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HomeMy WebLinkAbout1974-07-23 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, July 23, 1974, the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: in John Power, Rita McRee, John Maguire, Al Hughes, Ernest Lancaster, Helen Edmiston, Ernest Jacks. Donald Nickell, Morton Gitelman Bobbie Jones, Randall Webb, Parker David Rushing, Attorney Tilden P. Wright III, Helen Taylor, Mrs. Clay Yoe, Sally Betts. In the absence of Chairman Morton Gitelman, Vice -Chairman Al Hughes called the meeting to order. The Planning Commission had not received the minutes of the July 9, 1974 Planning Commission; therefore, the minutes were not approved at this meeting. The Planning Commission discussed the proposed ordinance to amend Appendix A, Article 8, Section 9 (1) of the Fayetteville Code of Ordinances (Zoning Ordinance 1747) which was tabled at the Public Hearing held on July 9, 1974, for the purpose of clarifying off-street parking requirements. The Commission left the proposed Ordinance on table until the fourth (4th) Tuesday in August, 1974, in order to give them time to receive additional information. AMEND ZONING ORDINANCE Off -Street parking Requirements The next item of discussion was a request from Dr. J. B. Hays and Johnie Bassett for Planning Commission approval of a proposed access off Highway 71 North ap- proximately 350•ft. South of Zion Road (This portion of Highway 71 is designated controlled access). Bobbie Jones Stated that she had received a telephone request from Dr. Hays' Attorney, Tom Burke, requesting without prejudice. Mrs. Edmiston moved that the applicant prejudice as requested. Mr. Jacks seconded the motion. It was DR. J. B. HAYS AND JOHNIE BASSETT Approval of proposed access Highway 71 North that this item be withdrawn be permitted to withdraw the request • voted upon and unanimously approved. The Planning Commission discussed a Large Scale Develop- ment plan submitted by James F. Freeman for property on the Southwest corner of North College Avenue (Highway 71B) and Longview Street. ' Mr. Jacks reported for the Subdivision Committee. He stated that there were two (2) items of interest being as James F. Freeman L.S. DEVELOPMENT PLAN College $ Longview without follows: 1. Bobbie Jones indicated that the Commission needs 5 ft. of right-of-way on the South side of Longview Street on the North side of this property. She had a deed which they prepared showing 5 ft. of right-of-way; but, according to the plat book, this lies in the middle of the street. All in all, the City needs 25 ft. from the centerline of Longview Street. 2. The developer needs to work out the situation where the Bull Roar people don't back out into the street. They need to turn around somewhere within the property because the Ordinance requires that any parking area containing three (3) or more cars has to do so. Mr. Jacks then moved that the Commission approve the Large Scale. Development Plan contingent upon: 1) Street dedication for 25 ft. of right-of-way south of the PLANNING COMMISSION MEETING -2- July 23, 1974 centerline of Longview Street, and 2) Parking not to back out into the street. Mrs. Edmiston seconded the motion. There was no further discussion, and no one present to oppose the Large Scale Dev- elopment Plan. It was voted upon and unanimously approved. Another item of discussion involved the Large Scale PARKER DAVID RUSHING Development plan and Conditional Use request to L. S. Development Plan develop property East of Crossover Road and North of Banjo Springs Theatre the end of Stone Bridge Road as a theatre (Banjo Springs Theatre) submitted by Parker David Rushing. Vice -Chairman Hughes stated that the Commission should consider the request in two (2) parts: First: Whether or not to allow a conditional use in R-1 for the Theatre and Secondly: the large scale development plan only if the conditional use was ap- proved. Mr. Rushing was present and informed the Planning Commission what he proposed to do. He basically had the same plan as on the original sketch, although, Mr. Rushing has been trying to cut down the theatre to hold 250 seats. Mr. Rushing presented his request to the Planning Commission and other people present in numerical parts. 1. The theatre is to be an open-air theatre with a fence around it which will serve to cut down the noise from the outside and the inside. 2. The reason why Mr. Rushing cut down the theatre to 250 seats was due to the restroom requirements. 3. It was planned to place the theatre as close to the middle of the property as possible so that it would be separated from the neighboring properties. Mr. Rushing stated the purposes for a legitimate theatre: Musicals, ballets, folk and gospel singing, and to provide a local opportunity for local amateurs etc. Mr. Rushing made it clear that it would not be a rock -festival site, nor a place,for a drag strip. The entrance road would go directly from the highway to the theatre without pas- sing anyone elses' property. Attorney Tilden P. (Chip) Wright III, was present to represent area property owners in opposition to Mr. Rushing's request. He informed the Commission that he had obtained several comments from various neighbors of Mr. Rushing concerning the theatre who were unable to attend the meeting. Their concern was basically in opposition to the location of the theatre, and not to the Cultural Development in Fayetteville. The Board of Directors, when this was put into the ordinances of the City of Fayetteville, classified theatre use as being "legitimate" theatres. They saw necessary to distinguish between theatres in general and legitimate theatres. He questioned whether or not the Board of Directors intended by the term "Legi- timate theatres" to include open-air facilities or something that would com- pletely contain, crowds, noise, concession stands, restroom facilities, etc. He called attention to certain requirements for drive-in facilities that is providing some sort of screening wall, having a specific purpose and use. For example, providing insulation. Also, he thought that there should be some type of buffer strip to provide separation of enclosure and usage. He said that -if there is some type of public address, it would be difficult to insulate the noise. Mr. Wright added that Stonebridge Road is where the utili- ties are coming through and will probably be the main entrance road; it is • • PLANNING COMMISSION MEETING July 23, 1974 unimproved and dusty, and with approximately 300 cars it will be very noisy and will cause a large dust problem, therefore, becoming a nuisance to the adjoining property owners. Helen Taylor was present and was also in opposition to the theatre. She stated that she and her husband were in the process of building a new home North of Wyman Road. When they bought the land it was understood that there would be no commercial development that may hinder the peacefulness of the area. She said that she, too, had spoken with several people (approximately 34) who were totally in opposition to the proposed development and that her husband had spoken with Mr. Floyd Pothast, who is a realtor; and he said that the Taylors could quote him as saying that as an administrator of the property concerned, he felt sure that his client would be opposed to any commercial venture in area in question. Planning Administrator, Bobbie Jones said that the Planning Commission is authorized to hear conditional use requests. There are centain factors that must be considered. All of them seem to point back to the effect on adjoining or adjacent properties. Mrs. Clay Yoe was present and also was in opposition of the theatre; however, stated that she regretted that the theatre was planning to be built in a residentially zoned area, and did not want it in her neighborhood. John Maguire moved that the conditional use request be denied. Mr. Rushing at this point wanted to answer some of the questions that Mr. Wright brought up. He reiterated that the use of a legitimate theatre involved basically drama, as opposed to variety shows, etc. Mr. Rushing said that the buffer could be complied with. He also added that Hyland Park had no objection to the theatre if it would not be a rock festival site. Mr. Lancaster arrived 4:45 P.M.) Sally Betts was concerned that if the theatre is not successful, what would happen to the area in question. Mr. Rushing did not care to discuss it. Vice-chairman Hughes informed Ms. Betts that if Mr. Rushing wanted to use the'land for something other than property for the theatre, it would have to be brought to the Planning Commission again for consideration. Mr. Maguire restated his motion that Banjo Springs Theatre (conditional use) be denied. John Power seconded the motion. It was voted upon and the motion to deny the request was unanimously approved. Vice-chairman Highes introduced the last item - a request PARKER DAVID RUSHING for approval to sell three (3) parcels of property served Request for approval by a private road and lying East of Crossover Road and North to sell three lots. of Stonebridge Road, submitted by Parker David Rushing. Mr. Rushing requested the Commission's approval to allow him to withdraw this item. Ernest Jacks moved that the Commission allow the item to be withdrawn. Helen Edmiston seconded the motion. It was voted upon and unanimously approved. The meeting was adjourned at 4:55 P.M.