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HomeMy WebLinkAbout1973-03-27 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission 27, 1973, in the Directors Room; City Arkansas. Members Present: Members Absent: Others Present: met at 4:00 P.M., Tuesday, March �_ Administration Building, Fayetteville, Christine Childress, Morton Gitelman; Roy Clinton, Al Hughes Helen Edmiston, Ernest Jacks, John Maguire. Dr. Walter Brown, Donald Nickell. Tom Hodges, Erval Fraley, David McWethy, Larry Wood, Ray White, Mr'Downum; Pauline McKinny, Mrs. Sam Siegel, Doyle Shelton, Ken Lazenby, Leo Peel, Lloyd Thomas, Sylvia Swartz;_Cy Carney, Jr., Chairman Roy Clinton called the meeting to order. Tom Hodges, President of Multi -Properties, Inc., appeared to request the . MINUTES Planning Commission minutes, of March 6, 1973, be amended as they reflected the Planning Commissions decision of the Preliminary Plat of Seqouyah Woods. The minutes as typed, would require three entrances being pinned down before a final plat of any portion of the property could be filed. Mr. Hodges said this was not his understanding, and requested the minutes be.ramended to require the three entrances before the finaldp]at;ofethecsedond"phase could be filed. Chairman Roy Clinton instructed the Planning Administrator to amends the minutes to read that he could not file a final plat on the second phase for the south portion of the property until three good accesses were obtained for the whole development. Following this change in the minutes, they were approved as corrected. Chairman Clinton opened the public hearing on Rezoning Petition R73-5, PETITION R73-5 Erval E. Fraley, to rezone property at 1035 W. Cato Springs Road from EARVEL E. FRALEY I-1, Heavy Commercial and Light Industrial District, to R-1, Low Density 1035 W.Cato Sprs Residential District. Since Larry Wood had not arrived at the meeting yet, Chairman Clinton read the Planning Report previously mailed out. Mr. Clinton commented that the presence of the Royal Crown Cola Bottling Co. and Reece's Tie Yard in this area have influenced this to be indus- trial. Erval Fraley was present to represent the petition. He said the property now has a mobile home on it, and if the Commission would not consider residential for the property permanently, he requested that they rezone it just long enough for him to build a house on it. Ernest Jacks asked how many houses there are now between this site and the bottling company. Mr. Fraley said there are three. John Maguire said the creek which forms the south boundary of this property curtails building. A large section of it could not be used for anything except a garden. Mr. Maguire said he could not visualize this property being used for industrial purposes. TherB,was no; opposition to the petition and the audience. David McWethy, Administrative Intern. to the City Manager, asked what Mr. Fraley would do if the City Board of Directors refuses to close the alley as he has requested. Larry Wood arrived at the meeting, and stated that he would recommend continuance of this petition. The reason for this was he said he would hate for the Planning Commission to commititself to a residential pattern and then after looking at the property as a whole, decide that it should be industrial, or vice versa. Mr. Wood said he thought residential and Page 2 Planning Commission Minutes March 2T, 1973 industrial uses can live together, except for the traffic pattern. One of the things that destroys the values of residential property is the constant pounding of traffic for industrial uses. He recommended studying the entire area bounded by Highway 16 By-pass on the North, Highway 71 By=pass on the West7South, and Highway 71 on the East. Ernest Jacks moved to-requestLLarry..Weed"to make the study of the area bounded STUDY by Hwy. 16 by-pass on the north, Hwy. 71 by-pass on the west and south, and REQUESTED Hwy. 71 on the east. Helen Edmiston seconded the motion. It was approved unanimously. Ernest Jacks moved to approve Petition R73-5, Erval E. Fraley. Morton Gitelman said he would like to make this approval contingent upon getting the alley PETITION R73-5 closed. Al Hughes seconded the motion;y*hich was approved unanimously. Chairman Clinton opened the public hearing on the next three petitions simultaneously. Rezoning petition R73-6, for the Fayetteville Planning PETITION R73-6 Commission to rezone property located at 1905 S. School Avenue, from R-2, 1905 S.School Medium Residential District, to C-2, Thoroughfare Commercial District. Rezoning Petition R73-7, Fayetteville Planning Commission, to rezone PETITION R73-7 property located at 2058 S. Garland Ave., from R-1, Low Density ResidentialC2058-S.Garland District, to I-1, Heavy Commercial and Light Industrial District. And rezoning peition R73-8, Fayetteville Planning Commission, to rezone property PETITION R73-8 located at 1824 S. Garland Ave., from R-1, Low Density Residential District, 1824 Garland to I-1, Heavy Commercial and Light industrial District. Chairman Clinton said as a point of information, all three of these properties were originally rezoned to enable the property owners to make improvements on their properties, and that at the end of 6 months, they were all to be rezoned back -1' The property under consideration on R73-6 belonged to Virgil Webb, that on Petition R73-7 belonged to Ardean Fallwell , and the property under petition R73-8 belonged to Bill and Maudie Smith. There was no opposition to any of the three petitions present. Larry Wood stated that'P.etition R73-6, he would recommend that it be rezoned at this time. On petitions R73-2 and R73-8, he recommended a continuance. Ernest Jacks moved to approve petition R73-6, Fayetteville Planning PETITION R73-6 Commission. Christine Childress seconded the motion, which was approved unanimously. Ernest Jacks moved to continue the petition R73-7 for the Fayetteville Planning Commission. Al Hughes seconded the motion. It was approved unanimously. Ernest Jacks moved to continue the;petitionR7348;=Fayettevillef_ Planning Commission. Helen Edmisten:tseconded the motion. It was unanimously. PETITION R73-7 PETITION R73-8 approved Chairman Clinton acknowledged a written request'from Mrs. Betty M. George to continue the public hearing on petition R73-9, James R. and Betty M. George, to rezone property located on the Northeast corner of Dorothy Jean Street and Giles Road, from A-1, Agricultural District, to R-1, Low Density Residential District. Chairman Clinton asked if there was any opposition to the petition present. There was not. Ernest Jacks moved to continue petition R73-9, James R. and Betty M. George, PETITION R73-9 JAMS R. GEORGE Dorothy Jean St. & Giles Rd. • Page 3 Planning Commission Minutes March 27, 1973 Al Hughes seconded the motion, which was approved unanimously. Chairman Clinton opened the public hearing on rezoning petition R73-10, Bernice Downum, to rezone property located on the Northwest corner of Stone Street and Sang Ave., from R-1, Low Density Residential District, to R-3, High Density Residential District. PETITION R73-10 RFRNICE DOWNUM Stone & Sang Larry Wood presented the Planning report. Al Hughes stated that there is an ingress and egress problem in this area. Mr. Downum and Pauline McKinny, a real estate saleslady, were present to represent the petition. Mrs. McKinny said that they have a piece of property for which they need to define its highest and best use. They have some people who want to sell the property, but it is virtually useless as it is presently zoned. The property cannot be marketed for an apartment complex without proper zoning. Mrs. Sam Siegel appeared in opposition to the petition. She stated that she was not officially representing the school system; however, the Principal for Ramey Jr. High School could not be present, because of a teachers meeting. She advised the Commission that approximately 700 children who come and go past this location twice a day. She said the traffic is unbelievable. Also, all the buses for the whole school system are kept on the property south of here. She said the Planning report made no mention of Stone Street, which is still on the Major Street Plan as a collector street. Mrs. Siegel said there are plans to enlarge Ramey Jr. High School and extend it to the north. Al Hughes said one of the pressing problems is the traffic problem. He agreed with.Mr. Wood's recommendation for R-2, rather than R-3, but said this would preseht'a tremendous traffic problem.for the area. Larry Wood and Morton Gitelman debated whether property should be rezoned if all the facilities necessary for development are not available. The primary question in this case is the sewer service.and water service. Mr. Wood said that he thought it was a proper function of the Planning Commission to direct the land use density according to the availability of utilities. If we find an area that does not have utilities available, than he felt the Planning Commission should withhold rezoning until they are available. Mr. Gitelman did not think this was the proper approach. He said thatiinthis opinion, when someone requested the Planning Commission to bring the zoning into line with the comprehensive plan, it is the duty of ther'Planning Commission to decide whether this land and its surrounding uses makes it suitable for R-2. He felt the Planning Commission had done their duty in regard to water and sewer, if they had advised the petitioners that this facility would be necessary before the property could be developed. John Maguire moved to aamend Petition R73-10, Bernice Downum, to rezone property to R-2, Medium Density Residential District, and to approve the petition. Morton Gitelman seconded thermotion. It was approved unanimously. Chairman Clinton opened the public hearing on petition R73-11, Carl R. PETITION R73-11 Ferguson, to rezone property located on the North side of Zion Road and CARL R. FERGUSON West of Crossover Road, from A-1, Agricultural District, to R-2, Medium ' i Zion Road Density Residential District. Larry Wood presented the Planning Report. There was no one present to either represent the petition or oppose it. Regarding Nr. Wood's recommendation, Mr. Jacks said that when a comprehensive plan was adopted, the Planning Commission had recognized that certain areas shown as low density residential would possibly be rezoned later to R-2. But he felt that the water and sewer facilities should be foreseeab]e-before it could be rezoned. Page 4 Planning Commission Minutes March 27i, 1973 Chairman Clinton asked Mr. Wood what zoning he would recommend for this property, if water and sewer facilities were available. Mr. Wood said he would recommend R-1, Low Density Residential District. Ernest Jacks moved to recommend to the Board of Directors the Petition R73-11, Carl R. Ferguson be denied. Helen Edmiston seconded the motion; Which was approved unanimously. A proposed plat had been submitted to record easements in Hinkle Mobile Home Park, Wayne Hinkle -Developer. Hinkle Mobile Home Park is located at 3480 Highway 16 East. Ernest Jacks reported that the Subdivision Committee had studied the plat, and would recommend it be approved with the provision that the 50sft:reasement covering the high pressure gas line be shown on the plat. Al Hughes seconded the motion. It was approved unanimously. The Commission considered the proposed Large Scale Development Plan for Shelton Sales and Service on Poplar Street, submitted by Doyle Shelton. Mr. Shelton was present. Ernest Jacks said the subdivision committee had reviewed the plan, and the MSP seems to be the only problem with the proposal. There was also a question on the drainage, put forth by the City Street Supt., and the setbabks on the future building to the south would have to be met as required by the Zoning Ordinance. A discussion of the major street plan under preparation at the present time in cooperation with the Northwest Arkansas Regional Planning Commission was held. Mr. Jacks said that before that MSP could be followed, however, a public hearing would have to be held to adopt it. Larry Wood said there is a waiver procedure for the MSP. The City Attorney has advised that this waiver has to be granted by the Board of Directors. The portion of the MSP in question on the property is the proposed expressway paralleling the St. Louis and San Francisco Railroad tracks through town. Ernest Jacks moved to approve the proposal, contingent upon the Board of Directors waivering this particular portion of the MSP for the expressway in this area, contingent upon future R.O.W. of 5 ft. being obtained for Poplar Street, contingent upon setbacks for future warehouse meeting the zoning requirements, and that drainage be acceptable to the City Engineer. Mr. Jacks was asked if he meant the Street Supt. He said no, he meant the the City Engineer. Al Hughes seconded the motion. It was approved unanimously. Ken Lazenby was present to discuss with the Commission a request he had KEN LAZENBY on a proposed lot split. Mr. Lazenby has an irregular shaped piece of Proposed lot ppoperty on Edna Street and Austin Ave. A portion of this property is Split HINKLE MOBILE HOME PARK PLAT TO RECORD EASEMENTS SHELTON SALES & SERVICE Poplar Street L.S.Development right behind other properties already sold off in the past. Mr. Lazenby requested permission to create 4 lots facing on Edna Street, which is a blacktop street and has the facilities to build on. This would, in effect, create a landlocked piece of land behind these 4 lots. Mr. Lazenby said he found the cost of subdividing all of this property prohibitive, without first selling part of it to defray the cost of subdivision. He said Sycamore would eventually come up the South side of the property and tie into Broadview, thus providing street frontage for the landlocked portion of the property. He said the lots he proposes to divide off would have a depth of 150 ft. off Edna Street. Consulting Engineers advised him that the cost to develop the entire portion of the property with street and facilities would run approximately $22,000. He said his proposal to divide the property would not landlock the property to the south any more than it is now landlocked. Mr. Lazenby said he wouldle ve`a 22 ft. alley utility easement, 150 ft. South of Edna. Chairman Clinton said this 22 ft. could Page 5 Planning Commission Minutes !"larch 27,; 1973 never be used for a street, and saw no need to leave the 22 ft. as an alley. He said it could be left as a -.utility easement. Mr. Lazenby agreed with the Commission that a street would have to go across the south portion of this property before the landlocked portion could ever be built upon. Mr. Jacks said if Sycamore Street never goes in, Mr. Lazenby would have a problem on the balance of his property and Mrs. Edmistonnsaid.h 9would then have a piece of unusable land. Mr. Jacks asked Mr. Lazenby;*hether he wanted to file a subdivision plat. Mr. Lazenby said he did not at this time. Helen Edmiston moved that the Planning Commission allow Mr. Lazenby the proposed lot split, to allow 4 lots to be laid off facing Edna Street, with the one large piece in the back. Al Hughes seconded the motion, which was approved unanimously. The Commission heard the report from the subdivision committee on a request to study the advisability of amending Ordinance 1747 to permit canopies for drive-in restaurants and other service uses to be located closer than 50 SETBACKS FOR ft. from street R.O.W., as service station canopies are now permitted. CANOPIES Ernest Jacks reported that the subdivision committee had reviewed the matter, and was split on this question two to one. Mr. Jacks said he was of the opinion that the canopy constitutes a building, and if the zoning ordinance calls for a 50 ft. setback, the Commission ought to hold to it. He said he felt the same way about roofs extending from gasoline stations. Al Hughes stated that he felt we should be as fair with one business as we are with another, and that a filling station should not have preferen- tial treatment over any other business. He said the question for the Planning Commission to decide is what is a canopy and what is not a canopy. And whether it is to be allowed or Whether it is not to be allowed. Mr. Jacks said the zoning ordinance gets chopped away because of the condition of Highway 71, and suggested creating a separate': zone for North College Avenue and detaching it from the rest of the city. Mr. Maguire asked what action had brought the question to a head. Mr. Jacks said a Board of Adjustment appeal had been filed for a piece of property on N. College Ave. and the Board of Adjustment denied the appeal, and referred the matter to the Planning Commission. Leo Peel, one of the property owners, said due to the shallowness of the lot on North 71, you can't just build any kind of business along 71, because there is not enough depth. He said presently, all down through there, there are lots you can never build anything on, unless you ask for some sort of variance, such as they have asked for on the canopy. Mr. Jacks discussed with Mr. Peel an alternate way to lay the building out on the property they had, and run the canopy north and south, rather than east and west. John Maguire asked the Subdivision Committee what would pre-empt putting a canopy closer to the highway than the new sign ordinance permits putting a sign. Mrs. Edmiston said if we are going to let filling stations do it, let drive-ins do it. And lets define canopy so that they have to be a free-standing structure and not part of the building. As a member of the Subdivision Committee, Mr. Jacks moved that at this time, the Commission not consider changing their setback regulations, but that they do put on the agenda for discussion next time, a total dis- cussion of canopies, in general, and to look at an amendment for gasoline Page 6 Planning Commission Minutes March 27?, 1973 pump canopies. John Maguire seconded the motion, which was approved unani- mously. The Commission ohnsiderei the proposed Large Scale Development for Fayette- ville Free Will Baptist Church on Highway 71 By-pass. This had been re- FAYETTEVILLE viewed last year by the Planning Commission, but was withdrawn by the FREE WILL BAP. applicant because of the necessity for the service road. And also, the CHURCH Planning Commission instructed the Planning Office to notify the adjoining Hwy.71 B -pass property owners on this, since it was a conditional use. L.S.Development Ernest Jacks reported that the Commission had seen this before, and the only question not resolved at that time was the service road, and contract for that service road. _ Lloyd Thomas was present on behalf of the church. Ernest Jacks moved to approve the conditional use and large scale develop- ment plan, contingent upon'ROW3edi641on, and signing a contract for construction of a service road in the future. Helen Edmiston seconded the motion. It was approved unanimously. The final item on the agenda was a request for interpretation of use and possible conditional use request for proposed non-profit pgroupv home" INDIAN TRAIL project to be located at 1111 Indian Trail. Sylvia Swartz was present to "GROUP" HOME represent the request. Morton Gitelman asked her wkly she did not wish Interpretation to call this proposed use a welfare agency. Mrs. Swartz said it is a of Use & private agency, and it is not exactly a welfare agency, because they Conditional Use take children from the ,juvenile court. Mr. Gitelman said he was not sure whether the welfare agency referred to in the zoning ordinance refers to offices or what. Mrs. Swartz said this is a free service and they cannot charge for it. Ernest Jacks said welfare agencies are listed in use unit 25, which is a listing for professional offices, therefore, he felt this welfare agency listed was for offices. The Commission also discussed whether this could be called a boarding house without fees. Mr. Gitelman said his concern centered around the fact that in Little Rock, the neighborhood had opposed such a use, and had gone to court and gotten them enjoined against it. Cy Carney, an adjoining property owner, had questions about future expan- sion and the number of children that would be there. He said the proposed use does not help the value of the property around there, but he is sure it doesn't hurt it much either;;/ Mrs. Swartz said they are not likely to expand, as they do not own the property. She said they hoped to limit the number of children they had to eight, but that for a few days, they had had more than that. Mr. Jacks told the Commission that this property is zoned R-2, and boarding houses aren!t permitted in R-2. Larry Wood said that he is serving on a Committee for the Juvenile Court and they are noyi attempting to find a location for such a center for the juvenile court. Mrs. Swartz said this is a county home. Al Hughes said he felt there should be some provision to keep the children from going to other areas, and from disturbing the residents in the area and the people in the nursing home. Ernest Jacks moved to declare this Indian Trail home to be the same as a child care center, and that the Planning Commission give permission for it to exist in this particular R-2 location; Helen Edmiston seconded the motion, which was approved unanimously. Page 7 Planning Commission Minutes March 271, 1973 Larry Wood informed the Commission that he had written a letter to the Board MAJOR • of Directors Committee working on the major street plan, and had asked them STREET PLAN to reconsider the area that he had previously talked to the Planning Commission about changing on the MSP. These areas included Leverett Street, and Town- ship Road and Old Wire Road. And also the extension of Rolling Hills Drive. The meeting was adjourned at 6:10 P.M. • • RESOLUTION PC 6-73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, March 27, 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 a recommendation to the Board of Directors on Rezoning Petition R73-5, Mr. Erval Fraley. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIJJF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from I-1, Heavy Commercial and Light Industrial District to R-1, Low Density Residential District said real estate. LEGAL DESCRIPTION: A part of the NW* of the NW* of Section 28, T -16-N, R-30 W, described as follows, to wit: Beginning at the NW corner of said 40 acre tract, and running thence East 100 feet, thence South to the center line of the branch, thence in a Southwesterly direction along the center 6f2branch..7 toaac'poiht^due SouthSoftthesBeginningepoint,athencejNortht515zfeet,-more. or less, to the point of beginning, less and except that portion on the North side embraced in Cato Springs Road. SECTION 2. That the above-described property be rezoned from I-1, Heavy Commetcial and Light Industrial to R-1, Low Density Residential District, so that the petitioner can build a single-family dwelling. otffday of -7,7A;#6.41, z PASSED AND APPROVED this APPROVED* , 1973. ROY CLINTON, Chairman • • RESOLUTION PC 7-73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, March 27, 1974, fifteen (15) days after a sign was erected upon the property and after a notice was pdblished 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 Rezoning Petition R73-6, Mr. Virgil Webb. NOW THEREFORE, BE IF 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 R-2, Medium Density Residential District to C-2, Thoroughfare Commercial District said real estate. LEGAL DESCRIPTION: Part of the SWi, SEk of Sec. 21, T -16-N, R -30-W, of the 5th P.M. described as beginning at a point on the West side of State Highway road which is 418# ft. South along said West line of road from its intersection with the North line of said 40 acre tract, at a point 580 ft. East of the NW corner of said forty acre tract, and running thence South 65 ft.; thence West 200 feet, thence North 65 feet, thence East 20O feet to the place of beginning, except that part Along the east side that lies in the road, containing 0.2 acres more or less. SECTION 2. That the above-described property be rezoned from R-2, Medium Density Residential District to C-2, Thoroughfare Commercial District so that the petitioner may mdse an addition on his single-family dwelling. PASSED AND APPROVED this 27 day of APPROVED: /Y (ft Re/ , 1973. ROY CLINTON, Chairman • • RESOLUTION PC 9-75 WHEREAS, a public hearing was held March 27, 1973, fifteen (15) days after and after a notice was published in the of general circulation; and by the Planning Commission, a sign was erected upon the Northwest Arkansas Times, a Tuesday, property newspaper WHEREAS, after the public hearing the Planning Commission voted to makea recommendation to the Board of Directors on Rezoning Petition R73-10, Bernice Downum. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. Than an ordinance be adopted for the purpose of rezoning from R-1, Lox Density Residential Dist. to R-24 Medium Density Residential Dist. said real estate. LEGAL DESCRIPTION: The East 4/5 of the SEt, NW* of the SW* of Section 17, T-16hN, R -30-W, containing 8 acres, more or less. SECTION 2. That the above-described property be rezoned from R-1, Low Density:.Rasd"ential District to R-2, Medium Density Residential District so that the petitioner can realize the highest and best use of the land. PASSED AND APPROVED this Z7 day of %4ARcH , 1973. APPROVED: ROY CLINTON, Chairman RESOLUTION PC 9-13 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, March 27, 1973, fifteen (15) days after a sign was erected on 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 the petition of Mr. Carl M. Ferguson, Rezoning Petition No. R73-11 for rezoning; 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 requesting the rezoning of property, described as follows, from A-1, Agricultural District to R-2, Medium Density Residential District, be denied. LEGAL DESCRIPTION: Part of the SWa, NW* of Section 19, T -17-N, R -39--W, more particularly described as follows, to -wit: Beginning at the SW corner of said 40 acre tract, and running, thence East 940 feet, thence North 360 feet, thence West 940 feet, thence South 360 feet to the point of beginning. SECTION 2. That the rezoning of the above-described real estate would not presently be desirable. SASSED AND APPROVED this day 68 , 1973. APPROVED: ROY CLINTON, Chairman