November 13, 2007 Zoning Minutes

Mayor Mullin called the meeting to order at 5:45 p.m. Those in attendance were Mayor Mullin, Commissioner Allis, Commissioner Burkett, Commissioner McPherson, City Manager Edwards, Yuen Lee-RPA, Curt Blair-Building Official and Vern Thomas. Vice Mayor Wilkerson was absent. Commissioner Allis made a motion to approve the minutes of the previous Land Use/Zoning Workshop meeting. Commissioner McPherson seconded the motion. All Commissioners voted aye and motion carried.

Mayor Mullin said the M Zoning would be the next issue to be discussed after the PUD is completed. It was recalled that if the permitted use for the Daisy Dallas Road area has a business that is sold, and the same business continues, it will be valid. If the business is discontinued for six months or more the permitted use will not be valid.

During discussion of the PUD the following was discussed:

            .01-No changes.

            .02-Commissioner McPherson wanted owner tenant condos, particularly in the marina apartment area. It can be hard to enforce. Townhouses are where you own the land the house is on. (G) Remove churches in a PUD. Single family units attached or detached condos or townhouses are not defined. Ownership cannot be regulated. They should be limited to no more than four units detached. If there is a hardship case there needs to be a reason given.

.03-Is okay at 35 feet high, which is two and a half stories. (D) Curt Blair said building separation follows City code; reference the City Building Code for set back and separation.

            .04-Delete (B) need two spaces per unit. (C) Omit no churches, etc.

            .05-Okay.

            .06-(C) Sidewalk criteria okay. (F) There is no municipal sewer; should read public sewer.

            .07-Wetland add 40' buffer. The 4.5 usable land criteria is okay. Commissioner Allis said the 50% slope is restrictive. Yuen Lee said you may not want all apartment units. Mayor Mullin said the marina cabin area on the water could be used as a common area. The PUD plan from Jaggers Bay had unusable land for a common area; they need better common use area than they had on their plan. Yuen Lee asked if the Commissioners could be agreeable to other areas of the City being a PUD, such as along Hale Road and Daisy Dallas Road. Can the City turn down a PUD request? Curt Blair said a reason should be given to rezone for a PUD. It has to be approved and can be turned down. The last words in .07 should be changed to City Manager not Commission.

            .08-(D) Commissioner McPherson questioned whether retention ponds were counted as open space. Curt Blair said there were no retention ponds in the City, although the Storm Water Agreement allows them.

            .09-Contours should be on two foot intervals.

            .10-Approve as a whole complete plan, but it can be built in phases. Commissioner Burkett asked if PUD can be done all at once. Curt Blair said they can do a common area then develop. No staging for PUD’s. Leave .10 as is.

            .11-Okay.

            .12-(A)Add “s” to Pre-Application Conference(s). (B)Get Storm Water staff involved to talk to developer. Change contours at 5 feet intervals. 1"=100' shall be met as a minimum. Commissioner McPherson said the source of water needs to be included. The State requires the Health Department to regulate sewer/septic systems. Preliminary PUD plans must follow the same criteria. (C) Change the zoning to two readings by a majority. RPA approves, or approves with conditions, the final PUD, then it goes to the City. (D) Commissioner Burkett asked if the PUD has two years to substantially complete the project, is that too long a time. It is okay if it is substantially completed.

Curt Blair said we update the Zoning Ordinance instead of doing changes by ordinance. He said not to put an ordinance in this PUD Ordinance, leave out ordinance on the last paragraph on ©).

Yuen Lee said she could get the PUD to the RPA in December and to us at the January 2008 meeting for the PUD alone.

Commissioner Allis moved to adjourn at 7:45 pm.

Minutes:       Approved ( )                __________________________________

                      Amended ( )                                             Recorder

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                      Date                                                Mayor.