Loading...
HomeMy WebLinkAboutS-1419 Staff AnalysisMarch 11, 2004 ITEM NO.: 10 NAME: Diamond T Subdivision Preliminary Plat LOCATION: On Crystal Valley Road DEVELOPER: Diamond Development Company P.O. Box 26052 Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue, Suite 202 Little Rock, AR 72201 FILE NO.: AREA: 12.11 acres NUMBER OF LOTS: 48 FT. NEW STREET: 1550 L.F. CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 VARIANCESNVAIVERS REQUESTED: None requested. A. PROPOSAUREQUEST: The applicant proposes to subdivide 12.11 acres located on Crystal Valley Road into 48 single-family lots. The site is located outside the existing city limits of Little Rock and the applicant has indicated annexation will be sought if the proposed plat is approved. The applicant is proposing an average lot size of 7560 square feet and the minimum lot dimension of 63-feet by 120-feet. The applicant has indicated 1550 linear feet of new street as a part of the development. B. EXISTING CONDITIONS: The site is located on Crystal Valley Road outside the City limits. The City limits adjoin the site to the west (Eagle Hill Community) making annexation a possibility. The site is currently vacant. The site as well as the general area March 11, 2004 SUBDIVISION ITEM NO.: 10 Cont.) FILE NO.: S-1419 contain rolling hills. There are single-family homes located across Crystal Valley Road as well as north and south of the site. There is a PCD located south of the site that appears to be functioning as a single-family residence. Crystal Valley Road is an unimproved roadway with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners, the Crystal Valley Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENT PUBLIC WORKS CONDITIONS: The preliminary plat shows right-of-way dedications and street improvements as required by the Master Street Plan. However, sidewalk construction is also required on Crystal Valley and on West Diamond Way west to Diamond Cove. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. Show easements for all drainage and detention facilities. 4. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the city limits and outside the service boundary. No comment. Entergy: No comment received. Center -Point Energy: Approved as submitted. 4 March 11, 2004 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1419 SBC: Approved as submitted. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Located outside the City Limits. The site must annex to receive City services. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Plannina Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 19, 2004) Mr. Pat McGetrick was present representing the request. Staff stated the request was for a preliminary plat located outside the corporate limits. Staff stated since the proposed plat was located within the city's planning jurisdiction it was appropriate to review the plat and as a condition of approval the applicant would be required to seek annexation. Staff stated it should be clear that support of the plat did not constitute support of the annexation. Staff requested the applicant provide additional information related to the proposed preliminary plat. Staff requested the applicant provide a 30-foot front building line adjacent to Crystal Valley Road. Staff also requested the applicant provide the names of owners of unplatted tracts abutting the proposed plat area. Staff requested the applicant provide a phasing plan, if applicable. Public Works comments were addressed. Staff stated a grading permit would be required prior to any grading activities on the site. Staff also stated the right-of- way for Crystal Valley Road was not sufficient to meet the minimum requirements of the Master Street Plan. Ecl March 11, 2004 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: S-1419 There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the February 19, 2004 Subdivision Committee meeting. The applicant has indicated a 30-foot front building line adjacent to Crystal Valley Road (a collector street on the Master Street Plan) and a 25-foot front building line adjacent to the interior street. The applicant is requesting a variance to allow an increased lot depth to width ratio for Lots 19 — 20, 24 — 27 and 33 — 36. These lots are corner lots at the ends of cul-de-sacs. The Subdivision Ordinance requires no lot may be developed at a ratio greater than three times the depth to width ratio. Staff feels the proposed requested variance will have minimal to no adverse impact on the adjoining properties. Staff is supportive of the proposed requested variance. Staff is supportive of the proposed preliminary plat. For the most part the proposed preliminary plat meets the minimum requirements of the Subdivision Ordinance with regard to minimum lot width, minimum lot depth and the minimum square footage required for an R-2, Single-family zoned property. The site is located outside the City limits and should the preliminary plat be approved, the applicant will file for annexation. Staff is not however, indicating support of the future annexation request. The request will be evaluated on its merits based on the cost/benefit analysis prepared at the time of the request for annexation. Development of the plat as proposed is conditioned upon annexation to the City since the developer proposes to utilize Little Rock sewer S1ZT►�ea� Otherwise, to staffs knowledge there are no outstanding issues associated with the proposed request. Staff feels the proposed preliminary plat should have minimal to no adverse impact on adjoining properties. I. STAFF RECOMMENDATION: Staff recommends approval of the requested preliminary plat subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends approval of the requested variance to allow Lots 19 — 20, 24 — 27 and 33 — 36 to develop with an increased lot depth to width ratio. CI March 11, 2004 SUBDIVISION ITEM NO.: 10 Cont. FILE NO.: S-1419 The property must be annexed to the City of Little Rock prior to any grading activities or development of the site. PLANNING COMMISSION ACTION: (MARCH 11, 2004) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a letter dated March 10, 2004 requesting the item be deferred to the March 25, 2004 Public Hearing. Staff stated the applicant was requesting additional time to meet the adjoining property owners to discuss their concerns. Staff stated the requested deferral would require a waiver of the By-laws related to the late deferral request. Staff stated they were supportive of the requested By-law waiver and the deferral request. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. 5 ITEM NO.: 10 FILE NO.: S-1419 NAME: Diamond T Subdivision Preliminary Plat LOCATION: Crystal Valley Road, approximately 1200 feet north of the east/west leg Plannina Staff Comments: 1. Provide notification of abutting property owners of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. 2. Indicate a 30-foot platted building line adjacent to Crystal Valley Road. 3. The site is located outside the city limits. The applicant will be required to annex the property if approved to receive city services. 4. Provide the name/address and source of title for the landowners on the proposed preliminary plat. 5. Provide the limits of the floodway and/or floodplain on the proposed preliminary plat. 6. Provide the names of owners of all unplatted tracts abutting the plat area. 7. Provide a phasing plan, if applicable, for the proposed subdivision. Variance/Waivers: A variance to allow an increased lot depth to width ratio for corner lots. � ubiic Works: � " C" Ci 1. The preliminary plat shows right-of-way dedications and Set improvements as required by the Master Street Plan. However, sidewalk construction is also required on Crystal Valley and on West Diamond Way west to Diamond Cove. 2• A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any ;vf'' , a land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. Show easements for all drainage and detention facilities. 4. Prepare a letter of pending development addressing streetlights as required by Section 31- 403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. ��V O Utilities and Fire Department/County Planning: Wastewater: The site is located outside the city limits and outside the service boundary. No comment. Entergy: No comment received- Center -Point Energy: Approved as submitted SBC: Approved as submitted. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Located outside the City Limits. The site must annex to receive City services. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional details. County_ Planning: No comment received. CATA: No comment received. Planning Division: No comment. Landscape: No comment. Revised_plat/plan: Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, February 25, 2004. April 8, 2004 ITEM NO.: 3 NAME: Diamond T Subdivision Preliminary Plat LOCATION: On Crystal Valley Road DEVELOPER; Diamond Development Company P.O. Box 26052 Little Rock, AR 72210 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue, Suite 202 Little Rock, AR 72201 ILE NO.: S-1419 AREA: 12.11 acres NUMBER OF LOTS: 48 FT. NEW STREET: 1550 L.F. RRENT ZONING: R-2, Single-family PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to subdivide 12.11 acres located on Crystal Valley Road into 48 single-family lots. The site is located outside the existing city limits of Little Rock and the applicant has indicated annexation will be sought if the proposed plat is approved. The applicant is proposing an average lot size of 7560 square feet and the minimum lot dimension of 63-feet by 120-feet. The applicant has indicated 1550 linear feet of new street as a part of the development. B. EXISTING CONDITIONS: The site is located on Crystal Valley Road outside the City limits. The City limits adjoin the site to the west (Eagle Hill Community) making annexation a April 8, 2004 ITEM NO.: 3 Cont. FILE NO.: S-1419 possibility. The site is currently vacant. The site as well as the general area contain rolling hills. There are single-family homes located across Crystal Valley Road as well as north and south of the site. There is a PCD located south of the site that appears to be functioning as a single-family residence. Crystal Valley Road is an unimproved roadway with open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners, the Crystal Valley Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: BLIC WORKS CONDITIONS: 1. The preliminary plat shows right-of-way dedications and street improvements as required by the Master Street Plan. However, sidewalk construction is also required on Crystal Valley and on West Diamond Way west to Diamond Cove. 2. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 3. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. Show easements for all drainage and detention facilities. 4. Prepare a letter of pending development addressing streetlights as required by Section 31-403 of the Little Rock code. Contact Traffic Engineering at (501) 379-1813 (Steve Philpott) for more information regarding street light requirements. 5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the city limits and outside the service boundary. No comment. Entergy: No comment received. PA April 8, 2004 ITEM NO.: 3 (Cont.) FILE NO.: S-1419 Center -Point Energy: Approved as submitted. SBC: Approved as submitted. Central Arkansas Water' All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be required in order to provide service to this property. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Located outside the City Limits. receive City services. Place fire hydrants per code. Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: The site must annex to Contact the Little Rock (February 19, 2004) Mr. Pat McGetrick was present representing the request. Staff stated the request was for a preliminary plat located outside the corporate limits. Staff stated since the proposed plat was located within the city's planning jurisdiction it was appropriate to review the plat and as a condition of approval the applicant would be required to seek annexation. Staff stated it should be clear that support of the plat did not constitute support of the annexation. Staff requested the applicant provide additional information related to the proposed preliminary plat. Staff requested the applicant provide a 30-foot front building line adjacent to Crystal Valley Road. Staff also requested the applicant provide the names of owners of unplatted tracts abutting the proposed plat area. Staff requested the applicant provide a phasing plan, if applicable. Public Works comments were addressed. Staff stated a grading permit would be required prior to any grading activities on the site. Staff also stated the right-of- way for Crystal Valley Road was not sufficient to meet the minimum requirements of the Master Street Plan. 3 April 8, 2004 ITEM NO.: 3 (Cont.) FILE NO.: S-1419 There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing most of the issues raised at the February 19, 2004 Subdivision Committee meeting. The applicant has indicated a 30-foot front building line adjacent to Crystal Valley Road (a collector street on the Master Street Plan) and a 25-foot front building line adjacent to the interior street. The applicant is requesting a variance to allow an increased lot depth to width ratio for Lots 19 — 20, 24 — 27 and 33 — 36. These lots are corner lots at the ends of cul-de-sacs. The Subdivision Ordinance requires no lot may be developed at a ratio greater than three times the depth to width ratio. Staff feels the proposed requested variance will have minimal to no adverse impact on the adjoining properties. Staff is supportive of the proposed requested variance. Staff is supportive of the proposed preliminary plat. For the most part the proposed preliminary plat meets the minimum requirements of the Subdivision Ordinance with regard to minimum lot width, minimum lot depth and the minimum square footage required for an R-2, Single-family zoned property. The site is located outside the City limits and should the preliminary plat be approved, the applicant will file for annexation. Staff is not however, indicating support of the future annexation request. The request will be evaluated on its merits based on the cost/benefit analysis prepared at the time of the request for annexation. Development of the plat as proposed is conditioned upon annexation to the City since the developer proposes to utilize Little Rock sewer service. Otherwise, to staff's knowledge there are no outstanding issues associated with the proposed request. Staff feels the proposed preliminary plat should have minimal to no adverse impact on adjoining properties. STAFF RECOMMENDATION: Staff recommends approval of the requested preliminary plat subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends approval of the requested variance to allow Lots 19 — 20, 24 — 27 and 33 — 36 to develop with an increased lot depth to width ratio. CI April 8, 2004 ITEM NO.: 3 (Cont.) FILE NO.: S-1419 The property must be annexed to the City of Little Rock prior to any grading activities or development of the site. PLANNING COMMISSION ACTION: (MARCH 11, 2004) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a letter dated March 10, 2004 requesting the item be deferred to the March 25, 2004 Public Hearing. Staff stated the applicant was requesting additional time to meet the adjoining property owners to discuss their concerns. Staff stated the requested deferral would require a waiver of the By-laws related to the late deferral request. Staff stated they were supportive of the requested By-law waiver and the deferral request. There was no further discussion of the item. The item was placed on the Consent Agenda and approved as presented by staff by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. PLANNING COMMISSION ACTION: (APRIL 8, 2004) Mr. Pat McGetrick was present representing the request. There were numerous objectors present. Staff stated the developer did not mail notices as required by the Subdivision Ordinance. Staff stated the notices were post marked thirteen days and not fifteen days prior to the public hearing. A motion was made to waiver the By-laws with regard to notification. The motion carried by .a vote of 11 ayes, 0 noes and 0 absent. Staff presented the item indicating the proposed subdivision meet all the minimum requirements of the Subdivision Ordinance. Mr. McGetrick addressed the Commission on behalf of the applicant. He stated the proposed developers and himself had meet with the property owners prior to the public 5 April 8, 2004 ITEM NO.: 3 (Cont. FILE NO,: S-1419 hearing. He stated the developer would install sidewalks, detention and provide improvements to Crystal Valley Road. He stated the developer was not requesting any waivers or variance to allow the proposed subdivision to be developed. Mr. Barry Hass addressed the Commission in opposition. He stated his wife owned property to the south of the proposed subdivision. He stated the family was opposed to the development for a number of reasons. He stated the plat had not requested annexation prior to the request for subdivision review, the density of the proposed development, traffic and safety concerns. He stated the developer had meet with property owners in the area. He stated he also had concerns with the notification process. He stated not all owners of property abutting the proposed plat area were identified and/or notified. He stated he had a concern with the Commission waiving a wand and removing the notification requirement. He stated notification requirements were put in place for a reason and the requirements should be followed. He stated according to County records there were seven to eight property owners located adjacent to the plat and only three were notified. Mr. Hass stated the recently approved Dyke annexation would allow approximately 605 new homes in the area. He stated the proposed level of density would result in a large amount of traffic on the existing two lane roads. He stated the area was rural in character and the proposed development was not. He stated the site contained an exiting pond, which was not proposed to be kept, and the development did not allow for green space. Mr. Hass stated there were also concerns of the proposed development and the adjoining properties. He stated the neighboring property to the north contained a horse farm and the property to the south contained a large pond. He questioned the responsibility of the property owners if a child was hurt. Mr. Eric Harden addressed the Commission in opposition of the proposed development. He stated his concern was related to flooding. He stated the site contained a creek, which was susceptible to flash flooding. He stated he- had lived in the area for 38 years and the site had flooded on many occasions. Ms. Susan Hardin addressed the Commission in opposition of the proposed subdivision. She stated the many of the residents in the area were using wells for their water source. She stated the residents had a concern with the placement of the number of homes requested and the potential for contamination to their water source. She questioned any studies, which had been completed to determine non -point source water contamination. She stated the developer could not control the household chemicals or the materials placed on yards from future homeowners. She stated the new development would increase run-off to adjoining properties, which was also a concern. Ms. Marla Alderson addressed the Commission in opposition of the proposed development. She stated her property was located between the two subdivisions. She ,V April 8, 2004 ITEM NO.: 3 (Cont. FILE NO.: S-1419 stated the quality of life was a concern of area residents. She stated there were also concerns with the placement to the proposed number of homes in close proximity. Ms. Alderson stated there were two hair pen turns located near the subdivision. She stated the developments were also located near a slight ridge in the road, which cause sight distance problems for existing homeowners when exiting their drives. Mr. Alderson stated the development was also located in close proximity to the Dyke annexation property, which would add an additional 600 homes to the area in a relatively short time frame. She stated south of the proposed subdivision Eagle Hill apartment development would also add additional units which would use Crystal Valley Road for access to the new units. She stated with the existing roads in place safety was a primary concern. Ms. Melissa Woods addressed the Commission in opposition of the proposed development. She stated fire protection was a concern. She stated during the recent Dyke annexation fire safety and the possibility of losing the City's current fire rating was discussed. She stated the Fire Department had indicated a fire station was needed at intervals of 1.5 and 2.5 miles. She stated the nearest fire station was located at the Southwest Hospital. She stated development should be limited to allow time for City resources to catch-up with demand. Mr. Redman Ritchie addressed the Commission in opposition of the request. He stated traffic and traffic safety were concerns. He stated currently it was difficult to travel Highway 5 at 5:00 pm. He stated police patrols were currently stretched and the City should not place additional demand on the police department. Mr. Tom Alderson, Mr. Frank Vorster and Ms. Bobbie Ritchie chose not to address the Commission. Ms. Karen Hooks addressed the Commission in opposition of the proposed request. She stated the development of 48 homes on the site was not characteristic of the neighborhood. She stated the area was developed in a rural setting and not in the density proposed. She stated the development of the area at the proposed density would be disruptive to the existing wildlife. She stated the development should include areas designated as green space. Ms. Tami Johnson addressed the Commission in opposition of the proposed development. She stated she agreed with the previous speakers. Ms. Martha Hopkins addressed the Commission in opposition to the proposed request. She stated the development was located near a 90-degree turn on Crystal Valley Road. She stated she was outside all day training horsed on her farm. She stated motorists traveled the road at high rates of speed and the placement of an entrance to the subdivision at the proposed location would be hazardous. 7 April 8, 2004 ITEM NO.: 3 (Cont. FILE NO.: S-1419 Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the proposed request. She stated the impact of the subdivision on the City's limited resources was a concern of the League. She stated the road network was not adequate to handle the traffic impact of the proposed development. She stated it was important for the City to develop a long-range plan for the area prior to allowing additional development in an area that was not ready for development. Mr. George Hirrill addressed the Commission in support of the proposed development. He stated he was the property owner and he questioned the previous statement concerning flooding. He stated the creek located on the land did not over flow unless there were significant rainfalls. He stated even then the water would recede quickly. Mr. Hirrill stated the city was in great need of affordable single-family homes. He stated the development as proposed would offer this to the community. Staff stated the roadway was adequate to handle the traffic that was projected from the development. Staff stated the traffic volumes on a two lane rural facility were similar to areas located within the City. Staff stated existing traffic counts indicated 2000 to 29000 vehicles per day. Staff stated the Master Street Plan classified the street as a collector street in this area. Staff stated the proposed development would generate an average traffic count of 6800 trips per day or 10 trips per day per household. Staff stated the road would handle the proposed traffic volume. Staff stated the volume of traffic on Fair Park Boulevard was currently 14,000 vehicles per day. Commissioner Lowry questioned the Deputy City Attorney on the discretion of the Commission. Ms. Cindy Dawson, Deputy City Attorney, stated per Richardson vs. the City of Little Rock, if a development meets all the minimum requirements of the subdivision ordinance the Commission was required by Law to approve the request. Commission Lowry questioned if all the minimum requirements had been met. Staff noted all the requirements had been met. There was a general discussion concerning Richardson vs. the City of Little Rock. Ms. Dawson stated in the dissenting opinion reference was made to the Planning Commission having discretion under the ordinance. Ms. Dawson noted the opinion was on the losing side and not the basis of the case. A motion was made to approve the subdivision request as filed. The motion carried by a vote of 10 ayes, 1 noe and 0 absent.