File #: MIN-91:1622    Version: 1 Name:
Type: Minutes Status: Passed
File created: 10/8/1991 In control: Metropolitan Area Planning Commission
On agenda: Final action: 10/22/1991
Title: METROPOLITAN AREA PLANNING COMMISSION OCTOBER 8, 1991
Related files: ORD-91:971, ORD-91:972, ORD-91:973, ORD-91:974, ORD-91:975

title

METROPOLITAN AREA PLANNING COMMISSION

OCTOBER 8, 1991

body

MEMBERS PRESENT: Coleman, Patteson, Bahn, Vance, McCracken, Damron, Little

 

MEMBERS ABSENT: Aycock, Blalock

 

The minutes of the 9-4-91 meeting were approved as prepared.

 

#1 SU91-16 Pat South requested approval of placement of a mobile home at 5000 Peachtree Avenue.

 

A motion to approve the request was made by Mr. Patteson and second by Mr. McCracken. Voting was 5 in favor, 0 opposed. REQUEST APPROVED.

 

#2 SU91-17 Betty Foster requested approval of placement of a mobile home on Foster Drive, ¼ mile east of Hwy. 141.

 

Several in attendance voiced opposition to this request for mobile home placement. It was stated by those in attendance, who also presented a petition containing many signatures of others opposed to the request. It was stated that although there are eight (8) mobile homes and three (3) houses on the street now, most of which are rental properties, they were opposed to additional mobile homes being placed especially for rental use. As stated by the petitioner this lot was set aside in the original survey, before its annexation, for placemen of a mobile home but she had not placed one there prior to now. Ms. Foster also stated that approval of the septic system had been granted prior to annexation.

 

Ending the discussion was a motion by Mr. Patteson and second by Mr. Little to approve the request. Voting was 4 in favor, 1 opposed, 1 abstaining. REQUEST APPROVED.

 

#3 AZ91-4 Dennis Combs and Cindy Mey requested approval of annexation and a zoning classification of R-1 for 3.28 acres. This property is located on the east side of S. Caraway Road, south of Nash Lane.

 

It was explained that these petitioners had signed a petition and paid their share of the fees for an annexation that took place in December, 1989. When that annexation was completed by legal description they had been left off. A motion to approve was made by Mr. Coleman and second by Mr. Damron. Voting was 6 in favor, 0 opposed. REQUEST APPROVED.

 

#4 RZ91-18 Ronald Johnson requested approval of rezoning form R-1 to I-1 for 3.0 acres located on the east side of Harry Drive, north of Doris Place.

 

A motion to approve the request was made by Mr. Patteson subject to the owner entering into a street improvement agreement for Harry Drive and Doris Place and that the right-of-way is shown for Doris Place. The motion was seconded by Mr. Damron. Voting was 6 in favor, 0 opposed. REQUEST APPROVED WITH STIPULATIONS.

 

#5 MP91-37 Ronnie Johnson requested approval of a two (2) lot minor plat containing 3.00 acres. The property is located on the east side of Harry Drive, north of Doris Place.

 

A motion to approve the request was made by Mr. McCracken subject to the owner entering into a street improvement agreement for Harry drive and Doris Place and that the right-of-way be shown for Doris Place. The motion was seconded by Mr. Damron. Voting was 6 in favor, 0 opposed. REQUEST APPROVED WITH STIPULATIONS.

 

#6 RZ91-19 Brian Sutterfield requested approval of rezoning from R-1 to C-3 for 5.00 acres Located on the east side of Stadium Blvd., south of Fire Academy Drive and adjacent to Fox meadow Lane.

 

A motion to approve the request was made by Mr. Damron and second by Mr. McCracken. Voting was 6 in favor, 0 opposed. REQUEST APPROVED.

 

#7 RZ91-20 Bob Bennett requested approval of rezoning form R-1 to C-3 for 2.17 acres located on the north side of Highland Drive, east of Commerce Drive.

 

Mr. Coleman made a motion to approve this request subject to the right-of-way being shown 40’ from centerline on Commerce Drive according to the master street plan and subject to the owner entering into a street improvement for Commerce Drive, if it is not a State Highway. The motion was second by Mr. McCracken. Voting was 6 in favor, 0 opposed. REQUEST APPROVED WITH STIPULATIONS.

 

#8 RZ91-21 Jerome McGee requested approval of rezoning from R-2 to C-4 for .55 acre located on the northeast corner of Johnson Avenue and State Street.

 

Currently on this property is a two story apartment building containing ten (10) apartments. If rezoned the apartments would be a nonconforming use. It was asked of the owner’s representative if it was the intent to discontinue the residential use. Mr. Frierson stated that he did not believe there were any present intentions to discontinue the use, but that Mr. McGee realizes that in the event of a disaster that he could not rebuild. Mr. Frierson further stated that he believed it was his intention at the moment, as he understood it, to utilize the rezoning for a sign (billboard). It was noted that C-4 zoning enumerates the allowed, specific uses and signs are not a listed use. It was felt by some that a specific site development plan should be submitted with the rezoning request as had been done on a previous request further east on Johnson Avenue. It was felt that considering the fact the present zoning was Residential (R-2) and that in fact the property was presently being utilized as multifamily residential that R-2 was the appropriate zoning.

 

A motion to deny the request was made by Mr. Damron and second by Mr. McCracken. Voting was 6 in favor, 0 opposed. REQUEST DENIED.

 

#9 RZ91-22 Bob Harrison requested approval of rezoning from R-1 to R-2 for 5.895 acres located south of Parker Road and being an extension of Green Meadow Lane going west.

 

Mr. Harrison stated that the first phase of Southside Estates was presently zoned R-2 although it had been developed using R-1 requirements. This property adjoins I-1 and C-3 zoning on the north side and was felt by Mr. Harrison that having a duplex on the lots adjacent to the commercial uses would be a good buffer between the houses and the commercial property.

 

A motion to approve the request was made by Mr. McCracken and second by Mr. Damron. Voting was 6 in favor, 0 opposed. REQUEST APPROVED.

 

#10 PP91-6 Bob Harrison requested preliminary approval of Southside Estates 2nd Addition containing 15 lots on 5.895 acres. The property is located south of Parker Road and will be an extension westward of Green Meadow Lane.

 

Mr. McCracken made a motion to grant preliminary approval subject to the questions about utilities, easements and street construction being addressed on the final plans. The motion was second by Mr. Damron. Voting was 6 in favor, 0 opposed. REQUEST APPROVED WITH STIPULATIONS.

 

A request by the developer to consider final approval did not bring forth a motion from the Commission; however, the Commission agreed to consider final approval at the October 22, 1991 meeting, if the plans were submitted on time.

 

#11 RZ91-23 Realty Associates requested approval of rezoning form R-1 to C-3 for .918 acres located on the north side of Race Street, east of Caraway Road.

 

A motion to approve the request was made by Mr. Patteson and second by Mr. Coleman. Voting was 6 in favor, 0 opposed. REQUEST APPROVED.

 

#12 MP91-38 Realty Associates requested approval of a one (1) lot minor plat containing .918 acres. The property is located on the north side of Race Street, east of Caraway Road.

 

A motion to approve the request was made by Mr. McCracken and second by Mr. Damron. Voting was 6 in favor, 0 opposed. REQUEST APPROVED.

 

#13 RZ91-24 Guy Pardew requested approval of rezoning form R-1 to R-3 for Lots 2 & 3 of Gray Hills Subdivision. The property is located on the north side of Denver Drive, east of Hwy. 63 Bypass.

 

After some discussion about the location of this property is relation to the 63 Bypass and the adjoining Briarwood Addition, a motion to approve as requested was made by Mr. Bahn. A question was raised concerning multifamily development on the property. The motion died for lack of a second.

 

A second motion was made by Mr. Coleman subject to a site plan being submitted for anything but a single family dwelling. The motion was second by Mr. McCracken. Voting was 6 in favor, 0 opposed. REQUEST APPROVED WITH STIPULATIONS.

 

#14 RZ91-25 Tom Clark requested approval of rezoning from R-3 to C-5 for Lot 7 and the east 15’ of Lot 6, Block A of the replat of Noble Acres Addition. The property is located on the north side of Nettleton Avenue, west of Oakdale Street.

 

Mr. Clark stated that it was his intent to discontinue the residential use at the house located on this property and to convert it to an office for his insurance business. A motion to approve was made by Mr. Patteson and second by Mr. Damron. Voting was 5 in favor, 1 abstaining. REQUEST APPROVED.

 

#15 RP91-37 Tom Clark requested approval of Lot 1, a replat of Lot 7 and the east 15’ of Lot 6, Block A of the replat of Noble Acres Addition. The property is located on the north side of Nettleton Avenue, west of Oakdale Street.

 

A motion to approve the replat was made by Mr. McCracken and second by Mr. Little. Voting was 6 in favor, 0 opposed. REQUEST APPROVED.

 

#16 PP91-7 Jimmy Cox and Roy Milner requested preliminary approval of Bramblewood Subdivision containing six (6) lots on 2.0 acres. The property is located on the northwest corner of Nettleton Avenue and Loberg Lane.

 

#17 RP91-38 K.L. Peters requested approval of Lots 1, 2 & 3, a replat of Lot 3, Block 9 of Flints Addition. The property is located on the southeast corner of Washington Avenue and McClure Street.

 

A motion to approve the request as presented was made by Mr. McCracken and second by Mr. Little. Voting was 6 in favor, 0 opposed. REQUEST APPROVED.

 

#18 MP91-39 Harold Lamb requested approval of a one (1) lot minor plat containing 3.07 acres. The property is located on the south side of Lawson Road, approximately ½ mile east of S. Culberhouse Street.

 

Mr. McCracken made a motion to approve the request subject to the plat being revised to show the 30’ of right-of-way as being dedicated from the centerline and subject to the owner entering into a street improvement agreement for both Lawson Road and the currently unnamed street, which is to be named. The motion was seconded by Mr. Coleman. Voting was 6 in favor, 0 opposed. REQUEST APPROVED WITH STIPULATIONS.

 

#19 MP91-40 Roy Cooper requested approval of a one (1) lot minor plat containing .88 acre. The property is located on the east side of Stadium Blvd., approximately ¼ mile north of Fox Meadow Lane.

 

A motion to approve the request was made by Mr. McCracken and second by Mr. Patteson. Voting was 6 in favor, 0 opposed. REQUEST APPROVED.

 

#20 SP91-16 Lone Star Company, Inc. requested approval of revised site plans for a convenience store to be built on the northwest corner of Caraway Road and Nettleton Avenue.

 

A previous site plan was approved in August, 1991 and has been revised showing a relocation of the entrances off Caraway Road. A motion was made by Mr. Coleman to approve subject to the signal control box at the intersection being reviewed with City Water & Light and worked out with them if it needs to be relocated. The motion was second by Mr. Patteson. Voting was 6 in favor, 0 opposed. REQUEST APPROVED WITH STIPULATION.

 

#21 RP91-26 Robert Rees requested approval of Lots A, B & C, a replat of part of the Ruth Ann Subdivision. The property is located south of Aggie Road, on Holmes Road.

 

Mr. Rees stated that the reason for his re-platting the lots as shown was to facilitate the installation of sewer to his development. It was noted that the right-of-way shown on the replat was not adequate and was not in accordance with the master street plan to which Mr. Rees responded that there was not any right-of-way there because the County had never accepted it. Mr. Rees stated that he would consider the right-of-way if the City would show him where it would put the property line.

 

Mr. McCracken made a motion to approve the request subject to 25’ of right-of-way being shown from the centerline on Holmes Street and on the east and west sides and on the north side if it does not place the right of way under the existing buildings. Approval is also subject to the description of the replat being corrected and the sewer easement on the east side being added to the plat prior to it being recorded. The motion was seconded by Mr. Little. Voting was 6 in favor, 0 opposed. REQUEST APPROVED WITH STIPULATIONS.

 

In other business, Mr. McCracken brought up the issue of our ordinances being outdated and insufficient and would like to see some type of action taken that would update city ordinances. Previous attempts by some to enumerate some deficiencies have not resulted in any action being taken. Concluding the discussion was a motion by Mr. Coleman and second by Mr. Damron to make a formal recommendation to the City Council that they strongly considering hiring an outside consulting firm to rewrite some of the existing ordinances for the City, especially the zoning and subdivision ordinances. The Commission further stated that they are willing and will be glad to assist with this project by holding public hearings, receiving input from the public, gathering information from this Commission and other interested parties.