Loading...
HomeMy WebLinkAbout1977-05-23 Minutesr • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, May 23, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman John Power, Peg Anderson, Vice -Chairperson Rita Davis, Keith Newhouse, Ernest Jacks, Bill Kisor, John Maguire, Donald Nickell, Jack Ray. MEMBERS ABSENT: OTHERS PRESENT: None. Bobbie Jones, Angie Medlock, David McWethy, City Attorney Jim McCord, Scott Van Laningham, Brenda Blagg, Jerry Bird, General Bruce Kendall, Dr. John Andre, Lamar Pettus, Jim Ogden, Rick Cowdrey, Russell P. f E. Lorene Jack, Walter Niblock, Larry Wayne Martin, Wade Bishop, Chuck Ogburn, Harry Gray, Hal Douglas, and other unidentified persons. Chairman John Power called the meeting to order. The minutes of the Planning Commission Meeting of May 9, 1977 were approved as mailed. • MINUTES Chairman John Power said they have a written request to table the preliminary plat of Miller's Addition. Jack Ray made a motion to table this until June 13. Bill Kisor seconded the motion, which passed unanimously. Chairman Power said he had received a phone call from Harrison Davis who asked to table his conditional use request for duplexes until June 13 "for personal reasons". Jack Ray made a motion to accept the table. Ernest Jacks seconded the motion, which passed 8-1, with Davis voting "Nay". There were several people present in opposition and Chairman Power explained that it has been the policy of the Planning Commission to accept a request for tabling an item by a phone call on the first table. He said Mr. Davis had requested it be tabled for personal reasons and he didn't feel that, as Chairman, he had the rikht to question his personal reasons on the first request to table. He said this would be heard on June 13. The first item for discussion was the SUBDIVISIONS IN THE CITY'S recommendation by a committee composed of PLANNING AREA Keith Newhouse, Peg Anderson, John Maguire, and Ernest Jacks on the regulations for subdivisions in the City's Planning Area. Peg Anderson said she understands the City Board is wanting a list of recommendations for changes for subdivisions in the Planning Area. She stated that the Subcommittee has had one meeting with the County and two meetings within themselves. She said the list they had prepared for the Planning Commission would be their recommendations and then they would get with the County to see if they can come into agreement. Peg Anderson said it is important to realize the issues --she said the City Board of Directors want orderly growth where services exist. It is on this basis they have asked the Planning Commission to put together some guidelines. She mentioned that there are legal issues to be considered and she asked Larry Wood to tell what problems would be involved from a planning point of view. Planning Consultant Larry Wood urged the Planning Commission to consider going beyond this point of the "regulations". He said the real problem to face in the growth area is a problem of growth itself. He said if they go no further than these "regulations" the policy the Commission is setting is sprawl in that area. He said they are talking about lk acre lots. The City is providing water and will attempt to provide sewer as • • • Planning Commission Meeting May 23, 1977 -2- an incentive to growth. He said he would urge both Commissions to work out a policy in thatarea and what steps will be taken in the future as far as police protection, etc. He noted that there is no fire protection at this point and they need to have the same kind of protection as those in the City. He said this problem won't face the City for 20-30 years. If they get water, sewer, etc., they will get small businesses and industry. He said the City will then have non -conforming uses if the areas annex into the City. He said a subdivision at this density will not support utility service. He mentioned that they might have a joint City -County Planning Commission to look at controlling land use. Larry Wood said that from a Planning standpoint the City can't survive the costs of providing services on that kind of density. He said the City would go bankrupt. He said they can't consider that the entire growth area should be developed at the same kind of density. Bill Kisor asked what good three acre lots would do if they don't have some sort of setbacks from the property lines for the septic system. City Attorney McCord said the committee didn't get into any details. He said the new Act 402 will probably have a setback and they can look at that and see what the State will require and then the City can add more to that setback if they wish. Donald Nickell asked Bill Kisor for a recommendation for a setback and Bill Kisor said he hadn't really thought about a specific distance. Keith Newhouse mentioned that one of the reasons they had gone to three acre lots is that they should have at least one side with a specific dimension. He mentioned that with 300 feet or so width, when sewer becomes available, they would be able to develop their property and make it conform to the street area Peg Anderson said they do have a 60 -day time limit so they can come up with at least a temporary type of solution. She said this was an attempt to be in line with the request from the,City Board. Rita Davis questioned Item 4 on requiring curb and gutter and Peg Anderson said that item 11, which lists some exceptions to the requirement for'curb and gutter, goes with Item 4. She said they had thought this would go mostly with those subdivisions directly adjacent to the City. John Maguire said that basically unless the lot size is larger than 3 acres, it would carry the same kind of development requirements as in the City Limits. He said this would be in the growth area (which extends about 2 miles outside the City). Mr. Jacks said that the proposed ordinance would require that anywhere in the Planning Area subdivisions with lots under three acres would require paving, curb and gutter, a water supply system, sanitary sewer system, storm drainage system, but not street lights or sidewalks. He said if they were over three acres they would not be required to put in curb and gutter or storm drainage. Peg Anderson said curb and gutter could be not required where "the installation of said improvements is not necessary if the area around that doesn't have it". She said the idea around that is that if it was contiguous to city streets already existing, then they would say to go ahead with the curb and gutter, if it is outside quite a ways, you could develop it wihout curb and gutters. General Bruce Kendall said the City Board and the County Board can't both set standards for the paving of the roads in the growth area. He said that once it is decided to take it over from the developer, it has to be the County, not the City. He stated that the City and County shouldn't be both giving the developer standards. He said only one agency should be dealing with the developer on roads. He questioned why the City should have to have an Ordinance outlining the city's requirements for street standards if the County comes up with a solution. He said if the City is willing to trust the County to satisfy the City of Fayetteville with its own regulations, then why do they have to put it in an Ordinance. Ernest Jacks asked if he is suggesting that the County revise its Ordinance and General Kendall said "yes". Keith Newhouse said they didn't figure these guidelines as a Planning Commission Meeting May 23, 1977 -3- "finished product". He said they do plan to get back with the County. General Kendall asked if the City is going to tell the developer what to do and then turn it over to the County. He said they should try to let the County do it and if that doesn't work out, then the City can draft an Ordinance. John Maguire said the real problem is how big of a lot to require in the planning area to build with septic tanks. He said he doesn't see any reason why the County can't run this. He said they had discussed switching to the hot mix instead of the cold mix for those subdivisions which were adjacent to the City. General Kendall questioned who would deal with the developer on the roads in getting them ready for take-over by the County. Keith Newhouse asked if the City has ever made any plans as to when they plan to develop sewer closer to the Planning Area He mentioned that certain areas seem to be having more pressure for development than other areas. Larry Wood said the adopted General Plan does show certain extensions to the sewer. He said it doesn't take them year to year and say where they will extend but it does show the extension of the various facilities. He said the Regional Planning Commission has adopted some priorities for Fayetteville when they did the water and sewer plan. He said they did this for their own use as to applications for federal assistance. Keith Newhouse said it will assist people if you can say that in 3-5 years sewer will be available. He said there should be some promises as to when the City will perform these things. Peg Anderson made a motion to ask Larry Wood to draw up an informational paper for the Planning Commission's information in regard to the growth of Fayetteville concerning particularly sewer system plans. Keith Newhouse seconded the motion, which passed unanimously. City Attorney Jim McCord said there is a potential for a breakdown of cooperation between the City and the County. He said the procedure followed was followed because the Municipal Planning Act provides municipalities extra -territorial jurisdiction. He noted a test case in the 1960's where they suggested the city to do this. Because the constitution vested jurisdiction over county roads with the County and not the City, "the City could do one of two things --1) approach the County with a request for county approval or 2) proceed and not request county approval and take the chance that the County would attempt to exercise their constitutional jurisdiction. He said that is why he suggested the City try to work with the County and get their approval. He said the City may pass an ordinance regulating this rather than the County passing a county -wide ordinance because Of the nature of the county -wide development. He said the size of the towns would vary. He said if the County is going to go along with everything the City of Fayetteville wants to do, there wouldn't be a reason for an extra -territorial ordinance. He said he hopes the County and the City can work cooperatively and have orderly developments -and not impose undue hardships on the developer. Chairman John Power said the public hearing will be held on June 13. Wilbur Watson said you could have a good septic system on 20,000 square feet or less. He said he feels they are trying to use the septic tank systems to control growth outside the City Limits. Chairman John Power left the meeting at 5:45 P. M. The second item for consideration was the approval of the Preliminary Plat of Amrita Acres located West of the intersection of Old Wire Road and Highway 45 East; John Andre, developer. The Board of Adjustment granted a AMRITA ACRES Preliminary Plat Old Wire Rd & 45 E variance on the minimum land area required for a P.U.D. on September 20, 1976. Dr. John Andre and Lamar Pettus were present to represent. Ernest Jacks said the Subdivision Committee had two contingencies: 1) The sewer easement meet the approval of the City Engineer and 2) the sidewalks be shown on Lots 1 and 2. He acknowledged a petition presented to the Board of Adjustment in September against the P.U.D. • • • Planning Commission Meeting May 23, 1977 -4- Dr. Andre said that this is a difficult piece of property. He said they have worked extensively with the City of Fayetteville trying to work out something that will benefit the City of Fayetteville. He said this will be a nice P.U.D. and he will meet fully with the City's needs. Jerry Bird, whose parents own the property to the north, said they are concerned about the setback of Bucky Fuller Drive from their property. It is indicated as one foot from the property line. He was concerned that this would not be an adequate setback for drainage problems. He said his parents' home sits directly north of the proposed drive and at some point the elevation of the driveway will be above their home. Dr. Andre said they looked at this at the Subdivision Committee Meeting. Ernest . Jacks said Mr. Bird was concerned about the location of the drive being so close to the house and it's being put in without drainage. Mr. Jacks said if the developer did cause damage to their property, they could take him to court. Mr. Jacks said there are no regulations on how close the drive can be to the side property line. Dr. Andre said deciding where the street would go was very difficult. He said Street Superintendent Clayton Powell thought it should go in where it is shown because of safety factors. Mr. Bird said that once you get the entry onto the property the one foot setback is not adequate. He said something larger than a one foot setback should be required after they get access in to the property. Mr. Bird mentioned that there will be electrical and telephone poles in this one foot setback area which will also have to accommodate drainage Keith Newhouse explained that the drainage will slope to the south away from the property his parents own. The drainage will be formed by a curb on the south side of the property to Old Wire Road. John Maguire said he would be concerned about the drive if it is going to be 10-15 feet from the house. Mr. Bird requested a larger setback than one foot be required. Mr. Bird did not know how far his parent's house was from the property line but Bobbie Jones said it scaled out to be about 30 feet on the map prepared for the Board of Adjustment. Jerry Bird was also concerned about the developer planning to build a dome home on the lot. He said they are concerned this will generate traffic of a commercial nature. He said this will cause use of the road far beyond what would be normally required for a four - family residential driveway. Lamar Pettus explained that the point being made by Jerry Bird is that he doesn't mind the entrance. He wants a sharp turn to get the drive away from his parents house. Lamar Pettus said Bobbie Jones had told him there is no requirement that the drive has to be set back any number of feet. Mr. Pettus said the reasons they have the P.U.D. is for property like this --the property can't be developed as a subdivision. He said Dr. Andre has worked extensively with the City. He said the drainage problem is solved by the street sloping to the south, so it will drain on Mission. Lamar Pettus said the issue is whether they want to change the regulations for a P.U.D. Peg Anderson asked what the distance is from the property line to Bird's house. Mr._Pettus said their engineer says it is 30-40 feet. Bill Kisor said the Plat Book shows it to be about 30 feet. Mr. Bird seemed to think it was about 10-15 feet. Peg Anderson said she feels four houses are too many for this piece of property. Jerry Bird proposed that they put the road entrance where designated and curve to the rear of the P.U.D. He asked that it be required to be at least the 10 foot utility easement from the north property line. Rita Davis stated that she wouldn't want a street within one foot of her property. John Maguire stated that they need to modify their regulations concerning P.U.D.'s. Lamar Pettus suggested that because of the safety factor of the entrance, leave it where it is, then move the street 10 feet from the property line within 20-30 feet from the entrance. Gloria Spears, 1324 Edgehill, said there is a strip on the south which comes between her house and the back yard of the house owned by the Spays. She asked how the driveway will come in relation to their back yards. She was told it would not be near her property. Planning Commission Meeting May 23, 1977 Ernest Jacks made a motion to approve the Preliminary Plat of Amrita Acres contingent upon (1) a sewer easement be worked out with the City Engineer; (2) sidewalks be shown across the East side of Lots 1 and 2; and (3) that Bucky Fuller Drive enter at the point shown and be brought to 10 feet south of the property line by within 30 feet of the entrance. Bobbie Jones said the preliminary plat approval authorizes Dr. Andre's engineer to design water and sewer and when they are approved to go on and proceed with their construction before the final plat is filed. Keith Newhouse seconded Ernest Jacks' motion. The vote was 7-1, with Ray, Kisor, Davis, Jacks, Nickell, Newhouse, and Maguire voting "Aye" and Anderson voting "Nay". Rita Davis suggested they place on the agenda a rehearing of the P.U.D. requirements. Ernest Jacks asked Larry Wood to make a recommendation on the P.U.D. requirements. The fourth item for consideration was the approval of the VILLA NORTH Revised Preliminary Plat and the Final Plat of Villa Preliminary f Final Plat North located North of Township Road and West of N of Township f, W of Villa Blvd. Villa Boulevard; Holley -Ogden Enterprises, Inc., developers. Jim Ogden and Rick Cowdrey were present to represent. Ernest Jacks said the Subdivision Committee recommended approval of the revised prelimi- nary plat and final plat with the stipulations that (1) Drake Street be constructed from Villa Boulevard to Highway 71 North; (2) that no driveways be constructed less than 25 feet apart; and (3) all setbacks required by the Ordinance be met. Keith Newhouse seconded the motion. Attorney Marshall Carlisle mentioned that City Attorney McCord wanted him to add one more phrase in the protective covenants because of the recreation area and he said they would do this. The motion to approve the plat was approved unanimously. The next item scheduled for discussion was the approval of the Preliminary Plat of Miller's Addition located east of Highway 71 South and North of Willoughby Road; Arthur T. Miller, Developer. This item was tabled at the beginning of the meeting. MILLER'S ADDITION Preliminary Plat 71 S $ Willoughby Rd. The sixth item for consideration was the public REZONING PETITION N0..R77-11 hearing on Rezoning Petition No. R77-11, Russell P. Russell P. g E. Lorene Jack and E. Lorene Jack, c/o Walter R. Niblock to rezone Highway 16 West property located South of Highway 16 West and West of the Highway 71 Bypass from A-1;.Agricultural District to C-2, Thoroughfare Commercial District. This petition was tabled at the April 25 and May 9,-1977f meetings. Mr. and Mrs. Jack and Attorney Walter.Niblock were present to represent. Walter Niblock sail. he had talked with Larry Wood since the April 25 meeting but they had not agreed on how the property should be rezoned. He said there is R-0 immediately to the west which is approximately 600 feet north/south depth. He asked if the Planning Commission would consider not rezoning to C-2 the whole 2640 feet depth of the subject property but only go back the depth of the R-0 zoning immediately to the west and would accept R-0 for the balance. He said this would give his clients a lot of option as to what they could build. This would abut C-2 immediately to the East. He said it is not suitable to have residential construction directly behind C-2 zoning. Larry Wood said his basic recommendation still stands as presented before. He said when the Commission rezoned Maple Manor they made a policy committment as far as residential and apartments are concerned. He said they are surrounding Maple Manor on almost all sides (except the R-0) with non-residential zones. He said they will make Maple Manor a residential island in the middle of commercial. Larry Wood recommended they rezone to R-0 that portion which would line up with the C-2 to the east, rezone to R-2 that portion which would line up with the R-2 to the East and the remainder stay as A-1. • • • Planning Commission Meeting May 23, 1977 -6- • John Maguire suggested they rezone to C-2 that portion which would line up with the R-0 to the west, rezone to R-0 that portion which would line up with the R-2 to the East and the remainder stay A-1. There was no one present to oppose the petition. Peg Anderson made a motion to deny the request. Mr. Niblock said if the R-0 immediately to the west was valid at least R-0 back to the depth of that should be o.k., otherwise it is inconsistent and illogical. He said the balance of the property should be indicated for at least R-2 use and not continue as A-1 use. Peg Anderson's motion to deny died for lack of a second. Peg Anderson made a motion to rezone to R-0 back to the South line of the Federal Land Bank property to the East and R-2 for the remainder of the property. Bill Kisor seconded the motion, which passed unanimously. The seventh item for consideration was the public REZONING PETITION NO. R77-15 hearing on Rezoning Petition No. R77-15, Larry Larry Wayne Martin Wayne Martin to rezone property located south of Cunningham Lane Highway 16 East and East of Cunningham Lane from R-1, Low Density Residential District to R-2, Medium Density Residential District. This petition was tabled at the May 9, 1977 meeting in order to consider an R-2 rather than the C-2 originally requested. Larry Wayne Martin was present to represent. Vice -Chairperson Rita Davis said some opposition had been telephoned in to oppose the rezoning to C-2. Larry Martin agreed to accept rezoning to R-2. Bobbie Jones said she had talked with the City Attorney and he said the Planning Commission could modify the request in this manner. There was no one present in opposition. Ernest Jacks made a motion to approve the rezoning. Peg Anderson seconded the motion, which passed unanimously. The eighth item for discussion was the public hearing on Rezoning Petition No. R77-16, Mrs. Delford Huey to rezone property located North of Old Farmington Road and West of Sandra Street from A-1, Agricultural District to R-1, Low Density Residential. No one was present to represent. Larry Wood recommended approval of the R-1 zoning. There was no one present to oppose the petition. Bill Kisor made a motion to approve the rezoning. Jack Ray seconded the motion, which passed unanimously. The ninth item for discussion was the public hearing on Rezoning Petition No. R77-17, Wade Bishop to rezone property located West of Highway 71 North and North of Appleby Road from A-1, Agricultural District to R-2, Medium Office Districts. Wade Bishop was present to represent. He said he would like to develop a mixture of dwelling types of apartments against the drive-in theatre, duplexes, and then to single- family. Larry Wood recommended they consider R-0 for the eastern one-half of the requested R-0, and R-2 for the entire balance of the property. He suggested they see if the developer would be agreeable to a density limitation. He said the R-2 established there could create quite a density problem if it were developed to its full potential. Wade Bishop agreed with Larry Wood. He said he has been consulting with Larry Wood. REZONING PETITION NO. R77-16 Mrs. Delford Huey N. of Old Farmington Road F, W. of Sandra Street REZONING PETITION NO. R77-17 Wade Bishop W. of Hwy. 71 F, N. of Appleby Rd. Density Residential and R-0, Residential • • • Planning Commission Meeting May 23, 1977 -7- Mr. Bishop said someone had pointed out that high-density could be a problem and he is not desiring to do this. He said he had planned for some duplexes and triplexes bordering the C-2 tract as a buffer between the C-2 and single-family. He said he would be willing to work with the Planning Commission and the City. Larry Wood suggested a density limitation of 10 units to the acre which would give 500 potential units if he decided to go that direction. The R-2 district would permit a maximum of 24 units per acre. Bobbie Jones said that would include one - bedroom and efficiency apartments. John Maguire asked Mr. Bishop what lot size he usually uses and Mr. Bishop said it would be 76-80 feet wide on single-family dwellings. Peg Anderson suggested they consider a Planned Unit Development and questioned the road situation. She said she understands the City can ask for off-site improvements and a road to be paved. Wade Bishop said they have been working on this and the work will be progressing on Appleby which will give them a blacktop road from Highway 71 to Bishop Addition. Wade Bishop said this would meet the requirements of the Ordinance. Bobbie Jones said City Manager Don Grimes had told her that the City would furnish labor and equipment to put down a 24 foot wide surface. Mr. Bishop will furnish all materials, engineering, curb and gutter on one side, sidewalk, sub -base and base, and widen his side to 15 feet from the centerline. Mr. Grimes had also told her that, in his opinion, since Mr. Bishop had not been required to make any improvements to Appleby Road when he developed Bishop Addition he should be required to improve both sides of Appleby along Bishop Addition. Mr. Bishop said this was not the way he had understood it. Wade Bishop said the drive-in theatre has 860 feet of frontage and won't help at all on the road. He mentioned several other people who would not contribute to the paving of the road He said it is a little unfair that he has to pay for all of it himself. Kim Smith, who owns property in Bishop Addition which backs up to Appleby Road directly across from the proposed R-0 said there are three other houses north of him. He doesn't want to see R-0 directly behind his home. He stated they bought into the subdivision which they expected to stay a subdivision. He said they would strongly ask the Commission to eliminate the western half of the R-0. He said he would be opposed to R-0 directly behind his house and the three other houses. He also said he had not yet paid his "$100" toward paving Appleby because he thought that should be done by the ones who made the money out of the development. Peg Anderson said that on the basis of the improvement of the road and mixing more dense population with others this is a good area for heavier density and she would go with the R-2. Wade Bishop said they hope to start on improving Appleby Road within 30 days. Donald Nickell made a motion to amend the petition and to accept the rezoning contingent on changing the western portion of the R-0 to R-2 as recommended by Larry Wood and all of the road and agreements be worked out with the City before final agreement. Jack Ray seconded the motion, which passed unanimously. The next item for consideration was the public REZONING PETITION NO. R77-18 hearing on Rezoning Petition No. R77-18, Exxon EXXON COMPANY U.S.A. Company, U. S. A. to rezone property located SE Corner of Gregg & Prairie Street on the Southeast corner of Gregg Avenue and Prairie Street from I-1, Heavy Commercial and Light Industrial District to I-2, Heavy Industrial District. Chuck Ogburn was present to represent. Larry Wood said they are down to a policy decision on the Planning Commission level. He said he would not recommend I-2 zoning in this area because it is not appropriate to the relation of the University, downtown, and the property to the North. He said the conflict is that the Board of Directors recently rezoned to R-3 a parcel of property to the North. He said a clearer direction should be made toward this industrial mixed with residential extending from north of Dickson past Highway 62. Planning Commission Meeting May 23, 1977 -8- Keith Newhouse said he can't see this changing back to residential in his lifetime. He said until the railroad is changed, there is no hope of changing this. Hank Mahler, 520 Prairie Street, said this is in conflict with the character of the neighborhood. He said in 1976 they changed this to R-3 and that is the way it has been going. He said 80% of the people who live there are home owners. He said if the Planning Commission members would talk to the homeowners, they would know they are not in favor of rezoning it to industrial. Donald Nickell asked if they are aware of why they are asking for the rezoning --to meet OSHA's requirements. Chuck Ogburn said that presently the gas storage tanks are located above ground and they want to create new facility tanks underground. They would put in a spill catch system to catch any spillage. He said underground tanks are much safer than above ground tanks. They will evaporate less and thus cause less air pollution. Exxon is going from steel to fiberglass tanks. It would improve the appearance of the facilities tremendously. He said they can abide by the OSHA requirements by building a dike (dirt or concrete) around the whole tank. It has to be large enough to hold the biggest tank. He said to build the dikes would cost about $15,000 and to go underground would cost Exxon about $63,000. He said it was at the suggestion of Planning Commission Chairman Power they decided to ask for the rezoning. Peg Anderson said it is now a non -conforming use. Mr. Ogburn said it has probably been there for about 50 years. Ernest Jacks mentioned that one of the possibilities was to amend the zoning ordinance to add this as a permitted use in I-1 and said he is still against this. John Maguire said he can't visualize planning multi -family dwellings along railroad tracks. He said when you start building houses on the railroad track, you will have to build more railroad tracks to serve industry. He said he can't agree that it would be that big of a problem to change the use unit Larry Wood said the two groups (the Planning Commission says it should be industrial and the City Board says it should be residential); need to go one direction or the other. Mr. Mahler said this would be setting a precedent by rezoning to I-2. He said they could start changing this property for no reason at all. John Maguire made a motion to approve the rezoning. Jack Ray seconded the motion, which was approved unanimously. Next was a request for a waiver of the minimum separation between curb cuts for the Large Scale Development for Ralph Freeman Apartments. The Ordinance requires 30 feet separation on a collector street and Mr. Freeman requests a 2 -foot setback from his north property line for the driveway. This property is located north of Lawson Street and east of Leverett Avenue. Harry Gray was present to represent. Ernest Jacks said Mr. Freeman has gotten caught in circumstances which were caused by a problem he didn't create. He said it should force the people next door to stay back to get the right separation. Also, Mr. Jacks said the Ordinance does not require 15 feet from the property line, but 30 feet between driveways. •Mr. Jacks made a motion to approve the curb cut waiver. Keith Newhouse seconded the motion, which passed unanimously. RALPH FREEMAN Request for Waiver of Curb Cut Ordinance The twelfth item for consideration was a conditional WILLIAM R. ROGERS use request for a real estate sales office Conditional Use Request submitted by William R. Rogers for property located Between Vinson F, Read Ave. on the North side of Maple Street between Vinson and Read Avenue, property zoned R-1, Low Density Residential District. William R. Rogers was present to represent. 1 • Planning Commission Meeting May 23, 1977 -9- Mr. Rogers said he is asking for a renewal of his temporary conditional use, which has expired. No one was present in opposition. Jack Ray made a motion to approve the conditional use for a period of one year. Ernest Jacks seconded the motion which passed unanimously. The next item scheduled for consideration was the HARRISON DAVIS conditional use for 7 duplexes submitted by Harrison Conditional Use Request Davis for property located South of Cato Springs Road South of Cato Springs Rd. between Coleman and Emma Avenues, property zoned R-1, Low Density Residential District. Harrison Davis had asked that this be tabled until the June 13 meeting and the Planning Commission had voted to accept the request earlier. The last item for discussion was a letter from Hal C. HAL C. DOUGLAS Douglas requesting to have a collection point for Collection Point for recycled beverage cans on West Street and on Johnson Recycled Beverage Cans Road. The interpretation of the Planning Administrator would place this in the I-2 District, and that the Planning Commission review the possibility for a collection point, with restrictions, in other zones of the City. Hal Douglas was presentto represent. Mr. Douglas said they have been doing this for more than a year. He said their whole idea in this is to go to all aluminum cans.which may all be recycled. He asked the Commission for permission to continue doing what they have already been doing. Ernest Jacks said that this is not scrap metal or refuse. He suggested they change the wording to "collection point". City Attorney Jim McCord said Bobbie Jones said Use Unit 17 is a permitted use in I-1 and C-2 and a conditional use in C-3 and she had suggested adding this use to Use Unit • 17. Ernest Jacks proposed the Planning Commission refer this to the Planning Office and the City Attorney to find an appropriate use unit to permit recyclable activities to be allowed in C-2 and I-1 and to schedule a public hearing on the matter. The Planning Commission said this would be agreeable to them. • Bill Graue requested a ruling from the Planning Commission on whether he should be . -required to improve streets around some property (about 1.3 acres) he owns bounded by Haddon (platted but unpaved); Peach (existing gravel street partly open); Denver (platted but unopened); and Lester (platted but unopened) if he planned to build apartments on the property. Several members of the Planning Commission indicated that in their opinion he should improve the streets. Rita Davis instructed the Planning Office to put the matter of FENCES "fences" on the top of the agenda for June 13. The meeting was adjourned at 7:45 P. M. • • • RESOLUTION PC 25-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, May 23, 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 R7-7-11, Russell P. and E. Lorene Jack. 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-2, Medium Density Residential District and R-0, Residential Office District, said real estate LEGAL DESCRIPTION: Part of the SW4, Section 7, and a part of the NW4, Section 18, T -16-N, R -30-W, being more particularly described as follows: Beginning at a point 1763.11 feet East of the Southwest corner of Section 7, T -16-N, R -30-W; thence North 89° 14' East 171.70 feet; thence North 01° 31' West 2136.62 feet; thence North 20° 13' 30" West 535.19 feet; thence North 89° 14' East 501.70 feet; thence South 01° 31' East 2701.30 feet; thence South 89° 14' West 501.70 feet; thence North 1° 31' West 60 feet to the point of beginning and containing 21.70 acres, more or less. SECTION 2. That the North 520.98 feet be rezoned from A-1, Agricultural District to R-0, Residential Office District. SECTION 3. That the above described property be rezoned from A-1, Agricultural District to R-2, Medium Density Residential District and R-0, Residential Office District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: Rita Davis, Vice -Chairman RESOLUTION PC 26-77 WHEREAS, a public hearing was held May 23, 1977, fifteen (15) days after a and after a notice was published in the of general circulattiion;;; and by the Planning Commission, Monday, sign was erected upon the property Northwest Arkansas Times, a newspaper WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R77-15, Larry Wayne Martin. 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 R-1, Low Density Residential District to R-2, Medium Density Residential District, said real estate LEGAL DESCRIPTION: Part of the SW;, SE;, Section 13, T -16-N, R -30-W, described as follows: Beginning at a point 252 feet West of the Southeast corner of said 40 acre tract, and running thence West 132 feet; thence North 346 feet to the Southerly right of way of State Highway No. 16; thence Southeasterly along said right of way 136 feet to a point due North of the beginning point; thence South to the point of beginning, and being further known as Tract "C". SECTION 2. That the above described property be rezoned from R-1, Low Density Residential District to R-2, Medium Density Residential District, so that the petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED. Rita Davis, Vice -Chairman • • RESOLUTION PC 27-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, May 23, 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 R77-16, Mrs. Delford Huey. 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-1, Low Density Residential, said real estate. LEGAL DESCRIPTION: Part of the NE4, NWa, Section 19, T -16-N, R -30-W, and being more particularly described as: Beginning at a point which is 440 feet North of a point on the North side of the Fayetteville -Farmington Road, which point is 19 chains West of the East line of the E', NW4, said section, and running thence South 440 feet to the North line of said above mentioned road; thence East bearing North with the North line of said road 472 feet to the POINT OF BEGINNING of the lands herein described, and running, thence East and North with said road 90 feet; thence leaving said road and running North 100 feet; thence West to a point due North of the point of beginning; thence South to the point 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 develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: Rita Davis, Vice -Chairman • • • RESOLUTION PC 28-77 WHEREAS, a public hearing was held May 23, 1977, fifteen (15) days after a and after a notice was published in the of general circulation; and by the Planning Commission, Monday, sign was erected upon the property Northwest Arkansas Times, a newspaper WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R77-17, Wade Bishop. 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 all of Tract 1 and the West half of Tract 2 from A-1, Agricultural District to R-2, Medium Density Residential District. LEGAL DESCRIPTION: TRACT 1 - The NE;, NW; and the N1, N1, SE; NW;, all in Section 35, T -17-N, R -30-W, Washington County, Arkansas; except the South 235 feet thereof. TRACT 2 - The South 235 feet of theN'2, N', SE;, NW;, all in Section 35, T -17-N, R -30-W, Washington County, Arkansas. SECTION 2. That the East half of Tract 2 be rezoned from A-1, Agricultural District to R-0, Residential Office District. SECTION 3. That the above described property be rezoned from A-1, Agricultural District to R-2, Medium Density Residential District and R-0, Residential Office District, so that the petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: Rita Davis, Vice -Chairman • • • RESOLUTION PC 29-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, May 23, 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 R77-18, Exxon Company, U. S. A. 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 I-1, Heavy Commercial and Light Industrial to I-2, Heavy Industrial, said real estate. LEGAL DESCRIPTION: All of Lots 20, 21, 22, 23, and 24, Block 21 of Ferguson's Addition to the City of Fayetteville, Also a part of triangular lot Number 1, Block 21, Ferguson's Addition which is lying north of and in line with the south line of Lot 20. SECTION 2. That the above described property be rezoned from I-1, Heavy Commercial and Light Industrial to I-2, Heavy Industrial, so that the petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: Rita Davis, Vice -Chairman