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HomeMy WebLinkAboutMinutesMinutes Page 2. Planning & Zoning May 7, 1981 4latson and was approved by the ..following vote. In Favor: Commissioners. Livingston, Behling, Maher, Watson, Hazen and Sears. Opposed: Commissioner Gardner. There being no further corrections to the minutes, upon motion by Commissioner Hazen and second. by Commissioner Gardner, the minutes of April 16, 1981 were unanimously approved subject to the corrections as indicated. AGENDA ITEM N0. 3 - Hear Visitors. No one spoke and Chairman Behling moved to the next agenda item. AGENDA ITEM NO. 4, Case No. 81-119, A public hearing on the .question of rezoning the west portion of Block D, Culpepper Plaza,. located at the southeast corner of Dominik Drive and Puryear Street from Apartment District R-6 to General Commercial District C-1. The application is in the name of City National Bank. Asst. Planning Director Callaway explained the location of the proposed development of the Automatic Teller Machine (ATM), which would provide 24 hour_.banking services by City Pational Bank.• He explained the traffic flow expectations from such a development as compared to the traffic which would be generated if the same tract were developed for residential use. He also pointed out the potential problems. if this tract were rezoned C-1, as requested, and then not developed by the bank as an ATP facility, end recommended that C-1 rezoning not be approved; but suggested to the Commission to con- sider A-P zoning which would allow for the development of the ATM facility, but would limit commercial development uses should the bank not complete the proposed development and sell the property to another developer. Chairman Behling asked when the closing of Puryear was anticipated in that area. City Engineer Ash reported this is a project that has. been under planning and consider- ation for quite a period of time but has not been presented to the City Council at this time. The Public Hearing was opened. Mr. Mervin Peters, representing City National Bank, spoke in favor of the rezoning. He stated the bank had presented a letter to the City Commission stating the request for C-1 had been made primari y because they felt it was the only zoning which would allow develop- ment of the ATM facility. He further stated their satisfaction with any zoning which would allow development of the facility as proposed and also stated their letter clearly states that should the lot be rezoned C-1 and not developed by the bank, they would then return the matter to the City so the. zoning could be removed before any sale of the property or other development was considered: Mr. Peters further outlined traffic flow figures from other similar facilities, and stated there was no way to pinpoint these same percentages to the proposed development, but felt the figures demonstrated there would not be a heavy density of conflicting traffic flow generated by the ATM facility. Commissioner Gardner asked if the percentages and traffic generation figures represented one certain bank. Mr. Peters stated the figures represented-the activity at one ATM machine located at Gulfgate and he was uncertain if the facility was a walk-up or drive-up. Commissioner Gardner expressed concern that these figures would .not apply~to the faejlity proposed by City National Bank. Mi~`nutes Page 3. Planning & Zoning May 7, 1981 Mr. Peters stated they believed the prime time usage was understated in the report as presented. His belief is there will be much greater use of the facility on the weekend, but stated there .was no way of documenting that statement. The Public Hearing was closed. Commissioner Hazen stated her concern over rezoning the tract to A-P and allowing the 24 hour facility to be developed in relation to future small tracts which might fall under the .same type of rezoning request,. but would be in a location where a 24 hour service concept was not acceptable. She. was concerned about establishing a precedent for future cases in the A-P zoning. Mr. Callaway commented_that_there might be reason for `future revision of the present A-P classification but this should be a separate issue. Chairman Behling stated he felt the specific use might be something which would be considered individually in each area. He stated his agreement with staffs' recom- mendation not to rezone this tract at C-1. Commissioner Fleming asked if development of an undesirable business could be stopped. b Mr. Callaway answered that i'f a proposed developer's site plan was approved, then they would be able to use it for whatever business development was allowed by C-1 zoning. Commissioner Ha ll asked if the potential traffic impact had been studied. Mr. Ash stated he felt there will not be that much change in the traffic flow generated by this facility. Commissioner Hazen moved for approval of rezoning this tract to A-P as re commended; second to the motion was given by Commissioner Gardner and the motion was unanimously approved. AGENDA ITEM N0. 5, Case No. 81-223, Consideration. of a Final Plat - resubdivision of a portion of Block D, Culpepper Plaza. Director of Planning Mayo explained this as being a request to resubdivide the west portion of Block D - .Culpepper Plaza. He stated there were questions about drainage problems in this area which would be explained by the City Engineer. Mr. Ash stated that at the time development of Greenwood Apartments began there was great concern about the drainage in the area which borders the proposed ATM facility on two sides and which involves the 100 year flood plain. At that time, the developers were requested to address the drainage problem. Plans were submitted by the project architect which proposed sub-surface drainage, and these plans were approved by the City. A $50,000.00 letter of guarantee was furnished by City National Bank. .The construction has not taken place .and the City is very concerned since the drainage problem has not been addressed. The proposed new construction will cover the area with cement and create and extreme runoff problem. .The channel could be lined, or the subsurface drainage into the channel would be `a satisfactory soliution. Commissioner Hazen asked since there was a letter of guarantee, why wasn°t the drainage ___ problem addressed. Mr. Ash stated the tremendous growth rate being experienced and the constant flow of plats and plans caused this oversight to happen and the letter of guarantee was not acted upon. Minutes Page 4. Planning & Zoning: May 7, 1981 Commissioner Hazen asked if the letter of guarantee was issued by a local bank. ^~ Mr. Ash stated that it was signed by Mr. Mervin Peters of City National Bank. He further stated the tract needed to be developed according to the plans which were sub- mitted and approved by the :City. The Public Hearing was opened. Chairman Behling asked Mr. Kling, developer for the project, if he had any suggestions which might be the answer to this problem. Mr. Kling stated Mr. Ash's two suggestions, either line the channel or sub-surface drainage were the two obvious solutions. Mr. Peters stated the bank's ownership was of the property proposed for development, but their ownership did not include the easement. He further stated the letter of guarantee had expired and'the original developers had experienced financial problems., had filed bankruptcy and tfiere were no longer sufficient assets available to the bank to support the letter of guarantee. Chairman Behling stated the City would-not want this to be a drainage easement it would have to maintain. Mr. Peters stated they could construct the facility in such a way. that access by the City would be assured or the project could be designed so that run-off would be to the front. The Public .Hearing was closed. Mr. Ash commented that it is a recognized .drainage easement and if the City wants to get anything done about the drainage, the time to do it is now, or not subdivide the tract. Commissioner Kelly stated :his agreement with. Mr. Ash and recommended the decision about who is going to handle the problem be addressed. Commissioner Hazen-asked if the item could be tabled. Chairman_Behling stated that as one way to handle the matter, but stated his preference to leave it to be worked out with the project engineer and staff. Mr. Ash stated if the Planning & Zoning Commission wished to table the item, he would set up a meeting for next week with the developers to determine the best solution. Commissioner Kelly moved the item 6e tabled; second was given by Commissioner Hazen and the motion was unanimously approved. AGENDA ITEM NO 6, A public hearing on the question of adopting an ordinance amending the Zoning Ordinance No 850; creating a new Commercial District, District C-3. Mr. Mayo .presented the amendment which represents the work of many months in attempting to solve the problem of rezoning for smaller commercial tracts. By creating a C-3 zone. there would be 'a level between A-0 and C-1 (the general commercial catch all zone) which would allow commercial development on smaller tracts, but would eliminate the problems .created when these smaller tracts are zoned C-1 and then not developed as proposed. He referred the Commissioners to the proposed list of uses recommended by staff to be approved in C-3 and also indicated this zoning might be suitable for development of service station facilities which have always posed a problem.