A regular meeting of the City of Washington Planning Commission was called to order at 6:30 p.m. in the Training Room at Fire Station No.1, by Vice Chairman Doug Wilson.

Present for Roll Call were Commissioners Doug Wilson, Bill Bradle, Jeff Borders, Gary Moehle and Bill Hartter. Commissioners absent included Arnie Wiltz, Mike Brown, Jeff Fuerst and Mel Joos.

Also present were P&D Director Jon Oliphant, Tom Kelly, Gary McGinnis and Carol Moss, City Clerk/Planning Commission Secretary.

Commissioner Moehle moved and Commissioner Hartter seconded to approve the minutes of the February 7, 2007 Planning Commission meeting, as presented. Motion carried unanimously by voice vote.

The agenda was reviewed and Item C, Plat of Survey Lot Waiver Request, was moved up to Item A. Remainder of the Agenda stood as presented.

P&D Director Oliphant explained to the Commission that Tom and Mary Kelly, 125 Legion Road have submitted a plat of survey to request the subdivision of their property into two parcels. The existing parcel is approximately 2.82 acres and the proposed plat would divide that into two parcels. The property is served by septic and well, therefore minimum lot size is one acre. The septic is located near an unattached garage and under the driveway. Proposed new north lot line of the existing lot line would be located approximately 35 feet north of the garage and a little more than 15 feet north of the septic. Mr. Kelley wants to move the lot line farther away from the septic field, but doing that will create a flag lot because there would only be 45 foot of frontage on Legion Road. The lot would not conform to the Subdivision Code because requirements are for a minimum width of 60 feet at the right-of-way line. The Code does state that the Planning Commission can recommend waiver of this requirement due to unique circumstances or topographical limitations. The Tazewell County Health Department requires a minimum of 5 feet between the septic tank and any lot line. There is not sufficient room to provide for the 60 foot at the right-of-way line because of the TCHD requirement. Consequently, the right-of-way width could be no more than 55 feet. Staff cannot support the 45foot lot width but can support a 55 foot lot width which will keep the septic tank within the same lot and will meet TCHD setback. Tom Kelley, present in the audience, stated that he has discussed this with P&D Director Oliphant and he agrees to the 55 width lot. P&D Director Oliphant stated that if the Planning Commission supports the waiver to a 55 foot lot width he can then process the plat of survey. Commissioner Moehle asked about the boundary lines of the new lot and P&D Director Oliphant replied the northeast corner of the one acre lot will jog in a little to meet the flag lot requirements, but the lot has to be a minimum of one acre because it is not served by city water or sewer.

Commissioner Moehle moved and Commissioner Borders seconded to approve a waiver of the required 60 foot right-of-way requirement per the memo from P&D Director Oliphant dated February 26, 2007 showing a one acre measuring 283.25' x 153.23' and with 45 foot frontage. 
On roll call the vote was: 
Ayes: 0 
Nays: 5 Bradle, Hartter, Borders, Moehle, Wilson 
Motion DID NOT carry.

Commissioner Bradle moved and Commissioner Hartter seconded to approve the waiver of the required 60' frontage to a 55' frontage width for the Tom Kelly property at 125 Legion Road based on TCHD setback requirement for the septic tank. 
On roll call the vote was: 
Ayes: 5 Moehle, Borders, Hartter, Bradle, Wilson 
Nays: 0 
Motion declared carried.

A public hearing for the purpose of hearing a Special Use request of Mark and Chery Thompson, 800 Ernest Street, for a private horse stable in a residential district, was opened for comment at 6:47 p.m. The petitioners are out of the country so are not able to attend this meeting, but P&D Director Oliphant reported to the Commission that the Special Use is being requested to allow up to five horses on the property at 800 Ernest Street. The property is not within the corporate boundaries of the City, but an annexation plat has been submitted. The subject property is approximately sixteen acres and would meet all of the requirements within the zoning district of R-1A. Horse stables are permitted as a special use. The Thompson's are requesting they be allowed to house up to five horses for their private use. Construction of a single-family residence is also planned. The property is irregularly shaped and has access from Charlotte Street. Size of the property meets the minimum acreage for horse stables, open space between the stable and neighboring properties would be sufficient and would not impact property values or the safety and welfare of the neighbors. A wooden fence with electric deterrent would be installed around the pasture. Property is suitable for the proposed Special Use and the location is appropriate for a horse stable. Staff recommended approval of the Special Use.

The Public Hearing was closed at 6:51 p.m. Commissioner Hartter moved and Commissioner Bradle seconded to recommend approval of the Special Use request of Mark and Chery Thompson for a private horse stable in a residential district subject to there being no more than five horses allowed. Commissioner Bradle asked if the number of horses allowed will be locked in. P&D Director Oliphant replied if approved subject to only five horses, the number of horses will be locked in. Commissioner Bradle asked even if the property changes hands. P&D Director Oliphant replied even if the property changes hands the number of horses allowed would remain at five. If a new property owner wanted to house additional horses, they would have to apply for a new special use. Commissioner Bradle said he does not understand this and P&D Director Oliphant pointed out that the Planning Commission can place special conditions on a special use and that is what they are doing by conditioning approval of this special use on there only being five horses allowed.

Findings of Fact - The Planning Commission found that the request was made by the owners of the property located at 800 Ernest Street; proper fees were paid; a public hearing was held on March 7, 2007 after proper notice was given and the property was posted; at the public hearing all interested parties were given the opportunity to be heard; there were no registered 'interested parties'; there was no audience present, consequently no objections to the Special Use; a plat showing the subject property was presented to the Commission showing adjacent and adjoining properties; the Special Use will not be detrimental to or endanger the public health, safety or general welfare; the Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish or impair property values; the Special use will not impede development of surrounding property; adequate utilities, access roads, drainage or necessary facilities will be provided; adequate ingress/egress will be provided to minimize traffic congestion in public streets; the Special Use will conform to all other applicable regulations of the zoning district; the Special Use should specify that no more than five (5) horses will be allowed.

On roll call on the motion to recommend approval, the vote was: 
Ayes: 5 Borders, Moehle, Bradle, Hartter, Wilson 
Nays: 0 
Motion declared carried.

A public hearing for the purpose of reviewing and receiving comment regarding the 2007 official map of zoning districts for the City of Washington was opened at 6:56 p.m. P&D Director Oliphant explained that this is something that is required every year, and the map before the Commissioners reflects all changes for the past year. He stated that there are some new subdivision roads that are not shown on this map but that should not affect the map.

The public hearing was closed at 6:59 p.m.

Commissioner Moehle asked why roads are shown on this map that are not built. P&D Director Oliphant replied that roads shown are platted. Commissioner Moehle questioned Freedom Parkway and P&D Director Oliphant noted that the City owns right-of-way for Freedom Parkway all the way to Cummings Lane. Commissioner Moehle indicated that something should be added to the map to show that portions of some roads are not in operation, maybe show those in a different color with a key for that particular color. Something should be put on the map indicating that portions of roads shown are not built out. Commissioner Bradle asked if the black line indicates that is where the road ends and P&D Director Oliphant replied that is correct. Commissioner Bradle suggested that rectifying this might be as simple as putting in wording "not completed".

Commissioner Moehle moved and Commissioner Borders seconded to recommend approval of the Official Zoning Map of the City of Washington, 2007, subject to identifying roads that are not completed. 
On roll call the vote was: 
Ayes: 5 Hartter, Bradle, Borders, Moehle, Wilson 
Nays: 0 
Motion declared carried.

There were no Staff Reports, Commissioners Comments or Chairman's Comments and at 7:07 p.m. Commissioner Bradle moved and Commissioner Hartter seconded to adjourn. 
Motion carried unanimously by voice vote.