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HomeMy WebLinkAbout06.02.83MINUTES Planning and Zoning Commission June 2, 1983 7 :30 P.M. Members Present: J. Q. Galloway, Chairman Jim Barks Cliff Miller Sheila Roberts Gary L. Davidson Darrell Grieme George Willis Members Absent: C. B. Franklin John Morris Others Present: Leah Rogers, Zoning Inspector Gary Winn, Building Official W. E. Knowles, City Manager Bill Colbert, City Attorney Steve Harriett, Assistant City Manager The meeting was called to order at 7:30 P.M. by the Chairman, J. 0. Galloway. The first item was a Public Hearing to consider a Conditional Use of used automotive sales to be generally located on the south side of First St. and west of Persimmon Ave. in the GC -2 zoned district. There was no one to speak in favor. There was no one to speak in opposition. The Zoning Inspector was requested to contact the proponent by telephone and notify him that the Public Hearing will be held at the next scheduled meeting and if he is not present he will have to reapply and file a new application. The next item was a Public Hearing to consider the Conditional Use for the sale of alcoholic beverages for consumption on the premises to be located at 119 S. Magnolia Ave., represented by Flora Buzlea. Mrs. Buzlea is the owner and said she will operate a supper club with hours for lunch 10:30 A.M. to 2:30 P.M. and from 5:00 P.M. to midnite, except on Friday and Saturday when the hours will be 5:00 P.M. until 1:00 A.M. and closed on Sunday. Present to speak in opposition was Mrs. Eleanor Russell, property owner in the area and she said she objects to alcohol in the area because of former problems with another establishment. Mrs. Buzlea said she felt any problems could be resolved. After discussion, Mr. Barks said that in the interest of seeing property revitalized he would move to approve the conditional use. Mr. Miller seconded. There were three votes in favor and three in opposition. Motion carried by the affirmative vote of the Chairman. The next item was a Public Hearing to consider a change and amendment to Ordinance 1097, Appendix A, Article 10 E., Off- Street Parking, in SC -3, Special Commercial District by not requiring off - street parking for commercial uses with 1,000 sq. ft. or less sales area, within 800 ft. of a city -owned parking lot. Mr. Winn was present and said the present distance of 300 ft. is not practical and he believes it was a typographical error some time in the past. Mr. Barks moved to recommend the change and amendment. Mrs. Roberts seconded. Motion carried. MINUTES - Planning & Zoning Commission - June 2, 1983 - 7 :30 P.M. Page 2 The next item was a discussion Inverse Condemnation with Mr. Knowles and William Colbert present with information pertaining to inverse condemnation where rezoning is concerned. Mr. Colbert talked about eminent domain, which is the taking of property for which you pay a full value, and inverse condemnation which could be the deprivation of the full use of property by rezoning. He quoted sections of the State Statutes which deal with inverse condemnation as it pertains to various action involving property and the "taking" or not "taking ". Mr. Knowles said that the area being considered for rezoning to SR -1 has been multi- family for a long time and that Mr. Colbert was invited to come to the meeting to explain some facts that would indicate that deeper study should be made with the best interests of the City in mind. Mr. Logan and Mr. Fitts were present and expressed their interpretation of in- verse condemnation. Mr. Charles Cameron was present and said that as owner of several downtown properties, he feels that by purchasing the properties and bringing them up to code, he has improved the area rather than downgrading by utilizing them as multi - family. Mr. Ross Roberts was present to express his views on the proposed rezoning and said he feels the homes in the area would be purchased for single family and was in favor of the 5R -1 zoning proposal. After much discussion Mr. Barks moved to table all action on the proposed rezoning as far as a Public Hearing is concerned and request a legal opinion from the City Attorney, with copies to the Planning & zoning Commission and any other interested parties as to the legal consequences of our proposed action as it relates to the possible "taking" under the actual situation and under statutes and case law and give us his opinion as to our proposed action as it applies to Inverse Condemnation for any existing multi - family uses, whether legal or not, permitted or not, and the effect of the action upon those uses and ramifications of those uses. Mr. Miller seconded. Motion carried unanimously. The next item, a request for conditional use of a home occupation, telephone service only, for a specialty contractor to be located at 1316 Persimmon Av+6•. in the MR -1 zoned district was represented by James Burke. Mr. Burke said he does carpentry, block and cement work with hand tools and power tools which he transports in a truck with no signs. Mr. Barks moved to approve. Mr. Miller seconded. Motion carried. A request for conditional use of a home occupation, telephone service only, for a janitorial service, to be located at 107 Ellen Place in the SR -1 zoned district was dismissed because there was no one present to represent the request. A request for conditional use of a home occupation, telephone service only, for a home cleaning service to be located at 1205 Scott Ave. in the MR -1 zoned district was dismissed because there was no one present to represent the request. The next item for discussion was a Preliminary Plat of Hidden Lake Villas, Phase V, to be located west pf Lake Ada and east of Live Oak Blvd. in the MR -1 zoned district, represented by Wes Blount. Mr. Blount said that Lake Ada had been dedicated to the Home owner's Association and will show on the plat as Tract "A ". MINUTES - Planning and Zoning Commission - June 2, 1983 - 7:30 P.M. Page 3 Mr. Barks moved to approve the plat as presented. Mrs. Roberts seconded. Motion carried. The next item for discussion was a Preliminary Plat of Hidden Lake Villas, Phase VI, to be located south of Airport Blvd. on Live Oak Blvd. in the MR -1 zoned district, represented by Wes Blount. . j discussion, Mr. Davidson moved to approve. Mr. Miller seconded.�"Mr �Williss requested that an overall map of the Hidden Lake Development be furnished for the P & Z members and Mr. Blount said he would furnish one as soon as possible. The next item was a site plan of a 7,200 sq. ft. building for a repair shop, to be located at 2507 Park Ave. in the GC -2 zoned district, represented by Bob McKee. He said it will be a small metal building for custom interior work on automobiles, specifically vans. Mr. Davidson moved to approve the site plan. Mrs. Roberts seconded. Motion carried. The next item for discussion was a site plan of an adult apartment complex, The Howell Place located at 200 W. Airport Blvd. in the MR -2 zoned district, represented by Barry Leavelle. Miss Rogers explained that the former approval did not specify the number of parking spaces to be waived and so the item was brought back to the board. Mr. Miller moved to approve the site plan with the waiver of 39 parking spaces. The requirement of one and one -half spaces per unit would compute out at 141 spaces for the 94 units and 102 spaces are shown on the site plan. Mr. Barks seconded. Motion carried. Miss Rogers introduced Ed Gillis as the Minimum Housing Code & Zoning Inspector and said that he will be at the next meeting as her last day is June 14, 1983. The Minutes of the previous meeting were approved. There being no further business, the meeting was adjourned. J. Q. Galloway, Chairman