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HomeMy WebLinkAbout1977-04-11 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission Monday, April 11, 1977, in the Board of Directors Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS OTHERS ABSENT: PRESENT: In the absence order. was held at 5:00 P. M., Room, City Administration Vice -Chairman Rita Davis, Peg Anderson, Ernest Jacks, Keith Newhouse, Bill Kisor, John Maguire, Donald Nickell, Jack Ray. Chairman John Power. Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, City Attorney Jim McCord, Bryce Davis, Dale Holland, Linda Middlebrook, Forest Drake, David Mitchell, H. C. Crittendon, Dean Clayton, Walter Cox, Conlee Bodishbaugh, Bob Nickell, Mr. Jewell and other unidentified persons. of Chairman John Power, Vice -Chairman Rita Davis called the meeting to The first item for discussion was the approval of the minutes of the Planning Commission Meeting of March 28, 1977. Keith Newhouse said that the minutes should read "MEMBERS ABSENT" instead of "MEMBERS PRESENT". With this correction the minutes were approved as mailed. MINUTES Commissioner Donald Nickell said he would have to abstain on items 5 and 7 --on Petition 5 he is going to represent the church and the petitioner on Item 7 is a close relative. The first item for discussion was the approval of the Final Plat for Hyland Park, Phase 3, Block 6, located East of Crossover Road (Highway 265) between Phases 1 and 2; Developer, Hyland Park, Inc. HYLAND PARK Phase 3, Block 6 Final Plat No one was present to represent. Ernest Jacks said the Subdivision Committee had looked at this and it looks good except for two minor details. Mr. Jacks moved to approve the Final Plat for Hyland Park, Phase 3, Block 6, with the provision that (1) the radius be shown on the cul-de-sac on Hyland Park Road and (2) the dimension be shown on the triangular easement between Lots 3 and 4; and (3) a contract be furnished to the City for improvements. Bill Kisor seconded the motion, which was passed unanimously. Peg Anderson questioned if there should be a green area for public use in these subdivision plans. She said it disturbs her that they are developing these areas with no public space. She said as planners the Commission should look forward to the City's needs for parks. City Attorney Jim McCord said this had came up to the Board of Directors several months ago and he had prepared a memorandum to the Board on the legality of requiring the subdivider to set aside areas for recreational facilities and suggesting that if the Board wanted to amend the Ordinance to require that they set aside some area as public area, he would draft an amendment to the ordinance. He said he would give the Planning Commission a copy of this memorandum and then if the Planning Commission wanted to amend the Subdivision Ordinance, they could. Dale Holland said all of this seems to be great, but if they continue to increase the cost of subdividing they will only have very expensive property. He said he feels the City should bear some of this expense. Rita Davis said she had noticed that everything in Hyland Park is very close together. Peg Anderson asked that Jim McCord give the Commissioners a copy of the memorandum which he had sent to the Board of Directors. The Commission also asked City Attorney McCord to prepare a draft of an ordinance whereby the City could require developers to reserve areas for parks or other public use. Planning Commission Meeting April 11, 1977 -2- The next item for discussion was the public hearing on Rezoning Petition No. R77-6, Linda Middlebrook, to rezone property located on the Southwest corner of Highway 45 East (Mission Blvd) and Greenview Drive from R-1, Low Density Residential District to R-2, Medium Density Residential District. Linda Middlebrook was present to represent. Linda Middlebrook asked that this be tabled until after the study on Highway 45 East which is to be presented at the April 25 meeting. Bill Kisor moved to accept the tabling of Rezoning Petition R77-6 until May 9. Peg Anderson seconded the motion, which passed unanimously. The fourth item for discussion was the public hearing on Rezoning Petition No. R77-7, Bryce J. Davis, to re- zone property located East of Porter Road on the South side of Hatfield from R-1, Low Density Residential District to R-2, Medium Density Residential District. Bryce J. Davis was present to represent. Vice -Chairman Rita Davis said that people who attend the meeting often do not see the planning report which the Commission gets from Planning Consultant Larry Wood, who studies each item and makes a recommendation. She read the following report from Larry Wood: Rezoning Petition R77-6 LINDA MIDDLEBROOK SW Corner of Hwy 45 East $ Greenview Drive Rezoning Petition R77-7 BRYCE J. DAVIS East of Porter Rd. $ South side of Hatfield FINDINGS Zoning Pattern --The adjacent property in all directions is zoned R-1 District. There is an R-2 District approximately 1300 feet to the west and a:P-1 District about the same distance to the northeast. Land Use --The adjacent property in all directions contains single-family homes. One block to the north on Holly Street are five duplexes and one block to the south on Wedington Drive is a non -conforming grocery store. Water and Sewer --Water and sewer facilities are available from Porter Road and Hatfield Street. Fire Protection --No problem. Master Street Plan --Porter Road is identified as a collector street and Hatfield Street as a local street on the Master Street Plan. General Plan --The General Plan recommends low density residential as the future land use for this area. RECOMMENDATION The requested R-2 District is not recommended for the following reasons: 1. The surrounding property is single-family in nature and the R-2 District would permit uses not allowed on the other properties; and, 2. The request is contrary to the General Plan recommendations and does not serve a public purpose such as buffering, screening, or stabilizing property values. The duplexes which exist in this area were constructed during the time when the zoning ordinance allowed them as a matter of right in the zoning district. Bryce Davis showed the Planning Commission a plat of the location of the property as it is now. He said there are six duplexes one block to the north. He said if they had a lot that contained 12,000 square feet instead of 8,000 square feet they would not have asked for rezoning to R-2. With 8,000 square feet there is nothing you can put on there in R-2 except a duplex or a single family dwelling. Across the street to the north is a sewage lift station; the property immediately around except for two pieces of property, is rental property, which is what they are planning for this lot. He showed the Planning Commission the plans for what they are proposing to build. • • • Planning Commission Meeting April 11, 1977 -3- There was no one present in opposition. Peg Anderson asked Bryce Davis if he had talked with any of the neighbors. He said he had --the lady to the east and Leo Thomas to the south are in favor of the duplex. The other owners are not local people so he couldn't reach them. Rita Davis said the area there does appear to be rental property. John Maguire asked if they could build this with a variance instead of rezoning. Bobbie Jones said he could request one but she didn't know if the Board of Adjustment would grant a variance or not. John Maguire said the best solution would be to get a variance, and Rita Davis agreed that she would rather see a variance than the spot zoning. John Maguire moved that the Planning Commission recommend that this go to the Board of •Directors with a favorable recommendation from the Planning Commission to reduce the lot size. The motion died for lack of a second. City Attorney Jim McCord mentioned that there is a notification requirement for duplexes in R-1 so they would need to table the rezoning until they go to the Board of Adjustment. He also mentioned that he doesn't feel the Planning Commission should start recommending what the Board of Adjustment should do. After some discussion John Maguire moved to table this rezoning request until Bryce Davis has gone to the Board of Adjustment for a variance and to allow Mr. Davis to process a conditional use request Rita Davis asked Bryce Davis if this would be all right with him and he said "yes". He asked that the Commission write a letter to the Board of Adjustment stating that they are in favor of the duplex, but they would rather not spot -zone the property. Jim McCord suggested that they go ahead and notify the adjoining property owners for the variance and the conditional use request. Ernest Jacks seconded John Maguire's motion to table the Rezoning Petition R77-7, and consider at the next meeting the conditional use request. If the Board of Adjustment doesn't approve the variance, they will rehear the rezoning request within 45 days. The motion to table passed unanimously. Peg Anderson asked that the minutes of this meeting be given to the Board of Adjustment so the Board of Adjustment will know the Planning Commission's feelings on this item. Next was the public hearing on Rezoning Petition Rezoning Petition R77-8 No. R77-8, Mary Porter, to rezone property located MARY PORTER East of Porter Road and North of Lawson Street, E. of Porter Rd. g N. of Lawson from R-1, Low Density Residential District, to P-1, Institutional District. Commissioner Donald Nickell represented the petition. Rita Davis read Planning Consultant Larry Wood's report. FINDINGS Zoning Pattern --The adjacent property in all directions is zoned R-1 District. There is a P-1 District approximately 700 feet to the east. Land Use --The property under application is vacant. To the east is a vacant tract which was approved for a church February 14, 1977. To the south are single-family homes and duplexes. To the west are several large tracts with single-family homes. To the north is a 10 acre tract with a single-family home and north of it several other single-family homes. Water and Sewer --Water facilities are available from Porter Road. Sewer facilities will have to be extended from Sang Avenue, Lawson Street or Holly Street and Porter Road. Fire Protection --Sufficient water to fight a fire at this location will continue to be a problem until the existing 4 inch line is reinforced. Master Street Plan --The Master Street Plan identified Porter Road as a collector street. General Plan --The General Plan recommends low density residential as the future land use for this area. Planning Commission Meeting April 11, 1977 -4- RECOMMENDATION The requested P-1 District is recommended for the following reasons: 1. A part of the purpose of the district as stated in the ordinance is to facilitate church related organizations such as the one included in this application; 2. The General Plan does not attempt to preplan church locations, so the locations and zoning thereof must be on an individual basis by the Planning Commission and the City Board; and 3. The property is large enough to accommodate the use intended. POSSIBLE PROBLEMS. The P-1 District does allow uses not allowed in the R-1 District and the property could be used for purposes not compatible to the surrounding single-family area. A church will generate more traffic creating a greater dust problem on the gravel road. Donald Nickell said Calvary Baptist Church is presently located on the corner of Maple and North West Streets. They have a problem with space there. The Church has a contingency offer with Mrs. Porter for the 5 acres. He showed a petition of area property owners in favor of the rezoning. He said he feels P-1 is the proper zoning for the Church, and the church would be within its own rights in P-1. Peg Anderson mentioned that high density residential is allowed in P-1 and Donald Nickell said they have no plans at all for anything like this. Bobbie Jones stated that high density residential is a conditional use in P-1 and could be denied by the Planning Commission. No one was present in opposition. There was some question as to whether the water would be sufficient for fire protection. Donald Nickell said the 6 inch water line is 500 feet down the road from the property. Jim McCord said the City plans to reinforce the lines in that area. Bill Kisor moved to recommend to the Board of Directors that Rezoning Petition R77-8 be approved. Jack Ray seconded the motion, which passed 7-0-1, with Nickell abstaining. The next item for discussion was the public hearing on Rezoning Petition R77-9 Rezoning Petition No. R77-9, Cleo G. Padgett, to rezone CLEO G. PADGETT property located North of Bailey Street and West of the North of Bailey St. St. L. 8 S. F. Railroad from A-1, Agricultural District to R-3, High Density Residential District (39 feet is inside the City Limits and the balance of the 5.61 acres is in Greenland). No one was present in favor or in opposition. John Maguire asked Bobbie Jones if she knew what this rezoning petition was for and Bobbie Jones said she had talked with Mrs. Padgett but she hadn't stated what she intends to do with the property. Jack Ray questioned what the City of Fayetteville would do as far as fire protection, police, etc. if part of the structure was in Fayetteville and part in Greenland. Peg Anderson moved to deny the petition on the basis of the Planning Consultant's report. Keith Newhouse seconded the motion which passed 5-3, with Ray, Kisor, Anderson, Davis and Newhouse voting "Aye" and Jacks, Nickell, and Maguire voting "Nay". The seventh item for discussion was the public Rezoning Petition R77-10 hearing on Rezoning Petition No. R77-10, Buron BORON NICKELL Nickell, to rezone property located Northwest of. NE of Township $ Old Wire Road the intersection of Township Road and Old Wire Road from R-1, Low Density Residential District to R-2, Medium Density Residential District:, Vice Chairman Rita Davis read the following planning report from Larry Wood: • • • Planning Commission Meeting April 11, 1977 -5- FINDINGS Zoning Pattern --The adjacent property in all directions is 'zoned R-1 district. Land Use --The property under application is an irregular shaped tract extending north and south approximately 1700 feet. The southern portion of the property along Town- ship abutts single-family homes to the east and west. The middle portion of the property abutts undeveloped land to the east and west. The northern part abutts single-family homes on the east and undeveloped land on the west. To the south across Township Road are single-family homes and duplexes. Water and Sewer --Water and sewer facilities are available from Township Road and Elizabeth Avenue. Fire Protection --No problem. Master Street Plan --The Master Street Plan identifies Township Road as a minor arterial. General Plan --The General Plan recommends low density residential as the future land use for this area. RECOMMENDATION This general area has been subject to development difficulties because of topography and lack of water. The lower areas around the base of the hill have developed as single-family, leaving the higher elevations with large, irregular and awkward develop- ment parcels. There is poor north -south and east -west access through this area. It is possible that multi -family development may be appropriate for portions of this area but before such a commitment is made it should be studied and preplatted to determine an acceptable development pattern. Until such a development plan is approved development patterns such as R-2 should not be encouraged. Forest Drake was present to represent. He said it would seem that this wouldn't be offensive to anyone. He said he would like to see the property rezoned to R-2, Medium Density Residential John Maguire questioned what the topography is across the land. Forest Drake said the land slopes to the north and east about a third of the way back. The fall across the property from side to side would be about 8-10 feet. John Maguire asked if they are planning on having a road there or if it would be a private road on a private strip of land and Forest Drake said they were planning on a private road. David Mitchell, 2623 Elizabeth, said that by the time they take a street and meet the setbacks, he feels he would be facing nothing but building and asphalt and he is very much opposed. Mr. H. C. Crittenden, 2641 Elizabeth, said he is also opposed. Dean Clayton, 2805 Sheryl Avenue, said he is also opposed. Walter Cox, Attorney for some of the property owners, and also speaking for himself, said the south boundaries of his lot would abut the strip and he is very much opposed. The lots to the north were purchased and developed with the idea of some seclusion. It would be very detrimental to the land. He represents the owner of the six acre tract to the West who is also very much opposed. He feels this would defeat their purpose in buying this property. Dean Clayton said he owns the 7 acres to the east and said he has been looking for an R-1 district like this for the purpose of seclusion. He also questioned how they are planning to reach the sewer. Mr. Clayton said he had purchased a lot on Elizabeth so he would have access for sewer for his 7 acres. His home is on Sheryl. He said he agrees with Larry Wood's planning report and not knowing what they are planning to do there he would be against the rezoning. Conlee Bodishbaugh, who also lives on Elizabeth, said Elizabeth is fully developed. It would depreciate the property there if duplexes were allowed. His property is 140 feet deep and he has a 16 foot slope so he would think that if it gets steeper the further up you go, it would be extremely difficult to develop anything there and whatever was built would tower over it. He stated that as an adjoining property owner he would be opposed. • • Planning Commission Meeting April 11, 1977 -6- Dale Holland, 2584 Elizabeth stated that this whole area is R-1. A duplex would be inappropriate to this district. Rita Davis said she feels that this particular part of Township is still R-1 on both sides. She said that there are some very attractive homes there. Peg Anderson said she feels there is no way anything can be built on this steep slope. No matter what is built there, there will be drainage and sewer problems. John Maguire moved that the petition No. R77-10 for rezoning be denied. Peg Anderson seconded the motion which passed 6-0-2, with Donald Nickell and Rita Davis abstaining. Next was a conditional use request for a temporary CONDITIONAL USE REQUEST tent revival at 4770 North College Avenue submitted Tent Revival by W. J. Neptune. A temporary tent revival is included 4770 North College in Use Unit 2 as a City-wide use by conditional use permit. The use is requested for May 1, 1977 to June 5, 1977. Bobbie Jones said they plan to start services at the tent revival on May 15. Bill Kisor mentioned that they are asking for too much time. No one was present either in favor or opposition. Bobbie Jones said a temporary occupancy permit is valid for 7 days and can only be granted at the same location for three days in any 90 -day period (Article 7, Section 6, Zoning Ordinance). Peg Anderson asked if they are aware of that rule and Bobbie Jones said she didn't think so. Ernest Jacks moved to table the petition and provide the petitioner with that information. Bill Kisor mentioned that they would be right next to the Little League ball park. Donald Nickell said he sees nothing wrong with the tent revival. He said he feels they should table the request until they can come back in and conform to the law. Ernest Jacks made a motion to table the request for a conditional use at 4770 North College and let them know about the law and also request someone to be here to represent them. Donald Nickell seconded the motion. Peg Anderson questioned if they would have to start counting the 21 days from the day they occupy the ground or the day they begin the revival. She said she is inclined to deny the petition. Rita Davis asked Bobbie Jones to let the petitioner know the Planning Commission would like to discuss this with them at the April 25 meeting. The motion to table passed unanimously. Next was an amendment to a conditional Amendment to Conditional Use Request use request for two duplexes on 242, 244, Wm. Kennedy $ Robert F, Charles Nickle 234, 236 Baxter Lane submitted by William Baxter Lane P. Kennedy and Robert and Charles Nickle. The conditional use requests were approved at the November 22, 1976 Planning Commission meeting. The surveyor contacted, indicated there is 15 feet less of the total property or encroachments of other property. Bob Nickle was present to represent. He said they took the original plat off of the City plat book. It showed 185 feet. They did a lot split which came up at 92.5 feet per lot. Frank Blew came out to survey the property and he said they would have all kinds of problems. However without the 15 feet, they still had enough lot area and could meet the frontage requirements so they decided to keep the original distance from the adjoining property to the East and move the duplexes closer together. Peg Anderson asked if they could still save the trees there and Mr. Nickle said "yes". Bobbie Jones said they have increased the building size by two feet. Bob Nickle said each side of the duplex is now 900 square feet. Mr. Jewell, an adjoining property owner, was present and said he is not opposed to the duplexes. Ernest Jacks moved to approve the amendment to the conditional use request. Keith Newhouse seconded the motion which passed unanimously. • • • Planning Commission Meeting April 11, 1977 -7- Bobbie Jones mentioned the cost of publishing the Planning Commission agenda in the newspaper.would be approximately $1.57 per column inch.and would cost $15.00-$20.00 per agenda. Bill Kisor said he would in_.the paper Jim McCord said he feels that they need to have approval to have the agenda published. Bill Kisor moved to request an appropriation from the City Board of Directors to the Planning Commission agenda. Peg Anderson seconded the motion, which passed unanimously. PUBLISHING THE AGENDA like to have this notification from the Board of Directors Peg Anderson mentioned that the Commission was supposed to look at the lot split ordinance at this meeting. After some discussion, the Commission decided to leave the lot split ordinance as it is. publish LOT SPLIT ORDINANCE The meeting was adjourned at 6:30 P. M. r • RESOLUTION PC 14-77 WHEREAS, at its regular meeting on Monday, April 11, 1977, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat dated , 19, known as Hyland Park, Phase 3, Block 6 submitted by Hyland Park, Inc. and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Hyland Park, Inc. enter into and furnish the City with the necessary subdivision contract 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 FAYETTEVIJT.F, ARKANSAS. SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the Hyland Park, Phase 3, Block 6 subdivision described as follows: LEGAL DESCRIPTION: Part of EA of the SE4, Section 11 a part of the SW4 of Section 12, including a part of the replat of Lot 18, Block 5, Hyland Park, Phase 2, all in T -16-N, R -30-W, Washington County, Arkansas, more particularly described as follows: From the NW corner of the SW4, of said Section 12, run S 01° 41' 55" E, 60 feet to the point of beginning; thence S 01° 41' 55" E, 1022 52 feet; thence S 67° 11' 41" E, 201.99 feet; thence S 01° 13' 24" E, 152.76 feet; thence 48.60 feet along a curve to the right having a delta angle of 11° 35' 38" and a radius of 240.17 feet; thence S 09° 00' 54" W, 50.27 feet; thence 27.47 feet along a curve to the right having a delta angle of 5° 25' 23" and a radius of 290.17 feet; thence N 70° 09' 35" W, 55 feet; thence S 34° 54' 50" W, 140 feet; thence S 46° 30' 24" E, 228.29 feet; thence N 86° 31' 52" E, 231.2 feet; thence N 59° 28' 27" E, 253.78 feet; thence N 06° 15' 33" E, 250.21 feet; thence S 78° 14' 42" E, 471.86 feet; thence S 89° 36' 42" E, 269.49 feet; thence N 49° 12' 07" E, 50 feet; thence N 44° 15' 30" E, 230 feet; thence N 47g 23' 29" W, 370 feet; thence N 66° 19' 55" W, 584.04 feet; thence N 84 51' 35" W, 365 feet; thence N 54° 11' 56" W, 100 feet; thence N 63° 44' 22" E, 14.3 feet; thence N 00° 49' 06" W, 92 feet; thence N 09° 04' 47" E, 105 feet; thence N 37° 36' 25" E, 179.72 feet; thence N 59° 53' 58" W, 200.7 fee; thence 76.26 feet along a curve to the right having a delta angle of 54 41' 07" and a radius of 79.90 feet; thence S 88° 46' 10" W, 354.86 feet to the point of beginning, containing 26.7 acres, more or less. PASSED AND APPROVED this day of , 1977. ATTEST: Keith Newhouse, Secretary APPROVED: Rita Davis, Vice -Chairman • • RESOLUTION PC 15-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, April 11, 1977, 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 Rezoning Petition R77-8, Mary E. Porter. NCW, 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 R-1, Low Density Residential District to P-1, Institutional District, said real estate. LEGAL DESCRIPTION: The Wi of the Si of the Si of the NW* of the Section 8, T -16-N, R -30-W, of the 5th Principal Meridian, containing 5 acres more or less, Wash- ington County, State of Arkansas. SECTION 2. That the above described property be rezoned from R-1, Low Density Residential District to P-1, Institutional District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: Rita Davis,. Vice -Chairman • • • RESOLUTION PC 16-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, April 11, 1977, 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 Mrs. Cleo G. Padgett, R77-9 for rezoning; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That described as follows, Residential District, the petition requesting the rezoning of property, from A-1, Agricultural District to R-3, High Density be denied. LEGAL DESCRIPTION: Part of the SE*, SE*, Section 32 and part of the SW*, SW4, Section 33, T -16-N, R -30-W, described as follows, to -wit: Beginning at the Northeast corner of said SE*, SE;, Section 32, thence West 0.594 chains, thence South 7.295 chains, thence East 8.854 chains to the West line of the right of way of St. Louis and San Francisco Railroad, thence Northerly along the West line of said right of way to the North line of the SW,i-,, SW*, Section 33, thence West 7 chains to the point of beginning con- taining 6 acres, more or less. Less and except that portion included in Bailey Drive. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1977. APPROVED: Rita Davis, Vice -Chairman