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HomeMy WebLinkAbout1974-04-09 MinutesA meeting of the 4:00 P.M. in the MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: MINUTES OF A PLANNING COMMISSION MEETING Fayetteville Planning Commission was held Tuesday, April 9, 1974 at Directors Room, City Administration Building, Fayetteville, Arkansas. Chairman Morton Gitelman, Helen Edmiston, Al Hughes, Ernest Lancaster, Rita McRee, John Power, Ernest Jacks. John Maguire, Donald Nickell. Bobbie Jones, Iris Dees, David McWethy, Jack Wallace, Mayor Purdy, Neal Albright, Mrs. Ralph Guthary, Jr., Leonard Kendall, Jim Lindsey, Ervan Wimberly. Chairman Gitelman called the meeting to order. Minutes of the March 26, 1974 Planning Commission Meeting were approved MINUTES as mailed. Chairman Gitelman opened the public hearing on Rezoning Petition R.B. GUTHARY, JR. R74-5, Ralph B. Guthary, Jr., to rezone property located at South Hill 159 and 161 South Hill Avenue (lying south of Stone Street) from Petition R74-5 R-3, High Density Residential District, to R-0, Residential Office Dist. Larry Wood gave the planning report and did not recommend this rezoning. Mrs. Guthary was present and said they were in question about what zone to apply for; it is not really a commercial type business where you would have a lot of traffic. She said she wanted to move a ceramic shop from its present location on Highway 71 North to the house next door to her dwelling. John Power arrived at 4:15 P.M. Mrs. Guthary requested that if the Commission was not inclined to approve the rezoning request that they consider granting her a conditional use to use the property for "studio for teaching fine arts', (Use Unit 25). She admitted that it would still be necessary to obtain a variance from the bulk and area requirements for a use such as this from the Board of Adjustment. There was no one present to oppose her request. Helen Edmiston moved that the petition to rezone be denied, that it be left in R-3'; and to approve the conditional use for a ceramics shop in R-3. Al Hughes seconded the motion. Chairman Gitelman reminded Mrs. Guthary that the Board of Adjustment would have to be consulted on a variance. The motion carried unanimously. The next item for discussion was the public hearing on WILDCAT DEVELOPMENT Rezoning Petition R74-6, Wildcat Development, Inc. (Thomas A. Petition R74-6 Jacoway, Attorney for Petitioner) to rezone property located on the south side of Sunrise Mountain Road, 500 ft. west of Highway 71 south and east of the St. L. & S. F. Railroad from A-1, Agricultural District, and I-1, Heavy Commercial & Light Industrial District, to R-3, High Density Residential District. Bobbie Jones said a letter requesting a postponement of the public hearing was received by the Planning Office after the notice had been published in the newspaper. Bobbie Jones said the ordinance deals specifically with withdrawals but not postponement of public hearings. Chairman Gitelman said Mr. Jacoway phoned him and said one of the petitioners had left. Chairman Gitelman suggested they be given a 30 -day or 1 -month continuance. Al Hughes moved that the public hearing be delayed for 30 days. Helen Edmiston seconded the motion. Chairman Gitelman asked if readvertisement could be required and Bobbie Jones said persons notified of this meeting will receive mail. Chairman Gitelman asked that anyone not receiving mail and desiring notification of the next meeting leave their name and address with the Planning Office. The motion carried unanimously. Planning Commission April 9, 1974 Page Two aThe next item for discussion was the proposed amendment to the H'LAND PARK - PHASE II approved Preliminary Plat for Hyland Park Subdivision. The Preliminary Plat proposed amendment constitutes a Preliminary Plat for Phase II of Hyland Park and involves a change in the layout of streets and lots. Mr. Jim Lindsey was present. Al Hughes reported for the Subdivision Committee and said the Committee was concerned about the street lights shown every 400 ft. instead of 300 ft. and that the dead-end street and cul-de-sac and the length of the City block exceed the maximum length in the regulations. Mr. Lindsey said they could bring the street lights up to requirements. Jim Lindsey said they had left a 60 ft. strip along the north going west, the grade is bad, but they thought they might want to use it for a street in the future. Al Hughes asked why 40 ft, of right-of-way around the cul-de-sac was shown instead of 50 ft. Jim Lindsey said the engineer made a mistake and he will get back with him on that and make it 50 ft. Chairman Gitelman asked how the street layout on this revised plat was different. Jim Lindsey said the original plat had more and smaller lots and the street looped around. Mr. Lindsey said they would be interested in the architectural structure of the water tower up there. Chairman Gitelman said he didn't have any concern about the length problem of the dead-end street. Jim Lindsey said they would be willing to put an extra fire hydrant on that. Chairman Gitelman noted that for ingress and egress Canterbury Road is the only way to get in and out of this portion of the subdivision at this time. Jim Lindsey said it is a mile:. and 1/10 by way of Lovers Lane; if you could come in where we are reserving 60 ft. for a road you would shorten that distance about a half mile. Al Hughes moved the revised Preliminary Plat of Hyland Park Subdivision for Phase II be approved with street lights being spaced 300 feet apart to meet requirements and the width of the street around the cul-de-sac be changed. Helen Edmiston seconded the motion. a The motion carried unanimously. IIP The next item for discussion was the revision to the approved BOGAN, EASON & SWEETSER Preliminary Plat of Bogan, Eason, Sweetser Subdivision. This Revision to the revision includes an additional 9.48 acres not included in the Preliminary Plat earlier Preliminary Plat of Bogan, Eason, Sweetser Subdivision. Neal Albright was present to represent this. Al Hughes reported that the Committee found no problems on this. Bobbie Jones reported that she had found a 100' discrepancy in the total east -west dimension on the revised preliminary plat. This would also affect the original preliminary plat. Helen Edmiston moved the revised preliminary plat be accepted. Ernest Lancaster seconded the motion which carried unanimously. The next items for discussion were the proposed ordinance to amend ORDINANCE 1747 Ordinance 1747 (Appendix A - Zoning, Code of Ordinances, City of LSD Regulations Fayetteville, Arkansas) to amend requirements for large scale ORDINANCE 1750 development plans. (Tabled from public hearing on March 26, 1974) Subdivision Regulations and the proposed ordinance to amend Ordinance 1750 (Appendix C- Proposed ordinance to Subdivision Regulations, Code of Ordinances, City of Fayetteville, Arend Arkansas) to amend requirements for large scale development plans. (Tabled from public hearing on March 26, 1974). It was mentioned that Jim McCord felt the definition of development in this ordinance was in accordance with state state statutes. David McWethy said he thought Mr. McCord as agreeable to deleting the section ("the provision of access, the extension or provision of utilities") in the large scale development definition. Helen Edmiston moved that this section be deleted as read. Al Hughes seconded the motion which carried unanimously. David McWethy said Bobbie Jones had suggested changing "and" to "or" in the first word on the last line of the definition. Al Hughes moved to change the "and" to "or" and Helen Edmiston seconded the motion which carried unanimously. Pr" Planning Commission April 9, 1974 Page Three • Ervan Wimberly mentioned at this time that he was not in agreement with the 14''X 18" requirement size for a map. David McWethy said they could work that out. Al Hughes asked why certify legal description and David McWethy said he.didn't feel it was unreasonable because this would be commercial people putting in a development. Ernest Jacks arrived at 4:50 P.M. Al Hughes moved to put the requirement for a certified legal description of required dedications under the heading "material which may be required". Helen Edmiston seconded the motion which carried unanimously. The next change discussed was John Power's proposal to delete the phrase "undue hardship or other valid reasons" under "Required Dedications". which the City Manager's Office pre- ferred that both be kept. John Power said he thought the purpose of the ordinance was to require people to make their dedications and he didn't want to get bogged down in this particular detail. The concensus of the Commission was to leave "Required Dedications" under Section I as written. The next change discussed was the deletion of 1"=100" scale requirement on site plans. Ernest Jacks suggested it read "drawn to appropriate scale". Al Hughes questioned "trees 6" in diameter and larger" in that section. David McWethy asked if everyonewould be agreeable to the deletion of the trees. Al Hughes also questioned contours at 5 ft. intervals. Ernest Jacks asked why couldn't they say contours at appropriate intervals. The Commission agreed to delete "trees 6" in diameter and larger" and change "contours at 5 ft. intervals" to "contours at appropriate intervals". Under Item 3 of "Material which may be required" the Commission approved deletion of the word "architectural" before site plan in that sentence and insert the words "at appropriate scale" after site plan. John Power questioned the necessity or desirability of requiring a "financial plan" under "Written Material". John Power moved to remove the requirement for a Financial Plan. Al Hughes seconded the motion which carried unanimously. Ernest Jacks questioned why 30 days was listed as the period requiring Planning Commission approval instead of 45 days. The concensus was to leave this as written. Ernest Jacks proposed retaining the existing regulation requiring modifications to be approved by the Planning Commission. The Planning Commission agreed this should be retained and considered Section 8 to be an appropriate Section to insert it.. Under. Excluded Developments, Item 2,_the wording was'.corrected-to read:- - "An addition to an existing non-residential structure which addition will not exceed ten thousand (10,000) square feet or twenty-five (255 percent of the square footage of the existing structure, if the addition will not require an increase of twenty-five (25) or more parking spaces under the provisions of Ordinance No. 1747 or require a change in existing ingress or egress. All proposed additions to existing structures must be approved by the Building Inspector, City Engineer, Street Superintendent, and Sanitation Superintendent. Representatives of the various utility companies shall be consulted to determine the availability of service or potential problems the proposed addition might cause with regard to utility service." There was unanimous approval to remove the phrase "permanent foundation is to be erected and no" from Item 3 under Excluded Developments. John Power moved to recommend to the Board of Directors that the proposed amendment be approved as ammended this date. Ernest Lancaster seconded the motion which passed with a unanimous vote. The next item was the proposed amendment to Ordinance 1893 (Chapter 17B, ORDINANCE 1893 Signs, Code of Ordinances, City of Fayetteville, Arkansas). Chapter 17B John Power said he didn't see how any action could be taken util the sign Signs ordinance is cleared up in the courts. •Helen Edmiston moved to recommend to the Board of Directors that the proposed amendment be approved as written. Ernest Lancaster seconded the motion which carried unanimously. Planning Commission April 9, 1974 Page Four The next item for discussion was the request by Leonard Kendall for LEONARD KENDALL a waiver of subdivision requirements for property located in the Subdivision Waiver Southeast Quarter of the Southwest Quarter of Section 29, T -16-N, R -30-W (outside the City; but inside the Fayetteville Planning Area). Mr. Kendall was present and said he had sold his brother, Bruce Kendall, 7 acres in 1970 and he sold his sister, Moachele, 2 acres in 1972; and sold Eugene Chandler a tract in 1973. He said he was awaiting action from the Planning Commission to consumate the deal on another sale along the Salem Road on the west, south of the church building. The other two lots just east of there are for sale, too. He said his home is on the east side of the private road. He said he intended to keep that and the 2i acres on the east side of the community grounds. He said they world rather go ahead and maintain this road themselves rather than dedicate it. He said he thought the County would have to maintain it if no one else did. South of his property is a 305 acre farm which the North Salem Road runs through, and west of the road is in timber. He said he is trying to cut as few trees as he can. Mr. Kendall said he talked to the utility companies and they have verbally agreed to go across the tract he wants to sell in a 20 ft. easement. He said he has covenants where there can only be one house on each parcel. Larry Wood said the State Law requires the Planning Commission to submit plats inside the Planning Area to the County Planning Board and allow them 20 days in which to respond. Chairman Gitelman said if we approved this we are waiving all street requirements and street improvements. John Power left at 6:05 P.M. Rita McRee left at 6:08 P.M. Larry Wood said this bothered him if the City proceeds in this direction because it goes totally contrary to what the Planning Commission is trying to do and that is to coordinate development activity. Mr. Wood said he assumed the fire department will refuse to go down that road. Larry Wood said ' we have County roads which appear to need dedications and we are setting up the potential for at least 8 lots and on a private road and I see a lot of people wanting to develop in this way because they can avoid a lot of develop- ment cost that eventually come back on somebody in some way. Mr. Wood said if this was a Planned Unit Development he suspected they would have to have a statement that the public has the right to use the drive so fire and police can use the drive. Chairman Gitelman said he could see a difference between someone who wants to live out in the country and have his own private drive and someone who wants to develop property and keep those lots on a private drive. He said by the time you are through there will be a regular subdivision out there with 6 or 8 houses on it. Mr. Kendall said he had no objections to meeting County standards, but wanted to keep it as a private road. Mr. Kendall said he couldn't afford the subdivision route. Mayor Purdy asked if Mr. Kendall was asking for a blanket waiver of all requirements. Larry Wood said the County Judge has said he will not maintain a road that is not 60 ft. in the right-of-way. Al Hughes moved to table until a response is given from the County. Helen Edmiston seconded the motion which carried unanimously. The next item for discussion under "other business" was the EAST CAMPUS HIGH SCHOOL Fayetteville East Campus High School to attach the band- Stone Street room to the main building. Addition The Subdivision Committee found everything in order. Al Hughes moved to accept this if no problems were encountered with the Plat Review Committee. Helen Edmiston seconded the motion which carried unanimously. The meeting adjourned at 6:25 P.M. • RESOLUTION PC 15-74 • WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, April 9, 1974, 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 to make a recommendation to the Board of Directors on the petition of Mr. and Mrs. Ralph R. Guthary, Jr. 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, frpm R-3, High Density Residential District to R-0, Residential -Office District, be denied. LEGAL DESCRIPTION: Part of the SE4, SW4, of Section 16, T -16-N, R -30-W, and being more particularly described as follows, to wit. Beginning at a point which 165 feet South of a point which is 433 feet East of the NW corner of said 40 acre tract, and running thence South 50 feet, thence West 194 feet, thence North 50 feet, thence East 194 feet to the Place of Beginning, Situate and being in the City of Fayetteville, in the County of Washington and State of Arkansas. ALSO Part of the SE4, SW4, of Sec. 16, T -16-N, R -30-W, described as follows, to -wit. Beginning at a point which is 433 feet East and 115 feet South of the NW corner of said 40 acre tract, and running thence South 50 feet, thence West 194 feet, thence North 50 feet, thence East 194 feet to the point of beginning, being situated in the City of Fayetteville, Arkansas. SECTION 2. That the Planning Commission does hereby grant the petitioner, Ralph B. Guthary, Jr., the right of conditional use of said property as a ceramics shop as authorized under Use Unit 25 - Professional Offices --"studio for teaching fine or liberal arts" with the understanding that the petitioner must appeal to the Board of Adjustment for a variance from the bulk and area requirements contained in Article 5, (IV), Ordinance 1747. PASSED AND APPROVED this 9th day of April 1974. APPROVED• MORTON GITELMAN, CHAIRMAN RESOLUTION PC 16-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, April 9, 1974, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general cirdulation; 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 (Append&-* A -Zoning, Code of Ordinance, City of Fayetteville, Arkansas) to amend requirements for large scale development plans; 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 amend requirements for large scale development plans. PASSED AND APPROVED this 9th day of April , 1974. APPROVED: MORTON GITELMAN, Chairman ruf Li1 r; RESOffiTION PC 17-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, April 9, 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 recommendation to the Board of Directors on a proposed ordinance to amend Ordinance 1750 (Appendix C - ySubdivision Regulations, Code of Ordinandes, City of Fayetteville, Arkansas) to amend requirements for large scale development plans; NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIIJF, ARKANSAS. SECTION 1. That the proposed ordinance, attached hereto and made a part hereof, be adopted to amend Ordinance 1750 to amend requirements for large scale development plans. PASSED AND APPROVED this 9th day of April , 1974. APPROVED: MORTON GITELMAN, Chairman • RESOLUTION PC 18-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, April 9, 1974, 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 a proposed ordinance to amend Ordinance 1893`(Chapter 17B, Signs, Codesof Ordinances, City of Fayetteville, Arkansas). 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 1893 (Chapter 17B, Signs, Code of Ordinances, Fayetteville, Arkansas). PASSED AND APPROVED this 9th day of April , 1974. APPROVED: MORTON GITELMAN, Chairman