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HomeMy WebLinkAbout1983-01-24 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held on Monday, January 24, 1983 at 5:00 P.M. in Room 107 of the Continuing Education Center, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Morton Gitelman, Newton Hailey, Jr., Windell Cullers, Julie Nash, Don Hunnicutt, David Williams and Barbara Crook. MEMBERS ABSENT: OTHERS PRESENT: Melanie Stockdell Lyell Thompson, Bill Schwab, Lois Stratton, Pat Pinnell Gordon Wilkins, James Cramer, Charles Forbes, Carol McDaniel, Roy Faubiis, Russell Jack, Millard Goff, David McWethy, Suzanne Kennedy and others. The Minutes of the Planning Commission meeting of January 10, 1983 were approved as mailed. MINUTES The second item on the agenda UNIVERSITY BAPTIST CHURCH was a letter submitted by University WITHDRAWAL OF REQUEST Baptist Church to withdraw the request TO VACATE VANDEVENTER AVENUE for vacating Vandeventer Avenue. Chairman Jacks said that the letter states the Church does desire to leave the door open to bring back their request at a later date. He said he had received a letter from Ernie Deane commending the Commission for at least postponing a decision on the closing, as he is against it in principal. The Chairman said he has a petition from 40 or so residents in the general area of Ila, Wilson, West Maple, Vandeventer and Louise Streets which he read and which asks that Vandeventer Avenue not be closed. Lyell Thompson, who lives in the neighborhood, said he and many of his neighbors felt the street should not be closed and that this resulted in the signing of the petition. Bill Schwab, who lives in the neighborhood, said he is concerned that University Baptist Church has been growing like an amoeba and expressedhis feelings on how this could affect the neighborhood as a whole. Windell Cullers moved to accept the petition to withdraw. The motion was seconded by Julie Nash and passed, 6-0-1, with Morton Gitelman abstaining. The next item to be considered was a request for a variance from the lot size requirement applicable to a lot split submitted by Lois Stratton for property east of One Mile Road and north of Highway 62 (tabled at the meeting). Property zoned,C-2, Thoroughfare was present. REQUEST FOR VARIANCE ON LOT SIZE REQUIREMENT HIGHWAY 62 AND ONE MILE ROAD LOIS STRATTON January 10 Planning Commission Commercial District. Lois Stratton 8 1 Planning Commission January 24, 1983 Page Two Jacks mentioned that at the last meeting the petitioner was not present and there were two requests from the audience for tabling. Pat Pinnell said they are requesting a variance from filing a plat to divide the property. It was clarified that it was to be a first lot split and the intention is to sell the property. Bobbie Jones stated the requirement is that each parcel be three acres. She said sidewalks are required and there is a Bill of Assurance on file to guarantee the construction of a sidewalk upon the call of the City. Ernest Jacks stated John Everett and Bill Storey had asked at the last meeting that this be tabled so that they could be heard and it was noted neither was present. Windell Cullers moved to approve the request for variance. The motion was seconded by Newton Hailey. Bobbie Jones stated the property on the northwest is zoned A-1 and the Board of Directors had denied a rezoning request for commercial zoning. There was discussion about how the lot split would affect the remainder of the property left and Bobbie Jones stated a 20 foot building setback would be required on the rear of the lot split off. Pat Pinnell said he would be requesting a rezoning from agricultural to commercial for the third time as soon as the time limit in the ordinance permits. He said he meets all setbacks on the side or front. Don Hunnicutt pointed out to Mr. Pinnell that, after the lot split, there would have to be a 20 foot building setback from the north property line of the lot to be sold. Bobbie Jones stated they can build to the west property line on the parcel being split off, but she agreed they must comply with the building setback for the rear of the lot. She stated Mr. Pinnell can build to side property lines only when it abuts C-2 zoning. Pinnell stated he would be coming back for a variance on the building of a 25 foot canopy at the rear of the property. The motion passed, 7-0-1, with David Williams abstaining, stating he had arrived too late to hear the discussion. The next item was to REQUEST TO OMIT STREETLIGHT consider a request by Gordon EAST OAKS SUBDIVISION -PHASE II Wilkins to omit the street GORDON WILKINS light on Twelve Oaks and Bois De Arc in East Oaks Subdivision, Phase II (final plat already recorded). Wilkins stated the intersection is the brightest part of the subdivision and in his opinion an additional streetlight would be a waste. He said he is willing to put one in if the City requires it, but the City should pay the expense. He stated there are three other streetlights within 220 feet. Bobbie Jones said two of the other streetlights being referred to are in the adjoining Jerry Sweetser Subdivision. She also said the Bill of Assurance suggested by Assistant City Manager McWethy in Plat Review comments would have to be tied to the property as a future lien, which might be a problem. Wilkins stated SWEPCO told him they were instructed by the City of Fayetteville to omit the streetlight. Newton Hailey said he felt we need streetlights at intersections. There was some discussion by Planning Commission members about the need for a light at the intersection if the street is ever opened and the possibility of eliminating one of the other nearby lights, such as the light at the rear of Lot 14, Block 11. • Planning Commission January 24, 1983 Page Three David McWethy said he does not think the light is needed. He said if there is a problem with deleting it entirely, the Commission might consider, the Bill of Assurance. Don Hunnicutt stated omitting the streetlight would be a waiver of the 300 foot spacing requirement. Hunnicutt moved to eliminate the light at the intersection and Bois De Arc. The motion was seconded by Morton Gitelman. In answer to a question from Cullers, Wilkins agreed it was move an existing streetlight to the intersection. The motion passed, 7-1, with Newton Hailey voting "nay". Chairman Ernest Jacks asked Morton Gitelman, David Williams and Julie Nash to serve as a committee to nominate officers to the Planning Commission for 1983. Nash was asked to serve as Chairman and the committee of nominees to the next meeting. Jacks introduced Rezoning Petition R82-20, Johnie and Ora V. Bassett, to rezone property located south of Highway 16 West and east of County Road 650 from A-1, Agricultural District to C-1, Neighborhood Commercial District. Jacks stated this property had been annexed in the November, 1982 election. Larry Wood presented the Planning Report and stated the C-1 District is not recommended at this time for the following reasons: 1. Commercial development at the requested location is premature; a. The area has just recently been annexed into the City and lacks sewer service. He stated there is sewer to the west but does not know if it can be extended to the south. b. There have been discussions between the Planning Commission and the County Planning Board about the. possibility of a commercial concentration at Ruple Road but that has not yet been reflected in the General Plan. c. The area is rural in nature and sparsely developed. d. There is commercial property at Highway 16 West and the Highway 71 Bypass that is undeveloped, and this should be developed first. 2. The limits of any commercial development should be established at the Ruple Road intersection so that subsequent commercial zoning does not establish a precedent for strip commercial development on Highway 16 West. Barbara Crook suggested the Planning Commission ask Larry Wood to study this and other recently annexed areas before approving any rezoning within these areas. Barbara Crook moved to table the petition until the Commission receives more information from a study of the area to be done by Larry Wood. of East Oaks feasible to APPOINTMENT OF COMMITTEE TO NOMINATE OFFICERS FOR 1983 was;.asked to bring a slate REZONING PETITION R82-20 HIGHWAY 16 W AND COUNTY ROAD 650 JOHNIE AND ORA V. BASSETT 10 • • • Planning Commission January 24, 1983 Page Four The motion was seconded by Julie Nash and Nash asked Larry Wood when he could expect to complete the study. Wood stated he could complete the study by the first meeting in March. Bobbie Jones noted there is a 45 -day limitation for tabling the hearing on a rezoning petition. Windell Cullers disagreed with the motion and stated his wish to vote on the rezoning. Ernest Jacks opened the public hearing. James Cramer, representing C P, F Surveyors, stated Johnie Bassett, owner of the property, wishes to withdraw the Phase II portion of his subdivision from his request, as well as Block 2 of Phase 1, leaving only 5 lots south and east of Ruple Road that he asks to be rezoned. He said a portion of this has been approved by the Health Department for septic systems. Jacks asked if anyone wished to speak in opposition. Russell Jack stated he thought a complete study should be done of the drainage problems in the area. He said he could not see the need for any commercial development in that area. Millard Goff, property owner nearby, stated careful consideration should be given to the area which already has some serious drainage problems. Cramer stated the five lots under petition are too far away from Mr. Goff to cause any problems. Mr. Goff spoke further about the drainage problems, and Chairman Jacks stated the Planning Commission is aware of the drainage problem and closed the public hearing. Larry Wood agreed to have a study completed by February 28th in order to comply with the 45 -day deadline and stated he would talk with the City Engineer on the drainage problem. Barbara Crook amended her motion to say she moved to table the petition until February 28, 1983. Julie Nash agreed to second the amended motion. Don Hunnicutt also pointed out the drainage problem must be addressed upon review of the final plat. The motion was passed, 6-2, with Windell Cullers and David Williams voting "nay". Chairman Jacks introduced Rezoning Petition R82-21, City of Fayetteville, to rezone property located north of Highway 16 By-pass (15th Street), south of Seventh Street, and west of South College Avenue from R-2, Medium Density Residential District to P-1, Institutional District. David McWethy, Assistant City Manager, was present. McWethy stated the rezoning to P-1 is requested for purposes of park development and said the zoning was currently residential. Julie Nash moved approval of Rezoning Petition R82-21. Chairman Jacks opened the public hearing. There was no one else present to speak in favor of or in opposition to the petition. The motion was seconded by Morton Gitelman and passed, 8-0. REZONING PETITION R82-21 CITY OF FAYETTEVILLE PARK PROPERTY DAVID McWETHY • Planning Commission January 24, 1983 Page Five Ernest Jacks stated the next item on the agenda was public hearing on Rezoning Petition R83-1, ARI Corporation (George Faucette, Jr.) to rezone property located north of Highway 16 West and east of County Road 877 from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, also annexed in the November, 1982 election. Jacks stated the petitioner submitted a letter January 19 requesting the public hearing be tabled until February 14, 1983. Morton Gitelman moved to table the petition until February 28, 1983. The motion was seconded by Don Hunnicutt and passed, 7-0-1, with Windell Cullers voting "nay". REZONING PETITION R83-1 HIGHWAY'.:16W.& COUNTY ROAD 877 ARI CORPORATION GEORGE FAUCETTE, JR. The next item was to consider a Conditional Use request submitted by Carol McDaniel to have child care for up to ten children in her home at 1901 Austin Drive, property zoned R-1, Low Density Residential District. Carol McDaniel was present. Bobbie Jones stated adjacent property owners had been notified. She said this is not a "home occupation" so the Planning Commission does not have to place a time limitation if they do not wish to do so. She said Mrs. McDaniel is moving from 1818 East Ash to 1901 Austin Drive, and that there have been no complaints since Mrs. McDaniel has been at 1818 East Ash. She said the conditional use, if approved for a temporary period, would not be automatically renewable unless so stipulated by the Commission. David Williams moved approval for one year with the understanding that the Planning Administrator can renew approval indefinitely after one year if there are no complaints. The motion was seconded by Newton Hailey, Jr. David McWethy stated he and his wife use Mrs. McDaniel's child care services and he did not think there would be any problem. The motion passed, 8-0. CONDITIONAL USE REQUEST CHILD CARE 1901 AUSTIN DRIVE CAROL McDANIEL The last item on the agenda was a request submitted by Roy Faubus to extend time on EXTENSION OF TIME ON PAVING PARKING 1901 MOORE LANE ROY FAUBUS paving his parking area at 1901 Moore Lane. Mr. Faubus was present. David Williams moved approval of a 12 -month extension. The motion was seconded by Windell Cullers and passed, 8-0. Jacks moved to approve a Resolution of Congratulations to Melanie Stockdell on the birth of her child. The motion was seconded by David Williams and OTHER BUSINESS With no further business, the meeting adjourned at 5:55 P.M. passed, 8-0. lg