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Minutes for the MAPC meeting on October 9, 2001.
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MINUTES
METROPOLITAN AREA PLANNING COMMISSION
OCTOBER 9, 2001
MEMBERS PRESENT: Beadles, Little, Damron, Gott, Street, Johnson, Shaw, Phillips
MEMBERS ABSENT: Krennerich
OTHERS PRESENT: Glenn Batten, City Planner; Brian Wadley, Planning Coordinator; Phillip Crego, City Attorney.
The minutes of the September 18, 2001 were approved as prepared on a motion by Gott, second by Damron and unanimous vote.
#1 RZ01-43 Wayne Tate requested approval of rezoning from Residential R-1 to Commercial C-3 Lot 1 of Tate’s Westside Addition containing 2.70 acres. The address of the property is 3411 Dan Avenue and the general location of the property is on the southeast corner of Dan Avenue and Harry Drive.
City Planner, Glenn Batten, stated that the proposal is consistent with the Comprehensive Plan particularly considering the impact that the highway interchange will have on this area and surrounding areas. The right of way for the planned street improvements is primarily on the north side of Dan Avenue. The proposal is consistent with the purpose of the zoning ordinance and is compatible with the surrounding zoning, uses and character. The rezoning to C-3 is justified, however, of particular concern was the lack of public sewer to the site.
Terry Bare, representing Mr. Tate, stated that an engineer on his staff was in the process of studying the feasibility of a public sewer extension. Mr. Bare stated that there were several safeguards in place to ensure that sewer, whether public or private, was installed according to state law. Approval of one or the other is a prerequisite to obtaining a building permit.
Commissioner Hardy Little expressed concern that we might be penalizing a property owner for the lack of infrastructure. Mr. Little stated that without approval of sewer very little could be done with the property but this should not prevent it from being rezoned. No one in attendance expressed opposition.
Mr. Little made a motion to recommend approval to the City Council as submitted. The second was made by Mr. Johnson. Voting was 7 in favor, 0 opposed. Those voting aye were Phillips, Shaw, Johnson, Street, Gott, Damron, Little. MOTION CARRIED, REQUEST APPROVED.
#2 RZ01-45 Brenda Fletcher requested approval of rezoning from Agricultural AG-1 to Residential R-2 for Lot 6, Block B of Lazy Acres Subdivision and the abandoned right of way of Margo Lane lying east of and adjacent to Lots 5 & 6, Block B of Lazy Acres Subdivision. The general location of the property is on the south side of Mildred Lane, west of Margo Lane.
Glenn Batten, City Planner, stated that the proposal is not consistent with the Comprehensive Plan which calls for industrial uses in this area, nor is it compatible with the zoning, uses and character of the surrounding area. Areas to the south and east are zoned industrial and being developed with industrial uses. To the north and west are small, single family homes which are positioned in an area between industrial uses and future industrial uses. The corner lots in the subdivision are already Commercial C-3.
There was much discussion regarding the status of Margo Drive which was abandoned by ordinance in 1998. Commissioner Betty Shaw explained that the petitioners at that time owned both sides of the road and therefore received all of the abandonment which they subsequently sold to the Fletchers. Mr. Batten explained that CW & L would not extend utility services to this lot without the rededication of right of way for Margo Lane.
Commissioner Betty Shaw stated that the rezoning to R-2 for low density multifamily would serve as a transition area between the industrial property and the single family homes.
No one in attendance expressed opposition.
Mr. Damron made a motion to recommend approval of the rezoning to the City Council and address the right of way issue on the replat of the property. The motion was seconded by Mr. Street. Voting was 6 in favor, 1 opposed. Those voting aye were Little, Damron, Gott, Street, Johnson, Shaw. Those voting no were Phillips. MOTION CARRIED, REQUEST APPROVED.
#2A Ms. Shaw made a motion to approve the replat of Lots 5 & 6 with the stipulation that the abandoned right of way of Margo Lane be rededicated to the city to the south property line of Lot 6 to provide street frontage for lots 5 & 6. Ms. Shaw noted that the City had recently paved the abandoned right of way and with the dedication would now maintain it. The motion was seconded by Mr. Gott. Voting was 6 in favor, 1 opposed. Those voting aye were Street, Gott, Damron, Little, Shaw, Johnson. Those voting no were Phillips. MOTION CARRIED, REQUEST APPROVED WITH STIPULATIONS.
#3 CU01-5 Larry Trosper requested approval of a conditional use to place a manufactured home, residential design, at 1409 Hathcoat Lane.
Glenn Batten, City Planner, stated the proposal was consistent with the Comprehensive Plan as well as the purpose of the zoning ordinance. The proposed use is compatible with the surrounding zoning, uses and character. Glenn pointed out that the subdivision issues and its need to front on a public street. Proper sewage disposal and water connections are needed. Hathcoat Lane becomes a private drive at the beginning of this property and serves a house and shop at the north end. The Trosper property has 235' of property adjoining the private drive. The Commissioners stated that compliance with the ordinance regarding frontage is needed.
Mr. Trosper stated that he thought the easement was already there and that the paper work was in order. There was once a mobile home on the property approximately 11 to 12 years ago. Mr. Trosper’s manufactured home will meet the residential style requirements of the zoning ordinance.
Mr. Damron made a motion to approve the request with the stipulation that this owner dedicate 30' of right of way for ½ of the street on Hathcoat Lane or provide documents that it is already dedicated. The motion was seconded by Ms. Shaw. Voting was 7 in favor, 0 opposed. Those voting aye were Johnson, Shaw, Phillips, Street, Gott, Damron, Little. MOTION CARRIED, REQUEST APPROVED.