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HomeMy WebLinkAbout1987-01-12 Minutes.4116 1• MINUTES OF A MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday January 12, 1987 in the Board of Directors Room of the City Administra- tion Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Ernie Jacks, Stan Green, Fred Hanna, Butch Robertson, Frank Farrish, Gerald Seiff, B.J. Dow, Julie Nash and Sue Madison None James Ralston, Thomas Lewis, Greg House, Roger Staub, Dave Jorgensen, Dr. Hayes, Sandra Carlisle, Tessi Franzmeier, members of the press and others REQUEST FOR OFF-SITE PARKING ARKANSAS BOOK STORE - 653 W. DICKSON The first item of consideration was the request for off-site parking submitted by Rick Mayes for property located at the corner of University Ave. and Williams Street. The property is zoned R-3, High Density Residential District. Rick Mayes was not present to represent his request. Jacks questioned why the Book store needed parking now, after all the years they had been in business. Carlisle stated Sterling Anders, owner of the Book store and the adjacent lot, wanted to eliminate other people and businesses from using the lot and use it for their customers and employees. Seiff asked where the Bar -B -Cue restaurant was located in reference to the Book store. Carlisle stated that was one of the Book store's problems in that the restaurant was using all of the available space for their customers. Jacks said he did not understand how any action taken by the Planning Commission would change the situation. Carlisle said off-site parking must be approved by the Planning Commission. MOTION Hanna moved to approve the off-site parking as requested for the lot owned by the Arkansas Book store. The motion was seconded by Nash and followed with further discussion. 1 Planning Commission January 12, 1987 Page 2 In answer to a question from Madison, Carlisle said the ordinance required the lot to be paved and striped. Madison stated she would hate to see the lot tied up forever in pavement. It was then decided Mr. Mayes could work that portion out with the Planning Office. The question was called and the motion to approved passed 9-0-0. PUBLIC HEARING - REZONING R86-21 JAMES & RHODA RALSTON - 6390 WEDINGTON DRIVE The second item on the agenda was consideration of rezoning petition R86-21 submitted by James & Rhoda Ralston, for property located at 6390 Wedington Drive. The request is to rezone the property containing one acre from A-1 (Agricultural) to C-2 (Thoroughfare Commercial District). Planning Consultant Wood recommended C-2 District for the following reasons: 1. The zoning is in agreement with the General Plan recommendation of commercial; 2. There is already a commercial use on the property and C-2 District will release the use from a nonconforming status; and 3. The intersection of Double Springs Rd. and Hwy 16 west is a logical location for future commercial development. Note: An agreement should be reached with the applicant so that they will participate in a sewer improvement district, if and when one is formed. Wood stated he was told that the Commission should ignore his note concerning the sewer improvement district. He said the City Attorney felt that such a note is a form of contract zoning which is not legal. Jacks stated the Commission had understood that legal provision all along and had reached the point where owners offered Bills of Assurance for such improvements. Jacks asked Mr. Ralston if he wished to add anything else to his petition for rezoning. Mr. Ralston had no comment. Jacks asked if there was anyone else to speak in favor of this petition. There being no other comments, Chairman Jacks asked if there was anyone to speak in opposition to the requested petition. There was no one to speak in opposition. Jacks closed the public hearing. Qt • • Planning Commission January 12, 1987 Page 3 MOTION Madison moved to recommend approval of rezoning from A-1 to C-2, and it was seconded by Robertson. The motion to recommend passed 9-0-0. Jacks asked Mr. Ralston if he planned to loin the sewer improvement District, if and when one was formed, and Mr. Ralston replied "yes". REQUEST FOR CONDITIONAL USE FOR ANTIQUE SHOP THOMAS H. LEWIS - 145 BAXTER LANE The third item on the agenda was a request submitted by Thomas H. Lewis for an antique shop located at 145 Baxter Lane. The property is zoned R-1, Low Density Residential District. Thomas Lewis stated they had received a temporary variance for their antique shop at 534 N. Willow and now were requesting a conditional use for a permanent location. He said the house on Baxter street was a rental they had owned for several years and it had just recently became vacant. He said they decided this would be a good time to move their antique shop to the Baxter Lane location. Seiff asked if the Lewis's were familiar with the residences on either side of the proposed location and Mr. Lewis stated they owned the house to the west of the house in question, but did not know who owned the house to the east. Seiff stated he had received a phone call from the owner (Peggy Schuler) of the home to the east. Madison clarified that the property across the street may belong to Washington Regional Medical Center, and that they may not have long term plans to park there. At present, it was a grassy field and WRMC was parking further to the north. Madison said she could not see that they were facing a parking lot in use and that bothered her. Mr. Lewis stated that whole area was designated as the Washington Regional Medical Center parking lot. Mr. Lewis said he spoke with Eddie Bradford of WRMC and he said there would not be a problem with the Lewis's using the south end of the lot on Saturdays. Robertson asked if the hours of operation would remain the same and Mr. Lewis replied, "yes, Saturday from 10:00 a.m. to 5:00 p.m., one day a week". Mr. Lewis said they had investigated the possibility of adopting an ordinance that would be a protective ordinance in the Historical District. He said Sandra Carlisle had sent him information from two Cities on Historical Districts, but they had both dealt with architectural protec- • • • Planning Commission January 12, 1987 Page 4 tion and both were open to any type of business or signs. Therefore, neither one would be very helpful for what the Historical Commission in Fayetteville wished to accomplish. Peggy Schuler stated 209 Baxter Lane was her mothers home and she had lived there until recently. She said it was her mothers home as long as she wanted to use it. Ms. Schuler said she would not like to see the traffic increased on Baxter Lane because it was a hilly and narrow street. She stated that type of business would not benefit the surrounding homes and at present they have nice renters and she would like to keep them. In answer to a question from Commissioner Madison, Ms. Schuler said she had read the request in the newspaper on Sunday and also had spoke with a neighbor who was aware of the request. Farrish asked Ms. Schuler if she understood the shop would only be open one day a week from 10:00 a.m. to 5:00 p.m. and she replied, "yes". Madison stated it bothered her somewhat to see a business of any type encroach upon a solid residential neighborhood. She said there were some duplexes across the street but other than that it seemed to be a residential neighborhood on both sides. She said it puts the whole neighborhood in a certain precarious position to have a business encroach upon it and for that reason she would have a hard time supporting the request. Hanna stated the request was for a very limited use (one day a week) and personally understood that the Lewis's basically wanted a place to store their antiques and putter around with them. He said he could not see much traffic influence on that street for just one day a week due to that particular business. Hanna stated he would support the request for conditional use and pointed out to Ms. Schuler that the conditional use had to be renewed each year and if the business did cause an undue traffic situation or other problems in the neighborhood they could complain to the Planning Office which in return would have to bring the request back to the Planning Commission. MOTION Hanna moved to grant the Conditional Use as requested, and it was seconded by Farrish and was followed by further discussion. Madison pointed out that weekends are when people do tend to be in their yards and in their homes most frequently and felt the parking and traffic would bother people in the quiet of their homes on the weekend. • • • Planning Commission January 12, 1987 Page 5 The question was called and the motion to grant the Conditional Use as requested passed 5-4-0, with Parrish, Jacks, Green, Hanna and Robertson voting "yes" and Madison, Nash, Seiff and Dow voting "nay". REQUEST FOR A WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT GREG HOUSE - BLOCK 4 LOTS 5 & 6 OF THE HARRISON ADDITION The fourth item on the agenda was a request submitted by Greg House for a waiver of the Subdivision Regulations for a first lot split for property located in the Harrison Addition Block 4 lots 5 & 6. The property is zoned R-2, Medium Density Residential District. Mr. House stated this item was heard and tabled by the Commission a few months ago due to some questions that could not be answered. Jacks stated that under the Horizontal Property Regime, he understood that the buildings were required to be contiguous and Mr. House has a separation between the buildings. Mr. House said as he understood he did not fall under the Horizontal Property Regime. Jacks then asked under what provision could Mr. House build townhouses without a side setback. Carlisle stated the property is zoned R-2 and under R-2 requirements there shall be no specific requirements as to minimum lot width, lot area or minimum area per dwelling unit for townhouses or condominiums. She also stated side yards may be waived to permit common walls between townhouses. Jacks stated Mr. House does not have a common wall and Mr. House said he thought he was doing better by giving some separation. Mr. House said he spoke with Freeman Wood and was told if he separated at all it would have to be as required for fire protection. Jacks said the Horizontal Property Regime simply allows what he would call condominiums to be sold under individual ownership. Mr. House said he had hoped to be able to sell them as duplexes, and that primarily this was a financing tool and the reason for this request. He said there was one building on lot 5 which was adjusted with a property line adjustment and presently there were two buildings located on lot 6. Logically it seemed to him if he was able to build one building on lot 5, 10' away from the next building on lot 6 then he should be able to put a line down the middle of both lots. He said it would not affect the use which was duplex use (two families per building) and the density could not increase. Mr. House said his main purpose was a financing tool and that was why he needed separate • • • Planning Commission January 12, 1987 Page 6 lots rather than 4 units on one piece and 2 units each on their own piece. Jacks asked Mr. House if he wanted each unit on it's own lot without setbacks. Mr. House replied he had the proper setbacks from the street and the rear and was well within the setbacks to any adjoining neighbors. Jacks asked Mr. House if his plan was to rent the units and eventually be able to sell them. Mr. House replied, "yes", but as a building not as separate units. Jacks stated as he understood Mr. House had to conform to yard require- ments and those were not contiguous walls or common party walls except between the buildings and the lot lines that he was making. Legally under every ordinance there had to be setbacks. Madison asked what his setbacks were according to his site plan and Carlisle said the front setback was 25', rear 25' and sides 8'. Jacks then said there should be 16' between buildings. Mr. House stated that was not the way he saw it. He said they have two buildings next to each other that were less than 16' apart. Mr. House said his plan was to have a common fence down the middle with sidewalks. Jacks stated as he saw it Mr. House was in violation of the zoning ordinance. Farrish stated there was another situation he noticed on the building site plan. He asked which parking spaces go with which building. Mr. house said the parking would be designated when the paving was complete, but his plan was for the parking to be in front of the buildings. Mr. House said each unit would have access to parking with a certain number of spaces and convenants running with the property. Hanna said basically Mr. House took two 75' lots and made three 50' lots with a duplex on each lot. Hanna said the run off from those 12-14 parking spaces would run down the middle of the units, down the hill and onto the next street. He said he had doubts the last time this was heard and had those same doubts now. Hanna thought this development should have been 6 condominiums, 6 townhouses or a 6 unit apartment house rather than putting duplexes on that R-2 property. Mr. House stated he felt what he had done was make those duplexes more aesthetically pleasing as to a row of apartments. Mr. House said he built the units with the approved building permits. his argument was that if he was able according to the rules starting At this point, Mr. House said to build 3 buildings on one piece b • • • Planning Commission January 12, 1987 Page 7 of land, what was the harm in calling it two separate pieces when the use was the same. Hanna stated he had 3 office buildings on Poplar street and he had to loin all 3 of them at the roof and he could not sell one unless he sold all three. He said the reason he did that was because he conformed to the rules that the Planning Commission gave him. Hanna said he did not see how Mr. House recieved building permits to build those 3 units. In answer to a question from Commissioner Nash, Carlisle replied if there has been a violation of the setbacks the Board of Adjustment could grant a waiver. Carlisle stated there was a property line adjustment done on one of the lots. Carlisle stated for tract C, lot 6 a building permit was issued with an 8' required setback to the overhang. For tract B, lot 6 was issued with the required 8' to the overhang and Jacks said that was what the ordinance required. Carlisle said on tract A, lot 5 she had made a note on the permit to hold until the legal cleared. Jacks stated under those circumstances there should be 16' between the build- ings. Carlisle said on the building permit for tract A she required a "0" lot line for townhouses because she was told by Mr. House that he was putting the buildings together. Green stated apparently Sandra Carlisle thought he was building lot lines and in fact he was not and built separate buildings. Madison asked if it would be appropriate to have a recommendation from staff in two weeks. MOTION Madison moved to table this item for two weeks pending a recommendation from the City staff, including the City Attorney, and it was seconded by Nash and was followed by further discussion. Green said the R-2 zoning requirements stated the lot width minimum for two-family units was 60'. Green added Mr. house was basically asking this Commission to waive the lot size requirement which they could not do. Green said he felt like this Commission could not do anything for Mr. House and that he would have to appeal to the Board of Adjustment. Carlisle stated that under the townhouse requirement there shall be no minimum lot width, lot area or minimum area per dwelling unit which would waive the two-family requirement. Green said that was for townhouses 1 Planning Commission January 12, 1987 Page 9 by Hanna. The motion passed 9-0-0. HAYS ADDITION PHASE I - PRELIMINARY PLAT APPROVAL SOUTH OF MISSION BLVD., WEST OF HWY 265 - J.B. HAYS The sixth item on the agenda was consideration of the preliminary plat approval of Hays Addition Phase I, submitted by J.B. Hays and represented by Dave Jorgensen of Albright & Associates. The property is located south of Mission Blvd. west of Hwy 265, and is zoned R-1, Low Density Residential District and contains 2.75 acres. Jacks stated this was heard by the Subdivision Committee on Thursday January 8, 1987 with Commissioner Farrish would give the recommendation from that Committee. Farrish stated there was a great deal of discussion on the proposed subdivision. He said the proposed subdivision was not part of Park Place however, in order to build the proposed subdivision and to have access to the subdivision, it would require a replat of Park Place Phase I. He said there was not a request coming to the Commission for a replat of Park Place Phase I at this time, and therefore the Subdivision Committee did not act upon the replat of Park Place Phase I. Farrish added the Subdivision Committee approved the proposed Subdivision (Hays Addition Phase I) as presented, but approval was conditional upon a replat of Park Place. He said the replat of Park Place would have to go through normal channels for that action to be approved or disapproved. Hanna asked if it was the Planning Commission's recommendation that the proposed subdivision empty back into Park Place rather than an entrance onto Highway 45. Farrish stated they did not make a judgement decision on that. Dr. Hays commented it was favored by the Planning Commission to not have another exit onto Highway 45. Jacks stated that was when the concept of Park Place came through as Phase 7. Farrish stated that there was an enormous amount of discussion on whether or not the replat of Park Place should be approved or not. He said Commissioner Dow wanted the record to show that the approval of the preliminary plat did not reflect approval or disapproval of the replat (Phase I). Dow said that when the concept plat was approved previously, all of the issues were not presented that probably should have been. For example, Phase I of Park Place was a final plat and the replat would change a defined cul-de-sac and become a through street. • 0 • • Planning Commission January 12, 1987 Page 8 or condominiums and, as he understood, Mr. House built duplexes. The question was called and the motion to table passed 9-0-0. REQUEST FOR BILL OF ASSURANCE FOR DELAYED PARKING 1600 MISSION BLVD. - ROGER STAUB The fifth item on the agenda was a request for a Bill of Assurance for delayed parking requirements submitted by Roger Staub for the Fayetteville Christrian Fellowship Church. Property zoned R-1, Low Density Residential District with a Conditional Use for a Church. Roger Staub stated his request was simply to be allowed to pave approx- imately 80% of the proposed parking because they do not need the required amount of 135 spaces at this. time. He said on a Sunday morning they have a maximum of 60-65 cars at present. He said grading of the area was already in progress. Jacks asked how many parking spaces would they actually pave. Mr. Staub replied approximately 97 spaces which included 8 required handicapped spaces. Mr. Staub stated on Sundaymorning their attendance generally ran between 200-250 in attendance with membership around 300. In answer to a question from Commissioner Jacks, Carlisle stated 1 space per 40 square feet of auditorium space. Madison asked if the number of required spaces was minimal. Madison said the parking would be adequate for normal circumstances but wanted to know whether they would have enough for abnormal circum- stances such as a revival or large events. Mr.Staub replied it would be difficult for him to say and obviously they had a lot of grass they could park people on, but he also said what they were trying to do was anticipate a reasonable amount of additional parking for the church at this particular time. Farrish asked if Mr. Staub had some type of time projection as to when they would need the additional parking. Mr. Staub replied he was thinking in terms of 24 months. Jacks felt they should have more than the requested 97 spaces with a congregation of that size. MOTION Farrish moved to approve the request as submitted for 24 months, seconded • • • Planning Commission January 12, 1987 Page 10 Madison stated she was not present at the meeting when the concept plat came through, but had called the Planning Office to inquire about Phase II and the further extension that ended in a cul-de-sac. She added the street was beyond the maximum legal length of a dead end street and that her comment failed to be documented in the minutes. Madison stated Dr. Hays owned land further to the west, but Farrish said the question was not whether he owned land further to the west or if it was going to be developed and felt the Commission should not speculate about that. Madison said that her only question was where the end of the street would be. Farrish stated the Subdivision Committee was treating this just like any other Subdivision which would show stub -outs with surfaced turna- rounds. Jacks stated he thought Commissioner Madison's question was appropriate. Dave Jorgensen stated the original plan for the concept plat was to receive comments from the Planning Commission. Mr. Jorgensen said at that time the developer called the proposed subdivision Phase 7 for the lack of anything else. In addition to Hays Addition Phase I he also addressed the potential connection to Highway 265. Mr. Jorgensen said the island in the middle of the Cul-de-sac would be more attractive if left where it was. And as far as the two altern- atives for access for the proposed subdivision, the developer felt that the Bristol Place cul-de-sac would be the lesser of two evils. In answer to a question from Commissioner Nash, Mr. Jorgensen said the developer was proposing to tear out the cul-de-sac on the west side and follow the center line of lots 10 & 11. He added that would take 25' off each lot for the proposed street. Green stated if this plan went through with the cul-de-sac as a through street the Commission probably would not approve an island in the middle of a through street. Green added he did not think the island in the middle of the street would make it safer but probably more harzardous. Robertson said he did not see how the Commission could approve something if they did not know what it would look like. He felt until the replat of Bristol Place had been approved, the Commission could not act on the proposed subdivision. Dow stated she had the same comment at the Subdivision meeting and \0 Planning Commission January 12, 1987 Page 11 felt the replat should be presented first because that should have been the first order of business. She added that they discussed this Subdivision and that she was able to look at it as a separate entity, but was not certain now that she had voted the right way. Madison said it seemed to her that they were being asked to look at the proposed subdivision with blinders on. Dewitt Smith stated he lived at 1775 Cambridge Drive, lot 12 adjacent to lot 11. He said he was not opposed to the development of the Hays property, but felt it was inappropriate for an established cul-de-sac which had been in existance for some 4 years and had been shown on the final plat as a cul-de-sac. He felt it was inappropriate to modify the existing platted cul-de-sac unilaterally from a developer of other property without unanimity on the cul-de-sac. Mr. Smith said there were 5 lots on the cul-de-sac in addition to his. Two of the lots were beneficially controlled by Dr. Hays as of a week ago according to Court House records. He added one lot was owned by a builder and one lot was owned by some people who live in Arizona and were not available to comment. Mr. Smith said he represented a third of the remaining people on the cul-de-sac. He submitted to the Planning Commission there could be another alternative that had not been considered in the past for access into the new subdivision that would be a combination of accesses into the subdivsion through the existing driveway that serves Dr. Hays home. He thought that would not deminish Dr. Hays values and yet it would not necessitate an additional cut into Highway 45. Mr. Smith stated his main objection results from the modification of the cul-de-sac and felt that was detrimental to his property value of a platted cul-de-sac. Madison asked Mr. Smith if he was notified when the concept plat was presented and Mr. Smith replied "no". Madison asked if property owners were sent notification of the concept plat. Carlisle stated Mr. Jorgensen had brought in a plat with what she assumed was all adjoining property owners signatures. Mr. Jorgensen said Mr. Smith's signature was not on the plat because he thought all adjacent property owners had to be notified rather than property owners adjacent to and within 100'. MOTION Farrish moved to approve approval of the replat of review comments and proof motion was seconded by Green the preliminary plat contingent upon the Park Place Phase I and subject to: plat of notification of property owners. The and was followed by further discussion. Green said there were 2 issues; 1) access off Highway 45 and; 2) access \` • Planning Commission January 12, 1987 Page 12 off Bristol Place. Green said the Planning Commission felt the access should be through Bristol Place. Green added Mr. Smith was not at the meeting when that opinion was made and felt Mr. Smith should have the chance to speak to the full Planning Commission tonight. He said if they wanted to reconsider that decision, now was the time to do it before the developer went any further with the subdivision. His opinion was that access onto Highway 45 was not the greatest place, but he thought it was not particularly dangerous. Green felt the developer would like to get approval of the subdivision and then worry about the replat. Nash stated there was more to this issue than just the subdivision and felt the Commission needed to see it in conjunction with Park Place, or to have seen the Park Place replat earlier. She believed that an existing neighborhood was being mowed down to alleviate the problems of another subdivision. Green asked Carlisle if she had received an opinion from the City Attorney for any precedence on denying a subdivision and Carlisle replied, "no". • Nash said she would also like to know if there was any precedence for approval of a subdivision because of existing homes. • Madison stated her reason for voting against the motion was that it would be proclaiming approval of a subdivision with no access and she cannot separate the issues. She said, as for the current situation, she could not see herself voting to tear up a cul-de-sac. Park Place already has an over abundance of cul-de-sacs as was noted by the City Board and she felt that if the Commission wanted to talk about going back to the beginning for approving things, Park Place probably would not have been approved with that many cul-de-sacs. She said to extend one (cul-de-sac) and make it longer really adds insult to injury as far as she was concerned. Madison stated the only place the proposed subdivision might dump its traffic would be Park Place. She said it had been made clear that another access had to be provided before there was any additional development in Park Place. Madison added she was aware of what the contract said as to no more development in Phase 4 or 5 but she thought this was violating the spirit of the contract, and for those reasons she would vote to deny the subdivision. In answer to a question from Commissioner Green, Madison said she would vote for access onto Highway 45 if the Street Superintendent and Traffic Superintendent were agreeable. Green agreed that the proposed subdivision was not a good deal for the people who lived there, and if he lived where Mr. Smith lived, he would feel the same way as Mr. Smith. But he did not know what grounds the Commission would have for denying the proposed subdivision. \J • • • Planning Commission January 12, 1987 Page 13 Ultimately, Dr Hays owns all the property and could do almost anything with the property that might be more objectionable. Nash asked how Commissioner Farrish would feel about tabling this item until they could look at the replat. Farrish said he did not have a problem with the proposed subdivision and knew they were going to look at the replat at a later date. Farrish added the developer had brought a subdivision to the Planning Commission with 7 lots, and quite frankly, he does not see anything in the world wrong with it. However, the Commission knows the access problem has to be resolved and that was the reason for the condition that was placed on the prelimi- nary plat approval. Mr. Smith stated he hoped that at the time a decision would be made on whether or not to replat, a reason for replatting would not be given that they now have an approval on a subdivision. The question was called and the motion passed 6-3-0, Farrish, Green, Seiff, Hanna, Robertson and Dow voting "yes" and Madison, Jacks and Nash voting "nay" OTHER BUSINESS Jacks stated that the Chairman of the Update Committee (Commissioner Hanna) would like to establish a meeting date. Hanna said the Update Committee 1987 at 4:00 p.m. in room 111. of Chairman Hanna, Commissioner would meet on Monday, January 19, The Update Committee would consist Nash, Commissioner Seiff, Chairman Jacks and Planning Consultant Larry Wood. The second item of business was the selection of a Chairman, Vice Chairman and Secretary for the Planning Commission at the first meeting in February. Jacks appointed a committee consisting of Commissioners Robertson (Chairman) Dow, and Farrish. Commissioner Robertson asked each of the Commissioners to write down their recommendation for each position before the next meeting. MINUTES The minutes of the December 8, 1986 meeting were considered. There being no additions or corrections, the minutes were approved as distri- buted. In answer to a question from Commissioner Green, Carlisle replied that the RFP forms had been submitted to Deryl Burch subject to any corrections or additions. PAGE SUBJECT DATE 1 Request for off-site parking, Arkansas Book Store, 653 W. Dickson 01-12-87 2 R86-21, James & Rhoda Ralston, 6390 Wedington Drive 01-12-87 3 CU for antique shop, Thomas H. Lewis, 145 Baxter Lane 01-12-87 5 Lot Split, Greg House, Blk. 4, Lots 5 & 6, Harrison Addition 01-12-87 8 Request for Bill of Assurance for Delayed Parking, 1600 Mission, Roger Staub 01-12-87 9 Hays Addition Phase I, Preliminary Plat Approval, S of Mission W of Hwy. 265, J.B. Hays 01-12-87 15 'R87-1, Batesville Service Corporation, Lots 806-821, Oak Park Place 01-26-87 18 Waiver of a Bill of Assurance for street improvements, Joan Smith, Halsell & Cross 01-26-87 23 Consideration of a concept plat, Park Place, J.B. Hays 01-26-87 24 Approval of a replat of the amended final plat of Park Place, Park Place Phase I. J.B. Hays 01-26-87 33 Lot Split, Paul B.Price, SW corner of Lewis & Holly 01-26-87 35 R87-2, P.R. Green Estates, NE corner of Garland & Sycamore 02-09-87 42 Lot Split, Swift's Jewelry Inc., 27 N. Block 02-09-87 43 Consideration of a concept plat, Park Place, J.B. Hays 02-09-87 46 Approval of a replat of the amended final plat of Park Place Phase I, J.B. Hays 02-09-87 50 Lot Split, Greg House, SW corner of Rebecca & Willow 02-09-87 54 R87-4, Dan A. Spencer, 6290 Danita 02-23-87 55 Lot Split, Dan A. Spencer, 6290 Danita 02-23-87 57 R87-5, Robert B. Westphal & B.E. Cobb, S side of Hwy. 62 & W of Finger Road 02-23-87 4101 62 R87-6, Parker Ltd , (Bill Grisso), SW corner of Walton & Razorback02-23-87. I 66 Lot Split, Keith & Nancy Garton, 2625 Warwick 02-23-87 67 Lot Split, Don Shackleford, Huntsville & Cherry 02-23-87 70 R87-3, Helen Del Pup, 2201 N. Gregg 03-09-87 71 R87-7, City of Fayetteville, E side of Hwy. 71 at Smith Street 03-09-87 72 R87-5, Robert B. Westphal & B.E. Cobb, S of Hwy. 62 & W of Finger Road 03-09-87 79 CU, City of Fayetteville (Airport), 4500 S. School 03-09-87 79 LSD, Jim Lindsey, Appleby Street Apts., Phase II 03-09-87 80 LSD, Fulton Stanton, Tandy Restaurant Supply, Hwy. 112 North 03-09-87 80 LSD, Bill Grisso, Condo Parking Lot, Razorback & Walton 03-09-87 80 Determination of parks donation, Appleby Street Apts, Jim Lindsey 03-09-87 82 Request for delayed parking improvements, FAyetteville Bible Church 2783 Mt. Comfort Road 03-09-87 82 CU, Antiques & Gifts, David & Sandy Ward, 218 Block Street 03-09-87 83 CU, Plant Nursery, Thomas C. Lee, 2104 Mission 03-09-87 83 Report from Ernie Jacks, Subd. Ordinance 03-09-87 85 Determination of Green Space Fees, Jim Lindsey, Appleby Apts. Phase I and II 03-23-87 85 Approval of Preliminary Plat, Julian Archer, Pratt Woods Addition, NW of Hotz & N of Garvin 03-23-87 92 Lot Split, Gladys G. Guinn, SE corner of Gray & Cleveland 03-23-87 94 R87-8, Arlis Wages, 1039 E. Huntsville Road 04-13-87 96 R87-9, Jerry D. Sweetser, 1710 N. Leverett 04-13-87 98 R87-10, Robert B. Westphal & B.E. Cobb, S side of Hwy. 62 & W of Finger Road 04-13-87 411/1 100 LSD, Liquor Store, Hwy. 112, Kenneth Cockram 04-13-87 102 Preliminary Plat Approval, Park Place Phase 5, Dennis Mullens, Hwy. 45 E & Cambridge 04-13-87 105 Lot Split With a CU, Philip Warford, 5277 Huntsville 04-13-87 107 R87-11, Plants Plus, 845 Longview 04-27-87 • PAGE SUBJECT DATE 108 R87-12, Roger or Tonette Garner, 1710 Woodland 112 CU, Roger or Tonette Garner, 1710 Woodland 111/ • 112 Lot Split, Ken Marvin and larry Floyd, County Road 537 ,.113 LSD & CU, NW Engineers for Len Edens 114 Approval of final plat - Yorktown Square Subd. 115 Lot Split, Jack & Jean Herd, N of Hwy. 45 & E of FAt Gully Rd. 117 Approval of Preliminary Plat, Garland Terraces 121 R87-13, Jim Hatfield, 1302 N. Holly 122 R87-10, Robert B. Westphal & B.E. Cobb, S side of Hwy. 62 & W of Finger Road 124 LSD, Superior Industries,Wayne Jones, 1901 Commerce Drive 125 CU, Radio Tower, 2553 N. College, Lonnie M. Horton 126 R87-14, Dan & Debra Coody - 215 N. East Ave. 132 Discussion of goals and policies Land use Plan 133 Discussion of Rerouting Hwy 45 East 137 Special Meeting Goals and Policies 139 R87-15 - J.W. Eoff - Old Farmington Rd. & Bypass 142 R87-16, Gary * Teresa Atha, 1940 Crossover Rd. 144 R87-17, Eric & Charlene Lloyd, 492 W. Lafayette 145 Approval of a Final Plat Valley Subidivision 146 Lot Split & C.U.(Tandem Lot) 2035 Smokehouse Trail 146 Conditional Use, Child Care Donna Weldon 559 S. Ray 147 Report from UpDate Committee 154 Special meeting (Residential Land Use) 155 Lot Split, Jim lindsey Hwy 45/265 155 Driveway Cut - Charles Agee 156 Large Scale Development (Hardees) 157 Up Date Committee ,159 Selection Committee 161 Informational Item (Historical District 163 Special Meeting (Update Committee 165 replat of Final Plat Colt Square Block 2 - Jim Cramer 165 preliminary Plat HIllside Sub., Sam Mathias 166 Lot Split, Fayetteville Lodge - Floyd Thomas 167 Large Scale Development, Jim Lindsey, 4044 N. College 169 Lot Split, Jerry Allred, Lot 16, Block 7, Meadowlark Addition 169 C.U.,Mosque, NE corner of Regan & Arkansas Ave. 173 Lot Split, Larry & Valerie Poage, 5645 E. Huntsville Rd. 173 Discussion of removal of State Designation of Hwy 45 182 Special Meeting (up date Committee) 184 R87-18, Daryl Vines, North of Hwy 62 & West of Old Farmington Rd. 187 R87-19, Rose Marie & Richard Peters Shiloh Dr. & Porter 189 Lot Split, Skip Beaton, north of 06th St & west of Hill St. 190 Lot Split, Jim Lindsey, lot 8, Lewis Estates 190 Approval of a Final Plat, Fayetteville Industrial Park West 191 Preliminary plat approval, Brookhollow Subdivision 194 Request for the Care of Senior Citizens 198 Lot Split, Wade Bishop, Regency North 198 C.U. Child Care Patti Dutton, 736 E. Jackson 199 replat of a replat of a final plat Clover Creek, J.Allred 200 C.U., Antique Shop, Robert Shultz, 347 N. West 202 R87-20,Ken Lazenby, Pettigrew Street 204 R87-21, Wade Bishop, Quail Creek 205 Approval of a preliminary Plat, Quail Creek, Wade Bishop 207 Large Scale Development, Polarbek, James Street & Mt. Comfort 212 Request for Bill of Assurance, Abundant Life Tabernacle 213 Request for C.U. for Change in Nonconforming. use, 501 W. Maple • • 04-27-87 04-27-87 04-27-87 04-27-87 04-27-87 04-27-87 04-27-87 05-11-87 05-11-87 05-11-87 05-11-87 05-26-87 05-26-87 05-26-87 06-01-87 06-08-87 06-08-87 06-08-87 06-08-87 06-08-87 06-08=87 06-08-87 06-15-87 06-22-87 06-22-87 06-22-87 06-22-87 06-22-87 06-22-87 07-06-87 07-13-87 07-13-87 07-13-87 07-13-87 07-13-87 07-13-87 07-13-87 07-13-87 07-20-87 07-27-87 07-27-87 07-27-87 07-27-87 07-27-87 07-27-87 07-27-87 08-10-87 08-10-87 08-10-87 08-10-87 08-24-87 08-24-87 08-24-87 08-24-87 08-24-87 08-24-87 PAGE 216 217 19 20 230 230 236 237 237 239 241 244 246 247 248 253 256 258 259 260 261 262 262 263 266 267 267 168 • .69 R87-23, William H. Bassett, North of Rock & West of Washington SUBJECT Lot Split, Jim Hatfield, Golden Eagle & Sherwood Ln. R87-22, Wade Bishop, Millsap & Hwy 471 Lot Split, Jerry W. Henson, Wagner Road, Outside City Limits Appeal, Large Scale Development Plan (Polarbek) Approval of a final Plat, Garland Terraces, Robert Whitfield Approval of a preliminary plat Spring Hollow Estates, G.Wilkins C.U., Duplex in R-1, District,E. Rex Thompson, 1729 Mission C.U., Mini Storage Warehous, Linda Eaton, Happy Hollow Rd. C.U., change in nonconforming use, used car lot, Everett Crouch C.U., Church in an R-2 Zone Jim & Janice Kelley, E. Fifteenth St. R87-24, Don & Janet Lanoy, 1890 Mission Blvd. Preliminary Plat, Zion Estates, Zamberletti north of zion Rd. Large Scale Development, Hoyet Greenwood, Curtis & 15th St. Report from Larry Wood Planning Consultant Discussion, Capital expenditures for Public Facilities Polarbek Discussion of resolution for a capital improvement program R8.7-25, Tom Coker & Coy Kaylor Hwy265/Joyce Street R87-25, Tom Coker & Coy Kaylor Hwy 265/Joyce Street Approval of a preliminary Plat (Wingfoot) Jim Webster Large Scale Development Plan IBM Office, Hwy 471, South of Shepard Lot Split, Reece Parham, Skillern Rd. Report from Larry Wood Planning Consultant, Subdivision Regulations R87-23, William H. Bassett, Rock, West of Washington Request for Off-site parking, Bill Kennedy, 608 W. Dickson Lot Split, Howard Cain, Lot 2, Sunset Heights Lot Split, Walter Dial Jr., County Rd. 707, outside city limits Report from Larry Wood Planning Consultant Subdivision Regulations 275 R87-27, George Faucette Jr., 208 N. Block Street 276 Conditional Use, George Faucette, 208 N. Block Street 276 277 277 279 279 282 284 285 286 287 287 288 288 290 293 296 297 299 • Final Plat, Wingfoot Subdivision, James Webster, Gulley Rd. Large Scale Development, ABC Industries, Industrial Park West Large Scale Development, Airways Freight, Edd Caudle Final Plat, Brookhollow Subdivision, Crafton,Tull Old Missouri Discussion of the Elderly Committee Discussion with the Representative of the new Planning Firm R87-23, William H. Bassett, Rock, West of Moutnain R87-28, Eldon W. Jenkins - 2235 S. School Large Scale Development, Airways Freight, Edd Caudle Wedington Dr. Lot Split, Final Plat, Conditional Conditional Conditional R87-29, Pat Approval of Mark A. Davis, 1709 Mlssion Blvd. Hillside Subdivision, Sam Mathias, East of Old Wire Use, Duplex in An R-1 Zone, Lawrence Icegnogle Use, Child Care, Christy Kitchen 1022 Rodgers Dr. Use Request, Contel Cellular, Antenna Tower Pinnell - Lot 13 Rutledge Subd. a Final Plat Quail Creek - Wade Bishop Lot Split, Ray Johnson/A1 Hughes - East of Loxley & S of Stubblefield Large Scale Development, Gator Golf, Tommy Crouch 2692 N. College DATE 08-24-87 09-14-87 09-14-87 09-14-87 09-14-87 09-14-87 09-14-87 09-14-87 09-14-87 09-14-87 09-28-87 09-28-87 09-28-87 09-28-87 09-28-87 09-28-87 10-12-87 10-12-87 10-12-87 10-12-87 10-12-87 10-12-87 10-12-87 10-26-87 10-26-87 10-26-87 10-26-87 10-26-87 11-09-87 11-09-87 11-09-87 11-09-87 11-09-87 11-09-87 11-09-87 11-09-87 11-09-87 11-23-87 11-23-87 11-23-87 11-23-87 11-23-87 11-23-87 11-23-87 11-23-87 12-14-87 12-14-87 12-14-87 12-14-87 "c'egcs K y rnnaa b Z 73 o H 2. al m on o H Otn N 0 0 0O- 0 J ?9 O W o N 06-15 N o lS 0f F-' 0 J 0 W 0 W 0 1p 0 W 0 l0 0 /T Y: N 2* 01 \\\\\\\\\\\\\\\\\\ _E. JACKS B. ROBERTSON \\\\\x [\\\ • \ C\ \ [\\ • C\\ \ C\\ `\\ \ \ (\\ ` C\ \ \ (\ \ `\ \ to \\\\\\\\\\\\\ F. FARRISH \\\ox \ ` ' ` ^ \\\x \\\\\\x \\\\ S. MADISON \ \\\\\\\\\\\\\\\:ii ix \\\\\\\\\\x \\\\x \ B.J. DOW ✓\ \ \ X \ \ \ %� \ \ X \x ` \ x \ \ 4 i, "c'egcs K y rnnaa b Z 73 o H 2. al m on o H Otn N 0 bb H i rnb z o 0 H ON . 0N z N i r r W r r ,T r o 0 r 0 N 09-28 09-14 E. JACKS I F. HANNA S \\\\\\\ B. ROBERTSON I r S. GREEN X \\0\ii • 1 \ \x \\\\\i,i0 . \ \\\>< • C\ C`\ yy, \ \ [ ( w U\ \N \\\\\ J. NASH bb H i rnb z o 0 H ON . 0N z 4 • • FAYETTEVILLE, ARKANSAS OFFICE OF CITY CLERK 113 W. MOUNTAIN STREET 72701 (501) 521-7700 November 4, 1987 TO: City Board of Directors THROUGH: James L. Pennington, City Manager FROM: Suzanne McWethy, City Clerk SUBJECT: Vacancies on Citizen Boards, Committees and Commissions Listed below are those members of citizen boards, committees and commissions whose terms have expired or are due to expire (including two vacant positions with unexpired terms). Attached is a copy of the advertising which will appear in the Northwest Arkansas Times to notify the public of the upcoming vacancies. Also attached is a timetable for the nominating process. Arts Center Council James Gilbreath Arts Foundation Elaine M. Longer Board of Adjustment TERM EXPIRATION DATE NEW TERM ENDING June 30, 1987 June 30, 1990 June 30, 1987 June 30, 1990 Dennis W. Moore (removed due to•lack of attendance) April 1, 1991 City Hospital Board of Control E. B. Cypert (resigned) January 1, 1991 Lewis P. Johnson January 1, 1988 January 1, 1992 Housing Authority Board of Commissioners Sherman Morgan January 1, 1988 January 1, 1993 • Parks & Recreation Advisory William P. Waite Beverly Melton Andrew Lucas, Jr. John 0. "Rudy" York Planning Commission Stanley D. Green Fred Hanna Sue Wood Madison Public Facilities Board Phil Taylor Board January January January January 1, 1, 1, 1, 1988 1988 1988 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 • January January January January 1, 1990 1, 1990 1, 1990 1, 1990 January 1, 1992 January 1, 1992 January 1, 1992 January 1, 1993 ** #It just recently came to the Clerk's attention that these terms expired in June of 1987. (Although the members did not begin serving until near the end of 1986, Articles of Incorporation stipulate the June expiration dates.) *Although this position will be advertised, applications will be referred to the Housing Authority Board for their nomination, which will be confirmed by the City Board. **Although this position will be advertised, the Facilities Board makes their own appointments without the necessity for City Board ratification. • (Display ad to appear in the editions of November 8, 15 and 22; size as customary. First and second insertions to be headed "NOTICE OF VACANCIES" in 24 pt BFC; third run to be headed "THIRD AND FINAL NOTICE OF VACANCIES" in 24 pt BFC.) (APPROPRIATE HEADING) In the near future the City of Fayetteville will have the following vacancies on its citizen boards, committees and commissions: ARTS CENTER COUNCIL: One position, with term ending June 30, 1990. ARTS FOUNDATION: One position, with term ending June 30, 1990. BOARD OF ADJUSTMENT: One ;position, with an unexpired term ending April 1, 1991. CITY HOSPITAL BOARD OF CONTROL: Two positions, one with an unexpired term ending January 1, 1991; and one with term ending January 1, 1992. oELI✓Er?ED 3y N.4 HOUSING AUTHORITY BOARD OF COMMISSIONERS: One position, with term ending January 1, 1993. PARRS & RECREATION ADVISORY BOARD: Four positions, with terms ending January 1, 1990. PLANNING COMMISSION: Three positions, with terms ending January 1, 1992. PUBLIC BOARD: One FACILITIES position, with term ending January 1, 1993. Registered residing in the limits of the Fayetteville who to be consi voters corporate City of would like dered for appointment to one or more of these committees should contact City Clerk Suzanne McWethy at City Hall (113 W. Mountain Street) or call 575-8323 for form. an application Completed applications must be returned by no later than 5:00 p.m. on Monday, November 30, 1987. There is no salary for service on city committees. N . a • • TIMETABLE FOR FILLING VACANCIES BEFORE JANUARY 1, 1988 Letters mailed to members notifying them that their terms will expire (or have expired) and providing them with applications Letters mailed to applicants on file for up to one year, asking them to notify us if they wish to be reconsidered Advertisement to appear in N. W. Arkansas Times Advertisement by Keyboard Crawl (Warner Cable) Deadline to apply Application packets out to City Board by Nominating Committee meeting Appointments made by City Board *Date of Board agenda meeting • November 3, 4 November 4, 5 November 8 November 15 November 22 From November 8 through 29 November 30 December 3 December 9* December 15 • 1 PAYETTEVILLE, ARKANSAS COMMUNITY DEVELOPMENT & PLANNING DEPARTMENT 113 W. Mountain • 72701 • 501/521-7700 March 23, 1987 Mr. Donald L. Grimes, City Manager 113 West Mountain Fayetteville, Arkansas 72701 Re: Planning Commission Parking Cards Dear Don. The following cards have been assigned to the Planning Commissioners: 1.) Ernie Jacks, Chairman 2.) B. J. Dow 3.) Frank Farrish 4.) Stan Green 5.) Fred Hanna 6.) Julie Nash 7.) "Butch" Robertson 8.) Gerald Seiff 9.) Sue Madison Please retain this for your records. The Commissioners will be informed that there will be no abuse of the cards. Sincerely, &&DECENT, SAFE, SAN z y En > D D O < I m >I Ci 1 5 Z o z HOddO lV 03 '1N3W SANDRA CARLISLE, Director Community Development & Planning 1 • r Chairman Hai.ey asked that I rep'oduce for the Commission the following portion of the By -Laws which gives d'rection to the commission when considering a zoning change. ARTICLE VI. ADMINISTRATION 07 THE COMPREHEi;SIVE PLAN AND ZONING ORDINANCES A. Consideratirr of propcsals for changes to zoning district. Before considering + request or proposal for the change of a zoning district the Commission shall determine that it has before it the following: (1) A map o•F the parcel of land for which rezoning is proposed or requested indicating the current zoning of the property and - the current zoning of the property in the immediate vicinity. (2) A vicinity -map indicating the location of the parcel of property, the major thoroughfares and collectors streets in the area, and the zoning of property within an approximate one mile radius of the parcel of roperty in question. (3) A map indicating .:he planned land use and public facilities in the area !.s indicated in the comprehensive land use plan. (4) A staff report from the City's planning consultant, staff planner or City Manager containing the following infor.nation: (a). General Information: (1) The name of the applicant. (2) The nature of the proposed rezoning and a brief description of the property. (b) Findings of Staff: (1) A determination of the degree to which the proposed zoning is consistent with 'and use planning objectives, principals, and policies and with land use and zoning plans. (2) A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. (3) A'determination as to whether the proposed zoning would create or`appreciably increase traffic danger. and :.congestion.. (4) A determination as to. whether the proposed zoning would, alter the population density and thereby.undesirably increase the load on public facilities including schools, water and. sewer facilities. (5) If there are reasons why the proposed zoning should not be 'approved in view of considerations under (b) (1) through (4) above, a determination as to whether the proposed zoning is ,justified and/or necessitated by peculiar circumstances such as: RECEIVED JUN 9 1983 �mx&tr&viP$ Act AN • • pMGE TWO It would be impracticable to use the land for any of the uses permitted under its existing zoning classification; There are extenuating circumstances which justify the rezoning even though there are reasons under (b) (1) through (4) above why the proposed zoning is not desirable. (c) Recommendation of Staff. BY LAWS FOR FAYETTEVILLE, ARKANSAS PLANNING COMMISSION ARTICLE I. MEMBERS AND TERMS A. The members and terms of service shall be as stipulated by ordinance. Any member who is absent for three consecutive regular meetings, except in case of illness or extraordinary circumstances shall tender his resignation. ARTICLE II. OFFICERS A. From its membership the Planning Commission shall elect a chairman, vice-chairman and secretary annually at the regular meeting in the month of February. B . The chairman shall preside at all meetings and public hearings of the Planning Commission and shall decide all points of order or procedure. All plans, plats, etc., requiring the signature of the Planning Commission shall be signed by the chairman (or vice-chairman) and the secretary; when authorized by the Commission these officers or either of them shall sign all other documents on behalf of the Commission. The chair- man (or any other member of the Commission when specifically authorized by vote of the Commission) shall transmit reports and recommendations of the Commission. C. The vice-chairman shall assume the duties of the chairman in the chair- man's absence. D . In the event of the absence or disability of both the chairman and vice- chairman at any meeting, the oldest appointive member in point or service shall act as chairman during such meeting. E . The secretary shall keep the minutes of such meeting, shall (either personally or with the assistance of clerical employees of the City of Fayetteville) send out mail notices of regular meetings of the Planning Commission at least four days in advance of the meetings and give all' telephone notices of special meetings, shall carry on routine correspon- dence and maintain the files of the Commission; all notices of public hearings and similar notices requiring legal publication shall be signed by the secretary. F. Should any unusual circumstance prevent the election of officers at the regular annual meeting, officers shall serve until their successors are elected. ARTICLE III. MEETINGS A. The regular annual meeting of the Planning Commission shall be held in the month of February each year, at 5:00 P.M. on the second Monday of the month or on such other day of the month as may be fixed by vote of the Commission. (2) B . The regular meetings of the Commission shall be held at 5:00 P.M. on the second and fourth Mondays of each month and mail notices of such meetings shall be given at least four days in advance of each such meeting. C. Special meetings may be called by the chairman at any time and shall be called at the request of any three members of the Commission. At least four days notice of special meetings shall be given each member if possible, but under extraordinary circumstances special meetings may be called by telephone and without other notice. D . A quorum shall consist of five members. No formal business may be conducted without a quorum and no vote shall be cast by proxy. E . (1). It shall require five positive votes to carry the following items: a. Zoning changes; b. Amendments or changes to the Master Plan; c. All conditional uses. (2). A simple majority of those present (assuming a quorum) shall be needed to grant rehearings and adoption of any other motion not covered under (1) above. An abstension from voting on a matter by a commissioner shall not be construed as a vote either for or against the matter under consideration. F. The order of business at all regular meetings shall be as follows: 1. Roll call; 2. Unfinished business; 3. New business. 4. Other business. 5. Reading of minutes of may be dispensed with to Commission members previous meeting (except reading of minutes by unanimous vote or copy of minutes as mailed may be approved without reading); G. All meetings of the Planning Commission shall be open to the public. H . Public hearings shall be conducted informally, and the chairman shall make all rulings and determinations regarding the admissibility of evidence, the scope of the inquiry, the order in which evidence, objec- tions and arguments shall be heard, and other like matters, except that any member shall be priviledged to make inquiries personally and to call for a vote on any ruling of the chairman with which he does not agree, whereupon the vote shall determine the effective ruling. It shall be the purpose of the chairman to expedite all hearings, confining them to the presentation of only essential matters in the interest of saving time, but entertaining the presentation of sufficient matter to do substantial justice to all concerned. Final or official action shall be taken only in regular or special session of the Planning Commission after the hearing. I. A rehearing shall be for the sole purpose of calling attention to a factual error, ommission or oversight in the first consideration. A request for a rehearing must be made in writing and must state the factual error, ommission or oversight asserted as the basis for a (3) • rehearing. A request for a rehearing must be filed with the Planning Administrator within thirty (30) days from the date of final action on the matter by the Planning Commission. J. During Planning Commission meetings Planning Commission members shall preserve order and decorum and shall neither by conversation or other- wise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the Chairman or the rules of the Planning Commission. Every member of the Planning Commission desiring to speak shall address the Chair and, upon recognition by the Chairman, shall confine herself or himself to the question under debate and shall avoid all personalities and indecorous language. A Commissioner once recognized shall not be interrupted while speaking unless a point of order is raised by another member or unless the member chooses to yield to questions from another member If a member is called to order while he/she is speaking, he/she shall cease speaking immediately until the question of order is determined. If ruled not to be in order, he/she shall remain silent or shall alter his/her remark so as to comply with the rules of the Planning Commission. All members of the Planning Commission shall accord the utmost courtesy to each other, to city employees and to members of the public appearing before the Planning Commission, and shall refrain at all times from rude or derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Commissioners shall confine their questions as to the particular matters before the Planning Commission and in debate shall confine their remarks to the issues before the Planning Commissioner. ARTICLE IV. COMMITTEES A. The Planning Commission may establish such standing or special or advis- ory committees as it deems advisable, and may assign to each committee specific duties or functions and establish the terms of members of each such committee. Members of such committees may be persons other than members of the Planning Commission, but a member of the Planning Comm- ission shall be named as chairman either active or ex -officio of each such committee. B. The chairman of the Planning Commission shall name the chairman and members of each such committee subject to approval of the Planning Commission and any vacancies on such committee shall be filled in the same manner. C. No member of the Planning Commission shall be required to serve on more than two committees. ARTICLE V. RECORDS A. The secretary shall maintain a file of studies, recommendations made by the Planning Commission its duties and responsibilities. plans, reports and in the discharge of • (4) B. All records of the Planning Commission shall be public records. ARTICLE VI. ADMINISTRATION OF THE COMPREHENSIVE PLAN AND ZONING ORDINANCES A. Consideration of proposals for changes to zoning districts. Before considering a request or proposal for the change of a zoning district the Commission shall determine that it has before it the following: 1. A map of the parcel of land for which rezoning is proposed or requested indicating the current zoning of the property and the current zoning of the property in the immediate vicinity. 2. A vicinity map indicating the location of the parcel of property, the major thoroughfares and collector streets in the area, and the zoning of property within an approximate one mile radius of the parcel of property in question. 3. A map indicating the planned land use and public facilities in the area as indicated in the comprehensive land use plan. 4. A staff report from the City's planning consultant, staff planner or City Manager containing the following information: a. General Information: 1. The name of the applicant. 2. The nature of the proposed rezoning and a brief descri- ption of the property. b. Findings of the staff: 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, princi- pals, and policies and with land use and zoning plans. 2. A determination of whether the proposed zoning is justi= fied and/or needed at the time the rezoning is proposed. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and con- gestion. 4. A determination as to whether the proposed zoning would alter the population density and therby undesirably in- crease the load on public facilities including schools, water and sewer facilities. 5. If there are reasons why the proposed zoning should not not be approved in view of considerations under (b)(1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; There are extenuating circums- tances which justify the rezoning even though there are reasons under (b)(1) through (4) above why the proposed zoning is not desirable. c. Recommendation of Staff. ARTICLE VII. AMENDMENTS A. These By -Laws may be amended or repealed by an affirmative vote of not less than a majority of the full membership of the Planning Commission. Any proposed amendment shall first be presented in writing at a regular meeting and placed on the agenda of a subsequent regular meeting for (5) action unless ten days written notice of the proposal has been given to all Commissioners, in which case action may be taken by any regular or called meeting; or amendment may be made by unanimous vote without notice. Revised and adopted by the Planning Commission of Fayetteville, Arkansas on September 22, 1986. Attest: /s/ Secretary ADOPTED: November 11, 1959 REVISED: January 16, 1962 February 16, 1965 May 6, 1969 February 6, 1973 March 6, 1973 January 27, 1976 February 28, 1977 November 1, 1977 April 24, 1978 December 12, 1983 September 22, 1986 /s/ Chairman