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HomeMy WebLinkAbout1978-01-23 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held on Monday, January 23, 1978, 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, Newton Hailey, Rita Davis, Bill Kisor, Peg Anderson, Ernest Jacks, Keith Newhouse, Beth Crocker, Mort Gitelman. None. Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, Larry Wood, Rick Cowdrey, Rudy Moore, Charles Johnson, and other unidentified persons. Chairman John Power called the meeting to order. There were two corrections to the minutes of January 9 and MINUTES the adjourned Planning Commission meeting of January 10. Bill Kisor stated that he had voted "Nay" on Smoke Rise Subdivision, Page 1 of the adjourned meeting; and Peg Anderson noted that on Page 6 of the January 9 meeting, it reflected that all members had voted "Aye" and Hailey, Jacks, Newhouse, Crocker and Davis had voted "Nay". With these corrections, the minutes were approved as mailed. The first item for discussion was the RECONSIDERATION OF MAPLE TERRACE reconsideration of action taken on $ SMOKE RISE SUBDIVISIONS January 9 and January 10 on the final South of Hwy. 16 West P, West of plat of Maple Terrace Subdivision and the Highway 71 Bypass preliminary plat of Smoke Rise Subdivision, both located west of Highway 71 Bypass and south of Highway 16 West. Ernest Jacks made a motion to table consideration of these two subdivisions until the developers can work something out on drainage and the proposed east/west street stub. Bill Kisor seconded the motion. City Manager Don Grimes said the developer of Maple Terrace would have to work with the developer of Smoke Rise on an easement for drainage. Mr. Grimes said he had had a meeting with both developers to try to work out something on the problems of sewer and drainage. He said the City has a manhole near the Frontage Road at a depth of approximately 10 feet. He explained that when Maple Manor hooked on to sewer, they came up three feet with a manhole and 150 feet further west, came up two more feet with another manhole, so they are at minimum depth. He said sewer, as it is, will serve Smoke Rise Subdivision and part of Maple Terrace. The northernmost lots on Maple Terrace cannot be served at the present time by the existing sewer. He said Bryce Davis had indicated he would move Jewell Road to the south of Smoke Rise Subdivision far enough to allow for the lot depth of a residential lot. The developer of this property to the south of Smoke Rise Subdivision would then be required to extend Jewell Road to the frontage road when the property is developed. He said Mr. Demaree has a first refusal option on the purchase of this property. Mr. Grimes said he had talked to the City Board of Directors about the sewer problem and they approved the idea of the City relaying the sewer line (at a cost of approximately $25,000-$30,000) so they will have more depth and can serve a larger area, contingent upon approval of.the Water and Sewer Committee. Mr. Grimes said the Water and Sewer Committee has asked City Engineer Don Bunn to field check to see if the additional area which could be served would be large enough to justify the expense. Mr. Grimes said he should have some figures on this within the next few days. Mr. Grimes also pointed out that the City Board did not make a recommendation that the Planning Commission consider allowing the developer to move the proposed street stub, as stated in the Planning Commission agenda. He said the Board did not really to into that issue. • • • Planning Commission Meeting January 23, 1978 -2- Beth Crocker questioned what would happen if Mr. Demaree did not exercise his option to buy the property to the south of Smoke Rise Subdivision. Mr. Grimes said they had discussed this, and they felt that with the street physically stubbed out to the property line, it should be obvious to anyone buying the property that the street would have to be extended. The motion to accept tableing these two items,made by Mr. Jacks and seconded by Mr. Kisor passed unanimously. Next was the approval of the Final Plat of CENTURY ESTATES Century Estates located north of Township Final Plat Road and West of Old Wire Road; Rose North of Township Road Construction Company, developer. P, West of Old Wire Rd. Rick Cowdrey was present to represent the developer. Ernest Jacks made a motion to approve the final plat with the following contingencies: 1) construct a sidewalk on the east side of Lot 1; 2) conform to the requirements of the Plat Review Committee; and 3) enter into a contract with the City. Keith Newhouse seconded the motion, which passed unanimously. The third item for discussion was a report from REPORT FROM LARRY WOOD Planning Consultant Larry Wood on the Land Use ON TOWNSHIP ROAD Study on Township Road. The Commission has LAND USE STUDY studied the land use in this area in the past, but no public hearing has ever been called to amend the Land Use Plan. Larry Wood said the major change is that the property on the north side of Elm Street be proposed as medium density residential in the future. Mr. Jacks questioned if they could propose a street between the medium density residential on the north side of Elm Street and the commercial south of Township Road. The Commission decided to amend Larry Wood's study to propose anE east/west street from Gregg back to Green Acres Road. Peg Anderson made a motion to hold a public hearingon the land use study for the area between Gregg and Green Acres Road and south of Township Road. They amended Larry Wood's study to propose an east/west food from Gregg to Green Acres road, south of the SWEPCO property and south of Colt Square The property on the south. side of this road would be proposed for R-0, Residential Office, and the property on the north side of Elm Street would be proposed for R-1, Low Density Residential. Ernest Jacks seconded the motion, which passed unanimously. Further discussion between Planning Consultant Larry Wood and Chairman John Power centered around how the land use study should actually be presented at the public hearing. Next was the appointment of a.nominating committee to NOMINATING COMMITTEE elect a chariman, vice-chairman, and secretary of the Planning Commission for 1978-1979. Also, appointment of a new Subdivision Committee member to replace the post vacated by Jack Ray. Chairman John Power asked that Bill Kisor, Mort Gitelman, and Peg Anderson serve on the nominating committee to elect new officers. He felt the new chairman should be responsible for appointing a new member to the Subdivision Committee. Chairman Power submitted the following letter resigning his post as Chairman of the Planning Commission: IBJ r Planning Commission Meeting January 23, 1978 -3- January 23, 1978 POWER INVESTMENTS, INC. 518 South Thompson Springdale, Arkansas 72764 Phones (501) 751-1070 All Planning Commission Members, Fayetteville City Board of Directors, City Manager, Don Grimes, Consultant, Larry Woods. I want to take this opportunity to thank all of those that have supported me as Chairman of the Fayetteville Planning Commission for the past two years. It is my feeling, that with my travel and business responsibilities increasing, that I resign my position as Planning Commission Chairman. I have two years yet to fulfill as a planning commissioner, and do expect to fulfill my term. The Chairman's job, as you are aware, is most time consuming and yet for me, I feel that for the past two years we have had as a Planning Commission a good relationship with the community. This last year, we have had many complex problems. No zoning decision, no planning decision, has come easy for our Planning Commission. I feel the Planning Commission during this time has worked with integrity to see that what we want in the way of a strong community has best been developed. In no way do I want to use this forum as a way to attack some of the decisions of the City Board, yet, I believe that often times the City Board is not fully versed in all that goes into our many decisions. Again my thanks to all who have so given of their time and effort to reach what has in my opinion been most equitable to all involved. The Planning Chairman that succeeds me, will have my full support, as will the City of Fayetteville. John D. Power, Jr. Planning Commission Meeting January 23, 1978 -4- Next was discussion on a resolution passed by ACCESS INTO the Board of Directors expressing concern that HUNTINGDON, a additional access into the subdivision was not PLANNED UNIT DEVELOPMENT required in the approval of the preliminary plat of Huntingdon, a Planned Unit Development. Rudy Moore was present representing the developers. Mr. Jacks said there are presently two accesses into the subdivision, one onto Katherine, and one onto Oak Bailey Drive, and he does not really tend to see this as a problem. Richard Podemski, 2502 Elaine, said he is concerned about the limited access into the subdivision, and also about the additional pedestrian and vehicular traffic if the subdivision is allowed to develop without a direct access onto Old Missouri Road He noted that there is a difference of approximately 700 feet between a stub at Apple Tree Inn and the street stub proposed on the:west side of this subdivision. David Knowles, 2448 Elaine, asked if there is any way the adjoining property owners can have some assurance that a through street will eventually be constructed. Commissioner Gitelman stated that there is a street stubbed to the western edge of this subdivision and said he doesn't see how the Planning Commission or the City can make a developer buy additional land to develop a street. He said if the property to the west is developed, they will be required to connect .a, street between the street stub at the western edge of Huntingdon Subdivision, and the street stub at Apple Tree Inn. Richard Podemski said he had talked with Director_.A1.Hughes who said he could recall several instances when he was on the Planning Commission when they required a developer to buy property to extend a street where additional access was required. Mr. Podemski noted that Sequoyah Woods Subdivision was required to do this. David McWethy pointed out that Sequoyah Woods only had to buy one additional lot, and the owner of that lot was willing to sell it. Rudy Moore pointed out that they were not required to stub a street to the western part of their subdivision. He said they had talked to Ralph Stubblefield but he did not want to sell any of his land at this time. He said he had also talked with Katherine. Stubblefield and her property was not for sale at what they would consider a very marketable price. David Knowles said the property owners in the area would feel a lot better if they knew that when the property to the west is developed, they would be required to extend a street through their property. Mr. Jacks pointed out that the Subdivision Committee will see the street stub and push a developer into connecting to the existing street stub, even though the street is not shown on the Master Street Plan. Peg Anderson noted that residential streets are not shown on the Master Street Plan. She also felt the Planning Commission is requiring too many off-site improvements from developers. No motion was made and no action taken on requiring additional access for Huntingdon. Next was conditional use approval for a SENIOR DAY CARE CENTER Senior Day Care Center to be located at Conditional Use 818 North Sang Avenue. 818 N. Sang David McWethy said the Community Development program is proposing to use this structure as a Senior Day Care Center to be operated by the Economic Opportunity Agency. Community Development's only involvement is that they plan to physically acquire the structure for EOA. Mr. Jacks asked if the adjoining property owners had been notified and Bobbie Jones said "yes". She said she had received a phone call from an adjoining property owner who had received'her notification on Saturday. This person had asked that they table the decision until a later meeting so the adjoining property owners would have time to discuss the proposed use. Planning Commission Meeting January 23, 1978 Chairman Power asked David McWethy if the Community Development office or the EOA would have any objections to tableing this until the February 13 meeting. Mr. McWethy stated that formal approval of the Community Development program will go before the City Board on February 7 and they will need to know before that meeting if the conditional use will be approved. Peg Anderson stated that the same person who had called Bobbie Jones had called her and said she had talked to some of the neighbors who seemed to feel if it is only for the elderly and is only operated 8:00-5:00, they would have no objections. Peg Anderson asked why the application was submitted by the Church rather than by Community Development or EOA. David McWethy explained that the property owner has to ask for the conditional use. He also explained that the Senior Center would have to be only for senior citizens to satisfy HUD requirements, and said it would be an 8:00-5:00 operation. Charles Johnson, representing EOA, said they did not plan to enlarge the building. He stated that they may enlarge the kitchen, but they would try to do that from the inside. Mort Gitelman did not feel this use would be very much different from the Church. Mr. Gitelman made a motion to approve the conditional use for a senior day care center, contingent upon acquisition of the structure by Community Development. Bill Kisor seconded the motion, which passed 9-0. Bobbie Jones asked that the Commissioners sign and return CODE OF ETHICS the Code of Ethics statements passed out to them. Peg Anderson asked that the Planning Commission members go to her house for an informal meeting after the February 27, 1978 meeting. • • • RESOLUTION PC 12-78 WHEREAS, at its regular meeting on Monday, January 23, 1978, the Planning Commission voted to approve the final subdivision plat dated , 19 , known as Century Estates Subdivision submitted by Rose Construction Company; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that David Rose 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•Century Estates Subdivision described as follows: LEGAL DESCRIPTION: A part of the South One-half (S1) of the Southwest Quarter (SW;) of Section 36, T -17-N, R -30-W, more particularly described as follows, to -wit: Beginning at a point South 89° 57' 00" East - 237.50 feet of the Northwest corner of said 20 -acre tract; thence South 89° 57' 00" East along North Line of said 20 -acre tract - 776.97 feet; thence South 0° 09' 00" East - 250.06 feet to the North Right- of-way of Old Wire Road; thence South 43° 30' 07" West along said North Right-of-way - 142.69 feet; thence North 61° 07' 59" West leaving said North right-of-way - 80.80 feet; thence North 68° 03' 13" West - 126.68 feet; thence South 33° 34' 48" West - 236.38 feet; thence North 88° 45' 43" West - 362.09 feet; thence North 0° 12' 10" East - 457.00 feet to the point of beginning, containing 6.93 acres, more or less, to the City of Fayetteville, Arkansas PASSED AND APPROVED this day of , 1978. ATTEST: Keith Newhouse, Secretary APPROVED: John Power, Chairman