Loading...
HomeMy WebLinkAbout1978-06-12 MinutesMINUTES OF A PLANNING COIMISSION MEETING A meeting of the Planning Commission was held on Monday, June 12, 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, Ernest Jacks, Bill Kisor, Newton Hailey, John Power, Beth Crocker, Morton Gitelman, Peg Anderson. Keith Newhouse Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, Steve Krysowaty, Truman Smith, E. Lamar Pettus, Pete: Estes, Bill Lazenby, Judith Robinson, Oscar Titus, Zeek Taylor, and other unidentified persons. The minutes of the June 12, 1978 Planning Commission meeting were approved as mailed. The first item for discussion was the final plat of Northwest Acres, Phase I, located North of Highway 16 West, and west of Ruple Lane; Ray Rastall, developer. This was tabled February 13, 1978, until the rezoning petition was finalized. The Board of Directors rezoned Assurance that the lots would be restricted to duplexes. Steve Krysowaty was present to represent. Ernest Jacks made a motion to approve the final plat with the following contingencies: 1) show the maximum number of units; 2) street lights will be required at all inter- sections, including the intersection of Highway 16 West; 3) show the sidewalks on Highway 16 West; 4) meet all Plat Review comments; and 5) no sidewalks or construction north of Franciscian Trail. Bill Kisor seconded the motion, which passed 7-0. MINUTES NORTHWEST ACRES Final Plat Phase I Highway 16 West the property to R-2, with a Bill of The second item for consideration was the public hearing on Rezoning Petition R78-17, Ridgeview Baptist Church and Kenneth Garton to rezone property located on the north side of Highway 16 RIDGEVIEW BAPTIST CHURCH REZONING PETITION R78-17 Highway 16 East East between Happy Hollow Road and Ray Avenue from R-1, Low Density Residential District to C-1, Neighborhood Commercial District. No one was present to represent the petition. Planning Consultant Larry Wood stated that this is an application to change from R-1, Low Density Residential to C-1, Neighborhood Commercial at the northeast corner of Happy Hollow Road and Highway 16 East. He noted that this is a joint application of two property owners. Mr. Wood said he had suggested that the Planning Commission consider tabeling this to allow the two property owners to establish an ownership pattern which would be better for commercial use. He said the amended general plan indicates commercial and public on this particular piece of property, retaining the portion for the church in P-1 to serve as a buffer transition from the commercial. He said that the way the ownership is split now, there is no guarantee that the Garton's and the Church will work together in developing the property. Ernest Jacks made a motion to table this and suggest that the property owners work together to try to establish an ownership pattern which would be better for the commercial use. Bill Kisor seconded the motion which passed 7-0. John Power arrived at 5:10 P.M. Planning Commisssion Meeting June 12, 1978 The third item for discussion was approval CHANGE OF NON -CONFORMING USE of a change of non -conforming use submitted E. Lamar Pettus by E. Lamar Pettus from a grocery store, 231 Mill Street liquor store, and warehouse to a small retail, shop, workshop, warehouse, etc. Property is located at 231 Mill Street, zoned R-2, Medium Density Residential District. This was tabled May 22, 1978 because there was no one present to represent the request. Lamar Pettus was present to represent. He said he would like to be able to rent this as a business establishment. He said to the south of this property there is a beauty par- lor and across the street is a service station and warehouse area. Mr. Pettus said he has had people asking him about the possibility of using this building as an outlet for a house building business and the possibility of using the building for a welding shop, and a wood -working shop. He said without approval from the Planning Commission, he would not be allowed to put in another type of business. Mr. Jacks asked if this has been used for the past six months. Pete Estes said he owns the property and he has been using the building for a warehouse to store air conditioners, refrigerators, etc. for apartments he owns. He said it has been in continuous use. Peg Anderson noted that there is a broken window and the inside of the building is empty at this time. She also stated that honeysuckle is grown over the front door and said she felt it probably had not been used in some time. Mr. Jacks stated that the proposed use should be equally or more appropriate for the district in which it is located. Ernest Jacks made a motion to allow the change of non -conforming use. Peg Anderson said she would like to know what the use is going to be. Mr. Pettus said he would like permission for some type of retail business. Peg Anderson suggested they allow any uses permitted in the C-1 zoning district. Mr. Jacks amended his motion to allow the change of non -conforming use to anything that is allowed in the C-1 zoning district. Bill Kisor seconded the motion. No one was present in opposition. The motion passed 8-0. Mr. Truman Smith arrived late to represent RIDGEVIEW BAPTIST CHURCH the rezoning petition of Ridgeview Baptist REZONING PETITION R78-17 Church. He asked that the Planning Highway 16 East Commission go ahead and take action on the Church's property at this meeting, if possible. Mr. Smith said there is one portion of the property shown on the drawing which should not be included in the rezoning petition. This is the property north of Tract A on the drawing submitted by the petitioners. He stated that this is a rental house which the Church owns, and they want it to remain R-1. Mr. Smith said the Church would like to have their property rezoned to P-1, or they would be willing to submit a Bill of Assurance with the C-1 zoning that only church facilities or a christian school would be built on the property. He said the church property would serve as a buffer between the commercial to the west and the R-1 to the east. Mr. Jacks pointed out that Planning Consultant Larry Wood's concern was the depth of the commercial. Mr. Smith said he would prefer that they sever Tracts A and B, owned by Mr. Garton, from this request, if it would delay the Planning Commission in taking action on the Church property. In answer to Beth Crocker's question, Larry Wood said he still feels 125 feet of depth for C-1 is very shallow --when you take 50 feet for building setback, that only leaves 75 feet to develop the property. • • • Planning Commission Meeting June 12, 1978 Peg Anderson said she is concerned about the access into the property and the depth of the commercial. Larry Wood pointed out that the plan is to eventually bring Highway 265 to Happy Hollow Road, so Happy Hollow Road will become even more intense in terms of traffic pattern. Peg Anderson made a motion to remove the rezoning request from the table. Mr. Jacks asked if they could vote to rezone the property to P-1, without readvertising and Bobbie Jones said she felt they could. Mr. Gitelman said he would be inclined to act on the church portion of the request and table Mr Garton's portion of the request at this time. John Power seconded Peg Anderson's motion to remove this from the table. No one was present in opposition. The motion passed 8-0. Peg Anderson made a motion to rezone Sections C €, D and the church property extending to Ray Avenue to P-1, Institutional District. Ernest Jacks seconded the motion which passed 8-0.. Peg Anderson made a motion to table the portion of the request concerning Mr. Garton's property (parcels A $ B on the drawing submitted). Ernest Jacks seconded the motion, which passed 8-0. Next was a conditional use request submitted by William Lazenby for a building contractor to be located at 1153 Happy Hollow Road, property zoned C-2, Thoroughfare Commercial District. The Planning Commission approved a conditional use request for a plumbing on February 13, 1978, on the same property. This will be an Bill Lazenby was present to represent. Mr. Lazenby said they had about 30,000 square feet left over after building the plumbing shop and he has a contractor who wants to put his business in a building to be built behind the plumbing shop. Mr. Lazenby said he is proposing to build a 4,000 square foot building. He stated that the driveway would be from the south. Bill Kisor asked if there would be any outside storage and Mr. Lazenby said they would probably store everything inside the building, however, if they did store anything outside the building, it would be between the two buildings. No one was present in opposition. Ernest Jacks made a motion to approve the conditional use. Morton Gitelman seconded the motion, which passed 8-0. ' WILLIAM LAZENBY Conditional Use Request 1153 Happy Hollow Road shop and supplies building additional use. Next was a conditional use request submitted JUDITH ROBINSON by Judith Robinson to use a house located at Conditional Use Request 1710 Lewis Street for a private elementary 1710 Lewis school, property zoned R-3, High Density Residential. Judith Robinson was present to represent the request. Ms. Robinson said she has been looking for a larger house so she would not be limited to 15 children. No one was present in opposition. Bill Kisor made a motion to approve the request. Peg Anderson seconded the motion. John Power asked if there would be any limitations placed on the request. He asked Ms. Robinson what she thought would be a fair number of children to limit her to. She said she would like to have 30 children. Newton Hailey questioned if the house is on sewer. Ms. Robinson said she did not know. .Larry Wood said he did not feel it is on sewer. Planning Commission Meeting June 12,.1918 -4- Ms. Robinson said there is a large building behind the house which they would like to use as a wood working shop for the older children, so they will not have all 30 children in the house at the same time. Rita Davis said she does not feel one bathroom is enough for 30 children. John Power said he would like to review this request again in one year. Bill Kisor noted that there have been lots of problems with septic tanks in that area. Bobbie Jones said the house scales out to be approximately 1500 square feet. Bill Kisor amended his motion to approve the conditional use for the private elementary school with the restrictions that she be limited to 30 children and come back before the Planning Commission in one year for a renewal of the request. Peg Anderson seconded the amended motion, which passed 7-1, with Kisor, Anderson, Power, Hailey, Jacks, Crocker, and Gitelman voting "Aye" and Davis voting "Nay". Next was a conditional use request submitted BRAUN EXCAVATING CO. by Braun Excavating Company for a temporary Conditonal Use Request construction facility including a construction Morningside Dr. $ 15 Street trailer, construction equipment, pipe, etc., to be used as a central location, on the northwest corner of the intersection of Morningside Drive and 15th Street, property zoned R-2, Medium Density Residential District. No one was present to represent the request. Ernest Jacks asked if this is in connection with City projects and Bobbie Jones said it is in connection with several city projects. No one was present in opposition. Newton Hailey suggested that they limit the conditional use request to when the company's contract is up.. Bill Kisor made a motion to approve the conditional use request for one year. Ernest Jacks seconded the motion. Peg Anderson questioned if there is a fencing requirement on this property and Bobbie Jones said the Planning Commission can impose any conditions they want to on a conditional use request. Some of the other members felt it would be difficult to fence this type of use. The motion passed 8-0. The seventh item for discussion LAURA BAKER was a conditional use request Tandem Lot Request submitted by Laura Baker for a 520 E. Maple tandem lot development for property zoned R-1, Low Density Residential District, located at 520 East. Maple. Steve Krysowaty was present to represent the request. He said Mrs. Baker would like to have her house approved as a tandem lot and split the remaining lots with lot splits. Bobbie Jones explained that she had previously approved two splits for Lots 1, 2, 3, and 4. She said there would be one more split allowed on those four lots. There would also be three splits allowed on the remaining lots. Rita Davis said she did not feel this is the intent of the tandem lot ordinance. Beth Crocker agreed with Rita Davis. Peg Anderson said she is concerned about the 5 foot strip left going out to Mission. She said she is concerned that no one will maintain this strip of property. Ernest Jacks agreed that this is not the reason for the existence of the tandem lot ordinance. He further stated that he hates to see these larger pieces of property chopped up in this way. Bill Kisor made a motion to approve the tandem lot request. The motion was seconded by Peg Anderson and passed 7-1, with Hailey, Power, Anderson, Davis, Jacks, Gitelman, and Kisor voting "Aye" and Crocker voting "Nay". Planning Commission Meeting June 12, 1978 -5- The eighth item for consideration was a conditional use request submitted by Jerry D. Sweetser to construct a duplex at the southeast DUPLEX CONDITIONAL USE Jerry D. Sweetser Lawson $ Gregg corner of Lawson and Gregg on Lots 16 and 17 zoned R-1, Low Density Residential District. No one was present to represent the request. Oscar Titus and Zeek Taylor, adjoining property owners, were present to see if Mr. Sweetser had more detailed plans of the duplex. Mr. Titus was concerned that the duplex may be two story and the soil is marshy and wet. Mr. Titus said, however, that they would be glad to see -a duplex built on the lot. Peg Anderson made a motion to approve the request. Morton Gitelman seconded the motion, which passed 8-0. Next was the large scale development plan and Large Scale Development conditional use request for a new terminal & Conditional Use Request building to be located south of the DRAKE FIELD AIRPORT existing terminal facilities at Drake Field Airport. Mr. Jacks noted that this should not have been put on the agenda for this meeting and made a motion to table this item until the June 26 meeting. Bill Kisor seconded the motion. Peg Anderson asked if the new plan calls for more short-term parking and Bobbie Jones said she did not know. The motion passed 8-0. Planning Consultant Larry Wood Report from Larry Wood presented his study of the area HIGHWAY 62 8 GREGG AVE. AREA near Highway 62 and Gregg Avenue. Mr. Wood showed the Commissioners proposed changes in the Land Use Plan. He noted that the area north of Prairie Street is presently residentially used but zoned for industrial. He said the property owners there would like for that property to be zoned residential and suggested that the zoning and land use plan be changed to reflect that area as residential with some type of buffer between the residential and industrial which is located on the south part of Prairie Street. He suggested that they show some type of buffer zone, possibly R-0, between the residential and industrial. Mr. Wood suggested that the Commission hold a public hearing to amend the land use plan as well as the zoning. Mr. Jacks made a motion to advertise for a public hearing to be held on July 10, 1978, to amend the land use plan and the zoning in the area near Highway 62 and Gregg Avenue. Bill Kisor seconded the motion, which passed unanimously. Next was a discussion on an opinion from OPINION FROM JIM MCCORD City Attorney Jim McCord on the authority Lot Splits of the Planning Administrator to grant lot splits. Beth Crocker said she feels Jim McCord's interpretation is one interpretation of the Ordinance. She said she feels it could be narrowly interpreted another way and that is that it says "a subdivision which creates only one new lot from an existing platted. lot". She said if you speak of existing at the time the Ordinance was enacted, you would get a different interpretation. She stated that she feels the lot splits create a real problem in the suburban areas, where five acre lots are platted and the owner would be able to furtherr split the lots to 11, as long as they could meet the bulk and area requirements. Planning Commission Meeting June 12, 1978 -6- Ernest Jacks asked Bobbie Jones if she interprets the Ordinance saying that she has to grant three lot splits on a piece of property as long as it meets other requirements, or if she feels she has the option of bringing a split before the Planning Commission. Bobbie Jones said she has referred lot splits to others when there was something about the split which bothered her. She said she has been told by Jim McCord, in the past, that when a question comes up, the public would get the benefit of the doubt. Beth Crocker stated that the Ordinance doesn't read that way. She said it reads that a split "may" be granted --it doesn't say that it has to be granted. Bobbie Jones said Jim McCord has said that unless the Ordinance sets up standards for disapproval, she would have to approve it. Beth Crocker felt maybe the Planning Commission should set up standards for disapproval. Mr. Gitelman said he had talked briefly with Jim McCord who indicated the Planning Commission could set standards for disapproval of lot splits. He said he felt it would be complicated to set up standards or conditions when they would not want a lot split to be granted. Beth Crocker said she feels you do not get an orderly picture of the property when you only consider a lot split. Mr. Gitelman said they may want to consider a time element. He suggested that they may want to say that lots which were subdivided since 1963 when the Zoning Ordinance went into effect may not be subject to lot splits. He said the old subdivisions which were platted with no standards, or property that is not platted at all, may be the ones the Planning Office needs to be careful with. Beth Crocker said she was not sure if she agreed with Mr. Gitelman. She asked if they should look at the areas which have developed with larger lots differently. Mr. Gitelman explained that what he is saying is that those lots could not be split. Chairman Davis asked that Mr. Gitelman and Beth Crocker meet with the City Attorney to discuss lot splits. The meeting adjourned at 6:45 P. M. • • RESOLUTION PC 37-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, June 12, 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 R78-17, Ridgeview Baptist Church. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIJJF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-1, Low Density Residential District to P-1, Institutional District, said real estate. LEGAL DESCRIPTION: A part of the NWe of the NE* of the NW* of Section 23, T -16-N, R -30-W of the Fifth Principal Meridian, Washington County, Arkansas: Beginning at a point on the Easterly Right -of -Way of Happy Hollow Road which is 50.2' South of the Northwest corner of said 10 acre tract; thence South 227.20' to the Northerly Right -of -Way of State Highway 16 and running along said Northerly Right -of -Way; thence S 68°09'E 113.10'; thence S67°37'20"E 338.51'; thence North 301.62'; thence N89°49'W 313.0'; thence North 45.0'; thence N89°49'W 105.0' to the point of beginning. ALSO: A part of the NE** of the NWw of Section 23, T -16-N, R-30 W, and being more particularly described as follows, to -wit: Beginning at a point 95.2 feet South and 418 feet East of the Northwest corner of said 40 -acre tract, and running thence South 301.62 feet; thence South 75°7' East 126.45 feet; thence North 205.73 feet; thence West 27.27 feet; thence North 128.0 feet; thence West 95.0 feet to the point of beginning, containing 0.81 acres, more or less. ALSO, a part of the DEJ* of the NE* of the NW* of Section 23, T -16-N, R -30-W, described as follows: Beginning at a point on the North line of the right-of-way of State Hwy. 16 which is 450 feet South of the NE corner of said 10 acre tract, and running thence North 79° West with the said Highway line 122 feet; thence North 200 feet, thence West 27 feet; thence North 128.5 feet; thence East 147 feet to the East line of said 10 acre tract; thence South 355 feet to the place of beginning, containing in all 1.016 acres, more or less. LESS AND EXCEPT: Tract #A being more particularly described as follows: A part of the ?Mt of the NE* of the Nil; of Section 23, T -16-N, R -30-W of the Fifth Principal Meridian, Washington County, Arkansas, beginning at a point 123.7 feet South of the Northwest Corner of said 10 acre tract; said point being on the Easterly Right -of - Way of Happy Hollow Road; thence South along said Easterly Right -of -Way 103.5 feet to the Northerly Right -of -Way of State Highway No: 16; thence S68°09'E along said Northerly Right -of -Way 113.1 feet; thence leaving said Northerly Right -of -Way running North 139.23 feet; thence N86°32'W, 105.2 feet to the Point of Beginning, ALSO LESS AND EXCEPT: Tract #B being more particularly described as follows: A part of the NW4 of the NE* of the NW* of Section 23, T -16-N, R -30-W of the Fifth Principal Meridian, Washington County, Arkansas, commence at the NW corner of said 10 acre tract and running thence South 50.2 feet; thence S89°49'E, 105.0 feet, thence South 93.73 feet for the Point of Beginning. From said Point of Beginning continue thence South 125.0 feet to the Northerly Right -of -Way of State Highway No. 16; thence S67°37'20"E along said Northerly Right - of -Way 225.41 feet; thence leaving said Right -of -Way running North 125.0 feet; thence N67°37'20"W, 225.41 feet to the Point of Beginning. • • • RESOLUTION PC 38-78 WHEREAS, a public hearing was held by the Planning Commission, Monday, June 26, 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 R78-17, Kenneth Garton. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING CO MISSION TO THE BOARD OF DIRECTORS OF T[ -E CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-1, Low Density Residential District to C-1, Neighborhood Commercial District, said real estate. LEGAL DESCRIPTION: Tract #A: A Fart of the NW* of the NE, of the NWL of Section 23, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas. More particularly described as follows: Beginning at a point 123.7 feet South of the Northwest Corner of said 10 acre tract; said'point being on the Easterly Right of Way of Harpy Hollow Road; thence South along said Easterly Right of Way 103.5 feet to the Northerly Right of Way of State Highway No. 16; thence 5 68°09'East along said Northerly Right of Way 113.1 feet; thence leaving a.in Northerly right of way running North 139.23 feet; thence N86°321West, 105.2 feet to the Point of Beginning. AND-,Tract.#B: A part of the NW4 of the NE4 of the NW4 of Section 23, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County Arkansas, More particularly described as follows: Beginning at the Northwest Corner of said 10 acre tract and running thence South 50.2 feet; thence S89°49' East 105.0 feet; thence South 93.73 feet for the Point of Beginning. From said Point of Beginning continue thence South 125.0 feet to the Northerly Right of Way of State Highway No. 16; thence S67°37120"East along said Northerly Right of Way 225.41 feet; thence leaving said Right of Way running North 125.0 feet; thence N67°37'20"West 225.41 feet to the point of beginning. SECTION 2. That the above described property be rezoned from R-1, Low Density Residential to C-1, Neighborhood Commercial District, so that the petitioner may develcpe property accordingly. PASSED AND APPROVED this 26th day of June APPROVED: , 1978. Rita Davis, Chairman • • • RESOLUTION PC 37-78 Page 2 ALSO LESS AND EXCEPT: A part of the Nr1t of the NEt of the NWe of Section 23, T -16-N, R -30-W of the Fifth Principal Meridian, Washington County, Fayetteville, Arkansas: Beginning at a point on the Easterly Right -of -Way of Happy Hollow Road which is 50.2 feet South of the NW corner of said 10 acre tract; thence South 73.50 feet along said Right -of -Way; thence S86°32'E 105.20 feet; thence North 79.5 feet; thence N89°49'W 105.0 feet to the point of beginning. SECTION 2. That the above described property be rezoned from R-1, Low Density Residential District to P-1, Institutional District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1978. APPROVED: Rita Davis, Chairman