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HomeMy WebLinkAbout1981-03-23 Minutes• MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:00, P.M., Monday, March 23, 1981, in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Ernest Jacks, Elizabeth Crocker, Joe Wilson, Windell Cullers, Don Hunnicutt, David Williams, Martin Redfern. MEMBERS ABSENT: OTHERS PRESENT: Newton Hailey, Mort Gitelman: Larry Wood, Cynthia Stewart, Bobbie Jones, John Quinn, Paul Duel', Ray Rastall, William Reeves, Brenda Myer, LoVina Payton, and other members of the press and audience. Martin Redfern asked that the MINUTES minutes of the March 9, 1981, Planning Commission Meeting be revised as follows: On Page 8, under the conditions for approval of a PUD, Item 3, instead of stating "Economics (noise, glare, etc.)", the minutes will read "Off-street parking and loading areas, where required, with particular attention to the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district." With that revision, the minutes were approved as mailed. The next item of business was PRELIMINARY REPLAT the approval of the preliminary replat of LOTS 5 $ 6 Lots 5 $ 6, Fayetteville Industrial Park INDUSTRIAL PARK PLUS and a portion of the Southeast Quarter of the Southeast Quarter of Section 22, located West of Armstrong Road, North of Pump Station Road, and South of Highway 16 (15th Street) By-pass; City of Fayetteville and Fayetteville Industrial Development Corporation, Owner and Developer. Zoned I-2, Heavy Industrial District. John Quinn was present to represent. The Chairman asked for a report from the Subdivision Committee. Don Hunnicutt, Chairman, moved that the preliminary replat be approved with the following conditions: 1. The Subdivision will be subject to all Plat Review Committee comments and requests. 2. The Combs cemetery property will be designated as a separate restrictions will be noted on the final plat. Also, include in the legal description. lot, and use the property 3. The shaded area on the plat showing right-of-way will be redrawn to show only the paved portions of the right-of-way as shaded areas. Jacks asked what the recommendation was on the requested waiver of sidewalk and street light requirements. Hunnicutt replied that determination would have to be made at the Board of Directors level. 51� • • • Planning Commission Meeting March 23, 1981 Page 2 Beth Crocker seconded Hunnicutt's motion to approve. Redfern asked if the rights-of-way would be as per Clayton Powell's recommendation at the Plat Review Committee Meeting. Hunnicutt stated that would have to be done by revision to the Master Street Plan. Cullers stated that is correct, that could not be required without being inconsistent with the present ordinance. Crocker said that the City of Fayetteville is helping install streets in the Industrial Park. Hunnicutt said that is correct, that Powell is proposing heavier base and other standards that would require a complete revision of street standards. Cullers stated that this makes sence in Industrial Areas, and that it should be investigated. Quinn stated that he did not feel that a curb radius greater than 45 to 50 ft. was necessary at intersections. He said that his preliminary plat shows that radii could be constructed up to 100 ft. The lots in this particular subdivision will not be served by rail, and they will be relatively small. Bobbie Jones stated that Clayton Powell was recommending 60 ft. radii at intersections rather than the SO ft. proposed by this developer. Redfern stated that Clayton Powell had been concerned about having to rebuild Pump Station Road if it is relocated. Quinn stated that Mr. Powell's concern was over the possibility of having to reconstruct some storm drainage improvements that have been made. He stated that improvements have been made from the intersection of Armstrong Avenue and Pump Station Road, West to the Section line at the Southeast corner of the Combs cemetery property. Pump Station Road has been improved to this point with curb, gutter and storm drainage. Quinn stated that these problems have been discussed with the Street Department and that cost estimates have been submitted to both the Street and Water and Sewer Departments of the improvements to be made. Hunnicutt's motion to approve with three conditions was passed (7-0). Don Hunnicutt stated that since the preliminary plat is approved based on Plat Review Committee comments, Quinn should get with both Wally Brt and Clayton Powell on right-of-way widths for the cuts -de -sac and streets. Beth Crocker stated that Clayton Powell had suggested some things that ought to be investigated as far as standards for streets in Industrial Areas. If it is getting to be a problem maybe the Commission ought to get somebody to make some recommendations. Ernest Jacks requested that this subject be included in the next Agenda, and that Clayton Powell be asked to attend. The next item for consideration LARGE SCALE DEVELOPMENT PLAN was the approval of the Large Scale FAYETTEVILLE HOUSING AUTHORITY Development Plan for Fayetteville Housing NORTH OF 15TH STREET Authority to be located North of Highway 16 By-pass (15th Street), East of Washington Avenue, and West of Wood Avenue. Zoned R-2, Medium Density Residential District. Paul Duell was present to represent. The Chairman asked for a report from the Subdivision Committee. Don Hunnicutt moved that the Large Scale Development Plan for the Fayetteville Housing Authority be approved with the following conditions: 52 • • • Planning Commission Meeting March 23, 1981 Page 3 1. Plan will be subject to all Plat Review Committee comments and requests. 2. At the intersection of Willow and Eleventh Street a 25 ft. x 25 ft. easement will be dedicated for access to the property to the North. 3. Dedicate 25 ft. along the East side of development for Wood Avenue. Cullers asked why no improvements to Wood Avenue were being recommended by the Subdivision Committee. Beth Crocker stated that there is nothing on the Master Street Plan about streets going through this area. Cullers asked what the primary access to the Development will be. Hunnicutt replied that 13th Street and 12th Street, will be the primary accesses. Also, he said that it is not too great a distance from Wood Avenue over to College. Bobbie Jones stated that there are no major streets East/West that 12th Street will dead end with this development, and llth Street will be blocked off. Also, HUD will not cover any off-site improvements. Community Development funds will be used for the improvement of 12th and 13th Streets. Cullers felt that a lot of traffic was being put on two little streets. Jacks agreed. Hunnicutt stated that when Wood Avenue is improved, there will be access to it from the Development. Jacks stated that the Developers are requesting a waiver of the Green Space requirements since this is a HUD project. Hunnicutt stated the Subdivision Committee is not recommending a waiver of the Green Space requirements, that determination will have to be made at the Board of Directors level. Bobbie Jones stated that there were several persons present at the Subdivision Committee meeting in regard to this item. She stated she had been requested to comment for them as they were unable to attend the Planning Commission meeting. Their basic objection was to the opening of South Willow Street. Hunnicutt mentioned that the neighbors did not object to the development. Beth Crocker seconded Hunnicutt's motion to approve with the three conditions. The motion to approve passed (6-1) with Ernest Jacks casting the "Nay" vote. Bobbie Jones stated the Developers would have to request a waiver from the sidewalk and Green Space requirements from the Board of Directors. Beth Crocker commented that South Willow does not appear on the Master Street Plan, but that it does appear on the Master Sidewalk Plan. The next item of business was a request to table until April 13, the Public Hearing on Rezoning petition R81-1, Starr Children's Trust, to rezone property located South of Highway 45 East, and East of Greenview Drive (South of Dillons) from R-1, Low Residential District, to R-2, Medium Density Residential District. at February 23, 1981 Planning Commission Meeting). There was no one present to represent. Upon a motion by Cullers and a second by Redfern, was tabled until April 13 (7-0). REQUEST TO TABLE R81-1, STARR CHILDREN'S TRUST - SOUTH OF DILLONS Density (Tabled Rezoning Petition R81-1 53 Planning Commission Meeting March 23, 1981 Page 4 The next item of business REZONING PETITION R81-3 was the Public Hearing on Rezoning RAY RASTALL Petition R81-3, Ray Rastall, to rezone HIGHWAY 16 WEST property located North of Highway 16 West and West of Carriage Way (1115 and 1125 Carriage Way, 1111, 1118 F, 1136 Carlesbad Trace) from R-2, Medium Density Residential District to C-2, Thoroughfare Commercial District Ray Rastall was present to represent. The Chairman asked for the recommendation from the Planning Consultant. Larry Wood stated he is not recommending the rezoning for several reasons: 1. The property is not located at the intersection of a major street nor an intersection of a major street and an arterial street. 2. The property does not conform to the rule of thumb of one mile spacing between commercial developments. 3. The property is part of an R-2 subdivision, and if it is developed commercially, the residential portion of the subdivision would be facing into commercial activity. Wood stated that there are areas surrounding this property that are outside the City Limits and therefore, not zoned that have been developed commercially. Wood stated that a problem is developing in these areas outside the City Limits that are not controlled by zoning, developing commercially, especially on Highway 16 West. The Chairman asked if anyone present would like to speak in favor of the rezoning request. Ray Rastall addressed the Commission. He stated that he would like to put a nice restaurant or grocery store on this property with new structures. He felt that a good commercial development here would improve the looks of Highway 16 West. Presently there is nothing between Siloam Springs and Highway 71. Cullers asked if Mr. Rastall had executed the covenants in the agenda. Rastall stated that is correct. But he felt that these lots are not really suitable for residential development. In'his opinion, they would be better suited for commercial development. Beth Crocker asked why this area had been annexed. Bobbie Jones stated it had been annexed when Sewer Service was installed. Jacks asked if there was anyone present in the audience objecting to the petition. There was no one present in opposition. Jacks stated that he understood Wood to say that rezoning this property for commercial development would be contributing to the stripping of Highway 16 West. Wilson asked how far this property was from the suggested intersection of either a collector/arterial or collector/collector. Wood replied 1/4 mile. Redfern stated that fourplexes could be constructed on these lots. Bobbie Jones said they could be only if the Board of Directors amends the bill of assurance restricting density in this subdivision. Cullers stated the Developer of the Subdivision had assured that nothing larger than a duplex would be constructed in this subdivision, and that he did not see any reason for rezoning this property at this time. Cullers moved to deny rezoning petition R81-3. Beth Crocker seconded. 91 Planning Commission Meeting • March 23, 1981 Page 5 Don Hunnicutt asked the Commission if they did not feel that 16 West would eventually be stripped commercial. He stated there is already much commercial development on 16 West outside the City Limits. Jacks stated he did not want 16 West stripped. Jacks further stated that the Commission should stick to the principal of commercial clusters at one mile intervals. He cited 45 East which was commercially developed at the intersection of 45 and 265, but was residential development otherwise. Hunnicutt said he doubted that 16 West would develop residentially. Redfern stated he was in agreement with Hunnicutt, that one lot over from the proposed property, one does not even need permission to develop commercially. Redfern said he also agrees with Windell Cullers' motion that the developer agreed to restrict development and density, and now wants to change it. Windell Cullers' motion to deny passed (7-0). • • The next item for consideration was C.U. REQUEST FOR HOME OCCUPATION a Conditional Use request submitted by WILLIAM REEVES William Reeves to have a home occupation 1655 MISSION BOULEVARD (music instruction, guitar, non -electric), at 1655 Mission Boulevard, Zoned R-1, Low Density Residential District. William Reeves was present to represent. Mr. Reeves addressed the Commission and stated that he would need a little flexibility in his hours. The normal hours for a home occupation are from 7:30, A.M. to 5:30, P.M., and he would like to operate until 8:00, P.M. He said that his lessons would not be electric guitar, they would be accoustical guitar and that he did not feel it would disrupt the neighborhood.at all. He • said his lessons would not create excessive noise or traffic. Jacks asked if there was anyone present in opposition to the request. There was no one present in opposition. David Williams made a motion to approve the Conditional Use request for a home occupation, Beth Crocker seconded. Williams stated that the house is set back from the road. Jacks agreed and said there is a lot of space and distance in the lot. Bobbie Jones said the motion to approve should include the length of time of the operation, and the period of time the conditional use would be granted for. Williams amended his motion to approve the conditional use for a one year period, and to extend the time limitation on a home occupation in R-1 to 8:30, P.M. Beth Crocker agreed to the amended motion. The motion passed (6-1) with Windell Cullers voting "Nay". Cullers stated that there are many home occupations going on that have not been approved by the Planning Commission, and that the Planning Commission is in the position to give an arbitrary ruling simply because someone like Mr. Reeves is trying to follow the rules. The next item for consideration was the Conditional Use Request submitted by Brenda Myer to have a child care facility for eight children in her C. U. REQUEST FOR HOME OCCUPATION BRENDA MYER 1980 ARROWHEAD 55 Planning Commission Meeting March 23, 1981 Page 6 home at 1980 Arrowhead, Zoned R-2, Medium Density Residential District. Brenda Myer was present to represent. Ms. Myer stated she had been inspected by the Fire Department and that she was putting another door into her home as requested. Also, she had moved her smoke alarms as requested and changed locks so that children could not lock themselves in a room. Bobbie Jones stated that if Ms. Myer would keep only six children, that she would not need Planning Commission approval. The Planning Administrator could approve it.if someone in an R-2 district is keeping no more than six children from no more than four families, State approval or licensing is not required. Martin Redfern moved that the Conditional Use be approved. Joe Wilson seconded. Crocker stated that some limitations on the hours of operation should be imposed. Redfern amended his motion to approve the Conditional Use for operation between the hours of 7:30, A.M. and 5:30, P.M. for a period of one year. Joe Wilson agreed to the amended motion. The motion passed (7-0). The next item of business was the Conditional Use Request submitted by LoVina Payton to have a child care facility for up to 10 children at 407 Redwing Circle, Zoned R-1, Low Density Residential District. LoVina Payton was present to represent. She stated she had been inspected by the Fire Department and that she is in the process of having a fence installed around her yard. She is required by the Fire Department to have fire extinguishers in her home. She further stated she would need a more flexible time restriction for operation as she baby sits for nurses, and their hours vary. Williams moved to approve the Conditional Use request for 10 children to operate from 6:30, A.M. to 5:30, P.M. for a period of one year. Don Hunnicutt seconded. The motion passed (6-1) with Windell Cullers voting "Nay". C. U. REQUEST FOR HOME'OCCUPATION LO VINA PAYTON 407 REDWING CIRCLE. The next item of business was the Study of the General Land Use Plan to determine the recommendations for future zoning and usage of the property generally located North of Wedington Drive, West of Sang Avenue, South of Moore Lane, and extending approximately By-pass. The Chairman asked for a report from the Planning Consultant. Larry Wood presented three maps of the area studied to the Commission. One showed the present development, one showed the current recommended usage, and one showed the proposed usage. Mr. Wood felt that the usage for this land that had been proposed in the general plan should be altered. At the time the STUDY OF GENERAL LAND USE PLAN FOR PROPERTY LOCATED NORTH OF WEDINGTON, WEST OF SANG @ 1/2 MILE WEST OF 71 BY-PASS 1/2 mile West of Highway 71 56 Planning Commission Meeting • March 23, 1981 Page 7 General Plan and proposed usage had been formulated for this area, the interchange had not yet been constructed. He felt that the installation of the interchange had a definite impact on this area. Since the interchange leads directly to the by-pass, Mr. Wood felt that a more dense development pattern would be appropriate for this area. Beth Crocker moved to schedule a public hearing for the amendment of the General Plan as per the study submitted by Larry Wood. David Williams seconded. Wilson stated that there would be a lot more multi -family living with the present economic situation, people cannot afford to build or buy a home. Ernest Jacks asked Mr. Wood if he would recommend multi -family development along the by-pass. Wood stated it is a good location for multi -family. The motion to schedule a public hearing for the possible amendment of the General Plan passed (7-0). • • The Chairman appointed APPOINTMENT OF COMMITTEE a committee to review the subdivision TO REVIEW COMMERCIAL regulations as they apply to commercial SUBDIVISION REGULATIONS subdivisions, requested by the Board of Directors on March 3, 1981, consisting of himself, serving as Chairman, Don Hunnicutt, Larry Wood and Ervan Wimberly. Windell Cullers felt that serious OTHER BUSINESS consideration to the home occupation restrictions should be given. He stated that the ordinance now reads that hours of operation will be from 7:30, A.M. to 5:30, P.M. and tonight there were two variances granted for this restriction. Don Hunnicutt stated that since each situation is considered individually, that special consideration is given, he felt it was similar to moving street lights around, when it is reasonable. Hunnicutt said that the neighbors are the determining factor, if the home occupation works in the neighborhood, he felt it ought to be allowed to continue. Cullers said that neighbors might be hesitant to object to something their neighbor or friend might want to do. He felt that home occupations were denied based on the amount of pressure from the neighbors. Beth Crocker felt that was the way it should be, if a home occupation can be conducted without disrupting the neighborhood, it should be allowed to operate. There being no further business, the meeting adjourned at 7:00, P.M. A 51