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HomeMy WebLinkAbout1972-09-19 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesdays September 19, 1972, in the Decision Room of the Chamber of Commerce, 123 West Mountain Street, Fayetteville, Arkansas. Members Present: Roy Clinton, Al Hughesj Helen Edmistonp Ernest Jacks, Morton Gitelman2 Christine Childress, Members Absent: Dr. Walter Brown, Donald Nickell, John Maguire, Others Present: Larr7 Wood, Pete Young, Donald Grimes, Luther Flora, Ervan Wimberly, Benny Winborn, Wade Fincher, Charles Barrett, Joe Guinn, Earl Allen, Mr. Simpson, Ronnie Sherwood The minutes of the September 5, 1972, Planning Commission meeting were MINUTES approved as mailed, The first item for consideration was to resolve the question of additional right-of-way on Township Road West of Highway 71 and furnish a directive MAJOR STREET from the Planning Commission to -the Planning Administrator on the use PLAN of the centerline of the existing roadway as a reference point to clear Township Road up questions in processing, It was the concensus of the Planning Commission that the centerline of - the existing Township Road'should be used to determine the future center� Official Bldg. line of Township,Road and that the Planning Office should use the existing Setback Lines centerlins as a reference point in establishing official building setback lines and in locating future right-of-way lines. Chairman Clinton asked the opinion of City Manager Donald Grimes on whether to require dedication of additional right-of-way or whether to ' merely increase the setback on this section of Township Road. Mr. Grimes said he thought they were justified on Township Road to request a dedi- cation, but that he thought there will be some situations where giving additional right�of-way will be detrimental, for instance in residential Dedication or areas, It was his opinion that the City could be pretty strict on Setback for ROW I �* industrial and comm rcial property where they will got the benefit in the future. Morton Gitelman said he was not sure the City can really require any dedication where there is no subdivision. Clayton Powell, City Street Superintendent, said his opinion was that it really should be dedicated because the City cannot afford to build streets and purchase the property also; if it continues this patternsFayetteville will strangle itself. Morton Gitelman said that legally we can establish setback lines for future street widening, but we might still have to buy the land; however, then the City would be buying just the land, not the buildings, Larry Wood said that at one time he had recommended a change in alignment of Township Road before it gets to Johnson Road. If the location where it would swing South can be pinpointed, then we can reduce the rest of Township West of that point to 60 ft. to serve industrial property. Mr. Wood asked Mr. Gitelman if there has been anything established legally on contract zoning. Mr. Gitelman said there has not been anything in Arkansas. Chairman Clinton and Al Hughes agreed that at the time Pat Tobin's large scale development had been reviewed, Mr. Tobin had said the dedication of right-of�way would be no problem. It was the concensus of the Planning Commission to request the dedication of right-of�way from Mro Tobin, 9�19-72 �2� It was further the concensue of the Planning Commission that on developments of less than one acre in size the Planning Office can only require an increased setback and not a dedication. Chairman Clinton said this is one of the problems involved in allowing waivers of subdivision require- ments. The next matter for consideration was the approval of Carson Meadows, CARSON MEADOWS a subdivision platted outside the City and inside the Planning Area. Subd. outside There was no representative of the subdivision plat present. Ernest city Jacks reported thatAthe Subdivision Committee had looked at the plat and that the only question seems to be the fact that the County will not maintain streets less than 60 ft. in right-of-way, He suggested approving the subdivision but advising the subdivider of the County's position. Clayton Powell said the County also has standards for improvement requiring 10 ft. barrow ditches and a double chip and oil seal overlay. Otherwise, the County will not accept them into the County road system. This is to be an incremental development and if this is annexed into the City, any streets developed after that will have to be brought up to City standards. Helen Edmiston moved that the subdivision plat be approved; Ernest Jacks seconded the motion, It was approved unanimously, Larry Wood gave a report on the stutr of properties along Highway 62 West REPORT ON STUDY from the Highway 71 By�pass to Farmington. Mr. Wood reviewed what had Highway 62 Wo previously been recomm nded along the By�pass at the Highway 62 interchang47 One of the reasons the Planning Commission had requested the study to be made by Mr. Wood was to consider whether to allow commercialdevelopment of a strip or linear type along Highway 62. Mr. Wood said he could recognize Highway 62 as a cc= rcial serving street and allow commercial development along its entire length,fbut that he had two recommendations of strings to be attached. One of Mr. Wood's recommendations was to require frontage roads parallel to Highway 62 to tie the devilopments together with the City con- trolling access points that would be considered desirable by the City. The other alternate recommendation was that the City review, change if so desired, and adopt the Arkansas Highway Department regulations for access control, Then have the City enforce the location of access points. He felt it was possible to combine the two and stated he would not recommend commercial zoning of Highway 62 without one of the two foregoing recommendations. ' Mr. Wood rec nded that if commercial is allowed along Highway 62, it be backed up by high density residential residential zoning on either side all the way to Farmington. Ernest Jacks asked if Mr. Wood would recommend commercial zoning on Highway 62 without the frontage road, He said he would not recommend it without either access control or a frontage road or both, He said the 1990 functional plan the County has adopted shows Highway 62 as a four-lane� arterial highway. The Arkansas Highway Department has recognized Highway 62 as an arterial highway. Benny Winborn said that the Chamber of Commerce Highway Committee has made a plea with the Aricansas Highway Department to make Highway 62,four lanes to Prairie Grove. Mr. Wood said he did not and would not recommend this type of zoning on Highway 16 West and on Highway 45 East. He thought it would be a mistake to do it there or to encourage strip commercial on those streets, Chairman Clinton said he thought the Commission should give some thought and study to these recommendations. J0 Chairman Clinton asked Mr. Wood if the Regional Planning Commission needed STUDY some action on the part of the By-pass plan study previously given to the Hwy. 71 By-pass 9-19�72 .3� Commission because of some information the Regional Planning Commission was preparing for the State Highway Department. Mr. Wood said they were in the third year of a three�year transportation study and that it was critical 40 that he know whether the service roads will be parallel to the By�pass. The Ccmmission discussed the request of Dooley Oil Company and Barrett- REQUEST TO ALLOW Fincher Real Estate to re -petition for rezoning within 12 months from RE -PETITION the date of denial. The subject property is located at One Mile Road Dooley Oil Co. and Highway 62 West. Wade Fincher and Charles Barrett were present. Afte�r considerable discussion, Al Hughes moved to'allow the re-petitionto Helen Edmiston seconded the motion. Larry Wood said the recommendations he had made for Highway 62 West was substantially enough of a deviation from the City's adopted plan that they should hold a public hearing to amend the plan before starting zoning changes. He also recommended that the City take care of access control first. Chairman Clinton reminded the Commission that it takes a unan- imous vote to permit re�petitions. Ernest Jacks questioned whether it is in order to hear a re�petition before some action is taken on the changes proposed. The vote was taken and the motion to allow a re -petition was approved unanimously, Ernest Jacks moved that the Planning Commission set a public hearing date SET PUBLIC for a now land use map for Highway 62 as submitted by Larry Wood and also HEARING TO that he be requested to work up what he would consider to be reasonable AMEND LAND USE restrictions to go along with his recommendations and that the public hearing be held the first meeting in November. Helen Edmiston seconded the motion. It was approved unanimously, Chairman Clinton requested the Planning Administrator reserve the second 40 meeting in October for the Planning Commission discussion on the proposed SIGN ORD, sign ordinance, Larry Wood gave a report on hisstudy of requirements of other cities for REPORT ON STUDY planned unit developments, He had contacted 47 cities in the 5 adjoining Planned Unit states. He has received replies from 27 of those cities, Twelve of those Developments reporting have regulations for planned unit developments,e 15 do not, He said the lowest acreage requirenp6nt so far is two acres, the highe'6t is 100 acres. There are a lot of peculiar things in the various ordinances that change those, He said that in Tulsa the City Attorney had recommended that the City be made a party to the deed restrictions so that the City would have to approve any change in use of open land. Chairman Clinton appointed Mr. Gitelman as liason with Mr. Wood on the various ordinances he has received and asked that they try to got some information to the Commission for a discussion, not a public hearing, at the first meeting in November, The Commission considered the petitions from area property owners requesting the Planning Commission study the R�3 zoning district lying West of Razorback Road, South of Cardwell and North of Hotz Drive. Chairman Clinton asked the Planning Administrator if any information had been found indicating why the R-3 Zoning property was shown as R�3 for a full block depth on the official zoning map W.of Razorback adopted June 29, 1970, None had, Mrs. Joe Guinn stated they were not requesting any change in the R-3 zoning of the property along Razorback Road, but were requesting that the area which is strictly residential in nature facing on Oliver, Smith, and Thomas be returned to R-1 zoning, She said there is only one piece of property that would not follow a straight zoning line drawn down the rear lot lines of the properties. Ernest Jacks said he has 9�19-72 4� retained all the maps prepared by Mr. Vizzier for the City. He ;also��Nsaid it had been his opinion that zoning breaks work better where they occur along street lines rather than along rear lot lines. He thought this was the reason for the zoning being done as it was. Larry Wood said that he thought the most defensible planning rule is to back the different zones up to each other rather than using the street line as the zoning line. He said when you face multi -family and single�family to each other, the single�family is lowered in value as far as single-family is concerned but is elevated in value as far as multi�family is concerned. Earl Allen and Mr. Simpson, Oliver & Halsell Road, both had comments requesting the Planning Commission to change the property fronting on Oliver, Thomas, and Smith back to R-1. Ernest Jacks moved that the Planning Commission request Larry Wood to make a study of the area and come up with a recommendation. Al Hughes seconded the motion, It was approved unanimously, STUDY REQUESTED Christine Childress left the meeting at 6:00 P*Mo The next item on the agenda was the approval of the Preliminary Plat of the Industrial Park. Ernest Jacks reported to the Commission that there were a number of recommendations from the Street Department concerning INDUSTRIAL PARK the future division of the proposed platted lots. Clayton Powel.1 said Preliminary Plat that as initially laid out the Industrial Park had adequate streets. If they are going to subdivide the large tracts, the subdivided tracts will have to have access. They will have to have streets constructed to with� stand industrial traffic. Ernest Jacks moved that the Planning Commission approve the Preliminarty Plat, but make the Industrial Park Board aware of the recommendations of Clayton Powell. Helen Edmiston seconded the motion, It was approved unanimously� The next item on the agenda was the Preliminary Plat of Sherwood Acre Subdivision, a subdivision platted outside the City and inside the Planning Area. Ernest Jacks reported that the subdivider had agreed to all the recommendations of the Plat Review Conmittee except he had requested SHERWOOD ACRE SUBD, to be permitted to give an easement for future widening of Oakland -Zion Preliminary Plat Road rather than actually dedicating the right�of-waye Ronnie Sherwood,� developer, stated he would like to give an easement at this time� maintain it himself, and give it as a dedication of right-of�way at the time it is needed. He said his setbacks had been figured from this easement line, Mr. Jacks said there is also the question of the new requirements for individual septic tanks under State Health Bulletin No. 9. Mr. Sherwood said he had co�ordinated that with Bill Paretteo Chairman Clinton asked Mro Sherwood if he would charge for the easement when it is needed. He said he would not and would go on record to that effect now. Ernest Jacks asked Clayton Powell's opinion of an easement versus a right�of�way dedication. He said the easement could be used by the property owner as he saw fit and that at the time it is needed you are confronted with the individual and accused of tearing down someone's home, etc. Mr* Sherwood said he had covenants prohibiting building in the easement, Al Hughes moved that the Preliminar7 Plat of Sherwood Acre Subdivision be approved, Helen Edmiston seconded. It was approved unanimously, The next item on the agenda was the Preliminarty Plat of J. Ro Boston J.R.BOSTON PROPERTY Property submitted by Fayetteville Land Company. Ervan Wimberly and Preliminary Plat Benny Winborn represented the plat. The plat had been revised to show U144deod jl� I 9-19-72 .5� less property to be developed initially than had been reviewed by the Plat Review Committee. Clayton Powell objected to the change without further review by the Plat Review Committee. Mr. Winborn said they merely intended to develop it in phases and this would be the first phase. Al Hughes made a motion to approve the plat subject to review and approval of the Street Department. Helen Edmiston seconded. It was approved unanimously@ Under other business the Commission reviewed a revision of a large scale development plan for First Church of the Nazarene on Old Missouri Roado FIRST CHURCH OF The original plan had been approved by the Commission in January of 1971. THE NAZARENE Ernest Jacks moved that the large scale development plan, as revised, be L.S.Developme approved with the Subdivision Committee's recommendation that the setback regulations be met when the parsonage is constructed. Helen Edmiston seconded. It was approved unanimously. The meeting was adjourned at 6:20 P.M& RESOLUTION PC 30-72 WHEREAS, at its regular meeting on Tuesday, September 19, 1972, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat known as Carsons Meadows Subdivision, submitted by Mrs. Rema Carson and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision contradt 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, ARUNSAS: 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 Carson Meadows Subdivision described as follows: A part of the SE4. Section 32, T -17-N, R -29-W, Washington County, 10 Arkansas, more particularly described as foillows: Beginning at a point 13.10 feet West of the SE corner of said Section 32, said Point of Beginning being on an existing fence; thence N 20 251 E 1390e68efeet along an existing fence to an existing iron pin; thence S 890 45' W 1444.29 feet along an existing fence; thence N 30 401 W 185.94 feet along an existing fence to an iron pin on the Southerly ROW of State Highway 45; thence S 660 221 W 470 feet along said ROW; thence S 80 351 E 199.93 feet; thence S 0' 53' W 342.88 feet; thence Faat 247.65 feet; thence S 10 00, E 825,00 feet; thence S 890 301 E 1540.88 feet along the South Line of said Section 32 to the Point of Beginning and containing 54.16 acres, more or less, PASSED AND APPROVED thi's 19th day of September 19729 APPROVED: ROY CLINTON, Chairman ATTEST: 0 Ernest Jacks, Secretary 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 Carson Meadows Subdivision described as follows: A part of the SE4. Section 32, T -17-N, R -29-W, Washington County, 10 Arkansas, more particularly described as foillows: Beginning at a point 13.10 feet West of the SE corner of said Section 32, said Point of Beginning being on an existing fence; thence N 20 251 E 1390e68efeet along an existing fence to an existing iron pin; thence S 890 45' W 1444.29 feet along an existing fence; thence N 30 401 W 185.94 feet along an existing fence to an iron pin on the Southerly ROW of State Highway 45; thence S 660 221 W 470 feet along said ROW; thence S 80 351 E 199.93 feet; thence S 0' 53' W 342.88 feet; thence Faat 247.65 feet; thence S 10 00, E 825,00 feet; thence S 890 301 E 1540.88 feet along the South Line of said Section 32 to the Point of Beginning and containing 54.16 acres, more or less, PASSED AND APPROVED thi's 19th day of September 19729 APPROVED: ROY CLINTON, Chairman ATTEST: 0 Ernest Jacks, Secretary 0 RESOLUTION PC 31-72 BE IT RESOLVED2 by the Planning Commission of the City of Fayetteville Arkansas, that a public hearing be called for the purpose of amending the I Land 1Usd.�Plannforj.*th64&r.ea around Highway 62 West, BE IT FURTHER RESOLVED, that the Planning Administrator is hereby ordered to advertise said public hearing for the first meeting in November (November 7. 1972).9 by publishing a notice of said public hearing in the Northwest Arkansas Times at least fifteen (15) days in advance, PASSED AND APPROVED this . 19th day of September � 1972* APPROVED: ROY CLINTON, Chairman L