HomeMy WebLinkAbout1976-02-24 MinutesMINUTES OF A PLANNING .COMMI$SI:ON.MEETING
A meeting of the Fayetteville Planning Commission was:held at:4:05.P._.M. .Tuesday,
February 24,.19.76, in.the Board of Directors Room, City.Administration Building,
Fayetteville, Arkahsas,
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman John Power, John Maguire, Donald Nickell, Ernest Jacks,
Rita Davis, Jack Ray, Peg Anderson, Bill Kisor.
Keith Newhouse.
City Attorney Jim McCord, Inspection Superintendent Harold Lieberenz,
Larry Wood, Kenneth Mourton, Greg Dowers, Frank Blew, Ken Marvin,
Ellis Bogan, Marshall Carlisle, Neal Albright, Ervan Wimberley,
Ron Sherwood, -B. W. Graue, Rev. Ed Salmon, Ronald Bumpass,
Homer McBroom, Washington County Sheriff Herbert Marshall, E. E. Mhoon,
Frank Sharp, Norman Harris, Dan Hudspeth.
Chairman John Power called the meeting to order.
MINUTES
Peg Anderson felt there was an error on Page 2 of the
February 10, 1976, minutes and also in the January 27,minutes which contained the
statement that Jim Lindsey ("Task Force" Study Committee) pointed out that the
Board of Directors had indicated that they wanted "at least someone" from the
Planning Commission on the Subdivision Committee. She also felt that this was
• improper English.
After some discussion, John Maguire moved to approve .the minutes of the February 10, 1976
Planning Commission meeting as mailed.
The motion was seconded by Bill Kisor and approved unanimously.
The next item was a conditional use request PATRICK J. TOBIN
p to permit "Housing for watchman F, caretaker" at 50 East Township Road
50 East Township Road, Zoned C-2, Thoroughfare Commercial Conditional Use Request
District, submitted by Patrick J. Tobin. (Use Unit 21 lists "Housing for caretakers"
and is a conditional use permitted on appeal to the Planning Commission in the
C-2, Thoroughfare Commercial District.)
This item was tabled January 27 with a request for copies of minutes on a previous
request submitted by Mr. Tobin for interpretation on whether housing for caretakers,
where permitted, would allow the use of a mobile home. This was tabled again
February 10 at Mr. Tobin's request since his legal counsel was unavailable for
that meeting.
Attorney Kenneth Mourton, 201 N. East, was present to represent Mr. Tobin.
He submitted copies of a statement concerning the conditional use request.
He pointed out in the statement that Mr. Tobin had not moved the building in question
onto the property to be used for a caretaker's residence. He said Mr. Tobin had
gone before the Planning Commission sometime ago requesting to move a mobile home
onto the property to be used for a caretaker's residence. The Planning Commission
did approve a draft of an ordinance to allow -mobile homes as caretaker's quarters
in situations of this type, However, the ordinance was not approved by the
Board of Directors.
• Mr, Mourton said Mr, Tobin had suffered monetary harm from vandals and thieves during
the past year amounting to over $500 and it had become necessary to provide
protection from this.,
He pointed out that this pre -fab building, which is 12' by 40' and contains
480 square feet, is located at the back part of approximately three acres north of
Township Road and was not that noticeable from the road.
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Planning Commission -2-
February 24, 1976
He said Mr. Tobin had agreed to do whatever was- necessary.to bring this building
up to meet the Building Code.
City Attorney Jim McCord told the Planning Commission.that they could go ahead
and grant the conditional use regardless: of whether or.not .the building presently
met the Building Code,requirements, He did point out that they could attach
certain contingencies if they approved the conditional use,
Inspection Superintendent Harold Lieberenz said that this pre -fab building
could be brought up to meet Building Code requirements. He said he had previously
been instructed that he could not hold up issuance of a building permit for a new
structure or a new addition because of other pending problems.
In answer to a question asked by Commissioner Anderson, Mr. Lieberenz said his
inspectors had reported to him that this building was already occupied.
He said he had issued a summons on this when he heard about it but was waiting for
the Planning Commission's decision before taking any further action.
Ernest Jacks felt it was not up to the Planning Commission to place the contingency
that this building meet the Building Code if they did approve the conditional use
request. He felt it was up to the Inspection Office to see that it met those
requirements.
Donald Nickell agreed with this. He felt this was just a matter of the
Planning Commission deciding whether or not Mr. Tobin deserved a caretaker's
quarters.
Since this building was already occupied and there had been thefts in the past,
Peg Anderson questioned the feasibility of a caretaker situation.
Attorney Mourton pointed out that the vandalism may have taken place before the
building was occupied.
After further discussion, Ernest Jacks moved to approve the condition' use request.
He did state, however, that someone should pass the word along to Mr. Tobin that
"someone working for the City has a little more responsibility than anyone else
to conform with the City regulations."
He said he knew, from talking with other people, that the word had gone around
that Mr. Tobin was getting a lot of special favors.
John Maguire seconded the motion and expressed his agreement with Mr. Jacks'
additional statement.
Peg Anderson asked if the statement was to be considered a part of the motion and
was told by Chairman John Power that it was not.
The motion to approve failed by a vote of 4-4; Jacks, Ray, Kisor, Maguire voted
"Aye"; Davis, Power, Anderson, and Nickell voted "Nay".
Therefore, the request was denied.
The next item was the Preliminary Plat of WOODED HOLLOW ESTATES
Wooded Hollow Estates, a proposed subdivision to be Preliminary Plat
located outside the City (but inside the Planning Area) Highway 112
near Highway 112, submitted by Gregory & Karen Dowers.
Ernest Jacks gave the Subdivision Committee Report stating that the only problem
was whether the Planning Commission wished to waive the jog between Wooded Hollow Drive
and University Street, The plat shows a 100 foot jog while the ordinance permits
a minimum jog,of 150.feet on minor streets.
Mr, Jacks said the Street Superintendent had mentioned extending the future street
to the West for another access to the subdivision,
While Mr. Jacks felt that the Planning Commission could not require that this be ..
done at this time; he did feel that this street would have to be extended when
that property was developed.
Ernest Jacks- moved to approve the Preliminary Plat of Wooded Hollow Estates and
to waive the 150 foot.minimum jog to.allow a jog of 100 feet..
Donald Nickell seconded the motion.
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Planning Commission -3-
February 24, 1976
Mr, Dowers_ told the Planning Commission that they had to jog between.Wooded Hollow
Drive and University:because.of the subdivision with,existing.houses located to the
South,, This: was the'.only access' he could.get.through,that direction,
In answer to Peg Andersonts question, Mr, Dowers said.the subdivision would be
on rural water but would be using septic tanks since there was no sewer available.
Frank Blew said the septic tank design would have to'be submitted individually
for each lot to the State Board of Health for their approval.
The motion which was on the floor was- approved unanimously 8-0.
Next was a duplex conditional use request
in the R-1 Zoning District for property located at
628 Mission Boulevard (corner of Mission,
Assembly and Fallin), submitted by Ken Marvin.
Mr. Marvin told the Planning Commission that he wanted
(which has 440 square feet) into an efficiency apartme
off of Fallin.
Ernest Jacks moved to
location.
The motion wasTsaconded by Peg Anderson.
There was no one present in opposition:
The motion was approved by a vote of 7-1 with Rita
KEN MARVIN
.628 Mission Boulevard
Duplex Conditional Use Request
to make the garage
nt. He said access would be
approve the conditional use request for a duplex at
Davis voting "Nay".
Next was the large scale development plan and
conditional use request for a new club house for the
Paradise Valley Golf Course at 3728 Old Missouri Road,
submitted by Ellis Bogan.
Ernest Jacks gave the Subdivision Committee Report.
He said the only problem was concerning dedication of right-of-way for Joyce Street
and Old Missouri Road to meet the Major Street Plan requirements.
Mr. Jacks said Mr. Bogan would lose two golf greens if the additional right-of-way
were dedicated.
He told the Planning Commission that Street Superintendent Clayton Powell had
mentioned the possibility of Mr. Bogan entering into a contract with the City
whereas the dedication of right-of-way could all be from the North side of
Joyce Street and to the West of Old Missouri Road if Mr. Bogan would pay
condemnation costs.
Attorney Marshall Carlisle, representing property onwer Ellis Bogan, said there
might be a problem in condemning property since it would either get into a house
(or would come right up to a house) belonging to a Mr. Wilson on Old Missouri Road.
City Attorney Jim McCord indicated thatthis could be done but that it might not
hold up in a court of law if ever contested.
He said the State of Arkansas had upheld disapproval of subdivisions because of
right-of-way not being dedicated. He said there was not a case of this in Arkansas
concerning development plans, but he wanted the Planning Commission to be aware
that it could happen, He said this would not be a good case to litigate.
He told the Planning Commission that in "hardship cases they could ask for a lesser
dedication.
However, Joyce being shown a principle arterial on the Major Street Plan, the
Planning Commission felt they could not consider this idea.
John Maguire commented that he could not see Joyce Street ever being more than
4 lanes.
Planning Consultant Larry Wood said he looked for Joyce Street to be a principle
arterial in that location and for it to be a very important tie for a loop around the
City.
Some of the Commissioners expressed a.feeling that they would like to reach a
compromise so that Mr. Bogan would not have to lose two of his golf greens.
this
PARADISE VALLEY GOLF COURSE
3728 Old Missouri Road
Large Scale Development 4
Conditional Use Request
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Planning Commission
February 24, 1976
Mr, Bogan said his golf course had upgraded property values in that area and he felt
the property owners
onithe. North.5ide.,o£.Old Wire goad:and West of .Joyce Street
should be willing to provide right-of,way for the widening.of these streets.
After further discussion, Ernest Jacks moved to table the'request until the appropriate
people could discuss the right.of-way problem withthe property owners to the North
of Old Missouri Road and West of Joyce Street,
Donald Nickell seconded the motion,Chairman Power asked.the Planning Administrator
to place this item on the agenda for the March. 15 Planning Commission meeting
Marshall Carlisle said there was a time problem and Mr, Bogan would appreciate.
this item being placed on the next agenda.
Mr. Carlisle agreed to set up.a meeting concerning this with John Power and Ernest Jacks
The motion to table was approved unanimously,
The next item was the Preliminary Plat of Sweetbriar #2 SWEETBRIAR #2
a proposed subdivision to be located South of Elaine Street Preliminary Plat
(Sweetbriar Subdivision),— submitted by Jerry Sweetser. Old Missouri Road
Ernest Jacks gave the Subdivision Committee report stating
that the street light spacing was greater than the ordinance required(in Block 11
which measures 370 feet from the one at the intersection of Sharon Street and Pine Avenue
and to the one in the cul-de-sac) and sidewalks needed to be shown all the way
around the cul-de-sac and extended around thecorner at Pine Avenue and Sharon Street.
Engineer Neal Albright said the sidewalks would be put all the way around the
cul-de-sac and around the corner of these two streets.
There being no further discussion, Ernest Jacks moved to approve the
preliminary plat of Sweetbriar #2 contingent on the sidewalk being continuous around
the cul-de-sac at the corner of Sharon Street and Pine Avenue and to waive the
street light spacing at the location mentioned from 300 feet to 400 feet.
The motion was seconded by Bill Kisor and approved unanimously.
YOUTH BRIDGE, INC.
The next item was a conditional use request submitted by Conditional Use Request
Youth Bridge, Inc. to build a cottage -type youth -attention home
for needy children.
The proposed site is located Northeast of Shenandoah Mobile Home Park, West of
Happy Hollow Road, (Highway 16), and South of Huntsville Road, and is zoned R-1,
Low Density Residential District. If the conditional use is approved, a large
scale development plan would have to be processed.
At the request of Chairman Power the following letter is hereby made a part of these
minutes:
"February 24, 1976
Planning Commission
City of Fayetteville
Fayetteville, Arkansas 72701
Gentlemen:
The Youth. Bridge Program is a. very practical program,
and based on community/area.need.. The southeast part
of Fayetteville, such,as the mentioned McBroom property,
is ideally suited for thistype of project;
Personally, T. think. the installation will lower the
value of my adjoining property, but it seems a small
sacrifice for the best needs of the community as a whole:'
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Planning Commission -5-
February 24, 1976
"I wholehearted endorse the .Youth_Bridge installation
at the proposed location,
Sincerely,
S/ Gene L, Thrasher"
Rev. Ed Salmon, 1623.W. Maple, was present to represent.
He explained that Youth Bridge presently operated Lighton House, located
on Hill Street, (a home for girls)in Fayetteville and that they had 365 acres
in Winslow, Arkansas (Boy Land), which is::a home for needy boys. He said
that 70 percent of these children they served at Lighton House were
from Washington County and that 10 of the 14 boys at Boy Land were from
Northwest Arkansas.
He told the Planning Commission that with Winslow being a smaller school,
they were having problems with these boys being isolated from the rest of
the children and some of them had run away from the facility there to come
to Fayetteville.
He said they would like to re -locate this facility in Fayetteville where most
of the children were from.
He said they had problems with people objecting to this type of facility anywhere
they tried to locate. He said it was a matter of. people wanting to help these
children as long as the facility was not located by them.
He told the Planning Commission that they were asking for the conditional use
to see if they could be allowed this type of usage if they bought the property.
He stated that their long-range plan would be to locate their administration
building and 4 cottages, including the program at Lighton House on Hill Street,
the old Indian Trail Facility (had had to be closed down because of the hospital
taking the property back for parking), and to re -locate the facility which is
presently at Winslow.
Attorney Ronald Bumpass, 1711 Center Street was present representing opposition.
He had a petition signed by surrounding area residents and owners.who objected
to a re -location of this facility in the Fayetteville City Limits (the proposed
location in particular) since they felt this would create an adverse environment
for the surrounding property, and that property values would go down.
It was also. felt that this would add to the already existing crime problems
in the Shenandoah Village Mobile Home Park and Southmont Apartment area.
It was also brought out that this would not be a good location because of the
traffic situation at Highway 16 and the Highway 16 Bypass.
Homer McBroom, adjoining property owner to the North and also to the East, spoke
in favor of re -locating Boy Land of Arkansas on the proposed site.
Also speaking in favor was Frank Sharp, Smoke House Road, who said he was
familiar with the Youth Bridge program He said he had(for the past 9 months)
lived next door to two graduates who had attended Boy Land and there had been
no problems,
Washington County Sheriff Herb Marshall said a lot of people had the idea that
these children were like "hardened criminals," He said these were children
from right here in the Fayetteville -Springdale area.. who were from broken homes
or their fathers were alcoholics, He felt the facility should be re -located
in Fayetteville where they could attend church. on Sundays,. The children would
also be closer for family visits and juvenile workers to come and go.
Others present to speak in opposition were Et E, Mhoon, Highway 16 East, and
Mr. Norman Harris- of 527 Sherman,
Planning Commission -6-
February•24, 1976
After some discussion, it was moved by Peg Anderson to approve the conditional use
request for the re-locationof Boy Land,
Ernest Jacks seconded'.the motion and roll call revealed a vote of 8 "Ayes" in favor
of the motion.
REQUEST FOR REVIEW
Next was a request for a review of certain parking OF
requirements as contained in the Zoning Ordinance, submitted PARKING REQUIREMENTS
by Calvin L. Edens. Calvin L. Edens
Also contained in this agenda is a memo and other information from the Inspection
Superintendent and Planning Administrator which poses other questions on which they
would like a review.
At the request of Chairman Power, a committee consisting of Jack Ray, John Maguire,
Ernest Jacks and Larry Wood was appointed to study this and make a report back to
the Planning Commission at the March 15th meeting,
Next was a revised preliminary plat of COLLEGE MARKET ADDITION
College Market Addition, a subdivision being developed Preliminary Plat
by Johnie Bassett on the North side of Rollings Hills Dr. .'Rolling Hills Drive
between Malco Theatre and Trinity Temple. This commercial subdivision was approved
as a preliminary plat March 11, 1975, and included as part of the approved proposal:
(1) No driveway access directly to Rolling Hills Drive, (2) A proposed street
intersecting Rolling Hills Drive, going Northward to the property line of K -Mart,
then turning Eastward and ending in a cul-de-sac behind Trinity Temple; (3) A request
for a 25 foot setback of building from Rolling Hills Drive (later denied by the
Board of Adjustment); and (4) A planter across the front along Rolling Hills Drive to
barricade the commercial subdivision from the residential property across the street.
Ernest Jacks gave the Subdivision Committee Report.
He said the problem in this area has been getting a street through from
Rolling Hills Drive over to Harold Street without going down Sheryl (a residential
street). He said the old version of this plat had a street which went into the
subdivision, turned East, and went around behind K -Mart. The developer is now, asking
that this be abandoned and just have a cul-de-sac in there.
Ervan Wimberley (McClelland Engineers) said this was basically correct. That they
now proposed to put a drive into the cul-de-sac that would connect to the K -Mart
parking lot.
Mr. Wimberley said K -Mart indicated that they wanted the connection but they had not
made any definite committment.
He said that a street could not dead-end against private property and, therefore,
there would have to be a cul-de-sac. He said if they chose to, K -Mart could put
in a 10 foot strip of asphalt and connect with this cul-de-sac He pointed out the
50 foot easement at the back which could be used as access in the future if the
City required it. He said the Board of Adjustment denied the 25 foot variance on
setback from Rolling Hills Drive and they were showing on this plat a setback of
50 feet.
He said there was also a compromise thelast time that if they setback 25 feet,
they would put up a screen.. Since they are now setting back the required 50 feet,
they are not showing a screen.,
After some discussion about stubbing a street to the property line in lieu of the
cul-de-sac, Planning Consultant Larry' Wood recommended that they drop the cul-de-sac
and put a stub into the property and waive that requirement Lon the cul-de-sac).
He said this. would all be parking lot anyway and vehicles could turn around at any
point.. He said that with_the cul-de-sac,there would be a legal requirement about
getting across the private property because, theoretically, the cul,de-sac
(being rounded) only touches at the one fine point.,
Ernest Jacks then moved to approve the revised preliminary plat with the further
revision that the street be built through. to the North property line and to waive the
requirement for the cul-de-sac. The motion was seconded by Donald Nickell and approved
unanimously, Note: Mr. Nickell left the meeting at this point.
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Planning Commission
February 24, 1976
RON SHERWOOD
The next item was a.request for waiver of Subdivision. Waiver Request
subdivision requirements for property outside : Oakland r'Zion Road
the City but inside the Planning Area for property located on Oakland and Zion Road,
submitted by Ron Sherwood. The Planning Office may process -a maximum of three such
waivers- on the original tract of property a s:it existed June 29, 1970. This request
is before the Planning Commission due to the fact that it exceeds that number and most
of the splits have already been made,'
Mr. Sherwood was present and apoldgized for not checking on the regulations before
splitting up the property. He said he always believed that if someone was splitting
over 5 acres, they did not have to go through the lot split process. He felt that
a lot of people misunderstood this requirement of the ordinance and he felt it was a
problem that the Planning Administrator would be facing again and again in the
future with the growth areas.He said it was his understanding that the Court House
was supposed to keep check on these splits and not to record them if it were
more than three splits without checking with the Planning Office. However, it
was revealed that they were not doing this.
Dan Hudspeth was present and stated that he owned the "pie -shaped" piece of
property shown on the drawing. He said that. Mr. Sherwood sold that particular
piece of property to him because otherwise he did not have access to the county road
and stated he did not intend to do anything with it other than to square up his
property and keep anyone from building in front of him.
Ernest Jacks pointed out that they passed this requirement to keep developers from
circumventing the subdivision ordinance.
Since the private road shown on the drawing is gravel, Mr. Jacks asked Mr. Sherwood
if he would expect the City to pay for paving it if this ever came inside the City.
He told Mr. Jacks that he would prefer to take care of that.
He indicated that this road crossed the creek at the best point.
He also told the Planning Commission that he was not aware that the property had
been split once before he bought it.
There was some discussion about private roads.
Some of the Commissioners felt property owners should be allowed to have unpaved
private roads as long as they understood that they would not be provided with fire
or police protection.
Bobbie Jones pointed out that Mr. Sherwood and Mr. Smith both owned a 30 foot
strip that extended out to the County road and had a mutual access agreement.
It was the general concensus of the Planning Commission that there are some problems
that should be worked out on the private road situation as well as the lot split
process.
Larry Wood said the problem was with the County and that these items should be
brought up at the next meeting ofr.:the County. Planning Board.
Chairman Power requested that this be placed on the agenda for the March 29th
meeting for further study.
John Maguire moved to grant the waiver of subdivision requirements for
property at Oakland and Zion Road as submitted by Mr. Sherwood.
Bill Kisor seconded the motion which was, approved unanimously.
Next was the propcsed changes in the requirements for .PLANNED UNIT.DEVELOPMENT
a Planned Unit Development as recommended by the "Task. Proposed Changes
Force" Committee. These changes cannot be made without
a public hearing being held,
The Planning Commission asked the Planning Administrator to advertise this item
for a public hearing to be held March_29th.,
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Planning Commission
February 24, 1976
Discussion of Rezoning. Petition R75-26::(Mathias). "OTHER BUSINESS
The Planning Comm.ssion.decided they should send a. resolution to.the Board,of Directors
for some guidance since the Mathias Rezoning (R75-26) on Archibald Yell, which had
been denied by the Planning Commission, had leen approved by the Board of Directors.
The Commissioners indicated that they would like to have some guidance on this area
since this does not -follow -the General Land Use Plan and does the Board of Directors
wish to abandon Archibald Yell to strip zoning,
-8-
B. W. Graue - - Edgehill Drive
On October 28, 1975, the Planning Commission approved a lot split on Edgehill Drive
which was submitted by B. W .'Graue. One of the' three contingencies placed on this
approval was the widening of the roadbed of Edgehill Drive.
Mr. Graue now states that in order to do this, he will have to cut down approximately
10 or 12 20 -foot pine trees. He states that the neighbors have been calling him to
complain about cutting the trees down.
Mr. Graue is before the Planning.Commission at this time to find out if this is a
"requirement" and said that if it was he would go ahead and cut down the trees.
Bobbie Jones said that she had talked with. the Street Superintendent who had requested
that Mr. Graue extend and improve half of Edgehill Drive from the centerline of
the 40 foot right-of-way to street standards. She=said::Mr,.:Powel3,stated-that if
Mr. Graue did not;plan to--improverthe street to City street standards, he would
rather Edgehill Drive be left as it is presently. Discussion revealed that the
street serves a small -number of homes and cannot be extended.
Ernest Jacks moved to omit the requirement to widen Edgehill Drive.
The motion, seconded by Jack Ray, was approved unanimously.
Additional Appointment
- Subdivision Committee
Chairman Power said since the Board of Directors had approved the amendment
to the Large Scale Development ordinance, this would allow them to appoint another
member of the Planning Commission to the Subdivision Committee.
Commissioner Jack Ray was appointed by Chairman Power for that position.
Also, The Planning Commission asked that Planning Consultant Larry Wood be present at
all Subdivision Committee meetings in view of the responsibility that would now be
upon that committee.
There was no further discussion or business.
The meeting was adjourned at 6:15 P. M.
RESOLUTION PC 13-76
BE IT RESOLVED, by the Planning Commission of the City of Fayetteville,
Arkansas, that a public hearing be called for the purpose of amending
Article 8, Section 12 of the Zoning Ordinance 1747 (Appendix A - Zoning,
Fayetteville Code of Ordinances) to amend the requirements for Planned
Developments (PUD) in the City of Fayetteville, Arkansas.
BE IT FURTHER RESOLVED, that the Planning Administrator is hereby
authorized to give notice of said public hearing by having a notice
published in a newspaper of general circulation at least 15 days prior
to the date of said public hearing.
BE IT FURTHER RESOLVED, that the date for said public hearing is
hereby set for March 29, 1976, Monday.
PASSED AND APPROVED this
day of , 1976.
APPROVED:
John Power, Vice -Chairman