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HomeMy WebLinkAbout1974-05-14 MinutesThe Fayetteville in the Directors MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: MINUTES OF A PLANNING COMMISSION MEETING Planning Commission met at 4:00 P.M., Tuesday, May 14, 1974, Room, City Administration Building, Fayetteville, Arkansas. Chairman Morton Gitelman, John Maguire, Ernest Jacks, Helen Edmiston, Al Hughes, Rita McBee, Ernest Lancaster, Donald Nickell. John Power. Larry Wood, David McWethy, Bobbie Jones, Frank Ashby, F. H. Martin, Gene Larr, Tom Burke, Truman Yancey, Truman Smith, Charles Hoffman, Dawn Dunnuck, Evangeline Foldvary, Ron Foldvary, members of the press, and a number of concerned citizens owning property and residing along Highway 62 West. Chairman Morton Gitelman called the meeting to order. The minutes of the April 23, 1974 Planning Commission meeting were approved MINUTES as mailed. Chairman Gitelman called for the public hearing on Rezoning Petition PETITION R74-6 R74-6, Wildcat Development, Inc. to rezone property lying on the South side WILDCAT DEV. of Sunrise Mountain Road, East of the St. Louis & San Francisco Railroad Sunrise Mtn.Rd. tracks, and 500 ft. West of Highway 71 South, from A-1, Agricultural District, and I-1, Heavy Commercial & Light Industrial District, to R-3, High Density Residential District, which had been continued from April 9, 1974. Planning Administrator Bobbie Jones gave the Commission copies of a letter received earlier. that day in which the petitioner requested permission to withdraw the petition. Ernest Jacks moved that the Commission allow the petitioner to withdraw the petition. Helen Edmiston seconded the motion which was approved unanimously. Chairman Gitelman opened the public hearing on Rezoning Petition R74-7, PETITION R74-7 Frank E. Ashby, to rezone property located at 2262 South School Avenue, FRANK E. ASHBY from R-1, Low Density Residential District, to C-2, Thoroughfare Commercial Hwy. 71-B South District. Planning Consultant Larry Wood presented the Planning Report. Frank E. Ashby was present to represent the petition. Mr. Ashby stated that for the past 2 years or so the property has been used for a nursery outlet for McReynolds & Noland which was a conditional use approved by the Planning Commission. He said they have found it necessary to move this operation back to Siloam Springs. Mr. Ashby said that since the Planning Commission granted the conditional use, he has purchased the property and would like to have it rezoned to C-2. He said he has no immediate plans for the property and would probably rent it. There was no one present to oppose the petition. Planning Administrator Bobbie Jones informed the Commission that City Engineer Paul Mattke had advised that sewer is not available for this property. Sewer is approximately 300 to 400 ft. West of Highway 71B and would be expensive to extend to this property. The public hearing was closed. • Helen Edmiston moved that the Planning Commission recommend to the Board of Directors that Petition R74-7, Frank E. Ashby, to rezone property from R-1, PETITION R74-7 Low Density Residential District, to C-2, Thoroughfare Commercial District, be approved. Ernest Lancaster seconded the motion which was approved unanimously. • • Planning Commission -2- 5-14-74 At the invitation of Chairman Gitelman, Al Hughes moved that the public HIGHWAY 62 WEST hearing on a proposed ordinance designating that section of U. S. Controlled Access Hwy. Highway 62, from the intersection of U. S. Highway 71 By-pass and U. 5. Highway 62, running West to the West City Limits of Fayetteville, Arkansas, a controlled access highway be removed from the table. This matter had been placed on table March 12, 1974. Donald Nickell seconded the motion; the motion to remove the matter from the table was approved unanimously. Chairman Gitelman then announced a continuance of the March 12 public hearing. He stated that since March 12, many of the Commissioners had received communications individually from the organization of concerned citizens along Highway 62. He read for the benefit of the audience a memo which the City Manager Donald Grimes had written to the Planning Administrator, copies of which the Planning Commissioners had already received. The text of that letter follows in full and is hereby made a part of these minutes: "The District Engineer of the State Highway Department and I have talked at length concerning the proposed parallel access roadways along Highway 62 West from the By-pass to Farmington. He and I are in agreement that, due to the fact that much of this area is already developed, parallel access roads are probably not feasible at this location. Therefore, it is our recommendation that a five -lane highway be planned from the Highway 71 By-pass to Farmington and that adjacent property owners be encouraged to share access drives so the hazards associated with traffic exiting and entering the highway can be minimized." Attorney F. H. Martin was present on behalf of the organized citizens group along Highway 62. Chairman Gitelman asked if he had any additional comments or information to add for the record, other than what had been presented earlier. Mr. Martin said he thought everything had been covered previously, but did request a decision from the Commission at this meeting. John Maguire moved that the Commission recommend to the Board of Directors that the portion of Highway 62 under consideration not be designated a controlled access highway, but that a 5 -lane roadway be planned for Highway 62 from the By-pass to Farmington when feasible. Al Hughes seconded the motion. Ernest Jacks stated that he had never been that concerned about service roads, but that he was concerned about Highway 62 becoming a strip commercial development and thought a 5 -lane road was directed at doing exactly that. Mr. Jacks and Mr. Nickell both said they would vote in favor of a motion not to make Highway 62 a controlled access highway, but would not vote for a 5 -lane highway from Fayetteville to Farmington. John Maguire said he felt the motion was just a recommendation and that the question of designing a roadway was outside the jurisdiction of the Commission. Chairman Gitelman stated that in a sense this is correct, but if the Commission votes not to recommend service roads, the question then becomes whether the City should go back to Larry Wood's original study which talked about shared driveways and other land use ideas or start with some other alternative. He stated that he personally felt the Commission could not make a decision on this until they knew what the Arkansas Highway Department plans to do. With the approval of Mr. Hughes who seconded the motion, Mr. Maguire amended his motion to recommend to the Board of Directors that they reject the proposed ordinance to declare Highway 62 West a controlled access highway. The amended motion was unanimously approved. Gene Larr asked for clarification on Mr. Jacks views. He said the organization 1:111 of people along Highway 62 wants a 5 -lane road and that they felt it would be much safer than a 4 -lane road. Chairman Gitelman stated that he felt it was too premature to make recommendations on a 5 -lane road and said that the Commission and Larry Wood might want to.go back and review the land use plan for Highway 62 again. Planning Commission -3- 5-14-74 Ernest Jacks moved to remove from table the proposed ordinance to amend AMEND ORD. 1661 Sections 1, 2, and 3 of Ordinance No. 1661 to define the term service road; and for other purposes. Al Hughes seconded the motion which was approved unanimously. The proposed ordinance would permit the Planning Commission to approve a service road that did not lie parallel to and immediately adjacent to a controlled access highway and to change the definition of "development of ]and" as contained in Ordinance 1661. Al Hughes moved that the Commission recommend to the Board of Directors that the proposed ordinance be adopted as written. Ernest Jacks seconded the motion. The motion was unanimously approved. Chairman Gitelman asked the Commission if they wished to have Larry Wood continue his studies on Highway 62 and give them another recommendation. Mr. Wood recommended that he and the Street Superintendent make a field survey using the adopted land use plan for Highway 62 West and to physically check the points that were indicated for shared access and individual access, come back to the Commission with a recommendation based on their findings. He said the City could then adopt those recommendations as an access plan for Highway 62 and the person issuing permits for curb cuts and driveways would refer to that when issuing permits. Ernest Lancaster moved that the Commission request Larry Wood and Street Superintendent Clayton Powell work together on locating and pinpointing access points along Highway 62 as outlined by Mr. Wood. Mr. Wood pointed out that the adopted land use plan for Highway 62 presently shows service roads and suggested that plan be amended. Chairman Gitelman requested that this matter be placed on the agenda for the May 28, 1974 meeting as a discussion item only. David McWethy asked whether this would require a public hearing to delete service roads from the approved land use plan. Chairman Gitelman was not sure. David McWethy requested that the Commission vote on the matter for removing service roads from the land use plan subject to an opinion from City Attorney Jim McCord, otherwise, the City would have the access roads on the land use plan without any way of requiring them. Chairman Gitelman said he would prefer to wait and give the Commission another opportunity to discuss it. Mr. Lancaster withdrew his motion requesting Mr. Wood and Mr. Powell to study the proposed access points on Highway 62. Ernest Jacks reported that the Subdivision Committee had reviewed the large scale development plan submitted by Dr. J. B. Hays to construct a building for Cook Paint Company at 2844 North College Avenue. The Committee found no problems on this plan. Attorney Tom Burke was present on behalf of Dr. Hays. Al Hughes moved the plan be approved. Helen Edmiston was unanimously approved. DR. J. B. HAY 2844 N. College L.S. Development (Cook Paint) seconded the motion which Ernest Jacks reported that the Subdivision Committee had reviewed the RONNIE WOODFIELD request for waiver of subdivision requirements of property owned by Subd. Waiver Ronnie Woodfield on the West side of Sang Avenue between Berry Street Sang Avenue and Cleveland Street. Mr. Jacks moved that the request be granted if the persons concerned would agree to the following contingencies: 1) The present legal description reads to the centerline of Sang Avenue; 30 ft. of right-of-way needs to be dedicated to meet the Major Street Plan; 2) A 5 ft. utility easement be dedicated down each side of each new North-South property line; 3) Land be reserved for the future extension of Leland Avenue and Lonnie Avenue; and 4) A 40 ft. drainage easement for the stream Crossing the property be established. Helen Edmiston seconded the motion. Attorney Truman Yancey was present on behalf of one of the prospective purchasers. • Planning Commission -4- 5-14-74 Mr. Yancey told the Commission that the extension of Leland and Lonnie Avenues has already been done in the past He said he saw no problems with the requested utility easements as far as the prospective purchasers were concerned. He said these conditions were preferable to the alternatives. He said he understood that all the property owners agree to the purchase and attachment of each individual section adjacent to their respective properties. The motion to grant the waiver of subdivision requirements contingent upon compliance with the easement and right-of-way requirements was unanimously approved. Attorney Truman Smith was present to represent a request for consideration KENNETH GARTON of an amendment to the Zoning Ordinance to permit "home occupations" in Request to amend the R-1 Zoning District on appeal to the Planning Commission. The request Zoning Ord. was submitted on behalf of Kenneth C. Garton. Mr. & Mrs. Garton were also present. Mr Smith said that on March 27, 1974 an application had been submitted to the City for a building permit to remodel the Garton's garage at 938 Rogers Drive for the purpose of putting a beauty shop in the garage. The application had been denied because the props ty is zoned R-1. He said their only two alternatives was to either have the property rezoned to a zone which would permit a beauty shop, or to request the Commission to consider amending the ordinance to permit a beauty shop in the R-1 on appeal to the Commission. Mr. Smith said that Mrs. Garton would be the only operator within the shop, the shop would be entirely within the home, and that there would be adequate parking for two vehicles besides the ones owned by the Gartons, and that the utilities have been approved. He said that the area around the Garton home presently has a commercial artist within a home, a duplex in the area, and a day nursery also in the area. Mr. Smith read a petition from some of the adjoining property owners in the area expressing approval of the Gartons putting • a beauty shop within their home and also of amending the R-1 Zoning District provisions to allow a beauty shop as a conditional use on appeal to the Planning Commission. He said this was signed by Mrs. Western L. Johnson, Mrs. G. Walters, Betty Fletcher, and Joe B. Berryman. Housing Inspector Charles Hoffman said that apparently the petitioners had miscon- strued his comments regarding utilities. He said he had told them that if the operation of the beauty shop is approved the installation of the utilities will have to be checked to see that they do not conflict with the various codes. He said he had not approved the utilities which had been altered to permit the beauty shop. Mrs. Dawn Dunnuck, residing across the street from the Gartons, objected. She said the application was submitted to put the beauty shop in and actually that the beauty shop has been in existence there for a year and a half against the zoning ordinance. She added that the street is a dead-end street, unpaved, very dusty, and so narrow along at least a 100 ft. length of it that two cars cannot meet without one having to stop. She said the street does not have a passageway for foot traffic; one must walk in the street which is surfaced with chat and flint rock. Mrs. Dunnuck said there is a great deal of business going on in this house. She stated she had counted the number of women going in and leaving the Garton house and said it averages out to about 1 every 7 minutes. She said people drop customers off and come back for them and since this is a dead end street they must pass each house on that street twice. She said parking is not adequate; cars have parked in front of the house next to hers waiting for other cars to move and have parked 3 -deep at the end of the street. She said she had a list of about 50 cars including their license numbers and colors that she had seen coming and going. She emphasized that she was definitely opposed. Evangeline Foldvary, property owner at the end of Rogers Drive, stated they had not • been opposed to Mrs. Garton operating the beauty shop which she also stated had been in operation for at least 14 years. She said the property they purchased was zoned R-1 and the only exception to single family dwellings is for 2 -family dwellings which i • • Planning Commission -5- 5-14-74 would be limited to three individual members of a household unless those members are blood relatives. She said the property is on a hill and they are on septic tanks which she felt could become quite unsanitary. She stated she felt zoning was supposed to be in keeping with the interest of the neighborhood and asked that their neighborhood not be made into a business neighborhood. She mentioned that the street right-of-way is only 27 ft. wide. Ron Foldvary said that Mrs. Walter who had signed the petition read by Mr. Smith had misunderstood the petition and would like to have her name removed from it. He said he is the commercial artist referred to and that he operates out of a post office box and does not have any traffic coming in and going out of his home. Larry Wood stated that he had consistently recommended against the inclusion of home occupations in residential areas. He said that this is the beginning of the planting of the seeds of deterioration of a neighborhood when you begin to include the commercial activities in that neighborhood, because you are encouraging traffic that otherwise would not be there and you have absolutely no control over the amount. He said it is feasible that in any given neighborhood everyone could be operating a home occupation out of there house which would completely change the character of that neighborhood. He recommended that the Commission not introduce home occupations into residential districts. Donald Nickell moved that the request be denied. Ernest Jacks seconded the motion which was approved unanimously. The Commission discussed a copy of a letter from City Manager Donald Grimes INTERSECTION to Calvin Peevy, District Engineer for Arkansas Highway Department pertaining 71 By-pass to access from Porter Road onto Highway 71 By-pass. Chairman Gitelman said & Porter Rd. this could have some impact on the land use and zoning plan and the Commission should be aware of this. He asked if the Street Superintendent had made any comments about the letter. None were known of. Larry Wood said an interchange would have some impact on the land use requests the Commission will be getting and that there are also some drainage problems involved in this area. Also the University owns some property there. The Commission took no action on the letter, but just took cognizance of it. Under "other business" Bob Huff had submitted a request to have the BOB HUFF Commission and City Board of Directors quit' any title the City might Edgehill Drive have to a triangle of property for which he had obtained a deed from Clay Question of ROW Yoe. The property in question is in Clay Yoe Subdivision. Al Hughes reported that the Subdivision Committee had reviewed this. He said that there seems to be a question --apparently a plat was filed by Clay Yoe and then he presented a Warranty Deed for that property to Mr. Huff. Mr. Hughes said he did not feel the Commission has anything to do with it; it doesn't appear that right-of-way for a street is needed. He proposed that the Commission send the matter to the Board of Directors and City Attorney to determine which has precedence and to let them work with the Street Superintendent to determine if it is actually needed (for street right-of-way) and possibly recommend that Mr. Huff be cleared of any wrongdoing and let his deed take precedence. Mr. Hughes moved that the matter be sent to the Board of Directors and City Attorney to determine who has precedence and that the recommendation reflect that the Planning Commission sees no reason to retain that as street right-of-way. Helen Edmiston seconded the motion. Maguire, Jacks, Edmiston, Hughes, McRee, Lancaster and Nickell voted "Aye"; Gitelman abstained from voting; the motion was approved. There being no further business, the meeting was adjourned at 5:20 P.M. • RESOLUTION PC 21-74 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, May 14, 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 public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R74-7, Mr. Frank B. Ashby. NW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION'T. That an ordinance be adopted for the purpose of rezoning from R-1, Low Density Residential District to C-2, Thoroughfare Commercial District said real estate. LEGAL DESCRIPTION: Part of the NW4,'NE*-, of Section 28, T -16-N, R-30-4, being more parti- cularly described as follows to -wit: Beginning at a point on the East right-of-way of U. S. Highway 71, which is 184.53 feet East and 783.77 feet South of the NW corner of said 40 acre tract and running thence East 308 feet; thence North 19° 30' East 140 feet, thence North 81° 11' 30" West 290.39 feet, thence South 21° West 189 feet to the point of beginning, containing 1.13 acres, more or. less. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District to C=2, Thoroughfare Commercial District, so that the petitioner may use the property for a commercial use. PASSED AND APPROVED this 14th day of MaY 1974. APPROVED: Morton Gitelman, Chairman • • RESOLUTION PC 22-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, May 14, 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 1661, Sections 1, 2, and 3 to define the term "service koad", to permit the Planning Commission to approve a service road that did not lie parallel to and immediately adjacent to a controlled access highway, and to change the definition of "development of land"aas contained in Ordinance 1661. 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 1661 to define the term "service road", to permit the Planning Commission to approve a service road that did not lie parallel to and immediately adjacent to a controlled access highway, and to change the definition of "development of land" as contained in Ord. 1661. PASSED AND APPROVED this 14th day of APPROVED: May , 1974. MORTON GITELMAN, Chairman