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HomeMy WebLinkAbout1983-07-11 Minutes• i MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P.M. on Monday, July 11, 1983 in Room 107 of the Continuing Education Center, Fayetteville, Arkansas. MEMBERS PRESENT: Barbara Crook, Windell Cullers, Newton Hailey, Jr., Don Hunnicutt, Ernest Jacks, Julie Nash, Melanie Stockdell, David Williams MEMBERS ABSENT: Morton Gitelman OTHERS PRESENT: Terry Lee Beach, Roger Phillips, Danny Wright, Daniel McCormick, Larry Wood, Bobbie Jones, Suzanne Kennedy, members of the press, and others The meeting was called to order at 5:00 P.M. by Chairman Newton Hailey, Jr. With no additions or corrections, the Minutes of the MINUTES June 27, 1983 meeting were approved as mailed. The second item of business was to hear Rezoning Petition R83-10, submitted by Terry Lee Beach and Roger Phillips to rezone 2.8 acres north of Highway 16 West and east of County Road REZONING PETITION R83-10 LOT 1, POND ADDITION HIGHWAY 16 WEST BEACH $ PHILLIPS 877 from A-1, Agricultural District to R-1, Low Density Residential District. Terry Lee Beach and Roger Phillips were present. Chairman Hailey stated agenda items 3 and 4 are related to this rezoning and approval of those items can only be given subject to approval of the rezoning. Larry Wood, Planning Consultant, summarized his Planning Report, stating he recommends rezoning to R-1 for the following reasons: 1. Residential use of the property is compatible with the General Plan which calls for medium density residential use, as amended by the Board of Directors in April, 1983. 2. The lot is large enough to receive a septic tank and apparently has already been approved by the Health Department since the land has been subdivided. (There is already a house on the southern portion of the lot.) 3. Construction of a house on the property does not alter the intent of the General Plan, since the Commission probably would still consider medium density residential in the area. Wood stated the applicant should be aware there may be a possibility of multi- family construction adjacent to his property in the future. Newton Hailey asked Wood if the sewage studies now being undertaken in the area have any bearing on his recommendation. Wood said he did not think a single- family dwelling would make a difference. • • Planning Commission July 11, 1983 Page Two The Chairman opened the public hearing. Mr. Beach explained his father-in-law, Roger Phillips, now owns Lot 1 and his intention is only to build a single family dwelling. He said the County Health Department has approved a septic system for the new house, which will be several hundred feet from his father-in-law's house and on the north portion of the .lot. With no one present to speak' in opposition, the public hearing was closed. It was moved by Ernest Jacks, seconded by Windell Cullers, to approve rezoning petition R83-10, to rezone Lot 1 of Pond Addition from A-1 to R-1. Hailey explained the Commission's recommendation will go before the Board of Directors on July 19, 1983. The motion passed, 8-0, with Morton Gitelman absent. The third item on the agenda was a request for a variance from the lot size requirement applicable to a lot split submitted by Terry Beach for property north of Highway 16 West and east of County Road 877, presently zoned A-1 and recommended for rezoning to R-1, Low Density Residential District. Mr. Beach was present. VARIANCE FROM LOT SIZE FOR A LOT SPLIT LOT 1, POND ADDITION HIGHWAY 16 WEST TERRY BEACH Bobbie Jones explained this request must go before the Board of Directors because the front portion of the lot is less than 11 acres and is on a septic tank. She said the lot split cannot be approved unless the rezoning and item four are both approved. Item four was a conditional use request submitted by Terry Beach for a tandem lot north of Highway 16 West and east of County Road 877, zoned A-1, and recommended for rezoning to R-1, Low Density Residential District. Mr. Beach.was present. CONDITIONAL USE FOR A TANDEM LOT LOT 1, POND ADDITION HIGHWAY 16 WEST TERRY BEACH Windell Cullers moved approval of the conditional use request for lot, predicated on obtaining the rezoning to R-1. a tandem Ernest Jacks asked why a tandem lot was needed and Bobbie Jones explained the rear portion of the lot on which Mr. Beach wishes to build has no street frontage, but would have access from the remaining .72 acres being kept by Roger Phillips. Barbara Crook asked Mr. Beach if he would comply with the street standards of a minimum thirty foot distance between curb cuts, and he stated there would be 114 feet between their driveways. Windell Cullers restated his motion to say he moves approval of the conditional use request for a tandem lot and the variance for the lot size requirement for a lot split (predicated on obtaining the rezoning to R-1 and the variance from the lot size requirement for a lot split from the Board of Directors). The motion was seconded by Ernest Jacks and passed, 8-0, with Morton Gitelman absent. g4 Planning Commission July 11, 1983 Page Three The fifth item of business was a conditional use request submitted by Johnie Bassett for a plumbing, heating and air conditioning business at 618 North College Avenue, zoned C-2, Thoroughfare Commercial District. Mr. Bassett was not present. Chairman Hailey explained this property is located behind the Y'All Come Back Saloon and in the same building with the Emergency Medical Service. He said other requests similar to this have been addressed by the. Commission on North College Avenue and on Happy Hollow Road. CONDITIONAL USE PLUMBING, HEATING P, AIR CONDITIONING 618 NORTH._COLLEGE AVENUE JOHNIE BASSETT Ernest Jacks said he saw no problem other than a traffic concern, stating he wished the egress from the building could be from the back, onto Rebecca. Don Hunnicutt pointed out the zoning line between C-2 and R-0 falls somewhere in the middle of the building and Bobbie Jones explained the west 200 feet of the property is zoned C-2, the east 100 feet is zoned R-0. David Williams asked how the business would impact the residential area behind the building. Bobbie Jones said the property immediately behind (to the East) is not developed on this side of Rebecca. Don Hunnicutt moved approval, seconded by Melanie Stockdell. There were no objections stated from any one present. Barbara Crook suggested that often plumbing shops have much storage outside the building. She said she understands that this is not the case, so far, but if that happened, it could be detrimental to the residential area behind it. She suggested placing a condition on approval, that no storage of supplies would be permitted outside of the building proper. Don Hunnicutt agreed to amend his motion to say he moves approval of the conditional use, with no outside storage allowed. Melanie Stockdell seconded the amended motion and it passed, 8-0, with Gitelman absent. The sixth item on the agenda was a request for a rehearing on the conditional use request submitted by Attorney Danny Wright for University Baptist Church for the Arkansas Institute of Theology at SOS present. REQUEST FOR REHEARING ON CONDITIONAL USE ARKANSAS INSTITUTE OF THEOLOGY UNIVERSITY BAPTIST CHURCH West Maple Street. Mr. Wright was Chairman Hailey said, because of the confusion over Planning Commission Bylaws at the June 27th meeting, the City Attorney has advised this matter should be placed back on the agenda Hailey said, in the interim, Planning Administrator Bobbie Jones has researched Minutes of past meetings and cannot find any record of the Commission having adopted the November, 1977 Bylaws (which require that a majority of the entire Planning Commission vote for a rehearing). Hailey 97 Planning Commission July 11, 1983 Page Four said, because of this, the Commission'.has "gone back" to the February, 1977 Bylaws which indicated that a majority of those present can vote for a rehearing. He said the 3-1-1 vote at the last meeting has allowed a rehearing to take place, and he asked the commissioners if they would like to hold the rehearing tonight or to schedule it for a later date. Ernest Jacks expressed some dismay over the discounting of the November 1977 Bylaws, stating he understood these were the latest Bylaws, that his copy reads "...revised and adopted on November 14, 1977, signed Keith Newhouse, Secretary, and signed John Power, Chairman....", that now it is being said the Commission somehow never passed this set of Bylaws. He said he thought some Bylaws changes have been made by the Board of Directors. Bobbie Jones said the Minutes do not indicate any action being taken on Bylaws at that November 14, 1977 meeting. She said the Board of Directors can amend the Zoning Ordinance without Planning Commission approval but not the Planning Commission Bylaws. Julie Nash said, in light of the confusion on the part of the Planning Commission, the Church, and other citizens, she thinks the best thing the Planning Commission can do, in carrying out its public trust, is to have a public hearing. She said also she had received phone calls from citizens asking why UBC was receiving preferential treatment by being allowed a rehearing. Nash moved that the Commission waive Article IX, Section 6(d) (which requires a 12 -month waiting period 'on a rehearing) and hold a public hearing. The motion was seconded by Melanie Stockdell. Julie Nash said she had read there must be advertising for 15 days and the building inspector must inspect within 15 days, so that the first possible meeting date would be August 8th. Chairman Hailey said, since the Commission has agreed to have a rehearing, technically a waiver is not necessary. Julie Nash amended her motion to say she moves to hold a public hearing on the rehearing. David Williams, who said he was not present at the last hearing, asked if there were many people present at that time who were pro and con, and would the public hearing allow the Commission to rehear these comments. Melanie Stockdell said supposedly a public hearing allows the airing of all sides of an issue so that all are fairly and justly represented, and she thinks there is ample need for that in this case. Julie Nash said she thought the public hearing would allow those who called her to express their views to the entire Commission and also, by that time, she hoped the question of which bylaws are legal will be cleared up. Don Hunnicutt said he did not remember any direct opposition from many citizens who were present at the last hearing and did not know whether it is necessary to have a public hearing. Newton Hailey said, legally, notification of property owners and the printing of the agenda in the newspaper is all that is required, that any additional notification is up to the Commission to stipulate. Hunnicutt said he did not think we could ask the owner to pay again for posting a notice in the newspaper and Bobbie Jones explained the last hearing had not been an advertised public hearing, although the meeting was open to the public. Julie Nash said the intent of her motion was that the hearing be advertised exactly as for rezonings, but for a conditional use. se A Planning Commission July 11, 1983 Page Five Danny Wright said, in light of the fact that eight commissioners are present, he had hoped for a rehearing tonight, or as soon as possible. He said he did not recall any opposition from the public at the first hearing, but the Church has no objection to the public having some input. David Williams said he lives three doors away from the Institute, that no one had called him, but he thinks if people want to talk about the issue, the better it will be for the community. Newton Hailey said the Commission is now operating under the February 28, 1977 Bylaws. Bobbie Jones said there has been am amendment regarding abstentions which was adopted in 1978, for which she did find documentation. She said, although she could not find a record of the adoption of the November 14, 1977 Bylaws, she did find much discussion about the need to amend the Bylaws. Ernest Jacks asked again if the typed notation on the November, 1977 Bylaws, "...signed, John Power..." did not mean it could have been signed. Bobbie Jones said she thought it had only been typed, not signed. Don Hunnicutt said he did not think the whole City should be able to express themselves on this issue, only property owners in the neighborhood who would be affected by the conditional use. Melanie Stockdell said she thought the Commission was obligated to open the hearing to the public. Hunnicutt contended the public had had an opportunity to speak at the first hearing, and Julie Nash pointed out that hearing had not been advertised. Windell Cullers said he thought anyone present at a meeting should be able to express their views. He also said he personally thought, regarding conditional use requests, the Planning Office should notify adjacent property owners. David Williams said he felt confused on this issue, either because he was not present at the first hearing or because he did not spend enough time getting clear on what did happen. He said, to cover all bases, the Commission should make doubly sure to notify any persons who might be affected. After further discussion on when all Planning Commission members could be present for a rehearing, Julie Nash amended her motion to hold the rehearing on August 22nd. The amended motion was seconded by Melanie Stockdell. When it was determined Mr. Wright could not be present on that date, Julie Nash amended her motion to hold the rehearing on September 12th. The amended motion was seconded by Melanie Stockdell and passed, 8-0, with Gitelman absent. Danny Wright asked about UBC's responsibilitiesonnotification and the Chairman said Bobbie Jones would take care of notification. The last item on the agenda was a CONDITIONAL USE FOR A TRIPLEX conditional use request submitted 301 W. SPRING STREET by Daniel McCormick to convert a DANIEL McCORMICK duplex to a triplex at 301 W. Spring Street, zoned R-0, Residential -Office District. Mr. McCormick was present. Chairman Hailey pointed out Mr. McCormick may have a problem with the parking requirements but that he would go before the Board of Adjustment on that question. SQ Planning Commission July 11, 1983 Page Six Mr. McCormick added, although the zoning is R-0, there are numerous multi- family apartments adjacent to his property, so that he did not think his plans would change the face of the neighborhood. With no questions from the commissioners, Ernest Jacks moved approval. Windell Cullers seconded the motion and it passed, 8-0, with Gitelman absent. Under Other Business, Chairman Hailey OTHER BUSINESS appointed a committee to study the Planning Commission Bylaws to determine under which Bylaws the Planning Commission COMMITTEE ON BYLAWS should be operating, with Barbara Crook, Melanie Stockdell and Ernest Jacks to join Hailey on that committee. The committee members agreed to have their first meeting at 4:00 on August 1st. Hailey added that Arkansas statutes still require five votes to rezone property or grant conditional uses. Bobbie Jones said excerpts from Minutes which were given to committee members today refer either to a change in Bylaws or a change in an ordinance or the minimum number of votes required. • With no further business, the meeting adjourned at about 5:40 P.M. • 90