A i r l i n e R o a d, A r l i n g t o n, T N

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1 A i r l i n e R o a d, A r l i n g t o n, T N Planning Commission Meeting OPEN PUBLIC HEARING To Consider a Request for a Master Development Plan for Hayes Place Planned Development, to be located at 5515 Hayes Road. Chairman Russ Campbell opened the Public Hearing and stated that Notice of Public Hearing was published in The Commercial Appeal on August 2, He invited anyone wishing to speak for or against to please come forward and state name and address for the record. Chairman Campbell recognized the following: William D. Porter, 4821 American Way, advised that he is speaking in favor of the Master Development Plan. Ken and Dee Carlton, Lot 41, Hayesville Estates SD, advised that they are not for or against, they are here to find out what this is about and speak to any concerns later on. Jolina Boling, 6100 Chester Street, stated that she saw the public notice sign and is interested in what the zonng is being changed to and then decide if she is for or against. Chuck Haynie, Cranston Drive, Hayesville Estates, stated that he would like to find out the density, the principals in the building project and what the plans are before he makes a decision. Michael Raminski, Cranston Cove, Hayesville Estates; Napoleon Jackson, 5522 Hayes Road; Montreal Douglas, Cranston Drive, Hayesville Estates; and Matt Connell, Goat Valley Cove; all stated that they have the same concerns as everyone else and want to hear what this is about before making a decision. Chairman Campbell called for further comments. Hearing no reply, the public hearing was closed.

2 Page 2 Planning Commission 6:30 P.M. Meeting Minutes I. Invocation The opening prayer was led by Scott Taylor. II. Call to Order and Roll Call Chairman Russ Campbell called the meeting to order and noted that a quorum was present. Present Russ Campbell, Chairman Mike Wissman, Mayor Harry McKee, Alderman Steve McCarver - Secretary Dar Yasseri Scott Taylor Larry Harmon Others Present Gerald Lawson, Attorney Steve Hill, Engineer Heather Sparkes, Planner See List Absent Zoe Anderson - Excused Tom Hammond - Excused III. Approval of Minutes from the May 21, 2012, Meeting. Motion: Mayor Mike Wissman made a motion to approve the minutes of the May 21, 2012, meeting. Dar Yasseri seconded the motion. Vote on Motion: The motion carried unanimously. IV. Comments from Citizens There were no additional comments from citizens. V. Old Business A. Other as Properly Presented There was no old business to come before the Commission. VI. New Business

3 Page 3 A. Hayes Place Planned Development Master Development Plan Chairman Campbell called for a motion. Main Motion: Mayor Wissman made a motion to approve a recommendation to the Board of Mayor and Alderman for the Hayes Place Planned Development Master Development Plan as amended and subject to compliance with Staff conditions and an additional condition (in bold) levied by the Planning Commission. Vice Mayor McKee seconded the motion. Chairman Campbell recognized Heather Sparkes, Town Planner, who presented the analysis (on file). Ms. Sparkes advised that this request is for consideration of a planned development for the northwest side of Hayes Road, east of Airline Road. She noted that the property is zoned RS-18, Low Density Residential. Ms. Sparkes noted that the request for recommendation of approval to be forwarded to the Board of Mayor and Aldermen is being presented by Mr. David Porter on behalf of Regency Homes. She reviewed the zoning for the surrounding properties and noted that the proposed residential planned development is on acres and thirty-two single-family residential lots are proposed. Ms. Sparkes advised that the density of 2.37 dwelling units per acre is below the maximum allowed density of 2.42 dwelling units per acre for the RS-18 Zoning District. She stated that because this is a planned development, deviations from the standard bulk regulations can be requested so long as they meet the density requirements and other provisions of the planned development ordinance. Ms. Sparkes reviewed the proposed minimum requirements including lot size; width; front, side and rear yard setbacks; and heated area. She noted that these are consistent with the existing Preserve Subdivison, which is on the other side of Hayes Road. Ms. Sparkes reviewed the proposed right-of-way and Hayes Road improvements; the open space percentage proposed; and the site grading requirements that will be required because of the small lot sizes and the topography of the site. Ms. Sparkes noted that Staff has recommended a number of conditions of approval. She advised that Steve Hill, Town Engineer, and Mr. Porter, the applicant, were present to answer questions. Chairman Campbell called for discussion and recognized Scott Taylor. Mr. Taylor asked about the 30 foot buffer area and how it will be maintained. There was discussion. Vice Mayor McKee asked Mr. Hill about the improvements to Hayes Road, including lowering the existing hill, and the Town s share of responsibility and costs for these improvements. Mayor Wissman asked about installation of sidewalks. Ms. Sparkes replied that as part of the road improvements, sidewalks would be installed. There was discussion regarding the acquisition of right-of-way and construction easements, and the impact to the surrounding areas by the lowering of the Hayes Road hill. Mayor Wissman requested clarification on how this development compares to the existing Preserve subdivision, specifically the minimum heated square footage of 2,000 square feet. Dar Yasseri asked about the plans for the open space, and Ms. Sparkes replied that there would be a gazebo and walking trails. Chairman Campbell recognized W. D. Porter of W. H. Porter and Company Engineers, representing Regency Homebuilders, and asked Mr. Porter about lots 9 and 10 with regard to the setbacks on these pie-wedge lots and if the front setbacks of the lots could be increased. There was discussion. Mr. Yasseri and Mayor Wissman requested information on the homes to be offered for construction. There was a brief discussion regarding the surrounding zoning. Steve McCarver asked about the lot widths that appear smaller than required. Ms. Sparkes advised that a lot is required to be 55 feet at the building setback. Mr. Yasseri asked about the start to finish timeframe for construction. Mr. Porter replied that the construction will be in one phase of 32 lots and it will take one year to 18 months to complete. Mr. Porter discussed the plan and its unique challenges regarding the topography and the abundance of trees already on the site. He advised that they like how The Preserve was developed and would like to duplicate it. Mayor

4 Page 4 Wissman asked what the price range will be for homes constructed. Mr. Porter replied that he only had information regarding the size of homes to be built, not the cost. There was discussion regarding Regency s success in the current market and the quality of the homes built. Chairman Campbell asked the Committee Members if they had any recommendations to add to the conditions presented by Staff. Vice Mayor McKee requested that Mr. Porter address the issue of the buffer area. Mr. Porter explained that they will underbrush the area and lay a mulch barrier. He advised that the maintenance on the heavily wooded 35 foot strip will not be that much. He noted that the Homeowners Association (HOA) will contract for maintenance to maintain all open space in the development and added that it is a possibility that maintenance may also include front yards. Chairman Campbell asked Staff if they had any further concerns. Ms. Sparkes responded that she would like to add a condition that maintenance includes the buffer area, same as in the open space areas. There was discussion regarding the time frame for creation of the HOA, possible fencing requirements along Hayes Road, entrance features, irrigation and landscaping. Vice Mayor McKee advised that he would like to see the 2,000 minimum square footage increased. Mr. Porter advised that the square footage is the same as The Preserve. Vice Mayor McKee suggested increasing the size to 2,200 square feet. There was discussion. Chairman Campbell asked the members to indicate if they prefer 2,200 square feet, excluding the garage square footage, over the proposed 2,000 square feet. Chairman Campbell recognized Ken and Dee Carlton, Rosebrook Lane, Lot 41, Hayesville Estates Subdivision. Mr. Carlton advised that he lives in a 3,200 square foot house and there are houses in his subdivision that are larger than his and larger than what is being proposed for Hayes Place. He noted that with no natural barrier between his subdivision and the proposed subdivision, the difference will be noticeably visible. He requested that the members take his subdivision into consideration when making their decision. Mr. Carlton also asked about the intent of the 30 foot buffer. Mr. Yasseri advised that he would like to propose a 2,200 minimum square footage, excluding the garage. Primary Amendment: Dar Yasseri made a motion to amend the main motion to change the proposed minimum heated square footage of 2,000 to 2,200 square feet, excluding the garage square footage. Scott Taylor seconded the motion. Vote on Primary Amendment: The motion passed with a vote of 6 - Yes and 1- No. Ms. Sparkes advised that a motion was needed to add a condition regarding the maintenance of the 30 foot buffer and asked if there were any other conditions the members wanted to add. Secondary Amendment: Scott Taylor made a motion to amend the main motion by adding a condition that the 30 foot buffer area shall be maintained by the Homeowners Association in a fashion consistent with the remaining open space areas. Dar Yasseri seconded the motion. Vote on Secondary Amendment: The motion carried unanimously. Vote on Main Motion: The motion passed with a vote of 6 - Yes and 1- No. Conditions of Approval: 1. It is found that the application as presented and with the conditions of approval meets the provisions of the Town of Arlington Zoning Ordinance and Subdivision Regulations, and any other applicable regulations, and the project shall be constructed in accordance with those regulations.

5 Page 5 2. All construction improvements within the development shall be in compliance with the Town of Arlington Zoning Ordinance, Subdivision Regulations and Technical Specifications, as directed and approved by the Town Engineer, unless otherwise noted on the Plans. 3. Hayes Place PD development will be required to design and construct improvements to Hayes Road all the way to the existing curb and gutter on the north side of Hayes west of Hayes Place PD. As a part of this work, the profile of Hayes Road will be modified to provide a vertical curve and sight distances that meet the Subdivision Regulations for street design. This work will also include coordination with MLGW to get water, gas and electric facilities adjusted as required to accommodate the road reconstruction. The completed roadway section will include curb & gutter on the north side of Hayes Road only. The Town of Arlington will reimburse the developer for all construction costs of the work on the section of Hayes Road beyond the frontage of Hayes Place PD. 4. The Board of Mayor and Aldermen are required to approve the Planned Development, and the PD and Master Development Plan shall be recorded with the Shelby County Register of Deeds before it becomes official. 5. A detailed landscape and amenities plan will be provided to the Design Review Committee for consideration prior to construction. 6. Information shall be provided about how the 30-foot buffer area will be maintained. 7. As a part of the construction plans for the development, provide detailed grading plans for all lots that indicate proposed elevations for building pads. The grading plans shall also indicate where retaining walls are required to create buildable lots while preserving trees and natural areas on the site. Specify the type of retaining wall to be used throughout the development. 8. The 30-foot buffer area shall be maintained by the Homeowners Association in a fashion consistent with the remaining open space areas. 9. The minimum heated square footage shall be 2,200 square feet, excluding the garage square footage. VI. New Business B. Cambridge Manor PD, Phase 1 Plat Amendment Chairman Campbell called for a motion. Main Motion: Mayor Wissman made a motion to approve the plat amendment for Cambridge Manor PD, Phase 1, subject to compliance with Staff conditions. Scott Taylor seconded the motion. Chairman Campbell recognized Heather Sparkes, Town Planner, who presented the analysis (on file). Ms. Sparkes advised that this is a staff-initiated request to amend the plat to remove a note on the plat requiring a 45 foot no-grade zone along the eastern boundary of the subdivision. She explained the original purpose of this no-grade zone and advised that in the opinion of staff, the 45 foot no-grade zone is no longer applicable and removal of this note will allow residents to use the

6 Page 6 yard space for accessory structures, pools, fencing, etc. She advised that staff recommends approval subject to staff conditions and any other conditions levied by the Planning Commission. Steve McCarver expressed concern for the lack of compliance by the developer. There was discussion regarding the existing ditch on the neighboring property. Chairman Campbell noted that this amendment is to rectify the situation and called for a vote. Vote on Main Motion: The motion carried unanimously. Conditions of Approval: 1. It is found that the application as presented and with the conditions of approval meets the provisions of the Town of Arlington Subdivision Regulations, the Town of Arlington Zoning Ordinance and any other applicable regulations, and the project shall be constructed in accordance with those regulations. 2. The Final Plat shall conform to all requirements of the Town of Arlington Subdivision Regulations. 3. The Town shall re-record the plat to remove all notations regarding the no grade area. VI. New Business B. Other as Properly Presented 1. Heather Sparkes passed out information regarding legislation passed which requires Planning Commission members to register with the State Ethics Commission. She noted that the Board of Mayor and Aldermen are already required to register. She advised that the Tennessee Ethics Commission will mail a registration form to each member, and due to the nature of the questions on the form, she wanted to ensure that members were aware of the legitimacy of the request. She advised the members that the handout was just for information only, and they should wait until they receive the mailing to register. There was discussion. 2. There was no further new business to come before the Commission. VII. Adjournment Chairman Campbell called for a motion to adjourn. Motion: Mayor Wissman made a motion to adjourn. Scott Taylor seconded the motion. The motion carried unanimously. Russ Campbell, Chairman Date Steve McCarver, Secretary Date Submitted By: Theresa Smith

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