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Commissioner Hall moved to recommend denial of the rezoning .request of approximately .69.8
acres generally located on the. southeast corner of Sebesta Road and State Highway 6 East Bypass
Frontage Road from A-0 Agricultural Open and R-1 Single Family Residential to C-1 General
Commercial,. A-P Administrative Professional and R-1 Single Family Residential. Commissioner
Gribou seconded the motion.
Commissioner Hall stated that he would prefer to see the recommendations by the consultants on
the Comprehensive Plan to see what the long term plans .are for the subject area. However, if the
consultants recommend commercial development at this location then .the .Commission and
Council may approve a similar rezoning. request. .Commissioner Hall stated that a more detailed,
long range plan should be established for the area prior to development.
Chairman Hawthorne explained that he was in favor of the .first rezoning request on the subject
property. He stated that he will vote to recommend denial of the proposed rezoning request
primarily because it appears that the situation is getting worse and more commercial zoning is
being added. to the plan. It' is unlikely that such an-intense development as Target or HEB will
develop at this location: primarily due to accessibility. However, the Commission needs further
direction from City :Council on the long range plans for this area and hopefully those issues will be
resolved with the adoption of the Comprehensive Plan.
Commissioner Lightfoot stated that he is not. ready to vote on the proposed rezoning request. He
requested that. someone representing the proposed C-1 property' present more information about
the future development of the C-1 property.
Bill Atkinson,: one of the owners of -.the. subject. property stated that at this point,. no .specific
commercial uses or plans have been established. The property was purchased in 1979 and at that
time, commercial development was. contemplated.
The motion to recommend denial. of the rezoning request passed unopposed (7 - 0).
AGENDA ITEM NO: 3: Public.hearing to consider a rezoning request for lot 3 of the
Courtyard `Apartments Subdivision, First' State Bank located at 701 :Harvey Road, from A-
PAdministrative Professional to 'C-3 Planned Commercial. (95-107) ~'
Staff Planner Kuenzel presented the staff report and recommended approval of the proposed
rezoning request. The .purpose of this request is a desire on the part of the applicant to be
allowed additional height and 25 square feet additional area on the signage for the property. The
existing zoning restricts signs to 1`00 square feet and the height to 10' with a 10' setback from the
property line. The requested C-3 would allow 125 square feet and a height of roughly half the
distance from the. sign edge to the' street curb. This property as well' as the existing G-3 to the
south were zoned A-P in 1982 when the lots were still vacant. In 1985, the lot to the west was
rezoned to C-N to allow' for automobile servicing `uses. A service station and auto repair shop
were built on that site as a result of that rezoning. In 1987, a rezoning for the same lot to the
west was approved to allow for higher and larger signage for the businesses. This applicant
wishes to be allowed the same visibility as his neighbors. to the west. The difference between A-P
and C-3 is that some retail usage is allowed and C-3 is considered more ,intense than the A-P.
However, both districts are considered "light commercial" and the difference is minimal from a
traffic viewpoint. A=P .uses tend to have more restrictive characteristics in that their need for
advertising is not as great as other commercial district uses. However, the history of the zoning
and eventual lessening of sign restrictions. of the property to the west would justify this zoning
change. The Land Use Plan shows this area and. the surrounding area to the north as high-density
residential. However, 'the entire area fronting`on Harvey Road between Texas and Highway 6 has
received .continued pressure for commercial zoning. Approximately six surrounding property
owners were notified of the rezoning: request with no response.
Chairman Hawthorne opened the public. hearing.
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Switzer Deason, Chairman of the First State Bank, approached the Commission and explained
that they are the only banking facility along Harvey Road. The existing building is hidden to
traffic :along Harvey Road. and sits approximately 80' from the roadway.
Chairman Hawthorne closed .the public hearing.
Commissioner Lightfoot moved. to recommend approval of the.. rezoning request for lot 3 of the
Courtyard Apartments Subdivision, First State Bank located at '701 Harvey Road, from A-P
Administrative Professional to C 3 :Planned Commercial. Commissioner Gribou seconded the
motion which passed unopposed (7 - 0).
AGENDA ITEM NO. 4: Consideration of a preliminary E.T.J. plat for the German
Acres Subdivision.. (95-305)
Asst. City Engineer Morgan. presented the staff report and recommended approval of the
proposed preliminary plat with the condition that the lot line be removed between lots D and E.
Both lots are owned by the .same person and should not cause a problem. The removal of this lot
line will prohibit lot E from being virtually "land locked". A Presubmission .Conference was held
on March 1,..1995 that recommended approval of the preliminary plat with the condition that
additional property be included in the plat to reflect the property as it existed in 1970. and has
since been subdivided. This additional property has been added to the plat and the County
Commissioner's Court approved the plat on February 27, 1995.
Commissioner Gribou moved to recommend approval of the preliminary E.T.J. plat for the
German Acres Subdivisionwith staff recommendations. Commmssioner Lightfoot seconded the
motion which passed unopposed (7 - 0).
AGENDA ITEM NO. S: Consideration of a variance request to Driveway Ordinance
No. 1961, to allow backing maneuvers into the public street .right-of--way for Our Savior's
Lutheran Church located at 315.Tauber Street. (95-801).
Transportation Planner Hard presented the staff report and recommended denial of the proposed
driveway ordinance variance request for the following reasons:
(1) Safety. The backing maneuver across the bike lane and out into the street would
be detrimental and unsafe for traffic operations on this street. The conflict between the
head-in spaces and the' bike lane is of greatest concern.
(2) Consistency/Fairness. Previous requests from two businesses to retain their head-
in parking has. already been denied. Both lost a greater percentage of their total parking
than will the church.
(3) Setting a Precedent. If this variance is approved, it sets a precedent. for similar
appeals. that could come before the Commission for head-m parking on College Main.
(4) Previous Council Action. The City Council has already directed staff to remove
the Church's seven existing head-in spaces along College Main.. The approve twelve new
head-in parking spaces in this same location would be contrary to their prior direction.
Transportation Planner Hard stated that the design plan for the College Main Improvement
Project calls for the removal of all on-street and head-in parking to safely allow.for the installation
of bike lanes from Church Street .north to the city limit line. The current head-in parking
operationally acts as an extra wide curb cut (140' in length) which creates one long point of
P & Z Minutes April 6, 1995 Page 6 of 7