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HomeMy WebLinkAbout1978-09-25 Minutesi MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held on Monday, September 25, 1978, at 5:00 P. M., in the Board of Directors Room, City Administration Building, Fayette- ville, Arkansas. MEMBERS PRESENT: Chairman Rita Davis, Ernest Jacks, Newton Hailey, Bill Kisor, Windell Cullers, Morton Gitelman, Beth Crocker, and Peg Anderson. MEMBERS ABSENT: OTHERS PRESENT: Keith Newhouse. Bobbie Jones, Angie Troy Parnell, Frank persons. Medlock, David McWethy, Scott Van Laningham, Blew, Kent Clement, and other unidentified Chairman Rita Davis called the meeting to order. Chairman Davis noted that several people were TRANSCENDENTAL MEDITATION CENTER present in opposition to the conditional use 144 Fletcher Street request submitted by Joey Coe for a Transcendental Joey Coe Meditation Center to be located at 144 Fletcher Street. She said she had received a written request asking for a withdrawal of the conditional use, and it has been the Planning Commission's policy to grant the withdrawal the first time if it is requested in writing. Someone in the audience said he would like the Planning Commission to take a vote on this today, but asked that they delay taking any action until the time this was scheduled to be discussed on the agenda, since some people who are opposed may not be at the meeting yet. • The first item for consideration was the DIAMOND ACRES preliminary and final plat of Diamond Acres located Preliminary & Final.Plat East of Highway 265 on Valerie Drive and Hillside Highway 265 Terrace; Bill W. and Doris Drake, developers. Property is zoned A-1, Agricultural District. Ernest Jacks said this is on an unpaved road with no improvements such as curb and gutter, sidewalks, street lights. Mr. Jacks moved to approve the p•eliminary and final subdivision plat with the provision that the gas line easement be worked out; adjoining property owners signatures be obtained, waive the topography and waive the 15% grade on the existing Hillside Terrace; and waive any further road work on Hillside Terrace in this area including curb and gutter, sidewalks, street lights and paving. Peg Anderson asked when they expect to get the road paved. Kisor explained that this is a dead end road and the new lot will have access to Valerie Drive which is a paved road. He said there will not be any additional traffic on Hillside -Terrace. Bill Kisor seconded Mr. Jacks' motion. Mr. Jacks explained that this is actually a lot split but the developer has to submit a subdivision plat since the number of lot splits allowed has already been granted. Frank Blew said the gas line easement has been satisfied, and exists as shown on the plat. He said the adjoining property owners signatures have been obtained also. The vote was 8-0 to approve the plat. Next was a public hearing on Rezoning REZONING PETITION R78-23 Petition R78-23, Troy Parnell to rezone Troy Parnell property located south of Highway 62 West Highway 62 West and East of Highway 71 Bypass from I-1, Heavy Commercial and Light Industrial District to C-2, Thoroughfare Commercial District. Troy Parnell and Kent Clement were present to represent. Planning Commission Meeting September 25, 1978 -2- Chairman Davis acknowledged a note from the City Manager's Office and a note from the Planning Office stating that Mr. Parnell is not the owner of the property but • it is in an estate and those persons do not have any objection to the rezoning. Chairman Davis asked if the City ordinance requires that the property owner submit the petition and Bobbie Jones said the ordinance does not, but the City Attorney has said the petition should be sumbitted by the property owner. Planning Consultant Larry Wood recommended that the rezoning be approved because in a previous zoning application R77-32, the Commission questioned the feasibility of the medium density residential in this area and voted to recommend a commercial pattern instead. He said commercial development at this intersection is consistent with the general development trend in this area and the adopted goal of providing space at major arterials. Larry Wood said the Highway Department plans are to close 18th Street to the south and to provide a parallel service road from 18th Street to Highway 62 to give access into the industrial area and to eventually extend Razorback Road south to Highway 16 to provide additional access. He said they do not have a committment as to whose obligation it will be to extend Razorback Road. Mr. Wood said the previous plans were to take the Exxon station but they are now thinking of pulling the service road even further to the east and avoiding the service station and going through this piece of property. Mr. Jacks asked Mr. Parnell if he would be willing to work with the City on this and Mr. Parnell said this would practically destroy his property. Bobbie Jones said Troy Parnell is also asking for a conditional use if the rezoning is approved so his original development plans can continue as they are. Kent Clement explained that there will be one use classified as a warehouse, which they will need the conditional use for, but other uses will be allowed in the C-2 zoning. • Ernest Jacks moved to recommend to the Board that the petition be approved to rezone the property from I-1 to C-2. Anderson seconded the motion, which passed 8-0. No action was taken on the conditional use request. Next was a conditional use request submitted by Joey Coe for a transcen- dental meditation center to be located at 144 Fletcher Street, property zoned R-1, Low Density Residential District. Chairman Davis stated that there was a the conditional use. Ed Bernstein, 116 Fletcher, was present in Coe may come back in requesting permission at a later date. Bobbie Jones said it was he saw how much opposition there was. Morton Gitelman said Mr. Coe would have to go through the same another conditional use.Peg Anderson, seconded by Ernest Jacks be granted. The motion passed 8-0. Next was a request from Anna Dotson to amend the Zoning Ordinance to allow certain home occupations in an R-1 Zoning District. After a short discussion, Peg Anderson moved to hold a public hearing on home occupations in the R-1 District. TRANSCENDENTAL MEDITATION CENTER 144 Fletcher Joey Coe written request submitted for withdrawal of opposition. He was concerned that Mr. for the transcendental meditation center her understanidng that he withdrew when process if he requested moved that the withdrawal Request to Amend Zoning Ordinance Home Occupations • • Planning Commission September 25, 1978 -3- rir. Gitelman said someone should define permissible and non -permissible home occupations so they will know what will be allowed. Anderson amended her motion to hold a public hearing on adding home occupations to Use Unit 8 as a conditional use. Newton Hailey seconded the motion. Chairman Davis acknowledged a opposition from Dawn Dunnuck, who said she is opposed to allowing home occupations in the.R-1 District, but feels there should be some provision for allowing creative uses. The motion to call a public hearing on home occupations in the R-1 District passed unanimously. The next item was a public hearing,to-amend _= Appendix - A, Zoning, to add "book stores" to Use Unit 15, Neighborhood Shopping Goods and t to add Use Unit 15 as a use permissible on arpeal to the Planning Commission in the R-0, Residential Office District. Mr. Jacks said he is not in favor of .adding Use Unit 15 to the R-0 District. He said the description of R-0 is that it is offices together with community facilities, restaurants, and compatible residential uses located primarily in the central parts of the urban areas. Mr. Jacks said he is against permitting residential shopping goods in the R-0 zone. He said he would not object to adding book stores to Use Unit 12. Larry Wood said he has correspondence from the State Cosmetology Board which says they will still permit beauty shops in homes. Windell Cullers moved to add book stores to Use Unit 12. Ernest Jacks seconded the motion which passed 8-0. Mr. Gitelman said he agreed with Mr. Jacks. He said thequestionis whether they want the R-0 zone to become a multi-purpose zone in which you can have residences, offices, shopping, and other uses. ir. Gitelman made a motion to not allow Use Unit 15 in the R-0 zone. Windell Cullers seconded the motion which passed 8-0. AMENDMENT TO ZONING ORDINANCE Book Stores Use Unit 15 Next was a request from Jim Ogden to vary safety zones between driveways in Villa North. Bobbie Jones explained that WAIVER OF SAFETY ZONES Villa North he is requesting a waiver of safety zones for 41/2 feet in one instance and 1; feet in the other instance. After a short discussion, Ernest Jacks moved .to approve the request. Bill Kisor seconded the motion, which passed 5-2, with Gitelman, Crocker, Kisor, Jacks, and Culler voting"Aye" and Hailey and Davis voting "Nay". :;ri The meeting adjourned at 6:15 P.M. • • • RESOLUTION PC 45-78 WHEREAS, a public hearing was held by the Planning Commission, Monday September 25, 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 R 78-23, Troy Parnell. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVTTJF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from I-1, Heavy Commercial and Light Industrial District to C-2, Thorough- fare Commercial District, said real estate. LEGAL DESCRIPTION: Part of the NWW of the NWt of Sec. 20, T -16-N, R -30-W, and being more _particularly described as follows, to wit: Beginning at the SE -corner of said 40 acres tract and running, thence N 89° 52' W 997.36 ft. to the East right-of-way line of U.S. Highway No. 71 By-pass; thence N 15° 27' 20" W 209.48fft. with said right-of-way to the SW corner of a tract of land conveyed to Humble Oil & Refining Company, thence N 78° 36' 15" E 257.25 ft. to the SE corner of said Humble Oil & Refining Company tract; thence.N 11° 31'07":W362.07 ft to the NE corner of said Humble Oil & Refining Company tract, same being a point on the South right-of-way line of U.S. Highway No. 62; thence along said right-of-way line N 61° 57' 48" E 34.78 ft.; thence N 65° 48' 48" E 93.54 ft. with said right-of-way; thence N 67° 59' 329 E 145.69 ft. with said right-of-way; thence N 62° 42' 22" E 152.11 ft. with said right-of-way;ence N 59° 37' 04" E 272.0 ft. with said right-of-way; thence leaving said right-of-way S 0° 56' 11" E 142.29 ft.; thence N 66° 27' 09" E 256.95 ft. to a point on the East line of said 40 acres tract ata point 886,.92' N 0° 56' 11" W of the beginning; thence S 0° S,b' 11"'E 886.92 ft. to the point of beginning, and containing 15.97 acres, more or less, and situated in Fayetteville, Washington County, Arkansas. SECTION 2. That the above described property be rezoned from I-1, Heavy Commercial and Light Industrial District to C-2, Thoroughfare Commercial District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this APPROVED: day of , 1978. Rita Davis, Chairman