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HomeMy WebLinkAbout1999-05-10 MinutesMINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 10, 1999 at 5:30 p.m. in Room 219 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS CONSIDERED ACTION TAKEN Approval of 4/26 minutes Approved as distributed VA99-6: Burns pp256 Approved AD99-6: Amendment to Bylaws Approved AD99-10: Rehearing on Plata CU99-11, pp252 Denied MEMBERS PRESENT MEMBERS ABSENT Bob Estes Lorel Hoffman Phyllis Johnson Don Marr Conrad Odom Loren Shackelford Lee Ward John Forney Sharon Hoover STAFF PRESENT STAFF ABSENT Tim Conklin Janet Johns Brent Vinson Dawn Warrick Ron Petrie • Planning Commission Minutes May 10, 1999 Page 2 CONSENT AGENDA Approval of minutes from the April 26, 1999 meeting. VA99-6: VACATION BURNS, pp256 This item was submitted by Keith and Yvonne Burns for property located at 3385 Natchez Trace. The property is zoned R-1, Low Density Residential, and contains approximately 0.24 acres. The request is to vacate a portion of a 25 foot utility easement on the east side of the property. Staff recommends approval of the request. Public Comment None. Roll Call • Upon roll call, the Consent Agenda was approved with a unanimous vote of 7-0-0. • • • • Planning Commission Minutes May 10, 1999 Page 3 OLD BUSINESS AD99-6: ADMINISTRATIVE ITEM BYLAW AMENDMENT This item was submitted by Phyllis Johnson to discuss proposed amendments to Article III (E) and Article III(F)(2) Bylaws City of Fayetteville Planning Commission. Johnson: This amendment deals with both the issue of a majority and also the issue of a quorum. The new language is: "No action may be taken on any item on which, excluding those members who abstain, there are fewer than five members voting." Odom: Just for clarification, I think that any amendment to the bylaws require a 2/3 vote? Johnson: It requires at least 5 positive votes. Public Comment None MOTION Mr. Odom made a motion to adopt Article III.E. Mr. Marr seconded the motion. Ward: correct? If you have 6 members present and 2 abstain then you would have no vote. Is that Johnson: You are correct. That could be inconvenient for both the Commission and the Applicant on a particular item. The theory is that less than a majority of the Commission should not act for the entire Commission. This is intended to clarify. Hoffman: I would like for the Commission to consider clarifying in the bylaws that when a member is abstaining, I thought it would be a good idea have that declared prior to any discussion. I would like for this to be included in agenda session discussion. Roll Call Upon roll call the motion was approved with a unanimous vote of 7-0-0. Planning Commission Minutes May 10, 1999 Page 4 Further Discussion Johnson: The other amendment is set forth on 2.1: "A majority vote of those present shall be needed for adoption of any other motions. An abstention shall not be construed as a vote either for or against the item under consideration, and the abstaining member shall be treated as if absent for the purpose of determining the number comprising a majority on the vote on that item. For example, if eight members are present and a vote is four "ayes", three "nays", and one abstention the motion passes." The idea behind this is if a person abstains, then that member could not affect the action of those other members who vote yes or no. Public Comment None. MOTION Mr. Odom made a motion to adopt the proposed bylaw amendment. Mr. Shackelford seconded the motion. Roll CaII Upon roll call the motion passed with a unanimous vote of 7-0-0. • • • Planning Commission Minutes May 10, 1999 Page 5 NEW BUSINESS AD99-10: PLANNING COMMISSION DETERMINATION CU99-11: PLATA pp252 This item was submitted by Johnathan Plata for property located at 908 Rolling Hills Drive, Suite J. The property is zoned C-2 Thoroughfare Commercial, and contains approximately 1.88 acres. The request is for the Planning Commission to determine under §163.02 D if evidence of changed conditions or new circumstances exists which justified reconsideration of a request for a dance hall. A conditional use shall not be considered by the Planning Commission within 12 months from the date of final disapproval of a proposed conditional use unless there is evidence of changed conditions or new circumstances submitted to the Planning Commission which justify reconsideration. Staff recommends that the Planning Commission determine if evidence of changed conditions or new circumstances exists. If the Planning Commission determines that this item should be reconsidered, staff recommends the conditional use request be placed on the next Planning Commission agenda. Johnathan Plata was present on behalf of the project. Commission Discussion Johnson: The request is to determine whether or not we can hear this matter under our rules. Conklin: This is a request for the Planning Commission to determine whether there are changed conditions or new circumstances that exist which would justify a rehearing on the conditional use for this location. The Planning Commission denied a previous conditional use on July 13, 1998. That conditional use was also for a dance hall. The applicant has provided to us information regarding what he believes are the changed conditions or new circumstances. There is a difference in the size of the building -- 6,800 square feet versus 4,850 square feet. The occupancy load has been reduced from 420 to 300. In July of 1998, the applicant was 30 spaces short of meeting the required number of space and with the occupancy load being reduced, there are 10 extra parking spaces. The hours of operation are somewhat different. Christian music will be played Sunday through Wednesday from 6:00 p.m. until 10:00 p.m. Pop music will be played Thursday through Saturday from 9:00 p.m. to 2:00 a.m. Special Interest days are Tuesdays from 6:00 p.m. until 10:00 p.m. Other days and earlier times would be available only for community and charity functions. This is a non-alcoholic dance club. The Sanctuary dance club was proposing to serve alcohol from 5:00 p.m. until 2:00 a.m. You also have three letters (marked Exhibits A, B & C attached hereto and made a part hereof.) What you are considering is § 163.02. Authority; Conditions; Procedures - D. Disapproval/Recondition as follows: • • • Planning Commission Minutes May 10, 1999 Page 6 "No application for a conditional use will be considered by the Planning Commission within 12 months from the date of final disapproval of a proposed conditional use unless there is evidence of changed conditions or new circumstances which Justify reconsideration submitted to the Planning." You must determine if there are changed conditions or new circumstances. Johnson: The changes are decreased square footage. Maximum occupancy has decreased. Parking spaces have decreased. On the occupancy, in 1998, that allowed for a maximum occupancy of the dance hall to be 420. Now, the request is for 300 combined dance hall and game room. What is the maximum allowed in the dance hall. Conklin: The occupancy is set for both uses. It was negotiated with the Fire Marshall and Building Inspections. Depending on the type of use, the building could have more than 300 people. Johnson: Last time, they were requesting to serve alcohol. Plata: One of the things we are trying to do is work with young adults. We have talked to the High School and elementary schools for day use of the facility. They have scheduled times. We aren't charging for this use and any proceeds they earn, they keep. We are considering serving food. No alcohol. Johnson: I think for our purpose tonight, we need to limit you to what you intend to do right now and what is different right now. Plata: We're not a gay, Latin bar. We have decreased the size of the dance floor and the occupancy level between both businesses mainly so that we wouldn't have a crowd there. Also, we will enforce the cover charge to where if you leave you will have to pay a second cover. There is a change of ownership. We worked on the parking lot. We lit the parking lot up. There was only I light outside, and now all the lights are in working order so the parking lot is lit. We've worked with other stores on the parking outside so there won't be any cruising. It will be blocked off. There will be an entrance to the Dr.'s office which is different. There was no control of the parking lot. Johnson: We are not going to vote on this conditional use tonight. We have before us an administrative issue as to whether or not we have a different proposal tonight and if we decide that the circumstances or conditions have changed or if there are new circumstances, we would hear this on our next agenda. That would be the time for public comments on the pros and cons of having this establishment at this location. If there is anyone who wants to talk about why this proposal does or does not show changed circumstances from the one last year I will give a total • • Planning Commission Minutes May 10, 1999 Page 7 of 10 minutes of time to the audience to allow you to talk about this. I will not entertain any talk about why we should or why we should not have a dance hall. What we are dealing with tonight is whether we should reconsider this. I see this an administrative item. I don't really see that public comment is appropriate but there are several folks here to address this. Plata: I know we're here to decide whether or not to review this in the future. We ran into rough finances and it is not my choice but we may have to open it as a bar serving alcohol because I have a signed lease agreement that I cannot get out of. I don't want to do that. It may come up that I was a former gang member and worked with the CCYO which speaks out against gangs. Public Comment Bruce Johansen, President of the Rolling Hills Neighborhood Watch Association, spoke in opposition to the project. He presented a letter from the pastor of the church (marked Exhibit D attached hereto and made a part hereof.) Odom: You understand that he can put a bar in under use by right if he can get an alcohol permit? Johansen: Yes. Johnson: We have Mr. Swope's letter. Mack Mclendon, a resident of the Rolling Hills area, spoke in opposition to the project. Ben Israel, residing at 1501 Star Road, spoke in support of the reconsideration. Deanne Wiggington, an employee of Dr. Israel's at Dixie Development, spoke in support of the project. Further Discussion Johnson- Mr. Plata, what age requirements do you have on this facility. Plata: 16 is the minimum age. We will leave the age limitations to be determined by public input and the Commission. 20 is the maximum age. Ward: I've looked this over and if this had come to us the first time around, I would have looked at it more seriously. We voted against a dance hall the first time and this is a dance hall. • • Planning Commission Minutes May 10, 1999 Page 8 MOTION Mr. Ward made a motion to deny reconsideration of the application. Mr. Odom seconded the motion. Roll Call Upon roll call the motion passed with a vote of 6-1-0. Ms. Hoffman voted against the motion. The meeting adjourned at 6:10 p.m. PERSONAL NOTE Both my wife and I would like to thank you for your support in a fair hearing separating church and state. It has been a dream of mine to run a truly non-alcoholic dance club someday. With a helping hand from neighborhood kids and family we are just about ready to open. A11 we require now is our conditional dance permit, which can be issued for a trial period. Some people cannot see how much good this will do for traffic? and crime in our neighborhoods by keeping kids off the streets. We can keep kids busy from 9:00 p.m. to 2:00 a.m.. Our sub -leased game room will keep them occupied during the day hours. We are willing to draft any or all recommendation for our business days, hours, ages or activities. Please allow us to receive our conditional use permit early because of changed circumstances that are now before you. Finances are becoming less and if our permit is not issued I may be forced into opening a bar with live entertainment. This is not my first choice . Please support us. Sin p,ezi Johnathan Plata Owner of "Thumpers" Non -Alcoholic Dance Club EXHIBIT A • • • FAYETTEVILLE THE CITY OF FAYETTEVIELE, ARKANSAS 5-6-99 DEPARTMENTAL CORRESPONDENCE TO: BRENT VINSON, ASSOC. PLANNER FR: BERT RAKES, INSP. DIV. DIR. RE• 908 J ROLLING HILLS DR. An inspection was performed on April 15, 1999 by Minor Wallace, Inspector, for the purpose of determining the Occupant Content for an Assembly Occupancy of a proposed Dance Hall. The maximum legal content was determined to be 150 occupants for each of two floors for a total of 300. The tenant has agreed to provide proper exit and emergency lighting and to cover the exterior stairs as discussed with Minor and Danny Farrar, Fire Marshall. EXHIBIT B 04/26/1399 15:09 Ir S. Main Ci a: MO 65714. ;AIi 725-6699 14175454779 BANTABENHAM PAGE 02 BANTA 1-13E. NTIAM isi tC£l • /NPR.TI:2fi,• 1999. (T1YOF FAYE1TFV1LLE I'LAINNINfi DEPARTMENT 10510d1' MAY Set; MO 85706 ':411 A0* -340 : GATES F:.. • -*a U.S.rrwv II Foisyth. MQ 6588• 4.1.71546."61 RE: PLANNJNCO D1VISION COIF# S1'ONi)ENCP.:.' ..'. CU99-'I 0.0:' CONDITIONAL:USE`(PJ,AT5A•PP32j EI,A *INCi.COMMISSION: 1141S'IS::TO TTIANK YOU ; tires TTH E -NOT it_ th:O1 ' t11?121I 3' MY, INILR.EST IN'1'IIIS MATTI!RTS:IN ICECTA4Ct) TkkD Tat' PROPERTY A7' 1 N65.•• • ROI-I.114G:10„S. DRIVE: I A M Tilt `OttER:OEtflORo'PERTit ANP Myjt,46111ER 1 I VES 111.71 %E D.WI3LLINQ SHF 15 WI Y AI y /00$1.0 141:il 1 DONT T H1NK AtNY O1: YOU • : OhiT E PX ANMNC} WOIJI.I) WANT' ADA1 E 11A.E: ACRO3.3 THE-S1flET.. FROM WHERFi YOUR MOTHL�IC:TIUE..1 t1 S1iEEiIpRl�li ig 7 R REST TiACFI: II(3Ii1'. • MY FATHER PASSED AWAY -A P'hW YiiAI{$'AC Of'ANATi:SH1I LIVES ALONE .1IIANT&S,IrOP: YOUR COIJSIDIsRATRlN IAi T'AK'INC}A'1it OF THIS I:112111;6 :4 FOR MY ,It'dOTNFR:AND MYSELF. _ • :...•.•` .: :.:)>. • EXHIBIT C PROFEISIO INSURANCE AGENT. 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