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HomeMy WebLinkAbout1976-11-16 MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS November 16, 1976 The Board of Directors of the City of Fayetteville met in regular session in the Board Room of the City Administration Building on November 16, 1976, at 7:30 p.m. PRESENT: City Manager Donald Grimes; City Attorney Jim McCord; City Clerk Darlene Westbrook; and Directors Marion Orton, Russell Purdy, Morris Collier, Ernest Lancaster, John Todd, Paul Noland and Al Hughes ABSENT: None ^" OTHERS PRESENT: Members of the audience and representatives of the news media. CALL TO ORDER AND APPROVAL OF MINUTES The meeting was called to order byMayor Orton. Following a brief moment of respectful silence, the Mayor asked if there be any amendments to the minutes of the November 2, 1976 meeting. City Attorney Jim McCord requested paragraph 281.4 be amended to read: "...that street and alley dedications..." There being no further amendments necessary, the minutes were declared approved as amended. 235 285.1 285.2 REZONING APPEAL - R76-36 / Mission Street / Laura Baker, petitioner The petitioner had appealed to the Board a decision by the Planning 285.3 Commission to deny her request to rezone a 1.7 acre tract located at the inter- section of East Maple and Mission Boulevard from R-1 Low Density Residential to R-2 Medium Density Residential. Mr. Elam Denham, architect representing the petitioner, presented 285.4 drawings of proposed developments for the property for R-2 and R-1 (conditional) zoning classifications. Mr. Denham stated he understood the Planning Commission was reluctant to rezone the property R-2 because of the increased density the classification would allow. He stated, however, that the property owner did not wish to follow a development plan that would not be sensitive to the neigh- borhood and the landscape. Mr. Denham noted that an R-1 conditional use classification would 285.5 allow the parcel a maximum of 10 dwelling units (five duplexes) but that an access from Mission Street would be necessary. The plan of development for an R-2 Classification was, in Denham's opinion, the better alternative in that access to the development could be provided from Maple and Gunter Streets and would not necessitate a Mission Street access. The R-2 classification would allow a maximum of 14 dwellings, half of the maximum allowance. Mayor Orton pointed out that, should the property be rezoned, there would 285.6 be no guarantee that the property would not be developed to the hiohest density allowed under the classification.The City Attorney suggested the execution of a bill of assurance which would stipulate the type and extent of the development, and Mr. Denham indicated that his client would be agreeable to such a document. 285 286 286.1 In opposition to the rezoning were owners of property adjacent to the parcel in question. They expressed concern about increased traffic flow resulting from a development of the type planned and noted that Maple and Gunter Streets were narrow and not capable of accommodating a heavier flow of traffic. Mr. Monroe Laner, Maple Street resident, noted that duplexes could be constructed under the present classification as a conditional use. Approval of the request would, he believed, establish precedence for similar requests in a neighborhood which has an established R-1 classification. 286.2 Director Noland cited the established R-1 character of the neighborhood and expressed his reluctance to approve the request for R-2 classification which would allow a greater density for the parcel. Director Purdy, seconded by Todd, moved the appeal be denied. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed and the appeal denied. i ORDINANCE REZONING PROPERTY - R76-37 / East Dickson / Hatfield Pontiac 286.3 The petitioner requested rezoning a .61 acre tract of land located east of the southeast corner of the intersection of North College and East Dickson Street from R-0 Residential Office to C-2 Thoroughfare Commercial. The City Attorney read an ordinance rezoning the property C-2 as recommended by the Planning Commission. 286.4 Speaking in behalf of the petitioner, attorney Lynn Wade stated that the petitioner was trying to develop the presently vacant lot in a manner which would alleviate an existing eyesore. He explained the proposed structure to II/the Board, noting that the petitioner planned to erect an ornamental view -obscuring screen along the east property line and planned to landscape the property in an attractive manner. He emphasized that the property to be rezoned is located south of East Dickson Street and not north towards the Washington Street area. Mr. Wade stated that the petitioner would offer to execute a bill of assurance in regards to screening, landscaping, access, and construction of an underground parking area. 286.5 Many residents of the Washington Avenue area were present in the audience to express strong opposition to what they felt would be an encroachment of commercial zoning into an historical residential section of the City. Mr. David Newbern, 734 Willow, recalled that a previous Planning Commission had followed a policy that no further commercial encroachment would occur towards the Washington Avenue area. The petitioner's offer to execute a bill of assurance would not alter his personal opposition to the rezoning request since the rezoning could have long-range implications for the neighborhood. He cited the many historical homes in the area and the fact that there is a growing interest in maintaining the area as an historical district through the revitalization and restoration of the homes. He felt such an interest would be curtailed if the rezoning request were granted. 286.6 Also in opposition to the request were Mr. Cy Sutherland and Mrs. Pamela Taylor. Mrs. Taylor said that discussions with Mr. Hatfield regarding the proposed development indicated that the planned structure would not be in keeping with the neighborhood. She further noted the property did not need to be rezoned to allow for the work proposed. 286 287 • Although several members of the audience supported the rezoning request, 287.1 a show of hands revealed that many were employees of the business requesting the rezoning and that only one supporter resided near the property in question. Director Collier, seconded by Noland, moved rules be suspended and the 287.2 ordinance placed on second reading. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. Director Noland noted that a rejection of the request would indicate 287.3 the Board's interest in maintaining the integrity of the residential area as well as a concern for limiting the depth of commercially zoned property along the College Avenue corridor. He noted that the C-2 classification would constitute an encroachment into the R-0 buffer zone between C-2 and R-2 Classi- fications. Noland also recognized the intense opposition of those living in the neighborhood. Directors Collier and Purdy concurred with Noland's comments. Director Collier, seconded by Purdy, moved rules be further suspended 287.4 and the ordinance placed on third reading. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the third and final time. The Mayor then asked if the ordinance should pass. The recorded vote was: Ayes: None Nays: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes The Mayor declared the ordinance failed. ORDINANCE VACATING STREET - Garland Avenue (unopened) / Oak Park Place Addition A petition filed with the City Clerk by Forrest M. and Vanzetta L. Tennant 287 5 and the University of Arkansas (by Fred Vorsanger) requested that an unopened portion of North Garland Avenue located in the Oak Park Place Addition to the City be closed. The Mayor declared a public hearing to be open for comments regarding the petition. There being no comments either in opposition nor in favor, the Mayor declared the hearing closed. The City Attorney then read an ordinance to vacate the unopened street 287.6 as requested in the petition. Director Collier, seconded by Director Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Purdy, moved rules be further suspended 287.7 and the ordinance read the third and final time. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2291 APPEARS ON PAGE 184 OF ORDINANCE & RESOLUTION BOOK V APPOINTMENTS TO COMMITTEES - Community Development / Housing Assistance Chairman of the Board Nominating Committee, Director Todd, moved that Delvin Nation be appointed to the Housing Assistance Plan Committee to serve the unexpired term of Anita Whillock to expire July 1, 1977; and that Judy Endress 287 287.8 288 be appointed to fill the unexpired term of Larry R. Smith to expire July 1, 1978. The motion was seconded by Director Hughes. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed. 288.1 Director Todd recommended,and Director Hughes moved, that Betty Cosby be appointed to fill the unexpired term of Paul Lewis on the Community Development Committee; the term to expire July 1, 1979. The motion was seconded by Director Purdy and the recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed. ORDINANCE AMENDING SIGN ORDINANCE 288.2 The City Attorney had drafted an ordinance which would amend the Sign Ordinance by specifying that businesses which cease operation for a certain period of time must remove advertising or identifying signs from the property. 288.3 Director Purdy suggested the item be tabled until after the first of the new year in order to allow newly -elected directors to have input into the proposed amendment. Director Hughes moved the ordinance be tabled but withdrew his motion after it failed to receive a second. A new motion to table the item was made by Director Purdy and was seconded by Director Collier. Director Todd and Mayor Orton believed any necessary amendments should be considered and not postponed for the sole purpose of allowing new directors to have the opportunity for input.since the amendment was one of clarification and not alteration. Ayes: Purdy, Collier, Lancaster, Noland, Hughes Nays: Todd, Orton The motion was declared passed. SIGN APPEAL - Williams Ford Tractor and Equipment Company, petitioner 288.4 Originally considered by the Board at the October 19 meeting, the appeal had been tabled to allow the City Attorney to review a contract between the petitioner and the Ford Motor Company which prohibits the franchise holder from installing signs to the building or existing sign which would advertise a product not manufactured by the Ford Motor Company. The petitioner had requested a variance from the ordinance requirements to allow him to erect an additional free-standing sign on his property. 288.5 The City Attorney briefly informed the Board of results of his research of the matter and that the business owner would not, under the terms of the con- tract, be able to attach his proposed sign to the existing free-standing sign. 288.6 The Board emphasized its concern that, should this request be granted on the basis that the contract was written in such a way as to provide a hardship in that the company would not allow the owner to have the type of sign he wished, then other companies might attempt to circumvent requirements of the ordinance through execution of similar contracts. 288.7 Following discussion, Director Lancaster moved the appeal be tabled to allow the City Attorney to research possibility of allowing additional free-standing signs on larger parcels of property, and, further, that the Williams Ford Tractor and Equipment Company sign be allowed to stand as erected until the issue had 288 ►.r sl an been resolved. Ayes: Orton, Nays: None The motion was The motion Was seconded by Noland. Purdy, Collier, Lancaster, Todd, Nol declared passed. . The recorded vote was: and, Hughes 289 ORDINANCE AMENDING SUBDIVISION REGULATIONS - Off -Site Improvements The City Attorney explained that the ordinance would, basically, require 289.1 a subdivider to install off-site improvements that might be necessary as a result of development of a subdivision and that a portion of the cost would be allocated to be borne by the developer. He pointed out that there were no Arkansas cases pertaining to the subject but that other jurisdictions had upheld similar ordi- nances. The City Manager stated that theordinance was not contradictory to the 289.2 Board's policy of requiring some off-site improvements of subdividers when a subdivision development necessitated such improvements. He did note that the current subdivision ordinance did not specifically provide for such requirements and that the amendment would provide a stronger basis for such requirements. Director Hughes felt the particular ordinance would not be a solution to 289.3 the problem at hand and that the subdivider would have to bear additional ex- penses. Director Noland did not believe that the subdivider would be overburdened since his expenses could be recovered at the time he sold the lots. He noted that the City currently has to maintain, at great expense, streets which were not constructed according to specifications. The City Attorney read the ordinance the first time. Director Lancaster, 289.4 seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the second time. Director Purdy, seconded by Collier, moved rules be further suspended 289.5 and the ordinance placed on third and final reading. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was read the third and final time. Director Todd moved that Section 1 A(1) be amended to require recrea- 289.6 tional facilities. McCord advised that, since on-site requirements did not list recreational facilities, off-site recreational facilities requirements might not be proper. He therefore requested an opportunity to research legality of such a requirement. Director Noland, seconded by Purdy, moved the ordinance be tabled to allow the City Attorney to research the issue and to prepare an amended ordinance to include the recreational requirement. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The motion was declared passed and the ordinance was left on third reading. RESOLUTION AUTHORIZING APPLICATION FOR FUNDS - Title I Public Works Development The City Attorney read a resolution authorizing the City Manager to pre- 289.7 pare and submit applications for Federal funds available under Title I of Public Law 94-369 (Local Public Works Capital Development and Investment Program). The City Manager listed possible projects which might be funded under the program as: sewer mains not completed under current water and sewer capital improvement 289 ' 290 projects; extension of Fletcher Street, construction of Sycamore Street bridge at Skull Creek; and improvement of Stone Bridge Road and Whillock Street. 290.1 Director Purdy, seconded by Hughes, moved the resolution be adopted. The recorded vote was: Ayes: Orton, Purdy, Collier, Lancaster, Todd, Noland, Hughes Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 64-76 APPEARS ON PAGE 95 OF ORDINANCE & RESOLUTION BOOK V THANKSGIVING HOLIDAY 290.2 The Board concurred with the City Manager's recommendation to operate city services with skeleton crews the day following Thanksgiving. ADJOURNMENT 290.3 There being no further business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: 7hez.ant426and Marion R. Orton, Mayor 290