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HomeMy WebLinkAbout1977-07-11 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, July 11, 1977, in the Board of Directors Room, City Administration Building, Fayette- ville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Vice -Chairman Rita Davis, Ernest Donald Nickell, Bill Kisor, Jack Chairman John Power. Bobbie Jones, Angie Medlock, Van Laningham, General Bruce Thomas M. Glenn, Chad Kumpe, Vandevender, Curtis Shipley, persons. Jacks, Keith Newhouse, John Maguire, Ray, Peg Anderson. Larry Wood, David McWethy, Scott Kendall, Rick Cowdrey, J. 0. Hoggard, Neal B. Albright, Bob Blackston, Mildred Edwina Cummings, and other unidentified In the absence of Chairman John Power, Vice -Chairman Rita Davis The minutes of the Planning Commission meeting of June 27, 1977, were approved as mailed. The first item for discussion was the approval of the informal plat of Lewis Estates located South of Howard Nickell Road and Northeast of Salem Road, outside the City limits; Carlos L. and Velma Lewis, developers. General Bruce Kendall was present to represent. Ernest Jacks made a motion to approve the informal plat of Lewis Estates. Bill Kisor seconded the motion, which passed unanimously. called the meeting to order. MINUTES LEWIS ESTATES Informal Plat S. of Howard Nickell Rd. $ NE of Salem Rd. Next was the approval of the preliminary plat FOX HUNTER ESTATES of Fox Hunter Estates located outside the City Preliminary Plat limits on the south side of Fox Hunters Road; S. side of Fox Hunters Road Alfred R. Fuchs, developer. J. 0. Hoggard and Rick Cowdrey were present to represent. Ernest Jacks said this is the first time the Subdivision Committee has looked at a subdivision outside the city limits since the new ordinance was passed. He said the Subdivision Committee was concerned about the existing road which is in bad condition. He recommended approval of the preliminary plat with 1) dedicate the street stub right-of- way to the south property line; 2) waive the maximum length of a dead end street contained in the subdivision regulations from 500 feet to approximately 1700 feet in this instance; - 3) obtain the signatures of the adjoining property owners; 4) waive the topography intervals from 5 feet as required in the subdivision regulations to 10 feet as shown. Keith Newhouse seconded the motion No one was present in opposition. Rick Cowdrey questioned if it would be the policy now that any subdivision in the County and within the growth area will require paving of the roads and General Kendall said "yes" --at least a double seal coat. He said the County may require paved.streets, and curb and gutter on those subdivisions adjoining the City but on those further out in the Growth area they will only require paved streets unless there is a high density. He said this will be enforced even if it comes off an existing dirt road. The motion made by Mr. Jacks and seconded by Keith Newhouse to approve the preliminary plat of Fox Hunters Estates with the above stated stipulations passed unanimously. The third item for discussion was the public hearing on Rezoning Petition No. R77-21, Thomas M. Glenn to rezone property located east of School Avenue between Meadow and REZONING PETITION NO. R77-21 Thomas M. Glenn East of School Avenue Planning Commission Meeting July 11, 1977 -2- Center Streets from R-0, Residential Office District to C-Kla Neighborhood Commercial District. Thomas M. Glenn and Chad Kumpe, Director of Urban Renewal, were present to represent. Planning Consultant Larry Wood said that the request is contrary to the City's adopted land use plan and contrary to the urban renewal project plan which the City has approved. He stated that this is also contrary to the most recent review of the downtown area which is not fully adopted yet. He said the plan calls for offices and apartments and there is basically residential around this area at this point. He said it would be disruptive to both the Urban Renewal Plan and the General Land Use Plan if they approve this. Chad Kumpe said they agree with everything Larry Wood has said but the laundry and cleaners doesn't meet the standards for upgrading the square area because Mr. Glenn has a large boiler inside his building which he needs to get outside for Urban Renewal and OSHA requirements. He said Urban Renewal would like to have Mr. Glenn's building up to their standards but he cannot get a building permit without the rezoning since he is a non -conforming use. Bobbie Jones confirmed he can't increase the size of the building at all since it is a non -conforming use. Ernest Jacks said he felt this might be a good area for spot zoning as he felt there is a need to mix in neighborhood services with the R-0 district. Ernest Jacks made a motion to approve the rezoning as requested. Peg Anderson seconded the motion, which passed 8-0. The fourth item was the public hearing REZONING on Rezoning Petition No. R77-22, Ken Lazenby to rezone property located south of Zion S. of Zion Rd. g W. Road and west of Old Missouri Road from R-1, Low Density Residential District to R-2, Medium Density Residential District. No one was present to represent. Bobbie Jones said she had received a phone call from his attorney, Mr. Mills' secretary, who said Mr. Mills had been in court all day and asked that this be postponed. Rita Davis acknowledged a letter in opposition. Peg Anderson asked that the Planning Commission delay action onthis until the end of the meeting in case someone did arrive to represent the petitioner. PETITION NO. R77-22 Ken Lazenby of Old Missouri Rd. Next was the public hearing on Rezoning Petition No. R77-23, Neal B. Albright to rezone property located west of Old Missouri Road and south of Rolling Hills Drive from R-1, Low Density Residential District to R-0, Residential Office District. Neal Albright was present to represent. Larry Wood said his recommendation was that this constitutes spot zoning and is contrary to the Land Use Plan and if approved would establish a disruptive land use pattern in that area. Neal Albright said under the present R-1 zoning he would be allowed to build 6 single- family homes or 5 duplexes. He said this would be offensive to the community. He noted that there are 5 churches from Old Missouri Road to Old Wire Road and this would serve as a buffer zone between the residential and collector streets. He said they recommend that R-0 be centrally located in an urban district and this area has R-1 all around it. Bob Blackston was present representing Good Shepard Lutheran Church. He said the church presently owns the property and like the plan Mr. Albright has submitted. He said they would prefer the R-0 district to duplexes or single-family residences. He said they haven't had any opposition from any of the other property owners. Rita Davis noted that duplexes are allowed only on appeal to the Planning Commission in R-1 districts. Peg Anderson noted that R-0 does allow R-3 density and he could get up to 40 units per acre Neal Albright said it would be professional offices and not any restaurants or multi -family. REZONING PETITION NO. R77-23 Neal B. Albright West of Old Missouri Road $ South. of Rolling Hills Drive • • • Planning Commission Meeting July 11, 1977 -3- Mildred Vandevender, also representing the Good Shepard Lutheran Church said there are deed restrictions on this property which will restrict them to single-family or professional offices. She noted that the Nazarene Church has posted a letter in their church and announced it to the congregation and they don't have any objections to the R-0 district. Ernest Jacks asked Larry Wood if he is still against this and Larry Wood said the problem they are going to have to face is that there is a lot of undeveloped land on the other side of the street which is planned now for R-1. He said if the Planning Commission feels the plan in that area doesn't reflect the growth they want, they will need to revise the plan. John Maguire said he doesn't feel this is a more intense use than a church. He said the churches could use the office parking lots at night and on Sundays. Bill Kisor said he doesn't feel anyone would want to build a residence there. Bill Kisor made a motion to recommend to the Board of Directors that Rezoning Petition R77-23 be approved. John Maguire seconded the motion. Peg Anderson said she felt this area could use a larger area than that for R-0 but she feels the proposal is spot -zoning. The motion to approve the rezoning failed to pass 4-4, with Ray, Kisor, Maguire, and Newhouse voting "Aye" and Anderson, Jacks, Nickell, and Davis voting "Nay". Next was the approval of off-site parking submitted by SHIPLEY BAKING COMPANY Shipley Baking Company for property located west of Off-site Parking Locust Avenue and south of Dickson Street. Also, to waive the maximum width for a commercial driveway. Curtis Shipley was present to represent. He said the bakery feels they should stay in the downtown area. The Board of Adjustment lowered the requirement on parking to 36 spaces and also allowed them to back out of Locust Avenue to back their trucks into the loading docks. He said they have rented 8 parking spaces from Exxon for the past 8 years; they have 16 spaces across the street at their thrift store, and have 12-14 parking spaces of their own. They will have enclosed truck parking when they move the trucks to Locust and this will give them 35-40 parking spaces In addition to this, they may use some of the parking spaces at Speakeasy Restaurant.. Mrs. Backstrom, property owner to the south on Locust Avenue, was present but was not in objection to the proposal. Curtis Shipley said he is asking for a variance to allow the two driveways without the 25 foot safety zone between them. He said they are presently trying to work out another plan so they can have a safety zone but they haven't come up with anything yet. The driveway they presently propose is a little more than 112 feet wide. Bill Kisor made a motion to approve the request for off-site parking. Jack Ray seconded the motion, which passed unanimously. Keith Newhouse made a motion to waive the maximum width of the commercial driveway without a safety zone. Ernest Jacks seconded this motion, which passed unanimously. The seventh item for discussion was the change of EDWINA CUMMINGS non -conforming use request submitted by Edwina Change of Non -conforming Use Commings for property located on the northwest NW Corner of Mission P, Gunter Sts. corner of Mission Boulevard and Gunter Street. The property has been being used as a grocery store, and the requested use is a plant store. The property is zoned R-1, Low Density Residential District. Edwina Cummings was present to represent. Edwina Cummings said they are requesting a change in non -conforming use so they can lease the'property to the "Royal Palm". She said it has been leased to a grocery store for the past 10 years. She said she feels a plant shop will be compatible with this area She stated that they have talked to some of the residents in the area and there are no objections. Keith Newhouse made a motion to approve the change of non -conforming use. Bill Kisor seconded the motion, which passed unanimously. Planning Commission Meeting July 11, 1977 -4- The last item for discussion was a letter from T. C. Porter, 1833 Hanshew requesting to roof and enclose a mobile home to be a permanent structure that will be considered a dwelling other than a mobile home. A change in the ordinance would be required. Ernest Jacks said this will get down to the question of whether or not mobile homes will meet the building code. He said it seems if Mr. Porter can change his mobile home to meet all the requirements of the building code, it would be a prefabricated home. Bobbie Jones explained that a mobile home is a temporary use which is only granted for one year at a time. She explained that it may not be sold as a part of the land if the land is sold and is not transferable. She said if the property is rezoned, to anything other than agricultural, they would have to remove the mobile home; also, if an additional residence is built on the property the mobile home must be removed. Ernest Jacks said Mr. Porter is talking about doing what the Ordinance prohibits. Peg Anderson made a motion to deny the request to have the mobile home as a permanent residence. Ernest Jacks seconded the motion, which passed 7-1, with Davis, Anderson, Ray, Kisor, Nickell, Newhouse, and Jacks voting "Aye" and Maguire voting "Nay". T. C. PORTER 1833 Hanshew Request to enclose Mobile'Home There was still no one present to represent Rezoning Petition R77-22. Peg Anderson made a motion to deny the rezoning request on the basis of Planning Consultant Larry Wood's report. Ernest Jacks seconded the motion. After a short discussion, Peg Anderson withdrew her motion and his second. Bill Kisor made a motion to table this request until August 8, the motion, which passed unanimously. REZONING PETITION R77-22 Ken Lazenby Ernest Jacks withdrew 1977. Jack Ray seconded Bobbie Jones questioned if the Planning Commission SPECIAL MEETING wants to meet for a special meeting on June 18. She noted that there are only two items on the agenda and Planning Consultant Larry Wood would be out of town, but that the June 25 meeting will have a heavy agenda. The Commission agreed that they did want to meet on June 18. The meeting was adjourned at 6:15 P. M. • • • RESOLUTION PC 33-77 WHEREAS, at its regular meeting on Monday, June 27, 1977, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat dated , 19 , known as Amrita Acres, a Planned Unit Development submitted by John Andre, and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that John Andre enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final Planned Unit Development. 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 Planned Unit Development 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 Amrita Acres Planned Unit Development described as follows: LEGAL DESCRIPTION: Part of the SW4 of the NE; of Section 10, Township 16 North, Range 30 West, being more particularly described as follows, to -wit: Beginning at the Northwest Corner of said 40 acre tract and running thence East 150 feet to the point of beginning; thence running East 444 feet, more or less, to the West side of Old Missouri Road, now designated as Mission Avenue in the City of Fayetteville; thence with the West line of said street in a southwesterly direction 314.6 feet, more or less, to the Northeast Corner of a lot previously conveyed to Ward K. Adams, et ux; thence North 74° 05 West 181.8 feet; thence South 11° 30 West 113 feet; thence North 81° West 113.55 feet; thence North 326.65 feet, more or less, to the point of beginning, containing 2; acres, more or less. PASSED AND APPROVED this day of , 1977. ATTEST: Keith Newhouse, Secretary APPROVED: John Power, Chairman • RESOLUTION PC 34-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, July 11, 1977, fifteen (1S) 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 R77-21, Thomas M. Glenn. 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-0, Residential Office District, to C-1, Neighborhood Commercial District, said real estate. LEGAL DESCRIPTION: Part of the W1, NA, Block 19, Original Town of Fayetteville, described as. Beginning at a point 130 feet south of the Northwest corner of said block and running thence east 80 feet, thence north 40 feet, thence west 80 feet; thence south 40 feet to the place of beginning. Also a perpetual easement and right of way over and across a strip of land 9 feet wide extending from the east line of School Street east a distance of 50 feet along and adjoining the north line of the above described lot of parcel of land, which strip of land is to be kept open and used as a common driveway for the use and benefit of the properties lying upon either side of and adjacent to said driveway. Also, part of the NW;, Block 19, Original Town of Fayetteville, described as: Beginning at a point 160 feet south of the northwest corner of said block and running thence east 80 feet; thence north 30 feet; thence west 80 feet; thence south 30 feet to the place of beginning, including a perpetual easement in the south wall of the building on the lot lying north of and adjoining the above described lot. SECTION 2. That the above described property be rezoned from R-0, Residential Office District to C-1, Neighborhood Commercial District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: Rita Davis, Vice -Chairman • • • RESOLUTION PC 35-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, July 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 Neal B. Albright, R77-23 NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the petition requesting the rezoning of property, described as follows, from R-1, Low Density Residential District, to R-0, Residential Office District, be denied. LEGAL DESCRIPTION: Part of Lots 9 and 10, Block 5 of replat of Lots 7, 8, 9 and 10, Block 5, Oaks Manor Subdivision to the City of Fayetteville, Arkansas, more particularly described as follows, to -wit: Beginning at the southeast corner of said Lot 10, Block 5, thence N 64° 50.2' W, 425.54 feet; thence N 38° 9.8' E, 342.41 feet; to the west right of way line of Old Missouri Road; thence S 21° 5.24' E, 482.46 feet to the point of beginning, containing 1.63 acres, more or less. 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 • • • RESOLUTION PC 3&-77 WHEREAS, at its regular meeting on Monday, July 11, 1977, the Fayetteville Planning Commission voted to approve the informal subdivision plat dated , 19 , known as Lewis Estates, submitted by Carlos L. and Velma Lewis. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the City Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedicated for streets and other public uses in the Fox Hunter's Estates Subdivision described as follows: LEGAL DESCRIPTION: A part of the South' of the Southwest Quarter of Section 6 Washington County, Arkansas. PASSED AND APPROVED this day of , 1977. ATTEST: Keith Newhouse, Secretary APPROVED. John Power, Chairman