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HomeMy WebLinkAbout1978-03-27 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held at 5:00 P. M., Monday, March 27, 1978, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Vice -Chairman Keith Newhouse, Newton Hailey, John Power, Bill Kisor, Ernest Jacks; Beth Crocker, Morton Gitelman. MEMBERS ABSENT: OTHERS PRESENT: Peg Anderson, Rita Davis. Bobbie Jones, Angie Medlock, Larry Wood, Carter Schell, Scott Van.Laningham, Wade Bishop, Marshall Carlisle, Vernon Wilson, Richard Osborne, Pat Demaree, Dewayne McChristian, Gary Blackburn, Mark Bemberg, Debbie Muruaga. In the absence of Chairman Rita Davis, Vice-chairman Keith Newhouse called the meeting to order. The minutes of the March 13, 1978, Planning Commission meeting MINUTES were approved as mailed. The first item for discussion was a review of a sketch prior to submission of the preliminary plat of Regency East Subdivision located West of Happy Hollow Road, north of the Industrial Park property, and east of Curtis Avenue and Southmont Apartments; Wade Bishop, developer. Wade Bishop was present to represent. Ernest Jacks made a motion to require that the developer leave the right of way for Fairlane as shown on the plat on the north property line of this development. Keith Newhouse seconded the motion. Wade Bishop stated that he has no objection to the street being built on the north line, but he would have to have participation in the costs from the adjoining property owners. He stated that he could not build the street all at his own expense and only have lots on one side of the street. Mr. Jacks said the City policy is that the developers bear their proportionate share of the cost of the street construction. He felt the City may want a contract for the building of that street if it is not built at this time. Mr. Jacks felt Mr. Bishop would only need to pave enough for access into his subdivision at this time. The motion to leave the right-of-way as dedicated made by Mr. Jacks and seconded by Keith Newhouse passed 6-0. REGENCY EAST SUBDIVISION Concept Sketch Wade Bishop The second item for consideration was the amended VILLA NORTH final plat of Villa North,.Holly-Ogden Enterprises, Amended Final Plat developer. The purpose of the amendment is to delete Holly -Ogden the requirement to develop recreation area. Mobile home parks require 8% of the gross mobile home park area to be developed as recreation space. Subdivisions do not require recreation space Attorney Marshall Carlisle was present to represent. Keith Newhouse explained that the developers want to show that the mobile home park recreation areas are no longer required since they are no longer allowing mobile homes. Mr. Jacks made a motion to approve the final plat of Villa North as amended to delete the recreational areas. John Power seconded the motion, which passed 6-0. • Planning Commission Meeting March 27, 1978 -2- Next was the public hearing on Rezoning Petition R78-6, Vernon Wilson, to rezone Lots 6, 8, 9, and 10 of McCormick Subdivision from R-2, Medium Density Residential, REZONING PETITION R78-6 Vernon Wilson James Street to C-1, Neighborhood Commercial. Vernon Wilson was present to represent. Planner Larry Wood explained that he had given the Planning Commission three alterna- tives to consider to change the zoning. He pointed out that there is commercial in the triangle between Highway 112 and Mount Comfort Road. He stated that the property to the west 'of -:James Street is zoned R-2 and there are some sketch plans out for that to be developed as multi -family. He said if that happens, you would be leaving the remaining .homes with R-2 on two sides and C-1 on the east side. He felt this would not be desirable for those remaining homes. Mr. Wilson stated that he has two basic reasons for requesting the C-1, Neighborhood Commercial zoning --1) to replace some of the land which he has lost through the City through condemnation and 2) if the R-2 property is developed as multi -family, there will be a need for more shopping on this side of the road. John Power stated that the petitioner could do more in R-0 than he may realize. In the R-0 district, professional offices, studios and related services are allowed by right and multi -family dwellings, medium and high density, and eating places are allowed on appeal to the Planning Commission. No one was present in opposition. John Power made a motion to approve the rezoning as requested based on Plan 3 as submitted by Planning Consultant Larry Wood. Ernest Jacks seconded the motion which passed 6-0. Morton Gitelman arrived at 5:20 P. M. Next was a request by the City Board of Directors RANDALL BARNES that the Planning Commission look at the revised rezoning Revised Zoning Plan plan of Randall and Mildred Barnes for property Highway 16 West located on the North side of Highway 16 West and West of Ruple Road, to rezone from A-1, Agricultural District, to R-2, Medium Density Residential District. The public hearing was held on February 13, 1978, and the Planning Commission voted unanimously to rezone the entire tract to R-1, low Density Residential District. Bobbie Jones said it was her understanding that the Board of.Directors was.referring back to the.Plannirig Commission -a proposal to 'rezone some,-ofthe property_to-Rrl and R-2. She did .not`feel:they`wanted^them`.to.consi'der any C-1 zoning.at this time., Jnbn_-Power felt the Board could rezone this to R-2, without sending it back to the Planning Commission. He noted that the Planning Commission has already been through the entire rezoning process. Attorney Richard Osborne was present'representing Mr. Barnes. He stated that the petitioner did not ask for the petition- to be sent back to the Planning Commission. He felt one of the reasons this was sent back to the Planning Commission was for them to look at the possibility of some commercial along the front and the rest of the 30 acres to be rezoned to R-2, Medium Density Residential, with a Bill of Assurance that only duplexes will be built on the lots. There was some confusion as to what'the Board of Directors actually wanted the Commission to look at. Bobbie Jones read from the Board of Directors minutes In view of the fact that Barnes' offer to execute a bill of 11111 assurance was not made to the Planning Commission; that an A • • Planning Commission Meeting March 27, 1978 -3- error had been made when the Planning Commission was advised that no sewer existed to serve the proposed development when in fact sewer had been installed at Barnes' expense; and that the petitioner now requested C-1, rather than C-2; Director Noland moved the Board refer the new proposals back to the Planning Commission. The motion was seconded by Henry. Noland agreed to an amendment to the motion by Malone that the Planning Commission be informed that the Board does not believe the commercial zone is proper and that the Board would like the Commission to consider R-1 versus R-2 classification. John Power made a motion to approve _..; rezoning to R-2 the entire 30 acres, contingent on a Bill of Assurance that nothing more dense than duplexes would be allowed. Ernest Jacks seconded the motion. Morton Gitelman asked Larry Wood if he felt they should have another planning report before voting on the rezoning. Larry Wood stated that his basic problem, besides the sewer, was the committment to develop lands that far out from the City when there are areas closer to town which have not yet been developed. Bobbie Jones noted that 14 units per acre would be allowed in the R-2 district and 7 units per acre.:in the R-1 district (duplex development). Mr. Gitelman said he appreciates the logic in having developments that intense that far away from the City. He felt the question now is whether they want to allow 14 units per acre rather than 7 units per acre. John Power stated that it seems the Board of Directors was receptive to the R-2. Beth Crocker felt the Board of Directors was considering R-2 for the section along the highway rather than the entire tract. Mr. Gitelman stated that they will have set the pattern for the areas between this and the City which are not already developed if they rezone this to R-2. Richard Osborne said he is not sure that he agrees with Mr. Gitelman and Mr. Wood that this will set a precedent for the undeveloped areas between this property and the City. John Power said he feels there is a need for duplexes. The motion to approve the rezoning to R-2 made by John Power and seconded by Ernest Jacks failed to pass 4-3, with Power, Jacks, Gitelman, and Newhouse voting "Aye" and Hailey, Crocker, and Kisor voting "Nay". The fifth item for consideration was the conditional use request for an addition to the radio station located on Holly Street BIG CHIEF BROADCASTING COMPANY Conditional Use Request Holly Street submitted by Big Chief Broadcasting Company, zoned R-1, Low Density Residential District. Pat Demaree and Dewayne McChristian were present to represent. Mr. Demaree stated that the addition which they want.•to make would be a second story to the existing building. They also need to build more parking spaces, because the present parking lot is inadequate. They are planning to build an additional parking lot. Mr. McChristian said they would also be adding a building to store a tractor and truck but they will be removing a 12 by 20 foot metal building. They also hope to build a place on the new parking lot for sanitation services to pick up the trash. • • Planning Commission Meeting March 27, 1978 -4- Mr. Jacks asked if the adjoining property owners had been notified and Bobbie Jones said "yes". Gary Blackburn, 1317 North Lewis, said his house is at the back of the proposed parking lot. He stated that he sleeps -Until 1:00 in the morning because he goes to work at 2:00. He felt they may be anticipating puttingthe lodal for the sanitation service near his back yard.:: He noted that they take out trash at about 12:00 and always wake him up. He suggested that 1) they either locate the parking lot directly north of the proposed garage, or 2) locate the parking lot west of the existing structure. He said he would also like to have a privacy fence built between his property and the parking lot. Bobbie Jones said a privacy fence would be required. Mr. Demaree noted that they have existed at the present located for 21 years. Mark Bemberg, 1229 Lewis, said he is concerned that they do screen the parking lot and is also concerned about their adding 24 additional parking spaces. He noted that there is a gravel street there, and in the summer they have a problem with the dust. Pat Demaree assured the Commission that there will not be any additional personnel hired with this addition. Mr. Demaree said the gravel street has never been formally dedicated to the City since it has not been built. He said he had talked to Clayton Powell, Street Superintendent, and he told him this is a City street since it has been used as a street for seven years. Mr. Demaree said the City is going to give him a cost estimate to build the street. He said Mr. Powell felt that the:street may be built with the owners paying for the materials and the City providing labor and equipment. Newton Hailey asked Mr. McChristian if he would object to the parking lot being built near his home. Mr. McChristian said he would not object. He explained that the problemsare they would -.like to use the existing lot together with the new lot, and a new lot would require another driveway entrance and another culvert. Also, the radio station has ground radials running from the tower approximately 156 feet and anytime they disturb those, they would have to go all the way back to the tower with those. They would have to completely unearth all of these and put them back. As the parking lot is proposed, it will not require them to dig up the ground radials. He said if they can build the parking lot where it is proposed, it will save._them considerable expense. He said there would not be any electrical:problem in extending the lot to the north. Mr. Demaree said they are planning to build a screening fence and will be moving the all-night station to the other side of the building, away from Mr. Blackburn and Mr. Bemberg. Mr. McChristian said they would alleviate the problem of dumping the trash at night by taking it out in the morning. John Power said he would abstain from voting on this item. Bill Kisor made a motion to approve the conditional use request. Ernest Jacks questioned if this is really a conditional use or a non -conforming use. He felt there is a difference between a"transmitting tower, radio" as allowed on appeal to the Planning Commission under Use Unit 3 in the R-1 District and a radio station. He felt what they were talking about as a "transmitting tower, radio" would only be some type of transmitting tower. He felt the "radio station" would need to be in a zone which allowed offices. He felt they may be expanding a nonconforming use by allowing them to add on to the existing building. Mr. Blackburn said he felt it would be logical to assume that since they are enlarging the building and the parking facilities, they would be hiring additional personnel. Mr. Blackburn said all he is really concernedabout is that they provide some type of screening between the parking lot and his house and getting some kind of sound barrier so he will not be woke up every night. The motion to approve the conditional use passed 4-2-1, with Gitelman, Crocker, Newhouse, and Kisor voting "Aye",Hailey and Jacks voting "Nay" and Power abstaining. (An opinion from the City Attorney reflected that an abstention would go with the majority) • • Planning Commission Meeting March 27, 1978 -5- The last item for consideration was a conditional use request to CONDITIONAL USE operate.a child care facility in a home located at 341 North Child Care Center Highland, zoned R-0, Residential Office District submitted 341 North Highland by Debbie Muruaga. No one was present in opposition. Ernest Jacks made a motion to approve the conditional use request. Bill Kisor seconded the motion, which passed 7-0. The meeting adjourned at 6:15 P. M. RESOLUTION PC21-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, March 27, 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. R78-6, Vernon Wilson. 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-2, Medium Density Residential District to C-1, Neighborhood Commercial District, said real estate. LEGAL DESCRIPTION: Lots 6, 8, 9, and 10 of McCormick Subdivision SECTION 2. That the above described property be rezoned from R-2, Medium Density Residential to C-1, Neighborhood Commercial District, so that petitioner maydevelop property accordingly. PASSED and APPROVED this day of , 1978. APPROVED: Rita Davis, Chairman • • RESOLUTION PC 22-78 WHEREAS, at its'regular meeting on Monday, March 27, 1978, the Planning Commission voted to approve the final subdivision plat dated 19 , known as Villa North Subdivision, submitted by Holly -Ogden Enterprises; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Holly -Ogden Enterprises 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 because no mobile homes will be allowed in this subdivision, the requirement for recreation space be deleted. SECTION 3. 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 Villa North Subdivision described as follows: LEGAL DESCRIPTION: A part of the Northwest quarter (NWq) of the Southwest Quarter (SW') and a part of the Northeast quarter (NE;) of the Southwest Quarter (SW;) of Section 35, T -17-N, R -30-W, more particularly described as beginning at the Northwest corner of the Northeast Quarter (NE;) of the Southwest Quarter (SW',) of said Section 35; thence South 89 degrees, 12' 27" East - 658.76 feet; thence South 4 degrees, 33' West 645.49 feet; thence North 88 degrees, 33' 40" West - 1028.04 feet; thence North 78 degrees, 20' 20" West - 291.12 feet; thence North 4 degrees, 32' East - 577.85 feet; thence South 89 degrees, 43' 41" East - 660.55 feet to the point of beginning, containing 19.0 acres, more or less. PASSED AND APPROVED this day of 1977. ATTEST: • Morton Gitelman, Secretary APPROVED: Rita Davis, Chairman