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HomeMy WebLinkAbout1979-04-09 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held Monday, April 9, 1979, at 5:00 o'clock P.M. in the Board of Directors Room, City Administration Build- ing, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Ernest Jacks, Morton Gitelman, Beth Crocker, Rita Davis, Keith Newhouse, Peg Anderson, Bill Kisor, Windell Cullers and Newton Hailey. None. Bobbie Jones, Larry Wood, Gail Biswell, Scott VanLaningham, Rick Briggs, David McWethy, Bob Crafton, Tilden P. Wright, III, Ron Sherwood, Frances Wade Gibson, Jess Wright, Steve Anderson, Mrs. Elza Fincher, Margaret Poore, Randall Webb, and other unidentified members of the audience. Chairman Jacks called the meeting to order. There being no revisions to be made to the minutes of the previous meeting of March 26, 1979, said minutes were approved as mailed. The next item for discussion was the request by Charm Homes, Inc. for approval to construct a 31 ft. back -of -curb to back -of -curb street within an exist- ing 40 ft. right-of-way in lieu of the normal 50 ft. right-of-way for such a street. Said street right-of- way lies between the NE corner of Heritage East sub- division and Highway 16 By -Pass. Bob Crafton, engineer, was present to represent. Keith Newhouse, Chairman of the Subdivision Committee, moved to approve the request, stating that the Subdivision Committee had voted to recommend approval of the request since it was felt that the right-of-way existing. (40 ft.) would be sufficient within which to build the regular width street and to place the necessary utility lines planned for placement along this street (water and gas only). Mr. Newhouse also acknowledged the fact that the City Attorney has reme- died the problem concerning the 10 ft. right-of-way strip North of the subdivi- sion owned by Mr. McBroom by exchanging the 10 ft. strip owned by the City which lies within Mr. McBroom's property for same. After a short discussion, Windell Cullers seconded Mr. Newhouse's motion to approve the reduced right-of-way request. Said motion passed unanimously (9-0) MINUTES HERITAGE EAST Right -of -Way Request N. of Industrial Park Chairman Jacks stated that the next item for consideration was a rehearing request by Duane Nel- son for Rezoning Petition R79-9. Said petition requests rezoning of property located West, South and Southwest of Nelson's Funeral Home and Ramada Inn, from A-1, Agricultural District, and C-2, Thoroughfare Commercial District, to all C-2, Thor- oughfare Commercial District. Mr. Tilden P. Wright, III, attorney for Mr. Nelson, was present to represent. REHEARING REQUEST Rezoning Pet. R79-9 Duane Nelson Planning Commission Meeting April 9, 1979 Page 2 Chairman Jacks acknowledged Mr. Wright's letter requesting a rehearing which stated his reasons for requesting the rehearing. A copy of said letter is attached to the minutes and made a part of the record hereof. In summary, Mr. Wright's main reasons for the request were: (a) At the first hearing the specific location of the Master Street Plan access roads had not been known; (b) There was a great deal of dispute and confusion as to the exact quanti- ty and location of property to be rezoned; (c) The legal description submitted at the first hearing for the property petitioned for rezoning was erroneous; and (d) The westernmost boundary of the property to be rezoned had not been accurately located (a major factor in the recommendation made by Planning Con- sultant Larry Wood). Mrs. Jones noted that a factual error, ommission or oversight made at the first hearing must be grounds for the allowance of a rehearing. Peg Anderson noted that the Commission had offered to table the matter at the first hearing because of the dispute and confusion stated above, but that petitioner had refused She stated that she felt the Commission did not owe the petitioner a rehearing for that reason, but that "something as important as this should not be turned down on a technicality." Bill Kisor moved to rehear the request. Beth Crocker seconded the motion. The recorded vote was - Ayes: Crocker, Davis, Anderson, Kisor, Cullers, Hailey and Jacks. Nays: Gitelman and Newhouse. Abstentions: None. The Chairman announced that the motion to rehear had passed 7-2-0. Bobbie Jones stated that the rehearing would be held on April 23, 1979. The next item was the public hearing on Rezoning Petition R79-14, J. Turner Brown, to rezone property located at 810 Frisco Avenue from I-1, Heavy Commercial F, Light Industrial District, to R-3, High Density Residential Dis- trict. No one was present to represent. Larry Wood, Planning Consultant, recommended approval of an R-2, Medium Density Residential District, zoning as opposed to the requested R-3, High Density Residential District, for the following reasons: 1. The R-2 District would be consistent with the General Plan recommenda- tion of medium density residential; 2. The predominant surrounding land use is residential; and 3. The existing I-1 District, in his opinion, constitutes spot zoning. Bobbie Jones stated that she had received a call from Mr. Brown, the peti- tioner, who stated that he was in Louisiana and would not be able to attend the meeting. She also said that Mr. Brown had said he would accept Mr. Wood's R-2 recommendation. After a short discussion, Beth Crocker questioned whether the property would have to come through as a large scale development. Mr. Jacks replied that it would have to be approved as a large scale development since the property is larger than one acre Mrs. Crocker noted that the street would need considerable improvements in that event. CONSIDERATION OF REZONING PET. R79-14 J. Turner Brown 810 Frisco Avenue • Planning Commission Meeting April 9, 1979 Page 3 Peg Anderson moved to approve rezoning from I-1 to R-2 instead of the re- quested R-3. Newton Hailey seconded the motion, which passed unanimously (9-0). Mr. Hailey added that he would want to be sure that the Commission looked at the utilities in the area, as well as road improvements, at the time any LSD is brought in for the property. He noted that a water line of only 1" serves the area. Larry Wood noted that a portion of I-1 zoning still exists in the area (Lots 7, 8 and 9 of Block 2 of Mitchell's Addition). He stated that these lots are presently up for sale and that he would recommend that the Commission seriously consider rezoning same. After a short discussion, Chairman Jacks stated that it was the concensus of the Commission that a public hearing should be called to consider rezoning the lots and he instructed Mrs. Jones to advertise for such a public hearing. Mrs. Jones stated that the hearing would be held on May 14, 1979. The next item for consideration was a rehear- ing of a request by Ron Sherwood for off-site parking for his office building at 107.E. Spring. The office building is zoned C-3, Central Commercial District; the proposed parking is zoned C-2, Thoroughfare Commer- cial District. Mr. Sherwood was present to represent. Mr. Sherwood restated his reasons for asking fora rehearing, Le.: (1) At the first hearing the location of the proposed parking lot was incorrectly plotted on the zoning maps in the agenda; (2) The zoning of the property was in question at the time of the meeting; (3) There were questions concerning how the property could be used since the zoning"of the property was uncertain; and (4) Additional information pertaining to possible fencing, design of the proposed construction, and landscaping were now available. Mr. Sherwood stated that the proposed off-site parking lot is zoned C-2 and that parking lots are a permitted use in that zone. He stated that the only de- cision the Commission had to make would be whether or not to allow an off-site parking lot to fulfill the parking requirements which would occur as a result of the remodelling and enlarging of his present office building. Mr. Sherwood stated that he could meet the required parking by locating a parking lot underneath the proposed addition to his building, but that he felt this would be undesirable since he would have to remove two large maple trees and lose about 20 feet of land across the entire width of his lot which he had intended to landscape. Present in opposition were Frances Wade Gibson (216 E. Spring),:Jess Wright, and Steve Anderson. They each objected to changing the use of the lot by remov- ing the residential houses now standing. They also objected to the very existence of a parking lot in the neighborhood, irregardless of the zoning. Mrs. Elza Fincher (147 $ 201 Spring) and Margaret Poore (127 E. Spring) each testified that they have lived in the neighborhood for many years and both personally knew that the house proposed to be razed had been used as a medical doctor's office for many years and was cut up into many small examining rooms, etc. which made it impractical as a family dwelling house without extensive remodelling. They both felt Mr. Sherwood's proposal would add to the neighbor- hood rather than detract from it. REHEARING RON SHERWOOD Off -Site Parking 107 E. Spring St. • • Planning Commission Meeting April 9, 1979 Page 4 Peg Anderson stated that she was in favor of approving the off-site parking since Mr. Sherwood would not be forced to cut down the two large maple trees behind his office building, as well as the fact that she felt a well cared for parking lot would be much more desirable for the area than a commercial business which could possibly be located on the lot. Bill Kisor moved to approve the off-site parking request. Windell Cullers seconded the motion, which passed unanimously (9-0). Item #6 on the agenda consisted of two separate requests by Randall Webb. Chairman Jacks stated that each item would be considered independently of the other. Mr. Webb was present to represent. Part A of Item #6 was a'petition to vacate and abandon a portion of Ruth Avenue lying South of Anson Street. Mr. Webb stated that he had discussed this matter with Clayton Powell, Street Superintendent, who had voiced objections to the closing of the street the first time it had been brought up. Mr. Powell had been concerned about a -major drainage structure located in the middle of the entrance to the street petitioned for closure. Mr. Webb stated that he re- vised his plans to allow for additional drainage pipes and additional setbacks on the lots and that Mr. Powell no longer objects to closing the street. Mr. Webb referred the Commission to a memo contained in the agenda in which Mr. Powell stated that he no longer objects to the proposal "providing 'the public' does not inherit maintenance responsibility for these driveways." Bobbie Jones noted that any approval of this Item by the Commission would be only a recommendation and would have to go on to the City Board for final approval. The Commission's decision on Part B, however, would not need City Board approval. Chairman Jacks called attention to Mrs. Jones' memorandum concerning this item which stated that all utility companies had been contacted and each had provided written consent to the abandonment of the street as long as the entire width is retained as a 50 ft. utility easement. She also noted that Mr. Brt, Sanitation Superintendent, has stated no objections to the street closing or the tandem lot requests as long as a masonry structure for garbage cans is con- structed at Anson Street in order that his trucks will not have to travel the street proposed for closure. Keith Newhouse moved to recommend approval of the vacation and abandonment of the requested street to the City Board contingent upon retention of the former right-of-way thereof as a 50 ft. utility easement. Bill Kisor seconded the motion, which passed unanimously (9-0). RANDALL WEBB Petition to Vacate and Abandon a Portion of Ruth Avenue Part B of Item #6 consisted of two tandem lot requests by Mr. Webb for Lots 20 $ 21, Tomlyn Valley Addition. After a short discussion concern- ing the grade of the proposed private drives and possible waiving of the safety zone requirements therefor, Keith Newhouse moved to approve the two tandem lot requests contingent upon a concrete RANDALL WEBB Two Tandem Lot Requests Planning Commission Meeting April 9, 1979 Page 5 garbage structure being constructed at Anson Street. Mr. Newhouse included in his motion that Mr. Webb be granted a waiver of the safety zone requirements for the driveways of the two lots. Rita Davis seconded the motion, which passed unanimously (9-0). Chairman Jacks led a short discussion GREEN SPACE MATERIAL concerning informational material included in the agenda from the American Business Law Journal entitled "Subdivision Exactions for Park $ Open Space Needs." Mr. Jacks stated that the City Parks Board has received material from the Northwest Arkansas Regional Planning Commission concerning green space and that as soon as the Parks Board has taken some action on that material the Subdivision Committee would receive the material and that Board's recommendations thereon. COMMITTEE REPORTS: Chairman Jacks noted that the PUD subcommittee - PLANNED UNIT has not officially met since the last Planning Com- DEVELOPMENTS mission meeting. However, he noted that he had met. with Larry Wood and that together they had reviewed the comments and deliberations which the Committee has been making on the proposed new regulations for PUDs. He stated that Mr. Wood is in the process of "boiling down these comments into a brief nature" in order that an outline of same may be submitted to the Commission for its further study. Mr. Jacks stated that he felt this outline should be ready for the Commission at its next meeting. Newton Hailey reported that the Committee PLANNING AREA studying Planning Area Land Use Control in conlunc= LAND USE CONTROL tion with the County Planning Board had met last week and had discovered that there are 30 to 34 subdivisions presently in either the preliminary or final plat stage within Fayetteville's growth area. He stated that most of these are very large acreages and that discus- sion was had concerning possible city and county par- ticipation for regulating such subdivisions. Mr. Hailey stated that the Committee had come up with several guidelines which they would be discussing with the Springdale Planning Area Land Use Control committee and with the County Planning Board. He stated that these guidelines, in part, are as follows: 1. Set procedures for a comprehensive land use study to be made by the Quorum Court for the entire area. He stated that the Northwest Arkansas Regional Planning Commission has recently been charged to re-evaluate Benton and Washing- ton Counties and that it is willing to begin its study with Washington County in July. 2. City Manager Don Grimes recommended a review of the fee bases charged by the City in order to ascertain the feasibility of the City's participation in reviewing and issuing building permits, as well as providing inspection services, for growth area subdivisions. • Planning Commission Meeting April 9, 1979 Page 6 Mr. Hailey stated that he would be contacting Bill Bonner of the County Planning Board and Jay Penix of the Springdale Committee in order to propose an agenda for a joint meeting with the Quorum Court in May in order to obtain the feelings of the Quorum Court on this matter. Keith Newhouse reported that the Off -Site OFF-SITE IMPROVEMENTS Improvement committee had met and had had a very successful meeting. He stated that Mr. Gitelman was putting together a rough draft of proposed policies for off-site improvement requirements on subdivisions and large scale developments and that City Attorney Jim McCordwouldalso produce such an outline. Mr. Newhouse stated that the Committee was leaning toward requiring a cash commitment from developers rather than asking for a contract which would have to be enforced over a period of years He stated that further and more complete details would be available soon. OTHER BUSINESS: Peg Anderson discussed the possibility of the Commission meeting at 4:00 rather than 5:00 o'clock P.M. Rita Davis and Beth Crocker both commented that the present 5:00 o'clock time is better for them. Bill Kisor moved to change the meeting time from 4:00 to 5:00. Peg Anderson seconded the motion. After further discussion, Beth Crocker stated that she would have to resign from the Subdivision Committee if the meeting times were made earlier. Mr. Kisor withdrew his motion. There being no further business to come before the meeting, said meeting adjourned at 6:05 o'clock P.M. • 1 • 1 • • PUTMAN, DAVIS. 13ASSETT. COX. & WRIGHT ATTIIHNP.VS AT LAW 1'. 0. DRAWER 141e1. IB EAST MOUNTAIN STREET FAYETTEVII.LE, ARKANSAS 72701 TELEI'IIO NE AREA (AMIE. 501 641 16161 PRICE DICKSON 096]1 W. D. PUTMAN MINOR W. MILLWEE 119031 KIDNEY P. DAVIS. JR. W. W. RA.CVETT. JR. WALTER II COX TILDEN P. WRIGHT 1H WOODSON W. BA SETT. 111 Mrs. Bobbie Jones Planning Administrator City of Fayetteville Post Office Drawer F Fayetteville, Arkansas 72701 Dear Bobbie: RECEIVED APR 21S79 .FFICE 01- CII r r.,,1e.ING XAY4fl vliJ ARKnnsA3 April 2, 1979 Re: Petition for Rehearing Thank you very much for your letter of March 27, 1979. P lease treat this letter and attachments thereto as the Petition for Rehearing on Rezoning Petition R79-9 in the name of Duane B. Nelson. Mr. Nelson would cite the following reasons as justification for the granting o f this Petition for Rehearing, to -wit: (a) The original petition, as submitted, viewed the existing J. C. Penney access road as the major n orth south road to ultimately tie in to an access road to be located parallel to and on the northern side of H ighway 71 Bypass. Subsequently, the amendment to the Master Street Plan approved by the Planning Commission moved that major north south road to the west to an unknown location. By the attachments to this Petition for Rehearing, the specific location of the road according to the Master Street Plan, as amended, has been pinpointed as the same crosses the Duane B. Nelson property subject to this rezoning. (b) There was a great deal of dispute and confusion as to the exact quantity of property to be rezoned, witness the Planning Commission Meeting Minutes under date of March 26, 1979, wherein Morton Gitelman stated that "rezoning this eighty acres commercially"... N eedless to say, eighty acres is not involved in this WYI.IE 11. DAVIS nr Ibu?RRL • • Mrs. Bobbie Jones April 2, 1979 Page Two RECEIV•s A?p 21S7,5) .trace ur Q4 rLiANMc rezoning request, and the attached exhibits clearly point out the exact quantity of land for which the rezoning is sought. (c) There was a great deal of dispute and con- fusion as to the location of the property to be rezoned in relationship to the surrounding property. This is particularly exhibited by the comments of Peg Anderson as set forth in the Planning Commission Meeting Minutes of March 26, 1979. The attachment to this Petition for Rehearing specifically pinpoints the location of the pro- perty sought to be rezoned in relationship to the General Growth property lying to the north and the Steele Investment Company property lying to the south. (d) The original legal description placed before the Planning Commission included property previously rezoned C-2, i.e., that upon which the Ramada Inn and Funeral Home • are constructed. The attachment hereto shows that property specifically and indicates the balance of the property sought to be rezoned. (e) Larry Wood, Planning Consultant, indicated that the alternatives as recommended by him would be to ✓ ezone commercially a reasonable depth back to the west o f the new proposed road or at least back as far as the R-0 property north of this tract. The exhibits to this Petition for Rehearing specifically identify the western most boundary .of the property to be rezoned, both in relationship to the distance lying to the west of the pro- posed major roadway and the western most boundaries of the zoned General Growth properties. All in all, it appears from the minutes of both the March 26, 1979 Planning Commission meeting, and, the minutes of the February 12, 1979 Planning Commission meeting that a great•deal of confusion has existed in ✓ elationship to the property sought to be rezoned in this instance. That confusion has stemmed primarily from the inability of the petitioner to specifically pinpoint the proposed roadways for the City of Fayetteville. However, in view of the amendment to the Master Street Plan, first presented and pinpointed at the March 26, 1979 Planning Commission meeting, the petitioner is now in a position to specifically locate that particular roadway across his • • 6. Mrs. Bobbie Jones April 2, 1979 Page Three RECEIVED. An 21279 UtlICb OF Lin PLAD:NINU FAYETfEVILLE. ARKANMS property, and present his petition to the Planning Commission in a much more detailed manner. Accordingly, it is respect- fully submitted that this Petition for Rehearing should be granted as the same meets the requirements pursuant to Article III, Section 1 of the Planning Commission By -Laws. We thank you for your consideration. I have enclosed 15 copies along with exhibits for dissemination to all Planning Commission members and board members. Sincerely, DAVIS, BASSETT, COX F, WRIGHT Tilden P. Wright III Attorney for Duane N TPW:kjb Enclosures cc: Mr. Ervan Wimberly 1765 North College Fayetteville, Arkansas 72701 Mr. Duane B. Nelson Nelson's Funeral Home, Inc. 3939 North College Fayetteville, Arkansas 72701