MINUTES OF REGULAR MEETING OF THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF LUFKIN, TEXAS, HELD ON THE 13TH DAY OF APRIL, 1981, AT 5:00 P.M.

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1 MINUTES OF REGULAR MEETING OF THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF LUFKIN, TEXAS, HELD ON THE 13TH DAY OF APRIL, 1981, AT 5:00 P.M. On the 13th day of April, 1981, the City Planning and Zoning Commission of the City of Lufkin, Texas, convened in regular meeting in the Council Chambers of the City Hall with the following members thereof, towit: Samuel D. Griffin Velma 13. Reese Dayle V. Smith J. T. Hopson James B. Gibbs Joe T. Floyd Harvey Westerhoim Roger G. Johnson Dwayne Humphrey Edward Richie Ann Griffin Tommy Deaton Chairman Vice Chairman City Manager Assistant City Manager Public Works Coordinator City Planner City Secretary Assistant City Attorney being present, and Ecomet Burley being absent. 1. Meeting opened with prayer by Joe Floyd. 2. Approval of Minutes!~ Minutes of regular meeting of March 23, 1 981, and special meeting of April 6, 1981, were approved on motion by Dayle V. Smith and seconded by James Gibbs. 3. OPEN HEARING ANNEXATION AND PERMANENT ZONING REQUEST Helen Lowe Recommendation for Hearing Date Chairman Griffin recognized Mrs. Helen Lowe appearing in representation of annexation and permanent zoning request on property located north of Loop 287 at Kurth Drive to Commercial, Special Use(Item 1County Jail). Mrs. Lowe stated that the property consisted of seven and onehalf acres (7k) of which 60% was inside the City Limits. Mrs. Lowe stated that the County Commissioners were considering the purchase of her property for construction of a County Jail which necessitated the inclusion of the entire tract of land inside the City Limits. Mrs. Lowe further stated that she desired property to be zoned Commercial in the event the County decided not to construct the jail on her property and she was considering construction of a car wash or miniwarehouses. Mrs. Lowe stated that her property was bounded by commercial property. The following people appeared in opposition to annexation and permanent zoning request; Mr. George F. Ricks and Mr. M. W. Rhodes.

2 2 April 13, The following points of opposition were stated: a. b. c. d. Jail would be in front yard of Mr. Rhodes. Jail would be in wrong area of town. Jail would not provide any tax revenue to City as previously stated by County Personnel. Would like to see property remain residential. Mrs. Lowe stated that with the plywood plant across the road, she was doubtful anyone would construct a residence in this area of the Loop. Chairman Griffin stated that if 20% of the property owners in area sign petition against annexation and zone change, the City Commission would require a 4/5ths vote to approve request. Chairman Griffin officially closed hearing. Dayle Smith stated that the people in opposition have a good case to oppose the building of the jail, but this board s only purpose is to determine if the area should be annexed and given a permanent zoning of commercial. Mr. Smith further stated that the property would eventually be brought into the City because the tract in question is 50% in the City Limits and 50%. outside the City Limits. Motion was made by Dayle V. Smith and seconded by James Gibbs that Annexation & Permanent Zoning to Commercial, Special Use (Item 1 County Jail) be recommended to City Commission for establishment of a hearing date. 4. Temporary Mobile Home Permit Renewals a. Larelco, Inc. Tabled Chairman Griffin asked if there was a representative for temporary mobile home renewal of Larelco, Inc., at 516 Abney Street. There was none present, and unanimously decided to table item until next meeting Planning & Zoning Commission. b. A.13. Cranford (Mrs.) present located it was of Tabled Chairman Griffin asked if there was a representative present for temporary mobile home renewal of Mrs. Cranford located at 2008 Kurth Drive. There was none present, and it was unanimously decided to table item until next meeting of Planning & Zoning Commission. c. Harry Paxson Chairman Griffin recognized Mr. Harry Paxson appearing in representation of temporary mobile home permit renewal at 1607 E. Denman. Mr. Paxson stated that there were no problems with location of the mobile home and that conditions had not changed. There was no opposition present.

3 3 Motion was made by James Gibbs and seconded by J. T. Hopson that temporary mobile home permit be renewed for a period of six (6) months. d. Dannie K. Daniel Chairman Griffin recognized Mr. Dannie Daniel appearing in representation of temporary mobile home permit renewal at 2705 E. Denman Ave. Mr. Daniel stated that there were no problems with the location of the mobile home and that conditions had not changed. There was no opposition present. Motion was made by James Gibbs and seconded by J. T. Hopson that temporary mobile home permit be renewed for a period of six (6) months. e. Delbert B. WaIler Chairman Griffin recognized Mrs. WaIler appearing in representation of temporary mobile home permit renewal at 903 Sunset Blvd. Mrs. WaIler stated that there were no problems with the location of the mobile home and that conditions had not changed. There was no opposition present. Motion was made by James Gibbs and seconded by J. T. Hopson that temporary mobile home permit be renewed for a period of six (6) months. f. Bill Stewart Chairman Griffin recognized Mr. Bill Stewart appearing in representation of temporary mobile home permit renewal at corner of Fuller Springs and Ponderosa. Mr. Stewart stated that there were no problems with the location of the mobile home and that conditions had not changed. There was no opposition present. Motion was made by James Gibbs and seconded by J. T. Hopson that temporary mobile home permit be renewed for a period of six (6) months. g. Roy Goeyns Removedi Chairman Griffin stated that temporary mobile home permit for Roy Goeyns located at 1611 Sayers St.was no longer necessary and mobile home had been removed from the location. h. A.L. Wood Removed Chairman Griffin stated that temporary mobile home permit for A. L. Wood located at 1300 Epley Street was no longer necessary and mobile home had been removed from the location.

4 4 5. Final Approval of Construction Plans Crown Colony, Sections 6A & 9 Chairman Griffin recognized Kenneth Vann and Rick Freeman, Griffith Engineers, appearing in representation of final approval of construction plans for Crown Colony, Sections 6A and 9. Plans were reviewed by members of Commission, and Kenneth Vann recommended that plans be approved subject to approval by City Administration of bond or letter of credit from the bank. Motion was made by Velma Reese and seconded by Joe Floyd that final approval be granted subject to receipt of a bond or letter of credit from the bank. 6. Temporary Mobile Home Permit Doug Thompson Chairman Griffin recognized Mr. Doug Thompson appearing in representation of temporary mobile home permit application for the location of a mobile home at Medford Drive. Mr. Thompson stated that he had experienced numerous acts of vandalism and robbery at his mobile home sales lot. Mr. Thompson further stated that the Planning & Zoning Commission had granted him a temporary mobile home permit in the past for the same reasons, but he was unable to find anyone qualified to serve as a security guard and live in the mobile home. Mr. Thompson further stated that he now had an expoliceman of the City of L.ufkin qualified to be a security officer who had agreed to occupy the mobile home. There was no opposition present. Motion was made by Dayle Smith and seconded by J. T. Hopson that temporary mobile home permit be approved. A unanimous affirmative vote was recorded. 7. LB to CB Sabine Investment Co. Chairman Griffin recognized Mr. Ray Faircioth appearing in representation of zone change application by Sabine Investment Company covering property located at lots 2,3,&4of Crown Colony, Section 1, fronting on U.S. Hwy. 59 between Temple Blvd., and College Drive from Local Business to Central Business. Mr. Faircloth stated that the zone change of a billboard advertising Crown Colony. definite location on the ~lots had not been and the size would be approximately 8 x was necessary to allow installation Mr. Faircloth stated that a determined for the billboard 12 with an artistic type sign. Motion was made by J. T. Hopson and seconded by Joe Floyd that zone change application be recommended to City Commission for approval. 8. Revous C. Taylor LB to C Chairman Griffin recognized Mr. Revous Taylor appearing in representation of zone change application covering property located at 813 Kurth Drive

5 5 between Simon Street and Sayers Street from Local Business to Commercial. Mr. Taylor stated that he planned to immediately begin operation of a used car lot and had plans for a beauty supply house in the future. Mr. Taylor stated that the size of the property was three fourths (3/4) of an acre. Mr. Lewis owner of Lewis Tourist Court was present to inquire of Mr. Taylor if he planned to open a private club on the premises. Mr. Taylor stated that he had no plans for a private club, and Chairman Griffin informed Mr. Lewis that a special use permit would be required for the operation of a private club. Motion was made by Dayle Smith and seconded by Velma Reese that zone change application be recommended to City Commission for approval. 9. James W. Harkness LB,C,SU to C Chairman Griffin recognized Mr. James Harkness appearing in representation of zone change application covering property located at 2409 E. Lufkin Avenue between Sandy Lane and Medford Drive from Local Business, Commercial, Special Use to Commercial. Mr. Harkness stated that his plans were to sell portable buildings, and that he had been approached by the Purolator Courier Corp. to build a warehouse for their use on his property. Mr. ljarkness further stated that the corporation uses only vans, and the traffic would not be heavy. There was no opposition present, but Mr. Jimmy Coutee questioned the effect the zone change would have on his residential property adjacent to Mr. Harkness. Chairman Griffin assured Mr. Coutee that this zone change Would. not effect the present zoning of his property. Motion was made by J. T. Hopson and seconded by Joe Floyd that zone change application be recommended to City Commission for approval. 10. Exeter Investment Corporation C to C, SU (Item 16 Private Club) Chairman Griffin recognized Mr. Charles Crowson representing Exeter Investments application for zone change covering property located at 3009 John Redditt Drive between Mott Road and Timberland Drive from Commercial to Commercial, Special Use (Item 16 Private Club). Mr. Crowson stated that the special use designation was needed to allow the Mr. Gattis Pizza Restaurant to serve beer with their pizza. Mr. Crowson further stated that the building for the restaurant was now under construction and would be completed by June 1. There was no opposition present. Motion was made by Dayle Smith and seconded by James Gibbs that zone change application be recommended to City Commission for approval.

6 7 Property owners present in opposition stated that residential would be the best use for the land, or even townhouses that would be purchased instead of rented which would insure better upkeep of the property. Mr. Borgfeld stated that it was not feasible to build residential homes on the property because 15 acres is too small for a subdivision, and he felt the apartments were an acceptable use of this property. Yelma Reese stated that she was concerned about the creek, and the number of times that its channel had been changed in the past years. J. T. Hopson stated that the creek would be a big problem, and the area would be too dense with such a large number of apartments. Joe Floyd stated that the Planning & Zoning Commission is to maintain order in neighborhoods and preserve the attractive areas presently in the City. Motion was made by Joe Floyd and seconded byj. T. Hopson that recommendation to the City Commission be denied. The following vote was recorded; Aye Chairman Griffin, Reese, Smith, Hopson, and Floyd; Nay James Gibbs. Chairman Griffin declared motion passed by a majority vote of S to 1. James Gibbs stated that he voted Nay because the Planning & Zoning Commission was only a screening board, and the applicants have the right to a City Commission hearing. Mr. Gibbs further stated that as the City progresses this area will be developed, and he felt the applicants could construct something that the City would be proud to have. 13. John Lee Slaughter RL to CB Chairman Griffin recognized Mr. John Lee Slaughter appearing in representation of zone change application covering property located at 907 Pershing between Calvin Street and Bynum Street from Residential Large to Central Business. Mr. Slaughter stated that he had purchased property next to his business to expand his warehouse facility. Mr. Slaughter stated that the house presently on the property would be moved and the new warehouse would consist of 2,500 square feet. There was no opposition present. Motion was made by Dayle Smith and seconded by J. T. Hopson that application be recommended to the City Commission. A unanimous affirmative vote was recorded. 14. NR~to LB Recommendation Denied Johnnie L. Casper Chairman Griffin recognized Kathleen Devanney, from Professional Realty appearing in representation of zone change application by Johnnie L. Casper covering property located at 1815 Atkinson Drive between Brasell Street and Oleta Street from Neighborhood Retail to Local Business.

7 8 Mrs. Devanney stated that previous zone change obtained by Mr. Casper did not cover activities presently being performed at the location. Mrs. Devanney further stated that Mr. Casper was repairing automobile engines at present which is not permitted outside the building under the NR zone. Chairman Griffin stated that the original zone change was given for operation of a service station on the property, which the Commission felt would be in harmony with the neighborhood. Chairman Griffin stated that the Commission was concerned about the general appearance of the outside of the shop because of the residential area and the museum across the street. Mr. Casper stated that there was no opposition present at the original zone change, and he had been conducting the same type of work for the past six (6) years. Chairman Griffin stated that the former business on the property was in violation and the area was not kept clean which detracted from the surroundings. Chairman Griffin further stated that since the business was in operation and nonconforming the Commission had tried to compromise within that category, but auto mechanics tend to leave automobile parts lying around property and the appearance is not condusive to the neighborhood. Roger G. Johnsoon, Assistant City Manager, stated that the problem with the former business at this location was that it became a junk yard with vehicles stored there for long periods of time. Chairman Griffin stated that the museum is advertised all over Texas and the area should be kept clean for visitors, and the neighborhood retail zone does not permit any car repairs. Mr~ Casper stated that a City Inspector had advised him that he could not sell cars on his property and operate his shop under the present zone. Chairman Griffin stated that the records reflect that the Neighborhood Retail zone was for the purpose of a gas station with minor repairs, and car sales were not discussed. The following persons appeared in opposition to application: J.D. Meek, Mr. Adams, & Mr. Hughes. The following opposition was voiced: a. b. Additional traffic. Destruction of quiet neighborhood Roger G. Johnson, Assistant City Manager, stated that Mr. Casper purchased the property thinking it was zoned for a garage because this activity was being conducted at time of purchase. Motion was made by Dayle Smith and seconded by J. T. Hopson that recommendation be denied approval to City Commission. A unanimous affirmative vote was recorded. 15. Mrs. B.N. Lively RL to LB Chairman Griffin recognized Mr. Phil Medford appearing in representation of zone change application by Mrs. B. N. Lively covering property located at

8 , Tabled J. L. Johnson, Jr. RL to LB Chairman Griffin stated that in the absence of a representative for the J. L. Johnson, Jr. zone change application covering property located at 1909 Pin Oak Lane between John Redditt Drive and Gaslight Square Blvd. from Residential Large to Local Business this item would be tabled until the end of the meeting. Due to the failure of representative to appear, item was tabled until the next regular meeting of Planning & Zoning Commission. 12. Recommendation Denied Joe Elliott, and Will Zbranek RL to A Arthur Temple Ill Chairman Griffin recognized Mr. Walter Borgfeld, representing zone change application by Arthur Temple, Joe Elliott, and Will Zbranek covering property located on Loop 287 between Reen Drive and Pershing from Residential Large to Apartments. Mr. Borgfeld stated that the zone change was necessary to allow his clients to build a 160 unit apartment complex on the 15 acres of land. Mr. Borgfeld stated that there would be 90 two (2)bedroom units, and 64 one (1) bedroom units consisting of the same type construction used in the development of the Woods Apartments at the entrance to Crown Colony. Mr. Borgfeld further stated that his clients planned to spend $2,500,000 in the construction, and the units would be priced between $270 and $400 per unit. Mr. Borgfeld stated that the developers policy would provide a minimum age of 18, and every effort would be made to preserve the wooded area, with construction of units at rear of property and swimming pool in the center. Mr. Borgfeld stated that there were no plans at present for development of open area between the units and Loop because of flooding problem in the area. Mr. Borgfeld stated that the owners had agreed to construct a six (6) foot sight bearing fence between St. Cyprians property if children under 18 are permitted in the apartments. Mr. Borgfeld stated that traffic exiting from the property would be required to turn right because there is no crossover at this area of the Loop. Chairman Griffin stated thatth~ developers might consider construction of an acceleration lane because of the curve immediately before the entrance/exit road. Chairman Griffin asked what plans were being made for drainage control. Mr. Borgfeld stated that drainage planning had not reached this stage of development. Chairman Griffin then asked for a show of hands~indicating opposition to the~appiication, and approximately 20 persons were recognized. The following spoke in opposition; Gene Tate, Steve Kendrick, Melvin Stewart, James Richardson, Jack Boswell, Jane Richards, Bayo Hopper, and Gary Adams. The following points of opposition were stated: a. b. c. d. e. f. g. devaluation of property additional traffic in area overloading of school in area drainage problem caused by construction 1 8 year old age limit impossible to enforce destruction of quiet neighborhood density too great for the amount of land

9 9 510 Moore Avenue between North Raguet and Douglas Street from Residential Large to Local Business. Mr. Medford stated that Dr. Rick Hurst and Dr. Allen Hubbard would like a zone change to operate their practice of Oral Surgery in the house presently on subject property. Mr. Medford further stated that his clients would be spending $20,000 for installation of the equipment, and because of the nature of their practice the number of patients would be limited. Mr. Medford stated that part of the vacant lot wouldbe paved for parking. There was no opposition present. Motion was made by Dayle Smith and seconded by Joe Floyd that zone change application be ~recommended to City Commission for approval. 16. Reen Street area of Loop Discussed Loop Development Policy James Gibbs stated that the Planning & Zoning Commission had agreed with Reen Street property owners and others in this area that the land between Reen Drive and Pershing would not be developed until the Loop was completed. James Gibbs further stated that the Loop was now finished, and consideration should be given to same. Joe Floyd stated that the Planning & Zoning Commission has an obligation to the residential property owners in development of this area. Chairman Griffin stated that the Commission should be following a plan for orderly development of property in this area. 17. There being no further business for consideration, meeting adjourned at 7:00 p.m. amuel D. Griffin, Chair~a~ Ci y Secretary /