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HomeMy WebLinkAbout1979-09-24 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held on Monday, September 24, 1979, at 5:00 'clock in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas MEMBERS PRESENT: Chairman Ernest Jacks, Morton Gitelman, Elizabeth Crocker,. Peg Anderson, Rita Davis, Bill Kisor, Newton Hailey, Windell Cullers, and Keith Newhouse MEMBERS ABSENT: OTHERS PRESENT: None Bobbie Jones, Michelle Hale, Larry Wood, Rick Mason, Mr. P, Mrs. Elston, Jim Whitehead, Bob Brezinski, Ila Newbern, Mrs. Bill McNair, Peggy Brock, Pat O'Leary, Joe Reed, Earl Brown, Lamar Pettus, Dean Bryant, June Windt, .Tammy Boger, Carol Weir, Frank Siecardi, Chip Wright, Sally Stone, Thomas Jones, Dinah Honsley, Jim Lindsey, and other undentified members of the audience. Chairman Jacks called the meeting to order. There being no additions or corrections, MINUTES the minutes of the September 10, 1979 meeting were approved as mailed. The first item for discussion was the CONDITIONAL USE REQUEST conditional use request for a facility Facility for. Victims of Domestic Violence for victims of Domestic Violence at 521 521 E. Lafayette Lafayette, zoned R-1 Low Density Residential District. Submitted and represented by Rick Mason, Director of Community Development Block Grant Program. Rick Mason stated that they would like to have a conditional use because they think the property is adequate for their needs. The property sets in the middle of the block and all of the way around it is like a forest. Mr. Mason said the character of the house would remain the looks of a single-family residence and all of the park- ing.will be in the back of the house The area between the sidewalk and street which has been used for parking will be put in the back yard He added, from their invest- igation, there are duplexes all of the way up to Dickson Street on Fletcher Avenue. Mr. Kisor asked if this shelter was for battered women. Mr. Mason said it was. Mr. Kisor also asked Mr Mason why they were relocating. Mr Mason said because the house they are in now is rented. Mr. Kisor stated he felt there is a need for a shelter but he wanted to make sure all of the adjacent property owners had been not- ified; he said he was concerned about the location. Mr. Mason said they had been not- ified. Joe Reed (a member of the project) was present at the meeting in support of the request and stated he would answer any questions anyone had. Chairman Jacks read a letter that was received from Sylvia Swartz. Mrs. Swartz's letter spoke in favor of the request. James Elston (350 N. Olive) an adjacent property owner whose property adjoins 521 Lafayette in the rear, spoke in opposition of the request He said the property behind the proposed shelter was not like a forest.. Mr. Elston also said Mr. Mason was incor- rect when he said the area along Fletcher consists of all duplexes. He said he agrees with the need for a shelter but this use of the property would be inconsistant with the R-1 zoning. Mr. Elston added that the area was in the Big Springs Historical District and many of the houses pre -dated the Civil War. He said the central portion of his own house was built in 1866. He pointed out, also, that last year 82 women and 131 children were at the center and that creates alot of parking difficulty on the back of the property. • • • Planning Commission Meeting September 24, 1979 Page 2 Jim Whitehead (517 F. Lafayette) was present to support Mr. Elston's comments. Bob Brezinski (412 E. Lafayette) stated he was in the process of renovating his home and allowing this use would hurt his property value. Mrs. Elston gave Chairman Jacks 2 letters from neighboring property owners who couldn't attend the meeting. The letters were from Mr.F, Mrs. A. H. Brodbeck (518 E. Lafayette) and Leland S. Bryan and Joethel Bryan Hucke (423 S. Lafayette). Both letters, which were read by Chairman Jacks, voiced strong opposition to the proposed variance. Mr. Mason stated the City will retain ownership to the property and lease it to the center. He said the vehicles would not be a problem because out of the 82 women at the center last year, only 2 or 3 had cars. Most of the vehicles wi:llbelong to the staff. He added that they might be able to get funds to build a 6 ft. view -obscuring fence to surround the property. Ila Newbern (504 E. -Lafayette) asked Mr. Mason if this was corporation,owned. He said it was and it's operation would be totally separate from its purchase. She then asked him who the chairman would be. Mr. Mason said the mayor is over the Community Development Program. Mr. Mason added that the City would hold a lease and it would be under the City's terms that the shelter would operate. Some of the conditions would concern how the buildings and grounds will be maintained. He said the center has rules that after a certain time at night, it is "quiet time" and there is no noise whatsoever. Mrs. Bill McNair (342 N. Olive) asked Mr. Mason why they didn't buy the building they are in now. Mr. Mason said it wasn't big enough. Mrs. Elston then asked him how many units they planned to construct in the house. Mr Mason said the proposed shelter would have 6 bedrooms upstairs and 1 bedroom downstairs. Peggy Brock (a night resident of the shelter) stated the shelter was run like a family unit. The families who come to the shelter are responsible for the house and yard work and they have to abide by a lot of rules. She added that the mesh wire over the windows were a problem but they discussed getting iron bars put over the windows to add a decorative look to the house. She said the rules provided that no women could stay there that were violent, drank, or were drug users. She added that most of the women will have 1 or 2 children. Pat O'Leary (409 E. Lafayette) stated it was not an appropriate place for the shelter. Earl Brown (422 E. Lafayette) stated that if something couldn't be constructed to upgrade the street then you shouldn't add something to downgrade it. Mr. Reed point- ed out that it was not like a rooming house, it would be under one singular control, the only difference is that it will house more than 1 family. Mrs. Crocker pointed out that she didn't think anyone was against the concept of having a shelter. She said she doesn't think this is a good place for a shelter because it' -s on one of the most traveled roads in Fayetteville and everyone would know where the battered women are housed. Mrs. Anderson said she was against it being placed in this area;also,because of the reasons Mrs. Crocker just mentioned. She added that the houses are too close together. Mrs. Davis moved to deny the conditional use request. Mr. Cullers seconded it. Mr. Gitelman stated that the Commission has to make written findings under Article 9, Section 6 of the Ordinance. He recited the points which must be considered on con- ditional uses He asked the maker of the motion which one applies. Mr. Gitelman added he had heard nothing except for the opposition of the neighbors and that, he Said,; is no reason to deny the request. The City could always condemn property for public use and then the City would have ownership of the property, and he thought they out to look at it in that light. Mrs. Davis said the reason she made the motion is because she felt it was not compatible with the R-1 zoning. She said she considers a conditional use request to be very important to the people in the area, and she always takes what they have to say into consideration. Mr. Cullers said he was against it because of the narrow lots and the traffic on Lafayette. The motion passed 8-1, with Crocker, Davis, Hailey, Newhouse, Jacks, Anderson, Cullers, and Kisor voting "Aye" and Gitelman Voting "Nay" for reasons given earlier. Planning Commission Meeting September 24, 1979 Page 3 The next item for discussion was the CONDITIONAL USE REQUEST conditional use request submitted by Dean Dean Bryant Bryant to change a non -conforming use to 308 S. Willow a machine shop at 308 S. Willow, zoned R-2, Medium Density Residential District. Present to represent were Mr. Bryant and Lamar Pettus, property owner. Mr. Pettus said this had been H. Wagis Alignment Garage previously. He said Mr. Bryant's operation would be smaller and quieter than the previous use. Mr. Pettus said Mr. Bryant wanted a 4 -year lease but he only gave him a 1 -year lease. Mr. Bryant said he is going to use an electrical machine which runs quietly and will be involved for a corperation out of Joplin, Missouri, so there won't be any traffic. Mrs. Anderson made the motion to approve the conditional use request. Mr. Kisor seconded it, which passed 9-0. The next item for discussion was the CONDITIONAL USE REQUEST conditional use request submitted by Gail Gail Brown Brown for temporary child care in her home 2903 Inwood Lane at 2903 Inwood Lane, zoned R-1, Low Density Residential District. Present to represent was Gail Brown. Mrs. Brown stated she has always loved children and done voluntary work in schools and the Boy's Club. The reason she started babysitting was to help pay for their house; the contractor went $40,000.over the.proposed cost. There were 3 mothers of children she watches present to speak in favor of Mrs. Brown's character and babysitting caps ability. The mothers were June Windt (2789 Altus Drive), Tammy Boger (917 Cato Springs Road) and Carole Weir (1590 Ramsey). They said she charges reasonable fees and their children love to go the her house. They also said she will take their children to kin- dergarten and will keep them any hour of the day or night. Frank Siccardi (2850 Inwood Lane) spoke in opposition of the request. He stated that kids were running all over the neighborhood. He said he had a swimming pool and on several occasions has found kids in the back yard. Sally Stone (2939 Inwood Lane) said she lives across the street from Mrs. Borwn. She said the use is in violation of R-1 restrictions and that Mrs. Brown does not have a fenced yard or high hedge. She said Mrs. Brown had said she only wanted to continue babysitting until she could sell the house Mrs. Stone said the house has been for sale for some months now, but it is not in good condition and there is still construction debris scattered around the yard. She said the only attempt at any yard work was by the Brown's had been to brush hog the yard once. Mr. Chip Wright said they were all sympathic to the Brown's financial difficulty; but, they do not understand or see any reason to permit the use request. He added that no one in the neighborhood was contacted when Mrs. Brown decided to baby- sit. Mr. Wright said this request was against the character of the neighborhood. Mr. Siccardi pointed out that the neighborhood children walk to the bus stop on Crossover Road and there is a blind curve. He asked about the winter when their is ice on the roads. Chairman Jacks pointed out the petition signed by 9 neighbors in opposition to the request. Thomas Jones (2825 Inwood Lane) stated he thought it would be a misuse, he is totally opposed to it. He also pointed out the problem with the hill and curve on the street. Dinah Honsley stated she has been coming into Mrs. Brown's home everyday since June to help her. She said Mrs. Brown never intended to start a commercial enterprise. Mr. Gitelman asked Mrs. Brown how many children she cared for and what age group they were. Mrs. Brown said she watched 10 children ranging from 14 months to school age. Mrs. Davis asked if the ordinance amendment on home occupations did not contain a limit on hours of operation. • • • Planning Commission Meeting September 24, 1979 Page 4 Mrs. Anderson stated that the Commission had never allowed more than 10 children at one time and have always insisted on some type of fencing. She added that if the use is approved the hours the children are kept and the number of children would have to be limited. Mr. Gitelman moved to permit this conditional use request with a limit of 10 children at any time for a period of 6 months. Mr. Hailey seconded it. Mr. Gitelman said in terms of size of the property, this had more space than the others that had been considered. Mr. Hailey added he has traveled the roads in that area in the winter and he doesn't see any problem. Mrs. Crocker stated that in its present state she doesn't feel its a good place for children to play with all of the brick and debris left in the yard. Mrs. Davis said in the other requests such as this one, there wasn't the opposition from the neighbors. She doesn't feel this request is compatible in an R-1 zone. The motion failed to pass with a vote of 3-6 with Hailey, Anderson, and Gitelman voting "Aye" and Crocker, Newhouse, Jacks, Cullers, Davis, and Kisor voting "Nay". Mr. Newhouse made a motion to deny the conditional use request based on incompat- ibility with this R-1 District. Mr. Kisor seconded it, which passed by a vote of 6-3 with Crocker, Davis, Newhouse, Kisor,. Cullers, and Jacks voting "Aye" and Hailey, Anderson, and Gitelman voting "Nay". The next item for discussion was a AMENDMENT public hearing to consider an amendment to Appendix A (Zoning), Article 8, Section 12, 6f the Fayetteville Code of Ordinances to amend the City's Planned Unit Development Regulations. Mrs. Jones stated she had several points which she would like to be discussed. The Commissioners asked that she have a list of these points typed out and mailed to each Commissioner so they could study them. Chairman Jacks also asked any Commission- er having questions to be discussed, submit those to the Planning Office for mailing to all members. Mrs. Anderson moved that the amendment be tabled with the public hearing to be continued later after further study was completed. Mr. Gitelman seconded it, which passed 9-0. The last item for discussion was a AMENDMENT public hearing to consider an amendment to Appendix C (Subdivision Rgulations) to the Fayetteville Code of Ordinances to clarify off-site improvements requirements in the City's Subdivision Regulations. Bobbie Jones told the Commissioners that if the ordinance is passed as written, she would not consider it applicable to any uncompleted lot splits on file in her office. The Commission agreed with this. She said she was still concerned over the proposed requirement for off-site improvements for lot splits. Mr. Gitelman requested that City Manager, Don Grimes, also submit his comments on the proposed requirement for off-site improvements on lot splits. Mr. Cullers moved that the amendment be tabled with the public hearing to be continued later after further study was completed. Mr. Hailey seconded it, which pass- ed 9-0. * Mr. Gitelman pointed out that these 2 items were being tabled with the public hear- ing to be continued would mean that they would not have to be advertised for public hearing again. There being no further business, the meeting was adjourned at 7:20 o'clock P.M.