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HomeMy WebLinkAbout1978-09-11 Minutes• MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held on Monday, September 11, 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•;'Beth-Crocker, Ernest Jacks, Peg Anderson, Bill Kisor, Windell Cullers, Newton Hailey. Morton Gitelman and Keith Newhouse. Angie Medlock, Bobbie Jones, Larry Wood, David McWethy, Scott Van Laningham, George Faucette, Jr., Helen Edmiston, Claude Prewitt, Ervan Wimberly, Lamar Pettus, Gordon Houston, Don Beebe, John King, Helen Greer, Peter Harkins, Truman Yancey, Wayne Jones, Allen Sumner, Garland Melton, and other unidentified persons. Chairman Rita Davis called the meeting to order. There being no additions or corrections, the minutes of the August 28, 1978 Planning Commission meeting were approved as mailed. The first item for consideration was the preliminary plat of Fox Run Addition, a Planned Unit Development located south of Highway 45 East outside the city; Fox Run, Inc., developer. Helen Edmiston, Claude Prewitt, and Ervan Wimberly were present to represent. Mr. Jacks said the developer and the County have worked together on this preliminary plat and the developer will have a county road rather than a private road. He said they are requesting a waiver on the size of the plat and topography interval and are asking the Planning Commission to waive the maximum length of a dead-end road and waive the grade. Ernest Jacks made a motion to approve the preliminary plat with 1) waive the size of the plat; 2) waive the topography intervals; 3) waive the maximum length of a dead-end road and 4) waive the 700 foot .length of the road where the grade exceeds the maximum grade, and 5) require County approval. Bill Kisor seconded the motion. Peter Harkens was concerned that the road would be deviating from County standards. General Bruce Kendall said the County is working with the developer, and the road may be better than county standards. Mr. Harkins asked if the county would be responsible for maintenance and General Kendall said "yes", but they have an agreement with the developer that he will maintain the right-of-way up to the road. He said the county would maintain the road itself. Leonard Greenhaw, adjoining property owner said he is concerned about two things: 1) establishment of the 40 corner between his property and this property, and he has talked to the surveyor who has agreed to show him where the corner is so there will not be any future controversy; and 2) the proposed lake and the possibility of it overflowing onto his property. Claude Prewitt said Ervan Wimberly, the engineer, will design the lake for the 100 -year flood plain. He said, however, they are not sure they will build the lake. MINUTES FOX RUN ADDITION Preliminary Plat Highway 45 E. Planning Commission Meeting September 11, 1978 -2- Mr. Crouch was concerned that he would still have access to his property and Claude Prewitt said he would. There was some question as to whether this is a standard subdivision or a Planned Unit Development and Claude Prewitt said it would be a standard subdivision but would have common areas and a property owner's association. Peg Anderson noted that the Planning Commission would not have any authority to approve a Planned Unit Development outside the City because the Planned Unit Development is inrthe Zoning Ordinance, and not the Subdivision Regulations. The motion to approve made by Ernest Jacks and seconded by Bill Kisor passed 6-0-1, with Crocker, Jacks, Kisor, Cullers, Anderson and Hailey voting "Aye" and Davis abstaining. Next was a feasibility study requested by George Faucette, Jr., prior to submittal of a subdivision plat for property located on State Highway 156 north of Highway 45 East and outside the city limits. George Faucette Jr. was present to represent. Ernest Jacks explained that there are problems with extending City the road. He said the County does not object to the developer not road, since it comes off Highway 156 and Highway 156 is not paved. Mr. Jacks said the Subdivision Committee recommends that the developer be allowed to proceed with the preliminary plat based on not paving the road, and not being required to extend City water. George Faucette Jr. said the lots are large enough for wells. Mr. Jacks said the State was willing to pave Highway 156 a few years ago but the people who live there do not want the paving and Mr. Jacks said he doesn't feel the road will be paved anytime in the near future. The Commission was concerned about developing the lots without City water and George Faucette Jr. said they are trying to get the property owners in the area to participate in the cost of extending water from Highway 45. He said they would need to extend nearly 3,000 feet of line. Beth Crocker said she realizes that there are some good wells in the area, but noted that there are some places there where there is not enough water. Mr. Faucette noted that there are three good wells in the immediate area which seem to have an excellent flow. Rita Davis and Bill Kisor agreed that if people want to buy the lots without City water, they would not have any objection. Peg Anderson said she feels she would not approve a preliminary plat until the water and septic problems are worked out. Beth Crocker said she felt she would tend to say the property shouldn't be developed until City water could be extended. She said she may look at this differently if the Health Department gave approval to both the septic tanks and wells. Feasibility Study George Faucette, Jr. State Highway 156 water and paving paving the The fourth item was a proposed large scale development plan submitted by Southwestern Bell Telephone Company for; property lying north of Washington County fairgrounds abutting Highway 71 Bypass. The large scale development was approved by the Subdivision Committee. The Planning Commission must approve the conditional use for a "work center" including outside storage of cable and poles, and a lot split for property abutting a controlled access highway. Attorney Lamar Pettus was present to represent. SOUTHWESTERN BELL .Large:. Scale Development N. of Washington -Co. Fairgrounds • • Planning Commission Meeting September 11, 1978 -3- Ernest Jacks said the Subdivision Committee approved the large scale development plan subject to meeting Plat Review comments and the applicant dedicating any needed street right-of-way, and bring: that portion of the street which abuts this property, up to City standards. There was no one present to oppose the request. Peg Anderson moved that the conditional use for the "work center" be granted. Ernest Jacks seconded the motion, and noted that he is concerned about the view from the bypass. The motion passed 7-0. Bobbie Jones explained that there are actually two lot splits involved in this, since the telephone company property comes out of the middle of a larger tract. Lamar Pettus said J. D. Fisher has bought the property to the north, but has not yet had a lot split approved. ' Bill Kisor moved to approve the lot,split. Newton Hailey seconded the motion, which passed 7-0. Next was a public hearing on Rezoning Petition REZONING PET. R78-22 R78-22, Gordon Houston, to rezone property located Gordon Houston east of Porter Road and south of Deane Street, Porter & Deane Streets Lot 16, from R-1, Low Density Residential District to R-2, Medium Density Residential District. Gordon Houston was present to represent. Planning Consultant Larry Wood said he has not recommended the rezoning for two reasons: 1) it is not in keeping with the adopted land use plan, and 2) he feels the request is reversing the normal development process by placing the potential for single-family homes to be in between multiple -family development. Gordon Houston said he does not see how this development would isolate single- family homes and Larry Wood explained that the General Plan calls for multi- family on the triangle of property to the west of Porter Road and if this property were rezoned for multi -family, that would leave single-family in-between. Gordon Houston noted that when he was denied this rezoning about a year ago, it was brought up that water and sewer were not available. He said now there is sewer and there is a new water line coming down Deane Street. He rioted that part of the propertyis located in the flood plain area but he will not be building on that portion of the property. Mr. Houston explained that there are three accesses into this property. He has provided 'a 50 foot easement coming off Porter Road. Chairman Davis acknowledged letters from W. A. Smith and Mrs. Mildred Allen in opposition. Mr. Jack Parker, also present in opposition, said he lives on Porter Road, in front of this property, and does not want to see multi -family behind his house. He said this would decrease the value of his property. Gordon Houston said there is 100 feet between Mr. Parker's property and this property and he does not feel this would hurt the value of Parker's property. He noted that there was a house sold recently in the area which sold at the same rate as other houses in town, even with the multi -family dwellings within sight. Mr. Parker said you would be isolating a row of single-family homes if there is R-2 in front of his property and R-2 behind his.property. Beth Crocker asked if Mr. Houston owns the 50 foot strip back into this property and Mr. Houston said "yes". Gordon Houston said Porter Road is on top of the City's listof roads to be paved and he understands it will be paved as soon as the HUD money is released. Peg Anderson said she agreed with Larry Wood's recommendation and moved the rezoning be denied. Newton Hailey seconded the motion, which passed 7-0. Planning Commission Meeting September 11, 1978 -4- The sixth item was a conditional use request submitted by Youthbridge, Inc., for a residen- tial group home with a maximumof six residents plus house parents at 845 North Gregg Avenue. Planning Commission approved for period of one year on September 12, 1977, with stipulation that no more than 7 girls live there at one time. John King, chairman of the board of Youthbridge, was present to represent the request. Mr. King said they are now asking that they be given a permanent condi- tional use for this property.. He said they have met the conditions stipulated by the Planning Commission and have tried to be good neighbors, which he feels they have been. Mr. King said he personally polled members of the neighborhood and had only good reports about Youthbridge. Margaret Mead said she would like to support the conditional use, and agreed that they have been good neighbors. Bobbie Jones said they did notify those who signed a petition in opposition last year. Ernest Jacks moved to approve the conditional use request for Youthbridge. The motion was seconded by Beth Crocker. Bobbie Jones asked if the same stipulations would apply and Mr. Jacks amended his motion to reflect that there could only be four cars there on a permanent basis, and a maximum of 7 girls living in the house at one time. Beth Crocker seconded the amended motion, which passed unanimously. Next was a conditional use request submitted by Day Care Center George Shepherd for a Day Care Center to be Conditional Use located north of Dickson and east of the Post 6 West Dickson Office, in the educational building of Central United Methodist Church, property zoned R-0, Residential Office District. George Shepherd said the day care center would be a service offered to the community on a regular basis. He said the building they are proposing to use being immediately adjacent to the parking lot is pretty well isolated. There was no public opposition. Ernest Jacks made a motion to approve. Newton Hailey questioned if the previous day care center approved to the north is still using the church Playground and Mr. Shepherd said "no?. Windell Cullers seconded the motion, which passed unanimously. YOUTHBRIDGE 845 North Gregg Conditional Use The eighth item was a petition to vacate and abandon a 15 foot wide public alley, running north/south in Block 1 of A. L. Trent's Revised Plat of City Park Addition. The alleyway runs from Cleburn Street to North Street in the block between Petition submitted bytHelen Greer. Mrs. Greer said she wants to close the alley so one was present in opposition. Peg Anderson made a motion to approve the alley vacating. Bill Kisor seconded the motion, which passed unanimously. ALLEY VACATING Block 1, A. L. Trent Revised Plat of City Park Addition Woolsey and Park Avenues. she can use it as a driveway. No Next was a request from Truman E. Yancey, REQUEST TO attorney for residents of Sweetbriar Subdivision, REDUCE RIGHT-OF-WAY WIDTH for a recommendation from the Planning Commission to Of Frftj\fyF. STREET on MSP the Board of Directors that Elaine Street be reclassified on the Major Street Plan. Elaine Street is presently classified a collector street with 60 feet right-of-way. No public hearing was advertised. Planning Commission Meeting September 11, 1978 -5- In response to Rita Davis' question, Ernest Jacks and Planning Consultant Larry Wood agreed that a public hearing should be advertised before the Planning Commission makes a recommendation to the City Board. Mr. Yancey questioned if there would be any purpose in discussing this if no action can be taken. Peg Anderson made a motion to table this and advertise a public hearing on the desirability of recommending a change in the master street plan to reclassify Elaine Street from_a collector to a local street. The motion passed 7-0. Ernest Jacks asked Larry Wood to give the Planning Commission a written opinion on the requested change. Newton Hailey requested that the Planning Commission members be given a copy of the minutes of the Fayetteville/Springdale Transportation Committee meeting. Mr. Yancey suggested they also have minutes furnished of the technical review committee meeting. Chairman Davis said she was at.themeeting of the Fayetteville/Springdale Transpor- tation Committee and said she feels the memo submitted is Oisleading.of the action taken. She said she feels the vote simply was to refer this back to the Planning Commission and take no action, rather than to take negative action, as indicated in the memo. Ernest Jacks questioned if they are proposing any other collector tie from Old Missouri and Highway 265 and Mr. Yancey said "no". He explained that all the area north of the Sweetbriar Subdivision is taken out of development by the golf course. Mr. Yancey said right of way sufficient to widen this to a collector street is re- served, but it is only bUilt now as a local:street. Mike Corso, 2437 Sharon encouraged the members of the Commission to go out and inspect the area near Elaine Street. Several area residents were present but the Commission decided to call a public hearing for the first meeting in October, so discussion was held until that meeting. Next was a large scale development plan for expansion of the Boys Club and Youth Center located at 915 California Boulevard, property zoned P-1, Institutional District,. The Zoning Ordinance requires a 100 foot separation for this building from any R zoned property, if the building is fully air-conditioned. The proposed addition would be 25 feet from R -zoned property. Mr. Jacks said all adjoining property owners had been notified. l: Mr. Jacks made a motion to waive the setback requirement. He noted that the handball court would be closest to the house and it will not create very much noise. He said the gymnasium will only have openings for vents on the north side of the wall and a fire exit door. Bill Kisor seconded Jacks' motion which passed 7-0. YOUTH CENTER & BOYS CLUB EXPANSION 915 California Blvd. The last item for consideration was a request submitted by Greener & Sumner, Architects and designers of the Hilton Hotel to be located on the southeast corner of Meadow Street and East Avenue for a waiver of safety zones between for approval of off-site parking. Allen Sumner, principal partner of Greener & Sumner was present to represent He explained that they had received a waiver on the number of parking spaces from the Board of Adjustment to allow a total of 302 spaces for the hotel and the Continuing Education Center, and the Zoning Ordinance requires 309. HILTON HOTEL Waiver of safety zones Approval of Parking driveways on Meadow, and also • • • • Planning Commission Meeting September 11, 1978 -6- He said they are now asking for approval of the parking to be off-siter.tod be located in the parking garage which is proposed. He said they are also asking for a waiver in the safety zone between curb cuts on Meadow Street. Mr. Sumner explained that they would like to have valet parking.»from.the hotel to the parking garage. „ Bill Kisor asked if the driveway will be one-way or two-way and Sumner said it is proposed to be one-way. Peg Anderson moved approval of the waiver of safety zones on Meadow Street, and approval of the off-site parking. Ernest Jacks seconded the motion, which passed unanimously. The meeting adjourned at 6:50 P.M. • RESOLUTION PC 43-78 — WHEREAS, a public hearing was held by the City Planning Commission Monday, September 11, 1978, fifteen (15) days after a sign was erected on 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 the petition of Mr. Gordon Houston, R78-22 for rezoning; NOW, THEREFORE, BF IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the petition requesting of rezoning of property, described as follows, from R-1, Low Density Residential District, to R-2, Medium Density Residential District, be denied. LEGAL DESCRIPTION: Lot 16, east of Porter Road and South of Deane Street more particularly described as follows; Lot 16, Replat of Lots 11 through 16, University Acres Subdivision, Fayetteville, Arkansas. • SECTION 2. That the rezoning of the above described real estate would not presently be described. • PASSED AND APPROVED THIS APPROVED: day of , 1978. Rita Davis, Chairman • • • RESOLUTION PC 44-78 WHEREAS, the petition of Helen Greer for vacating an alley was presented to the City Planning Commission for recommendation; and WHEREAS, at a meeting on Monday, September 11, 1978, the City Planning Commission voted to make a recommendation to the City Board of Directors on said petition to vacate an alley; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That after the public hearing an ordinance be adopted for the purpose of vacating the public alley, described as follows: Beginning at the Northwest corner of Lot 16, Block 1; South 595 feet to the Southwest corner of Lot 9, Block 1; West 15 feet to the Southeast corner of Lot 8, Block 1; North 595 feet to the Northeast corner of Lot 1, Block 1; East 15 feet to the point of beginning. PASSED AND APPROVED this day of , 1978. APPROVED: Morton Gitelman, Chairman