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U _ M 7a 4 is ry I • 1 Chairman Swaim declared the public hearing open on the petition of Earl Bellamy for a- change in zoning from a One Family Dwelling District No. 3 (SF -3) to a Commercial District (C) on part of Lot 3 and all of Lol 4, City Block 266 located on the northside of Martin Luther King, Jr. Drive at its intersection with 20th N.E. and F.M. 195. Don McLaughlin, attorney, represented the petition stating that he owns an interest in the property and that over the years, portions had been sold off. He said the 35 acre tract needs to be developed in a proper manner to over come the problems with streets and drainage associated with it and he believed that Mr. Bellamy and others who have an option to purchase the tract would carry out such a development. He said their plans call for the extension of 20th N.E. to the north and the extension of E. Hickory Street from 17th N.E. to the east. He pointed out that the 20th N.E. extension would relieve commercial traffic now on 17th N.E. Dr. Bellamy presented a tenative plan of the tract showing the proposed streets, including a street for residential development abutting the homes on the south end of 17th N.E. Mr. Lucius Joe, 1610 17th N.E. and Marilyn Bailey, '1345 20th N.E. were present as interested property owners. They did not object to the zoning but wanted their homes screened from the commercial development. Mr. Don Wilson advised the Commission that upon the sale or development of the tract adjacent to Ms. Bailey and the tract behind the homes on 17th N.E. north of Hickory Street, a screening fence ;could be erected'by the developer to separate the Commercial and residential uses. No one else spoke and the public hearing was closed. Following discussion, a motion was made by Mr. Hiidreth, seconded by Mr. Davidson to recommend approval of the change. The motion carried 6 ayes, 0 nays. The Replat of part of Lot 7, City Block" 329 was recommended for approval on a motion by Mr. McMonigle, seconded by Mr. Nutt, subject to the exceptions listed in City Engineer's Memorandum dated March 4, 1985, marked Exhibit A and attached hereto. The motion carried 5 ayes, 1 nay. Mr." Davidson voted nay. Mr. Smith, the owner, had requested waiver of the curb and gutter requirement due to the condition of 41st S.W. which has a high crown, but the Commission, with the exception of Mr. Davidson, felt that to be consistant, the curb and gutter should be installed. Mr. Pine, City Engineer, requested the Commission to grant a waiver of drainage requirements on the Paris Bible Church plat which involves the construction of a low flow concrete channel across the property. He explained that th-e ditch flows to a box culvert under 19th N.W. which is inadequate in size and a concrete lined ditch would speed up the flow of water to that structure and create flooding problems. He went on tb say that the owner had no objection to installing the concrete channel but he felt it was in the City's interest that it not be built at this time because of the flooding potential. i re4 41114