Loading...
HomeMy WebLinkAbout1978-02-27 MinutesMINUTES OF A PLANNING COMMISSION MEETING • A meeting of the Fayetteville Planning Commission was held on Monday, February 27, 1978, at 5:00 P. M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Rita Davis, Newton Hailey, John Power, Peg Anderson, Bill Kisor, Ernest Jacks, Keith Newhouse, Beth Crocker, Morton Gitelman. None. Larry Wood, Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, Ervan Wimberly, Harry Gray, Hugh Kincaid, Roy Faubus, Denver Hudson, Mrs. Hudson, Francis Lindloff, J. D. McFarland, Vernon Carter, Mrs. Hugh Henry, Dave Miller, and other unidentified persons. Chairman Rita Davis called the meeting to order. The minutes of the February 13, 1978 Planning Commission MINUTES meeting were approved as mailed. The first item for discussion was a revision REVISION TO LAND USE PLAN to an amendment to the General Land Use Plan Elm Street $ Green Acres of the City of Fayetteville, Arkansas, for an area extending generally eastward to Green Acres Road, westward to Scull Creek, southward to Ash Street, and northward to include the north side of Township Road. The public hearing was held on February 13, 1978. Planning Consultant Larry Wood said he had come back with a revision for the property located north of Elm Street. He showed the Commission six alternate ways that the property could be developed in the future. He noted that some of the proposed plans would dictate different types of use --those showing access from Elm would lead to lower density, where the access is shown from Green Acres Road and some lots are shown facing to the north, it would dictate a different type of arrangement. He noted that two of his proposals (5 & 6) could probably be R-2, and R-0. Peg Anderson felt that the plan showing a proposed street at the north side of the lots on Elm Street is the plan the Planning Commission liked at the last meeting. She felt they should go along with this plan for the General Land Use Plan. She also said she would be in favor of leaving the land as residential at this time. Larry Wood said he had originally shown the lots north of Elm Street and south of the commercial as R-2, Medium Density Residential. Francis Lindloff was present in opposition. She felt the land for the road should be given by Colt Square and the SWEPCO property. Denver Hudson, 108 West Elm was also present in opposition. He questioned why the City did not take part of the property for the road from the SWEPCO property. He also stated that he could not see very much use for a street. He asked if the reason the Planning Commission is trying to get the street through there is to benefit Colt Square Chairman Rita Davis explained that this proposed street has nothing to do with Colt Square. Mr. Jacks stated that the Planning Commission feels there is a need for an east/west street for circulation from Gregg to College. J. D. McFarland, 58 East Elm, said he would like to see the street go through at the back of the lots on Elm. Vernon Carter, said he owns property on Green Acres Road, and he would be very reluctant to give up any of his property for a road. He felt this would:be a service road for any commercial development in Colt Square • • • Planning Commission Meeting February 27, 1978 Peg Anderson made a motion to accept the proposed change in land use plan as presented by Planning Consultant Larry Wood with the property north of Elm Street being shown as single-family. Larry Wood said he would not recommend showing the proposed road north of the lots on Elm Street if the property is to be left as single-family. He stated that if they introduce the road, it will change the land use plan. Mr. Jacks asked the residents how they would feel about the road being shown to the north of the lots and the property directly south of the proposed road being shown as multi -family. Mr. McFarland said he would not object to this, however, most of the other property owners indicated they would object. Mr. Jacks said he felt if the City is planning to ever. put a road through, they should show it on the Land Use Plan. He felt the City needs an east/west street there. Mr. Gitelman pointed out that if they want a street through, they will need to advertise a public hearing and make an amendment to the Master Street Plan. Denver Hudson said he would rather develop Elm Street into a decent residential street which would carry the traffic than build a new street. Peg Anderson questioned if the property owners on Elm Street would want that additional traffic which would then use Elm Street. Mr. Jacks said what the Planning Commission is looking for is a straight road to tie Garland to Highway 71. Mr. Gitelman said he feels the issue is whether the Planning Commission wants to show the property abutting against the commercial and industrial as low density or something more intense. He felt whether there is a road designated there will ultimately affect the land use decision. He stated that it doesn!.t look like they will ever have the road or the development. He said good planning would show something more intense than R-1 between the existing R-1 and the commercial and industrial to the north. He felt the street should be considered at a public hearing to amend the..Master.Street Plan. Mr. Hudson again requested that the Planning Commission level with him and tell him what really broughtall of this up. John Power .stated that during the time he was chairman, the Planning Commission was not prejudiced to any information regarding Colt Square or the SWEPCO property. He said he felt what brought a lot of this up was the R-0 request for an office building in that area which the Planning Commission turned down twice and the City Board of Directors overruled them and approved. He said as far as them knowing something about Colt Square or SWEPCO, they are not privileged to any information. He stated that there is no conspiracy here on the part of the Planning Commisiion. Morton Gitelman seconded Peg Anderson's motion to approve the amendment to the Landtjae, Plan with the provision. that the property northof_Elm Street'.remain.shown.as Low Density Residential. The vote was 8-1, with Gitelman, Anderson, Kisor, Power, Hailey, Newhouse, DaviS:..;and Jacks voting "Aye" and Crocker voting "Nay". Mrs. Crocker said she did not feel the Planning Commission had solved anything.and this would all come up again at a later date. The second item for consideration was the WESTWIND, PHASE I approval of the final plat of Westwind Addition, Phase 1, Final Plat located North of Township Road and East of College Planned Unit Development Avenue, J. B. Hays and Jim Younkin, developers. This is a planned unit development. Mr. Jacks said the Subdivision Committee recommends approval of the final plat of Westwind Subdivision, Phase 1, with the provision that they meet the requirements of the Plat Review Committee. Planning Commission Meeting February 27, 1978 -3- Mr. Jacks made a motion to approve the final plat of Westwind, Phase I with the provision that it meet all requirements of the Plat Review meeting. Bill Kisor seconded the motion, which passed unanimously. The next item was the public hearing on REZONING PETITION R78-4 Rezoning Petition R78-4, Roy and Beulah Roy Faubus Faubus to rezone property located at 1134- 1134-1136 Turner Avenue 1136 Turner Avenue from R-1, Low Density Residential to R-2, Medium Density Residential District. Attorney Hugh Kincaid and Roy Faubus were present to represent. Larry Wood said he would not recommend rezoning this property for the following reasons (1) this would constitute spot zoning; (2) Medium density is not consistent with the recommendations of the General Planv.and (3) approval of the request would establish a precedent. He further suggested to the Commission that they might consider the rezoning if the owner would be willing to submit a bill of assurance to restrict the future use to four units. Hugh Kincaid said the first floor of the building has been used for storage for antiques and storage for the two units located on the second floor. The antiques are no longer stored there and no longer generating any rental income. Mr. Kincaid said Mr. Faubus is faced with the necessity of trying to put another apartment unit downstairs or having to sell. the property. He said he has talked with his neighbors and the feeling is they understand his problem and do not object. He stated that one of the neighbors, Mrs. Hugh Henry, does not object as long2as there are only three units. He said Mr. Faubus would be willing to submit a Bill of Assurance which would restrict the number of units to three. He stated that there is approximately 2400 square feet of floor area on the first floor, 1200 of that would be used for an apartment and the other 1200 would remain as storage for the tenants. Mrs. Henry said she would not have any objections as long as the Bill of Assurance is submitted. Bill Kisor questioned if they have adequate parking and Mr. Faubus said they do. Bobbie Jones said they would have to comply with the parking requirements. Keith Newhouse made a motion to approve the rezoning with a Bill of Assurance being submitted that no more than three units will be allowed. Peg Anderson seconded the motion. Morton Gitelman stated that this is a bad situation to have to use a rezoning to accomplish the needed purpose. He felt this is the type of thing that calls for a variance which cannot be given. - - The motion made by Keith Newhouse and seconded by Peg Anderson passed unanimously. Next was a Subdivision Committee report on a study REPORT ON of "Green Space Regulations" for subdivisions. "GREEN SPACE IN Mr. Jacks said the committee had heard from the SUBDIVISIONS" Parks and Recreation Board and developers, and had held several public hearings.. He said the developers recognize the need for providing open space but are concerned as to how to create green space without increasing development costs. He said the Committee decided that_the only equitable way is to establish park districts based on approximately equal population densities and have the developers either provide land or cash in lieu of land. He noted that this would raise land costs. He questioned what they would do with the lands which are already developed. He said the Subdivision Committee is waiting for the Regional Planning Commission to come back with a more detailed map of park districts, and at that time they will discuss it further. • • • • Planning Commission Meeting February 27, 1978 -4- Peg Anderson questioned if the Subdivision Committee has completely discarded the idea of "green space". Mr. Jacks said they have decided that this will have to be two separate issues. John Power questioned who would maintain the parks. He noted that on College Avenue between North Street and the bypass, each business has an area on College which was to have been maintained as green space. He noted that there are no maintenance funds available to maintain these areas. Mr. Power felt the maintenance of the green space would be a real problem. Bill Kisor felt the City is putting too much on.the developer. He said he would like to work out some way that the developer would not have to pay the total cost. He felt the developers may be forced to develop outside the City if the City keeps requiring more from them. The sixth item was a request from the City REQUEST FOR STUDY Board of Directors that the Planning Commission OF $ study the General Plan for the outlying areas of OUTLYING AREAS. the City. At present, many of these areas show no recommended future use on the Land Use Plan. These areas however, are beginning to develop. After a short discussion, Rita Davis asked Larry Wood to make a study of the outlying areas where developments are beginning to take place. Next was a conditional use request to change a non- conforming use submitted by Dave and Virginia Miller property located at 61 S. University. The proposed use is an "answering service and public transportation headquarters" to operate a taxie service from this property. owner stated that the property was used for construction services storage. The property is zoned C-1, Neighborhood Commercial. Dave Miller was present to represent. Chairman Davis noted that Mr. Miller was given authority for a the Board of Directors at their meeting held last week. Mr. Jacks asked if the adjoining property owners had been said they had. Peg Anderson made a motion to approve the change seconded the motion, which passed unanimously. for CONDITIONAL USE REQUEST DAVE MILLER 61 South University The The meeting adjourned at 6:15 P. M. previous property and equipment taxie service by notified and Bobbie Jones of non -conforming use Bill Kisor • • • RESOLUTION PC 17-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, February 13, 1978, fifteen (15) days 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 amendment to the General Land Use Plan for the property bordered by Township Road on the north, Gregg Street on the west, Sycamore on the south, and Green Acres Road on the east. 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 amending the General Land Use Plan of the City of Fayetteville, Arkansas, as shown in Exhibit A, attached hereto and made a part hereof. SECTION 2. That this amendment to the -Land Use Plan may be adopted accordingly. PASSED AND APPROVED this day of , 1978. APPROVED: Rita Davis, Chairman ( PLAN CHANGE) LOW DENSITY RESIDENTIAL MED. DENSITY RESIDENTIAL :: 1111111111 IIIII1:11111111111111111111111 l GENERAL PLAN ) LOW DENSITY RESIDENTIAL MED. DENSITY RESIDENTIAL I;.:::_ •':• RESOLUTION PC 18-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, February 27, 1978, fifteen (1S) 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 R78-4, Roy and Beulah Faubus. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING CO6M1ISSION 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: The north ninety (90) feet of Lot Numbered Ten (10) in the Turner-Faubus Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. SECTION 2. Whereas the Petitioner, Roy Faubus, has offered to file a Bill of Assurance to limit the use of said property to no more than three apartment units as long as zoning of all property adjacent to subject property remains unchanged. SECTION 3. 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 and APPROVED this day of , 1978. APPROVED: Rita Davis, Chairman • • • RESOLUTION PC 19-78 WHEREAS, at its regular meeting on Monday, February 27, 1978, the Planning Commission voted to approve the final subdivision plat dated 19 , known as Westwind, Phase 1, a Planned Unit Development submitted by J. B. Hays and Jim Younkin; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that J. B. Hays and Jim Younkin 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 public uses in the Westwind Subdivision, Phase 1 described as follows: LEGAL DESCRIPTION: A part of the SE=; of Section 35, Township 17 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, described as follows: beginning at a point which lies 20.0 feet East of the SE corner of the NW4 of the SE4 of Section 35, Township 17 North, Range 30 West and running thence S 0° 18' E 500.0 feet; thence West 20.0 feet; thence S 0° 18' E 782.1 feet to the North right-of-way of Township Road; thence N 89° 46' W with said right-of-way 200.41 feet; thence N 0° 47' W 545.3 feet; thence N 1° 41' E 105.05 feet; thence N 0° 19' W 525.0 feet; thence N 2° 14' W 106.08 feet; thence West 179.2 feet; thence N 0° 18' W 360.0 feet; thence East 404.5 feet; thence S 0°18' E 360.0 feet to the point of beginning, containing 9.52 acres, more or less. PASSED and APPROVED this ATTEST: Morton Gitelman, Secretary. day of , 1978. APPROVED: Rita Davis, Chairman