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HomeMy WebLinkAbout04/06/1978 - Minutes - Planning & Zoning CommissionMINUTES Regular Planning and Zoning Commission Meeting ~ April 6, 1978 7:00 P.M. MEMBERS PRESENT: Chairman Stover; Commissioners Etter, Mathewson, Bailey, Burke, Sweeney; City Planner Mayo, Community Development Planner Callaway, Design Engineer Fees MEMBERS ABSENT: None Agenda Item No. 1 -- Approval of Minutes - meeting of March 16, 1978. Commissioner Sweeney moved that the minutes be approved as presented. The motion was seconded by Commissioner Etter and unanimously approved. Agenda Item No. 2 -- Hear visitors. No one spoke. Agenda Item No. 3 -- A public hearing on the question of granting a Conditional Use Permit for the construction of a sorority house project to be located between Munson Avenue, Dominik Drive and University Oaks Drive. City Planner Mayo pointed out the location and intent of the proposed project. He pointed out that a protest petition from residents in the area had been received. He noted that, due to this petition, any positive action of the Commission would have to be appealed to the City Council. The public hearing was opened. Mr. Don Martell, applicant, stated that the ultimate development of the property would be for nine sorority houses. He stated that he planned to build a screen fence along Munson Avenue to screen the parking areas. Commissioner Bailey asked how many people would be living in each house. Mr. Martell stated that each house would hold a maximum of twenty persons in ten bedrooms. He also stated that no on-street parking would be allowed. Mr. Lane Stephenson, 1202 Dominik, spoke in favor of the requested permit. Mr. Mayo stated that he had received a call from the resident of the house at the corner of Munson and Dominik. She had told him that she would not be opposed to the project if a twenty foot setback was provided between her property line and the nearest sorority house. Mr. Martell stated that this would pose no problem. Commissioner Matheson asked if the sororities were regulated by the University. Martha Hurley stated that the sororities were not recognized by the University but that the sororities had established high standards for their members. Mr. Res Darnell spoke in opposition to the request. Mrs. Dowell, Gilchrist Street, spoke in opposition to the requested use permit. _.. MINUTES, RegularPlanning and Zoning Commission Page 2 April 6, 1978 7:00 P.M. Mrs. Fredda Kozik, 1010 Dominik, spoke in opposition to the request. Mrs. Elenor Cox spoke in opposition to the request. Mr. John Priscella spoke in opposition to the request. Mr. Martell noted that under the existing R-6 zoning, he could build up to 40 units of apartments per acre. Ms. Mary White spoke in favor of the request. Mr. Darnell stated that he would rather see apartments built on the tract than the sorority houses. The public hearing was closed. Commissioner Mathewson thanked Mr. Martell for his truthfulness in explaning that he planned to build nine houses. He suggested that a screening fence should be built along Dominik as well as Munson Avenue. Commissioner Etter suggested that the parking areas might be insufficient for nine sorority houses at their peak hours. Commissioner Burke stated that she would have to abstain from the vote due to her membership in one of the sororities involved. Commissioner Mathewson moved that a use permit for the three sorority houses as shown be granted with the understanding that the potential for six additional houses exists and that appropriate screening along Munson, Dominik, and University Oaks be provided, and that the developer reserve overflow parking space on the University Oaks side of the project pending the ultimate development of the property. The motion was seconded by Commissioner Sweeney. Commissioner Mathewson stated that he felt approval of the first three units would show the Commission's intent to support the development of the other six houses on the property. Commissioner Etter stated that he objected to this implication. The motion to grant the permit was approved by the following vote: For: Chairman Stover; Commissioners Mathewson, Sweeney, Bailey Against: Commissioner F.tter Abstaining: Commissioner Burke Agenda Item No. 4 -- A public hearing on the question of rezoning a 1.599 acre tract located at the southwest corner of Holleman Drive and Anderson Street from Single Family Residential District R-1 to Townhouse - Rowhouse District R-3. City Planner Mayo described the location of the property and the surrounding land uses and zoning. MINUTES, Regular Planning and Zoning Commission Page 3 April 6, 1978 7:00 P.M. Mr. Mayo noted that the developer proposed to build one more unit than could be built if the property were developed into single family residences. He also pointed out that access would be from the rear of the units thus limiting the number of curb cuts on Holleman and reducing the traffic problems at the intersection of Holleman and Anderson. The public hearing was opened. Mr. J.W. Wood, applicant, presented his proposed development plan. Mr. Mike Fleming, 1411 Antone, spoke against the rezoning. He stated that this rezoning would encourage apartment rezoning and development on nearby vacant tracts. Chairman Stover pointed out that the proposed project would offer a better solution to problems of access on Holleman than nine single family houses with individual driveways. Mr. Victor Hill, 1410 Antone, spoke in opposition to the rezoning. Mr. Clarence Boles, 1409 Antone, spoke in opposition to the rezoning. Mr. Don Salisbury, 1413 Antone, stated that a visual and sound screen should be placed between the proposed driveway and the adjacent property. Mr. Tom Goodwin, 1415 Antone, asked whether the units would be one or two story. Mr. Wood stated that the units would be two stories but that the roofs of the garage units would be tall enough to prevent residents of the townhouses from looking into the yards of the adjacent residences. Valarie Goodwin, 1415 Antone, spoke in opposition to the rezoning. David Smith, 1413 Antone, spoke in opposition to the rezoning. Commissioner Mathewson pointed out that if the property were rezoned to R-3, a conditional use permit and site approval would be required for any proposed project. Ms. Susan Smith, 1417 Antone, asked what the sale value of the townhoses would be. Mr. Wood replied that the units would sell from the mid forties to the low sixty thousand dollar range. Mark Chittendon, 1404 Sunny Court, spoke in opposition to the rezoning. Joyce Woods, 1303 Holleman, spoke against the rezoning. Terry Rippart, 1412 Antone, spoke in opposition to the requested rezoning. Mr. Sidney Garrison spoke in opposition to the request. Mr. Rollin Smith, 1006 Holik, spoke in opposition to the rezoning. Mrs. Cynthia Snell, 1404 Village, spoke in opposition to the rezoning. The public hearing was closed. MINUTES, Regular Planning and Zoning Commission April 6, 1978 7:00 P.M. Page 4 Commissioner Mathewson suggested that the question be tabled in order to allow Mr. Wood to meet with the residents and attempt to reach an agreement. Mr. Wood stated that he would be glad to meet with the residents. Commissioner Mathewson moved that the request be tabled so that the developers could attempt to reach an agreement with the protesting residents. Mr. Mayo suggested that it was unreasonable to expect the developers and residents to reach an agreement on the zoning of the property. Commissioner Mathewson stated that he felt it would be to the advantage of all the persons involved if an attempt were made to reach an agreement. The motion to table was seconded by Commissioner Sweeney and unanimously approved. Commissioner Mathewson moved that the area involved be sent to the Land Use Sub- committee for their consideration of a possible revision to the Comprehensive Plan. Chairman Stover suggested that most of the property in the area was allready devel- oped. Commissioner Mathewson agreed to act as Chairman of the Land Use Subcommittee. The motion was unanimously approved. Agenda Item No. 5 -- A public hearing on the question of granting a Conditional Use Permit for the construction of an apartment project to be located on an extension of Holleman Drive approximately 1700 feet west of Wellborn Road. The application being in the name of Edsel Jones. Mr. Mayo described the location of the property and noted the deliberations of the P.R.C. The public hearing was opened. Mr. Edsel Jones presented his development plans for the proposed project. The public hearing was closed. Commissioner Mathewson moved that the use permit be granted. The motion was seconded by Commissioner Sweeney and unanimously approved. Agenda Item No. 6 -- Consideration of a preliminary plat - Holleman Ridge located at the southwest corner of Holleman Drive and Anderson Street. Commissioner Burke moved that the plat be tabled until the question of the zoning of the property had been resolved. The motion was seconded by Commissioner Bailey and unanimously approved. Agenda Item No. 7 -- Consideration of a preliminary plat - Resubdivision of Lot 8, Lakeview Acres located at the southeast corner of the intersection of Texas Avenue and Miller's Lane. Mr. Mayo explained that additional right-of-way for the extension of F.M. 2818 might MINUTES, RegularPlanning and Zoning Commission Page 5 April 6, 1978 7:00 P.M. be required on the north side of the tract. He suggested that, due to the add- itional right-of-way required, the two commercial lots should be combined into one lot. Mr. Wik McKean, developer, stated that his proposed building and parking area had been designed in accordance with the Highway Department's plans for the intersection. He noted that the plat did take into account the required right- of-way for F.M. 2818. Chairman Stover suggested that lots 1 and 2 should be combined and the commer- cial property made larger. Mr. McKean pointed out that Lot 3 was now zoned single family. Commissioner Mathewson suggested that a master development plan for the entire tract (Lot 8) be prepared. Mr. McKean asked if any problems would be encountered in rezoning the remainder of Lot 8 to general commercial. The Commission advised that this would depend mostly on the overall plan for the property and the reaction of the surrounding property owners. Chairman Stover suggested that the plat be tabled until a plan for the development of all of Lot 8 could be prepared. Commissioner Sweeney moved that the plat be tabled. The motion was seconded by Commissioner Mathewson and unanimously approved. Agenda Item No. 8 -- Consideration of a Preliminary Plat - Village Place located on the southwest corner of the East Bypass and Harvey Road. Mr. Mayo noted that Scarlett O'Hara Drive could not be located as shown on the proposed plat. He suggested that Scarlett O'Hara either be moved to the west or eliminated, Mr. Bucky Wolford presented a development plan for the proposed shopping mall. He stated that the proposed mall would include four major department stores of about 100,000 square feet each and a total of about 700,000 square feet under the mall. He also stated that the developers would need variances to the requirement of sidewalks along Harvey Road and the East Bypass and to the requirement of street lights along these streets. The Commission discussed the possible need for a sidewalk along Holleman Drive in the area of this plat. Commissioner Mathewson moved that the preliminary plat be approved with the under- standing that the location of Scarlett O'Hara Drive would be worked out with the City Planner and the City Engineer. The motion was seconded by Commissioner Sweeney and unanimously approved. The Commission decided to delay final decisions on sidewalk location until a final plat was submitted. MINUTES, Regular Planning and Zoning Commission Page 6 April 6, 1978 7:00 P.M. Agenda Item No. 9 -- Consideration of a preliminary plat - Foxfire Phase 3. Project Engineer Jerry Bishop noted that the County had required percolation tests to be done in the area of the proposed lots. Commissioner Bailey moved that the plat be approved. The motion was seconded by Commissioner Burke and unanimously approved. Agenda Item No. 10 -- Reconsideration of a final plat - Tinsley Square Addition. City Planner Mayo advised the Commission of the action taken by the City Council. He noted that the previous action of the Council had not been to grant Tinlsley's a curb cut on Texas Avenue, but was rather, to deny two curb cuts. The Commission discussed the proposed site development plan with Mr. Tinsley and Mr. Larry Hood, Vice President of Tinsley's, Inc. Commissioner Mathewson stated that he would like to see a street dedicated between the Tinsley tract and Don Dale's property in order to facilitate the futur development of the rest of Pooh's Park. He suggested that the entire property be planned and platted. Mr. Tinsley pointed out that the question of the road and plat of Pooh's Park involved Mr. Dale's property over which Tinsley's had no control. Commissioner Mathewson stated that no subdivision could exist until a plat was approved and that Tinsley's and Don Dale actualy had a divided intrest in the land until the plat was approved. Chairman Stover added that the Commission had often, in the past, asked Mr. Dale to prepare a plat of his property which would have included the tract now in question. He pointed out that, had this plat been prepared and approved, no problems such as Tinsley's was now having would exist. Commissioner Mathewson suggested that, if the road into Mr. Dale's property were provided, the Tinsley curb cut on Texas Avenue could be modified to function as a "right turn - exit only". Mr. Tinsley stated that they had complied with all requests of the City and asked that his plat be approved. Commissioner Mathewson pointed out that, according to the Subdivision Ordinance, Mr. Dale still owned the property in question since the tract had been sold with- out a plat having been filed. Mr. Tinsley stated that,if the street into Mr. Dale's property were ever built, he would take his access from it and change the curb cut on Texas as requested by the City. Mr. Mayo pointed out that the Fire Marshal was concerned that no designated "Fire Lane" into Don Dale's property had ever been provided. He advised that in case of a fire on the back part of the site, access to the fire could be blocked. Commissioner Mathewson moved that the plat be approved with a note stating that in the event a street along the south property line were ever built, access to the Tinsley property would be taken from this street and that the existing curb cut on Texas Avenue would be modified. MINUTES, Regular Planning and Zoning Commission April 6, 1978 7:00 P.M. Page 7 The motion was seconded by Commissioner Bailey and approved with Commisioner Etter abstaining. Agenda Item No. 11 -- Other business. There was no other business. Agenda Item No. 12 -- Adjourn. Commissioner Bailey moved that the meeting be adjourned. The motion was seconded by Commissoner Mathewson and unanimously approved. APPROVED Chairman ATTEST Secretary