Loading...
HomeMy WebLinkAbout1978-04-24 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held on Monday, April 24, 1978, at 5:00 P. M., in the Board of Directors Room, City Administration Building, Fayette- ville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Rita Davis, Ernest Jacks, Newton Hailey, Keith Newhouse, Peg Anderson, Elizabeth Crocker, Bill Kisor, Morton Gitelman. John Power. Bobbie Jones, Angie Medlock, David McWethy, Wade Bishop, Harry Gray, Garland Melton, Judith Robinson, and other unidentified persons. Chairman Rita Davis called the meeting to order. Mr. Hailey noted that on Page 5 of the minutes of MINUTES April 10, 1978, under Rex Benham conditional use, Mr. Hailey had voted "Aye". Mr. Gitelman had been listed as voting both "aye" and !'nay". With this correction, the minutes were approved as mailed. The first item for discussion was the approval HARRY SAWYER TOYOTA of the large scale development plan for Harry Large Scale Development Sawyer Toyota to be located at the intersection Hwy. 71 N. $ Zion Road of Highway 7.1 North and Zion Road. The Ordinance requires Planning Commission approval of developments abutting a controlled access highway; however, the requirement for the access road is met with Frontage Road. Ernest Jacks said the Subdivision Committee did approve the large scale development plan with certain contingencies. He said the frontage road is not a problem in this case since the frontage requirement. is met with Frontage Road. Mr. Jacks made a motion to approve the large scale development with the contingencies noted in the Subdivision Committee meeting. Keith Newhouse seconded the motion, which passed 7-0. The second item for consideration was the preliminary plat approval of Regency North Subdivision located north and east of Appleby Road; Wade Bishop, developer. Wade Bishop was present to represent. Ernest Jacks made a motion to approve Review Comments; and 2) the developer strip on Wayne Drive for a sign to be Bill Kisor seconded the motion. Peg Anderson stated that this is recreation space. The voted was 6-1, "Aye" and Anderson REGENCY NORTH Preliminary Plat N. $ E. of Appleby Road the preliminary plat with 1) meeting all Plat be allowed to retain ownership of a median erected in conformance with the sign ordinance. a subdivision with many lots and no with Davis, Jacks, Hailey, voting "Nay". Newhouse, The third item for consideration was a conditional use request submitted by T. C. Chapin on behalf of Pilgrim Church for a church to be located at 2879 Old Wire Road North zoned R-1, Low Density Residential. Harry Gray was present to represent the petitioner. green areas or Crocker, and Kisor voting T. C. CHAPIN Conditional Use Request Pilgrim Church 2879 Old Wire Road Planning Commission Meeting April 24, 1978 -2- No one was present in opposition. Ernest Jacks made a motion to approve the conditional use motion, which passed unanimously. The next item discussed was a duplex conditional use request submitted by Ellis Melton, Jr. to convert a house into a duplex at 695 Razorback Road (southwest corner of Razorback Road and Cleveland Street), Residential District. Rita Davis acknowledged a letter be withdrawn. Ernest Jacks made a motion to approval the withdrawal. motion, which passed 7-0. Morton Gitelman arrived at 5:15 P. M. Bill Kisor seconded the DUPLEX CONDITIONAL USE Ellis Melton, Jr. 695 Razorback Road zoned R-1, Low Density from Mr. Melton askingthat this conditional use Newton Hailey seconded the Next was the public hearing on Rezoning Petition R78-11, Garland Melton to rezone property located on the west side of North East Street and South of Dickson ....JREZONING PETITION R78-11 Garland Melton N. East $ Dickson Streets Street from R-0, Residential Office District to C-2, Thoroughfare Commercial District. Garland Melton was present to represent the petition. Rita Davis acknowledged Planning Consultant Larry Wood's report in which he did not recommend the rezoning for the following reasons: 1. 2. The request is not in keeping with the General recommendations for this area; and The area in question is primarily developed offices and churches and possesses a unique which could be impaired by some of the uses in the C-2 district. Plan with integrity permitted Mrs. Davis noted that the Planning Consultant had stated that the proposed use as a bridal shop seems more consistant than some of the present uses allowed in the R-0 District and said the Planning Commission might consider holding a public hearing to allow bridal services including clothing as a Use Unit 12 use. Garland Melton was present to represent the petition. Mr. Melton said he would be willing to provide the City with a contract that the property will be used as bridal shop or revert back to a R-0 use. He said he would rather do that than hold a public hearing to add a bridal shop to Use Unit 12 because that would take quite a bit of time. Mr. Melton said they will not do anything to impair the unique integrity of the area. Peg Anderson said what concerns her is if this is in keeping with the general plan. Mr. Gitelman said he feels what has been done around the Square has put the smaller type commercial ventures out of the downtown area. He said he would like to see the property toward Dickson Street used for the kind of shops like the Frame shop, bridal shops, etc. He said he felt rezoning the property to C-2 would make the property higher priced and might discourage these type of ventures. He said he feels they need to_encourage more of the smaller commercial ventures. No one was present in opposition. Bill Kisor said he would rather see the property rezoned than add a bridal shop to Use Unit 12. Bill Kisor made a motion to approve the rezoning. Peg Anderson seconded the motion. • • Planning Commission Meeting April 24, 1978 David McWethy asked if they wanted to add in the motion that the petitioner submit a Bill of Assurance. Bill Kisor amended his motion to approve the rezoning to C-2, Thoroughfare Commercial District with the petitioner submitting a Bill of Assurance that the property will be used for a bridal shop, or will revert back to an R-0 use. Peg Anderson seconded the amended motion, which passed 7-1, with Hailey, Kisor, Anderson, Davis, Newhouse, Gitelman, and Crocker voting "Aye" and Jacks voting "Nay". The next item was the public hearing on Rezoning Petition R78-12, McClinton Investment to rezone property located on the south side of Dickson Street between North East and North Block Streets from R-0, Residential Office District to C-2, Thoroughfare Commercial District. Garland Melton was present to represent the petition. Rita Davis acknowledged Planning Consultant . Larry Wood's report which recommended that the rezoning not be granted for the following reasons: 1. The request is not in keeping with the General Plan recommendations for this area; 2. The west half of this lot already contains a professional office and the east half is vacant. The east side of this property is in an area primarily developed with offices and churches and possesses a unique integrity which could be impaired by some of the uses permitted in the C-2 district; and, 3. The proposed use, of the property is allowable under the existing R-0 district. REZONING PETITION R78-12 McClinton Investment East & Block Streets Garland Meltonsaid they intend initially to take the entire old Eason property and put bituminous mix on it and provide parking for the bridal shop and parking for their own building. He noted that with the C-2 zoning, they have the latitude also to expand their office building, or if the Central Business District fills up with small shopes, they might be able to have. multi -use shops on the lower level and have offices on the upper floors. Peg Anderson questioned if they would leave the existing trees on the lot and Dr. Melton felt they would. Keith Newhouse made a motion to approve the rezoning. Peg Anderson seconded the motion, which passed 7-1, with Hailey, Kisor, Anderson, Davis, Newhouse, Gitelman, and Crocker voting "Aye" and Jacks voting "Nay". The next item was a conditional use request submitted by Judith E. Robinson, for property located at 213 Summit Avenue to use the house for one (1) school year (September 1978 -May 1979) as a private elementary school, zoned R-1, Low Density Residential District. Judith Robinson was present to represent. Ms. Robinson explained that the idea of the private school is to be able to give children more individual attention. She said they will be limited to 20 students and will have two full-time instructors and will have different teacher's assistants. CONDITIONAL USE REQUEST Private Elementary School Judith Robinson 213 Summit_Avenue • • • • Planning Commission Meeting April 24, 1978 -4- Morton Gitelman asked if the State Board of Education has any restriction over this type of school and Ms. Robinson said "no". Chairman Davis acknowledged a petition in opposition with 20 signatures. Judith Robinson said she had talked with several surrounding property owners and the only one who objected was Mrs. Guise She stated that Mrs. Giese objects to the idea of a private school --she feels children should go to public schools. Peg Anderson questioned if there is sewer in this area and Judith Robinson said she did not know. Bobbie Jones said there is sewer in the house next to this one. Rita Davis questioned how large the house is and Newton Hailey said it is about 1200 square feet. Mr. Hailey asked Ms. Robinson if she had checked with the State Plumbing Code on.dfhe number of required fixtures, etc. Ms. Robinson said they had checked this for the?montessorischool about three years ago. The.mon,tessorichool was approved for this location for one year but they had to move in order to have a larger facility. Rita Davis said she would want a larger space for 20 children. Newton Hailey said the pre-school regulations call for 35 square feet per child and the -square footage decreases as the children get older. Mr. Hailey asked if there are separate toilet facilities and Ms. Robinson said there is only one toilet. Rita Davis questioned if they would serve food and Judith Robinson said they would not --the children would be required to bring their lunch. Bill Kisor asked Bobbie Jones if she had received any complaints on the montessori school and Bobbie Jones said she could not remember. Judith Robinson said this location would just be for one year to see if they can get the private school going. Newton Hailey made a motion to approve the private school with a maximum of 15 students, to run from September 1978 -May 1979, and that the applicant obtain a certificate of occupancy from the City, and et clearance from the plumbing, electrical, building, and fire inspectors. Bill Kisor seconded the motion, which passed 7-1, with Hailey, Kisor, Anderson, Jacks, Newhouse, Crocker, and Gitelman votin "Aye" and Davis voting "Nay". Ernest Jacks made a motion to add to the Pla Commission by-laws that an abstention does n count one way or the other on a vote. Bill Mr. Gitelman stated that this has the effect vote since there is another rule of the Plan The2affirmative vote of five members. The motion passed unanimously. The meeting adjoured at 6:05 P. M. ning ABSTENTIONS t isor seconded the motion. of making an abstention vote a "no" dng Commission that any action requires RESOLUTION PC 26-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, April 24, 1978, 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 R78-11, Garland Melton. 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-0, Residential Office District to C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: Beginning at a point 281 feet South of the Northeast corner of Block No. Two in the City of Fayetteville, (as shown by the original plat -of said City) and running thence North 75 feet, to the center of an alley, thence West 100 feet, thence South 75 feet, and thence East 100 feet to the place of beginning. SECTION 2. That a Bill of Assurance be submitted that the property will be used as a bridal shop, or will revert back to an R-0 use. SECTION 3. 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 , 1978. APPROVED: Rita Davis, Chairman RESOLUTION PC 27-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, April 24, 1978, 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 R78-12, McClinton Investment. 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-0, Residential Office District, to C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION A part of Lot Two (2) in Block Two (2) of the Original Town (now City) of Fayetteville, Arkansas, described as follows, to -wit: Beginning at the South end of a rock wall which is 8 feet North of the Southwest corner of said Lot Two (2) and.running thence North 172 feet and 6 inches, more or less, to the North end of said rock wall; thence East 117 feet, more or less; thence South 172 feet and 6 inches, more or less; thence West 117, more or less, to the point of beginning and known as the H. K. Wade and Katie E. Wade home at the Southeast corner of the intersection of North Block and West Dickson Streets in the City of Fayetteville, AR; and Part of Block Numbered Two (2) in the City of Fayetteville, described as beginning at the Northeast corner of said Block Two (2) and running thence West 100 feet; thence South 206 feet; thence East 100 feet; thence North 206 feet to the beginning, LESS that part now embraced in Dickson Street, running along the North side of said Block, supposed to be 10 feet and 8 inches. 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 , 1978. APPROVED: Rita Davis, Chairman • • • RESOLUTION NO. 9{ - 7g A RESOLUTION AMENDING ARTICLE III, SECTION E OF THE BY LAWS FOR THE FAYETTEVILLE PLANNING COMMISSION TO PROVIDE THAT ABSTENSION FROM VOTING ON A MATTER BY A COMMISSIONER SHALL NOT BE CONSIDERED AS A VOTE EITHER FOR OR AGAINST SAID MATTER. BE ITRESOLVED.BY:THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Article III, Section E of the By -Laws for the Fayetteville, Planning Commission is hereby amended by adding the following sentence: "An abstension from voting on a matter by a commissioner shall not be construed as a vote either for or against the matter under consideration." ATTEST: SECRETARY PASSED AND APPROVED THIS DAY OF . 1978. APPROVED: CHAIRMAN