HomeMy WebLinkAbout1980-12-08 Minutes•
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MINUTES OF A PLANNING COMMISSION MEETING
A meeting of the Planning Commission was held at 5:00, P.M., Monday
December 8, 1980, in_the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman Ernest Jacks, Mort Gitelman, Don Hunnicutt,
Beth Crocker, Keith Newhouse, Newton Hailey, Martin Redfern,
Windell Cullers.
MEMBERS ABSENT:
OTHERS PRESENT:
Peg Anderson.
George W. Lewis, Lee Terry, Ervan Wimberly, Thomas McNair,
Wayne Ball, Leon Martin, Wesley Opela, Forrest King,
Dick and Jo Bennett, Sid Noorbakhsh, Cynthia Stewart,
Bobbie Jones, Larry Wood, and other members of the press and
audience.
The minutes of the November 24, 1980, MINUTES
meeting were approved as mailed.
Keith Newhouse, Chairman of the WASHINGTON MOUNTAIN
Subdivision Committee, made a motion PLANNED UNIT DEVELOPMENT
to table the Preliminary Plat of JAMES VIZZIER
Washington Mountain, a Planned Unit
Development, until the December 22, 1980
meeting of the Planning Commission. Beth Crocker seconded. The motion passed
(7-0-1) with Newton Hailey abstaining.
The third item of business was
Rezoning Petition R80-29, Lee W. Terry,
to rezone property located on the North
side of Stone Street and West of Sang
Avenue from R-1, Low Density Residential
District, to R-2, Medium Density Residential District.
George W. Lewis and Lee Terry were present to represent.
The Chairman asked for Planning Consultant, Larry Wood's comments. Larry
Wood stated he is recommending the change from R-1 to R-2 zoning for the
following reasons:
REZONING PETITION R80-29
LEE W. TERRY
NORTH SIDE STONE, WEST OF SANG
1. Public facilities are reasonably available to serve the property and a
Large Scale Development Plan will have to be submitted so the City
can insure they are extended before development occurs.
2. R-2 District is consistent with the General Plan.
3. A greater density of housing in this area can be supported by the proximity
to the University of Arkansas, a junior high school and a developing
employment base.
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Planning Commission Meeting
December 8, 1980
Page 2
The Chairman asked Mr. Wood if he felt this was in accordance with the
General Plan. Larry Wood said that according to the Plan 2/3 of this property
is in the Medium Density area and 1/3 is in the Low Density area and that he
doesn't find this inconsistent.
The Chairman asked if there was anyone present in the audience representing
the petitioner. George W. Lewis, P. 0. Box 1072, addressed the Commission.
He stated he is in accord with the Planning Consultant's comments. He said,
presently, there is R-2 property East of this property and across the street is
the bus depot owned by the Fayetteville School System. He felt the zoning would
fit into the area. The owner does not have any plans for development at this
time, and would probably sell the property.
The Chairman asked if there was anyone else in favor of the petition. Lee
W. Terry, the owner, addressed the Commission. He had nothing further to add
other than the adjoining property owner to the West also has informed him of
his intentions to rezone his property.
The Chairman asked if there was anyone appearing in opposition to the
Rezoning request.
There was no one in opposition.
Keith Newhouse made a motion to recommend approval to the Board of Directors
for Rezoning Petition R80-29. Windell Cullers seconded. The motion passed
(8-0).
The next item of business was
the Public Hearing on Rezoning Petition
R80-30, J. B. Hays, to rezone property
located North of Township Road and
East of Highway 71 North from R-1,
Low Density Residential District, and R-0,'.Residential Office District to
R-2, Medium Density Residential District, C-2, Thoroughfare Commercial District
and R-0, Residential Office District.
Ervan Wimberly was present to represent.
The Chairman asked for Larry Wood's comments. Larry Wood stated he is
recommending the requested rezoning for the following reasons:
1. The necessary public facilities are available to serve the property.
2. The applicant has arranged the zoning pattern so a gradual transition
from commercial to single-family residential can be accomplished.
3. The applicant has arranged the access to the property so that residential
traffic will not be interchanged with commercial and office traffic.
Ervan Wimberly stated that the Developer plans to improve the existing steep,
gravel road off College Avenue between King Pizza and the Pawn shop by curving
it more to the Northeast. He stated that entrance to the road would be off
of Highway 71, that the road would wrap around and would be longer and flatter.
It will have a 12% grade and will be concrete, built to City Standards. It will
loop back into Highway 71 between Midas Muffler and the Salvation Army. This
REZONING PETITION R80-30
J. B. HAYS
N. OF TOWNSHIP, EAST OF HWY. 71
Planning Commission Meeting
December 8, 1980
Page 3
road will not connect with the streets in Brophy Addition. He said the area
West of this property is already commercial. The lower area, below the new
street will be developed commercially, above that would be developed R-0, and
Jimmie will be extended for the residential development. The portion extended
off of Jimmie will be limited to residential only.
Ervan said the residential area had not been developed as a PUD, because of
the setbacks required in a PUD development, thereowould be nothing left to build
on.
Ernest Jacks clarified the term "PUD" for the members of the audience that
might not be familiar with it.
Jacks asked how long the cul-de-sac that would be formed by extending Jimmie
would be. Ervan Wimberly stated it would be about 800 ft. in length, and that
when development occurs, the Developer will have to seek a variance from the
maximum length of a cul-de-sac.
Jacks asked if there was anyone in the audience appearing in opposition
to the requested rezoning.
Dick Bennett, 2582 Jimmie, addressed the Commission. He presented a
petition to the Commission which contained 22 signatures, all in opposition
to the proposed rezoning. The signatures were of persons living on Karyn
or Jimmie. Bennett said that some of the persons in opposition may have different
objections, but he would like to stress the safety problem of additional traffic
on Jimmie and Township: He stated that some of the neighbors have small
children which have been able to play in the street, and the proposed development
would change the nature of the whole neighborhood. Township is a very busy
street, and at this time, emerging from Jimmie or Karyn onto Township is
dangerous. The development would add at least 80 cars to the traffic already
existing on Jimmie and he felt that was a tremendous amount for a dead end
street.
Sid Noorbakhsh, 2482 Jimmie Lane, addressed the Commission. He stated he
is a Civil Engineer, that he lives on Jimmie and is very much interested in
this development. Mr. Noorbakhsh said that Dr. Hays' development would change
the whole life style of the neighborhood. He said he did not see how traffic
could be limited to R-2 traffic, as he sees it R-0, R-2 and R-1 traffic will all
be exiting off of Jimmie onto Township. Mr. Noorbakhsh presented pictures of
the intersection of Jimmie and Township to the Commission. He pointed out that the
visibility at these intersections is almost nill. Township Road has a 22% grade
in this area. The terrain is difficult and he cited a case where a sewer line
had been exposed because of erosion in the Brophy Subdivision. Juneway Terrace
also is another bad intersection.
Mr. Noorbakhsh said that he could not see how the representative of the
Fire Department had not pointed out a fire hazard on this long cul-de-sac. He
did not see how fire trucks could get to the complex in icy weather. He also
doubted the accessibility of this development to water and sewer. He felt that
the addition of concrete that would be required to develop the property R-2,
would compound an already poor drainage system. He said Mr. Brophy had tried to
build a City Street within the 40 ft. between Midas Muffler and the Salvation
Army in 1974, and it was denied
Jo Bennett, 2582 Jimmie, addressed the Commission. She stated that
her home would be located right on the corner of this development. There have
Planning Commission Meeting
December 8, 1980
Page 4
been four new homes built within one block of this area in the $200,000.00 to
$300,000.00 bracket. She did not feel that a condominium development would be
consistent with these new homes.
Roy Fuller, 2508 Karyn, addressed the Commission. He stated he was in
opposition to the granting of a variance that would allow an 800 ft. cul-de-sac.
He said Mr. Brophy had been denied the same request 5 years ago and had had to
build West View. Also, Mr. Wimberly had indicated that the installation of
condominiums would result in less excavation and the saving of more trees, and
Mr. Fuller doubted this. The development of this tract into condominiums would
result in the flooding of Highway 71. He questioned Dr. Hays' intentions in
rezoning the Northern portion of the property to R-0, before coming back and
requesting rezoning of the remainder of the property.
Ervan Wimberly assured Mr. Fuller that Dr. Hays was not trying to "pull
a fast one", and explained that Dr. Hays did not own this property when the
original rezoning had been requested and granted. In answer to Mr. Noorbakhsh's
comment that he did not think there was sufficient water and sewer available
to the site, he pointed out several places where water and sewer could be brought
in. He stated that the mixing of the commercial, office and residential had
been developed to make the project economically feasible. Extreme care would be
taken with the drainage problem. Also, if the area were developed single family,
there would have to be utility lines run to each home, along lot lines, and that
a. lot more excavation would have to take place than to run service to a condominium
development. It would be covenanted that nothing other than residential traffic
would be directed onto Jimmie and Township.
Mrs. Bennett asked why the traffic from the condominium development could not
be directed onto the streets that the developers are planning on constructing
to serve the commercial and office development. Ervan stated that the grades
would make it prohibitive.
Ron Newell, 2478 Jimmie, addressed the Commission. He stated that as far
as give and take goes, the residents on Jimmie are giving far more than they
are taking.
At this time the Chairman closed the Public Hearing on Petition R80-30.
Mort Gitelman felt that perhaps the plan as presented would be a little bit
too intense as far as terrain and isolation of the R-2. Perhaps an R-1 PUD
would be better suited to the area.
Gitelman moved to recommend to the Board of Directors that the rezoning
for the R-2 (Tract A) portion of the request be denied, and moved to recommend
approval of the remainder of the request (Tracts B and C) to C-2 and R-0.
Don Hunnicutt seconded Mr. Gitelman's motion.
The motion passed (8-0).
The next item for consideration REQUEST TO WAIVE SCREENING
was a request submitted by Popeye's POPEYED FAMOUS FRIED CHICKEN
Famous Fried Chicken to waive the 2120 NORTH 'COLLEGE
requirement for a view obscuring
fence or planting of vegetation along
the East side of the property at 2120 N. College where said property abuts
R -zoned property.
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Planning Commission Meeting
December 8, 1980
Page 5
Thomas McNair was present to represent. He stated that he wished the
Commission to consider the 40 ft. bluff at the East edge of the property as
the buffer or screening. He said that actually, the property runs 10 ft. East
of the bluff, but that 10 ft. is not feasible for development at this time. He
stated that further development may occur, and at that time screening may be
needed between the commercial and the residential, but at this time, he would
like the bluff to serve as a screen.
Ernest Jacks asked if there is presently a limitation on height of a
screen. Bobbie Jones said she was not sure, she said it is clearly laid out
how it should be constructed. She did feel that "for junk yards and storage
yards screening would have to be of sufficient height to obscure Vision...
Windell Cullers moved to approve the request for waiver of the screening
requirement for Popeye's.
Mort Gitelman seconded Windell's motion to approve. The motion passed
(8-0).
Bobbie Jones stated that the developers of Popeye's were told at the time
their building permit was issued, that they would have to install screening. She
said she felt the developers had waited an undue amount of time before requesting
the waiver of the screening requirement, and the building has been occupied
without a Certificate of Occupancy, which was not issued because of the screening.
The sixth item of business was CONDITIONAL USE REQUEST
a Conditional Use Request submitted by DUPLEXES IN R-1, BIRD HAVEN TERRACE
Wayne Ball to construct 6 duplexes WAYNE BALL
at 2828, 2816, 2732, and 2708
Quail Drive (Lots 6-11, Block D, Bird
Haven Terrace). Zoned R-1, Low Density Residential District.
Wayne Ball was present to represent. He stated that he had received a
copy today of the same petition that the Commission had received in opposition
to his request to build the duplexes. He felt there may be some misunderstanding.
The property is located out Mt. Comfort Road, 1/2 mile behind the by-pass. The
subdivision is located within the City Limits, but is bounded on the North
and East by property outside the City Limits. The East boundary of the
subdivision contains existing duplexes. Just outside the City Limits and to
the immediate East of the subdivision there is an existing mobile home park.
He stated that the duplexes he is proposing will have the appearance of single
family residences. The parking garage will be located in the middle of the
duplex with the entrance to one unit located at the front and the entrance for
the other unit located on the side. He stated that the cost of the duplexes
will exceed the cost of the single family homes within the subdivision.
Mort Gitelman wondered if the square footage of the lots was adequate for
the requirements for duplexes. Bobbie Jones said that each lot contains adequate
width and square footage for the construction of duplexes.
Ernest Jacks asked if there was anyone present in the audience appearing
in opposition to the conditional use request.
Leon Martin, 2345 Woodlark, addressed the Commission. He stated that a
petition had been filed containing the signatures of 35 households out of the
41 single family households in the subdivision. (There were more signatures on
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Planning Commission Meeting
December 8, 1980
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the petition, but some constituted the signatures of both a husband and wife of
the same household.) He stated that when these persons bought their homes, there
was an existing Bill of Assurance that nothing other than single family homes
would be constructed within the subdivision for 25 years. The home owners were
told that the existing duplexes on the East side of the subdivision were
constructed as a buffer between the mobile home park on the East and the
Subdivision. Mr. Martin felt traffic would be a problem and that the construction
of duplexes would decrease the value of their property.
Wesley Opela, 2373 Woodlark, addressed the Commission. He stated that
this subdivision consists of mostly single family homes with young families
having young children. There are no sidewalks in the subdivision, and these
children walk to school and, also, play in the street. At the present time,
there have not been any problems, but the extra traffic that would be created
by the construction of duplexes may be dangerous to these children. Everyone
in the subdivision is strictly against the construction of the duplexes. Also,
he felt it would devalue his property. He mentioned again the Bill of Assurance
stating that no further construction of duplexes would occur within the
subdivision.
Wayne Ball confirmed the existence of the Bill of Assurance, and that it
expires in 1985. He stated there exists in the Bill of Assurance a provision
that a waiver of the restriction on duplexes can be gotten if a majority of
the property owners agree to the construction of the duplexes.
Bobbie Jones said that Mr. Watson had built his duplexes after the Bill
of Assurance had been recorded, but that at the time he had been the majority
as far as ownership of property within the subdivision.
Jim Redden, 2880 Quail Drive, addressed the Commission. He stated that
he had been assured when he bought his home that the subdivision would be
single family. He stated that the duplexes that exist are on the side of the
subdivision that is closest to the University, and really do not interfere
with the subdivision. The duplexes that Mr. Ball is proposing would definitely
add traffic to the interior of the subdivision. He said that if this request
is granted, what assurance do the existing single family home owners have that
the rest of Quail Drive will not be constructed with duplexes.
Bobbie Jones pointed out that there is an error in the zoning map, and that
the entire subdivision does lie within the City Limits.
Keith Newhouse moved to deny the request for duplexes in R-1 because
it had been assured to the owners of single family homes that they would not
be constructed in their subdivision.
Mort Gitelman said that a Bill of Assurance is a civil matter, and that
the Planning Commission could not turn down the request on those grounds.
Don Hunnicutt seconded Keith Newhouse's motion to deny.
Beth Crocker said she would like to vote to deny, but that she could not
vote with the motion. On a legal basis, the motion would not hold up. She
said there are legal grounds on which to deny the request.
Keith Newhouse withdrew his motion and Don Hunnicutt withdrew his second.
Beth Crocker moved to deny the request for duplexes in R-1 for the
following reasons:
1. Ingress and egress would be impared, and she is concerned about the safety
Planning Commission Meeting
December 8, 1980
Page 7
of pedestrians and children in the neighborhood.
2. Increased traffic flow would disrupt the single family neighborhood.
Keith Newhouse seconded.
Morton said that he felt that people who live in duplexes are people too.
The Commission voted on Beth Crocker's motion to deny, the motion passed
(7-1) with Mort Gitelman casting the "Nay" vote.
The next item of business was CONDITIONAL USE
a Conditional Use request submitted DUPLEXES IN R-1
by Ed Torbett to construct ED TORBETT
3 duplexes North of Highway 16 East
and East of Mally Wagnon Road, Zoned R-1,
Low Density Residential District.
Wayne Ball was present to represent. He stated that the property is
located on Mally Wagnon Road, which is one street West of the Baldwin area.
The City Limits run down the center -line of Mally Wagnon Road.
Ball stated that the proposal is to construct three duplexes. There is
water and sewer to the lots and the lot sizes are of a sufficient size to
construct duplexes. The design and intent is to construct duplexes and the
owner will live in one side and rent out the other. He stated that across the
street there exists open land with a chicken house on it and South there is a
vacant lot.
Forrest King, Route #10, Fayetteville, addressed the Commission. He
stated that this is a residential neighborhood, and that the neighbors do
not want duplexes built out there. He said that the property owners just got
through paying for the City to pave the street. He said that if the request is
granted that the developers of the duplexes should be required to pave the road.
J. B. Townsend, Route 7, Fayetteville, addressed the Commission. He
stated he owns the property directly West of this proposed development, and
that he is planning on building a new home. He stated he does not want to
build an expensive home across from three duplexes.
Lorraine Hughes, 1209 Mally Wagnon Road, addressed the Commission. She
stated that they had recently purchased their home. The neighborhood is nice
and quiet and that there is not very much traffic. She felt that the
construction of the duplexes would create a lot of traffic.
Wayne Parrish, Route 7, Fayetteville, addressed the Commission. He stated
he owns the property North and East of the proposed. development. He felt the
construction of duplexes would down grade the community, and that he is against
the construction of the duplexes.
Wayne Ball stated he fails to see what these people find less desirable
about duplexes than a chicken house Mr. Townsend replied that the chicken
house had been there seventeen years, and that it is actually North of the
homes. He felt the duplexes would bring in lots of children.
Mrs. Hughes stated that in a duplex nearby, the 'occupants had twelve
German Shepherds and that the place had been a mess.
Beth Crocker asked if the property had not at one time been R-2, and
asked if it had been rezoned to R-1. She said there are a number of single
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Planning Commission Meeting
December 8, 1980
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family homes out there. She felt that by mixing that many duplexes with the
single family, they would in fact be rezoning the property. Bobbie Jones said
that when the present Zoning Ordinance went into effect there was an R-2 Zone
which consisted of single family homes and duplexes. She said that when the
new Zoning Ordinance went into effect, single family was absorbed into R-1,
and duplexes were absorbed into R-2 and R-1. She said this might be the case
with this property.
Mort Gitelman stated that with 1/2 acre lots, the density would be about
the same as R-1.
Mrs. Parrish addressed the Commission. She stated that duplexes would
have persons of a more transient type living in them. She said that Mr. Ball
could not say what kind of people would end up living in the duplexes. She
felt it would change the neighborhood.
Forrest King addressed the Commission once again. He stated that he had
owned the duplexes where the German Shepherds had been until he became an
aristocrat.
Mort Gitelman moved to approve the request for duplexes in R-1. Windell
Cullers seconded. The motion passed (6-2) with Beth Crocker and Ernie Jacks
voting "Nay".
The next item of business was WAIVER OF LOT SIZE REQUIREMENT
a request for waiver of lot size APPLICABLE TO A LOT SPLIT
requirements applicable for MALLY WAGNON RD. - ED TORBETT
lot splits, submitted by Ed Torbett.
Minimum requirements are: three acres
for each lot on first division; five acres for
each lot on second division; and 1-1/2 acres for lots on septic tank.
Wayne Ball was present to represent.
Bobbie Jones stated that water and sewer are available to the lots so the
1-1/2 acre for septic tank is not applicable.
Mr. Ball stated that the lots will be about 1/2 acre each and will have
116'ft. of frontage on Mally Wagnon Road. The grade is such that there will be
no problem extending sewer to the site.
Windell Cullers said this bothers him more than the duplexes. He said
he felt the developer should at least participate in pavement of Mally
Wagnon Road with this development.
Ernest Jacks stated he thought that the off-site improvements are automatic.
Bobbie Jones said they must be specified.
Wayne Ball said it was his understanding that property owners in the area
are currently working with the County in getting Mally Wagnon paved further
North.
Mort Gitelman felt that any motion should include off-site improvements
that the Commission feels ought to be required with this development.
Mort Gitelman moved to approve the request for waiver df minimum lot
size in relation to a lot split on the condition that the Developer will
bear one half the cost of paving Mally Wagnon Road for the entire length of the
development, and will pay for installing any drainage improvements as required
by Clayton Powell, the City Street Superintendent, with cash to be deposited
into an escrow fund as required by Appendix C, Art. III, Section A (4) (B) of
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Planning Commission Meeting
December 8, 1980
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the Code of Ordinances.
Don Hunnicutt asked if there will be easements required. Bobbie Jones
said the Developer will have to dedicate a 5 ft easement for widening of
the street across the frontage of his property, but this will be acquired
by the City at the time the lot splits are processed.
Newton Hailey asked why the Developer should not be required to pave the
whole street. Beth Crocker said he will only be charged for that portion that
bears a rational nexus to his development.
Don Hunnicutt seconded.
Windell Cullers left the proceedings at 6:55, P.M.
Bobbie Jones said that the paving that has been done which is inside the
City runs only 300 ft. off the Highway right-of-way, the rest falls in the County.
She said that the property that is being developed falls inside the City, but the
portion of the road that the Developer will be required to pave falls in the
County.
The motion to approve passed (6-1) with Newton Hailey voting "Nay".
Upon a motion by Mort Gitelman AMENDMENT TO ORDINANCE
and a second by Martin Redfern,
the motion to continue the public hearing
on Townhouses, setbacks and condominiums passed (7-0). The public
hearing was continued so the City Attorney would have a chance to modify
the ordinance as presented by the Committee from a legal standpoint.before
recommending it to the Board of Directors for action.
Ernest Jacks, Chairman of the GREEN SPACE COMMITTEE REPORT
Green Space Committee said he would
like to hold off giving his report until
after the next Green Space Committee meeting scheduled for December 11, 1980.
He said he hoped to be able to recommend something at that time.
Ernest Jacks said, concerning OTHER BUSINESS
the Planning Workshop mentioned at the
November 24, 1980,meeting of the Planning
Commission, a date had been set for the Workshop for Saturday, January 17, 1980.
He stated that Bill Bonner would get information to persons interested in the
workshop. He said members of the County Planning Board, Fayetteville
Planning Commission and Springdale Planning Commission would be contacted.
There being no further business, the meeting adjourned at 7:00, P.M.
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