mr. Keeney expressed no objection to the suggestion of PCD zoning.

PUBLIC HEARING - on rezonings only

Doug Garber, 1445 E. 920 Road, said he would like Lake Pointe Drive connected to Clinton Parkway to integrate the subject area into the City, and to provide support for the proposed commercial uses. 

George Paley, 1448 E. 920 Road, expressed the opposite opinion, being concerned that this connection would generate increased traffic in residential areas, particularly traffic associated with Clinton Lake (boats, trucks, etc.).  Mr. Paley said the road was not suitable for heavier traffic.

Jeanne Bronoski, 1428 E. 950 Road, said she was speaking on behalf of multiple property owners, including several members of the Breithaupt family who resided on four adjacent properties on E. 950 Road.  The Breithaupt’s mother had passed away and the funeral had taken place earlier that day.

Ms. Bronoski said the existing property owners had been told “from the beginning” that the subject area would be developed with office uses.  This was described as ideal for their situation since this would be a half-day use, quiet and dark at night. Blueprints for the office complex had been shown at a neighborhood meeting years ago and the residents had acclimated themselves to eventually having office development next door.

Ms. Bronoski said she understood the concept of change for the benefit of the community but felt this area was already dealing with its share of problems with the existing truck stops, the trafficway and Clinton Lake traffic.

Other concerns included the proximity of a natural gas line, curb cuts on Clinton Parkway, reduction in property values, and trespassing on existing properties and tampering with agricultural machinery, chemicals, etc. by residents of the proposed apartment complex.

Mr. Bronoski closed by stating Mr. Garber’s desire to connect Lake Pointe Drive was driven by his desire to develop his own property and that she and other residents had located there specifically to be isolated.  Nothing other than single-family development would be suitable for this area.

Comm. Riordan arrived at 4:50 p.m.

CLOSING COMMENTS

Mr. Keeney said the applicant had no opinion about the connection of Lake Pointe Drive, although it would make sense to obtain this connection now.

Mr. Keeney questioned Ms. Bronoski’s authority to speak on behalf of the Breithaupt family, pointing out no concerns had been communicated to the applicant or Staff at any time, including prior to the death of the Breithaupt’s mother.  Furthermore, Nancy Breithaupt had been the realtor involved in selling the property to the current owner.

The applicant felt this proposal was a good compromise between the single-family development suggested previously and the heavy commercial uses allowed under the current zoning.

Staff had no closing comments.

COMMISSION DISCUSSION

The Commission discussed different types of traffic calming devises, as well as the process and timing for improving and connecting Lake Pointe Drive to the north.

It was suggested the area would become more suitable for increased commercial development, as determined in the Comprehensive Plan, as residential development grew to the north and west. 

Staff was asked to comment on the process for possibly regaining the access that was lost in the approval of the Final Plat for the Yankee Tank property to the east.  Staff explained the Planning Commission could make a recommendation that the City Commission pursue this through the condemnation process, but it was likely to become a complicated legal issue.

Comm. Schachter said he had been considering asking the applicant to return with a PUD, but he now felt it would be more appropriate to deal now with the “mess” created by previous actions.  He suggested this project was an improvement over what would be possible under existing zoning and he agreed with the applicant that commercial opportunities were limited.

While there was no “good solution”, Comm. Schachter suggested using the Lesser Change Table to approve a PCD for the area’s commercial areas.  The Code was not clear on whether the Lesser Change Table could be used when the original request was moving from a County to a City zoning. 

Mr. Keeney did not object to a new rezoning request, but asked if the City would initiate this to avoid the cost of reapplication to the applicant.

ACTIONS TAKEN

Item 15A:  A-12-15-03

Motioned by Comm. Schachter and seconded to approve the annexation of 29.7271 acres located at the northeast corner of Clinton Parkway and K-10 Highway and forwarding it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report.

            Motion carried unanimously, 9-0

The Commission agreed unanimously to move to Item 15C.

Item 15C:  Z-12-49-03

Motioned by Comm. Johnson and seconded to approve the rezoning of 18.9332 acres from B-3 to RM-2 and forwarding it to the City Commission with a recommendation for approval, based on the following findings of fact:

1. The subject property is located at the intersection of two arterial roads;
2. Multi-family uses are shown here to act as a buffer between the single-family residential and the commercial uses; and
3. The access is not adequate to support heavy commercial uses.

Motion carried unanimously, 9-0.

The Commission agreed unanimously to initiate PCD-2 rezoning for the area involved in Item 15B.

Item 15B:  12-48-03

Motioned by Comm. Angino and seconded to table Item 15B to the March 2004 meeting.

DISCUSSION ON THE MOTION

Chairman Burress commented that “tabling” to a stated date and time was not correct.  The issue should instead be “postponed to a time specific”.

ACTIONS TAKEN

Revised motion on the floor was to postpone Item 15B to March 17, 2004.

            Motion carried unanimously, 9-0.

Item 15D:  Z-12-50-03

Motioned by Comm. Johnson and seconded to approve the rezoning of 20.1626 acres from B-3 to RM-1 and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

1. Approval and publication of an annexation ordinance prior to publication of a rezoning ordinance; and
2. Approval of a final plat.

Motion carried unanimously, 9-0.

Item 15E:  PP-12-15-03

Motioned by Comm. Angino and seconded to approve the Preliminary Plat for Lake Pointe Addition, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

1. Provision of a revised preliminary plat that shows the entire boundary of the previously approved Revised Yankee Tank Preliminary Plat;
2. Provision of a revised preliminary plat to note and show centerline of adjacent public right-of-way of Clinton Parkway;
3. Provision of a revised preliminary plat to extend the collector street to the west property line, per staff approval;
4. Execute an agreement not to protest the formation of a benefit district for geometric and intersection improvements for Lake Pointe Drive and Clinton Parkway;
5. Provision of a note on the face of the preliminary plat that states public improvement plan for streets, sewer and water will be required for submittal prior to recording the final plat;
6. Provision of a revised preliminary plat to show the dimension of Clinton Parkway ROW along the south property line; and
7. Execute an agreement not to protest the formation of a benefit district for street and sidewalk improvements for Lake Pointe Drive.

Motion carried unanimously, 9-0.

Motioned by Comm. Schachter and seconded to initiate rezoning and schedule a public hearing for March 17, 2004 for the tract described in Item 15B [Z-12-48-03] from A to PCD-2, with the following allowable uses:

• Use Group 11 in entirety
• Use Group 12 in entirety
• Other specific uses:  closed eating establishment, eating establishment with drive-up services, food convenience store including gasoline sales, free-standing automated banking, hotel/motel, leather goods sales, office equipment supply sales and service, pet shop, quick copy or duplicating center

DISCUSSION ON THE MOTION

It was discussed that the Commission would consider the initiated rezoning without an accompanying revised Preliminary Development Plan, but the zoning would likely be conditioned upon approval of such a plan.

ACTION TAKEN

Motion on the floor was to initiate rezoning and schedule a public hearing for March 17, 2004 for the tract described in Item 15B [Z-12-48-03] from B-3 to PCD-2, with allowable uses as described above.

            Motion carried unanimously, 9-0

Chairman Burress called a 5-minute recess during which Comm. Angino departed.