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HomeMy WebLinkAbout1983-05-09 Minutesi • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held on Monday, May 9, 1983 at 5:00 P.M. in Room 107, Continuing Education Center, Center Street and East Avenue, Fayetteville, Arkansas. MEMBERS PRESENT: David Williams, Ernest Jacks, Barbara Crook, Don Hunnicutt, Gitelman, Melanie Stockdell MEMBERS ABSENT: OTHERS PRESENT: None Newton Hailey, Julie Nash. Windell Cullers, Morton Jerry Wilson, James Wilson, Leanne Wilson, Tom Pearson, Jr. Eugene Glover, Gary Carson, Jake Perry, Al Romine, Suzanne Kennedy, Bobbie Jones and others With no corrections or additions, the Minutes of the April 25th meeting were approved as mailed, with Commissioners Stockdell and Gitelman not present. The next item of business was a Conditional Use Request submitted by Jerry L. Wilson to construct a mini -storage facility to be located south of Sycamore Street and east of Highway 71, zoned Thoroughfare Commercial District. Jerry Wilson, James W Tom Pearson, Jr. were present to represent the project. and Gitelman arrived at this point. MINUTES CONDITIONAL USE REQUEST KEYPORT SELF -STORAGE SYCAMORE STREET $ HWY 71 JERRY L. WILSON ilson, Leanne Wilson and Commissioners Stockdell Jerry Wilson introduced those others present working with him on the project and distributed a summary of the Keyport Storage facility. He said the property comprised 2.94 acres. Wilson covered some corrections to Plat Review Minutes which are detailed in Subdivision Committee Minutes of May 6, 1983. He displayed a model of the project and explained his wish to have the building setback requirement on Sycamore Street waived. Wilson was aware that this waiver request was to go before the Board of Adjustment, but outlined his reasons for requesting the waiver and asked the Planning Commission for their feelings. Wilson said if the variance is granted, they would be willing to give the 20 feet asked for by Clayton Powell for the realignment of Sycamore Street (this instead of only the ten feet they are required to give). The Chairman said the Minutes would reflect the Commission is in general accord with Mr. Wilson's proposal to have the building setback requirement waived on Sycamore Street. Chairman Hailey said the Commission needs to consider two conditional use requests: 1) for the mini -storage stated in the conditional use request and 2) for a housing unit for caretakers' quarters, which is allowable as a conditional use but was not stated in the request. Property owner to the northwest, Eugene Glover, was present and said he thought the facility would be an asset to the property. There were no other comments from the audience. 5Y • • • Planning Commission Minutes May 9, 1983 Page Two Windell Cullers asked under what zone this type facility is permitted and Bobbie Jones said I-1, Heavy Commercial and Light Industrial, but the Code does not differentiate between mini -storage and other types of warehouses. David Williams asked that this category be considered in the General Plan Update Windell Cullers moved to approve the conditional use as requested in a C-2 zone and to also approve the caretakers.' housing as a conditional use. The motion was seconded by Ernest Jacks and passed, 9-0. The next item of business was approval of the Large Scale Development Plan for a mini - storage facility to be located south of Sycamore Street and East of Highway 71; Jerry L. Wilson, owner Commercial District. Jerry Wilson was MOTION LARGE SCALE DEVELOPMENT PLAN KEYPORT SELF -STORAGE SYCAMORE STREET $ HIGHWAY 71 JERRY L. WILSON and developer, zoned Thoroughfare present. Bobbie Jones said she had determined the lot split was not needed for this property. Don Hunnicutt reported for Subdivision Committee and stated they recommend approval of the Large Scale Development pending 1) compliance with Plat Review comments, 2) indication of a storm inlet either on the parking lot side or as a driveway inlet, 3) indication of adequate area for parking, 4) that the Commission address the question of trees in lieu of fencing on the east boundary and 5) subject to clarification that the 25 foot easement shown is permitted by City Engineer Don Bunn. Bobbie Jones explained that Don Bunn in Plat Review comments, that only a checking with City Engineer Bunn and they both concur in allowing 25 feet. had requested a minimum 35 foot easement 25 foot easement is shown on the plat. In Gas Company representative Kenneth Wagner, Hunnicutt moved to recommend approval of the Large Scale Development 1) compliance with Plat Review comments, 2) indication of a storm inlet either on the parking lot side or as a driveway inlet, 3) parking requirements to be checked out by Bobbie Jones, 4) with trees preferred on the east side in lieu of fencing, and 5) with a 25 foot easement shown in Don Bunn's Plat Review comments. was seconded by Barbara Crook. pending MOTION The motion Don Hunnicutt explained to Ernest Jacks that, after the waiver request goes to the Board of Adjustment, it will not be necessary for Planning Commission to reapprove the Large Scale Development. Morton Gitelman brought up the fact that poplar trees were used for screening behind Evelyn Hills Shopping Center and failed to live and he asked that the owners reconsider the use of poplar trees. After further discussion, it was noted that Bobbie Jones has a list of shrubbery and trees and their characteristics, 55 Planning Commission Minutes May 9, 1983 Page Three and in the event the owner decides to install a privacy fence in addition to the greenery, the greenery would then not be required. However, if greenery were used, it must continue to live or be replaced by a privacy fence. The motion was voted on and passed unanimously, 9-0. The next item was a request for a variance from the lot size requirement applicable to a lot split submitted by Mrs. Zola Stanberry for property south of Highway 16 East and east of Mally Wagnon Road. Attorney Gary Carson was present to represent Mrs. Stanberry. VARIANCE FROM LOT SIZE REQUIREMENT FOR 'CLOT SPLIT SO. OF 16 EAST $ EAST OF MALLY WAGNON ROAD ZOLA STANBERRY Mr. Carson noted the agenda states the property is south of Highway 16 West and should state "south of Highway 16 East". Carson explained the Stanberrys acquired almost 30 acres of land prior to 1970, in three separate tracts, and Mrs. Stanberry now wishes to deed 9.815 acres apiece to her three children, keeping one/half acre for herself, on which she resides. David Williams moved to approve the request. The motion was seconded by Windell Cullers. Bobbie Jones explained this request must go on to the Board of Directors for approval of a lot of less than 11 acres on a septic tank. She said the request before the Planning Commission is for waiver of lot size requirement for a lot split of less than three acres. She said the original three tracts will be four tracts, if approved. David Williamsrestated his motion to move approval of the request for MOTION waiver of the lot size requirement of 3 acres for a lot split. The motion was seconded by Windell Cullers and passed, 9-0. Next on the agenda was a request for waiver of the 121 foot setback on the driveway from the side property lines and for a waiver of the driveway WAIVER OF SIDE SETBACK FOR DRIVEWAY AND SAFETY ZONE FROM INTERSECTION 101 SOUTH WILLOW ST. JAMES BAPTIST CHURCH safety zone of 40 feet from the intersection of street right-of-way for St. James Baptist Church, 101 S. Willow Avenue, zoned R-2, Medium Density Residential District. Jake Perry and 3 or 4 others were present to represent the church. Bobbie Jones explained that a church is only permitted in the R-2 zone as a conditional use, but that the church has been there since before this ordinance was written. She said in the past, when there has been rebuilding or additions to churches, an owner is required in a case like this to apply for a conditional use approval, which they have not yet done. She said they do have a request for waivers of building and parking setbacks to go before the Board of Adjustment, and that she has on file letters from adjoining property owners stating no objections. 56 • • Planning Commission Minutes May 9, 1983 Page Four Ernest Jacks moved approval of the waiver safety zone setback and the waiver of the 40 feet from the intersection of a street Cullers seconded the motion. of the 121 foot driveway driveway safety zone of right-of-way. Windell MOTION Don Hunnicutt suggested it would be better to have an entrance to a parking lot 20 feet from the street intersection rather than an exit. Hailey concurred with this suggestion, but Jacks said he thought the proposed design will allow traffic to stack up inside the parking lot rather than out oh the street. Morton Gitelman asked if there should be a requirement to install signs which would designate "In" only and "Out" only. Bobbie Jones said this could be stipulated in the granting of any approval. The motion was approved, 9-0. Bobbie Jones said, with a request for a conditional use'; the notification of adjoining property owners is a policy, not a requirement. David Williams moved a conditional use be granted on the basis of the church's historical occupation and use at that location. The motion MOTION was seconded by Ernest Jacks. Williams said his intent is that due process was taken care of by the fact the church has been in existence, and that the Planning Administrator be authorized to do whatever is needed to make it legal. The motion passed, 9-0. The next item to be considered was a request for approval of off-site, off-street parking for Bull's Eye Pub at 409 W. Dickson Street, submitted by Al Romine, zoned C-3, Central Commercial District. Mr. Romine was present. OFF-SITE, OFF-STREET PARKING BULL'S EYE PUB 409 W. DICKSON AL ROMINE Mr. Romine said the parking lot he proposes to use is directly south of the Bull's Eye Pub and has access to the east from School Avenue, that he is presently renting this lot from Bill Lazenby for parking. Bobbie Jones said there is an alley bordering the property on the west and one parking space in the extreme southwest corner of the plot plan submitted will be lost. She has a letter from Bill Lazenby which states Mr. Romine has the right to park two employee cars directly behind the building south of the parking lot. She explained the parking requirement being imposed on Mr. Romine is related to the balcony he added which increased his floor space. David Williams moved to approve the request, seconded by Morton MOTION Gitelman and passed unanimously, 9-0. 57 • • • Planning Commission Minutes May 9, 1983 Page Five OTHER BUSINESS Chairman Hailey said he DRIVEWAY SETBACK WAIVER received a call from Don Cook, 11 NORTH DUNCAN AVENUE neighbor adjacent to Jeremy Hess, who JEREMY HESS submitted a request for a driveway setback waiver for 11 N. Duncan Avenue at the April 25 Planning Commission meeting. Hailey said Hess had told the Commission that Mr. Cook was in agreement with the driveway proposal but it turns out he is not. Mr. Cook is concerned the driveway will cause part of a stone wall to be torn down and they would like to have a four -foot strip for plantings. Hailey asked Bobbie Jones to write a letter to Jeremy Hess stating it was the Commission's thought the property owners had concurred and now it appears one does not, and to ask Mr. Hess to work with this property owner. David Williams said the owner of "Animal Fair" SIGN ORDINANCE on South School thinks the sign ordinance has been enforced on her but not on the Heritage Federal Savings and Loan building's time and temperature sign. It was determined this question should be directed to the Board of Directors. Barbara Crook distributed possible amendments to the Zoning Ordinance on Accessory Residential Structures, stating that the committee's work had evolved out of a request from the Terry family who had asked to have a mobile home for an elderly mother on their lot in a residential zone. Crook stated there have been other requests for accessory structures, that the committee has come up with a series of possible amendments to the Zoning Ordinance which would make it possible to have an accessory structure on less than the amount of land required for two residences, that the committee has tried to protect the City in cases where the structures might not be removed within an allotted time. COMMITTEE REPORT ALTERNATE HOUSING FOR ELDERLY AS A TEMPORARY CONDITIONAL USE BARBARA CROOK Barbara Crook said it was Ernest Jacks who suggested the heading read "Temporary Accessory Residential Structures", that Jacks has also suggested, under Article 17. Definitions, we should add that these structures must meet the Building Code requirements. Jacks stated he thought the definitions are confusing, but wanted to make sure we make a distinction between mobile homes and pre- fabricated constructions, that pre -fabricated homes meet the Building Code, whereas mobile homes do not. Crook said if mobile homes meet the Building Code, they then "become" prefabricated homes, by definition. Her intent is not to exclude the mobile homes, if they meet the Building Code. Gitelman said if we require a mobile home to meet the Building Code, itwould then be cheaper for people to add on to their houses and he asked how we would handle the situation where the elderly relative dies in six months and they then have to remove the structure. 58 • • • Planning Commission Minutes May 9, 1983 Page Six After further discussion, Windell Cullers moved the Planning Commission schedule a public hearing for the purpose of discussing the changing of the Zoning Ordinance to allow for temporary housing for elderly or dependent relatives. The motion was seconded by Melanie Stockdell. MOTION Newton Hailey brought up a change to Article 7, Sec. 24 (6) of the proposed revisions, where he thought a Bill of Assurance should be used instead of a cash bond. It was decided the proposed amendments would be forwarded to City Attorney McCord for drafting in proper form before the public hearing, which would be held as soon as possible. The motion passed unanimously, 9-0. With no further business, the meeting adjourned at 6:10 P.M. • M