HomeMy WebLinkAboutMinutes - PC - 02-26-2013MIITo1\J ~
ESTABLISHED 2006
PLANNING COMMISSION ACTION MINUTES
City Council Chambers
Tuesday, February 26, 2013
7:00 pm
1. Pledge of Allegiance
2. Call to Order -The meeting was called to order at 7:02 p.m.
Members Absent: Gariel Burchett
Members Present: George Ragsdale Paul Moore
Joe Creamer Chris Doty
Mark Bittner Fred Edwards
3. Public Comment -There were no public comments. A motion was made by Joe
Creamer and seconded by Paul Moore to close the public hearing. The motion
passed unanimously 6-0.
4. Approval of Action Minutes
1) January 22, 2013 Planning Commission Meeting
Chairman Ragsdale stated that the minutes would be considered at the March
Planning Commission meeting.
A motion was made by Paul Moore and seconded by Fred Edwards to move
Ul 2-01/vCl2-0 7fromfirst to third on the agenda under Rezoning and Use
Permits and move RZ13-03 from fourth to the first text amendment to be heard.
The motion passed unanimously 6-0.
5. Rezoning and Use Permits
1) RZ12-17NC12-08 -Bethany Bend by Arrowhead Real Estate Partners to
rezone from AG-l (Agricultural) to TR (Townhouse Residential) and
request a Use Permit (Sec 64-1825) to develop a 95 unit assisted living
facility and 19 single family detached residences on approximately 9.09
acres. A 4 part concurrent variance, 1) To increase the height to 40 feet
from average grade to bottom of the roof eave and 2 stories to 3 stories
(Sec 64-1 095(m)). 2) To reduce front periphery setback from 40 feet to 20
feet along Bethany Bend adjacent to the single family lots (Sec 64-669
(h)(1)). 3) To reduce the minimum side yard setback for single family lots
from 7 feet to 5 feet (Sec 64-669(i)(2)(a)). 4) To reduce the minimum rear
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setback for the single family lots from 25 feet to 20 feet (Sec 64-69(i)(3)).
STAFF NOTES THAT THE APPLICANT IS REQUESTING THE
WITHDRAWAL OF THE USE PERMIT FOR THE ASSISTED LIVING
FACILITY AND CONCURRENT VARIANCES 1 AND 2.
This item was deferred at the January 22,2013 Planning Conunission
Meeting.
Three people spoke during the public hearing in opposition to the request.
A motion was made by Fred Edwards and seconded by Paul Moore to
close the public hearing. The motion passed unanimously 6-0.
A motion was made by Fred Edwards and seconded by Joe Creamer to
Withdraw RZ12-17 and VC12-0B. The motion passed unanimously 6-0.
2) RZ13-01NC13-01 -Bethany Bend and Cogburn Roads by Arrowhead
Real Estate Partners, LLC to rezone from AG-1 (Agricultural) to 0-1
(Office-Institutional) to develop a 95 unit , 2 stories , assisted living facility
on approximately 4.733 acres. A concurrent variance is also requested to
delete the 75 foot buffer and 10 foot improvement setback along the east
property line. (Section 64-1091 (b))
A motion was made by Paul Moore and seconded by Fred Edwards to
close the public hearing. The motion passed unanimously 6-0 to close
the public hearing. The motion passed unanimously 6-0.
A motion was made by Fred Edwards and seconded by Paul Moore to
Withdraw RZ13-01IVC13-0J. The motion passed unanimously 6-0.
3) U12-01NC12-07 -Hopewell Road -Dean Riopelle for a Use Permit for
Exotic Animals to operate a Primate and Exotic Animal Preserve on
approximately 20.74 acres. A 2-part concurrent variance, 1) Not to plant
to buffer standards for a width of 75 feet along the east property (Sec. 64
1141(3)(b)). 2) To allow parking between the building and the right-of
way (Sec 64-1145(6)(c)). THE APPLICANT IS REQUESTING TO
WITHDRA W THE 2 PART CONCURRENT VARIANCE.
This item was deferred at the January 22, 2013 Planning Conunission
Meeting.
Three people spoke during the public hearing in opposition to the request.
A motion was made by Joe Creamer and seconded by Paul Moore to
close the public hearing. The motion passed unanimously 6-0.
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A motion was made by Joe Creamer and seconded by Paul Moore to
deny U12-01IVC12-07. The motion passed 5-1-0 with Commissioner
Bittner voting in the negative.
6. Text Amendments
1) RZ13-02 -To amend Chapter 64, Zoning Ordinance, Article I. In
General, Sec 64-1 Definitions
A motion was made by George Ragsdale and seconded by Paul Moore to
APPROVE RZ13-02. The motion passed unanimously 6-0.
2) RZ12-18 -To amend Chapter 64, Article VI, Division 2, AG-1
(Agricultural District) as it pertains to fencing.
This item was deferred at the December 19, 2012 Planning Commission
Meeting.
A motion was made by Fred Edwards and seconded by Joe Creamer to
APPROVE RZ12-18. The motion passed unanimously 6-0.
3) RZ12-19-To amend Chapter 64, Article II, Division 8, as it pertains to
fencing and walls.
This item was deferred at the December 19, 2012 Planning Commission
Meeting.
A motion was made by George Ragsdale and seconded by Joe Creamer
to APPROVE RZ12-19. The motion passed unanimously 6-0.
4) RZ13-03 -To delete Article VII, Division 5A-Deerfield Plan of the
Highway 9 Overlay District and concurrently adopt a new Article XX,
DeerfieldlHighway 9 Form Based Code
A motion was made by Paul Moore and seconded by Joe Creamer to
APPROVE RZ13-03. The motion passed unanimously 6-0.
5) RZ13-04 -To amend Article VII, Division 5, State Route 9 Overlay
District, Section 64-1069 (a), Regulations; applicability
A motion was made by Joe Creamer and seconded by Fred Edwards to
APPROVE RZ13-04. The motion passed unanimously 6-0.
6) RZ13-0S -To adopt a new Use Permit within Article IX, Division 5,
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Miscellaneous Uses, Section 64-1839 -Apartments
A motion was made by George Ragsdale and seconded by Fred Edwards
to APPROVE RZ13-0S. The motion passed unanimously 6-0.
7) RZ13-06 -To adopt the corrected City of Milton Zoning Map as indicated
on the Geographical Infonnation System (GIS) including all zoning
actions prior to January 1,2013 as shown on "Current Zoning Map Dated
January 2013"
A motion was made by George Ragsdale and seconded by Joe Creamer
to APPROVE RZ13-06. The motion passed unanimously 6-0.
8) RZ13-07 -To amend Article XIX Crabapple Form Based Code, Article 5
Standards and Tables, Table 9 Specific Function and Use
A motion was made by George Ragsdale and seconded by Joe Creamer
to APPROVE RZ13-07. The motion passed unanimously 6-0.
7. Adjourn -A motion was made Fred Edwards and seconded by Joe Creamer to
adjourn. The motion passed unanimously 7-0. The time of adjournment was
10:22 p.m.
Date Apprbved 7
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