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HomeMy WebLinkAbout1978-02-13 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held on Monday, February 13, 1978, at 5:00 P. M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman John Power, Rita Davis, Newton Hailey, Peg Anderson, Bill Kisor, Keith Newhouse, Elizabeth Crocker, Morton Gitelman '(arrived 5:30 P. M.), Ernest Jacks. MEMBERS ABSENT: OTHERS PRESENT: None. Bobbie Jones, Angie Medlock, Larry Wood, Carter Schell, Scott Van Laningham, Jim.,Lindsey, Rick Cowdrey, Carlon Bassett, Richard Osborne, Mel Milholland, Steve Krysowaty, Randall Barnes, Ray Rastall, Gary Garrison, Helen Adams, Bill Lazenby, Bill Storey, Bruce A. Robertson, Roy Faubus, Mr. $ Mrs. Denver Hutson, Mr. $ Mrs. J. D. McFarland, Rosemary Austin, Dave Mabry, Frank Lewis, Bertha Lewis, and other unidentified persons. Chairman John Power called the meeting to order. There being no additions or corrections to the minutes of January 23, 1978, they stood approved as mailed. MINUTES First was a report from the nominating NOMINATION OF OFFICERS committee on officers for 1978. Bill Kisor said the Nominating Committee recommended that Rita Davis be chairman, Keith Newhouse Vice -Chairman, and Morton Gitelman, Secretary. Ernest Jacks made a motion to accept the nominations. Newton Hailey seconded the motion, which passed unanimously. Rita Davis asked that Newton Hailey serve on the Subdivision Committe. The secondcitem for consideration was the approval CARLON CENTER of the final plat'of Carlon Center located West of Final Plat Highway 71 B and East of Villa North Subdivision;- W. of Hwy. 71 B Johnie Bassett, developer. Rick Cowdrey and Carlon Bassett were present to represent Johnie Bassett. Mr. Jacks made a motion to approve the final plat of Carlon Center with the provision that the owner be allowed to retain possession of the median strip. Bill Kisor seconded the motion, which passed 8-0. The third item for discussion was the REZONING PETITION 78-1 public hearing on Rezoning Petition R78-1 Randall Barnes Randall and Mildred Barnes to rezone property N. of Hwy. 16 W. located on the North side of Highway 16 West and West of Ruple Road from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, and R-2, Medium Density Residential District. Richard Osborne,. Mel Milholland, Steve Krysowaty, Randall Barnes, and Ray Rastall were present representing the petitioner. Planning Consultant Larry Wood noted that the applicant has extended sewer from Ham- string Creek to his property, so it is in place at this time. • Planning Commission Meeting February 13, 1978 -2- Chairman Power noted Larry Wood's recommendation for not approving the rezoning because: 1) The undeveloped areas closer to urban services should be encouraged to develop before new areas are opened; and 2) The proposed zoning pattern is not consistent with the General Plan and is considered premature:. Attorney Richard Osborne, 20 E. Mountain, noted that there is a shortage of housing in the area: and said he feels R-2 is an appropriate zone for this property. He said there are several duplexes in the area now. He said the C-2 is to allow some commercial uses on Highway 16. Mr. Osborne said he fails to see how this area is not consistent with the City's general plan with water and sewer available. Mr. Jacks asked Larry Wood if he felt Ruple Road would be a more logical place for commercial development. He questioned if rezoning the portion to C-2 would be promoting strip commercialization and Larry Wood said he felt it would. Larry Wood said he felt the proper'zone would be R-1. Peg Anderson said she is very much opposed to the C-2 on the front of the property. She stated that she would not object to having some commercial in the middle of the development. She noted that with the R-2 zoning, they could put more than duplexes on the property. Gary Garrison, Muskogee, Oklahoma was present representing Mrs. Martin, who,: owns property to the east. He said Mrs. Martin was concerned about the taxicab business and the large number of cars parked in Mr. Barnes' yard. He questioned if the C-2 would permit a salvage yard Peg Anderson said she would hope the developer would consider one entrance rather than two. She also said she would rather see the property rezoned to R-1, Low Density Residential. Keith Newhouse made a motion to approve rezoning Northwest Acres to R-1. Peg Anderson seconded the motion, which passed unanimously. The fifth item for consideration was the NORTHWEST ACRES approval of the final plat of Northwest Final Plat Acres Subdivision, said property being N. of Hwy. 16 West the same as Rezoning Petition R78-1. Richard Osborne asked that the Planning Commission table final plat approval. Bill Kisor made a motion to accept the tableing of the final plat approval for Northwest Acres. Ernest Jacks seconded the motion, which passed unanimously. The sixth item was the public hearing REZONING PETITION R78-2 on Rezoning Petition R78-2, Helen Adams, Helen Adams to rezone -property located on the East side E. of Johnson Rd. of Johnson Road and North of Highway 71 Bypass from I-1, Heavy Commercial and Light Industrial District, to C-2, Thoroughfare Commercial District. Helen Adams was present to represent. Larry Wood showed the Planning Commission plans of what the Highway Department plans to take in the widening of the Bypass. Mrs. Adams questioned if they knew when this would take place and Larry Wood said he did not know. He said the Highway Department is planning to have a one-sided inter- change on the east side of Johnson Road and on and off ramps. Mr. Wood said he did not see any problems in rezoning this property to C-2 and F-1. He said if someone came in for a large scale development, that would be the time to decide whether or not this development would be appropriate. • • • Planning Commission Meeting February 13, 1978 Ernest Jacks questioned if this would change the price of the land which would be condemned later for highway right of way. Larry Wood did not feel the rezoning would change the price of the land. No one was present in opposition. Peg Anderson made a motion to approve the rezoning from I-1, Light Industrial, to C-2, Thoroughfare Commercial District, and F-1, Flood District. Ernest Jacks seconded the motion, which passed unanimously. Larry Wood recommended that everything above 1191 Mean Sea Level be rezoned to C-2 and everything below 1191 Mean Sea Level be rezoned to F-1, Flood District. The seventh item for consideration was the public hearing on Rezoning Petition R78-3, E. J. Ball, Trustee for Ball Family Trust, to rezone property on the south side of Old Missouri Road and lying East of the intersection of Old Missouri Road and Zion Road from A-1, Agricultural District to R-1, Low Density Residential District. Preliminary Plat approval has been given on subject property for Usonia Terrace Addition. Jim Lindsey was present to represent E. J. Ball. Mr. Lindsey said Mr. Ball would be willing to place on the property the condition that he would not occupy any house until sewer is available. He said Mr. Ball would like to be in a position that when sewer is available, he will be able to sell his lots, without having to wait the six to eight weeks to get the property rezoned. Keith Newhouse made a motion to approve Rezoning Petition R78-3, with the provision that no buildings will be occupied until sewer is available. Ernest Jacks seconded the motion. Jim Lindsey said Mr. Ball would submit a Bill of Assurance that no buildings will be occupied until sewer is available. The motion, made by Keith Newhouse and REZONING PETITION R78-3 Ball Family Trust East of Zion Road 8 Old Missouri Road Next was the conditional use request submitted by William A. Lazenby to develop a "Plumbing Shop and Plumbing Supply (sales)" at 1153 Happy Hollow Road, zoned C-2, Throughfare Commercial District. Bill Lazenby was present to represent. He said they plan to construct a 3,000 square feet metal building to be leased for a plumbing shop. He said it would be used for•a'xetailsalesand plumbing shop. No. one was present in opposition. Bill Kisor made a motion to approve the conditional use. Ernest Jacks seconded the motion, which passed unanimously. seconded by Mr. Jacks passed unanimously. WILLIAM A. LAZENBY Conditonal Use Request 1153 Happy Hollow Road Next was a conditional use request BILL LAZENBY submitted by Bill and Linda Lazenby CONDITIONAL USE REQUEST to construct five duplexes at 1191, East Farmers Lane 1350, 1362, 1374, and 1384 East Farmers Lane zoned R-1, Low Density Residential District. Bill Storey was present representing Mr. Lazenby. Linda Holt, 1286 Farmers Lane was present in opposition. She said she does object to the duplexes being built on the property since this is a gravel road. She said she shares a common driveway with the property to the south which Mr. Lazenby owns. Bill Storey stated that the petitioner plans to build a single-family home on that lot. Planning Commission Meeting February 13, 1978 Mr. Storey said he had visited with Mr. Cox, one of the property owners in objection, who was concerned mainly because this is a dirt road Bill Storey said he had talked with the Acting Community Development Director, David McWethy, who said that Community Development funds have been approved to pave East Farmers Lane. He said it will be paved this year, as soon as additional right of way is acquired and the contract is let. Mr. Storey said Mr. Lazenby would be willing to give the five feet additional right of way required on each side of the road along his property. Chairman Power acknowledged a petition in opposition to the conditional use. Bill Kisor made a motion to approve the conditional use for five duplexes on East Farmers Lane with the stipulation that no construction will begin until the street has been paved, and the additional right of way given by Mr. Lazenby. Keith Newhouse seconded the motion, which passed 8-1, with Power, Jacks, Anderson, Davis, Newhouse, Crocker, Gitelman, and Kisor voting "Aye" and Hailey voting "Nay". The tenth item for consideration was CONDITIONAL USE REQUEST a conditional use request submitted by Bruce A. Robertson Bruce A. Robertson to operate a Recycle- 525 West Spring Aluminum Furnace at 525 West Spring Street (Gregory Center), zoned I-1, Heavy Commercial and.Light Industrial District. Bruce Robertson was present to represent. No one was present in opposition. Ernest Jacks made a motion to approve the conditional use. Bill Kisor seconded the motion, which passed unanimously. Next was a conditional use request CONDITIONAL USE REQUEST submitted by D. R. Hartman, operating D. R. Hartman as Faubus Plumbing and Heating for retail 1901 Moore Lane sales of plumbing supplies, warehouse, and office space on property located at 1901 Moore Lane, zoned C-2, Thoroughfare Commercial District. Roy Faubus was present to represent Mr. Faubus. Peg Anderson questioned if Mr. Hartman could build a new building on a lot which is less than 11/2 acres with a septic tank. Bobbie Jones explained that the lot split was processed and approved before the date the new ordinance went into effect. Bobbie Jones said they would need a waiver in the driveway setback to allow them to put a driveway three feet from the property line. Bill Kisor made a motion to approve the conditional use with the waiver for the driveway setback distance from the south property line. Mr. Jacks seconded the motion, which passed 9-0. Next was a public hearing to consider an AMENDMENT TO GENERAL amendment to the General Land Use Plan of LAND USE PLAN the City of Fayetteville, for an area extending Green Acres Road generally eastward to Green Acres Road, westward to Scull Creek, southward to Ash Street, and northward to include the North side of Township Road. Planning Consultant Larry Wood explained the existing land use, what the general plan indicates for that area at the present time, and his recommendations for changes. He explained that he had suggested that the lots on the north side of Elm Street be split east/west to allow for the south approximately 140 feet to be R-1, the 140 feet north of that to be R-2, a street to go in north of that to extend from Gregg to Green Acres Road, and the approximately 140 feet north of that to be R-0. Planning Commission Meeting February 13, 1978 -5- Mr. and Mrs. Denver Hutson, 108 East Elin were present in opposition. He said he does not want his property to be used for anything other than R-1. Larry Wood said he is recommending the property along Green Acres Road on the east be commercial, with a commercial block south of Township to the south line of Colt Square; industrial on the west side of Gregg back to the creek, and R-2 where the existing apartments are located. J. D. McFarland questioned why the City wants the east/west street in the middle of the property rather than at the north edge of the lots on the north side of Elm Street. Larry Wood explained that they could get a greater return in the sale or development of their property if the street was through in the middle of the lots rather than at the north edge. Rosemary Austin, 2141 Green Acres Road, was also present in opposition. She said if the street is located approximately 280 feet north of Elm Street, it will cut across the house she is building. Peg Anderson stated that this is a Land Use Plan and not an actual rezoning. She said each individual property owner would have to petition to get his property rezoned. She explained that the Land Use Plan is just a way of looking at what might be wisest for this area for the City in the future. David Mable, 6 Elm Street, asked how far in the future this is projected to take place. Peg Anderson said this would take place as people request it to take place. Denver Hudson asked if ft -rezoning would be considered approved if it came in in conformance with the Land Use Plan. Chairman John Power explained that a rezoning is never automatic. Larry Wood explained that if a request came in keeping with the General Plan, his recommendation would probably be favorable. He noted that his recommendation does not tie the Planning Commission of Board of Directors to rezone any property the way he recommends. Mr. Gitelman said the problem seems to be showing ann'east/west street. He questioned if access into any area might come with a north/south street. Larry Wood felt that it could. J. D. McFarland asked why the City Planner did not show a park area along the creek. Larry Wood said he had shown a reservation for green space along the creek. He also noted that Colt Square has provided for a park in their subdivision. Frank Lewis, 115 South Church, said he bought his house because he wanted a large lot. He also felt it would be a problem to extend the street from Green Acres Road to Highway 71. The public hearing was concluded. Chairman Power asked that Larry Wood come back with an alternative proposal for the area north of Elm Street and south of Colt Square. Ernest Jacks said he would be in favor of moving the street to the back of the lots. Rita Davis felt they should leave the property owners back yards as back yards. The last item Was a Subdivision Committee REPORT ON "GREEN SPACE" report on a study of "green space in IN SUBDIVISIONS subdivisions". Bill Kisor made a motion to table this until the February 27 meeting. Rita Davis seconded the motion, which passed unanimously. The meeting adjourned at 6:45 P. M. • • • RESOLUTION PC 13-78 WHEREAS, at its regular meeting on Monday, February 13, 1978, Commission voted to approve the final subdivision plat dated 19 , known as Carlon Center submitted by Johnie and Ora and the Planning V. Bassett; WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Johnie E. Bassett and Ora V. Bassett enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final sub- division 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 Carlon Center Subdivision described as follows: LEGAL DESCRIPTION: A part of the Northeast Quarter (NEa) of the Southwest Quarter (SW and a part of the Northwest Quarter (NW;) of the Southeast Quarter (SE;) of Section 35, T -17-N, R -30-W, more particularly described as follows, to -wit: Beginning at a point South 0 00' 20" East - 39.32 feet of the Northeast corner of the Northeast Quarter (NE') of the Southwest Quarter (SW') of said Section 35; thence South 0 00' 20" East 177.51 feet; thence South 24 35' 19" West - 276.86 feet; thence South 65 24' 41" East - 154.64 feet to the West right-of-way of U. S. Highway 71; thence South 24 35' 19" West along said West right-of-way - 647.23 feet; thence South 89 57' 40" West leaving West right-of-way 502.42 feet; thence North 4 33' 00" East 1113.38 feet; thence South 87 37' 23" East - 658.52 feet to the point of beginning, containing 15.80 acres, more or less to the City of Fayetteville, Washington County, Arkansas. PASSED AND APPROVED this day of • APPROVED: , 1978. John Power, Chairman • • • RESOLUTION PC 14-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, February 13, 1978, 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 R78-1, Randall Barnes. 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 A-1, Agricultural District to R-1, Low Density Residential District, said real estate. LEGAL DESCRIPTION: The petition of Randall and Mildred Barnes for property located on the North side of Hwy. 16 West and West of Ruple road, more particularly described as follows: Tract A: (To rezone from A-1, Agricultural, to C-2, Thoroughfare Commercial) A part of 5E4, NWS, Section 12, T -16-N, R -31-W, described rs beginning at a point S 00-21-53 E 659.74 feet, S 89-59-18 W 330.00 feet, S 00-21-53 E 623.75 feet of the Northeast Corner of said 40 acre tract; said point being on the North Right -of -Way of Arkansas 16 Highway; Thence rlong said Highway Right -of -Way N 89-43-30 W 806;56 feet; Thence N 00-30-42 W 119.75 feet; Thence N 89-59-18 E 124.94 feet to the Centerline of proposed Carlesbad Trace; Thence along said proposed Carlesbad Trace Centerline N 00-21-53 W 227.00 feet to the Centerline of proposed AComa Street; Thence along said proposed Acoma Street Centerline N 89-59-18 E 419.50 feet to the Centerline of proposed Carriage Way; Thence along said proposed Carriage -Way Centerline S 00-21-53 E 225.39 feet; Thence N 89-59-18 E 262.44 feet; Thence S 00-21-53 E 125.36 feet to the P.O.B., containing 4.45 acres, more or less, Fayetteville, Washington County, Arkansas. Tract B: (To rezone from A-1, Agricultural, to R-2 Medium Density Residential) A part of SEI, NWI, Section 12, T -16-N, R -31-W, described as beginning at the NE Corner of said 40 acre tract; Thence S 00-21-53 E 659.74 feet; Thence S 89-59-18 W 330.00 feet; Thence S 00-21-53 E 498.39 feet; Thence S 89-59-18 W 262.44 feet to the Centerline of proposed Carriage Way; • Thence along said Carriage Way Centerline N 00-2-53 W 225.39 feet to the Centerline of proposed Acoma Street; Thence along said Centerline S 89-59-18 W 419.50 feet to the Centerline of proposed Carlesbad Trace; Thence along said Carlesbad Trace Centerline S 00-21-53 E 227.00 feet; Thence S 89-59-18 W 124.94 feet; Thence N 00-30-42 W 1159.72 feet; Thence N 89-59-18 E 1139.87 feet to the P.O.B., containing 25.55 acres, more or less, Fayetteville, Washington County, Arkansas. Resolution PC 14-78 -2- The retition of Helen Adams for property located on the East side of Johnson Road North of Hwy, 71 By-pass, more particularly described as follows: Part of the Si, SE*, Section 27 in Township 17 North of Range 30 West, described es follows, to -wit: Beginning at a point 938 feet West of the Northeast corner of said 80 acre tract, and running: Thence West 585 feet, to the East line of the right-of-way of the St. Louis & San Francisco Railroad; Thence South with the East line of said right-of-way 239 feet; Thence East 517 feet to a branch; Thence Northerly with the branch, 239 feet, more or less, to the point of beginning, containing 3.02 acres, more or less. To rezone from I-1,.Heavy Commercial and Light Industrial, to_C-2,' Thoroughfare Commercial. SECTION 2. That the above described property be rezoned from A-1, Agricultural District to R-1, Low Density Residential District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1978. APPROVED: John Power, Chairman • • • RESOLUTION PC 15-78 WHEREAS, a public hexing was held by the Planning Commission, Monday, February 13, 1978, 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 R78-2 Helen Adams. 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 all property above 1191 Mean Sea Level to C-2, Thoroughfare Commercial District, and everything below 1191 Mean Sea Level to F-1, Flood District. LEGAL DESCRIPTION: A part of the South half (51/2) of the Southeast quarter (SE') of Section Twenty-seven (27) in Township Seventeen (17) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point 938 feet West of the Northeast corner of said eighty (80) acre tract, and running thence West 585 feet, to the East line of the right-of-way of the St. Louis $ San Francisco Railroad, thence South with the East line of said right-of-way 239 feet, thence East 517 feet to a branch, thence Northerly with the branch, 239 feet, more or less, to the point of beginning, containing 3.02 acres, more or less. SECTION 2. That the above described property be rezoned from C-2, Thoroughfare Commercial District and F-1, Flood District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1978. APPROVED• John Power, Chairman RESOLUTION PC 16-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, February 13, 1978, 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 R78-3, Ball Family Trust. 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 A-1, Agricultural District to R-1, Low Density Residential District, said real estate. LEGAL DESCRIPTION: Part of the NE;, SE;, Section 24, T -17-N, R -30-W, of the 5th P. M., Washington County, Arkansas, being more particularly described as follows: to -wit: Beginning at a point S 89° 20' E -184.78 feet from the SW corner of said forty acre tract; thence S 89° 20' E - 468.51 feet; thence N 02° 49' W - 811.60 feet, to center of Old Missouri Road; thence S 67° 30' W - 263.96 feet along said road; thence South 627.61 feet to the point of beginning, containing 7.44 acres, more or less. SECTION 2. That no building: -permits will be issued until sewer becomes available. SECTION 3. That the above described property be rezoned from A-1, Agricultural District to R-1, Low Density Residential District, so that petitioner may develop property accordingly. PASSED and APPROVED this day of APPROVED: John Power, Chairman 1978.