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Case Number
#!fflJ/6
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Location:
Request: ~~Ne~i=ecm /I-p.. 7iJ c-0 (";e/tfl;HZ5o,e~~~_
i>VSr(t/6s.sj
Water: dtf:..-
Sewer: O/:::-
Street Capacity: dk.-,.
Access:
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pt411'e7? .
VIt1.. 3tJ :PJ?Jvlrtrkcl? $ ~~rr
Drainage: ~ ~.J
Flood Plain: R(/~~
Special Features:.
o the r :
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During staff review of this request it was determined that
the subject lot is over one aCre in area. The C-N zoning
district has special depth restrict.ions given below:
Sit e s of 0 n e a,c reo r 1 e ss -
150' minimum depth
Sites of more than one acre,- 250' minimum depth
up to two acres
Staff has no objections to C-N zoning at this location.
This lot is located in an area with a number of high density
apartmentandcondominiu.m developments. The Commission has
site development and land use control within the C-N zoning
d'istrict,o
The staff eannotrecommend thataC-Ndistrict be
establish.ed which does not meet th.e d,epthrequirements of
theC~Nzoningdist ri ets. There areseveralalternat.i vas
available to the applicant to address and correct the depth
problems. These alternatives are listed below, in order of
staff preference:
1. Reduce the size of this lot loone acre orh less. This
lot could"be 'replattedby .th.e applicant.
2. The applicant could submit a description of a one ~cre
or small er porti on of this lot for ,cons idera t ion as aC-N
zoning district. The remaining portion of the lot would
be leftA--P.
3. TheCummission andCouneil could consider another zon~ng
district if it is determined that this lot should not
remain A-.P. TheC-3 zoningdistrictwoul-d be a
reasonable alternative if this is the case.
The applicant was made aware of these problems on July 25.th.
P&Z ACTION:
On 8-1-85 P&Z unanimously (6-0) approved a motion to recommend
approval of thisrezoningrequestwithlhestipulation that the
a.ccess easement asplat,ted on the eastern side of this lot is not
included in the rezoning, and will remain zoned A-P.
ADDITIONAL STAFF COMMENTS:
The ordinance included in your packets reflects the deletion of
the easement from the rezoning action as the motion approved by
the P&Z Commission directso
P&Z MINUTES:
AGENDA ITEM NO.3: 85,..-116: A public hearin.g on thequesti,on of
rezoning Lot2R Courtyard Apartments subdivision located onS.R.30
approximately 224 feet west of the intersection of Stallings Drive
and S.H. 30 from A-PAdministrat iv.e-Profess ionalto C-N
2 I
Nei ghborhood,Business .
Applieant is TexanaJolnt Venture.
Mr. Callaway located the lot, explained area zoning and referred to size
restrictions of C-N zones, adding that although staff 1188 no objections to C-..N
zoning on this par't icular tract, this lot is over one acre in size, and as such
would be required to have. a minilnum lotdeptll of 250 feet . He pointed out t.hat
this lot does not have the required depth, therefore, staff cannot reconunend that
a C-N district be established which does not meet the depth requirements of theC-N
zoning districts, but would recommend a reduction in tIle size of this lot to one
acre or less which could be done by replattingthe lot, or as the applieant has
suggested, by eliminating theeaseIIlentalol1g the east side of this lot from the
rezoning thereby accomplishing the required lot size without the time and expense
involved in replattingthe lot. Mr. MacGilvray referred to Director of PlanniIlg
Mayo' soften repeated stat.ement that there isa lot ofundevelQpedconnnercial land
in the city Wllich could be used withoutrezoningadditionallarid, and Mr. Callaway
replied that is correct, but in this case, the applicant is requesting a change
from one type of commercial to another . Mr . Kaiser asked if a isc;reenfence would
berequiredbetwe'enthis commercial development and the adjacent residential areas
and Mr. Callaway replied tl1at a screen fence would be required I between any
commereialdevelopmentandexistingresidential development. Mr. MacGilvray
pointed out that the proposed plan of not 'rezoning the easement is not included on
the staff report,and.Mr. Callaway replied that discussion of this proposal had
taken place with the applicant after the staff ,report had been ,distributed.
The public hearing was opened. Jim Jett, trustee for the property and
representative of the group of owners came forward to explain that the proposed'p&Z
project ,for this lot will serve much of theneighborhood,as there is a large
number of apartments within walking distance; but it would, of course, serve others
simply because of its location on a highway. He said that the applicants agree to
the easement being excluded from the rezoning, that there will be no additional
curb cuts to Harvey Road, but they hope to get access to the neighboring apartment
complex. He said a 7-11 store is planned on this lot, as well as some otller
project which will fit into the restrictions set forth in theC.....N zoning
regulations.
Mr. MacGilvrayaskediftheCommissionwillhave a review of the uses and Mr.
Callaway replied that it will,afterwhich.Mr. MacGilvray made amotion to approve
this rezoning request with the stipulation that the access easement as platted on
tIle eastern. side of. this lot is not included in the rezoning, and will remain zoned
A-P. Mr. Wendler seconded the motion which carried unanimously (6-0).
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