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HomeMy WebLinkAbout1978-03-13 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held on Monday, March.13, 1978, at 5:00 P. M., in the Board of Directors Room., City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Rita Davis, Newton Hailey, John Power, Peg Anderson, Ernest Jacks, Keith Newhouse, Beth Crocker, Morton Gitelman (arrived 5:10 P. M.), MEMBERS ABSENT: OTHERS PRESENT: Bill Kisor. Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, Ken Jones, Dewayne McChristian, Pat Demaree, Don Mitchell, Larry Wood, J. 0. Hoggard, Tom Lavender, Jim Stephens, Phyllis Johnson, Robert and Charles Nickle. Chairman Rita Davis called the meeting to order. The minutes of the February 27, 1978 Planning MINUTES Commission meeting were approved as mailed. The first item for discussion was the WINWOOD II, Phase 2 approval of the final plat of Winwood II, Final Plat Phase 2, Fayetteville Land Company, Inc., developer. Ken Jones was present to represent Fayetteville Land Company, Inc. Mr. Jacks said the Subdivision Committee recommended that the Planning Commission approve the final plat of Winwood II, Phase 2, and that they not require sidewalks along Winwood Drive. Beth Crocker said she is not in favor of waiving the sidewalk requirement. She stated that Winwood is a busy street and a lot of children walk through there. Mr. Jacks questioned if there are other sidewalks in the area or if this would be an isolated piece of sidewalk. Peg Anders6n agreed with Beth Crocker that there are a lot of children who walk through that area and said 'she is in favor of requiring the sidewalk. Mr. Gitelman arrived at 5:10 P. M. Mr. Jacks revised his recommendation to approve the final plat of Winwood II, Phase 2, with the stipulation that the developer meet the comments of the Plat Review Committee and that he be required to build the sidewalk along Winwood Drive. Keith Newhouse seconded the motion, which passed 7-0-1, with Davis, Hailey, Power, Anderson, Jacks, Newhouse, and Crocker voting "Aye" and Gitelman abstaining. The second item for consideration was PARNELL CONSTRUCTION COMPANY the approval of the large scale Large Scale Development development plan of Parnell Construction South of Hwy. 62 West Company to develop property lying east of Highway 71 Bypass and south of Highway 62 West. Section 18-13 of the Fayetteville Code of Ordinances requires developer to submit a development plan to the Planning Commission, to provide right of way for a Service Road and to agree in writing to construct the Service Road and close any access points into Highway 71 Bypass that may have been granted by the Arkansas Highway Department. Rita Davis acknowledged the letter from Don Bunn, CityEngineer, requesting a 30 foot utility easement off the east side of the development plan for future installation of a 24 inch water line. Ernest Jacks made a motion to approve the large scale development plan subject to the Plat Review comments and working out the water line easement with the City Engineer. Keith Newhouse seconded the motion. Planning Commission Meeting March 13, 1978 -2- Peg Anderson noted that there is a large portion of this property flood plain. She also said she would hope the developer would do the highway and the storage building. The motion, made by Mr. Jacks and seconded by Mr. Newhouse passed Next was the approval of the revised preliminary plat of Smoke Rise Subdivision, lying South of Maple Manor Apartments, Demaree, McChristian, and Demaree, developers. Pat Demaree, Dewayne McChristian, and Don Mitchell were present to represent. Mr Jacks said the proposed street right of way shown on this plat does line up with the proposed street in Maple Terrace Subdivision to the west. He said the distance between the reverse curves is below the minimum width and the developers are requesting a waiver for this. It is 88 feet and the requirement is 100 feet. They are also asking for a waiver on street light spacing in two instances to a maximum of 460 feet. He noted that they are also asking for a waiver on curb and gutter requirements along the service road, but the Planning Commission has had a policy in the past to require curb and gutter along service roads. Mr. Jacks made a motion to approve the preliminary plat of Smoke Rise Subdivision subject to meeting the Plat Review comments; approval of the waiver on distance on the reverse curves; waiving the distance between street lights in two instances, and requiring curb and gutter and a street light at the NE corner of the subdivision on the service road. Keith Newhouse seconded the motion, which passed unanimously. which is in the some landscaping between unanimously. SMOKE RISE SUBDIVISION Preliminary Plat "S. of Maple Manor The fifth item was the public hearing on Rezoning Petition R78 -S, Rose (Rogers) Hallstone to rezone property located at 714 REZONING PETITION R78-5 Rose (Rogers) Hallstone 714 West 6th Street West 6th Street (Highway 62 W), from I-1, Heavy Commercial and Light Industrial to R-3, High Density Residential District. J. O.Hoggard was present representing the petitioner. Larry Wood summarized his planning report to the Commission. He said he had recommended that the Commission consider favorable the zoning change to R-3 on this property. He said if they do consider changing the zoning to R-3, he felt they should consider changing'. the entire block to R-3 at some time in the near future, and a portion of the area east of Hill Avenue. He felt if this is not done, then the same inconsistent land use pattern will be redeveloped. He also said that it appears that the block from Hill Avenue west to the railroad track along Highway 62 holds some potential for commercial redevelopment sometime in the more distant future. Bobbie Jones noted that the petitioner requested R-3, rather than R-2, because of the lesser rear yard setback in the R-3 zone. J. 0. Hoggard said the owner is planning to build a duplex on the property. Peg Anderson made a motion to approve the rezoning. John Power seconded the motion, which passed unanimously. Peg Anderson asked that Larry Wood come back in with a for the Planning Commission to consider for rezoning. Next was a conditional use request for a duplex in the R-1 District submitted by Tom Lavender for property located at 416 North Sang Avenue. Tom Lavender was present to represent. proposal to define the area DUPLEX CONDITIONAL USE Tom Lavender 416 N. Sang • • • Planning Commission Meeting March 13, 1978 -3- Mr. Lavender said he wanted to build a duplex on his property. He said there is an existing trailer house there which had been sold and would be moved. He noted that there is a 6 -unit apartment complex on his property which was there before this was taken into the City. Peg Anderson said she had received two telephone calls concerning this conditional use request. She said the people were concerned that there were already non -conforming uses in the area, including a 6 -unit apartment house owned by Mr. Lavender. They were also concerned that there are several houses using one private drive. She said the persons who called here were concerned that he would be adding to a non -conforming situation without building a road.. Mr. Lavender explained that the non -conforming uses were there before the present zoning went into effect. He said one of the houses was built in 1956, the other is his own home. Jim Stephens, 588 Assembly Drive, said he is developing Westwood Subdivision near this property and he would rather not have the duplex in this area. Mr. Lavender said he did not feel Mr. Stephens has a legal objection. He stated that Mr. Stephens' property is half a mile from his, and also, Mr. Lavender said he was there long before Mr. Stephens' development started taking place. John Power made a motion to approve the conditional use for the duplex. Morton Gitelman seconded the motion. Phyllis Johnson said she owns 20 acres across the street from this which has not been developed at this time. She stated that there are several other large tracts in the area which have not been developed. She stated that she would favor a one - family dwelling over a duplex. She felt if they allow the duplex, they may be pushing the area in the direction of duplexes or apartments. Mr. Lavender said .he rents the 6 units he has to students and plans to rent the duplex to students. He said they only allow one student in each unit. He stated that he would maintain at least a standardwhich is already set. John Power asked Phyllis Johnson if she really sees this duplex as setting a precedent for the area since all the other tracts of land in .the area are large tracts. Phyllis Johnson said she does see this as setting a precedent. She felt they would lose control over the area. Mr. Power explained that the Planning Commission still has control over the development of the area. The motion, made by Mr. Power and seconded by Mr. Gitelman failed to pass 4-4, with Gitelman, Newhouse, Power and Hailey voting "Aye" and Crocker, Jacks, Anderson, and Davis voting "Nay". Mr. Lavender stated that he felt the Planning Commission decision was unfair. He said he had set the criteria for development a long time before this property was ever taken into the City. The last item for consideration was a conditional CONDITIONAL USE use request submitted by Robert and Charles Nickle Robert 4 Charles Nickle for two tandem lots at 948 North Lakeside Drive, 948 North Lakeside Drive zoned R-1, Low Density Residential District. Robert Nickle and Charles Nickle were present to represent the request:. Robert Nickle said they plan to build two single-family residences on the two tandem lots. He said they plan to put a private road into the property and split into the individual driveways from this road. He stated that the reason for the two tandem lots is the lack of frontage on Lakeside Drive. Mr. Jacks said he felt this is the reason the tandem lot ordinance was developed. Keith Newhouse made a motion to approve the two tandem lots.. Newton Hailey.setonded the .motion,..which,passed_7-0-1..with ,Hailey, Newhouse, Davis, Anderson, Jacks,_'Crocker and Gitelman voting "Aye" and Power abstaining (for personal reasons). The meeting adjourned at 5:50 P. M. • • • RESOLUTION PC 19-78 WHEREAS, at its regular meeting on Monday, March 13, 1978, the Planning Commission voted to approve the final subdivision plat dated 19 , known as Winwood II, Phase 2, submitted by Fayetteville Land Company, Inc. WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Mildred Winborn 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 Winwood II, Phase II Subdivision described as follows: LEGAL DESCRIPTION: A part of the NWq of the SW' of Section 2, Township 16 North, Range 30 West of the 5th Principal Meridian, Washington County, Fayetteville, Arkansas, described as follows: Beginning at the SE corner of said 40 acre tract and running thence N 1 degrees 08' 39" E200.0 feet; thence N 89 degrees 16' 19" W 190 feet; thence S 61 degrees 34' 42" W 175.73 feet; thence S 15 degrees 14' 38" W 118.71 feet; thence S 89 degrees 21' 09" E 371.8 feet to the point of beginning, containing 1.46 acres, more or less, City of Fayetteville, Arkansas. PASSED and APPROVED this day of , 1978. ATTEST: Morton Gitelman, Secretary. APPROVED: Rita Davis, Chairman • • • RESOLUTION PC 20-78 WHEREAS, a public hearing was held March 13, 1978, fifteen (15) days after and after a notice was published in the paper of general circulation; and by the Planning Commission, Monday, a sign was erected upon the property Northwest Arkansas Times, a news - WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R78-6, Rose (Rogers) Hallstone. 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 I-1, Heavy Commercial and Light Industrial District to R-3, High Density Residential District, said real estate LEGAL DESCRIPTION: Eighty-two and 1 feet taken of equal width off the East side of the following described land: Beginning five chains and 46 links North of the Southwest corner of the Southeast 1/4 of Southwest 11 of Section 16, T -16-N of R -30-W, and running thence East six chains and forty links, thence North three chains and fifty links to the right-of-way of the St. Louis and San Francisco railroad; thence Southwesterly with said right-of-way to a point ten links North of the beginning point; thence South to the place of beginning, except a strip off the East end of said track 175 feet East and West all located inLthe City of Fayetteville. SECTION 2. That the above described property be rezoned from I-1, Heavy Commercial and Light Industrial District to R-3, High Density Residential District, so that petitioner may develop property accordingly. PASSED and APPROVED this day of APPROVED: , 1978. Rita Davis, Chairman