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HomeMy WebLinkAbout1998-01-26 Minutes370- 2. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Planning Commission was held January 26, 1998 at 5:30 p.m. in Room 219 of the City Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Conrad Odom, Phyllis Johnson, Lee Ward, John Watkins, Gary Tucker, Lorel Hoffman, Bob Reynolds, Bob Estes, and John Forney. STAFF PRESENT: Alett Little, Jim Beavers, Tim Conklin, Dawn Warrick, and Heather Woodruff. ITEMS REVIEWED: 1. AD 98-3.00: Charleston Place Street Design Variance 2. VA 98-1.00: Arkansas Book Service 3. CU 98-3.00: Parks and Recreation Division 4. AD 98-1.00: Amendment/Transient Merchants APPROVAL OF THE MINUTES The minutes were approved as corrected. CONSENT AGENDA ACTION TAKEN Approved Approved Approved No Action Taken AD 98-3.00: ADMINISTRATIVE ITEM (CHARLESTON PLACE STREET DESIGN VARIANCE) GREG HOUSE -E. OF OLD WIRE & SOUTH OF ELMWOOD DRIVE The variance request was submitted by Tom Hennelly of Jorgensen and Associates on behalf of Greg House for property located east of Old Wire Road and south of Elmwood Drive. The property is zoned R-1, Low -Density Residential. The request is a variance of the street standards to allow a street grade of 5% for 71.5' of Cypress Lane at Amber Drive. The engineer, David Jorgensen, and the developer, Greg House, request a variance from the street design standards of the subdivision regulations for the intersection design of Cypress and Amber Drive in Charleston Place PUD. Specifically, Jorgensen requests a street grade of 5% for 71.5 feet for the grade of Cypress coming onto Amber. The street design standards required a 4% maximum grade for the first 100 feet of the intersection. The street design standard of 4% maximum was adopted by ordinance in 1976 (refer to 159.50 of the Subdivision Regulations) The previous, and the current revised street standards, are a segment of the subdivision regulations. Section 159.46 (variances) of the subdivision regulations • • • Planning Commission Meeting January 26, 1998 Page 2 states that it is the Planning Commission, not staff, which has the authority to grant a variance to the design standards. The Engineering Division supports the applicant's request for this specific variance. Recommendation: Approval of the requested variance. • • Planning Commission Meeting January 26, 1998 Page 3 VA 98-1.00: EASEMENT VACATION (ARKANSAS BOOK SERVICES) ARKANSAS BOOK SERVICES- N. OF POINT WEST DRIVE & W. OF SHILOH DR. The vacation request was submitted by Architectural Construction, Inc. on behalf of Arkansas Book Services for property located north of Point West Drive and west of Shiloh Drive. The property is zoned I-1, Heavy Commercial -Light Industrial. The requested vacation is to abandon an existing sanitary sewer and 25 ft. easement which will be replaced in the construction of the new building. The application required approval from the utility companies and the City's Water/Sewer, Street, and Sanitation Divisions. The file contains approvals from: SWEPCO-No objections. Arkansas Westem Gas -No objections. SW Bell- No objections. TCA Cable- No objections City of Fayetteville: • Streets- No objections. Water/Sewer- No objections subject to condition of proper abandonment of the existing line. Sanitation- No objections. • Recommendation: Approval of the requested vacation subject to the conditions of the Water/Sewer Division. There was no public comment. MOTION Ms. Johnson moved to approve the consent agenda. Mr. Reynolds seconded the motion. The motion carried by a vote of 9-0-0. • • Planning Commission Meeting January 26, 1998 Page 4 NEW BUSINESS CU 98-3.00: CONDITIONAL USE (PARKS & RECREATION DIVISION) PARKS & RECREATION DIVISION -NE OF BLOCK & 13TH STREETS The conditional use was submitted by Richard Alderman of Wittenberg, Delony & Davidson on behalf of the Parks & Rec. Division for property located at the NE corner of Block and 13th Streets. The request is for a parking lot in residential zone to serve a use in a non-residential zone. The property is zoned R-2, Medium Density Residential and contains approximately 1.43 acres. Recommendation: CU 98-3.00: Staff recommends approval contingent upon the following: 1) Compliance with § 160.195, Conditions goveming applications of conditional uses; procedures, of the zoning code. Mr. Rich Alderman stated this was a continuation of the 1997 improvement work for the Parks Department. A parking lot was planned for the corner of 13th Street and Block Street which was across the street from the main part of Walker Park. He had worked with the city's staff on the design of the parking lot. He added a tree preservation area had been created along one side of the parking lot. Connections had been made to the existing streets and trials and additional landscape islands had been planned. There was no public comment. Ms Johnson noted the parking lot, which would serve more than 100 cars, was located within the park. She felt the parking lot would help alleviate some of the on -street parking problem. She felt the public would be serviced by the additional parking. She did not believe the adjacent property owners would be inconvenienced by the lot, because it was located in the center of the park. MOTION Ms. Johnson moved to approve the item. Mr. Ward seconded the motion. The motion carried by a vote of 9-0-0. • • • Planning Commission Meeting January 26, 1998 Page 5 AD 98-1 00• ADMINISTRATIVE ITEM (AMENDMENT REGARDING TRANSIENT MERCHANTS) Distribution of Resolution by City of Fayetteville Planning Commission to initiate an amendment to the zoning code to regulate transient merchants. Mr. Odom stated there would be no public comment on the item. Mr. Reynolds stated Mr. Rose, the City Attorney, had requested the Commission to look into the issue further. He explained all of Fayettevill's sales taxes were first sent to Little Rock then was distributed back to Fayetteville. The city had no way of knowing who was paying taxes and who was not or how many permits the County was issuing each year for transient merchants. Ms. Little had requested a member of the County staff to be present at the next meeting. He asked for the item to be placed on the next meeting. Mr. Odom asked for the Transient Merchant item be placed first on the next agenda. Ms. Little explained the packet distributed was the last version of the ordinance taken to City Council. The proposed ordinance required all transient merchants to obtain an occasional use permit, which would be issued through the Planning Office There would be a $100 fee. The merchant would have to present proof of a State Sales Tax permit, a County Transit Merchant Licence and authorization from the property owner to locate on property. Transient merchants could not locate closer than 150 feet to the nearest dwelling unit. They were not to locate in one location more than four times per year. Those events would need to be separated by three calendar months. Transit merchants could not offer goods for sale more than 14 days. A sign would be allowed. Garage sales, Farmer Market, and non-profit organizations were exempted from the ordinance. There was a state law which exempted all agricultural products. Referring to the State law, Ms Little stated it was the duty of the County Sheriff and other law enforcement officers in each county to enforce the ordinances. The County handled the administrative portion of the ordinance, but they did not take any enforce action She suggested asking a member of the Police Department and the Sheriff's Department to be present at the next meeting. She questioned if the County Sheriff knew there was an enforce responsibility. The City also needed to clarify whether the City Police under the State could act as an enforcer under the current regulations. Meeting adjourned at 5:45 pm.