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HomeMy WebLinkAbout1979-08-27 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held on Monday, August 27, 1979, at 5:00 o'clock in the Board of Directors Room, City Administration Building, _ Fayetteville, Arkansas MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Ernest Jacks, Rita Davis, Morton Gitelman, Beth Crocker, Bill Kisor, Windell Cullers, Newton Hailey, and Peg Anderson. Keith Newhouse. Bobbie Jones, Michelle Hale, Larry Wood, Nancy Mahler, R.E. Allen, B. W. Dykes, and Melvin Milholland. Chairman Jacks called the meeting to order. Chairman Jacks requested that the final paragraph MINUTES on Page 7, of the discussion of Harlan K. Black's letter on the playground at Root School be amended by adding "The other Planning Commission members were in consensus with Mr. Gitelman". Mrs. Davis requested the 3rd sentence in the 5th paragraph, on Page 7, be amended by adding ", although she does approve of tennis courts". Mrs. Anderson asked that on Page 3 the first paragraph be amended by changing "Mrs. Anderson" to "Mrs. Crocker". She also requested on Page 4, in the discussion of Rezoning Petition R79-25, the last paragraph be amended by adding as the last sentence "Other Commission members agreed that Larry Wood be asked to make a study". Mr. Hailey requested that on Page 5, Rezoning Petition R79-24, the last paragraph, be amended to read that "Mr. Hailey and Mrs. Anderson did not vote due to their absence at the previous meeting". Mrs. Jones told the Commission that Dr. Ben Winborn disagreed with the following statement in the 5th paragraph on Page 7: "Some of the Commissioners indicated that if it is to be a'"City" park and not a School playground then it should be brought before the Commission for approval as such. After discussion, Chairman Jacks stated the minutes were to remain as written. With the above corrections the minutes of August 13, 1979, were approved as mailed. The minutes of August 20, 1979, were approved as mailed. The first item for discussion was the approval THE MEADOWS of the final plat of The Meadows located E. of City FINAL PLAT Limits; W. of Fayetteville's East Growth E. of City Limits North of Arkansas Hwy 45 Area Boundary; and N. of Arkansas Hwy. 45 on Arkansas Hwy 156. George $ Rosemary Faucette, James F, Ann Marie McDonald, G. Harrison $ Particia Butler, George P, Carole Shelton, and Edgar & Jane Piper; Owners and Developers Mel Milholland was present to represent. Mr. Kisor reviewed what had been decided by the Subdivision Committee. He then moved that the Final Plat of The Meadows Subdivision be approved on condition it meet all the Plat Review comments. Mr. Hailey seconded it. It was passed by a vote of 8-0. The next item for discussion was the public REZONING PETITION R79-27 hearing on Rezoning Petition R79-27, R.E. Allen R. E. Allen to rezone property located at 502 Wilson Hollow 502 Wilson Hollow Road Road. Present to represent were R. E. Allen and B. W. Dykes. Chairman Jacks asked Larry Wood to review his report. Mr. Wood said he had recom- mended the petition be denied because: (1) The area does not have sufficient public facilities to support the establish- Planning Commission Meeting August 27, 1979 Page 2 ment of a low density residential district at this time, and (2) he feels the establishment of the R-1 is an indication to others that the Planning Commission feels the area is ready to be developed and that the Planning Commission would be establishing a precedent for opening up the area for R-1 development. Mr. Hailey asked about the 2 1/4 inch water line listed in the Planning Report. The report indicates fire protection is available; however, Mr. Hailey said he understood fire hydrants could not be on a line smaller that a 6 inch line. Mr. Wood said the Fire Cheif was going to check into it. Mr. Wood said the City Engineer's Office only shows a 2 1/4 inch line. It doesn't have sewer and he doesn't know about the gas. Mr. Kisor asked if half of the property was in the City. Mr. Allen told the Commission that they have City water but no sewer or natural gas. He said the "City Limits" sign should be 1/4 of a mile South (East) of its actual location. Mrs. Jones stated that the A-1 District requires 2 acres per lot. The property requested for rezoning is only 11 acres. Mr. Dykes informed the Commission that Mr: Allen plans to live in the house he lives in now (the property requested for rezoning). He wants to be allowed to sell part of his property which is 5 3/4 acres that the old house and barn are on. But he needs R-1 zoning.on what he is keeping to get a lot split approved. Mr. Kisor moved, under the circumstances, to recommend to the Board of Dir- ectors that Rezoning Petition R79-27 be approved as petitioned. Mr. Cullers seconded it, which passed by a vote of 8-0. The next item for discussion was the COMMITTEE REPORT Committee Report on Green Space and Parks Study. Chairman Jacks said there has not been another meeting yet. Green Space and Parks Study The next item for discussion was the request filed by Nancy Mahler, Attorney for Colli Kincaid, that the Zoning Ordinance be amended to permit Beauty and Barber Shops in the R-0 Zone, this had been referred back to Board of Directors on the basis of Larry Wood's 21, 1979. Chairman Jacks stated that the R-0 District had really been used in a "fashion" it was never intended for. It was intended to be an urban zone with high density apartments and offices. The restaurant use was meant to serve the tennants of the District. He added that the reason this request had come up was of a particular piece of property the Commission has turned down for commercial a number of times because of traffic problems; cars will be turning left off of College Street. Mrs. Mahler told the Commissioners that Ms. Kincaid had leased the building for a Beauty Shop but was denied a Certificate of Occupancy because it was in the R-0 District. She said she knew the history of this particular property and she knew the Planning Commission's feelings on this District. She also said that Bill Sherwood, the property owner, wants the property to remain R-0. She explain- ed that the Beauty Shop would be a 2 -chair operation; in which, they plan to book one (1) person per hour. So, the maximum number of cars in the parking lot would not exceed 4 at any one time. She stated that it won't have as much traffic as a dentist's office or a financial institution and it will have plenty of spaces for an operation this small. They are requesting the City to add Beauty Shop into the Use Units for the R-0 District. Mr. Wood stated that Beauty $ Barber Shops are compatible to the uses that are listed in terms of the nature of the BEAUTY $ BARBER SHOPS in R-0 Colli Kincaid the Planning Commission from the comments in his letter of August Planning Commission Meeting August 27, 1979 Page 3 operation. Mrs. Crocker said you can get into a bigger operation that creates alot of traffic. She added that she just doesn't feel that in every R-0 District a._Beauty Shop should be permitted; however, she feels if they are allowed, there should be restrictions. Chairman Jacks suggested holding a public hearing to put Barber $ Beauty Shops in Use Unit 12 and making Use Unit 12 a conditional use in the R-0 District. Mr. Gitelman stated that he did not like that idea. He said that unless the Commission knows what standards they will use to approve or deny a request he thinks it is wrong to hold a little hearing every time to decide whether they like the persons proposal. He thinks the R-0 can get all types of business and a high rise apartment building. He doesn't think its good to zone it C-1 because it drives up the cost of land and will keep out the kind of businesses everyone wants to encourage. Mr. Gitelman noted that the owner of the property wants to keep it R-0, so maybe he wants to build a high-rise apartment. Mr. Gitelman said he did not see anything wrong with adding other compatible operations in Use Unit 12 or with adding Use Unit 15 on appeal to the Planning Commission. Mrs. Anderson pointed out that Use Unit 15 has a variety of retail trade establishments listed. in it. Mr. Gitelman then remarked that perhaps the solution would be to put in a\, limitation on the size of the operation Mrs. Mahler stated that Ark. Statute 29-30 permits the Board of Directors to amend the Zoning Ordinance without holding a public hearing. She added that the Board of Directors were ready to approve it but they wanted some indication from the Planning Commission as to their objections. Mrs. Mahler informed the Commiss- ion that her clients have been closed since early July. Mrs. Anderson told her that she didn't have any sympathy for them because people should check into the zoning. Carter Schellwas present at the Board of Directors Meeting and he said — that they wanted the Planning Commission's feelings on this matter. Mrs. Anderson moved to:recommend to the Board of Director's that the Commission has no violent objections to adding Barber $ Beauty Shops to Use Unit 12. Mr. Cullers seconded it, which passed by a vote of 5-3 with Gitelman, Kisor, Cullers, Hailey, and Anderson voting "Aye", and Jacks, Davis, and Crocker voting "Nay". Mrs. Crocker explained she was voting against the motion because it did not include some restrictions. There being no further business, the meeting adjourned at 5:43 P.M. o'clock.