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HomeMy WebLinkAboutMinutes MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 10, 1983 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Runnels, Boughton, Ringer, Prause COUNCIL MEMBERS ABSENT: Councilmen Jones, Nemec STAFF PRESENT: Asst. City Manager/Finance Director VanDever, Director, of Capital Improvements Ash, Ass t. Director o,f Plan.ning Callaway, City SecretaryJones,Oeputy City Secretary Martin, Purchasing AgentWeddle, City Engineer Pullen, Adminstrative'.,Asst.. Nowlin, Tax Assessor-CollectorDickson, Building Official Perry, Lietenant, Kapella, Energy Specialist Layne, Planning Technician Volk, Deputy, Finance Director Schroeder VISITORS PRESENT: See guest register. Agenda Item No. ,1- Approval of the Minutes of the Workshop City Council lVleef.lii~ ;_~ F, ~llt~~:Y- 23 ;.1983- and ~ for'll! .a.eguLar: ~i!t: ~~~nc~~ ~~:;:~g~ .~ ~?:~~ty 24; .1 ge3 : · · · · .. · · · .. · .. · · · · ... · · · .. · · · · · · · · · ' "..' · · -, .... II' .I -, - Councilman Runnels pointed out on the February 24th meeting, page 2 paragraph 11, that the las~ name should be .. Slack II instead' of "Esphonic II . Councilman Prause moved approval of the minutes with the above correction. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 2 - A public hearing on the question of ,. granting a Cbn~i t.l0nAI OA~. ~f!tthlt 17 lOt A - d&f1t!l-Ol!!~A" to -~~ - 16~~:f.~d - 6^ -l!.ne ~ ~orner of f~xAA~{1~t!O~.A^a..Rl~^Atd~.SttAAt. ApfJ6Al~Of.t1'\t!-d~~!A10f1~O!-tl\~Vp&Z----~ eo1MlIAA!Of\.lA"Tl^Vt!\A.^Arru~.Of.~tAf1t.R: .~Olt~:.. .. m n- -.. L . ...... . ... .--...... . ................................ .......... w-. ................... .. _ .. _ ... __ _ ... .. .. "'..- Asst. Director of Planning Callaway presented the item. He stated that the Planning and Zoning Commission has denied the request for a conditional use permit for the construction of a dentist office on lot 28, Richards Addition. The proposed site is located on the southeast corner of the intersection of Texas Avenue and Richards Street and is currently zoned R-l. The Planning Staffie recommending denial of this request for the following reasons: 1. The request is inconsistent with the goals of the Community Development Block Grant Program for. the preservation and rehabilitation of this neighborhood. 2. The request represents a non-residential intrusion into a small single family area. 003818 REGULAR CITY COUNCIL MEETING THURSDAY, MARCHIO, 1983 PAGE 2 3. Alternative locations are available in this area for this type of development. The Planning and Zoning Commission unanimously denied this request. Mayor Halter opened the public hearing and asked to hear from those in favor of the permit. Mrs. Jane Wolfe stated that the request is for her son to build a dentist office on the lot. She indicated that lots along Texas Avenue should have a buffer between the residences and the traffic. She felt 'the usage of this land asa dentist'officewould be very compatible with the neighborhood and the traffic and provide safety for nearby residents. She said that the Federal Government should not be in opposition to this dental office. Grant Wolfe, applicant, presented a brief history of his family's background .He state,d that he had completed a survey of the neighbo,rhood and that most residents in the ar.easigned a petition in favor of the project. He stated ,that his development would be ideal for this tract and would not cause trafficproblems. Dan Rodgers, resident of Richards Street, spoke in favor of the rezoning. He expressed that this type'of office would benefit the neighborhood. When no one else spoke, Mayor Halter asked to hearfrorn those in opposition. Mr. Curley Green, resident of the neighborhood, stated that the people on Richards and Sterling Street opposed this request. He expressed that a buffer zone was not.needed.in this area. He felt the residents should not have to live with ac.ommercialoffice within there neighborhood. He pointed out their is a lot of'undeveloped commercial land available nearby to build a dentist office. Sam Ford, resident of Richards Street, spoke in opposition to the request. When no one else spoke, Mayor Halter closed the public hearing. Agenda Item No. 3 - Consideration of grant'ing, the above Conditional Use .PAtmit. :. II" 'R ... .................. .. ~ 4 ... .. .. .. ... ... .. .. ... .. ...,... .. ... ... .. ... .. . . "...-._,. ....... ... .. . J .--- Mayor Halter asked what the $235,000 in Community Development Block Grant funds, which also was half of the entire funding, was spent on. Community Development Planner Stephens indicated that the funds were designed to ,meet an un-met goal to provide homeownership for lower income persons. The funds represent the cost of land acquisition, moving structures, and renovating structures of the houses previously located 003819 REGULAR CITY COUNCIL MEETING THURSDAY, MARCHIO, 1983 PAGE 3 r behi~d city hall. Mayor Halter asked Mr. Stephens how a dental office would have an impact upon a development which is one block over and several blocks back. Mr. Stephens indicated that he did not have an opportunity to be a party to the discussion of,this request. He expressed that the City does have the discretion to use Community Block Grant funds according to how they see fit and to grant conditional use permits in the area. Mayor Halter asked the staff to explain the statement lithe request is inconsistent with the goals of the Community Development Block Grant Progr'am for the preservation and rehabilitation of this neighborhood." Asst. Director of Planning Callaway replied that the statement is intended to relay the original goals .of the Block Grant Program for the preservation of the neighborhood as a residential area. Mayor Halter asked what kind of_effects a dental office would have. Asst. Director of PlanIl,ingreplied that it would increase the amount of non-residential traffic and noise. Mayor Halter asked if the staff believed this lot would develop as a single family residence. Asst. Director of Planning Callaway replied that he could not answer that question but that currently 3. lots out of 4 have houses. Mayor Halter stated that the houses were probably built 20 or 30 years ago. He indicated that a conditionalus,e permit would allow only a dental office development which equld also be constructed to resemble residential housing. No houses have been built in this area within 10 years and a rezoning of this tract to a higher residential density, such as four plexes, would result in greater t.raffic. Councilman R,unnels asked if a Conditional Use Permit ever expires. Asst. Director of Planning Callaway replied that a permit does not expire if the development does not change. Mayor Hal ter express,ed that he fel t this property would not develop as a single family residence and in the future another city council could approve a major ,commercial development for this tract. A dental office would be compatible with the surrounding area. Councilman Boughton agreed with Mayor Halter's points and felt a dental off'ice 'would b~ a better development for the area. Councilman Boughton moved approval to grant this Conditional Use Permit for Mr. Wolfe for deve~opment ofa dental office. 003820 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 10, 1983 PAGE 4 Councilman Ringer asked that the motion be amended to include that only dne dentist will practice at this site. Counilman Boughton amended her motion to included Councilman Ringers request. Councilman Ringer seconded the motion which passed as follows: FOR: Mayor Halter, Councilmen Ringer, Boughton, Runnels AGAINST: Councilmen Prause Agenda Item No.4 - CONSENT AGENDA: BI0a!..CO~AldAtAtl0ft.Of~OldAO~!-. ........... Two (2) Cargo Vans -Energy Division and Police Dept. Repairs to Pitman Holstik Bucket Truck Remounting to existing ambulance body Steam/Pressure Cleaner Consideration of bids on Highway 6 Water Transmission Line Consideration of bids on Municipal Building Parking Lot Expansion. PLATS: Final Plat -Vacating and Replatof Part of Lot B Courtyard .. ,. Apartments Final Plat - Marion Pugh Blvd. Office/Service Center Final Plat - Resubdivision of Reserve E Plantation Oaks Addition Sectionl Final Plat - A" portion of Richards Addition Subdivision Councilman Runnels requested that Plantation Oaks Addition be removed from the consent agenda. HealsQ asked if an item is approved by common consent, then is it approved with staff recommendation. Mayor Halter replied,.that if an item is approved by common consent then it is approved by staff recommendation. Mayor Halter stated that the staff has requested that the Steam/Pressure Cleaner bids be removed. All other bids and plats were approved by common consent. Councilman Ringer moved to deny all bids on the Steam/Pressure Cleaner and seek new bids. Councilman Boughton s.econded the motion which passed unanimously. PLANTATION OAKS "RR'I..... 003R21 b- .........- '--J AGENDA ITU1 NO. ,4: 83-701: A public hearinq on the question of qr-(,H1tinq a Conditional Use Permit for a dental office to be located on the corne~ of Texas Avenue and Richards Street. Appl icatlonisin the name of Grant Wolfe. Mr. Callaway presented the request, located the tract on a map, explained the zoning in the area and the neighboring land uses. He referred to the P.R.C. report and stated that staff cannot recommend approval of this permit. He explained that previous requests to rezone this tract have been denied and those requests would have allowed this same type of project. The public hearing was opened. Mrs. Jane Wolfe came forward, stated her family is interested in zoning, identified the applicant as herson, and explained the research her son and his wife had done in the neighborhood. She said the land is located ana main traffic artery and planners don't mix heavy traffic and children, and that ideally, the lots along Texas Avenue should have a buffer between the res idences and the traffic. She spoke of land usage and said this tract should be commercial rather than residential. She referred to the Block Grant Program and said that as far as she could ascertain, the Federal Government probably would not be in opposition to this dental office. She compl imented the P.R.C. fornot allowing a curb cut from the tract onto Texas Avenue for safety reasons, and suggested this proposed dental office might be the best buffer possible. . Grant Wolfe, the applicant, came forwardandgave a bit of his family's background which included activity in~ivic affairs and training in planning. He expressed concern with staff'scontentlon that the neighborhood does not support this project, and said he and his wife had done a survey of the neighborhood and that most residents in the area signed a petition in favor of the project, which he handed out. He also questioned reference to heavy traffic which might be generated and spoke of a maximum of one car every 10 minutes~ He also addressed the problem of being inconvenient to patients, and pointed out the residents of~heneighborhood have the same problem. He also handed 'out 'TiTs- resuft:s~of-a--l and "u'se-- surv'ey-al ong Texas Avenue ,po in tedout he is not requesting a zone change, and promised that if the use permit is granted, he will be a good citizen of the neighborhood. . Jack DeMuynck, a local realtor, came forward, said that no one has built a home on Texas Avenue in the 5 years he has been here, spoke of the value of the land in question and the enhancement in value which would occur for the City in revenue if this project is approved. He addressed the Community Block Grant program and said he did not believe this would ever happen. He spoke of existing commercial development, and said that denial of the past rezoning requests had never been unanimous. Mr. Hill asked how this proposal compares with the 2 previous proposals, and he was told the first request was for a 2 story building for an attorney and a realty office; the second for a chiropractic clinic with parking under the building. Mr. Hill asked how this proposal differed, and was told tl,isis for a one story building housing an office which would generate less traffic and is more compatible with existing area. Oppone'nts were called to speak. Mr. Curley Green came forward, identified himself as a long time resident of this neighborhood and general spokesman for home owners in the area. He said he did not think the City should squeeze something in on residents who oppose it, s ta ted the lot in ques t ion is not all tha t su i tab 1 e for bus I nes s because it's hard to get in and out of due to the heavy traffic, and reported the residents even have a problem sometime. He pointed out there is a lot of undeveloped commercial land available nearby, but that this is a reside~tIal area and should stay that way~ . Mr. Hall asked who did not want it there and referred to a petition from residents who are for this project. Mr. Green said the home owners don't want it, and the people who signed the petition are renterswh'o 1 ivedmvn the street. Mr. Mayoagreed that a majority of the signatures were from the small, rent houses at the end of the neighbor- hood. Mr. Behling said that all with A&B on the address are rent houses. Sam Ford came forward and said a similar request was "kicked out" lastyear"and he hopes it will be this time. Mr. Kelly pointed out that the zoning would not be changed with this request and Mr. Ford said that if this dental office is allowed, it would be the same thing as a commercial zone. Mr. Miller asked for someone to refresh his memory. on the rezoning requests; Mr. Mayodid,and informed him they had come before this Com- mission. Mr. Bailey s~id it is his opinion that this request is a form of s~bterfuge, that the proposed use is still commercial ,that he has an aversion to any additional commercial development in this area, and 'thinks this tract should stay residential . Mr. Ba i 1 ey then made a mot ion to deny the reques t; Mr. Fl em i ng seconded. <I Mr. Hill asked staff about the probability of this land ever being used as residential and wondered what the long term outlook is. Mr. Mayo said that a commitment has been made by the Community Block Grant program to maintain this as residential. He pointed out that people have tried fromtime-to-time to purchase this land for single family residences; but a commercial price tag has been put on the land, and it is his belief that the City has no obligation to rezone this or to issue a permit for commercial use because of this high price tag. It is his belief that this should be maintained and preserved as a single family neighborhood and the only acceptable use probably would be single family, however this tract is large enough for 2 houses on 2 lots. Mr. Hill said it is his opinion that this is not good planning when you know it will never happen. Mr. Hill asked Mr. Hayo if this plan is realistic, and Mr. Mayo replied that in his opinion, it is. He went on to point out that there is much undeveloped commercial property nearby and wondered why it should be necessary to make this type of intrusion into a neig~~~~~~~d_._ Mr. Miller asked if Mr. May~ 'w\Io~_l,5!_~~_e~__t_~__~_~1-~~!:~_and Mr. Mayo said he would not, the zoning is R-l Single Family Residential. Mr. Hill stated he wants it on record that staff supports only single family residences here. Mr. Mayo went on to explain that <the rental area down the strf~et has deteriorated considerably, this is zoned for single family residences, and staff sees no realistic reason to rezone and does not thInk it is necessary to upgrade zoning for the present owners asking price. He asked what would happen if this dentist moved out of this building and left an empty building there which could not be used fora single family residence. Mr. Miller pointed out that approving this for a medical or dental office would be somewhat like approving it for Admini~trative-Professional zonIng. Mr. Behling pointed out that according to our ordinance, medical cl inics belong in residential neighborhoods. .' Then Mr. Behling explained that the motion presented only covers the Conditional Use Per- mit and not the site plan. Votes were cast and the motion to deny the request carried unanimously (7-0)~ Mr. Behl ing then said there is no point in now considering the site plan, and informed Dr. Wolfe that ffhe wishes, he can appeal ~his decision to the City Council.