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[A. CALL TO ORDER]

[00:00:08]

>> GOOD EVENING, WELCOME TO THE PLANNING COMMISSION MEETING. I WILL CALL THIS MEETING TO ORDER. LYLAY, WILL YOU PLEASE CALL ROLL.

[B. Announcements/Reminders:]

>>> WE HAVE A QUORUM. >> AS A REMINDER TONIGHTINGS MEETING ON TELEVISION 15. ANNOUNCEMENT STAFF WOULD LIKE TO MAKE REGARDING TONIGHT'S CONSENT AGENDA COMMISSIONERS PLEASE SEE THE SUBMITTED FINAL PLAT NUMBER FIVE IN FRONT OF YOU. THIS PLATT IS DIFFERENT FROM THE ONE PRESENTED TO YOU IN THE PACKET.

BEFORE THE FINAL PLAT CAN BE APPROVED BY THE COMMISSION, THE CONSTRUCTION PLANS FOR THE SUBDIVISION MUST BE REVIEWED AND APPROVED BY THE CITY'S PUBLIC WORKS DEPARTMENT. THESE PLANS HAVE BEEN REVIEWED AND APPROVED AND THE SUBSTITUTED PLAT BEING PRESENTED TO YOU IN COMPLIANCE WITH THE APROVRED CONSTRUCTION PLANS. NEXT ANNOUNCEMENT WE HAVE WE WOULD LIKE TO WELL OUR NEW PLANNING COMMISSIONER DAVID BROWN. OUR FIRST ITEM OF BUSINESS THIS EVENING IS ELECTION OF OFFICERS.

[1. Chair]

I WILL NOW ENTERTAIN A MOTION FOR CHAIR.

>> I WAS GOING TO MAKE THE MOTION FOR MY DAILY FOR

CHAIR. >> I WOULD LIKE TO MAKE THE MOTION FOR COMMISSIONER MIKULENKA.

>> I WILL CALL FOR NOMINATION FOR A SECOND TIME. ANY OTHERS? IN ACCORDANCE WITH ROBERT JEWEL FOR THE THIRD TIME.

ANY OTHERS THAN THE TWO PRESENTED? I WILL TAKE A VOTE ON THOSE STALEY AS CHAIR BY RAISE OF

HANDS. >> I WILL NOW TAKE A VOTE FOR COMMISSIONER MIKULENKA AS CHAIR BY A SHOW OF HANDS.

>> I'M ABSTAINING. >> OKAY.

WE HAVE A TIE. WHAT DO WE DO?

>> IF SHE REMOVES HERSELF. >> I WAS GOING TO SAY I HAVE SO MUCH GOING ON AND THE GRANDCHILD.

I'M HAPPY TO WITHDRAWAL MY NAME AND LEE MR. MIKULENKA

AS THE SOLE NOMINEE. >> THAT WORKS.

>> THEN WE DON'T HAVE TO BREAK OUT THE RULES.

[LAUGHTER] >> THANK YOU.

>> THANK YOU, COMMISSIONER STALEY.

[2. Vice-Chair]

MR. MIKULENKA, YOU WILL BE CHAIR.

>> I WILL NOW ENTERTAIN A NOTION FOR NICE CHAIR.

ANY NOMINATIONS? >> I NOMINATE MYSELF.

IT WAS QUIET UP HERE. >> ANY OTHER NOMINATIONS?

>> AND FINAL CALL FOR NOMINATIONS? ALL IN FAVOR OF DR. HUNT AS VICE CHAIR SAY "AYE."

>> AYE. >> ANY OPPOSED?

>> DR. HUNT, YOU WILL BE VICE CHAIR.

[3. Secretary]

>> I WILL ENTERTAIN A NOTION FOR SECRETARY.

MAY I HAVE ANY NOMINATIONS? >> I WOULD LIKE TO NOMINATE MISS STALEY FOR THE SECRETARY POSITION.

>> ANY OTHER NOMINATIONS FOR SECRETARY? FINAL CALL FOR NOMINATIONS FOR SECRETARY?

>> I NOMINATE COMMISSIONER OLGUIN.

>> OKAY. WE WILL GO AHEAD AND TAKE A VOTE. THOSE IN FAVOR OF COMMISSIONER STALEY AS SECRETARY, PLEASE RAISE YOUR HAND. THOSE IN FAVOR OF COMMISSIONER OLGUIN? YOU SAID YOU HAD A LOT TO DO. YOU HAVE TO SIGN STUFF FOR THAT THE SECRETARY SPOT. COMMISSIONER STALEY, YOU WON

THE VOTES. >> I CAN DO THAT.

I WANT TO MAKE SURE IF I HAD TO MISS A MEETING SOMEONE ELSE COULD BE HERE TO TAKE CARE OF IT.

I WILL BE HERE DURING THE WEEKS.

IT'S THE WEEKENDS THAT ARE PROBLEM.

>> BASED TOWN VOTE, COMMISSIONER STALEY, YOU

ARE. >> I WILL NOW TURN THE MEETING OVER TO CHAIR MIKULENKA.

>> THANK YOU ALL. I'M NOT NEW TO THIS.

[00:05:02]

I WAS A CHAIR ABOUT 7 OR 8 YEARS AGO.

WE'LL TRY TO KEEP THINGS GOING AND HAVE A SMOOTH FOLLOWING MEETING. ALL RIGHT.

WE DID THE ELECTION. WE'LL GO AHEAD AND OPEN IT UP FOR CITIZEN'S COMMUNICATIONS.

ANYONE WISHING TO RECOGNIZE -- ADDRESS THE PLANNING COMMISSION ON ISSUED LISTED ON THE AGENDA WITHOUT PUBLIC HEARING OR ANY OTHER ISSUES NOT SPECIFICALLY LISTED ON THE AGENDA, PLEASE DO SO NOW.

AND PLEASE LIMIT YOURSELF TO FIVE MINUTES.

AND WE'LL KEEP TABS ON THAT. IS THERE ANYBODY FROM THE AUDIENCE? IF NOT, I WILL CLOSE CITIZENS COMMUNICATION. LET'S SEE.

WE'LL START WITH OUR DEVELOPMENT ITEMS WITH THE

[1. Variance Request for Encroachment on Rear Yard Setback for Tuscany Sec...]

PUBLIC HEARING. FIRST ITEM ON VARIANCE

REQUEST TUSCANY DIVISION. >> THE SUBJECT PROPERTY LOCATED 211 ANDREA COURT AND OWNED BY BALL AIRPORT ROAD DEVELOPMENT AND CIVIL CORP ENGIN ENGINEERING IS THERE THEIR AGENT.

THE OWNER REQUESTING VARIANCE ALLOW FOR THE STRUCTURE TO ENCROACH APPROXIMATELY TWO FEET INTO THE MINIMUM REAR YARD SET BACK OF THE ORIGINAL PLATT.

THE SUBJECT PROPERTY WAS PLATTED WITH THE MINIMUM REAR YARD SET BACK OF TEN FEET.

HOWEVER, A SLAB FOR THE NEW RESIDENTIAL STRUCTURE WAS INADVERTENTLY POURED TWO FEET OVER IN THE ESTABLISHED REAR BUILDING LINE. THE RESIDENTIAL STRUCTURE WILL STAY FOR ALL GUIDELINES REQUIRED FOR SINGLE FAMILY RESIDENTIAL LOT. THE FINAL PLAT FOR T TUSTUSCANY REPLAT. IT'S REPLATED INTO SING FAMILY RESIDENTIAL LOT AS BLOCK 3, 14-R.

THE FINAL PLAT WILL PETE ALL APPLICABLE ORDINANCES.

STAFF RECOMMENDS THE VARIANCE REQUEST TO ALLOW TO ENCROACH APPROXIMATELY TWO FEET INTO THE REAR YARD SET BACK WILL BE APPROVED WHILE STILL MEETING ALL OTHER SINGLE FAMILY REQUIREMENTS. STAFF'S ANALYSIS SUGGEST THAT ALLOWING THE RESIDENTIAL STRUCTURE AT 211 ANDREA COURT TO ENCROACH THE REAR SET BACK WOULD NOT BE DETRIMENTAL TO THE HEALTH SAFETY AND WELFARE OF THE SURROUNDING LOTS. THE VARIANCE WILL NOT EFFECT THE ORDERLY DEVELOPMENT OF THE SURROUNDING LOTS AND THE VARIANCE IS UNIQUE AS TO THIS LOT SINCE THE FOUNDATION WAS INADVERTENTLY POURED.

FACE 2, LOT 14R BLOCK 3 CONTINGENT UPON THE APPROVAL OF THE VARIANCE. DO YOU HAVE ANY QUESTIONS

FOR ME? >> OKAY.

I DO. I WOULD LIKE TO ASK A COUPLE OF QUESTIONS IF YOU DON'T MIND ON THAT ONE.

DID THE SLAB POURED OVER THE TWO-FOOT EASEMENT, IS ANY OF THE -- HAVE THEY CHECKED WHERE ANY OF THE UTILITIES UNDERNEATH THE SLAB AS OF RIGHT NOW?

>> AS FAR AS WE KNOW THEY HAVE BEEN CHECKED.

NO UTILITIES ARE UNDER THE CURRENT SLAB.

>> THAT'S THE OBVIOUSLY THING THAT WAS BOTHERING ME A LITTLE BIT. I CAN SEE THAT THEY POURED IT. AND THEY POURED IT INTO THE EASEMENT. ALONG AS THEY DIDN'T POUR UNDERNEATH. YOU HAVE TEN FOOT.

YOU DON'T YOU KNOW THERE'S A LOT OF ROOM THERE.

I MAYBE WOULD HAVE SOME CONCERN IF YOU HAD ELECTRICAL LINE UNDERNEATH THE SLAB.

>> ASSOCIATED REPLAT ACTUALLY REMOVES THE EASEMENT. THIS ENCROACHMENT IS JUST ENCROACHMENT. VARIANCE JUST FOR ENCROACHMENT INTO THE SET BACK AND NOT THE EASEMENT.

THE EASEMENT WILL BE SHOWN AS NOTCH OUT WHERE THAT SLAB IS. THAT EASEMENT ADJUSTMENT WAS APPROVED BY PUBLIC WORKS AND ALL OF THE UTILITIES THAT ARE A PART OF THE PLAT REVIEW PROCESS.

>> >> WE NEED TO HOLD A PUBLIC HEARING ON THIS. IF ANYONE WISHES TO SPEAK ON THIS ITEM, PLEASE COME FORWARD THAT TIME.

AND, AGAIN, LIMIT YOURSELF TO FIVE MINUTES.

I SEE THAT WE DON'T HAVE ANYONE TO SPEAK.

I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING.

DO WE HAVE ANY FURTHER DISCUSSION FROM THE COMMISSIONERS? ANY ISSUES?

ANYTHING THAT YOU ARE -- >> I WILL MAKE A MOTION.

[00:10:01]

>> I WILL SECOND IT. >> WE HAVE A MOTION TOWN FLOOR TO APPROVE THE VARIANCE.

>> YES. >> BY DR. HUNT AND A SECOND BY MISS STALEY. ALL THOSE IN FAVOR OF THE APPROVING SAY "AYE." AYE.

>> ALL THOSE OPPOSED SAME SIGN.

VARIANT PASSES. >>CHAIR: OKAY.

[2. Variance Requests for Minimum Lot Size, Minimum Lot Width, and Minimum...]

NOW FOR OUR SECOND ITEM ON THE AGENDA IS THE VARIANCE REQUEST FOR TUMBLEFIELD EXEMPT HALF BLOCK OF ONE AND 2 OF BLOCK 10. MAY WE HAVE THE STAFF REPORT. THIS SUBJECT PROPERTY LOCATED 1204 EAST NORTH STREET AND OWNED BY SPARKLIGHT TABLEFIELD COMPANY.

IT'S CURRENTLY UNDEVELOPED AND APPROXIMATELY.28 ACRES.

THE PROPERTY OWNER WISHES TO DEVELOP THIS PROPERTY WITH A NEW SPARK LIGHT SHELTER. THEY ALLOW FOR SUBMITTAL AND APPROVAL OF FINAL PLAT DEPICTING GENERAL COMMERCIAL LOT WITH A TOTAL LOT SIZE BELOW THE MINIMUM LOT SIZE REQUIREMENT WITH A LOT WIDTH BELOW THE MINIMUM LOT WIDTH REQUIREMENT AS WELL AS THE INTERIOR AND EXTERIOR YARD SET BACKS BELOW THE MINIMUM REQUIREMENTS FOR A GENERAL LOT. THE OWNER PROPOSING TO SUBMIT THE FINAL PLAT DEPICTING A GENERAL COMMERCIAL LOT TO BE A PRKS MAYBE SIZE OF 5,512 SQUARE FEET AND APPROXIMATE LOT WIDTH OF 50 FEET AFTER THE RIGHT-OF-WAY DEDICATION. BOTH THE LOT SIZE AND WIDTH ARE BELOW THE GENERAL AND ROT REQUIREMENT.

SUBMIT THE FINAL PLAT DEPICTING AN INTERIOR YARD SET BACK AS WELL AS EXTERIOR YARD SET BACK AS 10 FEET ABUTTING NORTH STREET AND THEN THE INTERIOR ABUTTING THE RESIDENTIAL LOT AT TEN FEET.

STAFF IS RECOMMENDING APPROVAL OF THE VARIANCE REQUEST TO ALLOW FOR THE SUBMITTAL AND APPROVAL OF FINAL PLAT DEPICTING A GENERAL COMMERCIAL LOT WITH AN APPROXIMATE LOT SIZE OF 5,512 SQUARE FEET AND APPROXIMATE WIDTH OF 53 FEET WITH INTERIOR AND EXTERIOR SETBACKS AND TEN FEET. WHILE ADHERING TO ALL OTHER COMMERCIAL REQUIREMENTS SET OUT IN THE CITY CODE.

AS PART OF THIS CITY'S EFFORT TO BRING RELIABLE CONNECTION TO HIGH SPEED INTERNET SERVICES TO THE CITY CITIZENS, THE CITY DEVELOPED RELATIONS WITH INTERNET SERVICE PROVIDERS WHO HAVE EXPRESSED INTEREST IN PROVIDING SERVICES TO OUR REGION.

SPARK LIGHT IS ONE OF THOSE INTERNET SERVICE PROVIDERS WHO HAS EXPRESSED AN INTEREST IN BRINGING THE SERVICES. SPARK LIGHT PURCHASED THE SUBJECT PROPERTY FROM THE CITY TO BUILD A TELECOMMUNICATION SHELTER WHICH ALLOWS THEM TO BRING MORE RELIABLE BROADBAND SERVICES TO OUR REGION.

THE SUBJECT PROPERTY IS UNIQUE AND THE FACT THAT IF THIS IS NOT GOING TO BE YOUR TYPICAL GENERAL COMMERCIAL LOT, IT WILL NOT HOUSE EMPLOYEES ON SITE.

IT WILL NOT HAVE ANY CUSTOMERS VISITING THE SITE DAILY. THE LOT IS STRICTLY TO HOUSE THE FIBER BROADBAND SHELTER, WHICH IS KEPT -- USED TO KEEP EQUIPMENT IN TECHNOLOGY NECESSARY TO PROVIDE THOSE BROADBAND SERVICES TO OUR REGION.

THE ONLY EMPLOYEES VISITING THE PROPERTY WILL BE THE OCCASIONAL MAINTENANCE STAFF TO ENSURE THE EQUIPMENT AND TECHNOLOGY IS WORKING CORRECTLY.

THE SUBJECT PROPERTY WILL STILL ADHERE TO COMMERCIAL STANDARD RAE REQUIRED. IT WILL PROVIDE THE APPROPRIATE SCREENING FENCE BETWEEN THE COMMERCIAL LETTER AND THE RESIDENTIAL LOT TO ENSURE IT'S NOT DETRIMENTAL TO NEIGHBORING PROPERTY.

THE PROPERTY WILL ALSO PROVIDE A COMMERCIAL DRIVE AND OFF STREET PARKING WHICH WILL ALLOW THE PROPERTY OWNER NOT TO INTERIOR WITH THE FLOW OF TRAFFIC OF THAT NEIGHBORHOOD. STAFF DETERMINED APPROVAL WOULD NOT SIGNIFICANTLY CHANGE THE EXISTING CHARACTER OF THE NEIGHBORHOOD AS IT IS MORE OF AN INFRASTRUCTURE PROJECT USE.

FURTHERMORE OUR ANALYSIS SUGGEST APPROVING THE VARIANCE ALLOWING THE REPLAT WOULD BE BENEFICIAL TO THE PUBLIC'S INTEREST BY SUPPORTING THE CITY'S OVERALL EFFORT TO BRING MORE RELIABLE HIGH-SPEED INTERNET SERVICES TO ITS CITIZENS AND GIVE THEM MORE OPTIONS IN INTERNET PROVIDERS. ANY QUESTIONS?

>> I HAVE A QUESTION. IT'S A LITTLE BIT MORE INFORMAL OF THIS. I'M A FAN OF BRINGING MORE BANDWIDTH. DID AT&T DO ANYTHING SIMILAR TO THIS? I KNOW USUALLY WHENEVER CITIES, YOU HAVE A LOT OF THESE FOR AT&T JUST MAINTENANCE THE BUILDINGS. I DON'T RECOLLECT AT&T

HAVING ONE HERE. >> AT&T DOES HAVE DIFFERENT

[00:15:03]

SHELTERS. USUALLY THEY ARE LOCATED IN EASEMENTS THAT AT&T IS SECURED.

SPARKLIGHT IS A LITTLE BIT DIFFERENT THAT IT DOESN'T HAVE ACCESS TO MANY -- AS MANY PUBLIC UTILITY EASEMENT OR PRIVATE EASEMENTS THAT AT&T DOES.

AND NOT REALLY SURE WHY THEY CHOSE THIS LOCATION.

BUT THERE WASN'T EASEMENTS TO LOCATE THIS SHELTER IN SO

THEY CHOSE THIS LOCATION. >> WE DON'T HAVE TO WORRY

ABOUT RADIATION. >> NO.

>> JUST WANT TO PUT IT ON RECORD.

>> WE'LL GO AHEAD AND I WOULD LIKE TO NOW OPEN UP FOR PUBLIC HEARING ON THIS ITEM.

IF ANYONE WISHES TO SPEAK ON THIS ITEM, PLEASE COME

FORWARD AT THIS TIME. >> IT LOOKS LIKE I WILL CLOSE THE PUBLIC HEARING ON THAT ITEM.

ANY FURTHER DISCUSSION FROM THE COMMISSIONERS ON THIS

ITEM? >> I THINK THE ONLY THING I WOULD LIKE TO SAY -- I THINK -- I WAS ABLE -- I DID ATTEND THE CITY COUNCIL MEETING.

BUT THE GENTLEMAN FROM SPARKLIGHT GAVE A GOOD PRESENTATION AND WHEEL EXCITED ABOUT BRINGING TO THIS TO THE CITY. I'M REALLY HAPPY ABOUT THAT.

I ASK FOR ANY MOTIONS? >> I WILL MAKE A MOTION.

>> I WILL HAVE A SECOND. WE HAVE A MOTION AND A SECOND TO APPROVE. ALL THOSE IN FAVOR SAY

"AYE." >> AYE.

ALL THOSE OPPOSED SAME SIGN. MOTION PASSES.

>> ALL RIGHT. I WANT TO REMIND COMMISSIONERS BEFORE YOU ENTERTAIN A MOTION FOR THE CONSENT AGENDA TO MAKE SURE THAT YOU YOUR MOTION INCLUDE IT'S FOR THE AMENDED CONSENT AGENDA WITH THE SUBSTITUTED

PLAT. >> I WAS GOING TO SAY THAT.

[F. Consent Agenda:]

I KNOW THAT'S IMPORTANT. >> NEXT ON THE AGENDA IS THE CONSENT AGENDA FOR APPROVING THE ITEMS ON THE CONSENT AGENDA FOR THE LAST MEETING ON AUGUST 18TH.

AND THE FINAL PLAT SPRINGWOOD MEDICAL PARK NUMBER FIVE AND THE FINAL PLAT TUSCANY SECTION 2A FACE 2 RESUBDIVISION NUMBER 1 LOTS 14R, BLOCK 3.

>>> LOOK THIS OVER. MAKE SURE WE FEEL GOOD ABOUT THIS. BEFORE WE MAKE THAT MOTION,

TO APPROVE THESE ITEMS. >> I WOULD LAKE TO MAKE A MOTION WE APPROVE THE AMENDED -- THE AMENDED PLAT AND THE MOTION TO ACCEPT THE CONSENT AGENDA.

>> DO I HAVE A SECOND? >> SECOND BUSINESS MISS STALEY. ALL THOSE IN FAVOR SAY

"AYE." >> AYE.

>> ALL THOSE OPPOSED SAME SIGN.

[G. Other Business:]

CONSENT AGENDA PASSES. >>CHAIR: OTHER BUSINESS.

MISS CELESTE. >> FOR THIS MONTHS DEVELOPMENT REPORT WE HAD THREE MINOR PLATS, TWO SITE PLANS AND WE HAD FOUR ITEMS GO TO COUNCIL AND THEY WERE

ALL APPROVED. >>

>> THIS PAST MONTHS BUILDING PERMIT ACTIVITY WE'RE HIGHER THAN LAST YEAR. WE DID TOTAL OF 266MUP PERMITS COLLECTING 69,520 DOLLARS IN PERMIT FEES.

[H. Items from Planning Commissioners:]

ALL RIGHT. THAT'S ALL.

ANY ITEMS FROM THE COMMISSIONERS AT THIS TIME?

>> I DO WANT -- I HAVE A FEW ITEMS TO SAY.

>> MR. BROWN, THANK YOU FOR SERVING -- I APPRECIATE YOU TAKING THE TIME TO BE ON OUR COMMISSION.

IT'S A VERY IMPORTANT PART OF THE CITY GOVERNMENT.

WE NEED TO HAVE GOOD PEOPLE AND I APPRECIATE YOU BEING ON OUR COMMISSION. AND I THANK YOU ALL FOR HAVING -- WANTING ME TO BE THE CHAIR AND I WILL DO MY BEST. WE'LL TRY TO GET TO THINGS ROLLING AND GET THE MEETING OFF.

WE HAVE TO DO A GOOD JOB OF WHAT WE ARE HERE TO DO.

ANYBODY ELSE? IF EVERYBODY IS THROUGH SEEING THERE'S NO OTHER BUSINESS, I WOULD LIKE TO ADJOURN THE MEETING AT 5:35. DO I HAVE A SECOND ON THAT?

>> SECOND. >> ALL

* This transcript was compiled from uncorrected Closed Captioning.