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HomeMy WebLinkAbout1996-02-12 MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION A regular meeting of the Planning Commission was held on Monday, February 12, 1996 at 5:30 p.m. in the City Administration Building, Room 219,113 W. Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: John Harbison, Jana Britton, Conrad Odom, Jerry Allred, Phyllis Johnson, Bob Reynolds, Gary Head, Charles Nickle, and John Forney. STAFF PRESENT: Jim Beavers, Alett Little, Rich Lane, and Janet Johns. Ms. Johnson explained that the Commission had established an Agenda Session wherein certain item were placed on a Consent Agenda with the understanding that the petitioner was in agreement with the conditions of approval. CONSENT AGENDA APPROVAL OF MINUTES OF JANUARY 22, 1996 Ms. Britton requested the Minutes be pulled from the Consent Agenda and further requested a correction to page 14. Minutes were approved as corrected. LS96-1 - J.E. LINDSEY FAMILY LTD. PARTNERSHIP S OF JOYCE, E OF HWY 71B The first item on the Consent Agenda was a lot split submitted by J.E. Lindsey Family Limited Partnership for property located south of Joyce Street, east of Highway 71 B and zoned C-2, Thoroughfare Commercial. The request splits the existing 3.0 acre tract into two lots of 1.66 acres (tract l) and 1.34 acres (tract 2.) Tract I includes the two-story office building constructed in 1995. Tract 2 is proposed for the one-story 7,000 square foot building. Staff recommended approval of the lot split subject to the following: Development of both tracts in conformance to with large scale development plans as approved on February 13, 1995 which approved common access off of Joyce Street. 20' easement for the water main installed on Tract I and for any water mains planned for Tract 2 by separate deed. VA96-3 - J & P UTILITIES 1325 PINE CREEK DRIVE The next item on the Consent Agenda was a request for easement vacation submitted by J & P utilities for property located at 1325 Pine Creek Drive. The request was to vacate two feet off of the west edge of the 25' utility easement of Lot 10, Willow Springs Addition, Phase 1, Fayetteville, Arkansas. Staff recommended approval of the vacation request subject to the following: Petitioner must furnish a legal description of the requested 154 square feet area which they are requesting be vacated. • Minutes of Planning Commission Meeting February 12, 1996 Page 2 CU96-5 - BILL AND SHARON STILES 117 W. ROCK STREET The next item on the Consent Agenda was the conditional use request submitted by Bill and Sharon Stiles for property located at 117 W. Rock Street and zoned R -O, Residential -Office. The request was for a Bed and Breakfast facility. Staff recommended approval subject to the following conditions: I. No signage be installed which is greater than 4 square feet in area. 2. Limit length of stay to 14 days. 3. Serve only breakfast and no receptions or parties would be allowed. 4. Submission of proof of inspection prior to opening by fire and building inspectors. 5. Compliance with Section 160.195 of the Fayetteville Zoning Code with respect to ingress, egress, and off street parking. CU96-7 - GARY SCARBOROUGH 601 LINDELL • The next item on the Consent Agenda was the conditional use submitted by Gary Scarborough for property located at 601 Lindell and zoned R-3, High Density Residential. The request is for a professional office in an R-3 zone. Staff recommended approval of the request subject to the following: 1. Leased office space limited to 10,000 square feet. 2. Any additional lighting be minimized and directed downward. 3. Compliance with Section 160.190 of the Code of Fayetteville. Mr. Greg Starland requested this item be pulled from the Consent Agenda for discussion. CU96-8 - CYNTHIA TUNE AND REGINA YOUNG 501 E. MAPLE The next item on the Consent Agenda was the conditional use submitted by Cynthia Tune and Regina Young for property located at 501 E. Maple Avenue and zoned R-1, Low Density Residential. The request is for a limited neighborhood commercial business in an R-1 zone. Staff recommended approval of the request subject to the following: I . Compliance with Section 160.195 of the Fayetteville Zoning Code regarding signage, screen, refuse and service areas. • • Minutes of Planning Commission Meeting February 12, 1996 Page 3 MOTION Mr. Head made a motion to approved the Consent Agenda with the exception of the Minutes of January 22, 1996 and CU96-7 submitted by Gary Scarborough which was removed by Ms. Johnson for discussion at the request of Greg Starland. Mr. Reynolds seconded the motion. Upon roll call the motion passed with a unanimous vote of 9-0-0. • • Minutes of Planning Commission Meeting February 12, 1996 Page 4 CU96-7 - GARY SCARBOROUGH 601 LINDELL The conditional use request was removed from the Consent Agenda by Ms. Johnson by a request from Greg Starland. CU96-7 was submitted by Gary Scarborough for property located at 601 Lindell for conditional use approval for a professional office in an R-3, High Density Residential zone. Staff recommended approval subject to the following: All leased office space limited to 10,000 square feet. 2. Any lighting should be minimized and directed downward. Compliance to section 160.190 of the Code of Fayetteville. Ms. Little stated the building would be owner occupied. She stated the second and third floors would be leasable office space with hours of operation from 8:00 a.m. to 5:00 p.m. She stated there were 33 parking spaces. Ms. Britton suggested that a time limit on the conditional use be established. Discussion ensued. Mr. Starland summarized that in light of the fact there would be only 24 offices he would support the request. • MOTION Mr. Allred made a motion to approve the conditional use request subject to annual renewal and if more than one written complaint was received in the Planning office the conditional use request would be brought back to the Commission for reevaluation. Ms. Britton seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. I • • Minutes of Planning Commission Meeting February 12, 1996 Page 5 NEW BUSINESS RZ96-4 - CLYDE WIDDERS JOE GASPARD - 3250 W. SIXTH STREET The first item of New Business was the rezoning request submitted by Joe Gaspard on behalf of Clyde Widders for property located at 3250 W. Sixth Street. The request was to rezone 1.73 acres from A-1, Agriculture to C-2 Thoroughfare Commercial. Staff recommended approval of the rezoning. Mr. Lane stated supplemental information had been distributed depicting the adjacent zoning. Ms. Britton stated she felt R -O zoning would be more appropriate for the subject tract in light of the 2020 General Plan policy regarding mixed use. Ms. Little stated the size of the tract would not allow development of an office park or shopping center and therefore staff recommended approval of C-2 to compliment the existing zoning. Discussion ensued. Ms. Britton stated she had a problem with the intensity of the zone, the access problem, and the creek on the subject property. Further she stated she would not support the request. Mr. Forney stated he would not support the request because it was not mixed use as directed by the General Plan • 2020. Mr. Harbison stated he would not support the request because it was inconsistent with General Plan 2020. Discussion ensued regarding whether or not mixed uses could be achieved on one area of land. Mr. Gaspard stated the prior use was a grocery store and he gave a brief history of the property and the owners of the said property. Mr. Nickle inquired if Mr. Gaspard would amend his request to C-1 zoning and Mr. Gaspard stated he would not because C -I would not allow alcoholic beverage sales. MOTION Mr. Head made a motion to approve the rezoning request subject to staff comments. Mr. Odom seconded the motion. Upon roll call, the motion passed with a vote of 5-4-0. Ms. Britton, Mr. Forney, Mr. Harbison, and Mr. Nickle voted against the motion. 19 • Minutes of Planning Commission Meeting February 12, 1996 Page 6 OTHER BUSINESS PARKING SUBCOMMITTEE REPORT After meetings with the Dickson Street Improvement District, the Fayetteville Chamber of Commerce, Downtown Fayetteville Unlimited, the Off-street Parking Improvement District #l, the Walton Arts Center, the City of Fayetteville's Traffic Superintendent, and other interested citizens and business owners, the Subcommittee made the following recommendation. "In (yet to be determined geographic boundary*), parking requirements are hereby waived for any existing building with a change of use. New construction and razed buildings shall conform to the parking requirements of the City of Fayetteville." *The proposed geographic boundaries include the following options: (1) C-3 and C-4 Zoning Districts, (2) Dickson Street Improvement Districts, and, (3) C-3/Dickson Street Improvement District Overlay. Mr. Harbison gave a report and he stated the existing uses were predominately food and entertainment and therefore most patrons visited more than one business in the area at a given time. He stated the various groups and citizens the Subcommittee heard from wanted to encourage development in the area and wanted to discourage tearing buildings down. Mr. Harbison stated the Subcommittee had a consensus on eliminating parking requirements for businesses which • require a change in usage and in the case of new businesses the public parking requirement would be eliminated. Ms. Johnson noted that lieu fees for waived parking requirements would remain in effect and also shared parking would remain in effect. Further she stated the Subcommittee had not achieved a consensus on boundaries. Mr. Allred inquired as to what would occur in the case of renovation of a building and how parking requirements would be determined. Mr. Harbison stated those specific issues would be addressed during the ordinance writing stage. Ms. Little stated that in the case of nonconforming structures, if more than 50% of value of the existing structure was added/renovated, the structure was required to meet the standards. Discussion ensued and Ms. Britton suggested that the square feet amount of the expansion/renovation would be the only part to meet parking requirements. Further discussion ensued. Discussion ensued regarding the various boundary options. Mr. Harbison stated that Option 1 (*see above) was simple and clear. Further he stated that the General Plan 2020 suggested the C-3 and C-4 zoning be combined. Regarding Option 2 (*see above) was a smaller area and gave the responsibility for parking lot development to the Dickson Street Improvement District. He stated the down side to this was the proposed boundary included residential zones as well as commercial zones. Regarding Option 3 (*see above) established the creation of an overlay district and the downside of the proposed option was that the boundaries were not clear. Discussion ensued. Mr. Nickle inquired if they could restrict Option 2 to include only C-3 zoning. Mr. Allred stated that would make parking the responsibility of the Dickson Street Improvement District and the taxes collected by the DSID would have to be used to create parking for the district. • Discussion ensued regarding the C-4 zoning and Ms. Little stated those use units could be required to obtain a waiver if they changed uses. • Minutes of Planning Commission Meeting February 12, 1996 Page 7 Ms. Johnson took a straw poll and the results were as follows: Option I (*see above) 6 in favor/2 opposed/I abstained Option 2 (*see above) I in favor/7 opposed/I abstained Option 3 (*see above) I in favor/7 opposed/I abstained Ms. Johnson requested a resolution be drawn by staff reflecting that the Commission's consensus. Discussion ensued regarding the Walton Arts Center parking lot and the development of parking in the area by the City. No action was required. Due to the timing of the recommendation, adequate public notice was not given for this meeting. The recommendation will be formally acted upon at the February 26 Commission meeting. r -I LJ • • Minutes of Planning Commission Meeting February 12, 1996 Page 8 ADDITIONAL STREET SLOPES Ms. Johnson stated that the information included in the packet should be retained by future information by the Commission. 10 40 • Minutes of Planning Commission Meeting February 12, 1996 Page 9 CIRCULATION NEEDS EAST OF HIGHWAY 71 B SUBCOMMITTEE REPORT Ms. Johnson stated the information included in the packet was for informational purposes only and no action would be taken by the Commission. She stated the Subcommittee was appointed at the first meeting of January and the agenda for that meeting contained two developments which were located on Mt. Sequoyah. Further she stated the information provided was inadequate to determine where additional connections, if any, might be placed and therefore the Subcommittee was appointed to look at topographical information. Mr. Nickle stated the Subcommittee met on February 5 and discussed a larger scale map compiled by staff. He stated the Subcommittee had identified points of public access including stub outs and private drives. He stated if the undeveloped or underdeveloped properties in the subject area remain unchanged, no connections would be required. Mr. Odom noted that the discussions of the Subcommittee in no way changed the Master Street Plan. CI 0 • Minutes of Planning Commission Meeting February 12, 1996 Page 10 GARAGE SALE ORDINANCE This ordinance was discussed at the Commission meeting of July 10, 1995 and again on January 22, 1996. Mr. Nickle commented regarding the number of signs allowed under the proposed ordinance. He stated he had received a call from a citizen who requested that more signs be allowed. Discussion ensued. Ms. Johnson conducted a straw poll on the number of sign allowed and following are the results: I sign 0 in favor/9 opposed 2 signs I in favor/8 opposed 3 signs 6 in favor/3 opposed Ms. Johnson stated the ordinance should allow one sign on site in addition to the three signs off site. Discussion ensued regarding tracking the garage sale permits. Ms. Britton suggested the sign reflect the permit number for tracking purposes. Discussion ensued regarding penalties and enforcement of the ordinance. Mr. Reynolds requested that a penalty/enforcement clause be added to the ordinance to enforce removal of the signs by 8:00 a.m. the following day or be fined $25 if city staff removes the sign. • Discussion ensued regarding designated sign locations. Ms. Johnson requested that the garage sale signs as well as political sign be precluded from posting in the right of way. Further discussion ensued regarding penalty/enforcement of same. Ms. Johnson inquired regarding the language of the proposed ordinance which allowed the sale of "new goods" and she requested that same be deleted. Due to the timing of the recommendation, adequate public notice was not given for the meeting and the proposed ordinance will be formally acted upon at the meeting on February 26. 0 • Minutes of Planning Commission Meeting February 12, 1996 Page I I Y Y:7:�►6Yf �►i;Y ru 1 � Ky: /:1►Y IkY�I Ti7i`►I:\i:C�TI This ordinance was discussed at the Commission meeting of July 10, 1995 and again on January 22, 1996 Ms. Little stated the ordinance was modeled after the State Act empowering the County to regulate transient merchants. Mr. Odom inquired as to whether or not Christmas tree sales were exempted and Ms. Little responded the following were exempt: garage sales, sales of crafts/handmade items, sales of agricultural products except nursery products and foliage plants, and sales by charities. Mr. Allred requested that the word "charities" be amended to "non-profit organizations." Discussion ensued regarding why agricultural products were excluded. Mr. Head inquired if firewood was excluded and Ms. Little responded that it was not excluded from governance by the ordinance. Ms. Little stated that Christmas trees were excluded so long as they were sold by nonprofit organizations. Ms. Little cited the changes as follows "On page 12.2, the definition of transient merchant, the last sentence, ... excluded are garage sales, sales at the Farmer's Market, and sales by nonprofit organizations." Discussion ensued regarding the affect the proposed ordinance would have on smokers such as the one located at the IGA and Ms. Little stated under the proposed ordinance those merchants are required to be located in a • permanent enclosed structure. Ms. Little stated additionally, the purse sales, windmill sales, painting sales, and t - shirt sales would be prohibited. Due to the timing of the recommendation, adequate public notice was not given for the meeting and the proposed ordinance will be formally acted upon at the meeting on February 26. Meeting adjourned at 7:25p.m. 0