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HomeMy WebLinkAboutMinutes staff recommends approval of this request as it represents an adjustment in area zoning boundaries and is consistent with existing and planned uses for the area. P&Z ACTION: On 5-7-87 the Planning & Zoning Commission voted (4-1) to recommend approval of this request. P&Z MINUTES: AGENDA ITEM NO.5: 87-104: A public hearing on the question of rezoning Lot 1 Block 20 Ponderosa Place (3800 Texas Avenue) from C-l General Commercial to C-2 Commercial Industrial. Applicant is Kent Moore. Owner is John Raykovich. Mr. Callaway explained the request, and located the subject lot in the Ponderosa Place subdivision, which is the location of the former Ray Mart business. He identified area zoning and land uses, described the site and stated the Land Use Plan shows this area to be commercial, therefore both the current and requested zoning are in compliance with the comprehensive development plan. He continued stating that because the requested zoning district currently abuts this lot on 2 sides, staff recommends approval of the request as it represents an adjustment in area zoning boundaries and is consistent with existing and planned uses for the area. He went on to point out that the proposed zoning district would not cause an increase in intensity of uses since the former user, Ray Mart, reached C-2 uses in some departments. The public hearing was opened. Kent Moore, 8705 Greenleaf came forward, identified himself as the applicant and stated that Mr. Callaway had explained the request well, and added that basically he is planning to move his business a short distance to the east. He offered to answer any questions the Commission might have. Bob Pottberg came forward and stated that he lives at the Ponderosa Motel, which is adjacent to the subject tract, and that he opposes this proposal because of the adverse impact the chemical odors from this C-2 industry will have on his business as it relates to providing a good atmosphere for sleeping and eating. He stated that there is already some chemical smell which reaches the motel from the existing location of the business, and to move it closer would make it all the more noticable., He stated that in his opinion, this type of manufacturing business belongs in an industrial park. Mr. Kaiser pointed out that the land adjoining the motel property to the south and to the west is already zoned C-2, and Mr. Pottberg replied that there isnoC-2 zoning from his property north to University Drive. He stated that he thinks the chemical smells from this business, if it is any closer to his property, could ruin his business. Mr. Stewart asked him if any of his customers now complain about the smell, wld Mr. Pottberg replied that they ask what the smell is, and they also make comments regarding the gas smell that comes from the filling station across the street. Mr. Stewart asked Mr. Moore what kind of glues and chemicals were used in his business and Mr. Moore replied that the smell is probably lacquer, as that would ,be the only thing which would go into the air. He added that his spray operation is filtered. Mr. Kaiser asked Mr. Moore if he is under any kind of pollution control and Mr. Moore stated that he probably is, but has never had contact with an agency. Mr. Wendler asked Mr. Moore if he would care to address Mr. Pottberg's objections and Mr. Moore stated that he does not see how denying this request can help the motel's problem, as the land adjacent to the motel property is already zoned C-2 and all the permitted uses listed in the zoning ordinance could be developed on that property. No one else spoke. The public hearingwas closed. Mr. Kaiser asked Mr. Callaway to list the ~ifferences between C-I and C-2 uses and Mr. Callaway complied, adding that basically C-I uses are service oriented whereas C-2 uses include those, plus others including machine shops, welding shops, etc. Mr. Brochu stated that a valid point has been made regarding the fact that this business now exists in the same area, and, he does not know if moving it this short distance would cause any additional smell. He stated that he has sympathy with Mr. Pottberg, but would point out that some C-I uses could be just as offensive to many people as C-2 uses, and cited food odors as an example of one that is offensive to many people. Mrs. Sawtelle once again reminded the Commission that it should be considering the zoning district and all possible uses, and not a specific use. Mr. Kaiser stated that he agrees, and by looking at an existing zoning map, this requested rezoning if approved would unify this tract with the existingC-2 tracts, and there would be a buffer in the form of a street between C-2 and C-l uses. He added that there are different conditions concerning this request than were present at the previous agenda item. Mr. Stewart agreed, and added that there is also an existing facility on this lot which makes it different from developing raw property. Mr. Wendler stated that in this case we have a request from a current property owner who already has an interest in this community. Mr. Brochu stated that he simply does not believe this would intensify a problem. There was no more discussion and Mr. Stewart made a motion to reconooend approval of this request. Mr. Brochu seconded the motion which carried by a vote of 4-l (Wendler against).