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HomeMy WebLinkAbout1973-06-12 MinutesThe Fayetteville in the Directors Members Present: Members Absent: Others Present: Chairman MINUTES OF A PLANNING COMMISSION MEETING Planning Commission met at 4:00 P.M., Tuesday, June 12, 1973, Room, City Administration Building, Fayetteville, Arkansas. Roy Clinton, Ernest Jacks, Al Hughes, Morton Gitelman, Donald Nickell, Christine Childress, Marvin Murphy, John Maguire Helen Edmiston. Larry Wood, Brenda Blagg, Ray White, City Manager Donald Grimes, Charles Barrett, Hugh Kincaid, Don Pitts, James L. Gibson, Melvin Placke, Fred Morley, H. D. McCarty, Helen Overholt, R. Frank Sharp, Mrs. Robert Osburn, Mrs. Doyle Morrison, John Williams, Roy Clinton called the meeting to order. The minutes of the May 8 and May 14, 1973 Planning Commission meetings were approved as mailed. Chairman Clinton opened the public hearing on Rezoning Petition R73-25, Charles Barrett, agent for Lester Longwith, to rezone property located on the East side of North College Avenue and North of East Ash Street from R-1, Low Density Residential District, to R-2, Medium Density MINUTES PETITION R73-25 LESTER LONGWITH E. of College & N. of Ash St. Residential District. Larry Wood presented the Planning Report. He recommended continuance of the petition until at least two access points were obtained, preferably one to the North to Township Road and one to either Ash Street or Highway 71. Charles Barrett represented the petition. He stated he agreed with the report with the exception that they would like to have the property rezoned since it is on the comprehensive plan as R-2. They knew they were landlocked, but felt they could spend more money getting an access into R-2 property than they could getting into R-1 property. He said they knew they could not build anything until they have those accesses. He felt this would be a good buffer between the commercial and single family areas. The area is on a slope and lends itself better to apartments than to single family homes. Attorney Hugh Kincaid represented persons opposing the rezoning. He presented a petition bearing 67 signatures of persons opposing the rezoning. He said he specifically represented Mr. & Mrs. Lonnie Martin who awn 11 acres just East of the subject property on the North. The Martins have a new house valued around $35,000.00 on property immediately bordering the property under petition. Don Pitts owni the property to the South and East. Any access to this property from Ash Street or Wheeler Avenue would have to come through Mr. Pitts' property. This is a large tract of undeveloped land and what is done with this tract will influence what will happen to the rest of this. Mr. Kincaid felt the General Plan was inconsistent in saying that this should go to medium density when there is very little difference in the character of this land and the character of the land farther down the slope. You have a serious traffic problem when you try to create access onto Ash Street at the point where the property would normally access ontb Ash Street. The only alternative for access if access is not provided across Mr. Pitts, property is to go off Highway 71. Highway 71 would have to be cut for both water and sewer. There is also a stream which would present problems. The General Plan says low density development should be retained for steep terrain. Pages 81 and 82 say single family residential areas ought to be protected from encroachment. He did not think there was very much to document a movement to R-2. Planning Commission 6-12-73 -2- Mr. Kincaid said he thought R-2 zoning would impair the values the area people have worked so hard to raise. Mr. Kincaid said that Mrs. Thelma Keith was not notified of this petition and she is an adjoining property owner. He said he thought it would be inappropriate to rezone without notifying her. Don Pitts said he had recently acquired the property to the South and East of the subject property. His property to the South is undeveloped; there are two residences on the property to the East. He has made application to build a private residence which would be within 150 ft. of the East line of the subject property. He is opposed to the rezoning because he owns the property abutting it. Other property abutting Mr. Pitts' property is in subdivisions and his property is between the subdivisions and the subject property. He said he is opposed to apartments on the property proposed for rezoning. James L. Gibson, 1919 Wheeler Avenue, was opposed to the petition. He said access off Ash Street would be dangerous. There is a sign on Ash for the rezoning and it is very difficult to pull off the street and try to read it. Melvin Placke, 1931 Wheeler Avenue, said he concurred with Mr. Gibson on access. With the present residential development in the area you can only gain access to Highway 71 by way of Sycamore Street at certain times of the day. During the rest of the day, you must either turn North on College or go back to the East and come onto College at North Street, Lafayette Street, or Maple Street if you wish to go South. There have been no plans submitted. He assumed the board would require detailed plans. The hillside is slowly slipping down onto the commercial property on Highway 71 He asked if any geological surveys have been made on this property. Mr. Barrett said the access they are trying to acquire would be off Highway 71. Morton Gitelman arrived at 4:30 P.M. • Fred Morley, 966 West Sycamore, said that if Sycamore Street is put all the way through to Garland Avenue this is going to be a major trafficway. He said there are many small children on this street and he would like to see Sycamore on the West side of College Avenue preserved as it is. Hugh Kincaid said that a good bit of Lonnie Martin's property is on the crest of a hill and that his house and some of Don Pitts' property would look down on this property. H. D. McCarty, 1932 Wheeler Avenue, stated he was opposed to the petition. John Maguire said that if they had a road into the property'he would consider at least rezoning a strip to give them enough buffer so that the people who are out there now would not be hurt, but that until they got a road he did not feel the Commission should take any action toward rezoning. He thought everyone might benefit from a buffer zone of either duplexes or quadplexes or something other than R-1 backing up onto the commercial on Highway 71. Donald Nickell said the rezoning request infringes on an area which he felt is strictly R-1. He suggested using the branch as a buffer. Chairman Clinton asked Mr. Barrett if they had considered developing the property as a Planned Unit Development. Mr. Barrett said they had not but were trying to get some idea of what can be done with the property. He hoped to build four-plexes in a townhouse style. He asked what the density for R-1 would be under a PUD and was told a maximum of 7 units per acre. He said he thought this would suit their needs. Helen Overholt, 2000 Wheeler Avenue, said one of the reasons they prefer residential zoning is this is one of the few places in town where you can hang out your wash and leave it overnight and nobody bothers them. Also, they felt that families would be more likely to be the same kind of people • in regard to property as the residents there now. After a discussion with the Planning Commission, Charles Barrett requested to be permitted to withdraw the petition so he could investigate the possibility Planning Commission 6-12-73 -3- of a planned unit development and further access points. The Planning Administrator read from the Code of Ordinances the terms under which a 4111 petition is permitted to be withdrawn. Morton Gitelman moved that the Planning Commission allow the petition to PETITION R73-25 be withdrawn. Christine Childress seconded the motion which was approved (withdrawn) unanimously. The Board of Directors had recommended to the Planning Commission that AMEND ZONING ORD. the Commission consider amending the zoning regulations, Ordinance Call Hearing 1747, to include the type of operation proposed by the Ozark Mountain Smoke House (processing and sale of agricultural products under Use Unit 6 which is permitted in the A-1, Agricultural District. The Board had recommended this be considered rather than rezoning the land which the Smoke House proposes to build on to a commercial use. Al Hughes read from the Code of Ordinances the other permitted uses listed in Use Unit 6. Ernest Jacks moved that a public hearing be called for the purpose of adding the phrase, "processing and sale of agricultural products; to Use Unit 6. Al Hughes seconded the motion which was approved unanimously. A conditional use request had been submitted by Eldon Jenkins to use ELDON JENKINS property at 2235 South School for retail and wholesale bakery products Conditional Use outlet. After a discussion, Ernest Jacks moved to approve the conditional 2235 S.School use request. Donald Nickell seconded the motion which was approved unanimously. A conditional use request had been submitted by Mr. & Mrs. Robert Osburn ROBERT OSBURN to use property at 1210 South West Avenue for a child care center. Conditional Use Mrs. Osburn was present. She said she had contacted the Welfare Department, 1210 S.West the Health Department, and the Fire Department. Their recommendations are such that they can comply. She said they planned to serve hot lunches. The Fire Chief wanted some changes made and wanted the wiring checked by a licensed electrician. Mrs. Osburn said they do not own this property, but wish to buy it if they can use it for a child care center. They live at Prairie Grove. They feel the house is adequate for 24 children. A petition opposing the use had been submitted to the Planning Office. Mas. Osburn said she thought only two of the people objecting border this property. Al Hughes moved that the conditional use request be approved on the assumption that she will comply with the Fire, Health, and Welfare Department regulations. Morton Gitelman seconded the motion. Christine Childress said she was concerned about the objections of the neighbors and the fact that Mrs. Osburn did not know about the objections. Had there been any contact with those residents? The Planning Administrator said that notices had been sent to the adjoining property owners whose names Mrs. Osburn had furnished. The motion to approve the conditional use request was approved unanimously. The Commission resumed its discussion on the proposed revisions to the Major Street Plan. Chairman Clinton told the audience that the public MAJOR STREET PLAN hearing had been held on this May 14 and that since that time a number Proposed Revisions of petitions and letters had been received from various people in the City. He and some of the other Commissioners had also received telephone calls relative to the proposed revisions. He said the people were welcome to listen, but that he would like to have the discussion limited among the Commissioners. Planning Commission 6-12-73 -4- City Manager Donald Grimes handed out some material in which an analysis had been made of the proposed changes and additions which the plan under consideration made in the existing Major Street Plan adopted in 1970.It also included the following statement, read by Chairman Clinton, which Mr. Grimes hoped might be included in the Planning Commission's resolution to be forwarded to the Board of Directors: "Street improvements resulting from the implementation of the Fayetteville Major Street Plan where accomplished in existing built-up portions of residentially zoned areas will take place on existing rights-of- way. However, in cases of new construction and land use changes, building setbacks will be required to conform with the adopted plan." Chairman Clinton said there are certain pitfalls, for instance, if someone on one of those streets wished to add onto their house and wished to extend forward of their present building line, this would probably be frowned upon, and would be a matter for the Board of Adjustment. Mr. Grimes said the recommendations on the material he had just given the Commission came from members of the Street Committee and from the Board of Directors. There is a recommended change on the routing of the minor arterial from Razorback and Cleveland back down to Maple and Garland because it is felt that college students are better able to cope with traffic than grade school children are. Al Hughes said he agreed with the recommendation to move the proposed extension of Sang Avenue over to the east by-pass service road. Mr. Grimes said the City is pretty far along with the development of a peripheral loop which had been mentioned by a number of people. He thought it might be advisable to leave the present proposed extension of College Avenue to the South on the Major Street Plan. He recommended Wilson Hollow Road be eliminated from the Plan. Mr. Grimes thought the City should forget about any major highway from Kansas City to Houston, but felt that there is enough traffic volume in this area to need a second four -lane road north to Springdale. He recommended an extension of Highway 112 for this. He thought the Penbroke-Ridgeway-West Shadowridge-Viewpoint loop might be dropped from the Plan although it is being used that way now. He did not visualize anyone using this as a collector except our of necessity. He said the reason it was put on was because this followed sound practice in major street plants of not ending collector streets without a loop or tie back to another major street. He thought that if Rock Street is retained as a collector from Morningside to Crossover Road that the proposed extension of Rockwood Trail to Crossover Road could be dropped. Mrs. Doyle Morrison asked what had been decided on Maple Street and Mission. Mr. Grimes told her that Maple is currently designated as a collector street and it would stay a collector; however, the statement previously read by Chairman Clinton would be added. A man asked how much additional footage would be needed in the widening of Mission. Mr. Grimes told him that as far as the City is concerned, improvements would take place on existing right-of-way. However, this is a state highway and the State's regulations take precedence. Fred Morley asked why it had been decided to put Sycamore through between College and Garland. Mr. Grimes said the paving of Sycamore up to Woolsey is an improve- ment district that has been in the mill during the past two years. Chairman Clinton told Mr. Morley that Sycamore has been a collector street for a number of years. There have been a number of requests that the City open up some more through streets east and west. John Maguire moved that the proposed extensions of Rockwood Trail to Crossover Road and Sang Avenue South of Cleveland be removed from the Major Street Plan as collectors. Morton Gitelman seconded the motion which was approved unanimously. The Commission discussed with John Williams the possible opinions of the University of Arkansas regarding the location of an arterial street on Maple (from Razorback to Garland)and Garland rather than on Razorback and Planning Commission 6-12-73 -5- Cleveland. Mr. Williams said a problem existed because of the dorms which are located on the North side of Maple Street and that the firm that does the campus planning recommended that some arrangement be made so that non -university traffic would be routed around the University. Al Hughes told Mr. Williams that many trucks that travel Highway 16 cannot climb Razorback between Maple and Cleveland. If the street is wet it gets so slick even cars cannot get up it. At Maple and Garland you can eliminate the congestion by either putting in a walk signal at the traffic light or by putting a walkway over the highway. Mr. Williams said the long range parking plan proposes parking around the periphery of the campus. Al Hughes moved that the Commission adopt the following statement in the planning and thinking of the adoption of the Mayor Street Plan: "Street improvements resulting from the implementation of the Fayetteville Major Street Plan where accomplished in existing built-up portions of residentially zoned areas will take place on existing rights-of-way. However, in cases of new construction and land use changes, building setbacks will be required to conform with the adopted plan." Ernest Jacks seconded the motion which was approved unanimously. Theodore Guhman asked that the Commission include in their recommendation that this does not approve any inter -regional highway. Chairman Clinton said he would like to give the Commission until June 26 to think about the Mayor Street Plan revisions before taking action on the proposal. The meeting was adjourned at 6:25 P.M. RESOLUTION PC 23.2-73 BE IT RESOLVED, by the Planning Commission of the City of Fayetteville, Arkansas, that a public hearing be called for the purpose of amending Zoning Ordinance #1747, to add "processing and sale of agricultural products" to Use Unit 6. BE IT FURTHER RESOLVED, that the Planning Administrator is hereby ordered to advertise said public hearing for August 14, 1973, by publishing a notice of said public hearing in the Northwest Arkansas Timesaat least fifteen (15) days in advance. PASSED AND APPROVED this 12th day of June , 1973. APPROVED• ROY CLINTON, Chairman