HomeMy WebLinkAbout1977-11-14 Minutes•
MINUTES OF A PLANNING COMMISSION MEETING
A meeting of the Fayetteville Planning Commission was held on Monday, November 14,
1977 at 5:10 P. M., in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman John Power, Rita Davis, Keith Newhouse, Bill Kisor,
Ernest Jacks, Peg Anderson, Jack Ray.
John Maguire, Donald Nickell.
Bobbie Jones, Angie Medlock, Larry Wood, David McWethy,
Scott Van Laningham, Bryce Davis, Rick Cowdrey, Howell
Trumbo, Marshall Carlisle, Doyle Horine, Jim Lindsey,
Ervan Wimberly, and other unidentified persons.
Chairman John Power called the meeting to order.
The minutes of the October 25 meeting were approved
as mailed.
The first item for discussion was the screening
waivers on Butterfield Plaza located at 2863
Old Missouri Road.
Neal Albright was present to represent.
Ernest Jacks said this came before the Subdivision Committee. He explained that
Neal Albright is proposing to move the pine trees which are along Old Missouri
Road to relocate those to between .his building and the Church. He said the
Church is still zoned R-1 and it requires screening. He said Neal Albright
has asked for a waiver to eliminate the planting along Old Missouri Road.
Ernest Jacks stated that Neal Albright is proposing to pay 75% of the cost of
materials and contract items and all of the engineering services to complete
the street to the south.
Ernest Jacks made a motion to 1) approve the relocation of the pine trees
which are along Old Missouri Road to Neal Albright's north property line in
lieu of screening and to accept planting along Old Missouri Road on the triangle
of open land south of the parking lot rather than 10% of the area in landscape
plantings; 2) to accept his proposal for the street to be built; and 3) recommend
to the City to undertake negotiations with the Church to get them to agree to pay
25% of the cost of the materials and contract items.
Bill Kisor seconded the motion.
Peg Anderson asked if they could enforce making the church pay for part of the
street and David McWethy felt they could form a street improvement district.
The motion passed unanimously.
MINUTES
BUTTERFIELD PLAZA
Large Scale Development
Old Missouri Road
The second .item for consideration was the
approval of the preliminary plat of Maple
Terrace Subdivision located south of
Highway 16 West and west of Highway 71 Bypass,
The Boys, Inc., owner; Bryce Davis, developer.
Bryce Davis was present to represent.
Ernest Jacks recommended approval of the preliminary plat with 1) waive the length
of the dead-end street from 500 to approximately 1300 feet; 2) waive the distance
between street lights in two instances; 3) obtain signatures of adjoining property
owners; and 4) finalize the easement with Warner Cable.
Keith Newhouse seconded the motion, which passed unanimously.
MAPLE TERRACE SUBDIVISION
Highway 16 West
Preliminary Plat
Planning Commission Meeting
November 14, 1977 -2-
The third item for discussion was the approval of the CEDAR CREEK
preliminary plat of Cedar Creek Subdivision located Preliminary Plat
East of Old Wire Road and south of Creekwood Hills,
West of Winwood Estates and north of Winwood II Subdivision, Grady Cowden, developer.
Rick Cowdrey was present to represent.
Ernest Jacks made a motion to approve the preliminary plat with three contingencies:
1) the tv cable easement be finalized. with Warner Cable; 2) connect Creekwood Drive
to Susan Drive and 3) correct the problem of the street names being confusing.
Bill Kisor seconded the motion, which passed unanimously.
Bobbie Jones explained that the parking area LETTER FROM VOL LESTER
does not conform with the City zoning regulations
but the County is a higher government power and is not bound by the City regulations.
Keith Newhouse questioned if there have been complaints on this parking lot from
the adjoining property owners and Bobbie Jones said she could not remember. David
McWethy said they had received complaints on the parking lot.
After some discussion, Chairman Power asked that it be on record that the Planning
Commission feels the County has not acted in good faith and we do anticipate
hearing back from them regarding their plans for this property. Another County
parking lot on the corner of Woolsey and North was also discussed as not conforming
to City zoning regulations.
The fifth item for consideration was HOWELL TRUMBO
a public hearing on Rezoning Petition No. R77-43, Rezoning Petition No. R77-4
Howell Trumbo, for First Freewill Baptist Church, Hwy. 45 $ Hwy. 265
to rezone property located at the southwest corner
of Highway 45 and Highway 265 (Crossover Road) from R-1,Low Density Residential
to C-2, Thoroughfare Commercial District.
Howell Trumbo was present to represent.
Larry Wood recommended they approve with a Bill of Assurances stating that they
will not build until sewer is available.
No one was present in opposition.
Bill Kisor made a motion to approve the rezoning, with the proposed Bill of Assurances.
Peg Anderson seconded the motion, which passed unanimously.
Next was a discussion on the amendments made to Villa VILLA NORTH
North covenants. As written, covenants would take Amendment to Covenants
the development out of the classification of a
mobile home park and put it in the classification of a standard subdivision.
The effect of this would be to remove the requirement for a mobile home park
to maintain: (a) a minimum&of 8% of the area as recreation space and (b) a view -
obscuring fence or hedge along the public street and between mobile home park
and adjacent R -zoned property.
Marshall Carlisle was present to represent.
Mr. Carlisle said the owner has executed a covenant to the City to the effect that
no mobile homes will be placed in the subdivision. He said the City Attorney had
advised them that in his opinion that is all the owner needs to do to take this
out of the classification of a mobile home park. He said Bobbie Jones felt the
Planning Commission should be aware of what they are doing.
No one was present in opposition.
Chairman Power asked that the Planning Office type a resolution accepting the
covenants as submitted.
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Planning Commission Meeting
November 14, 1977
The next item was a conditional use
request for a duplex to be located at
1214 Lake Sequoyah Drive, property
DUPLEX CONDITIONAL USE
1214 Lake Sequoyah Drive
Doyle Horine
zoned R-1, Low Density Residential
District, submitted by Doyle Horine.
Mr. Horine was present to represent.
Bobbie Jones acknowledged that the adjoining property owners had been notified.
Doyle Horine noted that there is presently a duplex next to his property.
No one was present in opposition.
Ernest Jacks made a motion to approve the conditional use request. Bill Kisor
seconded the motion, which passed 6-1, with Power, Jacks, Anderson, Kisor, Ray,
and Newhouse voting "Aye" and Davis voting "Nay".
The eighth item for consideration was
a waiver of sidewalk requirements for the
remaining phases of Hyland Park, located
HYLAND PARK
Waiver of Sidewalk Requirements
Crossover Road
East of Crossover Road; Jim Lindsey, developer.
Jim Lindsey was present to represent.
Mr. Lindsey explained to the Planning Commission what he is planning to do. He
showed them on the plat where sidewalks presently are, where they are proposed,
and where he is planning to build asphalt pathways. He asked that the Planning
Commission consider that in the areas where sidewalks are in Phase I, they would
be standard concrete sidewalks; in the pathways, they would put cross -ties and
SB -2 where they can, and in the very critical places, they will go -.with what is
already there. Peg Anderson asked if the pathways will be in public areas and
Jim Lindsey said "yes". Ernest Jacks said he felt some form of creek gravel would
be better looking than asphalt.
Mr. Jacks made a motion to approve the overall concept of sidewalks and pathways
with the addition of some type of pathways at the southwest corner of Phase I and
vary the materials on the pathways from asphalt to gravel.
Keith Newhouse seconded the motion, which passed unanimously.
Next was a petition to close a portion of Storer PETITION TO CLOSE
Avenue lying south of Sycamore Street and North of STORER AVENUE
Lawson Street, submitted by William E. and Elizabeth Carter.
Ervan Wimberly was present to represent.
Mr. Wimberly said the large scale development plan for Ralph Freeman has already
been approved. He noted that William Carter owns
where they are asking to have it closed. He also
approval from all of the utility companies.
Ernest Jacks made a motion to approve the closing
Keith Newhouse seconded the motion.
Don Gleason was present in opposition. He said he owns the property to the
west facing Oakland. He asked if this closing would be to extend the apartments
and Ervan Wimberly said "yes". Chairman Power pointed out that this is an R-2
district and apartments are a permitted use.
The motion to approve passed unanimously.
both sides of the street
pointed out that they do have
of Storer Avenue.
Next was a discussion on amendments made to the AMENDMENTS TO
Master Street Plan by the Board of Directors which MASTER STREET PLAN
were not reviewed by the Planning Commission.
These included 1) Ordinance 2281 which reduced the proposed width of College
Avenue from 80 feet to 60 feet between Spring Street and Center Street; 2)
Ordinance 2334 which reduced the requirement of Church Avenue between Dickson
Street and Archibald Yell from 80 feet to 60 feet; and 3) Ordinance 2385 which
Planning Commission Meeting
November 14, 1977 -4-
which reduces the requirement for College Avenue from 40 feet east of the center-
line to 34 feet east of the centerline.
Mr. Jacks said the Board of Directors had decreased the master street plan to allow
Jim January to build closer to the street right-of-way than what is permitted by
ordinance. Bobbie Jones said the Board of Adjustment had denied the variance to
decrease the front setback so he had gone to the Board of Directors for a decrease
in the Master Street Plan requirements.
Mr. Power felt if the Board of Directors has approved this, the Planning Commission
has no recourse. He said he would check with the City Attorney.
The eleventh item was a recommendation from a "OFFICE DISTRICT"
Sub -committee on changes in the zoning ordinance
to establish an "Office District".
Peg Anderson said the idea was to get rid of the R-0 District and form an office
district by taking Use Units 9 and 10 out of the R-0 District.
Mr. Jacks said he understood they were going to create a totally new zone. He
said the R-0 was originally thought of as being near town and very dense. He
said he did not envision completely getting rid of the R-0 zone.
Rita Davis felt they would want an Office zone for areas like Green Acres Road.
She said they would not want all the things allowed in an R-0 zone in that area
Larry Wood suggested they keep everything in the R-0 zone and put Use Units 9
and 10 into appeal to the Planning Commission.
Bobbie Jones said she would like the 15 foot side setback from an R -zone changed
to read R-1, R-2, or R-3. The Planning Commission agreed to leave this as an
R-0 zone and make those changes.
Chairman Power asked that the Planning Office advertise a public hearing on
this and ask Jim McCord to draw up an ordinance to amend the zoning ordinance
that would put Use Units 9, 10, and 4, on appeal to the Planning Commission and
change the wording to R-1, R-2, and R-3, for the side yard setbacks. The
Commission agreed unanimously to advertise for a public hearing.
The last item was a report from the GREEN SPACE
Subdivision Committee on a study concerning IN SUBDIVISIONS
requiring developers of subdivisions to reserve.
"green space".
Mr. Jacks explained to the Planning Commission what they had discussed at the
Subdivision meeting on green space. He said they would meet again on this at
the next subdivision committee meeting on November 28.
The meeting was adjourned at 6:25 P. M.
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RESOLUTION PC 64-77
WHEREAS, a public hearing was held by the Planning Commission, Monday,
November 14, 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
R77-43, Howell Trumbo.
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 R-1, Low Density Residential District to R-2, Medium Density Residential
District, said real estate.
LEGAL DESCRIPTION:
Part of the SE; of the SEa of Section 2, T -16-N, R -30-W, beginning
at the NE corner of said 40 acre tract, run thence West 4172 feet,
thence South 313 feet, thence East 4172 feet, thence North 313 feet
to the point of beginning, containing 3 acres, more or less.
SECTION 2. That the above described property be rezoned from R-1,
Low Density Residential District to R-2, Medium Density Residential District,
so that petitioner may develop property accordingly.
PASSED ADN APPROVED this
day of , 1977.
APPROVED:
John Power, Chairman