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HomeMy WebLinkAbout1974-08-13 Minutes• i L r A 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, August 13, 1974 at Directors Room, City Administration Building, Fayetteville, Arkansas. Morton Gitelman, Ernest Jacks, Donald Nickell, John Power, Helen Edmiston, Al Hughes, Rita McRee. John Maguire, Ernest Lancaster. James 0. Witt, Jr., LorisStanton, Larry Wood, Richard Hipp, Marshall Carlisle, Bill Murphy, George Caudle, Joe Segers, Al Eason, Warren Segraves, Mrs. Oma Kilgore, Dayton Stratton, Gary Jackson, Bobbie Jones, David McWelthy, Linda Jackson. Chairman Morton Gitelman called the meeting to order. The minutes of the July 9, 1974, and the minutes of the July 11, special meeting, and July 23, 1974 Planning Commission meetings were approved as distributed. Chairman Gitelman opened the public hearing on Rezoning Petition R74-10 - James 0. Witt, Jr., President of the Hargis Trading Company, and Loris L. Stanton, President of the Stanton Company, to rezone property located on the West side of the CityLake Road (Morningside Drive) and South of Pump Station Road from R-1, Low Density Residential District, to R-2, Medium Density Resi- dential District. Larry Wood presented the Planning Report. Mr. Witt was present to represent and agreed it might be a good idea to study the matter further. He said maybe we can agree on something that will be beneficial to the whole community. Larry Wood, Planning Consultant, suggested a restudy of the comprehensive plan, from 15th Street extending South to include this property petitioned to be rezoned. He said he was concerned from a land use relationship, with this railroad spur coming through, about the residential property immediately South of 15th Street, we ought to look at this property not only from a residential standpoint, but to an industrial standpoint. The property lends itself to industrial usage; it is also up out of the flood plain. The flood report does not indicate anything floodable in a 100 year frequency. Soils in this area are such that if we are talking about septic tanks, it is almost futile to install one because of the nature of the soil. Chairman Gitleman said that it was permissible to table this petition; although if the Planning Commission was going to study the Comprehensive Plan in the area, the zoning ordinance might not allow for it to be tabled long enough without the agreement of the petitioner. Chairman Gitelman then discussed with Mr. Witt whether the matter could be tabled for approximately 60 days. Mr. Witt indicated agreement. Donald Nickell stated he thought it would be the logical thing for it to be Industrial property. Attorney Richard Hipp was present appearing on behalf of area property owners, Don Oliver, Jerry Dill, Carl Alderson, James W. Bryant, Tryon C. Lewis. He presented a petition bearing signatures of 27 property owners either adjacent to the subject property or within 3 or 4 blocks who were totally in opposition to the rezoning petition. He stated that one of their main reasons for opposition is that there are plenty of other apartments in the area in question - over 300 within 3 miles. Loris Stanton stated that they had no plans to build an appartment complex. MINUTES REZONING PETITION R74-10 James 0. Witt, Jr. Hargis Company Loris L. Stanton City Lake Road PLANNING COMMISSION MEETING MINUTES -2- August 13, 1974 He said this request for R-2 was made because they felt that it would be more favorable to have the property zoned R-2, than industrial. He indicated they wanted R-2 so they could have smaller subdivision lots and added that engineers have advised them the por- tion South of the railroad is suited for subdivision. Al Hughes moved to table petition R74-10 for approximately 60 days. Mrs. Edmiston seconded the motion to allow fora study of the area. It was voted upon and unanimously approved. Chairman Gitelman instructed Planning Administrator Bobbie when this is put on the Planning Commission agenda again. Jones to notify Richard Hipp Chairman Gitelman opened the public hearing on Rezoning Petition R74-11, Ottis and Helen Watson, Ralph Brophy, and Holly -Ogden Enterprises, Incorporated - to rezone property located West of Highway 71 North and immediately North of Villa Mobile Home Park from A-1 Agricultural District, to R-2, Medium Density Residential District. Larry Wood presented the Planning Report, and recommended that they change the property to R-2. Attorney Marshall Carlisle was present to represent the petitioners and said that the purpose of this petition is to allow them to de- velop into smaller lots the 20 acres in question. Mr. Bill Murphy said that he was opposed to the rezoning because at the present time, there is a bad traffic problem where Villa Boulevard intersects Highway 71 from the pre- sent number of mobile homes and putting more would only multiply the traffic problem. Al Hughes asked if the Planning Commission had to consider this as a large scale deve- lopment plan. Bobbie Jones said this will either have to be processed as a large scale development plan which would have to be approved by the Planning Commission and the Board of Directors; a mobile home park in an R-2 residentially zoned area is a conditional use which would have to be approved by .the Planning Commission; or, a subdivision plat which would also have to be approved. Helen Edmiston said she thought the property should be zoned R-2 and agreed that there is definitely a traffic problem. Mr. Carlisle said that when Villa Mobile Home Park was developed; the developers offered to extend Villa Boulevard up to Appleby Road. He said they would still volunteer to do that. Someone would be required to obtain the right-of-way by purchase or whatever is necessary He said he thought that if that is taken care of, this would solve the major portion of the traffic problem. John Power said he was very much in opposition to rezoning this until the traffic prob- lem is solved. He added that automobiles are making left turns there with a 45 m.p.h. speed zone and he did not think that any more traffic should be generated there. Bill Murphy said If that road went through his property, it would cut his farm and the 30 acres in half. And, if in the future, he wanted to place any more trailers on his property, he would have a City Street or thoroughfare right through -the center of the property. He again said he was opposed to this. Al Hughes asked Mr. Carlisle if he had made any attempt to get an access due East. Mr. Carlisle - I think that for Mr. Murphy's benefit and surrounding property owners, eventually, the City is going to have to make some recommendations as to accesses to this property. At this time, it is totally isolated. Larry Wood said back when mobile home parks were becoming more active, it was because housing problems were brought about because of financial costs. One of the problems with mobile home parks was that we were developing voids in our transportation system. He called to the Commission's attention that a subdivision plat (Bishop Addition) has been filed on property North $ West of this and that 30 ft was dedicated along the South side of the subdivision for 11 of 60 ft. - future street running East $ West. REZONING PETITION R74-11 Ottis and Helen Watson Ralph Brophy Holly -Ogden Enter- prises, Incorporated West of Highway 71B North of Villa Mobile Home Park • PLANNING COMMISSION MEETING -3- August 13, 1974 I agree that there is an access problem. Al Hughes said there is a safety problem with the children coming out of Villa Mobile Home Park. If more people are put in there without an access other than what is already there, you not only have a traffic problem, but in addition, a safety problem. If we don't put an access in there, we definitely have a problem. I don't believe it should be zoned R-2. Helen Edmiston moved that the Planning Commission recommend to the Board of Directors that Petition R74-11, Ottis and Helen Watson, Ralph Brophy, Holly -Ogden Enterprises Incorporated, to rezone property to R-2 Medium Density Residential, be approved. Mr. Power seconded the motion. It was voted upon and unanimously approved. Chairman Gitelman opened the public hearing on Rezoning REZONING PETITION Petition R74-12, J. Bernard Dresselhaus, to rezone property R74-12 located on 15th Street South of Shenandoah Mobile Home Park J. Bernard Dresselhaus and West of the Fayetteville Industrial Park from R-1, Low Den- 15th Street sity Residential District, to I-1, Heavy Commercial and Light Industrial District. Larry Wood presented the Planning Report. Mr. Wood said that he would summarize the recommendation that this application be continued to be included in the study of that area. He said he was concerned about the samll pockets of residential areas sandwiched in between heavy and light indus- trially zoned areas; there is a question whether they can sustain their value as residential property in future years as industries develop. He said he was also concerned about flooding on the property, and that we need to look closer at the Comprehensive Plan. George Caudle was present to represent the petitioner and stated that these people purchased this property several years ago and have been trying to do something with it for several years. They gave. the City 25 ft. of right-of-iay for a sewer line. Also, they gave 25 feet right through the middle of the property 300 ft deep to take care of the drainage problem. The property is cut up so that we don't think that the property could practically be used for any thing other than light industrial. No one is going to buy it for residential use. Attorney Richard Hipp spoke in behalf of Mr. Bert Rogers, who has a contract to pur- chase this property. He said Mr. Rogers intends to build and seek permission from the City for the purpose of building an office building on the property in question. He said the property surrounding is industrial., Mita McRee arrived 4;55 P.M.) Attorney Joe Segers was present to represent Shenandoah Mobile Home Park and to oppose the petitioner. He said rezoning the property would definitely be detrimental to the Shenandoah Mobile Home Park and to those people who built homes in that area who thought that the area would be zoned R-1. He showed pictures of Rogers Produce Com- pany and called attention to how their present site is maintained. He said the Company has a volume of trucks that come in and out throughout the day $ night. He cited not only added traffic but also increased noise in the area. Mr. Hipp - With this property surrounded by the industrial park, we can't say that this property is not conducive to be zoned I-1. I think the highway should be the delineating factor, but certainly, the property adjacent to it on at least three sides being heavy industrial, I don't see a major deviation from what is there now. He said the only issue should be whether the property should be industrial or residential. He said Rogers only has 8 trucks and they would not create that much traffic. Al Hughes said that considering the fact that Mr. Rogers wants to build an office building, he would suggest that they check the uses permitted in industrial zones as he could not find -office buildings for use -in the I-1 zoned areas. Helen Edmiston suggested tabling the petition giving time for further study. Mr. Caudle said the sales contract called for the rezoning to be completed by August 30th. A • • PLANNING COMMISSION MEETING -4- August 13, 1974 Mr. Hipp - Regarding the recommendation: A residential area in an industrial area does not lend itself to desirable living conditions. The Planning Consultant stated that the area has been previously recommended for light industrial use. At this point, we still go along with the recommendation. Summary as follows: 1. It is residentially zoned and is not desirable for residential purposes because of being surrounded by commercial and industrial. 2. It has been previously recommended that it be industrially zoned. He said that when a building application is filed, that is the time to investigate whether or not flooding will cause problems at that particular point. The recommendation also points out that industrial park road should be connected to this property. He said he knew of no such plans. Larry Wood said from using Planning Principles, we have as breaking points between land uses; however, he saw a perty South of Highway 16 to light industrial use. Helen Edmiston moved that the Planning Commission table for 45 days Mr. Nickellseconded the motion. Jacks, Edmiston, Hughes, Nickell, Power, McRee, voted "Aye"; Gitelman voted "Nay". The motion was approved. Chairman Gitelman instructed the Planning Administrator to notify Mr. Hipp, Mr. Segers, and Utley and Company when this is put on the agenda again. been using creeks or highways possibility of all the pro - Rezoning Petition R74-12 Chairman Gitelman opened the public hearing to consider an PUBLIC HEARING Amendment to the Planning Area Map which was passed and to consider an approved on June 29, 1970, and amended on February 20, 1973. Amendment to the Said amendment would reduce the boundaries of the area within Planning Area Map which the City of Fayetteville would exercise its jurisdiction of property back to the Growth Area for rural water service. Bobbie Jones pointed out that at the time that the public hearing was called, everyone was under the impression that the growth area lay entirely within the Planning Area Boundary. When we transferred the boundaries to the Planning Area Boundary Map, we found in some cases that it does go outside the present planning area; it includes part of Greenland and some other cities. It does not include all of the present city limits in the Lake Sequo'yah area. Al Hughes moved that the proposal be amended to say that the Planning Area of the City of Fayetteville shall be co -extensive with the limits of the Growth Area for rural water service except so far as it encroaches in the planning area jurisdic- tion of any other incorporated City and to further amend it so that in no eventshall it exclude part of the City limits of Fayetteville, and to recommend to the Board of Directors that the Planning Area for the City of Fayetteville be amended accordingly. Helen Edmiston seconded the motion. It was voted upon and unanimously approved. Al Eason $ Warren Segraves were present to represent a request for a "waiver of on-site parking requirements" for a proposed building for First Federal Savings and Loan. Mr. Eason informed the Commission that he felt that if they can develop the property, it would be good for the City. He said there is no way it can be done and provide parking in that site. Chairman Gitelman brought up the question whether or not the Commission had any indi- cation what that means with respect to the number of vacancies in those lots. John Power said he understood we were going to get a representation from the Planning Commission in a joint meeting with someone from the Parking Authority. He said he REQUEST FOR APPROVAL of Off -Site Parking First Federal Savings and Loan Association PPP PLANNING COMMISSION MEETING -5- • • • August 13, 1974 did not know of any parking authority meeting that has been called for this purpose to date. Al Hughes moved that the Commission approve the request. Nickell seconded the motion. Chairman Gitelman suggested that the Planning Commission ought to review just what the Planning Commission can do and should do in terms of zoning ordinance's requirements for off-street parking. Bobbie Jones said that the letter requests a waiver of the on-site parking requirements. She said she did not believe that the Planning Commission has the power to waiver this. It should be an approval of off-site parking. She said she thought this was the intent of the applicant. Mr. Eason, and Mr. Segraves agreed that this was the intent of their letter. It was voted upon and unanimously approved. Mr. Power again brought up the need for a meeting between Planning Commission and Parking Authority, and City Manager. Chairman Gitelman asked Mr. Power to meet with he and Dr Garland Melton in the near future on the matter of parking lots. Mr. Power asked that Larry Wood and City Attorney Jim McCord also be invited to the meeting. Petition to close 2 alleys in Parksdale addition submitted by PETITION TO CLOSE Dorwin L. $ Marie Kilgore, Russell F. $ Oma Kilgore, Edwin R. two (2) alleys $ Carolyn Kilgore, and Rosie Spurlock. Kilgore, Kilgore, Chairman Gitelman reviewed a letter to the Plannipg Commission Spurlock of August 7, 1974. Planning Administrator Bobbie Jones said that she had received comments of approval from all the utilities except for Street Superintendent Clayton Powell. The reason being that Mr. Powell would like to keep the alleys open for drainage. Chairman Gitelman informed the Planning -Commission that all surrounding property owners of Lots 1, 2, 3, 4, 5, and 6 have joined in the petition. Mrs. Oma Kilgore was present to represent the petition. She said that they did not plan to combine any of the lots and that they have had to keep the 20ft. alleys mowed for 28 years and it is difficult to keep the alleys from being grown over with grass; therefore, she did not think that they should be alleys any longer. John Power suggested that someone from the Planning Commision and the Plat Review Committee should go out and take a look at the matter, and give the Commission a recommendation and also, look at Clayton Powell's recommendation . Donald Nickell moved that the Planning Commission table the petition to close the two (2) alleys and request Larry Wood to look at the request. John Power seconded the motion. It was voted upon and unanimously approved. Chairman Gitelman requested that Street Superintendent Clayton Powell either attend the next meeting at which this will be given further consideration or submit a written memo explaining why he approves closing these particular alleys. Ernest Jacks reported for the Subdivision Committee on the proposed ABILITIES UNLIMITED Large Scale Development Plan for Abilities Unlimited Happy Hollow Road (Hwy. 16 East) on Happy Hollow Road. L. S Development Plan Mr. Jacks said that the City needed 10 ft. of right-of-way from Highway 16 off the West side of this property. Dayton Stratton was present•atd.said the right-of-way would be dedicated and that he had an appointment with someone with the Arkansas Highway Department to get a driveway permit. Mr. Stratton Chairman Gitelman informed/that te oard of Directors will not consider the Large Scale Development plan until the dedication has been made. Mr. Jacks moved that the Planning Commission approve the Large Scale development plan with the requirement that they dedicate the required 10 ft. of right-of-way. Mrs. Edmiston seconded the motion. It was voted upon and unanimously approved. PLANNING COMMISSION MEETING -6- August 13, 1974 Ernest Jacks reported for the Subdivision Committee on the proposed Large Scale Development plan submitted for Northwest National Bank to build at Millsap Road and Frontage Road Mr. Jacks said that there was no difficulty NORTHWEST NATIONAL BANK there. A right-of-way deed has already been submitted but has not Millsap f, Frontage Rds. been checked yet. The only question that came up was regarding L. S. Development Plan drainage on the property. Architect Gary Jackson was present to represent the Large Scale Development plan, and told the Commission that he had spoken with Mr. Powell at the Plat Review Committee meeting about drainage onto Frontage Road. At that time Mr. Powell stated that probably due to the City's oversite the nearest storm drainage is at the end of Frontage Road to the North. He said he felt after discussing this with our clients, and looking at the way our site is situated, thatthe natural drainage is to this point anyway. He added that it would be a burden to his clients to drill under Frontage Road, and take the water onto the highway right-of-way. He said as it is now, Frontage Road is perfectly capable of carrying the water to Mud Crtek, and after giving this some consideration and thought, he felt like the drainage as it is shown on the site plan is the best solution. He said they already have the sewer and water under the road, and as a result, they do not have to burrow under the road to provide for utilities. Chairman Gitelman said that Mr. Powell's comments were: The drainage plan as shown would necessitate carrying surface water for a great distance down Frontage Road; there would be problems with ice in the winter. Mr. Powell had suggested that Mr. Jackson attempt to take the drainage under Frontage Road and to a drainage ditch west of Frontage Road. Mr. Jacks moved that the Planning Commission approve the Large Scale Development plan contingent upon the developers satisfying the City Street Superintendent on drainage. Helen Edmiston seconded the motion. It was voted upon and unanimously approved. John Power moved that the Planning Commission not meet on the 4th Tuesday of August unless there is some pressing business which cannot be deferred until September 10. Al Hughes seconded the motion. It was voted upon and unanimously approved. The meeting was adjourned at 5:50 p.m. RESOLUTION PC 21-71 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, August 13, 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 R74-11, Holly-Odgen Enterprises, Inc. NOW THEREFORE, BE IT 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 A-1, Agricultural District to R-2, Medium Density Residential District said real estate. LEGAL DESCRIPTION: A part of the NE*, SW4 and part of the NWt of the SW -i, of Section 35 in T -17-N, R -30-W, more particularly described as follows: Beginning at the NE corner of the West half of the NE44 of the SW4 of Section 35, which point is in the center of the Old County Road, and running thence Southerly with the Center of the Old County Road 654.89'; thence N 880 33' 40" W 1028.04 feet; thence N 79°20' 20" West 291.19 feet; thence Northerly to a point which is 1320 feet West of the beginning point; thence East 1320 feet to the point of beginning, containing 20 acres, more or less. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District to R-2, Medium Density Residential District so that the petitioner may develop into lots the 20 acres. PASSED AND APPROVED this day of , 1974. APPROVED: Morton Gitelman, Chairman r • RESOLUTION PC 27.1-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, August 13, 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 an amendment to the Planning Area Map to say that the Planning Area of the City of Fayetteville shall be co -extensive with the limits of the Growth Area for rural water service except so far as it encroaches in the planning area jurisdiction of any other incorporated City and to further amend it so that in no event shall it exclude part of the City Limits of Fayetteville, and to recommend to theBoard of Directors that the Planning Area for the City of Fayetteville be amended accordingly. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSIONIO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the proposed Planning Area Map, attached hereto and made a part hereof, be adopted to amend theiformer Planning Area Map (passed and approved on June 29, 1970). /fes PASSED AND APPROVED this /.5 titj day of (�f//,`ljf , 1974. APPROVED: MORTON GITELMAN, Chairman