File #: MIN-99:1501    Version: 1 Name:
Type: Minutes Status: Passed
File created: 10/12/1999 In control: Metropolitan Area Planning Commission
On agenda: Final action: 11/9/1999
Title: Minutes for the MAPC meeting on October 12, 1999.
Related files: ORD-99:1065, ORD-99:1067

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Minutes for the MAPC meeting on October 12, 1999.

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METROPOLITAN AREA PLANNING COMMISSION

OCTOBER 12, 1999

 

MEMBERS PRESENT: Beadles, Damron, Gott, Finley, Krennerich, Pitts, Shaw, Phillips

 

MEMBERS ABSENT: Little

 

The minutes of the August 10, 1999 and September 14, 1999 meetings were approved as submitted.

 

#1 RZ99-41 Rick Turman approval of rezoning from Residential R-1 to Industrial I-1 for 8.76 acres located on a part of the SW 1/4, NE 1/4 of Section 33, T14N, R4E.  The general location of the property is on the south side of Rook Road, west side of Richardson Road and east of the Missouri Pacific Railroad.

 

Opposition was expressed by area residents on Long Crest.  Property devaluation, the possibility of flea markets and storage buildings were the main points of concern.  Lack of adequate drainage in the area was also discussed.  It was pointed out that the land had been raised and graveled as well as the ditches filled in the area.

 

The owner stated that he was going to build warehouses on the east side of the railroad tracks and a housing subdivision on the west side of the tracks.  He also informed the MAPC as to how the drainage problems were going to be solved.

 

Mr. Krennerich made a motion to disapprove the request stating that it would be spot zoning in an area totally surrounded by R-1 zoning.  The motion was seconded by Mr. Pitts.  Voting was 7 in favor, 0 opposed, MOTION CARRIED, REQUEST DISAPPROVED.

 

#2 RZ99-46 Anthony and Beverly Bartels  approval of rezoning from Residential R-2 to Commercial C-5 for Lots 7A and 7B of a replat of Lot 7, Block 2 of Patrick’s 2nd Addition.  The general location of the property is on the southeast corner of Logan Avenue and Houghton Road. This property adjoins property currently zoned C-5 and across the street from the former Kindergarten Center now owned by St. Bernard’s.

 

Ms. Shaw made a motion to recommend approval to the City Council as submitted.  The motion was seconded by Ms. Finley.  Voting was 7 in favor, 0 opposed, REQUEST APPROVED.

 

#3 RZ99-47 Anthony and Beverly Bartels  approval of rezoning from Residential R-2 To Commercial C-3 for Lots 7 & 8 of Block 5 of Matthews Addition.  The general location of the property is on the east side of Vandyne Street, south of Cate Avenue.

 

Ms. Shaw made a motion to recommend approval of the rezoning to Commercial C-1 instead of C-3 to the City Council.  She noted that the adjoining property to the north is zoned C-3 and property across the street to the west is C-1.  Ms. Shaw also stated that it compliments the neighborhood uses.  It was pointed out also that St. Bernard’s has purchased everything from Creath to Washington going east to Bridge Street.  The motion was seconded by Ms. Finley.  Voting was 6 in favor, 1 opposed, REQUEST APPROVED.

 

#4 RZ99-48 Brenda Gregory  approval of rezoning from Residential R-1 to Commercial C-3 for Lot 1B of Home Federal Replat of Lot 1 of the Replat of Ranchette Acres.  The property is located at 102 Ranchette Drive, on the north side of Ranchette, west of N. Church Street.

 

Garry Tate gave the MAPC some history of the property stating that Mr. Gregory had built and operated a body shop at this location since before annexation in 1989.  He has since passed away and Ms. Gregory wants to sell the property but needs to rezone it to allow a future owner to have commercial use of the property.  There were some questions about the accuracy of the plat and whether or not the house and shop were on the same lot.

 

A motion to recommend approval of the C-3 zoning by Mr. Pitts failed to receive a second and therefore the motion dies.

 

Ms. Shaw made a motion to disapprove the request stating that it would be spot zoning based upon the current submittal.  She went on to say that the rezoning was too deep into the subdivision and there would still be R-1 zoning between this property and Hwy. 141.  Ms. Shaw also stated that the use of the property could be better addressed as a conditional use in the new codes.  The motion was seconded by Mr. Gott.  Voting was 4 in favor, 2 opposed, 1 abstained, MOTION CARRIED, REQUEST DISAPPROVED.

 

#5 RZ99-49 Judson R. Nix  approval of rezoning from Residential R-1 to Commercial C-3 for Lot 10 of Marlo Acres First Addition.  The general location of the property is on the southeast side of Southwest Drive, approximately 450' southwest of the intersection of Culberhouse Street.

 

Opposition was voiced by attorney Mark Mayfield representing some of the area residents and by other residents.  The closeness of adjoining homes was a point of concern.  There was also discussion regarding the Bill of Assurance which was pointed out to be a private agreement among subdivision lot owners and not something that the city enforces.

 

Mr. Nix stated that he owned additional property to the north and planned to develop both tracts with professional offices.  He further stated that he could not foresee development of the property as residential considering that it now fronts on a five lane road.  The tennis courts on the adjacent property will be removed to allow for development of the property.

 

Mr. Krennerich made a motion to recommend approval of the zoning change to Commercial C-5 instead of C-3 which is a quiet zone not harmful to the residential character of the neighborhood.  As a condition of approval, Mr. Krennerich stipulated that the owner/developer would have to submit complete site development plans to the MAPC prior to development of the property.  The motion was seconded by Mr. Pitts.  Voting was 7 in favor, 0 opposed, REQUEST APPROVED WITH STIPULATIONS.

 

#6 RZ99-50 Kent Arnold requested approval of rezoning from Commercial C-3 and Residential R-1 to Residential R-3 for 31.22 located in the NW 1/4 and in the SW 1/4 of Section 33, T14N, R4E.  The general location of the property is no the east side of Caraway Road, north of Glenn Place, and south of Higginbottom Creek.

 

WITHDRAWN PRIOR TO MEETING.

 

#7 RP99-56 Nettleton Baptist Church approval of a replat of part of Lots 36 and 21 of Pardew’s Addition, and all of Lots 1 & 2 of Nettleton Baptist Church Replat of Lots 33-39 of Cobb and Lee’s Survey.  The general location of the property is on the south side of Nettleton Avenue, between Thorn Street and Clark Street.

 

WITHDRAWN for further study after discussion about creating a lot with mixed zoning and questions regarding street right of ways on Nettleton and Thorn.

 

#8 SP99-17 Elk Park, LLC, approval of site development plans for the Elk Park Addition.  The development contains 6 buildings on four lots.  The general location of the property is on the northwest corner of Southwest Drive and Alexander Drive.

 

It was noted that questions regarding the retaining wall on the northeast side of the property had been addressed and the drainage issues were also resolved.  A motion to approve the request as submitted was made by Mr. Krennerich and seconded by Ms. Shaw.  Voting was 7 in favor, 0 opposed, REQUEST APPROVED.

 

#9 MP99-30 Kent Arnold approval of a minor plat containing one lot on 1.03 acres and located on a part of the NE 1/4, SW 1/4 of Section 33, T14N, R4E.  The general location of the property is on the east side of Caraway Road, approximately 200' north of Glenn Place.

 

WITHDRAWN PRIOR TO MEETING.

 

#10 MP99-31 Kent Arnold approval of a minor plat containing one lot on 1.03 acres and located on a part of the NW 1/4, SW 1/4 of Section 33, T14N, R4E.  The general location of the property is on the east side of Caraway Road, approximately 750' north of Glenn Place.

 

WITHDRAWN PRIOR TO MEETING.

 

#11 PP99-13 Mitchell Caldwell preliminary approval of subdivision plans for Caldwell Acres Third Addition.  The subdivision contains 37 lots on 4.9 acres.  The general location of the property is on the east side of Richardson Road and a continuation eastward of Keely Drive.

 

Mr. Krennerich made a motion to grant preliminary approval subject to:

1.  Selecting approved street names for the streets

2.  Compliance with the engineer comments

3.  Installation of fire hydrants at both intersections in addition to any that CW & L may install

4.  Acknowledgment that in the next phase outlets will need to be provided to provide additional access to the development which is quite dense

 

The motion was seconded by Ms. Shaw.  Voting was 7 in favor, 0 opposed, REQUEST APPROVED WITH STIPULATIONS

 

#12 RP99-50 Jim Mead approval of Kart World Replat, a replat of part Lot 4A of 1st Replat of Mead’s Development Addition and a closed street and a part of the NW 1/4 of Section 32, T14N, R4E.  The general location of the property is on the south side of Parker Road, west of Mead Drive.

 

A motion to approve the replat was made by Ms. Shaw and seconded by Mr. Krennerich.  Voting was 7 in favor, 0 opposed, REQUEST APPROVED.

 

Mr. Mead also asked the MAPC to review his site plan for development of the property but  they declined.