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HomeMy WebLinkAbout1979-08-13 Minutes• • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held on Monday, August 13, 1979, at 5:10 o'clock P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Rita Davis, Elizabeth Crocker, Bill Kisor, Morton Gitleman, Windell Cullers, Peg Anderson, Keith Newhouse, and Newton Hailey. • MEMBERS ABSENT: NONE OTHERS PRESENT: Larry Wood, Bobbie Jones, Michelle Hale, Mrs. Joe Kelly, Marty Goff, Harlan R. Black, Reverend Jarvis, and John and Nikki Keraus and others. Chairman Jacks called the meeting to order. The minutes of the July 23, 1979 Planning Commission Meeting were approved as mailed. Chairman Jacks opened the discussion on the approval of the Large Scale Development plan for The New School to be located North North of of Township Road near ANL Laboratories; property being given to school, currently owned by Dr. Nettleship. Present to represent was Bill Mandrell. Mrs. Jones said that the Planning Commission need only approve a waiver on screening along the West property line and to allow 10% have plantings instead of screening. Mr. Mandrell said that there were along inside the looped driveway and they would like to keep the trees. Mr. Kisor moved to approve the waiver of screening and to permit the 10% scaping instead. Mrs. Anderson seconded it, which passed by a vote of 8-0 (Com- missioner Davis not having arrived yet.) MINUTES THE NEW SCHOOL Screening Waiver Township Road near ANL Lab. the request of the area trees for to growing land - The next item for discussion was the approval of EAST OAKS the final plat of East Oaks Subdivision, Phase I, Final Plat, Phase I located on the West side of Crossover Rd. South of West side of Crossover Rd. the township line. Northwest Financial Services, Inc.; Owner and Developer. Mr. Newhouse stated that the only thing that was not ready was the rough draft of the covenants. Everything else was in order. Mr. Newhouse moved to approve the final plat of East Oaks, Phase I with the stipulation that: (1) the developer (2) the covenants Mr. Hailey seconded it, enter into a contract to insure completion of improvements; be submitted for review. which passed by a vote of 8-0. The next item for consideration was the approval of the final plats of Hyland Park, Phases 4 F, 5 located East of Crossover Rd.; Hyland Park, Inc., owner and developer. Phase 4 HYLAND PARK Phases 4 & 5 East of Crossover Rd. Mr. Newhouse stated that the Subdivision Committee had reviewed both of these plats together. Mr. Newhouse then moved that the Final Plat of Hyland Park, Phase 4 Planning Commission Meeting August 13, 1979 Page 2 be approved with the following conditions: (1) a separate written easement be furnished to dedicate this plat and not previously platted in other phases division; the Commission waive street light spacing as shown instance the spacing exceeds 300 ft.); a pedestrian pathway plan was recommended for approval walks by the Planning Commission on November 14, 1977; Directors approval must be confirmed, a note be placed on the plat that the pathways are by fences; at least an (2) (3) (4) (5) easements outside of Hyland Park Subt. on the plat (in one instead of side - but the Board of not to be obstructed easement be reservedfrom the end of Cliffside Drive to the East property line so that when the property to the East is developed that de- veloper can put in a street; and to keep that property to the East from becoming landlocked; (6) The developer enter into a contract to insure improvements. Mr. Kisor seconded it, and it passed 8-0. Phase 5 Mr. Newhouse moved that the Final Plat of Hyland Park, Phase 5 be approved with the following conditions: the waiver of the sidewalks in favor of pedistrian pathways be confirmed by the Board of Directors. (2) a note be placed on the plat that there will not be any obstruction (such as owners putting up fences) on the property in which the pathways are built. location of easements crossing through a lot must be shown on the plat; a contract for improvements is needed. a separate written easement be given to dedicate the easement outside the platted subdivision. Mr. Cullers asked why pathways would be better than sidewalks. Mr. Jacks told him that it would be a gravel pathway. Mr. Newhouse added that using the pathway instead of the sidewalks would preserve the natural terrain. Mrs. Anderson seconded it, which passed by a vote of 8-0. (1) (3) (4) (5) The next item for discussion was the approval of the preliminary plat of Kantz Place located North of Hwy. 45 East and West of Crossover Rd.; Ball Family Trust, Owner and Developer. Mr. Newhouse reported on the matters reviewed in the Subdivision Committee Meeting. Mr. Newhouse then moved that the Preliminary Plat of Kantz Place be approved subject to the following: (1) the developer be required to statethe maximum proposed usage on the plat; they have received Certified Mail Return Receipts from all but 2 adjoining property owners; the developer be required to file a Bill of Assurance that sidewalks will be built within 5 years on Hwy. 45 and Hwy. 265. a waiver be given on spacing of street lights to approve them as shown on the plat. sidewalks in R-0 zone be constructed as 4 ft. residential sidewalks not 5 ft. commercial width sidewalks. KANTZ PLACE Preliminary Plat N. of Hwy. 45 East $ W. of Crossover Rd. Planning Commission Meeting August 13, 1979 Page 3 Mrs. Crocker. requested that the approval of the tandem lots be considered before the approval of the preliminary plat. Mr. Newhouse thereupon withdrew his motion. Bill Kisor moved to approve Tracts 4 $ 5, as tandem lots on the Preliminary Plat of Kantz Place. Mrs. Anderson seconded the motion which was approved 8-0. Mr. Newhouse then repeated his motion for approval of the preliminary plat of Kantz Place with 5 conditions. Elizabeth Crocker seconded the motion which was ap- proved 8-0. Rita Davis arrived at 5:40 P.M. Mrs. Anderson wants to change on thing in the covenants; she doesn't want free- standing signs, she wants them on the building. Mrs. Jones told her that she thought the sign ordinance might not permit free-standing signs. The next item was the public hearing to be REZONING PETITION R79-23 held on Rezoning Petition R79-23, Gold Kist, Inc. Gold Kist, Inc. to rezone property E. of Beechwood Ave., N. of Hwy. 16 By-pass, and located East of Beechwood Ave., North W. of Razorback Rd. from I-1 of Hwy. 16 By-pass, and West of Razorback Road from I-1, Heavy Commercial and Light Industrial District to I -w General Industrial District. This petition had been tabled at the July 23 meeting.'. A Bill of Assurances submitted by the petitioner stating that, "said property shall not be used for the con- struction and operation of a feed mill without first obtaining the consent of the Fayetteville City Board of Directors or its successor as the appropriate govermental body of said City relating to zoning matters," was included in the agenda mailed to each Commissioner. Present to represent was Bob Cochran. Chairman Jacks asked if I-1 handles everything but a feed mill. Planning Con- sultant, Larry Wood said it would not. Mres. Jones stated that she had submitted the Bill of Assurance to the City Attorney. He advised her that the last paragraph should set out conditions under which a feed mill could be built; otherwise, they could claim that the approval of the City was being withheld arbitrarily. They need to reword it. Mr. Kisor said that he did not feel a feed mill should be permitted there at all under any conditions. Mrs. Anderson stated that she would rather add to the uses allowed in I-1, and not change the zoning to 1-2. Mr. Newhouse asked if the processing plant would be O.K. with the neighbors. Larry Wood said that a processing plant wouldn't be considered a light industrial use Stan Krueger, Assistant Plant Manager for Baldwin Piano, told the Commission that recently the Ozark Forest Products Company and part of the Campbell Soup property have been rezoned to I-2. Mr. Krueger stated he as no pollution problems from these present neighboring businesses. He said that he has 500 employees and a quarter of a million sq. ft., and he doesn't want any foul odors or dust; or any change in their facility or working conditions. Mr. Cochran said that he appreciated Mr. Krueger's concern, and they will assure them that they will use the latest techniques to minimize the air pollution. Mr. Hailey wanted to hear Mr. Wood's opinion. Mr. Wood stated that the zoning in the area was never changed as a follow-up to the General Plan Land Use change. This plant would be in a light industrial area (on the land use plan) even though it is considered to be heavy commercial use His recommendation is on 40 acres and a buffer of 300 ft. or 400 ft. on the South side could be kept I-1. Mrs. Anderson stated that if plans go ahead for construction of a steam plant to be built in that area that they will not be able to prevent industries from coming in that will purchase the steam She added, the latest technology would take care of most of the odor and dust, if they would use the latest technology. Mr. Cullers asked if their consideration for using this property was because of the possibility of a steam plant being built in the area, or because they already owned the property. Mr. Cochran told him that both of those reasons helped them decide. Planning Commission Meeting August 13, 1979 Page 4 Mr. Krueger said that if they were to use the latest technology in the processing plant and some reasonable treatment for the traffic where they keep everything under control, that was one thing, but if they don't control it, it could hurt his business. Mr. Cullers asked Mr. Krueger if there was not some public agency that could help him if it did get out of hand. Mr. Krueger didn't know of any but Mr. Cochran in- formed him that the EPA checks them out every time someone files a complaint about their operation. Mrs. Crocker asked Mr. Cochran if they were offeringto change the Bill of Assurance to read that they would not build a feed mill there, to pledge that they would use the latest technology to minimize dust and odor pollution and if they would accept leaving a 400 ft. buffer strip on the South side zoned I-1. He said they would. Mr. Hailey stated that based on the submission of a satisfactory Bill of Assurance as outlined above, he moved to recommend to the Board of Directors that all of the subject property except the South 400 ft. be rezoned I-2. Mrs. Anderson seconded it, which passed 9-0. The next item was the public hearing on REZONING PETITION R79-25 Rezoning Petition R79-25, Dr. $ Mrs. Harmon Lushbaugh, Cole, F, Howell Lushbaugh, Dr. $ Mrs. George Robert N. of Sycamore st., S. of Mt. Comfort Rd., $ Cole, and Mrs. Kay Lushbaugh Howell W. of 71 By-pass to rezone property located North of Sycamore St., South of Mt. Comfort, and West of 71 By-pass. There was no one to re- present the petition. Mr. Wood pointed out in his report that several creeks cut through this property, Hamestring Creek floods, and this area has access difficulty. His recommendation to the Commission : (1) Water and sewer facilities are available to the site. There is additional water ', of a mile to the Northeast There would be additional development cost because of the flooding and this indicates a need for greater density. The relationship of this property to the proposed interchange on 71 By-pass indicates a need for establishing some buffering or transition areas. Mrs. Anderson said Giles Road needs to be paved all of the way into this property because access is terrible. Mr. Wood added that the City will probably have to treat this one like Villa North and insist on a second paved access. He added that the AHTD plans to build service roads along the By-pass, but not at this location yet. Mr. Kisor made the motion to recommend to the Board of Directors that they ap- prove the petition to rezone to R-2. Cullers seconded it, which passed by a vote of 9-0. (2) (3) Mrs. Anderson requested that the petitioners be advised that they should under- stand that the City will require 2 paved entrances to this property when it is developed. Morton Gitleman stated that if this rezoning is approved by the Board of Directors, the land use plan should be studied in this area based on this zoning change and the proposed Highway interchange. The Commission agreed that Mr. Wood be asked to make a study. The next item was the public hearing on Rezoning Petition R79-26, Loy F, Pauletta Frederick to rezone property located N. of Hwy. North of Hwy. 16 East, East of Stone Farm Road, and West of Paradise Lane. Attorney Don Elliot was present to represent. Mr. Elliot explained that they want to construct a small dignified restaurant. He stated that C-1 zoing is right next to this property and this area needs a res- taurant. Mrs. Anderson asked Mrs. Jones if there could be a restaurant constructed in an R-0 district. Bobbie Jones told her that restaurants, without dancing or en - REZONING PETITIION R79-26 Loy F, Pauletta Frerick 16 E., E. of Stone Farm Rd., $ W. of Paradise Lane • • • Planning Commission Meeting August 13, 1979 Page 5 tertainment, were allowed in the R-0 zone but only on appeal to the Planning Com- mission. Nolen Neal spoke in favor of the petition and told the Committee that a restaurant was needed in this neighborhood. Mrs. Anderson asked Mr. Wood if an R-0 would be acceptable. Mr. Wood said that the R-0 would be a step in the right direction but the restaurant bothershim because it is still commercial. However, R-0 would establish some lateral control. Mrs. Jones was asked if service stations were allowed in C-1. She said they are, She explained that in 1966 the City passed an ordinance at the same time the property along Highway 16 was annexed. She thought an agreement was made to decide the correct zoning to cover the already existing uses. Mr. Cullers moved to recommend that the Board of Directors approve the petition to rezone to C-1. He explained his reason for the motion by saying that the City makes it so difficult for people to find a place for a business; there was no one present to object to the rezoning; and that the City actually controls (zoning over) a small (narrow) strip of land along Highway 16. Just outside the City Limits and to the North of this property they can put in anything they want to. Mrs. Davis seconded it. Mrs. Anderson stated that she would not voteto approve a C-1, but would vote to zone it R-0. The motion failed to pass 3-6,with Davis, Newhouse, and Cullers voting "Aye"; and Gitelman, Crocker, Anderson, Jacks, Kisor, and Hailey voting "Nay". Mrs. Anderson then made a motion to recommend that the property be rezoned R-0. Mr. Cullers seconded it, which passed by a vote of 9-0. The next item was a request for a rehear- REZONING PETITION R79-24 ing for Vernon Wilson to rezone property Vernon Wilson located North of Hwy. 16 W., N. of Hwy. 16 W., W. of Hwy. 112, and S. of James W. of Hwy. 112, and South of James Street. Chairman.Jacks stated thatthe Commission was to act only on the question of whether to hold a rehearing on August 27. Reverend Wayne Jarvis told the Commission that his house is across the street from this property. He said he could not imagine a truck coming up that hill from this property onto Wedington. He stated that he feels it would be dangerous to increase the traffic on this street. Mr. Wilson stated that he was not interested in a supermarket. Dr. Abney stated that he had talked to Mr. Wilson and then__ to Bobbie Jones and that the members of the Trinity United Methodist Church: (1) have no objection to the zoning on Highway 112 (Garland Avenue); (2) have no objection to Mr. Wilson's 80 ft. in this request; (3) but do have objections and would like a Bill of Assurance that there would not be any ingress or egress up that hill and onto WedingtonDrive. Mr. Al Hughes said that bringing the commercial zoning up Wedington would cause it to go all the way and stripping it would be dangerous. Mrs. Crocker told Mr. Wilson that she resented the wasted time of the Commission because she felt they had heard the same arguments last time and that he had not presented any new alternatives. Bill Kisor made a motion that the rehearing be approved. Mr. Newhouse seconded it. The recorded vote was 4-3-2, with: Ayes: Gitelman, Newhouse, Jacks, and Kisor Nays: Davis, Crocker, and Cullers Mr. Hailey and Mrs. Anderson did not vote The Chairman declared the motion to grant a rehearing had failed to pass. tdue to their absence at the previous meeting. The next item for consideration was a 'Conditional Use Request submitted by John & Nikki Keraus for a Day Care Family Home at 1502 Leverett. DAY CARE FAMILY HOME John P, Nikki Keraus 1502 Leverett Planning Commission Meeting August 13, 1979 Page 6 Mr. Keraus said the public supported the day care center. It is in their home. A day care family home can have a maximum of 16 children, but Mrs. Keraus will be licensed for only 8. She plans to keep 6 children. She will take ed- ucational courses such as a nutritional course. They have 2 parking spaces even though only 1 is required. The pedistrian traffic will be on the other side of the street. The Refuse area will be on the Southwest side of the lot. Most of the traffic will be at 8:00 A.M. and 5 P.M. when the children arrive and are picked up Mr. Kisor moved to approve the conditional use request with a maximum of 8 children and Mr. f, Mrs. Keraus will be required to come back before the Planning Commission in 1 year if they wish to continue the use at that time. Mr. Cullers seconded it, which passed unanimously with a vote of 9-0. The next item for consideration was a conditional use MARTY GOFF request for a temporary shelter for women and children Conditional Use Request who are victims of family violence, to be located 103 North School at 103 North School, Zoned R-0, Residential Office District. Present to represent was agent, Marty Goff. Mrs. Goff stated that the zoning all around the shelter is R-0 or C-1. She said that the Health Department has given them a list of thing that must be done and the Fire Department is requiring them to install fire detectors. Mrs. Goff added that the shelter would be HUD funded and the City of Fayetteville would own it. The present Center is currently privately owned by 3 individuals. Chairman Jacks asked Mrs. Jones if the adjacent property owners had been notified; Mrs. Jones said they had. Mrs. Anderson moved to approve the request. It was seconded by Mr. Gitelman. The request was approved by a vote of 9-0. The next item up for dis- LUCKY SEVEN CARPET AND BUILDING SUPPLY, INC. cussion was a conditional use request Conditional Use Request submitted by Lucky Seven Carpet $ 620 N. College Building Supply, Inc., for a carpet and material sales at 620 North College. There was no one present to represent the request. Mrs. Bobbie Jones told the Commission that adjacent property owners had been notified. She also said that the East 100 ft. of this property is zoned R-1; therefore, if the Commission approved the request, they would be approving a change of nonconforming use on the East 100 ft. Mr. Cullers moved to approve the request as submitted including a change of non- conforming use on the East 100 ft. of the property. Mr. Kisor seconded it, which passed unanimously 9-0. The next item for consideration for approval of off-site parking for 123 West Spring; submitted by Parker Attorneys at Law. Ginger Parker told the Committee that the request right now is to leave things as they are for 1 year. It is a shared driveway and it splits into a "Y" which has room for 2 tandem parking spaces. She said the City parking lot on the Southeast corner of Meadow and Church is within 300 ft. of her office. Mary Ann Westphal added that there was another alternative which is to put in a driveway off Church St. Ms. Parker and Ms. Westphal stated they want this approval for 1 year only at this time. Mr. Newhouse moved to approve the request submitted for a period of 1 year. Mrs. Davis seconded it, passed 9-0. was a request a law office at $ Westphal, PARKER & WESTPHAL Off-site Parking 123 West Spring Planning Commission Meeting August 13, 1979 Page 7 The next item for discussion was a HARLAN K. BLACK Certified letter from Harlan K. Black Fayetteville Public School requesting information on a conditional SE corner of Eastwood F, Hwy. 45 East use by the Fayetteville Public Schools of property on the Southeast corner of Eastwood and Hwy. 45 East. Mrs. Jones stated that in December of 1977 the School District asked for a conditional use for a playground for Root School. It was approved January 10, 1978, with the stipulation that there would be no lighting on the playground. Mrs. Jones also advised the School District that they would need a Certificate of Occupancy but no building permit. In October of 1978, the Schools submitted a request to amend the approved plan so that they could put in 2 tennis courts. On November 13, 1978, the Planning Commission voted to table this request to amend the approved plan. Chairman Jacks said that Elizabeth Reagan, with the Parks and Recreation Board, called him and told him that this would be referred to the Parks F, Recreation Department. Mr. Black stated that there were 3 walk-through gates directly adjacent to his house. He stated that there will be cars parked on both sides of Eastwood; there are no public restrooms, water facilities, or phones. He feels that some plans need to be shown. tBen Winborn told the Commission that the School District gave the city a lease • to satisfy a problem created when the Schools enclosed some pavilions built on School properties under an earlier BOR project. The school was planning to construct a c playground. They have prepared a lease on part of the school site Northeast of ✓ • Highway 265 and Highway 45. Mr. Winborn"said the School does not plan to put a tennis N court at Root School. He had asked the Parks and Recreation Department if they wanted 111114-1 tennis courts and they said yes. The gates will be barricaded. They have spent. around $30,000. o Mrs. Anderson said the only reason this matter kept coming back before the Com- a mission is because the property is zoned R-1. Mrs. Davis said she couldn't understand a. why private tennis courts could be constructed in R-1 without Planning Commission a r1 Mr. Black added that it didn't meet the zoning requirements for separation oo� om R- properties. Some of the Commissioners indicated thatif it is to be a "City" Park and not a School playground then it should be brought before the Commission N for approval as such. Mr. Gitelman stated that Col. Black's letter had requested information and in view of the fact that the information requested has been discussed he desired to o move to the next item on the agenda The other Commission members were in consensus with ,L Mr. Gitelman. / The next item for consideration was REZONING PETITION R79-22 Rezoning Petition R79-22, Joe Kelly,for property Joe Kelly located on the South side of Highway 16 By-pass 15th Street (15th Street) approximately 1320 ft. West of Morningside Drive. Larry Wood told the Commission that the General. Plan recommends I-1. I-1 is supposed to be light industrial activities and it permits bulk petroleum with under- ground storage. Mrs. Joe Kelly stated that she was not aware that the real estate agent (Mr. Adams) was pushing for an I-2 zoning. She requested that it be rezoned to an I-1 because she wants to build a new home there. Mrs. Anderson reminded Mrs. Kelly that an I-1 zoning would still permit tanks and machinery. Mr. Cullers moved that the Commission send Petition R79-22 back to the Board of Directors again with a recommendation for I-1. Mrs. Davis seconded the motion, which passed unanimously 9-0. Planning Commission Meeting August 13, 1979 Page 8 The next item for con- AMENDMENT OF ZONING ORDINANCE sideration was a public hearing - on a proposed ordinance to amend the Zoning Ordinance (Appendix A -Code of Ordinances) - to specify a minimum street frontage requirement and to provide for the Planning Commission to waive this requirement under certain conditions. Mrs. Anderson asked Bobbie Jones if she was satisfied with the way the ordinance was worded. Mrs. Jones said she was, as long as the reference to 30 ft. could be deleted. She called attention to her memo concerning City Attorney McCord's recom- mendation on the matter. Mr. Gitelman moved to delete the words "A minimum of 30 feet of" from the proposed ordinance,:and to recommend to the Board of Directors that the amended ordinance be adopted. Mr. Kisor seconded it, which passed 9-0. The next item for consideration was APPOINTMENT -GREEN SPACE COMMITTEE appointment of a committee and report from Planning Commission Chairman Jacks for the purpose of studying and formulating regulations to require subdividers and developers to contribute toward parks and/or green space in the City. Chairman Jacks stated that he had already appointed a committee consisting of: Rita Davis, Bill Kisor, and himself from the Planning Commission, Ann Henry from the Board of Directors; Jim Lindsey and Helen Edmiston, as developers; and Elizabeth Regan from the Parks and Recreation Board. He further stated that the Committee has al- ready had one meeting and it is their feeling at this time to adopt something that will be an incentive to developers, rather than a mandatory regulation. Due to the length of the agenda, the meeting was dismissed at 7:40 P.M. to be continued at 5:00 P.M., Monday, August 20, to discuss: (1) Item 17; Draft of proposed Ordinance regulating Off -sit Improvements in Subdivisions and Largr Scale Developments. (2) Item 18; Draft of proposed Ordinance to amend the Planned Unit Development Regulations. (3) Item 19; Committee Reports --Planning Area Land Use Control and Subdivision Approval Process.