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HomeMy WebLinkAbout2014-01-13 MinutesMINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 13, 2014 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: December 9, 2013 Page 3 ACTION TAKEN Approved VAC 13-4587: Vacation (1285 E. MILSAP ROAD/CHRISTIAN LIFE CATHEDRAL, 213): Page 3 Forwarded Old Business: LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL, 483): Page 4 Approved ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS): Page 5 New Business: Forwarded VAC 13-4567: Vacation (1851 E. HUNTSVILLE ROAD/KUM AND GO, 565): Page 6 Forwarded ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445): Page 7 Tabled ADM 13-4604: Administrative Item (ECO DOWNTOWN LSD EXTENSION #2,484): Page 8 Approved CUP 13-4569: Conditional Use Permit (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO, 329): Page 9 Approved LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO, 329): Page 10 Tabled CUP 13-4593: Conditional Use Permit (495 W. DICKSON STREET/WALTON ART CENTER, 484): Page 11 Approved Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 1 of 20 LSD 13-4583: Large Scale Development (495 W. DICKSON STREET/WALTON ART CENTER, 484): Page 12 Approved CUP 13-4589: Conditional Use Permit (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439): Page 13 Approved LSD 13-4586: Large Scale Development (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439): Page 14 Approved CUP 13-4575: Conditional Use Permit (500 N. VINSON AVENUE/HOUSE FAMILY, 447): Page 15 Tabled CUP 13-4576: Conditional Use Permit (EAST OF STONE MOUNTAIN DRIVE/R.BRISEL, 489): Page 16 Approved CUP 13-4574: Conditional Use Permit (825 S. STONEBRIDGE ROAD/HAMMANS, 566): Page 17 Approved RZN 13-4573: Rezone (825 S. STONEBRIDGE ROAD/HAMMANS, 566): Page 18 Forwarded RZN 13-4578: Rezone (6316 W. WEDINGTON DRIVE/MORLAN, 396): Forwarded Page 19 RZN 13-4571: Rezone (NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. GOLF CLUB DRIVE/WEDINGTON NEIGHBORHOOD PLAN ZONE 1, 400): Forwarded Page 20 RZN 13-4572: Rezone (NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. RUPPLE ROAD/WEDINGTON NEIGHBORHOOD PLAN ZONE 3,400): Forwarded Page 21 ADM 13-4601: Administrative Item (UDC Amendment Protected Streams Map): Page 22 Forwarded Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 2 of 20 Sarah Bunch Porter Winston Craig Honchell Ron Autry Tracy Hoskins Kyle Cook Ryan Noble STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman Cory Granderson CITY ATTORNEY Kit Williams, City Attorney 5:30 PM— Porter Winston called the meeting to order. MEMBERS ABSENT William Chesser Blake Pennington Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Chesser and Pennington were present. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 3 of 20 Consent. Approval of the minutes from the December 9, 2013 meeting. VAC 13-4587: Vacation (1285 E. MILSAP ROAD/CHRISTIAN LIFE CATHEDRAL, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 1285 E. MILSAP ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.83 acres. The request is to vacate unconstructed right-of-way. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 4 of 20 Old Business: LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL, 483): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to build 175 units with a parking deck. Andrew Garner, City Planning Director, gave the staff report Seth Mims, applicant, was present for questions. No public comment was presented. Motion: Commissioner Winston made a motion to approve LSD 13-4524, adding a condition of approval that was required on the adjacent large scale development that regulated and enforced construction traffic control. Commissioner Hoskins seconded the motion. Commissioner Honchell asked about the third driveway. Tabor discussed removable bollards at the end of the island. Commissioner Cook discussed density and his concern with concentrated density at the crest of this hill. He is concerned with how it will affect pedestrians especially during class changes. They have concentrated all of this density in one place and he has some concerns. He also discussed problems with construction traffic for vehicles and pedestrians and recommended a condition of approval regarding construction traffic that was also required on the adjacent large scale development. Garner discussed the condition of approval that allowed city staff to monitor and restrict construction traffic. Commissioner Winston amended his motion to include the condition of approval that regulated and enforced construction traffic control Commission Hoskins seconded the amended motion. Upon roll call the motion passed with a vote of 6-1-0. (Commissioner Cook voted "no".) Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 5 of 20 ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS): Submitted by SUSTAINABILITY & STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 and 164 to modify regulations associated with Animals and Fowl, and Urban Agriculture. Peter Nierengarten, Sustainability Director, gave the staff report. Public Comment: Quin Montana spoke in favor of these code changes and the reasons behind these code changes. Jeff Huber spoke is in favor of these code changes. No more public comment was presented. Commissioner Hoskins asked about goats and fowl. Nierengarten discussed that fowl are currently allowed to roam in the front yard. Hoskins discussed that we are limiting the space where these animals can be, based on the overall lot size, instead of the containment area of the animals. I'm a little concerned with over -population. Winston gave kudos to what they have done here. This is a great starting point. It is a work in progress. Honchell thanked Nierengarten for communicating with the commissioners on this. He discussed what this means to citizens in the city as a hobby and also a necessity and can be a source of community pride. He asked about a nuisance clause if there were a problem. Garner discussed the process for responding to nuisance complaints. Motion: Commissioner Winston made a motion to forward ADM 13-4331 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 6 of 20 New Business: ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445): Submitted by ANN HARRIS for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance to allow a temporary retail structure (airstream trailer) to remain on the property for longer than 90 days. No staff report or public comment were presented. Motion: Commissioner Winston made a motion to table ADM 13-4584 to the 1-27-14 meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 7 of 20 ADM 13-4604: Administrative Item (ECO DOWNTOWN LSD EXTENSION #2,484): Submitted by U ARK Land Venture, LP for property located southwest of the intersection of WEST LAFAYETTE STREET AND NORTH CAMPBELL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and MSC, Main Street Center, and contains approximately 2.85 acres. The request is for an extension and a major modification to the previously approved Eco Downtown large scale development (LSD 11-3992). Quin Thompson, Current Planner, read the staff report. No public comment was presented. James Smith, Applicant Counsel, spoke briefly about the project. Motion: Commissioner Winston made a motion to approve ADM 13-4604 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 8 of 20 CUP 13-4569: Conditional Use Permit (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is for a conditional use permit to allow additional parking. LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C- 1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with associated parking. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Rob Wadel, applicant, described the traffic study that was performed for the site. Kum & Go has an agreement with the seller to provide a full access for this project that is shared with the remaining 20 acres she will still own. We can discuss restricting future access points with the owner if we are granted the full access that is requested. We probably don't need two accesses on Shiloh, so we will remove the southern driveway if you want. We need visibility, access and traffic for a successful business. Commissioner Hoskins stated that he doesn't want to deny the whole project based on access and asked if the Planning Commission could modify the plan. Kit Williams, City Attorney, stated that it's possible if the applicant agrees. As this point the applicant has other ideas, but we don't have them in front of us to review. A deed restriction could be used to limit future curb cuts on the remaining acreage. Commissioner Hoskins stated he shared staffs concerns and the proposal to limit future curb -cuts doesn't address the current concerns. The curb -cut on Mount Comfort is too close to the traffic light. I can support the full access on Shiloh, as it also provides cross connectivity and am glass to hear that you are willing to close other driveway on Shiloh. Extending the center turn -lane on Mount Comfort would help. Nathan Streett, applicant, stated that they haven't looked at the existing lane widths on Mount Comfort, so they aren't sure what type of improvements would be required to extend the turn lane further west. Additional right-of-way dedication from the seller would likely be required. Commissioner Hoskins stated that staff is probably correct about the traffic study dates. Wadel asked what the concern was with left turns in. Commission Hoskins stated he was concerned with left turns into the site during the PM time period with high volumes moving west on Mount Comfort. Corey Granderson, staff engineer, described the traffic movements in the AM and access to I-540. Glenn Newman, staff engineer, mentioned that there are bike lanes on Mount Comfort that need to be considered with any widening. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 9 of 20 Commission Honchell stated that this is why he wanted the project tabled at the Subdivision Committee meeting. In the morning, east bound traffic can't see the signal because of the sun. I can't support the project as currently proposed. Commission Autry asked if the north entrance on Shiloh met the separation requirements. Fulcher stated yes from Mount Comfort, but not from Deane Solomon. Wadel stated he would like to table the project and work with staff. Commission Winston asked if they considered moving full access further west on Mount Comfort. Wadel stated that they've discussed extending the turn lane. Commissioner Honchell asked what the separation was on Mount Comfort. Streett stated 270 feet. Andrew Garner, City Planning Director, explained that access for this development was restricted to Shiloh Road only. The access on Mount Comfort required a variance, regardless of the location. Commissioner Bunch stated she shares staff s concerns with the traffic study and with the access on Mount Comfort. Fulcher asked for clarification on the remaining property and restricting access. Williams stated that his expectation would be that it would restrict the entire 900 feet of frontage to two total curb cuts. Commissioner Hoskins asked staff how a future curb cut restriction helped with the current concerns. Fulcher stated that it doesn't. However, in the future, limiting the entire property to two curb cuts is a good thing. Commissioner Hoskins informed the applicant that the current driveway location will likely not be supported even with a future restriction on access. Wadel stated he understood. Motion for CUP13-4569: Commissioner Winston made a motion to approve CUP 13-4569. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion for LSD13-4568: Commissioner Winston made a motion to table CUP 13-4568 to the 1-27-14 meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 10 of 20 CUP 13-4593: Conditional Use Permit (495 W. DICKSON STREET/WALTON ART CENTER, 484): Submitted by CRAFTON TULL AND ASSOCIATES for property located at 495 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 4.13 acres. The request is for a conditional use permit to allow off-site parking for Walton Arts Center expansion. LSD 13-4583: Large Scale Development (495 W. DICKSON STREET/WALTON ART CENTER, 484): Submitted by CRAFTON TULL AND ASSOCIATES for property located at 495 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 4.13 acres. The request is for a 15,500 square foot expansion to the existing building. Jesse Fulcher, Current Planner, read the staff report. Zak Johnson, applicant, had no additional comments. Glenn Newman, staff engineer, stated they are following the draft Low Impact Development Manual to handle changes to drainage. Commission Hoskins asked if the building was being brought into the build -to zone. Fulcher stated that is was being up to the street corner, adjacent to the right-of-way. Commission Honchell stated that this was a great project. No public comment was presented. Motion for CUP13-4593: Commissioner Cook made a motion to approve CUP 13-4593. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion for LSD13-4583: Commissioner Cook made a motion to approve LSD 13-4583. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 11 of 20 CUP 13-4589: Conditional Use Permit (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439): Submitted by BATES AND ASSOCIATES for property located at 560 NORTH RUPPLE ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 9.51 acres. The request is for a conditional use permit to allow Use Unit 4, Cultural and recreational facilities, in an R -A zoning. LSD 13-4586: Large Scale Development (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439): Submitted by BATES AND ASSOCIATES for property located at 560 NORTH RUPPLE ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 9.51 acres. The request is for an 18,965 square foot expansion to the existing building. Jesse Fulcher, Current Planner, read the staff report. No public comment was presented. Commission Honchell stated that this was another great project for Fayetteville. Commissioner Winston stated that this was a fantastic facility. Motion for CUP13-4589: Commissioner Winston made a motion to approve CUP 13-4589 as recommended by staff. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion for LSD13-4586: Commissioner Winston made a motion to approve LSD 13-4586 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 12 of 20 CUP 13-4575: Conditional Use Permit (500 N. VINSON AVENUE/HOUSE FAMILY, 447): Submitted by HELLER CAD CONSULTING for property located at 500 NORTH VINSON AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.31 acres. The request is for a conditional use permit to allow two tandem lots. No staff report or public comment were presented. Motion: Commissioner Cook made a motion to table CUP 13-4575 to the 1-27-14 meeting. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 13 of 20 CUP 13-4576: Conditional Use Permit (EAST OF STONE MOUNTAIN DRIVE/R.BRISEL, 489): Submitted by JORGENSEN & ASSOCIATES for property located EAST OF THE DEAD END OF STONE MOUNTAIN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains 38.25 acres. The request is for a conditional use permit to allow a tandem lot. Quin Thompson, Current Planner, read the staff report. Tracy Hoskins, Commissioner, asked staff to show the location of the required street frontage. Andrew Garner, Planning Director, said that 70' of frontage was located at the end of Stone Mountain Drive. Hoskins asked the applicant where the driveway serving the two lots would be. Jorgensen, applicant, responded that the driveway would be at the end of Stone Mountain Drive, and that a gate would be installed. Motion: Commissioner Winston made a motion to approve CUP 13-4576 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-1-0. (Commissioner Hoskins voted "no".) Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 14 of 20 CUP 13-4574: Conditional Use Permit (825 S. STONEBRIDGE ROADMAMMANS, 566): Submitted by HOWARD HAMMANS JR. for property located at 825 SOUTH STONEBRIDGE ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.83 acres. The request is for a conditional use permit to allow a Plant Nursery (Use Unit 2), City-wide uses by conditional use permit. RZN 13-4573: Rezone (825 S. STONEBRIDGE ROADMAMMANS, 566): Submitted by HOWARD HAMMANS JR. for property located at 825 SOUTH STONEBRIDGE ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 0.84 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Garner gave the staff report for both CUP 13-4574 and RZN 13-4573, recommending an additional condition of approval for CUP 13-4574 to address concerns from the Beaver Lake Water District. Hammams was present for any questions. No public comment was presented. Honchell discussed concern with the hook in the road and proximity to the business. He asked about exiting the driveway. Hammans, answered that, yes, you can pull out in a forward manner. Motion for CUP 13-4574: Commissioner Winston made a motion to approve CUP 13-4574 as recommended by staff, including the following condition of approval as recommended by staff - "Prior to installation of the plant nursery, the applicant shall consult with City Engineering staff to ensure that erosion and sedimentation is minimized." Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion for RZN 13-4573: Commissioner Winston made a motion to forward RZN 13-4573 to City Council with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7- 0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 15 of 20 RZN 13-4578: Rezone (6316 W. WEDINGTON DRIVE/MORLAN, 396): Submitted by WILLIAM JENKINS for property located at 6316 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 0.87 acre. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Jenkins, applicant, was present to answer questions. Motion: Commissioner Winston made a motion to forward RZN 13-4578 to City Council. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 16 of 20 RZN 13-4571: Rezone (NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. GOLF CLUB DRIVE/WEDINGTON NEIGHBORHOOD PLAN ZONE 1, 400): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for properties located at the NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. GOLF CLUB DRIVE. The properties are zoned R -A, RESIDENTIAL AGRICULTURAL AND RSF-1, RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE and contain approximately 11.30 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. Quin Thompson, Current Planner, read the staff report. Aubrey Shephard, Watershed Advocate, asked whether trees would be removed on the lot. He stated that the trees are irreplaceable within our lifetimes. Kyle Cook, Commissioner, asked why Staff was recommending the LIT zone in this location and CS in the proposed rezone to the west. Tracy Hoskins, Commissioner, asked what the current zoning is, and what the required tree canopy is under UDC chapter 167. He said he thought that canopy requirements were similar in all commercial zones. Andrew Garner, Planning Director, said that canopy requirements were similar in the commercial zones, 15- 20%. [Canopy requirements are: R -A: 25%, UT: 15%] Motion: Commissioner Winston made a motion to forward RZN 13-4571 to City Council. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 17 of 20 RZN 13-4572: Rezone (NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. RUPPLE ROAD/WEDINGTON NEIGHBORHOOD PLAN ZONE 3, 400): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for properties located at the NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. RUPPLE ROAD. The properties are zoned R -O, RESIDENTIAL OFFICE, C-1, NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL and contain approximately 5.65 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. Quin Thompson, Current Planner, read the staff report. Tracy Hoskins, Commissioner, stated that he preferred to see the property rezoned to the corner. Kit Williams, City Attorney, asked staff if they had attempted to contact the property owners. Thompson, said that certified mail was sent on two occasions to each property owner, detailing the proposal in each letter, and stating the time and place of meeting in the second. Garner, Planning Director, said that staff felt that we have attempted to contact landowners appropriately, beginning with the initial mailing in October of 2013. Motion: Commissioner Winston made a motion to forward RZN 13-4572 to City Council. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 18 of 20 ADM 13-4601: Administrative Item (UDC Amendment Protected Streams Map): Submitted by the CITY ENGINEERING DIVISION. The request is to amend the Protected Streams Map referred to in UDC Chapter 168.12(C) near Walnut Avenue and Maple Street. Sarah Wrede, Floodplain Administrator gave the staff report. Public Comment: Eden Reif discussed concerns when the additional water daylights on my backyard Wrede responded to the comments including discussion of the City's improvements to the drainage system. Kit Williams, City Attorney, asked about the flow. Wrede discussed it will be flowing faster but a higher peak flow. Andrew McClay, lives just south where it daylights. Water in my front yard has gotten worse in the last 10 years. A half a dozen times water has come in my front yard. He opposes this because it is creating a time gap where the drainage can become worse. I don't understand the rationale why it needs to be completed now and making it worse. Removing protection will make flooding worse. Angela Noble 559 N. Walnut, the creek runs through and under my living room floor. Our street is terrible and it does flood. How are you going to stop from flowing underneath the house. Will the whole underneath my house flood? Aubrey Shepherd discussed watershed and flooding issues No more public comment was presented. Commissioner Cook asked if this was this same stream that goes in the pipe at Olive Street. Wrede answered yes. Commissioner Cook asked if this is the first step in the drainage improvements? Wrede discussed the background for the request. Commissioner Cook discussed that there was a loud outcry for the City to do something with the water issues in this area. Has the Engineering Division taken anything to the people in this neighborhood? Wrede responded, no, we haven't yet but that will be a step in the process. Commissioner Cook discussed that it may be premature to do this now. Commissioner Honchell discussed that the city has done charettes to get public input on issues. He asked about protecting Ms. Noble's home? Wrede discussed that the plan proposes to divert the water. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 19 of 20 Andrew Garner, City Planning Director discussed that the overall drainage plan is not being discussed or proposed at this time, the Engineering Division realized that there is one very small stretch of this stream that is classified as protected stream, when it is in a pipe underground on either side and they do not feel that short stretch of stream should be on the list of protected streams any more. Kit Williams, City Attorney, discussed that the City is restricted from designing a drainage solution by the streamside protection ordinance, in this case. Winston asked about the development of the property. Quin Thompson, City Planner, discussed that the property owner of the area being proposed to be taken off the streamside map, would like to build a single family residence on the property. Kit Williams, City Attorney, discussed this item will have to be discussed by city council and there does not need to be a specific recommendation at this point. Wrede discussed that the vacant lot is a buildable lot with or without the stream being protected. Motion: Commissioner Cook made a motion to forward ADM 13-4601 to City Council without a recommendation. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-1-0. (Commissioner Hoskins voted "no".) There being no further business, the meeting was adjourned at 8:42 PM. Planning Commission January 27, 2014 Agenda Item 1 1-13-14 Minutes Page 20 of 20