|
|
The New Castle City’s Planning Commission Meeting took place on November 27, 2006 at 6:30 p.m. in the City of New Castle’s Town Hall. Members Present: Dr. Jack Norsworthy, Chairman Member Absent: Jane Miller Staff Present: Douglas Lloyd, City Planner Dr. Norsworthy called the meeting to order at 6:35 p.m. Roll call was taken. Approval of Minutes – Mr. Wilson made a motion to approve the minutes of the October 23, 2006 and September 25, 2006 meetings. The motion was seconded and approved by unanimous vote. Minor Sub-Division - Centerpoint, Parcel 21-013.00-030 – Mark Ziegler of McBride and Ziegler represented the owner, Mr. Paul McConnell who is currently out of town. McBride and Ziegler is the firm that prepared the minor sub-division plan for this project. He presented a drawing of the project and described same to Commission members. Mr. DiAngelo asked for the reason for sub-dividing the property. Mr. Ziegler speculated on reasons the owner wishes to sub-divide. Cleanliness of the property was also raised and Mr. Ziegler was asked to convey to the owner that it be cleaned up. Mr. Wilson expressed concern over the property currently being zoned OS&R and close to Washington Park and no written plan has been presented as to what they plan to do with the property in the future. Mr. Ziegler commented this is for a tax reason than a liability reason at this time. The owner wants the portion containing the pond to be separated from the other portion. Mr. Bergstrom said it makes sense to separate uses because the storm water pond is exclusively for the use of one part of the property. (Discussion followed about the owner’s intentions for sub-division of the parcel.) Mr. DiAngelo would like to know if there is something of a legal nature involved. Mr. Wilson asked if once a subdivision is granted can the owner then request a zoning change. Mr. Ziegler said the owner could request a rezoning but it is not being proposed. He informed that the owner wants to subdivide by the end of this tax year. The Commission requested that Mr. McConnell be present at the next meeting to address concerns personally. Ms. Pavone made a motion to table further discussion until our next meeting; Mr. Freebery seconded the motion. The motion passed by unanimous vote. Minor Sub-Division – Tidwell, Parcel 21-015.10-140 – This is very close to the concept plan that was presented in September. Discussion about the property took place. At our September meeting it was decided to ask the Tree Commission about removal of two mature holly trees on the property. It was reported that no response has been received to date. Mr. Lloyd suggested that Planning Commission Meeting Minutes the other property owner involved be co-signatory of plans since they will be receiving property as a result of this action. Mr. Steele made a motion to approve the sub-division and to get additional signature, if needed, before it goes to Council. Mr. Tatum seconded the motion which was approved by unanimous vote. Major Sub-Division – Preliminary Approval for Riverbend – Mr. Don Isken (representing Parkway Gravel) gave an overview of the timeline of this project to date. Tonight’s meeting is only the Planning Commission’s consideration of the preliminary plan. He informed that URS reviewed numerous submissions by the applicant and sent a response letter of which they will address a formal response. (Mr. Isken provided his concerns over comments in the URS letter, most of which have been raised, discussed and agreed to between the developer and the city.) Mr. Wilson stated that the Planning Commission has opposed and been in align with many of the major issues raised in the letter. He said that Council may have agreed but that the community has not agreed to this project. Dr. Norsworthy said his biggest concern was with the flood plan issues. Mr. Isken responded that his understanding is that there have been proposals submitted that would provide for emergency access in the event of flooding on Route 9 and that the fire marshal is being consulted. If the fire marshal is satisfied with the proposal it is their hope that Council would find that we have adequate emergency access to the community. Ms. Pavone said the Commission wants to make sure that the safety of the community is a major concern. She cited street width as one concern. She raised the issue of sidewalks several months ago. The city’s zoning code calls for sidewalks in sub-divisions. She wants to make sure all sub-division requirements are met. Mr. Wilson asked if there are any restrictions to keep people from parking on the street. Mr. Isken said there is nothing specifically in the deed restrictions that would prohibit street parking. He will consult with the developer to see if this is an issue. Mr. Bergstrom suggested discussing with the fire chief. Mr. DiAngelo commented that we should let the developer tell us what he feels is reasonable and what is not reasonable so we can come to an agreement. Mr. Wilson noted that the Planning Commission went through all of these items and voted not to approve these plans as written and sent a letter to Council explaining our position. Council decided that our opinions did not warrant stopping the process. He questioned why the Planning Commission is addressing this matter since Council has already approved what we discussed months ago. Ms. Pavone suggested looking at what is legally required within our zoning sub-division regulations and address those points because that is one of our charges. Mr. Steele asked for a copy of the letter from Council that details what was agreed to. Mr. Isken said that before the next meeting they plan on reviewing the city’s sub-division code and demonstrate, where applicable, how they are applying to those codes. He will also provide a copy of the formal response to the URS letter to the Planning Commission before the next meeting. Ms. Pavone asked if we could request the city attorney be present at our next meeting. We must ensure that we adhere to the city’s laws and regulations as per the sub-division regulations. (The issue of public streets versus private streets followed.) Mr. Isken provided a copy of the deed restrictions to Dr. Norsworthy. Planning Commission Meeting Minutes General Discussion Mr. Wilson suggested hiring our own attorney. The city attorney does not represent the Planning Commission and we do have a budget. The decisions we make are a result of a lot of study and are made for the citizens of New Castle. Perhaps we should have an attorney to review matters. The city attorney only represents City Council. Ms. Pavone said she feels there is a lack of understanding why we bring up certain issues and why we feel they are important. Explanation of potential adverse effects for decisions we make is important to convey to our planner and engineer. Dr. Norsworthy asked for volunteers to form a sub-committee. Mr. Wilson and Ms. Pavone volunteered and will speak with Messrs. Bergstrom and Lloyd. Mr. DiAngelo asked if we would discuss Ordinance 444 which concerns amending the New Castle City Zoning Code grandfathering any buildings and lots conforming to the amended code of 1968 with regard to front yard setbacks if they adhere to the code requirements in place at the time of construction. Mr. Bergstrom said the reason it is still in the attorney’s office has to do with actual wording. Since it is not on the agenda it cannot be discussed at this meeting. A motion was made to table discussing Ordinance 444 until our next meeting. The motion was seconded and approved by unanimous vote. Action Plan Progress and Review Ordinance 443 – Public Notice Notification – Mr. Lloyd said that he has looked at this ordinance per the Planning Commission’s request. He conferred with the city attorney and has split the ordinance into two ordinances, zoning ordinance and sub-division regulations. He presented a draft of his proposed changes to the Planning Commission. It will be placed on next month’s agenda. Mayor Klingmeyer handed out information to the Commission concerning upcoming Department of Transportation events.
Planning Commission Meeting Minutes Adjournment – Mr. Wilson made a motion to adjourn the meeting; Respectfully submitted,
Debbie Turner
|
