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HomeMy WebLinkAbout1974-10-22 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 4:00 P. M. Tuesday, October 22, 1974 in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Morton Morton Gitelman, Al Hughes, Ernest Jacks, Rita Davis, John Powers, Ernest Lancaster. Donald Nickell, Helen Edmiston, John Maguire. Bobbie Jones, Larry Wood, Bill Green, Mayor Purdy. Gitelman called the meeting to order. MINUTES The minutes of the October 8, 1974 Planning Commission meeting were approved as distributed. SOUTHWESTERN BELL TELEPHONE CO. 138 North East Avenue The first item for discussion was a conditional use request and off-site parking request submitted by Southwestern Be11 Telephone Company to expand their building at 138 North East Avenue. The Planning Commission was asked to approve use of parking on Telephone Company property which lies across a platted alley from the building. Since Use Unit 3, under which this use is classified does not set out a basis for computing the number of parking spaces required, the Planning Office felt that it was the duty of the Planning Commission to stipulate the number of parking spaces which it felt this use would require in considering the conditional use request. Ernest Lancaster arrived at 4:05 P. M. Mr. Bill Green of the Southwestern Bell Telephone Company was present to represent. Mr. Green said that their building at present was primarily equipment and their public office was 2 lots down from this. He said they plan to build a full third floor on the building where they presently have equipment and an Operation Center on the first floor. He stated they plan to put in electronic switching which has to be in service before the other equipment is removed. Ernest Jacks asked Mr. Green if he could give Bobbie Jones, Planning Administrator, an approximation of the square footage devoted to office space Mr. Green said this information was in a letter that was submitted to the Planning Office but he could not recall off -hand the amount of square footage that would be used for office space. Ernest Jacks moved that the Planning Commission approve the conditional use request and approve the off-site parking and ask the owner to furnish the Planning Office with the amount of square footage of the building devoted to offices (including the people who work there) so that the number of parking spaces can be determined using a ratio of 1 parking space for every 300 square feet of building devoted to office use. Ernest Lancaster seconded the motion. (If they do not have the required amount of parking spaces, this will have to go before the Board of Adjustment for a variance of the number of parking spaces required.) There was no further discussion. The motion carried unanimously with a vote of 6-0. • Planning Commission -2- October 22, 1974 USE UNIT INTERPRETATION Package Liquor Store The next item for discussion was a request for Jerris Duncan interpretation of use units to determine the zone in which a "package liquor store" should be located which was submitted by Jerris Duncan. Planning Administrator, Bobbie Jones, said the use units do not in any way classify "package liquor stores." In the past they have been interpreted as being included with the taverns and nightclubs which are permitted only in a C-2 or C-3 Zone and not in a C-1 Zone. Mr. Duncan requests to build a package liquor store on his own property in a C-1 Zone. Mr. Duncan was not present. Ernest Jacks stated he thought that Use Unit 14, which is hotels, motels, and recreational uses, would not be the proper place under which to put package liquor stores; whereas Use Unit 15 (Neighborhood Shopping Goods) and Use Unit 16 (Shopping Goods) would be more related to this use. Larry Wood, Planning Consultant, agreed with Mr. Jacks on this. Mr. Gitelman pointed out that if the Planning Commission interprets Use Unit 15 or 16 there would have to be a place found already in the ordinance that gives a basis for interpretation; otherwise, a public hearing should be held and the ordinance amended to add package liquor stores to Use Units 15 and 16. If it were placed in Use Uni;ti5 this usage wou1d_then be allowed in C-2, and C-1 Zones; whereas Use Unit 16 would only allow this in C-2 or C-3 Zones. Al Hughes said if the previous zoning ordinance was to be followed this use would be only in Use Unit 16; if the Planning Commission wanted to put this in with neighborhood shopping centers, this should also be put in with Use Unit 15, as well as Use Unit 16. Ernest Jacks moved to call a public hearing to propose this usage --"package liquor stores" under Use Units 15 and 16. Morton Gitelman and Rita Davis seconded the motion. The motion carried unanimously by a vote of 6 "Ayes." CITY OPERATION CENTER 1501 Cato Springs Road Chairman Gitelman opened the discussion on the Large Large Scale Development Scale Development Plan to place a storage building on the City Water and Sewer Department's Operation Center property at 1501 Cato Springs Road. Ernest Jacks, told the Planning Commission that the Subdivision Committee found no problems other than the requirement that 5 feet of additional right-of-way had to be dedicated on both Cato Springs Road and along Highway 265 South and recommended that this Large Scale Development be approved with this provision. Mr. Jacks moved that the Large Scale Development Plan of the City Operation Center be approved providing that 5 feet of additional right-of-way along Cato Springs Road and Highway 265 be dedicated. Al Hughes seconded the motion. There was no further discussion. On a vote of 6 "Ayes," the motion was unanimously approved. OTHER BUSINESS Bobbie Jones, Planning Administrator, said she had a request to allow a V. F. W. Thrift Store, which would handle used furniture and clothing similar to what the Salvation Army and Abilities Unlimited now operate, to be located in what used to be "Big Daddy's" service station at School and Mountain Streets. This is in an R-0 (Residential -Office) Zone and would require that a change of non- conforming use be approved by the Planning Commission. There was no one present from the V. F. W. to represent. • 1. r Planning Commission October 22 1974. Mr. Jacks asked how long this building had been abandoned. Ernest Lancaster commented that this had been a barber shop for quite some time but he did not know how long it had been empty. Bobbie Jones, Planning Administrator, stated if this was a non -conforming use Article4, Section 1 says that a sign could not be placed (where it can be seen from off the premises.) Mr. Hughes said that the only sign was across the top of the building and felt there was no reason why the name on the existing sign could not be changed. Chairman Gitelman felt this could be interpreted as stating they could not hang a new sign. Mr. Jacks moved that the Planning Commission approve the change of non -conforming use with the provision that it be determined that the previous non -conforming use has not been abandoned over 6 months. Chairman Gitelman suggested that Jim McCord, City Attorney, be consulted as to the meaning of "Abandoned." Larry Wood, Planning Consultant, stated that if the V. F. W. was considered a "social agency," this would be permitted in an R-0 Zone. Ernest Jacks felt this did not fall into that category. Ernest Lancaster seconded the motion. The motion was unanimously approved by a vote of 6 "Ayes." J. Bernard Dresselhaus Chairman Gitelman asked Mayor Purdy why the recommendation Rezoning Petition R74-12 on the Dresselhaus application had been referred back to the Planning Commission. Mayor Purdy said that people with legal representatives appeared at the Board of Directors meeting and insisted that this would be done strictly so that a man could sell a piece of property to a company that wants to use it as a chicken storage and transfer house. He said the people that wanted it did not even show up for the meeting to express any opinions on it. He said it was a matter of this being for a specific purpose which was highly undesirable to the people across from this as the chicken trucks would be going in and out frequently. Mayor Purdy felt that if it came to a vote that it would be turned down. Al Hughes said the use was brought out to the Planning Commission at the first meeting when representatives of both the petitioners and the opposition were present. It was brought out that there were no representatives of either side present when the action was taken by the Planning Commission. Mayor Purdy said this was the reason for sending it back to the Planning Commission. Chairman Gitelman said that the use was not discussed at the Planning Commission meeting at which the Planning Commission action was taken but was not part of their determination anyway. He said maybe this was because the people that were across the street from this were not around when it was approved and that another public hearing would be held on the Dresselhaus application at the next Planning Commission meeting. There was no other business. The meeting was adjourned at 4:31 P. M.