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HomeMy WebLinkAbout1979-10-22 MinutesI • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held on Monday, October 22, 1979, at 5:30 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Ernest Jacks, Elizabeth Crocker, Newton Hailey, Peg Anderson, Rita Davis, Bill Kisor, Windell Cullers, and Keith Newhouse Mort Gitelman. Bobbie Jones, Michelle Hale, Larry Wood, Jim Lindsey, Tom Hopper, Gary Carnahan, Bob Mayes, Mr. $ Mrs. Zara Lee Thomas, Hugh Kincaid, Hugh R. Kincaid, George Lewis, Rick Beye, and other unidentified members of the audience. Chairman Ernest Jacks called the meeting to order. The minutes of the October meeting were approved following on Page 7, Green Space Report. ordinance would be difficult to against!'. 8, 1979 MINUTES the correction Chairman Jacks said he wanted it to read "the incentive enforce" instead of "the incentive ordinance was decided The first item for discussion was the UNION SPECIAL SUBDIVISION approval of the preliminary plat of Union Preliminary Plat Special Subdivision located on the East side Garland Avenue of Garland Avenue (112) approximately 12 mile North of Sycamore Street, Union Life Insurance Company, Owner $ Developer. Present to represent were Tom Hopper, Jim Lindsey, and Gary Carnahan. Mr. Newhouse reported to the Planning Commission that the Subdivision Committee moved to recommend approval by the Planning Commission with 7 contingencies: 1. The scale be 1" to 100' on the final plat; 2. Extend the sidewalks in front of the lot of the existing duplex; 3. Put a street light on the NW corner of Lot 2; 4. Waive the street light spacing on Bryan Road and the new arterial street as shown on the plat; 5. Recommend to the Board of Directors to vacate Elm Street along the South side of this property and leave it as an alley as access to the Thomases as it is on the plat. 6. On the final plat the new arterial street will have to be renamed something other than Elm. 7. The developer will dedicate a right-of-way for 54 ft. across the North side of this property and recommend to the Board of Directors to accept their proposal to construct a 48 ft. wide street to the East radius of Bryan Road with the City participating by paying the difference in cost between a 31 ft. wide street and a 48 ft. wide street. Chairman Jacks asked Mr. Newhouse if it showed the arterial street that is on the Master Street Plan. Mr. Newhouse said Mr. Bob Mayes had previously been assured the arterial street would go South of his property. Mr. Newhouse said that the Subdivision Committee recommended that the City accept what the developer had offered. Mr. Lindsey explained that on the Major Street Plan the North right-of-way of the proposed arterial street was shown to be 104 ft. North of this subdivision and the South right-of-way was 24 ft. Northof the subdivision. He added that the Master Street Plan showed it going through.;Mr. Mayes property even though Mr. Mayes had a letter releasing him from the Major Street Plan. Chairman Jacks asked David McWethy, Administrative Assistant, • • • Planning Commission Meeting October 22, 1979 Page 2 if the City had abandoned the Master. Street Plan at this location. Mr McWethy said the Master Street Plan for Mr. Mayes property was deleted because Mr. Mayes had put the City on a one years' notice to either take his property for the Major Street Plan or release him. The City did not act on this inside the year. Mr. Lindsey stated they could build a 48 ft. wide street in a 54 ft.. right-of-way and this developer would provide enough easement on their side of the street to take care of the utilities. He thought it would be somewhat of a penalty for Union Life to have to give all of the right-of-way. Mr. Cullers asked if the South boundary of the new arterial street would be a straight line when it extends East to Leverett Avenue. Mr. Lindsey said it would take a jog. Mr. Cullers asked if by accepting this plan would it be altering the Master Street Plan. Mr. Hailey said if we require the 26 ft. right-of-way from Mr. Mayes it will "knock out" that parcel of land. Mrs. Anderson said the Planning Commission should go ahead and make their recommendation to the Board of Directors and let them decide about the Master Street Plan. Mr. Cullers made the motion to table the approval of the Preliminary Plat of Union Special Subdivision until the Commission could get comments from City Attorney, Jim McCord, on how to proceed. Mr. Hailey seconded it. Mrs. Crocker asked Larry Wood since there was no street shown on the Master Street Plan crossing the proposed subdivision, could the City now hold a public hearing and amend the Master Street Plan. Mr. Wood said they could. Mr. Hailey pointed out that Mr. Grimes had told Mr. Mayes the City wouldn't encroach on his property. The motion passed 7-0-1, with Jacks, Crocker, Newhouse, Anderson, Cullers, Davis, and Hailey voting "Aye" and Kisor abstaining from voting. The next item for discussion was the REZONING PETITION R79-32 public hearing on Rezoning Petition R79-32, Hugh Kincaid Hugh Kincaid to rezone property located South Archibald Yell of Archibald Yell, East of Locust Avenue and West of Church Avenue from R-2, Medium Density Residential District, to C-3, Central Commer- cial District. Hugh Kincaid, Hugh R. Kincaid, and George Lewis were present to repre- sent. Mr. Wood stated he recommended the rezoning for 3 reasons: 1. The property under application faces several commercial uses in C-2 District zoning and sides on to an arterial street soon to be improved to a 5 lane facility making the property more oriental to commercial than residential; 2. The General Plan does not appear to offer a reasonable solution to the land use relationship for this area and should be considered for change; and 3. View obstruction, access and traffic hazards should not be a problem. Attorney, Hugh R. Kincaid stated he thought it was consiStant with the planning. Chairman Jacks asked if they were asking for C-3 rather than C-2 because of the setbacks. Mr. George Lewis confirmed that this was true. He asked if they were willing to guarantee that they wouldn't make the curb cuts into Archibald Yell. Mr. Tom Henson, prospective buyer, said he had no intention of cutting into the side street. Mrs. Anderson moved to recommend to the Board of Directors to approve the rezoning petition. Mr. Kisor seconded it, which passed 8-0. The next item for discussion was CONDITIONAL USE REQUEST the conditional use request submitted by Hugh Kincaid Hugh Kincaid to develop a Wholesale & Retail 402 South Locust Auto Parts Store and Machine Shop to do light It machine work on certain auto parts at 402 South Locust Avenue, if zoning to C-3, Central Commercial District, is passed by Board of Directors. Hugh R. Kincaid was present to represent. Mrs. Anderson moved to approve the conditional use request. Mr. Cullers seconded it, which passed 8-0. • • • Planning Commission Meeting October 22, 1979 Page 3 The next item for discussion was APPLICATION FOR WAIVER the application for waiver from street Leo Peel frontage requirements as provided in 1990 North College Ave. Art. 8, Sec. 6, of the Zoning Ordinance submitted by Rick Beye, Attorney for Leo Peel, for property located at 1990 N. College Avenue, zoned C-2, Thoroughfare Commercial District & R-1, Low Density Residential District. Present to represent was Rick Beye. Mr. Beye said Mr: Hudson had access to a private road and he didn't see any problem. He stated they have acquired a deeded easement for Mr. Hudson. Mr. Beye said the waiver was needed because the lot was created by an improper subdivision. Mr. Dick Hudson has access to his garage and dwelling house located on his retained lot by means of a paved, private roadway located on the northern most 25 ft. of his neighbor to the South, Charles Mills' property. Mrs. Crocker asked if the lot request- ing the waiver is R-1. Mr. Beye said the house is in C-2 and the garage is in R-1. He added he wasn't concerned with the limitations the Commission might put on the pro- perty in granting the waiver. He said if they could obtain a waiver, then they would be able to get a lot split approved so that Mr. Peel could get a building permit on the front (West) portion of the property which he had purchased. Chairman Jacks pointed out that the waiver was for the property to the East owned by Mr. Hudson even though Mr. Beye is representing Leo Peel. Mr. Kisor moved to approve the waiver request with a restriction that the property is restricted to residential use only. Mr. Cullers seconded it, which passed 8-0. The next item for discussion was REQUEST FOR WAIVER the request for waiver of driveway safety Kincaid, Horne, & Trumbo zone from street intersection for the 207 W..Center Walker -Stone House, 207 W. Center Street, submitted by Kincaid, Horne, $ Trumbo. Hugh R. Kincaid was present to represent. Bobbie Jones pointed out that Mr. Kincaid thought he had brought this plot plan in when he requested approval of off-site parking, but she didn't remember it (the driveway had been moved). Chairman Jacks said he didn't remember this particular plan either. Mr. Kincaid said they need a waiver of 13 ft. to save a tree. They are asking for a safety zone from the street intersection of 27 ft. rather than the 40 ft. required. Mrs. Anderson moved to approve the waiver.as requested. Mr. Hailey seconded it, which passed 8-0. The next item for discussion was the COMMITTEE REPORTS Committee Reports on Green Space and Lot Splits. Green Space Chairman Jacks stated the sub -committee had a meeting October 11, 1979. He said they had been working for an incentive ordinance but it only worked well with large R-1 developers. He said they were aware that, in existing partially developed neigh- borhoods, there would be an inequity in that new dwelling units will pay where existing did not although both will have advantage of acquired park facilities. Mr. Wood showed the map of the City analyzing the City's existing parks and parks needs. Chairman Jacks stated what they are wanting to do is have a mandatory fee placed on getting a building permit. Mr. Kisor asked what fund the money would go in. Chair- man Jacks said the money would have to go in a special fund for each district from which it is received. Mr. Hailey asked what it would cost. Mr. Wood said he understood the City cannot charge more for a building permit than the cost of administering; there- fore, it may not be possible to attach a fee to a building permit. • • • Planning Commission Meeting October 22, 1979 Page 4 Chairman Jacks asked the Commission if they should pursue the mandatory Mrs. Anderson said the mandatory should be pursued if it is legally possible, incentive is covered by PUD. Mr. Kisor §aid we would be throwing large sums opers if it is put back on subdivider instead of on building permits. It was decided to check into the mandatory fee further. The Commission did not want to discard the idea just because it was mandatory. Lot Splits fee. and the at devel- said they Mr. Newhouse said the Committee met on October 16, 1979. He said City Attorney, Jim McCord, was supposed to send some of his notes with the agenda but they weren't received, so Mr. Newhouse decided to wait to report after they got his notes. The next item for discussion was the AMENDMENT report from the sub -committee on Planned PUD Unit Development Regulations. The public hearing to consider an amendment to Appendix A (Zoning), Art. 8, Sec. 12, of the ,. Fayetteville Code of Ordinances to amend the City's Planned Unit Development Regulations continued from October 8, 1979, so that the Sub -Committee could review Bobbie Jones's comments. Chairman Jacks said Mrs. Jones had made notes on the proposed ordinance which reflect most of the changes discussed by the sub -committee. City Attorney, Jim McCord, has to decide on 2 questions noted on Page 14 and Page 16. Mrs. Crocker said Mr. Don Epley, who has worked with PUD's in Other areas before, said that if a P.O.A. was formed, the ordinance should require a mandatory membership for all property owners within the PUD. Chairman Jacks pointed out that we do not require a P.O.A., but we could require a mandatory membership if the PUD was administ- ered by the P.O.A. instead of the subdivider. Mr. Kisor said the convenants would have to spell it out. Mrs. Crocker said that Mr. Epley had also raised the question of whether the ordinance should set a maximum density per mile in view of all the incent- ives written in. This was discussed briefly but there was no recommendation made to change the proposed ordinance accordingly. Mrs. Anderson moved to recommend approval of the proposed amendment to Appendix A, Art. 8, Sec. 12 by the Board of Directors: 1. to be amended as noted following the sub -committee's meeting; 2. with the 2 things that Jim McCord would have to study and reword; 3. and, with the addition of a mandatory membership requirement if a P.O.A. is formed. Mr. Kisor seconded it, which passed 8-0. Mr. Hailey informed the Commission OTHER BUSINESS that the Quorum Court approved the study on Planning Area and Land Use Control which was presented by the County Planning Board. Since the next meeting would fall on the day the City offices would be closed in observance of Veteran's Day, November 12, 1979, the Planning Commission moved their next meeting to Tuesday, November 13, 1979. There being no further business, the meeting adjourned at 6:50 P.M.