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HomeMy WebLinkAbout1995-04-24 Minutes• MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A regular meeting of the Fayetteville City Planning Commission was held on Monday, April 24, 1995 at 5:00 p.m. in Room 212 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Phyllis Johnson, Jana Lynn Britton, Bob Reynolds, Jerry Allred, Gary Head, Chuck Nickle, John Harbison, John Forney, and Conrad Odom. OTHERS PRESENT: Alett Little, members of the press, and others. MINUTES The Minutes of the Planning Commission Meeting of April 10, 1995 were approved as distributed. Commissioner Reynolds, chair of the Nominating Committee, presented the following nominations for offices: Chair - Phyllis Johnson vice -chair - Jerry Allred Secretary - Gary Head Roll call vote was scheduled for regular Planning Commission Meeting on May 8, • 1995. OLD BUSINESS PARKING WAIVER REQUEST - DICKSON STREET CINEMA GRILL MARK HUDSON - 311 W. DICKSON The first item was Old Business with a parking waiver request, made by Mark Hudson, to utilize spaces at the School Street parking lot in lieu of providing all the required on-site parking at the property located at 311 W. Dickson. The property is zoned C-3, Central Business Commercial. Ms. Johnson explained the subject request was postponed at the last meeting to allow the applicant time to respond to the following: (1) exact number of spaces the proposed parking would provide; and (2) exact number of spaces in the city lot which have been designated for other area business. Ms. Little distributed additional information including an aerial photograph of the site, a staff memo dated April 24, and a memo from Mark Hudson. She advised the aerial showed all of the public parking lots in the Walton Arts Center area to contain 477 spaces. In response to a question, Ms. Little stated there was only one platted alley, 13 feet wide, running north and south. She explained the formula used to determine the drawings' dimensions were provided by Mr. Hudson from on-site measurements. She gave a history of previously granted parking waivers for businesses in or near the subject property. She reminded the Commission that, beginning in 1990, requests or discussion of parking included George's Majestic Lounge (no parking waived), Ozark Brewing Company (105 spaces waived), Ozark Mountain Sports Building (22 spaces waived), and Pope Furniture Building (42 spaces waived). She then read the regulations as follows: E is "Considerations for granting parking waivers... proposed use will not generate as much parking as required under the existing standards; shared parking facilities are available or that on -street parking can satisfy intermittent and occasional demands but shared parking may not be identified for more than one user at a time. Conditions for waivers in C-3 and C-4 indicates that an "in lieu fee" of $1200 for each on-site parking space waived shall be paid to the City or that adequate public parking facilities should be available within 600 feet from the entrance of the structure." Ms. Little advised she had discussed with Assistant City Attorney LaGayle McCarty whether it had to be a fee of $1,200 or a waiver and it was their opinion that it could be a combination of the two. Ms. Little stated the request was to waive 19 spaces but there were 3 spaces shown which were not on the subject property. She advised the request should be amended to waive 22 spaces. Mr. Hudson presented a revised plan, stating there would be a total of 88 spaces needed to meet the code's requirements. He explained 49 spaces would be on-site, 17 spaces would be at 310 West Dickson for a total 66 available spaces. He noted that, after reviewing some of the demographics, it had been determined most of the patrons of the Cinema Grill would be students from the University of Arkansas and Dickson Street residents, most of which would walk to the Cinema rather than drive. He stated that, in addition to the parking lots indicated on the aerial, the University Baptist Church was within 600 feet. He advised the Commission someone else had agreed to purchase the property in front of the second building (the gas station) and they were cooperating with the new owner regarding ingress and egress. He noted the parking requirements for the second building would be 18 spaces and those spaces would be on-site and also • available for the Cinema Grill after 6:00 p.m. In response to a question from Ms. Johnson regarding the parking at 310 West Dickson, Mr. Hudson advised he planned to lease the parking space. He explained the Shipley Bakery did plan to continue the thrift store at the location and had agreed to allow him to use the parking. Ms. Johnson asked the term of the lease. Mr. Hudson stated he believed the lease was for 4 - 5 years, but he was not sure. Ms. Johnson asked his plans should he lose the use of the parking when the lease expired. Mr. Hudson stated he hoped they would be able to use the UBC lot and existing parking. He advised he had spoken with UBC regarding their parking lot and was told it was "first come, first serve". Mr. Reynolds advised that, since he was a property owner on Dickson Street, he would be abstaining. Ms. Britton expressed concern some of the parking shown on the drawing and the tree island were in the alley which would be a safety hazard. Mr. Hudson advised there was a strip of land between the alley and Mr. Klinger's property owned by Shipley Baking Company. Ms. Britton stated it was her understanding Mr. Klinger believed that was his property. Ms. Little advised ownership records for the property were not available at this Is meeting. • Planning Commission Meeting April 24, 1995 Page 3 Mr. Hudson stated he had been working with Mr. Klinger regarding the parking and beautification of the area. He noted Mr. Klinger had attempted to purchase the strip of land. In response to a question from Ms. Johnson, Ms. Little stated the parking spaces adjacent to the alley should not interfere with access within the alley. Mr. Hudson suggested increasing the variance by the six spaces in the alley and, if they were not going to require the $1,200 fee, providing a green space and walk down area to the School Street lot. Mr. Allred asked for a clarification of the fee portion of the ordinance. Ms. Little explained the Commission could either charge the fee or could allow use of public parking spaces within 600 feet of the site. In response to a question from Ms. Johnson, Ms. Little stated the public lot to the north of Dickson was within 600 feet of the site. Mr. Hudson advised the lot to the west of Walton Arts Center was 585 feet. Mr. Nickle asked if there were adequate public facilities within 600 feet from the site for the requested waiver. Ms. Little stated there were but, under the current ordinance, they would be allowing those spaces for the subject use only. • Mr. Forney asked if the new owner of the gas station property would be using the 18 spaces on-site. Mr. Hudson stated the building and parking had been designed with joint use in mind. In response to a question from Mr. Odom, Ms. Little stated the money collected from the parking fee ($1,200 per space) went to an escrow account for the city and was used to develop parking within the same area in the future. She noted that, if the money was not used within 10 years, it was returned with interest to the person who paid the fee. Mark Sugg, an area resident, expressed his support for approving the waiver and the proposed usage of the subject property. He contended many of the patrons of businesses would walk rather than drive. He contended people did not go to Dickson Street because of the parking. He suggested a special parking ordinance be developed for the "Dickson Street Village." Ms. Johnson suggested placing signs on public parking lots to notify residents where free public parking was provided. Celia Scott-Silkwood, the adjoining property owner at 221 N. Locust, stated alley parking was not feasible. Further, she expressed concern regarding parking, shared trees, lighting, noise nuisance, and traffic. She also pointed out Locust was a one way street, causing further traffic problems. Stephen Miller, 228 Mill Avenue, stated he supported the project. Louise Schaper, 1940 Pratt Drive, stated she supported the project. Further she stated that there was a need for more crosswalks. • Richard Shoemaker, 603 Dickson, stated he supported the project and felt that "in lieu" fee levy discouraged business development. • Planning Commission Meeting April 24, 1995 Page 4 Dave Letch, an adjoining property owner, expressed support for the project. Ms. Johnson stated she preferred to waive a portion of the parking spaces and levy an "in lieu" fee. MOTION Commissioner Nickle made a motion to approve the parking waiver for 25 spaces subject to "in lieu" fee assessment or additional parking spaces if the parking lease expired at 310 W. Dickson, petitioner would provide access to the School Street lot, and appropriate signage be placed on all entrances and exits showing customers where space was available for parking, and adequate lighting in the alley. Ms. Britton asked if Mr. Nickle was allowing the 6 parking spaces in the alley. Mr. Nickle advised he was allowing three of those spaces. Mr. Head seconded the motion. AMENDED MOTION After further discussion, Commissioner Nickle amended the motion to 28 spaces waived subject to the same conditions and of a Bill of Assurance that, if the 17 spaces on leased property were lost, the applicant would come back before the Planning Commission. is Mr. Head seconded the motion. The motion passed 7-1-1, with Commissioners Britton, Harbison, Odom, Nickle, Head, Forney, and Allred voting "yes", Commissioner Johnson voting "no" and Commissioner Reynolds abstaining. • Planning Commission Meeting April 24, 1995 Page 5 NEW BUSINESS PUBLIC HEARING - REZONING R95-10 WILLIAM CRAFT - 2988 ANNE STREET The next item was a public hearing on a request from William Craft to rezone .57 acres from A-1, Agricultural to R-2, Medium Density Residential, for property located at 2988 Anne Street. Ms. Little recommended denial of the request but supported rezoning the property to R-1.5 to allow triplexes which would be compatible with the surrounding zoning. Discussion ensued regarding various options for constructing duplexes and triplexes on the subject property, future lot split options, and zones of surrounding property. Mr. Craft stated he wished to amend the request to rezone the property to R-1.5, Moderate Density Residential. MOTION Mr. Reynolds made a motion to approve the rezoning to R-1.5 to allow two triplexes. Mr. Allred seconded the motion. • The motion passed 8-1-0 with Commissions Harbison, Allred, Odom, Johnson, Forney, Nickle, and Head voting "yes" and Commission Britton voting "no". 40 • Planning Commission Meeting April 24, 1995 Page 6 CONDITIONAL USE 95-11 - HOME OCCUPATION - CHILD CARE KENT FIELDS - 3345 ESSEX DRIVE The next item was a request by Kent Fields to allow a home occupation for a child care facility at 3345 Essex Drive. The property is zoned R-1, Low Density Residential. Ms. Little recommended denial of the requested conditional use on the grounds that the expected number of children in the proposed facility would exceed the maximum allowance for home occupation - child care, exceeded useable square footage allowance. She also noted a problem with parking/drop off, and hours of operation. She advised staff did support the concept and suggested a smaller facility. Ms. Karen Elder, a resident of Essex Drive, stated she opposed the conditional use on the grounds that traffic was already a problem and a child care facility would make it worse. Further, she expressed her concern regarding decrease of property value. iV(011000NI Commissioner Head made a motion to deny the request Commissioner Reynolds seconded the motion. The motion carried with a unanimous vote of 9-0-0. I • Planning Commission Meeting April 24, 1995 Page 7 CONDITIONAL USE 95-12 - YOUTH SHELTER CAROL JORDAN - 405 E. PROSPECT (SE CORNER PROSPECT & WALNUT) The next item was a request by Carol Jordan to allow a child care facility/homeless shelter at 405 E. Prospect. The property is zoned R-1, Low Density Residential. Ms. Little explained the proposal was to establish a facility for homeless girls between the ages of 13 and 18 which would be licensed through the Department of Human Services for up to 6 residents. She advised the house was currently being rented by the petitioner. She recommended approval subject to the use of the site as a homeless shelter for a period of 180 days from the date of approval by the Commission; if the homeless girls had vehicles, a plan for their storage would need to be approved by the Planning Commission; no signs could be placed on the site advertising it as a youth shelter; the use would be limited to a maximum of 6 homeless girls; the number of employees would be limited to 2 outside employees; and no structural modifications such as additional kitchens or additional exterior doors from bedrooms would be allowed. Ms. Little distributed additional packet information including letters from Mr. Bond, Ken and Paula Ivey, Ernest and Pauletta Geren, and a copy of a petition signed by 23 neighborhood residents opposing the approval of the conditional use. Ms. Britton inquired as to the licensing status of the facility. Ms. Jordon stated she and her husband were currently renting the property and the • licensing status was conditional upon locating a structure to house the facility and approval by the City of Fayetteville. She reviewed their background and the reasons for making their request. Ms. Little stated the staff had received a letter from the Ms. Jordon's landlord stating she did not object to the proposed use of the subject property. Mr. Reynolds inquired as to their prior facility in Madison County. Ms. Jordon responded that they had met with opposition there and were unable to locate a facility in Madison County. Ms. Britton inquired as to the future plans after the 180 days had passed. Ms. Jordon responded it was their plan to move to a rural area. Ms. Johnson pointed out there had already been a conditional use granted for a child care facility at the corner of Fritz and Prospect. She advised she supported the concept but not in the subject area. Mr. Allred stated he did not support granting the conditional use based on traffic concerns and the potential for a decrease in property resale values. Mr. Reynolds stated he did not support granting the conditional use based on the concerns of the senior citizens in the area and the fact there had already been an approved conditional use for child care facility in the subject area. 0 1 Planning Commission Meeting • April 24, 1995 Page 8 Mr. Odom stated he did not support granting the conditional use based on the lack of support within the neighborhood. Mr. Nickle stated he did not support granting the conditional use based on the lack of support within the neighborhood. Mr. Head stated he did not support granting the conditional use. Ms. Evelyn MCNab stated she supported the proposal and had been working to locate a place for this facility. Roy Jordon, co -petitioner, expressed his disappointment in the lack of support for the project and, if the request was denied, it would make plans for the facility unfeasible at this time. Judy Vanatta, coordinator of Washington County Multidisiplinary Team, stated she supported the request on the basis that there was no facility to care for "at risk" teenagers. She explained that, since the facility closed in Pine Bluff, Arkansas, they had been mandated to provide for juveniles who were currently put into hotels and did not receive the guidance and support they needed. Stanley Bond, representing the area property owners, stated they were against the request because the area was a single family residential neighborhood and the proposed use of the property was not consistent. Mr. Bob Reed also spoke against approval of the request. • Discussion ensued regarding various options and agencies which the Jordan's might appeal to for assistance namely City Council Juvenile Concerns Committee and Washington County Juvenile Concerns Committee. MOTION Commissioner Nickle a motion to deny the conditional use. Commissioner Reynolds seconded the motion. The motion passed with a vote of 8-1-0 with Commissioners Britton, Odom, Reynolds, Johnson, Nickle, Allred, Head, and Forney voting "yea" and Commissioner Harbison voting "no". • Planning Commission Meeting is April 24, 1995 Page 9 OTHER BUSINESS Discussion ensued regarding revision and updating of the Planning Commission By - Laws. Commissioner Johnson stated she would get with Ms. Little to discuss the changes as required at City Council and set a meeting time. The meeting adjourned at 7:15 p.m. is 0