Loading...
HomeMy WebLinkAbout1976-08-09 Minutest MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, August 9, 1976,'in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman John Power, Mr. Ernest Jacks, Jack Ray, Bill Kisor, Keith Newhouse, Donald Nickell, Rita Davis, Peg Anderson, John Maguire. MEMBERS ABSENT: OTHERS PRESENT: None. Bill Giese, Russell Purdy, David McWethy, Tom Bell, Ervan Wimberly, Tom Comley, Jr., Charles Woolley, James E. Lindsey, Bill Graue, Don Kendall. Chairman Power called the meeting to order. Rita Davis time of the call to order. had not arrived at the The minutes of the July 26, 1976 Planning Commission meeting were approved as mailed. Chairman Power opened the public hearing on Rezoning Petition R76-25, Tom B. Bell, to rezone property located South of U.S. Highway 62 West and East of Hanshew Drive, from A-1, Agricultural District, to R-1, Low Density Resid- ential District. Mr. Tom B. Bell was present to represent. Rita Davis arrived at 5:05 p.m. MINUTES REZONING PETITION R76-25 Tom B. Bell So. of Hwy. 62 West Chairman Power wanted the recommendation contained in the Planning Report, prepared by Larry Wood, read into the minutes as follows: "The requested R-1 District is consistent with the recommendations of the General Plan. If the intent is to extend sewer facilities (which exist 700 feet to the North) and provide a full range of urban services to the property being rezoned, then this application is recommended for approval. If sewer facilities are not to be provided this property, then the application is not recommended for approval, and the rezoning to R-1 District is considered premature until a full range of urban services can be provided." Mr. Tom B. Bell said that this is a 4.5 acre tract. sell part of the 4.5 acres in lots smaller than the per lot and 200 ft. minimum lot width per lot. Bobbie Jones said that the adjacent property owners Chairman Power asked about the sewer: Mr. Bell said that the sewer is on Hwy. 62, and it his house, but the line will not be put in service has a private water line. Bobbie Jones said that there He wants it rezoned so he can A-1 requirement of 2 acres have been notified. comes up Hanshew Drive to until 1977. He said he is an ordinance that if sewer is available, they have to tie onto it within a specific period of time. Peg Anderson said that the recommendation of the Planning Consultant, that it Planning Commission -2- August 9, 1976 not be approved until sewer is in service, is her view. Mr. Kisor said that if the line is there, there is no problem. Mr. Maguire said that he feels there is not a problem either. Mr. Ray moved that the Planning Commission recommend to the Board of Directors that Petition R76-25 be approved as petitioned. Mr. Nickell seconded the motion. Peg Anderson said that she does not want a septic tank there and she feels the rezoning is premature. The motion, which was seconded by Mr. Nickell, was approved 8-1, with Peg Anderson voting in opposition. This will be considered by the Board of Directors on August 17, 1976. Chairman Power opened the public hearing on Rezoning Petition R76-26, James E. Lindsey, to rezone property located South of Zion Road, and East of Old Missouri Road, from A-1, Agricultural District, to R-1, Low Density Residential District. REZONING PETITION R76-26 James E. Lindsey So. of Zion Rd., E. of Old Missouri Rd. Mr. James E. Lindsey was present to represent this petition. Chairman Power said that he will abstain from voting, as he owns property in this area. Chairman Power read into the minutes the following recommendation contained in the Planning Report, prepared by Larry Wood: "The requested R-1 District is consistent with the recommendations of the General Plan, however, the availability of sewer facilities appears to be several years away. With the growth pressure that is being experienced in the Northeast part of the City, it is recommended that development which provides full urban services be encouraged and those with less than full service be discouraged. The requested change from A-1 District to R-1 District appears to be premature and is not recommended for approval." Mr. Lindsey said that, as a land owner, he has been approached by a man who wants to use the maximum number of subdivision waiversto build houses on this property. Mr. Giese would like to purchase the South portion, which abutts his property, so he can have a pond on it. The sewer is a long way away. Mr. Lindsey said that he considered it as desirable to have 11/2 acre tracts on septic tanks as to have 20 houses on sewer on this same overall tract. Mr. Newhouse wanted to know if anybody had run any "percolation" tests in this area recently. Mr. Wimberly had run some tests before and they were o.k. Peg Anderson wanted to know if Mr. Lindsey could appeal to the Board of Adjustment for a waiver for slightly smaller lots. Bobbie Jones said that they could appeal to the Board of Adjustment, but the Board of Adjustment might consider the request to be rezoning in effect. Mr. Kisor said that he felt this should be R-1. Mr. Giese said that he owns a piece of property, which drains from the center, both East and West, and the West side drains into Mud Creek; the East side drains into Lake Fayetteville. If there are a whole bunch of houses permitted --it is a short way to Lake Fayetteville. Mr. Kisor moved that the Planning Commission recommend to the Board of Directors that Petition R76-26 be approved. Mr. Maguire seconded the motion. The vote was Nickell, Kisor, Maguire, Jacks "Aye;" Anderson, Davis, Newhouse "Nay;" Power and Ray "Abstained." The motion Planning Commission -3- August 9, 1976 failed to pass on a vote of 4-3-2. The Zoning Ordinance requires 5 favorable votes to recommend any zoning change. Chairman Power opened discussion on a request, COMLEY CONSTRUCTION COMPANY submitted by Comley Construction Company, Inc., to waive Driveway Safety Zones the minimum 25 ft. separation between individual driveways for Lot 38 located on Wren Circle, Lots 23, 24, 25, 26, 27, and 28, located on Nightingale Circle, and Lots 13, 14, 15, 16, 17, and 18, located on Redwing Circle, in Johnson Road Subdivision. This request had been tabled from the July 26, 1976 meeting because there was no one present to represent the request. Mr. Tom Comley, Jr. was present to represent the request. Chairman Power wanted to know why he picked out Lot 38, and not Lots 36, 37, 35, and 34. Mr. Comley said that there are already houses on the other lots. Mr. Jacks moved that they waive the minimum 25 ft. separation between the individual driveways on the lots covered in the request. Mr. Newhouse seconded the motion, which was approved unanimously by a vote of 9-0. *Item No.#6 on the Agenda, a policy question raised by City Street Superintendent Clayton Powell as to how and at what point Joyce Street will be brought up to current City Street Standards, is to be tabled indefinitely. City Manager Grimes, Street Superintendent Powell, and City Attorney McCord are working on this. Mr. McCord had informed the Planning Administrator that the existing Large Scale Development Ordinance cannot require any improving of existing streets. Chairman Power opened discussion on the approval of the Final Plat of No. 2 Sweetbriar Addition, located SWEETBRIAR ADDITION, NO. 2 So. of Elaine St., E. of Old Missouri Rd. Final Plat South of Elaine Street and East of Old Missouri Road, Jerry D. Sweetser, Inc., Developer. Mr. Jacks said that the Subdivision Committee recommends approval of the Final Plat of Sweetbriar Addition, No. 2, with four (4) minor corrections on the plat. Bobbie Jones said that she thinks that Mr. Sweetser wants to enter into a Subdivider's Contract. He has to have some form of guarantee that will assure that the improvements will be made. He has the choice of (1) performance bond; (2) cash bond, or (3) a contract Mr. Sweetser indicated that he was agreeable to the Contract Chairman Jacks recommended that they approve this with the four (4) Planning Office Review requirements -- 1, 3, 4, and 5, and contingent on Mr. Sweetser entering into a Subdivider's Contract. Mr. Newhouse seconded the motion, which was approved unanimously by a vote of 9-0. Chairman Power opened discussion on the approval of the Preliminary Plat of Jerry D. Sweetser Subdiv- ision, to be located East of Winwood Estates (on an extension of Bois de Arc Lane); Jerry D. Sweetser, Developer. JERRY D. SWEETSER SUBDIVISION East of Winwood Estates Preliminary Plat • Planning Commission -4- August 9, 1976 - Mr. Jacks said that there are five (5) Planning Office Review comments. (1) 30 ft.•right-of-way for Township is needed on the North side of Lot Block 2. (2) Waive the street light spacing to a maximum of 350 feet. 4, (3) Lot 4, Block 2, needs utility easement where the 30 ft. street easement is shown and a 25 ft. setback from the 30 ft. easement. (4) Block 2 needs to be drawn to scale. (5) Adjacent property owner's signatures are required. Mr. Jacks made a motion to approve this Preliminary Plat, contingent on the five (5) items listed above. Mr. Kisor seconded the motion. Peg Anderson wanted to know what relationship this subdivision has with the bridge being built (between Brookside East and Azalea Terrace). Mr. Sweetser said that this does not really enter into this. The street in this subdivision is part of the off-site improvements for Brookside East. The motion was approved unanimously by a vote of 9-0. Chairman Power opened discussion on the Preliminary Plat of Bill Graue to subdivide property outside the City Limits on the South side of Highway 16 West. Mr. Bill Graue was present to represent. Mr. Jacks said that this is not Preliminary Plat. Mr. Graue said that he understood discussed in Plat Review. Chairman Power said that he needs Committee meeting. Mr. Kisor said that he needs to work out Mr. Graue said that he would like double each lot, rather than putting in a water cover the whole thing. Mr. Jacks said that the City Engineer would not recommend this. He had recommended at least a 6 -inch looped main to allow for future fire protection. Chairman Power said that they have had occasions before where people just bring in sketches and drawings on backs of envelopes. He needs to submit something more specific. Mr. Graue said that he will take the two 90 degree turns out of the road and put 45 degree turns in. Mr. Jacks said that water is the problem. Chairman Power said that he has to get something more thorough in to the next Subdivision Committee meeting in two weeks; in the form of a subdivision plat. BILL GRAUE So. side of Hwy. 16 West (Outside City Limits) Preliminary Plat a "Preliminary Plat" --they need to see a about the utility easements and streets to revise this before the next Subdivision water service also. meters, with individual water lines to main. There would not be over 4 taps to *NOTE -This was scheduled to be the fourth item on the Agenda; however, Mr. Kendall phoned the Planning Office and said that he would be delayed because of a Court REZONING PETITION R76-27 Don Kendall So. of Hwy. 16 West Planning Commission -5- August 9, 1976 appearance. The Rezoning Petition R76-27, Don Kendall, was deferred until Mr. Kendall arrived. Chairman Power opened the public hearing on Rezoning Petition R76-27, Don Kendall, to rezone property located South of U.S. Highway 16 West and West of Highway 71 By -Pass from A-1, Agricultural District, to R-0, Residential Office District. Mr. Kendall, the petitioner was present to represent. Mr. Kendall said that he has contracted to sell 5 acres out of an 80 -acre tract, contingent on his getting the 5 acres rezoned R-0, for the Federal Land Bank to build upon. Mr. Charles Woolley, Federal Land Bank Manager, said that the office would be 32' by 80'. Chairman Power wants to know why they have to rezone the entire 5 acres for so small a building. Mr. Kendall said that the offer is to sell the entire 5 acres. Mr. Woolley said that they want to construct their office facility, and eventually, two sister organizations. (Farm Bureau Insurance and Production Credit Association). Chairman Power wanted Larry Wood's Planning Report recommendation read into the minutes in its entirety: "The requested change is not consistent with the General Plan recommen- dations of Low Density Residential, however,'.the R-0 District is consistent with the intent of the Plan, that being to provide a a transitional zoning pattern from commercial along the By -Pass to Low Density Residential further West. The R-0 District being requested and the R-2 District, which has been approved on the Northside of Hwy. 16 further West, are compatable and both provide a good transition. The R-0 District provides the Commission with an opportunity to establish the limits of commercial expansion along the Southside of Hwy. 16 and is recommended for approval." Chairman Power said that he is not happy with entire 5 acres. That is not necessary for transition. He thinks. it is an excellent use, but when you use 5 acres, you lose control in R-0. However, it is a small part of the 80 acres. He doesn't have quite a serious objection to this. He said that it would not be desirable to have a restaurant, which could fit into the R-0 zone, there. Mr. Woolley said that would not even be considered. They would have sister organizations there. Peg Anderson moved that the Planning Commission recommend to the Board of R76-27 be approved as petitioned. motion. by a vote of 8 to 1, with Nickell voting "Nay." by the Board of Directors on August 17, 1976. Directors that Petition Rita Davis seconded the The motion was approved This will be considered Chairman Power opened discussion on the approval of the Revised Preliminary Plat of Summer Hill Subdivision, a proposed planned unit development, to be located on the North side of Stubblefield Road on an Land Company, Inc., Developer. SUMMER HILL SUBDIVISION No. side of Stubblefield Rd. Revised Preliminary Plat extension of Masonic Drive, Summerhill Planning Commission -6- August 9, 1976 Mr. Ervan Wimberly was present to represent. Mr. Jacks said that the Subdivision Committee is in favor of the general lay -out. Wally Brt wants permission (written) to use private streets; they will need to satisfy the Planning Office regarding easements and overall density. They should show on the Final Plat what they plan to build in there. Ervan Wimberly said that they will have 2 or 3 -family condominiums on some of the lots, they would not change any lot lines. Ervan Wimberly said that there are two alternatives for the sidewalks: (1) sidewalk around outside perimeter, with access from lots on the back, or (2) dedicate street as public street and install sidewalks on both sides of the main street, but not on the cul de sacs, in lieu of putting sidewalk on one side and around each cul de sac. Peg Anderson wanted to know if the entrance to the Racquet Club would be around Lots 5 and 6. Mr. Wimberly said that the entrance will be between Lots 5 $ 6; Lot 1 has 50 ft. of frontage on the street there. Bobbie Jones read Article 8, Section 12 (F) --whereas, the developer is required to submit a detailed overall plan before a building permit can be issued for a Planned Unit Development. Mr. Jacks moved that they approve this Preliminary Plat of Planned Unit Development of Summer Hill Subdivision, contingent on satisfying the Sanitation Superintendent and on satisfying the Planning Office on ease- ments and density. He also moved that the Commission go on record as being in agreement with sidewalks being on both sides of main street, and none on the cul de sacs, as they are so short. Mr. Newhouse seconded the motion, which was approved unanimously by a vote of 9-0. E. Wimberly commented that Masonic Drive is a dedicated gravel street between the Subdivision and College. These developers do not intend to improve that portion. *NOTE --Item 11 (Major Street Plan) has been withdrawn by order of the City Manager. Bobbie Jones said that Mr. Grimes had told her that he and the City Attorney had studied various maps and were of the opinion that a poss- ible extension of Elm, between Green Acres Road $ College was on the Major Street Plan because of a drafting error and was not applicable to Malco Theatre's large scale development plan. There was no further business to be discussed. OTHER BUSINESS The meeting was adjourned at 6:03 P. M. • • • RESOLUTION PC 50-76 WHEREAS, the petition of Mrs. G. Lewis, Lester M. Lewis, Helen L. Carolyn Lewis Newbern, Al P. Eason Fayetteville for vacating an alley for recommendation; and Bert (Naomi) Lewis, Paul D. Lewis, Pauline Bocquin, Mary Lucille Yoe, Heydon Z. Lewis, and Housing Authority of the City of was presented to the City Planning Commission WHEREAS, at a meeting on Monday, July 26, 1976, the City Planning Commission voted to make a recommendation to the City Board of Directors on said petition to vacate an alley. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That after the public hearing an ordinance be adopted for the purpose of vacating the public alley, described as follows: Beginning at the Northwest corner of Lot 10 in Block 17 in the Original Town addition of Fayetteville, Arkansas, and proceeding South 160' 10" to a point of beginning: thence South 10 feet; thence East 160' 10"; thence North 10 feet; thence West 160' 10" to the point of beginning. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman • • • RESOLUTION PC 51-76 WHEREAS, a public hearing was held by the City Planning Commission, Monday, August 9, 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 Tom B. Bell, R76-25 for rezoning; NCW, THEREFORE, BE IT REODMMENDED 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-1, Low Density Residential District, said real estate. LEGAL DESCRIPTION: Part of the NWt, SW4, of Section 19, T -16-N, R -30-W, more particularly described as: Beginning at the SW corner of the fractional NW4 of said Section and running 812.8 feet North, thence East 176.48 feet, thence South 288.63 feet, thence N 76° 05' E 103.68 feet, thence South 550.28 feet, thence West 276.37 feet to the place of beginning. SECTION 2. That the above described property be rezoned from A-1, Agricultural 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 • • • RESOLUTION PC 52-76 WHEREAS, a public hearing was held by the City Planning Commission, Monday, August 9, 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 James E. Lindsey, R76-26 for rezoning; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIJ.T.F, ARKANSAS. SECTION 1. That the petition requesting the rezoning of property, described as follows, from A-1, Agricultural District to R-1, Low Density Residential District, be denied. LEGAL DESCRIPTION: Part of the NEe, SEt, of Section 24, T -17-N, R-30-41, of the 5th P.M., being more particularly described as follows: Beginning at a point which is 953.4 feet East of the Southwest corner of said 40 acre tract,thence North 1° 501 West 829.03 feet to the South right of way line of Zion Road; thence East along said right of way line to the East line of said 40 acre tract; thence South to the Southeast corner of said 40 acre tract, thence West to the point of beginning. Less and except 204 feet of equal and uniform width off the South side of said tract. 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 RESOLUTION PC 53-76 WHEREAS, at its regular meeting on Monday, August Commission voted to make a recommendation to the Board subdivision plat dated , 19 submitted by Jerry D. Sweetser, Inc. and known as No. 9, 1976, the of Directors 2 Sweetbriar Planning on the final Addition WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Jerry D. Sweetser, Inc. enter into and furnish the City with the necessary subdivision performance bond 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. That the necessary subdivision performance bond be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. The subdivision plat be approved contingent upon (1) the "Certificate of Approval for Recording:" should be underlined; (2) 25' U. E. should be marked on the South side of Lots 1 - 5, Block 10; (3) 25' building setback should be marked on Block 8; (4) Resolution paragraph under "Certifi- cates" be corrected. SECTION 3. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the No. 2 Sweetbriar Addition described as follows: LEGAL DESCRIPTION: Part of the of the SE;, Section 25, T -17-N, R -30-W, of the 5th P. M., Washington County, Arkansas, more particularly described as follows, to -wit: Beginning at a point S 00 08' 42" W 610 feet from the Northeast corner of said eighty acre tract, thence N 89° 51' 18" W 1,446.60 feet; thence N 0° 08' 42" E 300 feet; thence S 89° 51' 18" E 1,446.60 feet; thence S 00 08' 42" W 300 feet to the point of beginning. PASSED AND APPROVED this ATTEST: Rita Davis, Secretary day of , 1976. APPROVED: John Power, Chairman • • • RESOLUTION PC 54-76 WHEREAS, a public hearing was held by the Planning Commission, Monday, August 9, 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 R76-27, Don Kendall. 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-0, Residential Office District, said real estate. LEGAL DESCRIPTION: Part of the Fractional NW4, SW?, of Section 7, T -16-N, R -30-W, being more particularly described as follows, to -wit: Beginning at a point 799.8 feet North of the SE corner of said fractional 40 acre tract and running thence N 890 12' W 502.05 feet, thence 520.g3 feet to the South right of way of State Highway 16, thence S 89 12' E along the South right of way of said State Highway 16, 330 feet to a point where said South right of way intersects the West boundary line of the Old K. C. & M. Railroad right of way, thence S 18° 45' E along said Old Railroad right of way 535.19 feet to the East line of said fractional 40 acre tract,thence South 16.30 feet to the point of beginning, containing 5 acres more or less. SECTION 2. That the above described property be rezoned from A-1, Agricultural District, to R-0, Residential Office District, so the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman