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HomeMy WebLinkAbout1981-05-26 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission May 26, 1981, in the Directors Room, City Arkansas. was held at 5:00, P.M., Tuesday, Administration Building, Fayetteville, MEMBERS PRESENT: Chairman Ernest Jacks, Newton Hailey, Windell Cullers, Martin Redfern (arrived late), Don Hunnicutt, Joe Wilson, David Williams MEMBERS ABSENT: OTHERS PRESENT: Morton Gitelman, Elizabeth Crocker. Bryce Davis, 0. E. Luttrell, Mildred and Bill Graue, Harry Gray, Gary Carnahan, Jim Lindsey, Robin Hernreich, Erwin Davis, Frank McDonald, Charles Combs, Gail Mainard, Mr. & Mrs. David Carter, Bobbie Jones, Cynthia Stewart, and other members of the press and audience. The minutes of the May 11, 1981 meeting MINUTES of the Planning Commission were approved as mailed. The next item of business was the FINAL PLAT approval of the final plat of 0. E. Luttrell 0. E. LUTTRELL ADDITION Addition, located inside the Growth Area, South INSIDE GROWTH AREA of Highway 16 West, East of County Road 650; 0. E. Luttrell, Owner and Developer. 0. E. Luttrell and Harry Gray were present to represent. The Chairman asked for a report from the Subdivision Committee. Don Hunnicutt, Chairman of the Subdivision Committee reported that the Committee recommended this Final Plat for approval with the following conditions: 1. Approval will be contingent upon approval of the design of the proposed turn around on Luttrell Lane by the County Planning Board. 2. Approval of the use of Luttrell Lane as a utility easement by the County Planning Board. 3. Subject to all Plat Review Committee comments. Harry Gray stated that the Final Plat would have to be reviewed by the County Planning Board prior to its being recorded. Hunnicutt made his recommendation a motion to approve and David Williams seconded. The motion passed (6-0). The next item of business was the approval of the Final Plat of Meadowridge Subdivision, located South of Frazier Terrace, West of Old Missouri Road; I. B. I., Inc. Owner and Developer. Zoned R-2, Medium Density Residential District. Gail Mainard was present to represent. FINAL PLAT MEADOWRIDGE SUBDIVISION I. B. I., INC. • • • Planning Commission Meeting May 26, 1981 Page 2 plat 1. The Chairman asked for a report from the Subdivision Committee. Don Hunnicutt stated that the Subdivision Committee recommends this final for approval with the following conditions. The Developer will be required to pave only that portion of Frazier Terrace West of the intersection of Frazier Terrace and Sunflower Circle to the end of the radius at the Southwest corner of that intersection. Hunnicutt stated that this developer and the owner of the property to the West have agreed that when the property to the West develops, that developer will extend Frazier Terrace West to connect with that property. 2. Furnish the Planning Commission a copy of the protective covenants for this Subdivision. (Mr. Mainard had already done so.) 3. All other Plat Review Committee comments will be applicable. Ernest Jacks asked if the Developer had any objection to any of these conditions. Gail Mainard, representative of the developer, stated he did not. Bobbie Jones stated that a second phase of this subdivision had been and will be reviewed by the Plat Review Committee Thursday, May 28, 1981. Hunnicutt stated he would make his recommendation a motion to approve David Williams seconded. The motion passed (6-0). submitted and The next item for consideration was VACATION OF DELAWARE a petition to vacate and abandon the right AVENUE RIGHT OF of way of Delaware Avenue, between vacated Ohio WAY Street and Stone Street in the Oak Park Place Subdivision. Gary Carnahan was present to represent. He stated that the Fayetteville School System and Northwest Financial Services were the only property owners involved in this closure. Harry Vandergriff, Superintendent of the Fayetteville School System, had appeared at the Plat Review Committee meeting where this closure was discussed, and had stated that he would have no objection to the closure as long as an access easement is retained for the school to have access to some of its buildings through this easement. Carnahan stated that a legal easement would be drafted giving both the School and the City of Fayetteville the right of ingress and egress through the vacated right of way. Martin Redfern arrived at 5:18, P.M. Don Hunnicutt moved that the right of way of Delware Avenue, between vacated Ohio Street and Stone Street be vacated with the condition that a permanent ingress/egress easement will be given to the Fayetteville School System and the City of Fayetteville. David Williams seconded. The motion passed .(7-0). gel Planning Commission Meeting May 26, 1981 Page 3 The next item for consideration was the Large Scale Development Plan for Northwest Financial Services, located LARGE SCALE DEVELOPMENT NORTHWEST FINANCIAL SERVICES VIRGINIA AND STONE East of Virginia Avenue, North of Stone Street, and South of California Boulevard; Northwest Financial Services - Owner and Developer. Zoned R-2, Medium Density Residential District. Gary Carnahan was present to represent. The Chairman asked for a report from the Subdivision Committee. Hunnicutt stated that the Subdivision Committee recommends approval of this plan with the following conditions: 1. Waive the 12-1/2 ft. setback requirement for the South drive on Stone Street. 2. Developer to dedicate sufficient right of way to bring Stone Street up to City Standards 3. No improvements to Stone Street will be required by this Developer. 4. Change the zoning on the Plan to show the correct zoning which is R-2, the plan shows R-3. 5. All other Plat Review Committee comments will apply. Ernest Jacks said he saw a problem in getting out of the parking area ON the East side. He stated it appears that persons using those parking spaces will have to back out on to the street. Jacks felt this part of the plan should be revamped. Windell Cullers moved that the Large Scale Development Plan be approved with the conditions stated by Don Hunnicutt and the condition that the problem with the Eastern parking area be resolved so that vehicles will not back out onto the street. Bobbie Jones will approve the parking revision. Don Hunnicutt seconded. The motion passed (7-0). The next item of business was the REZONING PETITION R81-7 public hearing on Rezoning Petition BRYCE AND BETTY JO DAVIS R81-7, Bryce and Betty Jo Davis to rezone BETTY JO AND 16 WEST property at 3257, 3323, 3315 and 3307 Highway 16 West from R-0, Residential Office District, to C-2, Thoroughfare Commercial District. Bryce Davis was present to represent. The Chairman gave the Planning Report in the absence of the Planning Consultant. The Planning Consultant recommends either C-1 or C-2 zoning for this property for the following reasons: 1. There currently exists sufficient public facilities and services to support the proposed development. 2. There currently exists transition and buffering uses with the offices and apartments to preclude the eventual commercial stripping of Highway 16 West. 3. Traffic generation and access points will likely be the same whether developed 90 Planning Commission Meeting May 26, 1981 Page 4 as offices or commercial. Ernest Jacks stated his main concern with this request is the possible stripping of Highway 16 West. Bryce Davis stated that presently there are three tracts of land West of the By -Pass on Highway 16 West that are zoned C-2. Davis felt that with Maple Manor Apartments and the development of housing on Betty Jo, that this would be a good place to provide services to those people. He stated at this time, persons have to drive quite a distance to obtain goods and services. He felt that stripping would be prevented on the South side of Highway 16 West because of the existing Federal Land Bank building, West of this property, which would serve as a buffer and transition area. Martin Redfern asked how deep Betty Jo is presently. Davis replied it extends South of the Highway about one half mile. The Chairman asked if there was anyone present in the audience appearing in opposition to the request. Frank McDonald asked what is proposed to go on this property. Davis stated he had been approached by someone wishing to construct a grocery store or car wash. Scott Maglothin addressed the Commission. He asked if the property was zoned C-2, if beer and liquor sales would be permitted. Bryce Davis stated that is correct. Maglothin- stated that the services that Mr. Davis was talking about could be installed in a C-1 zone, and that would prevent liquor and beer sales. Bryce Davis stated that a car wash by itself is not allowed in C-1, Bobbie Jones said that is correct, that a car wash in C-1 must be in conjunction with a gas or service station. Bob Ashworth stated that it was his understanding that he needed C-2 zoning in order to install a grocery, car wash and service station. He felt it was a shame that people in this area have to drive so far to obtain these services. Maglothin stated he was present representing Mr. Frank McDonald, a life long resident of Fayetteville. He stated that Mr. McDonald's concern is that a liquor or package store would be constructed on this property if it were rezoned C-2. Mr. Maglothin stated he is supportive of controlling where a liquor store is constructed. There are families and small children living in this area. Maglothin stated that the Planning Commission should stick to the Master Plan as amended and not allow the stripping of Highway 16 West commercial. Mr. Ashworth stated that if the Planning Commission does not grant the rezoning, they will be depriving Mr. Davis of profits he could make on the property. Mr. Davis stated he did not feel this would be strip zoning, as the property East of this all the way to the by-pass is zoned C-2. Wayne Bell, Federal Land Bank, addressed the Commission. He stated that the Land Bank is opposed to the rezoning, due to the traffic count in the area. He felt the C-2 zoning would add substantially to the traffic count. Joe Wilson stated that in the past, the Commission looked at Major intersections for locations for thoroughfare commercial zoning. He asked if Betty Jo and Highway 16 West could be considered a major intersection. Jacks stated the Commission considers major intersections at one mile intervals for thoroughfare commercial district. Jacks said that Highway 16 West and the By-pass could be considered a major intersection, but he was opposed to this request, as it looks like commercial stripping. qi A Planning Commission Meeting May 26, 1981 Page 5 Martin Redfern stated that the zoning West of the By-pass would permit the construction of a liquor store regardless of the outcome of this particular petition. Redfern said that with the density of the area around Betty Jo, he would be in favor of a C-1 zoning for this property. Windell Cullers stated that the City Limits are so close to this property, that there are thoroughfare commercial uses being constructed outside the City Limits in this area. Don Hunnicutt agreed. He said that outside the City Limits, there is no zoning, and if room is not allowed for these commercial uses, stripping will probably occur West of the City Limits. David Williams moved that Rezoning Petition R81-7 be denied. Windell Cullers seconded. Don Hunnicutt stated he would vote with the motion, but felt that there would have to be more flexibility on Highway 16 West. The facilities for persons living in this area will have to be provided, whether it is outside the City Limits or not. Hunnicutt wondered if C-2 zoning and its uses were allowed in this area i£ perhaps the stripping would not occur outside the City Limits. The Commission voted on the motion to deny and it passed (7-0). Don Hunnicutt moved that the petition be granted for C-1 zoning. Martin Redfern seconded. The motion passed (6-1) with Ernest Jacks casting the "Nay" vote. The next item for consideration was the public hearing on Rezoning Petition R81-8, Wayne Dyer, Arthur Skelton, Jimmy Terry, F. H. Martin and J. B. Hays to rezone property on the East side of Hwy. 112 and South of County Road 898 (This petition includes the Hush Puppy, Ozark Windows, the 71 Drive In, and other vacant Harry Gray was present to represent. In the absence of the Planning Consultant, the Chairman gave the Planning Report. The Planning Consultant recommends C-2 District for this property for the following reasons: REZONING PETITION R81-8 EAST OF HWY. 112, SOUTH OF COUNTY ROAD 898 properties.) 1. Most of the property under application is now being used for commercial purposes which fit under C-2 District zoning. 2. Public facilities and services are available to serve the property with the exception of adequate fire protection. 3. The property under application lies between a State Highway and a proposed U. S. Limited access Highway and is logical commercial or industrial property. Jacks stated that the Commission's original plan wholesale uses, etc. Harry Gray stated this property was annexed into year ago in order to provide public sewer to the area. with the understanding that it would be zoned C-2. for this property was the City a little over a This property was annexed • 1 • Planning Commission Meeting May 26, 1981 Page 6 Gray stated that all uses presently in the area are C-2 uses with the exception of Ozark Windows, which would be permissible on appeal to the Planning Commission in a C-2 zone. Martin Redfern stated that with the proposed new Highway going in, that this area would be a good place for C-2 activities. Redfern moved to recommend the rezoning petition to the Board of Directors for approval. Joe Wilson seconded. The motion passed (7-0). The next item of business was BOIS de ARC the consideration of a recommendation from the Street Committee of the City Board of Directors that 1) The Final Plat of East Oaks Addition, Phase II include a dedication for the 50 ft. right of way to connect Bois de Arc Street between Twelve Oaks Drive in East Oaks and the end of Bois de Arc in Jerry D. Sweetser's Subdivision, 2) The Subdivider of East Oaks Addition, Phase II be required to construct only a sidewalk within this right of way and 3) the City is to construct the street connection after Township Road is constructed. Ernest Jacks stated that when the Final Plat for East Oaks, Phase II was approved by the Planning Commission it was with the condition that Bois de Arc right of way be closed. The Street Committee has recommended that the street not be constructed at this time, but that the right of way be dedicated so that it can be constructed when Township Road is constructed. The City Attorney had determined that the Street Committee does not have the power to override a decision of this type by the Planning Commission. David McWethy stated that the Street Committee has recognized the wisdom of not constructing Bois de Arc at this time, but did see the possibility of this connection being necessary when Township Road is constructed. Windell Cullers moved approval of the Final Plat of East Oaks, Phase II with the dedication of Bois de Arc as recommended by the Street Committee. Newton Hailey seconded. The motion passed (7-0). The next item of business was the CONDITIONAL USE Conditional Use request submitted by DUPLEXES IN R-1 Charles Combs to have a duplex located CHARLES COMBS North of Highway 16 East and East of Mally Wagnon Road, zoned R-1, Low Density Residential District. (Tabled at the May 11, 1981 Planning Commission meeting pending the proof of notification of adjacent property owners by the applicant, and someone being present to represent.) Charles Combs was present to represent. He stated that he believed the Planning Commission had all the information they needed to make a determination and that he would be glad to answer any questions that they may have. Martin Redfern asked if there were presently duplexes in the neighborhood. Mr. Combs stated there is presently a duplex South of this lot. Bobbie Jones stated that the Planning Commission also approved some duplexes immediately North of this lot. Jacks asked if there was anyone present in the audience appearing in opposition to this conditional use request. There was no one present to oppose the request. Windell Cullers moved to grant the conditional use. Martin Redfern seconded. The motion passed (7-0). • Planning Commission Meeting May 26, 1981 Page 7 The next item of business CONDITIONAL USE was the conditional use request APARTMENTS IN R-0 submitted by Robin Hernreich to ROBIN HERNREICH convert an existing structure into a 9 unit dwelling at 1S North Church Avenue, zoned R-0, Residential Office District. Also, request to use City Parking lot on the East side of Church between Center Street and Meadow for off-site parking. Robin Hernreich was present to represent. Bobbie Jones stated that this item had been The request included a waiver of the minimum lot a waiver of the parking requirements. The Board of the minimum lot width, and suggested that Mr. off-site parking from the Planning Commission. Robin Hernreich addressed the Commission. He stated he had previously been before the Planning Commission to seek a rezoning on the advice of Bobbie Jones. The rezoning was turned down, and a conditional use was granted on the condition that the City Attorney determine that the Planning Commission has this power. Hernreich said he would like to renovate the present building which is an eye sore. The renovation will consist of creating five single -bedroom units and four double -bedroom units. Upon seeking the waiver of the minimum lot width requirements, he felt the Board of Adjustment was encouraging and that they wanted him to put the apartments in. The building will be in accord with the environment of the square. He stated he is unable to resolve the parking problem, however, he has reworked the parking and will be able to provide 1S parking spaces at a 90 degree angle. He stated that the easement used by Moore's Chapel will not be encroached upon. However, the public parking across Church Avenue will have to be used in order to comply fully with the parking requirements. Hernreich stated that there was an objection from Mrs. Ramsey, the property owner to the North. She did not want any windows in the building facing North as her privacy would be violated. Mr. Hernreich stated there will be no windows facing North. Hernreich further stated he felt this use would be the most in keeping with the square. Jacks asked if there was anyone present in the audience appearing in opposition to the request. Erwin Davis addressed the Commission. He stated the Board of Adjustment had unanimously denied the variance in the parking requirements. He said that Mr. Hernreich has submitted plan after plan trying to make this proposal work. Mr. Hernreich stated he had reworked his parking layout at the request of the Board of Adjustment. Davis continued: the last time a parking layout was presented, there was an attempt to fence and block off the 20 ft. mutual access easement serving Moore's Chapel. The second plan showed several parking spaces on both sides of the alley. He felt the present plan was based on erroneous mathematics. He did not believe that parking spaces of sufficient size to meet the ordinance could be provided in the space available. He agreed with Mr. Hernreich in that this structure is an eye sore, but the intent of the building when it was constructed was to serve as a garage. He said his main concern is protecting the 20 ft. right of way that has been used by the funeral home since 1947. He stated the area is congested and the McKinney agency is presently using the alley for parking as well as the public. He felt the proposal was too intense a use for a building that was originally heard by the Board of Adjustment. width for apartments in R-0, and of Adjustment granted a waiver Hernreich seek permission for , L y i Planning Commission Meeting • May 26, 1981 Page 8 • • erected to serve as a garage. Joe Wilson asked if Mr. Davis' main concern was for the parking in the alley and not for the use Hernreich stated that Moore's Chapel presently has three different ingress/egress points not including this alley. He did not see that much of a problem. Davis stated the alley way is presently used by funeral home customers, and has historically been used by funeral home customers. Jacks stated that the critical issue is the provision of adequate parking. Hernreich stated that additional parking can be accomodated by the use of the public parking across the street. McWethy stated that the City Manager's Office would not be supportive of the use of the public parking for the apartments. He stated that there are a limited number of public parking spaces available, and several new buildings being constructed that will be using the parking lots. Jim Lindsey asked what Mr. Hernreich's alternatives would be. Hernreich stated that when he purchased the structure, apartments were an approved use for the site, and that he would have been allowed to use the structure for apartments without any waivers. The ordinance was changed,to makeapartments a conditional use in R=O.'. Wilson stated that the downtown area is going to develop and this problem will be seen more and more in the future. Hernreich stated that he could use the property by right for offices, without any waivers, and the parking requirements would not have to be met, the requirements for offices are twice that of the proposed apartments. Cullers moved to deny the conditional use request and the request that off-site parking for this project be approved. Cullers stated that off-site parking had been approved for several buildings on the square, and that the square was being overbuilt for the parking spaces available. David Williams seconded Cullers' motion to deny. Hernreich maintained that the parking would be sufficient. Jacks stated he was in agreement in that the use would be a good one for the site, but that the site is not workable from a parking and traffic standpoint. Wilson stated that downtown areas never have enough parking and that it is impossible to provide parking in built up commercial areas. Don Hunnicutt stated that if theparkingproblem is resolved, that he would like to see this project go. Bobbie Jones said this conditional use request could be reheard if new evidence is submitted. The motion to deny passed (5-2) with Newton Hailey and Joe Wilson casting the "Nay" votes. The next item of business CONDITIONAL USE - HOME OCCUPATION was the Conditional Use request RICK BASHOR submitted by Rick Bashor to conduct 848 ROCKWOOD TRAIL swimming lessons for young children at 848 Rockwood Trail, zoned R-1, Low Density Residential District. Rick Bashor was present to represent. He stated that he had appeared before the Commission last year. He had been notified that he needed to renew his 95 • • • Planning Commission Meeting May 26, 1981 Page 9 conditional use. He stated his operation would be the same except his hours would be from 1:00, P.M. to 5:30, P.M., instead of from 12:30, P.M. til 5:00, P.M. There was no one present in opposition. Martin Redfern moved that the Conditional Use request be approved for another year. David Williams seconded. The motion passed (7-0). The next item for consideration VARIANCE FROM MINIMUM was a request for a variance from the LOT SIZE FOR A LOT SPLIT lot size requirement applicable to BILL GRAUE a lot split submitted by Bill Graue for property South of Highway 16 West and East of County Road 650 in the Fayetteville Growth Area. Bill Graue was present to represent. He stated that this is part of a much larger tract of land. Graue said he wishes to purchase 1-1/2 acres and an existing house to live in. The 1-1/2 acres will come out of a 60 acre tract. Ernest Jacks asked if there was anyone present in the audience appearing in opposition to the variance. There was no one present in opposition to the request. Windell Cullers moved to approve the variance of the minimum lot size for a lot split and Joe Wilson seconded. The motion passed (7-0). The next item of business was a CLARIFICATION letter from City Attorney, Jim McCord, LOT SPLIT ORDINANCE clarifying his April 28, 1981 memo regarding lot splits. Jacks stated he had spoken with the City Attorney. McCord had indicated that Mr. Gitelman's interpretation of his memo was correct. That a building permit couldn't be denied a person because his property did not conform to the lot split ordinance. Bobbie Jones stated that this memo had resulted from a split, not a building permit. That the memo had been written in order that a fourth split could be performed on a piece of property. Windell Cullers stated the memo appears to him to say that building permits have been denied to persons whose lots are not in accordance with the lot split ordinance, and that those persons should not be held responsible. Lindsey stated this had arisen due to a fourth division,cutting off a forty acre tract, after three lot:spli:ts: _ The lot split ordinance was formed so that pieces of land could not be subdivided without going through the subdivision procedure, and installing the necessary improvements. Lindsey said he is confused in applying the ordinance and its amendments. He stated that he deals in property a lot and that he would like some of the confusion cleared up. He would not like to sell someone a piece of land and tell him it is fine to use it and then find out it does not comply and is not usable. David Williams and Martin Redfern left the proceedings at 7:00, P.M. Ernest Jacks suggested that if there is any confusion over part of this ordinance, that Jim McCord should be contacted. Since this item required no action by the Commission they considered the next item on the agenda. 46 Planning Commission Meeting May 26, 1981 Page 10 The next item of business was a copy BILL OF ASSURANCES of Bill of Assurances of Safeway Stores, SAFEWAY STORES Inc submitted to restrict the use of property covered by Rezoning Petitions R80-14 and R80-15. and rezoned by the Board of Directors on May 5, 1981. Bobbie Jones stated this item requires no action, it is strictly informational. Ernest Jacks stated he had read in the paper where the Board of Directors had rezoned this property. He said that Safeway must have satisfied the property owners that had been opposed to the rezoning. There being no action required on this item, the Commission considered the next item on the agenda. The next item of business was SKATE PLACE correspondence concerning the additional PARKING REQUIREMENTS parking spaces still needed in order to furnish 83 parking spaces at the Skate Place, 661 West Ash Street. Mr. and Mrs. David Carter were present to represent. Mr. Carter stated that he was not trying to circumvent the parking requirements of the City. He said he had written many letters back and forth to the City. Bobbie Jones stated that many of those letters were written when there were fewer parking spaces than are out there now. Mr. Carter stated there are presently 77 parking spaces and 83 are required. He said that the parking lot is never more than 2/3 full. Bobbie Jones stated that the Board of Adjustment is the only body that can grant a waiver for reduction of parking spaces. She said the Carters had been before the Board of Adjustment once before requesting a waiver of parking requirements and they had been denied that request. Carter said there are presently 77 - 10 ft. x 20 ft. parking spaces. Windell Cullers stated that Mr. Carter knew the parking requirements when he first started his operation. Windell suggested that Mr. Carter restripe his parking area and that he will probably be able to get the required number of 9 ft. x 19 ft. parking spaces into the area Upon a motion by Williams and a second by Cullers, the meeting adjourned at 7:20, P.M. 17�