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HomeMy WebLinkAbout1985-11-12 MinutesMINUTES OF THE MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, November 12, 1985 at 5:00 P.M. in the Board of Directors Room in the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Melanie Stockdell, Ernie Jacks, Sue Madison, Fred Hanna, Joe Tarvin, B. J. Dow and Stan Green MEMBERS ABSENT: OTHERS PRESENT: Newton Hailey Jr. Planning Consultant Larry Wood, Carolyn Schisler, Planning Director Sandra Carlisle, Codes Technician Bobbie Jones, Paula Brandeis, members of the press and others The meeting was called to order by Vice -Chair Stockdell and the minutes of the October 28th meeting were considered. MINUTES The following correction was noted by Commissioner Green: Page 5, last paragraph should be "...did not think the planned..." The following additions and corrections were entered by Commissioner Stockdell: Item three, which was tabled, should be identified as a request for approval of the large scale development of a mobile home park; Page 4, motion should indicate that Stockdell, Madison, Dow and Jacks voted affirmatively; Page 9, last paragraph should read "...and covenants are not legally binding documents..." There being no further additions or corrections, the minutes were approved as corrected. PUBLIC HEARING - CONSIDERATION OF CASH BOND DANDY OIL - 210' OF SIDEWALK ON TOWNSHIP RD The second item on the agenda was a Public Hearing to consider a $910 cash bond posted by Dandy Oil Co. in 1980 for a sidewalk along 210" of frontage on Township Road. It was noted that, under App.C, Art.III, Section A(4)(B), the posted bond was to have been used by April 18, 1985 or this Commission must determine the disposition of the money at a Public Hearing. 4/7 Planning Commission November 13, 1985 Page 2 The choices available were to: (1) Determine that the improvement is still needed and continue to hold the money for a period of time to be specified by the Commission; (2) Determine the improvement is not necessary, and (a) Refund the money with interest; or (b) With the written consent of the owners, direct. that the money be utilized for a different purpose which will specifically benefit the neighborhood. Jacks clarified that the State Highway Department plans to widen this street which has, thus far, made it impractical to install the sidewalk. Jones noted that plans for widening have been discussed but have not been included in the current priority list. She also noted that the City holds other sidewalk Bills of Assurance in the same area. Hanna suggested refunding the money which has been posted and to accept a Bill of Assurance in lieu of the cash bond. Stockdell opened the Public Hearing and, receiving no response from the audience, returned discussion to the Commission. NOTION Jacks moved to return the funds posted by Dandy Oil contingent upon that company executing a sidewalk Bill of Assurance. Hanna seconded and the motion passed 7-0-0. Planning Director, Carlisle, noted that it has been requested the secretary call roll for each motion on the floor. REQUEST FOR RE -HEARING RE -ZONING PETITION R85-29 HENRY HICKMAN - W. OLD FARMINGTON ROAD & BY-PASS The third item on the agenda was a request, submitted by Carolyn Schisler on behalf of Henry Hickman, to re -hear re -zoning petition R85-29 which failed to pass by an even vote at the meeting of October 28, 1985. Stockdell advised that Commission by-laws state a petition may be re -heard if there has been a factual error, omission or oversight in the first consideration, either on the part of the petitioner or the Commission. Jacks asked what constituted factual error, omission or oversight in this case. Schisler replied that this was the first time she has petitioned for a re -zoning and she neglected to leave her mailing address, although she had indicated the mailing address of Mr. Hickman, her client. Because of this oversight, she said she did not receive the planning report. c,9 tele • • • Planning Commission November 13, 1985 Page 3 MOTION Jacks said he saw no errors, omissions or oversights and moved to deny the re -hearing. Madison seconded followed by discussion. Dow agreed with Jacks and Green asked for further information regarding Schisler not receiving the planning report. He said he would be willing to re -hear the petition on this basis as he felt it constituted a legitimate error or oversight. Jacks said the information contained in this evening's packet did not tell him anything additional regarding this petition. Green pointed out that there was a traffic count included this time, as well as other additional information and he advised that he would vote against the motion for this reason. Madison said all the issues in the petition for re -hearing were discussed at the first hearing. Upon roll call, the motion failed to pass, 4-3-0 with Jacks, Madison and Dow voting in favor of, Hanna Stockdell Tarvin and Green against. MOTION Green moved to re -hear the petition at this time. Tarvin seconded and the resulting vote was Hanna, Stockdell, Tarvin and Green in favor of and Madison, Dow and Jacks against. Stockdell advised that the motion did not carry as five positive votes are required to approve the granting of a re -hearing. Green advised that Art.3, Sec.E(2) of the Planning Commission by-laws, states "A simple majority of those present (assuming a quorum) shall be needed to grant re -hearings..." Jones agreed that the by-laws contain conflicting statements as Art.3, Sec.I states: "A favorable vote by a majority of the whole number of members comprising the Planning Commission shall be required before any matter upon which decisive action has been taken may be reheard". Green pointed out that there would not be a re -hearing unless decisive action had been taken. He noted that no action had been taken on this particular case which had resulted in a tie vote. Stockdell advised that, according to Robert's Rules, the chairperson shall make a determination in the case of a discrepancy and she proceeded to rule that Sec. I of the by-laws would dominate and petition R85-29 would not be heard at this meeting. She advised that Schisler had prepared an appeal which she would present to the City Board. E-2 9 / Planning Commission November 13, 1985 Page 4 DISCUSSION ON DRAFT OF PROPOSED ORDINANCE AMENDMENT TO ALLOW "BED AND BREAKFAST" AS CONDITIONAL USE The fourth item on the agenda was a review of the first draft of a proposed amendment which would allow "Bed and Breakfast" concerns in all districts as a conditional use. Stockdell advised that a Public Hearing will be set for December 9th for further consideration of this proposal. Hanna, Chairman of the Bed and Breakfast Committee, noted a discrepancy in that the committee had stated there would be no parties or receptions allowed under this amendment, although it would allow tours of homes on the Historical Register. Stockdell expressed concern that the Planning Commission retain some method of control over Bed and Breakfast operations. She also suggested three year permits be granted after the initial first year if no complaints are received. Other Commissioners did not agree. Green suggested implementing restrictions similar to those found under "Home Occupations" as they are protective to the surrounding neighborhood. Jacks questioned the ratio of bathroom facilities and Hanna replied that five bedrooms to one bathroom are allowed in boarding houses. Tarvin questioned notification of property owners within 100' of the Bed and Breakfast location and Jacks suggested it be extended to 300'. Stockdell suggested a site plan be submitted in every case and that this be added as a condition apart from Sec.1, 25(b)(2). She also said she would like to see "temporary" inserted between "furnishing" and "lodging" in the definition listed under Sec. 2. Madison said she would like to see all complaints received by the Planning Office taken seriously, rather than only those received by neighbors. She also expressed concerns regarding parking situations around Bed and Breakfast houses. Hanna replied that he was more concerned about the possibility of front yards being torn up to provide required parking. Madison said she felt there was a conflict between the existing ordinance and the proposed amendment with regards to parking and requested an opinion from the City's Attorney. Jones noted that this situation may be viewed as an exception. Green expressed concern regarding validity of complaints which would force the Bed and Breakfast operator to return to the Planning Commission after the first year. He cited such things as burned biscuits, monetary disputes, and poor service as controls over which Commissioners should not be concerned as their purpose is not to regulate quality but to assure that the operation does not intrude upon other neighborhood residents. After much discussion, other Commissioners agreed with Green that only planning type complaints, such as traffic, noise, t! t O Planning Commission November 13, 1985 Page 5 congestion, etc., not quality control, should be addressed by this Commission. Green again recommended following the restrictions outlined under "Home Occupation" regulations. Jones read portions of the codes pertaining to "Home Occupations" noting references to hours of operation, health, safety, peace, tranquility and welfare of the neighborhood, traffic, ingress/egress, refuse, off-street parking, etc. MOTION Jacks made a motion to hold a Public Hearing on December 9th to discuss the proposed amendment to the ordinance. Tarvin seconded. The revisions in the draft requested by Commissioners are as follows: 1. No parties or receptions will be allowed. 2. "Valid" be added to "...complaints being received..." 3. Neighbors within 300' shall be notified. 4. Subsection 3 be created to read "A site plan drawing must be filed with the Planning Office before the Planning Commission meeting at which the conditional use application will be considered. 5. "Two weeks" be changed to "14 days" for maximum length of stay. 6. The word "temporary" be inserted between furnishing and lodging. Commissioners agreed that this conditional use shall be addressed under Use Unit 2. Upon roll call, the motion to hold a Public Hearing on the proposed ordinance amendment with revisions as stated above, passed 7-0-0. COMMITTEE REPORTS A. Landscape Committee: Chairman Green announced that his committee was scheduled to meet Wednesday, November 13th at 9 A.M. B. Subdivision and Street Committee: Spokesman Jacks advised that this committee has had two meetings and members were concentrating on a pattern for street designations and controls which will bring together functional requirements and structural requirements. He said this committee will meet again the week of November 18th. C. Committee for the Aged: Chairwoman Stockdell advised that committee members are in the process of gathering information. asp Planning Commission November 13, 1985 Page 6 COMMISSIONER BURGGRAF RESIGNS Reporter for the Northwest Arkansas Times, Phyllis Rice, inquired as to the reason for Stockdell's earlier reference to the Planning Commission consisting of only eight members at this time. Stockdell replied that, in accordance with the Commission's by-laws which state a member may not be absent for three consecutive meetings except in the case of illness or extraordinary circumstances, Commissioner Frank Burggraf (verbally) tendered his resignation prior to this evening's meeting. Commissioner Jacks noted that there are three positions, excluding the vacancy left by Burggraf, open on this Commission as of January, 1986. There being no further business, the meeting adjourned at 6:20 P.M.