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HomeMy WebLinkAbout1977-07-18 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A special meeting of the Fayetteville Planning Commission was held at 5:30 P. M., Monday, July 18, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman John Power, Vice -Chairman Ernest Jacks, Keith Newhouse, Bill Kisor, John Maguire, Donald Nickell, Rita Davis. Peg Anderson, Jack Ray. Bobbie Jones, Angie Medlock, Scott Van Laningham, Margie Bramlett, Harold and Mazelle Fetter and other unidentified persons. Chairman John Power called the meeting to order. There being no corrections or additions to the minutes of the July 11, 1977 Planning Commission meeting, they were approved as mailed. The first item for discussion was the petition to vacate and abandon a portion of Roland Street which is contained in Stubblefield Addition, located north of Rolling Hills Drive and east of Sheryl Avenue. Petitioners are Margie L-. Bramlett and Lawrence and Evelyn Cox, husband and wife. Margie L. Bramlett and Lawrence and Evelyn Cox were present to represent. Bobbie Jones said Rolling Meadows, Phase III, does not plan to use Roland Street as filed in the Stubblefield Addition. They have no objections to this being vacated. She noted that the 15 foot easement Ozarks Electric is asking for down the east side will be comparable to those easements down the back of the lots. She also noted that Clayton Powell; Street Superintendent, wants a 25 foot drainage easement down the middle of the right-of-way to be vacated. After some discussion, Ernest Jacks said he doesn't see any reason not to grant this easement. Ernest Jacks made a motion to recommend to the Board of Directors that they approve this street closing with the stipulation that the easements asked for be granted. Bill Kisor seconded the motion. No one was present in opposition. The motion to recommend approval of the street closing for a portion of Roland Street north of Rolling Hills Drive and east of Sheryl Street passed unanimously. MINUTES Petition to Vacate ROLAND STREET Stubblefield Addition The second item for discussion was a petition to vacate and abandon a portion of Caraway Street lying between Leverett Avenue and Storer Avenue. Petitioners are Harold R. and Mazelle Fetter and Ruth L. Harding. No one was present in opposition. Ernest Jacks noted the easements asked for. Mr. Jacks made a motion to approve this street closing with the easements asked for by the City Engineer and the Street Superin- tendent be granted. Bill Kisor seconded the motion which passed 7-0. Bobbie Jones pointed out that even with the easements, their building area will be increased. They will only have to stay off the easement and will probably have another 25-30 feet of the building area on their lots. Petiton to Vacate Portion of CARAWAY STREET Next was the discussion of the existing provisions DUPLEXES IN R-1 of the zoning ordinance allowing duplexes in the R-1, Low Density Residential District on appeal to the Planning Commission only. This item was 'tabled at the June 20 and June 27 meetings. • • Planning Commission Meeting July 18, 1977 -2- Rita Davis said she is concerned about the number of duplexes being asked for in an R-1 zone. She said she feels people who own homes in residential areas are opposed to duplexes being built in the R-1 zones. She said that to go into an R-1 zone with a request for 5-10 duplexes is a way of getting around the zoning ordinance. She said she doesn't regard some requests as legitimate duplex requests --they are actually asking for a R-2 zoning. Bill Kisor said he agrees with this part of the time but a lot of times duplexes are right in R-1. Donald Nickell pointed out that sometimes in R-1 duplexes are beneficial to the neighbor- hood, especially if the neighborhood is old. He said he would not want to do away with duplexes in R-1 entirely. Ernest Jacks said when the zoning ordinance was passed in 1970 the philosophy was that single-family and duplexes are compatible. He said they originally had duplexes as a use -by -right in R-1 and changed that in 1972 to a conditional use. John Power said he felt a conditional use was something that was approved for a period of time (temporary) but a conditional use for a duplex is there and you can't go back and review it in a year or so. Donald Nickell said he feels it is important to review the open space near the neighbor- hood. He said if there is no other open space and the neighbors don't object, he would be in favor of a duplex. Bobbie Jones noted that many of the duplexes being built are being built for rental. She said there was a shortage of housing for university students this past year and the City is in a "building boom". Donald Nickell made a motion to write into the by-laws that the affirmative vote of 5 members of the Planning Commission are needed to approve a conditional use. Rita Davis seconded the motion, which passed 7-0. After a discussion, Chairman Power instructed Bobbie Jones to put an amendment to the Planning Commission by-laws on the agenda for August. This amendment would require that 5 members of the Planning Commission vote for the conditional use before it can be approved. The last item for discussion was the Multi -family in R-0 on request by the City Board of Appeal to the Planning Commission Only Directors for the Planning Commission to review an amendment to the zoning ordinance that would allow multi -family dwellings in the R-0 zoning district on appeal to the Planning Commission only. This item was tabled at the June 27 meeting. Ernest Jacks said he feels there should be an "office zone". He said the way the R-0 zone is being used now was not the intent of this R-0 zonewhen the Ordinance was written. Mr. Jacks said the original intent had been for the R-0 with a mixture of offices and apartments to "ring" the Central Business District. Since then they have rezoned to R-0 some areas out in the suburbs and that is where the problem lies. Chairman Power said he is comfortable with things as they are and would like to leave this as it is until someone comes up with wanting to change this zone. John Maguire questioned if there have been any cases where R-0 was approved for offices and apartments were built there. Bobbie Jones said there had not been any cases yet but there are some now which have been rezoned to R-0 and have not been built on yet. Bobbie Jones pointed out that zoning could not be made conditional. She said the City Attorney has said that if the person requesting the zoning voluntarily submitted a "bill of assurances" saying what he wants to do with the property, they could hold him to it. She also pointed out that the City Board's request had been to make R-3 uses on appeal to the Planning Commission but that on a small piece of property R-2 would allow a much more intense use of apartments than R-3 becaus of the parking requirements. • • • Planning Commission Meeting July 18; 1977 -3- Ernest Jacks asked what zoning they have which will handle a small office building. Bobbie Jones said it could be a conditional use in R-2 and R-3 and a use by right in C-1 and R-0. John Maguire said they might have an "0" district and take the "R" uses completely out of it. Chairman Power and Ernest Jacks said they are not uneasy with the multi -family dwellings being allowed in R-0. There was no further discussion. The meeting was adjourned at 6:25. P. M. • • RESOLUTION PC 37-77 WHEREAS, the petition of Lawrence Cox and Evelyn Cox and Margie L. Bramlett for vacating an alley was presented to the City Planning Commission for recommendation; and WHEREAS, at a meeting on Monday, July 18, 1977, the City Planning Commission voted to make a recommendation to the City Board of Directors on said petition to vacate an alley. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That after the public hearing an ordinance be adopted for the purpose of vacating the public alley, described as follows: A portion of Roland Street 50 feet by 150 feet between Lots One Block Three and Lot 6, Block 2, Oakland Hills Addition to the City of Fayetteville, Arkansas. PASSED AND APPROVED this day of , 19 APPROVED: John Power, Chairman • A • • RESOLUTION PC 38-77 WHEREAS, the petition of Harold R. Fetter and MazelleFetter and Ruth L. Harding for vacating an alley was presented to the City Planning Commission for recommendation; and WHEREAS, at a meeting on Monday, July 18, 1977, the City Planning Commission voted to make a recommendation to the City Board of Directors on said petition to vacate an alley. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That after the public hearing an ordinance be adopted for the purpose of vacating the public alley, described as follows: A forty (40) foot street lying adjacent to and along the North side of Lot Five (5) in Block Two (2), Leverett's Addition to the City of Fayetteville, Arkansas, and lying adjacent to and South of Lot One (1), Block Three (3) in Leverett's Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and more particularly described as follows: Beginning at the Northeast corner of said Lot Five (5), at the intersection of Caraway Street and Leverett Avenue, and running thence West One Hundred Forty (140) feet to the Northwest corner of Lot Five (5), thence North Forty (40) feet to the Southwest corner of said Lot One (1), thence East One Hundred Forty (140) feet to the Southeast corner of Lot One (1) at the intersection of Caraway and Leverett Avenue, thence South Forty (40) feet to the point of beginning. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman