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HomeMy WebLinkAbout1972-11-07 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, November 7, :ot 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Helen Edmiston, Roy Clinton, Ernest Jacks, Al Hughes, Christine Childress, John Maguire, Morton Gitelman. Members Absent: Dr. Walter Brown, Donald Nickell. Others Present: Larr7 Wood, Thomas A. Burke, Loris Stanton, Gene Thrasher, Pete Young, Truman Smith, Jess Hawkins, Mrs. Homer Jones, City Manager Donald Grimes, Charles Scharlau, Margaret Bolsterli, Joe Guinn, Roy Simpson, Jo E. McClelland, L. J. Erlich, Marion Orton, Chairman Roy Clinton called the meeting to order, The minutes of the October 17 Planning Commission meeting were approved as mailed. Chairman Clinton opened the public hearing on Rezoning Petition R72-38, J. B. Hays, for property located on the Southeast corner of the intersection of North College Avenue (Highway 71 North) and Zion Road, from A-1. Agricultural District, to C�2, Thoroughfare Commercial District. Larry Wood presented the Staff Report and made a correction in the prepared Staff Report previously mailed to the Petitioner and the Commission members. He said he now believed the property to be vacant. The recent special study of the By-rpass corridor would indicate R-0. Residential -Office, zoning for the West part to line up with the C-2 on the property to the South and R-2 recommended for the remaining property to the East. There is recommended a service road on the western part of the operty to tie to Zion Road and also to the service road to the South. Attorney Thomas Burke represented the petition, He asked to have the property rezoned because of changes out there and in line of development and nature and location of this land. The Mall is just across the highway; the Ramada Inn, funeral home, Elks Club, Arkansas Westerm Gas Company are all near. He did not believe this property will ever develop in any way except commercially. He said there is already a lot of R-0 at this time. He thought if the front part develops commercially, it is unlikely the rest will develop in any other way. He expected Zion Road to become a cut off road in the future, There was no one present to oppose the petition, Al Hughes asked whether there were any definite proposals for the property now. Mr. Burke said there are no commitments at this time. Ernest Jacks asked if there were any plans for a traffic light. Chairman Clinton said General Growth Properties had said two were planned, but that the local highway department was not aware of any. There were no further questions, The public hearing was closed. MINUTES R72-38 Je B. HAYS N.College & Zion Rd. I Chairman Clinton opened the public hearing on Rezoning Petition R72-40, PETITION R72-40 Jere and Mary Block, for property located on the Southwest corner of the JERE & intersection of Poplar Street and Birch Avenue, from R-3,,, High Density MARY BLOCK Residential District, to I-1, Heavy Commercial & Light Industrial District.foplar Birch Larry Wood presented the Staff Report. 10 11-7-72 .2 - Loris Stanton represented the petition, He said he understood when the present zoning map was being adopted that the R-3 had been a compromise zoning, but there has not been any development along these lines. He felt the trend was more to commercial or industrial. He said Capital Tobacco and Candy Company wantsto build on this property and this would have a law traffic volume. He did not think this property was subject to flooding and did not believe this was a problem to be solved by the applicant anyway. Nor, could the applicant do anything about the traffic problem on Gregg Avenue. There was no public opposition present. Mrs. Childress asked whether the construction of the building in this area would create any drainage problems. Mr. Stanton did not think so. Gene Thrasher asked whether Birch Avenue they are building connected up with the street going North and how far they were building Birch Avenue. Mr. Stanton said it will be built all the way to the railroad tracks. Mr. Thrasher thought the property should be industrial. Helen Edmiston said they have given 5 ft. additional right-of-way on Birch Avenue. Mrs. Childress asked if they would have enough property to meet setbacks, parking requirements, etc. if this is rezoned. Mr. Stanton said they would. The public hearing was closed. Chairman Clinton opened the public hearing to consider an amendment to the Land Use Plan for property along Highway 62 West between Highway 71 By- AMEND LAND USE pass and the City Limits Line. Highway 62 W. Larry Wood gave a presentation. He recommended commercial development for a reasonable distance both North and South of Highway 62 to the end of the City Limits. He did not really think strip commercial is a good policy, but didn't see any way this area can be retained for residential activity. Therefore, he recommended the Commission go ahead and recognize it as a linear commercial with sufficient parking, sufficient setbacks of buildings in this area and allow it to develop with (1) either parallel service roads along Highway 62, or (2) access control regulations such as adopting the Arkansas Highway Department regulations with modifications, 200 foot spacing for access points with additional access points being right turn in and right turn out only. Properties with frontage of 50 fte or less be encouraged to place their access at one side or the other so that when the adjacent properties develop we can keep 100 ft. separation. He said internal parking lots should be encouraged to be connected.so that shoppers can move from one store to another without going back onto the major highway. He emphasized that this must be well controlled* Chairman Clinton said he felt the "properties with frontage of 50 ft, or less" should be changed to "properties with frontage of 100 ft. or less" and that this should be simplified so that it could be handled administratively. John Maguire suggested the Commission look at the service road possibility or have a minimum of 500 ft. between openings, in other words, if there are three lots with a total frontage of 600 ft, they would have to go together and whoever started first would set the pattern. Chairman Clinton asked Larry Wood to expand this some and to come up with two or three logical situations, diagram them and see what can be done. The present curb cut regulations were discussed. Ernest Jacks understood any curb cut was to be reviewed by the Commission, Bobbie Jones said the ordinance provides for the Commission to review them if a variance is needed and that she understood the City does not enforce its curb cut regulations on State and Federal highways, but refers people to the Arkansas Highway Department for these. 11-7-72 �3- Chairman Clinton opened the public hearing on Rezoning Petition R72-39, PETITION R72-39 Dooley Oil Company, Inc., and Dr. E. G. Dooley, for property located DOOLEY OIL CO* on the Northwest corner of the intersection of One Mile Road and Hwy, 62 & Highway 62 West, from A-1. Agricultural District, to C-1, Neighborhood One Mile Road Commercial District, Larry Wood presented the Staff Report, There was no one present to represent the petition. Gene Thrasher asked Mr. Wood how far South the plan he just presented would go with commercial, Mr. Wood said he was working with a depth of 250 to 300 ft. There was no opposition present and there were no further questions. The public hearing was closed, Morton Gitelman moved that the Commission recommend to the Board of d PETITION R72-38 Directors that Petition R72-38, J. B. Hays, be approved. Al Hughes seconded the motion. It was approved unanimously, Al Hughes moved that the Commission recommend to the Board of Directors PETITION R72-40 that Petition R72-40, Jere and Mary Block, be approved. John Maguire seconded the motion. Morton Gitelman said that if there is a flood plain problem, we are always better off dezoning to a less heavy use --industrial rather than residential and that he agreed with the applicant that he can't solve the flood problem. Clinton, Jacks, Hughes, Childress, Maguire, and Gitelman voted "Aye,,; Edmiston abstained because of an interest in the property. The petition was approved, Morton Gitelman moved to table the proposed amendment to the Land Use AMEND LAND USE, Plan for property along Highway 62 West in light of previous discussion -HIGP0AY 62 until the Commission solves this curb cut and access problem. John Maguire seconded. The motion passed unanimously to table the proposal, Al Hughes moved that the Commission recommend to the Board of Directors PETITION R72-39 that Petition R72-39, Dooley Oil Company, be approved subject to the final recommendations of Larry Wood and what the Commission considers to be fina4 and subject to the adoption by the Planning Commission for both depth and access and egress prior to the issuance of a building permit. Ernest Jacks seconded the motion, which was approved unanimously, Morton Gitelman presented a report on a study made by he and Larry Wood STUDY ON on regulations of other cities for planned unit developments. He said this PLANNED UNII came about because of expressions that the 20 acre minimum requirement for DEVELOPMENT a PUD was so high we were not getting any applications for PUD's. He said REQUIREMENT.c: they found a great deal of difference in other cities in terms of minimum areas. Our present ordinance requires 20 acres and also has a minimum of 100 dwelling units to have commercial development. Also, our density is based on the particular zone for each PUD. They found two model statutes and ordinances. One sets a minimum area of 2 acres.a the other did not set a minimum acreage, but did provide for a minimum of 50 dwelling units. He said they both agree the 20 acre minimum is too high and should be reduced to encourage developments, but could not quite agree on where to set the minimum. They suggested two alternatives: (1) provide for 5 acre or 50 unit minimum in the development; or (2) go to a minimum of 2 acres in the development with no minimum dwelling unit requirement. Mr. Wood said that under alternative No. 2 he would certainly recommend that the minimum number of dwelling units for a commercial use be retained. Mr. Gitelman said the concept of the PUD was developed for two reasons: (1) to give the Planning Commission flexibility; 1 19 11-7-72 and (2) to encourage innovative development. The developer can save a considerable amount of cost on streets and utilities. Some of this savings in cost can be passed on to the consumer, Pete Young said he would like for the Commission to adopt the "California concept." People do not want to buy a#5,000.00 house because you don't get much house after you pay for the yard, He did not think commercial should be added. Under the California concept, you get a good house without paying for a large yard. Mr. Wood pointed out an error in the draft on Alternative No. 2. The maximum density for R-3 should be 80 units, not 88 units. Mrs. Edmiston suggested the Commission hold a public hearing on reducing the minimums for planned unit developments. John Maguire moved that the Commission call a public hearing to amend the zoning ordinance to reduce the minimums for planned unit developments and that both alternatives, No. 1 and No. 2, be considered. Helen Edmiston seconded the motion, Mrs. Childress said that since we were originally on a 20 acre minimum, if we go down to 2 acres, this would seem to be a sioll piece of land. The CALL PUBLIC motion to call a public hearing was approved unanimously. HEARING The next matter considered by the Commission was a request of Jess Hawkins for a variance or waiver under Article 4, Section A of the Subdivision JESS HAWKINS Regulations. Mr. Hawkins and Mrs. Homer Jones were present. Attorney Wyman Road Truman Smith represented Mr. Hawkins. The Commission had been mailed material Variance explaining that Mr. Hawkins had sold two lots off the front of his property on Subd.Regs without processing through the Planning Office and had retained only about 39 ft. frontage for himself for access to the back half of the property. This 39 ft. was not sufficient for either lot width or for street width. Mr. Smith said he realized that the Subdivision Regulations require 50 ft. for a street with curb and gutter. He requested a waiver to allow Mr. Hawkins to develop as explained and asked permission to possibly sell one more lot off the back portion at a later date. He did not wish to develop a street, but to retain the 39 ft. as a drive. City Manager Donald Grimes said that one other problem is that this has been recorded in the Court House in violation of the State Statutes and the City regulations. This is a major problem. Chairman Clinton felt a letter should be written to the County Clerk on this, because the citizen does not realize these regulations exist, Christine Childress left the meeting at 6:00 P.M. John Maguire moved that the Commission grant the waivers on the two lots already sold with the stipulation that no further division is to be made �on the th.`J�d tract. Helen Edmiston seconded the motion which was approved unanimously. Chairman Clinton asked the Planning Administrator to contact him so they JOINT MEET - could draft a letter and request that the Planning Commission meet with the � ITH IT County Planning Commission at their convenience and ask Mrs. Roberts to COUNTY PVNNING attend. COMMISSION Paul Young III had requested that his large scale development plan for a nursing home on Appleby,Road to be known as Apple Tree Inn be pulled from the agenda, The revised preliminary plat for East Gate Addition #2, South of Seventh EAST GATE #2 Street and West of Wood Avenue, submitted by Charles Barrett was discussed Preliminary next. It was explained that the Commission had approved a preliminary plat Plat for this property some time ago, but that this approval is only good for one year unless work on the subdivision is proceeding; the approval had expired. 11�7-72 Mr. Barrett has now revised the plat to develop only three lots and requests approval of the revised plat. Ernest Jacks recommended approval contingent upon the comments of the City Street Superintendent. Helen Edmiston seconded the motion which was approved unanimously, The large scale development plan for a medical clinic on Green Acres Road FINCHER-HUTSON submitted by Dr. Fincher and Dr. Hutson was reviewed. Ernest Jacks moved MEDICAL CLINIC that the plan be approved. Helen Edmiston seconded the motion which was Green Acres Rd. approved unanimously. L.S.Developmenti Larry Wood gave a report on a study of the R-3 zoning of that area lying West of Razorback Road, East of Oliver Avenue, South of Cardwell, and North of STUDIY'OF R-3� Hotz Drive, He recommended the zoning district boundary be located along BETWEEN OLIVER the rear yard lines rather than down the street. & RAZORBACK Charles Scharlau disagreed with this, He said the pressures toward multi- family are already there. He thought the zoning district boundary should be down Oliver because of the topography of the area. Margaret Bolsterli, 333 Smith, said it might be true that large multi units have not been built yet, but that there is a large land space next door to her property and multi units there would ruin her and her neighborts property. Mrs. Joe Guinn said there are a nunber of faculty members from the University living in this area and that there are also a number of tracts large and unbidlt on in the R-1 area. ROY Simpson said there is no outlet from Halsell. Road except through Oliver, The area could develop into a great residential area if it is just let alone, but that they did not have roads and outlets for multi -family use. The future plans and intentions of the University were discussed. Mrs. Guinn said she had talked to Mona Wallace and Junior Miller at the University. Mr. Wood said he had talked to Mr. Vorsanger. Helen Edmiston moved that a public hearing be called on rezoning part of this CALL area back to R-1 as recommended by Mr. Wood and that a special invitation be PUBLIC sent to Mr. Vorsanger for someone from the University to appear at the hearing. HEARING John Maguire seconded the motion. It was approved unanimously. Charles Wuest had requested that the Pearson-Wuest Addition outside the PEARSON-WUEST City, but inside the Planning Area be withdrawn from the agenda, ADDITION The next item was the preliminary plat to replat part of Bird Haven Terrace, a subdivision on Mt. Comfort Road, submitted by Ottis Watson, This had BIRD HAVEN been reviewed by the Subdivision Committee. Ernest Jacks reported that TERRACE the Committee had a question on how feasible it would be to use two lots Preliminary in the subdivision for septic tank purposes for the entire subdivision Plat to until City sewer reaches the subdivision in the near future. City Engineer Replat Part Paul Mattke had felt it would work. Otherwise there was nothing wrong with the plat. Ernest Jacks moved to approve the preliminary plat subject to the approval of the County Health Sanitarian on the sanitary sewer, Helen Edmiston seconded the motion which was approved unanimously. Ernest Jacks asked J. E. McClelland his opinion on using two lots for a septic tank. Mr. McClelland said he had not run any tests to determine whether it would work, Chairman Clinton asked City Manager Donald Grimes to get the Commission a copy of the map with water lines and service areas to be served in the GROWTH AREA proposed growth area before the next meeting, *J 11-7-72 .6. The next matter was a request of,th6'Northwest Arkansas Racing Pigeon Association for an ordinance permitting racing (homing) pigeons and REQUEST FOR lofts in residential areas, L. J. Erlich, spokesman. Mr. Erlich was REGULATIONS ON present. Mr. Erlich said the lofts would be kept clean and sanitary RACING PIGEONS and that birds would not be permitted to be loose at large or to,light Le J. Erlich on people's houses, He said both the Boy Scouts of America and 4-H Clubs encourage boys to earn merit badges in this manner. He said a pigeon loft looks like the portable buildings sold by Ozark Portable Buildings. Chairman Clinton asked if he was proposing to have an individual home- owner have a loft on his property. Mr. Erlich said this was the proposal. He said they are continually in a program of trapping the wild pigeons from the City streets, Ernest Jacks expressed disapproval of the trapping of the wild pigeons. Mrs. Orton said she had called the University. They said it is against the Arkansas Game and Fish regulations to trap pigeons and other birds except English Sparrows, crows (which are now controlled by Federal law), game birds, and Starlings. Morton Gitelman said he regarded this as a question.' not of a legal nuisance, but a kind of nuisance in the R-1 areas, He said he had had previous experience on this subject in Denver when a neighbor started keeping pigeons and they had a big "ruckus" about it. He recommended the Commission take no action, let the people raise pigeons, and then if they had objections filed take some action. Mrs. Orton said she thought the ordinance was too specialized and there should be some provision for different types of pets. Mr. Erlich said there are several people that would like to raise pigeons but that they don't want to get started and then have the neighbor complain. Chairman Clinton asked that this be referred to the City Attorney for an opinion on what classification he thinks this falls under. Chairman Clinton instructed the Planning Administrator to schedule a special SPECIAL Planning Commission meeting for Tuesday, November 14, 1972, at 4:00 P.M. MEETING on the proposed sign ordinance. on sign ord, The meeting was adjourned at 7:00 P.M. RESOLUTION PC 32*2-72 BE IT RESOLVED, by the Planning Commission of the City of Fayetteville, Arkansas, that a public hearing be called for the purpose of amending the Zoning Ordinance #1747 to reduce the minimum for planned unit developments and that both alternatives, (1) provide for 5 acre or 50 unit minimum in the development, or (2) go to a minimum of 2 acres in the development with no minimum dwelling unit requirement, be considered, BE IT FURTHER RESOLVED, that the Planning Administrator is hereby ordered to advertise said public hearing by publishing a notice of said public hearing in the Northwest Arkansas Times at least fifteen (15) days in advance, PASSEDN AND APPROVED this 7th day of November 1972* APPROVED: ROY CLINTON, Chairman 0 0 RESOLUTION PC 32o3-72 BE IT RESOLVED, by the Planning Commission of the City of Fayetteville, Arkansas, that a public hearing be dalled for the purpose of amending the General Land Use Plan for the area lying West of Razorback Road, North of Hotz Drive, and South of Cleveland Street. BE IT FURTHER RESOLVED, that the Planning Administrator is hereby ordered to advertise said public hearing byrpublishing a notice of said public hearing in the Northwest Arkansas Times at least fifteen (15) days in advance, PASSED AND APPROVED this . 7th day of November 1972* APPROVED: ROY CLINTON, Chairman RESOLUTION PC -72�33 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 7. 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, after the �ublic hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition No. R72-38, Dr. Jo B. Hays, NOW THEREFORE, BE IT RECOMMENDED 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 rezoning from A-1. Agricultural District to C-2, Thoroughfare Commercial District said real ,estate, LEGAL DESCRIPTION: Part of the SJ of the NEk, SEk, of Section 23, T -17-N, R -30-W, more partidularly described as follows: From the SE corner of the NEk of the SE4 in Sec. 23, proceed S 890 21' 39" W 300 feet to the point of beginning, thence S 890 21' 3911 W 905.50 feet to a point on the East ROW line of U. So Highway 71, thence along said East ROW line N 010 021 001, w 61 feet, thence N 140 051 00" W 473.70 feet, thence N 120 06, 00ft E 50.50 feet, thence N 710 14' 00" E 158.10 feet, thence N 000 201 0011 W 37.27 feet, thence departing said East ROW line N 890 21' 39" E 851.89 feet, thence S 000 511 50" E 657." feet to the point of beginning and containing 14-337 acres, more or less all in 40 the City of Fayetteville, Washington County, Arkansas and subject to an easement for Zion Road on the North side thereof. SECTION 2. That the abofe-described property be rezoned from A-1.. Agricultural District to C-2, Thoroughfare Commercial District, so that the petitioner may use the property commercially, PASSED AND APPROVED this � 7)9� day of &Z)a 1972 APPROVED: ROY CLINTON, Chairman 0 usoLuTioN PC -72 -:1+ WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 7. 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, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R72�39, Dooley Oil Company. NOW THEREFOREs BE IT RECOMMENDED BY THE CITY PLANNING CONMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILIE� ARKANSAS, SECTION 1. That an ordinance be adopted for the purpose of rezoning from A�l Agricultural District to C-1, Neighborhood Commercial District said real estate, LEGAL DESCRIPTION1.1 Part of the SE4. NW4 of Section 19, T -16-N, R�30-W, described as follows: Beginning at a Point 49*5 feet South of the NE corner of said 40 acre tract, and running, thence South 710 West 116.5 feet, thence South 418 feet to the South line of U. S. Highway No. 62, thence North 710 East 116.5 feet to the East line of said 40 acre tract, thence North 418 feet to the place of beginning, containing 1 acre, the South line of said 1 acre tract being the North line of the former right-of-way of the Stl Is Louis and San Francisco Railroad. SECTMON 2. That the above-described property be rezoned from A-1. Agricul- tural District to C-1, Neighborhood Commercial District, so that the petitioner may construct a self-service gas station. PASSED AND APPROVED this . 7/� day of . =:I:Z�l d �p 19729 920400 ROY CLINTON, CHAIRMAN 0 RESOLUTION PC -1Z -'3!5 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 7. 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, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R72m4O, Jere Block and Mary Block, NOW THEREFOREO BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLEs ARKANSAS, SECTION 1. That an ordinance be adooted for the purpose of rezoning from R-3, High Density Residential District to I-1, Heavy Commercial and Light Industrial District said real estate, LEGAL DESCRIPTION: Lots 1 and 2, Block 8. Parker's Plat of Valley View Acres, Fayetteville, Arkansas, SECTION 2. That the above-described property be rezoned from R-3. High Density Residential District to I-1, Heavy Commercial and Light Industrial Dist., so that the petitioner may use the property commercially or industrially. PASSED AND APPROVED this 71lu day of - 2 6WONI�� s 1972* APPROVED: ROY CLINTON, Chairman 0