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Commissioner Lightfoot moved to approve. the parking. requirement of 24 parking spaces (one space
per 250 sq. ft. with the staff comments. Commissioner Gribou seconded the motion which passed
unopposed (5-0).
AGENDA ITEM N0.6: Break for Dinner.
AGENDA ITEM NO. 7: Public hearing and consideration of a request to rezone approximately
5.8 acres. located along the south side of Southwest Parkway being Lots 2,3,5,6 and 7, Block C
and Lot 6, Block D Ashford Square Subdivision .from A-P Administrative Professional to R 2
Duplexes. (97-115 and 97-116)
Senior Planner McCully presented the staff report and stated that the subject site is located on the rear
portion of the Ashford. Square Center. The Iots to the north are zoned A-F Administrative Professional
and are developed as a day care center and an office building. Lots to the immediate west are- zoned C-
1 General Commercial and are developed as a bank and fast food restaurant across the .frontage.
Behind the .frontage area there is a 15,000 square foot commercial building (formerly the Schulman
Theater) that has recently been approved for a nightclub use. That approval is the third nightclub that
has been approved'for that property since 1993.. The R-7 zoned property to the south is developed as a
mobile home park. The abutting vacant,property to the east was zoned R-5 Apartment Medium Density
three years ago and is currently in the platting process.
The request is currently not in compliance. with the Land Use Plan nor with Development Policies
relating. to screening and buffering between residential. and commercial. uses. An immediate
juxtaposition of the proposed R-2 adjacent to a high intensity commercial development would not be
compatible without mitigation.
In order to approve a zoning that is in direct conflict with the Land Use Plan, an applicant must show
that there is a change of conditions within the area that could justify the proposed.. zoning as opposed to
the planned land use for the property. In this case, the applicant has studied the market conditions and
concluded that the subject property has remained .vacant because the rear lots are not marketable as
zoned. The applicant understands the Staffs concerns regarding the adjacent commercial; lots and has
communicated verbally that he intends to separate the commercial traffic from the residential traffic' and
to screen the proposed duplex area from the existing commercial sites. In response to Staffs concerns
for not only the layout but also the condition of the existing drives, he has agreed to rebuild and
reconfigure these drives. At the time the property .comes in for replatting, the Staff will ensure that the
conditions. of zoning are met. The. Planning and Zoning Commission will have ultimate approval
authority over the replat. Seven property owners within the 200 foot notification area were notified.
Staff received one inquiry as of the date of the staff report.
Staff recommended approval with the condition that. the zoning is not effective until a replat. has been
approved, and that the replat provide the following:
1 e New access. drives that meet current City paving standards.
2. That the access drives meet standards for adequate fire lanes and City vehicle turnarounds/radu.
3. That the access drives have no connection with the commercial access drives that currently exist
to the west.
4. .That the duplex lots be oriented away from the commercial lots.
5. That there be an impenetrable screen installed'along the western boundary of the duplex lots and
that the screen is not easily mountable. _ ',
P&Zl~nutes November 20, 1997 Page 3 of I1
Chairman .Massey opened the public hearing and seeing no one present to speak in reference to this
project, the public hearing was closed.
Commissioner. Garner moved to recommend approval. of the request to rezone this property with the
conditions recommended by Staff. Commissioner Parker seconded the motion which passed unopposed
(4-0).
AGENDA TI'EM NO. 8: Public hearing and consideration of a parking lot plan in a C-N
Neighborhood Commercial zoning district for Equity Realty's office building located at 201
Wellborn Road. (97-431)
Senior Planner McCully presented the staff report and stated that the subject site is .zoned C-N
Neighborhood Commercial, which. requires Planning and Zoning Commission approval.. In order to
approve the use and site plan of a C N proposal, the Commission. must .find that the purpose of the
district is met. The Zoning Ordinance states the purpose of this district as follows:
This district provides small commercial sites for residential convenience goods and service
businesses No use shall be allowed which would adversely affect the health, sdfety, welfare, or
residential character of the neighborhood The use shall be a law traffic generator and shall
not create arty noise, light, or odors abnormal to the neighborhood No outside storage or
display of goods or materials shall be allowed
The applicant is proposing to construct a 3,770 square foot one story metal office building. The site
will be oriented to Wellborn Road and take sole access from the front. The subject property abuts a
developed apartment site to the north and a developed single family area to the east. ' A screening fence
along these property lines has been discussed with the applicant. A fence along the northern property
line may interfere with some. of the trees that the applicant wishes to retain. The screening fence to the
east would be adjacent to a dedicated alley that is not longer used.. The applicant may choose to request
abandonment of the alley, at which time a screening fence will berequired adjacent to the residential lot.
Approximately nine property owners within 200' were notified and no responses were received as of the
date on the staff report.
Staff recommends approval with all staff comments as listed as well as the condition that a screening
fence be installed either adjacent to the alley or adjacent to the single family.
Chairman Massey opened the public hearing.
Steve Musser, MM Design, explained that the property between Varsity Apartments .and the Equity
Realty site contains large live oak trees on the property line, and the applicant would like to use these
live oaks as screens instead of putting a wood fence along the trees.
Shirley O'Brien, representative for Varsity Apartments, would like the trees to stay instead of having a
fence put up.
Chairman Massey closed the public hearing.
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