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HomeMy WebLinkAbout1983-06-13 Minutes• A meeting of the June 13, 1983 in and East Avenue, MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman MINUTES OF A PLANNING COMMISSION MEETING Fayetteville Planning Commission was held at 5:00 P.M. on Room 107 of the Continuing Education Center at Center Street Fayetteville, Arkansas. Barbara Crook, Morton Gitelman, Don Hunnicutt, Ernest Jacks, Julie Nash, Newton Hailey, Jr. Melanie Stockdell Windell Cullers, David Williams Johnny Quinn, Phillip D. Yoakum, John Maguire, Mel Milholland, Garry Drake, Danny Wright, Robert Cupp, Bobbie Jones, David McWethy, Suzanne Kennedy, members of the press, and others Newton Hailey called the meeting to order at 5:00 P.M. With no additions or corrections, the Chairman stated the Minutes of the May 23 meeting stand approved as mailed. Chairman Hailey stated the large scale development plan for Chicken Country Restaurant to be located at 1889 North College Avenue was approved at the Subdivision Committee level on Friday, June 10, and no action needed by the Planning Commission The third item of business was approval of the large scale development plan for the Andrew Corporation to be located east of City Lake Road and south of Burlington Northern Railroad in the Industrial Park area, zoned I-1, Heavy Commercial and Light Industrial District, and I-2, General Industrial District. Johnny Quinn was present to represent McClelland Consulting Engineers. Commissioner Gitelman arrived at this point. • MINUTES LARGE SCALE DEVELOPMENT PLAN CHICKEN COUNTRY RESTAURANT 1889 N. COLLEGE AVENUE 1983. There were no questions LARGE SCALE DEVELOPMENT PLAN ANDREW CORPORATION INDUSTRIAL PARK AREA JOHNNY QUINN Don Hunnicutt, reporting for Subdivision Committee, stated the Committee recommends and he so moved, approval of the large scale development for the Andrew Corporation, as submitted, subject to the following: 1) Plat Review comments; 2) compliance with Code requirements on number of parking spaces at building permit time; 3) approval of a 127 -foot curb cut for driveway width (a change from 87 feet originally requested); and 4) that future buildings #3 and #4 be required to maintain a 50 -foot setback from the north property line or from any future street right-of-way along that line. Barbara Crook said contingency #4 was added in order to maintain the possibility of getting a street 'to the land -locked parcel. The motion was seconded by Barbara Crook. Crook said the request on driveway width came in the form of a letter requesting a waiver and although 87 feet is stated in the letter, the intent was to ask for 127 feet. The motion passed, 6-0, with Ernest Jacks not yet present and with Cullers and Williams absent. 6" Planning Commission June 13, 1983 Page Two Next item on the agenda was public hearing on Rezoning Petition R83-7, submitted by Phillip D. Yoakum, to rezone 7.26 acres located north of Drake Street and east of Highway 71 Bypass C-2, Thoroughfare Commercial District. Mr. REZONING PETITION R83-7 DRAKE STREET AND HIGHWAY 71 BYPASS PHILLIP D. YOAKUM from A-1, Agricultural District, to Yoakum was present. The Chairman gave a summary of Planning Consultant Larry Wood's report included with the agenda, stating that Wood does recommend the C-2 district for the following reasons: 1. The request is compatible with the General Plan; 2. The public facilities and services are available to serve the property; 3. The intersection of Highway 112 and Highway 71 Bypass is an appropriate location for commercial development. Barbara Crook said Use Unit 24 of the Zoning Ordinance allows a billboard in the C-2 District. She asked if the sign ordinance took precedence over Use Unit 24. Bobbie Jones, Planning Administrator, said the size of the sign is governed by the sign ordinance. She said they can only have one on-site or off-site, free-standing sign on a parcel, whether the property is occupied or not, that the display surface area on a controlled access highway can go up to 200 square feet. There is a setback requirement of 40 feet from any street right-of-way and 25 feet from any R -zoned property. Crook said she thinks the intersection has become one important entrance to the University. Jones said if the property owner were to have an outdoor advertising sign and then were to develop the property, they could not have a separate free-standing sign. Newton Hailey explained the map in the agenda does not reflect the fact that Highway 112 has been re-routed and touches the southwest corner of this property. Commissioner Jacks arrived at this point. The Chairman asked for any comments pro or con to the petition. Mr. Yoakum said the only house close by the property belongs to the same owners of the property under petition. With no further questions or comments, Barbara Crook moved to recommend approval for the reasons stated in the Planning Report. The motion was seconded by Morton Gitelman, and passed, 7-0, with Cullers and Williams absent. MOTION Chairman Hailey stated the petition would be heard at the June 21st meeting of the City Board of Directors. The next item on the agenda was public hearing on Rezoning Petition R83-8, M.A.P. Group, to rezone 11.24 acres located north of Sycamore Street REZONING PETITION R83-8 SYCAMORE STREET $ HIGHWAY 71 BYPASS M.A.P. GROUP JOHN MAGUIRE and west of Highway 71 Bypass from R-2, Medium Density Residential District, to I-1, Heavy Commercial and Light Industrial District. John Maguire and Mel Milholland were present to represent the petitioners, 68 • • Planning Commission June 13, 1983 Page Three Chairman Hailey summarized Larry Wood's Planning Report which he stated did not recommend the I-1 District for the following reasons: 1. I-1 District is not compatible with the General Plan recommendation; 2. The general character of the land in this area is rolling with fairly deep creek cuts and flood plain which is not conducive to the establishment of an industrial area; 3. Industrial development will establish a conflicting land use pattern if the surrounding property is intended to be developed residentially; 4. Industrial development could cause traffic conflicts if access is sought from Sycamore Street and Giles Road Ernest Jacks asked where access is to the property in question. Mel Milholland said access to the property is off Porter Road just north and west of the overpass. Milholland displayed a reduction of an aerial photograph which showed a proposed frontage road the developer wishes to build into the site, to touch the south boundary of their property. It was generally agreed the Highway Department probably had no plans for building a service road on the west side of the Bypass in that area. Milholland said, considering the flood plain area included in the parcel, they think the rezoning would allow them to more effectively utilize the lay of the land. John Maguire said they intend to use the property for warehousing and office warehousing with display showrooms. Newton Hailey said when the Planning Commission recommended rezoning this property in August 1981 they did so with the condition that certain use units would be excluded such as gas stations, manufacturing and bulk plants. Mr. Maguire said he would accept the same conditions on this rezoning petition. Maguire told Ernest Jacks he envisioned buildings with display windows facing the Bypass and entrances off the service road. Jacks said Larry Wood's objections are well-founded and Jacks stated he sees a traffic problem at the intersection, access as a problem as well as the proximity to R-1 zoned property adjoining the parcel. Jacks said when the General Plan was adopted in 1970 the Commission talked about setting up the intersection of Highway 112 and the Bypass asa logical place for the kinds of development Maguire is talking about, because it has better access. Maguire said he thought R-2 uses develop more traffic than warehouse uses do. Ernest Jacks pointed out the warehouse use would bring in traffic such as large semi -trucks. It was explained the proposed service road would connect with Porter Road and Mt. Comfort Road north of the Bypass. With no further comments for or against the petition, the public hearing was closed. Newton Hailey said this area has been under study by the Planning Commission's Update Committee. Maguire said they continue to oppose having R-2 zoning up against the highway and, if the petition is denied, they have no choice but to build the proposed road anyway. Hailey said the Update Committee may have a report by the end of August which may give some further guidance, and said he would be comfortable having more data from that committee, although he is prepared to vote on the petition now. Hunnicutt said the existing I-1 property can be developed and that most of the property under petition is included in the flood plain and he sees no access being possible off Sycamore without building a bridge. He said he does not think residential uses can be developed because of the great amount of fill which would be required, but that an industrial owner can afford to build on the site more 49 • • Planning Commission June 13, 1983 Page Four readily. Hunnicutt said he could see adjusting the boundary of the I-1 property already there. Barbara Crook said she would be more comfortable if the petition only included property about 250 feet back from the highway, as residential development could happen to the west of the hollow, and there should be more of a transition between the residential and industrial zones. Maguire said they could accept a change such as that, but 250 feet would not give them enough usable area to develop. There was some discussion about the possibility of reducing the parcel to a 5S0 foot strip along the highway. Bobbie Jones said the petitioners would have to submit a revised legal description if the property under petition were to be reduced, before a recommendation goes before the Board of Directors. Melanie Stockdell moved to deny the petition as submitted. MOTION The motion was seconded by Julie Nash. Bobbie Jones explained, if the petition is denied, it may be appeal to the Board of Directors within 15 days by writing a letter to the City Clerk stating the reasons why the petitioner feels the decision to deny was in error, and using reasons other than "arbitrary and capricious". She said a petition can come before the Planning Commission again after twelve months from the date of final disapproval, unless the Planning Commission votes to allow otherwise. The motion to deny was passed, 5-2, with Hunnicutt and Hailey voting "nay" and with Cullers and Williams absent. Hunnicutt moved to recommend 550 feet of the property under petition being equidistant from and parallel to the Bypass be rezoned to I-1, with the MOTION same constraints on use units as placed. on this property in August of 1981. The motion was seconded by Barbara Crook. The petitioners stated this • recommendation was -an acceptable alternative. The motion passed, S-2,.with Julie Nash and Morton Gitelman voting "nay", with Cullers and Williams absent. The sixth item on the agenda was to consider a request for a variance from the lot size requirement applicable to a lot split submitted by Garry Drake for property south of Highway 45 and east of Woodsedge Road. VARIANCE FOR LOT SPLIT HIGHWAY 45 $ WOODSEDGE ROAD GROWTH AREA GARRY DRAKE Garry Drake was present. Hailey said this property is in the planned growth area, that a request to waive the 111 acre requirement for a lot not on public sewer was heard by the City Board of Directors and referred to their Water and Sewer Committee. The request before the Planning Commission is to waive the minimim three -acre lot size for each parcel on a first lot split. The Chairman noted that, had the applicant chosen to go directly to the courthouse, the Planning Commission would never have known about the lot split. Ernest Jacks asked Bobbie Jones if the agreement whereby the courthouse inserts a notice in the abstract was not working. She said the county does not usually insert a notice in the abstract. 70 A • • • Planning Commission June 13, 1983 Page Five Jacks said the purpose of the lot size requirement is to keep development from taking place without proper improvements. Mr. Drake explained they only wish to have this one lot split so that their elderly parents can live next door to them. Ernest Jacks moved approval, seconded by Mort Gitelman and passed, 7-0, with Cullers and Gitelman absent. The last item on the agenda was four conditional use requests submitted by Attorney Danny Wright for University Baptist Church. Mr. Wright was present. CONDITIONAL USE REQUESTS UNIVERSITY BAPTIST CHURCH DANNY WRIGHT Morton Gitelman left the meeting, stating he always abstains on UBC matters. Chairman Hailey listed the four requests for conditional 1. for an Arkansas Institute of Theology 2. for a Wee Care Christian School in an 3. for a duplex in an R-1 zone; and 4. for a missionary family residence and a single-family residence in an R-0 zone uses: in an R-3 zone; R-3 zone; a "Second Season Store" in #3. Conditional Use for a Duplex in an R-1 Zone Hailey said the Planning -Commission cannot take action on Item 3 as proper notice was not given to adjacent property owners and a sign was not posted by the Planning Office. Mr. Wright stated he thought he was asking for a variance on this item, not a conditional use, and was not aware of the notification require- ment. Bobbie Jones said the applicant must provide certified letters to the adjoining property owners and the Planning Office must place a sign on the property ten days before the public hearing. Newton Hailey moved to table the third request. The motion was MOTION seconded by Melanie Stockdell. Barbara Crook said her understanding of the ordinance is that, in order to qualify as a duplex, the two dwelling units must be physically separated, that adding a kitchen does not accomplish a complete separation between the two units. Bobbie Jones said the duplex would have to meet the building code, and a building permit would be needed. She said the Code defines a "family" as limited to no more than three persons per dwelling unit, unless related by blood or marriage. Danny Wright asked what alternative there was to physically separating the units. Barbara Crook said they would have to try to get the property rezoned to a zone under which boarding houses and rooming houses are permitted. Danny Wright said the intent is for three persons to live upstairs and three persons to live down- stairs but that the living units are connected by an interior and exterior stairwell. "(, i • Planning Commission June 13, 1983 Page Six Ernest Jacks said he thought the Planning Commission in the past had tried to address this question of the number of persons who could live in a single dwelling unit. Bobbie Jones said a request to change the ordinance came before the Commission but was refused Bobbie Jones said, if the church is granted the conditional use for a duplex, if they are issued a building permit and have physically separated the dwelling units (per the Building Code), they then could have as many as three unrelated persons living in each dwelling unit of the duplex. She said the building code requirement for separation will probably be some type of fire -rated wall. The motion to table this item was passed, 6-0, with Cullers, Williams and Gitelman absent. Bobbie Jones said if property owner notification is made no later than June 17th, this item will be on the agenda for the June 27th meeting. #1. Conditional Use for the Arkansas Institute of Theology located at the southwest corner of Maple Street and West Avenue and zoned R-3, High Density Residential District. Wright said this conditional use is for an activity the church has had for several years, in ignorance of the requirements. He said the Institute was formerly Calvary Baptist Church, which was approved as a conditional use in an R-3 zone. He said when UBC purchased Calvary Baptist Church, its auditorium was converted into a church library which now serves as a library for the Institute. Wright stated the Institute is a non -degree, accredited university similar to a Junior College and offers theology courses to university students and lay people. He said degrees are bestowed which are not ordinarily accepted by other colleges and universities. He said it varies from church use only in that there is classroom activity Monday through Friday, but is still used on Wednesdays and Sundays for church activities. He said the Institute has about 2,000 square feet of classroom and they have in excess of ten parking spaces on the site, with two additional lots immediately east across West Street that are available. He said there would be no increase in the number of people involved with the Institute over the number involved with the church, except for Monday through Friday. Robert Cupp, President of the Institute, stated it is similar to a Junior College in the sense that they have some classes which can be transferred for credit at the University of Arkansas and Ouchita Baptist University. He said options have been discussed for long-term plans but there is nothing definite planned. Barbara Crook asked if this use would fall under Use Unit Four, Cultural and Recreational Facilities, which includes church, college, universities, etc. Bobbie Jones said she feels this is a change of use from Calvary Baptist Church and needs approval by the Planning Commission. She said. she overheard UBC's radio program recently in which they mentioned the hopes of establishing the Institute as a Junior College which, in her mind, is a 2 -year college from which you can transfer credits to another college or university, and which involves more courses than just Theology. t2 • • • Planning Commission June 13, 1983 . Page Seven Julie Nash asked how many years the Institute has operated as a school and Cupp stated it has been a school at least for the three years he has been there, and said they just became aware of the requirements. Barbara Crook said at some time in the past there was a house located on the west portion of the 1.17 acres (Tract B) for which the church is requesting the conditional use approval. She wondered if the previous conditional use which was granted for a church included that house and if the Planning Commission ought to consider only the property upon which the Institute is located (and its parking lot), so that any future expansion to the west would have to come before the Commission for approval. Danny Wright said the property was acquired in one parcel and there was an old house which was torn down immediately. Barbara Crook moved to approve a conditional use (under Use MOTION Unit 4) for the east 129.75 feet of Tract B, including the Institute building as is, and parking lot. The motion was seconded by Ernest Jacks. Danny Wright asked if this approval erased any prior conditional use approval for church activities on the west portion of Tract B. Barbara Crook said she thought when the conditional use approval for a church was granted, the house on the west portion of Tract B was still being used as a residence, and thus there would have been no approval of church use for the property on which the house was located. Robert Cupp said some of that west portion was used for unmarked church parking and the house was used for educational purposes. Crook said the intent of her motion is to not allow a school to expand into the 115.5 feet on the west side of Tract B. The motion failed, 4-2, with Melanie Stockdell and Julie Nash voting "nay", and with Cullers, Gitelman and Williams absent. The Chairman explained the motion failed for lack of five affirmative votes. #2. Conditional Use for Wee -Care Christian School located at the northeast corner of Vandeventer Avenue and Lafayette Street and zoned R-3, High Density Residential District. Wright explained this school operates Monday through Friday and consists of classes for 3, 4 and 5 -year old children during the regular school year only. He said the building has an excess in the number of parking spaces required. He said the playground area is adequate. Bobbie Jones said the requirement is for 250 square feet of land area per child and 80 square feet of outdoor play space per child. Wright said UBC owns all property within 100 feet of the building in all directions, with the exception of the street west of the building. He said the top floor of the building on Tract E serves as the Wee Care School. Don Hunnicutt moved approval of the request. The motion was seconded MOTION by Barbara Crook. Hunnicutt said this falls under Use Unit Four, which includes nursery schools. 73 • • • Planning Commission June 13, 1983 Page Eight Melanie Stockdell asked if the entire square footage of Tract E was being used to fulfill the play area requirements. Danny Wright said they only used the fenced play area to calculate square footage, which is over 5600 square feet. He said Bobbie Jones allowed them to use the entire lot area to satisfy their setback requirements. The motion passed, 5-1, with Melanie Stockdell voting "nay" and with Cullers, Gitelman and Williams absent. #4. Conditional Use for "Second Season Store" operated by the church and single family residence for missionary families at 319 W. Lafayette Street (zoned R-0, Residential -Office District). Wright said the conditional use request is only for the house located on Tract F. He said the upper floor is used as a missionary residence and the bottom floor is currently used as a store for used items of clothing which are sold for a nominal fee. Barbara Crook asked Bobbie Jones which Use Unit the store would fall under, other than Unit 12, which would have been a permitted use. Bobbie Jones said she has difficulty fitting this use under Unit 12 and Crook agreed. Bobbie Jones said she had told the church the Commission could definitely handle their request if it were on a donation basis. She said the church explained they charge the nominal fees because otherwise persons do not appreciate the clothes and have a tendency to throw them away. Robert Cupp said that, since they made a change from donating clothing to charging a nominal fee, they have not had the problem of persons throwing the clothing out in the yard if they did not want it. He said the funds collected were being used to clean and repair the clothing. Jones said, where a use is not specifically listed in the Ordinance, it is up to the Planning Administrator to decide under which Use Unit it fits. She said she thinks of the store as a church -related use but only with Planning Commission approval. In further discussion, it was noted the Salvation Army and The Attic operate used clothing stores but in commercial or R-0 zones. Don Hunnicutt recommended this question also be called to the attention of the Update Committee. Barbara Crook noted there is a sign publicly advertising the store and asked what it is intended to do. Cupp said it is only meant to help people find the Store location. Crook said she thought the sign was designed more to pull the general public in than as a directional sign, and she said the zoning ordinance normally doesn't allow a sign such as this in a residential setting. She said she thought it should be on the building rather than free-standing. Danny Wright said they would have no problem changing the sign. Bobbie Jones said a free-standing sign does not comply with the sign ordinance. It was stated conditional use approval would have to include compliance with the sign ordinance. Barbara Crook moved approval of a conditional use under Use Unit 4 MOTION for the property at 319 W. Lafayette, as requested, including the residence upstairs. The motion was seconded by Melanie Stockdell and passed, 6-0, with Cullers, Gitelman and Williams absent. 7$ • • • Planning Commission June 13, 1983 Page Nine Danny Wright asked the Commission what the objection Institute Of was to the Institute of Theology. Melanie Stockdell Theology said, since there was no accreditation as a school, in her mind, it falls under the status of a church. Newton Hailey asked if the Institute was accredited and Cupp said they have added a consultant to their staff who was formerly the Executive Director of the American Association of Bible Colleges, and he said it would take a certain number of years for the school to gain accreditation. Bobbie Jones suggested placing the request on the next agenda, to see if more Commissioners would be present. Barbara Crook stated she thought the University had programs which are not accredited, and Stockdell and Nash pointed out that, in those cases, the programs were under the University of Arkansas, which is accredited. Cupp stated he thought accreditation is more of a recent phenomena and suggested that most seminaries and bible colleges must go through a period of time in their development during which they achieve certain standards, go to a candidate status and then gain accreditation. Barbara Crook asked if the conditional use approval given for a church would "go with the property" and Hailey said normally it does not. It was stated that all Institute courses were church -related. Stockdell said when Item #1 was first introduced, it was stated the Institute was an accredited school and there is no such accreditation. Hailey asked Bobbie Jones to meet with Mr. Wright or others from UBC and give the Commission a more in-depth analysis of possible options at the next meeting. Jones said, if the Commission was agreeable, she would put the request on the next agenda. Don Hunnicutt moved the request be placed on the next agenda. MOTION The motion was seconded by Barbara Crook. Danny Wright said he initially approached the Planning Administrator with the idea that the Institute is an educational function of the church, although they are legally two different entities. He said also he fails to see the distinction between approving the Wee Care School and notnapproving the Institute. He said on one hand, you must be accredited to be a school but on the other, you cannot be accredited until you are in existence for a certain period of time. There was further discussion as to whether the Institute is operating under the definition of a "church" or as a "school". Danny Wright stated the Institute has been in existence for at least five or six years and Stockdell said she thought it inappropriate that they have just now requested approval. Bobbie Jones said there was a case where the Commission denied approval to a church which had already been operating a school, that the case went to court and the City was upheld. The motion to place the request on the next agenda failed, voting "nay" and Julie Nash abstaining (Cullers, Gitelman Nash stated for the record that she respectfully protests you don't get the vote you want the first time, you place agenda. 4-1-1, with Stockdell and Williams absent). the fact that, when the item back on the 75 • • • Planning Commission June 13, 1983 Page Ten Hailey suggested the petitioners meet with the City Manager or the Planning Administrator in the hopes of working something out. With no further business, the meeting adjourned at 6:45 P.M. 76