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07/14/1987-PZ-Minutes-Regular/4,. ( '· MINUTES: Planning & Zoning Commission July 14, 1987 MEMBERS PRESENT: Chairperson Billye Hollingsworth, Tommy Kincaid, Eileen Brittian, Ken Howard, Charles Kesseler, & Fred Yeatts OTHERS PRESENT: Steve Shutt, Rose Shuffield, W. L. (BilU Enlow, Prentice Preston, Steve Belknap, Don Henderson, Lynn Price, Ci9ily Price, Treva Anderson, Lola Majors, Willie J. Scott, Annie G. Ridge, Laverne Gentle, w. c. Henderson, Howard Jones, Helen Johnson, Laise Jones, Mae Jones, Geneva Smith, Pauline Henderson, Arlene Thomas, Samuel Jones, Irene Parramore, and Lee Lawrence 1. Chairperson Billye Hollingsworth called the P. & z. Meeting to order. 2. Minutes from the Joint Meeting with P. & z. & City Council were approved with one correction on #3 -2nd paragraph, the word cause to be changed to because. 3. Consider and Possible Action on Dr. Downs Property, 82 acres, proposed usage of property, was represented by Steve Belknap and Prentice Preston to speak. 4. Mr. Belknap went over the presentation of the proposed usage of the property. This item was discussed with P. & z. members thoroughly. There was no action taken due to the fact that a request for rezoning from Agricultural Planned Unit Development was not made. This request was not the original zoning request that had been submitted the first time. Mr. Belknap and Mr. Preston did not realize that they had.to,·submit another petition request since they thought all this had to do with present proposed usage on the property. A rezoning classification must be published in the paper and the property owners must be notified for all rezoning changes. Charles Kesseler made a motion to table this item until the next agenda. This will allow a petition to be resubmitted and notification of the rezoning classification to be republished in the paper and property owners to be re-notified. Ken Howard seconded. Motion carried. Voted unan. (Scheduled to meet for a Special Session on August 30, 1987 at 7:00 P.M.) Consider and Possible Action on the Proposed Zoning Ordinance and zoning map. Steve Shutt read the name_s on the petition presented by Treva B. Anderson, Mr. & Mrs. Sylvester Royal, T. Jones, Samuel Jones Sr., Helen Johnson, Willie Mae Patterson, Annie M. Ridge, Annie M. Punch, and Mae Jones concerning their zoning on their properties. p & z _July 14, 1987 Page 2 Presently their properties are zoned Industrial Requesting Residential for properties located on 1241 Tierwester, Sht. 2, Tract 77, 78, 85, 7, 83, 86, 84, 79, and 81. Steve Shutt did make these citizens aware of all the possibilities of zoning their property down as opposed to leaving it as Industrial. These properties have always been zoned Industrial. Discussion. It was noted that Charles Freeman had not signed the petition. P. & z. did inform these people that Mr. Freeman's property could not be rezoned down. Lee advised that if the P. & z. wanted to zone this property down their motion had to be made to return these properties to residential zoning that it be appropriate.for the lot sizes in that area. Ken Howard made a motion to take their property to be zoned back from Heavy Industrial to SF 3. Tommy Kincaid seconded. Motion carried. This recommendation to be presented to City Council on July 20, 1987 at the City Council Meeting. 6. Mr. Bill Enlow spoke regarding his property (garage) located on the corner of 5th Street and Wood as proposed on the new zoning ordinance and map. Bill Enlow is zoned residential zoning but is requesting commercial zoning. He was concerned that if his property was ever sold if the property could be used for what it is being used now. Lee Lawrence stated that this is a spot zoning. It is located in a residential area. Lee Lawrence stated that that area be residential zoned instead of commercial. Discussion. Lee stated that they leave it residential and maybe a waiver be given that area. Lee stated that they lmto decide whether it is appropriate to have commercial uses in a residential area. If they allowed commercial use in that area, they could not deny the next person that came along the same use. Charles Kesseler stated why couldn't a variance be given and that way spot zoning wouldn't have to be considered. In doing this anyone who bought the property could maintain it as a commercial business. Lee stated that a grant.request cannot be done because a change request has not been advertised. They could grant a waiver or a variance for the six month provision which exists on the proposed ordinance and recommend to Council that the provision ( p & z July 14, 1987 'Page 3 for a discontinuation 9f use for this particular property other th~n six months. made a motion that Bill Enlow be granted a variance to maintain a legally nonconforming use for Ken Howard to be able 24 months of land. instead of six months for that particular tract Tommy Kincaid seconded. Motion carried. P. & Z. went over all the letters on the zoning request. Mrs. o. M. Gentle requested zoning from business to residential on her proi;erty at 503 S. 2nd, Richard Muir requested B2 from Multi-Family, John Springer requested property on Old 77 and Int. 35 to remain Light Ind. than proposed Commercial, W. K. Pate requested his property on FM 455 and 10th that runs into 8th to remain zoned as Light Industrial, Mariana c. Matthews requested property on Lots llA, 11-13 in Sanger South be zoned local retail. Charles Kesseler made a motion to accept all the letters as presented. Tommy Kincaid seconded. Motion carried. 4. Consider and Possible Action regarding variance request for Roberta Court on Lot 12, Block 1, in Bourland Addition. Motion was made by Tommy Kincaid and seconded by Ken Howard to accept request for Roberta Court on Lot 12, Block 1, in Bourland Addition. Meet~ng adjourned.