Loading...
HomeMy WebLinkAbout1976-11-22 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, November 22, 1976, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman John Power, Peg Anderson, Vice -Chairman Keith Newhouse, Bill Kisor, John Maguire, Donald Ray, Rita Davis (arrived 5:10) MEMBERS ABSENT: OTHERS PRESENT: None. Ernest Jacks, Nickell, Jack Paul and Suzie Marinoni, Jr., Larry Wood, Pastor Ralph Goff, L. W. Kirby, Charles Nickle, Alan Beauchamp, Bobbie Jones, Angie Medlock, Mildred Wilkins, William Lankford, Lloyd Patterson, Don Grimes, and other unidentified persons. Chairman Power called the meeting to order. The minutes of the November 8, 1976, Planning Commission were approved as mailed. MINUTES At the suggestion of Chairman John Power the Commission deviated from the order of the published agenda. The first item considered was a request for withdrawal. Chairman Power asked Mr. Marinoni if he is just making a request for withdrawal of the petition and Mr. Marinoni said he is. Vice -Chairman Jacks moved to accept the withdrawal. Peg Anderson seconded the motion, which was approved unanimously, by a vote of 8-0. PAUL A. MARINONI Rezoning Petition No. 76-34 Request for Withdrawal The next item for discussion was the proposed revision to the Conditional Use Request and Large Scale Develop- ment Plan submitted by Alan Beauchamp, for property lying North of Old Wire Road and West of Crossover Road. The Planning Commission had approved a Conditional Use for tennis courts on December 19, 1972. Mr. Beauchamp now wants to move the location of the house and tennis hut to the North of the approved location. Vice -Chairman Jacks said it seems to be to Mr. Beauchamp's advantage to move the pro shop from one location to another. He said the Subdivision Committee approved of what he is trying to do; but Mr. Beauchamp wanted to know how much flexibility he will have. Mr. Beauchamp asked if, as long as he doesn't get within 100 feet of anyone's property line and is not in the flood plain and not outside of the dotted area which he originally proposed, could he build where he decided. He stated that his problem is mainly one of indecision. He said before it was a long way for the utilities. He can now face all of the windows to the South and save on his heating, it is a better view, and he doesn't see any reason why he would want to change again but he wants to know if he can move it 25 feet or so without coming back to the Planning Commission. Bobbie Jones said she would have no objections if the Planning Commission wanted to give them some latitude, she and Alan Beauchamp could work within those guidelines. Chairman Power said they could let him move 25-30 feet but if he decides to move 50 or 100 feet he would need to come back before moving the building. Mr. Beauchamp stated that he would not be building another building or moving the tennis courts, just the structure. He agreed that 30 feet is enough latitude for him to move the building if he desires. REVISION TO CONDITIONAL USE REQUEST Alan Beauchamp N. of Old Wire Rd. $ W. of Crossover Planning Commission Meeting November 22, 1976 -2- Chairman Power said he is in agreement as long as Alan Beauchamp isn't on the flood plain, is 100 feet from property owners, and is off of the gas line. Vice -Chairman Jacks made a motion to approve this request contingent upon the limitations of 100 feet setbacks on the west, that he not be in the flood plain, that he stay off the gas lines and utilities, and that he have a 30 foot maximum flexibility in any direction within the proposed site. Bill Kisor seconded the motion, which was approved unanimously, by a vote of 9-0. Planning Consultant Larry Wood gave a report on a REPORT ON DOWNTOWN AREA study of the land use and zoning of the "downtown Larry Wood area". This item had been tabled at the November 8, 1976, meeting? The area covered in the report extended from Dickson Street (on the North) to Archibald Yell (on the South) and on: Highway 71 (on the East) to the railroad tracks (on the West). He said there is so much going on that he is curious about the Planning Commission's feelings about the different areas involved here and requested their opinions. He mentioned that we have a problem with the !'service commercial" area and defining what "service commercial" is. He said that the pre- dominant land use in the area south of Dickson is residential, mostly single-family. He also asked the Planning Commission's feelings about the intersection of East and Dickson Street, by the churches and Post Office. He said he feels this area should be protected by not letting commercial in there. Bobbie Jones stated that service commercial was intended as R-0 when the map was adopted in 1970. She said R-0 permits mostly professional services, with restaurants on appeal to the Planning Commission. Larry Wood stated that Urban Renewal may proceed to the point they will fix their land use plan before the Planning Commission has time to give their input. Chairman Power asked if the Commissioners could give their individual reports to Larry Wood and have Larry Wood send them to Urban Renewal. Larry Wood said this would be all right. Chairman Power said each of the Commissioners should make their individual recommen- dation to Larry Wood if they see areas they feel strongly about. He said they should get back to Larry Wood by the first of the year. Mr. Wood is to refine the study and prepare another report after the first of the year. Vice -Chairman Jacks said he and the UNIVERSITY BAPTIST CHURCH City Manager and representatives of University Proposed Revision to Conditional Use Baptist Church had a meeting about the Request and Approval of Off -Site Parking Church's Large Scale Development. He 315 West Maple said they do have a conditional use request and a request for off-site parking but the Subdivision Committee only considered the Large Scale Development. He said the preliminary subject of the meeting was to straighten out the jog in Maple Street. Peg Anderson asked if this is the old Large Scale Develop- ment or a new one. Vice -Chairman Jacks said it is the same one that was submitted a couple of weeks ago, which is a revision to the one submitted several years ago. Chairman Power asked Bobbie Jones if there is any need to notify the adjacent property owners. Bobbie Jones said they already have been notified. She said there were some requests for waiver of parking requirements which the Board of Adjustment voted on and partially approved. Donald Nickell asked if this is a continuation of what Bryce Davis brought before them about a year ago and Bobbie Jones said it is. Ralph Goff, Church Administrator, said several years ago they submitted plans which they are not going to go through with now. Now they have proposed a two-story building in a different location. He said the diagram which they have shows the parking facilities now available and proposed parking. He stated that the parking lot south of Lafayette (Lot #2) and Parking Lot 111, west of Vandeventer are the two parking lots in question as off-site parking which the Planning Commission must approve. The Board of Adjustment denied their request to waive certain parking setbacks and to waive the requirements for surfacing of Parking Lot #2. He said this development should last • Planning Commission Meeting November 22, 1976 -3- them for awhile. He stated that the number of parking spaces will be adequate for what they are going to do. Peg Anderson stated that this is almost a subdivision. She said that when they get asphalt on the parking lots, the drainage problem.wi11 get worse. She stated that since this is a tax-free institution, the City won't get any money from them to be used to correct this problem, unless they get it now. She said she thinks Churches should have to pay taxes. Chairman Power asked Don Grimes, City Manager, if they had worked out something with the Church about taking the jog out of Maple Street. Mr. Grimes said they hadn't reached any definite agreements. Peg Anderson asked what conditions the Planning Commission has to approve the off-site parking lots. Vice=Chairman Jacks said the present Large Scale Development ordinance requires the Church to present rights-of-way to bring the streets to the Master Street Plan. Chairman Power stated that we look at this as a conditional use request instead of a subdivision because this has been here for a long time where a subdivision is the using and developing of new land. Vice -Chairman Jacks said the Subdivision Committee had looked at this as a Large Scale Development and the only question that they came up with had to do with the rights-of-way to bring the streets up to Master Street standards. He said the Subdivision Committee recommends that the Planning Commission require the sufficient rights-of-way: an additional 10 feet on Maple Street east of Vandeventer, an additional 10 feet on Lafayette, (5 feet on each side), an additional 5 feet on West Avenue. On Campbell Avenue, the Subdivision Committee recommends not requiring any additional right-of-way because it is essentially being used as an alley (23 feet wide) and there is another street only half a block away. He said there are two possibilities for Vandeventer--either close (vacate) it or not require any additional right-of-way. Pastor Goff said these rights-of-way should be agreeable with them. Vice -Chairman Jacks stated that the Church is very cooperative about straightening out Maple. He said they will have to go through a process to get this worked out, but the Subdivision Committee recommended not holding up the building that the Church proposes. Vice -Chairman Jacks said that the conditional use is building of the church and related facilities in the residential (R-3) zone. Vice -Chairman Jacks said the Subdivision Committee recommended that the Planning Commission approve the Large Scale Development plan and grant the conditional use with the contingencies of the right-of-way on Maple Street, Lafayette Street, and West Avenue, and require no further right-of-way on Campbell Avenue, and no additional right-of-way on Vandeventer. Bill Kisor seconded the motion, which was passed 8-0, with Peg Anderson abstaining. Don Grimes said they are not actually closing Vandeventer, it will remain open as a thoroughfare for utilities. He said they are going to vacate it as public right-of- way rather than close it. Vice -Chairman Jacks moved to approve the off-site parking as shown on the plans. Peg Anderson said she is still very concerned about the drainage, she said the more paving, the more ice on the streets so she thinks they should put in as much land- scaping as possible. Rita Davis said the Church would probably take this into consideration. Vice -Chairman Jacks' motion to approve the off-site parking as requested was approved 8-0 with Peg Anderson abstaining. Chairman Power opened discussion on the next item, PAUL MARINONI, JR. the conditional use request for duplexes on the Aberdeen Avenue Southeast corner of Highway 16 West and Aberdeen Conditional Use for Duplexes Avenue, submitted by Paul Marinoni, Jr. Chairman Power acknowledged a written objection from R. H. Hughes and Olive J. Hughes, 2510 Wedington Drive, who want to go on record as adjoining property owners, as being in opposition to the request. Planning Commission Meeting November 22, 1976 -4- Vice-Chairman Jacks said the Subdivision Committee approved the Large Scale Develop- ment Plan contingent upon Paul Marinoni, Jr. providing the City with a contract to extend Aberdeen Avenue to his south property line whenever there is development to the south or west, and that he move the one duplex back 5 feet to the west and show where the trash containers will be placed The Planning Commission must approve the condi- tional use, however. Lloyd Patterson, 2364 Ora Drive said that apartments would change the quality of the neighborhood; and that much of the property adjacent to this is owner -occupied dwellings and owners take more pride in their homes than the renters would. He stated that two families had either built or bought recently with the idea that this was a single family area and since this property is already zoned R-1, he doesn't think it is fair to the property owners to change it. Chairman Power said that in R-1 and R-2, they view duplexes as being all right. He said the Planning Commission doesn't feel like they are looking at the intensity of apartments when they are looking at duplexes. Chairman Power said Mr. Patterson's basic objections are the intensity -of the duplexes, and that they are getting out of the R-1 zone, and the care that is given to duplexes. Peg Anderson asked if there is not a creek bed between their properties, and Mr. Patterson said "yes". Vice -Chairman Jacks told Mr. Patterson that duplexes are permitted upon appeal to the Planning Commission in R-1. William Lankford, 2372 Ora Drive, said he feels duplexes are the same as apartments only on a smaller scale. He stated that to the west they would have more right to change to apartments if duplexes are permitted. He said Mr. Marinoni had told him that he had no intention of selling this piece of property but now there is a for sale sign on it. Paul Marinoni, Jr. said his father had listed it with a real estate agency six months ago. The agency has just recently put the sign up but the listing will expire within two weeks. He said that since that time he first came up with the proposal to build apartments, and since has come up with proposal to build duplexes, which is what they now want to do. He said they have no intention of selling the property. Chairman Power asked Planning Consultant Larry Wood if he feels they would be setting a precedent by letting Mr. Marinoni build the duplexes. Larry Wood said that from a land use standpoint it doesn't bother him, he encourages the mixing of duplexes with single=family. He stated that there isn't that much difficulty in the two living together. He mentioned that 50% of the ownership in this City is rental. He stated that we do have a problem with the maintenance, but we will continue to have this problem. He said there is nothing to say that single-family houses are sacred in terms of rental or owner -occupied and the adopted land use plan says you will attempt in each neighborhood to provide a variety of dwelling units for all income levels and all types of desires. Chairman Power asked Larry Wood if he doesn't think this will set a precedent as they move to the West and Larry Wood said no. Mr. Maguire said he agrees that you can mix these and we can live with multiple family dwellings on Highway 16. He stated that the City agreed to permit these only on appeal to the Planning Commission and the Planning Commission should use extraordinary care in permitting these. He said maybe Mr. Marinoni should build a couple of single family dwellings and then build duplexes. He mentioned that Mr. Marinoni owns a lot of land there to do this. He said he is against this. Mr. Lankford stated that the same man owns property to the bypass and had told him that he won't put single-family dwellings in, because there is no money in them. Mrs. Mildred Wilkins, 2323 Ora, stated that Al Hughes wanted to build duplexes at the other end of Ora Drive and was refused. She said that now there are beautiful homes going in there. She said it seems ironic to allow duplexes now at this end of Ora. Peg Anderson stated that she has no objection to the duplexes as long as they have the required 12,000 square feet of footage, however, she would rather Mr. Marinoni develop a Planned Unit Development. • Planning Commission Meeting November 22, 1976 -5- Peg Anderson said you need to consider the development of towns and as towns grow, you will have to live closer together. Rita Davis said she agreed with John Maguire. She said the feelings of the neighbors should be considered on conditional use requests. Mr. Marinoni said he proposes to build high quality duplexes, all brick, with fire- places, carpet, and high rent. He said they would be a tribute to the neighborhood. Mr. Marinoni stated that the property involved is zoned R-1, single-family residential, and if all they can do is build single-family, they will have to continue to farm it. He said all they could do with single-family is to sell it, and they don't want to sell it Peg Anderson asked if he had figured out how many single family build there. She said a 75 foot lot is all you need to build a the looks of a lot of houses in a row would be worse than duplex Rita Davis said she doesn't like the idea of going beyond Ora D Marinoni seems to be wanting to rezone without going to the Board. John Maguire said this has nothing to do with the best land use. He said the Planning Commission needs to protect the neighbors and he would vote for it if the neighbors were in approval. Mr. Lankford said Mr Marinoni doesn't want to sell the property between the Church and the creek. He questioned what made this property more valuable than that he sold to the Church. Mr. Marinoni stated that they had sold that property to the Church 11 years ago. He said water and sewer were put in on the subject at Mr. Marinoni's expense, and this is an attempt to utilize these facilities. He said there are no facilities on the other side of the Church. Peg Anderson said that along Lonnie Avenue there is a creekbed which is wooded and goes right along beside the road; the street and creek are both between Marinoni's property and the property of the objectors. Peg Anderson moved to approve the conditional use for the duplexes. Bill Kisor seconded the motion, which failed to pass, 3-6-0, with Anderson, Kisor, and Jacks voting "Aye", and Ray, Davis, Power, Newhouse, and Nickell voting "Nay". dwellings he could house on. She said es. rive. She said Mr. • Chairman John Power opened discussion on the Conditional Use Request submitted by Charles and Robert Nickle for a duplex at 242 and 244 Baxter Lane, and the Conditional Use Request for a duplex at 234 and 236 Baxter Lane, submitted by William P. Kennedy. Chairman John Power asked if the property owners had been notified and Bobbie Jones said they had been mailed the necessary notification, return receipt requested by the applicants. Mr. Charles Nickle was present to represent all parties. Mr. Nickle said this land in this location is the only land vacant on the street and they plan to develop it with a nice duplex on each lot. He feels the growth of the Hospital has increased the need for housing in this area. He said they are planning on putting up nice duplexes and feel this is a reasonable request. He said some of the property around is rented and he has not heard any objection from any of the property owners in the neighborhood. Charles Nickle said they do own the property across the street on the east side of Willow. Donald Nickell asked what kind of finish they are going to put on the duplexes and Charles Nickle said it would be brick, with fireplaces. Seth Jewell, 306 Baxter said he wished this property could stay as a vacant lot or that he could afford to purchase it himself, but he realized this was not possible. He questioned if Mr. Nickle was going to connect with sewer, he said the water pressure is not very good but he had spoken with the City Engineer and was told the duplexes would probably not affect the water pressure, also he was concerned about the narrow entrance on to Baxter Lane from College Avenue. He asked if there could be a limit on the number of parking spaces allowed. Chairman Power said he has some kind of limitation. Bobbie Jones said he is required to have four parking spaces but CONDITIONAL USE REQUESTS Robert $ Charles Nickle 242 $ 244 Baxter Lane William P. Kennedy 234 F, 236 Baxter Lane Planning Commission Meeting November 22, 1976 -6- could put six or eight if he needed to. She said the more he puts in, the more restrictions he has to face. She also said they would have to be paved, so the more parking spaces he put, the more expensive it would be for him. Mr. Jewell said he wouldn't like to see more than six. Chairman Power said City Attorney, Jim McCord said the Planning Commission could put restrictions on conditional uses when approving them. Mr. Jewell asked if Mr. Nickle would have to build the duplexes to the plans he had shown him or could he change this. Chairman Power said he could not change the basic structure of the building or its position on the property. Bobbie Jones stated that if there is only a variation of 2-4 feet the Planning Office could adjust this, otherwise he would have to come back to the Planning Commission and have them look at it again. Mr. Jewell asked if he would be able to change the outside appearance of the duplex. Mr. Nickle said he has the plans they intend to use. Peg Anderson moved to approve the conditional use requests for duplexes at 242 and 244 Baxter Lane, submitted by Robert and Charles Nickle, and the conditional use request for a duplex at 234 and 236 Baxter Lane, submitted by William Kennedy with the stipulation that there be a minimum of four and not more than six parking spaces per duplex, and the owner not move more than two feet from what is presently shown. Keith Newhouse seconded the motion, which was approved unanimously, by a vote of 9-0. Donald Nickell requested the records reflect that he is no relation to Charles Nickle. The last item was the public hearing to amend Ordinance 1747, Article 6, Section (8) (B), Appendix A of the Fayetteville Code of Ordinances to permit home occupations in the R-1 Zoning District on appeal Commission and in the A-1 Zoning District as a use by right. Peg Anderson said it really doesn't change the requirements for home occupations other than adding them to those zones. Chairman John Power said he feels they should leave the Ordinance as it is. Peg Anderson made a motion to approve the amendment to permit home occupations in the R-1 Zoning District on appeal to the Planning Commission and in the A-1 Zoning District as a use by right. Mr. Jacks seconded the motion. The motion failed to pass 3-6-0 with Anderson, Jacks and Kisor voting "Aye" and Power, Newhouse, Nickell, Maguire, Ray, and Davis voting "Nay". HOME OCCUPATIONS Ordinance 1747, Article 6 to the Planning The meeting was adjourned at 7:10 P. M. A • RESOLUTION PC 73-76 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Monday, November 22, 1976, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to deny the proposed ordinance to amend Ordinance 1747, Article 6, Section (8) (B), Appendix A to'the Fayetteville Code of Ordinances, to permit home occupations in the R-1 Zoning District on appeal to the Planning Commission and in the A-1 Zoning District as a use by right; 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 proposed 'ordinance to amend Ordinance 1747 be denied. • PASSED AND APPROVED this day of , 1976. APPROVED: John Power, Chairman