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August 4, 1983
7:00 P.M.
Hansen, Bailey, Miller, Kaiser & Martyn
City
Volk
minutes with Mr. Kelly seconding. Motion carried
2:
AGENDA ITEM NO.3: 83-113: A public hearing on the question of rezoning Lots 15&16
West Park: Subdivisionfrom>Single Family ResidentiaJ District R--l to Single Family Resi-
dentlal.Olstri'ct R-1A. Application is in the name of Joseph L'. Mashburn.
pointed out that this is
Mr. Hi,ll ;opened the publ J.c hearing and Joseph Mashburn, 401 Highland came forward to
explaipthat rezoning would offer him more flexibility wit~ development on these lots, .
and fu:rt:~er stated that he has a legal question regarding being able to replat these
lotsw!it,Hout rezoning them to R-1A, which would allow development of smaller lots.
Discusisl,qn followed after which the appl icant requested that the Commission table this
item uptiii~after the study is done which the staff recommended regarding land uses and"
desrra!bli!~i zoning in the area, He further stated that he agrees with Mr. Callaway that
thls s!tu,dy. needs to be done concerning use and revitalization of this area, and tabling
hi,s requl~st would give the Commission time ~o make this study and offer suggestions.
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P&ZMinutes
8-4-83
page 2
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He then stated that he definitely wants to replat these lots, but now has the under-
standlng that he can do this without the benefit of rezoning. Mr. Callaway repeated
that he could not say definitely that these lots can be replatted without benefit of
rezoning, but that he believes that they can be. Mr. Mayo agreed that this is his
understanding also, No one else spoke, and the pub,lic hearing was closed. Further
-discussion followed concerning the merits of tablirig, approvihg or denying this request,
after which Mr'. Kelly made 'a motion to table this, item at the request of the appl icant.
Mr. Hansen seconded the moti'on whlch 'carried 6-1 with Mr. Bailey voting agalnst it.
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, Mr. Mayo'explained that the concerns pointed out in the Presubmission Conference report
had been taken care of, therefore staff recommends approval. Discussion followed and
Mr. Pullen was asked to explain the reasons for hi,s concerns. He explained that the
easement had ~reviously been designated a utility easement, and he r~quired that it be
a drainage and utility easement which would preclude the building of!a.nything in the
easement, including a fence, therefore staff is now satisfied with tHis replat. Mr.
Bailey made a motion to approve the pl~t as shown with Mr. Martyn sec6nding. Motion
. carried unanimously 7-0.
Phase II.
Mr. Mayo explained this plat and located the area on a map.. He further indicated staff
recommends approval of this plat as shown. Mr. Bailey asked about curb cuts., and M'r.
Mayo referred.toas.iteplan which is agenda item #10 which shows the access points, and
then loc'ated approximately where they would fall on this plat. Mr. Kelly asked.,lf all,
easements' ,requested:. had ': been [ihcluded and:;'Ma.y.o. ;.re.pli ed tiley have been. Mr. KeJ ly then
made a motion to approve the plat with Mr. Hansen seconding. Mr. Bailey asked if the
publlc should be put on notice that the curb 'cuts will be li'mlted to.this land, and
requested that the 'note Haccess may be limited by "the Clty Engineer"be added to this
plat. Afterdlscussion Mr. Miller made~a motion to amend the previous motion to
include this note, with Mr!l Bailey' s.econdlng. Further discussion followed after which
the amended 'moti on was withdrawn by Mr::. Mill er& Mr. Sa iley, and votes were cast on the
original motion. The original motion to ,approve thi's preliminary plat as shown passed
una n i' JTlQ us 1 y. (7 - 0) .
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",Mr. Hansen was Mr., Mayo explained the plan, stating
recommendation on the P.R.C. report concerning changing the 9 ft. driveway to 20
still a recommendation w.hich the Fire Marshal has made. He 'stated that the Fire Marshal
has pointed out that this 20 ft.dri'veway is n9t .required by Ordinance, but rather is
a recommendation from the Fire Department which has been made to provide emergency
vehicles better acces~ to this structure. Mr. Mayo further pointed out that the trees
which are shown on the plan are not l!inch caliper, and staff recommends that they be
changed to meet the Ordinance requirements. Othertha~these 2 changes, staff recom-
mends approval of the plan. DIscussion followed concerning fire hydrants, and Mr. Pullen
explained that fire hydrants for this entire subdivision have been spaced to cover all
areas. Mr. B~iley then made amotion to approve- this:planwith all P.R.C. recommenda-
tions, including the 20 ft, driveway and the add tionof the requirement that the trees:
must meet Ordinance requirements of l!H caliper' n size. Mr. Martyn seconded the motion
which passed 6-0~1 (Hansen abstained) .
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