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HomeMy WebLinkAbout1979-12-10 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held Monday, December 10, 1979 at 5:00 P.M. in the Board of Directors Room, City Administration Building, Fayette- ville, Arkansas. MEMBERS PRESENT: Chairman Ernest Keith Newhouse, Newton Hailey. MEMBERS ABSENT: OTHERS PRESENT: None Jacks, Rita Davis, Peg Anderson, Bill Mort Gitelman, Kisor, Windell Elizabeth Crocker, Cullers, and Bobbie Jones, Michelle Hale, Larry Wood, John Unger, Stan Johnson, Peter Estes, Jr., John Michael Hopkins, and other unidentified members of the audience. Chairman Jacks called the meeting to order. The minutes of the November 26, -MINUTES 1979 meeting were approved as mailed. The first item for discussion was the CONDITIONAL USE REQUEST conditional use request submitted by Don Don K. Fitzgerald K. Fitzgerald to convert a one -family 2790 Centerwood Road residence at 2790 Centerwood Road into a two-family residence. Mr. Fitzgerald had offered a Bill of Assurance that would pre- vent subsequent owners of the property to use the property for any use other than a single-family residence unless a conditional use were approved by the Planning Commis- sion or unless the property were to be rezoned by the Board of Directors. Zoned R-1, Low Density Residential District. Present to represent was Attorney John Unger, of the Law Firm of Jones $ Segers. Mr. Unger asked that the request be permanently withdrawn. Chairman Jacks pointed out the Planning Commission members had received a letter from Mr. Fitzgerald asking that the conditional use request be tabled until a later date. Mr. Unger said Mr. Fitzgerald was going to move and sell this house and wouldn't need the conditional use request. Mr. Kisor moved to grant the withdrawal of the request. Mr. Newhouse seconded it, which passed 8-0. The next item for discussion was the public hearing on an amendment to Art. 4, Sec. A of Appendix C to the Fayetteville Code of Ordinances to amend the Subdivision Regulations applicable to Lot Splits. Mr. Newhouse stated they had modified the orginal be part of off-site improvements, but was rewritten in Mrs. Davis arrived at 5:10 P.M. Mr. Newhouse said the one question he had pertained to the 3rd the Planning Commission could grant a variance. He asked if it was that a variance could be denied if the lot did not have water or sewer. PUBLIC HEARING Amendment :to Lot Split Regulations submission. This was going to a separate ordinance. paragraph desirable Mrs. wherein to add Jones Planning Commission Meeting December 10, 1979 Page 2 said it could be added if the Commission desired. Mr. Gitelman said this involved public streets and was going to limit the lots to keep the developers from using it as•a developing mechanism. Mr. Newhouse asked if there was never going to be the possibility of a person dividing a lot in town. He thought the restriction should be based on availability of water and sewer. This ordinance was set up for the lot split developer. Mrs. Jones said a family could split off a lot within the City the size required by the zoning district it was located in if it was given a waiver by the Planning Commission. Mr. Kisor said his concern would be with someone having a well and a septic tank on 11 acres. Mr. Gitelman said the Commission will have to distinguish between "in City" and "out of City". Mrs. Jones read -the ordinance requirements for water and sewer in urban as well as suburban areas. Mr. Gitelman said that as the ordinance is written they will have to come to the Planning Commisssion for an exception. Mrs. Jones said she had mailed copies of the proposed ordinance to realtors in the area She added she had received a telephone call from Mr. George Faucett, Jr. who stated the cost of property would rise 20%.- 30% because the developers will be spending more for lots and will have to..get it back from the buyers. She said that he also said it would be an undue hardship. Mr. Newhouse moved to approve the ordinance as written. Mrs. Crocker seconded it. Mrs. Anderson asked if the proposed ordinance was replacing a section of the old one, or was it being added to it. Mrs. Jones said it was written to be added onto the existing one. Chairman Jacks stated the motion would stand but for City Attorney Jim McCord to coordinate it with the existing ordinance. Mr. Gitelman pointed out to Mrs. Jones that the proposed ordinance would apply to all Lots of record from the date this ordinance is passed forward. Mrs. Jones stated that she understood she would check it from that date. Mr. Cullers asked how we would enforce this in the County Planning Area. Mr. Gitelman said the City is supposed to have an agreement with the County Recorder's Office. She isn't supposedto record anything unless it has the City's approval or a certificate. The State Statute says that the County Recorders are supposed to go along with the cities. Mrs. Anderson said the Circuit Clerk said there was no way for her office to check for lot splits. Mr. Cullers pointed out the bigger part of the lot split problem was in the planning area. Mr. Gitelman said we could always deny a building permit inside the City. Mr. Cullers asked if there was anything we could do to get a statement from the County Recorder that she will go along with our cert- ification. Mr. Jacks said there already was an agreement. The motion passed 9-0. The next item for discussion was the PUBLIC HEARING public hearing on an amendment to Art. 6, Self-service Auto Wash Sec. 18 of Appendix A (Zoning Ordinance) to Amendment to the Fayetteville Code of Ordinances to add Zoning Ordinance self-service auto wash as an included use. Mr. Peter Estes, Jr., Attorney for John Michael Hopkins, stated they for an ordinance to include in Use Unit 18 "self-service auto washes". He as Exhibit "A" a copy of the previous Use Unit 18. Then he passed out as an amended copy of Use Unit 18 which included "self-service auto wash in with a self-service gasoline station". Mrs. Jones said he was thinking in terms of a convenience store. Mr an auto wash was allowed in a C-1 District as long as it was enclosed and were asking handed out Exhibit "B" conjunction s. Jones said part of a • • Planning Commission Meeting December 10, 1979 Page 3 filling station. Mr. Estes said the proposed auto wash his client wishes to build would have an attendant. Mr. Kisor asked what the hours of operation would be. He added that with an attendant on duty he could keep it clean. Mr. Estes said the auto wash would re- main open all night. Chairman Jacks stated he would like it to be conditional if added to the Use Unit. Mr. Cullers asked if a closed bay could be allowed in conjunction with this. Mr. Estes said it is allowed. Mr. Cullers stated the only question is having it enclosed or not enclosed. Mr. Gitelman stated this was no different than the banking machines the banks have put in. He said it is a neighborhood convenience. He stated he saw nothing wrong with this kind of thing. Mr. Newhouse asked if the stalls would be open for use when the gasoline pumps are closed. Mr. Estes said yes, the auto wash stall will be coin operated. Mr. Estes stated this is a service that used to be a part of a filling station, but because of the gas situation,gas pumps are now self service. He said just because it is a self-service gas pump and self-service auto wash stalls he doesn't see why the use couldn't be severed from it. Mr, Kisor pointed out there would be litter involved even with a daytime attendant because of it being open 24 hours. Mr. Estes agreed that car washes in general tend to be eyesores. Mrs. Crocker pointed out the number of stalls should be limited. Mr. Cullers moved to recommend to the Board of Directors that Use Unit 18, Sec. B be amended to include "self-service auto washes in conjunction with service stations." Mr. Gitelman seconded it. Mr. Wood asked if they were including 7 -Eleven Stores in this. Mrs. Jones said on 7 -Eleven Stores she only allows them to add self-service gas if the lot size meets the service station lot size. Mrs. Jones said this was contained in a use condition governing gasoline stations. The motion passed 7-1-1, with Gitelman, Davis, Crocker, Newhouse, Anderson, Hailey, and Cullers voting "Aye", Jacks voting "Nay", and Kisor abstaining from voting. Mrs. Jones asked that Item 7 on the BUILDING PERMIT agenda be heard next. This item for dis- Stan Johnson cussion was an application for a building 2280 Dowell Road permit to construct a barn at 2280 Dowell Road submitted by Stan Johnson, zoned A-1, Agricultural District. The property abuts Hwy. 71 By-pass which is designated "controlled access". Mrs. Jones said the AHTD is building a service road between this property and the By-pass Mrs. Jones pointed out the City's Master Street Plan map needed to be amended where the service roads, which the Arkansas Highway and Transportation Department are putting in, are in a different location than that shown on the Master Street Plan. She asked if the ordinance could be amended so that she could approve permits if the con- struction of a service road is underway or if a contract has been let on it. Otherwise, she would like a letter from the Highway Department that plans are underway. Mr. Gitelman said all the By-pass Ordinance does is bring development plans to the Planning Commission for approval. He said the whole thing with the By-pass Ordin- ance is to make sure there isn't any developer out there to close access. Mr. Gitelman said we still have people not really developing but having to put in a service road. Mrs. Jones stated when the service roads are built we will be getting more building permit applications. Mr. Gitelman pointed out that after the service roads are built the By-pass Ordinance will not pertain. Planning Commission Meeting December 10, 1979 Page 4 Mr. Gitelman moved to issue a building permit to Mr. Johnson. Mr. Hailey seconded it, which passed 9-0. The next item was the discussion DISCUSSION on zoning setbacks required from 'Setbacks from Easements 4 Alleys the centerline of public easements or alleys in various zoning districts.requested by Planning Administrator. Mrs. Jones stated some zoning districts require a setback from the centerline of a public easement, or from the centerline of a public easement or alley. Developers object to giving easements when their buildable area is reduced so much. She asked if a setback is required from the side of an easement, wouldn't a foot or so be suf- ficient? Mr. Gitelman moved to schedule a public hearing. Mr. Kisor seconded it, which passed 9-0. Mr. Gitelman stated it should be up to the property owner to know where the ease- ments are so he doesn't encroach on them. The next item for discussion was the OFF-SITE PARKING request to amend approval of off-site Continuing.Education.Center $ parking as granted by the Planning Commission Hilton Hotel for the proposed Continuing Education Center to be located at Center and East and proposed Hilton -Hotel to be located at Meadow and East, as approved September 11, 1978. Chairman Jacks cancelled this discussion because he stated he had received a tele- phone call from City Attorney Jim McCord earlier whd said there wasn't any need to discuss it. Mr. McCord had also given the Planning Office a memo stating this. The next item for discussion was the Committee Reports on Green Space and Planning Area Land Use Control. COMMITTEE REPORTS Green Space Chairman Jacks stated the Green Space Committee met November 29, 1979. The Com- mittee voted not to recommend a mandatory ordinance but instead make the suggestion that money be made available through a general millage after the constitution is changed, from payments in lieu of taxes on Act 9 bonds, a voluntary tax, and to write in an incentive ordinance for R-1 developers for tax purposes. Chairman Jacks askediif the Commissioners agreed with this. If so, he would ask Jim McCord to draft a resolution to the City Board of Directors. Mrs. Davis stated the Committee's feeling is that parks are for the whole City, therefore, the whole City should help pay for them. Mrs. Crocker pointed out that these parks should be developed where they are needed. Planning Area Land Use Mr. Hailey said by the January meeting he will have a more informative report. • • • Planning Commission Meeting December 10, 1979 Page S Chairman Jacks pointed out this was -OTHER BUSINESS the last meeting for Mrs. Davis and Mr. Kisor. Mr. Cullers'term also expired but he has advised that he is willing to be reappointed. Mrs. Anderson made the motion that the Planning Commission go on record to thank Rita Davis and Bill Kisor for 6ih1ong years of service on the PlanningcCommission and to thank Windell Cullers for filling in and completing the term of John Rower. Mr. Hailey seconded it. The motion passed 6-0-3, with Davis, Kisor and Cullers abstaining. There being no further business, the meeting adjourned at 6;20 P.M.