Loading...
HomeMy WebLinkAbout1979-07-23 MinutesA meeting 5:10 P.M. Arkansas. PRESENT: of the in the MINUTES OF A PLANNING COMMISSION MEETING Planning Commission was held on Monday, July Directors Room, City Administration Building 23, 1979, at , Fayetteville, Chairman Ernest Jacks, Elizabeth Crocker, Keith Newhouse, Bill Kisor, Windell Cullers, Rita Davis. ABSENT: Peg Anderson, Morton Gitelman, and Newton Hailey. OTHERS PRESENT: Bobbie Jones, Angie Mddlook,and members of the audience representatives of the news media. There being no additions or corrections necessary, the minutes of the July 9, 1979 meeting were approved as mailed. and MINUTES Planning Consultant Larry Wood summarized his R 79-22 recommendation on a rezoning petition submitted by Joe Kelly Joe Kelly to rezone property located south of Hwy. Hwy 16 Bypass 16 Bypass and west of Morningside Drive from R-2, Medium Density Residential to I-2, General Industrial District. Wood said he had recommended that the Planning Commission not change the zoning to I-2, because 1) it is contrary to the general plan recommendations which specify I-1 zoning; 2) the heavy industrial uses should be oriented to the center of the property and retain lighter industrial where they face on the north side of Hwy. 16; and 3) the I-1 district which is recommended in the general plan, permits petroleum storage with under -ground storage facilities so I-1 would handle the request if the company would choose to go underground with the storage tanks. Charles Wooley and Joe Kelly were present to represent the petition. Mr. Kelly said the proposed buyer is Amtane and they presently have above -ground storage facilities. Commissioner Newhouse asked if Kelly felt there would be any objections expressed by Amtaneto putting the tanks underground and Bill Kisor pointed out that Amtane is propane and they do not usually put propane under- ground. Mr. Wooley said he would like to discuss with the proposed purchaser the possibility of putting tanks underground. Keith Newhouse moved to approve I-1 zoning with the idea, hopefully, that Amtane can put the tanks underground. Davis seconded the motion. Following discussion, Bobbie Jones said she would not require a one-year waiting period if the petitioner wanted to come back and request I-2 zoning. The motion to approve the rezoning to I-1 passed 6-0, with Commissioners Gitelman, Anderson, and Hailey absent. Planning Consultant Larry Wood then summarized his recommendation on Rezoning Petition R:79-23, submitted by Gold Kist, Inc. to rezone property located East of GOLD KIST, INC. R 79-23 BEECHWOOD AVE. Beechwood Avenue, north of Highway 16 Bypass, and west of Razorback Road extended from I-1 to I-2, General.. Industrial District. Planning Commission Meeting July 23, 1979 Page 2 Larry Wood said he had not really made a recommendation but pointed out two alternatives for consideration by the commission. He said the commission had, in 1974, amended the general plan to reflect less industrial, with the idea that there is too much industrial in the Razorback Road area, and hoping the heavier industrial uses would be oriented toward the Industrial Park. He noted, however, that two recent rezonings in the area were rezoned to I-2, one with the idea that it be 1-2 on the interior of the lot and retain I-1 on the street for a buffer zone, and one because it was an existing industry. Wood said I-2 could be appropriate zoning if the Commission feels the south side of Highway 16 will be used for industrial, and they may want to consider amending the general plan to show that area as industrial rather than residential. Bob Cochran, representing Gold Kist, said the immediate plans call for a hatchery on a portion of the property and ultimately --5 years or so-- put a processing consumer -packaging operation on the property, which would require the I-2 zoning. He said the hatchery is not listed in the code, however, agricultural uses are allowed in the I-1 district and he feels a hatchery would be allowed as an agricultural use. Cochran said this would also be close to the steam -generating facility if it is located on Razorback Road, and they would hope to work with the City to purchase steam for use at the facility. He explained that the consumer -packaging facility would be similar to Campbell Soup. Bill Kisor asked if Gold Kist would be willing to leave a 300-400 foot strip along the highway as 1-1 to serve as a buffer and Mr. Cochran indicated he would prefer to have the entire property rezoned I-2. Mr. Stan Kruegar, plant manager at Baldwin Piano, was present in opposition to the request. He said it seems they are being piece-mealed out of the I-1 District to the I-2 District, noting that the land immediately to the north was recently changed from I-1 to I-2. Kruegar said Baldwin Piano is very sensitive to the environment as they build electronic pianos, and they are quite concerned about having I-2 on the other side of the street. He stated that Baldwin has been in the present location since 1958. Rita Davis asked if the dust from the wood products company bothers Baldwin and Kruegar said it does not. Kruegar said he would, however, like to express serious objections to the I-2 and pointed out that there would be an odor problem. He pointed out also, that if they open this area up as I-2, it would open up the land tooany use allowed in the I-2 district and this would be detrimental to the existing plants. Cochran contended that the Gold Kist plant wouldn't be any more offensive than Campbell Soup. In response to Mr. Kruegar, Cochran said Gold Kist does not have any immediate plans for a feed mill at this location. Cochransaid they plan to continue operating the present feed mill. Windell Cullers agreed that Mr. Kruegar has legitimate concerns about building a feed mill in that location. Roy Clinton said the Industrial Development Commission has no objections to the rezoning request. He suggested if the feed mill were to be built, the City could then require the developers to submit a large scale development plan, which could be turned down by the City. Mr. Jacks pointed out that the City Attorney has instructed the Subdivision Committee that the only reasons for which they can turn down a large scale development are the five reasons specified in the City Code Book. Bill Kisor stated that he is in favor of the rezoning, but would like to have a buffer zone on the north side of Highway 16 along the length of the property. Mr. Cochran asked the Commission to table action on the rezoning to give him an opportunity to discuss with Gold Kist if they would be willing to submit a Bill of Assurance that a feed mill would never be built on the property. Mr. Cullers moved to table action on the petition. Kisor seconded the motion which passed 5-1, with Davis in the minority. Planning Commission Meeting July 23, 1979 Page 3 • Rita Davis said she would not be in favor of the rezoning unless something could be worked out with Baldwin Piano, as she feels their objections are valid. She said if Baldwin feels their workers will not be inconvenienced, she would go along with the request. Chairman Jacks opened the public hearing R 79-24 on Rezoning Petition R 79-24, Vernon Wilson Vernon Wilson on a request to rezone property located Hwy 112/ Wedington northof Highway 16 West, West of Highway 112 and south of James Street from R-2, Medium Density Residential to C-1, Neighbor- hood Commercial District. Planning Consultant Larry Wood summarized his recommendation to the Commission stating that he recommended the commission consider changing the zoning to C-1 because 1) the 80 -foot expansion to the west is not a major alteration of a commercial district and 2) in 1978 when they considered rezoning on the property east of this, the Commission looked at three alternate zoning patterns, all of which showed expansion to the west squaring up the C-1; and 3) even though the general land use plan calls for Medium Density Residential, commercial location criteria matches this location exactly. Dr. Abney, representing Trinity Methodist Church, said they have just built a new parsonage across the street from the proposed rezoning and they feel C-1 will hurt the value of the property. Abney was concerned Wilson was planning to sell the property to Dillon's Supermarket and Dillon's was planning to use the 00 foot strip as a drive to a loading dock at the new store. He was concerned that there would be large trucks coming in and out and the contour of the highway is such so that there would be a traffic hazard created. Vernon Wilson contended that he would be definitely interested in a super- market of some kind going in but he has no definite plans to sell the property to anyone. He also stated that he did not feel an entrance or exit would be made from Wedington even if a grocery store did purchase the property. Mr. Wilson said he merely wants to square up the C-1 and is asking for the 80 foot expansion in an effort to do this. Edna Hathcock said to have the property rezoned not knowing what would be built there could be very harmful. Mr. Jacks pointed out that the Commission is looked upon to look at the best zoning of the property. Mr. Abney said if Mr. Wilson would say that Dillons is not going to build in that location, or are not going to use the 80 feet as a drive, the adjoining property owners wouldn't have so many objections. Wilson contended that he has no deal worked out with Dillons to purchase the property. Al Hughes pointed out that the C-1 requested goes behind Mcllroy Branch :Bank and up to Wedington, which opens up Wedington as neighborhood commercial. fie said it was originally intended that commercial would be on Garland, but not :on Wedington. Commissioner Cullers agreed that to add anyone coming out onto the highway in that location is very dangerous and he feels the people have a valid objection in light of the traffic hazard. Mr. Hughes said he has heard that Dillons do plan to put a driveway on the 80 -foot strip. He noted that they would have access onto the back of James Street which they could use. Mr. Jacks pointed out that the property owner could build a driveway out to Wedington without a frezoning. Larry Wood noted that if the petitioner submits • a large scale development plan, the City could reject the plan if there is going to be a traffic hazard created by the driveway. Bobbie Jones noted if they rezoned to C-1 in line with the north line of Mcllroy Branch Bank, this would only leave a R-2 parcel large enough for a residential house. Planning Commission Meeting July 23, 1979 Page 4 Mr. Cullers moved to deny the petition.Said motion died for lack of a second. Bill Kisor then moved to approve the request. Keith Newhouse seconded the motion which failed to pass 3-3, with Commissioners Newhouse, Jacks, and Kisor voting "Aye" and Crocker, Davis, and Cullers voting "Nay". The chairman declared the motion failed to pass for lack of five affirmative votes. Bobbie Jones said the petitioner could appeal to the decision to the Board of Directors. She said she felt the Planning Commission could also consider granting a rehearing if Mr. Wilson could reach an agreement with the objectioners as she felt this would be a change of circumstances. A conditional use request had been submitted by Steve Cummings for a riding stable in con- gunction with a residence located at 209 S. Crossover Road, property zoned R-1, Low Density Residential District. Planning Administrator Bobbie Jones quoted sections of the City Code which would apply to the request. In response to the chairman, she said the petitioner met all requirements of the code, except the requirement that the stable be located 250 feet from any other residentially zoned property. The petitioner had shown the stable located 15 feet from the property line in an area adjoining R-1 property. Steve Cummings explained the reason for the small setback in that location is that they are wanting to build the stable close to a row of trees located along the fence line in order to provide shade for the horses. Davis noted that when the provisions for riding stables were established, many people expressed objections and it took all of one summer to come up with regulations. Mr. Cummings explained that the stable which they propose is primarily for young riders who have horses trained for jumping. Mrs. Cummings said they especially want to provide shelter for their two daughters' horses. She pointed out that the property has always been used as agricultural and they have visited all surrounding property owners, none of which voiced any objections to a stable with six stalls, to be located on the back of their property. Bobbie Jones said the school was also notified of the request. Bill Kisor then moved to approve the conditional use. Rita Davis seconded the motion, which passed 6-0. In response to the chairman, Bobbie Jones said she did not know if the setback question could be decided by the Planning Commission. Cullers and Kisor indicated they had no objections to the setback variance. Crocker was concerned about the variance, as was Mr. Jacks, and said she would vote against the request. Davos pointed out the amount of the variance requested is from 250 feet to 15 feet. Mr. Cullers said no one is objecting to the variance. Mr. Newhouse commented that there probably wouldn't be any objection until the property adjoining is developed. Bill Kisor then moved to waive the setback requirement from 250 feet to 20 feet (to meet residential setback requirements) if the Commission has authority to do so. Cullers seconded the motion. The recorded vote was: Ayes - Cullers, Newhouse, and Kisor, and Nays - Crocker, Jacks, and Davis. The chairman declared said motion failed to pass for lack of five affirmative votes. Chairman Jacks asked Bobbie Jones to pursue with the city attorney what committee should handle this type of variance request. CU PERMIT RIDING STABLES Steve Cummings 209 S. Crossover Rd. Chairman Jacks said the next item was a letter BEAUTY & BARBER SHOPS from Mrs. Colli Kincaid requesting the Planning IN R-0 DISTRICTS Commission to call a public hearing to consider placing Beauty and Barber Shops in the R-0, Residential Office District (Use Unit 12). No one was present representing the request. Planning Commission Meeting July 23, 1979 Page 5 • Bobbie Jones explained that a building previously occupied by Fidelis Realty is the location for which a beauty shop is requested. The commission expressed concern about the traffic hazard at that and were also concerned about adequate parking being provided. Bill Kisor moved to deny the request. Keith Newhouse seconded the which passed unanimously. • • location motion, A public hearing was held to consider PARKING SPACES a proposed ordinance to amend the size of parking spaces and certain other parking provisions as contained in the zoning ordinance. Mr. Jacks said the commissioners had the draft of the ordinance to study and asked if they would want to retain the requirement that maneuvering in an alley be prohibited. The concensus of the commission was that they would want to leave the proposed ordinance as is. Bill Kisor questioned how the provision for parking spaces for compact cars has worked out in other areas and Mr. Jacks said it has worked out well in some areas. Bobbie Jones noted that the Board of Adjustment has the authority to allow maneuvering in an alley. Following slight discussion, Keith Newhouse moved to approve the ordinance amendment as drafted. Windell Cullers seconded the motion. Bobbie Jones asked that the last paragraph, 3rd line from the bottom be amended to add street ",". Noting this correction, the motion passed unanimously. Next was a public hearing on a proposed ordinance MINIMUM STREET FRONTAGE to amend the zoning ordinance to specify a minimum street frontage requirement and to provide for the Planning Commission to waive this requirement under certain conditions. This amendment would apply to those zoning districts which do not presently have specified lot widths (C-1, C-2, C-3, C-4, R-0, P-1, I-1, and I-2). Bobbie Jones explained that the code as written specifies lot widths for the A-1, R-1, R-2, R-3, and R-0 (for residential) districts, but does not specify that other lots have a.cer..tain.amount of -.frontage., only that they have frontage on and access to an improved public street. She said the definition of a lot also specifies it have access to and frontage on a public street. She said the definition of the lot states that frontage is measured at the foremost points of the lot where it intersects the street line unless it is on a plain and simple cul-de-sac on which they must have 80% frontage at the street line and 100% frontage at the setback line. Jones said she has had •prob1ernstwiith frontage. She said the city attorney had proposed the ordinance because the City Board had waived frontage requirements for the New School and she had questioned if they had the authority to do so. She said the proposed ordinance would also have a provision whereby the Planning Commission could waive frontage. Jones explained that the ordinance proposes 30 feet in commercial zones, which is the size of driveway usually required for commercial lots. Chairman Jacks asked Larry Wood if this ordinance would affect the new Planned Unit Development ordinance and Larry Wood said he did not feel it would, as this ordinance applies only to commercial and industrial, and public. Bobbie Jones said she is not sure the city attorney agrees with her that the 30 feet would not also apply to the literal frontage for a lot in the R-2 and R-3 districts. She said she feels the Planning Commission would have the authority • • Planning Commission Meeting July 23, 1979 Page 6 to waive frontage in R-2 and R-3 to allow for a 30 -foot drive out to a public street. She said the city attorney does not agree with her on this interpretation. Jones said the city attorney also does not approve of the ordinance definitions setting up regulations. She said he feels the definitions should merely define. Rita Davis questioned if this ordinance is really necessary and Bobbie Jones said the problem has come up several times. Bobbie Jones said she is concerned with the definition saying that 80% of the width must be at the street right of way line and she had asked the city attorney about this requirement and they had not worked anything out. The commission, noting that they are unclear about what is being asked for, decided to take no action on the request. Windell Cullers, seconded by Davis moved to table. Said motion passed unanimously. Chairman Jacks instructed Ms. Jones to work with the city attorney on this and get tack with the Planning Commission at the next meeting. The parks and recreation committee had PARKS & RECREATION recommended the "Land Needs Inventory and RECOMMENDATION Assessment" be reviewed by the city committees. Chairman Jacks stated that this affect$the Subdivision in that they were previously looking at requiring green space or payment in lieu of green space in conjunction with subdivision development. He said they felt, however, they would need to define park districts before imposing any regulations on subdivision developers. Elizabeth Reagan said the Parks Board is urging this assessment be incorporated with the City's material concerning a "green space ordinance". She said the report has received approval from the Parks Board. Planning Consultant Larry Wood stated that the next step for the Commission to take would be t o schedule a public hearing to incorporate this as a part of the community facility plan. Mr. Jacks was concerned that the population in each district should be fairly equal and Larry Wood explained that the population varies, however, the size of park recommended varies with the population. Windell Cullers moved to advertise a public hearing to add this to the community facilities plan. Keith Newhouse seconded the motion. Following discussion, the motion to call a public hearing passed 6-0. Chairman Jacks asked Bobbie Jones to put on the agenda for August 13 the appointment of a committee to develop a green space ordinance. Bobbie Jones passed out copies of the revised draft of an ordinance Committee Report that would regulate off-site improvements in subdivisions and large OFF-SITE IMPROVEMENTS scale developments and how these improvements would be assured. Chairman Jacks requested that this be put on the next agenda as a discussion item. Keith Newhouse, Chairman of the Committee working on the off-site improvement regulations, reported that a meeting had been attended on July 17 by the City Manager, City Attorney, County Judge, Planning Administrator, members of his Committee and others. They had discussed the problem with lot splits and it was now hopeful that a manner of regulating them could be worked out that would protect the buyer of land without a lot of additional employees for either the City or the County. He related that the Circuit Clerk would have to hire at least 2 more employees to check each deed beforing it was recorded to determine if the property had been split. They hope to require an • • Planing Commission Meeting July 23, 1979 Page 7 attached, notarized statement with each deed to certify that the property has not been split. In the absence of Newton Hailey, Chairman of the Committee PLANNING AREA LAND USE studying land use control within the Planning Area, Windell Cullers Committee Report reported that the Committee has not met recently. Larry Wood reported that there will be a tour from 3:00 P.M. until 5:00 P.M., Monday, August 6 of parts of the Planning Area. He said he is working up the route of the tour and that a bus has already been provided. Larry Wood reported that City Attorney Jim McCord has PROPOSED PUD REGULATIONS been given the material to draft a proposed ordinance to revise Committee Report the City's regulations governing the development of Planned Unit Developments. Mr. McCord is still working on the proposed ordinance. Larry Wood reported that he had that day put in the SUBDIVISION APPROVAL PROCESS City Attorney's mail basket the notes for the final draft of Committee Report the proposed changes to the Subdivision Approval Process and other amendments to the Subdivision Regulations. Under "Other business" Hugh Kincaid requested KINCAID, HORNE $ TRUMBO the Commission to be allowed credit for three off-site Walker -Stone House parking spaces in the City's (Off -Street Parking District Off -Site Parking #1) parking lot on the Southwest corner of Church and Center Street. Mr. Kincaid explained that in his remodeling of the Walker -Stone House he did not wish to have to remove a tree and wanted to keep the parking no farther to the North than the front of the building. He pointed out that the house has historic significance and he wanted to retain its asthetic value as much as possible. Mr. Newhouse commented that he still might not be able to preserve the tree. Chairman Jacks asked if the driveway would continue to come off Center Street and was told it would. Keith Newhouse moved to grant the request that 3 spaces in the public parking lot on the corner of Church and Center be allowed toward the parking requirements for the Walker -Stone House. Bill Kisor seconded the motion which passed unanimously, 6-0. Vernon Wilson returned to the meeting and stated that he had conferred VERNON WILSON with the persons who had opposed his rezoning and that he thought Petition R79-24 they would not oppose him if he would "go along" with no driveway access onto Highway 16. Chairman Jacks suggested he might request the Commission to rehear the matter at a future meeting. It was discussed that the Commission could on this date agree to permit a rehearing with the rehearing to be held on August 13; or Mr. Wilson could appeal to the Board of Directors and that appeal could be heard on August 7. Mr. Wilson stated that time was a problem for him. No motion was made to permit a rehearing. The meeting was adjourned at 7:25 P.M.