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HomeMy WebLinkAbout1982-02-08 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:05 P.M'.i, Monday, February 8, 1982, in the Director's Room, City Administration Building, Fayetteville, Arkansas MEMBERS PRESENT: Chairman Ernest Jacks, Morton Gitelman, Barbara Crook, Don Hunnicutt, David Williams, Melanie Stockdell, Windell Cullers, Newton Hailey. MEMBERS ABSENT: OTHERS PRESENT: Martin Redfern. Duane Nelson, Tom Hopper, Robert Melton, Rev. Arnold J. Baughman, Bobbie Jones, Cynthia Stewart, and members of the press and audience. Ernest Jacks asked Newton Hailey APPOINTMENT OF OFFICERS to give the Committee's slate of officers for the Planning Commission. Newton Hailey stated the Committee proposes that Windell Cullers serve as Secretary, Don Hunnicutt as Vice Chairman and Ernest Jacks as Chairman, and so moved. Morton Gitelman arrived. David Williams seconded. The motion passed (7-0-1) with Morton Gitelman abstaining. The minutes of the January 25, 1982 meeting of the Planning Commission were approved as mailed. The next item of business was the public hearing on Rezoning Petition R82-2, Duane Nelson to rezone property located West of Highway 71 North, North of Highway 71 By-pass, and East of Gregg Avenue from A-1, Agricultural District to R-2, Medium Density Residential District. Duane Nelson and Tom Hopper were present to represent. The Chairman asked for the Planning Consultant to give his report. Larry Wood stated he is recommending the requested R-2 zoning for the following reasons: MINUTES REZONING PETITION R82-2 DUANE NELSON '.'WEST OF"THE. MALL 1. The public facilities and services are available to serve the nature of the development allowed within the district requested. 2. The R-2 district will serve to establish a use transition from Commercial to the East to lower density residential to the West. /2 Planning Commission Meeting February 8, 1982 • Page 2 3. R-2 District will add support to the established R-0 District zoning transition to the North, on the West side of the shopping center. 4. Medium density residential is suggested as the transitional use in the General Plan. Jacks asked for a clarification of the major streets in the area. Larry Wood pointed out the proposed minor arterial street which would be an extension of Stearns Road West, and the collector street which is proposed to take off from the by-pass service road and head North to intersect with Stearns and eventually connect with the Main street in Johnson. Bobbie Jones stated this was an amendment to the Master Street Plan by ordinance 2514 in April of 1979. Melanie Stockdell asked if these two proposed streets would intersect in this property. Larry Wood stated the East/West minor arterial street is proposed for the South part of this property because of the way the property aligns with Stearns Road. Windell Cullers asked how the Board of Directors action to change Stearns to 67 ft. will affect this property. Tom Hopper, with Grafton, Tull and Associates, addressed the Commission, he stated that Stearns Road in connection with this property is proposed as an 80 ft. right-of-way. The North/South collector, in connection with this property is:iproposed to be a 60 ft. right-of-way, located on the West side of this property Morton Gitelman asked if the developer would dedicate 40 ft. of right-of-way for Stearns. Hopper stated the East/West street will require 80 ft. of right- of-way and the Developer will dedicate 40 ft. The North/South street requires 60 ft. of right-of-way and the developer will dedicate 30 ft. of that. Gitelman stated the development plans should show this. Jacks asked if there was anyone else present in favor of the request. There was no response. The Chairman asked for comments in opposition to the request. There was no opposition. Morton Gitelman asked Larry Wood what would happen to the R-1 property North of the property under petition should the Planning Commission and the Board of Directors agree to rezone this property as requested. It is R-1 district now and it abuts R-0 District. There is R-1 and R-0 zoning directly North of the property under application. Larry Wood stated that the R-1 property is presently under mall ownership and he felt the present zoning is questionable. He felt it would probably be requested to be rezoned. David Williams moved that Rezoning Petition R82-2 be recommended to the Board of Directors for approval.as requested. Don Hunnicutt seconded. The motion passed (8-0). The next item of business was a request by Ross M. Fefercorn, Omni -Shelter, Inc., to use bituminous curbing within the Bronze Tree Development in lieu of concrete curb and gutter. BRONZE TREE VILLAGE REQUEST FOR BITUMINOUS CURBING OMNI SHELTER, INC. 13 • • • Planning Commission Meeting February 8, 1982 Page,, 3 Robert Melton was present to represent. Jacks stated there appears to be a difference of opinion concerning the asphalt curb and gutter. Bobbie Jones stated that Clayton Powell does not want to recommend anything one way or another, but that he is against private streets because he thinks the City will end up maintaining them. Robert Melton stated that he is representing Omni -Shelter, Inc., he said that actually he did not feel this particular area was a private street, but a driveway approach serving the townhouses. David Williams asked for a clarification of the request. Bobbie Jones read the ordinance concerning the construction of curbs and gutters in a PUD. Jacks stated that actually, the developer could install ditches to carry water run-off. Jacks felt the asphalt curbing proposed was better than ditching but not as substantial as concrete curbing. Crook asked if the street cross section will remain the same, whether it was curbed or not. Bobbie Jones stated the specifications for construction of streets regarding sub -base, base and pavement are the same whether the curbing is asphalt or concrete. The only thing waived is the width and the provision for ditches. Jacks asked if this PUD was approved with bar ditches. Bobbie Jones stated approval was based on drainage meeting with the approval of the street superintendent. She said the developer does not want to go to ditching. Gitelman asked if the PUD was approved with private streets. Jacks stated that is correct. Morton Gitelman stated there will be covenants for the provision of street maintenance, and did not feel the City would ever be responsible for maintaining the streets. Windell Cullers moved that the Developer's request for asphalt curbing be approved. Morton Gitelman seconded. The motion passed (8.t0). The next item of business was NORTHEAST UNITED PENTECOSTAL CHURCH OF GOD a request by Reverand Arnold J. Baughman for CONSIDERATION OF EXPANSION the Planning Commission to consider 605 APPLEBY ROAD any applicable restrictions that may be placed on the Church if they purchase the property at its present location. The Church is located at 605 Appleby Road. The property is zoned R-2, Medium Density Residential District. Reverand Arnold J. Baughman was present to represent. He stated that the . Church has been renting the property at 605 Appleby Road since the Planning Commission gave a Conditional Use for a Church use at this location last July. He stated lately, the owner of the property has offered to sell the lot to the Church. Mr. Baughman stated he was concerned about any restrictions that may be placed on the Church due to its residential zoning regarding expansion or the construction of a new sanctuary, if the Church chooses to purchase the property. Jacks stated the approval for the Conditional Use did not contain a time limit. He stated any expansion or future development may require improvements to Appleby Road such as sidewalks, etc. Also, any future addition or extension would have to meet the zoning setbacks.for the district. Morton Gitelman stated a change of ownership of the lot would not affect the approval for a church use at this location. IL/ Planning Commission Meeting February 8, 1982 Page 4 There being no action required on this item, the Planning Commission considered other business. Under other business, there OTHER BUSINESS was an informational item,concerning a consent decree in the case of the City vs. Riley Skillern. Skillern is enjoined from selling additional parcels of less than five acres from the original tract without first complying with the Subdivision Regulations, unless a contract is entered into with the buyer that the buyer will comply with subdivision regulations or obtain a lot split. Bobbie Jones stated that the City Attorney has drafted an ordinance to amend the Subdivision regulations which has been set for public hearing at the February 22, 1982 Planning Commission meeting whereby large parcels of land may be sold without subdividing the property. At its last meeting, the Planning Commission ZION ROAD/ZION PLACE requested the Planning Administrator to research the history of Zion Road and, if the designation for Zion Road and Zion Place had not been changed, to advertise a Public Hearing for amendment to the Master Street Plan. Bobbie Jones stated that upon research of the matter she had discovered that the Master Street Plan had been amended in December of 1975 to designate Zion Place as a Minor street and Zion Road as a Collector Street. There being no further business, the meeting adjourned at 5:30 P.M.