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HomeMy WebLinkAbout1982-06-14 Minutes1 • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:00 P.M., Monday, June 14, 1982, in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Julie Nash, Windell Cullers, Don Hunnicutt, Melanie Stockdell, Barbara Crook, David Williams (arrived late) MEMBERS ABSENT: OTHERS PRESENT: Newton Hailey, Mort Gitelman Wayne Jones, Jim Walker, Mike Phillips, Don Elliott, Joe Morris, Mrs. Bob Stout, Lamar Pettus, Wayne Morgan, Sherman Morgan, Nianzer Anderson, James Tackett, Wanda Tackett, Betty Smith, Maxcyne Gangstad, Arthur Evans, Jim Vizzier, Cynthia Stewart, Bobbie Jones, members of the press and others. The minutes of the May 26; 1982 Planning Commission meeting were approved as mailed, 6-0. David Williams arrived at 5:03 P.M. MINUTES The first item for consideration was the LARGE SCALE DEVELOPMENT approval of the Large Scale Development plan ARKANSAS WESTERN GAS for Arkansas Western Gas Company to be INDUSTRIAL PARK located south of Commerce Drive and East of Armstrong Avenue; property zoned I-2, Heavy Industrial District. Includes a request for waiver of safety zone between driveway and interior side property line and a request for landscaping in lieu of view -obscuring screening. James Walker and Wayne Jones were present to represent. Ernest Jacks said that he and Director Sharp, James Walker and Wayne Jones walked over the site and looked at the existing vegetation. Wayne Jones addressed the Commission and said, if you had had a chance to look over the Large Scale Development, you would notice that the drive will be located near .the northeast corner of the property and the curb cut on the east side of the drive will be on the property line. That will make a zero safety zone for the drive and they are requesting a waiver from 1211' to 0'. The nearest drive will be Norris Industries' and it will be approximately 125' removed from the proposed drive. He feels that 125' is adequate separation and it will not pose any danger to vehicular traffic. The development itself will consist of four buildings. Screening is required for the outside storage and the developer proposes to leave existing vegetation in lieu of the view -obscuring fence along Armstrong Avenue from the west entrance south to the end of the proposed development. They propose to leave heavy brush along the fence line until such time as Armstrong is improved. At that time, Arkansas Western Gas intends to plant vegetation along the fence. Wayne Jones said there are several pine and ash trees along the north and east property lines that can be saved, however grading and clearing and provision of parking will probably kill some trees, but the majority on the north and east sides can be saved. 8Y J • Planning Commission Meeting June 14, 1982 Page Two Ernest Jacks asked for a report from the Subdivision Committee. Don Hunnicutt, Chairman, reported on five items which were discussed at the Subdivision Committee meeting. Don Hunnicutt moved to approve 1) To recommend the waiver of the safety zone requirement for the east drive on Commerce; 2) subject to all conditions and requests contained in the Plat Review Committee comments being met; 3) subject to City Attorney's approval of a non-cash guarantee that the developer will improve one-half of Armstrong Avenue for the frontage of his development and 4) accept vegetation in lieu of view -obscuring fence and screening. Wendell Cullers seconded the motion. The motion carried (7-0). The next item for consideration was POND ADDITION -HIGHWAY 16W the approval of the revised plat of Pond REVISED PLAT Addition located inside the Growth Area, North of Highway 16 West and about 11 miles west of Bypass; Herbert Pond, Sr. and Roger and Sylvia Phillips, Owners and Developers. Don Hunnicutt moved to approve the Revised Final Plat for Pond Addition subject to Plat Review Committee comments. David Williams seconded the motion. Bobbie Jones informed the Commission that three changes had been made to the plat - 1) There are two owners now rather than one; 2) The proposed use is residential and commercial now rather than just residential; and 3) there are no protective covenants filed. She said that, if approved, the revised certificate of dedication would be included on the plat. It was also pointed out that the legal description had been corrected. Bobbie Jones said that the lots are all the same size, that lots 6 and 7 were not to be built upon until water is extended to them. The City Engineer had recommended that water be extended to Lots 6 and 7 now, but the developers do not wish to do that yet. The motion was carried, 7-0. The next item on the agenda was the LARGE SCALE DEVELOPMENT PLAN approval of the Large Scale Development ROGERS.PRODUCE plan for Rogers Produce Company to be HIGHWAY 16 EAST BYPASS located south of 15th Street (Highway 16 Bypass) and west of Morningside Drive; Jerry Rogers, Owner P, Developer; property zoned I-1, Heavy Commercial and Light Industrial District. Includes a request for waiver of screening, which was submitted after the agendas had been mailed out. Copies of that request were distributed to Commission members at the start of the meeting. Don Hunnicutt reported that at the last meeting of the Subdivision Committee there was a motion to approve this Large Scale Development plan subject to Plat Review Committee comments and requests (not including the waiver of screening). He said that there was a request to waive the screening on the south and east sides and to provide the necessary landscaping in lieu of screening. He said that the Subdivision Committee had not discussed the issue of screening. Mike Phillips spoke for Rogers Produce Company. He said that the building would be used for office space and storage, and that very few trucks will enter • in and out of this building. Planning Commission Meeting June 14, 1982 Page Three Ernest Jacks mentioned that there were residents living on the east side and to the south it is residentially zoned, but undeveloped. Bobbie Jones said that it was zoned R-2 to the East and South and Industrial to the West. Barbara Crook moved the Commission approve this request subject to Plat Review Committee comments and require the screening as required by Ordinance along the east side of the property and waive the screening requirements on the south, but require the substitution of greenery in lieu of screening.on the south side. Don Hunnicutt seconded the motion. The motion was carried, 7-0. The next item of business was the Public REZONING PETITION R82-9 Hearing on Rezoning Petition R82-9, I.N.D. I.N.D. CORPORATION Corporation to rezone property located north of Stearns Road, south of Shepard Lane and approximately 654 feet east of Highway 71 North from A-1, Agricultural District to C-2, Thoroughfare Commercial District. Don Elliott and Joe Morris were present to represent I.N.D. Don Elliott addressed the Commission and said that the property is eight acres out north of Stearns Road and the request is to change from A-1 to C-2. Ernest Jacks read from the Planning Report. The C-2 District is recommended for the following reasons: 1. Commercial use of the property is consistent with the recommendations of the General Plan; 2. The necessary public facilities and services are available to serve the property; and 3. A transition zoning pattern has previously been established on the properties to the east and south. Mrs. Bob Stout, of #1 Shepard Lane, spoke from the audience. She said that she was wondering where the termination of Shepard Lane is; she thought it ended at her property line and that it was C-2. Bobbie Jones said the subject property lies south of Shepard Lane. David Williams moved to recommend to the Board of Directors the approval of the rezoning application change from A-1 to C-2. The motion was seconded by Melanie Stockdell and carried, 7-0. The next item for consideration was a conditional use request submitted by Nianzer Anderson to have disco dancing at 275 East Huntsville Road; property zoned C-1, Neighborhood Commercial District, Ernest Jacks began by explaining that approved a change in nonconforming use for to see how it would work out. CONDITIONAL USE REQUEST "MY PLACE" 275 EAST HUNTSVILLE ROAD on January 11, 1982, the Commission a temporary period of six months, 86 • • • Planning Commission Meeting June 14, 1982 Page Four Mr. Nianzer Anderson__ presented petitions signed by 114 persons in favor of keeping disco dancing at "My Place", 275 East Huntsville Road He said that the special reason why he thinks the conditional use should be approved is that the black community needs somewhere to go - that black students, administrators, university staff and alumni are not let in to the white clubs to dance. Mr. Anderson said that, as far as noise is concerned, he feels that he could submit a proposal that the volume control unit be taken to an electrician and adjusted so that the volume would only go to a certain point. He asked that this issue be treated the same as exceptions for football week and Dickson Street, and said that he thinks it incumbent on the Commission to do something for the black community. He also said that the University of Arkansas spends monies to attempt to give the black people something to do and, if this is approved, it would save some tax monies. Melanie Stockdell said that, when the original approval was given six months ago, it was based on whether, during the six month period, any complaints would be made. Lamar Pettus, owner of the property, said that two persons working with Sherman Morgan operating the place, did give him some trouble about paying rent, but he knows of no other complaints personally. The only complaint concerning the appearance of the outer area was acted upon and he made sure to clean that up. Wayne Morgan, manager of "My Place", said that none of the neighbors have come to him personally with complaints. Bobbie Jones pointed out that, on the agenda where this property is described as R-1, is an error and should read C-1. Wanda Tackett, owner of the property at 301 Huntsville Road, said that she checked with the Police Department and they told her that if they had more time they could check and there had been many complaints. She said that the vibration is loud, and her tenants have complained about litter and trash. Wayne Morgan said that he felt Mrs. Tackett's only interest was in whether or not she is going to make money from rentals. Betty Smith, 318 Combs Avenue, said that she hears the vibration at night and that she lives approximately 25 feet away. She says she picks trash up out of the yard, and that someone has hit a fence post and broken it. Arthur Evans, 327 Combs, addressed the meeting and said that he lives across the street and has cleaned up his yard every day to keep trash out. He works nights, and had had trouble going to sleep on account of the music. He said that if the Commission approves it, we are going to have to do something about slowing it down. He suggested that having a block fence around it would help bring the noise down. Barbara Crook asked Mr. Evans if he was picking up more trash now than he was picking up before the establishment went into business. He said that he was and, when questioned by Wayne Morgan, he said that the trash included beer cans and whiskey bottles. Maxcyne Gangstad, owner of rental property at 317 Combs Avenue, spoke about having the same problem and that her tenant mentions that the noise from the cars slamming, going in and out, bothers her. Mrs. Gangstad said that she feels that it doesn't do the immediate neighborhood any good. Mr. Wayne Morgan spoke and said that he had approached this same tenant personally and asked her if she was disturbed and she said that she was not, and Mr. Morgan said that she was a City employee and they could check with her. L 8? J • • • Planning Commission Meeting June 14, 1982 Page Five Sherman Morgan addressed the Commission. He said that there have been some weeks when they are not open at all, so that he knows that the neighbors don't pick up trash from his establishment every day, since it is not open every day. He said that it has been open one day this week. He said that people buy liquor from other places and sit in their car and throw bottles out. He said in the last six months they haven't been open a dozen times, and they are trying to tone down the music if it is too loud. Mr. Pettus said that he is willing to bet the trash problem is not coming from that place of business. He said that they have made an attempt to keep the appearance of the place much cleaner, and if the Commission feels they need to extend the trial period another six months, that's fine. He said that Nianzer Anderson has some good ideas and that there has been some money put into the building. He said the place looks a lot better than it did a year ago, and he doesn't.think the building is going to drag down the value of the property around it. He said he finds it hard to believe that the police would not have a record of whether or not there have been complaints. Wanda Tackett pointed out that the neighborhood is a residential one, different from Dickson Street, and the property was originally zoned C-1 for a grocery store, and up to a year ago was a grocery, beer and wine store. She said Mr. Morgan applied for a license with. the ABC and she and others had talked with the ABC a month ago about it. Sherman Morgan said that at one time the property had had an on -premises beer license, not an off -premises license. Melanie Stockdell said when she spoke to the Police Department they indi- cated that the area in general is not considered a trouble area. The two officers that were there indicated that they had never had a complaint. Barbara Crook moved that the Commission table this matter until the next Planning Commission meeting and ask the Police Department and City Manager's Office for a complete report and file on what has been going on. The motion was seconded by David Williams Mr. Williams stated that ordinances against noise and littering should take care of those problems. James Tackett, 2350 Holly Street, said he had talked with the Assistant Police Chief Friday morning and he didn't have sufficient time to get the information he wanted on the incidents relating to this, and he was told they would need two weeks. He said he knew there had been several complaints but did not know the results of the complaints. Mr. Pettus spoke about the motion to table and said he felt the same things were being said at this meeting that were said six months ago, and he would rather have it either approved or turned down. He said that they feel they have complied with the obligations. Wayne Morgan said that a police officer came down to the place on Friday night and he believes it was because of what is happening now - he came by and said the music is too loud - they have not been there before. David Williams said he thought the Commission could tell who has got the burden of responsibility for not having the official record, but the fact is that the official record of whether there have been complaints made is not here and he is not interested in choosing who to believe. Melanie Stockdell said she thought that since it was the Planning Commission who approved the six-month trial period on the basis of whether or not there would be any problems, the burden should be on the Commission to have that record. 2$ a3 CID Q Planning Commission Meeting (, June 14, 1982 ES Page Six • eg Ernest Jacks pointed out that, by tabling the issue for two weeks, it would only be extending the six-month trial period to an additional two weeks. Lta, Barbara Crook said that she thought the number and consistency of any complaints on record can tell the Commission something. She said she wanted a record of complaints within the past six months - not complaints between now and the next meeting. A vote was taken on the motion, with Barbara Crook, David Williams, Ernest Jacks, Julie Nash and Windell Cullers voting "aye" and Melanie Stockdell and Don Hunnicutt voting "nay". The motion to table passed. Windell Cullers said he wanted to alter the motion to say this will be on the next agenda. • • The next item on the agenda for CONDITIONAL USE REQUEST consideration was a Conditional Use 525 MISSION BOULEVARD Request submitted by Robert Melton for change of non -conforming use from hardware store, construction company office and storage to retail furniture showroom outlet and storage for wholesaler at 525 Mission Boulevard; property zoned R-1, Low -Density Residential District. Mr. Melton addressed the Commission. He said that they had outgrown the hardware store and moved to another location, but continued to use it for storage and hardware. He said they were approached to lease it as a showroom for furniture and wholesale furniture sales to apartment owners. He said that they no longer need it for a construction office until the mortgage rates go down. Windell Cullers moved the approval of the conditional use request for eg change to retail furniture showroom outlet and storage. The motion was p seconded by Julie Nash and passed, 7-0. u e The next item on the agenda was UPDATING FAYETTEVILLE GENERAL PLAN the proposal for updating of General JIM VIZZIER cce Plan presented by Jim Vizzier. 61' Mr. Vizzier said that some Board and C�7 Commission members had talked to him about getting involved in the update of gl the General Plan, and two things were bothering him: 1) He was not sure the Commission had a feeling for the planning process - the basic studies that are a done in a planning study are done to identify problems - the regulations are simply tools to carry things out. He said that he thought the Commission was revising some of the plans without looking at some of the problems. 2) He is concerned about the way it has been done - he doesn't think Regional Planning should be doing this; he thinks that when you have someone doing the special studies and the same person administering them, it creates a bad situation. He said that David McWethy protested to this; that it was not the way the other departments operate. Vizzier is interested in doing the work and knows what should have been done that wasn't. He said the Board suggested he bring this to the Commission - the resolution showed up on the agenda of the Board of Directors without having come to the Commission. He told the Board he would be glad to talk to the Commission, and then he plans to go back to the Board. Planning Commission Meeting June 14, 1982 Page Seven Vizzier said he thought the Commission was working with problem - solving techniques when the problems have changed. The trends in population and economics were the basis for the original Plan colored by federal regulations. That was not necessarily what the City was interested in. Funding techniques were different, those things were considered when we developed the Plan. It was more or less a policy statement. The neighborhood study got dropped. He said we should have something that sets down for each smaller area what the existing conditions are. He said we are working within ranges, physical and legal, political and social and financial limitations we need to know what those ranges are. Ernest Jacks stated that the budget is $10,000.00 for this year and a similar amount next.year. He pointed out to Mr. Vizzier that he was talking about a more extensive thing. Mr. Jacks said he was questioning whether Mr. Vizzier was here to make a proposal to fulfill that update within the $10,000.00 budget. Mr. Vizzier said he thinks we are delaying something that is overdue. The 1963 census reflecting the trends from World War II up until 1970 was consistent. These have changed considerably. Ernest Jacks asked Mr. Vizzier what hopes he had for getting sufficient funds. Mr. Vizzier said that when he spoke with the Board of Directors they were all fairly positive about the idea if it involved spending over a period of years. He said that he would offer an alternative to what we have already done, and thinks we ought to evaluate the two parts and get the opinion of the Board. Barbara Crook said the Commission has felt that they needed to answer some broader questions. She asked Mr. Vizzier if he saw a possibility of some things going along a timetable. She said that some of the things we need to be correcting and others are down the road. Some things can be done quickly and others can't be done for a long time. Mr. Vizzier said that he thinks money may cause the work to be spread out. He said he thinks a public planner should be concerned with the day to day things, so the private planner can be free of some of those things. Ernest Jacks brought up the fact that the County planning area zoning is finally getting underway. He asked if, in Mr. Vizzier's opinion, he would feel that that also would come to a halt until we look over the whole situation. Mr. Vizzier said that he did not necessarily think so. Mr. Jacks said they plan to have zoning in the Growth Area by September. Wtndell Cullers questioned Mr. Vizzier that, if he weren't going to be here continually and, if we hired you, what is going to keep us from taking the Plan and changing it six months from now. Unless you had a continued interest we might or might not follow your Plan. Mr. Vizzier said he thinks we have to decide what the City staff is going to do. He could be on a retaining basis to work with the staff. Barbara Crook pointed out that that was what Mr. Vizzier had done before. Mr. Vizzier said they could look on Larry Wood as staff and could look on himself as Consultant. Almost all he would require is a continuing contract so he would have some input and the Commission would set up what the responsibili- ties are. Don Hunnicutt asked who would write the criteria for his proposal. Jim Vizzier said that the Board has a procedure by which they select professionals through an interview process. Ro Planning Commission Meeting June 14, 1982 Page Eight Julie Nash said that when she was reading the minutes of the last Board meeting, it seemed to her that the Board hasn't asked the Commission to vote, but that we are simply to o.k. that they hear Mr. Vizzier's proposal. Mr. Jacks asked if the Commission needed a motion passed. Julie Nash moved that the City Board consider Jim Vizzier's proposal along with any other proposals that might come before them. The motion was seconded by Melanie Stockdell. Barbara Crook asked if we could convey to the Board that our view of the necessary task has changed somewhat. The motion passed, 7-0. The next item for consideration was OTHER BUSINESS Other Business. Ernest Jacks said that no action was required on the letter from Ben Danley concerning the rezoning petition of Mr. Bassett; and we certainly agree with him and hope Mr. Bassett doesn't do something in HEN DANLEY LETTER The second item under Other Business was the notice of the 1982 Arkansas Conference on Community Planning and Development. Anyone interested in this Conference should discuss funding with the City Manager or the City Board a fit of pique. ARKANSAS CONFERENCE ON COMMUNITY PLANNING AND DEVELOPMENT -1982 The last item under Other Business was a OFF-SITE PARKING letter from Florence King, owner of a beauty FLORENCE KING salon to be opened at 201 West Mountain Street. 201 WEST MOUNTAIN The letter was read by Chairman Jacks (copies were distributed to Commission members). Bobbie Jones explained that what Mrs. King is really requesting is off- site parking approval - she would provide some on-site if the off-site parking were approved. Ernest Jacks asked if the approval was for Mrs. King's use or for the property in general. Barbara Crook moved the approval of off-site parking for Mrs. King and for this particular use only and this structure. The motion was seconded by Julie Nash and carried, 6-1, with Wendell Cullers voting "nay". There being no further business, the meeting adjourned at 6:45 P.M.