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HomeMy WebLinkAbout1986-01-27 Minutes• • • MINUTES OF A MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, January 27, 1986 at 5:00 P.M. in the Board of Directors' Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Ernie Jacks, Fred Hanna, B.J. Dow', Frank Farrish, and "Butch" Robertson None Sue Madison, Stan Green, Julie Nash, Paul Skwiot Planning Consultant Larry Wood, Roger Staub, Mary Bassett, Ery Wimberly, Cooper Lee, Wanda Blevins, Biff Fouke, Charles Woolley, Codes Technician Bobbie Jones, Planning Director Sandra Carlisle, Paula Brandeis, members of the press and others The meeting was called to order by acting Chair, Ernie Jacks who extended a welcome to newest Commissioner, "Butch" Robertson and bid adieu to Mrs. Bobbie Jones who announced her resignation after sixteen years of service with the City's Planning Office. Jacks noted that her absence would leave quite a gap. MINUTES Commissioner Dow made a correction to the minutes of the January 13 meeting: Page 2, third paragraph "Nash noted the entrance onto Township from this property was not hazardous." This comment was entered by Commissioner Dow. The minutes were approved with this correction. CONDITIONAL USE REQUEST - CHURCH/SCHOOL IN R-1 1600 MISSION BLVD. - ROGER STAUB The second item on the agenda was a request to allow a church and and school as a Conditional Use in an R-1 District. The request was submitted by Roger Staub on behalf of the Fayetteville Christian Fellowship for property located at 1600 Mission Blvd. Mr. Staub explained that his organization is over two years old and has been using rented facilities for that period of time. He said the congregation has grown to over 250 and is seeking a church location that is central to both Springdale and Fayetteville. Staub said current plans are to construct a building to serve as a sanctuary, classrooms and offices which will be converted to an office complex in the future if the need arises for additional seating. He said although there are no immediate plans for a Christian School, he was advised through the Planning Office to request Conditional Use for same at this time. ±O • • Planning Commission January 27, 1986 Page 2 Nash reported a neighbor of the proposed church site is concerned that a mobile home will be temporarily used. Staub said there would not be a mobile home but the existing home will be remodeled to serve as a parsonage as it is a picturesque site. Farrish inquired into the request for Conditional Use as opposed to a re -zoning petition and Staub stated he was informed that this was the appropriate route to follow. Parrish noted that where a Conditional Use exists, the petitioner must return before the Commission if he wishes any changes in the situation. Staub said he was aware of this. Dow asked for more information regarding the Christian School and Staub replied there is a growing interest in Fayetteville to have a facility of this nature and that conversation with area pastors was coincidental to the purchase of the land. NOTION Hanna moved approval of the Conditional Use as requested. Nash seconded, followed by discussion. Madison said she would vote against the motion because of the possibility of a school being added. She expressed concern regarding the additional traffic in this area of Root Elementary School where severe traffic jams already occur. Dow agreed noting she would be in favor of approving the Conditional Use for the church alone. Technician Jones said this would be acceptable but Madison noted that it would be open to amendment in the future. Director Carlisle pointed out that it would require Commission approval. Hanna said he believed the reason this petitioner was requesting the use be applied to a school was because another church had encountered a problem of not including a school at the time their Conditional Use for a church was presented. He noted that this church is not planning on a school but that if or when they did, he thought they might stagger the beginning and ending time of the school so as not to interfere with Root School traffic. Hanna said he thought it was discriminatory to deny a Conditional Use for a Christian school because the congregation has a right to locate in an area from which their children may walk to and from school. He pointed out that the Commission has recently approved doubling the size of Washington Elementary and enlarge Jefferson Elementary when they also have traffic troubles. Madison did not think staggering the beginning and ending hours would eliminate the problem as the traffic would still encounter the children walking home from Root if the church school ended later. • Staub said agreed to any reasonable condition attached to reduce or eliminate the problem was within his desire. 1.2 • • Planning Commission January 27, 1986 Page 3 AMENDMENT Hanna amended his motion as follows: If a school is included in the Conditional Use, its' starting and dismissal hours would be either 30 minutes before or after Root School's beginning and dismissal times. Nash accepted the amendment and upon roll call, the motion to approve the Conditional Use as amended passed 8-1-0, Madison voting "nay". REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS MARY BASSETT - 3107 NORTH COLLEGE The third item on the agenda was a request for waiver of Subdivision Regulations (lot split) submitted by Mary Bassett for property located at 3107 N. College. The property is zoned C-2, Thoroughfare Commercial and the request is for the third split. Ery Wimberly, Northwest Engineers, spoke on behalf of the petitioner. He presented a survey he made several years ago noting that property owner, Frank Farrish, was granted 25' deeded access across King Pizza to subject property. Wimberly said he understands there is a mutual access agreement between all of the tracts involved with this property but there is no access through to the Fiesta Square Shopping Center. He further explained that the prospective owner, David Arthers, is aware of the restrictions and requirements associated with the property and would like to construct a 6,000 sq.ft. office and retail space. Wimberly stated that J. B. Hays owns the 25' access and will deed it to Arthers so the property will have frontage on a public street which is a formality to insure ingress/egress to the proposed split. Dow asked if that would make the property a tandum lot. Jones noted there is no minimum street frontage required for a commercial property. In response to Madison's question, Wimberly explained the previous lot splits for this tract: Motel 6 bought a portion of the property from Commonwealth Theatre in 1973 or 1974 which represented the first split; Fiesta Square purchased the remainder of the Commonwealth property; Brown's Little Jug purchased a portion of the property representing the second split; and, J. B. Hays purchased that property and requests the present proposed split which will be the third. Madison asked if McNaughton's Realty was involved in a lot split at this location. Dow said she would like to see the direction of the flow of traffic be clearly marked if this request is approved as there are problems with developments of this sort which have mutual access. MOTION Hanna moved approval of the request for waiver as requested which was seconded by Green and followed by discussion. • • • • Planning Commission January 27, 1986 Page 4 Skwiot advised he would vote against the motion as it appeared that the request was a case of expediency of the property owner and not necessarily an attempt to foster good planning and property development. Carlisle noted that this will represent the fourth split of this tract and approval may be presented only as a recommendation to the Board of Directors. She added that the property, including the access will be equal to at least one acre which will require large scale development processing. The question was called and upon roll call, the motion to recommend approval of a fourth lot split passed 6-1-2, Farrish and Robertson abstaining and Skwiot voting "nay' REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS ROBERT LEE, JR. - N. OF BAILEY RD & E. OF HWY. 265 The fourth item on the agenda was a request for waiver of subdivision regulations (lot split) submitted by Robert Lee, Jr. for property located north of Bailey Road and east of Highway 265. Property is zoned A-1, Agricultural and the request is for the third split. This item was approved administratively; Commission action not required. CONDITIONAL USE REQUEST AND APPROVAL OF LSD - PLANT NURSERY 4522 NORTH CROSSOVER ROAD - THOMAS C. LEE (COOPER) The fifth item on the agenda was a request submitted by Cooper Lee for Conditional Use to operate a plant nursery at 4522 N. Crossover; property zoned A-1. Lee submitted a large scale development plan addressed by the Subdivision Committee at a meeting on January 23rd. Jacks advised the large scale development plan was approved subject to 1. dedication of 5' on Zion Road; 2. execution of a Bill of Assurance for a 5' sidewalk along Hwy.265; and, 3. granting of Conditional Use by the Planning Commission. Jacks noted that Lee has stated there are no long range plans for the eastern portion of the 1,320' deep property. Lee added that he hopes to open in mid-April. Skwiot asked if bulk organic fertilizers will be stored and Lee replied that the only bulk item planned on is top soil as he felt storing bulk fertilizer was dangerous. He added that he plans a privacy fence around a designated area for bulk materials. Technician Jones noted that Randall Webb from "Plants Plus" had visited the Planning Office speaking highly of Mr. Lee and expressing hope the Commission would approve of Lee's request. Webb had stated that Fayetteville could benefit from someone of Lee's caliber in this business. • • • Planning Commission January 27, 1986 Page 5 MOTION Dow, seconded by Madison, moved to approve the Conditional Use request. Upon roll call, the motion passed 9-0-0. CONTINUATION OF PUBLIC HEARING - BED AND BREAKFAST INNS The sixth item on the agenda was the continuation of a Public Hearing on a proposed ordinance to regulate Bed and Breakfast Inns. Jacks noted that the committee addressing this issue has been chaired by Fred Hanna and a proposal had been drafted by City Attorney McCord. Jacks recognized Wanda Blevins who stated she was very much in favor of the proposed ordinance. Blevins expressed her support in full as recorded in the minutes of the meeting of January 13, 1986. There being no others present to speak either for or against this proposal, Jacks turned discussion among Commissioners Green noted several changes to the proposal had been discussed at the Commission's meeting of December 9, 1985 but that no action was taken. He said it was suggested that the requirement of a structure meeting the Southern Building Code be struck and other changes which tie the proposal to Home Occupation regulations be added. Green noted another suggestion inserting the word "owner" to "...occupied building..." Jacks listed Home Occupation regulations which address ingress/egress; parking; noise; glare; stability; screening, signs; yards; open space; and general compatibility. He added that striking the requirement of meeting the building code concerned him. Green advised that the structure must still be inspected by the Fire and Building Inspectors to insure compliance with Arkansas State Fire Code and that a requirement to meet the Southern Housing Code has thus far been retained in the proposal. Jacks said the Housing Code deals with light, ventilation, etc. Green said he sees a problem in that older homes will be used for this purpose and, while they do not meet the current building code, are still perfectly safe for this use. Madison expressed concerns regarding items covered by the Housing Code such as spacing between rails on stairways which a small child might fall through. Blevins advised that most Bed & Breakfast Inns do not cater to children or animals and, although safety precautions must be taken, rules and regulations should not tie things up so as to force an owner to change the decor or traditional surroundings of their home in order to comply. Jacks asked if the older homes on East street were considered from the standpoint of the building and housing codes. Jones replied that it was not certain as to the existing wire and plumbing in the homes • • • Planning Commission January 27, 1986 Page 6 but that all additions were required to meet code. She said the buildings in question are in the first fire zone which allows wood construction for residential use only. Mike Green, an electrical engineer, responded to Jacks' next question by noting that the Fire Code contains a section regarding wiring but the National Electric Code tends to handle that through NFPA codes. Farrish agreed the Southern Building Code is too restrictive for existing older homes as some techniques were used long ago are not acceptable today. He suggested the safety issue be addressed without using the Southern Building Code. Skwiot said he thought innkeepers would wish to do whatever they could to insure the safety of their building to avoid prohibitive raises on their insurance policies possibly rendering the business impractical. Blevins suggested an owner be notified by an inspector of questionable situations in the Bed and Breakfast Inns and be given an opportunity to submit proof of safety. Jacks asked the process involved with child care in the home as a comparison and Jones replied that she thought the Fire Inspector and Health Department look for obvious hazards. Carlisle advised that the Housing Code addresses such things as the size of windows, ratio of bedrooms to baths and kitchen facilities. Hanna said he wasn't sure someone could tell from that inspection whether or not the building met the building code but felt the Housing Code should be retained in the proposal. Skwiot suggested an association of Bed and Breakfast Inn owners that would be self -policing. Blevins commented that such a group exists in Eureka Springs. Farrish suggested drafting a an inspection check -list of safety items to be included as part of the ordinance so as to eliminate the Southern Building Code and Housing Code. Carlisle recited the check -list supplied by the Fire Department and Hanna suggested adding to that list covering other items of concern. MOTION Hanna made a motion to recommend the approval of the proposed Bed and Breakfast Ordinance with the following amendments: 1. Section 2.(h) Delete Southern Standard Building Code and Southern Standard Housing Code and insert "to assure compliance with the Arkansas State Fire Code and to assure that no significant safety • • • Planning Commission January 27, 1986 Page 7 hazard exists. No Conditional Use permit shall be issued for a bed and breakfast facility if the building does not pass the inspection". 2. Section 2.(a) Delete "..valid.." and insert "If no complaints regarding those items required to be considered by the Planning Commission prior to the issuance of a Conditional Use permit as described in Art.9, Sec.6(c), App.A are received..." 3. Section 2.(b) Change 300' to 500'. 4. Section 3. Insert "owner" between "permanently" and "occupied". Dow seconded and, upon roll call, the motion passed unanimously. LANDSCAPE COMMITTEE; DISCUSSION The seventh item on the agenda was a discussion led by the Landscape Committee regarding a proposal to draft a landscape ordinance. Green, Chairman of that committee stated that there have been three meetings resulting in mixed feelings on the desirabilty of creating a landscape ordinance He said the committee had considered drafting an "incentive" type ordinance as opposed to an additional requirement to be imposed on developers but were unable to reach a conclusion on how to accomplish that task. Green noted that the committee decided to ask the Planning Commission to solicit comments from interested individuals. Biff Fouke, Division Manager of SWEPCO, stated that he was neither for or against the concept of a landscape ordinance but did wish to address some concerns regarding same. Fouke cited background regarding serving the community with electric power and explained that the ability of the facilities to handle the capacity of the City is very important. He added that, in checking SWEPCO's records, he found that franchise tax from the utility has been a source of income for the City in the amount $447,475 in 1985. Fouke pointed out that SWEPCO's concern for trees is represented in their building at the intersection of Dickson and N. College. He noted that a Maple tree which recently died was replaced with as large a transplant as could be found. Fouke stated that the ordinance does not make a provision for the removal of trees which are on easement (public) property and asked that it be addressed with SWEPCO's input. He advised that trees in utility easements can grow up and interfere with overhead lines or expand their roots and interfere with underground lines. He said there are national codes as well as SWEPCO's own codes which govern the clearance of limbs from electric lines and proceeded to cite the case of a child hurt by accidently touching a power line while on a limb of a tree. He continued by stating that SWEPCO is in a position where they cannot • • • Planning Commission January 27, 1986 Page 8 afford to compromise as it would mean assuming liability in tremendous proportion. Fouke said he thought the necessity of keeping rights-of-way clear would be clear to everyone. He expressed concern over an ordinance which would encourage the placement of trees adjacent to said rights-of- way. He noted that representatives Bob Waldren and Floyd Hornaday were present to answer any questions relating to construction or design. Commissioner Dow asked the consequences of underground utilities and Fouke replied that certain voltages can be handled very well but requested that no trees be planted in rights-of-way for utilities. Charles Woolley, Better Homes and Gardens Realty, spoke on behalf of the Fayetteville Board of Realtors. He stated that, although, the Board is in favor of landscaping, they feel the proposed ordinance is totally unnecessary and very restrictive. He pointed out that realtors "sell" Fayetteville and are concerned with the appearance of the City. Woolley said the Board favored an incentive program and wished to go on record as opposing the draft as it is now written. In answer to Dow's request for specifics, Woolley replied that it could not be mandated. He commended the Downtown Fayetteville group on the appearance of the square. In reply to Madison's question, Woolley noted that all members in attendance of the last Board of Realtors' meeting voted against the proposal. Madison clarified with Woolley that the Board of Realtors were not opposed to the landscaping concept but would like the issue approached from a different standpoint. Former City Board member, Frank Sharp, supported Fouke and SWEPCO in their expressed concern regarding the preservation of trees. He also advised that he had served on the landscape committee several years ago and could see a spin-off regarding landscaping being addressed in municipal facilities. As an example, he explained that there is money in reserve to plant trees along either side of Joyce Street which the City participated in the cost of. Sharp said it was not radical for a City to have a landscape ordinance as supported by infor- mation received from other towns in Arkansas. He applauded the concept of taking action at this time and supported mandatory regulations. He said work on the ordinance should the Chamber of Commerce, builders, realtors and the Committee, as well as paid knowledgeable staff. Dale Christy, Chamber of Commerce, noted he has been quoted as being opposed to a landscape ordinance and clarified that the Chamber has not taken a position at this point but will take one on the final draft in which the Chamber would like to be involved. Christy expressed concern regarding the creation of a specific ordinance for a specific problem seemingly without direction as to its administration. He noted the Commission has remarked that funds are not available to administer another ordinance. He added that a landscape ordinance should be included in the overall planning checklist as a comprehensive routine. Christy said he felt reservation in singling out commercial and industrial projects for compliance with a mandatory ordinance Planning Commission January 27, 1986 Page 9 while ignoring residential subdivisions as he felt a landscape ordinance was important across the entire spectrum of the community and not just one area. He stated the ordinance as proposed at this time would be very devastating in the development of Industrial Park and if he thought it would be inacted as proposed, he would probably bulldoze all the trees in the Park. Christy said most developers who have built in the Park have tried to save as many trees as possible and landscape back upon completion of construction. Christy said he felt a reasonable approach was necessary to avoid making some sites impractical for development because of where utilities and streets may already be in place. He also expressed opposition to dictating what type of tree people may plant as he felt it should be left up to the discretion of the property owner . He pointed out discrepancies between the lists of landscape items which are acceptable for planting in this area as presented by different groups. Green asked if Christy were in favor of a landscape ordinance not necessarily the one which has been talked about. Christy replied he is generally not in favor of additional mandatory restrictions which are not necessary. In answer to Green's next question, Christy replied that he had previously expressed concern that Fayetteville is becoming a relatively high-cost place for businesses to locate and that attempts should be made to minimize additional costs within context in regard to overall regulations. He added that Fayetteville is already at the top end of development cost. Christy stated he dislikes seeing an ordinance drafted which puts restrictions on business and industry that is not placed on anyone else. Patti Reid, City Park Horticulturist, stated she thought the City needed something to protect the beauty of the City from those people who are not concerned and that was what the proposed ordinance was working towards. Cooper Lee, owner of Country Heritage Landscaping, said from dialogue heard this evening and from his own experience he agreed with Fouke regarding planting trees near electric lines. He also supported the suggestion of involving someone who knows what they are doing to assist with developing a landscape ordinance. Lee advised quality, not quantity, in landscaping. Commissioner Nash said, although many people have already been informed regarding the landscape proposal, she would like to see a public forum type discussion to receive further input from citizens. She expressed support for mandatory regulations on landscaping. Hanna requested such a public forum be held separately from the regular Commission business meeting. Green said he thought there would not be much more input as a great deal of advertising regarding this issue has already been done. He • • • Planning Commission January 27, 1986 Page 10 said the committee tried to structure things so as to hear everyone who wished to speak on landscaping. He said he felt continuation of the discussion would be a waste of Commissioners, as well as the City's, time in terms of advertising. Dow agreed the issue needed to be pursued further to find a reasonable manner in which to achieve what she felt was a mutual goal. She said she thought local developers had done much regarding landscaping but expressed concern for out-of-state developers. Green said he tried to approach this issue with an open mind but could not see that including landscaping in the code of ordinances would be anything other than mandatory additional requirements on the developer for which he did not see the need. Madison said that, although not everyone in Fayetteville could be polled, she thought there were many ordinary citizens who would like to see a protective landscape ordinance. She cited repeated negative response from neighbors adjacent to property being developed in terms of the destruction of the vegetation of said property. She supported pursuing the issue further. SWEPCO's Division Manager, Fouke, reiterated his concern that utility easement in relation to tree placement be taken into consideration and expressed his support in pursuing this issue further. Realtor Mary Bassett reiterated Woolley's statement that members attending the recent Board of Realtors' meeting unanimously opposed the draft of the landscape ordinance. She said she has sold over two million dollars worth of commercial property in 1985 and because of some of the restrictions placed on developers at this time, several major businesses have elected not to locate in Fayetteville. Bassett said she hoped this would not be "the straw that broke the camel's back". Commissioner Farrish said he thought a public hearing was premature and suggested the rough draft be cleaned up before public presentation. MOTION Nash moved to place the landscape discussion on the agenda for the meeting of February 24th and to ask the Landscape Committee to revise the proposal in the interim. Dow seconded and upon roll call, the motion passed 8-1-0, Green voting "nay". Green suggested nominating a new chairman for the committee. • • • Planning Commission January 27, 1986 Page 11 UPDATING THE GENERAL PLAN The eighth item on the agenda was a discussion regarding the updating of the Fayetteville General Plan. Planning Consultant, Larry Wood, noted that $50,000 has been appropriated to updating the General Plan. He advised that he was requested by Planning Director, Carlisle, to assist in developing a scopework for the update and he distributed the scopework used 20 years ago when the plan was originally adopted. He explained that the previous plan was fairly extensive, covering base mapping, subdivision ordinance, zoning ordinance, Master Street Plan, general plan, Community Facility Plan, traffic study of the downtown area, and total land use. Wood requested Commissioners give their general reaction regarding the scopework which will be discussed at the next meeting as a preliminary to a rough draft. APPOINTMENT OF MEMBER TO SUBDIVISION REGULATIONS COMMITTEE The ninth item on the agenda was the appointment of a new member to the Subdivision Regulations Committee. Chairman Jacks appointed Paul Skwiot to serve on said committee. OTHER BUSINESS Jacks noted the Code of Ethics forms to be signed by Commissioners. He also advised of a special Commission meeting called by Director Carlisle, to be held Thursday, January 30 for the purpose of discussion of general planning issues. Jacks advised that Commissioner Dow has requested Commissioners indicate their choice of officers of the Planning Commission for the coming year. Dow noted the Nominating Committee will meet February 4th to elect those officers. There being no further business, the meeting adjourned at 7:15 P.M.