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HomeMy WebLinkAbout01/19/1978 - Minutes - Planning & Zoning Commission,- MINUTES Planning and Zoning Commission Meeting January 19, 1978 7:00 P.M. MEMBERS PRESENT: Chairman Stover, Commissioners Bailey, Mathewson, White, Burke, Etter, Sweeney; Council Liaison Gardner; City Planner Mayo; City Engineer Ash; Community Development Planner Callaway; Planning Assistant Longley MEMBERS ABSENT: VISITORS PRESENT: None See guest register Agenda Item No. l -- Approval of minutes of meeting of December 15, 1977. Commissioner Mathewson 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 uestion of rezoning all of Lot 15 of the Lakeview Acres Addition located on Morgan's Lane from Single Family Residential District R-1 to General Commercial District C-1. The application is in the name of Mr. and Mrs. Ervin L. Busse. The public hearing was opened. Mr. Mayo noted that Morgan's Lane would have to be improved by a petition paving program. He suggested that the owners of the property in question and the owners of the proposed Green Acres Mobile Home Park might get together to do this. No one spoke for or against the rezoning. The :public hearing was closed. Commissioner Mathewson stated that he was reluctant to grant C-1 zoning because the storage facility could eventually be converted to many different uses. He also pointed out that this would create a commercial use located on a sub- standard road 600 feet from Texas Avenue. Commissioner White noted that the Commission had been concerned with eliminating spot zoning and that this rezoning represented spot zoning. Commissioner Mathewson moved that the Commission recommend denial of the requested rezoning for the following reasons: • 1. The substandard condition of Morgan's Lane 2. The proposal was not in compliance with the Comprehensive Plan. 3. The property is located 500 feet from Texas Avenue with its only access from a substandard street. 4. There is no commercial conditional use permit requirement to insure the use of the property. The motion was seconded by Commissioner Etter. MINUTES, Planning and Zoning Commission Meeting January 19, 1978 7:00 P.M. Page 2 Commissioner Mathewson stated that if Morgan's Lane were improved and a conditional use permit requirement for commercial projects were in effect, he might feel more favorably toward the request. Commissioner Mathewson's motion was unanimously approved. Agenda Item No. 4 -- A public hearing on the question of granting a conditional use permit for the operation of a fraternity house located at 418 College Main. The application is in the name of Alpha Gamma Rho Fraternity. The public hearing was opened. Mr. Mayo noted that the fraternity was in the process of purchasing an adjacent vacant lot for use as a parking lot. Mr. Raymond Sis stated that the fraternity had an earnest money contract to purchase the vacant lot and that this lot would provide them with ample parking space. . Commissioner White asked what provisions had been made for expansion of the fraternity membership. Mr. Sis advised that they also had an earnest money contract on a house located on an adjacent lot, and that if the membership increased, they would also buy this house. The public hearing was closed. Commissioner Mathewson suggested that issuance of an occupancy permit require proof of purchase of Lot 3 for use as a parking area... Mr. Mayo suggested that this be made part of the motion. Commissioner Burke asked what the proposed membership would be. Mr. Sis replied that the maximum membership would be 24, but that for the next year it would be only 12. He advised the Commission that if the membership increased to more than 12, they would purchase the adjacent house for use by their members. Chairman Stover asked what the fraternity planned to use as a surface for the parking area. Mr. Sis stated that they intended to use gravel. Commissioner Mathewson moved that the use permit be granted on the condition that Lot 3 be purchased as a parking area and that the parking area be surfaced so as to meet the approval of the City Engineer. The motion was seconded by Commissioner Burke. Commissioner Sweeney asked if any provision had been made for sidewalks.. The Commission asked if a site plan ahd been provided. Mr. Sis stated that he was unaware of the need for a site plan. MINUTES, Planning and Zoning Commission Meeting January 19, 1978 7:00 P.M. Page 3 Commissioner Mathewson withdrew his motion and Commissioner Burke her second. Commissioner Mathewson moved that the request be tabled so that a site plan including property line, existing structures, proposed parking area, garbage facilities, landscaping, sidewalks, etc. could be prepared. The motion was seconded by Commissioner Burke and unanimously approved. It was the consensus of the Commission that they were in favor of the fraternity use permit, and that the action to table was taken so that the details discussed could be shown on a site plan and kept for record. Agenda Item No. 5 -- Reconsideration of the rezoning of several tracts of land bounded by or adiacent to Southwest Parkway, Welsh Avenue, F.M. 2818 and F.M. 2154 as recommended by the Planning and Zoning Commission. Mr. Mayo explained that the item had been sent back to P&Z by City Council for two reasons: 1. The owners of Tract 112 had asked for time to prepare a presentation. 2. The petitioners felt that the Commission had not looked at the area as a whole. Mr. Mayo pointed out that this situation had been under study for five months and suggested that this had been ample time for a presentation to have been prepared by any of the property owners. He also noted that the rezoning had been studied at length by both the entire Commission and a subcommittee. He stated that the entire area had, indeed, been studied and that dividing the area into tracts had been done to help meet the legal requirements of any resulting rezoning ordinance. Commissioner Bailey pointed out that the Commission had also spent over a year revising the Comprehensive Plan which included the area in question. Chairman Stover stated that one of the main points of disagreement would be Tract 163 which had been left zoned R-6. Commissioner Mathewson stated that he felt sure the owners had understood that the Commission's actions had not assured approval of any site plan of over 24 units per acre. Mr. Ken Schick, owner of Tract 163, stated that his firm had put approximately 10 months of planning into their proposed project. Mr. Stover pointed out that no plans for the project had been presented to the Commission and that only a site plan had been shown to the staff. Councilman Gardner stated that he was concerned about Tract 163 heing left zoned R-6, and that the large areas zoned A-0 left them in doubt. Mr. Gardner suggested that a committee of the various groups involved be established. i!I!' Commissioner Mathewson pointed out that the Commission's recommendations were in accordance with the Comprehensive Plan. He stated that the proposed zoning represented an even lower density than was shown on the Comprehensive Plan. MINUTES, Planning and Zoning Commission January 19, 1978 7:00 P.M. Page 4 Mr. Mathewson noted that Tract 52 which had been recommended as A-0 had very serious development problems and to zone the property for a specific use might make it impossible to develop it as zoned. Commissioner Bailey stated that the A-0 zoning would put the owners on notice that any development would require any comprehensive planning. Commissioner Mathewson moved that the recommendations made by the Commission at the meeting of December 15, 1977 be sent back to City Council unchanged. The motion was seconded by Commissioner Bailey. Mr. B. F. Delamater stated that he agreed with Councilman Gardner and presented data supporting the downzoning of property along Southwest Parkway to Single Family or to Townhouse Residential. He stated that data prepared by T.T.I. personnel indicated that the proposed zoning might put as many as 3300 cars on Southwest Parkway. Commissioner Burke stated that the subcommittee which studied the problem had, indeed, considered the area as a whole. Mrs. Patricia Bouten, Leona Street, stated that her main concern was the A-0 tracts. Mr. Stover suggested that giving Tract 52 a specific zoning would be virtually designing the development. Commissioner Mathewson pointed out that A-0 zoning was even better than R-1 because development would require a rezoning. Mr. W. E. Benton, Leona Street, stated that he was concerned about possible high density development along Southwest Parkway. He suggested that Southwest Parkway was "unbalanced" with all of the apartment land on the west end. Commissioner Mathewson stated that he felt the Commission's recommendations were in accordance with the comments of Mr. Benton. fir. Stover noted that the Commission would face legal problems if they were to recommend R-1 zoning along Southwest Parkway because the Comprehensive Plan showed the area in medium density residential. Mr. Richard Meyer, of Leona Street, spoke in support of Mr. Benton's statements. Commissioner Mathewson moved to call the question. The motion to call the question was unanimously approved. The motion to return the Commission's recommendations to Council was approved by the following vote: FOR --- Commissioners Mathewson, .Bailey, White, Etter AGAINST --- Commissioners Sweeney, Burke Commissioner Sweeney stated that he felt recommending the A-0 zoning was avoiding the issue. Commissioner Burke stated that she was in favor of the subcommittee's first recommendation of R-1, R-2 and R-4 zoning for Tract 52. MINUTES, Planning and Zoning Commission January 19, 1978 7:00 P.M. Page S Agenda Item No. 6 -- Consideration of a revised master preliminary plat - Timber Ridge Addition, located between Dominik Drive, Merry Oaks Drive, Harvey Road, and Munson Avenue. Mr. Mayo explained that the plat had been revised to show Mr. Kozik's lots and the realignment of Forest Lane. Mr. Kozik stated that he agreed with the platting but was still seeking assurances from the developer of the rest of the property. Commissioner Mathewson noted that the Bruce Fisher tract could never be sold because it had no street access. A representative of the developer stated that this had been Mr. Fisher's wishes. Mr. Ash advised that the right=of-way of Forest Lane should be dedicated to the back of the Fisher tract rather than leave the small, unowned piece of property. Mr. Gardner asked Mr. Kozik if he would grant a pedestrian easement along the side of Lot 12. Mr. Kozik advised that he would consider this. Commissioner Mathewson moved that the plat be approved on the condition that the right-of-way for Forest Lane be extended to the back line of the Bruce Fisher property. The motion was seconded by Commissioner Sweeney and unanimously approved. Agenda Item No. 7 -- Other business. Commissioner Mathewson stated that he felt the reference by Mr. Delamater to an official T.T.I. report on the traffic loal on Southwest Parkway was unfair because it had not been presented to the Commission and was not an official T.T.T. project. Mr. Stover suggested that he would contact Mr. Delamater and try to get a copy of the report. Mr. Stover suggested that if the Commission were to have to prepare detailed technical reports for the Council and the public, the size of the planning staff should be increased. Mr. Ash stated that until the City .Hall annex was completed, space would be a problem. Commissioner Mathewson moved that the Commission request Council to hire additional staff members in the planning and engineering departments at the most appropriate time in order to provide technical report support to the Commission and the City Council. ,, The motion was seconded by Commissioner Burke and unanimously approved. The Commission discussed the problem of the fraternity not having a site plan. ~~ Commissioner Mathewson moved that the Commission not consider any use permit ~_ _- r I~ MINUTES, Planning and Zoning Commission January 19, 1978 7:00 P.M. Page 6 request unless a proper site plan was submitted to staff for inclusion in the agenda packets. The motion was seconded by Commissioner Bailey and unanimously approved. Commissioner Mathewson discussed the concept of small, undevelopable pieces of property, usually along creeks and drainage areas being given to the City by the developers and left totally undeveloped. He suggested that this might count as much as one-half of the required park dedication. Agenda Item No. 8.-- Adjourn. Commissioner Burke moved that the meeting be adjourned. The motion was seconded by Commissioner Bailey and unanimously approved. The meeting was adjourned. APPROVED Chairman r ATTEST Secretary i•