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HomeMy WebLinkAbout1974-01-08 Minutes• • • A meeting of the at 4 P.M. in the MINUTES OF A PLANNING COMMISSION MEETING Fayetteville Planning Commission was held Tuesday, January 8, 1974 Director's Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Vice -Chairman Morton Gitelman, John Maguire, Donald Nickell, Helen Edmiston, Ernest Jacks, Al Hughes, Marvin Murphy, Christine Childress, Ernest Lancaster. MEMBERS ABSENT: None. OTHERS PRESENT: David McWethy, Bobbie Jones, Mr. & Mrs. Bill Fields, John Mr. Skelton, Iris Dees. Jack Wallace, Larry Wood, Austin Parish, Lineberger, Mrs. Fowler, Clarence Storla, Vice -Chairman Gitelman called the meeting to order. Minutes of the December 11, 1973 meeting were approved as mailed. MINUTES Vice -Chairman Gitelman opened the public hearing on Rezoning J. AUSTIN PARISH Petition R74-1, J. Austin Parish, to rezone property located R74-1 south of Holly Street and north of the Oak Plaza Shopping Rezoning Petition Center from R-2, Medium.. Density Residential District, to C-1, Neighborhood Commercial District. Mr. Austin J. Parish was present to represent the petition. Larry Wood gave the Planning Report. He did not recommend the change from R-2 to C-1 with dwellings on the north side of Holly Street to face into the commercial on the south side of Holly. He recommended the stub of Lindell Avenue south off Holly Street be closed. Mr. Parish said they were looking at it mainly for office use. Hewas under the opinion C-1 was the proper zone. There is no retail outlet planned. Larry Wood said the R-0 would be more suited to offices. Mr. Parish said he agreed that that part of Lindell should be closed. It was originally dedicated to provide street frontage for one of the houses facing on it. Mr. Parish said at this time he would prefer to table the matter or withdraw it. If a proposition comes up for an office then he would come back. Al Hughes moved that the petition be tabled and Helen Edmiston.'seconded the motion. Chairman Gitelman told Mr. Parish to write a letter to Bobbie Jones agreeing to the tabling if he wants it left on table for more than 45 days. Bobbie Jones should be contacted when he wants to come before the Commission again. The motion to table the petition was unanimously approved. Vice -Chairman Gitelman opened the public hearing on Rezoning Petition R74-2, Mrs. Helen Fields, to rezone property located at 1927 Cleveland Street from R-1, MRS. HELEN M. FIELDS 1927 Cleveland St. Rezoning Petition R74-2 Low Density Residential District to R-0, Residential Office District. Mr. and Mrs. William Fields were present to represent the petition. Larry Wood gave the Planning Report and did not recommend it because it was not in keeping with the Comprehensive Plan which recommends Low Density Residential. He considered it a spot zoning request and if approved it could lead to a complete change in character of this entire area. Mr. Fields said he wanted to establish a private office in the existing building there. Mr. Fields said it would be for his use but other people might come to it. He said he was a life insurance businessman and he didn't think there would be much traffic. Mrs. Edmiston commented that in other words it was not just a study. John Maguire asked about something such as a home occupation. Bobbie Jones said home occupations are not allowed until you get to R-2 and R-3 districts Marvin Murphy asked if he was going to rent to someone else and Mr. Fields said he would not. Vice -Chairman Gitelman asked if anyone was appearing in opposition. John Lineberger of 750 Cedarwood in Fayetteville, asked about a "For Sale" sign he had seen on the property. Mr. Fields replied that it was just a prank by someone; it had been moved from across the street. He had no intention of selling his property. Mrs. Fowler of 1500 W. Cleveland, asked if an apartment could be built in the R-0 zone. Planning Commission January 8, 1974 Page Two Vice -Chairman Gitelman said it could. John Lineberger said this could be a rather drastic change. He had bought property around there because it was quiet and it had good surroundings. Mr. Lineberger thought this would start spot zoning and he didn't want that. Speaking for his neighbors and himself he requested this be denied. The Vice -Chairman acknowledged receipt of three petitions containing 59 signatures and opposing the rezoning. He asked that these petitions be made a matter of record. Clarence Storla of 1910 West Cleveland stated that the petitions are signed by most of the neighborhood which doesn't want the rezoning even though it's just one small private office it would set a precedent. John Lineberger commented that it could increase the flow of traffic. The public hearing was concluded. Al Hughes said that if Mr. Fields decided to sell later there was no telling what the new owner might decide to do. Ernest Jacks moved the petition be denied. Ddnald Nickell seconded the motion which passed unanimously. Vice -Chairman Gitelman told Mr. Fields this denial could be appealed to the Board of Directors within 15 days. The Board of Directors would meet again on January 16. The public hearing was opened by Vice -Chairman Gitelman on the proposed ordinance to amend sub -section A of Section 3 of Ordinance 1750, Appendix C - Subdivision Regulations, Code of Ordinances, Fayetteville, Arkansas, to clarify improvements required in urban and suburban development. David McWethy, Administrative Aide, said this item was proposed because the subdivision ordinance required that street lights, plural, be installed in a subdivision as part of the improvements. Some of the subdividers have gone in and put street lights every 300 ft. as asked but some of them have put only two street lights and then after the subdivision was finished came in and asked the City to put in City street lights. We would like to clarify this. Bobbie Jones offered to point out additional amendments. John Maguire said if this was not of any urgency he would like to request that the Planning Administratcr underline the changes so that he can get a meaningful look at the situation. Al Hughes moved tie matter be tabled to allow Bobbie Jones to underline the changes. Ernest Jacks seconded the motion which carried unanimously. ORDINANCE 1750 Subdivision Regulation Ammending sub -section A of Section 3 Vice -Chairman Gitelman opened the public hearing on the proposed ORDINANCE 1747 ordinance to amend Ordinance 1747, Appendix A- Zoning, Code of Amend Zoning Ordinances, Fayetteville, Arkansas to allow for tandem lot Tandem Lots, etc. developments. The Commission decided to consider this in two parts and to consider whether to allow for tandem lot developments with the public street frontage for certain types of lots to be less than the full minimum lot width requirement first. Ernest Jacks gave a brief explanation of this saying that it would allow development of deep lots but would -allow one lot to be made behind another. Right now the Planning Office interprets it to mean you must have 70 feet of street frontage to build a house on this lot. He felt all you need is enough to get utilities and a private road in. Donald Nickell asked if this would embrace the area with or on a large scale development. Ernest Jacks said it would have to come in a large scale development if it is over an acre. Ernest Jacks said each lot has to have its own 25 -foot outlet. Vice -Chairman Gitelman said it's really a device to allow development of a lot not necessarily facing the street if you can get the 25 -foot wide right-of-way to the street. Ernest Jacks said he thought there were a lot of areas around here where you could establish a very nice situation by being able to have tandem lot development, and he thought it would mostly take place in large developments. Vice -Chairman Gitelman was concerned about fire protection because that is one of the things street frontages are for. Vice -Chairman Gitelman said he can see how it would help some areas where they have landlocked land. Ernest Lancaster said we are assuming this is a private drive so it does not belong to the City. Suppose several of these were located side by side with 50 or more feet of private drives, where does it revert back to the City? He was also concerned about fire protection. He understood that fire trucks' were not permitted to enter in on private property. • • Planning Commission January 8, 1974 Page Three There were -no comments from the audience. The public hearing was closed. Ernest Jacks moved that the proposed amendment to allow for tandem lot development be recommended to the Board of Directors for approval as written by the City Attorney. Helen Edmiston seconded the motion which was unanimously approved. The second part of the public hearing to amend Ordinance 1747 ORDINANCE 1747 concerned a proposal to reduce all lot requirements in R-1, Amend - Part B Low Density Residential District, and in R-2, Medium Density Residential District. Bobbie Jones pointed out a typographical error on the amendment "Land area for no bedroom apartment". The figure 1000 was supposed to be 1700. The Vice-Chairman'said the basic change is to reduce the street frontage from 70 feet to 50 feet for a single family residence in R-1 and in R-2 to reduce the street frontage for single family and duplex dwellings to 50 feet. John Maguire said he favored reducing the lot width in single family development because it encourages the single family development. Mr. Lancaster raised a question about lot area and Vice -Chairman Gitelman said you still have to meet the lot area requirement with just a reduction in the street frontage. Marvin Murphy asked whyc:couldn'tthe width of the lot and lot area be cut, too. Vice -Chairman Gitelman said the smallest lot you could have under this proposal would be 50'X 160'. To reduce the lot area would increase the overall density, but retaining the same area would not increase the overall density. Some utility services are sized according to density. Donald Nickell said he didn't think the people want this at all. John Maguire said he thought this should be written for new subdivisions and some thought be given to the lot size. He did not think he wanted to go in and disturb the existing subdivisions. Al Hughes moved that it be approved as written. Marvin Murphy seconded the motion. John Maguire said he would like to increase the density per acre. Mrs. Childress said her small lot is fine for her. Mrs. Edmiston suggested they change the lot size to 125 feet by 50 feet. Vice -Chairman Gitelman said when you start talking about the densities per acre and the square footage it changes this proposal rather drastically. You might want to bring it up some other time. Bobbie Jones said it was advertised to reduce all lot requirements in R-1 and R-2 but the proposed ordinance only changes lot width. Larry Wood made the recommendation that if they considered reducing the square footage they should allow the City Engineer to respond because all of his calculations for future sewer and water facilities as they exist now are based on densities. There may be a point at which his future calculations are affected. John Maguire asked what would be wrong with limiting this to new subdivisions. Al Hughes said he was not in favor of that. Ernest Lancaster was concerned with the old parts of town and houses already built. John Maguire said he didn't see why it couldn't be amended for new subdivisions only and would like to see the depth lowered to 125 feet. He said he would like to table this and talk to the City Engineer. Marvin Murphy withdrew his second to the motion Al Hughes made to approve the amendment as written. The motion Mr. Hughes made died for lack of a second. John Maguire moved to table this proposal and request the City Engineer's comments. Christine Childress seconded the motion. There was a unanimous vote to table it. The next item was a large scale development plan submitted by Truck Center Inc., 3055 N. Garland Ave. (Highway 112). There was no one present to represent this. Ernest Jacks said the Subdivision Committee found everything in order and would like to ask that the Truck Center donate property for ROW. Ernest Jacks moved this plan be approved and that the Truck Center be asked to donate ROW. in the amount of 40 feet from the centerline of Highway 112. Al Hughes seconded the motion which carried unanimously. TRUCK CENTER INC. 3055 N. Garland Ave. LSD Plan The next item discussed was the revision to a large scale development plan and conditional use request submitted for property owned by Maupin Cummings at 1604 West Sixth (Hwy. 62). MAUPIN CUMMINGS 1604 W. Sixth Conditional Use -Request a • • Planning Commission January 8, 1974 Page Four The conditional use request was for a warehouse or storage space. Ernest Jacks moved the revised large scale development plan and the conditional use request both be approved and that-Maupin..Cummings:be asked:to dedicate -ROW necessary to the Major Street Plan. Helen Edmiston seconded the motion which passed unanimously. A large scale development plan had been submitted to SAMBO'S RESTAURANT construct a Sambo's Restaurant on property owned by Highway 71 South General Growth and located between Northwest Arkansas LSD Plan Plaza and Nelson's Funeral Home. Ernest Jacks said there were a number of bits of information which have not yet been provided and the Subdivision Committee recommended this be deferred until other information needed. by the City Engineer and Street Department is provided. Ernest Jacks moved the matter be tabled. Helen Edmiston seconded the motion which carried unanimously. The Commission continued the study of land use and zoning LAND USE STUDY of the area bounded by Highway 71-B on the east, Cato Springs Rd. area Highway 16 Bypass on:the north, and Highway 71 Bypass on the south and west. Larry Wood showed the map concerning these areas and explained his recommendations. Mr: Anthill' Skelton said he Would like to put in a business manufacturing aluminum windows and doors next to the railroad and north of the 71 Bypass. The Commission seemed to think this would be a satisfactory location and agreed to consider this in their study. Al Hughes moved that a public hearing be called for February 12, 1974 to amend the General Land Use in the area bounded by Highway 71 Bypass on the east side; Highway 71 Bypass on the south and west and on the north and south side of Highway 16 Bypass. Larry Wood made some recommendations relative to the continuation of study of land use and service road proposals along Highway 62 West from Hanshew Avenue the City Limits John Maguire moved that they recommend to the Board of Directors an amendment to the Land Use Plan containing service roads along Highway 62 out to Farmington and send it to the Board of Directors with certain alternatives. Al Hughes seconded the motion. The motion carried unanimously. Vice Chairman Gitelman read a proposed resolution expressing the Planning Commission's appreciation to Roy Clinton who had just completed his term as member and Chairman of the Planning Commission. The resolution was adopted by acclamation. LAND USE STUDY (cont.) Service Road Proposals to Along Hwy. 62 W. from Hanshew to City limits Vice-ChairmanrGitelman_appointed Ernest_Jacks, Helen Edmiston, and Al Hughes to serve on a nominating Committee to make nominations for officers for the annual election in February. The meeting was adjourned at 6:30 P.M. RESOLUTION NO. PC 1-74 WHEREAS, a public hearing was held by the Planning Commission Tuesday, January 8, 1974, 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 hearing the planning commission voted to make a recommendation to the Board of Directors on the Rezoning Petition No. R74-2, Helen Mangum Fields. 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 R-1, Low Density Residential District, to R-0, Residential Office District, be denied. LEGAL DESCRIPTION: A part of the Southeast Quarter of the Southwest Quarter of Section 8, in Township 16 North, of Range 30 West, described as follows: Commencing at the Northwest corner of said 40 acre tract, and running, thence South 210 feet; thence East 210 feet to a point of beginning; thence East 210 feet; thence North 210 feet; thence West 210 feet; thence South 210 feet to the place of beginning, containing one acre, more or less. Less that portion given in easement for Cleveland Street. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this 8th day of January 1974. APPROVED: MORTON GITELMAN, VICE-CHAIRMAN • • RESOLUTION NO. PC 2-74 WHEREAS, a public hearing was held by the Planning Commission Tuesday, January 8, 1974, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the hearing the Planning Commission voted to make a recommendation to the Board of Directors on a proposed amendment to Ordinance No. 1747 (Appendix A, Article 7 of the Code of Ordinances, Fayetteville, Arkansas) to provide for tandem lot 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 Appendix A, Article 7 of the Code of Ordinances, Fayetteville, Arkansas, Article 7 of Ordinance No. 1747 be amended by adding a section to read as follows: "Section 21. Tandem Lot Development. "Tandem Lot Development, the locating of one lot behind another lot, may be permitted upon appeal to the Planning Commission. "Each residential tandem lot on which a one -family or two-family dwelling is located shall have a minimum public street frontage of twenty-five (25) feet, which frontage shall extend in an equal and uniform width to the principal portion of the lot and shall be utilizable for private drive and utility easement purposes. Each residential tandem lot with a dwelling structure which houses three (3) or more families shall have a minimum public street frontage of thirty-five (35) feet, which frontage shall extend in an equal and uniform width to the principal portion of the lot and shall be utilizable for private drive and utility easement purposes. "Each tandem lot shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located. Lot area calculations to determine whether a tandem lot meets minimum lot area requirements shall not include any portion of the lot having less than the required minimum width. No structure shall be placed on any portion of a lot having less than the required minimum width." PASSED AND APPROVED this 8th day of January , 1974. APPROVED: MORTON GITELMAN, VICE-CHAIRMAN • • io RESOLUTION NO. PC 3-74 WHEREAS, the Planning Commission has had under study the land use plan and zoning in an area bounded by Highway 71 By-pass on the West and South, Highway 71-B on the East and lying on both the North and South sides of Highway 16 By-pass; and WHEREAS, the Planning Commission desires to hold a public hearing on an amendment to said land use plan. NOW, THEREFORE, BE IT RESOLVED that a.public hearing be called to consider an amendment to the said land use plan. BE IT FURTHER RESOLVED, that the Planning Administrator is hereby instructed to give fifteen (15) days notice by publishing a notice in the Northwest Arkansas Times that a hearing will be held February 12, 1974. PASSED AND APPROVED this 8th day of January , 1974. APPROVED: MORTON GITELMAN, VICE-CHAIRMAN • • • RESOLUTION NO. PC 4-74 HE IT RESOLVED, that the Fayetteville Planning Commission expresses its appreciation to Mr. Roy Clinton who has completed his term as Chairman of the Commission. Mr. Clinton has served the Commission and the City of Fayetteville ably and well during a period of difficult adjustment to a new and complicated set of land use regulations. PASSED AND APPROVED this Sth day of January , 1974. APPROVED: MORTON GITELMAN, VICE-CHAIRMAN OM - RESOLUTION NO. PC 5-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission on November 7 and November 28, 1972, and February 6, 1973, on a proposal to amend the general land use property plan for property located on both sides of Highway 62 West from the Highway 71 By-pass to the Farmington -Fayetteville City Limits; and, WHEREAS, notice of said public hearing setting forth the time, date, place and purposes of said hearing was published in the Northwest Arkansas Times, a newspaper of general circulation in the City, more than fifteen (15) days prior to said public hearing; and WHEREAS, following said public hearing said Planning Commission certified to the Board of Directors that a proposed amendment to the land use plan be adopted; and WHEREAS, on March 20, 1973, the Fayetteville Board of Directors adopted an amendment to the land use plan; and WHEREAS, oh April 3, 1973, the Fayetteville Board of Directors requested the Planning Commission to consider and render a recommendation on parallel access roads and certain other revisions in said amendment to the land use plan; and WHEREAS, on September 11, 1973, the Fayetteville Planning Commission forwarded said recommendation to the Fayetteville Board of Directors; and WHEREAS, on September 18, 1973, the Fayetteville Board of Directors adopted said amendment to the land use plan; and WHEREAS, on September 18, 1973, the Fayetteville Board of Directors requested the Planning Commission to make a further recommendation on said land use plan in an area lying between Hanshew Avenue and the Farmington -Fayetteville City Limits; and WHEREAS, on January 8, 1974, the Fayetteville Planning Commission certified to the Board of Directors a further amendment to the land use plan with a recommendation that it be adopted; 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 general land use plan of the City of Fayetteville, Arkansas be amended as shown on the plat, attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 8th day of January , 1974. APPROVED: MORTON GITELMAN, VICE-CHAIRMAN w W W I W W W I W N a I W V o W ▪ N O o CO NJ m cr I a N CO IN N O m Iw . m in a i., N to Im v 0, u, a I W N ■ ■ ■ I I I I t Sanaa an. 11111111amealaSaan MINI MIIIMMEMIll Milinnall NNW IS kIlMelSiala MS H t IMIESISINISSEI ME aeration allaa Naga= MIN III EMI a „m „ran 1111 1111111111HEM inn ■■n y��WM ..�IMMIMEMNIMMIMMIll MEInHH.H... .N. H..n how s ■nninnnn nniinniu.■.nn■ n HI ron =nnnn .■ 11111111 EMMONS= MEI MEW, MOM re E I IMN EMI HMI 1 Rn MInH.Hnn............ man HI E T HH t W CO a N a CO CO v a, til CO o+ W N -CI ral -- CI CID ma