06-07-1982 (Planning & Zoning) Minutes MINUTES
PLANNING & ZONING COMMISSION MEETING
JUNE 7, 1982
7:00 P.M.
The Planning & Zoning Commission met in regular session at 7:00 p.m.
on June 7, 1982 in the Council chambers at City Hall. A quorum was
present and notice of the meeting had been posted at the time and in
the manner required by law. Planning & Zoning Commission members
present were: Chairman Joe Fulgham, Albert Harrison, Don Kreymer,
Ken Mauk and Bryant Barry. John Seeley was absent. Also present
were the following: City Manager Lee S. Vickers, Mayor Pro Tem
William Martin, Sarah Connelly, Robert Blakey, Joe Tuskan, Councilman
Percy Simmons, Harold Spence, John Burns, Philip Gaither, Robbie
McDonald, M. D. Love, Sandra Love, Lavern Ramsey, Randall H. Gaston,
Melvin K. St. John and Harry Tibbals and a reporter from The Citizen.
Dr. Joe Fulgham presided at the meeting, the first item of which
was to conduct the public hearing on a request for rezoning of Lots
8, 9 & 10 of the S. B. Shelby Survey, Abstract 820 from public use
to retail. This property is the portion of school property north of
Kirby and west of the school playground area. There was no one present
who spoke for the rezoning so the Chairman explained the request to
the citizens present. There were no comments in opposition, although
the City Manager pointed out that the sale of the property was conditioned
upon its rezoning for retail purposes. Chairman read the checklist
and received no unfavorable comments. John Yeager moved, with a second
by Ken Mauk to recommend rezoning to the City Council. Four members
voted for, with Bryant Barry abstaining because of his membership on
the school board.
Next there was a public hearing on a request for a special use permit
for a day care center at 401 N. Jackson. Mrs. Sarah Connelly spoke in
favor of the special use permit explaining that the State Health Department
11110.1 has approved the premises for 17 children now with a maximum of 30 with
the addition of a second bathroom. She stated that all state regulations
would be met and that children from two to twelve years of age would be
cared for with a hot lunch and two snacks each day. She agreed to
encourage loading and unloading only on North Jackson.
Two neighbors registered opposition to the request: one because of the
delapidated condition of the premises and the other because of the noise.
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Most Commission members felt the noise on F.M. 544 was much greater than
would be created by the children at the day care center. Ken Mauk moved
with a second by Albert Harrision to issue the special use permit for one
year and then to review the permit annually. The vote was unanimous in
favor.
Mr. Melvin St. John and his associates requested rezoning from agriculture
to Single Family 1 for the 20 acres west of Westwind Meadows. There was
much discussion both for and against the proposed zoning, most of which
was against a development which would double the length (and traffic) of
Stoneybrook and Willow Way without the benefit of an additional outlet
from the subdivision. One neighbor was not in opposition to the rezoning,
• . but felt better drainage facilities should be planned and developed.
Chairman Fulgham went through the checklist and the crowd helped answer
the questions with great vigor. After the public hearing was closed
Don Kreymer moved with a second by Bryant Barry to recommend rezoning
from agriculture to Single Family 1 and the vote was unanimous in favor.
The Commission discussed Joe Tuskan's request for permission to operate
an automobile repair shop with a rear fenced-in storage yard. The City
Manager pointed out that the current operation was a clear violation
of the Zoning Ordinance which does not permit operation of wrecking
yards, but that he requested clarification of the term "automobile
storage yard" from the Commission. It was agreed by concensus
that Mr. Tuskan could comply with the Zoning Ordinance by having all
automobiles which would be repaired within the sight barrier fence
or inside the body shop; that he could not sell parts off any inoperable
vehicles, but could only use them for repair parts on the cars owned
by his customers. Further, that he could not own and sell parts from
wrecked automobiles on his yard. There was unanimous concensus among
the members of the Commission that this type operation could be permitted
in the industrial zone in which Mr. Tuskan's business is located.
Most of the citizens present filed out and left the building, after
which the Tibbals Addition rezoning request was considered. Mr. Tibbals
advised the Commission that he would have approximately 48 homes with a
minimum floor area of 1,800 square feet in the first phase of his addition.
However, he asked for Single Family 2 zoning and agreed to use deed
restrictions to obtain the 1,800 square feet minimum. There was no one
in opposition, so Don Kreymer moved, with second by John Yeager to rezone
this portion of Tibbals Addition for Single Family 2 residents. The
vote was unanimous in favor.
Mr. Harold Spence advised the Planning & Zoning Commission that he
requested rezoning of Oaks Addition from agriculture to the following:
Lots 1 & 2, Block B to retail; Lots 21, 22, 23 & 24, Block B to
multiple family; and the remaining lots to Single Family 2. The plat
of his subdivision was examined in some detail, but since there was no
one there in opposition, Albert Harrison moved with a second by Ken
Mauk to rezone in accordance with the request.
Chairman Fulgham recommended that one or more members of the Planning
& Zoning Commission be present at the City Council meeting on June 8.
Don Kreymer agreed to attend. A brief discussion followed concerning
the need for a work session in the near future to review the thoroughfare
plan and to consider the "spirit of the Zoning Ordinance".
There being no further business the meeting was adjourned.
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