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Planning and Zoning Commission Minutes - 05/12/1999F' MINUTES PLANNING & ZONING COMMISSION May 12, 1999 PRESENT: Joe Johnson, Chairman . Members David Rhone Danny Richardson Randy Wachsman Cliff Berg . Alternate #1 Johnny Burns . Council Liaison Steve Seese, Planning Administrator Paul Stillson, Planner II Diane Parker, Recording Secretary ABSENT: Earl Rooks . Members Marie Morgan Lin Purtle Greg Wright Ernie Vicars . Alternate #2 I. CALL TO ORDER The meeting was called to order by Chairman Johnson at 2:10 p.m. 11. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES Mr. Rhone made a motion to approve the minutes of the April 14, 1999 meeting. Mr. Berg seconded the motion. The minutes were approved with a unanimous vote. There was not a Consent Agenda for this meeting becausethere were no plats (preliminary or final) submitted. IV. REGULAR AGENDA 1. Rezoning from RMU to HC 400 - 412 (even numbers) Fountain Street Case R 99 -04 Applicant: ......................................... Richard Crossland for Darr Equipment Co. Planning & Zoning Commission May 12, 1999 Page 1 Requested Action: ............................ Rezoning from RMU to HC Purpose: .......................................... Storage of Equipment Property: .......................................... Lots 8 -14, Block 6, South Park Addition, known as 400 -412 (even numbers) Fountain Street Existing Land Use: ........................... Vacant Surrounding Land Uses & Zoning:... N: Equipment Storage, Vacant, Residence, HC & RMU E: Darr Equipment, HC. S: Vacant, RMU W: Vacant, RMU Analysis: The applicant represents Darr Equipment located at 1909 Jacksboro Highway. The firm acquired seven lots east of their business in a sheriff sale October 1998. In the northeast portion of this same block, the applicant owns three lots that were rezoned from Residential Mixed Use to Heavy Commercial in August 1996. The applicant plans to use the seven lots for a storage yard and is therefore requesting rezoning from Residential Mixed Use to Heavy Commercial. The seven lot tract is bounded on the south by Fountain Street. The street was dedicated as part of the South Park Addition in 1910, but was never constructed. Therefore, none of the interior lots on this block have access to a paved street. Staff considered the following factors: a. Changed conditions: One of the elements of a rezoning analysis is identifying conditions that have changed in the district or may have changed outside of the district that directly or indirectly affect land use adjacency The rezoning and development of the lots to the north for heavy equipment storage represents a trend of expanding heavy commercial uses in this area. b. Relationship to the Comprehensive Plan: Staff considered the effects of the land uses allowed under that proposed zoning district relative to conformance with the City's Comprehensive Plan. The Plan currently designates the seven lots as low density residential. There is one house on this block facing California Avenue; however, the area consists primarily of vacant land. If this rezoning is approved, the Comprehensive Plan should be amended to reflect this zoning change. C. The nature and degree of impact n neighboring lands: This rezoning should produce minimal negative impacts upon the one existing residence in the area. Staff believes that since Fountain Street is not built, access will be taken from Kentucky, and thereby limiting the impact on the single existing residence. By approving this rezoning, the Commission is also approving an amendment to the Comprehensive Plan. The rezoning ordinance presented to council will also contain language amending the Comprehensive Plan to bring this rezoning in conformance. Recommendation: Staff recommends approval of this request. Mr. Berg made a motion to recommend approval of this rezoning request to City Council. Mr. Rhone seconded the motion. Planning & Zoning Commission May 12,1999 Page 2 Twenty -eight surrounding property owners were notified of this request. No replies were received. Mr. Seese stated that this rezoning is not according to the Comprehensive Plan and therefore the motion also should include verbiage to amend the Comprehensive Plan. Chairman Johnson commented that this rezoning would not be contrary to the other properties in the area. Mr. Berg made a motion to recommend approval to Council of this rezoning request and amend the Comprehensive Plan. Mr. Rhone seconded the motion. The vote was unanimous in favor of this motion. The original motion was voted on and received a unanimous vote in favor. 2. Carport 305 Skelly Drive Case C 99 -11 Eighteen surrounding property owners were notified of this request. Five (5) or 27.78% replied in favor, none (0) were opposed, and one (1) or 5.6% replied with other comments. Mr. Berg made a motion to approve this carport request. Mr. Rhone seconded the motion. Mr. Gerald Cardwell, applicant, stated his reasons for applying for the carport were parking and providing shade for the house. The Commission voted unanimously to approve this carport. 3. Manufactured Home 817 - 819 Roosevelt Street Case C 99 -12 Case No.: ......................................... C 99 -12 Applicant: ......................................... Robert Seabury Requested action: ............................ Conditional Use Permit Purpose: .......................................... An application for a conditional use permit to place a manufactured home. Property: .......................................... 817 -819 Roosevelt St. Legal Description: ............................ Lots 13 & 14, Block 4, Homewood Heights Surrounding Land Use & Zoning:..... N: Residences, Funeral Home, Vacant Lots, SF2 S: Residences, Vacant Lot, SF2 E: Residence, SF2 W: Vacant Lot, SF2 Analysis: The applicant wishes to place a manufactured home at 817 & 819 Roosevelt St. These two vacant lots will need to be replatted into one lot before permitting. The lots are located in an area that has been designated by the Community Development Department for the In -fill Housing Program. This program has two goals, first, to make home ownership a reality for families of low to moderate income and second, to encourage new investment in the neighborhood. This program offers a soft second mortgage that is forgiven after 10 years to families that meet income Planning & Zoning Commission May 12, 1999 Page 3 guidelines set by the U. S. Department Housing and Urban Development. Both site built and manufactured homes are eligible for this program. The surrounding area consists of a funeral home, vacant lots and residences. There are no manufactured homes within the 200' notification area. Developmental Requirements: Platting and all necessary building permits will be required for this project. Recommendation: Staff recommends approval of this request. Twenty -six surrounding property owners were notified of this request. Two (2) or 7.69% replied in favor and one (1) or 3.85% was opposed. Mr. Richardson made a motion to approve this request. Mr. Rhone seconded the motion. Mr. Bob Seabury, applicant, presented a site plan with photographs to the Commission. He commented that this home would be an asset to the neighborhood. The Commission voted unanimously to approve the manufactured home at this address. V. OTHER BUSINESS 1. City Council Update Mr. Seese stated the carport at 3405 Arthur Street with paved alley access was approved by Council. Also, approved was the rezoning of four acres in Tamarron Subdivision from Single Family -2 to Limited Office as well as the rezoning of 4300 Kemp and 4304 Kemp (4305 Wolfe) from Limited Commercial to Conditioned General Commercial. 2. Discussion of Items of Concern to Members of the P&Z Commission Council Burns thanked the members of the Commission and outgoing Chairman Johnson for their dedication, their attendance, and their service to the community. Mr. Seese presented the updated Thoroughfare Plan that would be presented to City Council the following week for approval. He briefly explained the seven changes that the MPO had previously approved. VII. ADJOURN The meeting adjourned at 2:35 p.m. Joe Johnson, Chairman Date Planning & Zoning Commission May 12, 1999 Page 4 ATTEST: Seese, CK PIann ministrator Planning & Zoning Commission May 12,1999 Page 5 / 5 - / Date Ci t `f CLERK'S OFFICE Date RV Time a= "