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HomeMy WebLinkAbout1977-08-22 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, August 22, 1977, in the Board of Directors Room, City A4ministration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman John Power, Ernest Jacks, Keith Newhouse, Donald Nickell, Peg Anderson, Rita Davis, Bill Kisor. MEMBERS ABSENT: OTHERS PRESENT: Jack Ray, John Maguire. Mr. F, Mrs. Bob Hutson, Bobbie Jones, Angie Medlock, City Attorney Jim McCord, Carter Schell, Scott Van Laningham, Rick Cowdrey, Mr. $ Mrs. Jim Stephens, Sam Mathias, Bob Blackston, Gene L. Thrasher, Denver Hutson, and other unidentified persons. Chairman John Power called the meeting to order. The minutes of the August 15, 1977 Planning Commission MINUTES meeting were approved as mailed. The first item for consideration was the approval of the Final Plat of Huntington Place located northeast of Joe Fred Starr Road and south of Highway 45 East; Joe Lynn Henl-ey and Judy Henley, and Robert L. Hutson and Andre Hutson, developers. Bob Hutson was present to represent. Ernest Jacks said the Subdivision Committee recommends and he made a motion to approve the final plat with the stipulation that a note be added on the plat that the unbuildable area (over the electric easement on the back of Lots 10-14) be shown. Keith Newhouse seconded the motion. Peg Anderson noted that the new rules (Subdivision Regulations) concerning septic tanks say you must have 111 acres to put in a septic tank. She questioned how close sewer is and Bob Hutson said sewer is more than 1500 feet to the back portion of his property and he cannot hook on. The motion made by Mr. Jacks and seconded by Keith Newhouse to approve the final plat passed 5-1, with Power, Jacks, Newhouse, Kisor and Nickell voting "Aye" and Anderson voting "Nay". HUNTINGTON PLACE Final Plat NE of Joe Fred Starr Rd. The second item for discussion was the WESTWOOD SUBDIVISION preliminary plat of Westwood Subdivision Preliminary Plat located north of Maple Street and west of N of Maple f, W of Sang Sang Avenue; S $ J Company, developers. Rick Cowdrey and Mr. $ Mrs. Jim Stephens were present to represent. Ernest Jacks said the only question remaining concerning this subdivision has to do with paving Maple Street. Maple borders the subdivision on the south side. It is presently a gravel street. He asked the Planning Commission if the developer should have to pave the street bordered by the subdivision with no lots having access to that street. He stated that the developer is planning to bring their half of Sang (660 feet) up to City standards. Mr. Jacks said the Subdivision Committee recommended that they approve the preliminary plat as it is. He said they are back to a policy question of whether to require improvements to Maple since the lots themselves do not have access to Maple. Peg Anderson said it doesn't seem reasonable for them to improve Maple if none of the lots open onto Maple. • • • Planning Commission Meeting August 22, 1977 -2- Mr. Jacks said that the subdivision is designed to have access to the lots from other streets inside the subdivision. He agreed that it does not seem right that they should have to pave Maple. He also noted that they are not going against the Master Street Plan. Mr. Jacks made a motion to approve the preliminary plat as submitted. Keith Newhouse seconded the motion which passed unanimously. The next item was the public hearing REZONING PETITION NO.. R77-31 on Rezoning Petition No. R77-31, Mathias Real Estate Partnership Mathias Real Estate Partnership (John West of Easy Ave. $ N. of Poplar A., Bernice J., and Sam H. Mathias) to rezone property located west of Easy Avenue and north of Poplar Street from R-1, Low Denisty Residential Destrict to R-2, Medium Density Residential District. This item was tabled at the August 15, 1977 meeting. Bob Blackston, and James and Sam Mathias were present to represent. Planning Consultant Larry Wood recommended denial of the R-2 request. He said the Planning Commission generally agreed sometime ago that the area between Skull Creek and the railroad track would be light industrial. He recommended that the Commission not encourage any more residential growth in that area at this time. Peg Anderson stated that she felt Poplar Street is the dividing line for indus- trial and residential. Sam Mathias noted that the lots there are small and you would have to buy several lots to put any industrial on it. Larry Wood pointed out that the I-1 rezoning granted to Jim Lindsey by the Planning Commission which is going to the Board of Directors on August 23, is about a half a block away to the West. Sam Mathias, 221 South Block, said there are some homes and apartments on the west side of their property. He said it was his understanding that on the Land Use Plan this area is designated as R-2. Mr. Mathias said they are looking at another 9 lots there and would like to have a fairly large apartment complex with 50-60 units. Peg Anderson said she felt R-2 would fit in nicely. She noted that it is close to the University and the traffic at the University is already a problem. Peg Anderson made a motion to approve the rezoning to R-2. Ernest Jacks seconded the motion, which failed to pass, with Newhouse, Jacks, And erson, and Power voting "Aye" and Nickell, Kisor, and Davis voting "Nay". Rita Davis noted that if they are thinking of that area as I-1, they should leave it as I-1 because "I-1 areas are hard to find". Peg Anderson stated that the streets in that area cannot handle the kind of ware- house traffic this will generate. She felt they are asking for trouble. Next was the discussion on a development GENE THRASHER problem of Gene L. Thrasher for property located HUNTSVILLE ROAD immediately north of Southmont Apartments and abutting Huntsville Road. Gene Thrasher was present to represent. He gave a history of developments he had sponsored in the past and the public improvements (streets, water, and sewer) he had been required to construct with those developments. One of the developments had been Southmont Apartments and the developer had constructed Curtis Avenue from 15th Street to and through Southmont Apartments. Mr. Thrasher said he would like to sell approximately 7 acres Planning Commission Meeting August 22, 1977 -3- immediately North of Southmont Apartments and keep the 7 acres north of that fronting on Huntsville Road. He said prospective purchasers have been scared off because the Planning Office has warned them that it may require a street to be built through to Huntsville Road. Mr. Thrasher asked for the Planning Commission to tell him if this would be required. Chairman Power said that without giving them a large scale development plan, the Commission is of the opinion that something could be worked out on the street. Bobbie Jones noted that the Ordinance says on a large scale development the Planning Commission may require off-site improvements based on the need for those improvements created by the development. She said if they thought the magnitude of the develop- ment was such that he should develope a street, the Planning Commission could require it to be done. Chairman Power said they have required two accesses in some instances. He said if they are going to create a great deal of additional traffic, they may require another access. The sixth item for discussion was the amendment to FENCES Appendix A -Zoning, Fayetteville, Code of Ordinances to modify and more clearly define parking, fencing and screening requirements. The public hearing was accepted at the July 25, 1977 meeting and -tabled to make necessary revisions. Chairman Power and Ernest Jacks said they would like to table this until the September 12 meeting so they could have more time to look at the proposal. Bill Kisor made a motion to table this until September 12. Ernest Jacks seconded the motion which passed unanimously. Next was the appointment of a committee(s) to APPOINTMENT OF COMMITTEE study and make a recommendation on(a)green space in subdivisions, and (b) creation of an offices" only zone. Chairman Power appointed the following committees: to study green space in sub- divisions-- Ernest Jacks, Keith Newhouse, Bill Kisor, and to study creation of an "Offices" only zone-- Peg Anderson, Jack Ray, and Donald Nickell. City Attorney McCord said the Board of Directors GREEN ACRES ROAD left the Ordinance on Terry Box's rezoning on first reading so that the Planning Commission may holda,public hearing on rezoning this property and:make a recommendation on property adjacent to the north as R-0 and to recommend the depth off Green Acres Road for R-0. He noted that the law required that a notice be published in the paper 15 days before the public hearing. After some discussion, Donald Nickell made a motion to schedule a public hearing for September 26. Ernest Jacks seconded the motion, which passed unanimously. Bobbie Jones noted that the Board of Directors wanted the Planning Commission to check into rezoning this to a depth equal with the R-0 zoning on the (approximately 230 feet). They agreed to consider rezoning the approximately 230 feet depth. The last item for discussion was a study by City STUDY BY JIM MCCORD ON Attorney Jim McCord on Planned Unit developments. PLANNED_UNIT DEVELOPMENT Jim McCord summarized his memorandum to the Planning Commission . He said he had reviewed the Planned Unit Development section of the zoning ordinance and it does not authorize or prohibit the use of private streets in a planned unit development. He said it is impossible to give an opinion one way or another. He said there is no legislative history that gives any assistance what- soever. He recommended that the City amend the Zoning Ordinance to provide whether • Planning Commission Meeting August 22, 1977 -4- • • or not private streets are permitted in a planned unit development and if they are to be permitted to specify minimum standards for such private streets. Chairman Power asked that the Planning Commission schedule a public hearing for September 12. Peg Anderson made amotion to request a public hearing for September 12 to amend the Zoning Ordinance to clarify the planned unit development section of the zoning ordi- nance with regard to authorizing private streets in a planned unit development. Donald Nickell seconded the motion. which passed unanimously. The meeting was adiourned at 6:00. RESOLUTION PC 49-77 WHEREAS, at its regular meeting on Monday, August 22, 1977, the Planning Commission voted to approve the final subdivision plat dated April 8, 1977, known as Huntington Place submitted by Joe Lynn and Judy Henley and Robert L. and Andre Hutson. WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Joe Lynn and Judy Henley and Robert L. and Andre Hutson 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 RESOLVED BY THE PLANNING COMMISSION 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 Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedicated for streets and other public uses in the Huntington Place Subdivision described as follows: LEGAL DESCRIPTION: A part of the North half of the Northeast (NE) quarter of section 12, T -16-N, R -30-W, Washington County, Arkansas, more particularly described as follows, to -wit: Beginning at the northwest corner of the northeast quarter of the northeast quarter of said section 12 running thence N 890 48; E 618.80 feet, thence S 034 21' W 1140.74 feet, thence N 82° 15' W 775.12 feet, thence N 824 W 1056.00 feet, thence N 45° 18' W 26.42 feet, thence N 358.20 feet, thence N 89° 48' E 864.50 feet, thence N 503.88 feet, thence N 890 48' E 415.92 feet to point of beginning. PASSED AND APPROVED this ATTEST: Keith Newhouse, Secretary APPROVED day of , 1977. John Power, Chairman • • • RESOLUTION PC 50-77 WHEREAS, a public hearing was held by the City Planning Commission Monday, August 22, 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 Mathias Real Estate Partnership, R77-31. 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 R1-1, Low Density Residential, to R-2 Medium Density Residential, be denied, LEGAL DESCRIPTION: Lot 12, 11, 8, Block 2 revised Block 5 of Parker Plat Valley View Acres an addition 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 APPROVED: day of , 1977. John Power, Chairman