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HomeMy WebLinkAbout1976-07-26 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, July 26, 1976, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman John. Power, Bill Kisor, Rita Davis, Jack Ray, Ernest Jacks, Keith Newhouse, Donald Nickell. John Maguire, Peg Anderson. David McWethy, Freeman Wood, Robin Northrop, Russell Purdy, H. H. Hudgens, Paul Spencer, Don Hunnicutt, Claud Prewitt, Paul Lewis, Ervan Wimberly, Neal Albright, Attorney Ronald Bumpass, Millard Barnes, Jack Diggs, John Todd. Mr. Ernest Jacks pointed out that on the minutes of the MINUTES July 12, 1976 Planning Commission meeting, on the 1st and 2nd pages, "Chairman Jacks" should be corrected to read "Mr. Jacks." Following this correction, the minutes of the July 12, 1976 Planning Commission meeting were approved as mailed. Chairman Power opened discussion on the policy question raised by the City Street Superintendent, Clayton Powell, as to how and PROFESSIONAL THERAPY SERVICES, INC.. •2855 Joyce Street Street Improvement District at what point Joyce Street will be brought up to current City Street Standards. A large scale development plan has been submitted by Professional Therapy Services, Inc., for property having frontage only on Joyce Street, a gravel street. Professional Therapy Services' large scale development plan was reviewed by the Subdivision Committee at 4:00 P. M., July 26, 1976. Mr. Don Hunnicutt was present to represent. *City Attorney, Jim McCord, phoned the Planning Office on July 26, 1976, and asked that Chairman John Power table this. An Ordinance dealing with this will be presented at a later date. Chairman Power said that a request that this be tabled, has been received. Mr. Don Hunnicutt said that he understood that this would take a little time, but that they could probably go ahead with building, and getting a building permit. Chairman Power said that Jim McCord met with Don Grimes, July 26, 1976, and that it was their opinion that we need to table this. So, we are not really satisfied with the direction that this is going. My suggestion is to get with Don Grimes and Jim McCord. This is something that we cannot handle at this time. Mr. Jacks said that this was reviewed at the Subdivision Committee meeting, and that the only concern is easements. Chairman Power said that they can bring this to the first meeting in August. Mr. Jacks said that the Subdivision Committee could handle this large scale development by itself. This item was tabled until the August 9, 1976 meeting. • Planning Commission -2- July 26, 1976 Chairman Power opened discussion on a sketch H. H. HUDGENS submitted by H. H. Hudgens, preliminary Smokehouse Trail and Hoot Owl Lane to tandem lot request for property located on Smokehouse Trail and Hoot Owl Lane (off Highway 62 West). Property would have to be rezoned to a residential zoning district before a tandem lot request could be approved. Mr. Hudgens seeks the Commission's comments and reactions before initiating rezoning of the property. Mr. Hudgens was present to represent. Ernest Jacks said that the essence of this is that Mr. Hudgens is proposing to make four (4) 64 and 65 ft. wide lots. The lots are too small to be in R-1. He would have to come before us to rezone from A-1 to R-2. Chairman Power said that this needs to be rezoned to R-2 before the Planning Commission can go ahead with the tandem lot split. Mr. Jacks asked Mr. Hudgens if he is asking for an opinion. Mr. Hudgens said "yes." Chairman Power said that he feels that this cannot be taken as a tandem lot today: Mr. Kisor wanted to know if it could .be takentas a tandem lot if it was rezoned to R-2. Mr. Newhouse said that there would be hesitation on his part Mr. Jacks agreed with Mr. Newhouse Mr. Newhouse added that the person to talk to is Clayton Powell. Mr. Hudgens said that he is not really going for a development. It would be more in terms of one building. It must be rezoned. Chairman Power said that the Planning Commission cannot guarantee that they would grant him a tandem lot split if he did rezone the property to R-2. Mr. Jacks 'said that his opinion is negative on the tandem lot. Mr. Hudgens said that this is all one lot. Chairman Power said that regardless of whether he is approaching it as 3 separate lots or the way he gave it to the Subdivision Committee, the property is A-1, and it needs to be rezoned to either R-1 or R-2. We cannot give you a commitment that if we do rezone it to R-1 or R-2, that we are going to allow a tandem lot split. You will have to take things one step at a time. You will have to decide how you want to go, as far as zoning is concerned. If you are talking of single-family in R-1, you will not have to come to the Planning Commission. Chairman Power opened discussion on a request submitted PAUL SPENCER by Paul Spencer, 2433 Old Wire Road North, for either/ 2433 Old Wire Road North or: Interpretation as to whether the Planning Adminis- trator may require a dedication of street right-of-way or easement for street purposes, sufficient to bring the existing street right-of-way up to Major Street Plan requirement, OR, waiver of subdivision requirements from Planning Commission without the necessity of dedicating street right-of-way or easement for street purposes. Mr. Paul Spencer was present to represent. Chairman Power said that he checked with City Attorney, Jim McCord. The answer to the first part of this statement is, simply, that the dedication of street right-of-way regarding a situation like this, has not been tested in the Courts; it has been tested as far as subdivisions are concerned. The second part of • Planning Commission -3- July 26, 1976 that statement -- a waiver of subdivision requirements -- the Planning Commission does have the right to recommend to the Board that the subdivision requirements be waived for this particular piece of property and this property only. Chairman Power said that the first step would be to get an agreement from the Commissioners that we would recommend it to the City Board that we waive the subdivision requirements for property located at 2433 Old Wire Road North. I don't see any opportunity for us to work on this dedication of street right- of-way because as the City Attorney points out, this is really a question for the Courts and has not been answered by the Courts. I think the only thing to do is for the Commissioners to recommend to the City Board that the subdivision requirements for property located at 2433 Old Wire Road North, be waived. Mr. Newhouse moved that they recommend that the City Board waive the subdivision requirements on property at 2433 Old Wire Road North. Mr. Ray seconded the motion, which was approved unanimously by a vote of 7-0. Chairman Power opened discussion on the Revised SUMMER HILL SUBDIVISION Preliminary Plat of Summer Hill Subdivision, North of Stubblefield Road a Planned Unit Development, to be located North Revised Preliminary Plat of Stubblefield Road and East of the present terminal points of Masonic Drive and Alice Street. The street and lot layout has been changed considerably from the layout approved earlier by the Planning Commission. If the Commission is receptive to the revised layout, the Revised Preliminary Plat should be referred back to the Plat Review Committee for technical review. Mr. Ervan Wimberly and Mr. Claud Prewitt were present to represent. Mr. Jacks said that this is the best layout yet. The Subdivision Committee recommends that we give a favorable opinion and then it would go to the Plat Review Committee. We should indicate to the developer that we approve this layout. Chairman Power said he feels that, at this point, since they all looked at this at the Subdivision Committee, that we need a vote here. Ervan Wimberly said that one thing to be aware of is the street off -sets for cul de sacs. He is not sure that anyone can interpret the minimum jog of intersection. He likes the layout. Mr. Wimberly said there are 5 lots on each cul de sac and that they should be aware that the cul de sacs do not line up exactly; they are about 150 ft. apart. Mr. Prewitt said that it is their thought that people living close to the Racquet Club will know it is there and be aware of it. The Racquet Club will be built first. Mr. Wimberly asked if the approval of the Preliminary Plat stands for this one. Chairman Power said that he thinks that it should be brought back through so they can look at it again. We have given you the indication that we like this better than what we looked at before. Chairman Power opened discussion on the Petition PETITION TO CLOSE ALLEY to close the East-West alley in Block 17, Original Town Plat (Block 17 is bounded on the North by Meadow Street, on the South by Center Street, on the West by Church Avenue, and on the East by Block Avenue). The petitioners are Mrs. Bert (Naomi) Lewis, Paul D. Lewis, Pauline G. Lewis, Lester M. Lewis, Helen L. Bocquin, Mary Lucille Yoe, Heydon Z. Lewis, Carolyn Lewis Newbern, Al P. Eason and Housing Authority of the City of Fayetteville. Planning Commission -4- July 26, 1976 Attorney Ronald Bumpass and Mr. Paul Lewis were present to represent this petition. Chairman Power pointed out that some corrections needed to be made, in connection with the petitioners. First, Mrs. Bert (Mamie S.) Lewis --should be corrected to read Mrs. Bert (Naomi) Lewis; and second, Carolyn L. Lewis --should be corrected to read Carolyn Lewis Newbern. Attorney Bumpass said that they are petitioning to have this alley closed in an attempt to use the property, which would be vested in the adjoining property owners, as a negotiated settlement for impending condemnation by the Housing Authority of Fayetteville. It is his.understanding that they intend to widen the West. side of the alley, which is perpendicular to this East-West alley, 5 ft. Talking to Jim McCord, he stated that this would serve as a basis for negotiation, but that we have to get this alley condemned. Chairman Power said that the Planning Commission has, first, a letter from Clayton Powell, dated July 20, 1976, where he points out that he does not recommend closing the alley, which follows into the minutes, in its entirety: "July 20, 1976 "Mr. Ron Bumpass, Attorney P.O. Box 4105 Fayetteville, Arkansas 72701 "Re: Request to close an East-West alley in Block 17, Original Town Plat "Dear Mr. Bumpass: I do not recommend closure of this alley because: 1. The alley serves as ingress and egress to the City parking lot; and if this access were closed it would make it very difficult and a traffic hazard to continue the use of this parking lot as a parking lot. 2. This alley is concreted with an inverted crown. That is, the concrete strip is 10 ft. wide and has a "V" bottom to carry drainage from that entire half City block before it had been damaged through urban development projects. There were numerous complaints about the parking -lot being frozen over during inclement weather, which we have an abundance of from late November to late February. There again, this alley also serves as a drainage swale. • In addition, I have the responses from several utility companies indicating that this alley that is proposed to be closed, as well as the other alley in Planning Commission -5- July 26, 1976 consideration to be widened, contains multiple utilities that cannot, or would be exorbitantly expensive, to relocate. cc: City Clerk Planning Administrator City Manager " "Sincerely yours, Clayton Powell City Street Superintendent" Chairman Power said that the Planning Commission also received another letter from Clayton Powell, reversing his decision. Clayton Powell said that through telephone conversations, he has been assured that there will be no physical changes in the existing alley. This letter follows into the minutes, in its entirety: "July 23, 1976 "TO: City Planning Commission City Board of Directors FROM: Street Superintendent SUBJECT: Petition to close an alley in Block 17, Original Town Plat Based upon telephone conversations with Mr. Chad Kumpe, Fayetteville Housing Authority Director, and Mr. Paul Lewis, Downtown Fayetteville Unlimited, I amend my previous recommendations concerning the closing of the alley in Block 17 as follows: (A) Mr. Kumpe assured me that there would be no physical changes in the existing alley and it would still be used as an ingress and egress for the parking lot. Mr. Kumpe further agreed to utilize Urban Renewal funds to install a drop inlet and storm drain the parking lot to Meadow Street. I was further assured that there would be no disruption of existing utilities; and that this was necessary to facilitate improvements of this parking lot within the next three years utilizing Urban Renewal funds and also remodeling existing buildings abutting the perimeter of the parking lot utilizing Urban Renewal funds. (B) -:Mr.. Paul Lewis also confirmed the same comments made by Mr. Kumpe. With this understanding and agreement, I concur with the requested alley closure petition and the additional widening of the North-South alley. Planning Commission -6- July 26, 1976 "Clayton Powell Street Superintendent" Chairman Power said that he thinks there was a misunderstanding as to the purpose of the closing of the alley and that he thinks that it is satisfied. Wally Brt phoned the Planning Office on July 26, 1976, and said that the closing of the alley is o.k. with him if the utilities are in approval. He does not need any signed statement as he feels the petition is sufficient. Chairman Power said that he assumes everyone was notified. Mr. Paul Lewis said that all the land owners along the alley are petitioners -- they have been notified. Ernest Jacks moved that they approve the closing of the East-West alley. Mr. Ray seconded the motion, which was approved unanimously by a vote of 7-0. Chairman Power opened discussion on the request COMLEY CONSTRUCTION, INC. submitted by Comley Construction, Inc., to waive Waiver of Driveway Separation the 25 ft. minimum separation between individual driveways, for certain lots located on Wren Circle, Nightingale Circle, and Redwing Circle in Johnson Road Subdivision. • No one was present to represent this request. Mr. Nickell asked if this was the same property that was brought in by Kelly Brothers at one time. Chairman Power said that he believes it is. Freeman Wood said that "yes" it is. It is off Johnson Road. Chairman Power said that they are asking for the Planning Commission to waive the separation between the individual driveways. Mr. Jacks said that if he is only asking for lots around cul de sacs, he sees no problem. Chairman Power said that he thinks they have a mistake in the numbers. Basically we have the right to waive this 25 ft., but he feels the Commissioners should table this until they can get a representative here. Mr. Ray moved that this request be tabled until further information is presented, or someone is present to represent this. Mr. Jacks seconded the motion, which was approved unanimously by a vote of 7-0. Chairman Power opened discussion on the Conditional MRS. MILLARD (BONNIE) BARNES Use Request, submitted by Mrs. Millard (Bonnie) 7 West Poplar Street Barnes, 7 West Poplar Street, for a "Day Care Family Conditional Use Request Home." The property is zoned R-1, Low Density Residential District. Mr. Millard Barnes was present to represent this.Conditional Use Request. Mr. Jacks wanted to know if all the adjacent property owners had been notified. Freeman Wood said that he could not say that they have been definitely notified, but knowing the way the Planning Office operates, he would say "yes", they have been notified. Rita Davis said that she knows that at least one neighbor has been notified. Planning Commission -7- July 26, 1976 Chairman Power asked Mr. Barnes what is planned when he says "Day Care Family Home." Mr. Barnes said that it is to keep up to ten (10) children. We have been using this home since 1971 for that purpose. The house was built in 1963. They operated a nursery on Highland from 1961 to 1971 and then closed the nursery. At that time, they contacted the City and had a verbal o.k. to use this as long as they had no opposition from neighbors. As far as he knows, there has been no opposition. The Social Services are requiring his wife to obtain a license, and this is why this has come before you here. Up until this time, she hasbeen operating this without being required to obtain a license. Chairman Power said that the Planning Commission could grant a time limit on something like this. Mr. Nickell moved that it be approved. Mr. Newhouse seconded the motion to approve this. Rita Davis would like to make a stipulation that the number of children stay the same. Mr. Barnes said that the maximum number of children is ten. Chairman Power asked Mr. Barnes if he would have any objection it it is included in the motion for 1 year and 10 children. Mr. Barnes had no objection to this. Mr. Nickell wants the stipulation of 1 year and 10 children to be added to his motion. Mr. Newhouse, who seconded the motion, said he will accept the amendments to the motion. The motion, as amended, was approved unanimously by a vote of 7-0. Mr. Neal Albright mentioned that he felt that OTHER BUSINESS Sweetbriar #2 should have been brought up before the Planning Commission; and that this was not included on the Planning Commission Agenda. Chairman Power said that Bobbie Jones. is out of town and not expected to be back for a week. He can bring this up with Mrs. Jones when she returns. There was no other business to be discussed. The meeting was adjourned at 5:45 P. M. • •