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HomeMy WebLinkAbout1996-01-08 MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 8, 1996 at 5:30 p.m. in the City Administration Building, 113 W. Mountain, room 219, Fayetteville, Arkansas. MEMBERS PRESENT: Jerry Allred, Jana Britton, John Forney, John Harbison, Phyllis Johnson, Charles Nickle, Conrad Odom, and Bob Reynolds. STAFF PRESENT: Alett Little, Jim Beavers, Janet Johns, and Rich Lane. APPROVAL OF MINUTES Ms. Johnson requested changes to the minutes of the meeting held December 11, 1995 as follows: Page 2 - double check the vote for ordinance amending chapter 160 - Facilities Emitting Odors. Upon review of the voting log, the vote as written was correct. Notation should be made anytime a Commissioner leaves and same should be reflected in the minutes. 40 Planning Commission Minutes January 8, 1996 Page 2 OLD BUSINESS CU95-42 - DR. LUKE KNOX MARTIAL ART STUDIO - E OF CROSSOVER, S OF JOYCE The first item considered was the rehearing of conditional use request CU95-42 submitted by Dr. Luke Knox for a Martial Art Studio located east of Crossover Road, south of Joyce Street intersection. The applicant requested a rehearing because of "omissions and misunderstanding of certain facts regarding design, location and nature of project." At the December l 1, 1995 Planning Commission meeting, staff recommended approval subject to the following: 1. Signage in accordance with the sign ordinance. 2. Building height shall not exceed 30'. 3. All lighting be minimized and directed downward. 4. Compliance with the parking lot ordinance at time of large scale development. 5. Installation of appropriate screening to be decided at the time of large scale development. • 6. Compliance with Section 160.195. 7. Large scale development review which will assure compliance with the drainage ordinance and the tree ordinance. 8. 50' of screening along the right of way. (Note: this condition of approval was added during discussion at the meeting of 1/8/96.) At the prior meeting, the request was denied by a unanimous vote of 8-0-0. Ms. Little stated the applicant had provided drawings of the site for each of the commissioners. Consensus of the Commission was to rehear the conditional use request. Albert Skiles made a presentation regarding the importance of the site plans and stated only 1.5 acres of the tract would be developed with this project. Further he stated the building would not be visible from the highway and the ingress/egress point would be from the existing road. Ms. Britton inquired if the building would be setback 50' from the right of way and Mr. Skiles clarified it would be set back 85' from the centerline of the highway. Ms. Johnson inquired if the developer would be willing to provide view obscuring vegetation and guarantee same at large scale development and Mr. Skiles stated they would comply with the request. He noted that the property adjoining the subject tract (across the highway) had a wooden fence which would obscure the view as well. Ms. Little stated a legal description describing only 1.5 acres to be developed would be required. Planning Commission Minutes January 8, 1996 Page 3 MISSING • Planning Commission Minutes January 8, 1996 Page 4 NEW BUSINESS PP96-1 - MARVIN GARDENS, PH I ROBERT WESTPHAL - S OF MEANDERING, W OF CROSSOVER The next item on the agenda was the preliminary plat for Marvin Gardens, Phase I submitted by Jorgensen & Associates Engineering on behalf of Robert Westphal for property located south of Meandering Way, west of Crossover Road and zoned R-1, Low Density Residential and contains 10.024 acres with 27 proposed lots. Staff recommended approval of Marvin Gardens, Phase I subject to the following: I. Plat review comments, including all requested easements and crossings (please see plat review minutes of November 22, 1995. 2. Approval of the final drainage and grading plan(s) and drainage calculations. 3. Approval of the detailed plans, specifications, and calculations where applicable for all public improvements including water, sewer, streets, and drainage. Further, all street designs shall be in accordance with the City policy. 4. Addition of a permanent culdesac to the west. • 5. Addition of a temporary culdesac to the east with the requirement that a permanent culdesac be constructed within a two year period from the filing of the final plat if the property to the east has not been developed within the two year time frame. Additionally, the developer shall post a bond for construction of the permanent culdesac prior to the filing of the final plat. 6. Approval of the Final Tree Preservation Plan submitted with the final drainage/grading construction plan. 7. Construction of other required improvements, including sidewalks on both sides of all streets in accordance with City Ordinances, and street lights as shown and discussed at the plat review meeting. 8. The payment of Parks fees. Mr. Jorgensen stated they were in agreement with and would comply with the conditions of approval as set forth above. Ms. Little stated a concept plat had been provided as requested at Subdivision Committee. She noted the submission showed a connection with Ridgely Dr. to the south. Ms. Britton stated the plat did not meet the request of the Subdivision Committee because they had not changed the orientation of the subdivision as requested by the Subdivision Committee. Mr. Nickle requested the engineering report as also requested by Subdivision Committee. Mr. Beavers stated engineering did not support a connection of Shadow Ridge neither to the north at Meandering Way nor further south because of the topography. Discussion ensued regarding whether or not a connection could be made if streets were • constructed along the contour lines in a west to north direction rather than a straight west to east direct. Mr. Beavers stated that he felt that would require the removal of one or two home on Shadow Ridge. • Planning Commission Minutes January 8, 1996 Page 5 Mr. Allred stated the Subdivision Committee had asked that the development be re -engineered in a different configuration and suggested that the Commission send it back to Plat Review on those grounds. F6161 [i7.i Ms. Britton made a motion to have the preliminary plat for Marvin Gardens reconfigured to work with the topography and to include options regarding connectivity. Mr. Forney seconded the motion. Upon roll call the motion failed with a vote of 4-4-0. Allred, Harbison, Odom, and Reynolds voted against the motion. Mr. Jorgensen stated he was not aware the Subdivision Committee had requested that the phase of the subdivision had been required to be drawn differently and he stated that since the southern property line of Broadwalk was a straight line, it would be difficult to change the configuration of that phase of the subject plat. Discussion ensued. Mr. Forney noted that a "ditto process" seemed to be developing in the subject area and that the "ditto' worked against the topography. He further stated the engineers and developers looked at areas individually and it was the job of the Commission to look at the City as a whole. Mr. Nickle suggested connections at lots 15 and 16 and lots 24 and 25. • MOTION Mr. Odom made a motion to deny approval of the preliminary plat. Ms. Britton seconded the motion. Upon roll call, the motion passed with a vote of 7-1-0. Harbison voted against the motion. Mr. Fred Voysanger, who resides at 1315 E. Ridgeway Drive addressed the Commission and stated his intense displeasure with the repeated attempts by developers and the City to connect streets which would connect to Rockwood Trail. 0 • Planning Commission Minutes January 8, 1996 Page 6 CP96-1 - SEQUOYAH PRESERVE, PUD HIGHPOINT DEVELOPMENT - S OF OLD FARMINGTON, W OF HWY 71 The next item on the agenda was the concept plat for Sequoyah Preserve, a planned urban development, submitted by Carter Engineering on behalf of Dan & Deborah Coody for property located south of Lighton Trail, east and west of Rodgers Dr. The property is zoned R-1, and is a parcel of 7.51 acres with 10 proposed lots out of an approximate 30 acre total parcel. Staff recommended approval subject to the following conditions. 1. Resolution by the Planning Commission of a waiver of street width from 22' to 18' and of a trail in lieu of a sidewalk. 2. Resolution by the Planning Commission of street connections to the north and east. 3. Future plat review and subdivision committee comments concerning the preliminary plat. 4. Approval of the detailed plans, specifications, and calculations where applicable for all public improvements including water, sewer, streets, drainage, and tree preservations. • Ms. Johnson noted there was limited information provided to the Commission regarding street connections. Mr. Beavers stated traffic generation was not considered in the staff report. Ms. Johnson inquired as to the waiver which would be requested with the preliminary plat. (See handwritten list in concept file.) She stated the list included street width waiver and sidewalk waiver. Mr. Carter stated Parks and Recreation Advisory Board had approved the plat without sidewalks. Ms. Little noted that the minutes of the PRAB did not reflect they would accept and maintain the trails. Discussion ensued regarding the map on page 3.4 of the agenda packet which showed the location of the tract incorrectly. Discussion ensued regarding street connectivity. Ms. Little stated that private streets could be allowed only as long as they culdesac or loop and were no greater in length than 500'. She further stated that if a street connects two public streets, it must also be public. Mr. Nickle noted that a PUD was a private development to be maintained by the developer. Discussion ensued regarding the location of the 30' Lighton Trail right of way and present street location. Mr. Coody cited a Crafton-Tull engineering study regarding a possible connection over Mt. Sequoyah. He stated the study did not reflect that such a connection was feasible and Ms. Little stated that as she had explained to Mr. Coody before, that study was for a highway and not for a city street which would be feasible. Ms. Johnson noted the Master Street Plan did not reflect a street in the subject location. Ms. Little clarified that the • MSP only reflected streets designated as collectors and above. Ms. Johnson inquired to Ms. Little regarding the disadvantages of allowing private streets. Ms. Little stated that no • Planning Commission Minutes January S, 1996 Page 7 further connections could be required to them and no setbacks were required which would have a great impact on future development. Mr. Allred stated that it was his understanding that no approval was granted on concept plats due to the fact that no conditions were enforceable. Ms. Little stated the concept plat was for informational purposes and discussion. Mr. Nickle requested that the preliminary plat reflect various street connection options to the north. Mr. Coody presented a street map and intense discussion ensued regarding possible connections. Ms. Little stated the preliminary plat should reflect connection options to the north at Highway 45, to the south at Highway 16, and to the east at Crossover. Additional intense discussion ensued. Mr. Beavers stated City engineering would look at the feasibility of a connection to the north. Mr. Nickle requested that planning and engineering work together on the study. Intense discussion ensued and Mr. Coody stated that he was not sure as to how he should proceed with the project. Ms. Little stated that a preliminary plat needed to be submitted reflecting the connection options and accompanied by waiver requests. Dr. John Adkins, an adjoining property owner, stated street connections were not feasible due to the topography. No action or vote was taken by the Planning Commission and the applicant was instructed to work with staff to . indicate plans where connections could be made. Ms. Johnson deferred additional discussion until the preliminary plat public hearing. Mr. Harbison left the meeting. • Planning Commission Minutes January 8, 1996 Page 8 FP96-1 - HIGH POINT SUBDIVISION HIGH POINT DEVELOPMENT - S OF OLD FARMING RD, W OF HWY 71 BYPASS The next item on the agenda was the final plat for High Point Subdivision submitted by Engineering Design Associates on behalf of High Point Development for property located south of Old Farmington Road, west of Hwy 71 Bypass. The property is zoned R-2 and contains 3.03 acres with 12 proposed duplex lots. Staff recommended approval subject to the following: Plat review comments of December 14, 1995 and Subdivision Committee comments of December 21. 1995. 2. Payment of Parks fees in the amount of $5,760 (24 units @ $240.) All public improvements shall be complete and pass the City's final inspection, including all remedial work and punchlist items prior to the City Engineer's signing the final plat. MOTION Mr. Allred made a motion to approve the fmal plat subject to staffs conditions of approval as set forth above. • Mr. Reynolds seconded the motion. Upon roll call, the motion was approved by a unanimous vote of 7-0-0. • Planning Commission Minutes January 8, 1996 Page 9 FP96-2 - PINE CREST ADDITION, PH II BMP DEVELOPMENT - W OF SALEM, N OF ESSEX The next item on the agenda was the final plat for Pine Crest Addition, Phase 11 submitted by Northwest Engineers on behalf of BMP Development for property located east of Salem, north of Essex. The property is zoned R-1.5 and contains 14.50 acres with 49 proposed lots. Staff recommended approval subject to the following conditions. 1. Plat review comments of December 14, 1995 and Subdivision comments of December 21, 1995. 2. The developer shall furnish a copy of the protective covenants to the Planning Department. 3. Record and furnish a copy of the property deed to the Parks Department for the proposed 15.21 acres. 4. Furnish a plat of the park land. 5. All public improvements shall be complete and pass the City's final inspection, including all remedial work and punchlist items prior to City Engineer's signing the final plat. • Mr. Allred inquired as to whether the protective covenants and parks information had been submitted and Ms. Little responded that Planning was in receipt of the requested information. MOTION Mr. Reynolds made a motion to approve the final plat subject to the conditions of approval as set forth above. Ms. Britton seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 11 • Planning Commission Minutes January 8, 1996 Page 10 CP96-2 - ZION VALLEY ZION VALLEY LLC - S OF ZION, E OF VENETIAN LANE, W OF STEARNS The next item on the agenda was the concept plat for Zion Valley Addition, a planned urban development submitted by Northwest Engineers on behalf of Zion Valley LLC for property located south of Zion Road, east of Venetian Lane and west of Steams Street. The property is zoned R-2, Medium -density residential, and contains 27.72 acres with 102 proposed condominium units. Staff recommended consideration of the concept plat subject to the following. Resolution by the Planning Commission of street improvements and connections including any proposed revisions to the Master Street Plan. Specifically, staff recommended alignment of Vantage on the west property line, dedication of 30' right of way along the entire length of the west boundary for %2 of the future collector street, construction of a 22' street and a 5' sidewalk within the 30' right of way, payment for %: of a standard 31' street for the southern end of Vantage, dedication of 30' of right of way from the centerline of Zion, improvement of/2 of Zion to collector street standards including sidewalks, extension of Frazier to the "loop road", provision of 50' right of way at a southeast comer and provision of 25' right of way to the west, payment for construction of %z of Streans. 2. Future plat review and subdivision committee comments concerning the preliminary • plat. 3. Compliance with the requirements of the Parks Board which is likely to be a mandatory park land dedication. 4. Approval of the detailed plans, specifications, and calculations where applicable for all public improvements including water, sewer, streets, drainage, and tree preservation. Ms. Little stated the concept reflected the street running the entire length of the west property line as Subdivision Committee had requested. She stated the area was addressed by the master street plan and the connection as shown on the subject plat deviated somewhat from the MSP but the connection would be made and she had discussed same with Mr. Gray. Ms. Little stated the concept plat had not been to the PRAB because they would be unable to determine the location for park land with the street connection issues being determined. She stated the park land would be located on the eastern side of the property. Ms. Little stated the primary entrance should be off Vantage and not Zion Road. She stated there would not be a connection running east and west but Steams and Vantage would connect. Ms. Little stated the contribution for %, of the Vantage could be refunded after a period of time if there were not plans for the City to construct the remaining half of Vantage. Discussion ensued regarding the Steams connection. Ms. Little noted that while "neighborhood through traffic" from commercial developments was discouraged Steams was designated on the MSP as a collector. 0 Ms. Britton suggested a pedestrian access could be connected to the east to the possible park site. • Planning Commission Minutes January 8, 1996 Page 11 Mr. Nickle stated a 22' street would run to the south of the property. No action was taken on the concept plat and public discussion was deferred until preliminary plat public hearing. 0 40 Planning Commission Minutes January 8, 1996 Page 12 LSD96-3 - BEECHWOOD WAREHOUSES BILL LAZENBY - E OF BEECHWOOD, S OF 6TH The next item on the agenda was the large scale development for Beechwood Warehouses submitted by Jorgensen & Associates on behalf of Bill Lazenby for property located east of Beechwood, south of 6th Street. The property contains 8.98 acres and is zoned I-1, Light Industrial & Heavy Commercial. Staff recommended approval of the large scale development subject to the following: 1. Plat review comments, including all requested easements and street light requirements. 2. Improvement of the adjacent % of Beechwood to the standards 31' City street, including pavement, curb and gutter, storm drainage, and 5' sidewalk. 3. Staff approval of the detailed plans, specifications and calculations where applicable for all public improvements including water, sewer, streets, and drainage. 4. Approval of the Final Tree Preservation Plan, to include a mixture of tree species to be submitted with the final drainage/grading construction plans. MOTION • Mr. Allred made a motion to approve the large scale development plat subject to the conditions of approval as set forth above. Mr. Nickle seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. is • Planning Commission Minutes January 8, 1996 Page 13 PP96-2 - BOIS D'ARC, PHASE I (RESUBMITTAL) JULIAN ARCHER - E OF SANG, S OF CLEVELAND The next item on the agenda was the preliminary plat for Bois d'Arc, Phase I (resubmittal) submitted by Jorgensen & Associates on behalf of Julian Archer for property located east of Sang Street, south of Cleveland and zoned R-1, Low Density Residential. The property contains 14.5 acres with 10 proposed lots. Staff recommended approval of the plat subject to the following: 1. Plat review comments, including all requested easements, sidewalks, and street light requirements. 2. Staff approval of the detailed plans, specifications, and calculations where applicable for all public improvements including water, sewer, streets, and drainage. 3. Approval of a Final Tree Preservation Plan to be submitted with the final drainage/ grading construction plans. 4. Construction of the temporary culdesac to permanent street surface standards as deemed necessary by the City Engineer due to slope and drainage. 5. The temporary culdesac shall be removed and the street (Osage Bend) extended to Cleveland within 2-5 • years. 6. Approval of a final Tree Preservation Plan submitted with the final drainage/grading construction plans. 7. Construction of other required improvements, including sidewalks in accordance with City ordinances and street lights as shown and discussed at plat review. 8. The payment of Parks fees in the amount of $3,000 prior to filing of the final plat. Mr. Jorgensen stated he agreed to the conditions of approval. Ms. Little stated the plat was resubmitted because the developer wished to phase the project. She stated the current request was to construct a reduced width street and that the connection to Cleveland would not be made until Phase 1I. She requested the Commission determine what assurance, if any, they would require to allow the request. Mr. Jorgensen proffered a letter of credit to assure the completion of the connection to Cleveland within five years. Ms. Johnson inquired regarding the "meandering wall." Ms. Little stated is was not regulated because it was outside the right of way. MOTION Mr. Allred made a motion to accept the resubmitted preliminary plat subject to conditions of approval as set forth above and a letter of credit to assure connection within five years. • Mr. Reynolds seconded the motion. • Planning Commission Minutes January 8, 1996 Page 14 Discussion ensued. Ms. Britton made an amendment to the motion to accept the letter of credit to assure the connection within two years. Ms. Johnson seconded the motion. Upon roll call, the amended motion (2 year letter of credit) failed by a vote of 3-4-0. Allred, Forney, Odom, and Reynolds voted against the motion. Mr. Odom made an amendment to motion to accept the letter of credit to assure the connection within three years. Mr. Reynolds seconded the motion. Upon roll call, the amended motion (3 year letter of credit) passed by a vote of 6-1-0. Forney voted against the motion. Mr. Odom made a motion to approve the preliminary plat subject to conditions of approval as set forth above and contingent upon a letter of credit guaranteeing the construction of a connection to Cleveland within three years. Mr. Reynolds seconded the motion. • Upon roll call, the motion passed with a unanimous vote of 7-0-0. is • Planning Commission Minutes January 8, 1996 Page 15 LSD96-4 - MCILROY ATM MACHINE MCILROY BANK & TRUST - N OF HWY 16W, E OF SALEM The next item on the agenda was the large scale development for Mcllroy ATM submitted by SLM & Assoc on behalf of Mcllroy Bank and Trust for property located north of Hwy 16W, east of Salem Road. The property is zoned C-2 Thoroughfare Commercial. Staff recommended approval of the plat subject to the following. Plat review comments, including all requested easements, sidewalks, and street light requirements. 2. Staff approval of the detailed plans, specifications, and calculations where applicable for all public improvements including water, sewer, streets, and drainage. 3. Approval of a Final Tree Preservation Plan to be submitted with the final drainage/grading construction plan. MOTION Mr. Allred made a motion to approve the large scale development subject to the conditions of approval as set forth above. • Mr. Odom seconded the motion. Upon roll call the motion passed with a unanimous vote of 7-0-0. 0 Planning Commission Minutes January 8, 1996 Page 16 LSD96-5 - CHRISTIAN LIFE CATHEDRAL RED DIXON EVANGELISTIC ASSOC. - 1285 MILLSAP The next item on the agenda was the large scale development for Christian Life Cathedral submitted on behalf of Red Dixon Evangelistic Association for property located at 1285 Millsap Road. Staff recommended approval of the plat subject to the following 1. Dedication of the right of way necessary for an extension of a City street to the north and the exchange and dedication of rights of way at the southwest corner of the property as necessary to straighten out a potential 115 degree curve of a future City Street (the specifics to be determined prior to construction of the proposed development.) The proposed right of way for a stub -out to the north will be centered approximately 130 feet west of the property line and run north/northeast from the existing dedicated right of way to the end of the property. The exact location and dimensions shall be established by the property owner and engineering. 2. The proposed parking lot shall not encroach into the dedicated right of way. 3. The parking lot shall be designed and constructed in accordance with City ordinances. 4. Staff approval of the detailed plans, specifications, and calculations where applicable • for all public improvements including water, sewer, streets, and drainage. 5. Approval of a Final Tree Preservation Plan to be submitted with the final drainage/grading construction plan. 6. Approval of a parking waiver for 21 spaces. (This condition was included and granted per discussion and request of the Commission.) Discussion ensued regarding the connection to Sussex. Ms. Britton expressed concern regarding the street right of way location. The right of way which currently exists was granted as a condition of approval when the original church building was constructed. MOTION Mr. Odom made a motion to approve the large scale development subject to conditions of approval as set forth above which included granting of a parking waiver for 21 spaces. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. • Planning Commission Minutes January 8, 1996 Page 17 RZ96-1 - GARY STEARMAN MOORE LANE The next item on the agenda was submitted by Gary Stearman for property located on Moore Lane. The was a request to rezone approximately 3 acres from R-2, Medium Density Residential, to 1-1, Light Industrial and Heavy Commercial. Staff recommended denial of the rezoning as requested and suggested that a better plan would be to rezone to a less intensive C-2 designation. Under the C-2 designation the applicant would need to apply for conditional use to allow the proposed warehouse. Additionally, half of the subject property is in the overlay district and would therefore need to conform to those design standards [Section 160.048 (D)(1).] Mr. Chuck Trantham requested that his request be amended to reflect a C-2 zone instead of the I-1 zone. Mr. Lane informed the applicant that a conditional use application would be needed to request use unit 21 (warehousing and wholesale.) Ms. Britton expressed concern regarding the tract of C-2 zone property adjoining the subject tract. Discussion ensued. 161171Y[INI • Mr. Odom made a motion to approve the amended requested. Mr. Allred seconded the motion. Upon roll call, the motion passed with a vote of 5-2-0. Britton and Forney voted against the motion. • Planning Commission Minutes January 8, 1996 Page 18 RZ96-2 - JERRY AND MIKE SWEETSER E OF N COLLEGE, N OF TOWNSHIP The next item on the agenda was the request submitted by Jerry Sweetser for property located east of N. College, north of Township (2472 N. Shiley Drive.) The request was to rezone .315 acres currently zoned R-1, Low Density Residential to C-2, Thoroughfare Commercial. Staff recommended approval of the rezoning request. MOTION Mr. Allred made a motion to approve the rezoning request. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 6-1-0. Britton voted against the motion. CJ • Planning Commission Minutes January 8, 1996 Page 19 RZ96-3 - JERRY AND MIKE SWEETSER E OF N COLLEGE, N OF TOWNSHIP The next item on the agenda was the request submitted by Jerry Sweetser for property located 2472 N. Shiley Drive. The request is to rezone an adjacent .34 acre tract from R-3, High Density Residential to C-2, Thoroughfare Commercial. Staff recommended approval of the rezoning request. MOTION Mr. Nickle made a motion to approve the rezoning request. Mr. Odom seconded the motion. Upon roll call, the motion passed with a vote of 6-1-0. Britton voted against the motion. • • Planning Commission Minutes January 8, 1996 Page 20 CU96-4 - JERRY SWEETSER 2472 N. SHILOH The next item on the agenda was the conditional use requested submitted by Jerry Sweetser for property located at 2472 N. Shiloh Drive for warehouse use unit. Two rezoning requests were submitted in conjunction with the conditional use. Staff recommended approval subject to the following. 1. Rezoning the property to C-2. 2. Any proposed lighting will be directed downward, away from adjacent residential properties. 3. Vegetative screening is provided abutting residential properties. 4. Applicant provides assurances that there will be no commercial use of the structures without prior approval of the Planning Commission. Mr. Allred noted that condition of approval number one had been met. MOTION • Mr. Allred made a motion to approve the conditional use request. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 6-I-0. Britton voted against the motion. • Planning Commission Minutes January 8, 1996 • Page 21 VA96-2 - JERRY & ELIZABETH WATSON S OF HUNTSVILLE, E OF HAPPY HOLLOW ON JERRY AVENUE The next item on the agenda was the street vacation requested submitted by Jerry & Elizabeth Watson for property located south of Huntsville Road, east of Happy Hollow Road on Jerry Avenue. The request is to vacate the portion of Jerry Avenue which lies south of Helen Street. Staff recommended approval subject to the following. Dedication to the City of Fayetteville of a 20'eminent inent for the existing gravity and sanitary sewer for lot 10. 2. 20' easement dedicaticn to other utility lines in the subject area. Mr. Beavers explained there was an area of flood plain to the south which would not be developable and therefore construction of the street would not be necessary. Mr. Foster, representing the applicant, stat, d he would comply with the conditions of approval. MOTION •Mr. Reynolds made a motion to approve the street right of way vacation subject to the cunditions of approval as set forth above. Mr. Odom seconded the motion. Upon roil call, the motion passed with a unanimous vote of &I-0. Britton voted against the motion. 0 • Planning Commission Minutes January 8, 1996 Page 22 CU96-2 - JERRY & ELIZABETH WATSON S OF HUNTSVILLE, E OF HAPPY HOLLOW ON JERRY AVENUE The next item on the agenda was the conditional use requested submitted by Greg Foster on behalf of Jerry and Elizabeth Watson for property located on Helen Street (Lot 10, Blk 4 of Watson Addition) to allow duplexes. The property is zoned R-1, Low Density Residential. Staff recommended approval of the conditional use subject to the following. Approval of the VA96-2. All setback must be met and encroachment into the utility easements at lot 9 and 10 will not be allowed. Compliance with Section 160.195 of the Fayetteville Zoning Code with respect to ingress/egress, and off-street parking. Discussion ensued regarding whether or not sidewalks should be required as a part of the conditions of approval. Ms. Little stated that sidewalks were a part of the subdivision regulations and were only required if large scale development was requested or if a lot split (which is a waiver of subdivision regulations) was requested. MOTION isMr. Odom made a motion to approve the conditional use subject to the conditions of approval as set forth above. Mr. Allred seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 0 • Planning Commission Minutes January 8, 1996 Page 23 CU96-1 - CARMEN CULLEN 112 LAFAYETTE The next item on the agenda was the conditional use request submitted by Regina Young/Cynthia Tune on behalf of Carmen Cullen for property located at 112 Lafayette and zoned R-1, Low Density Residential. The request is for an accounting office in an R- I zone. This item was pulled from the agenda by the applicant. is 40 Planning Commission Minutes January 8, 1996 Page 24 LSD95-39 - CARMART BILL FLEEMAN - N OF HWY 629 The next item on the agenda was the rehearing of the large scale development for Car Mart. This item was placed on the agenda to discuss a request from the Arkansas Highway and Transportation Department regarding the 12' exit lane. The applicant requested that the plat be amended to reflect two 25' entrance/exit lanes. Discussion ensued regarding whether or not the large scale development plat should be reconsidered. Ms. Britton made a motion to deny the rehearing request. • Planning Commission Minutes January 8, 1996 Page 25 CU96-3 - GUIDO'S NORTH 318 W. DICKSON STREET The final item on the agenda was the conditional use requested submitted by Dee White on behalf of Tom Pearson and Guido's North Deli for property located at 318 W. Dickson Street. The request is for a parking waiver. Staff recommended approval of the waiver subject to payment of $28,800 as an in lieu fee. Ms. Little stated that this matter was called to the Planning Department's attention during discussion of another parking waiver request (K.D. Berger.) She stated a temporary Certificate of Occupancy had been issued due to incomplete information obtained from the building permit. Discussion ensued regarding the disposition of parking regulations in the Dickson Street Improvement Area. Mr. Odom stated the Parking Incentive Subcommittee was working on the matter and he stated a report of their finding would be made at the February 12, 1996 Planning Commission meeting. A representative of the Board for the Walton Arts Center addressed the Commission and stated they supported refurbishment of the Dickson Street are but they did not recommend granting of parking waivers. Mr. Richard Shewmaker addressed the Commission and he urged them not to required an in lieu fee for parking and grant the parking waiver. • MOTION Mr. Allred made a motion to extend the Temporary Certificate of Occupancy until February 15, 1996 and postpone discussion on the request until resolution of the parking issue in the Dickson Street area. Ms. Johnson seconded the motion. Upon roll call, the motion passed with a vote of 6-0-1. Reynolds abstained. The meeting adjourned at 10:25 p.m. 0 4, 1996 PLANNING COMMISSION MINUTES INDEX ADAMS, CHRIS AND TAYLOR, MARK (VA96-4) ADMIN. BUILDING FAYETTEVILLE PUBLIC SCHOOLS (LSD96-24) AFFORDABLE HOUSING ALBRIGHT, SPENCER AND MARTHA (LS96-12) ALLTEL MOBIL (CU96-28.00) AMENDMENT TO BYLAWS (PROCEDURE FOR REHEARING) AMENDMENT OF CHAPTER 160: DEV. & ARCH. DESIGN STANDARD AMENDMENT TO MASTER STREET PLAN AMENDMENT OF CHAPTER 160: UNDERGROUND UTILITES AMENDMENTS TO THE ZONING CODE APPOINTMENT OF PLANNING COMMISSIONERS APPOINTMENT OF THE NOMINATING COMMITTEE APPOINTMENT OF TRAILS ADVISORY COMMITTEE ARBY'S (LSD96-35.00) ARCHER, JULIAN (PP96-2) ARKANSAS BOOK SERVICE (LSD96-29) BASS, CLAIBOURNE (CU96-13) BEECHWOOD WAREHOUSES (LSD96-3) BILDERBACK, CALVIN (LS96-9) BILL KEATING-VACATION FOR GREEN ACRES AD COLT SQUARE (VA96-9) BMP DEVELOPMENT (FP96-2) BOIS DARC, PH I (RESUBMITTAL PP96-2) BRIDGEPORT ADDITION PH. II (FP96-4) BRIDGEPORT SUBDIVISION, PHASE III (PP95-24.10) BROPHY, KARYN (LS96-43.00) BYLAWS OF SUBDIVISION COMMITTEE (AD96-31.00) BYLAWS OF SUBDIVISION COMMITTEE (AD96-31.00) CAMPBELL SOUP PLANT EXPANSION (LSD96-6) CANTERBURY PLACE (RZ96-13) CANTERBURY PLACE (PP96-8.00) CANTERBURY PLACE REZONING CANTERBURY PLACE (RZ96-12) CARL CARPENTER MINI STORAGE (LSD96-9) CARMART (LSD95-39) CENTRAL EMS (CU96-11) CHARLESTON PLACE PUD (PP96-6.20) CHARLESTON PLACE, REHEARING (PP96-6.20) CHARLIE SLOAN-REZONING (RZ96-16) CHRISTIAN LIFE CATHEDRAL (LSD96-5) CHURCH OF LATTER DAY SAINTS (CU96-29.00) CIRCULATION NEEDS EAST OF HWY 71 82 161 296 98 338 24 213 35 223 176 209 69 209 320 12 240 118 11 97 236 12 99 227 303 374 377 50 148 385 190 148 22 138 322 395 232 15 340 47 _ COMBS, C.W. (VA96-5) 77 COODY, DAN & DEBORAH (CP96-1) 5 COUNCIL ON AGING (VA96-6) 78 COZART, DON (LSD96-7) 71 COZART, DON (LSD96-6) 64 CREEKSIDE PLAZA (LSD96-18) 123 CREEKSIDE PLAZA (LSD96-18) 137 CRYSTAL SPRINGS SOFTBALL FIELDS (CP96-9)(LSD96-11) 59 CULLEN, CARMEN (CU96-1) 21 DAVE LETSCH- RIGHT OF WAY VACATION 204 DAVID LYLE SUBDIVISION (FP96-13.00) 350 DEERFIELD PLACE-GORDON WILKINS (PP96-7.10) 279 DESIGN STANDARDS IN COMMERCIAL ETC. UDO COMMITTEE 180 DINGLEDINE, LINDA (LS96-11) 100 DOUBLETREE ESTATES PH. II (FP96-7) 106 EITER, ROBERT (CU96-27.00) 335 EITER, ROBERT (CU96-27.00) 348 ESTABLISHMENT OF AN AGENDA SESSION 30 EZELL, PHIL (LS96-44.00) 304 FAST TRAX #9 (LSD96-40.00) 389 FAYETTEVILLE SENIOR CENTER (CU96-15) 151 FAYETTEVILLE SENIOR CENTER (LSD96-23) 153 FERGUSON, DAVID (LS96-15) 140 -.` FERGUSON, PRESTON (LS96-40.00) 306 FIRST PENTECOSTAL CHURCH (LSD96-12) 66 FLEEMAN, BILL (LSD96-39) 22 FORD, LEWIS (RZ96-7) 119 GARAGE SALES ORDINANCE 57 GARLAND SQUARE APARTMENTS (LSD96-28) 229 GLENNWOOD SHOPPING CENTER (LSD96-25) 154 GLENNWOOD SHOPPING CENTER (AD96-30.00) 368 GLENWOOD SHOPPING CENTER (CCP96-1) 145 GORDON WILKINS- CONDITIONAL USE FOR DUPLEX (CU96-21) 282 GUIDO'S NORTH (CU96-3) 23 HABITAT FOR HUMANITY (LS96-38 & CU96-19) 234 HANK'S FINE FURNITURE (LSD96-21) 131 HANNA'S WAREHOUSE (LSD96-38.00) 381 HERITAGE VILLAGE, PH.II (PP96-5) 168 HIGHPOINT DEVELOPMENT (FP96-1) 7 HIGHPOINT SUBDIVISION (FP96-1) 7 HILAND DAIRY 112 HILLSIDE MANAGEMENT AND PROTECTION 302 HOLCOM, FRANCIS (CU96-12) 117 J&P UTILITIES (VA96-3) 39 JAMES WETWISKA - EASEMENT VACATION (VA96-11) 250 I KIDDER, LEE W. (RZ96-5) 83 KMA BUSINESS CENTER (LSD96-15) 122 KNOX, DR. LUKE (CU95-42) 2 LALEH AMIRMOEZ (AD96-21) 212 LANDSCAPING IN UTILITY EASEMENTS -BETH SANDEEN 178 LAZENBY, BILL (LSD96-3) 11 LEWIS BROTHERS LEASING CO (LSD96-30) 250 LINDSEY, J.E. FAMILY LTD PTR (LS96-1) 39 MARKET COURT (LSD96-8) 72 MARVIN GARDENS PH. I (PP95-23.2) 146 MARVIN GARDENS- ROBERT WESTPHAL (PP95-23.4) 285 MARVIN GARDENS, PH I (PP96-1) 3 MATHIAS, SAM (LS96-2) 72 MAYOR'S PRESENTATION OF AWARD TO OUTGOING COMMISSIONERS 56 MCILROY ATM MACHINE (LSD96-4) 14 MCILROY BANK & TRUST (LSD96-4) 14 MELANIE STAFFORD- REZOING (RZ96-15) 233 MERRYSHIP, R.J. (CU96-10) 115 MERRYSHIP, R.J. (LS96-10) 113 MERRYSHIP, R.J. (RZ96-8) 115 MOLLY COURT, PHASE II (PP96-17) 171 MUGGY -THOMAS AND KAYLE, DAYCARE (CU96-16) 210 NELMS AUTO PLAZA (LSD96-13) 61 NELMS AUTO PLAZA (LSD96-13) 79 NEW SCHOOL ADDITION (LSD96-39.00) 379 NORTHWEST VILLAGE (LSD96-1) 51 NORTHWEST VILLAGE (VA96-1) 51 NORTHWEST VILLAGE (LSD96-1) 54 NORTHWEST ARKANSAS MALL (VA96-7) 130 OGDEN, JOYCE (RZ96-18.00) 333 OGDEN, JOYCE (RZ96-18.00) 344 ORDINANCE REGULATING GARAGE SALES 27 ORDINANCE REGULATING SUBDIVISION ENTRYWAYS 36 ORDINANCE FOR UNDERGROUND UTILITY FACILITIES 188 ORDINANCE FOR PARKING LOTS 187 ORDINANCE REGULATING TRANSIENT MERCHANTS 49 ORDINANCE REGULATING GARAGE SALES 48 ORDINANCE REGULATING DESIGN STANDARDS 32 ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES 28 ORDINANCE AMENDING §159.34 (GUARANTEES IN LIEU OF INSTALLED ORDINANCE AMENDING § 161 (STREET CLEANUP) 34 ORDINANCES UNDER CONSIDERATION AS OF 1/22/96 33 OVERCREST COURT (AMBERCREST COURT & CHARLESTON PL (CP96-3) 164 PARKING SUBCOMMITTEE REPORT (PARKING WAIVERS IN C-3 & C-4) 44 PARKING SUBCOMMITTEE REPORT (PARKING WAIVERS IN C-3 & C-4) 52 PATRICK TOBIN - REZONING (RZ96-17) 260 PINE CREST PH.III (FP96-5) 103 PINECREST ADDITION, PH II (FP96-2) 8 PLANNED ZONING DISTRICTS 300 PROCTOR AND GAMBLE- CROMWELL AND ASSOC. (LSD96-32) 269 PROPOSAL TO LIMIT ROADWAY CONNECTIONS ACROSS MT. SEQUOYAH 37 PROPOSAL TO LIMIT ROADWAY CONNECTIONS ACROSS MT. SEQUOYAH 47 RABEN MEDICAL BUILDING (CU96-14) 143 RABEN MEDICAL BUILDING (LSD96-22) 144 RED DIXON EVANGELISTIC ASSOC. (LSD96-5) 15 RICHARD SHEWMAKER- CONDITIONAL USE FOR DANCE HALL (CU96-24) 262 RIDGELY, MANOR AND CROSSOVER- DRAINAGE PROJECT 294 ROBERT MCNEESE- CONDITIONAL USE 264 ROSEANNE LEVERICH- CHILD CARE (CU96-22) 238 SAGELY, TONY AND LISA (RZ96-6) 85 SAVANNA ESTATES PH. IV (FP96-5) 105 SCARBOROUGH, GARY (CU96-7) 40 SCARBOROUGH, GARY (CU96-7) 42 SECOND CENTURY INVESTMENT (LSD96-1) 54 SECOND CENTURY INVESTMENTS (LSD96-1) 51. SECOND CENTURY INVESTMENTS (VA96-1) 51 SEQUOYAH PRESERVE, PUD (PP96-3) 127 SEQUOYAH PRESERVE, PUD 133 _SEQUOYAH PRESERVE, PUD (PP96-3) 124 SEQUOYAH PRESERVE, PUD (CP96- 1.). 5 SEXUALLY ORIENTED BUSINESSES 298 SIMS, WANDA (LS96-13) 111 SPENCER ALBRIGHT-RIGHT OF WAY VACATION (VA96-10) 246 STAFFORD, MELANIE (LS96-45.00) 305 STEARMAN, GARY (RZ96-1) 16 STILES, BILL & SHARON (CU96-5) 40 SUNBRIDGE CENTER- DICK KEATING (LSD96-31) 269 SUNBRIDGE EAST (FP96-3) 55 SWEETSER, JERRY (CU96-4) 19 SWEETSER, JERRY & MIKE (RZ96-3) 18 SWEETSER, JERRY & MIKE (RZ96-2) 17 THORN, JOHN (VA96-12.00) 379 TRANSIENT MERCHANTS ORDINANCE 58 TUNE, CYNTHIA & REGINA YOUNG (CU96-8) 40 TURNER, RUTH (LS96-7) 110 TURNER, RUTH (LS96-7) 108 U OF A FOUNDATION (FP96-3) 55 ULRICH, TRAVIS AND ANITA (LS96-3) 68 UNIFIED DEVELOPMENT ORDINANCE 29 UNITARIAN UNIVERSALIST (LSD96-34.00) 314 VILLAGE SHOPPING CENTER, SIDEWALK REQUIREMENTS(AD96-20) 224 WAL-MART (LSD96-37.00) 354 WANDA SIMS- CONDITIONAL USE DUPLEX (CU96-17) 261 WARREN BEARD- CONDITIONAL USE FOR TANDEM LOT (CU96-20) 235 WATSON, JERRY & ELIZABETH (CU96-2) 20 WEDINGTON PLACE -FINAL PLAT (FP96-12) 271 WESTFIELD ADDITION (PP96-2) 76 WESTPHAL, ROBERT (PP96-1) 3 WIDDERS, CLYDE (RZ96-4) 43 WILKINS, GORDON (RZ96-9, RZ96-10, RZ-11) 120 WRMC DIALYSIS CENTER (LSD96-33.00) 310 WRMC DIALYSIS CENTER (LS96-47.00) 309 YORKTOWNE SQUARE, PH. II (FP95-15.1) 142 YOUNG, REGINA & CYNTHIA TUNE (CU96-8) 40 ZION VALLEY, PUD (PP96-4) 135 ZION VALLEY LLC (CP96-2) 9 ZION VALLEY (CP96-2) 9 f • BYLAWS CITY OF FAYETTEVILLE PLANNING COMMISSION (As revised and adopted May 6, 1995) 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 (3) consecutive regular meetings, except in case of illness or extraordinary circumstances, shall tender his resignation. ARTICLE II. OFFICES A. The chairman shall appoint three (3) members from the Planning Commission to serve as a nominating committee for the positions of chairman, vice-chairman and secretary. The nominating committee shall present its slate to the Planning Commission who shall elect, by secret ballot, the chairman, vice-chairman and secretary annually at the first regular meeting in the month of April. An officer of the Planning Commission may serve in any one position for no more than two consecutive terms. 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 chairman (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 chairman'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 planning staff of the City of Fayetteville shall be responsible for the minutes of every meeting, shall send out mail notice of regular meetings of the Planning Commission at least four days in advance of the meetings, shall give all telephone notice of special meetings, and shall carry on routine correspondence and maintain the files of the Commission. All notices of public hearings and similar notices requiring th � legal publication shall be signed by a member of the planning staff of the City of Fayetteville. F. Should any unusual circumstance er wt t the elF,ction of officers at the regular annual meeting, officers shall serve until their successors are elected. 0 • ARTICLE III. MEETINGS A. All meetings of the Planning Commission shall be public and no meeting can be held without full compliance of the Freedom of Information Act. B. The regular annual meeting of the Planning Commission shall be held at the fust meeting of the month of April each year, at 5:30 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. C. The regular meetings of the Commission shall be held at 5:30 p.m. on the second and fourth Mondays of each month. Mail notices of such meetings shall be given at least four days in advance of each such meeting. D. 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. E. A quorum shall consist of five members. No formal business may be conducted without a quorum and no vote shall be cast by proxy. • F. 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 d. Amendments of the Planning Commission Bylaws. 2. A simple majority of those present (assuming a quorum) shall be needed for adoption of any other motions. An abstention from voting on a matter by a commissioner shall not be construed as a vote either for or against the matter under consideration. G. The order of business at all regular meetings shall be as follows: Reading of minutes of previous meeting (except reading of minutes may be dispensed with by unanimous vote or copy of minutes as mailed to Commission members may be approved without reading); 0 • 2. Unfinished Business 3. New Business; and 4. Other Business. H. Public hearings shall be conducted formally, and the chairman shall make all rulings and determinations regarding the admissibility of evidence; the scope of the inquiry; the order in which evidence, objections and arguments shall be heard; and other like matters, except that when in doubt, he may refer to staff, the city attorney, or to any member with knowledge of the problem. Any member shall be privileged to make inquires 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. Official action shall be taken only in regular or special session of the Planning Commission. I. A rehearing shall be called for only if there was a factual error, omission or oversight in the first consideration or at the request of the City Council. A request for a rehearing must be made in writing and must state the factual error, omission or oversight asserted as the basis for a 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 otherwise 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 remarks 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. Commissioner 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 Commission. K. All submittals for hearings regarding jurisdiction of lands shall be by the owner thereof or a duly authorized representative. L. All meetings shall be conducted according to Robert's Rules of Order. ARTICLE IV. COMMITTEES A. The Planning Commission may establish such standing or special or advisory 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 Commission shall be named as chairman, either active or ex -officio, or 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. A Subdivision Committee consisting of at least three Planning Commissioner shall serve as a standing committee that review development items after Technical Plat Review and makes • recommendations to the Planning Commission. The developer is required to give notice to adjacent property owners and provide proof of same to the Planning Administrator at least seven days prior to the Subdivision Committee meeting. The Subdivision Committee shall approve, disapprove, refer back to the developer for more information, or refer to the Planning Commission development items. 2. For final approval, it shall require a unanimous vote of the total membership of the Subdivision Committee to carry the following items: a. Large Scale Developments b. Lot Splits C. The right to have a rehearing before the full Planning Commission. d. Final Plats e. Sidewalk variances for projects other than large scale developments or subdivisions. 3. No development item can receive final approval at Subdivision Committee level if waivers are being sought. Any development with a waiver request (except for sidewalk variances) must be forwarded to Planning Commission. All preliminary plats shall be referred to the Planning Commission for action. • D. No member of the Planning Commission shall be required to serve on more than two committees. n U ARTICLE V. RECORDS The Planning Staff of the City of Fayetteville shall maintain a file of studies, plans, reports and recommendations made by the Planning Commission in the discharge of its duties and responsibilities. ARTICLE VI. ADMINISTRATION OF THE COMPREHENSIVE PLAN AND ZONING ORDINANCE 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: 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. If there is a proposed subdivision within a one -mile radius of the parcel for which the preliminary plat has been approved, the vicinity map should show the streets in the proposed subdivision. A map indicating the planned land use and public facilities in the area as indicated in the comprehensive land use plan; and 4. A staff report from the City's planning consultant, staff planner or City Manager containing the following information. a. General Information The name of the applicant The nature of the proposed rezoning and a brief description on the property. b. Findings of the Staff A determination of the degree to which the proposed zoning is consistent with land 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. CI • • 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger an congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services 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: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. 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. Recommendations 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 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 the City of Fayetteville, Arkansas, on the day of _ Mjqy 11996. ATTEST: ADOPTED: November 11, 1959 REVISED: January 16, 1962 February 16, 1965 May 6, 1969 SECRETARY ® February 6, 1973 March 6, 1973 January 27, 1976 February 28, 1977 November 1, 1977 April 24, 1978 December 12, 1983 September 22, 1986 November 25, 1991 May 22, 1995 May 6, 1996 C S I qQ(40 vo4�Ny Los s E • 71dAWil 6WWjW4So VOTING LOG FOR 181% smomrimelmlim Z � /ov W J2 i 9-4-0 4-4-0 nr=�. Ai�vca� -roomy MOTION�� SECOND N�fYJ� ALLRED BRITTON \� FORNEY HARBISON A HEAD A- JOHNSON p NICKLE 7 ODOM PCL REYNOLDS P Y Fnu [rl FAw: _ 9-4-0 4-4-0 nr=�. Ai�vca� -roomy • VOTING LOG FOR 8 96 I:TE:rn 5 S-rtm 6 TrL-m 7 MTem 8 N N m N q MOTION A lL� �NGICb SECOND rk ��W I �W n I IC �A'N I� 2 ALLRED BRITTON FORNEY ILARBISON HEAD /I JOHNSON yk \ f v NICKLE U ODOM A REYNOLDS ��� qv� A • \J VOTING LOG FOR 1 /9(. 10 2Tem ll _, STm l2 i M Q?� N AY � Alm J A IN& iii ���:i� 4/ :� ♦��.iM Mile, was .i 0 v 16W ILW / v MOTION /rte cmm ,m Aim) �(caE A , P,P SECOND1 Aum. 1/ ows cC _ m � ALLRED \/ Y \/ BRITTON I I FORNEY HARBISON HEAD JOHNSON Y NICKLE ODOM REYNOLDS A IN& iii ���:i� 4/ :� ♦��.iM Mile, was .i 0 f VOTING LOG FOR --- --- ITEM 14 ..1TErn 15 Tran IC Irem 17 3 3 � e r Aj � ,�,9 Q G J � V U MOTION ? ,wug SECOND ALLRED N BRITTON FORNEY HARBISON HEAD JOHNSON NICKLE ODOM �% N REYNOLDS. IV ISN[FN LeF�- i i r -7 n Zj� Go AP-1,J - v li � pC1�1� ���Ncr 111 • • VOTING LOG FOR 1/2Z /Q(� 3 MOTION 1315AVE" LANE, NICICt r= SECOND LITTLE, Tr)HNS, +S4MOEEN 0EAD OCcrn ALLRED BRITTON I Kt ��JT ES r�S FORNEY HARBISON Y�S VIE-> r � HEAD I" / es AE�T,wm JOHNSON (/P ES r�s Q NICKLE YES �S ODOM R L -U > v� \/6s REYNOLDS Q �% Esy 7 �.� • 0 VOTING LOG FOR ( vo 4 i .I '• i .f he `��/ fl?l`l@11:3y&;Z- 0m% MOTION SECOND 8 ALLRED BRITTON v FORNEY 7- HARBISON _ v HEAD � r" T T T JOHNSON NICKLE T ODOM to 7 - REYNOLDS C� J PLANNING UX MIS50N VOTING LOG FOR Z/lz hyo 4!� &V V MOTION LnTLE CC�(C� Nip Au� Nam SECOND JOft1�L5 �NOLC6 -rrra� � � (uV ALLRED �6 BRITTON FORNEY 6 \/25 HARBISON HEAD yes JOHNSON CAI \ � \/ems \I NICKLE ODOM REYNOLDS �Es yes; • • lham c, CommisDoN VOTING LOG FOR Z ZG /% M0TION u-rn�E LAME Hip mica / w?jam SECOND NS 7_ .� He Rio ACCRED BRITTON FORNEY I1� � S HARBISON r \/ ES HEAD JOHNSON �� Ves NICKLE I p1 rrrr �% Yes ODOM / es AKIN AasrpAN REYNOLDS Rn2�sET yEs AesTNN Arz�sm • PLANNING COMMISSION VOTING LOG FOR MARCH 11, 1996 0 CI l Attendance STABFUTFL6 LANE 36A%j n JOHNS Consent Agenda PP96-2 David Lyle, 11 "'/Camme';z t CC(Toj u (231, MOTION CouwN NEPo IcvL(a SECOND nom® ODOm JOHNSON HEAD Ye5 \ / ALLREDT / �5 FORNEY iE1JT \/E!5 HARBISON ftespJT \% ODOM A�-A(N REYNOLDS PIE!t2se'[T \/L NICKLE YES BRITTON��I� l • PLANNING COMMISSION VOTING LOG FOR MARCH 25, 1996 • 0 Attendance Approval of Minutes Garage Sale Ord. Transient Merchants Ordinance MOTION srAFF: UITLE LAME, MI - W SgtJ01 �&T K pts; - NO Z° DISreICT AVE �C SECONDAr'emDED LU f ZNwLc6 at FFmcK HRP JOHNSON \/ \ /t:s y HEAD LVED YI y� ALLRED �E�rr y \k FORNEY � 6 yr=S YP� YE5 HARBISON ih__ _ D4 k VES y ODOM yes yes REYNOLDS NICKLE flKK�� _—� tt'' \'� 1 YES y� BRITTON Y YES ��� • PLANNING COMMISSION VOTING LOG FOR MARCH 25,1996 • • so, warveu N 0mpLny + Stot=s '- P2tvA?E- CU96-6 Crystal Spr. LSD96-11 Crystal Spr. 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KI \/ v • PLANNING COMMISSION VOTING LOG FOR 8 A,� ►44� • 0 �z4G-5 �2 MOTION Coca) SECOND JOHNSON HEAD \/ ALLRED V FORNEY HARBISON ODOM REYNOLDS V SUGG TUCKER 7 r • PLANNING COMMISSION VOTING LOG FOR 4 /Zz l% • 11 • s ATraD"CE APPq3VAL_ 6F 418 13�LAW AryEjQD Ansa marrs DESGfJ mWsls ALL �. aG',=5Mp AND SiAN1D41 (AAuim is VGM aF IML Mena. 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