HomeMy WebLinkAbout1969-11-21 MinutesApproved:
MINUTES OF A PLANNING COMMISSION MEETING
December 2, 1969
The Fayetteville Planning Commission met at 8:00 A.M., Friday,
• November 21, 1969, in the City Administration Building, Fayetteville,
Arkansas,
Members Present: Morton Gitelman, Roy Clinton, Clark McClinton,
Dr. Walter Brown, Ernest Jacks, Dr. James Mashburn,
Members Absent: Wade Fincher, Byron Boyd, Allan Gilbert.
Others Present: Harold Lieberenz, Wesley Howe, James Vizzier.
Chairman Clark McClinton called the meeting to order.
The discussion was turned over to Morton Gitelman for his comments
on the latest draft of the Proposed Zoning Ordinance. He raised the
following questions as possible oversights:
(1) Use Unit 25 was created for professional offices, however,
it is not allowed in C-1, Neighborhood Commercial, although
Use Unit 12 for offices is included. Use Unit 25 is more
specific than Use Unit 12. It was decided to include Use
Unit 25 under C-1, Neighborhood Commercial.
(2) In C-3, Central Business District, Use Units 9 and 10,
medium and high density residences respectively, are
allowed. In_ R-0, Residential and Professional Office
• District, only Use Unit 10, High Density Residences, are
allowed. Add Use Unit 9.
(3) Professional Photographers Studios are still listed in the
Heavy Industrial District. This was a mistake; delete.
(4) Under Powers and Duties of the Board of Adjustment the
wording ". . in granting any variance the Board of
Adjustment shall prescribe approximate conditions ."
Change the word approximate to appropriate.
(5) Under Non -Conforming Uses of Land or Land bfith Minor
Structures Only: There is no change in this but found the
wording confusing. What is the intent here? Mr. Vizzier
will look at this and see if it needs rewording.
Ernest Jacks asked for clarification on the following points:
(1) Each new residence requires two off-street parking spaces
for a single family. The parking can be in front of the
house provided the parking area is paved (dust free), but
must be back within the setback lines.
(2) The visibility factor (fences, trees, shrubs, etc.) applies
only to residential districts. This must be controlled in
commercial areas through other ordinances (traffic, etc.)
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11-21-69 .2.
Why only a 2J foot high front and side fence? This applies
to within 25 feet of the street. It was decided to restrict
• this to corner lots only. Dr. Mashburn asked that this apply
to retaining walls, also.
(3) Section prohibiting more than one principal structure on
a lot:' Would this preclude such a development as several
different wings connected by open but covered walk -ways?
The determining factor would be whether the requirements
for open space,,,area and bulk were met as specified in the
ordinance. No change indicated here.
(4) Article 8, Section 7: Boats and recreational equipment were
deleted from this, but it still prohibits parking of unlicensed
automobiles except in an enclosed building. Change to permit
parking inside carport.
(5) How is "stockade type fence" to be defined? (Article 8,
Section 10,b(2)) Eliminate words "stockade type fence."
(6) Light commercial permitted in R-3, High Density Residential
District: Provision for accessory commercial uses in planned
unit development, Article 7, Section 2. Accessory commercial
uses can occur in apartment building so long as they are
contained within the building and have only a lobby entrance.
(7) No residential uses are allowed in C-1, Neighborhood Commercial
• District, except pre-existing, non -conforming ones.
It was noted that the public hearing on this new ordinance would have to be
held by the Planning Coamiission, not the Board of Directors.
At this time, Harold Lieberenz listed the questions raised by him
during his study of the text.
(1) Apparent conflict between Article 7, Section l,d and
Article 8, Section 3. The former states, "Accessory building
shall not cover more than 35 percent of the area of the
required rear yard." The latter states, "No accessory
building shall be erected in any required yard, and no
separate accessory building shall be erected within five
feet of any other building.
(2) Article 5 under C-2, Thoroughfare Commercial, gasoline service
stations are required to be set back 50 feet from the right-
of-way line; Article 7, states 40 feet from right-of-way
line. Mr. Vizzier said one is a general provision and one
is specific.
(3) The Board of Adjustment feels the 2 acre requirement for
building in an A-1, Annexed Territory District, at present
is too restrictive. Mr. Vizzier said he didn�t expect much
more trouble along these lines. If they have a large amount
• of land to develop, then they should subdivide.
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(4) Why does the Proposed Ordinance restrict projection type,
signs? (Article 7, Section 16) Mr. Vizzier stated he felt
• if signs were cleaned up, the general appearance would be
more attractive. This is not retroactive, and a variance
may be applied for in future.
(5) Is it necessary for the Planning Commission to advertise
or publish notices for conditional uses? No.
(6) Article 13: Provisions of Ordinance Declared to be Minimum
Requirements: Does this make the City responsible for
enforcing such things as deed restrictions? Change wording
of last sentence to '. the most restrictive or that
imposing the higher standards shallrp evail.11 It is not
the duty of the City to enforce deed restrictions.
(7) Article 17: Under the definition of variances, in the
lower third of the paragraph, change '. of size of yards. ."
to '. . or size of yards . ."
(8) Article 9, Section 3, Paragraph 3: Requires copies of plans
submitted with Building Permit Application to be kept by
Planning Administrator --change to Building Inspector.
At this time, Morton Gitelman made a motion to authorize James Vizzier
to print up this final copy as Proposed Zoning Ordinance and Subdivision
Regulations subject to corrections indicated and filling in blanks.
• Dr. Walter Brown and Roy Clinton seconded the motion, and it was approved
unanimously.
The Commission reviewed the November 17, 1969 memo from Wesley Horse
regarding Capital Improvement Program. They voiced their approval
of the contents of this memo.
Mr. Howe presented an outline for Capital Improvement Program on Streets
and Thoroughfares and Parks and Recreation. This included a list of
objectives and schedule of costs for the next five years. He stated
that these do not include any State responsibilities, only the City's.
This does not conflict in any way with the program being prepared by
James Vizzier. The Board of Directors is currently presenting this
to the public in a series of hearings.
Chairman McClinton read a letter from Hugh Kincaid, Attorney, stating
that his clients, Gerald B. and Anne W. Jones, would be agreeable to
following the standards and requirements contained in the Proposed
Ordinance for R-2, Medium Density Residential District, if the Planning
Commission would approve their petition for an R-3 zoning at the present
time. It was suggested that due to the size of their property, they
be asked to file a development plan. The matter was not resolved at
this meeting.
A meeting was set for Tuesday, November 25, 1969, at 4:00 P.M.
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The meeting was adjourned at 9:30 A.M.