ITEM NO. 9A:            RS-1 TO RS-2; 8.761 ACRES; EAST OF MONTEREY WAY AND NORTH OF STETSON DRIVE (PGP)

Z-01-01-04:  A request to rezone a tract of land approximately 8.761 acres from RS-1 (Single- Family Residential) District to RS-2 (Single-Family Residential) District.  The property is generally described as being located east of Monterey Way and north of Stetson Drive.  Submitted by Landplan Engineering, P.A., for William E. Fritzel, applicant and Sojac Land Company, L.D., property owner of record.

ITEM NO. 9B:                 REVISED PRELIMINARY PLAT FOR FALL CREEK FARMS 10^TH PLAT;                                                 WEST OF KASOLD DRIVE AND SOUTH OF PETERSON ROAD (PGP)

                               PP-01-03-04:  Revised Preliminary Plat for Fall Creek Farms 10^th Plat.  This proposed 177-lot residential subdivision contains approximately 154.68 acres and is located east of Monterey Way, south of Peterson Road and west of Kasold.  Submitted by Landplan Engineering for Sojac Land Company, L.C., property owner of record.

Items 9A & 9B were discussed simultaneously.

STAFF PRESENTATION

Mr. Patterson introduced the Items, which were triggered by the City’s desire for additional right-of-way along Monterey Way. The Preliminary Plat had been revised with reconfigured lots to accommodate the City’s request. Lots were created with this reconfiguration that would not meet the minimum required lot size for the existing RS-1 zoning, so RS-2 zoning (with smaller required lot sizes) was requested.

Mr. Patterson explained the revised Preliminary Plat removed the connection of Stockade Street where it abutted the subject property.  Although this connection was required per Code, the Public Works Department had expressed no objection to leaving Stockade stubbed, given the proposed street design.  Fire & Medical indicated the connection was not required for emergency access.

Property owners adjacent to this section of Stockade had expressed concern with the City’s vacating this section on the road, as they did not want to be made responsible for upkeep of the street. 

It was clarified that pedestrian access to the south would still be required, and the City would not be responsible for maintenance of that sidewalk.

Mr. Patterson noted a variance would be needed to allow Stockade to remain unconnected.  There was discussion about whether this request met the criteria for granting a variance and The Commission asked Staff to read the Code’s definition of “unnecessary hardship”.

APPLICANT PRESENTATION

Tim Herndon, Landplan Engineering, said the applicant was in general agreement with Staff’s recommendations.  Two modifications were requested, beginning with condition 2b regarding the vacation of Stockade Street south of Stetson Drive.  Since the applicant had no control over that issue, it should not be a controlling factor over the development.  He noted the Public Works Department had expressed no objection to not vacating that section.

The applicant’s second request was the revision of condition 3f, removing the requirement related to access onto Peterson Road.  Mr. Herndon explained the property owner intended to replat, move the property line between Lots 26 & 27 slightly to the east.  This would allow the lots to share the existing single driveway. 

Staff was amenable to this revision, but an additional variance would be needed to allow the residential lots to take access onto an arterial street.  It was suggested that a claim for hardship could be made for this variance because the existing driveway was the only option for access to one of the lots. 

Mr. Herndon was asked to make a case for hardship related to the Stockade Street variance request.  He replied that extending the street against the wishes of the adjacent property owners would be a hardship, particularly when the intent of the ordinance (connectivity) was adequately addressed according to the Traffic and Public Works Departments.

Mr. Herndon responded to questioning that extended the street would not create an unusable parcel and that there were options for connecting the street.

PUBLIC HEARING – rezoning and 2 variances

No member of the public spoke on any of these issues.

CLOSING COMMENTS

The applicant had no closing comments.

Mr. Patterson reminded the Commission of the revised Staff Report page received at Study Session with modified conditions and states Staff’s agreement with the removal of condition 2b.

He further stated that Staff supported the two requested variances.

It was noted that four inquiries had been directed to Staff regarding the project.  Discussion had resulted in no objections from any of the four area residents.

ACTIONS TAKEN

Item 9A

Motioned by Comm. Schachter and seconded to approve the rezoning of 8.761 acres from RS-1 to RS-2 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 condition:

1. Approval of a Final Plat for the subject property.

Motion carried unanimously, 10-0, with Student Commissioner Bittenbender also voting in the affirmative.     

Item 9B

Motioned by Comm. Schachter and seconded to approve a variance from the Subdivision Regulations to allow for a shared access easement between Lots 26 & 27 on Peterson Road.

Motion carried unanimously, 10-0, with Student Commissioner Bittenbender also voting in the affirmative.

COMMISSION DISCUSSION

The Commission discussed reasons why they would not support the variance to allow Stockade Street to remain stubbed where it abutted the subject property, even though the property owners did not want this connection and the City Departments were amenable to granting the variance:

• The Commission had discussed the importance of connectivity earlier that evening, both internal and between neighborhoods.
• Traffic should be able to readily access collectors from local streets.
• By definition, a variance should be granted only when there are no development options, otherwise the regulations should be amended.
• It was not appropriate that this design had been approved on the previous plat

It was suggested that there was no practical function to the connection, since the provided 5 access points provided adequate circulation fro this low-density development to Monterey Way, Peterson Road and Kasold Drive.  It was subjective whether making this connection would “pierce the integrity” of the design.

ACTIONS TAKEN

Item 9B

Chairman Burress made a call fro a motion on the variance, receiving no response.  The variance died for lack of a motion.

Motioned by Comm. Schachter and seconded to approve the Preliminary Plat for Fall Creek Farms, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions, which were revises with unanimous consent during clarification of the motion:

1. Approval of the rezoning to RS-2 (Single-Family Residence) District (Z-01-03-04) request.
2. Provision for the following items:
1. An agreement with the City for the existing structure (barn) located within a portion of Peterson Road right-of-way.

3. Submission of a revised preliminary plat that provides:

a. Increase the DE width on Lots 11, 12, 21 and 22, Block Eight to provide adequate space to grade an overflow swale to direct development runoff away from existing residences;

2. Provide platted Minimum Exterior Building Opening’s for:

• Lots 1 through 21, Block Five
• Lots 40 through 45, Block Two
• Lots 2 through 10, Block Three
• Lots 2, 3  and 12, Block Four
• Lot 29, Block Two
• Lots 11, 12, 21 and 22, Block Eight

c. Label the type of proposed channel stabilization, lining, vegetation and maintenance that is proposed in all open drainage systems within the platted area;

d. Cul-de-sac radius turnarounds to the approval of the fire department;

5. Connection of Stockade Street to Bramble Bend;

f. Removal of note which states “Existing driveway to remain” for Lot 11, Block Three. Access notes from Fall Creek Farms 6^th and 8^th Final Plats will need to be adequately reflected on the Revised Preliminary Plat;

g. A note that the existing structures on Lot 27, Block Two are allowed to remain and are non-complying with respect to setbacks; and

h. Placement of Public Sanitary Sewer Mains, Public Utility Easements and Drainage Easements in accordance with City Ordinance No. 7743.

Motion carried 8-2, with Comm.’s Jennings and Eichhorn voting in opposition and Student Commissioner Bittenbender voting the affirmative.