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HomeMy WebLinkAbout1977-01-24 Minutes• • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:15 P. M., Monday, January 24, 1977, in the Board of Directors Room, City Administration Building, Fayette- ville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Vice -Chairman Ernest Jacks, Keith Newhouse, Bill Kisor, John Maguire, Donald Nickell, Jack Ray, Rita Davis, Peg Anderson. Chairman John Power. Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, Lowell A. Wetherbee, Sr., Suzie and Paul Marinoni, Jr., Jerry Sweetser, Neal Albright, Fire Chief Charlie McWhorter, Ken Riley, Jim Ogden, Harold Lieberenz, City Manager Don Grimes, and other unidentified persons. In the absence of Chairman John Power, Vice -Chairman Ernest Jacks called the meeting to order. The minutes of the January 17, 1977, Planning Commission meeting were approved as mailed. Vice -Chairman Jacks opened the public hearing on Rezoning Petition No. R77-1, Lowell A., Sr. and Mollie J. Wetherbee, to rezone property located West of College Avenue and North of Township Road, from A-1, Agricultural District to C-2, Thoroughfare Commercial District. Lowell A. Wetherbee, Sr. was present to represent. Plannjng.Consultant Larry Wood summarized his Planning Report. He said this is the last of time zoned commercial. north and it is MINUTES LOWELL A. WETHERBEE, SR. Rezoning Petition R77-1 W. of College F, N. of Township two pieces left on the north side of Township that are not at this It.is zqned commercial on the east, west, and south and R-0 to the logical that this piece be used for commercial purposes. Mr. Wetherbee said the piece of land he is asking to have rezoned is the piece of open ground first adjacent to Whit Chevrolet. Roman's house is on the west; Township Road is on the south; and the medical facilities are on the north. No one was present in opposition. Peg Anderson moved to recommend to the Board of Directors that they approve the Petition, No. R77-1, from A-1 to C-2. Bill Kisor seconded the motion, which was passed unanimously, by a vote of 8-0. The second item for discussion was the duplex conditional use request submitted by Paul Marinoni, Jr., for property located South of Wedington Drive and West of Lonnie Avenue, property zoned R-1, Low Density Residential. d.s (Lyle.v c_ u Vice -Chairman Jacks said the Subdivision Committee had went over a Large Scale Development on November 22, 1976, and made several stipulations about extending the street in the future and other things, but the conditional use had been denied by the Planning Commission. He said the By-laws of the Planning Commission say that the Commission would have to agree unanimously to rehear the request. Bobbie Jones said to rehear the same case they do, but Mr. Marinoni went through the whole process as though it were a new one so on that basis he felt it should be heard. The only change is that there is no longer a For Sale sign on the property. Rita Davis stated that the By -Laws need to be amended to set a time limit within which a matter could not be brought up again. Vice -Chairman Jacks said rezonings do have a time limit (in the Zoning Ordinance) but the conditional uses do not. He said he felt they should allow the rehearing. Rezoning PAUL MARINONI, JR. Duplex Conditional Use S. of Wedington F, W. of Lonnie Ave. • • • Planning Commission Meeting January 24, 1977 Peg Anderson stated that since Mr. Marinoni was allowed to go through the whole process and pay the fee he should be reheard. Rita Davis said they turned down Mr. Graue on Elm Street and voted not to rehear him. Donald Nickell said he felt they should rehear it since the City Attorney agreed that they should rehear it. Mr. Newhouse moved to rehear the conditional use request for Paul Marinoni, Jr. Jack Ray seconded the motion. Rita Davis said Jim McCord, City Attorney, said this is not a rehearing --it is a new petition. Vice -Chairman Jacks said the By -Laws don't say anything about reopening conditional uses. Bobbie Jones said Jim McCord said the By -Laws should be amended to specify a period of time within which a case could not be reopened. John Maguire stated that if someone changed a rezoning petition, the Planning Commission does hear it. That was the basis on which they heard Mr. Estes. He said unless Mr. McCord has some reason he (Mr. Maguire) doesn't understand, he would not be for reopening this. Larry Wood said he thought the intent of the phrase in the By -Laws is that once the Planning Commission has heard an issue and voted they couldn't turn around the next week and rehear it without notifying the adjoining property owners. It is a check on the Planning Commission to keep them honest. He said he believes Mr. McCord is saying that if it is a new application there is really nothing to stop the petitioner from refiling. Rita Davis stated that she feels it is a check on the people to keep them from refiling. She doesn't think it is fair for the neighborhood people to have to come back every week to rehear a request. On this particular time, she said she thought the Planning Commission should rehear it, though, because the By -Laws are not clear. Jack Ray said it seems like the only decision is whether this is a new filing or an old one and he was under the opinion this is a complete new refiling. Vice -Chairman Jacks said it seems to him that it is the same petition. Mr. Ray stated that if -this is the same petition all over, he would be forced to withdraw his second. Bill Kisor said that with Mr Marinoni acting on the opinion of the City Attorney, he thinks the Planning Commission should rehear it. Mr. Maguire asked why the City Attorney was not present. He said in the last six or seven years while he has been on the Planning Commission, they haven't reheard any conditional uses once final action has been taken. Vice -Chairman Ernest Jacks said this petition falls into the category of being "final action previously taken" and will take unanimous consent of the Planning Commission to rehear it. Bill Kisor seconded the original motion to rehear the conditional use request for duplexes. The motion failed to pass 6-2, with Jacks, Ray, Kisor, Anderson, Nickell, and Newhouse voting "Aye" and Davis and Maguire voting "Nay". Peg Anderson stated that Mr. Marinoni should receive a refund on his fee. (Planning Office note: there is no fee charged for conditional uses.) The next item for discussion was the approval of the Jerry Sweetser preliminary plat of Azalea Terrace, located South of AZALEA TERRACE Old Wire Road at the end of Colette; Jerry ,S. of Old Wire Rd. at end of Colette Sweetser, Developer. Jerry Sweetser and Neal Albright were present to represent. Vice -Chairman Jacks said the Subdivision Committee recommends that the Planning Commission waive the street light spacing in one instance to 330 feet. They need to require that the land near the creek (from the property lines he is showing to the centerline of the creek) be shown as a separate lot (No. 41) on the plat, the ownership of which Jerry Sweetser will retain; the street right-of-way should be changed to a normal width between Lots 35 and 36 and the rest will be retained as part of Lot 41; the maximum length of a dead-end street be waived. The Subdivision Committee recommends these items be accepted as part of the approval. A portion of the subdivision is in the flood plain but Mr. Jacks said he didn't think at this point, they could do anything about that. He said on the street Planning Commission Meeting January 24, 1977 -3- which Mr. Sweetser is going to develop, Azalea Terrace, out to Old Wire Road, he doesn't want to have sidewalks on it and he doesn't plan to have street lights on it. The Crdinance says the Subdivider may be required to install off-site improvements where the reed for improvements are created by the proposed subdivision. The Subdivision Committee recommends the items previously mentioned and they ask the Planning Commission's opinion about the street lights and sidewalks on Azalea Terrace on out to Old Wire Road. Feg Anderson said the purpose of the Ordinance seems to be to get the sidewalks and street lights built and it should be considered a requirement. She said she would be willing to waive the distance on the street lights but she thinks enforcing the requirement for side- halks was the intention of the Ordinance. John -Maguire asked if Jerry Sweetser had to build the street, curb, and gutter on Azalea Terrace but not on Colette and Vice -Chairman Jacks said "yes". Colette will only be paved inside the subdivision, not North of it. John Maguire said it seems that if he builds the street, whoever owns the property along the street may be tempted to sell lots fronting on it. He said he would be in favor of waiving the sidewalks for a period of time. Jerry Sweetser said if the Planning Commission keeps adding on to the requirements, it would not be feasible for him to develop this. He said he is showing the sidewalks within the subdivision. Bill Kisor moved to approve the Preliminary Plat of Azalea Terrace (1) waiving the street lights and sidewalks from the subdivision out to Old Wire Road; (2) waiving the maximum length of a dead-end street on both ends of Magnolia Drive; (3) create Lot 41 from the boundary of the Subdivision south to the centerline of the creek to be retained as a lot by Jerry Sweetser; (4) waive the spacing between street lights to permit 330 feet in one instance; and (5) the street right-of-way be constant. Jack Ray seconded the motion, which was passed 7-1, with Ray, Kisor, Davis, Jacks, Nickell, Newhouse, and Maguire voting "Aye" and Anderson voting "Nay". The next item for discussion was the approval of the recommended Community Fire Protection Plan prepared by the Fayetteville Fire Department, Northwest Arkansas Regional Planning Commission. Vice -Chairman Jacks questioned the wording about the fee for outside the City calls and a fire protection fee for tax exempt properties. Charlie McWhorter, Fire Chief, said they are already collecting a fee on runs made outside the City Limits. It is a must at this time, but there is not presently a fire protection fee for tax exempt properties inside the City. Vice -Chairman Jacks said Mr. McWhorter has established a budget which really doesn't commit anybody to anything at this point, but gives a general idea. Keith Newhouse asked about the East Side Fire Station. Charlie McWhorter said it is budgeted for this year. The location still hasn't been decided. This budget is only a guide to be used for budgeting. It is flexible. Peg Anderson questioned what the reason was for the Fire Protection Plan coming to the Planning Commission. Charlie McWhorter said it has already been approved by the Board but Mr. Grimes suggested that it be presented to the Planning Commissionso they would be informed about what is happening. Keith Newhouse made a motion that they approve the Fire Protection Plan as outlined. Jack Ray seconded the motion, which was passed unanimously. COMMUNITY FIRE PROTECTION PLAN City Manager's Office and the The last item for discussion was a review of a request to AMEND ZONING ORDINANCE amend the Zoning Ordinance to clarify the minimum Individual Mobile Home Park Lots lot sizes for a lot within a mobile home park when said lot is intended for individual ownership. Vice -Chairman Jacks said 4200 square feet is the minimum lot area listed in the mobile home park ordinance. He asked what the difference would be whether it was for sale or not. Jim Ogden said when they first developed the mobile home park, they didn't intend to sell any of the lots, but now they would like to have the option to sell the lots if they want to. He said he had a meeting with Mr. Lieberenz, Jim McCord and Marshall Carlisle and Bobbie Jones, and they thought it would be good to get the Planning • • • Planning Commission Meeting January 24, 1976 Commission's view on this. Jim Ogden said there isn't a provision saying you can or can't sell the lots. Larry Wood said they would now be getting into a change of ownership. The Mobile Home Park may pull out and you would have an individual lot of 4200 square feet which would not meet the minimum lot size for a single-family dwelling. Jim Ogden said he would not sell the lots.as lots. The prefabricated home will be set on the lot permanently with all improvements, driveways, carports, etc. There will be covenants for repurchase. Larry Wood said if the mobile home burned down they would not be able to build a single family dwelling, all they would have room for would be another mobile home. Jim Ogden said they are not planning on changing the preliminary plat in any way. The streets, utilities, etc. will meet the standards of a subdivision. They have a few lots that wouldn't meet the 6,000 square feet requirement or the 60 feet lot width. He said if it would have to meet the 6,000 square feet, he would. He stated that he doesn't really think this is fair because if you are talking about manufactured houses, he thinks it should come under the mobile home code. Larry Wood asked Mr. Ogden if he planned on selling out the entire mobile home park and Mr. Ogden said "yes" if they don't put the 6,000 square feet requirement. Larry Wood asked if there is a provision for keeping up the recreation area and Mr. Ogden said "yes". John Maguire said he is not against the concept of smaller lots. The problem he has with the proposal is the separate designation of building types. He said he wouldn't want this approved where you could sell houses on a spot basis. It should be a contiguous area that meets some sort of subdivision regulations. Keith Newhouse mentioned that the size of mobile hones has changed. They now run from 12-65 feet and are 14 and 28 feet wide. Donald Nickell said he is opposed to the lots in the City of Fayetteville being any smaller but he sees Mr. Ogden's problem as different. If the home burned down, it should be so that he could only replace it with a mobile home. Mr. Ogden said there are a lot of people who need houses in this price range. Vice -Chairman Jacks said what the Planning Commission is being asked to do is allow a lot size of less than 6,000 square feet and 60 feet lot width in a mobile home park. Peg Anderson asked if this would be like a Planned Unit Development. Larry Wood said in a Planned Unit Development the total land area is still there but in this there is no guarantee the other 2200 square feet is in recreational. Bobbie Jones said in a Planned Unit Development you have to have a 1600 square feet lot that you own outright. Then you have to have the difference between the 1600 and 6,000 square feet in common open space for each unit.there. Peg Anderson stated that you would have to replace a Planned Unit Development with what was there. The same thing would be with a mobile home. Larry Wood said a deed restriction should get them out of this problem. Vice -Chairman Jacks said he sees nothing wrong with selling the property in a mobile home park. Peg Anderson moved general approval of the idea of selling lots in a mobile home park but wants to refer it to the City Attorney to draw up an Ordinance for them to look at. Bill Kisor seconded the motion, which was passed 8-0. Vice -Chairman Jacks appointed a Nominating Committee of John Maguire, Keith Newhouse, and Peg Anderson to report to the Planning Commission on February 14, 1977, for the election of officers. Rita Davis asked that City Attorney Jim McCord be at the next meeting so they can talk about amending the By -Laws. The meeting was adjourned at 6:08 P. M. RESOLUTION PC 5-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, January 24, 1977, 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 R77-1, Lowell A. and Mollie Wetherbee. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIITF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: A part of the SW4 of Section 35, T -17-N, R -30-W, described as beginning at a point 1222.32 feet West of the Southeast corner of said quarter; thence North 325.38 feet; thence West 233.43 feet; thence South 325.38 feet; thence East 233.43 to the place of beginning, containing 1.74 acres more or less, except 30 feet off the South side for a public road, said land being in the City of Fayetteville, Arkansas. SECTION 2. That the above described property be rezoned from A-1, Agricultural District to C-2, Thoroughfare Commercial District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of APPROVED: , 1977. Ernest Jacks, Vice -Chairman • RESOLUTION PC 6-77 WHEREAS, Arkansas State Statute 19-2827 requires that all public improvements will be referred to the Planning Commission for review and approval prior to adoption; and WHEREAS, the Fayetteville Fire Planning Project Team and the Fire Planning Advisory Task Force have caused to be prepared a publication entitled "Fayetteville Community Fire Protection Planning Process Resource Data" which addresses the systematic planning; and WHEREAS, the system described in the aforesaid document has been recommended by the Fire Planning Advisory Committee; and WHEREAS, The City Planning Commission of the City of Fayetteville, Arkansas, did review the aforesaid plan at a meeting held January 24, 1977, and the City Planning Commission voted to recommend to the City Board of Directors that the aforesaid plan be adopted for implementation as resources are available. NGW,THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILTF, ARKANSAS: Section 1. That the document entitled "Fayetteville Community Fire Protection Plan" dated January, 1977 be adopted as the official City of Fayetteville, Arkansas Fire System Plan for the purpose of long range departmental administration and budgeting for the Fayetteville Fire Department. A copy of said document, marked "Exihibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED this 24th day of January , 1977. APPROVED: Ernest Jacks, Vice -Chairman Fayetteville Planning Commission