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HomeMy WebLinkAbout1973-02-06 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met 8 4:00 1973 in the Directors Room, City Administration Arkansas. Members Present: Members Absent: Others Present: P.M., Tuesday, February 6, Building, Fayetteville, John McGuire, Christine Childress, Donald Nickell, Morton Gitelman, Roy Clinton, Ernest Jacks, Al Hughes. Dr. Walter Brown, Helen Edmiston. Ray White, David McWethy, F. H. Martin, Larry Wood, Mrs. Robert Krudner, Mrs. George Meyer, Mr. Carmichael, Mr. Sloan, City Attorney(. David Malone, Loris Stanton, Chairman Roy Clinton called the meeting to order. The mintues of the Jan. 16, 1973 Planning Commission were approved as mailed with one correction. Chairman Clinton,called for a report from the nominating committee. Christine Childregg, Chairman of the committee, reported that the committee had met, and wished to nominate as officers for the year 1973, Roy Clinton as Chairman, ELECTION Morton Gitelman as Vice -Chairman, and Ernest Jacks as Secretary. Al Hughes OF moved that the nominations put forth by Mrs. Childress be accepted, and that OFFICERS they be appointed by acclaidation,'.>' Ernest Jacks seconded the motion, which was approved unanimously. Chairman Clinton opened the public hearing on rezoning petition R73-4, PETITION Speedway Grocery, Inc., to rezone property at 1789 Highway 45 East, from R73-4 R-1, Low Density Residential District, to C-2, Thoroughfare Commercial SPEEDWAY GRO., INC 'District. 1789 HWr. 45 Larry Wood presented the staff report. He made one amendment to his written report, in that sewer facilities are not on the site at this time. F. H. Martin, attorney, represented the petition. He stated that the rezoning is requested in order to enable his clients to put a canopy over the gas pumps. They realize that the rezoning would mean that they could do some- thing else, but this is their proposal. The property currently has a non- conforming, convenience grocery on it. Mrs. Robert Krudner and Mrs. George Meyer were present to oppose the rezoning. They are both adjoining property owners. The ladies asked the permitted uses in the C-1 Zoning District. Chairman Clinton said the petitioner has requested C-2, but Mr. Wood has recommended C-1. Once the property was rezoned to C-1, they could expand their operation on the whole C-1. Mrs. Krudner asked if a liquor store could be put on C-1, and she was told that it could not. Mr. Carmichael said he had a letter from Mr. Bill Sonneman, who owns the property across the street. He is against the change to C-2, because of heavy traffic, the fact that there are no sidewalks that leadtto the east from the school, and Mr. Carmichael joins him in the sentiment. He could see no reason why it would be necessary to rezone to C-2 in order to construct the canopy. Mr. Sloan, who owns property immediately across the street from those that do adjoin this property stated he was also against the change in zoning; based on the effect this might have on some other properties along the highway. Donald Nickell asked the people in the audience if they were opposed to the canopy over the gasoline pumps, or if they were merely opposed to the rezoning. They stated they were merely opposed to the re- zoning; they did not oppose the gasoline pumps. Mr. Nickell asked Mr. F. H. Martin how high the canopy would be, and whether it would block traffic.vision. Mr. Carmichael said that he did not think it would block traffic vision with the present location of the pumps. Ernest Jacks E. Planning Commission Page 2 February 6, 1973 conferred with Mr. Wood on his proposal. He said that much more traffic in that area concerned him, especially on Highway 45. He asked Mr. Wood's reaction to try to limit commercial to the south side of the highway and maybe allow R-2 on the north side. He said that commercialization of the north side ofthe high- way worries him from a traffic standpoint. Mr. Wood said that he thought that multi—family would be much better on the north side if it could be encouraged. The problem he saw was that furtheh-holding:out by the City might bring the issue to court, and the City'wonid tie forced to acdept something there over which it would have no control. Donald Nickell moved that temporary relief be giver here under a time plan or until they could get the structure up, and then let the property stay zoned as it is. Ernest Jacks seconded the motion. City Attorney David Malone said that for the record, he must recommend against that sort of proposal. He had done so for the Board in the -past. The City runs into problems, if withing 6'months, we seek to rezone the property again and the property owners'db not want it rezoned. If the property owners take it to court, the City has a hard time justifying rezoning it back. Mr. Malone said that in his opinion, it was a bad precedent. Several of the Planning Commission members stated that they werednottaware that the motion would necessitate.reioning.paittwascpbihted •oiut-.tohthem;rhowever, that this was the only wayyto grant relief. F. H. Martin asked if the immediate area around the gas pumps could be rezoned. Chairman Clinton said it is within the pervue of the Commission to change tte size of the area being rezoned. John Maguite'said it seemed to him that they were setting a dangerour precedent. In this case, the neighbors did not mind the proposed canopy. In the next case, they might oppose it. He thought they should either leave the zoning as it is, or rezone it to C-1, and the inter- mediate shams be avoided. Al Hughes asked for the specifics of the motion by Mr. Nickell to clarify it. Mr. Hughes had not understood itcinathe;form of rezoning. Mr. Nickell said that he did not intend to labor the point, but he saw a party interested in some relief to pat a canopy over a gas station. He suggested that if the people were willing, that they sign a statement that that is all they are planning to do. John Maguire said that he believed the 1.4 acres is best suited to neighborhood commercial than anything else. It has no, or little, economic value for any other use. Mr. Nickell ammended his motion to rezone an area 40 ft. around the gas station pumps,in_each direction and out to the highway for a period of 4 months. Ernest Jacks ammended his second. When the vote was taken, Jacks, Nickell, Clinton and Hughes voted "aye." Maguire, Childress and Gitelman voted "nay". The motion did not pass. John Maguire recommended that the Commission adopt the plan to rezone the 1.4 acres, and look favorably upon what the planner has recommended. Mr. Maguire moved to ammend the request to C-1, Neighborhood Commercial District and to approve it. Morton Gitelman seconded the motion. Maguire and Childress voted "aye". Nickell, Gitelman, Clinton, Hughes and Jacks voted "nay". The motion did not pass. Chairman Clinton told Mr. Martin that in effect, the Commission has denied the petition, and he does have the right to appeal this decision to the Board of Directors. The Planning Commission continued the public hearing on an amendment to the AMEND land use plan for property along Highway 62 West, between Highway 71 by-pass LAND USE and the City limits line, previously continued from November 28, 1972. HWY. 62 W. Larry Wood had prepared a map, showing the recommended zoning along this area, and showing proposed access points; some full access points and some limited access points in the area. He stated he thought the Planning Commission • Planning Commission Page 3 February 6, 1973 and Board of Directors can effect any plan in a given atea they want to, if they make commitments in that area. On Highway 62 West, it was his opinion they could come back and contain some of the commercial activity, and yet allow some groupings on Highway 62, if that is what they want to do. Certainly that would be more desirable than strip zoning. From the By-pass to One Mile Road, he said it would appear the uses are set, even though we do not have commercial zoning there at this time. He thought the economic pressure is such that if the City refuses to recognize it, we're just looking at vacant land til there is enough pressure to force commercial activity. He preferred to have desirable commercial grouping, and try to get access control with good parking. He recommended the Commission consider commercial from the West side of 71 Bypass to a point roughly 300 feet West of One. Mile; Road, from that point to where Old Farmington Road runs back in, he was recommending R-2 or R-3•c.Regai!ding the c Cate's property, he was considering commercial for the entire frontage back to a certain depth, but with a church and residential there, it would be much easier to develop residential facing the church, and then come in with commercial backing up to the residential, and heading to the west. In this area, we already have a commercial grouping started. He recommended commercial for that section, followed by multi -family for a short distance, then R-1. He recognized that the creek could present a problem in some of the residential areas, and that the developer could come back in saying he could not afford to build a bridge and develop it residentially. The black dots on the map indicated possible full access points. The arrows recommended right turn in, right turn out accesses only. Most of them have been placed to allow joint access to two different pieces of property. The accesses are spaced about 600 ft. apart for full access points, with intermediate bight turn in, right turn out points midway between thoseefull access points. Once the City settles on a land use plan, he would like to take the access points to the City Engineer, Street Supt, and Highway District Engineer and get their viewpoints. If the Highway Dept. says we cannot do what he has recommended, then he did not think they should try it. If the City were to adopt access controls above and beyond the Highway Dept., then he thought they could follow through on the plan, but he would prefer to work with the Highway Dept. On the south side, the Commercial depth represents 300 ft. On the North side, they can go by property lines in some cases. On the Cate's property there might be a problem with commercial on the north side of the creek. He feels that they should look at it again if the creek cannot be realigned. Donald Nickell asked whether Mr. Wood_had talked to the Highway Dept. and whether there would be any improvement to widen Highway 62. He said he thought they had it in their 12 year plan. City Attorney David Malone said they had originally had it in their 6 year plan, but he understood they have moved it back and they do not expect to be able to get to it in the 6 year plan. Mr. Wood said that sometime we are definitely looking toward widening that to 4 lanes all the way to the city limits. Al Hughes asked Mr. Wood's reasoning for high-density between commercial areas. He said there is not now commercial activity in this area. The creek presents some problems, the other reason would be just to develop a break between the commercial groupings. Mr. Wood expressed the three ways that highway zoning is likely to change. One is single-family lots one hundred by 150 feet or so in size convert one by one in a strip down the highway. This is a bad example. Another example is shopping centers whibh are an improvement. The third example would be linear zoning. He feels that this is a legitimate form of commercial activity when you give it enough depth so that they can get their buildings back and can get parking as if it is a shopping center only it is strung -out. The problem is how to connect this type of linear zoning so you do not have to constantly go in and out on the highway to get from one business to another. Marton Gitleman` said he understood what Mr. Wood was saying but he was very pessimistic about it. The problem will be that an individual will come in without • Planning Commission Page 4 February 6, 1973 caring or checking with a neighbor. Mr. Gitelman thought the plan makes sense on the South side but doubted whether it would work on the North side. Mr. Gitelman moved to adopt the plan presented by Mr. Wood as an amendment to the Land -Use plan, with one change to be made. The Cate's property on the West side of Old Farmington Road to be shown as commercial use. Al Hughes seconded the motion which was approved unanimously. Chairman Clinton requested Mr. Wood contact the City Engineer, Street Superintendent, and Arkansas Highway Department District Engineer to see what they thought about the access points proposed. Chairman Clinton felt that a public hearing on rezoning petition R72-43, PETITION R72-43 Gerald and Marie Cates to rezone property located on Highway 62 West and Old GERALD AND Farmington Road from A-1 Agricultural District to C-2 Thoroughfare Comer- MARIE CATES cial District previously continued from January 16, 1973 should be further HWY 62 W. continued. Earnest Jacks moved to continue petition R72-43. Donald Nickell -PUBLIC -HEARING seconded the motion which was approved unanimously. TO AMEND ORD; NO. 1747 (PUDS) Chairman Clinton opened the public hearing on the proposed ordinance to consider an amendment to the zoning ordinance no. 1747 to amend the acreage requirements for a planned development. Larry Wood reviewed previous recommendations given in November 7, 1972. Christine Childress left during the discussion. In November, two alternatives had been suggested for amendments to the acreage requirements. Alternative number one would amend the ordinance to provide the minimum of five acres or fifty dwelling units. This would enable a PUD in an R-1 District of five acres, an R-2 District of about 2i acres, and an R-3 of about 11 acres. However, if the 100 dwelling unit minimum for accessory commercial uses in the PUD are retained this might encourage PUD applications only on 4,2; acre R-2 tracks or on 24 acre R-3 tracks. Alternative number 2 would amend the ordinance to pro- tide a minimum of 2 acres in any district with no dwelling units require- ments. This would enable a PUD in an R-1 District of 2 acres with 14 dwelling units maximum. An R-2 District of two acres with 48 dwelling units maximum and an R-3 District of 2 acres with 88 dwelling units maximum. Loris Stanton said that there is a market for this type of dwelling. It is getting so tremendously expensive to buy a lot and build a single-family dwelling on it. Many of these people, however, can afford to buy a condominium. Al Hughes moved to adopt alternative No. 1 to provide a minimum of 5 acres or 50 dwelling units. Donald Nickell seconded the motion which was approved unanimously. Chairman Clinton said that regarding the public hearing to consider an AMEND ORD. 1750 amendment to subdivision no. 1750 to amend the acreage requirements for a Large Scale Development. This matter should be referred to David Malone, City Attorney, if there is a conflict between this ordinance and ordinance 1747. If there is, it should be brought back to the Commission for amendment. Chairman Clinton said that he personalty never intended that the new Sign DISCUSSION OF Alo Ordinance adopted would not have the right of appeal to anybody other POSSIBLE APPEAL than to the courts. Earnest Jacks and Donald Nickell also said that they FOR ORD. 1893 had not intended this in their approval of the ordinance. Chairman Clinton SIGN ORD. asked the Planning Administrator to put a discussion on this matter on the next Planning Commission agenda. Planning Commission Page 5 February 6, 1973 Chairman Clinton opened the public hearing to consider an amendment to AMEND PLANNING AREA the Planning Area Map which had been passed and approved June 29, 1970. Public Hearing The purpose of this is to adjust the boundaries so that there will be no conflict in the Beaver Water District boundary. In some instances now, certain properties are within the Planning Area of Fayetteville, but must get their water through Springdale and vice versa. Earnest. Jacks moved to approve the change in the Planning Area Map. Morton Gitelman seconded the motion, which was approved unanimously. City Attorney David Malone, submitted proposed changes to the Planning Commission by-laws to (1) change the regular meeting time of the Planning AMEND BY=LAWS Commission to 4:00 P.M. on the first and third Tuesday of each month. (2) To provide that on matters involving amendments to the zoning ordinancet1the affirmative vote of at least a Majority of the whole number of members comprising the Planning Commission is required for any action. On other matters, and unless otherwise required by law or these other regulations, the affirmative vote of at least a simple majority of the members present would be necessary for the adoption of any motion. Al Hughes moved to approve the proposed changes subject to no conflict with any overriding law. Donald Nickell asked whether the Commission thought that they would have better audience participation if the meetings were to be held at night. Chairman Clinton did not think there would be. Earnest Jacks seconded the motion made by Al Hughes. The motion was approved unanimously. The meeting was adjourned at 6:10 P.M. RESOLUTION PC 4-73 WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Fayetteville, Arkansas, the City Planning Commission held a public hearing on the following rezoning petition, Tuesday, February 6, 1973, 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 recommendations to the Board of Directors on the following rezoning petition. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the petition of Speedway Grocery, Inc., Petition No. R73-4, to rezone the following described property be denied: Lot Numbered One (1) of Harterts Fiarview Addition to the City of Fayetteville, Washington County, Arkansas. PASSED AND APPROVED this 6th day of February , 1973. APPROVED: ROY CLINTON, CHAIRMAN RESOLUTION PC 4r1-73 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, February 6, 1973, 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 a proposed amendment to the Land Use Plan around the area of Highway 62 West from Highway 71 By -Pass to the City Limits Lines; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIJJF, ARKANSAS. SECTION 1. That the proposed amendment, attached hereto and made a part hereof, be adopted to amend the existing Land Use Plan for the area around Highway 62 West, except that the Cate's property on the west Side of Old Farmington Road be a commercial use. PASSED AND APPROVED this 6th day of February , 1973. APPROVED: ROY CLINTON, Chairman • -' • .. RESOLUTION PC 4.2-73 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, February 6, 1973, 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 a -proposed ordinance to amend Ordinance #1747 to amend the acreage requirements for a planned unit development; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the proposed ordinance, attached hereto and made a part hereof, be adopted to amend Ordinance #1747 to provide the minimum of five acres or fifty dwelling units. This would enable a PUD in a R-1 District of Five acres, an R-2 District of about 2i acres, and an R-3 District of about 1 acres. PASSED AND APPROVED this 69 day of FBRQAR`c , 1973. APPROVED: ROY CLINTdN, Chairman A • • RESOLUTION PC 4,3-73 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, February 6, 1974, 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 reco .endation to the Board of Directors on a proposed amendment to the Planning Area Map which had been passed and approved June 29, 1970. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVU.LF, ARKANSAS. SECTION 1. That the proposed amendment, attached hereto and made a part hereof, be adopted to amend the Planning Area Map to adjust the boundaries so that there will be no conflict in the Beaver Water District boundary. PASSED AND APPROVED this 6th day of February gi 1973. APPROVED: ROY CLINTON, Chairman RESOLUTION PC 4.4-73 WHEREAS, a public hearing was held by the Fayetteville Planning Commi- ssion, Tuesday, February 6, 1973, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circu- lation; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on proposed changes to the Planning Commission By -Laws. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the proposed changes, attached hereto and made a part hereof, be adopted to change the previous By -Laws to (1) change the regular meetint time of the Planning Commission to 4:00 P.M. on the first and third Tuesday of Each month. (2) to provide that on matters involving amendments t� the zoning ordinance the affirmative vote of at least a majority of the whole number of members comprising the Planning Commission is required for any action. On other matters, and unless otherwise required by law or these other regulations, the affirmative vote of at least a simple majority of the members present would be necessary for the adoption of any motion. These preceding changes were approved subject to no conflict with any overriding law. PASSED AND APPROVED this 6th day of February , 1973. APPROVED: ROY CLINTON, Chairman