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HomeMy WebLinkAbout1979-11-26 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held Monday, November 26, 1979, at 5:00 P.M. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest:Jacks, Rita Davis, Mort Gitelman (arrived late), Beth Crocker, Keith Newhouse, Bill Kisor, Newton Hailey, Peg Anderson, and Windell Cullers. MEMBERS ABSENT: OTHERS PRESENT: None Bobbie Jones, Michelle Hale, Larry Wood, Al Coltrane, Karl Weiss, Bob Cochran, Lamar Pettus, J. Riley Skillern, Bill McLeod, Cheri Carden, Rick Guyton, Ernest Haridopolos, Leo Van Scyoc, and other unidentified members of the audience. There being no additions or corrections, MINUTES the minutes of the November 13, 1979 meeting were approved as mailed. The first item for discussion AMTANE was the approval of the large Large Scale Development scale development plan for NE corner.of.Armstrong.Ave. F, Pump Station Rd. Amtane to be located on the NE corner of Armstrong Avenue and Pump Station Road; Amtane, Developer. Zoned 1-2, General Industrial-Disttict. -- - Keith Newhouse stated the Subdivision Committee had approved this, and the Planning Commission didn't need to hear it. The next item for discussion was GOLD KIST, INC. the approval of the large scale develop- Large Scale Development ment plan for Gold Kist, Inc. to be located 1140 Beechwood Ave. North of Fifteenth Street and East of Beechwood Avenue; Gold Kist, Inc., Developer. Zoned I-2, General Industrial District. Present to represent were Al Coltrane, Karl Weiss, and Bob Cochran. Mr. Newhouse said the Subdivision Committee had reviewed this and moved the large scale development for Gold Kist be recommended for approval to the Planning Commission with these 4 contingencies: 1. No sidewalks be required on Fifteenth Street. 2. Improvements on Beechwood as outlined by Clayton Powell at the Plat Review of November 8, 1979. 3. The telephone easements as required will be met. 4. Dedicate 40 ft. total off the East of the property, subject to the existing utility easements, for the extension of Razorback Road. Mrs. Jones stated this was the first meeting for a large scale development since the passing of the new ordinance requiring off-site improvements. Mr. Kisor seconded the motion, which passed 8-0. The next item for discussion was the public hearing on Rezoning Petition R79-35, J. Riley Skillern to rezone property E. located E. of Crossover Rd. and S. of Old Wire Rd. from R-1, Low Density Residential cial District. REZONING PETITION R79-35 J. Riley Skillern of Crossover Rd. F, S. of Old Wire Rd. Present to represent were J. R District, to C-1, Neighborhood Commer- iley Skillern and Attorney Lamar Pettus. • • Planning Commission Meeting November 26, 1979 Page 2 Chairman Jacks asked for Planning Consultant Larry Wood's recommendation. Mr. Wood said he recommended the rezoning not be approved for the following reasons: 1. The C-1 Zoning District is not consistent with the residential and open space recommendation of the General Plan; 2. Commercial development was not recommended at this intersection in the special study which amended the General Plan for several reasons; a. There are creeks on both sides of Hwy. 265 at this intersection which create drainage problems and limit the amount of land available for commercial development, b. Two corners of this intersection are owned by the City of Fayetteville and a third is a creek further limiting the land available at this intersection, c. With the drainage problems and limited land possibility it was felt that if commercial was introduced at this intersection there would be a great deal of pressure to expand the commercial east of the creeks, introducing traffic problems, noise and land speculation away from the intersection :, and thearterial street where it belongs, and 3. Commercial locations were identified within a mile north and south of this intersection. Mr. Pettus said some of the area along the creek has been reserved as open area. He said Mr. Skillern had approximately 2.7 acres of land and it is not feasible to attempt to subdivide and put residential housing in that area because of the odor from the sewer lift station on the Northwest corner of the intersection. They feel the same reason would apply if they put in an office type building or a residential apartment building. He said Mr. Skillerniswil'lingtogo into any kind of protective covenants the City might require Mr. Pettus stated Mr. Skillern didn't want any acoholic beverages sold on the premises. Mr. Skillern wants to get the property zoned commercial and sell it to someone to construct a convenience store. Mr. Pettus said if it was developed from a residential standpoint it would have to be developed into acre tracts. Mr. Pettus stated the creek is a natural boundary as far as expanding (commercial) Mr. Newhouse asked if there were any water easements on this property. Mr. Skillern said there was one on the North side for domestic use and a 12" main along the West side that was put there as part of a loop around the City. Mr. Newhouse asked if there are not also easements across this property for water lines serving William McLeod and Richard Guyton. Mr. Skillern acknowledged that there are and stated that those easements would be respected. Mr. Newhouse asked if itiwould cause problems in getting access to Crossover Rd. Mr. Skillern said the 2 latter easements run across the Eastern side of the property and run in a North-South direction. Mr. Newhouse asked if they would have enough depth to go into commercial property. They said they would. Bill McLeod (2880 Crossover Rd.) stated he is in opposition to this property be- coming commercial. He pointed out that there is a non -conforming commercial establish- ment to the South of him. Mr. McLeod remarked that if the subject property would bring only $8,000 for residential purposes, but would sell for $35,000 for commercial pur- poses, the residential land values of he and his neighbors would suffer. He said his water easement has a dog -leg in it because they ran into rock and it cuts through the North of the property. Ernest Haridopolos (2916 Old Wire Rd.) said he owns 6 acres West of this property. He said he concurrs with Mr. McLeod that a commercial establish- ment built in that area would take away the tranquility of the neighborhood. He also said there would be a problem with pollution such as dirt, papers, and one-way bottles. Mr. Haridopolos said in the past there have been quite a few accidents at that inter- section which would increase. He added that a convenience store would be open at all hours of the night. He asked why he was not notified about this rezoning. Chairman Planning Commission Meeting November 26, 1979 Page 3 Jacks said only the adjacent property owners had to be notified. Mr. Haridopolos pointed out that there is a large commercially zoned area not far from this property at,Hwy. 45 and Hwy 265. Cheri Carden (2913 Old Wire Road) stated her house was up on a hill and she would be looking down on a store. She said when they moved there they never thought it would be commercialized because of the creek. Leo Van Scyoc (Old Wire Road) stated he was in opposition and agrees with what has already been said. He said he opposed Old Wire Road as a major collector. He said he has had several cars run through his fence on Crossover Road, twice since signs and reflectors were put up to warn motorists. He said the reflectors were put up after a person was killed within 50 yards of this property. Rick Guyton (2870 Crossover Road) stated he agrees with the people who have voiced their opinion in opposition to the rezoning. He said he and his small son have been run off the road twice this year. Mr. Pettus stated this property wasn't suitable for residential development. He said therer-would be more of a safety problem if they put in an apartment building. The public hearing was closed. Mrs. Anderson stated.forLthe reasons given by Mr. Larry Wood in the Planning Report and the people who spoke in opposition, she moved the requested rezoning be denied. Mrs. Davis seconded it. Mr. Newhouse stated the problem of increased pol- lution was also a factor for denial. The motion passed 8-0. The next item was the discussion on CHILD CARE REGULATIONS child care and babysitting regulations requested by Planning Administrator Bobbie Jones. Chairman Jacks asked Mrs. Jones if she was saying the ones that go into homes should be in a more restrictive classification. Mrs. Jones said it is more restrict- ive in that in the R-1 a home occupation can not have anyone employed other than a member of the family living in the home; the hours are more restrictive; and if the person doing the child care has any pre-school age children of their own, those children must be counted as part of the 6 children. Mrs. Jones said we need to look to the question of how many children one can keep in a home occupation, both a maximum number and also a maximum number one can keep without requiring approval. Mr. Gitelman arrived at 5:50 P.M. Mrs. Davis stated she would like to get child care out of the R-1 zone altogether. She said she didn't see any place for a money making, traffic generating home occupat- ion in the R-1 District. Mrs. Anderson stated she saw a need for this home occupation. She said a lot of mothers like to leave their children in that kind of atmosphere. Mr. Kisor said he didn't like babysitting being done in an R-1 either. He said if we do,allow it, there should be a lot of restrictions on it. Mr. Cullers said the Commission's ,primary concern should be for the babysitting services who watch 10 or 12 children. Mrs. Jones said the reason she brought it up is because of the question of the number of children and also because by considering it as a home occupation she can approve the use in the A-1, R-2, and R-3 zones without the Commission looking at the request. Do we continue with the number the State requires, 6 children from 4 families? Mrs. Anderson asked if Mrs. Jones had an immediate question or need. Mrs. Jones said she did have someone she needed to get back with on this matter. Chairman Jacks stated the Ordinance needed to be revisdd He appointed Anderson, Hailey, and Davis to form a committee, to study the matter and report back to the Commission. Mrs. Anderson,::who is to chair the committee, said it would be after January 1, 1980 before they could meet. • • • Planning Commission Meeting November 26, 1979 Page 4 Chairman Jacks pointed out the OTHER BUSINESS letters from David McWethy, Administrative Assistant, to Rita Davis, Bill Kisor, and Windell Cullers whose term as Commissioners expire January 1, 1980. There was a discussion of meeting dates in December and/or dates in 1980 which fall on holidays. Mrs. Jones pointed out she had 2 public hearings already scheduled for December 10. After discussing the matter, Chairman Jacks stated the Planning Commission will meet only on December 10. He declined to discuss the 1980 dates until approximately one month prior to each conflicting date. There being no further business, the meeting adjourned at 6:05 P.M.