HomeMy WebLinkAboutMinutesimproved the drainage. He added that he was not aware of any plans for a drainage
ditch and pointed out the general fall of the whole area as it pertains to drainage.
Orin Michael, 1011 Dominic, also expressed concerns about the drainage and
flooding. He stated that a drainage foil was needed with the additional run-off from
more impervious surfaces going in vs the minimum detention efforts.
Commissioner White interjected that having a drainage easement, providing
reserved property grated by the property owner, would allow for the redirection of
the water-flow in order to preserve the neighboring homes and properties.
Commissioner Davis clarified with Mr. Micheal that water is coming through and
running under the fence.
Mr. Deason pointed out that an extensive water drainage study was conducted and
approved by the City and drainage issues were addressed. He asked that Staff
revisit the study and its conclusion, determine if the requirements have changed
since the time of its approval before requiring the drainage easements.
Development Manager Ruiz explained the 30-day rule on plats to the Commission,
stating that action on this plat was required.
Chairman Shafer closed the public hearing.
Assistant City Attorney Nemcik explained the Commission's options by approving the
plat with or without requiring a drainage easement. She added that Staff should
review the drainage plan and determine whether or not the plan needs to be
modified in order to reflect the placement of the drainage easement. Based on
Staff's recommendation, Ms. Nemcik stated that the Commission may require a
drainage easement and if the the developer is not going to ameliorate; an
abandonment letter can be requested. She added that the developer has an
obligation to address the flooding experienced by the adjacent property owners.
Ms. Ruiz stated that Staff will meet with the engineer of record and review the
studies and the plans for the development.
Lastly, Ms. Nemcik stated that the City can enforce the drainage ordinance
regardless of whether or not there is a drainage easement and that drainage
improvements can be achieved through the drainange regulations and by separate
instrument.
Commissioner Davis motioned to approve the plat with the condition of a 5-foot
drainage easement through Lot 7. Commissioner White seconded the motion and
asked Staff to report to the Commission the engineering finds once the reports and
plans have been reviewed with the engineer of record. The motion carried 4-1.
FOR: Shafer, Davis, White, and Reynolds.
AGAINST: Hall.
ABSENT: Williams and Trapani
9. Public hearing, discussion, and possible action on a Rezoning for Phase 6 of
the Castlegate Subdivision from A-O Agricultural Open to PDD Planned
Development District, consisting of 10.80 acres generally located on the
north side of Greens Prairie Road, just west of Castlegate Drive. (04-48)
Staff Planner Reeves presented the Staff Report, recommending approval by Staff of
the rezoning request as submitted. The proposed Planned Development District is
for a single family integrated residential community with amenities. This District also
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provides for the meritorious modifications of the regulations that allows for the
developer to continue the development as it was originally envisioned and
implemented in the previous Sections 1-5 of the Castlegate Subdivision. These
modifications along with the concept plan will go before the Design Review Board
(DRB) on March 26, 2004. In closing, Ms. Reeves stated that the proposed
development is in compliance with the Land Use Plan.
Chairman Shafer opened the public hearing. There were no comments made.
Therefore, Chairman Shafer closed the public hearing.
Commissioner Davis motioned to approve the rezoning, which was seconded by
Commissioner Reynolds. The motion carried 5-0.
FOR: Shafer, Davis, White, Hall, and Reynolds.
AGAINST: None.
ABSENT: Williams and Trapani
10. Public hearing, discussion, and possible action on a Rezoning for Nantucket
Phase 7, consisting of 4.794 acres located south of Nantucket Drive
between State Highway 6 and Harper's Ferry Road from A-O Agricultural
Open to R-1 Single Family Residential. (04-54)
Staff Planner Prochazka presented the Staff Report, recommending approval of the
Rezoning for the development of single-family lots. Annexed in 2002, the property
was zoned as A-0 at that time but is currently in the platting process. In closing,
Ms. Prochazka stated that the request complies with the Land Use Plan.
Chairman Shafer opened the public hearing.
Paul Bolin, 1207 Winddrift Cove asked questions in regards to access. He did not
oppose the rezoning.
Joe Schultz, 3208 Innsbrook, representing the applicant, stated that they are
currently planning for 1/2-acre lots.
Chairman Shafer closed the public hearing.
Commissioner White motioned to approve the rezoning. Commissioner Davis
seconded the motion. The motion carried 5-0.
FOR: Shafer, Davis, White, Hall, and Reynolds.
AGAINST: None.
ABSENT: Williams and Trapani
11. Public hearing, discussion and possible action on an Amendment to Article
2, Development Review Bodies, and Article 5, District Purpose Statements
and Supplemental Standards, of the Unified Development Ordinance,
creating an overlay zoning district for properties fronting Krenek Tap Road
for a depth of 750'. (04-36)
City Planner Kee made the presentation. She explained that this overlay zoning
district is being created to apply to the properties that have frontage along Krenek
Tap Road with a depth of 750'. The land acquisition, for the planned municipal
complex on the south side of Krenek Tap Road, was approved in a previous bond
election and the most recent bond election made provision for the construction of
Phase I which will be underway in the near future. Ms. Kee explained that the City
Council wishes to create an identity, not only for the municipal complex and other
P&Z Minutes March 18, 2004 Page 5 of 7