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HomeMy WebLinkAbout1992-02-10 Minutes• • • MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, February 10, 1992 in the Board of Directors Room on the second floor of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Jana Lynn Britton, Tom Suchecki, J. E. Springborn, Jerry Allred, Kenneth Pummill, Charles Nickle, Jack Cleghorn, and Jett Cato MEMBERS ABSENT: Joe Tarvin OTHERS PRESENT: Alett Little, Sharon Langley, members of the press and others MINUTES The minutes of the Regular Planning Commission meeting of January 27, 1992 were approved as distributed. REZONING REQUEST R92-5 LAMAR PETTUS - NE CORNER OF MILLSAP & COLLEGE The next item on the agenda was a request presented by Lamar Pettus on behalf of the Citizens Bank of Northwest Arkansas for property located at the northeast corner of Millsap and College. The request is to rezone from C-1, Neighborhood Commercial, to C-2, Thoroughfare Commercial. Ms. Little explained there were three tracts of land, located to the east of North College Avenue and north of Millsap Road, which the applicant wished to be zoned C-2. She further explained that Tract A was vacant, Tract B was currently occupied by Citizens Bank, and Tract C was occupied by a law office. Ms. Little stated the rezoning was requested to resolve an ambiguity in the official zoning map. She explained it was believed by the petitioner, but was not a part of the available official records, that the subject property had been rezoned to C-2, Thoroughfare Commercial previously. She stated that neither of the two developed parcels required C-2 zoning for their current use; however C-2, .Thoroughfare Commercial would not be incompatible with surrounding land uses. She further stated the Planning Office had been unable to determine the intended use of Tract A. Mr. Lamar Pettus explained they believed the location of the property would be appropriate for C-2 zoning. He further stated the Bank intended to sell all of Tract A and a portion of both Tract B and C to the north of the Bank. He noted they would apply for a lot split at that time. Ms. Little stated the Planning Office had received a letter from Steve Dixon of Christian Life Cathedral of Northwest Arkansas enclosing copies of warranty deeds listing the following restrictions: no liquor store, tap room, beer tavern, dance hall, or any structure for the manufacture or sale of malt, or spirituous, or distilled liquors or drinks of any description, auto salvage yard, scrap metal yard, or junk yard, or used car lot, except as such used car lot might be operated in connection with a new car dealership operated upon the premises, nor shall said premises be used for a mobile home park or trailer park, nor roller skating rink. In response to a question from Ms. Britton, Ms. Little explained there was confusion regarding the actual current zoning of the subject property. She noted lg • 1• Planning Commission February 10, 1992 Page 2 the official zoning map showed one zoning classification while office files showed other classifications. Ms. Britton stated she did not believe C-2 zoning was appropriate for the subject property since Millsap was a dead end street. Mr. Steve Dixon explained the Cathedral had just purchased the house adjoining the subject property. He noted he was speaking on behalf of both Mrs. Audie Millsap and the Cathedral Board. He explained there had always been a traffic problem in the area since Milsap did dead end into church property. He pointed out Hemlock Street which contained several residential homes. He stated the Cathedral wanted to be sure the restrictions remained in place for the subject property. He further stated they were opposed to the zoning change without knowing more specifics as to what type of business would be constructed. Mr. Pettus stated the access to the lot would be from Frontage Road, not Milsap. He pointed out Frontage Road ran from Millsap Road north to Joyce Street. He explained that, if access were allowed from Millsap Road, the Bank would have to give an access easement through it the Bank's parking lot. In response to a question from Ms. Little, Mr. Pettus stated the entire Tract A would be used for access. Ms. Britton stated that, due to traffic congestion, she would prefer the access be from Millsap rather than Frontage Road. Mr. Pettus pointed out much of the congestion was caused by two restaurants being constructed on Frontage Road. He further stated he did not believe the bank would give access from Millsap because it would limit the number of available parking spaces. Ms. Little stated they would examine access when they reviewed the large scale development. In response to a question from Mr. Cleghorn, Ms. Little explained the restrictions set out in the deed ran with the land so they would still be binding. Mr. Dixon once again expressed concern regarding additional traffic. He stated the street could not handle more traffic. MOTION Mr. Suchecki moved to approve the rezoning. Mr. Pummill seconded the motion. The motion passed 6-2-0 with Commissioners Pummill, Sickle, Suchecki, Cleghorn, Allred, and Cato voting "yes" and Commissioners Britton and Springborn voting "no": REZONING REQUEST R92-6 HARRY GRAY - SE CORNER OF WEDINGTON & DOUBLE SPRINGS RD. The next item on the agenda was a request presented by Harry Gray on behalf of Bob Hatfield for property located at the southeast corner of Wedington Drive and Double Springs Road. The request is to rezone 5.49 acres from A-1, Agricultural, to C-2, Thoroughfare Commercial, 4.58 acres from A-1, Agricultural, to R -O, Residential -Office, and 10.22 acres from A-1, Agricultural, to R-1, Low Density Residential. • • • • Planning Commission February 10, 1992 Page 3 Ms. Little explained the subject property was currently vacant in an area of substantial residential growth. She stated the surrounding uses were primarily residential or vacant, with an auto shop to the north and a combined gas and convenience store to the west. She noted the petitioner, in a letter dated January 16, 1992, presented the rationale that Wedington was a State Highway and Double Springs Road was heavily travelled as a connector from Fayetteville to Farmington, making the corner intersection a proper location for commercial property. She noted that to the south, the requested R -O, Residential Office zoning was considered to be an appropriate buffer between the anticipated commercial development and other development to the south. Ms. Little stated staff recommended approval of the requested rezonings. Mr. Harry Gray explained there was a need for commercial zoning along Wedington. He expressed his belief this would be a major intersection in the area. He stated this rezoning would support the Planning Commission's position of commercial zoning at major intersections. In response to a question from Mr. Dickler Mr. Gray explained there were no development proposed at this time. He further explained the owner was awaiting the Planning Commission's determination before making further plans. Ms. Britton stated she believed this was an appropriate area for commercial zoning but she would like it better if the east end of Tract A was zoned R -O so there would be a transition between the commercial zoning and whatever developed to the east. Mr. Gray explained the tract was only 660 feet wide and he did not believe zoning 660 feet as commercial was not unreasonable. Ms. Britton pointed out there was numerous residential properties in the area. Mr. Gray stated most of the residential areas were zoned R-2 and the developments were mainly duplexes. He informed the Commission the division between the Farmington and Fayetteville School Districts were approximately 3,000 feet to the east of the subject property. He explained that most people wanted their children in the Fayetteville School District so development would first be to the east of the subject property. MOTION Mr. Cleghorn moved to approve the rezoning. Mr. Cato seconded the motion. The motion passed unanimously. CONDITIONAL USE CU92-6 - AUCTION JIM STEWART - 121 SOUTH STREET The next item on the agenda was a conditional use request by Jim Stewart for an auction on property located at 121 South Street which is zoned C-3, Central Business Commercial. Alett Little stated that this conditional use request was to permit establishment of a trades and services business, use unit 17, auction. She explained there currently existed on the property at 121 South Street, a vacant one-story framed building consisting of approximately 3,500 square feet. She further explained • • Planning Commission February 10, 1992 Page 4 the building was situated on a corner lot at the intersection of Archibald Yell Boulevard and South Street with current zoning of C-3. Ms. Little continued to explain that Mr. Jim Steward had applied for a conditional use to permit establishment of a business which would conduct auctions for the sale of furniture and antiques. She noted he planned to gather merchandise at the site during the week and then offer the merchandise for sale at an auction one time each week during evening hours. Ms. Little further stated that required parking for commercial establishments in the C-3 zone was one space per 150 square feet of retail area; required parking for this building is 24 spaces. She explained parking was available to the north and west of the building; however, the current lot is unpaved. She stated her concern that the building appeared to be in poor condition and needed painting. Ms. Little reported that Staff recommended approval of the condi-tional use to permit establishment of an auction business; however, prior to establishment of the business, the building must be inspected by a city building inspector and the Fire Marshall, any code deficiencies corrected, and a certificate of occupancy issued. She further explained that fees for the inspection were $10 and $25 for the Certificate of Occupancy Permit which was renewable annually for $12.50. She further noted a city required a permit to hold public auctions at a fee of $100, with the permit being renewable annually. Mr. Nickle expressed his concern that the merchandise gathered during the week should be stored inside and not compiled in the yard, to which Ms. Little concurred. Jim Stewart explained that respect to the condition of purchased and the building was his intention for this could be proud. he dealt in nice, usable household furniture. With the building, Mr. Stewart stated that paint had been would be painted when weather allowed. He stated it to be a business for which the City of Fayetteville In response to Mr. Nickle's question, Mr. Stewart stated that he had no problem with the requirement that all furniture be stored indoors and intended to do so. Mr. Cleghorn inquired whether 24 parking spaces was sufficient for a successful auction; to which Mr. Stewart responded that hopefully he would outgrow the building and then planned to relocate to a larger facility. Mr. Stewart explained that due to the type of merchandise he han-dled and dealing primarily with dealers and antique collectors, he did not draw a big crowd. In addition, he reported that he had successfully operated a similar business in Rogers for two years in a 2,000 square foot building. MOTION Mr. Springborn moved to approve Mr. Stewart's conditional use permit, subject to Staff requirements already identified. Ms. Britton seconded the motion. MOTION Mr. Nickle moved to amend Mr. Springborn's motion requiring restriction of outside storage. Mr. Springborn seconded the motion. ZI • • Planning Commission February 10, 1992 Page , 5 Mr. Allred responded that they would need to vote on the amendment first, followed by the motion. The amendment to the motion passed unanimously. The motion passed unanimously. CONDITIONAL USE CU92-7 - HOME OCCUPATION (CHILD CARE) MARILYNN BULLARD - 436 E. PROSPECT The next item on the agenda was a conditional use request for in-home child care submitted by Marilynn Bullard for property located at 436 E. Prospect and zoned R-1, Low Density Residential. Alett Little explained that in addition to the conditional use for in-home child care, Ms. Bullard had asked for exemption from Section 160.085(F) concerning hours of operation. Ms. Little reported that this property was located in a well-established, single-family, residential neighborhood on the corner of Prospect and Fritz Streets. Ms. Little further explained that Ms. Bullard was the mother of one two year old child and wished to provide care for other children in her home. She noted the Fayetteville Fire Department had inspected her home and upon the favorable outcome of this application to the Planning Commission, Me. Bullard would apply for a State license to provide child care. Ms. Little reported that the home had a large front yard and a fenced rear yard surrounded by vegetation sufficient to meet the screening required by ordinance. She further reported the area of the lot was 8111.25 square feet and the area of the fenced yard was 376 square feet. She explained that both of these sizes exceeded that required by ordinance for the care of six children. Ms. Little further explained that the driveway to the house exited from Fritz Street and was sufficient for two cars to park temporarily while delivering children. Ms. Bullard advised Ms. Little that she knew of two families desirous of leaving their children in her care; however, both of these families owned businesses and needed to work evenings. Ms. Little explained the hours of traditional child care facilities did not coincide with the hours the families require for child care. She further explained Ms. Bullard had requested an exemption from Section 160.085(F) to allow for flexible hours of operation and to better serve these families. Ms. Little reported that Staff recommended approval of the conditional use to permit as a home occupation, a child care facility for up to six children. She explained that no signs or employees shall be permitted. She further recommended an exemption, for a trial period of one year, the hours of operation; providing that if no complaints are received during the intervening year when the Home Occupation permit is renewed, the exemption would become a permanent part of the permit. Mr. Springborn asked Ms. Bullard how much of an extension of time she would need to accommodate the families working evenings; to which she responded that she babysat for the owners of Pete Plus and Hunan's Restaurant requiring an extension to approximately 10:00 or 11:00 p.m. In response to a question from Me. Britton, Ms. Bullard explained the earliest child arrived at 8:00 a.m. and the latest was at 3:00 p.m. :2 2 • • • Planning Commission February 10, 1992 Page 6 Mr. Nickle asked if the immediate neighbors were notified of this conditional use request; to which Ms. Bullard responded that she had personally talked to all neighbors within 200 feet of her residence. Ms. Bullard explained that she was unaware of the need for a conditional use permit until recently; she had been babysitting for approximately five months with no neighborhood complaints. MOTION Mr. Springborn moved to approve Ms. Bullard's conditional use permit, including the extension on time limited to 11:00 p.m. and subject to Staff requirements already identified. Ms. Britton seconded the motion. The motion passed unanimously. ELECTION OF OFFICERS The next item on the nominating committee make a report. Agenda was election of officers. Mr. Allred stated that a consisting of Jett Cato, Joe Tarvin and Ken Pummill would Mr. Cato reported that the nominating committee had met and made nominations for the offices of Chairman, Vice Chairman and Secretary. For the office of Secretary, Tom Suchecki was nomi-nated; Jack Cleghorn for the office of Vice Chairman; and Chuck Nickle for the office of Chairman. Mr. Allred stated that according to their by-laws, other nomina-tions could be made. MOTION Mr. Springborn moved to elect by acclamation the three nominations. Mr. Pummill seconded the motion. The motion to elect by acclamation, Tom Suchecki for the office of Secretary, Jack Cleghorn for the office of Vice Chairman; and Chuck Nickle for the office of Chairman received no objections. OTHER BUSINESS Allred Commendation Mr. Cato, on behalf of the entire Commission thanked Mr. Allred for his service as Chairman of the Planning Commission during the past year. Visions Report Ms. Britton inquired about a report from the City on the Vision goals; to which Ms. Little responded that she was in the process of compiling comments offered at the last meeting. She explained administration would then work on an overview goal. Ms. Little stated there were a few items the Planning Department had been working on and she wanted to update the Planning Commission. Those items were as follows: 2-5 • • • Planning Commission February 10, 1992 Page 7 Garage Sale Regulations Alett Little reported that Mr. Springborn had presented Staff with information regulating garage sales. Ms. Little stated that she has been working on an ordinance to regulate frequency of garage sales, flea markets and auctions. She further reported the City Board had also requested she prepare such an ordinance. Home Day Care Facilities Ms. Little noted staff was also working to amend the home day care facilities ordinance. She explained there were numerous conflicts between City Code and State regulations. Controlled Access Highways Ms. Little noted the Board of Directors had directed staff to review an ordinance regarding controlled access highways. Sale of Alcoholic Beverages Ms. Little stated the Board of Directors had requested staff to review the limitation of the sale of wine and beer within 600 feet of any church or school. Non -Conforming Lots Ms. Little explained staff was also reviewing an amendment to the zoning ordinance for cases where a person's business or home would be affected by the taking of right-of-way. She explained that the State was acquiring right-of-way at the present time on West 6th Street and several homes and businesses would be affected. The meeting adjourned at 5:40 p.m.