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Planning and Zoning Commission Minutes - 09/09/2015P&ZCommission Page 1of6 September A.2D1S 0NUN UTE S PLANNING & ZONING COMMISSION September 9, 2015 PRESENT: *Chairman James Wingo JohnnCombs Rick ^Graham + Rodney Martin ' Jeff Browning Barney Brock � °Alternate #2 Daniel Leslie James K8oKnohnie.Assistant City Attorney °city Stan Karen GeQn6. Planning Administrator #plammno Loren Shapiro, Planner III * Christopher Guess, Planner || * Matthew Prouty, Planner 11 �ro|yn Edwards, Senior Administrative Clerk Carolyn* * Stephen Santellana Council Liaison ABSENT - B Karla Metty KgdaK8ettv 8hannonRut|edge'HopkinS ~ Anthony Inman + +m�ma�#1 Justin Jones V. CALL TO ORDER The meeting was called to order by Chairperson VWngo at 2:OOp.m.Hgthen proceeded to make the following announcements: o This rneebngiabeing broadcast hvaonChannel 11.|tvviUbareplayed ot2:ODp.rn.daily including Saturday and Sunday until the next live rnaednQ is aired, which will bethe second Wednesday ofnext month at2:OOp.m. b Motions made by the Commission members include all staff recommendations and developmental requirements listed |nthe staff report. Any deviations will bediscussed onooaoe- by'caeabasis and voted onaccordingly, CAppUuantSanddbz8nSvvhOwishtDQddreSsthe<�Onm7�|SS|onoransVVerqUestioOofnonm 'he(�o"'� Commission members, are asked toplease speak into the nnicPophoOeatthe podiunn. This wmeeting isbeing taped and —there imnomicrophone torecord statements made from the audience. d Please silence 8UceUphone hngensduring the [needng. |fit(snecessary for you tohave a'cell phone conversation during the meeting, please use the hallway outside this room. P & Z Commission Page 2 of 6 September 9, 2015 Il. PUBLIC COMMENTS No one from the audience wished to address the Commission. Mr. Martin made a motion to approve the minutes of the August 12 and August 24, 2015 meeting. Mr. Combs seconded the motion. The minutes were approved with a unanimous vote. (7-0) IV. CONSENT AGENDA There were no items on the consent agenda. V. REGULAR AGENDA 1. Case P 15-11 Request to replat Foley Subdivision Lot 1-A, Block 17 to add an additional 12 ft. of lot width. 1036 Covington Street Mr. Guess stated that the applicant intends to replat a residential parcel to add an additional 12 ft. of lot width, under the conditions of the property owner being issued a demolition permit for an existing structure within 5 ft. of the property line and/or the permit be issued for the repositioning of the structure that is within 5ft of the property line. Mr. Guess also stated the applicant was not in attendance. Mr. Wingo asked if Mr. Guess received agreement of the conditions. Mr. Guess replied no. Mr. Guess indicated staff notified 13 surrounding property owners and received 4 responses in favor, 0 in opposition, and 0 with no opinion or undecided. Mr. Martin made a motion to approve case P 15-11. Mr. Combs seconded the motion. The motion was passed unanimously. (7-0) 2. Case C 15-26 Request for a conditional use to allow a carport in the required front setback in the Single -Family Residential (SF -2) zoning district. 4631 Summit Drive Mr. Prouty stated the application for conditional use was for a carport in the exterior side setback. The proposed carport had a size of 20 ft x 20 ft with a minimum distance to the exterior side property line of 5 ft and minimum distance to the front property line of 25 ft. Mr. Prouty added that there were 2 properties within 200 ft. that had a carport within the front setback area. Staff mailed 22 notification letters and received 3 in favor, 0 in opposition, and 0 with no opinion. Staff recommended approval of the carport request. There was no one in attendance to speak on behalf of the case. P & Z Commission Page 3 of 6 September 9, 2015 Mr. Martin made a motion to approve case C 15-26. Mr. Combs seconded. The motion was passed unanimously. (7-0) 3. Case C 15-27 Request for a conditional use to allow a carport in the required front setback in the Single -Family Residential (SF -2) zoning district. 5115 Lakefront Drive Mr. Prouty presented the conditional use application use for a carport. The proposed carport had a size of 12 ft. x 20 ft. with a minimum distance to the front property line of 14 ft. and a minimum distance to the interior side property line of 8 ft. Mr. Prouty also noted there were 2 properties within 200 feet that had a carport within the front setback. Staff sent out 35 notification letters and received 9 in favor, 0 in opposition, and 0 with no opinion. Staff recommended approval of the carport request. There was no one in attendance to speak on behalf of the case. Mr. Martin made a motion to approve case C 15-27. Mr. Combs seconded the motion. The motion was passed unanimously. (7-0) 4. Case C 15-28 Request for a conditional use to allow a carport in the required front setback in the Single -Family Residential (SF -2) zoning district. 1541 Malcolm Drive Mr. Prouty stated the application was for a conditional use to allow a carport. The proposed carport had a size of 20 ft. x 18 ft. with a minimum distance to the front property line of 13 ft. 4 in. and a minimum distance to the interior side property line of 4 ft. 6 in. Mr. Prouty further stated there were 0 properties within 200 feet that have a carport within the front setback area. Staff sent out 24 notification letters and received 3 in favor, 1 in opposition, and 0 with no opinion. Staff recommended approval of the carport request. There was no one in attendance to speak on behalf of this case. Mr. Martin made a motion to approve case C 15-28. Mr. Combs seconded. Mr. Combs voted against the request due to there not being any other carports on that street. Mr. Martin stated that the opposed response was from a homeowner whose property is a rental home on the street behind the applicant. The carport was approved with a 6-1 vote. 5. Case C 15-29 al use to allow a medical office and specialized Request for a condition medical services within a building footprint over 1,200 square feet in the Limited Office (LO) zoning district. 4300 Barnett Road Mr. Guess explained this was a conditional use request to allow a medical office and specialized services within a building footprint over 1,200 square feet in the Limited Office (LO) zoning district. Section 3360 of the city's zoning ordinance, P & Z Commission Page 4 of 6 September 9, 2015 requires an approved conditional use for a medical office more than 1,200 sq. ft. in the gross floor area in the Limited Office (LO) zoning district. The applicant, Jay K Reddy, M.D., was proposing to develop a medical office that also offers specialized medical services in a building exceeding 1,200 s.f, g.f.a. The site, which will face Burnside Drive, is part of a subdivision that was created in the Limited Office (LO) zoning district to house specialized medical services. Upon the creation of this subdivision (March 2014), staff received concerns from the single family subdivision to the south. Their concerns ranged from protecting the subdivision from intense traffic as well as protecting the aesthetics of the single family subdivision. Staff recommended measures to ensure that these concerns were addressed on site. Staff considered section 3035 — Permitted and Conditional Uses, of the zoning ordinance which states: The purpose of the conditional use procedure is to allow for review of uses which would not be appropriate generally or without certain restrictions throughout a zoning district but which, if controlled as to the number, area, location, or relation to the neighborhood, would promote the health, safety, and welfare of the community. The procedure is intended to allow broad public review and evaluation of the proposed development and to ensure adequate mitigation of potentially unfavorable impacts. Section 7200 through 7299 shall be known as the conditional use procedure. Staff also considered section 3361 — Purpose (of Limited Office (LO) zoning district) The purpose of the LO Limited Office District is to encourage small office development of higher character in a generally noncommercial environment. The offices allowed in the limited office district have relatively low traffic generation characteristics, require limited identification by signs, and are intended to buffer residential uses from more intensive nonresidential uses and nonresidential streets. Mr. Guess stated that staff recommends approval of the request for the proposed medical office with more than 1,200 square feet in gross floor area per the following conditions: 1. Property must be platted to begin the construction process. 2. Approval pertains only to the platted site (Kemp's Subdivision Lot 8, Block 11) 3. There shall be a six foot privacy fence constructed to screen the site from the residential dwellings south of the proposed site. 4. All lighting shall be directed away from residential properties. Mr. Howard Morris, Domain Real Estate, agent for the applicants. Stated that he had no problem with the conditions of approval. Mr. Morris stated that his building will be 1,200 square feet in gross floor area and that there will be buffer a between the building and the residential community to the south. Page P & Z Commission Pa e 5 of 6 September 9, 2015 Mr. Martin made a motion to approve case C 15-29 and Mr. Graham seconded the motion. The motion passed unanimously. (7-0) 6. Case C 15-30 Request for a conditional use to allow a carport in the required front setback in the Single -Family Residential (SF -2) zoning district. 240 Dirks Drive Mr. Prouty introduced the case noting the proposed carport had a size of 12 ft x 22 ft with a minimum distance to the front property line of 20 ft and a minimum distance of 6 ft to the interior side property line. Mr. Prouty stated there was one other property within 200 feet that had a carport within the front setback. Staff sent out 30 notification letters and had received 3 in favor, 1 in opposition, and 1 with no opinion. Staff recommended approval for this carport case. There was no one in attendance to speak on behalf of the case Mr. Martin made a motion to approve case C 15-30 and Mr. Combs seconded the motion. The motion passed unanimously, (7-0) V. OTHER BUSINESS Chairman Wingo asked Mr. Shapiro if there were any other items under other business that the commission needed to address. Mr. Shapiro addressed the commissioners about concerns regarding attendance at meetings and he noted city council appointed the planning and zoning commissioners to be committed to their duties, Mr. Shapiro said there were meetings over the past year and recently where attendance delayed action on cases due to lack of quorum. Mr. Shapiro added, the commissioners were expected to meet the attendance requirement and policies adopted by city council. Mr. Shapiro expressed most of the commissioners have acceptable attendance but there are some that have excessive absences. If commission members miss 3 consecutive meetings or who attend so infrequently as to indicate a lack of interest or inability to serve on a particular board, commission or advisory group may be replaced by the Mayor and City Council. VI. ADJOURN The meeting adjourned at 2:32 p.m. MA Jades Wingo, arma ATTEST: Loren Shapiro, Planner III 1 )V' ;.015' Date R M ) t . I Date P & Z Commission Page 6 of 6 September 9, 2015