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HomeMy WebLinkAbout1975-01-14 Minutesre • LeareS ac i975 MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held January 14, 1975, at 4:05 P. M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Morton Gitelman, John Power, Bill Kisor, John Lineberger, Rita Davis, Donald Nickell, Ernest Jacks, Helen Edmiston. MEMBERS ABSENT: OTHERS PRESENT: John Maguire. Russell Purdy, Rev. Ed Salmon, Ron McCann, Elizabeth Walker, Mrs. Hayden Lewis, Irvin Fitzgerald, Ida Bell, Harvey Lumbert, Ila McAllister Newbern, John Reed, Sylvia Swartz, Mrs. Joe Guinn, Earl Allen, Ralph Barnhart, Mrs. Ray Dunn, Don Beebe, Mr. Coy Kaylor, Ronnie Woodruff, Mr. and Mrs. Monroe Laner. Chairman Morton Gitelman called the meeting to order and welcomed the two new Committee members, Bill Kisor and John Lineberger. MINUTES The minutes of the December 10 and December 23 (Special Meeting) were approved as distributed. Chairman Gitelman opened the public hearing on the proposed ordinance to amend Ordinance 1747, Article 7, Section 12, Subsection B, as amended by Ordinance 1869 in order to permit the location of mobile homes where housing for caretakers is permitted under Ordinance No. 1747. (Ordinance No. 1747 is Appendix A -Zoning in the Fayetteville Code of Ordinances.) At the last Planning Commission meeting a request from Mr. Pat Tobin to place a mobile home for a caretaker on his property on Township Road was tabled until a study could be made and this public hearing could be held. Rita Davis arrived at 4:05 P.M. No one was present to represent or oppose the proposed ordinance. Ernest Jacks said this would allow mobile homes as housing for caretakers on appeal to the Planning Commissionin a C-2 Zone and allow them as a use by right in I-1 and I-2 and that he would like to see them on appeal to the Planning Commission in all zones. Donald Nickell stated he had no objections to this as long as it was in a Commercial or Industrial District and on appeal to the Planning Commission. He felt that people needed protection from vandalism these days. Helen Edmiston also agreed with this. Bobbie Jones, Planning Administrator, told the Planning Commission that the way the ordinance was worded it would not take care of situations similar to the schools when they set up mobile homes. There was no further discussion. The public hearing was concluded. Ernest Jacks moved to approve the Ordinance as drafted by Jim McCord, City Attorney. Helen Edmiston seconded the motion which was approved unanimously by a vote of 8 to 0. ORDINANCE TO AMEND Ordinance 1747 Mobile Homes for Caretakers Planning Commission -2- January 14, 1975 GENERAL LAND USE PLAN Chairman Gitelman opened the public hearing Razorback Rd. $ Cleveland St. on the proposed Amendment to the General Land Use Plan of the City of Fayetteville for an area lying West of Razorback Road, North of Hotz Drive, and South of Cleveland Street. Larry Wood, Planning Consultant, gave the background on this study. He reminded the Planning Commission that when the present zoning map and ordinance were adopted in June of 1970 both the land use and zoning showed High Density Residential for this. area. In 1973 the Planning Commission rezoned the area back to Low Density Residential but the land use was not changed Sylvia Swartz, 607 N. Razorback Road, was present to support the proposal. She believed that the argument that was made when this was considered before was that most of the people who lived in the area were University connected and many felt they should have the right to have private dwellings and not have high rise apartments, etc. in the area. Mr. Roy Simpson, 409 Oliver, was present.. He felt that this area should be made to correspond on the Comprehensive Land Use Plan and he made a plea that the Planning Commission "go along with rezoning this" down to Razorback Road. He stated that Mr. Trammell, Legal Consultant for the University had told him that the University was not controlled by any zoning action anyway. Joe Guinn, 1704 Halsell Road, said the land use was supposed to represent a guideline for future development. Usually a difference between land use and zoning takes place when an area is deteriorating, but this is not true in this instance. Mr. Earl Allen, 420 Oliver, commented that there would be a traffic problem (whether or not the streets could handle this) as well as a sewer problem in this area if it were zoned High Density Residential. Mrs. Swartz felt that with the slack in enrollment at the University there would be no need to zone this (High Density Residential) for a number of years. Mr. Ralph Barnhart, 634 Oliver, said he hoped this area would be maintained as a single-family district (R-1) and asked the Planning Commission to con- centrate on what had been said about this area. The public hearing was closed. Chairman Gitelman felt the only reason to zone this high density would be if the University of Arkansas acquired property and put it to use and that this was a slim basis for the Planning Commission to keep the Land Use Plan separate and apart from action in de -zoning it. He felt from the Planning Commission's point of view, the move would be up to the University. There was no further discussion. Ernest Jacks moved to recommend to the Board of Directors that they amend the Land Use Map to show Low -Density Residential in the area now shown as High -Density Residential. (West of Razorback Road, North of Hotz Drive, and South of Cleveland Street.) Donald Nickell seconded the motion. It was voted upon and approved unanimously. CONDITIONAL USE REQUEST The next item before the Planning Commission was the 132-134 South Hartman Ave. Conditional Use Request for a duplex to be located David B. Fields at 132-134 South Hartman Avenue, which was submitted by Dr. David B. Fields. This property is zoned R-1 (Low -Density Residential). Dr. David Fields was present to represent. Planning Commission January 14, 1975 Dr. Fields stated that in 1972 he came before the Planning Commission in an effort to have this property rezoned R-2 (Medium -Density Residential) for apartments and was turned down. He said there were apartments in this area at this time and that the R-2 was closer to his property than the R-1. Mrs. Roy Dunn, 24 S. Hartman was present to oppose this request. She stated that she and her husband thought this would remain Low -Density Residential when they purchased their property. She said the battle had been fought once and didn't know why it was coming up again. Chairman Gitelman explained to Mrs. Dunn that the request was not for apartments but for a duplex. Bobbie Jones, Planning Administrator, felt the lot was sufficient in size to divide in such a way as to put 2 single family dwellings on it. Ernest Jacks said he could appreciate Mrs. Dunn's opposition to multi- family but that it looked as though this corner had become mostly multiple - family dwellings. Mr. Jacks moved to approve the conditional use request. John Power seconded the motion which carried unanimously by a vote of 8-0. CONDITIONAL USE REQUEST Chairman Gitelman opened the public hearing on for the Conditional Use Request for Youth Bridge, Inc., Youth Bridge, Inc. a home for children who are wards of the Court, to be located at 414 East Maple St. in the R-1 Zoning District. Chairman Gitelman read a list of names that had called the Planning Office in objection to this request, and also a letter from Mr. Pat Watkins, 1417 Elmwood, who was out of town at the time of this meeting but is very much opposed to the request. Rev. Ed Salmon was present in favor of the request. He told members of the audience and the Planning Commission that this did not operate on an institutional basis but the children lived in homes with house parents in a normal family atmosphere just as other families lived. He said this house would be like Indian Trail and Lighton House which are also operated by Youth Bridge and that if anyone desired they could go by and see how this type of operation is set up. He felt that this situation would not compromise any neighborhood and that this request was not out of line. Ron McCann of Niblock, Hipp f Odom was present to represent some of the area residents. He said there was a question of whether facilities were adequate enough or not. Some of the people felt that the sewer facilities were not adequate enough to take care of this many extra people. He said there probably would be parents and/or probation officers coming and going to see the children and there was not adequate parking for all this at the location. He said the type of children should be considered also with some of them having gone through Juvenile Court. Mr. McCann told the Planning Commission that there were several elderly people in the neighborhood, part of them widows with no men around to take care of them and they would not like children around that have perhaps been involved in crimes against property or person. Mr. McCann asked the Planning Commission to concentrate on this heavily when making their decision. Don Beebe, Director of Youth Bridge, in answer to Helen Edmiston's question said the ages of the children were between 12 and 18. He said if the neighbors didn't object to just the girls, they could make this house a girls facility and use the existing Lighton House strictly for boys. John Lineberger asked what the average length of stay was for the residents and Mr. Beebe said it varied but on the average it was around 60-90 days in which time they hoped to work the child back into their natural home or Planning Commission -4- January 14, 1975 another -type of program. In answer to Bill Kisor's question Mr. Beebe said they had not had any complaints about the children from the neighbors around Lighton House or Indian Trail House. Mrs. Elizabeth Walker, 521 Olive, was present and she told the Planning Commission that she used the alley at the location to get into her garage and didn't think there was enough room to park there. She then asked why Indian Trail House had been closed. Mr. Beebe said it had been closed due -to the City Hospital expanding. Mrs. Hayden Lewis, 410 Gunter, felt that this breaking into the block would tend to down -grade their property. She said there were fringe areas where Youth Bridge could locate rather than situating this in an area that had a large concentration of retired people. Mr. Coy Kaylor was present and stated they were not trying to change the zoning and that they just wanted to use this house until they had time to find another location. He said there were no planned modifications involved and that there would be adequate parking in the driveway for no more cars than would be there at one time. Mr. Irvin Fitzgerald, 424 N. Olive, said he had supported things of this nature and was for the young people but was not for a situation like this in town. He said the house just about covered the lot and there was not adequate space for the children outside. He also felt that there was not enough room for parking on Maple Street. He said if people would support this effort as they should there would be enough funds to buy land out somewhere where this type of situation should be. He stated that he was definitely against it. Mrs. Sylvia Swartz, 607 N. Razorback, said she had worked with the children at Indian Trail House and had used them to do odd jobs around the house that she could not do for herself and she was not afraid of them. Mrs. Ida Bell, 415 E. Maple, said she had lived in this area for a long time and there was not adequate parking facilities for the proposed usage. Mr. Harvey D. Lumbert, property owner at 410 E. Maple, said this area had been R-1 for the past 18 years that he had been living there and he wanted it to stay R-1. He said a permit was never obtained on this when Mr. Joe Fred Starr tried to convert it to an apartment and, therefore, did not have the necessary inspections. He said he had no particular objections to this except that every time it rained it ran out the back door. Mrs. Lumbert, 410 E. Maple, stated that since the Trumbo's moved from this house several families had lived here, all having several children. She said every month the sewer had to be rodded out. She said she and her husband had finally built a rock wall so that this would flow back to the concerned property. She said the City finally put a manhole out in front of the street and it still has to be unstopped every month. She said the plumbing was not adequate in the area and it would be unfair to the children who would live in the house. She told the Planning Commission that they sometimes did not have enough water pressure to do what they needed to do. Mrs. Ila M. Newbern, 504 E. Lafayette, stated that she was one of the elderly widows that lived in this neighborhood and has two grandchildren to rear and felt that this would not be a good thing for this area. She felt there would be no place for the children to play outside unless it was in the street. Dina Brannan, 727 Stone Street (resident of Youth Bridge, Inc.) said she understood why the people felt the way they did toward this type of situation going in but she wanted them to know how Youth Bridge had helped her. She said they had counseling, three large meals a day, and adequate facilities. She said they had had their problems but were not criminals and that Youth Bridge had helped • G:) • Planning Commission -5- ' January 14, 1975 them to become more involved with the community and to better themselves. Mrs. Bolding, 501 N. Walnut, said there were several young families with children in this neighborhood already and felt that there should not be anymore children brought in. Mr. James Simmons, 415 Gunter Street, inquired as to whether or not the Planning Commission could check into the adequacy of this, as to the parking, etc. Chairman Gitelman answered that the Planning Commission could take into consideration the parking problem, but explained that the nature of the request had nothing to do with the zoning, but the nature of the use. Attorney Ronnie Woodruff, who is on the Board at Youth Bridge, said he used to live in this neighborhood and felt these children would not be any worse on the house than the children living there in the past. He told members of the audience and Planning Commission that these homes had to meet certain licensing requirements before they could place the children in the homes; that it had to be approved by the State Department Social Services and Welfare out of Little Rock as well as by the Health Department and the City Fire Department. He said the house on Stone Street was perhaps a little inadequate but they had been able to function and do some good. He stated they were not able to find the type of facility like they wanted. Mr. and Mrs. Monroe Laner, 533 E. Maple, were both present in opposition to the request. Mrs. Laner said the water facilities were inadequate, and also that the Trumbo children (when they lived there) used the lots across the street to play on where homes were now located and felt there was not enough room outdoors to facilitate 9 children. Mr. Laner asked that the people in the audience in opposition to the request stand. Mr. John A. Reed, 404 E. Lafayette, said he couldn't understand why anyone would want to put a home like this on Maple Street when there was heavy traffic on it as well as it being narrow. He felt that the street would be blocked half of the time. Mrs. Simmons, 415 Gunter, said she had 5 children and it took 24 hours around the clock for her and her husband to counsel their children and she wanted to know what type of people these "parents" would be. Mr. Beebe said he would be glad to talk to her about this sometime. Chairman Gitelman was asked whether or not this could be appealed to the Board of Directors. In answer, he stated that according to the Ordinance as he understood it, a conditional use request did not go before the Board of Directors, regardless of the Planning Commission's decision; also that regardless of the Planning Commission's decision, the zoning at this location would remain the same. He did say that if citizens wished, they could talk to the Board of Directors and the Board might ask the Planning Commission to reconsider. Other than that he said the Planning Commission's decision could be appealed to a court of law. The public hearing was closed and Chairman Gitelman asked for discussion from the Planning Commission. Bill Kisor said he had worked with the Youth Bridge and was concerned about these young people. However, he felt that with that much objection this situation would never go over in the neighborhood. Rev. Ed Salmon agreed with this and asked that the request be withdrawn. Helen Edmiston made a motion to allow the Conditional Use Request of Youth Bridge, Inc. to be withdrawn. John Power seconded the motion . Power, Kisor, Lineberger, Davis, Nickell, Jacks, and Edmiston .voted "Aye"; Gitelman voted "Nay." The motion carried by a vote of 7-1. • • • Planning Commission -6- January 14, 1975 OTHER BUSINESS Chairman Gitelman told the Planning Commission that unless there were some objections that he had asked John Power. to take Al Hughes' place on the Subdivision Committee. Chairman Gitelman appointed Helen Edmiston, Chairwoman, and Donald Nickell to serve as a Committee for nomination of officers for the annual meeting NOMINATING in February. COMMITTEE Under "other business" Bobbie Jones, Planning Administrator, passed out MAGUIRE copies of pictures of refrigerated trucks owned by Coleman Dairy and DISTRIBUTING explained that Maguire Distributing Company had submitted a request COMPANY to hook their trucks to the electrical outlets which they have already Conditional installed behind East Gate Shopping Center, South of the buildings. This Use request would be a conditional use in a C-2 zone. Chairman Gitelman asked if a written application had been submitted; Mrs. Jones said that an application for a Certificate of Occupancy had been submitted Ernest Jacks moved to approve the conditional use as requested. Donald Nickell seconded the motion. John Power felt that there might be some problems, such as vandalism and noise pollution and that some of the local businesses might object. He felt that the adjoining property owners and businesses should be given a chance to voice their opinions. Chairman Gitelman was of the opinion that this request could not be approved by the Planning Commission without a written request. Helen Edmiston moved to table the request until a request isput in writing and until the surrounding property owners and businesses can be notified. Donald Nickell withdrew his second to the previous motion made by Ernest Jacks; therefore the motion died for lack of a second. seconded the motion made by Mrs. Edmiston to table the request. This motion carried unanimously by a vote of 8 to 0. Larry Wood, Planning Consultant, handed out copies of the map which he had STUDY OF prepared pointing out the area which is to be studied by the Planning LAND USE Commission in its study of the land use along Highway 265 (Crossover Road). Hwy.265 He recommended that this study also include the area around the property belonging to Arkansas Western Gas Company in the area of Mud Creek. The Planning Commission was of the consensus that this was such a large area that it should be divided up into two study areas, with the dividing point being the Township line. There was no other business to be discussed. The meeting was adjourned at 5:35 P.M. • RESOLUTION PC 1-75 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, January 14, 1975, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on a proposed ordinance to amend Article 7, Section 12, Subsection B of Ordinance No. 1747, as amended by Ordinance 1869 (Appendix A - Zoning, Fayetteville Code of Ordinances) in order to permit the location of mobile homes where housing for caretakers is permitted under Ordinance No. 1747. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the proposed ordinance, attached hereto and made a part hereof, be adopted to amend Ordinance 1747 to permit the location of mobile homes where housing for caretakers is permitted under Ordinance No. 1747. PASSED AND APPROVED this 14th day of January , 1975. • APPROVED: Morton Gitelman, Chairman • • • a RESOLUTION PC 2-75 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, January 14, 1975, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on a proposed amendment to the General Land Use Plan for the area lying West of Razorback Road, North of Hotz Drive, and South of Cleveland Street. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That• the General Land Use Plan be amended to show "Low Density Residential" for the area lying between Razorback Road and Oliver Avenue and between Hotz Drive and Cleveland Street. PASSED AND APPROVED this 14th day of January , 1975. APPROVED: Morton Gitelman, Chairman HALSELL 1j t 3 1 N ti i 2::; 1 0 `_ : 11 ${j3! HIGH DEN. RESIDENTIAL © 1 1SSS11# PUBLIC JJ fl {'P{flt!U 1 I' OPEN SPACE 9 x';.. a i 11 ;1 the-ZA4 71 1 , ). •anr(mu wawro co.wssa. w.wl i-'•-rs _ _ #)1 ryT rNdLL( [ATV scat. APPROVAL— IJ I i • L(C C, C (.s tS' .SC 910 ti �-n: �[ -75 COMPREHENSIVE PLAN AND. 6 PLAN AMENDMENT AREA isssssi • FAQ ]ETT2'EVILL,�, ARRAN S.A.S P. 0. DRAWER F 1975 ATTENDANCE RECORD: PLANNING COMMISSION: • Morton Gitelman Helen Edmiston Donald W. Nickell John Maguire Bill Kisor John Power Rita Davis Ernest Jacks Jack Ray John Lineberger There were 23 meetings of the OFFICE OF CITY PLANNING 72701 January 20, 1975 Meetings Missed 3-11-75 3-25-75 4-22-75 6-10-75 8-26-75 10-28-75 11-25-75 6-10-75 9-9-75 2-25-75 4-22-75 5-27-75 8-26-75 9-23-75 10-14-75 10-28-75 1-14-75 2-25-75 6-10-75 10-14-75 11-25-75 8-26-75 3-11-75 8-26-75 3-11-75 12-9-75 None 12-9-75 2-25-75 3-11-75 (501) 521-7700 (Attended his first meeting after appointment on 4-22-75.) (Resigned 3-17-75.) Planning Commission held in 1975. J �• tip./ Planning Adminisrator • • • FAYETTEVILLE, ARKANSAS P. 0. DRAWER F OFFICE OF CITY PLANNING Mr. David Ncitethy, Administrative Aide City of Fayetteville Fayetteville, Arkansas 72701 Dear David: 72701 (501) 521-7700 Nov 11, 1975 As you requested, here are the attendance records for the Planning Commission and Board of Adjustment through November 10, 1975. PLANNING COMMISSION: Member Meetings Missed Chairman FL Gitelman 3-11-75 3-25-75 4-22-75 6-10-75 8-26-75 10-28-75 Helen Edmiston 6-10-75 9-9-75 Donald W. Nickell John Maguire Bill Kisor John Power 2-25-75 4-22-75 5-27-75 8-26-75 9-23-75 10-14-75 10-28-75 1-14-75 2-25-75 6-10-75 10-14-75 8-26-75 3-11-75 8-26-75 Rita Davis 3-11-75 Ernest Jacks and Jack Ray have perfect attendance so far this year. i �Y 14 ♦ O4{.LLJ 11-11-75 - Page 2 BOARD OF ADJUSTMENT Member Chairman C Yates James White Suzanne Lighton Connie Clack David Newbern Meetings Missed 1-13-75 6-30-75 9-22-75 10-13-75 11-10-75 4-14-75 7-14-75 (Registration at U of A) 11-10-75 (out of town) 4-14-75 6-3-75 7-14-75 7-23-75 9-22-75 10-13-75 5-12-75 While I do not have the reasons for the absenteeisms, I do know that part of the time Mass Lighton was in the hospital; Mrs. Clack was overseas; Donald Nickell's job required him to be out of town for the past 2 or 3 meetings, but is expected to be present today. I imagine you are already aware of this, but Miss Lightonts term expires January 1, 1976, as do the terms of Ernest Jacks, Helen EcL'niston, and Morton Gitelman. Sincerely yours, (Mrs.) Bobbie Jones Planning Administrator • • • • DATES ✓ Morton Gitelman Ernest Jacks o '' ami xw. --I ell f az 0 o �� ti bo 0 o •� ya 1 4 ri mac 0 03 7a 'MA ' md' Jan. 14, 1975 ✓ ✓ ✓ ✓ .. r `� .:" : . ,y Jan. 28, 1975 ✓ ✓ ,�` ✓ ✓ ✓ L , ;-- _ Feb. 11, 1975 ✓ .. ✓ ✓ - ✓ .. ✓ .,..0, _ ;> Feb. '2521975 ✓ '✓ ✓ _ - ✓ ✓_.. _ March 11, 1975,, ✓ ✓ ;✓ ✓ Resigned March 25, 1975 _i''— -/ ,--"" ✓ 3-17-75 ✓ ✓ ✓ April 8, 1975 ✓ ✓ ✓ / ✓ v / ✓ April 22, 1975 - ✓ - ✓ _ ✓ - - - ✓ — __- ✓ �i a,/9g v.i ✓ I _ i, iio,iris io, l v ✓ ✓ ie 'i ✓ ,..- .- . v - ,- I. y75 .2,14 75 al, N15 ✓ ✓ _ ✓ ,� _ v _ ✓ _ ✓ :._— ✓ n -� 014117:✓ - ✓ ✓.. ✓ ✓ ,. 9, /9 ✓ ✓ ✓ ,, . ✓ ✓1...... (fie ti :W 111A1 ✓ i, ✓ ✓ ye `se .. neiNII, iq N ✓ ✓ ✓ i-_ ✓ ✓ ✓411 _._ Vie. Cj,... . c.. . ✓ - —'� - -✓- _-.'7- — ✓ ✓. ✓ 11:11 -- — - -- -- ---- -- - %3i --- ---- — • 1 ---- _ r -- - - - n • • • • FAY'ETT�VILLF, ARKANSAS P. 0. DRAWER F City Manager Don Grimes City Administration Building Fayetteville, Arkansas 72701 Dear Mr. Grimes: OFFICE OF CITY PLANNING 72701 (501) 521-7700 June 11, 197510 Re: Attendance at Planning Commission Meetings Following is a record of absenteeisms of Planning Commission Members for the year thus far: Morton Gitelman March 11, 1975 March 25, 1975 April 22, 1975 June 10,1975 Helen Edmiston June 10, 1975 Donald W. Nickell John Maguire John Power February 25, 1975 April 22, 1975 May 27, 1975 January 14, 1975 February 25, 1975 Jure 10, 1975 March 11, 1975 Rita Davis March 11, 1975 Sincerely yours, of ) -*j (Mrs.) Bobbie Jones Planning Administrator 0 1 • .4111111111 FAYETTEVILLE, ARKANSAS P. 0. DRAWER F OFFICE OF CITY PLANNING Mr. David Mewethy, Administrative Assistant P. 0. Drawer F Fayetteville, Arkansas 72701 Dear David:. 72701 August 28, 1975 (501) 521-7700 I have checked the attendance record of the Planning Commission•and Board of Directors and it is as follows for the calendar year 1975 to date: PLANNING COMMISSION: Chairman Morton Gitelman - Helen Edmiston - Donald W. Nickell - John Maguire - Bill Kisor - John Power - Rita Davis - BOARD OF ADJUSTMENT: Chairman Carl Yates - March 11, 1975 March 25, 1975 April 22, 1975 June 10, 1975 August 26, 1975 June 10, 1975 February 25, 1975 April 22, 1975 May 27, 1975 August 26, 1975 January 14, 1975 February 25, 1975 June 10, 1975 August 26, 1975 March 11, 1975 August 26, 1975 March 11, 1975 January 13, 1975 June 30, 1975 David McWethy Page 2 - August 28, 1975 James White - April 14, 1975 July 14, 1975 (Summer U. of A. Registration) Suzanne Lighton - April 14, 1975 June 3, 1975 July 14, 1975 (In hospital) July 23, 1975 (Birthday) David Newbern - May 12, 1975 Except as shown on two Board of Adjustment Members, I have no record of the reasons for the absences. Sincerely yours, (Mrs.) Bobbie Jones Planning Administrator • • ADOPTED; November 11, 1959 REVISED; January 16, 1962 February 16, 1965 May 6, 1969 February 6, 1973 March 6, 1973 -BY-LAWS FOR FAYETTEVILLE, ARKANSAS PLANNING COMMISSION ARTICLE I. MEMBERS AND TERMS A. The members and terms of service shall be as stipulated by ordinance. Any member who is absent for three consecutive regular meetings, except in case of illness or extraordinary circumstances shall tender his resignation. ARTICLE II. OFFICERS A. From its membership the Planning Commission shall elect a chairman, vice-chairman, and secretary annually at the regular meeting in the month of February. B. The chairman shall preside at all meetings and public hearings of the Planning Commission and shall decide all points of order or procedure. All plans, plats, etc., requiring the signature of the Planning Commission shall be signed by the chairman (or vice-chairman) and the secretary; when authorized by the Commission these officers or either of them shall sign all other documents on behalf of the Commission. The chairman (or any other member of the Commission when specifically authorized by vote of the Commission) shall transmit reports and recommendations of the Commission. C. The vice-chairman shall assume the duties of the chairman in the chairman's absence. D. In the event of the absence or disability of both the chairman and vice- chairman at any meeting the oldest appointive member in point or service shall act as chairman during such meeting. E. The secretary shall keep the minutes of such meeting, shall (either personally or with the assistance of clerical employees of the City of Fayetteville) send out mail notices of regular meetings of the Planning Commission at least four days in advance of the meetings and give all telephone notices of special meetings, shall carry on routine correspondence and maintain the files of the Commission; all notices of public hearings and similar notices requiring legal publication shall be signed by the secretary. F. Should any unusual circumstance prevent the election of officers at the regular annual meeting, officers shall serve until their successors are elected. ARTICLE III. MEETINGS A. The regular annual meeting of the Planning Commission shall be held in the month of February each year, at 4:00 P.M. on the second Tuesday of the month or on such other day of the month as may be fixed by vote of the Commission. B. The regular meetings of the Commission shall be held at 4:00 P.M. on the second and fourth Tuesday of each month and mail notices of such meetings shall be given at least four days in advance of each such meeting. C. Special meetings may be called by the chairman at any time and shall be called at the request of any three members of the Commission. At least four days notice of special meetings shall be given each member if possible, but under extraordinary circumstances special meetings may be called by telephone and without other notice. D . A quorum shall consist of five members. No formal business may be conducted without a quorum and no vote shall be cast by proxy. E . On matters involving amendments to the zoning ordinance, the affirmative vote of at least a majority of the whole number of members comprising the Planning Commission shall be required for the adoption of any motion. On other matters, and unless otherwise required by law or these regulations, the affirmative vote of at least a simple majority of the members present at any meeting shall be necessary for the adoption of any motion. The Chairman shall have a vote as do other members. F. The order of business at all regular meetings shall be as follows: (1) Roll call; (2) Reading of minutes of previous meeting (except reading of minutes may be dispensed with by unanimous vote or copy of minutes as mailed to Commission members may be approved without reading); (3) Unfinished business; (4) New business. G . All meetings of the Planning Commission shall be open to the public. H. Public hearings shall be conducted informally, and the chairman shall make all rulings and determinations regarding the admissibility of evidence, the scope of the inquiry, the order in which evidence, objections and arguments shall be heard, and other like matters, except that any member shall be priviledged to make inquiries personally and to call for a vote on any ruling of the chairman with which he does not agree, whereupon the vote shall determine the effective ruling. It shall be the purpose of the chairman to expedite all hearings, confining them to the presentation of only essential matters in the interest of saving time, but entertaining the presentation of sufficient matter to do substantial justice to all concerned. Final or official action shall be taken only in regular or special session of the Planning Commission after the hearing. I. Except with the unanimous consent of all members present at a meeting, no matter on which final action has previously been taken shall be reopened for further consideration or action. • • • -3- ARTICLE IV. COMMITTEES A. The Planning Commission may establishsuch standing or special or advisory committee as it deems advisable, and may assign to each committee specific duties or functions and establish the terms of members of each such committee. Members of such committees may be persons other than members of the Planning Commission, but a member of the Planning Commission shall be named as chairman either active or ex -officio of each such committee. B. The chairman of the Planning Commission shall name the chairman and members of each such committee subject to approval of the Planning Commission and any vacancies on such committee shall be filled in the same manner. C. No member of the Planning Commission shall be required to serve on more than two committees. ARTICLE V. RECORDS A. The secretary shall maintain a file of studies, plans, reports and recommendations made by the Planning Commission in the discharge of its duties and responsibilities. B. All records of the Planning Commission shall be public records. ARTICLE VI. ADMINISTRATION OF THE COMPREHENSIVE PLAN AND ZONING ORDINANCES A. Consideration of proposals for changes to zoning districts. Before considering a request or proposal for the change of a zoning district the Commission shall determine that it has before it the following: (1) A map of the parcel of land for which rezoning is proposed or requested indicating the current zoning of the property and the current zoning of the property in the immediate vicinity. (2) A vicinity map indicating the location of the parcel of property, the major thoroughfares and collectors streets in the area, and the zoning of property within an approximate one mile radius of the parcel of property in question. (3) A map indicating the planned land use and public facilities in the area as indicated in the comprehensive land use plan. (4) A staff report from the City's planning consultant, staff planner or City Manager containing the following information: (a) General Information: (1) The name of the applicant. (2) The nature of the proposed rezoning and a brief description of the property. (b) Findings of staff: (1) A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principals, and policies and with land use and zoning plans. (2) A determination of whether the proposed zoning is justified and/or needed at the time the rezoning: -is proposed. (3) A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. (4) A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public facilities including schools, water and sewer facilities. (5) If there are reasons why the proposed zoning should not be approved in view of considerations under (b) (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: It would be impracticable to use the land for any of the uses permitted under its existing zoning classification; There are extenuating circumstances which justify the rezoning even though there are reasons under (b) (1) through (4) above why the proposed zoning is not desirable. (c) Recommendation of Staff. ARTICLE VII. AMENDMENTS A. These By -Laws may be amended or repealed by an affirmative vote of not less than a majority of the full membership of the Planning Commission. Any proposed amendment shall first be presented in writing at a regular meeting and placed on the agenda of a subsequent regular meeting for action unless ten days written notice of the proposal has been given to all commissioners, in which case action may be taken by any regular or called meeting; or amendment may be made by unanimous vote without notice. Revised and adopted by the Planning Commission of Fayetteville, Arkansas, on March 6, 1973. Attest: • /s/ ERNEST JACKS /s/ ROY CLINTON Secretary Chairman • • FAYETTEVILLE, ARKANSAS P. 0. DRAWER F Mr. Don Grimes, City Manager City Administration Building Fayetteville, Arkansas 72701 Dear Mr. Grimes: OFFICE OF CITY PLANNING 72701 May 27, 1975 (501) 521-7700 Re: Attendance of Planning Commissioners In April of this year the Board of Directors adopted a policy statement concerning the attendance of members of Board appointed committees, boards, and commissions. To date, only one member of the Planning Commission has missed three meetings within this first six months' period of 1975. Chairman Morton Gitelman missed March 11, March 25, and April 22. I am not aware of the reasons for these meetings missed, but feel sure it was due to unavoidable circumstances and not negligence. No Board of Adjustment members have missed three meetings this period. Sincerely yours, (Mrs.) Bobbie Jones Planning Administrator • FAYETTEV'ILLE, ARKANSAS OFFICE OF CITY PLANNING P. 0. DRAWER F 72701 April 23, 1975 Mr. Horton Gitelman, Chairman Fayetteville Planning Commission School of Law University of Arkansas Fayetteville, Arkansas 72701 Dear Mr. Gitelman: (501) 521-7700 Item 13 on the Planning Commission Agenda for the April 22, 1975 meeting was a policy statement recently adopted by the City Board of Directors concerning attendance of members of various City boards and committees • whose membership is appointed by the City Board of Directors. • According to this policy statement I am to notify the City Manager's Office when any members of the Planning Commission miss 25% of the regularly scheduled meetings during either the first or last half of a year. My attendance records indicate that you were not in attendance at the following three Planning Commission meetings: March 11, 1975 March 25, 1975 April 22, 1975. Do you wish to provide me with a statement to accompany my report to the City Manager's Office? I am sorry this is necessary, but the policy statement was adopted by the City Bba>cd of Directors. • Sincerely yours, (Mrs ) Bobbie ones Planning Administrator 7 FAYETTEVILLE, ARKANSAS P. 0. DRAWER F OFFICE OF CITY PLANNING 72701 (501) 521-7700 April 17, 1975 TO: CITY PLANNING COMMISSION MEMBERS CITY BOARD OF ADJUSTMENT MEMBERS FROM: Planning Administrator Bobbie Jones SUBJECT: Policy Statement for City Boards and Committees On April 15, 1975, the City Board of Directors adopted the attached "Policy Statement". This statement pertains primarily to attendance of regularly scheduled meetings by the members of all the Boards and Committees which are appointed by the City Board of Directors. The Planning Office does keep an attendance record on both the Board of Adjustment and Planning Commission. If you wish to know your standing on attendance you may check with me. Also attached is a copy of a letter from City Attorney Jim McCord as to how and when the City Board may remove or request the resignation of a member of a Board or Committee. • • • • • • • • •''c!J'a 7i - v 7 FAYETTEVILLE, ARICANSAS P. 0. DRAWER F • OFFICE OF CITY MANAGER • 72701 (sou 521-7700 The Board Nominating Committee is proposing the following policy statement: Secretaries of the various Fayetteville city boards, committees, and commissions whose members are appointed by the City Board of Directors should keep membership attendance records of their meetings. The secretary of each group should promptly notify the City Manager's Office of members who are absent from 25% or more of the group's regularly scheduled meetings during a six-month period. The six-month periods will generally be January -June and July -December. Notification should be made as soon during the six-month period as the absentee member has missed the number of meetings which will equal 25% of the regularly scheduled meetings of that period --three meetings for the Planning Commission, two meetings for the Pollution Control Committee, etc. (Other committees to which this policy statement would apply would include, but would not be limited to, the following: Board of Adjustment, Community Appearance Committee, and Parks S Recreation Advisory Board. ) It is also requested that the group secretary contact the absentee member, inquiring as to that person's intention of being an active member of the appointive body. The member's response should accompany the absentee report, indicating the reason(s) for the absences and the intentions for the future. - The City Manager should review the absentee reports, make appropriate comments, and forward these to the Board Nominating Committee. The Board Nominating Committee will review this information and take one or more of the : following actions: (1) Discuss informally with the member, including possibility of resignation. (2) Review extenuating circumstances. (3) Recommend to the Board that the position be declared vacant. It is to be expected that the situation will be corrected promptly as a result of the Nominating Committee action. Continuing absences should be cause for reevaluation of members who have previously been granted exceptions because of extenuating circumstances. This policy should apply from January 1, 1975. • • • • • • • Page 40 • • • • V f -Ci 1 pag&41 PAYETTEVZLLE, ARICANSSS OFFICE OF CITY ATTORNEY 72701 P. 0. DRAWER F April 7; 1975. .Mr. Joon Todd Director Fayetteville Board of Directors 2381 :;innwood Fayetteville, Arkansas 72701 Dear Mr. Todd: • ..c (5011 521.7700 • Re: Authority of Board o.f.Directors to Remove Members of Various City Boards, Committees, and Commissions for Lack of Atten- dance of *'.eetings Pursuant to your request, I have considered the issue of whether the City Board of Directors may remove member's of , the various City Boards, Commissionsand Committees for lack of attendance of meetings.. I am of the opinion that, as a general rule, the Board of Directors does have such authority. There are situations, however, where the Board would have to follow certain procedures prescribed by statute or ordinance. Examples are as follows: (1) Article 10 of the City's Zoning Ordinance, Appendiic "A" to the Fayetteville Code of Ordinances, provides that members of the Board of Adjustment may be removed from office by.the City Board of Directors for cause upon written charges and after public hearing. The Article further provides that vacancies shall be filled by resolution of the City Board of Directors for the unexpired term of the member affected. (2) Ark. Stat. 19-1601.1 provides that the governing r body, by a two-thirds vote, may remove any civil service commissioner during his term of office for cause, and, in the event of the removal of. one or more civil service commissioners, the governing body shall fill the vacancy created by such removal. (3) Ark. Stat. 19-3010 provides'that a housing au- thority commissioner may be removed for inefficiency or neglect of duty or misconduct in office, but that a • • • page 42 commissioner shall Le .removed only after he shall have been given a copy of the charges at least ten days prior to the hearing thereon and had an opportunity to be heard in person dr by counsel. The statute further provides that in the event of removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk. The removal of any member of a city board, commission, or com- mittee for failure to attend meetings will have to be considered on a case by case basis to insure that procedures for removal prescribed by statute or ordinance are followed. If the nominating - committee will advise me whenever it is considering recommending;, that a position be declared vacant, I will advise the committee as to whether or not there is a removal procedure prescribed by, statute or ordinance. Sincerely, 'CITY A'T'TORNEY James N. mccord • JNi./ms CC: Mr. Dori Grimes City Manager. • • . .r