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HomeMy WebLinkAbout1995-03-08 Minutes• MINUTES OF A MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville City Planning Commission was held on Wednesday, March 8, 1995 at 5:00 p.m. in Room 212 of the City Administration Building, 113 West,Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Phyllis Johnson, Jana Lynn Britton, Bob Reynolds, -Jerry Allred, Gary Head, and Chuck Nickle OTHERS PRESENT: Alett Little, Tim Conklin, Kevin Santos, members of the press, and others Commissioner Johnson advised those present that Conditional Use CU95-6 had been tabled. CONSENT AGENDA A. Approval of the Minutes - Regular Planning Commission Meeting of February 13, 1995. B. Large Scale Development - Hollingshead/Linton: Submitted by Northwest Engineers on behalf of Scott Linton and Ron Hollingshead for property located South of Willoughby, West of McCollum. The property contains 1.34 acres and is zoned I-1, Heavy Commercial - Light Industrial. C. Final Plat - Northwest Acres, Phase V: Submitted by Northwest Engineers on behalf of Rollin Barnes for property located North of Wedington, west of Rupple. The property contains 3.69 acres and is zoned R-2, Medium Density Residential. D. Final Plat - Rollin Barnes Subdivision: Submitted by Northwest Engineers on behalf of Rollin Barnes for property located north of Wedington, east of Carriage Way. The property contains .7 acres and is zoned R-2, Medium Density Residential. E. Final Plat - Fieldstone, Phase III: Submitted by Northwest Engineers on behalf of Castle Development for property located North of Wedington, West of Carlsbad Trace. The property contains 14.23 acres and is zoned R-1, Low Density Residential. F. Lot Split #1: Submitted by Susan Guinn for property located at 4410 Mission Blvd. The property is zoned R-1, Low Density Residential. This lot split is for 2.13 acres. G. Lot Split #1: Submitted by Northwest Engineers on behalf of Linton/Hollingshead for property located South of Willoughby, West of McCollum and is zoned I-1, Heavy Commercial - Light Industrial. This lot split is for 1.34 acres. H. Lot Split #1: Submitted by Laleh Amirmoez/Ali Sadeghi for property located at 576 Pharris Drive. The property is zoned R-2, Medium Density Residential. This lot split is for 3.85 acres. Ms. Little requested the Final Plat for Fieldstone, Phase III, be removed from the Consent Agenda for discussion of a Parks Fee matter. Ms. Britton requested that Lot Split #1 - Laleh Amirmoez/Ali Sadeghi be removed from the Consent Agenda for discussion. • Planning Commission Meeting March 8, 1995 Page 2 MOTION Commissioner Nickle made a motion to approve the Consent Agenda with the exception of Final Plat - Fieldstone Phase III and Lot Split #1 - Laleh Amirmoez/Ali Sadeghi. Commission Allred seconded the motion. Motion carried with a unanimous vote. 11 • Planning Commission Meeting March 8, 1995 Page 3 FINAL PLAT - FIELDSTONE PHASE III NORTHWEST ENGINEERS - N OF WEDINGTON. W OF CARLSBAD TRAIL The first item was the Final Plat for Fieldstone Phase III submitted by Northwest Engineers on behalf of Castle Development for property located north of Wedington, west of Carlsbad Trace. The property contains 14.23 acres and is zoned R-1, Low Density Residential. Staff recommended the final plat be approved subject to Plat Review and Subdivision Committee comments; resolution of the Parks issue; construction of sidewalks; and completion of improvements before final plat is signed. Ms. Little distributed correspondence from Northwest Engineers and the City Attorney regarding park fees versus land dedication and a development map of the two 40 acre tracts. Commissioner Johnson noted Fieldstone Phase III has been renamed to Fieldstone Phase II. Ms. Little stated that the Fieldstone plat had been presented to the Parks Board and an agreement to dedicate land had been reached whereby a lot was bought in Northwest Acres for the land dedication. She noted the remaining requirements of the Park Board was to be paid as a fee. She pointed out correspondence from the City Attorney to Mr. Harry Gray making the determination that the original unamended ordinance was in affect, allowing the developer to dedicate land and pay a fee to meet the Parks Board requirement. • Commissioner Johnson inquired if the Parks Board had been informed of the decision to accept both a land dedication and a park fee. Ms. Little stated the record should reflect that, per the City Attorney's opinion, a dedication of land and a parks fee would be acceptable to meet the Parks Board requirement which would be contrary to the Parks Board recommendation. Commissioner Britton inquired if a contribution would be made in conjunction with land dedication. Mr. Gray stated the land had been deeded to the city for the first phase but, for the second and subsequent phases, a park fee per lot would be required. MOTION Commissioner Head made a motion to approve the final plat subject to staff comments and resolution of the park issue per the opinion of the City Attorney. Commissioner Reynolds seconded. Motion carried with a unanimous vote. N '07 • Planning Commission Meeting March 8, 1995 Page 4 LOT SPLIT #1 - LALEH AMIRMOEZ/ALI SADEGHI LALEH AMIRMOEZ/ALI SADEGHI - S OF WILLOUGHBYr W OF MCCOLLUM The next item on the agenda was Lot Split #1 submitted by Laleh Amirmoez/Ali Sadeghi for property located at 576 Pharis Drive. The prcperty is Zoned R-2, Medium Density Residential. This lot split is for 3.85 acres. Staff recommended approval of the lot split subject to protective covenants, 8 feet setback on the west side of created lot, utility connections provided, and that only a single family dwelling be constructed. In response to a question from Commissioner Britton, Ms. Amirmoez stated the design of the house would fit with the entrance on the south along Pharis Drive for foot traffic and a garage entrance on the west along Melinda Drive for a family entrance. She also noted the.design would fit within the 25 -foot. Commissioner Nickle inquired if the total 6,655 square feet would be in accordance with R-2 regulations. Ms. Little stated the minimum lot size in R-2 zoning districts was 6,000 square feet. MOTION Commissioner Britton made a motion to approve the lot split subject to staff comments. • Commissioner Allred seconded the motion. The motion carried with a unanimous vote. Is • Planning Commission Meeting March 8, 1995 Page 5 VACATION 95-2 - KIM EASTERLING KIM EASTERLING - LOT 17, BOARDWALK ADDITION PHASE III The next item was Vacation 95-2 submitted by Kim Easterling for a utility easement vacation on Lot 17, Boardwalk Addition, Phase III. The request was for vacation of a triangular shaped area of 35 feet of a utility easement traversing the east side of the lot. Staff recommended the easement vacation be approved subject to relocation of the water line. MOTION Commissioner Nickle made a motion to approve the request subject to staff comments. Commissioner Head seconded. Ms. Kim Easterling stated David Jergens, a city employee, had informed her the line would not need to be relocated. Mr. Bunn stated he had not checked the location but it should not be a problem and further stated that it would be clarified before the request went before the City Council. MOTION Commissioner Nickle amended his motion to approve the request subject to • relocation of the water line, if necessary, and staff comments. Commissioner Head seconded the motion. The motion carried with a unanimous vote. l J lJ • Planning Commission Meeting March 8, 1995 Page 6 ANNEXATION & REZONING REQUESTS R95-5 & R95-6 - WAYNE AND DARLENE COUNTS, ETAL RICK OSBORNE - 4240 HUNTSVILLE The next item on the agenda was a request for annexation and rezoning of property located north of Huntsville Road and east of the West Fork of the White River submitted by Rick Osborne on behalf of Wayne and Darlene Counts, Larry and Diane Omohundro, and Fadrill and Geraldine Bayyari. The property within the annexation request contains 99.8 total acres The applicants have requested that 8.05 acres be rezoned from A-1, Agriculture, to R-0, Residential -Office, and the balance of the property rezoned (if annexed) from A-1, Agriculture, to R -S, Residential Small Lot. Mr. Conklin advised most of the site was undeveloped and contained a large area of the 100 year flood plain and flood way. He stated staff recommended approval of the annexation and rezoning, with consideration being given to clustering of homes. Commissioner Johnson pointed out the annexation would be in line with suggestions from the City Council to square up the city boundaries. Mr. Conklin stated the Commission would need to make three motions consisting of the annexation, and two rezonings. Further he stated the request was submitted prior to the Council curtailing A-1 rezonings. Mr. Rick Osborne, representing the applicants, advised staff had recommended R -S zoning for the subject tract. • Commissioner Britton inquired if the 2010 Plan advocated in -fill in lieu of annexation to avoid sprawl. Ms. Little responded that in -fill was encouraged under the General Plan Commissioner Britton expressed her belief there was quite an amount of property available in the southeast area of the city for in -fill and questioned whether the Commission should approve the annexation. Commissioner Head pointed out that in -fill areas were not necessarily available. Commissioner Nickle stated his concern with the R -S zoning for the area was due to the large amount of land in the flood plain and asked for staff comments on zoning a portion of the tract as R-1. Ms. Little explained the R -S zone allowed a 6,000 square feet minimum lot and, with the staff recommendation for clustering, the density allowed would be a workable solution. She stated clustering was recommended due to the amount of land in the flood plain. Commissioner Nickle expressed concern the housing would not be clustered and requested assurance from the developer. Ms. Little stated the proposed Flood Plain Ordinance could have an affect on the development when the request for approval of the subdivision plat came before the Commission. Mr. Conklin stated the R -S zone was allowed to provide for affordable housing areas similar to Walnut Park. . Mr. Osborne offered a Bill of Assurance committing 5 houses per acre in response to Commissioner Nickle's concern. • Planning Commission Meeting March 8, 1995 Page 7 Mr. Fedil Bayyari, one of the applicants, stated only 50 acres would be developed and further stated he had no plans for development of the flood plain. Commissioner Head inquired as to whether or not the developer had considered the impact of the Flood Plain Ordinance. Mr. Bayyari stated Mel Milholland was the engineer and that he would advise them on the flood plain area. Mr. Osborne stated they would comply with the flood plain ordinance. Commissioner Reynolds requested a tentative plat of the development. Commissioner Head suggested rezoning only the part not in the flood plain. Mr. Osborne stated they would restrict the rezoning request to the front 300 feet as R -O, the property outside the flood plain as R -S and leave the flood plain area as A-1. He agreed to provide a Bill of Assurance stating development of the flood plain would not occur until the flood plain ordinance was in effect. Commissioner Britton inquired regarding the traffic impact. Mr. Mike Keen, a resident in the area of the proposed development, stated his opposition to the project was due to the housing density, the traffic impact, and lack of school classroom space for residents of the development. Further Mr. Keen stated he would favor an R-1 zoning. • Commissioner Johnson stated a Bill of Assurance with provisions for housing density and flood plain development restrictions would address Mr. Keen's concerns. Ms. Luella Wilson, a resident on Roberts Road, expressed her concern regarding the traffic impact and square footage of houses in the proposed development. In response to a question by Commissioner Reynolds, Mr. Conklin stated the sewer ran through the property and water access was by the highway. Nancy King, a property owner, expressed concern regarding the school population. Commissioner Nickle inquired as to where the residents would go to school in the event the Commission did not annex and rezone the subject property. He also asked what standards would apply if the property were not annexed. Ms. Little explained the children would go to the Happy Hollow School whether the property was annexed or not. She also advised the county zoning standard was 1.5 acre lots with septic tanks and without street lights or sidewalks. MOTION Commissioner Allred moved to approve the annexation. Mr. Head seconded the motion. The motion was carried 4-2-0 with Commissioners Allred, Head, Johnson, and Nickle voting "yesn and Commissioners Britton and Reynolds voting "no". MOTION • Commissioner Allred moved to approve therezoning of 8.05 acres to R -O, Residential Office. u • Planning Commission Meeting March 8, 1995 Page 8 Commissioner Head seconded the motion. Mr. Osborne offered a Bill of Assurance that the area would consist of offices only. Commissioner Allred amended the motion to approve the rezoning of 8.05 acres to R -O, Residential Office as guaranteed in the Bill of Assurance. Commissioner Head seconded the motion. The motion carried 5-1-0 with Commissioners Allred, Head, Johnson, Nickle, and Britton voting "yes" and Commissioner Reynolds voting "no". Commissioner Johnson stated a Bill of Assurance had been offered providing for no development in the flood plain until such time as an ordinance was passed and limiting the density to 5 single family houses per acre. Discussion regarding the proffered Bill of Assurance, flood plain and R -S zoning ensued. Commissioner Reynolds inquired as to enforcement of the Bill of Assurance and recommended the rezoning be tabled. Mr. Osborne stated it would be acceptable to the developer to leave the flood plain zoned A-1 and withdrew the rezoning request on the flood plain acreage. is Commissioner Johnson restated the request to leave the flood plain zoned A-1, as automatically annexed. Further, she stated the rezoning request was for the remaining acreage from A-1 to R -S with attachment of a Bill of Assurance providing 5 single family houses per acre. MOTION Commissioner Head moved to approve rezoning request R95-5 subject to the flood plain remaining A-1 zoning and the remaining acreage being zoned as R -S with attachment of a Bill of Assurance providing 5 single family residences per acre. Commissioner Nickle seconded the motion. Mr. Conklin stated that Mr. Robert Keen, a property owner, had communicated by phone that he was in opposition to the rezoning. The motion failed 4-2-0 with Commissioners Allred, Johnson, Nickle and Head voting "yes" and Commissioners Britton and Reynolds voting "no". (Commission By- laws require 5 affirmative votes on rezonings.) MOTION Commissioner Head moved to approve rezoning request R95-5 subject to the flood plain remaining A-1 and the remaining acreage being zoned as R-1. Commissioner Nickle seconded the motion. The motion carried with a vote of 5 to 1. • Planning Commission Meeting March 8, 1995 Page 9 REZONING REQUEST R95-7 SHARON STILES - 117 W. ROCK The next item on the agenda was a request for rezoning on property located at 117 W. Rock from C-2 Thoroughfare Commercial to R -O Residential Office submitted by Sharon Stiles. The staff recommended in favor of the request. Commissioner Britton inquired as to whether or not C-2 zoning would allow Residential Office. Mr. Conklin stated Residential Office was allowed under C-2 zoning, however, the applicant would have to rehabilitate the structure to the commercial electrical standard creating an undue and additional expense. MOTION Commissioner Reynolds made a motion to approve the rezoning. Commissioner Head seconded. The motion carried with a unanimous vote. • • N • Planning Commission Meeting March 8, 1995 Page 10 AMENDMENTS TO COMMISSION BY-LAWS Commissioner Johnson called attention to the amendments to the By-laws and stated changes to the By-laws were required to be presented at one meeting and voted on at the next meeting. One of the proposed changes was to Article VI.A.2 to read as follows: "A vicinity map showing the location of the parcel of property and all major thoroughfares and collector streets in the area; further, a map showing all streets and the zoning of all property in an approximate one -mile radius of the parcel in question. If there is a proposed subdivision within a one -mile radius of the parcel for which the preliminary plat has been approved, the vicinity map should show the streets in the proposed subdivision." Commissioner Nickle stated his support for amending Article VI.A.2 of the By- laws. The second proposed amendment was to Article III. MEETINGS B. and C. as follows: B. The regular annual meeting of the Planning Commission shall be held at the first meeting of the month of February, each year, at (6:30 or 7:00) P.M. on the second Monday of the month or on such other day of the month as may be fixed by vote of the Commission. isC. The regular meetings of the Commission shall be held at (6:30 or 7:00) P.M. on the second and fourth Mondays of each month. Mail notices of such meetings shall be given at least four days in advance of each such meeting." Commissioner Nickle stated he was not in favor of changing the meeting time. Commissioner Johnson stated discussion of the proposed changes to the By-laws would be held at the next meeting. Discussion ensued regarding terms, election of officers, meeting times, and whether or not to revise the By-laws in their entirety. 40 N • Planning Commission Meeting March 8, 1995 Page 11 Ms. Little presented a request from the developers of Northwest Village to address the Commission regarding the final plat and the large scale development. She explained originally the developers had been scheduled on the agenda for the February 27 meeting but the item had been tabled for missing the deadline for information requested by the staff. She added that, for the Commission to hear the request of Northwest Village, was not a violation of the public notice clause. FINAL PLAT - NORTHWEST VILLAGE TED PITTMAN - E OF HWY 71 B. S OF SHEPHERD The next item was the final plat for Northwest Village submitted by Development Consultants on behalf of Second Century Investments represented by Greg Bone for property located east of Highway 71B and north and south of Shepherd Lane. The property contains 12.22 acres with 5 lots and is zoned C-2, Thoroughfare Commercial. Staff recommended approval of the plat subject to the filing of an easement vacation, deeding of Lot SA as right of way, and covenants for the subdivision which would prevent outside storage or display of materials. Ms. Little stated the requested agreements with the Northwest Arkansas Mall for cost sharing of improvements at Shepherd Lane in the amount of $70,000 and Joyce Street in the amount of $30,000 had been provided and copies were distributed. She also advised she was in receipt of a copy of the covenants. • Ms. Little explained the Final Plat and Large Scale Development Plat followed immediately after the Preliminary Plat but could not be filed at the courthouse until all improvements were completed with the exception of the final pavement. Commissioner Reynolds inquired as to whether a Bill of Assurance was required regarding outside storage. Ms. Little stated the covenants provided that no outside storage or presentation of materials would be allowed. In regard to the Final Plat, Commissioner Johnson inquired as to whether or not all staff recommendations had been complied with. Mr. Ted Pittman, Second Century Investments, stated they had complied with those recommendations. MOTION Commissioner Allred moved to approve the Final Plat subject to staff comments. Commissioner Head seconded the motion. Mr. Len Schapper inquired as to whether the Final Plat was in accordance with the Parking Lot Ordinance. Ms. Little stated the Large Scale Development would be subject to the Ordinance. Motion passed with a unanimous vote. Mr. Pittman advised changes had been made to the Large Scale Development since • Subdivision Committee. He stated the new plat was in conformance with the Parking Lot Ordinance by increasing the entrance throat and elongating the median. Further, he added there was 150 feet setback from pavement of Highway 71B. Additionally, he stated Chik-Fil-A had requested ingress and egress and • Planning Commission Meeting March 8, 1995 Page 12 asked the Commission to consider the same and upon the Commission's approval they would request approval from the State. Ms. Little stated that the staff did not recommend approving the ingress and egress request. Commissioner Johnson pointed out storage was designated between Anchor C and Anchor D. Commissioner Nickle inquired if a light had been added at the Chik-Fil-A proposed entrance. Mr. Pittman advised he wished to withdraw the ingress and egress request. He went on to say he was coordinating with city engineers and the Rouse Company to align access areas. Ms. Little stated the staff recommended for compliance with the Parking Lot Ordinance and a grading and drainage plan. She commended the developer's effort toward tree preservation and further stated she did not feel they would have any problems complying with the staff recommendations. Mr. Allred inquired if the development was in compliance with the sign ordinances. Ms. Little stated the 3 signs would meet the requirements with the dedication of the lots. is MOTION Commissioner Allred moved to approve the Large Scale Development subject to staff comments, namely that the Chik-Fil-A entrance be deleted. Commission Nickle seconded the motion. Motion passed with a unanimous vote. • N • Planning Commission Meeting March 8, 1995 Page 13 The chair asked for announcements from the Commission and recognized Commissioner Britton who requested drafting of a resolution on House Bill 1726. Commissioner Johnson explained House Bill 1726 was the Private Property Rights Act and had been addressed by the City Council. Ms. Little stated the Council had drafted and forward a resolution opposing House Bill 1726. Commissioner Johnson stated that theCityCouncil's resolution represented the City of Fayetteville and a resolution from the Commission opposing House Bill 1726 was moot. • 149 N • Planning Commission Meeting March 8, 1995 Page 14 PUBLIC HEARING Commissioner Johnson stated this was the second hearing on the three ordinances and, after completion of the hearing, the ordinances would be voted on and forwarded to City Council. Ms. Little stated the Council would decide whether or not to have additional hearings and the ordinances had been forwarded to the Ordinance Review Committee. COMMERCIAL USES WITHIN RESIDENTIAL DISTRICTS AS CONDITIONAL USE. Ms. Little explained the Ordinance would amend Chapter 160 zoning code establishing standards and regulations for Limited Neighborhood Commercial Use. Mr. Conklin stated that, per request from the City Attorney's office, criteria and guidelines had been added to the ordinance. Commissioner Johnson stated that, due to the extensive additions, she would entertain a motion to postpone hearing on the ordinances. MOTION Commissioner Johnson moved to postpone the second hearing on the ordinance until the next meeting. Commissioner Head seconded the motion. • Ms. Little explained the additions were specifically requested by the City Attorney's office on the basis that, the more specific the ordinance, the more defensible the ordinance. Motion passed with a unanimous vote. Mr. Schapper inquired of Mr. Conklin as to what constituted mixed commercial - residential zone and how it would work. Mr. Conklin stated he would deliver the changes and address the height, setbacks and density requirements with Mr. Schapper before the next meeting. Ms. Little stated the public hearing notice would not be violated to discuss the additions at the next meeting. Commissioner Johnson requested that Mr. Schapper and the Commission members communicate with Mr. Conklin outside the meeting regarding requests for clarification and additions to the ordinance. • is EG • Planning Commission Meeting March B. 1995 Page 15 SECOND DWELLING UNITS WITHIN RESIDENTIAL DISTRICTS AS A CONDITIONAL USE. Ms. Little explained the ordinance, otherwise known as the "Granny House" Ordinance, amended Chapter 160 of the Zoning Code in order to establish standards and regulations for Detached Second Dwelling Units Within Residential Districts as a Conditional Use. Commissioner Allred asked if the zoning would remain if the second dwelling was no longer owner occupied. Ms. Little stated she would favor leaving that function to administrative discretion. Commissioner Allred requested clarification and definition of what was considered "single occupant." Discussion ensued regarding alternative language. Ms. Little read the following change: "Item 4 - provide additional alternative, affordable housing within existing residential neighborhoods to serve a growing elderly, smaller household size and rental market." Commissioner Head expressed concern over the long term effect of the ordinance. Discussion ensued regarding the purpose of the ordinance. Commissioner Nickle requested the ordinance require structures conform to the • zoning setbacks. Commissioner Head read the following: It ..The second dwelling unit may only be permitted on a residential lot which enters an existing one owner occupied, single family detached dwelling unit subject to existing setback requirements." Discussion ensued regarding the definition of "building area.,, Ms. Little read the following: "Item 4 ... maximum building area coverage required by the zone shall prevail." Discussion ensued regarding the parking requirements. Ms. Little read the following: "B.7 ... the second dwelling unit shall be provided with parking in addition to and at the same ratio as that required for the main dwelling and shall be located to the rear of the main structure." Discussion ensued regarding Item 5 and square footage requirements for the detached second dwelling. Language stands as written. Discussion ensued regarding whether or not the Commission wanted to review developments subject to this proposed ordinance, establish a Design Review Subcommittee, or allow the Subdivision Committee to provide this function. Ms. Little read as follows: (page 3)..."Planning Commission or a subcommittee shall review the • design elements." *: • Planning Commission Meeting March 8, 1995 Page 16 Discussion ensued regarding language and Commissioner Johnson read as follows: (top of page 3) ... "these elements shall be looked at in evaluating the design of the structure..." Discussion ensued regarding language and Commissioner Johnson read as follows: (in 1) ... "the building massing and materials reflect existing conditions for the principal structure and comply with the existing structure..." Typographical correction in B.1 to read, "site plan drawn." Ms. Helen Nobles, an area resident, stated she supported the proposed ordinance. Mr. Conklin explained Ms. Nobles had applied for a second dwelling unit with the Board of Adjustment and was denied. He stated she had then applied for a tandem lot with the Planning Commission and was denied. He advised the proposed ordinance would address her situation. MOTION Commissioner Allred made a motion to forward the ordinance to the City Council subject to the changes requested and staff comments. Commissioner Head seconded the motion. isMotion passed with a unanimous vote. 40 NO Planning Commission Meeting March 8, 1995 Page 17 FLOOD DAMAGE PREVENTION ORDINANCE Commissioner Nickle expressed concern regarding the term "manufactured home." Mr. Santos stated the definition of manufactured home was from the FEMA model ordinance. Discussion ensued regarding what the ordinance related to and what insurance was required. Mr. Santos stated the additions were beyond the minimum FEMA requirements and read the changes as follows: Section H.S.f..."to the extent practicable lot boundaries shall be made to coincide with natural and preexisting manmade drainageways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainageways." (page 5) G..."any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6000 square feet of buildable area outside the special flood hazard area." (page 5) H... "any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of 1 acre." Mr. Santos advised the additions would aid in applying to the Community Rating Service for reduction of flood insurance rates. He then discussed clustering and stated a drawing would be provided to further illustrate and clarify. • Regarding stream setbacks, Mr. Santos stated an illustration would be provided and read as follows: J..."any area that is located outside the special flood hazard area but where a stream is located no building or fill may located within a distance of the stream bank equal to 5 times the width of the stream at the top of the bank or 20 feet on each side, which ever is greater." Commissioner Head requested an updated FEMA map. Mr. Santos stated a request had been made to FEMA and the Corp of Engineers and the expected completion date is 1997 with a cost to the federal government of $300,000. Mr. Santos read the following change regarding disclosure of flood hazard: (top of last page) ... "a copy of the notice shall be recorded by the flood plain administrator in the office of the Washington County Clerk and shall be recorded in the manner so that it appears in the chain of title of the affected parcel of land." Discussion ensued regarding what types of development were allowed in the flood plain area and disallowal of encroachment into the flood way area. MOTION Commissioner Head moved to forward the ordinance to the City Council and suggested a close review. Commissioner Reynolds seconded the motion. Motion passed with a unanimous vote.