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HomeMy WebLinkAbout1972-06-06 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 3:00 P.M., Tuesday, June 6, 1972, in the Directors Room, City Administration Building„Fayetteville, Arkansas. Members Present: Roy Clinton, Al Hughes, Helen Edmiston, John Maguire, Albert Witte, Donald Nickell, Members Absent: Al Donaubauer, Dr. Walter Brown, Ernest Jacks, Others Present: Edna Baker, Roscoe Ambrose, Kathy Marvin, Jerry Sonderegger, Wells Bone, Bob Segers, Don Phillips, C. M. Smart, Jr., David Faught, Bob Burban, Charles Bickford, Jimmy Crownover, Carmen Lierly, Tildon Wright, J. F. Palmer, Mrs. Madge Milligan, Russell Purdy, Ray Hunt, Bryce Davis, Chairman Roy Clinton called the meeting to order. The minutes of the April 4, April 18, and May 2 Planning Commission MINUTES Meetings were approved as mailed. The first matter considered was a letter from David Malone, City Attorney, regarding liquor stores as regulated by the Zoning Ordinance. Albert LETTER FROM CITY Witte said he would rather have a separate use unit for liquor stores ATTORNEY ON and have it be permissible in certain zones as a conditional use LIQUOR STORES rather than a use by right. Roy Clinton said that from an administrative standpoint, the onus of C-2 and liquor stores have always -gone together. Albert Witte moved that the Chairman answer the City Attorney's letter and request he draft an ordinance to amend the present zoning ordinance to develop a separate use unit as a conditional use. Helen Edmiston seconded. The motion was approved unanimously. The next matter considered was an appeal by John Locke School to JOHN LOCKE SCHOOL use the property at 600 Mission Boulevard as a site for a nursery Appeal for a school and elementary school, a conditional use in the R-1 District. Conditional use Edna Baker was present to represent the school. She stated they plan 600 Mission to leave the existing driveway as it is, Mr. & Mrs. Roscoe Ambrose, property owners to the South, were present. He said the fence along the South property line belonged to him and he reserved the right to select what was planted alongside it. He also suggested the entrance should be off Fallin or Assembly due to the amount of traffic on Mission. Roy Clinton asked how many students they have. Mrs. Baker said there are presently 20 this summer; there could be between 25 and 30 at the most. They do not all arrive at a particular time nor do they leave at a particular time. Mr. Clinton asked if there was a terrain factor that would make it hard to put an entrance off one of the other streets. Mrs. Baker said the main problem was the additional expense. Several persons in the audience said there is already a driveway off Fallin. Mrs.Baker said she had tried to use it one time, but it is not easily passible. Mrs. Baker told Mr. Ambrose they plan to do a lot of cleaning up on the property. She also said the County Sanitarian, Fire Chief, and Welfare Department have all looked at the property and have said it can be brought up to their standards. Kathy Marvin said she lives across Assembly from the site. They have 6-6-72 -2- located their trash area opposite her driveway. She asked that this • be moved to Fallin Street and said she personally felt this was not a very good location for the school. The next matter was the proposed Final Plat of Centerbrook Subdivision. Jerry Sonderegger and Wells Bone were present to represent the proposal. Bobbie Jones, Planning Administrator, informed the Commission that CENTERBROOK SUBD. the Plat Review Committee has recommended approval. Since all the Final Plat improvements have not been installed, a subdivider's contract will be required. John Maguire made a motion that the Planning Commission approve the Final Plat of Centerbrook Subdivision and that the subdivider enter into a contract with the City if all the improvements are not in. Al Hughes seconded the motion and it was approved unanimously. The large scale development plan for a medically oriented office building for property on the East side of College Avenue between MEDICAL OFFICES Baxter Street and North Street had been withdrawn from the agenda North & College at the request of the developer, It will be considered at a later meeting, The next matter for consideration was a large scale development plan DOCTORS BUILDING to expand the Doctors Building, 241 West Spring Street, Present to 241 W. Spring St. represent the plan were Bob Segers, C. M. Smart, Jr., and Don Phillips. L.S.DEVELOFMENT David Faught was present to represent the Housing Authority since the project is within the Urban Renewal area. The representatives • of the project reviewed with the Commission members the variances granted by the Board of Adjustment. Mr. Faught3 said the only question which he was concerned with was on the screening or buffering of areas adjacent to residential uses. This should be either a 6 ft. decorative fence or a landscaped area. He suggested they work to provide drainage from their parking lot, rather than running it into the street. Roy Clinton suggested that by eliminating the drives off Church Avenue, they could pick up a few more parking spaces, but would need further variance from the Board of Adjustment. The developers requested the Planning Commission to approve the plan as approved by the Board of Adjustment with a recommendation to the Board of Adjustment that they reconsider the rulings on the parking spaces along ,thieiArdets7t,'; Albert Witte moved that the plan be adopted with the recommendation concerning the parking to be set forth in writing by the Chairman at his convenience. Helen Edmiston seconded. It was approved unanimously. The developer agreed to work with the Housing Authority and the Street Department on drainage, The next matter considered was a large scale development plan forua proposed Minute Man on Dickson Street West of Campbell Avenue. Bob Burban was present. Bobbie Jones, Planning Administrator, informed the Commission that the only problem was that the proposed sign would require a variance as proposed. Helen Edmiston moved to approve the large scale development plan. John Maguire seconded. It was approved unanianusly. The next matter considered was an appeal by Charles Bickford for relief from the Subdivision Requirements for property located at 2786 Old Wire Road, postponed from May 2, 1972. Mr. Bickford was MINUTE MAN Dickson St. L.S.Development CHARLES BICKFORD 2786 Old Wire Rd. Appeal from Subd. Regulations '46-72 -3- present and stated he wanted to build a house on the back portion of the property. The Planning Office had declined.to issue him a permit because there is already one house on the property and there is not enough street frontage for two houses and because Mr. Bickford proposed to sell the front portion of the property and have his access off Yvonne Street. After discussion Albert Witte moved to waive the subdivision requirements subject to the dedication of an extension of Yvonne Street across Mr. Bickford's property. No stipulation for improvement was included in the motion. Donald Nickell seconded the motion. It was approved unanimously. The next matter considered was a preliminary plat of a proposed sub- division outside the City but within the Planning Area to be known LIERLY SUBDIVIS as Lierly Subdivision. Mr. Carmen Lierly and James Crownover were Outside City present to represent the proposal. Roy Clinton said he thought Inside Planning they would be unable to build on the smaller lots until water and Area sewer services could be provided. He observed that the Street Superintendent still feels the streets inside subdivisions outside the City should be paved, but he personally thought this was impossible. He did feel the culverts were a good idea. Al Hughes moved to approve the plat subject to the dedication of an additional five feet on the North property line. Donald Nickell seconded the motion. It was approved unanimously. After further discussion, Donald Nickell made a motion that with trash service being located on Fallin Street, the Commission adopt (approve) the appeal for a conditional use request submitted by John Locke School for property at 600 Mission Boulevard. Albert Witte seconded. It was approved unanimously. JOHN LOCKE SCHOOL The next matter considered was,a request to withdraw Rezoning PETITION R72-17 Petition R72-17, A. E. Bowen and Martin J. Yurich, to rezone A. E. BOWEN & property on the Northwest corner of Highway 16 West and Highway 71 M. J. YURICH By-pass from A-1, Agricultural District, to C-2, Thoroughfare Commercial (Withdrawn) District. John Maguire moved that the Planning Commission accept the withdrawal request on Petition R72-17, Helen Edmiston seconded. It was approved unanimously. Albert Witte requested that the Commission discuss his petition to PETITION TO AMEND amend the zoning ordinance to remove the duplex classification from ORDINANCE 1747 the R-1, Low Density Residential District, at this time. He felt there to take duplex had been a misunderstanding and that some people thought this was the out of R-1 public hearing on the petition, and if the discussion were held at this time some of those people would feel free to leave. Roy Clinton informed the audience that in order to accomplish the purpose of the petition, it would be necessary to hold a public hearing for both sides to be heard and then make a decision. All the Commission could do at the present meeting is decide whether to honor the request with a public hearing. Tildon Wright, 1640 Hammond, requested a public hearing be held. He said a duplex was going up across the street zfi46m him with a declared building permit cost of $20,000.00. He did not object to $55,000.00 duplexes with retired couples, but did oppose the type being built in his neighborhood. It was noted that newer subdivisions can impose plat covenants and deed restrictions, but there is no way to impose such restrictions on older vacant lots. 0 6-6-72 -4- J. F. Palmer requested the ordinance go back to the old R-1 and suggested allowing duplexes in R-1 only on appeal to the Board of Adjustment. Helen Edmiston said that she thought that if the people feel this strongly about duplexes, a public hearing should be held. John Maguire moved that the Planning Commission call a public hearing on the matter at the next regularly scheduled meeting in one month hence. Donald Nickell seconded. The motion passed unanimously. The Planning Administrator requested an alternate date for that meeting RESET DATE be set since the regular meeting day falls on a legal holiday, July 4. FOR FIRST The Chairman declared that the meeting which would normally fall on MEETING IN the first Tuesday of the month should be held on the second Tuesday of JULY the month, July 11. The next matter to be considered by the Commission was the public hearing on Rezoning Petition R72-18, initiated by the Planning Commission, for PETITION R72-18 property located on the North and South side of Cato Springs Road and Planning Comm. East of Garland Avenue from I-1, Heavy Commercial and Light Industrial Cato Springs District, and R-1, I:wr'Density Residential District, to R-2, Medium Road Area Density Residential District, deferred from May 2, 1972. Chairman Roy Clinton said this was initiated with the intent of helping the residences in that area, but there seems to be some opposition. The Commission can either take action or let the individual cases take care of themselves. Helen Edmiston said she could not vote on the proposed amendment because she owns some land in the area. She felt it best to keep on an individual basis because some people are opposed to R-2. Albert Witte moved that the Planning Commission withdraw Petition R72-18. Al Hughes seconded. The petition was unanimously withdrawn, Chairman Roy Clinton stated that Ken Riley, Director of the Northwest Arkansas Planning Commission, had requested that the public hearing on PETITION R72-19 Rezoning Petition R72-19, initiated by the Planning Commission, for 71 By-pass & property located North of Highway 71 By-pass, East of the St. Louis J and San Francisco Railroad, and West of Skull Creek from I-1, Heavy Commercial and Light Industrial District, to R-1, Low Density Residential District, be postponed for another two weeks so the Commission could have the benefit of the report on the Highway 71 By-pass corridor scheduled for that meeting before making a decision on this petition. On this basis, John Maguire moved to table Petition R72-19 until the next meeting, June 20, 1972; Albert Witte seconded; the motion passed unanimously. The next matter for consideration was a public hearing to consider three proposed amendments to Zoning Ordinance 1747, deferred from May 2, 1972. The first amendment proposed was to permit barber and beauty shops in Use Unit 16 and Use Unit 17. Use Units 16 and 17 are permitted in C-2, C-3, and I-1 Districts. After a discussion, John Maguire moved to approve the amendment:as proposed. Donald Nickell seconded. The amendment was approved unanimously. PUBLIC HEARINI TO AMEND ORD. 1747 Barber shops The second proposed amendment was to regulate the location of mobile homes in areas not included in mobile home parks. The Commission discussed the Mobile homes proposal with Russell Purdy, member of the Board of Directors and person in A-1 responsible for the drafting of the proposal. The proposal was to allow 0 6-6-72 -5- a conditional use to be approved by the Planning Commission in the A-1 District only if the property owner had 3 acres or more and either needed the mobile home for his own place of residence, or in the case of the property owner having a house on the property to allow the location of a mobile home for a member of the property owner's family, Mr. Purdy said that he has discussed this with some persons and perhaps this is too restrictive. He discussed with the Planning Commission the posibility of allowing the conditional use if the property owner has a home and in some way the mobile home would be beneficial to the owner of the property in some way other than for public rental. The Commission felt the latter proposal also,had some merit to it. After further discussion, the Commission unanimously agreed to recommend that the Board of Directors approve the proposed amendment and incorporate Mr. Purdy's additional recommendation within the amendment, The third proposed amendment was to permit the location of service stationcanopies within 20 ft. of the street right-of-way lines, Service Station After a discussion, Albert Witte moved to recommend approval of the Canopies amendment; Helen Edmiston seconded; the motion passed unanimously, The next item on the agenda was the public hearing on Rezoning Petition R72-20, Ray Hunt, for property located on the Northwest corner of the PETITION R72-20 intersection of West Sixth Street (Hwy, 62) and South Hill Avenue RAY HUNT from I-1 Heavy Commercial & Light Industrial District, to C-2, Thoroughfare Hill & 6th Commercial District, Roy Clinton reviewed the Planning Report in the absence of Larry Wood, Bryce Davis represented the petition and Mr. Hunt was also present, Mr. Davis felt that less additional width for Sixth Street would be required off the subject property than indicated in the Planning Report because more has already come off the North side than off the property on the South side. He said he had a purchaser for this property on condition they can get a building permit for a 7-11 store. He proposed two curb cuts on Highway 62 and one on Hill Avenue. Roy Clinton asked why the petition was for C-2 rather than for C-1. Mr, Davis said this was what the purchaser had requested. Helen Edmiston moved to amend the petition to rezone to C-1, Neighborhood Commercial District, and to approve the amended petition. Al Hughes seconded the motion; the motion passed unanimously. Roy Clinton noted that this action took into consideration that less land would be required than originally thought, John Maguire requested a procedural change in the Planning or Staff Reports, He requested a factual report of conditions and services on the reports STAFF REPORTS without benefit of a recommendation, Roy Clinton asked that the members think about this and discuss it at a future meeting. He said this had been thoroughly discussed in the past and that at that time some of the members wanted the recommendations and some did not and that it had been decided that those who did not want the recommendations should simply read them but not be bound by them. Mr. Maguire explained that the basis for his request was that sometimes the action taken by the Planning Commission was taken because of the Staff Report. He felt this provided the Commission with a handy excuse for any disagreeable action they might take, Roy Clinton asked that hereafter the petitioners be mailed a copy of the Staff or Planning Report before the public hearing, The meeting was adjourned at 5:45 P -M, 0 RESOLUTION PC 72-15 BE IT RESOLVED, by the Planning Commission of the City of Fayet- teville, that a public hearing be called for the purpose of considering an amendment to zoning Ordinance 1747 regulate the location of liquor stores in the City of Fayetteville, and BE IT FURTHER RESOLVED, that the City Attorney be directed to draft said amendment, and BE IT FURTHER RESOLVED, that said hearing be held2% at 4:00 P.M. in the Directors Room, City Administration',Bifildiig, City of Fayetteville, Arkansas and that the Planning Administrator is hereby authorized to advertise said hearing. PASSED AND APPROVED this Sixth day of June , 19 720 APPROVED: ROY CLINTOil, CHAIR1vAN • 10 0 RESOLUTION PC 72-16 WHEREAS, as its regular meeting on Tuesday, June 6, 1972, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat dated April:1972, known as Centerbrook Subdivision of Fayetteville, Arkansas, submitted by Kelley Brothers Lumber & Supply Company. WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Kelley Brothers Lumber & Supply Company, enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. That the City of Fayetteville, Arkansas accept.the final plat along with the land dedicated for streets and other public uses in the Centerbrook Subdivision described as follows: • Part of the NE�,oSEI, Section 27, T -17-N, R -30-W, Being more particularily described as follows: Beginning at a point N-00 471W, 65.75 feet from the SE corner of said 40 acre tract; thence N -00-471W, 1,089.56 feet; thence S -890-381W, 724.84 feet; thence S -09°-17'E, 373.46 feet: Thence S -0°-53'W, 398.05 feet; Thence S -700-45'W, 126.49 feet; Thence S -00-491E, 50.01 feet; Thence N -89°-22'E, 686.92 feet to 71 By-pass Right -Of -Way; Thence N -65°-591E, 165.68 feet along 71 By-pass Right -Of -Way To The Point of Beginning - Containing 18.39 Acres. PASSED AND APPROVED this Sixth day of June , 1972. APPROVED: 11 ROY CLINTON, CHAIRMAN 0 RESOLUTION PC 72-17 BE IT RESOLVED, by the Planning Commission of the City of Fayetteville, Arkansas, that a public hearing be called for the purpose of considering an amendment to Zoning Ordinance No. 1747 to remove the duplex classification from the R-1, Low Density Residential District. BE IT FURTHER RESOLVED, that said hearing be held, Tuesday, July 18, 1972, at 4:00 P.M., in the Directors Room, City of Fayetteville, Arkansas, and that the Planning Administrator is hereby authorized to advertise said hearing. PASSED AND APPROVED this Sixth day of '=June , 1972. APPROVED: ROY CLINTON, CHAIRMAN 0 • RESOLUTION PC 72-18 WHEREAS, the City Planning Commission held a public hearing on a proposed ordinance to amend Ordinance No. 1747 on Tuesday, June 6, 1972, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing,the Planning Commission voted to make a recommendation to the Board of Directors on said proposed ordinance. NOW THEREFORE HE IT RECO124+.ENDED By The City Planning Commission To The Board of Directors of the City of Fayetteville, Arkansas: SECTION 1. That an ordinance be adopted for the purpose of adding "Barber Shops' to Use Units 16 & 17, said units permissible uses in C-2. C-3, and I-1. SECTION 2. That an ordinance be adopted for the purpose of regulat- ing the location of mobile houses in areas not included in mobile home parks, so that under certain conditions one mobile home may be placed on property within the A-1, Agricultural District. SECTION 3. That an ordinance be adopted for the purpose of permitting the location of service station canopies within 20 ft. of street rights-of- way. PASSED AND APPROVED this 6th day of June, 1972. APPROVED: Roy Clinton, Chairman RESOLUTION PC 72-19 WHEREAS, a public hearing was held by the Planning Commission on Tuesday, June 6, 1972, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, said public hearing was held on a petition requesting that the Planning Commission recommended that the Board of Directors erect an ordinance rezoning the herein described property, presently zoned I-1, Heavy Commercial and Light Industrial District, to C-2. WHEREAS, following the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on the re=/ zoning petition of Ray Hunt. NOW THEREFORE, BE RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS,-.. SECTION 1. That an ordinanceebe adopted for the purpose of re- zoning from I-1, Heavy Commercial & Light Industrial District, to C-1, Neighborhood Commercial District, said real estate. Property located on the NW corner of Hill Avenue and West Sixth Street. Described as: A part of the East 100 feet of Lot 14 in County Court Plat, located in the SE� of thetSW� bf Section -.16 T�k16=N4,-h Range 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Beginning at' the Southeast corner of the said Lot 14, (said point being\(5) chains and (46) links North and (6) chains and (40) links East of the Southwest corner of said SE� of SW4 of Sec. 16;,::T -16-N, Range 30 West) and running thence West 100 feet; thence North 104.8 feet more or less, to an existing fence. Thence in an Easterly direction with €:said fence to a point on the East line of said Lot 14 which is 104.8 feet North of the point of begin- ning; thence South 104.8 feet to the point of beginning. From I-1, Heavy Commercial & Light Industrial District, to C-2, Thoroughfare Commercial District, PASSED AND APPROVED this ti Sixth day of June , 1972. APPROVED: ROY CLINTON, CHAIRMAN