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HomeMy WebLinkAbout1976-12-13 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, December 13, 1976, in the Board of Directors Room, City Administration Building, Fayetteville, Atrkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Vice -Chairman Ernest Jacks, Peg Anderson, Keith Newhouse, Bill Kisor, Donald Nickell, Jack Ray, Rita Davis. Chairman John Power, John Maguire Lois Cunningham, Attorney Charles Atkinson, Polly Martin, Yvonne Morris, Leon Cox, James Baker, George Young, Stanley Todd, Jim Vizzier, and other unidentified persons. Vice -Chairman Ernest Jacks called the meeting to order. The minutes of the November 22 Planning Commission Meeting MINUTES were approved as mailed. Vice -Chairman Ernest Jacks opened the public hearing on REZONING R76-38 Rezoning Petition No. R76-38, Lois Cunningham (Mrs. Wood), to Lois Cunningham rezone property located West of Gregg Avenue, North of Prospect Street and East of the St. L. 4 S.F. Railroad, from R-2, Medium Density Residential District to I-1, Heavy Commercial and Light Industrial District. Charles Atkinson, Mrs. Cunningham's attorney, was present to represent. Planning Consultant Larry Wood said he recommends that they not consider rezoning this property to I-1 because (1) the industrial zoning in that location would be against the General Plan, (2) if you zone it I-1, it will promote uses not compatible to the residential area east and south and basically to the West and (3) it would seem to be spot -zoning. Vice -Chairman Jacks said the Railroad owns a strip of I-1 property about 100 feet wide up and down the railroad. Mr. Atkinson said this land has been historically industrial. At the beginning of the City, this was a powder plant, and then it was Stice Handle factory which it was until Mr. Cunningham bought it. Mr. Cunningham tore this factory down to use the land, but it has never been used as residential property. The only two residences which could be affected are one located on the corner of Frisco and Prospect which faces Prospect and one on the corner of Adams Avenue and Prospect which faces Adams. Frisco is a dirt road. There is a loading track for the railroad and a bulk oil plant there. Mr. Atkinson said no one would ever build a house on this property because it is not suitable for residential property and has never been. Up until the last general rezoning, this was I-1. The rezoning back to I-1 would merely comply with the existing use. There is a team track there where they sidetrack cars and load and unload. He repeated that this property cannot be used for residential. No one was present to oppose the request. Peg Anderson asked Bobbie Jones if there is a screening requirement between R-2 and I-1. Bobbie Jones said he would have to screen any new parking area put in within 20 feet of the residentially zoned property but she was not sure if any other screening would be required. Vice -Chairman Jacks said that at some time in the future it would be good to get rid of the industrial. Peg Anderson said she doesn't see this at all. She said some of the most successfully built thoroughfares are located in that area • • • • Planning Commission Meeting December 13, 1976 -2- Mr. Atkinson said the ownership of Mr. Cunningham's property extends on down to the right-of-way so he really owns all the street (Frisco). Keith Newhouse said when he went down to look at the property it was being used as Mr. Atkinson said, and there is a kind of natural screening between this land and the houses on Gregg. Peg Anderson said her only concern is the houses on Gregg. Mr. Atkinson stated that Mrs. Cunningham plans to sell this land and it will be easier to dispose of as I-1 rather than R-2. He said the area is small so they can't put in any big developments. Peg Anderson mentioned that if rezoned to I-1, this land could be used for a noisy plant since this is a use allowed in that zone. Mr. Atkinson said he thinks it will be a tin shop or a warehouse or something like that. Bill Kisor moved to approve the request to rezone the property from R-2, Medium Density Residential to I-1, Heavy Commercial and Light Industrial. Jack Ray seconded the motion, which was passed 5-2, with Davis, Ray, Kisor, Anderson, and Newhouse voting "Aye" and Jacks and Nickell voting "Nay". The public hearing was opened on Rezoning Petition REZONING PETITION R76-39 No. R76-39, B. F. and Polly Martin, to rezone B. F. $ Polly Martin property located South of Whillock Street and East of U. S. Highway 71 South, from R-1, Low Density Residential District to R-2, Medium Density Residential District. Planning Consultant Larry Wood recommended that they not consider rezoning to R-2 at this time. The request is in keeping with the.General Plan recommendations for this entire area; but in checking public facilities, they are operating on a 2 -inch water line; there is a 6 -inch sewer line which has the capacity to serve this property but cannot serve the North side of the street; the fire plug situation is a little critical because there is 900 to 1,000 feet to the nearest hydrant which is on more than a 2 -inch line. To make a committment to medium density residential at this time seems to be a little premature. Polly Martin, 3617 Huntsville Road was present to represent. Bobbie Jones said the lots are not large enough for her to build duplexes in R-1. She could have appealed to the Planning Commission for duplex conditional use but would then have to go to the Board of Adjustment for a variance. Rita Davis asked who owns the property between the lots and Yvonne Morris said she does. Yvonne Morris, 601 Whillock said she thinks rezoning will make her land value go down if Mrs. Martin puts a duplex on each side of her, and she hates to see the land rezoned. Peg Anderson said there is a duplex at the end of the street which has more than the needed 80 foot frontage. She stated that this would almost become spot -zoning on this street. Keith Newhouse moved that the Petition No. R76-39 for rezoning the property located South of Whillock Street and East of U. S. Highway 71 South from R-1, Low Density Residential to R-2, Medium Density Residential be denied. Peg Anderson seconded the motion which was approved unanimously, by a vote of 7-0. Vice -Chairman Jacks opened discussion on the Conditional CONDITIONAL USE REQUEST Use Request by Ken Lazenby for six duplexes located on Ken Lazenby East Farmers Lane, South of U. S. Highway 62 West, zoned R-1, Low Density Residential District. No one was present to represent. Bobbie Jones stated that Mr. Lazenby is also appealing to the Board of Adjustment for a variance on the five duplexes on the East so anything they do will be contingent upon the Board of Adjustment. Leon Cox, 1400 East Farmers Avenue said there is a problem there with the street, it is dirt and gravel, and it is narrow. He said six duplexes would probably mean 12 cars and they would have more cars than street. He said there is some talk about widening the street but then everyone who has already built there will be too close to the street. • • • Planning Commission Meeting December 13, 1976 -3- James Baker, 1399 East Farmers Avenue said the road is already too small and the children play in the street. If they are allowed to put in the duplexes, it will low grade everyone else's property. George Young, 1190 East Farmers Avenue, agreed that the street isn't wide enough to allow duplexes and stated that his property line is directly across from where the duplexes are proposed. Donald Nickell questioned if this had come before the Planning Commission before and Bobbie Jones said at the time this was rezoned Mr. Lazenby requested R-2 but the Planning Commission cut it back to R-1. — Donald Nickell moved to deny the request for 6 duplexes in R-1. Jack Ray seconded the motion which was approved unanimously by a vote of 7-0. The next item for discussion was the conditional STANLEY TODD use request by Stanley Todd for a change of non- Conditional Use Request conforming use. Mr. Todd requests that the building used as a greenhouse may now be used for an antique shop. The property is zoned R-1, Low Density Residential District. Vice -Chairman Ernest Jacks asked Bobbie Jones if this Zoning Ordinance allows for a change in non -conforming use. Bobbie Jones read from Article 4, Section 5 (c) "if no structural alterations are made any non -conforming use of a structure or a structure and premises may as a conditional use be changed to another non -conforming use provided that the Planning Commission either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district, than the existing non -conforming use." Vice -Chairman Jacks said it is not a question then of intensity but a question of appropriateness. Stanley Todd, Route 2, said it was a greenhouse for 10 years and then when he bought the property he didn't use it as a greenhouse. He said Stanley Brown formerly owned the property, and then he bought it and enclosed the sides. Vice -Chairman Jacks asked him if he is going to use this for selling antiques and Stanley Todd said "yes". Bill Kisor asked if he would be doing any refinishing and Mr. Todd said he would just be selling. He stated that his neighbors don't object and presented a letter in - agreement to Bobbie Jones, Planning Administrator, from Opal Key. Bill Kisor moved to approve the change of non -conforming use for Stanley Todd as requested. Jack Ray seconded the motion, which was passed 5-2 with Anderson, Ray, Kisor, Jacks and Newhouse voting "Aye" and Davis and Nickell voting "Nay". The next item for discussion was the approval of the BROPHY'S SUBDIVISION Preliminary Plat of Brophy's Subdivision, Part of Blocks Preliminary Plat 3, 4, and 5, located.North of Township Road and East of College Avenue; Ralph Brophy, Developer. Jim Vizzier was present to represent. Vice -Chairman Jacks noted that the Subdivision Committee had found two problems --the Planning Commission needs to waive one street light spacing to 400 feet and the planner needs to put dimensions on the right-of-way indicating that it will be 40 feet from the center line of Twonship. Peg Anderson asked if there is some question on the sewer situation and Mr. Vizzier said this problem is resolvable. She asked what the situation is on Westview and Mr. Vizzier showed her the plans for what he is proposing to do. Vice -Chairman Jacks said what Mr. Brophy is doing is just ignoring this at this time. Keith Newhouse made a motion to approve the Preliminary Plat of Ralph Brophy contingent on the waiver of the street light spacing, and indicating that the right-of-way is 40 feet from the center line of Township Road. Peg Anderson seconded the motion which was approved unanimously by a vote of 7-0. The last item for discussion was the public hearing to amend Article 5, Section VIII of Appendix A to the Fayetteville Code of Ordinances, to delete Use Unit 20, Commercial AMENDMENT OF ARTICLE 5, SECTION VIII OF APPENDIX A Code of Ordinances • ;• • Planning Commission Meeting December 13, 1976 -4- Recreation; Large Sites from Section VIII (8) and to add Use Unit 19, Commercial Recreation and Use Unit 20, Commercial Recreation; Large Sites to Section VIII (C). Vice -Chairman Jacks said this would essentially make both large scale recreaion and commercial recreation as uses permitted on appeal to the Planning Commission in I-1. Now the Ordinance allows large scale recreation (Use Unit 20) as a use by right in I-1 and does not allow Use Unit 19 in I-1 at all. David Carter brought this up about a month ago wanting to put in a skating rink. Planning Consultant Larry Wood said the site consideration is the only thing that would make them break this apart; one requires a lot of land. Now they will be able to look at both of them. Peg Anderson moved to recommend to the Board of Directors to approve the amending of Article 5,Section VIII of Appendix A as proposed. Bill Kisor seconded the motion. Donald Nickell questioned what types of recreation are allowed and Vice -Chairman Jacks read him the uses allowed. Keith Newhouse asked if Mr. Carter, who is trying to build a skating rink, had talked to the adjoining property owners and Mrs. Carter said he is waiting to see what the Planning Commission is going to do. The amendment was passed unanimously, by a vote of 7-0. The Commission discussed whether to meet on December 27. Bobbie Jones said she did not have anything pending for that date, yet. By general concensus the Commission agreed not to meet again until January 10, 1977. The meeting was adjourned at 6:00 P.M. r • • • RESOLUTION PC 74-76 WHEREAS, a public hearing was held by the Planning Commission, Monday, December 13, 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 R-76-38, Lois Cunningham (Mrs. Wood). NOW,'IHEREFORE, 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 RG2, Medium Density Residential District to I-1, Heavy Commercial and Light Industrial District, said real estate. LEGAL DESCRIPTION: Lots 7, 8 and 9, Block 2, and Lots 16, 17, 18, 19, 20 and 21, Block 3, Mitchell Addition, and that part of Edgewood Street lying between Lots 7, 8, and 9, Block 2 and Lot 21, Block 3, of Mitchell Addition. SECTION 2. That the above described property be rezoned from R-2, Medium Density Residential District to I-1, Heavy Commercial and Light Industrial District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1976. APPROVED: Ernest Jacks, Vice -Chairman • • • RESOLUTION PC 75-76 WHEREAS, a public hearing was held by the City Planning Commission, Monday, December 13, 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 B. F. and Polly Martin, R76-39 for rezoning; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVII.i.F, ARKANSAS. SECTION 1. That the petition requesting the rezoning of property, described as follows, from R-1, Low Density Residential District to R-2, Medium Density Residential District, be denied. LEGAL DESCRIPTION: Part of the NEt-,, NWt, Section 33, T -16-N, R-30-41, being more particularly described as follows, to -wit: Beginning on the South line of Whillock Street at a point which is 2322 feet South and 840 feet East of the Northwest corner of said 40 acre tract; and running thence South 1922 feet; thence East 70 feet; thence North 1922 feet to the South line of said street; thence West 70 feet to the point of beginning. ALSO, part of the NEL NW*, Section 33, T -16-N, R-3041, being more particularly described as follows, to -wit: Beginning on the South line of Whillock Street at a point 2322 feet South and 980 feet East of the Northwest corner of said 40 acre tract; thence South 1922 feet; thence East 70 feet; thence North 1922 feet to the South line of said street, thence West 70 feet to the point of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1976. APPROVED: Ernest Jacks, Vice -Chairman • RESOLUTION PC 76-76 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Monday, December 13, 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 make a recommendation to the Board of Directors on a proposed ordinance to amend Ordinance 1747 (Appendix A -Zoning, Code of Ordinances, City of Fayetteville, Arkansas) to amend Article 5, Section VIII. NCW, 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, attached hereto and made a part hereof, be adopted to amend Ordinance 1747 to amend 'Article 5, Section VIII. PASSED AND APPROVED this day of , 1976. APPROVED: • Ernest Jacks, Vice -Chairman •