Loading...
HomeMy WebLinkAbout1976-08-23 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, August 23, 1976, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman John Power, Ernest Jacks, Jack Ray, Bill Kisor, Keith Newhouse, Donald Nickell, Rita Davis (Arrived late -- 5:42 P. M.), Peg Anderson (arrived at 5:02 p.m.), John Maguire. MEMBERS ABSENT: OTHERS PRESENT: None. Larry Wood, Evangeline Foldvary, Dawn Dunnuck, Buddy Coleman, James Mickle, Jim Owens, Thrada Lindsey, Harriet Jansma, Raymond Mitchell, Chad Kumpe, Bobbie Jones, David McWethy, Robin Northrop, Bill Bequette. Chairman Power called the meeting to order. Rita Davis and Peg Anderson had not arrived at the time of the call to order. The minutes of the August 9, 1976 Planning Commission meeting were approved as mailed. Peg Anderson arrived at 5:02 p.m. Chairman Power opened discussion on the conditional use request submitted by C f, B Building Supplies, Inc., to construct 13 duplexes, each on a separate lot, extending from 2900 Old Missouri Road through 3100 Old Missouri Road and on Eton Street (a proposed street). Property zoned R-1, Low Density Residential, is across the street from Apple Tree Inn and Butterfield Trail School. MINUTES C $ B BUILDING SUPPLIES, INC. 2900 - 3100 Old Missouri Rd. Duplex Conditional Use Request Mr. Jim Mickle and Mr. Buddy Coleman were present to represent this request. Bobbie Jones said that ih the R-1 District, the lot must be 80 ft. in width, and contain 12,000 sq. ft., and there must be four parking spaces for each duplex. Buddy Coleman said that all the adjoining property owners have been notified. This area would be on the West side of Old Missouri Road; 12 lots would front on Old Missouri Road; Lot 34 would front on Eton. Mr. Coleman said that there needs to be a transition between institutional and single-family, so they are proposing duplexes. They have agreed to install curb, gutter, and sidewalk along Old Missouri Road. The City has agreed to make Old Missouri Road a 45 ft. street along these lots. Mr. Coleman referred to a letter from Street Superin- tendent, Clayton Powell, dated August 20, 1976, in which Mr. Powell said: "The City of Fayetteville is ready to begin the widening of Old Missouri Road, abutting this development. The widening will be simultaneous with or immediately subsequent to your construction of the sidewalk and curb and gutter, whichever is the most conven- ient." Mr. Jacks wanted to know who the owner of the lot on the corner of Old Planning Commission -2- August 23, 1976 Missouri Road and Rolling Hills Drive was. Mr. Coleman said that he owns this lot. Peg Anderson said that she thinks this is a good idea. She mentioned, however, that there is going to be a water problem because of the creek. Chairman Power said that that would be solvable. There was no one present to oppose the request. Mr. Jacks moved to approve the conditional use request of C f, B Building Supplies, Inc. for 13 duplexes on separate lots as presented. Mr. Newhouse seconded the motion. The vote was 7-0-1 to approve, with Mr. Kisor "Abstaining." Chairman Power opened discussion on the pet- ALLEY CLOSING PETITION ition to vacate and abandon a public Parksdale Addition alleyway in Parksdale Addition. Petit- Smith, Upton; Tower Assoc., S.L.S.F. R.R. ioners are Bill $ Maudie Smith, Helen L. Upton, Tower Associates, Inc., and St. Louis $ San Francisco Railway Company. Two alleyways are included in the petition: (1) a 20 ft. alley running North and South behind the four lots on the East side of Garland Avenue between the railroad tracks and Pettigrew Street. (2) a 20 ft. alley running East and West behind five lots on the South side of Pettigrew Street and North of the railroad tracks. The remaining eastern portion of the East-West alley was previously closed by Ordinance No. 1091. There was no one present to represent this petition. Bobbie Jones said that Pettigrew Street has been closed East of Stirman Avenue, that is where Levi Strauss is located (Tower Associates owns the Levi Strauss property). She doesn't know whey they want the alleys closed. There are approv- als from Clayton Powell, Wally Brt and the utility companies. The petition was originally submitted to the City Clerk in October of 1975. They have been waiting on the participation petition from:.the Railroad Company. There was no one present to oppose the petition. Peg Anderson moved that they approve this petition as requested. Mr. Newhouse seconded the motion,. . which was approved unanimously by a vote of 8-0. Chairman Power opened discussion on WEST ARK REAL ESTATE $ DEVELOPMENT CO. the request for a fourth waiver of subdivision West side of Highway 71 By -Pass requirements, submitted by West Ark Real Waiver of Subdivision Requirements Estate $ Development Company, for property on the West side of Highway 71 By -Pass, Zoned C-2, Thoroughfare Commercial. (Subdivision Committee will review and report). No one was present, at this time, to represent this request. Bobbie Jones said that this is the fourth lot split. Mr. Jacks said that three lot splits have been approved already The Subdivision Committee recommends to the Planning Commission that this be approved, if the petitioner would give a contract to say that he would not object to an improvement district (if necessary, participating in the improvement district). Chairman Power recommended that the Commission skip this item and Item #5, for the time being as there was no one present to represent this request, at this time. r • !li Planning Commission August 23, 1976 Chairman Power opened the subject of REPORT FROM HOUSING AUTHORITY, CITY a report from the Housing Authority of OF FAYETTEVILLE URBAN RENEWAL PROGRAM the City of Fayetteville, on proposals under consideration for the Urban Renewal Program. Mr. Chad Kumpe, Director of the Housing Authority, was present to talk on this, and display slides. Mr. Kumpe said that Urban Renewal has been a significant impact in Fayetteville. He said that they still have money available --approximately in the neighborhood of $750,000.00 available. He said that the City of Fayetteville has community support. We also have the University support. The economic growth percentages look good. Mr. Kumpe said that the Square is the biggest "plus" that the central business district (downtown) has. The University supports the Urban Renewal Program; they want Dickson Street upgraded; they support hotel and continuing education programs, and are most concerned about the traffic situation (traffic flow). He said that there is a net need for more office space He said that they believe their plans including a 17 block parking district, will increase net parking by 312 cars, there would be ingress and egress ramps for parking. Rita Davis arrived at 5:42 p. m. Mr. Kisor asked about what had happened to Springfield, Missouri. Mr. Kumpe said that Springfield lost their downtown before they realized it and he thought it might also be because they changed the general nature of it. Mr. Kumpe said that a lot depends on J. C. Penney, if they want to build on and have lower -story parking. They may even vacate and renovate the old J. C. Penney store, and then they can move back in when it is completely renovated. He said that a mini -mall is being considered, too. They hope to get a first-class restaurant (built by people who know how to put together a nice restaurant), they put in Cajun's Wharf (in Little Rock), and State Room; perhaps where the old Post Office is, there may be a dramatic announcement in a few weeks about a restaurant. He felt that this would not materialize if they could not serve mixed drinks --bar; this would probably be a private club arrangement. He felt that the restaurant would not consider being in operation without a "bar." He said someone is interested in the vacant space on the East side of the Square --they plan to eliminate Hunt's Mens Store and Fayetteville Drug Store, and relocate them. They also need "people space" (i.e. -- benches). He said that they need a continuing education program, but they must have a hotel, also. That is a necessity. Peg Anderson said that Fayetteville School District taxes come from the Square -- not from the Mall. Mr. Kumpe said a $213,000.00 street improvement project is soon to get underway. They plan to resurface with curb and sidewalk, Meadow Street and School and Locust Avenues. Utilities will be put underground. Chairman Power closed the discussion. Chairman Power reopened discussion WEST ARK REAL ESTATE $ DEVELOPMENT CO. on the request for a waiver of subdivsion West side of Highway 71 By -Pass requirements, submitted by Waiver of Subdivision Requirements West Ark Real Estate P, Development Company, for property on the West side of Highway 71 By -Pass, Zoned C-2, Thoroughfare Commercial District. Mr. Bill Bequette was present, at this time, to represent this request. Chairman Jacks said that the Subdivision Committee recommends that they approve this waiver of the subdivision requirements, if West Ark will sign (in written form) a contract to guarantee (if and when) participating in an improvement district, and that they won't oppose an improvement district. Mr. Bequette said that he sees no reason why he would object to this. et • Planning Commission -4- August 23, 1976 Mr. Jacks moved that they approve this request, contingent on West Ark Real Estate & Development Company participating in a contract stating that they will cooperate with an improvement district, if and when it comes into effect. Mr. Kisor seconded the motion, which was approved unanimously by a vote of 9-0. Chairman Power opened the public PUBLIC HEARING TO AMEND ZONING ORD. hearing on a proposed amendment to Appendix Home Occupations in R-1 District "A" of the Fayetteville Code of Ordinances (Ordinance 1747 - Zoning) to permit home occupations in the R-1 Zoning District on appeal to the Planning Commission, to restrict the hours of operation of home occupations in R-1 Zoning Districts, to provide for notification of neighboring property owners, and for other purposes. Three alternative amendments are included with the Agenda. Chairman Power said that one of the most difficult things for them to work with has been requests for day-care centers, answering services, and real estate offices Peg Anderson said that she thinks the Ordinance says that they can have day-care centers in R-1 (they are allowed on condition). Any other home occupation is not permitted, even on condition! Bobbie Jones said that day-care centers are listed in Use Unit•4. Real estate sales are listed as use by right in Commercial and R-0 Zones and the Planning Commission can approve it temporarily in Residential Zones --the Ordinance overlaps some uses and attaches conditions in some cases. Peg Anderson said that this is unfair --there is an inconsistency. Chairman Power said that they need a "descriptive" Ordinance. We either limit it, br put in something that they can live with, or eliminate it altogether. Evangeline Foldvary said that they own property in which there has been one imposing business with great deal of traffic, this is in an area where most of them bought homes for residential purposes. She feels, as a property owner, that as long as the City has restrictions they should enforce them. Zoning Classifications, R-1, there is protection of residences involved --this is important. She definitely speaks uphold R-1 as a place where people can be assured that they have residences --not businesses. The owner and operator of the beauty shop was ordered to close --the traffic and safety is important. This beauty shop is still in operation. David McWethy said that our American system of Juris Prudence allows American people to keep appealing to higher Court. Dawn Dunnuck said that the beauty shop was appealed on January 7, 1974, and December 5, 1974, there was no Court action of any kind, and she was ordered in May of 1974 by Mr. Hoffman to close the shop, she had not done so to this date. Mrs. Dunnuck said she had made the first complaint in 1973, it was not acted upon. This shop operates from 7:30 a.m. to 8 or 9 p.m., 5 to 6 days a week. Jim Owens said it might be a good idea for the Commission to look at guidelines for conditional uses in R-1 and differentiate them. He thinks that an individual should have the right to make a little money on the side, and it should not conflict with other members or neighbors, and guidelines should be made more specific. Chairman Power said that "enforcement" is a major problem. David McWethy said that the purpose is to make recognition that there are different situations in R-1 Zones (example: Bill Kisor's wife could have voice lessons --they are far enough removed from neighbors, so could Ernest Jacks have some type of home occupation). If certain requirements are met, it would be o.k. The purpose is to allow the Planning Commission to look at different situations and determine that this is not intrinsically bad, that they can allow exceptions. Peg Anderson said that it all depends on the person who has the occupation. • • • Planning Commission -5- August 23, 1976 It is unfair to allow day-care centers and not allow some other things when no one objects. Rita Davis said that one problem is that the neighbors hesitate to object when it is their neighbor. Evangeline Foldvary said that she has no objections to the Gartens, they are good friends --it is a matter of principle; there is nothing personal in her objection. Chairman Power does not like the abuses that go on. Larry Wood said that from the first day that he stepped into the Planning Office, he had struggled with home occupations and he has come around to a point (Planning) that he objects to home occupations in R-1 District. It causes gradual erosion of the neighborhood. He said that he has not come up with any solutions as to how you can allow it "over here", and not "over here." Peg Anderson said that child-care should not be allowed in R-1. Harriet Jansma said that she has some friends that got turned down (day-care center) for a center on the corner of Olive and Johnson. She thinks the Planning Commission rightly refused this. It was a good decision to allow them to, later, have this on Mission, for a temporary time. Flexibility is important. Keith Newhouse said that he thinks that when concessions are made that allow signs and allow alterations in appearance, this should not be allowed. He doesn't think the person should change the area or character one bit. He would not allow signs to be constructed. Off-street parking should be very minimal. This should be very restricted. He said that he has operated a business in his home for over 10 years, he has not received any objections. He feels no physical change in building or advertisement to change the character of the neighborhood should be permitted. Mr. Maguire said that the R-1 District is "sacred." Dawn Dunnuck said that an investigation should be made as to who is running home occupations, and where. Mr. Maguire said that he is against home occupations, period! He retains the right that if someone (even in Keith Newhouse's case) objects, move it out. He is against letting the curtain down in R-1 Zone, and he said that he would probably file suit if it was carried on to the Board. Mr. Ray said that as far as R-1 is concerned --he can visualize a lawsuit; he feels that the Planning Commission will be leaving themselves wide open for a lawsuit. Chairman Power said that it seems that you can tell one person that it is o.k. and the other it is not. He thinks this is conflicting. Mr. Nickell said that if they cannot enforce (police) these places that they have given permission to, how can they "police" others that they are talking about. Peg Anderson said that she didn't know. if Zoning is a Viable method of planning a town --the performance standard would be good. Rita Davis said that if someone lives in R-1, they should not have to worry about home occupations in R-1. Jim Owens asked which would be better ---to have a regulatory agency to approve or disapprove, or to have people operate them (as they currently are in parts of the City) without their knowledge? Mr. Jacks said that there would be both --regardless. Chairman Power said that this is a most difficult thing to handle equitably. He said that maybe a redefinition of Use Unit 4 is needed. Peg Anderson moved that they add home occupations to Use 4 and not accept any of the proposed Ordinances. Home occupations would be a Conditional Use then. Chairman Power said that he would like to see everyone vote on the Ordinances, Yes or No, and then put on the Agenda for the second meeting in September, Use Unit 4. Planning Commission -6- August 23, 1976 Mr. Kisor said that he doesn't like home occupations in R-1, but he doesn't think it is fair to allow it for some and not for others. Peg Anderson withdrew her motion. Chairman Power said that a "Yes or No" answer is needed. Mr. Maguire moved that they reject all three of the Ordinances any of them on to the Board, or redesign them. Mr. Ray seconded the motion, which was approved unanimously by 9-0. Chairman Power said that they can put this on for discussion (use 4) he talks to the City Attorney, put this on.for the second meeting in September. and not send a vote of There was no further business to be discussed. The meeting was adjourned at 7:05 P. M. after OTHER BUSINESS • • • • • RESOLUTION PC 55-76 WHEREAS, the petition of Helen Upton for vacating an alley was presented to the City Planning Commission for recommendation; and WHEREAS, at a meeting on Monday, August 23, 1976, the City Planning Commission voted to make a recommendation to the City Board of Directors on said petition to vacate an alley. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That after the public hearing an ordinance be adopted for the purpose of vacating the public alley, described as follows: One being twenty (20) feet in width, and running North and South, lying West of Lot 19 and East of Lots 20, 21, 22, and 23, and a second public alleyway twenty (20) feet in width and running East and West, lying South of Lots 15, 16, 17, 18, and 19, all in Block 11, Parksdale Addition to the City of Fayetteville, Arkansas, as designated upon the plat of said addition to said city. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman • • • RESOLUTION PC 56-76 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Monday, August 23, 1976, 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 Appendix A of the Fayetteville Code of Ordinances, Ordinance 1747 - Zoning to permit home occupations in the R-1 Zoning Districts on appeal to the Planning Commission and in the A-1 Zoning Districts as a use by right; to amend the use conditions applicable to home occupations; and to provide for notification to neighboring property owners of applications for approval of home occupations; and for other purposes; 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, to amend Appendix A of the Fayetteville Code of Ordinances, be denied. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman