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HomeMy WebLinkAbout1977-10-10 MinutesA • • • MINUTES OF A PLANNING COMMISSI0N MEETING A meeting of the Fayetteville Planning Commission was held on Monday, October 10, 1977, at 5:15 P. M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Ernest Jacks, Donald Nickell, John Maguire, Rita Davis, Peg Anderson, Bill Kisor, Jack Ray. MEMBERS ABSENT: OTHERS PRESENT: John Power, Keith Newhouse. Bobbie Jones, Angie Medlock, Carter Schell, Larry Wood, Scott Van Laningham, Ervan Wimberly, Dr. $ Mrs. Sugg, Claud Prewitt, Harold Wescott, Jim Lindsey, Wade Bishop, Neal Albright, Allan Beauchamp, Ivan Mayes, Glen Oldham, and other unidentified persons. The minutes of the September 26, 1977 Planning Commission meeting were approved as mailed. The first item for discussion was the approval of the preliminary plat of Sunset Woods located south of Wedington Drive and west of Sunset Avenue; Sugg -Bowen Enterprises, developer. (This item was tabled at the September 26th meeting in order to notify adjoining property owners). Ervan Wimberly and Dr. F Mrs. Sugg were present to represent. Mr. Jacks said the Subdivision Committee is bringing this to the Planning Commission without a recommendation. He said the question now is having to do with duplexes within a Planned Unit Development being closer than 100 feet to adjoining R-1 property. Claud Prewitt said they (Edmiston-Prewitt Realtors) are working with Mr. Bowen and Dr. Sugg and there is no intention of anyone to develop this to maximum density and they would be willing to agree with the actual intent of Jim McCord that duplexes are not allowed. He said they would be willing to put in single-family. He said they do propose to change the total density to 114 units by dropping the maximum number of units. Mr. Prewitt said they don't know what the need will be in the future and would like some flexibility as to what they will build. He explained that there will be an architectural review committee to evaluate each structure. He said they want to retain the option of having a cluster -type development. He said they may want to have two or three-family condominiums. He said they have had several requests from older people for duplexes. Mr. Jacks felt they should come back in with a conditional use request for duplexes in a Planned Unit Development, if they are within 100 feet of adjacent R-1 property. Ervan Wimberly said it would not be economically feasible to develop Lots 1-5 and Lots 22-29 as single-family residences on a cul-de-sac street. He said they may want to extend this as a through street if they will be limited to single- family. Claud Prewitt said the idea of a Planned Unit Development is to use this property otherthan as a "checkerboard" subdivision. He said they plan to have tennis courts and a swimming pool and will have green space for the benefit of all the property owners. Jan McMullen, 916 Eva said the offer to lower the density pleases her . She said she is still of the opinion that one -family residences are what the adjacent property owners want. She said if they want to come back in later with a particular lot and ask for a duplex, she would like to see the proposal. MINUTES SUNSET WOODS Preliminary Plat S of Wedington F, W of Sunset • • • Planning Commission Meeting October 10, 1977 -2- Betty Wallace, 1627 Wedington Drive said she had not been notified. She questioned if the Board is not concerned with the increased traffic flow on Wedington. She said there is also a tremendous problem with drainage from North Street. She said the drainage system proposed shows more water directed to North Street and Wedington. She said this should be considered when the Planning Commission approves the Planned Unit Development. Ervan Wimberly said they may want to consider extending Eva to Cedarwood as a public street. Chairman Jacks asked, if the Planning Commission should impose a condition that no duplexes are to be built within 100 feet of adjacent R-1 property, would they want to withdraw the proposal and Dr. Sugg and Ervan Wimberly said "no". Claud Prewitt explained that most people in duplexes do not want the maintenance of a large yard. He said most people'in houses do want a large yard. Rita Davis questioned if there is really a need for this type of development and Claud Prewitt said "yes". He said the lots would be expensive and those duplexes which might be rented would be expensive. He said it would not be cheap rental property. Claud Prewitt said they had considered putting in the protective covenants that each duplex would have to be owner -occupied but didn't know if this would be enforceable. Peg Anderson questioned the approval proposed by the Architectural Review Committee. Claud Prewitt said the subdivider would retain a committee for architectural review until a certain percentage of the lots are sold and then it would go to the property owner's association. He said the developer is the most concerned with what type of buildings are put on the land. He said that in the past, the developer has said when 75% of the lots are sold, they will turn control over to the property owner's association. Jake Phillips, 1114 Valley View Drive, asked what the normal density is per acre in a standard subdivision. Claud Prewitt said it is between 2 and 5 units per acre. John Sugg asked if they could approve this with the condition that whatever the proposed Ordinance to amend the PUD requirements finally states, they will abide by. Rita Davis said Jim McCord had told her it would be up to the Planning Commission for interpretation on whether duplexes have to be located 100 feet from R-1 zoned property outside the PUD. Ervan Wimberly said Larry Wood is in the process of reviewing the PUD Ordinance. Sylvia Danforth said she had understood that the lots on Berry Street would not be a part of the Planned Unit Development. Ervan Wimberly said it will be now, since they revised the plat. John Swan, 1115 Oak questioned what guarantee you would have that there would not be rental property at some point in time. Ann Sugg said she would like to have that as part of the protective covenants but many people have told her this would be impossible to enforce. Ann Sugg said it would not be economically feasible to have these simply as rental duplexes. John Swan asked what would be the contemplated price for some of these units. Rita Davis said she did not feel this would be pertinent. Claud Prewitt said the final plat will probably have a lower density than 114 total units. Ernest Jacks made a motion to approve the preliminary plat with 1) the density not exceed 114 units and 2) no duplexes within 100 feet of adjacent R-1 except as conditional uses approved by the Planning Commission; 3) conform to the Plat Review Committee comments; and 4) the covenants as listed be abided by. • Planning Commission Meeting October 10, 1977 -3- Peg Anderson seconded the motion to approve made by Mr. Jacks, which passed unanimously. John Maguire questioned the minimum size of the dwellings and Ervan Wimberly said it would be 1200 square feet per living unit, even in the duplexes and triplexes. John Maguire said this would make the duplexes cost $70-$80,000. Peg Anderson said she feels they have a nice plan. She stated that they could put 7 units per acre and cut down all the trees but they are trying to keep the land as is. The second item for consideration was the approval of the preliminary plat of Westwind Subdivision located west of Township Road WESTWIND SUBDIVISION Preliminary Plat North of Township Rd. between Old Wire Road and College Avenue; Edmiston-Prewitt Realtors, developer. (This item was tabled at meeting in order to notify adjoining property owners). Ervan Wimberly and Claud Prewitt were present to represent. Ernest Jacks said the Planning Commission had approved this before contingent upon obtaining approval of the adjacent property owners. He said they have brought signatures of the adjoining property owners, but the signatures say they neither approve nor disapprove of the proposal Saieed Noorbakhsh said the 15 foot easement shown on this preliminary plat between Lots 7 and 8 in Brophy's Subdivision was considered to be a drainage easement and not a utility easement. Ervan Wimberly said they would check on this before starting construction. Saieed Noorbakhsh was concerned that they would be cutting down all the trees. He said he is objecting to them cutting down the trees. Ervan Wimberly said there will have to be a sewer easement somewhere along there to get back to the sewer on Jimmie Avenue. They may be able to move it over a lot or two in order to save some trees. Ernest Jacks pointed out that this is an existing easement. Mr. Noorbakhsh said he thought this was just a drainage easement. Ervan Wimberly said he felt certain it is a utility easement but he would check Brophy's plat. Saieed Noorbakhsh also asked if the private drive will have curb and gutter. He asked where the drainage would go. Ervan Wimberly said it will drain straight across to the west as it now does and will be curbed and guttered only on the east side. Ervan Wimberly said Township does not have a catch basin for quite a the September 26th ways. Peg Anderson explained that the developer is going to try to preserve as many trees as possible so the drainage will not be much more than what is existing. Claud Prewitt didn!t feel they would alter the drainage with this development at all. Mr. Noorbakhsh asked if this would be all single-family and Claud Prewitt said "yes". Bobbie Jones said Bar V ditches would be required where curb and gutter are not. Ervan Wimberly said they are trying to get the property owners to the north and east to join in this development and they do have a tentative plan to tie in 8 more lots at the end of this development. They are treating this as Phase I, with the remaining properties being Phase II. .He said this will call for extending the road an additional 600 feet which will make the cul-de-sac approximately 1900 feet long. Ervan Wimberly said both phases will be submitted as one final plat. Bobbie Jones said if the property owners to the east do not participate in this Planned Unit Development, they will not be able to use this private drive to meet street requirements in order to get a building permit on their property. Planning Commission Meeting October 10, 1977 -4- Ernest Jacks made a motion to approve the preliminary plat of Westwind Subdivision. Donald Nickell seconded the motion, which passed 7-0. Next was the approval of the final plat of Azalea Terrace, a subdivision lying South of Old Wire Road and north of Brookside East, Jerry Sweetser, Developer. Neal Albright was present to represent. Bobbie Jones said the 10 -foot easement along Azalea Terrace needs to be extended through on the east side of Lot 14. Bobbie Jones said they will need to file a separate document to dedicate the 1211 foot easement to the south of the subdivision as it is not part of this subdivision. Bobbie Jones said they need to show sidewalks all the way around the culs-de-sac and continued all the way along the street. Bobbie Jones said'in the preliminary stages of both Brookside East and Azalea Terrace the lot lines were shown going to the center.of the creek. When Brookside East came in, they dropped the lot lines back and said it would be included in the final plat of Azalea Terrace She said this land has not been picked up in either subdivision. This land is in the flood plain. Neal Albright said they decided to delete this from both subdivisions until later, they may come back later with some use for it. He said they had thought about dedicating this to the City for a park. He said they would like to delete that portion of the plat now. Ernest Jacks questioned what would happen if the City didn't require them to include this land in either subdivision plat. Larry Wood said it is better platting procedure to include it but if they are not creating a lot below zoning standards, he can't see that they can force the developer to include this in the plat. Bobbie Jones 'said it is doubtful that Mr. Sweetser could get a building permit for this area Peg Anderson said there is no guarantee that this land will be taken care of. Donald Nickell said he sees no problem with deleting this. Ernest Jacks made a motion to approve the final plat with 1) a 10 -foot easement on the west side of Lot 14; 2) show street light on Lot 34; 3) submit a document dedicating 1211 ft. easement off the adjoining property to the south; and 4) show sidewalks all the way around the cul-de-sac and all the way down one side of the street. Bill Kisor seconded the motion, which passed unanimously. AZALEA TERRACE Final Plat S of Old Wire Road $ N of Brookside East Mr. Jacks explained that Wade Bishop had submitted a concept sketch to the Plat Review Committee about a month ago on Regency North and the utilities had told them where they wanted utility easements. They did not go back through Plat Review the concept sketch with preliminary plat. Ernest Jacks said the only motion the Planning Commisiion can make is to approve it on the basis of final conformance to everything : the Plat Review Committee and Planning Office wants. He asked if the Planning Commission would be willing to consider Regency North on that basis Wade Bishop was present to represent. Peg Anderson felt if they don't have a recommendation from the Subdivision Committee, they shouldn't act on this. Donald Nickell didn't feel the Planning Commission should accept it either, but wanted to expediate this and to go ahead and act on it. REGENCY NORTH Preliminary Plat Wade Bishop Committee after • • • Planning Commission Meeting October 10, 1977 -5- Wade Bishop said they will get with the electric company and the City and work out something on the street lights. He said the average distance between street lights will be approximately 250 feet. Bill Kisor didn't feel they have any big problems and felt the Planning Commission should act on it. He did not feel, however, that the developer is going about this the right way. Ernest Jacks said they do not want to set a precedent on this. Bobbie Jones said the question of sidewalks, street lights, and full minimum City standards needs to be decided by the Planning Commission. The Planning Commission has the authority to require them based upon the rational nexus, or the need created by the development. Ernest Jacks asked if there has been an Ordinance passed whereby there will be a 24 -foot street curbed and guttered from Bishop Addition to College Avenue. Bobbie Jones said there is an Ordinance under which the City Board of Directors may agree to participate in the paving of an unpaved street. She said the street must have a minimum pavement width of 24 feet and connect at both ends to paved city streets and be at least 300 feet in length. When a developer develops his property, he would be required to bring the street abutting his property up to City standards. Wade Bishop said he has paid approximately 90% of the cost from Highway 71 to Bishop Addition. This is approximately h mile of pavement. Bobbie Jones said on the south side of the subdivision, there would be a question of whether sidewalks and street lights should be required. Jack Ray made a motion to approve the preliminary plat with the. foliowing contingencies: 1) meet the requirements of the Plat Review minutes of September 15; 2) meet any further requirements of the Planning Office and City street superintendent; 3) approve the tandem lot; 4) waiver of street light spacing to 360 ft. maximum. Jack Ray further said he did not feel Mr. Bishop should be required to put in sidewalks on Appleby Road. He felt Mr. Bishop has already been asked for too many things. Donald Nickell seconded Mr. Ray's motion to approve the preliminary plat, which passed 7-0. The Planning Commission members agreed they did not want to consider anything unless the plat has been through Plat Review and the requirements of the Plat Review Committee have been met and a revision checked. The fifth item for consideration was the approval of the revised preliminary plat of Phases IV, V, 4 VI, of Hyland Park located East of Crossover Road; Jim Lindsey, developer. Jim Lindsey was present to represent. Ernest Jacks said Lot 21 will have to approximately 5 acres. On Cliffside Drive, the cul-de-sac will be approximately 1800 feet long. This length would have to be waived --the maximum length for a dead-end street is 1,000 feet. Jim Lindsey is going to revise Lots 19, 80, and 83 to have 70 feet of width at the 25 foot setback line. Mr. Jacks said there are five tandemlots which will need Planning Commission approval. Ernest Jacks acknowledged a letter from the developer asking that he be allowed to omit all sidewalks because of the terrain. Mr. Jacks said there has been a question by Planning Consultant Larry Wood regarding the extension of Cliffside Drive to tie eventually to Joe Fred Starr Road. Larry Wood said it is approximately half a mile to Joe Fred Starr Road. HYLAND PARK Phases IV, V, $ VI Preliminary Plat E. of Crossover Rd. be approved for a septic tank. The lot is Planning Commission Meeting October 10, 1977 -6- Mr. Lindsey explained that the City Engineer does not want to serve only one lot with a lift station. That is why they are proposing to serve Lot 21 with a septic system. Peg Anderson questioned why the Planning Commission should waive sidewalks. She felt this would be the time when they need sidewalks if the grade is very severe. Mr. Lindsey said they would not be able to put sidewalks in because of the grade of the land. He said they may propose some type of pedestrian pathways across the back of the lots. He said the only way he and Street Superintendent Clayton Powell feel they could get a pathway in would be with crossties and SB -2. He said the grade in some instances is 15 feet across the width of the street. Ernest Jacks asked if the walkways were shown on common space in the previous plats and Jim Lindsey said "yes" --he would have to change the plat to reflect the common area for walkways. He said if they are required to put in some type of walkways, they will have to be across the back of the lots because there is too much of a problem with the cross slope. John Maguire questioned if there would be a problem getting a street right-of-way between Lots 19 and 20 to extend the street. Jim Lindsey said he would be willing to give the right-of-way but would not be willing to build the street to City standards at no advantage (to him). Larry Wood felt if it were an easement rather than a right-of-way Mr. Lindsey may not have to develop it. Bobbie Jones said it could be done with an easement through which people who own the property to the east could construct a street to minimum City standards and then dedicate it as a City street. She felt they could go ahead and construct the cul-de-sac as shown. Mr. Lindsey said he would have no problem with this. Bobbie Jones said City Attorney McCord had told her that only the Board of Directors has the authority to completely waive sidewalks. Bobbie Jones left the meeting at 7:00 P. M. City Attorney McCord said if Jim Lindsey wanted a complete waiver of sidewalk requirements, this would have to be granted by the Board of Directors. If he decides to vary the location of the sidewalks and put in some type of pedestrian pathways across the back of the lots, the Planning Commission may waive the location and design standards. Ernest Jacks made a motion to approve the preliminary plat of Phases IV, V, and VI of Hyland Park with the following stipulations: 1) waive the maximum length of a dead-end street (Cliffside Drive) to 1800 feet; 2) the property line on Lots 19, 80, and 83 be revised to get 70 feet lot width at the 25 foot setback line; 3) approve the 5 tandem lots shown; and 4) the developer extend Cliffside Drive with right-of-way or easement to the east property line. Jack Ray seconded the motion, which passed 7-0. John Maguire made a motion to recommend to the Board of Directors that they waive sidewalks completely in the remaining phases of Hyland Park. Jack Ray seconded the motion, which passed unanimously. The sixth item was a revision to a large scale development plan and revised conditional use requrest for tennis courts in an R-1, Low Density Residential District, located North of the intersection side of developer. (This item was tabled at the notify the adjoining property owners). of Old Wire Road and on the west Crossover Road; Allan Beauchamp, September 26 meeting in order to Allan Beauchamp was present to represent. Commissioner Jacks questioned if the adjoining property owners had been notified and Angie Medlock said "yes". Ernest Jacks made a motion to approve the revised conditional use request which would allow tennis courts to be built within SO feet of the property line. Peg ALLAN BEAUCHAMP Revision to Conditional Use Request Old Wire Road 4 Crossover Rd. • • • Planning Commission Meeting October 10, 1977 -7- Anderson seconded the motion, which passed 7-0. Next was the public hearing on Rezoning REZONING PETITION NO. R77-34 Petition No. R77-34, Ivan M. Mayes and .. Glen Oldham & Ivan M. Mayes Glen Oldham for property located on Highway 62 Highway 62 West West and West of Highway 71 Bypass to rezone from A-1, Agricultural to C-2, Thoroughfare Commercial District. Glen Oldham and Ivan Mayes were present to represent. Larry Wood said he had recommended to the Planning Commission that Mr. Mayes' request be approved because it is in keeping with the adopted land use plan for Highway 62 West. He further recommended that the Oldham property be approved as C-2 for the same depth as the Mayes' property which makes it conform to the adopted plan, with the remainder going to R-2, Medium Density Residential. This will provide the transition to the single-family on Rutledge Lane. Glen Oldham said he would accept Larry Wood's recommendation. Bill Kisor made a motion to approve the rezoning of Ivan Mayes' property to C-2 and Glen Oldham's property to C-2 even with the depth of the Mayes' property and the remainder being R-2. The vote was 7-0. Next was the public hearing on Rezoning REZONING PETITITON NO. R77-39 Petition No. R77-39, David K. Patton David K. Patton to rezone property located on the south S. of Hwy. 16 E side of Highway 16 East and the intersection of Highway 265 from A-1, Agricultural District and R-1, Low Density Residential District. No one was present to represent. Peg Anderson made a motion to deny the petition. Ernest Jacks seconded the motion, which passed 7-0. After a short discussion, Peg Anderson made CITY BOARD OF DIRECTORS a motion to ask the Subdivision Committee RESOLUTION NO. 75-77 to draw up the necessary ordinance to accompany the Board of Directors Resolution setting guidelines for maintenance of green space in subdivisions. Donald Nickell seconded the motion, which passed 5-2, with Davis, Anderson, Jacks, Nickell, and Maguire voting "Aye" and Ray and Kisor voting "Nay". The meeting was adjourned at 7:30 P. M. • RESOLUTION PC 55-77 WHEREAS, at its regular meeting on Monday, October 10, 1977, the Planning Commission voted to approve the final subdivision plat dated 19 , known as Azalea Terrace Subdivision submitted by Jerry D. Sweetser and Sharon J. Sweetser; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Jerry D. Sweetser and Sharon J. Sweetser enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final plat. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISISON 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 Azalea Terrace Subdivision described as follows: LEGAL DESCRIPTION: A part of the SE; of Section 36, T -17-N, R -30-W of the 5th principal meridian in Washington County, Arkansas, and being more particularly described as follows, to -wit: Beginning at a point East 165.00 feet and N 1° 0' W 960.85 feet from the SW corner of the SE; of said section, thence N 59° 20' E 1336.90 feet, thence S 01° 17' E 413.16 feet, thence S 59° 20" W 1032.23 feet, thence S 64° 17' W 156.43 feet, thence N 30° 40' W 41.22 feet, thence S 55° 44' 59" W 146.64 feet along the chord of a curve (arc length of 150.04 feet), thence S 76° 56' W 125.00 feet, thence S 13° 04' E 66.40 feet, thence S 59° 31' 21" W 263.49 feet, thence S 76° 56' W 211.00 feet to the point of beginning, containing 14.51 acres, more or less. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman ATTEST: Keith Newhouse, Secretary RESOLUTION PC 57-77 WHEREAS, a public hearing was held Monday, October 10, 1977, fifteen (15) on the property and after a notice was Arkansas Times, a newspaper of general by the City Planning Commission, days after a sign was erected published in the Northwest circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on the petition of David K. Patton, R77-39. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISISON 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 Reisdential District to C-2, Thoroughfare Commercial District, be denied. LEGAL DESCRIPTION: Part of the NW; of the NE; of Section 23, T -16-N, R -30-W, bei.ing more particularly described as follows, to -wit: Beginning in the center of the Huntsville Road at a point which is 511.5 feet South and 322.64 feet South 83 degeees 30 minutes West from the NE corner of said 40 acre tract and running thence South 02 degrees 30 minutes East 526 feet, thence South 83 degrees 00 minutes West 175.9 feet, thence North 30 degrees 57 minutes West 71.94 feet, thence North 02 degrees 30 minutes West 473.2 feet, thence North 86 degrees, 37 minutes East 208.60 feet to the point of beginning containing 2.45 acres, more or less, Washington County, Arkansas. 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