HomeMy WebLinkAbout1977-09-12 MinutesMINUTES OF A PLANNING COMMISSION MEETING
A meeting of the Fayetteville Planning
September 12, 1977, at 5 P. M., in the
Administration Building; Fayetteville,
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman. John Power,
Bill Kisor, Jack Ray,
Donald Nickell.
Commission was held on Monday,
Board of Directors Room, City
Arkansas.
Ernest Jacks, Peg Anderson, Rita Davis,
Keith Newhouse, John Maguire.
Bobbie Jones, Angie Medlock, David McWethy, Carter Schell,
City Attorney Jim McCord, Larry Wood, Scott Van Laningham,
John King, Don Beebe, Toth Gaddis, Hubert Cowan, Margaret Meade,
Nancy McVey, Mary Beth Lynes, Marshall Carlisle, Floyd Pothast,
Kenny Sexton, Claude Prewitt, Helen Edmiston, Ervan Wimberly,
Charles Carnes, Bill Bonner, Bill Isaacs, Carol Hart, Kent
Tharel, Lois Glass, R. E. Buck, Virginia Campbell, George
Faucette, Rita Ferrell, Mrs. Tekla Harnish, Ginny Jackson,
Sam Yalowitz, Edna'Sowder, and other unidentified persons.
Chairman John Power called the meeting to order.
Peg Anderson noted that on Page 2 of the minutes of August 29,
1977, it should say that Peg Anderson "made a motion" instead
of "recommended" that the County Planning Board request Mr. Skillern to bring a
subdivision plat in on the property. With this correction, the minutes were
approved as mailed.
MINUTES
The first item for consideration was a conditional
use request from Youth Bridge, Inc., for a girl's
residential home to be located at 845 North Gregg
Avenue.
John King, 1419 North Woolsey, was present representing Youth Bridge.
Mr. King said he is the chairman of the Board of Youth Bridge. He said they are asking
for a conditional use variance for the purpose of locating a residential home for
children that Youth Bridge serves. He said they have operated group homes for children
in Washington County for several years Mr. King said the Board of Directors of Youth
Bridge feels the children they serve can best receive services if they can locate in
Fayetteville. He said they are proposing to provide family -style residential care
for six or seven girls in the home located on North Gregg. In the past year they have
served 44 girls, 33 from Washington County. He said they have demonstrated to the
people on Stone Street, where they presently have a home for boys, that the people they
serve can be a credit to the neighborhood. They hope to develop one or two more homes
to serve children on a long-term basis. The home on Gregg Street will be short-term,
usually crisis -oriented, with the residents staying six months or less.
Mr. King said they have looked for adequate housing available in their price range and
feel this house will provide a quality facility. He said it is their plan to maintain
it with the dignity it has previously been maintained with and to add to the neighbor-
hood, not take away from it.
Chairman John Power acknowledged a petition with 79 signatures in opposition to
Youth Brige. (This petition follows on pages 10-13 of this agenda.)
Tom Gaddis, 903 North Gregg, who lives in the house next door to the proposed
conditional use, was present in opposition. He said he is not opposed to Youth Bridge
but he is opposed to a "House of Correction" being next door to him. He said he is
strongly opposed to this and feels that the 79 people signing the petition in opposition
feel the same. He said most of the people who signed the petition have lived in the
YOUTH BRIDGE, INC.
Conditional Use Request
845 North Gregg Ave.
Planning Commission Meeting
September 12, 1977 -2-
community for many years. They feel they are entitled to their rights as older
citizens and the freedom and privileges which they should be allowed to enjoy as they
have in the past. He said in some cases there are even feelings of fear among the
residents.
Mr. Gaddis said this is a luxurious house and very expensive and he doesn't know
why the needs of these girls couldn't be met in a less expensive home.
Chairman Power explained that this is a conditional use and not a variance. He said
the Planning Commission does not act as an interpreter as to whether this is a
correction home,
Bill Kisor asked about the status of the land Youth Bridge owns of Highway 16 Bypass.
Mr. King said the construction costs have escalated to where the homes they had thought
they could provide are now out of their reach at this time. He said when they bought the
25 acres on Highway 16 Bypass, they had already considered homes in town which were not
available to them because of fear of the neighborhood, and too, the selling of Boy Land
has been very difficult. He said they found out that it is difficult to sell large
tracts of institutional land.
Mr. King said the Board of Directors of Youth Bridge had looked at the land on Highway 16
and felt they may end up with another institutional-type piece of property which would
be difficult to resell. He said the Board felt individual homes on individual lots
would be the best. Mr. King said they have had to set aside their plans for the 25
acres.
Peg Anderson asked about the house on Stone Street. Mr. King explained that this will
be a short-term home for boys. Mr. King stated that short-term would be approximately
90 days; Boy Land has been long-term homes for boys. He said they would like to
eventually locate four homes in the Fayetteville area for the children they serve.
John King said he felt the house they are buying is economical. He explained that they
need a house for at least 6 beds, with preferably 2-3 bathrooms. He noted that if they
buy an old house, in 30 years or so, they may not have much left in their investment.
John Maguire questioned where most of these children come from. John King said the
referrals come from parents, juvenile court systems, and social services. He repeated
that 33 of the girls they served last year were from the Washington County area.
Hubert Cowan, 911 North Vandeventer asked how many pieces of property Youth Bridge
presently has. He asked also if they had made a survey of the neighborhood to get
their feelings before trying to purchase the property. He also questioned the condi-
tion of the home.
John King said they did not go on a door-to-door survey but 30 homes in the neighborhood
were personally contacted. He said he was convinced this was a house he would buy
personally and members of the Board have gone through the house; also, the person who
maintains their houses has looked at the house and they feel it is in good condition.
Bill Kisor asked what the feelings were of the people they had contacted. John
King said a number of the people in the neighborhood were supportive of Youth Bridge.
Margaret Meade, 424 Patricia, said she would like to voice support for Lighton House
to be in the neighborhood. She felt it is very important that the girls be integrated
in a good neighborhood.
Nancy McVey, 517 Hawthorne, said Gregg Avenue is an extemely busy'street. She noted
that there is only a two-car garage and parking for two cars at the house. She said
when you have six or seven young people and people visiting them, it would make for
a lot of traffic. She said when people buy into an R-1 District, they hope that it
will be single -family residences. She said every couple of years you can spot-zone and
she doesn't like this.
Mrs. Edna Sowder, 1029 North Gregg, said between Prospect and North Street, there are
12 residences, eight of which are occupied by people who are 60 years or older. She
felt this should be taken into consideration.
Bobbie Jones pointed out that the property in question is zoned R-2, not R-1. The
west side of Gregg is R-2.
Chairman Power said the Commission has been very protective of the residential areas
and also agreed with Bobbie Jones' interpretation of what Use Unit to put this
conditional use in.
Planning Commission Meeting
September 12, 1977
Bill Kisor said he feels this is the wrong location and the wrong neighborhood.
Bill Kisor made a motion to deny the conditional use
John Maguire seconded the motion.
Mr. Maguire said what some of these girls need is a little love. He said the older
people in the neighborhood are missing an opportunity to -share their life with these
girls.
Peg Anderson said she feels it is important that they take a stand of helping their
youth who have troubles. She said she feels they need this type of home in an area
where girls can live a normal life. She said you should work with them and try to
help them. She stated that there are rules which will allow the City totake action if
there is any kind of trouble, break-ins, etc. She stated there may be much more
supervision over girls at Youth Bridge than a lot of other children around. She
questioned who present had not at some time had children with problems.
John Power questioned the traffic situation on North Gregg. John King said Youth Bridge
children do not have a car. The house parents' car and the case worker's car would be
there. He said it is a two -car garage and there are two parking places in the yard.
He said the staff will make every effort to divert traffics: with car pools, etc. He said
their traffic will not be a nuisance. He also said they will have a maximum of 7 girls
at one time.
Chairman Power asked if they could accept a time limit on this of one year or so and
then come back in so the Planning Commission may re-evaluate them. City Attorney
McCord said there wouldn't be any legal problems with this.
Mary Beth Lynes, 720 Stone Street (house parent) said they would not allow any of the
girls to have a car. She said the social worker comes over at some time each day and
he may have a car. She said they never allow any type of party situation, and would
not allow six boys to visit at one time. They only allow one friend over at a time.
She stated that the usual number of cars parked out front would be one.
Chairman Power asked if they could come back in one year and show the Commission and
the 79 objectors that they will not present any problems.
Ms. Lynes said she feels they can prove they are good neighbors. She said the girls
are coming there because they need some love. She stated that they have never had any
problems in the neighborhood where they are now located.
Peg Anderson said she would go along with a condition on the number of people and the
number of cars. She said we have other laws and ordinances which would take care of any
problems.
Keith Newhouse said he is impressed with the numbers on the petition but feels at
least 2/3 of the petitioners on the list would not be very well concerned with this.
Mr. Newhouse said he had looked at the house and there is some room between houses and
there is nothing to the rear of the house, just empty space.
He said these people need this opportunity to exercise this mode of helping these
girls:.. He said people should look at their conscious as to what they are doing in
denying this.
Jack Ray felt if this was granted for a 12 -month period he has every confidence that
when they return and ask for an extension there wouldn't be any grounds to deny it.
He said he believes Youth Bridge will do what they are saying they will do and be a
good neighbor.
The motion to deny, made by Bill Kisor and seconded by John Maguire failed to pass,
2-6, with Kisor and Maguire voting "Aye" and Ray, Davis, Anderson, Jacks, Newhouse,
and Power voting "Nay".
Peg Anderson made a motion to grant the conditional use with the following stipulations:
1) no more than seven girls live there at one time; 2) no more than four cars; and 3)
come back in one year and let the Planning Commission re-evaluate them.
Rita Davis said the car problem bothers her. She noted that they had five cars at
her home last year.
•
•
•
Planning Commission Meeting
September 12, 1977 -4-
Peg Anderson amended her motion to delete the limitation on the number of cars.
Jack Ray seconded the amended motion.
The motion to grant the conditional use for a period of one year with the stipulation
that there be no more than seven girls present at one time passed 6-2, with Davis,
Anderson, Ray, Power, Jacks, and Newhouse voting "Aye" and Maguire and Kisor voting
"Nay".
The next item for discussion was a written
request from Donald H. Taylor asking that
Mathias Subdivision preliminary plat be put
back on the agenda. If the Planning Commission
agreed to rehear this, it would be heard today.
No one was present to represent..
Mr. Jacks said the Subdivision Committee told Mr
to the Planning Commission with a recommendation
they not reopen thehearing.
He said the Subdivision Committee is comfortable
plat at the last meeting.
Peg Anderson said she would like to rehear this.
through streets.
Keith Newhouse made a motion to deny the rehea
which passed 7-1, with Newhouse, Jacks, Ray, D
"Aye" and Anderson voting "Nay".
REQUEST TO REHEAR
MATHIAS SUBDIVISION
Preliminary Plat
. Taylor they would bring this request
from the Subdivision Committee that
with the approval of the preliminary
She questioned the importance of
ring. Ernest Jacks seconded the motion,
avis, Kisor, Power, and Maguire voting
The third item for consideration was a REZONING PETITION NO. R77-33
public hearing on Rezoning Petition No. First National Bank
R77-33, First National Bank, Executor
of Ethel B. Smith Estate, to rezone property
located on the North side of Mountain Street, West of School Avenue (behind Bogey's
formerly Selle's Restaurant), from R-0, Residential Office District to C-2, Thorough-
fare Commercial District.
Attorney Marshall Carlisle and Floyd Pothast were present to represent.
Mr. Carlisle said about a year and a half ago, they submitted a proposal to rezone
this. At that time, Larry Wood reported that a study was being made of this area west
of School Avenue and that he would come back with a recommendation. He said Planning
Consultant Larry Wood recommended that this be the dividing line and the property be
rezoned.
Mr. Pothast said this area is going to be used for parking as it has been used. He
said the bank is wanting to sell the property to Roger Seratt and settle the estate.
No one was present in opposition.
Chairman Power acknowledged that Planning Consultant Wood did recommend the rezoning.,
Bill Kisor made a motion to approve the rezoning. Jack Ray seconded the motion,
which passed 6-2, with Ray, Kisor, Power, Jacks, Newhouse, and Maguire voting "Aye"
and Davis and Anderson voting "Nay".
The fifth item for consideration was a DUPLEX CONDITIONAL USE
conditional use request for a duplex Kenny Sexton $ Bobby Ball
to be located on Highway 265 South, Highway 265 South
submitted by Kenny Sexton and Bobby Ball.
Kenny Sexton was present to represent.
Kenny Sexton said Mr. Ball owns the property and they want to build a duplex on it
and each live in one side. He said they are planning to build a more expensive
duplex which will have 1100-1200 square feet, to use as their principal residence.
Planning Commission Meeting
September 12, 1977 -5-
Billie ?, daughter of Mrs. Ernest Von Erdmannsdorff, said they do object
to the duplex. She said she understands this will be a duplex like . one on
Wyman Road and she doesn't feel it will add anything to the community.
Peg Anderson questioned the water and sewer situation. Mr. Sexton said the sewer
line should be started in a few weeks and would be completed within 150 days.
Peg Anderson said she will support duplexes when they are nice and in a more built
up area but she doesn't see a reason for a duplex in that area.
Peg Anderson made a motion to deny the request. Keith Newhouse seconded the motion,
which passed 8-0.
The sixth item for discussion was a REZONING PETITION NO. R77-30
public hearing on Rezoning Petition Bryce J. Davis
No. R77-30, Bryce J. Davis for Hwy 71 Bypass $ Hwy 62 West
Frank Lynch and Frank Krupa to rezone
property located west of Highway 71 Bypass and north of Highway 62 West from A-1,
Agricultural District to R-2, Medium Density Residential District. This item was
tabled at the August 15, 1977 meeting and some action must be taken at this meeting.
Bryce J. Davis was present to represent.
City Attorney McCord explained that the Ordinance says
if .the Planning Commission neither approves nor disapproves a proposed
amendment within forty-five (45) days after the public hearing the
action on such amendment by said Planning Commission shall be deemed
favorable; this period may be further extended by vote of the
Planning Commission if all the parties involved agree in writing to
an extension.
Jim McCord stated that he didn't feel they would have any problem tableing this if Mr.
Davis has valid reasons to table.
Chairman Power acknowledged that he did have a request in writing saying the developer
has not completed the study of the access road asked for by the Planning Commission
at a previous meeting. Bryce Davis said he is waiting for his engineers to finish
their study.
Peg Anderson said she thought they had a study which says they will not develop the
land away from the bypass until they develop the land near the bypass.
Peg Anderson made a motion to deny the request for rezoning. This motion died for
lack of a second.
Chairman John Power noted Larry Wood's reasons for not recommending the rezoning.
Chairman Power said the Planning Commission had recommended that they bring in a
drawing showing what they plan to do with the property. Chairman Power noted that
this is almost 42 acres of land and questioned.lif the study of the access road may
alter Larry Wood's recommendation.
Planning Consultant Larry Wood said he would recommend that the Commission seriously
consider developing inside the bypass before developing outside the bypass with all
the undeveloped land there. He said he doesn't know what the access plan they are
working on will show.
Bryce Davis said they were requested by the Planning Commission to come back with a
study of the access roads and bring back a plan showing what they will do. He said
if they will give them until the next meeting, they will try to comply with that
request.
John Maguire made a motion to table the rezoning until September 26.
Jack Ray seconded the motion, which passed 7-1, with Davis, Ray, Kisor, Jacks,
Newhouse, Maguire and Power voting !'Aye" and Anderson voting "Nay".
•
•
•
Planning Commission Meeting
September 12, 1977 -6-
The seventh item was a public hearing to consider a PRIVATE DRIVES IN
proposed ordinance to amend Article 8, Section 12 PLANNED UNIT DEVELOPMENTS
Planned Developments, of Appendix A - Zoning, Fayetteville
Code of Ordinances to clarify the requirements for a Planned Unit Development, to
allow private drives rather than public streets in a Planned Unit Development, and
to establish minimum construction standards for such private drives, and for other
purposes.
Ernest Jacks said this Ordinance follows a recommendation that the Subdivision
Committee made. He said this is just a temporary measure until Larry Wood has
completed a new Planned Unit Development Ordinance.for the City to study and adopt.
Mr. Jacks said they do recommend that the Planning Commission accept this Ordinance
to allow private roads in a Planned Unit Development.
City Attorney McCord said Street Superintendent Clayton Powell asked that they
put that improved shoulders would be required.
Claude Prewitt said they feel strongly that they need the private streets in Planned
Unit Developments. He said they are concerned about street requirements. He said
with the improved shoulders, you end up with 24 foot wide streets. He feels this
is excessive in many situations. He feels there is a problem in the proposed
ordinance with requiring something and if they do not need it, having to obtain a
waiver from the Planning Commission.
Chairman Power questioned if they are requiring paved shoulders and City Attorney
McCord said the Street Superintendent is asking for stabilized shoulders.
Claude Prewitt also objected to the maximum length of a cul-de-sac. Ervan Wimberly
said they maintain that 1000-1500 feet should be the maximum length for a cul-de-sac
instead of 500-1000 feet.
Ernest Jacks questioned what assurance they have that the Homeowner's Association will
maintain the streets. He was concerned that some of these private streets may be
through streets at a later time. Claude Prewitt said the Planned Unit Developments
they have been working with do not have any of the private streets as through streets.
Charles Carnes, 741 North Lewis, feels private roads in Planned Unit Developments
do have advantages both for the developer and the City. He said you have to consider
the Homeowner's keeping the roads up --he said it depends on how well the Homeowner's
Association will maintain the streets. He stated that you don't know exactly whether
a Homeowner's Association will become a viable entity. He said he is concerned
with private roads which will connect two public streets.. He asked also about the
control of parking on the private streets. City Attorney McCord said the City wouldn't
have any control over that.
Chairman Jacks asked if the Commission would be in favor of through streets within
a Planned Unit Development being built to City standards. The Commission agreed
that through streets should be public streets and built to City standards.
Claude Prewitt did not agree with the setting of standards with a provision for
a waiver. City Attorney McCord said from a legal standpoint, you are supposed to
set standards and provide for a waiver. He•said there are a number of cases where
it says a developer must know what may be requited of him. He explained that the
accepted approach is to set out what can be required and make a provision for a
waiver from these standards. Jim McCord said if they want to include that the City
of Fayetteville is a part of this agreement and would force them to maintain the
streets, they can but he doesn't see any reason for this.
Claude Prewitt suggested they put "curb and gutter may be allowed in lieu of
improved shoulders and drainage".
Bill Bonner questioned the wording on paragraph D for drainage ditches. Jim McCord
said he would clarify this to read "1 ft. vertical to 3 ft. horizontal" and "1 ft.
vertical to 2 ft. horizontal?.
Planning Commission Meeting
September 12, 1977 -7-
Mr. Bonner also questioned which side would -be the "street side" and City Attorney
McCord said he would clarify this.
Ervan Wimberly said they should make some reference to providing storm drainage in
necessary curb and drop inlets. He felt it should say "storm drainage systems should
be installed and approved by the City and the Subdivision Committee".
Peg Anderson made a motion to recommend this to the Board of Directors for approval
with the amendments discussed above.
City Attorney McCord recommended to amend Section (h) to read a sign saying "Private
Drive" is not to exceed 24" x 12".
The motion, made by Mrs. Anderson and seconded by Mr. Jacks passed unanimously.
Next was a publichearing to amend Appendix MODIFY AND MORE CLEARLY
A - Zoning - Fayetteville Code of Ordinances DEFINE PARKING REQUIREMENTS
to modify and more clearly define parking,
fencing and screening requirements.
The public hearing was accepted at the July 25, 1977 meeting but was tabled to make
necessary revisions. This item was also tabled at the August 22, 1977 meeting.
Bobbie Jones noted that they had deleted completely the section on "liquor stores".
City Attorney McCord recommended amending to delete Article 5, Section 22(c)
rather than the entire Section 22.
Ernest Jacks made a motion to approve with deleting "wall" in Section 2(d) of the
proposed ordinance, and that the City Attorney have the typographical errors corrected.
Peg Anderson seconded the motion, which passed unanimously.
The last item for consideration was a LIFE STYLES, INC.
• conditional use request for a supervised Conditional Use Request
living facility for employed adults 318 East Dickson
who are mildly, mentally retarded or
developmentally disabled, to be located at 318 East Dickson Street, submitted by Life
Styles, Inc.
Attorney Bill Isaacs, 1039 Bel Air, was present representing Life Styles, Inc.
Mr. Isaacs said this would be a residential facility for adults. He explained
that this residence is now a non -conforming use containing three apartments in
an R-1 district. He said the Planning Commission could require that they be more
than 50 feet from the property line but the house is existing and the adjoining
houses are existing and cannot be removed. He said the type of individual they will
have in this facility is not a neurotic person nor a person who is prone to violent
or sexual acts. He said the people to be housed here are employed. He said they
are "slow".
Mr. Isaacs said Life Styles, Inc. is presently located in an old motel. He presented
a letter from the Tae Kwon Do Academy who rents the upstairs of the motel where they
are presently housed, which says they have not had any problems with the residents
of Life Styles. He explained that the residents will be constantly supervised by
house parents who live at the facility and they are not allowed to drive cars.
Chairman Power questioned why they are moving from the location on North College.
Carol Hart, 7 South West Street, Director of Life Styles, Inc., said when they had
moved there, it was because they had not found another location to meet their
needs. She said they had never looked on this as a permanent location. She said
they only lease a portion of the motel and have no "say" over the other people who
live there. The residents have to come across the parking lot to get to the kitchen
facilities. Several times during the winter they slipped and fell. She said they
• are wanting to create a home environment for the residents. They are proposing that
the first floor be used for the house parents and common area, the male clients be
in the basement, and the female clients be on the second floor.
•
•
•
Planning Commission Meeting
September 12, 1977
Chairman John Power questioned if they had discussed this with the neighbors before
bringing this to the Planning Commission. Mr. Isaacs said members of the Board had
contacted the adjoining property owners.
Kent Tharel was present representing Mrs. Glass, an adjoining property owner. He
questioned if there should have been some notice given to the adjoining property owners.
Mr. McCord explained that there is no notification required on conditional use
applications.
Kent Tharel said the close distance is one of the biggest problems the adjoining
property owners have. He said Mrs. Glass owns the property immediately to the
east. He said the distance between her west wall and the east wall of the house is
about 1711 feet.
He said she had had the property surveyed when she had a fence put up and Mr. Mahaffey
told her that in his opinion the east wall of the house which Life Styles is proposing
to lease is right on the property line. Mr. Tharel also explained that there would
be a substantial decrease in the property value. He feels this would constitute a
significant change in the way the property is being used to change it from apartments
to a residential living facility for Life Styles, Inc.
Lois Glass, 356 East Dickson, said the owner of the property told her they could sell
the property if they would allow 10 mildly mentally retarded adults, 2 adult house
parents and one child to lease the house. She said she objects because 1) this
will decrease the value of the property in the area; 2) she said she does not want this
near her. She explained that Mrs. Campbell and Mrs. Ferrel and she live alone
and do not want retarded men living close to them. She said she would be concerned
for her safety. She said the people wanting to buy the house are two investors
who will lease the house to Life Styles, Inc. Mrs. Glass questioned why they would
want to move if they already have housing for the people. She also questioned if
anyone on the Planning Commission would like to have these people next door to them.
R, E. Buctc 503 North West 9th Street, Bentonville, President of the Bank of Benton-
ville, was present to help his sister-in-law, Lois Glass. He explained that due
to the very close proximity of the Glass house to this facility, it would reduce the
value of the property at least $10,000. He said it would also reduce the value of
the surrounding property considerably.
Rita Davis asked if Life Styles is planning to purchase the property. Mr. Isaac
said Life Styles has located two investors who feel they have found a house which is
for sale which would be good investment for them. He said they have agreed to buy
the house and lease it to Life Styles, Inc. for the purpose outlined.
Virginia Campbell, 401 East Dickson said this is a nice quiet neighborhood and she
lives alone and would object to that many people living in that house She felt that
it would be too many adults in the house.
George Faucette, 10 West Ash, one of the investors clarified that there would be
three investors buying the property. Mr. Faucette said he lives across the street
from Richardson Center and he doesn't feel his property value is affected at all by
that. He said he feels no qualms about living there. He explained that some of these
children at Richardson Center are not trainable at all. He also noted that there are
9-10 adequate sleeping rooms in the house. He felt the property values would be limited
only by the number of people who wouldn't buy a piece a property because of the neighbors
Rita Ferrell said she is opposed to Life Styles. She also noted that there is a traffic
problem there.
Mrs. Tekla Harnish, 1140 North College said they have been house parents at Life Styles
since January 1977. She said they were house parents to severly retarded men for 15
months in Wisconsin before moving here. She said she has a two year old child and has
never had any problems with any of the clients and her child's development has not
seemed to be_any slower than normal because of her association with retarded people.
Ginny Jackson, 1225 Oak View, a member of the Board of Life Styles was present to
support them. She said the facility has been located at the motel for approximately
a year and in the initial stages there were objections from the neighborhood. She said
during the year they have been there, there have been no complaints or problems with
•
•
•
Planning Commission Meeting
September 12, 1977 -9-
the neighborhood at all.
Sam Yalowitz, also a member of the board of Life Styles, was present. He said records
would probably point out that these people have a much lower incident rate of running
into trouble with the law than other people. He didn't feel they would present any
problems.
Chairman Power questioned if they have sought other possibilities in the R-1 zone.
Mr. Isaacs said they have been looking for a good site for a number of years.
Mr. Tharel said the Commission does need to consider how to deal with the setbacks
requirements which are in the Zoning Ordinance. Mr. Power said they do not have to
deal with the setback requirements, they are discretionary.
Mr. Isaacs said these people are merely slow and there has been no criminal activities.
He said they deserve a nice place to live. He said they work and pay taxes. He noted
that these people have a lower incident rate of criminal activities than other people.
John Maguire questioned who owns Life Styles. Carol Hart said it is a non-profit
organization funded by the Arkansas Human Services and governed by the Board of Direc-
tors who are members of the community.
John Maguire said he felt R-1 should be single-family. He felt the Planning Commission
should consider the extra -ordinary care under the law which they are compelled to render.
Peg Anderson asked if this house was built before or after Mrs. Glass' home and Mrs.
Glass said it was built before her home.
Peg Anderson said she felt the same way on this request as on Youth Bridge. She
questioned if there is anything which would prevent these apartments from being rented
to mentally retarded people now.
Peg Anderson made a motion to approve the conditional use with no more than 10 clients
allowed and that they come back in so the Planning Commission may re-evaluate them in
one year.
Ernest Jacks seconded the motion, which failed to pass 4-4, with Ray, Jacks, Newhouse,
and Anderson voting "Aye" and Davis, Kisor, Maguire, and Power voting "Nay".
Chairman Power explained that he felt they should be looking into the zones where they
are allowed, R-0, C-2, C-3, and I-1. He said unless the circumstances change, the
Planning Commission cannot rehear this same matter within one year.
George Faucette said he had tried to help Youth Bridge find a place to locate and had
looked for several months and could not find anything suitable. He said it is very
difficult to find something which is large enough and in a price range which they can
afford.
Peg Anderson left the meeting at 8:05 P.M.
Ernest Jacks said the Subdivision Committee recommended PARNELL CONST.
to the Planning Commission that they waive the safety zone LSD
on the southmost driveway of Parnell Construction Company's
Large Scale Development at Duncan, Highway 62, and Buchanan.
Mr. Jacks made a motion to waive the safety zone, which was seconded by John Maguire
and passed unanimously.
Bobbie Jones explained that October 24 is observed as OCTOBER 24, MEETING
a city holiday and asked what day the Planning Commission
would like to reschedule the meeting for. Mr. Power said the meeting would be on Tuesday,
October 25, 1977, at 5 P.M.
Mr. Power asked -Bobbie Jones to put the letter from Vol Lester concerning the use of R-1
zoned property for parking on the September 26 agenda.
The meeting was adjourned at 8:30 P.M.
Planning Commission Meeting
September 12, 1977
•10 -
?E TITIOL! DEF- OS1?. I: CC TON OF YOUTH BSTDi'E,
INC. F,?CILITY AT 815 N. GREGO ST., FAY., A'
the undersigned residents and property owners who live in t
865 N. Crez2 St.
of Youth Bridge,
e immediate vicinity of
wish to express our opposition to the procosed location of a facility
Inc. at 815 R. Gregg St., Fayetteville, Arkansas. This is an old and
established neighborhood where such an establishment would infrinEe on the peace
and trancu_11
or elder residents of the arca, as well es increasing traffic. t:nitrio
housing also violates the R-1 zoning of
the area. 'vniie we are cert-inly not oprosed
to our youth, we do reel. they would be better
with more space for self expression.
' / //11 NJM1E
filt
?P/N, VedotiCeafo
2
served by living in' fTess por,uleted Brea
PLLRESS,S_
/11•.%JV—
h • och,dea,t
` fet.cG°ZGLe-fit,
c:6 W. XtLf
62/3 6'l r a Pi
/4/3 �/� ✓
CATE
�/1�7 2
9/V77
V9 77
9/9/77
0/77
%/9/7 7
9/9/ 797
7n/7 7
2/7l2 2
/ 6 2 7 7 c._ CCe—, ? /7 7
Planning Commission Meeting
September 12, 1977
po aL :64
7»
4.gi4
Ods✓
i� usi
abtau
Qi(4,(L. itnL-••• •
�l•qa.o
7D J,,,-,,b,w
7-
47) 4- c4o-iGvi.
cJ
52510. (Altaic
235 Cl
Ls2-,/6 d
U 4
4 r w CSI
/c r , _ L' teta-p .,
.st,A_
`fay 9kiefg r- 1
L(3 f
5-D S u
9 f r/41ent---c74,
11:47E
c
p /977
7/7/
.', /977
Sut-t ?- /? 77
. q-/97/
- /f??
el (IIV
7—/0 /7 7 7i
/777/
4a/ /0 - /2 7 7
770 /9,1
70,/977
C'. 71 -AH -6-- g02 b Noeve n ►�
27V Q 6 rnr.
%Ing r Qtv(
a:), barn g-Qn1J
- U L(CY12.(f n z (A,
Planning Commission Meeting
September 12, 1977
C . VJ•S,\�
AEDRESS
l 35—`r - t-sz/7-
7.3 9 H. a-tif
S-7
3 /‘' ce
5/ 7 —r i,
<z -
•
9- j 7
gS//7 7
-77
414:7X-2-4/1 7
A/tot t/.,,
�r
44 45-
rr
- - 7
-Sl 7-1
27-77
7-(- TT
// 74/1///,nr,A /TF 'L i c 77 C
.S' ��c_zu�29--877
l i /\` U
• ty",,,,./cetet
/9,4,,
off"
---
1
,.
4, 83 ZJ--o
y/8/7
1/1 77
Planning Commission Meeting
September 12, 1977
, //rest-
bLei
i`2--4/1-i4Y7‘Jj-ron%Sec e3/4"v1-411Aa •'
-13-
�,- c
,x."
'Ne -`4" 44-e- iGG>�
A—'J j AZ JO S
45cL 4 77 !, , /,/� 4 1 t J v74 �1.�.J
�. i✓////` (/� 'Yl -Lir.- f �
a & 7 Jam, 1/1/ -*1 7/42AZt
• 77
MicAdi � � 2 734/ j\/
/
/a&L,, g/77
9/277
� LA U��`'ref 9//77
5,3 l//0/71
c d� % Jo- 77
¥a8 /.✓> o .&&
5A//
't—/0-71
Sea �4 tc - 9-//
<, () 7 - // - 77
- 77
9. -9 -?9
9/x/72
//77
%!9/7?
q/r/77
-- / — 7
9-��-77
/'- 7
•
•
RESOLUTION PC 52-77
WHEREAS, a public hearing was held by the Planning Commission, Monday,
September 12, 1977, fifteen (15) days after a sign was erected upon the
property and 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 Rezoning Petition
R77-33, First National Bank, Executor of Ethel Smith Estate.
NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION
TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS.
SECTION 1. That an ordinance be adopted for the purpose of rezoning
from R-O,,Residential Office District, to C-2, Thoroughfare Commercial District,
said real estate.
LEGAL DESCRIPTION:
Seventy-three (73) feet of equal and uniform .width off of the
West side of the Southeast Quarter (SE;) of Block Numbered
Twenty-three (23) in the original plat of the Town (now City)
of Fayetteville.
SECTION 2. That the above described property be rezoned from R-0,
Residential Office District to C-2, Thoroughfare Commercial District, so
that petitioner may develop property accordingly.
PASSED AND APPROVED this
day of , 1977.
APPROVED:
John Power, Chairman
•