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HomeMy WebLinkAbout1976-07-12 Minutesr • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Monday, July 12, 1976, in the Board of Building, Fayetteville, Arkansas. Commission was held at 5:00 P. M., Directors Room, City Administration MEMBERS PRESENT: Chairman Power, Bill Kisor, Peg Anderson, Rita Davis, Jack Ray, Ernest Jacks, Keith Newhouse, Donald Nickell. MEMBERS ABSENT: OTHERS PRESENT: John Maguire, Larry Wood, David McWethy, Bobbie Jones, Robin Northrop, Russell Purdy, Wade Bishop, Lynn Wade, Eldon Corley, J. D. Fisher, Gerald Jones, Harriet Jansma, Ervan Wimberly, William C. House. Chairman John Power called the meeting to order. The minutes of the June 28, 1976 meeting were approved as mailed. MINUTES Chairman Power announced that the conditional use request, submitted by Thelma $ Beverly Culwell, to construct a duplex at 2000 Lee Street (Item #5) had been withdrawn by a telephone call received by the Planning Office earlier in the afternoon. Chairman Power opened the public hearing on Rezoning P. R. GREEN TRUST Petition R76-23, P. R. Green Trust, Vera Drake South side of Hwy. 71 By -Pass and Doris Drake Wigglesworth, to rezone property located on the South side of Highway 71 By -Pass, and West of Johnson Road from A-1, Agricultural District, to C-2, Thoroughfare Commercial, or I-1, Heavy Commercial $ Light Industrial District. Attorney Lynn Wade was present to represent. Chairman Power said that Larry Wood's Planning Report had not recommended approval of this request. Commissioner Jacks requested Mr. Wood to explain his reasoning. Larry Wood said that in 1973, when the Commission was doing By -Pass Plan, they looked at various intersections and what was proposed for future intersections. He felt that on future Arkansas Highway Department Plans the Johnson Road intersection is proposed to be over -passed, bridging Johnson Road and the Railroad. He questioned what access there will be and if they will have on-off ramps. On the By -Pass Plan, we had a problem tying service road to Johnson Road, so we dropped it South to Appleby Road Ernest Jacks asked if they showed service roads on the West side of Johnson Road, also. Larry Wood said they did. Ernest Jacks said that if there was a corner, that future access would be Johnson Road. Larry Wood stated that he feels the By -Pass frontage would be facing an elevated bridge structure and an embankment. Ernest- Jacks asked if Mr. Wood was or was not anticipating on-off ramps. Larry Wood said he was not anticipating on-off ramps. Mr. Kisor asked how far the property would extend towards the access road location. Larry Wood said the property for requested rezoning lies at least a couple hundred feet away from where the service road is proposed. Lynn Wade said that this is a 5.5 acre tract; th proposed use is Fisher Buick Automobile Agency. He agreed that there might be need for an access from Johnson Road. He said they wanted the commercial as a buffer between Planning Commission -2- July 12, 1976 the Highway, Railroad, and future residential area. He said the site presently has access to Hwy. 71 By -Pass, which was granted by the Arkansas Highway Depart- ment when the right-of-way was acquired. Ernest. Jacks asked if property does not touch the service road. Lynn Wade said no. Ernest Jacks said that they are not required to build service road if their property does not extend to the proposed service road. Peg Anderson said that it seems this is in direct conflict to what the people of Fayetteville want. Ernest Jacks asked if this property was owned by P. R. Green Trust. Mr. Wade said yes, it is. Mr. Nickell said that it seems to him that they stood very firm that they did not want traffic in this particular area; if we turn this portion loose, we will be going backwards Peg Anderson said that she cannot see approving this petition until Appleby Road is extended to the West or access is provided from some other direction than the By -Pass. Chairman Power said that they still get to see all the planning on this and it might be the same type situation as Holley -Ogden (Villa North). He said he was not in favor of I-1 classification. Rita Davis stated that there would not be any access. Larry Wood said the concept is that it will hot have any access; the Arkansas Highway Department is supposedly planning on 4 lanes. When the By -Pass is finished (4 lanes), there will be no direct access to the By -Pass. Mr. Newhouse asked if an access (into the property) over the Railroad tracks would be desirable. Mr. J. D. Fisher said that he could approve of it, but stated that "Buick" required him to have access from the By -Pass. Mr. Kisor moved to recommend to the Board of Directors that Rezoning Petition R76-23 be approved to rezone to C-2, and let the developers work out access with the Arkansas Highway Department. Mr. Ray seconded the motion. Mr. Jacks said that he sees this as a situation that is going to have high traffic access to By -Pass and he would hate to see that`. J. D. Fisher said that the By -Pass was supposedly built for the reduction of traffic. Mr. Jacks replied that it's purpose was to move traffic which would be hampered by numerous driveway openings onto the By -Pass. Peg Anderson said that they don't want commercial building all along Hwy. 71 By - Pass. The vote was Ray, Kisor, and Power voting "Aye" and Davis, Anderson, Jacks, Nickell, and Newhouse voting "Nay." The motion to approve was denied by a vote of 3-5-0. Chairman Power opened the public hearing on ELDON 0. CORLEY Rezoning Petition R76-24, Eldon 0. Corley, to East of Garland Avenue rezone property located East of Garland Avenue, North of Cato Springs Road, and South of Pettigrew Street from I-1, Heavy Commercial $ Light Industrial, to R-1, Low Density Residential District. Planning Consultant, Larry Wood; said that the only thing he would suggest would be to approve R-2, if the City Attorney gave an opinion that the petition could be approved for R-2. Mr. Corley said that there is already one house on the property and he has 90 ft. of frontage on the road; he wants to rezone all the way to his East line. He said that his neighbors said "No R-2!" He wants to build his mother a house that is decent to live in. r Planning Commission -3- July 12, 1976 Mr. Kisor moved that the Planning Commission recommend to the Board of Directors that Petition R76-24 be approved to rezone the property to R-1. Peg Anderson seconded the motion, which was approved unanimously by a vote of 8-0. Chairman Power opened discussion on the request for a LEO PEEL waiver of subdivision requirements submitted by Leo 1990 North College Avenue Peel for property located at 1990 North College Avenue. Mr. Peel purchased highway frontage from Dick Hudson, leaving a parcel whose only access is a private road not owned by Mr. Hudson. The request was tabled June 28, in order that Mr. Peel might appeal to the Board of Adjustment for a variance from the Zoning Ordinance requirement for street frontage for all lots. The Board of Adjustment hearing was held July 9, 1976. Bobbie Jones mentioned that the Board of Adjustment tabled this on July 9, 1976, to allow Mr. Peel to see if he could purchase the balance of the property or work out some other solution. Peg Anderson said that she thinks they should work it out. Ernest Jacks moved that they deny this request for a waiver of the subdivision requirements. Peg Anderson seconded the motion, which was approved unanimously by a vote of 8-0. Chairman Power opened discussion on the Revised BASSETT PLACE Preliminary Plat of Bassett Place, a commercial East of Hwy. 71 North subdivision, to be located East of Highway 71 North Revised Preliminary Plat (North College Avenue) and North of Stearns Street; Johnie Bassett, Developer. Original intersection point of frontage Road with Stearns Street was denied by the Federal Bureau of Public Roads. Revised preliminary plat was tabled June 14, 1976, at the request of the Developer's Engineer. Bobbie Jones said that they need a -note on the plat which restricts access to Lot 8, to frontage road. Mr. Jacks moved they approve the Revised Preliminary Plat of Bassett Place, contingent on a limitation of access to Lot 8. Mr. Newhouse seconded the motion, which was approved unanimously by a vote of 8-0. Chairman Power opened discussion on the Revised ROLLING MEADOWS Preliminary Plat of Rolling Meadows Subdivision, North of Rolling Hills Drive to be located North of Rolling Hills Drive, West of Revised Preliminary Plat Old Missouri Road, South of Harold Street, and East of Sheryl Avenue; Developer Associates, Developer; Zoned R-1, Low Density Residential District. A Preliminary Plat was approved on June 14, 1976, but it has been expanded to include additional property between the original submittal and Old Missouri Road and to extend Eton Street through to intersect with Old Missouri Road. Subdivision Committee will report. Mr. Ernest Jacks said that the Subdivision Committee had reviewed the plat. (1) They need a waiver on the length of 2 cul de sacs. (2) On Elizabeth, which is one block East of Sheryl, the Plat Review comments were to tear out approximately 60 feet and reconstruct to present standards. The Subdivision Committee did not feel that was a reasonable request and thinks that they will live with narrower stub. (3) Loxley ties from Harold and Rolling Hills and there was a request to tie completely through on West side also, which is Elizabeth. We recommend that Elizabeth not be constructed all the way through to tie to Harold. • Planning Commission July 12, 1976 (4) Relocate fire hydrant on Furman. Mr. William C House, 1533 Rolling Hills Drive, said if Loxley goes through and Elizabeth does not, it will add additional traffic congestion; it will create many problems for children and we would like to see either both streets go through or Elizabeth, as opposed to Loxley. Mr. William House said that it seems that they have a bad traffic problem and, the more accesses, the better. Peg Anderson said that they are hoping this will reduce the traffic problem for the children. An unidentified lady resident said that they also have a situation where much of the traffic does flow into Rolling Hills, rather than going out Harold, simply because you have better access to Hwy. 71 from Rolling Hills Drive. Ernest Jacks moved to approve the Revised Preliminary Plat of Rolling Meadows Subdivision, contingent on five (5) things: (1) Grant a waiver of cul de sac length. (2) Mr. Mickle satisfy the City Street Department, regarding drainage. (3) Move fire hydrant as requested by the City Engineer. (4) That heprovide a sidewalk tie across from Elizabeth to Sheryl for school children. (5) To not require Elizabeth Avenue to connect with Harold Street. Peg Anderson seconded the motion, which was approved unanimously by a vote of 8-0. REPORT OF COMMISSIONERS Chairman Power opened discussion on a report Keith Newhouse & Ernest Jacks of Commissioners, Keith Newhouse and Ernest Jacks on the decision of a meeting held between City officials and Developers: Jim Ogden, Mr. Holly, Wade Bishop, and Howell Trumbo as representative of Johnie Bassett concerning the collector street, to be located between Villa North and Bishop Addition. Mr. Newhouse said they have decided that they are going to try to get street improvement district to tie Hacienda into both Johnson Road and Hwy. 71; and they have to contact the other property owners. Mr. Bishop said that he would like to move on, on his subdivision. Mr. Newhouse said that one of the things that came up, was to make a median and try saving some of the trees. Mr. Newhouse said that he has been out and looked at those trees and they are only !'scrub"; there might be two (2) oak trees, and he did not think it feasible to try to save the trees. Wade Bishop said that if the street were to be built with a median, the City would need an additional 6 or 7 ft. of right-of-way off the South side of Lot 1, Block 4, and Lot 24, Block 3, of Bishop Addition, Unit 1. Mr. Bishop said he has already sold these 2 lots. In order to get F.H.A. loans on them, he has to certify that there are no outstanding assessments against them. A street improvement district would complicate this. Mr. Bishop said he was interested in having the street built all the way from Johnson Road to Highway 71; however, if it is only built to Villa North's West line, he would like to have at least a lane from the end of his westernmost street so that the people in his subdivision could use the street. Mr. Bishop said he would prefer to put up $6,000.00 to be used for the development of the street on the South side of his property, contingent on the J Planning Commission -5- July 12, 1976 the street being extended to Hwy. 71, rather than wait for or join in an improvement district. Chairman Power proposed that instead of specifying a dollar amount, the Commission go ahead and approve the plat, as long as he is agreeing to participate in the street improvement. David McWethy said that it is impossible to give him the slightest idea of what the cost would be. Chairman Power said that it could be based on what is "fair and reasonable." David McWethy said that in order to make the cost more specific, he would have to go to the Board of Assessors, of the Street Improvements District, which will have to be appointed by the Board of Directors. Chairman Power said ter:them-to indicate that Mr. Bishop has agreed to participate with what is considered "fair and reasonable" by the Board of Assessors; at this point, the Planning Commission is giving. him an o.k. with that revision. Wade Bishop brought up the fact that he needs a waiver of cul de sacs all the way around the property. Bobbie Jones mentioned that the Planning Commission is approving the Final Plat; not a Preliminary Plat. Mr. Ray brought up the fact that at the last meeting Mr. Bishop went out to make a telephone call and when he returned, he asked for it to be tabled. Peg Anderson moved that this be taken off table. Mr. Ray seconded the motion, which was approved unanimously by a vote of 8-0. Peg Anderson moved that the Planning Commission approve the Final Plat of Bishop Addition, Unit #2, with the understanding that: 1) A waiver is needed on the construction of cul de sac on South end; and, 2) waive construction of sidewalks on cul de sac as requested; and, 3) he install the additional street lights as needed on North and South end; and, 4) that he will participate in street improvement district on a "fair and reasonable" basis, as determined by the Board of Assessors. Mr. Newhouse seconded the motion, which was approved unanimously by a vote of 8-0. Chairman Power opened discussion of a proposal to amend the HOME OCCUPATIONS Zoning Ordinance to permit "home occupations" in the R-1 • Zoning District as a conditional use requiring, Planning Commission approval, and perhaps to better define "home occupation" and also amend the use conditions which apply to home occupations. (Home occupations are presently permitted as a "use by right" in the R-2, R-3, R-0, and C-3 Zones; and, although not restricted as such by ordianance, home occupations are interpreted by the Planning Commission to be service-oriented and not of commercial nature, offering a commodity for sale). Chairman Power said that in the past, the Commission has taken up many day-care centers and real estate offices as conditional uses in R-1, which he viewed as being similar home occupations. He felt the amendment should be written to consider that conditional use be permitted only by approval of the Planning Commission. He also thought it should limit. what is going on in the home to the family who lives there, limit hours, and make some satisfactory arrangement for parking, etc. Peg Anderson said we do have some special regulations on child care and nurseries, that is separate from home occupations. Chairman Power asked what the difference was between a home occupation and a day- care center. Peg Anderson said that it is listed separately. Mr. Jacks said that day-care centers are already listed as conditional uses in R-1. Peg Anderson said that she is in favor of making a change, to allow home occupations in residential areas; however, she thought that there should be • • Planning Commission -6- July 12, 1976 some limit on "Open to the Public" hours; she also felt that the Commission should be careful on retail sales. Chairman Power said the best example, that also gave the most dispute, was the beauty shop of Diamond Garton on Rogers:Drtie. Rita Davis said that one thing to consider was that this would be a "conditional use", and it is on condition that a lot of people don't object. Mr. Nickell said another example was music teaching. Mr. McWethy said that is why it should be a conditional use Mr. Jacks said that it is important to notify adjacent property owners. Bobbie Jones said that they will have to draw up an ordinance before advertising a public hearing, so that if someone comes in to see it, she will have it Mr. Jacks moved to schedule a public hearing on this; and have the City Attorney draw up a proposed ordinance, which would also require notification of adjacent property owners. Chairman Power asked David McWethy if he would help Jim McCord draw this up. David McWethy said that he would. Peg Anderson asked if they were including A-1 zone. Chairman Power said that he would prefer to leave it in R-1, but later agreed that A-1 was acceptable to him. Mr. Kisor seconded the motion, which was approved unanimously by a vote of 8-0. There was no further business to be discussed at the meeting. The meeting was adjourned at 6:30 P. M. OTHER BUSINESS • • • RESOLUTION PC 46-76 WHEREAS, a public hearing was held by the City Planning Commission, Monday, July 12, 1976, 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 voted to make a recommendation to the Board of Directors on the petition of P. R. Green Trust, Vera Drake Wade and Doris Drake Wigglesworth, R76-23 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, from A-1, Agricultural District to C-2, Thoroyghfare Commercial or I-1, Heavy Commercial and Light Industrial District, be denied. LEGAL DESCRIPTION: Part of the SWk of the SEy of Section 27, and part of the NWy of the NEy of Section 34, all in T -17-N, R -30-W, and being more particularly described as follows, to -wit: Beginning at the intersecting point of the South right of way of U. S. Highway 71 By-pass and the West right of way of the St. Louis and San Francisco Railroad, said point being in said SWw of the SEt and running thence S 66° 221 W along said 71 By-pass right of way 400 feet, thence South 600 feet, thence N 66° 221 E 400 feet to the West right of way of said Railroad right of way, thence North along said right of way 600 feet to the point of beginning, containing 5.5 acres more or less. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman • • L RESOLUTION PC 47-76 WHEREAS, a public hearing was held by the Planning Commission, Monday, July 12, 1976, 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 R76-24, Eldon 0. Corley. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVITJ.F, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from I-1, Heavy Commercial and Light Industrial District to R-1, Low Density Residential District, said real estate. LEGAL DESCRIPTION: Part of the SW4 of the SW4 of Section 21, T -16-N, R -30-W, and being more particularly described as follows, to -wit: Beginning at a point which is 235 feet North of the SW corner of said 40 acre tract, and running, thence North 90 feet; thence East 440 feet, more or less, to a point which is 550 feet East and North 180 261 W 347.8 feet from the SW corner of said 40 acre tract, thence S 18° 261 E 59.8 feet, thence S 12° 30' W 35 feet, more or less, to the NE corner of a tract of land sold to Ardean Fallwell, et ux in Book 887 at page 97 of the records of Washington County, Arkansas, thence West 450 feet, more or less, to the point of beginning. SECTION 2. That the above described property be rezoned from I-1, Heavy Commercial and Light Industrial District to R-1, Low Density Residential District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman • • • WHEREAS, at Commission voted subdivision plat RESOLUTION PC 48-76 its regular meeting on Monday, July 12, 1976, the Planning to make a recommendation to the Board of Directors on the final dated , 19 , known as Bishop Addition, Unit 2, submitted by Wade Bishop and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Wade Bishop enter into and furnish the City with thenecessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. The construction of a cul de sac on the South End is waived. SECTION 3. The construction of sidewalks on culs de sac be waived as requested. SECTION 4. and South ends. He install the additional street lights as needed on North SECTION 5. That he will participate in a street improvement district on a "fair and reasonable" basis, as determined by the Board of Assessors. SECTION 6. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the Bishop Addition, Unit 2, described as follows: LEGAL DESCRIPTION: Part of the W1/2 of the NW4 of Section 35, T -17-N, R -30-W, Washington County, Arkansas, more particularly described as follows: From the Southeast corner of said W', NW;, Section 35, run N 89° 38' W 327.21 feet to the point of beginning; thence North 1374.79 feet; thence N 89° 38' W 608.01 feet; thence South 1374.78 feet; thence S 89° 38' E 608 feet to the point of beginning, containing 19.2 acres, more or less. PASSED AND APPROVED this ATTEST: ita Davis, Secretary day of , 1976. APPROVED: John Power, Chairman • • • RESOLUTION PC 49-76 BE IT RESOLVED, .by the Planning Commission of the City of Fayetteville, Arkansas, that a public hearing be called for the purpose of amending Appendix A of the Fayetteville Code of Ordinances (Zoning Ordinance No. 1747) to amend the definition of home occupation; to permit home occupation in the R-1 Zoning Districts on Appeal to the Planning Commission and in the A-1 Zoning Districts as a use by right; to amend the use conditions applicable to home occupations;. and to provide for notification to neighboring property owners of applications for approval of home occupations. 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. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman •