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HomeMy WebLinkAbout1977-07-25 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:10 July 25, 1977, in the Board of Directors Room, City Administration Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: P. M., Monday, Building, Chairman John Power, Rita Davis, Peg Anderson, Bill Kisor, Donald Nickell, Ernest Jacks. John Maguire, Jack Ray, Keith Newhouse. Bobbie Jones, Angie Medlock, Larry Wood, David McWethy, Scott Van Laningham, Rick Cowdrey, Terry G. Box, Christine Bailey, George Curme, Frank Lewis, Denver Hutson, Gordon Houston, Mrs. Penn, Paul Lewis, Mrs. James McCan, and other unidentified persons. Chairman John Power called the meeting to order. a The minutes of the July 18, 1977 Planning Commission meeting MINUTES were approved as mailed. The first item for discussion was the feasibility Feasibility Study study for a proposed subdivision located north N of Moore Rd $ E of Deane Solomon Rd of Moore Road and east of Deane Solomon Springdale Service $ Loan Corporation Road; Springdale Service and Loan Corporation, developers. Rick Cowdrey was present to represent. Ernest Jacks said the developer is asking what improvements would be required along Deane Solomon Road and Moore Lane. He said the Subdivision Committee indicated that the best thing they could do would be to talk with the City Manager's office and see what could be worked out. Chairman John Power saidthe developer should talk with the City Manager's office. The second item for discussion was the public hearing on Rezoning Petition No. R77-24, Terry G. Box and John E. Box, Jr. to rezone property located on the northwest corner of Elm Street and Green Acres Road from R-1, Low Density Residential District to R-0, Residential Office District. Terry G. Box was present to represent. He said they plan to have dental and doctor's offigeson the property. He said he plans to have his own dental office there. Terry Box said it would probably be three-four years before he would start building. Christine Bailey, 3 Elm Street, was present in opposition. She said they felt this was the best place in town they could live for their income bracket. She said it is a quiet street and in the Butterfield School District. She said she doesn't object to his building at all but she feels that this would be setting a precedent. She said someone down the street from this property has a buyer for his property and she thinks he may want to have his property rezoned. George Curme, 2016 Erstan, agreed with Mrs. Bailey. He said they chose that area of town to live for some of the same reasons as Mrs. Bailey. He said Erstan is a cul-de-sac street about a block west of Green Acres Road. He said it is a nice, low-density residential neighborhood which he would like to see preserved. He said he is concerned about the changing nature of the area. He agreed that doctor's office and dental offices would be fine. REZONING PETITION NO. R77-24 Terry G. Box NW corner of Elm $ Green Acres Road Planning Commission Meeting July 25, 1977 -2- Frank Lewis, 115 South Church, owns property which fronts on Elm. He said he has no objections to the doctor's offices as long as they are facing Green Acres Road. He felt they would be opening the door for further R-0 down Elm Street. Denver Hutson, 108 West Elm, said he has lived on Elm Street for several years. He said he is disturbed about the 280 feet of the rezoning request running down Elm Street. He stated that it appears they have a reasonable buffer zone already established between the subdivision and Highway 71. Christine Bailey said it was her opinion that everyone who signed the petition does not have any objections as long as the building is on Green Acres Road. Peg Anderson said in looking at the material it seemed a logical extension of the R-0 along Green Acres but in looking at the property itself she felt it was as the objectors said, quite different from Green Acres on the other side and she feels it would be a mistake to rezone this. Peg Anderson made a motion to deny the petition. Donald Nickell seconded the motion. Bill Kisor agreed with Larry Wood's planning report. He said R-0 is the right zoning for this property. Larry Wood said this property was included in a study done a couple of months ago which indicated a buffer of R-0 on the west side from the C-2 on the east side of Green Acres Road involving all the property from where it leaves Highway 71. He said Green Acres Road is going to be extended to Township which will make the west side an undesirable place to live. He said he still feels this is a reasonable request. Rita Davis questioned if Larry Wood was not concerned about the depth of the requested R-0 on Elm Street. He said it is already 200 feet on the south side zoned R-0. The motion to deny Rezoning Petition R77-24, made by Peg Anderson and seconded by Donald Nickell passed 5-1, with Davis, Anderson, Jacks, Nickell, and Power voting "Aye" and Kisor voting "Nay". Next was the public hearing on Rezoning Petition No. R77-25, Gordon Houston to rezone property located south of Deane REZONING PETITION NO. R77-25 Gordon Houston S. of Deane St. $ E. of P_orter Rd Street and east of Porter Road from R-1, Low Density Residential District to R-2, Medium Density Residential District. No one was present to represent. Larry Wood recommended not to rezone this property. Mrs. Penn was present against the petition. Chairman Power acknowledged three letters in opposition; one dated July 20, 1977, from Mr. and Mrs. Ernest Penn, one from Mr. and Mrs. W. A. Smith dated July 21, and a third letter from Nate Allen received by the Planning Office on July 22, 1977. Chairman Power summarized the reasons stated by Mrs. Penn for their opposition. Peg Anderson said she felt the fire protection and flooding are good reasons but did not agree with the reasons stated by the petitioners against the rezoning. Donald Nickell said he feels it would be an erosion of the R-1 property in that area He said he sees a possibility of a road being built down through the field. Donald Nickell made a motion to deny the petition. Rita Davis seconded the motion, which passed unanimously. The fifth item for consideration was the REZONING PETITION NO. R77-26 public hearing on Rezoning Petition No. R77-26, H. L. Mahan H. L. Mahan to rezone property located South of S of Old Wire Rd F, E of Collette Old Wire Road and east of Colette Street from R-1, Low Density Residential District to C-2, Thoroughfare Commercial District. No one was present to represent. Chairman Power acknowledged a telephoned request from Mr. Mahan to withdraw the petition for rezoning. • • • • Planning Commission Meeting July 25, 1977 -3- Bill Kisor said he had discussed the petition with Mr. Mahan and made a motion to accept the withdrawal. Rita Davis seconded the motion which passed unanimously. The next item for discussion was the public REZONING PETITION R77-27 hearing on Rezoning Petition No. R77-27, City of City of Fayetteville Fayetteville to rezone property located south of Meadow Street, west of College Avenue, north of Rock Street and east of Church Street from C-3, Central Commercial District to C-4, Downtown District. Ernest Jacks said they had set up the C-4 zoning because it didn't seem possible to set up parking, setbacks, etc. in the urban renewal area. He said the Planning Commission had planned to leave this up to the individual property owners to bring in their petitions to rezone their property, but this hasn't worked out. Paul Lewis was present. John Power said Roy Clinton had came down and stated that he felt there was a strong need for a C-4 district. He said basically the C-4 zoning would have different parking, setbacks, etc. from the C-2 and C-3 districts. Ernest Jacks said the primary difference had to do with setbacks He said the other big difference has to do with how they meet the parking requirements. The Planning Commission has the authority to waive parking in part or in whole provided the property owner would find other parking within a certain distance or the property owner would pay a certain amount of money for each parking space required; however, the Planning Commission must approve the alternative. Rita Davis said the present required $500 would not take care of a parking space. Ernest Jacks noted that in Little Rock in the urban renewal area they don't require any parking. He said the feeling is that as much as it costs to build in that area the developer will provide parking for their customers. Mr. Jacks said the City Board of Directors does want the Planning Commission to look at the $500 requirement. Peg Anderson questioned if they could allow a lesser residential density in the C-4. Bobbie Jones said it would allow multi -family but not single-family. Peg Anderson asked why they don't have Use Unit 9 in the use units for C-4, and called attention to the fact that townhouses are included in Use Unit 9. Bobbie Jones said the Board of Directors doesn't want the Planning Commission to approve any parking spaces at $500 per space, but they do want them to go ahead and rezone to C-4. Rita Davis said she felt they should schedule a public hearing to amend the $500 per parking space. Bill Kisor made a motion to approve the rezoning. Peg Anderson seconded the motion, which passed unanimously. Next was the public hearing to amend Appendix A -Zoning -Fayetteville FENCES Code of Ordinances to modify and more clearly define parking, fencing and screening requirements. Ernest Jacks asked that this be tabled until the end of August so that he could get with City Attorney Jim McCord on some changes in the proposed ordinance. Chairman John Power asked why they had proposed to reduce the setback in the R-0 zone. Mr. Jacks said he saw the possibility of people planting more. Chairman Power questioned if they might give them a little more incentive and make the setback 20 feet instead of 25 feet. Bobbie Jones said the 25 feet would be more compatible with the residential zone. Peg Anderson asked about requiring the screening of large garbage cans. Chairman Power said the Sanitation Superintendent would not allow the containers to be screened on four sides. There was some discussion about requiring screening on three sides. Rita Davis said it seems to be a lot of trouble because of where the containers are located. • • • Planning Commission Meeting July 2S, 1977 -4- Peg Anderson also questioned what follow-up the City has on screening. Mr. Jacks said the Inspection Department has to check up on this. Ernest Jacks made a motion to accept the public hearing and table the matter to take a vote=on the proposed ordinance at a meeting in late August. Rita Davis seconded the motion, which passed 6-0. The eighth item for discussion was the public AMENDMENT TO hearing to amend the Fayetteville Major Street MASTER STREET PLAN Plan as follows: a. The addition of Meadow Street as a minor arterial or a collector; b. The deletion of Block Avenue and East Avenue as minor arterials, and c. The deletion of Center Street and Mountain Street as minor arterials from Highway 71B to East Avenue. No one was present in opposition. Larry Wood said all of his recommendations are generated by the consultant report done by the Housing Authority. He said Meadow Street is presently 36 feet wide, and he doesn't see how they will ever get it to collector street standards --particularly after waiving Mcllroy Bank. Ernest Jacks questioned what Block, East, Center, and Mountain would become and Larry Wood said they would be 50 feet. Ernest Jacks made a motion to approve the proposed amendments with the addition of Meadow Street becoming a collector. Bill Kisor seconded the motion. Larry Wood said the intent is to take Block Street off altogether. The motion to approve the amendments to the Major Street Plan passed unanimously. The last item for discussion was the request for llth Street Mobile Home Park the new owners of llth Street Mobile Home Park James W. McCan (formerly Lamplighter Mobile Home Park) to add one new space for the purpose of placing a doublewide unit to be occupied by the owner of the park, James McCan,without filing a revision to the mobile home park. Mrs. Janes W. McCan was present to represent. Chairman Power questioned if this would be within the jurisdiction of the Planning Commission to waive this. Bobbie Jones said the ordinance requires that Prior to development of mobile home park ( or extensively remodeling an existing mobile home park) the developer shall be required to submit to the city planning commission for review and.approval an official plat of the proposed mobile home park. Said official plat of a mobile home park shall be subject to the provisions of the city subdivision regulations. (Chapter 13B-2) Bobbie Jones said they have filled in the swimming pool and want to add another space in its place. Chairman Power said for the past 2-3 years they have had a great deal of difficulty with the mobile home park question. He said it seems with the amount of things they have requested from Villa Mobile Home Park it would be necessary everytime there is a revision to have something on file in the Planning Office. Peg Anderson noted that a double -wide mobile home is already there. A young man present with Mrs. McCan said he came to the City Engineer for a sewer line, and the City Engineer gave him the o.k. to hook onto the sewer line. They later found out the line wasn't there. They came back in for a sewer tap and found out he shouldn't have placed the mobile home there so they stopped where they were. He said this mobile home would be for the owners and would not be for rental. He said all of the mobile homes in the park are on sewer. • • • Planning Commission Meeting July 25, 1977 John Power asked Mrs. McCan if she knew of any objection to this and she said "no". She said the swimming pool was an eyesore and has not been operable for several years. Bobbie Jones said she thought the Board of Health made them close down the pool. Chairman Power said he felt this is a one-time thing. They have to make the assumption that there won't be any further problems with this. He said he doesn't feel they are setting a precedent. Donald Nickell questioned if they have the required space for a mobile home and Bobbie Jones said they have in excess of what is required. He said he sees nothing wrong with this. He said he is disturbed by the fact that a mobile home can be brought in and placed on the property before enough questions are asked by the City. No one was present in opposition. Bill Kisor made a motion to approve the placement of the mobile home. Donald Nickell seconded the motion, which passed unanimously. Chairman John Power noted that there will be a problem getting a quorum for the August 8, 1977 meeting. He suggested they meet August 15 and 29, and if a special meeting is needed, it be held on August 22. Ernest Jacks made a motion to schedule the regular meetings of the Planning Commission on August 15 and 29. Bill Kisor seconded the motion, which passed unanimously. Rita Davis asked that they set a date for a public PARKING SPACES IN C-4 hearing to consider the parking spaces in the C-4 district. Ernest Jacks agreed with Rita Davis that they need to consider the parking spaces in C-4. He said they may also need to consider a revision to the subdivision regulations about green space and the possibility of an "office only zone". Chairman Power said he will appoint a committee to study these things at the August 15 meeting to bring a recommendation back to the Planning Commission. Donald Nickell said he hopes they don't make the C-4 parking requirements so strenuous that someone can't develop in the downtown area The meeting was adjourned at 6:25 P. M. r' 1 • RESOLUTION PC 39-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, July 25, 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 John E. Box and Terry G. Box, R77-24 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: Lot 3, Green Acres, a subdivision of a part of the NW',, SW', Section 3, and part of the NE;, SE4, Section 4, T -16-N, R -30-W, as designated upon the recorded plat of said subdivision, LESS AND EXCEPT 193.3 feet of equal and uniform width off the West end of Lot 3. ALSO, a strip 96 feet wide off the east side of a strip 193.3 feet wide off the west end of Lots 2 and 3, Green Acres Subdivision, as shown by the plat of said subdivision recorded in Volume 234 at page 276. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman • • • RESOLUTION PC 40-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, July 25, 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 Gordon Houston, R77-25 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 to R-2, Medium Density Residential District, be denied. LEGAL DESCRIPTION: Lot 16, a replat of Lots 11 thru 16, University Acres Subdivision to the City of Fayetteville. SECTION 2. That the rezoning of the above described real estate would not presently be desirable PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman • • RESOLUTION PC 41-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, July 25, 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 R77-27, City of Fayetteville. 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 C-3, Central Commercial District to C-4, Downtown District, that portion not already C-4. LEGAL DESCRIPTION: All of Block 15, 16, 17, 26, 27, 28, 30, 31 of the Original Town Plat. Also, Lots 1, 2, 3, 4, 5, 6, 9, 10, 11, and 12, Block 29, Original Town Plat. Also, Lots A, B, C, D, E, and F, Lipsey's Addition to the City of Fayetteville, Arkansas. SECTION 2. That the above described property be rezoned from C-3, Central Commercial District to C-4, Downtown District, that portion not already C-4, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman