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HomeMy WebLinkAbout1982-06-28 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:00 P.M., Monday, June 28, 1982, in the Director's Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Julie Nash, Windell Cullers, Don Hunnicutt, Melanie Stockdell, Barbara Crook, Newton Hailey, Jr., and Morton Gitelman MEMBERS ABSENT: OTHERS PRESENT: David Williams Nianzer Anderson, Lamar Pettus, Jerry Rogers, Mike Phillips, Bob Whitfield, Mrs. Jones, Maxcyne Gangstad, Mel Milholland, Larry Wood, Bobbie Jones, Suzanne Kennedy, members of the press, and others The minutes of the Planning Commission meeting of MINUTES June 14, 1982 were approved as mailed. The next item of business was CONDITIONAL USE REQUEST consideration of a conditional use request NIANZER ANDERSON submitted by Nianzer Anderson to have disco 275 E. HUNTSVILLE ROAD dancing at 275 E. Huntsville Road; property zoned C-1, Neighborhood Commercial District. This was before the Commission as a change of non -conforming use. Nianzer Anderson and Lamar Pettus, owner, were present as representatives. Ernest Jacks explained this item had been tabled at the June 14, 1982 Planning Commission meeting pending reports of complaints received by the City Manager or Police Department on noise during the first six months of operation of "My Place". Chairman Jacks stated there had been differences of opinion at the last meeting about the number of complaints received by the City Manager or the Police Department. Mr. Jacks said a report submitted by the Planning Office shows seven complaints received by the Police Department between April 30 and June 12, 1982. Bobbie Jones said she had received a note from the City Manager, Don Grimes, that he had received a call on June 12, 1982 from a Mrs. Jones regarding late night noise on June 11. Ernest Jacks said according to the Police Department log, Mrs. Jones apparently called the Police Department twice that night. Melanie Stockdell pointed out that only two of the complaints were for loud music which was the original purpose of getting the complaint reports. Lamar Pettus, owner of "My Place", said that Mrs. Jones had contacted his office on June 22 (she lives at 308 E. Huntsville) about yelling and screaming matches and music playing until 2:00 A.M. at 306 E. Huntsville, residential property also owned by him. He said that he wrote to his tenants at 306 E. Huntsville just to the west of Mrs. Jones and told them to control their noise. Mr. Pettus said she indicated ongoing problems with that tenant; he asked her if she was referring to the Club or the neighbors at 306 E. Huntsville and she indicated to him it was the neighbors. The Police Department, in Planning Commission Meeting June 28, 1982 Page Two receiving her complaints, was under the impression she was referring to "My Place". Ernest Jacks stated that five of the seven complaints logged are from Mrs. Jones. Mrs. Jones was present and Mr. Jacks asked her if she had seen the report of complaints, which she said she had not. Mr. Jacks asked her if her complaints had been in regard to noise at "My Place". Mrs. Jones said she had complained once about the house at 306 E. Huntsville and the rest of her complaints to the police had been about the disco. Melanie Stockdell said that it appears that the only criteria we can use is whether or not the usage is more intense than the previous usage. She said she felt that, if the previous usage was a grocery store, she can't see that this usage is more intense on a day-to-day basis. Maxcyne Gangstad, owner of rental property at 317 Combs Avenue, said she thinks there is a difference in operation as to hours, since the Club begins operation at 9:00 or 9:30 P.M. and goes until 2 or 3:00 in the morning, and the complaints are over a six-week period during a time when the weather is warm and windows are open. Ernest Jacks stated that the Planning Commission has received petitions numbering about 115 signatures asking that the business be allowed to remain in operation. Windell Cullers moved the item now under consideration be removed from the table. The motion was seconded by Melanie Stockdell and passed, 8-0. Windell Cullers moved to deny the conditional use request for disco dancing. Cullers said that one of his reasons for making the motion was because of the fact that the Club was not open very much in the last six months; and it was his feeling that, everytime they were open, there have been complaints. He said he has been approached personally by two other owners of property in that neighborhood complaining about noise. He said his other reason for moving to deny the request was that, if the disco were located in his neighborhood or some other neighborhood, he doesn't think the Planning Commission would seriously consider it. It is a much more intensive use than what was there in the past, the hours are considerably different, and he is sure that what goes on outside the club in not under the control of the young man who seems able to control what's going on inside the club. The primary concern seems to be what goes on outside during later hours. The motion died for lack of a second. Ernest Jacks read a petition submitted by members of the audience which opposed the request for disco dancing, and numbered about 182 signatures. Lamar Pettus pointed out that the matter before the Commission today was to consider Police reports of noise complaints, and that, if he were to be given two more weeks, he could come back to the meeting with another S00 signatures in favor of the use. Ernest Jacks then read the petition which had been submitted at the last Planning Commission meeting asking that disco dancing be allowed to continue at "My Place". Bobbie Jones said, in response to a question from Barbara Crook, that the area in question is zoned C-1, Neighborhood Commercial. She said that it had been a grocery store with a liquor store included. The liquor store was not a permitted use in C-1. They have asked for a change of a non -conforming use. She said that the City could approve a restaurant with no dancing or entertainment, and the ordinance really doesn't say whether they can serve liquor or not at a restaurant. It does lista tavern or a nightclub as separate uses from a restaurant and taverns and nightclubs are not permitted in the C-1 District, q3 A Planning Commission Meeting June 28, 1982 Page Three Barbara Crook said she had originally suggested the tabling of this item and now doesn't find the number of complaints significant enough to deny the request. Barbara Crook moved the approval of the requested change of non -conforming use to allow disco dancing. The motion was seconded by Melanie Stockdell. Windell Cullers said he would vote against the proposal and that, even though the approval may be granted, he thinks the conditional use was predicated on the idea that it would be there in harmony with the neighborhood. He said the fact is, they say they weren't open very much and there are complaints for the time that they were open. If this were located on Rolling Hills Drive and those neighbors complained, he thinks the Planning Commission would listen. He thinks the issue is simply the part of town in which the disco is located and he thinks a strong appeal has been made for the fact that it is in a black community. The point is that it is still a disco and is still going to change people's lives to some degree and is going to be a different use from what the store had been in the past. He thinks that a conditional use should be something that can be compatible with the surrounding community. Newton Hailey stated that he would abstain from voting on this issue because he was not present to hear any discussion when it was considered at the last Planning Commission meeting. Don Hunnicutt asked if there was to be any time limit included in the motion. Barbara Crook said she felt, if there was not to be any expense included in order to change the use, a time limit would cause a hardship. Don Hunnicutt said he thinks the noise ordinance should take care of any noise problems that might occur. Wendell Cullers said he had heard there is a wide discrepancy with police officers and what they hear when they respond to a noise complaint. Ernest Jacks said he wanted to clarify that there is no mention of a time limit included in the motion. The motion was voted on and passed, 5-2r1, with Morton Gitelman, Barbara Crook, Melanie Stockdell, Julie Nash and Don Hunnicutt voting "aye" and Ernest Jacks and Windell Cullers voting "nay". Newton Hailey abstained from voting. In response to a question from the audience about whether the disco could operate as a bar, Bobbie Jones said that, in order to operate as a private club, they will have to come back and make a new request. She said the ordinance lists a difference in a restaurant with dancing or entertainment and one without dancing or entertainment and it lists a restaurant separate from a tavern or nightclub Ernest Jacks said it should be clarified that the Planning Commission has not given approval for operation of a private club Maxcyne Gangstad stated that she had contacted City Attorney Jim McCord, who told her the change of use would allow disco dancing only, and that they could not set up a bar or serve liquor She said the owners of the disco have already been denied an ABC license. The next item for consideration was the approval of the final plat of Bronze Tree Village located north of Township Road and west of Brophy Circle; Omni -Shelter, Inc., owners and developers. Property zoned R-3, High Density Residential District. Mel Milholland was present as a representative of Omni -Shelter, Inc. FINAL PLAT BRONZE TREE VILLAGE BROPHYYCIRCLE OMNI -SHELTER, INC. • Planning Commission Meeting June 28, 1982 Page Four Don Hunnicutt, Chairman of Subdivision Committee, said that there was no representative present and that he was the only committee member in attendance at the last Subdivision Committee meeting on Friday, June 25th, when this item was brought up for consideration. He said that he had considered suggesting the Committee try to meet at 4:00 P.M. on Mondays before Planning Commission meetings, as they had done in the past. Ernest Jacks pointed out that lack of attendance at the Subdivision Committee meeting seems to be a summertime situation. Don Hunnicutt said that, as long as the schedule stays light, the 4:00 Monday time will work out; but, in the past, the problem they had was that the 4:00 meeting was running into the Planning Commission meeting time. Fridays are better meeting times for developers to attend, so that if anything needs cL to be done before the Planning Commission meeting, it can be taken care of over • Q the weekend. It was agreed, after some discussion, to try to meet again on aFridays. Ernest Jacks said that he had considered the plat of Bronze Tree Village 2 and his question was did the Commission approve the entrance to Township Road c; on the preliminary plat. Bobbie Jones said that Ross Fefercorn had presented the original plat. She said that she thought there had been approval of the entrance on Township. After further discussion, it was generally agreed that approval had been granted. Don Hunnicutt spoke with regard to Plat Review Committee comments on Bronze Tree. He said it appears the intent is clear to include those; the cut they have made there now is not close to where the drive is supposed to be, as atk •Clayton Powell points out. O Mel Milholland stated that the site plan shows S6 feet and 8 inches from .the property line now. Don Hunnicutt pointed out that Clayton Powell said the cut in the curb was for Building 9 and 10, and those drives have been constructed, and Powell was wanting to wait until those were finished as the PUD in order to accept the final. He stated that, in the case of a PUD, private streets are accepted and the City does not maintain them anyway. Bobbie Jones said that Clayton Powell was wanting the developer to finish the private streets prior to acceptance of the final plat because in some cases, developers have gone bankrupt and things haven't been finished up. Don Hunnicutt pointed out that the Planning Commission actually approves final plats before some construction starts. Bobbie Jones said that usually a Bill of Assurances, a cash bond, a - performance bond or a contract entered into insures that if construction is not completed within that period of time, the City has another period of time in which they can step in, make the improvements and file a lien against the property. Don Hunnicutt asked if the Commission could approve the final plat and then delay the City filing it until certain things are completed. Bobbie Jones said the developer is anxious to sell units 9 and 10. Mel Milholland said that Omni -Shelter was under the impression the Commission had to approve the final plat so that they can start construction. On the site plan, they were going to pave everything that was needed for parking 1and access into the units they were building - with the exception of the radius • part of the drive, everything was to be asphalt - the curb and gutter and base and so forth. What the owner related to him was they would put the swale in, a 0 Qs J • Planning Commission Meeting June 28, 1982 Page Five the curb cut, the curb and gutter to grade and base and soon get around to the radius; all of the parking in the interest of the units is to be completely asphalted to grade, to City standards and the curb and gutter for the aisle would be put in. The owner was under the impression that when the final plat was approved, this would all be done. The letter of assurances would insure the completion of these units. Ernest Jacks asked if the Planning Commission should choose to approve the final plat subject to Plat Review comments and the provision of a bill of assurances, would there be any other problems. Mel Milholland said Clayton Powell's comments would be the hardest ones to comply with, particularly with regard to completing improvements for the entire unit before approval of the final plat. Ernest Jacks stated that that problem could be handled with the bill of assurances. Bobbie Jones brought up that portion of Powell's comments with regard to drainage and his concern about the increased velocity of drainage. Mel Milholland explained that a curb cut had been added and a swale was not put in to drain the water on down Township as it should. That part should be resolved. Don Hunnicutt moved to approve the final plat of Bronze Tree Village contingent on Plat Review comments and specifically pointing out that the curb cut mentioned by Clayton Powell be handled properly and that the contract with the City that is called for in the Plat Review as a bill of assurances be complied with before officially issuing the final approval. The motion was seconded by Newton Hailey, and passed, 8-0. The next item of business was consideration of a conditional use request submitted by Robert Whitfield to have mini -storage at the southeast corner of Highway 71 South and Whillock Street. Property zoned C-2, Thoroughfare Commercial District. Robert Whitfield was present as a representative. In response to Ernest Jack's question about the notification of adjacent property owners, Bobbie Jones said that she had been on vacation and didn't know but there were names and addresses listed in the file, and that this usually is an indication that they have been notified. Mr. Whitfield explained that the request for conditional use is just for the area that has been zoned C-2 as shown on his map. He said that he used the same legal description that had been used when they rezoned the property. Bobbie Jones said that the zoning map shows that the property in question is zoned C-2, and that the rest of the property in that area is R-1, Low Density Residential. The owner will have to process a large scale development plan. Windell Cullers moved the approval of the conditional use request for mini - storage. The motion was seconded by Julie Nash and passed, 8-0. CONDITIONAL USE REQUEST FOR MINI -STORAGE HWY'71 SO $ WHILLOCK STREET ROBERT WHITFIELD The last item on the agenda was consideration of a request from Jerry Rogers to waive screening along east REQUEST FOR WAIVER OF SCREENING ROGERS PRODUCE HIGHWAY 16 EAST BYPASS property line on property located south of 15th Street and west of Morningside Drive(denied June 14, 1982. Mr. Rogers to obtain letter from property owner to the east). Jerry Rogers and Mike Phillips were present as representatives. 46 Planning Commission Meeting June 28, 1982 Page Six Ernest Jacks said that the Commission had required the screening in their consideration of this item at the last meeting, that they have received a letter from Mr. Rogers again asking the Commission for a waiver, and also a letter from the property owner on the east side of the development. Mr. Jacks read the letter from Joe Kelly, the property owner. Mr. Rogers said that he had talked with Mr. Kelly who was very much against the obscuring fencing. In response to questions from Mr. Jacks, Mr. Rogers explained that the business was not a wholesale produce operation but consisted of offices and warehouse Bobbie Jones stated that the ordinance calls for either a view -obscuring fence or vegetation or a combination of the two and allows the Planning Commission to grant a waiver but requires 10% of that area be planted in vegetation if the view obscuring fence is waived. Windell Cullers moved approval of a waiver of the view -obscuring screen for the east side of the property. The motion was seconded by Barbara Crook. Melanie Stockdell asked if it was automatically assumed that the owners will plant vegetation. Ernest Jacks clarified that the motion also requires the 10% planting of vegetation as required by law. The motion passed, 8-0. There being no further business, the meeting was adjourned at 5:45 P.M. 97