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HomeMy WebLinkAbout1977-06-13 Minutes• • PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, June 13, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman John Power, Vice -Chairman Rita Davis, Keith Newhouse, Ernest Jacks, Donald Nickell, Bill Kisor, John Maguire, Peg Anderson. Jack Ray. Bobbie Jones, Angie Medlock, Larry Wood, David McWethy, City Attorney Jim McCord, Scott Van Laningham, Brenda Blagg, Mel Milholland, Gary Carnahan, Rick Cowdrey, Lois Stratton, Harrison Davis, Loyd Patterson, Clyde Terry, Ken Riley, Ervan Wimberly, Phil Meisenheimer, Wilbur Watson, Ron Sherwood, Gen. Bruce Kendall, Jim House, Mackie Watson, Bill Bonner, Jim Maguire, Elam Denhan, Hugh Kincaid, Larry Nixon, Mrs. Nivels, Lucille Franklin, Mrs. D. A. Byes, Clyde Salley , Ken Bogan, and other unidentified persons. Chairman John Power called the meeting to order. The minutes of the May 23, 1977 meeting were approved as mailed. MINUTES First was the discussion of the zoning ordinance restrictions on FENCES fences, screening and parking setbacks. The study was done by Larry Wood and Ernest Jacks. Chairman Power said this item was tabled at the May 23 meeting and asked that it be tabled for a special meeting to be held June 20. Ernest Jacks mentioned that one of the big factors in their proposal is that they are offering incentive planting. He said if people will do certain things with planting, they may let them build parking lots a little closer to the street. Ernest Jacks made a motion to table the discussion on fences until a special meeting to be held June 20. Bill Kisor seconded the motion, which passed 8-0. The second item for consideration was the approval of the preliminary plat of Millers Addition located east of Highway 71 South and North of Willoughby Road; Arthur Miller, developer. This was tabled at the May 23 Planning Commission meeting at the request of the developer. Mel Milholland was present to represent. Ernest Jacks said the Subdivision Committee felt the Planning Commission needs to look at the tandem lots. He said the Subdivision Committee also doesn't know whether or not to require the off-site improvements along Willoughby Road. Bobbie Jones said Ordinance 2337 was passed by the City Board of Directors on May 17 and it says that "when development takes place along any street which does not meet full city standards, the developer, at his expense, shall install street paving, curbs, gutters, and sidewalks and shall provide any additional street width and street right-of- way where needed". She said that because it is in a street construction policy section of the Code of Ordinances it can only be waived by the Board of Directors. City Attorney McCord said there is a conflict between Ordinance 2337 and the Subdivision and Large Scale Development regulations. He said in December, the City Board amended both the subdivision and large scale development regulations to provide that off-site improvements can be required of the developer where the need is created in whole or in part by the development. It further provides that the developer can only be required to bear that portion of the cost which bears a rational nexus to the needs created by the development in question. He said this recent Ordinance doesn't make that distinction and he feels the prevailing rule is that where there is a specific statute which governs, it prevails over a general statute. He said he feels they should apply the large scale MILLERS ADDITION Preliminary Plat E of Hwy 71 S. $ N of Willoughby Road • • • Planning Commission Meeting June 13, 1977 -2- development and subdivison regulations and not attempt to apply the most recent ordinance. He said if the Board of Directors wants to amend the subdivision and large scale develop- ment regulations to attempt to require more, they can. Ernest Jacks made a motion to approve the conditional use for the TANDEM LOTS tandem lots. Donald Nickell seconded the motion, which passed 7-1, with Power, Jacks, Nickell, Newhouse, Kisor, Anderson and Maguire voting "Aye" and Davis voting "Nay". Discussion on the approval of the preliminary plat MILLERS ADDITION of Millers Addition located east of Highway 71 South Preliminary Plat and North of Willoughby Road; Arthur Miller, developer, East of Hwy. 71 South $ continued. North of Willoughby Bill Kisor mentioned that they need to look at septic tanks. Ernest Jacks asked if the City should require the developer to pave; curb and gutter and install sidewalks along Willoughby Road. Jim McCord said this will be discretionary. He said the Planning Commission should not attempt to apply the most recent ordinance. He said they should go by what is required in the subdivision regulations. Ernest Jacks said this subdivision creates a need for a standard street. Mel Milholland said this is a state highway and he wouldn't consider it a city street. He asked if the Board of Directors would require improvements even though it is a state highway. Jim McCord said the Highway Department might need to be consulted as to whether they want curb and gutter. He said this could be resolved at a later time. Mr. McCord said he would check into the jurisdiction problem. Bobbie Jones said any conditions should be imposed when he gets preliminary approval. Bobbie Jones questioned if they are in favor of this with septic tanks rather than sewer and also asked if the Planning Commission feels he needs to make any improvments to the street; and, if he doesn't, does this still go to the Board of Directors to waive the requirements? Jim McCord said it is within the jurisdicition of the Planning Commission to grant that waiver. Ernest Jacks said they need to know if he needs sidewalks and street lights. Peg Anderson questioned the size of the lots and Mel Milholland said they are all three acres or more. Ernest Jacks made a motion to approve the preliminary plat of Millers Addition contingent upon 1) providing sidewalks along Willoughby Road; 2) providing street lights and 3) the developer providing his proportionate share of bringing the street up to city standards. Keith Newhouse seconded the motion. Bill Kisor questioned if the adjoining property owners had been notified and Bobbie Jones said "yes". The motion to approve the preliminary plat of Millers Addition passed The fourth item for discussion was the approval of the preliminary plat of Colt Square located West of North College AVenue and South of Township Road; Bassett Properties, developers. unanimously. COLT SQUARE Preliminary Plat West of College $ South of Township Gary Carnahan was present to represent. Ernest Jacks said the Subdivision Committee had looked at this and there is a question about developing a street on the south side of the University farm going east and west through to College, but the developer doesn't want to do this. lie said since it is not shown on the Master Street Plan it cannot be required. He said all of the difficulties have been worked out except the waiver of one street light spacing to 325 feet and a note that the Planning Office feels needs to be on the plat concerning the "reserved" property. Ernest Jacks said this does abut Township Road and asked if the Planning Commission wanted to require off-site improvements. He stated that Township is also a State Highway. ' Gary Carnahan said they feel they should not be required to make improvements to Township Road because of the woiting in the subdivison regulations of "creating the need for the improvements". • • Planning Commission Meeting June 13; 1977 -3- Gary Carnahan said Township is now 24 feet wide pavement with open ditches and the requirement would be that they have four 11 -foot wide lanes with curb and gutter and 5 -foot sidewalks on each side. There is also a bridge Joining the property and it is a state highway bridge. He said their frontage is only 1,000 feet. He said it seems silly to widen this short piece of Township to these requirements. He said their development has not created the need for the improvements. Peg Anderson questioned how they would ever get this paved if they don't start now. Gary Carnahan said the 20 -year plan says the City of Fayetteville would have to build an improved arterial type of street. John Power mentioned that they had talked about Township within the past few years. Larry Wood said this developer should at least contract or escrow for his portion of the cost of that 1,000 feet; he should put up his share. The developer will contribute to the need. He said that should be the minimum required and would be assumed on a local - street standard instead of an arterial -street standard. Ernest Jacks made a motion to approve the preliminary plat of Colt Square contingent upon 1) waive the street light spacing to approximately 325 feet in one instance; 2) put a note on the plat relative to the use of the reserved property and 3) a contract from the developer to participate for his proportionate share in bringing that portion of Township up to city standards. Ken Riley said this seems unreasonable since none of the other developers on Township have money in escrow to help pave the road. Gary Carnahan said he doesn't feel the need for the requirements is caused by this development. Ernest Jacks said he feels the Planning Commission should come by a policy on improving this. Gary Carnahan said he has discussed this with the State Highway Department and they said whatever the City of Fayetteville wants to do is fine with them. Ken Riley said there are only two more parcels of undeveloped land left on Township. He said they would be the only ones in this assessment. The other developers will be able to use the road without any cost-sharing on the improvements. Ervan Wimberly said if Mr. Bassett is required to post a cash bond, the:'City..would be holding private funds and then if the State develops the road, Mr. Bassett would lose interest on his money. John Maguire questioned if there is a difference between the State Highway and the City Streets and Larry Wood said there is a difference. Chairman Power said he felt they could give the developer approval on the preliminary plat now and decide whether Township Road should be improved on the final plat. Peg Anderson said that someone who is building 16 lots (Millers Addition) is going to have to pay to develop the street and this commercial development will bring in a lot more money than those 16 lots. Donald Nickell suggested they table the question of bringing streets up to standards. Ernest Jacks amended his motion for approval of the preliminary plat of Colt Square to stipulate that 1) the street light spacing be waived to 325 feet; 2) the note be added on the plat about the "reserved" property; and 3) table the issue of off-site improvements. Keith Newhouse seconded the motion. Gary Carnahan asked if a building permit could be issued before the final plat is approved and Bobbie Jones said "no". Bobbie Jones recommended that he get the question answered on the development of Township. She said he may find out that he is going to have greater costs than he has anticipated. Gary Carnahan asked that someone be addressing this question and not wait until the final plat is brought in. Mr. Carnahan also asked that they address the question of what particular requirements --if the developer has to pay for a portion of the street -- what standards he would have to use. The motion made by Ernest Jacks and seconded by Keith Newhouse passed 8-0. Planning Commission Meeting June 13, 1977 ,Keith Newhouse moved to amend the preliminary approval on MILLERS ADDITION • Millers Addition to table the question of off-site improve- ments until the Planning Commission studies them. Mr. Jacks seconded the motion, which passed 8-0. Next was the approval of the Preliminary Plat CENTURY ESTATES of Century Estates located north of Township Preliminary Plat Road and West of Old Wire Road; Harris P, N of Township P, W of Old Wire Road Muncy Real Estate, developer. Rick Cowdrey, Taylor Engineering, was present to represent. Ernest Jacks said there are two issues on this plat and mentioned that there is a disagreement about the property lines between this subdivision and the properties to the South. Rick Cowdrey said they haven't done a boundary survey on this yet. He said the man who used to own this had it surveyed and the boundaries fell about 15 feet south of an old fence. He said this would have to be resolved. City Attorney McCord said they shouldn't approve a final plat with a boundary dispute but they could approve the preliminary plat. Rick Cowdrey said the developer is willing to make the off-site improvements to bring Old Wire Road up to standards along this property. Ernest Jacks made a motion to approve the preliminary plat of Century Estates with 1) adding one street light; 2) waive the distance between the street intersections from 400 feet to 260 feet, and 3) the property line dispute must be satisfied prior to approval of the final plat. Bill Kisor seconded the motion, which passed 8-0. Next was the discussion on the Large CALVARY BAPTIST CHURCH • Scale Development for the Calvary Baptist Large Scale Development Church located East of Porter Road and East of Porter F, North of Lawson North of Lawson Street; Calvary Baptist Church, developer. Ernest Jacks said there was a question about the waiver of setbacks on the Family Life Center and the softball diamond. He said the zoning ordinance requires the Family Life Center to be set back 100 feet and they have a 55 foot setback. The softball diamondalso requires 100 feet setback and they have only 20 feet from the side. He said the property near the softball diamond is undeveloped at this time. He said they felt the waiver for the Family Life Center is considerable. There are a few houses which back up to the side lot line. Ernest Jacks mentioned that the plat shows 30 feet setback but the church meant for it to be 55 feet. Ernest Jacks said there is a question on the off-site improvements. He said the Ordinance will allow the Planning Commission to require off-site improvements. Philip Misenheimer, 523 Hawthorne, said they have given authorization for the 10 feet to be dedicated for the street easements. Peg Anderson questioned if Porter Road is presently a gravel street and Rev. Misenheimer said "yes". He said they would be willing to participate in building of the street. Mr. Jacks asked if they would need a contract or to have the money in escrow. Jim McCord said if he were a developer, he would rather have the money in escrow, but he could draw up a contract. Donald Nickell said it seems since they are willing to pave their half of the street and give the land, thatthis should be sufficient. He said they wouldn't want to get into a big lengthy contract but they would be willing to go their share whenever the road is paved. He said they do want it to be paved. Peg Anderson questioned why they couldn't move the Family Life Center and put the • parking spaces where they have the Family Life Center now. Rev. Misenheimer said they could do this. Donald Nickell said they want to have the parking where they have shown it because it is closer to the buildings as shown. John Maguire said he would rather have the • • • Planning Commission Meeting June 13, 1977 -5- building than the parking lot close to his property line. Ernest Jacks made a motion to approve the large scale development contingent upon: 1) the church provide 10 feet additional right-of-way on Porter Road; 2) a contract be furnished the City for providing their proportionate share of paving on Porter Road; 3) waive the setbacks on the Family Life Center and the softball diamond. Peg Anderson seconded the motion, which passed 7-0-1, with Power, Jacks, Newhouse, Maguire, Kisor, Anderson, and Davis voting "Aye" and Donald Nickell abstaining. Ernest Jacks said the Subdivision Committee wanted DR. FLOYD HARRIS the Planning Commission to look at the "required Large Scale Development off-site improvements on the Large Scale Green Acres Road Development plan of Dr. Floyd Harris for a professional office complex located on the Northwest corner of Green Acres Road and Poplar Street. Ernest Jacks made a motion to approve the large scale development plan with. the City being provided a contract for the developer to pay his proportionate share of the cost of bringing Green Acres Road and Poplar Street up to City standards if and when it is done. Mr. Jacks also said they should note that the parking area will be concrete and provide dimensions on the setbacks from the west property line. Keith Newhouse seconded the motion, which passed 8-0. Next was the public hearing to amend URBAN AND SUBURBAN the subdivision regulations of the SUBDIVISION REGULATIONS zoning ordinance to clarify the improve- ments which are required to be installed by a subdivider. Planning Administrator Bobbie Jones said she has three questions --1) the lot size is set up in this proposed ordinance for lots on septic tanks. She asked how this will affect existing lots of record, either already being on file in the Court House by metes and bounds, or by having been on a previously filed plat, and which are smaller than the lot size for septic tanks listed in this ordinance. Jim McCord said the Board of Directors would have to grant a waiver. Bobbie Jones said they don't require building permits outside the city, but they do require a plumbing permit. She said there will be some inside the city of only half an acre with city water and asked how they could get a septic tank permit from the County sanitarian. City Attorney McCord said a lot of people will have a problem. He said he isn't sure the same principal will apply as in the zoning ordinance for a non -conforming use. He said he would need to research this. Commissioner Newhouse said he doesn't feel the Planning Commission can morally change the policy on what has already been set up. John Maguire said he would be compelled to suggest an amendment for final plats already on file inside the City to be excluded. Bill Kisor and Peg Anderson said they should do the same thing outside the City. Bobbie Jones also asked how this would affect lot splits and asked if she could approve lot splits without sewer on less than an acre and a half. John Power said she could not. Bobbie Jones mentioned that the Zoning Ordinance has a minimum amount of street frontage abutting an improved public street for lots but there is still nothing outside the City for requirements to hold for street frontage. She said some people buy a piece of property which is landlocked with only an easement for access. She said it seems if they are setting up outside the city for what will eventually be inside the City they should require some frontage on the lots outside the City. General Kendall said the County wouldn't approve something with just an easement He said the County requires 75 feet of frontage on the road. • • • Planning Commission Meeting June 13, 1977 -6- Ron Sherwood, Route 1, asked if there is a provision for where there is a common driveway. John Power said this could be handled as a tandem lot. Ernest Jacks said it could also be handled as a Planned Unit Development. Elam Denham said three or more lots with less than 5 acres would be a subdivision, with a road built to County standards. Ron Sherwood asked about pieces of property that have not gained approval and are already filed in metes and bounds. He said he would like to see everything that has already happened being accepted and start fresh with the Ordinance from this date. He said this would make it much easier on the Planning Administrator also. Wilbur Watson, 838 Woodlawn, said he agrees with Ron Sherwood that this would be an excellent way to handle this. He said he has property in the growth area. He said he doesn't see how they can force people tobuild a road to standards on their own property. He said if they ever come into the City or ask for the County to main- tain their road, then they can require them to bring it up to standards. He said the Planning Commission cannot determine that a septic tank can or cannot be built on an acre or an acre and a half of land that is satisfactory. He stated that all land is different; the absorption rate is what determines if you can build a safe septic tank. He said if you put a flat acreage on it, there is no basis for it. Mr. Watson said he has two tracts of land slightly less than an acre. He said when the City tells him he can't sell this land, they are confiscating his land. He said he could sell the land to a man who would put 10 sows on it and raise 300 pigs and asked if that would be better than a septic tank. Mr. Watson would like an acre and a half or State Health Department regulations used to determine if septic tanks are feasible. Mr. Watson said at one time he was a state water facilities inspector for the State of Oklahoma. He questioned if they are using septic systems to control the growth outside the CIty. City Attorney McCord said the retroactive effect could be unconstitutional. He said the new State septic tank law which goes into effect July 1 does give municipalities the right to require more stringent regulations than the State; but also reads, "No individual sewage disposal system in existence on the date of this action, nor any individual sewage disposal system installed after the effective date of this action in a subdivision wherein individual lots have been developed or sold for use of individual sewage disposal systems for which a plat has been filed for record prior to the effective date of this action shall be required to conform to more stringent specifi- cations and requirements as applied at the time the plat was filed". Jim McCord said it seem only fair that preplatted lots be excluded and suggested the proposed ordinance include some similar provision. John Maguire questioned if they could have this include metes and bounds descriptions that were holders of record as of the date of the ordinance. Mr. McCord said he saw no reason why not. General Kendall said an effective date would be in the future. He said the Committee had never considered that these regulations would be retroactive. Mrs. Anderson agreed. Wilbur Watson again questioned if they are interested in septic tanks for the purpose of protecting health and safety of the people or are they just using this to require larger acreage in the growth area He said if so, they should leave it up to the professional people to decide if they could put septic tanks on smaller lots. John Maguire said there was some evidence given at the meeting that in Tontitown they have a one -acre lot minimum and said that the one -acre lots are not working. Peg Anderson said one one-half acre lot would be fine but when you have 100 half -acre lots, this could be a problem. Ernest Jacks questioned if the Health Department has the forces to handle checking the individual lots. John Power said the Planning Commission is not using the 1.11 acre lots to force zoning. Jim House, Route 7, a county sanitarian, said none of the county sanitarians had inspected the systems at Tontitown so they may be poor installation. It is not • Planning Commission Meeting June 13, 1977 -7- necessarily the size of the lot which is making it not work. He said the laws have been weak and the staff has been short. He said with the passage of the new septic tank law it has made provisions for at least 30 new sanitarians and several of these should come to Northwest Arkansas. He said the State of Arkansas is recommending lots of 1.1 an acre. Ken Riley, 2009 Berry, said they have the opportunity to change the course of the entire growth of Fayetteville. He said by making the lots 11 acres, they are creating a density problem. He said you should go with a natural growth area. He said Clear Creek is a classic example of a perfect development on the outside growth area of Fayetteville. Most lots are three acres. The density is beautiful and Mr. Lindsey has created an environment that is desirable to live in. He said sewer can be brought in if you find out there are problems with the septic tanks. Mr. Riley said they also have the opportunity to create a Commission to regulate septic tank requirements. He stated that the only way a subdivision could pay for the sewer is to have 70 feet lots and the City will have a squashed environment instead of an open, enticing area to live in. Ron Sherwood said he would like to see smaller than li acre lots on the surface. He noted that there are people who can't afford to pay the price for an acre and a half of land and put in a septic tank and build a home. He asked where we would put those people. He said if you have to put in a paved street, utilities, etc. it would not be feasible in most of the locations to go to that size of lot. He said if the land is developed, it will be to the exclusive type of homes. He said the only answer is smaller lots in the City and asked if that is what the City wants. Wilbur Watson said this land in the growth area will probably eventually be in the City. He said if they develop large lots they won't be able to support putting in sewer and the upkeep on the sewer. Mackie Watson said they have chosen to remain in Fayetteville and this would limit them considerably. Ken Riley said when you get 50 11 -acre lots there is a system for the growth area where sewage can go to a central area and be pumped out. He said they can take and run the sewer into a central holding area and pump it out more frequently than the normal septic system. Bill Bonner said he is in agreement with the proposal and declined to comment further. Jim Maguire questioned why they settled on 11/2 acre lots. John Maguire said this was a compromise --some wanted it to be one acre; some wanted three acres. General Kendall said the motive for the 112 acre minimum was to force development back into the City. General Kendall said the County would still keep the minimum lot an acre and a half, but he hoped they would change it. Elam Denham said Fayetteville is the only area which will have 1h acre lots. He said in all the rest of the County the main requirement will be according to Arkansas State Board of Health which is, with city water, half an acre. Peg Anderson said the Committee understood the arguments of an acre and a half. She said it would encourage urban sprawl. She said she hopes it will encourage growth in the area where the services are Chairman Power said the Planning Commissioners would take this up at a special meeting to be held on June 20 and he hoped would make a recommendation to the Board of Directors at that time. Peg Anderson left at 7:00 P. M. Next was the public hearing on Rezoning REZONING PETITION R77-19 Petition No. R77-19, Estate of Bell Mullins Estate of Bell Mullins to rezone property located West of Gregg W of Gregg $ N of Poplar Avenue and North of Poplar Street from R-1, Low Density Residential District to R-0, Residential Office District. Hugh Kincaid was present to represent. After a short discussion, Ernest Jacks made a motion to approve this rezoning request. Keith Newhouse seconded the motion, which passed 7-0. Planning Commission Meeting June 13, 1977 -8- The eighth item for consideration was the REZONING PETITION R77-20 public hearing on Rezoning Petition No. R77-20, Lois Stratton Lois Stratton to rezone property located North N of Hwy 62 West F, W of Dinsmore Tr. of Highway 62 West and West of Dinsmore Trail from A-1, Agricultural District to R-2, Medium Density Residential District. Lois Stratton was present. Mrs. Stratton said she wanted to build some apartments on the property. No one was present in opposition. Keith Newhouse made a motion to approve the rezoning as requested. Bill Kisor seconded the motion, which passed unanimously. Next was the conditional use request for seven duplexes submitted by Harrison Davis for property located South of Cato Springs Road between Conditional Use HARRISON DAVIS Between Coleman $ Emma Coleman and Emma Avenues, property zoned R-1, Low Density Residential District. This item was tabled at the May 23 meeting. Harrison Davis was present to represent. Harrison Davis said this area can use some duplexes. He stated that there are factories in the area. He said he has been having trouble selling single-family houses in that area and if he builds a single-family house it will be in the low $20,000 price range and if he builds a duplex, it will be in the $40,000 price range. The duplexes will contain 1600 square feet. Bill Kisor questioned the price range of the houses in that area. Rita Davis said it is in the $20-$40,000 price range. Larry Nixon, 627 Laura Lee said he has a petition with 36 signatures on it. He said most of the houses in the area are in the $35,000 price range. He stated that he had moved into the area thinking that there would be all single-family nice homes. He stated that by building duplexes, they are inviting transient people. He stated that a duplex is not sellable and a single-family house is. He said the neighbors are in total opposition to the duplexes. Chairman Power acknowledged the following petition in opposition to the conditional use request: PETITION AGAINST CONSTRUCTION OF DUPLEXES IN MEADOW LARK ADDITION 5-16-77 We the resident home owners in the Meadow Lark addition off Hwy. 265 in Fayetteville, Ark. due oppose any ordinance change, rezoning, conditional use and/or construction of duplexes in said addition. • A'G'AINST 02.--1,---L> c2Q Vo',„_,_e_., �Q- ./ .. ,, / & --,7‘,. \Q9-, - g 802.3a. aro�/b einin. A,26 ...5--'/A1:9- \:; R04,0.,:::,_•,..);L./. 3 a 6 nigte< is , pic, _5- /c- 77 •j (i s (cs-al AL . 4 ae, - s- /G'7.% . cLA Act o 3 7 L /4-1.7 Planning Commission Meeting June 13, 1977 • .5,..Lkd 61,x, v !Jr J.� L./7 et!. -9- 6c/ 514/7e_ -/a-77 s=/6-77 /6 -- 17 :/ c k ,/, . C c , .2 2 20 e,„Ctti o z�1 t 92. 01/e,/,977 1)$`\ 5 %cet3 t. ' �Vile/ n:t` iii/if// L.L.i L 4 a, coo? ytc. r pz, cu;�-L 1 \c,.lc / coo?7` ;7• iCt�lt:..� 1., �{{Ft1Ji-Z.. 1 .•� L / L. fff 1-1ke: ;1 /� 72.5 , i` r L4�cLB , az &zL ,� 22J 5 23r z4 4c. c/Jat,22`1/ &/c7.—Law (kcJ..J I1/4n St/L-2 t 11 Q* c'uleti a/00`ekevp.. ,. 2 1 , . 404 ,S ;/6 - ..(% es_ a} a 10 64 -- ,cc.; jet" s ids . ppp r, n / o l Cri<c.�.�-� Gl,-c-- cr. >-l-C(/z S =!G - /,1 ' tice/deta o)):DiznyL, ,4cceedczie.24, a--/.6 -2; .A.d_ _ .. def S .. SL�r . �. S%. ;i.:���:��`•IXQ.... 3716-5 ,, G 5-76 ciN'43\ \-11\1/49a()01 ali 4 r-.�.pp, A,,.�A,4- iia ..Ciao Ste., , sic, gaziat.— ud v -L -• 5 :-2 5 Mc., Ictatibrac, 5 - '' r 1 .rte --- s-- i c - 7 7' ..� !<�-% � f 3 > � may. ii,,,a/(/✓ (d /^ G 3a At-I.{t_, A 0 06/29 2R. -7:4-a,-/-2-=--- G 3 s -<<o& frital S//c7? y" • • • • • • • Planning Commission Meeting June 13, 1977 -10- Mrs. Nelda Nevels, 2101 Coleman said all the lots to the south of her house are vacant. She stated that it took Mr. Davis a long time to clean up where the sewer line was put across her property. Lucille Franklin, 635 Laura Lee, agreed that Mr. Davis doesn't keep his property cleaned up. Mrs. D. A. Baier, 2240 Emma said she can't figure out why Helen Edmiston can sell houses two blocks away and Mr. Davis can't sell his. Clyde Salle, 523 Salle, said he has property there and would like to see the duplexes come in. He said that is what the area needs. He said he had sold the property to Mr. Davis. He said that everything he tried to do with the lots was put down by the neighbors. He stated that the reason Mr. Davis had not mowed the lots is because he doesn't have the time. He said duplexes in there will be taken care of, and there is a big demand for duplexes. Harrison Davis again stated that he hasn't had very good luck in selling houses.' on the south side of town. Rita Davis said the area there is not suited for building duplexes. It is a nice single-family area. She said the yards are well kept and when you start building rental property it is not going to be kept as well as when someone owns the property. Harrison Davis said he has three homes rented there at this time and you can't tell them from those of people who own the houses He said the yards are well kept. John Maguire said duplexes would be of an economic benefit to the present or future owners of the property. He said duplexes in single-family areas are a conditional use Mr. Maguire said he might be in favor of the duplexes if he didn't have so many objections from the adjoining property owners. Harrison Davis said he had talked to a majority of the property owners and said only about 20% of those property owners who signed the petition were present at the meeting. He said a lot of the people who signed the petition said they didn't care if the duplexes were built or not. Ken Bogan, 2225 Lawson, said he represents a church which has a parsonage in the area and by the people being represented there, it shows they are trying to build a better area and don't want duplexes. Bill Kisor made a motion to deny the request for a conditional use to build seven duplexes. Rita Davis seconded the motion, which passed unanimously on a roll call vote. The tenth item for discussion was the public hearing to amend the zoning ordinance to add a "center for collecting recyclable materials" to Use Unit 17. There was no one present to oppose the proposal. John Maguire made a motion to approve the amendment to allow a recyclable materials" to Use Unit 17. Bill Kisor seconded the unanimously. CENTER FOR COLLECTING RECYCLABLE MATERIALS Add to Use Unit 17 "center for collecting motion, which passed Next was the study of the downtown area to see if DOWNTOWN AREA other properties should be rezoned to C-4 and review the parking requirements. This was tabled at the April 25 and the May 9 meetings. Chairman John Power asked Larry Wood if he would table this item until the June 27 meeting. Larry Wood agreed. Commissioner Ernest Jacks made a motion to table this until June 27. Bill Kisor seconded the motion, which passed unanimously. Parking Requirements Next was the letter from the Northwest Arkansas Regional Transportation Study regarding the following amendments to the Master Street Plan: (1) Add Meadow Street as a minor arterial or collector, LETTER FROM NORTHWEST ARKANSAS REGIONAL TRANSPORTATION STUDY • • • Planning Commission Meeting June 13, 1977 -11- (b) delete Block and East Streets as minor arterials, and (c) delete Center and Mountain Streets as minor arterials from Highway 71B to East Street. Bobbie Jones said this can only be amended by a public hearing before the Planning Commission or the Board of Directors. She said there are some problems they would have with Meadow and said some of the amendments have almost been taken care of by Ordinances already passed by the Board of Directors. Chairman John Power said he would like to have a public hearing on this in July. Larry Wood suggested July 25. The last item was a letter from Loyd Patterson, LETTER FROM Chairman of the Fayetteville Pollution Control FAYETTEVILLE POLLUTION Committee, concerning the development of ecologically CONTROL COMMITTEE sensitive areas. Loyd Patterson was present to represent. Mr. Patterson said the logical approach would be areas in the growth area with problem soil or problem drainage be identified so the developer can see right away that he is going to have to be careful in the way he approaches building. Bobbie Jones said, as she understands it, Mr. Patterson is proposing that there be some way that Bobbie Jones can say "this particular area does have a particular drainage or septic tank problem and you should be aware that you may have some particular higher cost of development"when people first contact her about development. Loyd Patterson said the Pollution Control Committee thinks that if the problems are identified before the developer buys the property, there will not be a burden on the developer. John Maguire questioned if there is a particular area Mr. Patterson is thinking about and he said they really started thinking about this after Clear Creek Acres was being developed by Jim Lindsey. Chairman Power instructed Bobbie Jones to put four items on the agenda for the special meeting to be held June 20. Bobbie Jones said she has had a request from REQUEST FOR REHEARING the attorney for Diamond Garton to consider a new rezoning petition within less than 12 months. She said she would put this on the agenda for consideration of whether or not to grant the rehearing on June 20. If the Planning Commission voted on June 20th to allow a re -petition, the public hearing itself would be scheduled for July. The meeting was adjourned at 7:40 P. M. RESOLUTION PC 30-77 WHEREAS, at its regular meeting on Monday, May 23, 1977, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat dated _ 19 known as Villa North Subdivision submitted by Holley -Ogden Enterprises, Inc., and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that S._13. Holley and Vernal Holley, and James R. Ogden and Sue Ogden, 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 FAYETTEVILLE, 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 Villa North Subdivision described as follows: LEGAL DESCRIPTION: Part of the Northwest Quarter (NW") of the Southwest Quarter (SW;) and a part of the Northeast Quarter (NE;) of the Southwest Quarter (SW;) of Section 35, T -17-N, R -30-W, more particularly described as beginning at the Northwest corner of the Northeast Quarter (NE%) of the Southwest Quarter (SW;) of said Section 35; thence South 89° 12' 27" East -658.76 feet; thence South 4° 33' West -645.49 feet; thence North 88° 33' 40" West -1028.04 feet; thence North 79° 20' 20" West -291.12 feet; thence North 4° 32' East -577.85 feet; thence South 89° 43' 41" East -660.55 feet to the point of beginning, containing 19.0 acres, more or less. PASSED AND APPROVED this ATTEST: day of , 1977. Keith Newhouse, Secretary. APPROVED: John Power, Chairman • • RESOLUTION PC 31-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, June 13, 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 R77-19, Estate of Bell Mullins. 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-0, Residential Office District, said real estate. LEGAL DESCRIPTION: Lot 16, Block 1, Revised Plat of Block 5 in Parker's Plat of Valley View Acres, an addition to the City of Fayetteville, Arkansas. SECTION 2. That the above described property be rezoned from R-1, Low Density Residential District to R-0, Residential Office District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman RESOLTUION PC 32-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, June 20, 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 R77-20, Lois Stratton. 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, said real estate. LEGAL DESCRIPTION: Part of the SW4, NW', Section 19, T -16-N, R -30-W, of the 5th P.M., County of Washington, more particularly described as follows, to -wit: Beginning at a point which is 272.3 feet north of the southwest corner of the SW4, NW', of said Section 19, thence north 637 feet more or less to the intersection of a public road; thence along the centerline of said public road S34° E, 85 feet; thence S 52° 21' E, 371.96 feet; thence S 69° 29' E, 252.56 feet; thence leaving centerline of road S 61° 44' W, 384.05 feet; thence S 74° W, 250 feet to the point of beginning and containing in all 4.38 acres, more or less. SECTION 2. That the above described property be rezoned from A-1, Agricultural District to R-2, Medium Density Residential District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED• John Power, Chairman