being present Velma Reese Ecomet Burley Tommy Deaton Vice Chairman Member Assistant City Attorney

Transcription

1 : MINUTES OF REGULAR MEETING OF THE CITY PLANNING AND ZONING COMt {ISSION OF THE CITY OF LUFKIN, TEXAS, HELD ON THE 14TH DAY OF MARCH, 1983, AT 5:00 P.M. On the 14th day of March, 1983, 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, to wit: Samuel D. Griffin Dr. Ned Barrett, Jr. Jim Partridge Joe Floyd J. T. Hopson Edward Richie Harvey Westerholm Brian Boudreaux Ann Griffin Libby Sims David Stephens Ron Wesch Chairman City Planner City Manager Assistant City Manager City Secretary Assistant City Secretary Assistant City Attorney Public Works Director being present and, Velma Reese Ecomet Burley Tommy Deaton Vice Chairman Assistant City Attorney being absent when the following business was transacted. 1. Meeting opened with prayer by Joe Floyd. 2. Approval of Minutes Minutes of regular meeting of February 28, 1983, were approved on a motion by Joe Floyd. Motion was seconded by Dr. Ned Barrett, Jr. and a unanimous affirmative vote was recorded. 3. Temporary Mobile Home Renewal a. Owena Byrd 807 North Avenue Approved Chairman Griffin recognized Owena Byrd appearing in representation of temporary mobile home renewal located at 807 North Avenue. Mrs. Byrd stated there had been no changes or problems with the location of the temporary mobile home. There was no opposition present. Motion was made by Joe Floyd and seconded by Jim Partridge that temporary mobile home permit be renewed for a period of six (6) months. A unanimous affirmative vote was recorded. 4. Permanent Mobile Home Permit Approved John Henry Tatum Chairman Griffin recognized John Henry Tatum appearing in representation of permanent mobile home permit application covering property on Wilson Avenue, Lots 4 & 5, of the E.A. Bandlow Subdivision, located between Cotton Street and Barto Drive. Mr. Tatum stated that he owned half interest in two (2) fifty foot lots that are presently vacant. Mr. Tatum further stated that he wished to place a mobile home on the property which then would be sold under contract to Wesley Sims, who would reside in the mobile home. Mr. Tatum stated that the mobile home

2 2 March 14, 1983 was approximately 12 x 50 feet. There was no opposition present. Motion was made by J.T. Hopson and seconded by Joe Floyd that permanent mobile home permit be approved. A unanimous affirmative vote was recorded. 5. Zone Change Application Recommendation Denied Arthur Bresie RL to A Chairman Griffin recognized Bill Ricks appearing in representation of zone change application by Arthur Bresie covering property located on California Street between Bynum Street and Lotus Lane from Residential Large to Apartment. Mr. Ricks stated that the zone change was needed to allow Mr. Bresie to build four (4) sets of apartments containing four (4) apartments each. Mr. Ricks further stated that the property contained three and one half (3½) acres presently owned by Mr. Bresie and his son. Mr. Ricks stated that the exit from the apartments would be on California Street from a 24 foot private drive. Mr. Ricks further stated that adequate sewer and water was available to the property and a board privacy fence would be built between the closest neighbor and the apartments. Mr. Ricks stated that the apartments would be townhouse style with each having an upstairs and downstairs and no balconies or windows on each end were planned to guarantee the privacy to the neighbors. Mr. Ricks further stated that the use of the property for apartments was felt to be the best utilization because the property is not large enough to have streets to individual houses. Mr. Ricks stated that each apartment would consist of 950 square feet and there are other apartment complexes in the area. Mr. Ricks stated that he understood the neighbor to the northeast of the property was quite upset by the zone change application, i.e. Kenneth Jeffrey and Mr. Bresie had offered to sell the property directly behind to the property owner at a very attractive price. The following persons appeared in opposition to proposed zone change: Jerry Hill, Lesa and Kenneth Jeffrey, Renea Hearn, Betty Reeves. The following points of opposition was stated: a. Sewer is inadequate for additional number of families. b. Area prone to flooding problems. c. The quiet of the older established neighborhood would be damaged. d. California Street is too narrow for increased traffic. e. Apartments would decrease the value of the existing homes. A petition containing 78 individual signatures in opposition to proposed zone change was presented to this Commission by Jerry Hill. Mr. Ricks stated that other apartments were in the immediate area and a adequate sewer line was available to take care of the additional 16 families. Mr. Ricks further stated that the land had been unused for 30 years and the property owner was now attempting to establish best use of the property. Mr. Ricks further stated if there was a problem with the sewer line in the area that problem would exist whether residences or apartments were built on the property. Chairman Griffin stated that the Planning and Zoning Commission has to make a recommendation to the City Commission after examining the total effect a zone change would have on the community and such zone changes should be in conformity with the master plan. J.T. Hopson stated that from the amount of opposition expressed to this Comn~ission~

3 3 March 14, 1983 the zone change apparently would be a hardship to the established neighborhood. Joe Floyd stated that in the past the Planning & Zoning Commission has attempted to preserve residential neighborhoods and he would be opposed to subject zone change. Chairman Griffin stated that the property is in a flood plain area, construction of apartments and paved area would aggravate the water run off, and an extra amount of construction would be required to raise the level of the property, to provide protection from flooding. Chairman Griffin further stated that the additional number of units would be detrimental to the area. Motion was made by Joe Floyd and seconded by Jim Partridge that application for zone change be denied recommendation to City Commission. A unanimous affirmative vote was recorded. Chairman Griffin stated that if applicant should desire the zone change to be considered by the City Commission, four fifths (4/5) of the Commission would have to vote to approve the zone change and for its approval. 6. Zone Change Application Recommendation Approved Larelco, mc, RL to LB, SU (sign) 30 Foot Setback Thoroughfare Development Policy Chairman Griffin recognized Bill Ricks appearing in representation of zone change application by Larelco, Inc., covering property located on Loop 287 and Crooked Creek Drive from Residential Large to Local Business, Special Use (sign) subject to a 30 foot setback under the Thoroughfare Development Policy. Mr. Ricks stated that Larelco was proposing the construction of a deceleration lane prior to the 40 foot driveway into subject property and that two (2) exits from Crooked Creek Drive would be constructed. Mr. Ricks stated that the special use would be required for installation of a sign in excess of the 36 square feet allowed. Mr. Ricks further stated that a landscape area would screen the pumps from view of Loop 287. Mr. Ricks stated that the State Railroad Commission requires a 12 foot setback from the right of way for gas pumps and gas pumps on adjacent property have a 14 foot setback which should make the 30 foot setback of Larelco pumps more attractive. Mr. Ricks stated that the Thoroughfare Development Policy of the City is not an ordinance and has no legal affect. Mr. Ricks stated that the Thoroughfare Development Policy only relates to six (6) main thoroughfares which is very discriminatory, and four (4) out of six (6) votes in the City Commission were in favor of the 30 foot setback for the pumps. Mr. Ricks further stated that the residential customers would be the main source of business, but loop traffic would also be served by the gas pumps. Mr. Ricks stated that because of the pipe line easement across the back of the property it was difficult to move the store building further back to accomondate the 50 foot Thoroughfare Development Policy setback. Chairman Griffin stated that the location of the gas pumps was secondary to the price of the gasoline that would be sold. J.T. Hopson stated that he felt the store would be more appealing to the residences of Crooked Creek if it was located at an angle to provide better view. In response to question by Chairman Griffin regarding landscape area, Bill Ricks stated that if Mr. Smith stated that he would provide the landscape area, he had no doubts that same would be done. Mr. Smith stated that his organization had made a study of existing gasoline pumps in the area and that Larelco was not asking for anything that was not enjoyed by other businesses in the area. Mr. Smith further stated that his

4 4 March 14, 1983 organization was anxious to expand the number of stores and increase employment in the City of Lufkin. Charlie Hamilton, property owner in the area, stated that he was under the impression after reading the Lufkin Daily News that the Larelco application was only for a sign. Chairman Griffin stated that Larelco was applying for a grocery store and a permit to sell gas which would require a LB zoning and the Special Use was for construction of a sign in excess of 36 square feet. The following persons were present in opposition to zone change application: Joan Naff, Richard Pulaski, Roschelle Springfield. The following points of opposition were voiced: a. Traffic would be greatly increased at the intersection of Crooked Creek and Loop 287. b. Duplication of services are not needed in the area. c. Truck traffic at the intersection would be increased. In response to statements made by persons present, Chairman Griffin stated that a great crowd was not needed in the Council Chambers for the Planning and Zofling Commission to made their decision. Chairman Griffin further stated that the question before the Planning and Zoning Commission at this time was whether to recommend the zone change with the 30 foot setback. Verne McClellan stated that he was present because he received notification of the zone change and needed information to decide whether he was in favor or opposition. to same. Mr. McClellan requested information of whether fencing was proposed around subject property, and Chairman Griffin stated that fence was not required and there was no guarantee that same would be constructed. Mr. McClellan stated that he felt the property would never be used for residential purposes, and that he was in favor of the zone change application because of the competition factor in the price of gas. J.T. Hopson stated that he had no opposition to construction of the Okay Food Store, but he would have to vote for the 50 foot setback of the Thoroughfare Development Policy. Jim Partridge stated that he felt the 50 foot setback could not be achieved. Joe Floyd stated that he felt the 50 foot setback was restrictive when adjacent property had installed pumps 14 feet from the edge of the road. Motion was made by Joe Floyd and seconded by Ned Barrett that zone change application be recommended to City Commission as Local Business, Special Use(sign) with 30 foot setback for gasoline pumps. The following vote was recorded: Aye: Chairman Griffin, Dr. Barrett, Jim Partridge, Joe Floyd. Nay: J.T. Hopson. Chairman Griffin declared motion approved by a vote of four (4) to one(1). 7. Preliminary Plat Approved Brentwood Place Subdivision Bob Almand Chairman Griffin recognized George Griffith appearing in representation of preliminary plat of Brentwood Place Subdivision containing approximately six (6) acres located on Brentwood Drive between Champions Drive and FM58, as requested by Bob Almand. George Griffith stated that the preliminary plat for Brentwood

5 5 March 14, 1983 Subdivision had been re drawn with a utility drainage easement added, a cul de sac at the end of a 520 foot street, and a 27 foot wide street with open ditches. Mr. Griffith further stated that the land is the E.T.J. of the City of Lufkin and does not have access to any city street. J.T. Hopson stated that he had no objections to construction of the subdivision but felt that the Planning and Zoning Commission should consider if curb & gutter would be required in the extraterritorial jurisdiction. Chairman Griffin stated that curb & gutter allows a street to remain in better condition for a longer length of time, and curb & gutter could be waived if a substitute proposal were submitted. Chairman Griffin further stated that the street in the Brentwood Place Subdivision would be a County Road with potential of becoming a city street. City Manager Harvey Westerholm stated that he was concerned about how binding the Homeowner s Association would be and why the street would be dedicated to the County. Assistant City Attorney David Stephens stated that in his opinion the City would eventually acquire the street. George Griffith stated that if the property owners asked for annexation at a later time, they would be responsible for assuming the cost of upgrading the street up to City standards. Chairman Griffin stated that a paragraph in the Subdivision Ordinance allows the Planning & Zoning Commission to accept exceptions, but consideration should be given as to how many exceptions would be made and how these would effect future development. Dr. Ned Barrett stated that the cost of installing curb & gutter would have to be added to the price of the lot and there is a limit to what people can afford to pay for the property. Dr. Barrett further stated that the curb & gutter construction would increase Mr. Almand s initial outlay by $1, per lot. In response to question by Chairman Griffin, Public Works Director Ron Wesch stated that the curb & gutter would improve the handling of drainage in the area, open ditches have to be cleaned periodically, and installation of the curb & gutter would decrease the size of the driving surface to 24 feet. Motion was made by Dr. Ned Barrett and seconded by Jim Partridge that preliminary plat of Brentwood Place Subdivision be approved as presented. The following vote was recorded: Aye: Dr. Ned Barrett, Jim Partridge, Joe Floyd. Nay: Chairman Griffin, J.T. Hopson. Chairman Griffin declared motion approved by a vote of three (3) to two (2). Joe Floyd stated that he had voted for the preliminary plat because the location of the land makes it difficult for the owner to utilize same. Joe Floyd further stated that each zone change has to be considered on its own merits. Chairman Griffin stated that he did not vote for the preliminary plat because the City should require curb & gutter on the streets if there is a chance subject property might be annexed. 8. Landscape Ordinance Resolution Recommended to City Commission Chairman Griffin recognized Ed Richie, City Planner, who stated that the possibility

6 6 March 14, 1983 of including landscape requirements in certain sections of the revised zoning ordinance had been presented to Nacy Chancellor, coordinator for Aim for Lovely Lufkin. Mr. Richie stated that Mrs. Chancellor had shown an interest in utilizing this in her award application for the Governor s Community Achievement Award. Mr. Richie stated that the application has to be entered by the end of March and Mrs. Chancellor suggested that a resolution from the City Commission indicating that the landscape requirements would be of value if included in her application. Motion was made by Joe Floyd and seconded by J.T. Hopson that resolution be drafted by City Planner for City Commission approval to consider landscape requirements in the new zoning ordinance where applicable. A unanimous affirmative vote was recorded. 9. There being no further business for consideration, meeting adjourned at 7:20 p.m. Samuel D. Griffin, Ch~man Ann Griffin, City S~,~ary

7 MINUTES OF REGULAR MEETING OF THE CITY PLANNING A1 ~D ZONING CONMISSION OF THE CITY OF LUFKIN, TEXAS, HELD ON THE 28TH DAY OF MARCH, 1983, AT 5:00 P.M. On the 28th day of March, 1983, 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, to wit: Samuel D. Griffin Velma Reese Dr. Ned Barrett, Jr. Joe Floyd Ecomet Burley Edward Richie Harvey Westerholm Brian Boudreaux Ann Griffin Robert Flournoy Ron Wesch Chairman Vice Chairman City Planner City Manager Assistant City Manager City Secretary City Attorney Public Works Director being present and, J.T. Hopson Jim Partridge Tommy Deaton Libby Sims Assistant Assistant City Attorney City Secretary being absent when the following business was transacted. 1. Meeting opened with prayer by Ecomet Burley. 2. Approval of Minutes Minutes of regular meeting of March 14, 1983, were approved on a motion by Joe Floyd. Motion was seconded by Dr. Ned Barrett, Jr. and a unanimous affirmative vote was recorded. 3. Temporary Mobile Home Renewal: a. Dennis Hulett 1918 Cairo Tabled Chairman Griffin asked if there was a representative present in regard to temporary mobile home renewal covering property located at 1918 Cairo. Representative was not present and item was tabled until the end of the meeting on a motion by Velma Reese and seconded by Ecomet Burley. A unanimous affirmative vote was recorded. Representative did not appear by the end of the meeting and item was tabled until the next meeting of the Planning and Zoning Commission on a motion by Velma Reese and seconded by Ecomet Burley. A unanimous affirmative vote was recorded. b. Mrs. Patrick Green 203 E. Menefee Approved Chairman Griffin recognized Mrs. Green appearing in representation of temporary mobile home permit located at 203 E. Menefee. Mrs. Green stated there had been no changes or problems with the present location of the mobile home. There was no opposition present.

8 2 Marbh 28, 1983 Motion was made by Joe Floyd and seconded by Dr. Ned Barrett that temporary mobile home permit be renewed for a period of six (6) months. A unanimous affirmative vote was recorded. 4. Zone Change Recommended to City Commission Sabine Investment Crown Colony Section XI D to A, SU (Condominiums or Townhouses, Six Foot Bearing Fence on North & South Boundary Line Required, 15 Foot Building Setback on South Boundary Line Reguired) Chairman Griffin recognized Ray Faircioth appearing in representation of zone change application by Sabine Investments covering property located on Champions Drive, Crown Colony Section XI, located between Brentwood Drive and Champions Drive, north of Windsor Court covering 3.5 acres from Duplex to Apartments. Mr. Faircloth stated that the subject property was located between single family lots and the new elementary school, and the buyer planned to construct condominiums similar to the units adjacent to Crown Colony Clubhouse. Mr. Faircloth further stated that entrance to the property would be from Champions Drive, but plans have not been prepared indicating layout of the condominiums. Mr. Faircioth stated that there were three (3) single family houses presently on Windsor Drive all of which have erected six (6) foot board fences, and Crown Colony proposed to screen vacant lots with a similar type of fence. The following property owners were present in regard to zone change application: Cecil Muckelroy and Mrs. Avery Bradley. Mr. Muckelroy stated he had no specific objections to the proposed zone change, but would like to have a clarification of whether the construction would be for condominiums or apartments. Mr. Muckeiroy further stated that he was interested in whether the construction would lower the property value of his home and increase the insurance rate for his property. Chairman Griffin stated the construction of the proposed condominiums would determine whether the property values were lowered and City requirments for space between buildings would protect the fire rating of Mr. Muckelroy s property. Ray Faircioth stated that Sabine Investment would prefer a special use designation on the zone change to assure that apartments would not be built on the property. Mr. Faircloth further stated that Crown Colony would prefer that there were no openings onto Brentwood Drive to allow through traffic onto Champions, and a greenbelt restriction could be required by Crown Colony on the back of the lot to prevent same. Mr. Faircloth stated the builder was considering approximately 50 units of one(1) and two(2) bedroom construction. Motion was made by Velma Reese and seconded by Joe Floyd that zone change be recommended to City Commission for designation from Duplex to Apartment, Special Use (Condominiums or Townhouses, Six Foot Site Bearing Fence on North and South Boundary Line required, 15 foot building setback on South Boundary Line required). A unanimous affirmative vote was recorded. 5. Curb & Gutter Requirements for Subdivisions Discussed Film Strip Reviewed Revising and Updating Your Zoning Ordinance Chairman Griffin recognized City Attorney Bob Flournoy who stated that he would like to have some input from the Planning and Zoning Commission regarding curb and gutter requirments for subdivisions inside the City and in the ETJ. City Attorney Flournoy stated that the Subdivision Ordinance is not clear regarding the restrictions for curb and gutter streets in developments, and there was a need for re drafting of same according to the thoughts of the

9 3 March 28, 1983 Planning and Zoning Commission. City Attorney Flournoy requested consideration of the possibility of having provisions for streets that are installed by developers and controlled and owned by a Homeowners Association. City Attorney Flournoy further stated it would have to be understood that the Homeowner Association will own the streets with the City having no responsibility whatsoever, but this could not be permitted if it is a street dedicated to either the County or City because it then becomes responsibility of the City to bring the street up to standards. City Attorney Flournoy stated that if the streets were controlled and maintained by a property owners association, property owners would jointly own same, and the City would never have an obligation of maintenance. City Manager Westerhoim stated that if you allowed a Homeowners Association to be responsible for streets in a subdivision, the only person that would benefit would be the developer who would make his money and property owners would have the maintenance burden. Chairman Griffin stated that unless there is a central authority designated to determine that the streets have to be fixed and each property owner is billed accordingly, the streets would never be repaired. City Attorney Flournoy stated that there might be some situations where less restrictions would be required and provision should be made for different types of street materials such as brick with minimum specifications being established while deciding if variances are to be allowed. Chairman Griffin stated that he would like to see a suggested modification of the curb and gutter ordinance for the Planning and Zoning Commission to consider. Velma Reese stated that if restrictions are lowered in the ETJ, developers are encouraged to develop outside the City, leaving undeveloped land inside the City where restrictions are greater. City Attorney Flournoy stated that he was concerned about subdivisions that have not met curb and gutter requirments but still have an acceptable street. Velma Reese stated a street is acceptable if all problems are met even if different methods are used. Ed Richie stated that he understood the City Attornoy was suggesting that the Subdivision Ordinance would have two (2) sets of paving requirements, and if the developer does not wish to provide curb and gutter other guidelines would have to be met. City Attorney Flournoy further stated that he felt that in the future more people would want to restrict outside entrance to subdivisions by erecting a gate and something should be drafted to set guidelines for this type of construction. City Planner Ed Richie stated that he had a slide presentation entitled Revising and Updating Your Zoning Ordinance that he would like members of the Planning and Zoning Commission to preview at this time. 6. There being no further business for consideration, meeting adjourned at 6:50 p.m. Samuel D. Griffin, 9~ irman

10 4 March 28, 1983 &Y~J Ann Griffin, C~retary