HomeMy WebLinkAbout07/15/99 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Thursday, July 15, 1999
5:30 p.m.
1. ROLL CALL
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MA THEW BRAD Y
MARTI MUNIS-KEMPER
TOM MCGINNIS
RON SPRAGUE
NOTE: Agendas may be amended up to 72 hours prior to the Planning Commission meeting.
final agenda may be obtained from the Planning Department 72 hours prior to the meeting.
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PUBLIC STATEMENTS
ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR WISHES TO SPEAK
REGARDING A PUBLIC HEARING NEED NOT FILL OUT A SPEAKER'S CARD. ALL
OTHERS WISHING TO SPEAK BEFORE THE COMMISSION MAY FILL OUT A
SPEAKER'S CARD AND PRESENT IT TO THE SECRETARY PRIOR TO
COMMENCEMENT OF THE MEETING.
NOTICE OF RIGHT TO APPEAL
Planning Commission decisions on Zone Changes, Parcel Maps and Tentative
Subdivision maps are subject to appeal by any person aggrieved. No permit shall be
issued for any use involved in an application until after the final acceptance date of
appeal.
Such appeal must be filed in writing within 10 days from date of hearing, addressed to
the City Council, c/o Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA
93301. A $334 non-refundable filing fee must be included with filing of the initial appeal
for those appeals filed by the applicant or any person outside the notice area. All
appeals filed on land divisions will require a $334 non-refundable filing fee. If all appeals
are withdrawn prior to the City Council hearing, it will not be conducted and the decision
of the Planning Commission will stand.
If no appeal is received within the specified time period or if all appeals filed are
withdrawn, the action of the Planning Commission shall become final.
Agenda, PC, Thursday -July 15, 1999
Page 2
(Ward
(Ward 4)
(Ward 4)
'CONSENT AGENDA ITEMS - (marked by asterisk .(*)
These items will be acted on as a group without individual staff presentations if_no
member of the Planning Commission or audience wishes to comment or ask questions
on a case. The items are recommended for approval by staff. The applicant has been
informed of any special conditions and has signed an agreement to conditions of
approval and requested to be placed on the consent agenda.
If anyone wishes to discuss or testify on any of the consent items the item(s) will be taken
off consent and will be considered in the order on the agenda. If not, the public hearing
will be opened and the items acted on as a group.
3.1) Agenda Item 5.- Extension of Time for TT 5869
APPROVAL OF MINUTES
Approval of minutes of the regular meetings held June 14 and June 17, 1999.
PUBLIC HEARING - EXTENSION OF TIME for Tentative Tract $86-q
(SmithTech/USA Inc) consisting of 241 single family residential lots on 66.75
acres located south of Brimhall Road, east of Verdugo Lane. (Negative
Declaration on file)
Recommendation: Approve
Group vo~
PUBLIC HEARINGS - TENTATIVE TRACT MAPS
6.1)
Vesting Tentative Tract Map 5430 (Martin-Mclntosh) consisting of 176
or fewer lots on 82.43 acres on Property zoned R-i (One Family Dwelling)
and a waiver of mineral rights owners' signatures in accordance with
Bakersfield Municipal Code Section 16.20.060 B.1 located west of Old
River Road, north and south of White Oak Drive (extension). (Negative
Declaration on file)
Recommendation: Approve
Group vo~
6.2)
Vestin~l Tentative Tract Map 5951 (SmithTech USA Inc) containing 125
lots for single family residential purposes, one lot for a linear park and one
lot for a sump on 38.67 acres, and one proposed commercial lot on 13.65
acres, zoned R-1 (One Family Dwelling) (total acreage is 52.32 acres)
and request a modification to allow median entries on local streets and
double frontage lot on local streets; and waiver of mineral rights
signatures pursuant to BMC 16.20.060 B.1 located on the southwest
corner of Stockdale Highway and Buena Vista Road. (Negative
Declaration on file)
Agenda, PC, Thursday -.July 15, 1999
Page 3
(Ward 6)
(Ward 1)
Recommendation: Continue to August 19, 1999, Planning
Commission meeting
Group vo~
6.3)
Tentative Tract 5433 Phase 3 (Porter-Robertson Engineering) consisting
of 42 lots on 8.12 acres zoned R-1 (One Family Dwelling) for single
family residential homes. This subdivision finishes out an existing tract of
the same number located at the northwest corner of Berkshire Road and
'Akers Road. (Negative Declaration on file)
Recommendation: Approve
Group vo~
PUBLIC HEARINGS - ZONE CHANGE P99-0350 and VESTING TENTATIVE
(All Wards
TRACT 5948 (Martin-Mclntosh)
7.1)
Zone Chan~le P99-0350 - Change in land use zoning from an MH
(Mobilehome) zone and an R-1 (One Family Dwelling) zone to a PUD
(Planned Unit Development) zone on 50 acres to allow single family
residential development located south of Virginia Avenue, west of Sterling
Road, north of Oswell Park Drive and east of Oswell Street. (Negative
Declaration on file)
Recommendation: Approve
Roll call vote
7.2)
Vestincj Tentative Tract 5948 -To create 275 lots for single family
residential housing on 55.73 acres located south of Virginia Avenue, west
of Sterling Road, north of Oswell Park Drive and east of Oswell Street.
(Negative Declaration on file)
Recommendation: Approve
Group vo~
PUBLIC HEARING - ORDINANCE AMENDMENT to Title 17 (Zoning Ordinance)
regarding the R-2 (Limited Multiple Family Dwelling) zone district. Specifically,
the text change removes language that requires every third, four-plex unit along
a street be turned to be parallel to the street (Section 17.14.026 E.)
(Categorically exempt)
Recommendation: Approve
Roll call vote
Agenda, PC, Thursday - July 15, 1999
Page 4
(Ward 3)
July 6, 1999
10.
11.
12.
13.
FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East
Bakersfield) for review of the final development plan of a PUD (Planned Unit
Development) zone for the 5.02 acre senior citizen housing project located
generally along the north side of Bernard Street, approximately 1,000 feet west of
Oswell Street. (Negative Declaration on file) (Continued from Planning
Commission meeting of July 1, 1999)
Recommendation: Approve
Group vote.
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTS
A) Committees
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF
THE NEXT PRE-MEETING.
ADJOURNMENT
Held
Thursday
July 15, 1999
5:30 p.m.
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Present:
JEFFREY TKAC, Chairperson
MICHAEL DHANENS, Vice Chairperson
STEPHEN BOYLE
MATHEW BRADY
TOM MCGINNIS
MARTI MUNIS-KEMpER
RON SPRAGUE
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City Attorney
DENNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
Staff:
Present:
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
JIM EGGERT, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
Chairman Tkac read the Notice of the Right to Appeal
CONSENT AGENDA ITEMS
A motion was made by Commissioner Brady, seconded by Commissioner Sprague, to
move Agenda Item 6.3, Tentative Tract 5433, Phase 3, to the Consent Agenda. Motion
carried.
Minutes, PC, Thursday, July 15, 1999 Page ?
3.1) Agenda Item 5 - Extension of Time for TT 5869
A motion was made by Commissioner Dhanens seconded by Commissioner
Brady to approve the Consent Agenda items. Motion carried.
APPROVAL OF MINUTES
A motion was made by Commissioner Sprague,' seconded by Commissioner Kemper, to
approve the minutes of the regular meetings held June 14 and June 17, 1999. Motion
carried.
PUBLIC HEARING - EXTENSION OF TIME for TT 586-~ (SmithTech/USA Inc)
Approved as a Consent Agenda item.
PUBLIC HEARINGS - TENTATIVE TRACT MAPR
6.1) Vesting Tentative Tract Map 5430 (Martin-Mclntosh)
Staff report given. No one spoke in opposition. Roger Mclntosh, of Martin-
Mclntosh, stated that he agreed with the conditions and was available to answer
any questions the Commission might have.
Commissioner Sprague asked Mr. Mclntosh if the park was being eliminated and
becoming part of a larger park next to the river. Mr. Mclntosh said that that is
correct.
Commissioner Boyle made a motion, seconded by Commissioner Sprague, to
approve and adopt the Negative Declaration to approve the Vesting Tentative
Tract 5430 Phased with findings and conditions set forth in the attached
resolution Exhibit "A" as modified by the memorandum dated July 13, 1999, from
Marian Shaw, Public Works Department. Motion carried.
6.2) Vesting Tentative Tract Map 5951 (SmithTech USA Inc)
Staff report given. No one spoke in opposition. Bob Smith, of SmithTech USA,
Inc., requested the project be continued until the Planning Commission meeting
of August 19, 1999, but was available to answer questions the Commission
might have.
Commissioner Brady made a motion, seconded by Commissioner Boyle, to
continue the project to the Planning Commission meeting of August 19, 1999.
Motion carried.
6.3) Tentative Tract 5433 Phase 3 (Porter-Robertson Engineering)
Approved as a Consent Agenda item.
Minutes, PC, Thursday, July 15, 1999 Page ,1
PUBLIC HEARINGS - ZONE CHANGE P99-0350 and VESTING TENTATIVE
TRACT 5948 (Martin-Mclntosh)
7.1)
7.2)
Zone Chanqe P99-0350 and
Vesting Tentative Tract 5948
Commissioner Sprague stated a conflict of interest on this project. The Planning
Director, Stanley Grady, asked that the presentation for Agenda Items 7.1 and
7.2 be combined to take testimony but that a separate motion be made.
Staff report was given recommending approval of the P.U.D. zone change with
conditions as shown in the staff report and including the Planning Director's
memo and recommending approval of Vesting Tentative Tract 5948 subject to
the conditions as recommended in the staff report. Staff stated that the P.U.D.
zone must be in effect prior to recordation of any map of this tract.
Public portion of the meeting was opened. Calvert Powell spoke in opposition.
He lives on the northwest corner of Helvey where it dead ends. He stated that
for the last 13 years there has been access between Rush Street and Helvey on
a dirt road and said this proposed change would eliminate that access between
the two streets as well as prevent him being able to access the back yard. He is
also opposed to it because of the small lot size. He feels that it would lower the
property value.
Mary Leal spoke for her daughter, who is a resident of the area and could not
attend tonight's meeting, who objects to the project due to the small lot size.
Roger Mclntosh, representing Vantage Homes, spoke in favor of the project. Mr.
Mclntosh said that what Advantage Homes is trying to do is prepare the project
to provide housing to a specific buyer and by providing for two recreational
facilities (one, 27,000 square foot soccer park and ~ acre family park centrally
located within the entire commUnity). This gated area would have these
recreational facilities that would serve the children and families in the area. They
have also created a number of entry opportunities and are proposing the
landscaping for the entries with the gatesl Because of those amenities, they are
requesting smaller lots. There is a mixture of lot sizes and product (house) sizes
that easily fit on all of the lots. Mr. Mclntosh stated that they are requesting a 20-
foot front yard setback but that would still provide for R-1 setback in the rear yard
which meets the setback requirements of a R-1 zone so the backyards are
opened up somewhat. Mr. Mclntosh said this is an area that has not developed
out as it should and Mr. Hart has taken the rest of this area and put together an
excellent program to finish it out.
Mr. Mclntosh said that there are two conditions of approval they would like to
address and ask the Commission to consider. The first condition is Condition
No. 8 on the zone change which requires chainlink fence along the north
boundary of the tract up against the school site. They ask that this condition be
removed because there already is an existing 6-foot chainlink fence that is
located about 30 feet north of the boundary line - well within the school property.
Minutes, PC, Thursday, July 15, 1999 Parle 4
Mr. Mclntosh stated that Mr. Hart, of Vantage Homes, has been in on-going
discussions with the school superintendent to see if the school would be willing
to relocate that fence over to the boundary line. The school has not agreed to
this because the school has no money for landscaping, sprinklers, etc. to
relocate the fence and fill in the area. Mr. Hart is proposing to put up a builder
fence along his property line to enclose the back yards.
The other condition that Mr. Mclntosh wanted to address and request of the
Commission is that there is approximately 1.28 acres of private parks that they
did not receive park fee credit for and they would like to get credit for those
acreages to offset the in-lieu fees that are required. They would like wording be
included to dedicate in-lieu park fees to allow for credit of up to-seven tenths of
an acre per thousand because of the facilities that are being located within the
community. Mr. Mclntosh stated that they had read through the staff report, met
with the county and Public Works staff and concur with the Planning Department
memo dated July 13, 1999.
Tom Hart, President of Advantage Homes, spoke in favor of the project. He said
that his company builds these smaller homes to make them affordable for people
in lower income brackets who would not be able to purchase homes. The
company handles sales, marketing, developing and building. They sell the
homes for less than the appraised price. This will be a gated community. One
of the problems they have encountered in the area is security. They hope to cut
down the problems by making a gated community with the two parks. The lot
sizes have a lot to do with what is needed. The back yards are not utilized
much. The homeowner's association for a minor fee will mow the front yards.
Public portion of the hearing was closed.
Commissioner Boyle stated while he sympathized with Ms. Leal about her
concerns about these being small lots, he feels that it is a regrettable trade off
that must be made in order to provide for that kind of housing. On the issue of
the school fence, Commissioner Boyle supports staff on this issue but was
concerned about the distance between the fence and school becoming a no-
man's land full of trash and weeds. Commissioner Boyle asked Mr. Grady if
there had been any thoughts on that. Mr. Grad¥ responded by saying that staff
has an alternative to putting the chainlink fence along the entire southern portion.
VVhat could be done instead is put a gate between the edge of the subdivision
and the end of the school's fence - about a 30 feet gap. Then the builder's fence
would go along the perimeter until the school got ready to move it's chainlink
fence.
· Commissioner Boyle asked what size trees were going in. Mr. Mclntosh stated
that they have no minimum standard other than the city standard and whatever
the city requires would be the size of the plant pallet. Commissioner Boyle
asked if there were city standards for the two parks that were going in. Mr.
Grady said
Minutes, PC, Thursday, July 15, 1999 Pa!Te 5
that because they are parks in the P.U.D., we do not have landscape standards
requiring it but we do have landscape requirements for plant materials going in
the public right-of-way. If they want to meet those standards, the minimum size
for a tree is 15 gallons.
Commissioner Boyle said that it was his understanding that there is no
playground equipment in the family park. Mr. Grady said that that is correct.
Commissioner Boyle stated to his fellow Commissioners that perhaps one of the
trade offs could be for the smaller lots is to add some playground equipment for
the kids to play on.
Commissioner Boyle asked the applicant if they knew at this time what the
homeowner's fees would be. Roger Mclntosh said that a consultant is working
on those numbers.
Commissioner Brady asked staff if the city was under some obligation under
ordinances or the general plan to provide a variety of housing types in the City?
Mr. Grady said that that is correct. So, by approving this project Mr. Brady
commented, that the Commission would be in compliance and actually
promoting our own ordinances within the city. Mr. Grady said that was also
correct.
Commissioner Brady asked the applicant why there was no ""tot lot." Mr.
Mclntosh said there were a number of reasons why they didn't go with
playground equipment. One of the reasons is they wanted to provide a family
area, family park, with benches and bar-be-ques and also they provided a soccer
park for some place the kids could go and there is a park within % mile which is
available. Also, playground equipment tends to make additional liability for the
homeowner's association so they opted not to put the "tot lot" facility in. Mr.
Brady said that he would like to see a "tot lot" put in. Families with small children
need to have a place to go. Mr. Hart said that they are right behind the school
which has a lot of playground equipment and as far as he knew, the school was
open.
Commissioner Brady said that overall he thinks this project would be an
improvement to the area, especially over a mobilehome park.
Commissioner Dhanens stated that he also supports the project.
Commissioner McGinnis asked if the Fire Department had looked at the project
and if the street layout met their basic needs. Mr. Grady said that they had
reviewed the circulation as part of the map process. Commissioner McGinnis
also stated that he felt the figures for school children generated by this small lot
subdivision was unrealistic. He feels it is much higher and is concerned there
will be no place for them to play. Mr. Mclntosh stated they had met all the
standards.
Minutes, PC, Thursday, July 15, 1999 Page 6
Commissioner Dhanens asked Mr. Grady to restate what the intent was in the
compromise regarding the 30 foot no man's land between the fence and the
school. Mr. Grady said that on AIIoway Lane at the edge of the subdivision there
would be a break between there and the school district fence and that break
would be closed off by the developer.
Commissioner Dhanens asked staff's reaction to the applicant's request for the
park in-lieu fees for this project. Mr. Grady said it was not evaluated for the
purposes of identifying a number but if the Commission is inclined to grant it
based on the P.U.D.'s amenities, the easiest way to handle it if the Commission
wants to. do it tonight is to write a condition to grant 7 tenths of an acre per 1,000
which is what's in the ordinance and have it based on the number of actual units
within the P.U.D. Then staff could calculate what that actually works out to be
and can work that credit out at staff level.
Commissioner Dhanens stated that he would be in support of the credit for in-
lieu fees based on the improvements the developer is installing and also would
be in favor of fencing off the 30 foot portion fronting Ross Street between the
subdivision and school fence.
Commissioner Boyle asked Mr. Grady that since the project is coming back to
the Commission for a final P.U.D. plan, if the Commission could include a
landscape plan? Mr. Grady said "yes."
Commissioner Tkac thanked Mr. Powell and Ms. Leal for coming out tonight.
They do appreciate public participation. But he feels that this will be. a "shot in
the arm" for the area and it will be a good thing. Commissioner Tkac asked how
long it will take for buildout of all the phases? Mr. Mclntosh said that Mr. Hart is
selling about 7 to 8 houses per month so it would be several months and each
phase will be done as they are needed. Mr. Mclntosh also said that Mr. Hart
informed 'him that out of the 160 lots that are already built on the school has told
him they have generated about 80 students. Commissioner Tkac asked Mr.
Mclntosh if there would be any type of patrol in the area? Mr. Mclntosh said
there would be a neighborhood watch program.
Commissioner Tkac asked Mr. Grady about weed control in the 30-foot area.
Mr. Grady said that that is school property. The school would have to take care
of that.
Commissioner Boyle made a motion, seconded by Commissioner Dhanens, to
approve and adopt the Negative Declaration to approve the Vesting Tentative
Tract 5948 Phased with findings and conditions set forth in the attached
resolution Exhibit "^" as modified by the memorandum dated July 13, 1999, from
Marian Shaw, Public Works Department. Motion carried.
Commissioner Boyle made a motion to approve and adopt the Negative
Declaration to approve Zone Change P99-0350 with findings and conditions set
forth in the attached resolution Exhibit "A" subject to the following modifications:
Minutes, PC, Thursday, July 15, 1999 Page 7
1) Condition No. 8 to be deleted and instead the applicant would be required to
put in along the west side of the project at AIIoway Lane and Ross Street a
chainlink fence closing off the gap between the project and the school, 2)
modified by the memorandum dated July 13, 1999, from Stanley Grady, Planning
Director, 3) as part of returning to us with a Final Development Plan, the
applicant will also include a landscape plan and a "tot lot" either in the family park
or the soccer park, and 4) the applicant will be entitled to a park fee to be
calculated by staff using the standard rate of 7 tenths of an acre per '1,000
population.
Commissioner Kemper said she had a concern about the !'tot lot" and about the
increase in cost to the homeowner in the monthly homeowner's association fee.
It might make it prohibitive for the economic status of the buyers. Commissioner
Kemper said that she would like the applicant to bring back a cost impact of the
association dues for putting in a "tot lot" and also there may not be enough room
in the parks to put one in.
Mr. Grady commented that staff wanted to make sure that the motion made it
clear that in regards to the 7 tenths of an acre it is within the P.U.D. not the
entire subdivision.
Commissioner Boyle said he would amend the motion to make it part of the
P.U.D. only and as far as Ms. Kemper's comments, he feels they could also be
addressed as part of the Final P.U.D. map.
Commissioner Dhanens seconded the motion. Motion carried by the following
roll call vote:
AYES:
Commissioners Boyle, Brady, Dhanens, Kemper, McGinnis, Tkac
NOES: None
ABSENT: Commissioner Sprague
Commissioner Boyle made a motion, seconded by Commissioner Dhanens, to
approve and adopt the Negative Declaration to approve Vesting Tentative Tract
Map 5948 with findings and conditions set forth in the attached resolution Exhibit
"A" and with the addition that the applicant would be entitled to a park credit to be
calculated by staff at 7 tenths of an acre per 1,000 population for those units
inside the P.U.D. Motion carried by group vote.
PUBLIC HEARING - ORDINANCE AMENDMENT
Staff report was given recommending approval of the change in the ordinance.
Public pOrtion of the meeting was opened. No one spoke against the project.
Dennis Fox spoke in favor of the project. He mentioned that an allowance might be
made to get parking off the streets.
Minutes, PC, Thursday, July 15, 1999 Page 9
10.
11.
FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East
Bakersfield)
Mr. Grady stated that he had met once with the applicant and discussed the
Commission's concerns regarding the landscaping and the access from their site to the
commercial establishment north of the project. The applicant has been working with the
architect to address those concerns and have not been able to complete that and
because the architect and the other party are not in town, it will take more time to
accomplish and that they are asking for a continuance until the meeting of October 7,
1999.
Public portion of the meeting was opened. No one spoke in opposition of the project.
Trish Harbison with SmithTech USA, representing Church of Christ, stated that based
upon the other people involved being out of town, it will be August before all the parties
can get together and is, therefore, requesting a continuance until October.
Public portion of the meeting was closed.
Commissioner Brady made a motion, seconded by Commissioner Sprague, to continue
this item until the meeting of October 7, 1999. Motion carried.
COMMUNICATIONS
There were no written or verbal communications.
COMMISSION COMMENTS
Commissioner Boyle commented that the committee regarding appointments of
Planning Commissioners met with a committee of the City Council. He stated that there
seem to be two schools of thought - being the Planning Commission should be an
independent body and the current method is probably appropriate with maybe some
changes being necessary in the matter of voting. Apparently they have been voting for
three people on one set of ballots and it was suggested that maybe it should be just one
vote per City Council person. The other school of thought is that the Planning
Commission should share ideologies with the City Council. That being the idea, the City
Council should have the ability to appoint people who reflect their thoughts in which
case the nomination procedures proposed by the ordinance would be an alternative.
The City Council members that were there were predicting a lively debate when it goes
before the full City Council. The Planning Commission committee shared with the City
Council committee their concerns that perhaps the present method is the better
alternative to preserve the public's perception of the Planning Commission being an
independent body.
Commissioner Dhanens asked staff about the project Mr. Mclntosh proposed for Castle
& Cooke that had the sidewalk detached from the curb and gutter. He wanted to know
who would be responsible for maintaining the .land between the sidewalk and the curb
and gutter if its within the city right-of-way? Ms. Shaw said it would be the homeowner'.
Minutes, PC, Thursday, July 15, 1999 Parle 8
Public portion of the meeting was closed.
Commissioner Kemper stated that she was a member of the committee and is in
agreement with the changes.
Commissioner Boyle said that he sat on the committee also and supports the change in
the ordinance.
Commissioner Dhanens said that he had mixed feelings about this. One of the benefits
of turning a unit parallel to the street is that it avoids the "barracks" affect. He thinks it is
a worthwhile goal the way it is. He cannot support the ordinance change. He cannot
see the problems and feels the development community is being faced with something
they are not used to and the issues can be worked out.
Commissioner Sprague said that he agrees with staff and Commissioner Kemper. The
change is good to what was originally proposed.
Commissioner Boyle said that he would not be opposed to send this back for further
study but was not willing to make a motion.
Commissioner Brady stated that he was on the committee and it was a long drawn out
process and he feels that it is not necessary to send this back to committee.
Commissioner Brady asked staff how long the ordinance had been in effect? Mr. Grady
replied that it had been in effect for a year or more. Commissioner Brady then asked
how many projects has the city had that has been affected by it? Mr. Eggert responded
by saying we had had one on Brookside Drive. He stated that there were numerous
projects that came in with unworkable designs - too much open space for one.
Commissioner Brady asked if this is unworkable under any circumstances and no one
can develop under this ordinance or can an exception be made on a case-by-case
basis? Mr. Grady responded by saying the difficulty with that is everyone would come in
with a reason why they could not comply. It would be hard to come up with some
measurable criteria for judging whether or not thero is some real reason why they can or
cannot accommodate this turning of the lots.
Commissioner Brady asked if its' staff's position that the remaining ordinance achieves
the goal that it was set out to achieve? Mr. Grady responded in the affirmative.
Commissioner Brady said that he would support staff's position.
Commissioner Sprague made a motion to adopt the attached resolution with all findings
approving the proposed text change to Section 17.14.026 E. supporting the
recommendations of staff. The motion was seconded by Commissioner Kemper.
Motion carried by the following roll call vote:
AYES: Commissioners Boyle, Brady, Kemper, McGinnis, Sprague, Tkac
NOES: Commissioner Dhanens
ABSENT: None
Minutes, PC, Thursday, July 15, 1999 Page 10
12,
Commissioner Brady gave an uPdate on the Beltway Committee. They are now in the
process of defining the problem and then trying to come up with a solution. One of the
issues that was talked about that he believes has some promise is that on the City's
Web site we would devote a portion of that page so that when we came up with some
proposed routes, they would actually be on the Web page and people could get online
and see where those routes are. That would be one way to get the word out to a broad
spectrum of people.
Commissioner Brady said there are significant issues about what would trigger the
notice requirements, there are legal issues that need to be addressed-and.there were
some questions raised about whether the notice would be effective. All those issues are
on the table and they have set their meeting schedule for the first and third Wednesday
of the month.
Commissioner Sprague asked Mr. Grady if there had been any progress in setting up
joint meetings with the County Planning Commission to solve problems as per his
previous request? Mr. Grady said that he had nothing to report tonight. Mr. Grady said
he would have an answer at the next Planning Commission meeting.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF
13,
August 19, 1999
NEXT PRE-MEETING.
Motion was made by Commissioner Brady, seconded by Commissioner Boyle, not to
have a pre-meeting on Monday, August 2, 1999. Motion carried.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 7:35 p.m.
Pam Townsend, Recording Secretary