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10-01-1990 (Planning & Zoning) Agenda Packet Posted: 2:00 PM September 28, 1990 AGENDA REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF WYLIE , TEXAS MONDAY, OCTOBER 1 , 1990 7:00 P . M . COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 5 Consider approval of minutes of the September 17 , 1990 meeting 2 6 - 10 Conduct Public Hearing for zone change from "R" , Retail , to "B-2" , Business-2 , at 2300 Hwy . 78 N , Blk 2 Tract 1900 of F . De La Pina Survey as requested by L . Kinzer . 3 Consider recommendation to City Council for a zone change from "R" , Retail , to "B-2" , Business-2 , at 2300 Hwy . 78 N , Blk 2 Tract 1900 of F . De La Pina Survey as requested by L . Kinzer . 4 11 - 14 Conduct Public Hearing for zone change from "A" , Agricultural , to "PD" . Planned Development , of part of 30 acre tract of land located in the E . C . Davidson Survey , Abst . 266 as recorded in Vol . 671 , Page 720 of the Collin County Deed Records as requested by Mark Kerstein . 5 Consider recommendation to City Council for a zone change from "A" , Agricultural , to "PD" , Planned Development , of part of a 30 acre tract of land located in the E . C . Davidson Survey , Abst . 266 as recorded in Vol . 671 , Page 720 of the Collin County Deed Records as requested by Mark Kerstein. 6 15 - 16 Consider recommendation to City Council for Preliminary Plat of Oak Ridge Addition . 7 Adjourn PLANNING AND ZONING MEETING MINUTES SEPTEMBER 17 , 1990 The City of Wylie Planning and Zoning Commission met in regular session at 7:00 p .m . on Monday , September 17 , 1990 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law . Those present were Chairman Bart Peddicord , Vice Chairperson Cecelia Wood , Richard Eckman , Bobby Jennings , Cleo Adams , Robert Flint and Kent Crane . Staff members present were Director of Community Development and Planning Ed Richie and Secretary Sandy Stevens . CONSIDER APPROVAL OF MINUTES OF THE AUGUST 20 . 1990 MEETING . Chairman Bart Peddicord corrected the third sentence of the fifth paragraph on the second page to read "Chairman Peddicord said the comments made by the members were not repeatable and he felt they were opposed to any Landscape Ordinance" . Bobby Jennings made a motion to accept the minutes as corrected . Cleo Adams seconded the motion . Motion carried with all in favor . CONDUCT PUBLIC HEARING FOR ZONE CHANGE FROM "SF-3"_, SINGLE FAMILY-3 . TO "0" , PROFESSIONAL OFFICES AT 301 N . BALLARD. LOTS 13 , 14 , 15, BLOCK 3 OF THE BROWN & BURNS ADDITION AS REQUESTED BY THE BIRMINGHAM LAND BOARD TRUST . Chairman Peddicord opened the Public Hearing asking for anyone present to speak in favor of the zone change to state their name and reason for being present . Mr . Bill Lewis stated he is the Executive Director of the Birmingham Land Board Trust . He said the Board wants to put their low impact Professional Office at the location . Mr . Lewis displayed a chart showing the neighborhood of the house , with all propertyowners in favor of the zone change marked in green and those opposed marked in yellow . Vice Chairperson Wood asked Mr . Lewis how many property owners actually live in the neighborhood . Mr . Lewis pointed out seven residences on the chart where the owners live . Mr . Kent Crane asked if the Board has any intentions to lease out office space . Mr . Lewis said not at this time , but if they decide to do so in the future , it would be to no more than 2 or 3 other low impact offices . Vice Chairperson Wood asked Mr . Richie if there is anything they want to do that can 't be done with the Residential I zoning . Mr . Richie read a list of acceptable uses in a Residential zone . He added that they could not have the Land Board Office . Vice Chairperson Wood asked if they could have a museum with an office . Mr . Richie stated that they could . Mr . John Spillyards stated that he lives at 301 N . Jackson , two doors from the property and that he is in favor of the zoning . He added that it is across the street from other businesses and on one of the busiest streets in town . Mrs . Frances Stevens stated that she lives at 302 N . Ballard and is in favor of the zone change . She said the Land Board is made up of professional people who will use it for professional reasons . Chairman Peddicord asked for those present to speak against the zone change to state their names and reasons . Mr . James L . Parker said he lives at 306 N . Ballard . He stated that this is the fourth meeting he has attended and he is still against the rezoning to Professional Offices for the same reasons he stated before . Mr . Crane asked Mr . Parker if his opposition toward Professional offices is for preservation of the neighborhood or because of the way things happened . Mr . Parker replied for both reasons; he wants to see neighborhood remain as is and also because things were not handled properly . Mrs . Rita Smith stated she lives at 401 N . Ballard and is opposed to the zone change . She added that she bought her personal home in a Residential neighborhood and wants it to remain the same . Mrs . Smith said a need for a zone change needs to be shown before changing zoning in a Residential area and there is plenty of space available in the City without changing this zoning . She also added that zoning is to protect the property owners and sufficient reason nor need has been shown to change a beautiful building into offices . Mrs . Marie Dillehay said she lives at 307 N . Ballard and wants the area to stay Residential . Vice Chairperson Wood asked Mrs . Dillehay how long she has lived at her present address . Mrs . Dillehay replied she has lived at her current address for over fifty years and in the City of Wylie all her life . Mr . Jennings asked Mrs . Dillehay if the Land Board had corrected the problems she had stated at the last meeting . Mrs . Dillehay replied they had not . Mr . Lewis said the sprinkler heads had been changed that afternoon . Chairman Peddicord closed the Public Hearing . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF A ZONE CHANGE FROM "SF-3" , SINGLE FAMILY-3 , TO "0" , PROFESSIONAL OFFICES AT 301 N . BALLARD , LOTS 13, 14 , 15 , BLOCK 3 OF THE BROWN & BURNS ADDITION AS REQUESTED BY THE BIRMINGHAM LAND BOARD TRUST . Mr . Jennings stated that the Professional office zoning was not created for that house alone , but because Wylie needs such a zone . He added that the contingent of residents is the house should be sold and money put back in Land Board Trust . He said the best way to do this is to sell it as an office because it would be get more money than a residence . Vice Chairperson Wood stated this is not a P & Z Board or City Council concern to take on the Land Board 's financial problems and it should not affect their decision . She also added that rezoning Residential areas of the City without total approval of the residents does not indicate progress and the first obligation of the P & Z Board is to the citizens . She said this is setting a precedence for other Residential areas . She answered why let one little old lady hold up progress by saying that is what our City 's made of , people , not businesses , not boards and not people who live in Dallas . She added that if all the residents agreed with the change she would also . Mr . Robert Flint said it doesn 't matter how much money was spent , it is should not be a driving force in determining a zoning . He also said it 's bad to set a precedent of granting a zone change because someone has spent a lot of money before seeking the zone change . He stated that the majority of residents opposed to the change live right next door or across the street . Mr . Cleo Adams stated he does not understand why the zoning was not taken care of before time , therefore he agrees with Cecelia 's decision . Mr . Kent Crane stated this is a tough political issue and the P & Z Board members are not politicians . He added that while he disagrees with the method , and the way it was done; doing something and then later trying to work out the details , he is not called on to voice his opinion on this board , but to decide the highest and best use of the property . He added the political decisions should be left to the City Council because that 's their job . He stated that even though he is unhappy with how everything evolved , he feels the best use of the property is the Office zoning . Bobby Jennings made a motion to recommend approval to City Council to change the zoning of 301 N . Ballard from "SF-3" to "0" . Richard Eckman seconded the motion. The motion carried with a vote of 4-3 , with Chairman Peddicord and Kent Crane also voting in favor of . Vice Chairperson Cecelia Wood , Cleo Adams and Robert Flint voted against the motion . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF FINAL PLAT OF MARTINEZ ADDITION PHASE II . Mr . Jennings asked Mr . Richie if there were any significant changes since the last plat . Mr . Richie stated the only change was a minor move of a fire hydrant . Mr . Crane asked if the proposed businesses that would back Holiday Terrace would be required to have back screening . Mr . Richie answered they would , either at time of building permit or development stage . Mr . Crane asked if there was a road into it that would meet the City 's ingress and egress requirements and who would maintain it . Mr . Richie said there is a private access easement from Kirby that does meet the ingress and egress requirements . He added that it is a private easement so it is not the City 's responsibilty to maintain it . Mr . Crane asked if there has been any talk about changing F .M . 544 to go down Kirby . Mr . Richie replied no , that it goes down Ballard . Vice Chairperson Wood made a motion to approve recommendation to City Council the final plat of the Martinez Addition Phase II . Bobby Jennings seconded the motion . The motion carried with all in favor . DISCUSS AND CONSIDER RECOMMENDATION TO CITY COUNCIL IN REGARD TO ELIMINATION OF EXTRA TERRITORIAL JURISDICTION OF BRANCH PENINSULA AREA . Mr . Paul Tucker voiced several reasons for the residents of the Branch Peninsula asking to be deannexed from Wylie 's ETJ . Chairman Peddicord pointed out a letter received from Rob Dillard stating the city 's right to disannex or fix boundaries without notifying residents by enactment of an Ordinance by City Council . After much discussion of any legal ramifications , code enforcement , quality of development , and proof of injury to other property rights , Mr . Kent Crane made a motion to recommend to City Council to release from Wylie 's ETJ the the Branch Peninsula area . MR . Cleo Adams seconded the motion . The motion carried with all members in favor . ADJOURN . Meeting was adjourned with all members in favor . Bart Peddicord , Chairman Respectfully submitted , Sandy Stevens , Secretary TO: Members of Planning & Zoning Commission FROM: Ed Richie , Director of Community Development SUBJECT: Zone Change Requested by Lowry Kinzer This request is located across from the Municipal Complex and is presently zoned Retail . The proponent wishes to change to 8-2 in order to use it as a contractor 's storage yard . B-2 zoning is the least restrictive commercial zoning and allows a. variety of activities which might not be as image conscious as we like to see on Hwy . 78 . An alternative would be B-1 zoning with Specific Use for open storage , fenced . Staff does not feel that opening this area up to B-2 would have a positive impact on this area of the community . However because the area shows no near future potential , staff does recommend a B-i Specific Use Permit . L • APPLICATION TO III Board of Adjustment and Appeals (Building) ORDINANCE 83-15 . Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Planning and Zoning Commission ORDINANCE 81-5 NAME /64,...,R R4 f/,•I rn /iv 2 f=R • ADDRESS a3 G/c Olo 1-16-7 C 44ti<, C'Aei d c 7 ayc /j' , LOT BLOCK , S SUBDIVISION 0,/z,W ^ ° ° Z- "-//d d-/ eLO( � a rE4 7 /9'r0 F- OJ&La P/A/A $4 67' 23era Y ?8, w1/4,/E rpo--s BASIS OF APPLICATION: • I1 Interpretation 1 I Special exception for use or development Variance Rezoning ■ Exception to Building Code EXPLApTION: ,- /1/72 '&) (t) 0 he rt !("1 I), ' . _ t- "--;') — j' SIGNITURE of APPLICAN to — DATE • Must be accompanied by filing fee of >C ' Received. Date: f9 o • • 17 ♦ / 1 '. ,,i,.., , :: . . ..4.i ..,k )• +-t. t; rf Thy., • ... . 'B ,..,. aNIS 2 ,., .• . , 1 # \\ - & . z I 1 •O woo ss MI .i A • I P .P -- .1% ‘` w!, I TO�K�=..... .. w�`� • le ti ` // Cn. ...A.,L. B.. 2s.•.. MF g z RP 1-.- -. R .............. _, ki ,...,..,..• •FTLC4 rYr' CM 1_ STATE ME♦ TO Asir Asa. .04 AC ELVIM' Emoos r ' at . tr I •C a ..._ w1T YE. w..-f• �. 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II6co ' N 80' 65' ,. .. • 65' t �o• . ,2';` •�'E� YQ .,' , SHEPPARD} LAN REQUESTED ZONING CHANGE LETTER INFORMATION ZONING CHANGE REQUESTED BY .,_.,,_ QMO[.EINZEl _,.. ._�___ FROM "R" - RzrAIJ TO "B-2" - BUUNESS - 2 LOCATION 2100 HWY. 78 - DATE LETTERS SENT 9-21-90 P & Z MEETING 10-01-90 NAMES AND ADDRESSES OF PROPERTY OWNERS AFFECTED BY ZONE CHANGE: FOR _OPPOSE 1 .CENTENNIAL,.ARAPAHO, DEVELOPMENT VENTURE-5720 LBJ #6102DALLAS 75240 ___,_FOR OPPOSE 2 .80MEQ_A,_.MAgCDTIE: E- PALLAS 75218 FOR OPPOSE 3 .KATHARTNR_„ANLyEAyj11-1295_DEVON IRE-WYLIE _.._FOR __OPPOSE 4 ,EDDIE & PATSY MAYNARD-1203 DEVONSHIRE-WYLIE _ FOR OPPOSE 5 .RICHARD HEROD-1201 DEVONSHIRE-WYLIE -- FOR ..,:,.,.,..OPPOSE 6 .JEFFREY B. YOUNGBLOOD-505 SHEFFIELD-WYLIE ,_,,,_ _,FOR __OPPOSE 7 NEIL J. BROWN-503 SHEFFIELD-WYLIE _,_„wFOR OPPOSE 8 .CARL & SUE KILBOURN-501 SHEFFIELD-WYLIE FOR OPPOSE 9 NOLAN EUBANKS 3451 EUBANKS LANE-WYLIE .. .....,.w. ✓FOR ,,,,,,,,__OPPOSE 10.ARCHIE EUBANKS-1900`HWY.78-N.-WY1IE ........ . FOR OPPOSE 11 . FOR OPPOSE 12 . FOR OPPOSE 13 . FOR _OPPOSE 14 . FOR _OPPOSE 15 ._.___._....,...._... __. w_.,.__,... .. .. _,.._._ _,. .,,.__FOR ...,.,~.,.OPPOSE 16 ......, _.,._�.�.. __.�__...... _.._._._ -._ ...._ FOR OPPOSE 17 . FOR OPPOSE 18 . __FOR ___OPPOSE 1'� ..,..,:.:.....:::...:::.:: .... :... .., m.,,.MIN,.,.,w., -.. FOR OPPOSE 20 . 1 0 TO: Members of Planning and Zoning Commission FROM: Ed Richie , Director of Community Development SUBJECT: Zone Change Requested by Mark Kerstein Mr . Kerstein represents Investors Network International as the developer and Twin Oaks Homes as the builder . Their program is outlined under separate cover . The request is for zero lot lines under the Planned Development District . They would comply with all SF-3 requirements , except as noted . A community should make an effort to accommodate a variety of housing types and densities . The City would not want extensive development with this density , but a few dispersed areas are not detrimental . Our major concern is adding traffic from 96 additional lots onto Westgate Way with only one exit to a thoroughfare . Hopefully in the near future , Westgate Way will open to F .M . 544 . Because of the relationship of this parcel to adjacent zoning and the railroad track , staff recommends approval of this request . ,..„ ,..k. Li , Niiii . N.. .._ 2 . ill MI Ole, ...Tx ' ; ....;,,-., Rr r•rir,rr Y • �_ MAI 1� : i t MIL 111)1110.? rf • ki, MI 'NE ',kw•...d 14* ...! ' ' r'v�G `' : .= - . � : -1 7•T` : t •r.... 1 a. A , A, aP j• . .. �=o Ilia' ai1� FP moll' rilkfr. , r I .,o. • ■i • ���■ •■ s. ; TI : . 06 i 1 1 • • • 111111\ \ ...m 'OP • _ _......, 7 ..),.. :• . ,,,.. ...,. .. ..•.-.... : . . ..• • .. • art �• ,•„t, • • • 2 F . / • . , . . Ile pm igi,,,,,,,,, ,„„.....„ .,_ \\*.\ \ ,, . _ _ __. ._ _ _. _. .. _ i„,,At.4,1.0.1. 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W ' g 2'�0 m2Z,. 120oyi9 18 = 7 - 13 a _ ,„,,,,3.., ,,.. . ,,.�• * Y. • ♦ �I s 65. , 1i .. ,. . '� ffi`iT9811 M • 7.• -• %' / . . . .I I . ,. ; ;�� ,` •"` 2 •.. •"ram • ^.L. • • r...err. _ ••••••••_ 2••••••••••• .•1 •••• • � _ . . .• 1 . '''' Atv' ?.' KRc YM! <, t '2 . '� ., , `t , , • .3 ETAL. ' • 8 293 .AC. 8 216 •• AC. o • . . _ • • cr• 16.6883 '+r • . • . jPJ . ^ _ • • • . :'.•V �y,isaba 111Mr70. E i ,S41•a1 Q 1t. e . ..• :VA, (€) ..•,7= 4 11' . -91041.t.:?:-.L..I t;',!.7,,,' V:,'.* •••,'t ''''' $ t.''.' . .:,_. . . . r ......4c,'t 1,„,„:•7.i...1.1 ::-... I •.--• •• o , �•. . 't•,T1.�l -. mac,•.` trill i,it :'I • r. ni Ind KI; ty ;'* 1 5 ;.--��-- $,.ii.' .../'• • y • + a' ' rti a tp 2i r, .+ . . l ,f;i : ',O;T-e 1'011 v L'41;. 't` .;-' klf.i Ai ...-, ,,,'"1". ..tc z,,,,,,„ 1.::.A • v w REQUESTED ZONING CHANGE LETTER INFORMATION ZONING CHANGE REQUESTED BY RBRSTEIN for TWIN OAKS HOMES FROM "A" - AGRICULTURAL TO "PD" -PLANNED DEVELOPMENT LOCATION ,_ PART OF E. C. DAVIDSON SURVEY, TRACT 266 DATE LETTERS SENT 9-21-90 _ P & Z MEETING 10-01-90 NAMES AND ADDRESSES OF PROPERTY OWNERS AFFECTED BY ZONE CHANGE : FOR _ _OPPOSE 1 _DIXIE MORTGAGE LOAN CO.-BOX 593-MISSION, TX. 78572 ✓FOR _ OPPOSE 2 -- �.. • - , - FOR OPPOSE 3 . 1' T.-C• /b,/C1 FOR OPPOSE 4 ,HOBART IND., INC. P. 0. BOX 925, WYLIE _FOR OPPOSE 5tMULLEN DEVELOPMENT, INC.-2530 ELECTRONIC LN. #712, DALLAS, TX.75220 FOR OPPOSE 6 .D. C. ENTERPRISES-200 LYNG-ALLEN, TX. 75002 ._ FOR .... OPPOSE 7 D. C. ENTERPRISES. _........._. ....._.. . ... ..... _..___ _ . ._.._...... _ ._. _. — FOR OPPOSE 8 .THOMAS REED-100 SUMMIT AVE.-PLANO, TR. 75074 FOR OPPOSE 9 MULLEN DEVELOPMENT, INC.-2530 ELECTRONIC LN.#712, DALLAS, TX. 75220 FOR OPPOSE 10 . MULLEN DEVELOPMENT, INC. FOR OPPOSE 11 , EAGLE READY MIX CONCRETE-RT.1 BOX 142-C, ROCKWALL, TX. 75087 FOR OPPOSE 12 . FOR OPPOSE 13 . µ..-FOR __OPPOSE 14 .�,_ ,._,....M_....... ._ ..�..�_-_ ,...,_.__._.._..___ ... .._ _..... FOR ,.,....,,_OPPOSE 15 ._.. . ,... .., ._. _.-_ .., ._._,......,..._......_.,..._. . �._.,_.. ,,,,.FOR .„,_..OPPOSE 16 FOR OPPOSE 17 . FOR OPPOSE 18 . FOR OPPOSE 20 . TO: Members of Planning and Zoning Commission FROM: Ed Richie , Director of Community Development SUBJECT: Preliminary Plat for Oak Ridge Addition The preliminary plat has been reviewed by City Staff . It is related to the zone change in items 4 & 5 above . Staff recommends approval in conjunction with the above mentioned zone change . � v ' t� wesrc�re It �* tg • DURCN9N/RE .1:.. 40 / ,� Nee• 03'37"E - 733.90' • / 1 `` r i ` /0• I/` I2' lI • /5' il6$ � I t • J ` 4 S, 6 7 ' d • , ti figi r:tr/�� %� r �i s FLEMING Sheet �_ e W f ...•- e ' '` I o l ? , J . 4 . 5 . 6 , 7 . e , 9 /o ll , I2 � �L� e� : 1 .4II / / J , 3, /J //ter 011•11 ., , • t o g.vi% h •1' I 6 13. 11 2/• 10 /9 /e l7 /6 /5 /4 /! p rio Io' _ 33,E ' •.,-- 6"dt4N. SCW. 6 ,tt ~--�-io' 40' ss 9�, , • t . ; Rep OAK DR/l..E ok l 2 . J . i : 5 . s . 7 . e . 9 . p . ll . 12 ^ N o ' / 11 • it • / .�.�� d i b ,i l2 �� 0 �e. ,' z 13A. j , 18. 11 , i /4 I I 1a ?J •�1 '.ro• vs' / p 1 /5 f 5I0 5, . 7,.,,,_„..a"�"� ��• • \ .., l6 .yam C 4e. a '' 26 27, 12'11 to' A ae 1yl.o•, .591e y e1'19' "- W — 735 57. too it tore • T. RAILROAD ____.__._-- sOurHWE5rERN uy I .5d4 INDUSTRIAL PARK I 1 + TO: Members of Planning & Zoning Commission FROM: 6k.., Ed Richie , Director of Community Development SUB CT: Planning & Zoning Meeting and Work Session DATE: October 12 , 1990 Due to the applicant 's need for more time , we will not have the scheduled meeting on Monday , October 15 , 1990 . It will be rescheduled for the next regular meeting , Monday . November 5 , 1990 . However , we have planned a work session for the following Monday , October 22 , 1990 at 7:00 P . M . . Please confirm your attendance to my office , 442-2236 , by Thursday , October 18 . 1990 .