HomeMy WebLinkAboutP&Z Packet 9-7-17MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
AUGUST 17, 2017 – 7:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer Mike Hensch, Phoebe Martin, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Ann Freerks
STAFF PRESENT: Sylvia Bochner, Sue Dulek, Bob Miklo
OTHERS PRESENT: Alan MacVey. Clifton Young, Ron Amelon, David Tokuhisa,
Brenda Scott, John Niemeyer, Kolleen Shields, Scott Ritter
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 the Commission recommends approval of REZ17-00010 and SUB17-
00007, a one lot subdivision and a rezoning of approximately 2.4 acres of land from
Medium Density Single Family Residential (RS-8) to Planned Development Overlay (OPD-
8) for property located along the north side of Dodge Street Court, subject to resolution
of minor technical deficiencies and discrepancies on the preliminary plat and planned
development plan and subject to the following conditions:
a. Owner shall dedicate sufficient land along the entire property frontage to widen
the Dodge Street Court right-of-way to 50 feet as a part of the final plat and
planned development plan.
b. Development on the subject properties shall be designed to drain on-site storm
water away from Dodge Street Court to the extent possible and shall be designed
to prevent erosion in the steep ravines and on abutting properties. The City
Engineer shall review and approve the drainage plan as a part of the construction
drawings for the final plat and planned development plan to ensure these
conditions are addressed.
c. Building designs shall be reviewed and approved by the City's Design Review
Committee to ensure compliance with the planned development standards for
townhouse-style buildings.
By a vote of 6-0 the Commission recommends approval of SUB17-00009, an application
submitted by Watts Group Construction for a preliminary plat of Country Clubs
Estates Seventh and Eighth Additions, an 81-lot, 27.95-acre residential subdivision
located of Rohret Road west of Lake Shore Drive.
By a vote of 6-0 the Commission recommends approval of SUB17-00012, an application
submitted by Linda Lovik for a preliminary plat of Lovik First Subdivision, a 3-lot, 11-acre
residential subdivision located at 4665 Herbert Hoover Highway SE.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 2 of 12
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING/DEVELOPMENT ITEM (REZ17-00008/SUB17-00007):
Discussion of an application submitted by Build to Suit for a rezoning of approximately 2.4 acres
from Medium Density Single Family Residential (RS-8) zone to Planned Development Overlay -
Medium Density Single Family Residential (OPD-8) zone and a preliminary plat of Focus First
Addition, a 1-lot, 2.4-acre residential subdivision with 7 townhouse style dwelling units located
on Dodge Street Court.
Miklo began by showing images of the property, located on North Dodge Street Court east of
Conklin Lane. The area to the west is zoned Low Density Multifamily (RM-12), the subject
property is zoned Medium Density Single Family (RS-8), and the property to the south is zoned
High Density Single Family (RS-12). The proposal is to change the zoning from RS-8 to
Medium Density Single Family with a Planned Development Overlay (OPD-8). Miklo explained
the purpose of the planned development overlay is to allow clustering of housing units into
smaller compact areas. So rather than building seven single family lots on this property the
proposal is to cluster them into two buildings, one with four units and one with three units. By
doing this the wooden ravines and steep slopes on the property can be preserved as open
space.
Miklo noted there is a list of approved criteria in the Zoning Code that should be considered
whenever a planned development overlay is proposed. The first is that the density is in
character with the neighborhood. As noted this property is zoned RS-8 which allows up to eight
dwelling units per acre. Miklo stated that with the amount of open space preserved on this site
the development would actually be three units per acre, so well within the range permitted by
zoning. Next the development should be in characteristic with other developments in the
neighborhood. There are several townhouses directly to the west of the subject property and a
multi-family building also to the west. There are single family homes to the south and east, and
duplexes also to the south. Staff believes that these seven townhouses arranged in this pattern
would be compatible and similar in character to the other properties in the neighborhood. He
said they would also be similar in terms of building mass and scale. Miklo stated they must
also consider open space, there is a considerable amount of open space being preserved on
this property as a result of the proposal to cluster the units.
The next item to consider is traffic and pedestrian circulation. The vehicular access for this
property would primarily come off of Dodge Street through the existing multi-family development
and through a rear lane where there would be driveway access to garages within the
townhouses. There would be a pedestrian access from Dodge Street Court and the sidewalk
extended. It may be possible that some visitors may choose to use Dodge Street Court for
parking, but there will be additional visitor parking provided on this property as well as rear door
way so there would be no reason to have to approach the building from Dodge Street Court.
Miklo noted that the right-of-way for Dodge Street Court is fairly narrow so staff is proposing as
a condition of this zoning that additional right-of-way be dedicated to bring it up to the minimum
of 50 feet.
As noted, this property does contain steep slopes and woodlands, and the majority of those will
be preserved. The homeowners association for this development would be required to maintain
that open space.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 3 of 12
Additionally the Commission is being asked to approve the preliminary plat for this proposal.
That would result in the dedication of the street right-of-way and also contains information about
stormwater management. Miklo stated that the City Engineer has not yet signed off on the
stormwater plan but is in agreement with it conceptually. The goal is to direct stormwater to the
ravine to the north. To prevent erosion in the ravine from the more concentrated flow, additional
measures may need to be taken beyond what is shown on the preliminary plat. As a condition
of approval Staff is recommending that the City Engineer sign off on the grading plan.
Miklo stated they have received revised elevation plans and noted that the Code does require
the masonry extend along the entire two feet on all sides of the building to protect building
siding from lawnmowers and other damage. That will also need to be revised prior to this item
going to Council for approval.
Staff recommends approval of REZ17-00010 and SUB17-00007, a one lot subdivision and a
rezoning of approximately 2.4 acres of land from Medium Density Single Family Residential
(RS-8) to Planned Development Overlay (OPD-8) for property located along the north side of
Dodge Street Court, subject to resolution of minor technical deficiencies and discrepancies on
the preliminary plat and planned development plan and subject to the following conditions:
a. Owner shall dedicate sufficient land along the entire property frontage to widen the
Dodge Street Court right-of-way to 50 feet as a part of the final plat and planned
development plan.
b. Development on the subject properties shall be designed to drain on-site storm water
away from Dodge Street Court to the extent possible and shall be designed to prevent
erosion in the steep ravines and on abutting properties. The City Engineer shall review
and approve the drainage plan as a part of the construction drawings for the final plat
and planned development plan to ensure these conditions are addressed.
c. Building designs shall be reviewed and approved by the City's Design Review
Committee to ensure compliance with the planned development standards for
townhouse-style buildings.
With those conditions Staff finds with the rezoning and preliminary plat meet the Comprehensive
Plan for this area and is consistent with the general character of the neighborhood.
Martin asked about land dedicated to be open space, what are the requirements for that space?
Can it never be built upon? Miklo answered that with this planned development they will specify
that only these seven units will be allowed to be built and the rest will remain permanent open
space. Only if it comes back before Planning & Zoning and City Council could it be reexamined
for additional building. Miklo does not anticipate that happening given the topography of this
area.
Signs asked if there were two single family homes at the end of the street. Miklo confirmed
there were single family homes and a series of duplexes in that area.
Theobald asked about the good neighbor meeting and if there was a report of that meeting.
Miklo said the applicant could comment on the meeting.
Theobald asked if there was anything that needed to be added to this recommendation
regarding the access and driveway for the single family house at the end of the street. Miklo
said the engineers have looked at it, currently the driveway crosses the property (there is no
easement) so the applicant has agreed to formalize the easement and grant rights to that
property for use of the driveway.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 4 of 12
Hensch opened the public discussion.
Alan MacVey (1124 Conklin Lane) questioned if the street (Dodge Street Court) was going to be
widened. Miklo stated that at this time there are no improvements planned for the street other
than putting in a sidewalk. It is the right-of-way, or easement that the City would own that is
being widened to 50 feet meaning more land is dedicated to City ownership. MacVey stated his
concern that with the addition of the townhouses along that road even though they all have
access from Dodge Street a lot of them park on the street anyway, and now we are adding
seven more which makes it quite crowded. The street is narrow and does not have great
pavement. MacVey noted this concern did come up in the good neighbor meeting as well. He
would like to see some improvements to that street.
Clifton Young (1124 Dodge Street Court) stated that what the developer is doing is fine. He is
just concerned about the traffic added to the street and the issues with drainage on the street.
He pays $5 a month for drainage fee to the City and his driveway keeps getting eroded by the
water that runs down from the slope of the street. He hopes they can fix the drainage issues.
Hensch closed the public discussion.
Signs move to recommend approval of REZ17-00010 and SUB17-00007, a one lot
subdivision and a rezoning of approximately 2.4 acres of land from Medium Density
Single Family Residential (RS-8) to Planned Development Overlay (OPD-8) for property
located along the north side of Dodge Street Court, subject to resolution of minor
technical deficiencies and discrepancies on the preliminary plat and planned
development plan and subject to the following conditions:
d. Owner shall dedicate sufficient land along the entire property frontage to widen
the Dodge Street Court right-of-way to 50 feet as a part of the final plat and
planned development plan.
e. Development on the subject properties shall be designed to drain on-site storm
water away from Dodge Street Court to the extent possible and shall be designed
to prevent erosion in the steep ravines and on abutting properties. The City
Engineer shall review and approve the drainage plan as a part of the construction
drawings for the final plat and planned development plan to ensure these
conditions are addressed.
f. Building designs shall be reviewed and approved by the City's Design Review
Committee to ensure compliance with the planned development standards for
townhouse-style buildings.
Parsons seconded the motion.
Signs noted that it appears that the intent of the developer is to deal with the drainage issues so
hopefully that will alleviate the neighbors’ concerns. Additionally the density seems appropriate.
Theobald is concerned that the conditions listed do not include the issue of the driveway, just
the steep slopes to the north. Miklo said the plan shows the driveway being paved and so by
the Commission adopting this plan the driveway up to the property line will be paved. The
adjacent owner would need to make arrangements to pave the driveway on their own property if
they wished. He also noted that the City Engineers believe that the drainage can be improved
with implementation of this plan.
A vote was taken and the motion passed 6-0.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 5 of 12
DEVELOPMENT ITEM (SUB17-00009):
Discussion of an application submitted by Watts Group Construction for a preliminary plat of
Country Club Estates Seventh and Eighth Additions, a 27.95-acre, 81-lot residential subdivision
located north of Rohret Road and west of Lake Shore Drive.
Bochner presented the Staff report and began by showing pictures of the subject property. This
area is in the process of being rezoned from Rural Residential (RR-1) and Interim Development
Single-Family Residential (ID-RS) to Low Density Single-Family Residential (RS-5). The
applicant used the "Good Neighbor Policy". A Good Neighbor Meeting and Open House was
held on May 25. The subject area is located within the Weber Subarea of the Southwest District
Plan. The Southwest District Plan indicates that the undeveloped portion of the Country Club
Estates property is suitable for low-density single-family residential development, with a density
of 2-8 dwelling units per acre. This plan show approximately 3 dwelling units per acre, so it falls
within the Plan’s range. The subject area is in the process of being rezoned to Low Density
Single-Family Residential (RS-5), a zone which is primarily intended to provide housing for
individual households. In this zone, the minimum lot size is 8,000 square feet. However, Section
14-2A-7A of the zoning code provides a density bonus that reduces minimum lot size for
dwellings whose vehicular access to garages and off-street parking is restricted to an alley or
private rear lane. Under this provision, minimum lot size is reduced to 6,000 square feet and in
this subdivision, the lots along Rohret Road are in compliance with this provision.
According to the subdivision regulations, block faces along local and collector streets should be
between 300 and 600 feet and on arterial streets, the subdivision regulations state that blocks
should be longer than 600 feet. All the streets in this proposed development met that
requirement except for Sedona Street but because it is longer than recommended there is a
pedestrian access trail. The two new streets created in this subdivision are Sedona Street and
Yuma Drive. Tumbleweed Terrace will be extended into this subdivision from a prior
development. All of these streets meet the subdivision regulations of having a 60 foot right-of-
way and a minimum 26 foot street width. The subdivision also includes a private residential
alley behind the lots on Rohret Road. Because the alley is an 1100 foot, unimpeded straight
road, the preliminary plat includes traffic calming devices to prevent speeding and protect
pedestrians. These include two speed tables and a raised crosswalk for the connecting
pedestrian trail.
The subdivision includes two outlets that provide access easements and open space, which will
be deeded to the Country Club Estates Homeowners' Association. To prevent issues with
double frontages for lots 72-81, Slothower Road should be vacated. This can be done if and
when the land to the west is annexed.
Bochner stated that in terms of the infrastructure Rohret Road is a rural cross section with chip
seal surface and drainage ditches. When prior phases of this subdivision were built the
developer improved Rohret Road up to Lakeshore Drive. As a condition of the rezoning of this
area the developer agreed to improve Rohret Road up to Sedona Street. The applicant agrees
to pay 50% of the cost of improving the street to the western city limits. The City and/or future
private development to the south will be responsible for the other 50%.
Until Rohret Road is fully improved, trash and recycling collection for the lots along Rohret Road
must be done via the private rear alley. Because the City does not collect trash and recycling
from private alleys, trash and recycling from these lots must be collected by a private hauler.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 6 of 12
In terms of open space during a previous phase of Country Club Estates, approximately 4.7
acres were dedicated for parkland. This dedication was intended to provide open space for
future phases of Country Club Estates, including the area in this subdivision so no additional
open space fees will be required.
Bochner explained that stormwater management is also provided through a previous phase by a
stormwater basin located north of the subject area. Sanitary sewer service is available to serve
this property as a result of the lift station installed for earlier phases of Country Club Estates.
The applicant has submitted a water pressure study demonstrating that water pressure is
adequate to serve the proposed subdivision.
Staff recommends that SUB17-00009, an application submitted by Watts Group
Construction for a preliminary plat of Country Clubs Estates Seventh and Eighth Additions,
an 81-lot, 26.37-acre residential subdivision located of Rohret Road west of Lake Shore
Drive be approved.
Hensch asked why Yuma Drive was just continued rather than putting in the pedestrian
walkway. Miklo said Staff did consider that at the concept plan phase but after discussions
with the developers it was decided to allow the pedestrian walkway rather than a street
connection.
Hensch asked if Tumbleweed Terrace connects to Slothower Road. Miklo said it does but
that section of Slothower Road has been abandoned by the County so it is not possible to
drive on it.
Dyer asked if Sedona Street opens onto Rohret Road. Bochner replied that yes, Sedona Street
opens in two different places, one closer to Lake Shore Drive and then again further west closer
to Slothower Road. Dyer asked then why is Rohret Road not being improved to the western
intersection wiht Sedona Street. Parson noted that discussion was had when the rezoning was
discussed and had to do with the conditions on the south side of the road. Miklo added that the
Commission has made a recommendation to the City Council that when they do the Capital
Improvements Plan they include the remainder of Rohret Road.
Hensch mentioned the correspondence the Commission received concerning possible drainage
onto a neighboring property and asked if there was a grading plan that accompanies this item.
Miklo noted that there is a grading plan and he has also passed the neighbors letter of concern
onto the City Engineer. Miklo also stated by looking at the plans, the drainage should go the
other direction and not affect the neighbor’s lot.
Hensch opened the public discussion.
Ron Amelon (MMS Consultants) is representing the developer. As far as the concerns about
the drainage the back lot line is the low area and the back yards of lots 4 & 5 will drain towards
that back lot line but won’t actually drain onto the other property. There will be a swale there to
collect the water before it gets onto the neighboring lots and then direct that water down to the
detention basin.
Signs asked when there is a neighbor or citizen that expresses a concern, does someone reach
out to them to explain the solution. Amelon said they typically do, especially if they approach
them, he is happy to meet with them and show them the designs.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 7 of 12
David Tokuhisa (3305 Rohret Road SW) lives on the south side of Rohret Road and has a
couple of concerns. On May 25 at the Good Neighbor Meeting the representative for the
developer stated they would have Rohret Road resurveyed so that any further extension of
Rohret Road would be to the north of the center line, they wouldn’t be taking any more right-of-
way. His question is if that has been decided and become locked into black and white print or
was it just used to placate homeowners. He recalls it was briefly mentioned during the rezoning
meeting but doesn’t know if anything came of it.
He also has concerns about the higher density housing along Rohret Road where on the other
side are very large lots and houses. That will be quite a contrast. Tokuhisa thought it was the
desire of the City to have those situations not happen and he suggests those smaller lots be
moved to the west along Slothower Road and the larger lots placed along Rohret Road.
Therefore his two recommendations are that the current development plan be modified to
ensure that the road is going to be developed further north and also so that the smaller lots be
moved away from the very large lots across the road.
Miklo stated that the subdivision has been designed to shift Rohret Road to the north when it is
rebuilt so that no additional right-of-way will be needed from the properties to the south. Miklo
confirmed that is reflected on the preliminary plat. Miklo added that one benefit of having the
smaller lots with the alley access on Rohret Road is Rohret Road is considered an arterial street
and this will minimize the driveways onto the street.
Hensch asked if there would be parking allowed on Rohret Road and Miklo said there is no
parking allowed.
Brenda Scott (1783 Lake Shore Drive) asked about the other three lots and if they would have
similar drainage away from their houses (lots 1, 2 &3). She also is concerned about the
walkway and not having a solid walkway for the 41 – 32 area as she is guessing that walkway is
going to be a great cut through for kids since they are only a few blocks from Weber School and
if there is not a good sidewalk between that area all the school that is a danger as people speed
fast down that section of Rohret Road. Scott also mentioned that she didn’t understand what
vacating Slothower means between the area of 72 & 81 because at the Good Neighbor Meeting
there was a request for Slothower to be connected to Melrose Avenue and if it’s vacated does
that mean it is shut down forever.
Hensch said that currently Slothower Road is a level B road which is in the County system but it
is at a much lower maintenance level (maybe grading once a year with no snow removal in
winter time). Miklo added that the intent is that the connection to Melrose will occur on the
northern part of Slothower Road and it is the southern part that has been abandoned. Miklo
said there are streets in early phases of Country Club Estates that are intended to connect to
Slothower Road and be the path to Melrose Avenue.
Scott stated her concern with that is what happen at Shannon Drive, a lot of cut-through traffic in
the neighborhoods where there are a lot of kids out walking around. It would be better to have
the through traffic go on the back of the property where there are less kids walking around.
Scott also asked if it was outlots A & C that will be deeded to the HOA. Bochner confirmed that
was correct.
Miklo stated regarding the sidewalk, although the street (Rohret Road) will not be improved,
there will be a sidewalk put in place for all lots along Rohret Road.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 8 of 12
John Niemeyer (1405 Lake Shore Drive) was unable to attend the Good Neighbors Meeting and
has a couple questions for clarification. Nothing has been said about the timetable for moving
this project forward and is there any generalization that can be made with respect to that. Miklo
responded that in terms of City approvals, if all moves forward and the final plat is approved yet
this fall it would then be a question to the developer when they would want to start construction.
Niemeyer asked if it was the Watts Group that is developer in question. Miklo said he believes
Watts Group is in the process of purchasing the land, but at the time the application was
submitted the land was still owned by S&J Development.
Niemeyer stated that reference was made to 4.7 acres of open space and he is unclear where
that space is. Bochner confirmed that land has been dedicated to be a park that will be built in
the future and she showed the area on the map, near Wildcat Lane and Slothower Road.
Niemeyer asked if that open area would not be accessible from the tract currently under
consideration. Bochner said not directly, but once the streets are built it will be accessible to the
neighborhood. Miklo noted that the 4 acres is intended to serve all of Country Club Estates.
Niemeyer questioned the pedestrian path, what it is for and where it starts, where it ends, and
who will use it. Bochner showed on the map that the pedestrian path begins on Rohret Road
and goes through to Tumbleweed Terrace, it is an extension of Yuma Drive as pedestrian
access. Niemeyer asked if then students perhaps walking westbound along Rohret Road would
approach the pedestrian walkway and reach their homes that way. Bochner acknowledged that
is a possibility.
Kolleen Shields (3335 Rohret Road SW) stated she has similar concerns to her neighbors that
are also on the south side of Rohret Road. The characteristics of their lots, which are 2-4 acres
in size and that the area on the north side was zoned Rural Residential for 1 acre lots or greater
when they bought their properties 30 years ago and now they will be looking at this higher
density housing. It is so uncharacteristic with what they consider their neighborhood. She is
also concerned about how much of the development that can occur before the road actually
gets finalized down where their home is located. Can those lots be developed without Rohret
Road being finalized? Right now one cannot walk on Rohret Road so that pedestrian path has
no purpose leading to Rohret Road.
Miklo noted that the subdivision has been designed to include an 8 foot sidewalk along Rohret
Road and the grading for these lots will need to accommodate that. When Rohret Road is
improved in the future those sidewalks may need to be rebuilt but once houses are built here
there has to be a sidewalk.
Brenda Scott (1783 Lake Shore Drive) asked based on the talk about grading to the north, does
that mean any existing homes (such as hers on the corner of Rohret Road and Lake Shore
Drive) may have extra land taken from them to allow for the grading to the north. Miklo replied
that no current home lots will be affected, the shift occurs after the entrance to Lake Shore
Drive.
Ron Amelon (MMS Consultants) said that as far as the drainage on lots 1, 2 & 3 when the
previous phase was graded the back lot line was designed to be the low point through there
such that it would pick up water on both sides. The runoff from those three lots would not
actually go onto the other lots, it would stay on the back lot line and keep the water there and
send it up to Tumbleweed Terrace and collect it in the City storm sewer system.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 9 of 12
With regards to the construction schedule, Amelon said the developer would like to get started
grading this fall and depending on the weather and when approvals are granted there is a
possibility they may get streets paved yet this year, but if not then in the spring.
Hensch closed the public discussion.
Parsons moved to recommend the Commission approve SUB17-00009, an application
submitted by Watts Group Construction for a preliminary plat of Country Clubs
Estates Seventh and Eighth Additions, an 81-lot, 27.95-acre residential subdivision
located of Rohret Road west of Lake Shore Drive.
Theobald seconded the motion.
Hensch asked how wide the pedestrian walkway will be and what the surface of the
walkway will be. Miklo said it will be five-feet wide and concrete similar to other sidewalks
in the subdivision. The sidewalk along Rohret Road will be eight-feet wide and also
concrete.
Dyer asked if the houses along Rohret Road face Rohret Road. Miklo confirmed they do.
A vote was taken and the motion passed 6-0.
DEVELOPMENT ITEM (SUB17-00012):
Discussion of an application submitted by Linda Lovik for a preliminary plat of Lovik First
Addition, an 11-acre, 2-lot residential subdivision located at 4665 Herbert Hoover Highway SE.
Miklo stated that this property was recently rezoned from County Commercial to County
Residential. The City recommended that the County approve the rezoning subject to a
Conditional Zoning Agreement (CZA) requiring City approval of any development of the property
and the owner consenting to annexation of all parts of this property upon the annexation of any
adjacent property. This property is in the City’s growth area and they do anticipate it will be
annexed. The current owner has already agreed to be annexed whenever an adjacent property
annexes. The City is comfortable with that agreement because it will make sure this does not
prevent another property from being annexed.
The intent is to subdivide the property into a lot with the existing house, create a second lot that
could be sold and both properties would have access from the current driveway through a
temporary easement. It is anticipated in the long term Grindstone Lane which is being built
currently in Churchill Meadows will continue to the west and likely go through this property and
that would provide long-term access to the second lot. There would also be an access and
utility easement across Lot 2 to provide for a future connection of Lot 1 to Grindstone Drive so
that Lot 1 would not have driveway access onto Herbert Hoover Highway. The remainder of the
property will be an outlot that can only be developed on annexation to the City under the
Conditional Zoning Agreement. Upon replatting of Outlet A, a street system must be
established, thereby eliminating the need for this access easement and giving Lots 1 and 2
access to the new street. Lot 1 is currently served by a private water well and a septic system
and the proposal is to use that common well and septic system for the additional lot. Upon
annexation these properties would hook into the City’s systems upon the owner’s expense.
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 10 of 12
Martin asked if both Lots 1 and 2 are each at least 1 acre. Miklo confirmed they are each 1 acre
which meets the County’s minimum size for a lot with a septic system.
Staff recommends that SUB17-00012, an application submitted by Linda Lovik for a preliminary
plat of Lovik First Subdivision, a 3-lot, 11-acre residential subdivision located at 4665 Herbert
Hoover Highway SE be approved.
The CZA requires that the owner consent to annexation at the time an adjacent property is
voluntarily annexed into the city. To assure that future buyers are aware of this agreement it
should be reiterated in the legal papers for the final plat.
Hensch asked if Staff is anticipating any additional access points on Herbert Hoover Highway.
Miklo said there is the possibility of a street replacing the current driveway.
Hensch opened the public hearing.
Scott Ritter (Hart-Frederick Consultants) is representing the owner, Linda Lovik, who is also in
attendance at tonight’s meeting and are available for questions. Ritter noted they have worked
extensively with Staff on the street ideas.
Dyer asked if another house on the new Lot 2 is planned. Ritter confirmed another house is
planned by Lovik’s son.
Hensch closed the public hearing.
Parsons moved the Commission recommend approval of SUB17-00012, an application
submitted by Linda Lovik for a preliminary plat of Lovik First Subdivision, a 3-lot, 11-acre
residential subdivision located at 4665 Herbert Hoover Highway SE.
Theobald seconded the motion.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: AUGUST 3, 2017
Signs moved to approve the meeting minutes of August 3, 2017 with edits.
Parsons seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Theobald questioned the Comprehensive Plan talking about diversity but also consistent with
neighborhoods and the confusion. For example, the application this evening and if all lots have
to be the same size and all housing has to be the same density. Miklo stated that when reading
the Comprehensive Plan it actually favors the side of diversity. Theobald thinks that may need
to be communicated better to the public. Signs added that the reality is everyone wants to live
across from a field of green and woods and believes it will be that way forever. It is just a
significant disconnect. Miklo said in the situation of tonight’s application, those houses were
Planning and Zoning Commission
August 17, 2017 – Formal Meeting
Page 11 of 12
built in the County prior to the City and County having a good understanding of future
developments so there isn’t such a huge lot size differential.
ADJOURNMENT:
Signs moved to adjourn.
Theobald seconded.
A vote was taken and motion carried 6-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2016 - 2017
12/15
1/19
2/2
3/2
3/16
4/6
(W.S.)
4/20
4/20
5/4
5/18
6/1
(W.S)
6/7
6/15
7/6
7/20
8/3
8/17
DYER, CAROLYN X X X X X X X X X O/E X X X X X X X
FREERKS, ANN X X X X X O/E X X X X X X X X X X O/E
HENSCH, MIKE X X X X X X X X X X X O/E X X X X X
MARTIN, PHOEBE X X X X X X O/E O/E X X X X O/E X X X X
PARSONS, MAX X X X O/E X X X X X X X X X X X X X
SIGNS, MARK X X X X X X X X X X X X X X X X X
THEOBALD, JODIE X X X X X X X X X X X X X X X O/E X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member