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P&Z MINUTES ON CASE NO. 80-55 -- Rezone 3.0 Ac. Texas near Rock Prairie A-Q to C-l
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AGENDA ITEM NO.7 -- A public hearing on the question of rezoning a 3.0 acre
tract located east of and adjacent to Texas Avenue and 1.000 feet south of the
int~rsectionof Texas Avenue and the East Bypass from Agricultural/Open District
~-O to General Commercial District C-l. The application isin the name of
Mr. Gerald W. Farrar.
Hr. Nayo showed the location of the tract and pointed out the transportation
plan showing a major road running through the tract ~o connect with the road
now being built by Mr. Fitch on the west side of Texas Avenu~. He pointed out
that the City Attorney had told him that it would not he legal to turn down a
rezoning request based on the fact that the City might need to purchase right-
of-way-
Commissioner Gardner stated that the Com~ission could still turn down the re-
quest if they felt it was bad zoning.. He stated that the rezoning would ju~t
be a continuation of a strip zone allready started and that it went against the
Comprehensive Plan. He added that commercial zoning in the outlying areas of .
the City would detract from the compactness of the City.
Commissioner Bailey stated that it might be poor zoning from the standpoint of
spot zoning but that it did not go against the Comprehensive Plan just because
the plan showed nothing but residential land uses in undev.eloped. or fr~nge
areas. He suggested that this w9s a fallacy of the Plan.
The public hearing was opened.
t1r. Farrar stated that the owner 'of the land intended to bu i ld a garden center-
greenhouse facility on the site and that the O\fmer was not aware of the location
of the road.
Chairman Maher asked Hr. Ash if sewer service would be extended to this site under
the same agreement discussed on the adjacent property I;/hich waS recently rezoned.
t\r. Ash stated that this tract would not be included in this agreement and that
this facility would have to be placed on i.ts own septic system.
Hr. Cliff Young stated that he was opposed to continued commercial rezoning
while the Comprehensive Plan was being undertaken.
The'publ ie hearing vIas closed.
Commissioner Watson moved that the Commission recommend approval of the rezoning.
The motion was seconded by Commissioner Sears.
Commi S5 ioner Gar'dner offered to amend the mot ion to state that. the Commiss ion'
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de.ny the request "without prejudice" until Plan 2000 "/as completed and the final
alignment of the major raod was determined.
Commissioner Watson stated that he wished his motion to stand ashe had stated it.
Themation failed bithe following vote:-
For: Commissioners Watson, Sears, Behling
Against: Chairman Maher; Commissioners G,ardner, Bailey
Absent: Commissioner Hazen
Chairman Maher ruled that the request \!-Jould go forward to the City Council with
no recommendation from the Commission.
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