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HomeMy WebLinkAbout1979-09-10 Minutes• L MINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning 10, 1979, at 5:00 P.M. in the Board Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Commission was held on Monday, September of Directors Roon, City Administration Chairman Ernest Jacks, Elizabeth Crocker, Bill Kisor, Windell Cullers, Morton Gitelman, and Newton Hailey. Peg Anderson, Keith Newhouse, and Rita Davis. Bobbie Jones, Larry Wood, Michelle Hale, Don Elliot, Darlene Westbrook, C. H. Pope, Guy Barns, Tom Langford, Jimmy Longwith, Edwina Cummings, Gordon Cummings, Lawerence Evans, Clark McClinton, Bill Meadows, Gary Carnahan, and other unidentified members of the audience. Chairman Ernest Jacks called the meeting to order. The minutes of the August 27, 1979 MINUTES meeting were approved as mailed. Chairman Jacks opened the public REZONING PETITION R79»28 hearing on Rezoning Petition R79-28, Halbert Halbert Veterinary Supply Veterinary Supply to rezone property located South of Hwy. 62 South of Hwy. 62, West of 71 By-pass, and East of East Farmers Drive from A-1, Agricultural District, to C-2, Thoroughfare Commer- cial District. Planning Consultant, Larry Wood stated that he has recommended to the Planning Commission that the petition be approved because: 1. requested zoning is consistent with the General Plan recommendations 2. public ut.zliities and sewer are presently in place on the South side of Hwy. 62 3. the surrounding land area is in the process of changing to a Commercial Dis- trict and it is consistent with the change. There was no one present to represent the petition or to oppose the petition. Mr. Kisor asked if they were going to tear down the houses. Mrs. Jones said the petition stated that they were going to build a "Veterinary Supply, Retail". Mr. Kisor moved to recommend to the Board of Directors that Petition R79-28 be approved as petitioned. Mr. Cullers seconded it, which passed 5-0 (unanimously). The next item for discussion was the REZONING PETITION R79-29 public hearing on Rezoning Petition R79-29, J..O..Hays f, Joe B. Rodman J. 0. Hays $ Joe B. Rodman to rezone property N. of 5th St. $ W. of Happy Hollow Rd. located North of 5th Street and West of Happy Hollow Road from R-1 to R-2. Don Elliott, Attorney, was present to represent. Mr. Wood said that he did not recommend this application be approved. His reasons were as follows: 1. The requested R-2 District deviates fron the General Plan recommendation. 2. Practically all of the area North of the filling station is presently single- family residential except for 1 duplex on 5th Street. The requested R-2 would isolate single family development between two more intensive uses. 3. At some future date when Happy Hollow Road is 4-laned some thinking should be done about the land use relationships, but Mr. Wood did not see the necessity of opening up the South slope of Mt. Sequoyah to multi -family at this time. Mr. Elliott reminded the Commission that there is a definite need for housing in Fayetteville. He explained to the Commission his views as to why this spot would be excellent. He said it is fairly close to the Industrial Park and would be an excellent • • • Planning Commission Meeting September 10, 1979 Page 2 location for families working in the Industrial Park. He said Happy Hollow School was in the vicinity and the children could walk to school. He also said it was only 1.5 miles froth the square. He added that if the road was developed into 265 it would be an excellent access road. He said that the water and sewer weren't up to City standards yet, but they could be fixed. Darlene Westbrook, of 547 Happy Hollow Road, had mailed a letter to the Planning ,Office which was included in the agenda. She was also present at the meeting and sub- mitted to the Chairman a Petition, bearing 21 signatures opposing the rezoning petition. She told the Commission;that, in hbr opinion, this rezoning would have an adverse effect upon the people living there and also upon the undeveloped areas, as well. Chairman Jacks read aloud a letter submitted to the Commission Members from Tom Mathias, owner of property East of the subject property. Mr. Mathias' letter opposed the rezoning and referred to several new single family homes in the neighborhood. Mr. Mathias was also present. - C. H. Pope, of 1632 E. 5th Street, (whose property is bordered on 2 sides by this rezoning) stated that the traffic would be congested and that it was a quiet neighbor- hood now. Guy Barnes, of 325 Happy Hollow Road, informed the Commission that his pro- perty was also bordered on 2 sides be the subject property, and he was against the rezoning. Thomas C. Langford, of 1618 E. Sth Street, told the Commission that he has school-age children walking to Happy Hollow School but if it was rezoned it wouldn't be safe for his children to walk to school..Jimmy Longwith, of 1737 E. 5th Street, spoke in opposition of the rezoning because he said it was quiet but with the traffic. getting heavier it wouldn't be. Mr. Kisor made the motion to deny the request for a rezoning of Petition R79-29. Mrs. Crocker seconded it, which was passed 5-0. The next item for discussion was the CONDITIONAL USE REQUEST conditional use request for property located Edwina Cummings at 525 Mission Blvd. for change of non -conform- 525 Mission Blvd. ing use from ceramic shop and grocery store to another non -conforming use (Home Supply Store -Decorative hardware and accessories for the home) submitted by Edwina Cummings. Present to represent was Edwina Cummings. Mrs. Jones informed the Commission that the proposed leesee had told her he also proposed to have his office in the building. Mr. Gitelman asked Mrs. Cummings if she was going to make any changes in the building. She told him no. Mrs. Jones informed her that she can't increase the cubic content of the building although the leeser had mentioned to her he planned to relocate a door. There was no one present to oppose the request. Mr. Kisor moved to approve the change of non -conforming use request. Mr. Cullers seconded it, it passed unanimously 5-0. The next item for discussion was the con- CONDITIONAL USE REQUEST ditional use request for property at 521 South Veterans of Foreign Wars Fraternal Hall Locust Avenue to change the use of former 521 South Locust Avenue church property to a private club (VFW). Gordon Cummings was present to represent. Mrs. Jones told the Commission that Art. 7, Sec. 14 of the Zoning Ordinance requires seperation of this type use if from 100 ft. to 200 ft. from other properties. She advised the Commission that these requirements can be varied only by the Board of Adjust- ment in this case Mr. Cummings said they were just 50 ft. from the property line. He informed the Commission that there were 3 buildings; the main church building which he thought they would use for meetings, the classr000ms on the back he thought might be used for storage, and the house on Lot 3 to be rented for private residential use. Mr. Cummings said the VFW was a legitimate non-acoholic, veterans organization. He • • • Planning Commission Meeting September 10, 1979 Page 3 added that they will have 3 or 4 meetings a month and rarely have more than 25 or 30 members present. Lawerence Evans, 1841 N. Leverett, Commander of the Post, said they will probably use the classroom building on the back as private rooms for the men and women. Clark McClinton, of 942 Township Road, was present to represent Wiggins Memorial Methodist Church, 205 West Sixth Street. He said the Church had known nothing of this until they received an agenda mailed September 6. His pastor had called and they were concerned about liquor being served on the premises. He asked whay would happen if they wanted to sell it or change it. He asked that the Commission get some kind of as- surance that no acohol will be served. Chairman Jacks explained to him that this use request would be for a VFW only. Mrs. Jones pointed out that any condition the Com- mission felt appropriate could be attached to the approval of the request. Mr. Cummings stated that it would be against the law to serve liquor because it was close to a church. He assured everyone that no liquor would be sold or served on the premises. Commissioner Newton Hailey arrived at this point in the discussion. Chairman Jacks asked if adjacent property owners had been notified. Bobbie Jones stated that all those on the list submitted by the applicant had been notified. She said that the addressfor a Margie Combs was incorrectly given as 4209 South Locust. She mailed her mail tb 420 S. Locust and also to a Harold Williams who has water service at that address. She added that she had sent a copy of the agenda to the Wiggins Memorial Methodist Church also, even though they were not on the list of adjoining property owners because she knew they did own property across 6th Street from the re quest. Mr. Kisor asked how long the meetings would last at night. Mr. Cummings said, normally no later than 9:00 P.M. Chairman Jacks asked what kind of meetings they had and Mr. Cummings said the meetings were functional. Mr. Kisor moved to approve the conditional use request upon the contingencies that: 1. This use request be allowed for the Veterans of Foreign Wars Fraternal Hall only. 2. No acoholic beverages be sold or served. 3. The conditional use is granted for one year, and the VFW must come back in one year. Mrs. Crocker seconded it, which passed unanimously 6-0. The next item for discussion was the AMEND CONDITIONAL USE request to amend plan for a conditional use Summerhill Racquet Club submitted by William Meadows for Summerhill 1399 Masonic Drive Racquet Club at 1399 Masonic Drive. William Meadows was present to represent. Chairman Jacks said the 2 maps mailed with the agenda confused him becuase he didn't know what was already there and what was being proposed. Chairman Jacks asked why the tennis courts';which are now shown as existing, were not shown on the plan which was approved in 1978. Mr. Meadows said they would be requested later, but Chairman Jacks told him to include them in this request. Mr. Meadows told the Commission that he owned the adjacent property to the South so if there was an intrudment it wouldn't matter. He said they plan to build condominums on the lots to the South of the Racquet Club. Mr. Hailey asked where you stop in an R-1, the planning continues to grow. He said it was beginning to approach a complex at the end of the street. He added that it was no longer a neighborhood concept. Mr. Kisor asked how much bigger it was than what was originally proposed. Chairman Jacks added that when they originally came to the Planning Commission they had hoped the Club would get big enough so they could ex- pand. Chairman Jacks asked Mrs. Jones if property owners had been notified. She said Planning Commission Meeting September 10, 1979 Page 4 yes they had. Chairman Jacks then asked Mr. Meadows if anyone was aware of the ex- pansion. Mr. Meadows said Club members knew of it and most neighbors, and it had been in the Club newsletter for 3 months. Mrs. Crocker said she would rather see it be expanded before they build the con- dominiums. Mr. Hailey asked if (footing) trenches had already been dug. Mr. Meadows said they had and he had done it himself at his own risk. Mrs. Jones stated that under Art. 7, Sec. 14 of the Zoning Ordinance,an outdoor recreation facility should have a 100 ft. setback This could be varied by the Planning Commission because the property is more than one acre. Mr. Hailey was concerned about the commercial aspects. Mr. Cullers he had a good objection. Mrs. Jones added that this Club was handled as a private Club when it was originally approved. There was no one present to oppose the request. Mr. Cullers moved to approve the request to amend the conditional use plan includ- ing a waiver of the.setbacks in Article 7, Section 14. Mr. Kisor seconded it. It passed by a vote of 6-0. Mr. Hailey added that he voted for it with reservations for any further commercial expansion. The next item for discussion was the OFF-SITE PARKING request for approval of temporary off-site park- Kappa Sigma ing at 717 W. Dickson for Kappa Sigma, 717 W. Dickson 711 W. Dickson Street; submitted by Richard Osborne. Chairman Jacks read a letter from Mr. Osborne in which he agreed to pave the parking lot in accordance with the codes of the City of Fayetteville. Mrs. Jones reminded the Commission that this was on a temporary basis, as Mr. Osborne did not wish to have his property tied up for parking. There was no one present to oppose the request. Mr. Hailey moved to approve it with the stipulation that the parking lot be paved to City standards, ect. Mr. Cullers seconded it, which passed 6-0. Chairman Jacks asked the Commission OTHER BUSINESS to hear an "Other Business" at this time. Hyland Park Gary Carnahan was present to represent Phase 4 Jim Lindsey, President of Hyland Park, Inc., Pathways Developer of Hyland Park Phase 4, to request a change in the pedestrian pathways as shown on the final plat approved by the Commiss- ion on August 13, 1979. Mr. Carnahan said that across Lots 20-26 the pedestrian pathway was intended to follow a sewer line. They have people wanting to buy these lots but they have 3 pro- blems: 1. People would have the right to'malk through their back yards 2. The best location for a house on the lots would be near the pathway. 3. They are concerned because the home owners are liable for someone getting hurt and there is a steep slope next to the pathway. Mr. Carnahan said that the only solution would be to relocate the pathway near the front of the lots, but it would be gravel like the other pathways. Mr. Cullers asked how they were going to keep people from planting trees in the pathways. Mr. Carnahan said there were already existing trees. Mrs. Crocker asked how steep it is along thefront of the lots and why they were not liable if they moved the pathways to the front of the lots. Mr. Carnahan explained that the home owner's were still liable but the terrain would be attracting people to the problem and if they could move the pathways to the front, which is flatter, they wouldn't be channeling people t� the problem. Mr. Cullers asked if they could build sidewalks instead of pathways. Mr. Carnahan • • • Planning Commission Meeting September 10, 1979 Page S said sidewalks could be constructed but it would be difficult because of the ruggedness. He said they were only asking to relocate the pathways because as it is now, people don't use it because of the terrain. Mr. Cullers stated that the only way to get sidewalks in Fayetteville is to quit waiving the sidewalk requirement. He added that pathways are constructed to avoid building sidewalks. Mr. Cullers moved that they allow a relocation of the pathways on Lots 20-26, Hyland Park Phase 4, but they require sidewalks instead of pathways across the front of the lots with a "pathway" to be constructed on the lot line between Lots 26 a 27. Mr. Hailey seconded it, which passed 5-1, with Jacks, Crocker, Hailey, Gitelman, and Cullers voting "Aye". Kisor voted "Nay" because of the sidewalk requirement. The next item for discussion was the PROPOSED CHANGES draft of proposed changes to Subdivison Subdivision Regulations Regulations to change Subdivision Approval Process and other changes. Chairman Jacks pointed out that Larry Wood and Jim McCord had worked on the draft- ing of this proposed ordinance. Mr. Wood summarized the changes from the existing Ordinance. He said they had introduced a concept plat. The developer could bring it into the Planning Administrator 7 days before the Planning Commission 'meeting instead of 15 days. It is reviewed by Bobbie Jones, Planning Administrator, and circulated to people who need to be notified. They simply send it back with their comments. It then comes before the Planning Com- mission. Mr Wood said from there the preliminary plat stage is the same as it is now. The finalplat has two alternatives: A. Mrs. Jones could release it for recording and put it on the next Planning Commission agenda for their approval. This procedure could only be used if a concept plat had been approved prior to the preliminary plat. B. The procedure would remain the same as now followed. Mr. Jacks pointed out that the review wouldn't be such a long drawn out process. Mr. Wood stated that the Board of Directors has already approved the Fee Schedule. He said there were no changes in the requirements for approval. He added that they have built flexibility into the screening and that no unnecessary things are to be shown on the plat (such as sidewalks and street lights). There was considerable discussion on this point. Mr. Gitelman stated that wasn't good because the subdivider may not be the develop- er or the subdivision may be sold at the Courthouse door. Mr. Wood stated on Page 3, under Section C, the cash deposit should be. 100% of the estimated total cost of the required improvements plus the annual inflation rate on construction. Mr. Kisor moved to schedule a public hearing to adopt the proposed amendments to the Subdivision Ordinance. Mr. Hailey seconded it, which passed 6-0. The last item for discussion was the COMMITTEE REPORTS Committee Reports on Green Space and Planning Area Land Use. Chairman Jacks reported that they had Green Space met the previous week and they have determined; 1. That they will work toward an Incentive Ordinance rather than a Mandatory Ordinance. 2. The City will have to pinpoint park sites and a public hearing must be held on those. Mr Hailey said they have had a time Planning Area Land Use scheduling problem. He added that they will make a presentation to the (County) Quorum Court in October. There being no further business, the meeting adjourned at 6:37 P.M.