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HomeMy WebLinkAbout1973-02-27 MinutesThe Fayetteville 27, 1973, in the Arkansas. Members Present: Members Absent: Others Present: MINUTES OF A PLANNING COMMISSION METING Planning Commission met at 4:00 P.M., Tuesday, February Directors Room, City Administration Building, Fayetteville, Helen Edmiston, Morton Gitelman, Ernest Jacks, Al Hughes, Roy Clinton, Donald Nickell John Maguire, Dr. Walter Brown, Christine Childress. Guy Ramsey, Erval Fraley, Thomas McNair, Larry Wood, Harrison Davis, Edward Hancock, City Manager Donald Grimes, Julian Watts, Scott Sherrill, Z. L. Thomas, Walter Cox, Mrs. C. L. Thomas, Ervan Wimberly, Tom Henson, Harold Lieberenz. Chairman Roy Clinton called the meeting to order. The minutes of the Feb. 6, 1973 Planning Commission meeting had been previously mailed to the Planning Commission members. Ernest Jacks proposed a change in the wording of paragraph four, page 4. Following this change, the minutes were approved as corrected. MINUTES A conditional use request had been submitted by Bruce Terminix Co., for BRUCE TERMINIX use of property at 3263 N. College Ave. Guy Ramsey was present to repre— 3263 N.College sent the request. Exterminators are a conditional use in this C-2 zoning Conditional district. Mr. Ramsey also requested some relief from the Planning Use Re•uest Commission for a sign for which he had had a permit denied, because there is already a sign on this piece of property. Mr. Jacks said that the Planning Commission is only looking at the conditional use request. Harold Lieberenz told him that the sign question cannot be considered by the Planning Commission. And they are merely considering the question of approving the application for a certificate of occupancy. Chairman Clinton told Mr. Ramsey that the Planning Commission would take care of the conditional use request, then perhaps they would be able to work out 'something so that in the future, there would be a body to whom they could appeal for a sign. Helen Edmiston moved to authorize the conditional use request. Morton Gitelman seconded the motion, which was approved unanimously. Chairman Clinton said that the next 12 items on the agenda had previously been studied and reviewed by the Subdivision Committee. He proposed to let them relate these items to the Commission in full. He also pro— posed that in the future, they might use the Subdivision Committee and broaden the powers of the Planning Office for additions on tracts already in existance. Chairman Clinton suggested that the Planning Commission consider a resolution authorizing the Planning Office to review additions on one acre or more and allow them to issue a permit and approval. Then if they werenIt satisfied, that they could issue a permit, and these additions would be taken before the Subdivision Committee for approval. - However, if the Subdivision Committee feels that they need to come on to the full Planning Commission, the matters would be brought to the full Commission. He also said that it had been suggested that Plat Review minutes go only to the Subdivision Committee, and not to the full Commission. A petition had been filed to close a portion of a North— PETITION TO South street or alley, 790 X 20 ft. lying along the east side of Lots CLOSE ATS.RY 1, 8, and part of Lot 9, Block 1, Broad Acres Subdivision, and located Earvel Fraley on the South side of Cato Springs Road. This petition had been submitted by Erval Fraley. Mr. Fraley was present. Mr. Fraley stated that he wanted to close this street or alley, so that he could build a house on Planning Commission Minutes Feb. 27, 1973 Page 2 the property od the east side of the alley. He has apiece of property 100 ft. wide, and because of City requirements, he would have to be 45 ft. from the street or alley. Ernest Jacks said the question here is whether this is a street or an alley, and a matter for consideration is whether we need a street exten- sion here. He asked Mr. Fraley if he was aware of the requested ease- ments. Mr. Fraley said that all easements for utilities are provided for. There had been some earlier comments from Paul Mattke and Clayton Powell in opposition to closing the street or alley. Bobbie Jones, Planning Administrator said that she had talked to Paul Mattke in the hall on this recently, and he said the street as shown would involve building a bridge. He thought it would be better to bring it down to the creek and then follow the west side of the creek. Mr. Jacks also noted that 3fzthe7portion of:_the street requested td be closed;is closed, there will be some lots left down there without any street getting into them. Mr. Fraley said that he had talked with Paul Mattke, and Mr. Mattke had told him he could get access back into that area from the By-pass, and from the West. Chairman Clinton commented that the Sub:: division, as drawn, is impractical. Ernest Jacks. questioned whether action should be taken on the petitionsWithout7gettine into"cohtaot with those other property owners. Ernest Jacks moved to approve the closingof this North-South alley, subject to the agreement of the property owners of Lots 18, 19; 24, 25, 26, 21, and 20. Helen Edmiston seconded the motion, which was approved unanimously. A petition had been filed to close an East-West alley in Block 1, PETITION TO • West End Addition, submitted by Thomas Wiley McNair, Donnealia Kay CLOSE AITFj McNair, Steve Cummings, Mrs. Guy Carroll, and Ark. Western Gas Co. Thomas McNair Ernest Jacks reported that the petitioners wanted to close that East-West alley, and use it as a private drive, as an alternative to opening up Main Street across the north part of their property. The Subdivision Committee saw this as bringing up a question which the:P.lanning Commission needs to face on private drives on planned unit developments and apartment complexes. We have always heard that the police and fire departments will not go onto private drives. The Planning Administrator had contacted the Police Chief and the Fire Chief, regarding this matter. Mr. Jacks read the memo from the Planning Administrator to the Commission. Al Hughes asked Mr. McNair if in the closing of this publicalley, he intended to make it a private drive and open it at both ends. Mr. McNair said he did. The City has not been maintaining this alley, andbhe wished to extend it all the way through, with the proper drainage and such. Mr. Jacks reviewed a memo from Clayton Powell regarding the closing of the alley. Thomas McNair said that he would get with Clayton Powell when he got ready to work, and would do the work as Mr. Powell has said. Larry Wood asked Mr. McNair if the individual lots as they exist are inten- ded for sale, or whether the property would remain in one unit. Mr. McNair said they would not have individual lots. Mr. Wood said he was wondering who would open Main St. Helen Edmiston asked if the Commission is in a position to say that the lots on the north side of this tract could not be sold, since the lots would not have frontage on an open street. Helen Edmiston moved to approve the petition to close the alley. Al Hughes seconded the motion, which was approved unanimously. Planning Commission Minutes Feb. 27, 1973 Page 3 Ernest Jacks reviewed the proposed Large Scale Development plan of "Duplex Village", on West Stone Street, submitted by Thomas McNair. He called to the attention of the Commission and Mr. McNair that Clayton Powell, Street Supt., had some comments on drainage, and that there are additional R.O.W.'s needed. Thomas McNair said that all the drives would have turning radius' on them. Al Hughes moved to approve the L.S.D. plan, for Duplex Village. Helen Edmiston seconded, which was approved unanimously. Ernest Jacks reviewed the proposed L.S.D. plan for Scottish Inn on North College Avenue, which had been studied by the Subdivision Committee. He acknowledged a,note from Clayton Powell on putting the drainage in the highway drainage system, and said that some screening is needed on the East side. 11r. Jacks said that the Subdivision Committee recommends approval of the plan, with the exception that they need screening between this property and the residential property on the East side, and the comments from Clayton Powell on drainage. Bobbie Jones asked for clarification on whether the "oak grove could be used as natural screening. The Commission indicated this was acceptable. Helen Edmiston moved to approve the L.S.D plan for Scottish Inn, with a the condition just Cited on screening and drainage. Al Hughes seconded the motion, which was approved unanimously. A proposed Preliminary Plat of a replat of a part of Lot 2, Block REPLAT OF PART OF 6, and all of Lot 3, Block 7, Meadowlark Addition had been sub— MEADOWLARK ADD. mitted by Harrison Davis and Edward Hancock. Both Mr. Davis and Preliminary Plat Mr. Hancock were present. Ernest Jacks reported that the Subdivision Committee had studied it, and the only real problem would be the comments of Clayton Powell on streets and drainage. The comments seem to involve drainage more than anything. Harold Lieberenz reported that this subdivision was created while it was outside the city, and that is why there are no records of street improvements in our files. Chairman Clinton stated that Clayton Powell's arguments were definitely valid, and could probably be made for many streets in town elsewhere. City Manager Donald Grimes said he thought this constituted the original sub— division of this area, and therefore, it would come under our sub— division requirements. Helen Edmiston asked if perhaps David Malone needed to be consulted on this. Chairman'Clinton said that the subdivision may be so under=_' engineered, thatthere may not be a solution. Donald Grimes said that -- if it could be upgraded at this point, he did not think Clayton Powell would be unreasonable. He did not think it would be fair to other developers not to require something. Chairman Clinton questioned whether they had the power to require it. Edward Hancock said that he and Mr. Davis were under the impression that they were trying to get a replat rather than a plat, because there are 3 lots there already. Chairman Clinton asked that this matter be referred to the City Attorney, as to whether-or;not the persons developing would be required to bring these streets up to reasonable standards. As far as re—engineering he said, that might not be feasible. It was the will of the Commission that this matter be referred to the City Attorney for an opinion. DUPLEX VILLAGE W. Stone St. L.S.Development SCOTTISH INN N. College L.S.Development • • Planning Commission Minutes Feb. 27, 1973 Page 4 A proposed L.S.D. plan had been presented by Julian Watts for developmentof property on S. School Avenue. Mr. Watts was present. Ernest Jacks reported that the Subdivision Committee had reviewed this, and there were no problems, and recommends its approval. Mr. Jacks made the motion to approve this L.S.D plan. Helen Edmiston seconded the motion, which was approved unanimously. A proposed L.S.D. plan had been presented for a "Strike and Spare" bowling alley, on Highway 16 West, submitted by Boys, Inc. Ernest Jacks reported that the Subdivision Committee had studied the plan and therel.is a question on parking. Also, Clayton Powell had some comments on drainage,about not running it into the streets and highway, but picking it up on the property and running it into channels. The Curb Cut Ordinance also requires a 50 ft. separation from the intersection of a street to the curb cut. Mr. Jacks said that he thought that the Commission should hold to the major street standards for curb cuts. Mr. Jacks moved to approve the plan, subject to the comments on storm drainage and subject to meeting parking requirements, and the location of the entrance drive from the other street. Helen Edmiston seconded the motion, which was approved unanimously. The next 3 items on the agenda were related. They involved the closing of the North-South alley, the closing of an East-West alley, and the proposed L.S.D. plan for apartments. These 3 matters were discussed in connection with each other. The petition to close an unnamed alley between Lots 3 and 4, Evin's Farm Plat, had been submitted by Mr. and Mrs. Zara Lee Thomas and Union Life Insurance Corp. The petition to close an unnamed alley between Lots 4 and 5, Evin's Farm Plat, was submetted by Calvary Assemblies of God Church and Union Life insurance Co. The proposed L.S.D. plan for Century 21 Apartments to be located on par.£-ofyLot 4, Evin's Farm Plat, which is on N. Garland Ave.., was submittedby the Hardesty Company. Scott:Sherrill, with the Hardesty Company, was present to represent all three matters. Mr. Sherrill said that these are not designated as either alleys or streets, and ownership has ali ysypassed to the center of these alleys in the past. They propose to grant any, necessary utility easements required. Mr. Sherrill said that Z. L. Thomas has a residence beyond the end of the East-West alley, which has frontage on Leverett St. They have drawn up an easement agreeing to allow them access so long as the single family residence stays there. He said also, that there is proposed to be a new street about 24 ft. North of their north property line. Walter Cox, attorney, was present to represent the Thomas', who were also present. Mr. Cox said that the Thomas' are very much concerned about the closing of this East-West alley, without some guarantee for the future. He said they had not seen a copy of this easement that Mr. Sherrill had mentioned. Mr. & Mrs. Thomas said the City has named this alley Elm Street, and had given them a house number on Elm Street. They own approximately 15 acres and their property does go to Leverett St. They said that if the City is thinking JULIAN WATTS S.School Ave. L.S.Development STRIKE & SPARE (Boys, Inc.) Highway 16 West L.S.Development PETITION TO CLOSE AJJFYS Union Life Ins. Co CENTURY 21 APTS. N. Garland Ave. L.S.Development Planning Commission Minutes Feb. 27, 1973 Page 5 long-range planning, this alley or access should be according to City specifications, and there should be adequate streets and drainage. They said they do not want another Melmar here, and they had built this street to serve their purposes themselves. Chairman Clinton said that obviously the Thomas, want to retain their right to get to Highway 112, and Mr. Sherrill wants to make maximum use of the property he is working with. Chairman Clinton said that he did not ,think the. Commission is prepared to close this alley until they see if this matter can be worked out. Helen Edmiston asked the Thomas' whether they wanted to close the North-South alley. Mrs. Thomas said that they had been approached by Mr. Sherrill to close it, and had agreed to do so. At the suggestion of Chairman Clinton, Al Hughes moved to table all 3 items to enable the Thomas' and Mr. Sherrill to work out this problem. Donald Nickell seconded the motion. It was approved unanimously. A proposed L.S.D. plan for property on the West side of the By-pass opposite Washington County Fair Grounds was presented by Westark Real Estate and Development Co., Bill Bequette and Don Williams. The Plat Review Committee;hadtabled this matter for more infor- mation, and to enable them to meet with Mr. Bequette and Mr. Williams. Larry Wood told the Commission that in his study on the By-pass plan, he had recommended that this particular piece of property de zoned, and in relation to the service road, had recommended that the service road come up Kt the existing road on the West side of this property. The location of the service road had been based on the residential development of this property. When Mr. Wood saw this proposal was commercial, he said it was his thinking that the service road should be located on the By-pass side of the property. Chairman Clinton asked Mr. Wood whether he knew if the Arkansas Highway Dept. was firm enough in their plans on which'' alternative to take for future Highway 71 to provide the Commission with some information at this time. Mr. Wood said he did not think they were. Helen Edmiston moved to table this matter until the next meeting to enable the Plat Review Committee to meet with the developers. Ernest Jacks seconded the motion, which was approved unanimously. A proposed L.S.D. plan had been presented to add a 40 X 60 ft. addition to the South side of the E.P.C. building, Highway 71 South. Ernest Jacks reported that there were no problems he knew of. Mr. Lieberenz reported that the only question which had been brought up was whether the highway had enough R.O.W. here. Bobbie Jones said she had checked the plat book, and it had shown a minimum of 80 ft. at this point, and this is all the M.S.P. calls for. Chairman Clinton said this is the type of question where he felt the Commission should give broader license to the Planning Office. Ernest Jacks moved to approve the proposal. Al Hughes seconded the motion, which was approved unanimously. WESTARK REAL ESTATE Hwy. 71 By-pass L.S. Development ELKHART PRODUCTS Hwy. 71 South L.S. Development • • • Planning Commission Minutes Feb. 27, 1973 Page 6 A L.S.D plan for "Motel 6" on North College had been submitted by Continental Development Company. Ervan Wimberly was present to represent the plan. Ernest Jacks reported that the Subdivision Committee had studied the plan, and the only question was that there were some easements needed by the water and sewer supt. to serve the area. Mr. Jacks moved to approve the plan. Helen Edmiston seconded the motion, which was approved unanimously. City Manager Donald Grimes had written a letter to the Planning Commission, requesting that the Planning Commission consider an amendment to the Zoning Ordinance 1747, to declare a moratorium on building permits for lands under rezoning consideration. Morton Gitelman said he saw this as a question of policy, since the rezoning request can be filed by the Planning Commission itself, and a property owner could be caught up in this rezoning petition. Chairman Clinton asked how the ordinance would define a request for a rezoning study. Mr. Grimes said that it could be when a group of citizens files or submits a request for the Commission to study an area as was recently done along Razorback, or it could be when a petition is actually submitted by an individual. Donald Nickell left the meeting at 5:50 P.M. Chairman Clinton said that someone would have to determine what is an official rezoning request, and he asked Harold Lieberenz to study this as to the starting point for the moratorium, and to bring it up at the next meeting. The Commission entered into a discussion of possible appeal procedures for Sign Ordinance No. 1893. The Ordinance presently contains no appeal procedure. Chairman Clinton said that he would like to have the City Attorney draft an amendment to the Sign Ordinance, to the effect that the Board -of Adjustment will have the right to hear appeals from the Sign Ordinance. Morton Gitelman said that frankly, he was reluctant to have the matter put in the hands of the Board of Adjustment. He said there was nothing that he knew of that would prevent the Commission from putting in a provision or hard- ship variance on appeals to the Planning Commission. Helen Edmis- ton asked whether it would be possible to have a Sign Committee to screen them and determine what the Commission should see in the way of appeals. Morton Gitelman asked the Commission to permit him to discuss this matter with the City Attorney. Chairman Clinton said he would like to get some procedure besides appeal to a court of law, as the only recourse on this. He said that the City Attorney had been instructed to write an appeal procedure to the Ordinance before it was adopted. Ernest Jacks said that the Commission never intended the ordinance to be passed without an appeal procedure. Mr. Gitelman suggested making an appeal procedure through the Board of Directors, and permit the Board of Directors to set up a buffer committee to review them. He said he thought Larry Wood would agree with him on his question on whether the sign ordinance should be a part of the zoning regu- lations. He considered it to fall within the appearance committee MOTEL 6 N. College L.S.development AMEND ZONING ORD. Moratorium on Building Permits SIGN ORD. 1893 Appeal Procedure Planning Commission Minutes Feb. 27, 1973 Page 7 or some other committees jurisdiction. Mr. Gitelman said he did not feel bad about looking at sign appeals, but he really felt that would be burdening the Planning Commission. It was the will of the Commission to permit Mr. Gitelman to consult with the City Attorney on this matter. Two matters were brought up under Other Business. Tom Henson appeared before the Planning Commission with a problem TOM HENSON he had in having located a business in a building in town which Signs had highway frontage, and in which there had previously been a business. Mr. Henson wanted some relief from the Sign. Regulations. City Manager Donald Grimes had written a letter to the Planning MEETING DATES Commission requesting that the Planning Commission consider meet- Re•uest to Cha :e ing on some alternate date, such as the 2nd and 4th Tuesday of each month, so that persons having to attend both Planning Commission and Board of Directors meetings would not have to sit through both meetings then saipevdaytEbecause of the tlengthworictime involved :in doing so. Chairman Clinton askedtthat?this letter be placed on the agenda for the next Planning Commission meeting. The meeting was adjourned at 6:10 P.M. • • • RESOLUTION PC 4.5-73 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, February 27, 1973, fq r.. (15) hays after a -:Acc �. _:c .t 'rkanzas Tim -r, 1 nc9paller .:f gsr 'ni eL_i.aki,n: an= WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on a proposed ordinance to close a portion of a North - South alley 790' X 20' lying along the east side of Lots 1, 8, and part of Lot 9, Block 1, Broad Acres Subdivision, and located on the South side of Cato Springs Road. (Petition submitted by Erval Fraley.) 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 close the above designated portion of an alley. PASSED AND APPROVED this 27th day of February , 1973. APPROVED: ROY CLINTON, Chairman RESOLUTION PC 4.6-73 WHEREAS, a public hearing was held by the Fayetteville Planning Commission Tuesday, February 27, 1973, WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on a proposed ordinance to close an East - West alley in Block 1, West End Addition, submitted by Thomas Wiley McNair, Donnealia Kay McNair, Steve Cummings, Mrs. Guy Carroll, and Arkansas Western Gas Company; 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 close the above-mentioned alley. PASSED AND APPROVED this 27th day of February , 1973. APPROVED ROY CLINTON, Chairman