HomeMy WebLinkAbout1977-09-26 MinutesMINUTES OF A PLANNING COMMISSION MEETING
A meeting of the Fayetteville Planning Commission was held on Monday, September 26,
1977, at 5:00 P.M., in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT,
Chairman John Power, Jack Ray, Rita Davis, Bill Kisor, Peg Anderson,
Ernest Jacks, John Maguire.
Donald Nickell, Keith Newhouse.
Bobbie Jones, Angie Medlock, Scott Van Laningham, Brenda Blagg,
Larry Wood, Carter Schell, Ervan Wimberly, Helen Edmiston , Claude
Prewitt, Steve Krysowaty, Loris Stanton, Bryce J. Davis, Bill Bonner,
Charlie Carnes, Edna and Bruce Baker, Don Peak, Hugh Kincaid, Jerry
Sweetser, Robert Windham, and other unidentified persons.
Chairman John Power called the meeting to order.
The minutes of the September 12, 1977, Planning
Commission meeting were approved as mailed.
MINUTES
Chairman John Power said he had been in a meeting with REQUEST TO VARY
City Attorney Jim McCord, and City Manager Don Grimes, MINIMUM LOT SIZE
• before the Planning Commission meeting and Mr. McCord FOR SEPTIC TANK
felt the Planning Commission does not have the authority
to waive the requirements for the minimum lot size for property not having access to
public sewer. He said the two items concerning this, Mr. Lister and Mr. John Beard would
be taken up at the Board of Directors Meeting to be held on October 4, 1977.
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Chairman Power said he had received a request that the
Public hearing on Rezoning Petition No. R77-35, Robert
and Charles Nickle,.to rezone property located on the
Northeast corner of Sycamore and Leverett Streets, be
withdrawn.
Bill Kisor made a motion to accept the request to withdraw the petition.
seconded the motion, which passed unanimously.
REZONING PETITION -NO. R77-35
Robert F, Charles Nickle
Sycamore and Leverett
The first item for consideration was the approval of
the preliminary plat of Westwind Subdivision located north
of Township Road between Old Wire Road and College Avenue;
Edmiston-Prewitt, Realtors, developer. This is a Planned
Unit development proposed to have private roads.
Ervan Wimberly was present to represent.
Ernest Jacks said this is a Planned Unit Development proposed to have private roads.
He said there is a question if the road will cul-de-sac or tie into Sheryl and Ervan
Wimberly and Claude Prewitt felt it would not connect into Sheryl Avenue.
Mr. Jacks made a motion to approve the preliminary plat of Westwind Subdivision with
the following contingencies: 1) provide a turn -around satisfactory to sanitation ser-
vice and fire department; 2)1.the maximum length of the dead-end road be waived from
1000 feet to approximately 1,300 feet; 3) the Planning Office furnish a copy of the
protective covenants; 4) obtain approval of the adjoining property owners; 5) have it
Ernest Jacks
WESTWIND SUBDIVISION
PRELIMINARY PLAT
North of Township
Planning Commission Meeting
September 26, 1977 -2-
written into the protective covenants that the property owners agree to bring the road
up to City street standards if it is ever connected to a city street; and 6) the
property owners association be responsible for keeping the trees trimmed for sanitation
service and fire trucks.
Bill Kisor seconded the motion, which passed unanimously.
The second item for consideration Was the
preliminary plat of Sunset Woods
Subdivision located south of Wedington
Drive and west of Sunset Avenue; Sugg -
Bowen Enterprises, developer. This is
a Planned Unit Development proposed to have private roads.
Ervan Wimberly was present to represent.
Ernest Jacks explained that this still needs to go back through Plat Review again.
He said the adjoining property owner's who had objected previously had not been
notified and recommended to table approval of this until the October 10 meeting.
Bill Kisor seconded the motion, which passed 7-0.
SUNSET W00DS
Preliminary Plat
Planned Unit Development
`'S of Wedington B W of Sunset
The third item for discussion was a letter
from the developers of Summerhill, a Planned
Unit Development, requesting an amendment to the
plat as filed. This wouldchangethe maximum residential
living units from 60 to 90.
Ervan Wimberly was present to represent.
Ernest Jacks said the developer had originally designated all of Lot 1 for use as a
tennis club and now are asking for permission to change it to residential uses as a
possibility. This would involve duplexes since the Ordinance requires that they
cannot put high density within 100 feet of the R-1 District.
Mr. Jacks made a motion to approve the request for an amendment to the plat.
Chairman Power noted that there is a traffic problem in this area and felt at some
point they need to look at the situation.
Bill Kisor seconded the motion which passed 7-0.
Chairman Power noted that the developer would need to file an amended plat.
Next was the approval of the final plat BROPHY ADDITION
of Brophy Addition, located north of Township Final Plat
Road and east of College Avenue, Ralph Brophy, North of Township Rd.
developer.
Steve Krysowaty was present to represent.
Ernest Jacks made a motion to approve the final plat with 1) either a contract or bond
be furnished to the City and 2) a note on the plat regarding the easement on the future
street extension.
Bill Kisor seconded the motion, which passed unanimously.
The sixth item for consideration was the approval
of a revision to the final plat of Country Club
Estates, located northeast of Fayetteville
Country Club; The Stanton Company, Inc., developers.
This would eliminate the cul-de-sac and make tandem lots
Loris Stanton was present to represent.
SUMMERHILL
Planned Unit Development
Revision to Plat
COUNTRY CLUB ESTATES
Revision to the Final Plat
NE of Fayetteville Country Club
out of Lots 28 and 29.
Planning Commission Meeting
September 26, 19.77
• Ernest Jacks made a motion to accept the revision to the final plat. Jack Ray
seconded the motion, which passed 7-0.
Next was a public hearing on Rezoning REZONING PETITION NO. R77-30
Petition No. R77-30, Bryce J. Davis for Frank Lynch Bryce J. Davis
and Frank Krupa to rezone property located west of W'of:Hwy 71 Bypass $ N of Hwy 62 W
highway -61 Bypass and north of Highway 62 West
from A,-1, Agricultural District to 12,3, Medium
Density Residential District. This item was tabled August>15, 1977 and September
12, 1977.
Attorney Hugh Kincaid and Bryce J. Davis were present to represent.
Chairman Power noted that Planning Consultant Larry Wood had recommended that they not
approve the rezoning at this time.
Larry Wood said he had met with Bryce Davis and had talked to Mr. Kincaid and he does
like the revised plan much better than the original but would not recommend approval.
at this time.
Hugh Kincaid said the service road would be interior almost the full length of the
road. He said the problem of access has been solved with the access point as shown
on the map.
Mr. Kincaid said there is a problem with the triangular shaped piece of property
not owned by his clients which is landlocked,but they will provide them with an
easement out to the access road He also noted that there is more sewer available
than appears from the drawing. There is a new sewer line going in on the east side,
and there is sewer on Old Farmington Road.
Don Peak, 2650 Old Farmington Road questioned if the service road would dead end
or come out on Old Farmington Road. Chairman Power said it would open on Old
• Farmington Road.
Don Peak said that was oneof theproblems before --having dust one main road for the
high density which is proposed. He said he is strongly opposed, because Old Farmington
Road is not paved.
-Planning Consultant Larry Wood said the property which is supposed to make the service
road tie is coming up for rezoning next month. This would provide the tie from
Highway 62 to Old Farmington Road. He said the Planning Commission may require building
of that road when that property is developed.
Don Peak said this property was annexed into the City without the City doing any
improvements. He said he had been told it would be up to the property owners to make
any improvements.
Edna Baker, 2975 Old Farmington Road, said they live about 3 blocks west of this
property. Mrs. Baker said the condition of the road is a problem but she is also
concerned about the intense development of R-2 dropped into what is still a rural
area. She said the effort to make an exit directly onto the bypass does not seem
feasible because of safety reasons. She said the area is generally open and
scattered. She felt the reason for the postponements before has been because it was
too hastily brought in at first. She questioned exactly what would be done with the
property.
Dr. J. B. Hays, 967 Arlington Terrace, said he has the 82 acres immediately to the
west under contract to purchase and would like to see the street improved. He also
said he feels this plan is a reasonable request.
Bobbie Jones said there is an ordinance (Bypass Ordinance) which designates Highway 71
as controlled access and states that in order to develop the property, the developer
must submit to the Planning Commission a development plan showing a service road which
is to be built at the cost of the developer. .Also, the developer is to give in
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Planning Commission Meeting
September 26, 1977 -4-
writing an agreement to close any accesses onto Highway 71 Bypass and the service
road as constructed is to be designed in such a way as to provide continuous service
to other property. The triangular piece of property would have to be given a public
street right of way to it and there would have to be a written agreement to close the
access to the bypass.
John Maguire said he would be for rezoning this property assuming there would not be
any buildings started before the roads are built to Highway 62. Peg Anderson agreed.
John Power felt the Planning Commission could not approve a rezoning with this
contingency.
Attorney Hugh Kincaid felt they could deal with this when they come in for approval
of the large scale development plan.
John Maguire felt they could require them to build Old Farmington Road when they
bring in the large scale development plan.
Ernest Jacks said he was not certain they could do that.
Chairman Power felt the complaint about the density is,a reasonable complaint.
Larry Wood said he felt the land near the bypass would be developed at least as R-2
density._
John Maguire questioned if there could be possibly 200 acres or so eventually using
the service road and Larry Wood said "yes".
Peg Anderson said that until a road is built she can't see any type of development
plan.
Edna Baker said serious planning and consideration needs to be given to this before
it is submitted for rezoning. She felt they need to submit a new rezoning request
entirely.
Peg Anderson made a motion to deny the request. The motion died for lack of a second.
Chairman Power said they could allow the petitioner to table or withdraw the request.
He said if they deny the request, the petitioner must wait one year before resubmitting.
Bruce Baker said it is an inconvenience for the citizens concerned to have to keep
coming back to the meetings.
Attorney Hugh Kincaid asked that they be permitted to withdraw the request.
Ernest Jacks made a motion to permit Petition No. R77-30 to be withdrawn. Peg Anderson
seconded the motion, which passed 7-0.
The next item for discussion was the REZONING PETITION NO. R77-36
public hearing on Rezoning Petition Green Acres Road
No. R77-36, City Planning Commission City Planning Commission
to rezone property located on the West
side of Green Acres Road and the north side of Elm Street, from R-1, Low Density
Residential District to R-0, Residential Office District.
Chairman Power explained that the Board of Directors had asked the Planning Commission
to look at rezoning the entire area along Green Acres Road so that there would not
be spot zoning.
Chairman Power acknowledged one petition in favor of the rezoning, and one petition
in opposition, both of which follow on pages 7-11 of these minutes.
Bobbie Jones explained that the three houses on the south side of Elm Street are
on 80 foot wide lots; the original Lot 4 on the south side of Elm Street was 477.9
feet east -west, apparently measured to the centerline of Green Acres Road. That
left 237.9 feet for the depth of the R-0 on the south side of Elm Street.
Attorney Pete Estes, Jr. was present representing Mr. Box who owns property on Green
Acres Road. Mr. Estes said his client owns the front portion of Lot 3 and a portion
of Lot 2. Dr. Carter owns the lot to the north (lot 1). Mr. Estes said Dr. Box and
Mr. Box are interested in building professional offices on this property. He said he
understood the Board of Directors had sent this back to the Planning Commission to
Planning Commission Meeting
September 26, 1977 -5-
see if a buffer zone should be set up between the C-2 property to the north and
east and the residential property to the west.
Mr. Estes said some of the Board of Directors are in favor of having R-0 as the
buffer zone. He said this would also obtain the best use of the three lots. He
acknowledged a letter from Ken Lazenby who owns the west portion of Lots 2 and 3
who is willing to have his property rezoned R-0. He said by setting up the buffer
zone or RSO, it would eliminatefuture spot zoning. He noted that Dr. Carter's
property (Lot 1) borders a C-2 zoned piece of property. Pete Estes felt the Planning
Commission should consider all of Lots 1, 2, and 3 as an R-0 buffer zone.
George Curme, 2017 Erstan, said they are trying to preserve the neighborhood as
residential. He said what is being proposed is exactly what they are against.
He said he does not agree that they are doing the neighbors a favor by giving them
a buffer zone. He said he represents a majority of the homeowners and they are
strongly opposed.
-Denver Hudson, 108 West Elm, said they would like to retain the identify of their
neighborhood. He said he is sorry Mr_ Box invested in this land under the assumption
he may be able to get the property rezoned. He also said he is disappointed in one
Of the Board of Directors for signing the petition in favor of the rezoning.
Mr, Hudson said he would like to maintain the area as is.
Chairman Power said he felt the issue is whether or not there is encroachment on.
residential land.
Rita Davis said she had looked at the property and she is still opposed. She said
this is a nice street with well kept homes. She said she thinks the people on
Elm Street accept that Green Acres Road is for offices. She stated that she doesn't
think they accept and she doesn't either, that it go back to depth of 450 feet.
Pete Estes said Mr. Box would be willing to submit a Bill of Assurance that the
ingress and egress for their office would be from Green Acres Road.
Peg Anderson made a motion to deny the request. Jack Ray seconded the motion.
John Maguire questioned who owns the three lots to the west. Pete Estes said
-Mr. McFarland ownsdiie lot and Mr. McFarland said he had signed the petition for the
rezoning. Mr. Lazenby owns the other two 80 foot lots and he had signed the petition
for.
John Maguire questioned who owns the three lots to the south and Bobbie Jones said it
is Mr. Renegar, Mr. Williams, and Mrs. Webb. Mr. Renegar had signed the petition in
opposition and a lady who did not identify herself said she owned one of the other
two houses and she is opposed:.
John Maguire said if they could cut back some of one lot, he would be for approval of
the rezoning.
Bobbie Jones said the Planning Commission could decrease the area advertised to be
rezoned to R-0, but could not increase it. That was the reason all of Lots 1, 2, and
3 were advertised.
John Maguire said it is ridiculous to not consider changing the character of this
corner. He feels it will change.
The motion to deny, made by Peg Anderson and seconded by Jack Ray passed 5-2, with
Ray, Anderson, Davis, Power, and Jacks voting "Aye" and Kisor and Maguire voting
"Nay"
Chairman Power instructed the Planning Office to put the discussion on the letter
from County Judge Vol Lester and the City Board of Directors Resolution No. 75-77
on the agenda for the October 10 meeting.
Planning Commission Meeting
September 26, 1977 -6-
Next was the request for a ruling RULING ON OFF-SITE
on offsite improvements to be required in IMPROVEMENTS
order to approve a development plan on 6.97 Mathias Real Estate Partnership
acres not having a public street constructed :
to serve it at the present time. Will the Planning Commission permit the property
to be developed if the developer constructs a 31 foot wide street back of curb to
back of curb to minimum street standards on .the existing 35 foot wide right-of-way?
Chairman Power said he had met with the City Attorney and the City Attorney was
of the opinion that the Planning Commission should be leaning in the direction of
allowing a 31 foot back to back street on a 35 foot right-of-way.
Charles Presley and Sam Mathias were present to represent.
Bobbie. Jones explained that the Planning Commission may also impose a requirement
to improve 9th Street and try to get the developer to obtain additional dedication
on Willow and improve Willow in approving a development plan. Willow presently
has only a 20 foot dedication.
Bill Kisor made a motion to approve the request. Ernest Jacks seconded the motion,
which passed unanimously.
The last item discussed was the approval SEQUOYAH WOODS
of the Preliminary Plat of Tract C, Sequoyah Tract C
Woods, located North of Cherokee Drive and West Planned Unit Development
of Joe Fred Starr Road. This is a Planned Unit
Development proposed to have private roads
Jerry Sweetser and Robert Windham were present to represent.
Jerry Sweetser said he had met with the City Attorney and he had told him that this
four acres was originally approved as part of a planned unit development. Bobbie
Jones agreed that this was previously shown as multi -family on the Final Plat of
Sequoyah Woods, Phase I.
Jerry Sweetser said the entrance on Joe Fred Starr would be closed if he decides to
amend the plan to add the Phillips property to his Planned Unit Development.
Bobbie Jones said she had not seen the proposal on the Phillips property. She said
he had asked her about incorporating this with the four acres and Bobbie Jones
said if this is not made a part of the development he would still have a 100 foot
setback from the Phillips property if Tract C property is used for anything other
than R-1 uses. Jerry Sweetser said the plan being reviewed does meet the 100 foot
setback as shown. She also said he would have to file an amendment to his plan in
order to incorporate the Phillips property into it.
Bobbie Jones said he would not be able to reconvey individual units without approval
of a preliminary and final plat. Bobbie Jones said approval of the preliminary plat
would permit him to develop this but not to sell it without final plat approval.
Peg Anderson made a motion to approve the preliminary plat.
Bill Kisor seconded the motion which passed 7-0.
The meeting was adjourned at 7:15 P. M.
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Planning Commission Meeting
September 26; 1977
1
Members of the Commission:
We, property owners in the Green Acres Subdivision, submit this to register objection
to Petition R77-36 to rezone property located on the west side of Green Acres Road and
the north side of Elm Street: Lots 1, 2, & 3, Green Acres - from R-1, Low Density
Residential District to R-0 Residential Office District.
The objection by the undersigned owners of property in the subdivision is pursuant
to a public hearing by the Planning Commission scheduled for September 26, 1977:
ro.ert Owner
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PlanninghCommission Meeting
September 26, 1977
Members of the Commission:
We, property owners in the -Green Acres Subdivision, submit this to register objection
to Petition R77-36 to rezone property located on the west side of Green Acres Road and
the north side of Elm Street: Lots 1, 2, & 3, Green Acres - from R-1, Low Density
Residential District to R-0 Residential Office District.
The objection by the undersigned owners of property in the subdivision is pursuant
to a public hearing by the Planning Commission scheduled for September 26, 1977:
Property Owner Date
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Planning Commission Meeting
September 26, 1977
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Members of Commission:
We, property owners in the Green Acres Subdivision, .submit this to register
our support for Petition 77-2l,.
The petition of John E. Box, Jr. and Terry G. Box for the property located.
on the north west cornor of Elm street and Green Acres Road, more particularly
described as follows: Lot 3 Green Acres a subdivision of a part of the NWs,
SW >s Section 3, and part of the NE 1 ,SE 1/4 Section b. T -16N R -30W as designated
upon the recorded plat of said subdivision, less and except 193.3 Peet of equal
width and uniform width off the west end of Lot. 3. Also a strip 96 feet wide off
the east side off a strip 193.3 feet wide off the west end of lots 2 and 3 Green
Acres sub -division, as shown by the plat of said subdivision recorded in Volume
234 on page 2.76. To Rezone from R-1.Low Density Residential District to RO
Residential Office District.
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Planning Commission Meeting
September 26, 1977 -10-
Members of Commission:
We," property owners in the Green Acres Suhd',vis-Lon, submit: this +.o peg.; r
our support for Petition 77 -?u.
-The petition of John E. Box, Jr. and Terry G. Box Cor the property iacn.tt36
on the north west corror of Sim street and Green Acres Soai, more particularly
described as fellows: Lot 3 Greer. ccres a subdiv'..sioc of a part; of the [rr!',,,
SW _; Section 3, and part of the 11E > ,SE Section 4. .-i6N R-33rl as desirt";a,ed
upon the recorded plat of said subdivision, less and except 193.3 feet of equal
width and uniform width off the west end of Lot 3. Also a strip 96 feet +i.od off
the east side off a strip 193.3 feet wide oft th3 west and of lots 2 and 3 Green
Acres sub -division, as shown by the plat of es -Li cnbdivision recorded in Volume
234 on page 276. To Rezone from R-1 Low Density ':cesiderrcia.l District tc i0
Residential Office District.
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Members
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Planning Commission Meeting
September 26, 1977
of Commission:
de, property owners
suocort for Fetitian
in the
77-2h.
The petition of John i?
m the north west cornor of
?escribed as follows: Lot.3
3114 Section 3, and part of
Icon the recorded plat of
4idth and uniform width off
the east side off a strip 1
kcres sub -division, as show
236 on page 276. To Rezone
Residential Office District
Green Acres Subdtvision, submit this
to res' -_s ter
• Dox, Jr.- and Terry G. Box fcr the property lora
Elm street and Green Acres "'.oad, more eart.ieuL&r
Green Acres a subdiv'.sion re a part of the 1414):r;,
the NE ,SE '{ Section h. T --13N R -30d as desigon;ed
aid subdivision, less and sxcept 193.3 feet o_'' e.1'.Ial
the west end cf Lot 3. Also a strip 96 fest wide of. -
93.3 feet wide off t; -e wast and of lots 2 and 3 Cree.I
n by the plat o1 -'i i4i cuhd=v:.sion recorded in S.;,i•::ne
from °-1 Low Density °esiaenial District to iuO
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rec.a.yrkpag,t1174,507,-151, "ISM;
RESOLUTION PC 53-77
• WHEREAS, a public hearing was held by the City Planning Commission,
Monday, September 26, 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
Green Acres Road, R77-36.
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-0, Residential
Office District, be denied.
LEGAL DESCRIPTION:
Property located on the west side of Green Acres Road and the north
side of Elm Street more particularly described as follows: Lots 1,
2, and 3, Green Acres.
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
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RESOLUTION PC 54-77
WHEREAS, at its regular meeting on Monday, September 26, 1977, the
Planning Commission voted to approve the final subdivision plat dated
, 19 , known as Brophy's Addition submitted by
Ralph Brophy; and
WHEREAS, the Planning Commission recommended that because the necessary
improvements have not been installed in said subdivision that Ralph Brophy
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 Brophy's Addition described as follows:
LEGAL DESCRIPTION:
A part of the SW;, SE;, and a part of the SE;, SWa, Section 35,
T -17-N, R -30-W described as beginning at the SW Corner of said
SE;; thence west 117.84 feet; thence N 01° 31' E 420.00 feet;
thence west 41.70 feet; thence N 00° 05' W 102.2 feet; thence west
70.70 feet; thence N 00° 05' W 259.6 feet; thence east 86.4 feet;
thence N 00° 05' W 205.00 feet; thence east 50.31 feet; thence S
38° 36' 51" E 326.54 feet; thence N 76° 13' 52" E 82.00 feet;
thence 70° 16' E 139.2 feet;thence S 19° 44' E 300.46 feet;
thence S 70° 16' W 39.2 feet; thence S 19° 44' E 150.00 feet;
thence S 70° 16' W 100.00 feet; thence S 19° 44' E 347.41 feet;
thence west 469.58 feet to the P.O.B., containing 10.482 acres, more
or less, Fayetteville, Washington County, Arkansas.
PASSED AND APPROVED this
ATTEST:
Keith Newhouse, Secretary
day of , 1977.
APPROVED:
John Power, Chairman