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HomeMy WebLinkAbout1978-08-14 Minutes• • • A meeting of the 5:15 P.M., in the ville, Arkansas MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: MINUTES OF A PLANNING COMMISSION MEETING Planning Commission was held on Monday, August 14, 1978, at Board of Directors Room, City Administration Building, Fayette - Chairman Rita Davis, Newton Hailey, Bill Kisor, Peg Anderson, Windell Cullers, Ernest Jacks, Keith Newhouse, Beth Crocker, Morton Gitelman. None. Bobbie Jones, Angie Medlock, Don Grimes, Wayne Jones, Dale Holland, Jim Vizzier, Duane Nelson, Larry Smith, Mark R. Taylor, and other unidentified persons. Chairman Rita Davis called the meeting to order. ¶heminutes of the July 24, 1978 Planning Commission meeting were approved as mailed. MINUTES The first item for consideration was a proposal VACATE STREET RIGHTS-OF-WAY to vacate and abandon the following street right-of-way on abutting School Property abutting Fayetteville school properties: a portion of Treadwell Street, a portion of Buchanan Street, a portion of Delaware Avenue and all of Ohio Street. These rights-of-way are not currently being used for street purposes. This item was tabled July 24, 1978, so that abutting property owners of streets to be closed could be notified. City Manager Don Grimes was present to represent. Ernest Jacks made a motion to approve the vacating of the street rights-of-way subject to easements to be retained by the utility companies. Bill Kisor seconded the motion, which passed 9-0. The second item for consideration was the approval REPLAT OF LOT 4 of the preliminary and final plat of a Replat of ."Industrial Park a Part of Lot 4, Fayetteville Industrial Park; City of Fayetteville, developer. Ernest Jacks made a motion to approve the replat subject to Plat Review comments. Bill Kisor seconded the motion, which passed 9-0. Next was approval of an addition to a large scale .Amendment to development plan for anoffice building to be Large_Scale.Development located between the Ramada Inn and Nelson Funeral - ,Duane Nelson, Home; Duane Nelson, developer. This is on property Highway 71 'North abutting a --controlled access -highway.- - _ .- - -- - Mr. Jacks said there is a question about whether they should require 80 feet right- of-way for the extension of Stearns Road. Bobbie Jones noted that 60 feet was required when the Ramada Inn was built in 1971. Mr. Jacks made a motion to waive sidewalks in this area and not require curb and gutter at this point, but require a contract from Duane Nelson to install curb and at the time he can tie in logically to other properties. Mr. Jacks said the Subdivision Committee does not have a recommendation on whether to require the additional right- of-way on the extension of Stearns Road. Keith Newhouse seconded the motion. Newton Hailey said he felt they should require curb and gutter and upgrading of the service road at this time and correct the drainage problems. Planning Commission Meeting August 14, 1978 Mr. Jacks pointed out that the information they received from Larry Smith and Duane Nelson is that it would be difficult to know the elevations for the curbs - at this time. Mr.Newhouse said the highway department has admitted there are several problems at the base of the hill with the overflowing. Larry Smith said if they were to build curb and gutter at this time, there wouldn't be anywhere for the water to drain. He said there is a swale along the road which the water drains into. He said if you build curb and gutter, it will prevent the water from draining at all. Mr. Nelson said this property and about 1800 feet south need to be drained at the same time. Larry Smith said they are only talking about SO feet or so of curb, if they put it in now, but felt it would be useless. He noted that the highway department is responsible for doing the engineering there. Ernest Jacks amended his motion to require a contract for curb and gutter to be installed at the call of the City. Mr. Nelson said Clayton Powell has looked at the situation and agrees with them, that there are problems. Keith Newhouse seconded the motion, which passed unanimously. Ernest Jacks said there are some problems in requiring the 80 feet right-of-way. He said there is a large strip of Ramada Inn parking which would be affected. Mr. Nelson said he did not feel the Ramada Inn would give the 10 feet right-of-wayon their side of the 60 feet right-of-way shown. Mr. Jacks questioned if the Planning Commission feels they should carry the 80 feet requirement on through to the west. Mr. Nelson said all of the planning between himself and the General Growth people has been on the basis of 60 feet right-of-way. He felt this extension of Stearns Road is almost a reality with 60 feet right-of-way, but said there would be a long wait if they decide to require 80 feet right-of-way. • Windell Cullers questioned when the Master Street Plan was amended and Bobbie Jones said it was in 1973. She noted that the Ramada Inn was- built in 1971. Morton Gitelman made a motion to recommend to the Board of Directors that they do require the additional 10 feet right-of-way. Peg Anderson seconded the motion, which passed 8-1, with Crocker, Gitelman, Newhouse, Jacks, Davis, Cullers, Hailey, and Anderson voting "Aye" and Kisor voting "Nay". Next was approval of the preliminary plat to Replat REPLAT OF LOT 21 Lot 21, Glendale Addition, a Planned Unit Development, Glendale Addition zoned.R-2, Medium Density Residential District; Dale Planned Unit •Development Holland, developer. • Dale Holland -and Jim Vizzier were present to represent. Ernest Jacks made a motion to approve the preliminary plat with the provision that they gain approval of the city street superintendent on storm drainage, approval of the fire and sanitation superintendents on the radii on the culs-de-sac, and approval of the City Attorney on the protective covenants. Windell Cullers seconded the motion. Jim Vizzier said Mr. Holland is not sure if he would sell or rent the buildings. He said they have shown the maximum number of units. Mr. Vizzier said the streets are shown as private --if they decide to go public with the streets, they will have to rearrange the parking areas. Chip Wright, who lives on Lovers Lane, said he approves of the concept and is glad it is being done in this way. He said he feels they need the buffer. The motion to approve the preliminary plat passed 9-0. The next item was a conditional use request for a tent revival TENT REVIVAL • to be located on the north side of East Fifteenth Street, Conditional Use between Morningside Drive and Wood Avenue; submitted by Fifteenth Street Bible Missionary Church. No one was present to represent the request. • • Planning Commission Meeting August 14, 1978 After a short discussion Ernest Jacks made a motion to approve the tent revival for a maximum of 7 days and require the approval of Mr. Joe Kelly, who lives in a house closer than 500 feet to this proposed location. Windell Cullers seconded the motion, which passed 9-0. Next was a conditional use request for a temporary Conditional Use Request real estate sales office to be located at 1230 MARK R. TAYLOR Hendrix Street, property zoned R-1, Low Density 1230 Hendrix Street Residential District, Mark R. Taylor, applicant. Mark Taylor was present to represent the request. He said he would like to have a one- man real estate office in his home. He said he has talked with several neighbors and none of them indicated any objection. Chairman Rita Davis acknowledged a telephone call received by the Planning Office from Mr. Joe Leming, 1213 Hendrix, who said he does not object to Mr. Taylor having a business, but does object to it being in a residential area, such as Hendrix Street. Newton Hailey made a motion to grant the temporary conditional use for a real estate sales office at 1230 Hendrix Street for a period of one year, and the provision that the sign meet the requirements of the Home Occupation regulations (3 square feet). Beth Crocker seconded the motion, which passed 9-0. Ernest Jacks made a motion that the Planning COUNTY LAND USE Commission draft a letter to the County Planning Board asking them to consider some type of land use management system for the area outside the City limits and within the planning area. Beth Crocker seconded the motion. The motion passed 9-0. Chairman Davis asked Secretary Morton Gitelman to write the letter. Rita Davis noted that she had seen an' article PUD ORDINANCE in the paper about a Board of•Adjustment waiver requested by Jerry Sweetser to allow him to have a Planned Unit Development on less than 5 acres. She explained that he was asking for a waiver down to less than two acres so he could put eduplexes on the lots. Rita Davis said she doesn't really consider this a variance. Bobbie Jones explained that this was referred to the Board of Adjustment because they have authority to waive bulk and area requirements. Rita Davis said she did not feel this should have been sent to the Board of adjustment. Bill Kisor agreed with Mrs. Davis. Bobbie Jones said she felt this would require an amendment to the Ordinance. Morton Gitelman said a Planned Unit Development is a different kind of land use. He said he does not feel the Board of Adjustment should be allowed to waive land uses. The Commission agreed that Chairman Davis should contact Planning Consultant Larry Wood and ask that he make some provision in the PUD regulations about the acreage requirements, and Mr. Gitelman suggested they add a statement saying that "this is not subject to the Board of Adjustment discretion". Beth Crocker noted that Jerry Sweetser is filling in the pond on the PUD which the Planning Commission approved. She noted that the plan approved showed the pond left as is. The Commission asked that Bobbie Jones check on this. • The meeting adjourned at 6:15 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 RECOMMIDED BY TEE CITY PLANNING COMMISSION TO TEE BOARD OF DI.RECTORS 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 P-1, Institutional District, said real estate. LEGAL DESCRIPTION: A part of the MIL of the NEL of the N�J,i-, of Section 23, T -16-N, R-30- 1 of the Fifth Principal Meridian, Washington County, Arkansas: Beginning at a point on the Easterly Fight -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'VJ 313.0'; thence `forth 45.0'; thence N89°49'W 105.0' to the point of beginning. ALSO: A part of the NEL of the NI4 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 Mit of the NEL 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: P. part of the MIL.of the MEL of the A;•L 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 -';Jay running North 139.23 feet; thence N86°32':+1, 105.2 feet to the Point of Beginning, ALSO LESS AND EXCEPT: Tract #B being more particularly described as follows: A part of the 'u;,i-, of the :EL of t: Md)7 of Section 23, T-16-:, R-30-;, of the Fifth Principal Meridian, Washington County, Arkansas, ccmmence 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 Begin nine continue thence South 125 0 feet to the Northerly Right -of -day of State Highway No. 16; thence 567°37'20"E along said Northerly Right - of -Way 225.41 feet; thence leaving said Right -of -Way running North 125.0 feet; thence ::67°37120"W, 225.L1 feet to the Point of Beginning. • - C RESOLUTION PC 37-78 Page 2 ALSO LESS AND EXCEPT: A part of the MI* of the NE1 of the NW of Section 23, T -16-N, R-30-,1 of the Fifth Principal Meridian, Washington County, Fayetteville, Arkansas: Beginning at a point on the Easterly Right -of -flay 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 5860321E 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 ,,ay develope property accordingly. PASSED AND APPROVED this day of , 1978. A PPROVED : Rita Davis, Chairman RESOLUTICH PC 33-78 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 Tines, 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 RECMENDED BY THE CITY PLANNING C0:2ISSION TO THE BOARD OF DIRECTORS CF THE CITY OF FAYETTEVILLE, A.R ENS::S. SECTIO': 1. That an ordinance be adorted for the purpose of rezoning from R-1, Low Density Residential District to C-1, Neighborhood Commercial District, said real estate. LEGAL DESCRIPTION: Tract n':: A rart of the ;':ci of the of the :MI: of Section 23, Township 16 :forth, 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 cf Harpy Hollow Road; thence South along said Easterly Right of Way 103.5 feet to the Northerly Right of Way of State Highway ?fo. 16; thence S 68°09'East along said Northerly Right of Way 113.1 feet; thence leaving said Slortherly right of way running North 139.23 feet; thence N86°32'West, 105.2 feet to the Point of Beginning. AND' Tract #B: A part of the Mit of the NEt of the :Sli-, of Section 23, Township lfliorth, 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 :lay of State Highway No. 16; thence S67°37'20"East along said Northerly Right of iiay 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 cf June , 1978. APPROVED: Rita Davis, Chairman • RESOLUTION PC 39-73 RESOLUTION OF THE CITY PLANNING COM IISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS CI arr 4 tc ra WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas, has entered into a Loan and Grant Contract with the United States of America for the purpose of undertaking the Center Square Urban Renewal Project, ARK R-105; and WHEREAS, the Housing Authority has prepared a document entitled Amendment Number 2 to the Urban Renewal Plan - Center Square Urban Renewal Project, ARK R-105; and, WHEREAS, the Planning Commission has reviewed said Amendment and found it to be consistent with goals and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE City Planning Commission of the • City of Fayetteville, Arkansas: THAT, Amendment Number 2 to the Center Square Urban Renewal Plan ARK R-105 dated , be hereby approved. PASSED AND ADOPTED This 17/717-' day of OZ • • CHAIRMAN SECRETARY , 1978.